Echo Ridge Wifi Current Terms of Agreement   1. Computer Equipment Echo Ridge reisdents are responsible for providing wireless device to connect to the network.      2. Equipment Provided We, or our agent or contractor may provide User with a radio, an antenna, and certain software (collectively the "Equipment"). We may also provide a user manual that contains instructions for setting up and using the Equipment. The Equipment provided by us, if installed and used properly, allows the User to access and use the Internet.      3. Services Services provided by us are for the sole use of the User and not for resale of any kind without the prior written consent from us, which may be given at its sole discretion. In the event the User attempts to resell the Services, we may, at our sole discretion, increase the fees associated with the Services, or terminate the Services.      4. Billing Currently not applicable at Echo Ridge, User agrees to pay all charges to User’s account, including recurring fees, applicable taxes and charges to recover taxes paid, in accordance with billing terms in effect at the time the fee or charge becomes payable. User agrees to provide us with accurate and complete billing information, including User’s legal name, address, telephone number and credit card information. User agrees to report to us all changes to this information within thirty (30) days of any change, including any change in the expiration date of User’s credit card. The recurring fee is due and payable in advance of the respective billing period for which the User has purchased Services, with the first payment due and payable on the activation date of the Services. User agrees to pay a fee for processing unpaid checks or rejected credit cards. Activation and usage fees are non-refundable. The initial payment may include non-recurring installation charges including, but not limited to equipment and activation fees. Delinquent accounts are subject to immediate termination or suspension of Services at the sole discretion of us. If payment is not received by us within fifteen (15) days from the date payment is due, User’s account is considered delinquent and User will be subject to a late payment fee of 1.5% per month of the outstanding balance on User’s account or  dollars, whichever is greater (not to exceed the maximum rate permitted by law). User is also responsible for all attorney and collection fees arising from our efforts to collect any unpaid balance.      5. Intended Use of the Services User acknowledges and agrees that the Services are for personal use and agrees not to use the Services in a manner prohibited by any federal or state law or regulation. User further agrees to adhere to our Acceptable Use Policy ("AUP") which is available on our Account Management website. Transmission of any material in violation of federal or state law or regulation, including, but not limited to any copyrighted material, material protected by a trade secret or material or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited.   User acknowledges that there is content on the Internet or otherwise available through the Services which may be offensive, or which may not be in compliance with all local laws, regulations and other rules. We assume no responsibility for and exercises no control over the content contained on the Internet or is otherwise available through the Services. All content accessed or received by the User is used by User at his or her own risk, and we and our employees shall have no liability resulting from the access or use of such content by the User.      6. System and Network Security Users may not attempt to circumvent user authentication or security of any host, network, or account (also known as "cracking"). This includes, but is not limited to, accessing data not intended for the User, logging into a server or account the User is not expressly authorized to access, or probing the security of other networks.   Users may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.   Users may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.   Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.   Users understand that there are certain security risks by utilizing wireless 802.11b networks. We are committed to maintaining a public network for ease of use and make no guarantees or representations regarding the security of our network. We recommend the use of personal firewall software and a VPN client to attach to private networks. As an option, we support routable IP addresses to all connection types to support a corporate VPN. Additional information about personal firewalls, VPN’s, and other security precautions can be found on our FAQ website.      7. Privacy; Monitoring the Services We are under no obligation to monitor the services, but we may do so from time to time and we may disclose information regarding User’s use of the Services for any reason and at our sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Services in an effective manner, or to otherwise protect us and our Users.      8. IPAddresses                                                                                                                                                                                           IP addresses are normally assigned on a dynamic basis and there is little or no assurance that the User will be assigned the same (or even similar) IP address between sessions. IP addresses are normally assigned on a dynamic basis and there is little or no assurance that the User will be assigned the same (or even similar) IP address between sessions.      9. Restrictions Users agree not to run any servers in conjunction with the Services, including but not limited to, electronic mail, NAT, DHCP and DNS servers. In the event any User attempts to utilize a server on the network, we may, at our sole discretion, increase the fees associated with the Services, or terminate the Services.     10. Term / Cancellation User agrees to maintain Services for the duration of the Initial Term. After the Initial Term, Services shall automatically renew for successive periods equivalent to the Initial Term. User may terminate the Services at the end of the Initial Term or at any time during any renewal term by providing not less than thirty (30) days written notice to us. Termination notice must be sent to the address located on our FAQ website.     11. Reconnect Fee If the Services are terminated due to non-payment and/or breach of the Terms and Conditions or ACCEPTABLE USE POLICY, User agrees to pay a reconnection fee, if Services are reactivated.     12. Disclaimer of Liability THE SERVICES PROVIDED BY US ARE PROVIDED "AS IS." WE MAKE NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY REGARDING THE RELIABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF ITS SERVICES. USER UNDERSTANDS AND ACKNOWLEDGES THAT WE EXERCISE NO CONTROL OVER THE NATURE, CONTENT OR RELIABILITY OF THE INFORMATION AND/OR DATA PASSING THROUGH OUR NETWORK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, ITS DEALERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY AND USER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE QUALITY, ACCURACY OR VALIDITY OF THE INFORMATION AND/OR DATA RESIDING ON OR PASSING THROUGH ANY NETWORK. USE OF ANY INFORMATION AND/OR DATA OBTAINED FROM OR THROUGH SERVICES PROVIDED BY US WILL BE AT USER’S OWN RISK. USER ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR ANY ERRORS OR INTERRUPTION IN THE INSTALLATION PROCESS OR IN PROVIDING THE SERVICES, WHETHER WITHIN OR OUTSIDE THE CONTROL OF US. UNDER NO CIRCUMSTANCES SHALL THE USER HOLD US OR ANY OF OUR AGENTS, CONTRACTORS OR REPRESENTATIVES RESPONSIBLE FOR ANY FORM OF DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES) SUFFERED FROM, BUT NOT LIMITED TO ERRORS, DELAYS, LOSS OF INFORMATION, DELAYS IN THE INSTALLATION OR PROVISIONING PROCESS, OR INTERRUPTIONS IN THE SERVICES CAUSED BY THE USER, US OR A THIRD PARTY’S NEGLIGENCE, FAULT, MISCONDUCT OR FAILURE TO PERFORM. USER UNDERSTANDS THAT TELECOMMUNICATION AND/OR NETWORK ACCESS SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE AND FOR OTHER REASONS WITHIN AND OUTSIDE OF THE DIRECT CONTROL OF US. UNDER NO CIRCUMSTANCES DO ANY SUCH ERRORS, DELAYS, INTERRUPTIONS IN SERVICES OR LOSS OF INFORMATION NULLIFY OR MODIFY THESE TERMS AND CONDITIONS. WE RESERVE THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A USER AT ANY TIME WITHOUT CAUSE. THE INTERNET CONTAINS UNEDITED MATERIALS, WHICH MAY BE SEXUALLY EXPLICIT, OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICES. WE HAVE NO CONTROL OVER SUCH MATERIALS AND ACCEPT NO RESPONSIBILITY FOR SUCH MATERIALS.     13. User Complaint Resolution In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, User should contact us at the address and phone number listed on our website.     14. Outbound E-Mail Redirection In order to provide consistent outbound e-mail delivery, we may (dependent on the equipment located on-site) intercept and redirect User's outbound e-mail.  Part of the redirection includes spam filtering via SpamAssassin (http://spamassassin.apache.org/index.html).  If our server detects spam, User's e-mail recipient(s) will receive an e-mail with subject "SUSPECTED SPAM" along with an attachment of the original message.  This type of spam filtering is required by most hotel chain Internet standards.     15. Entire Agreement The Services Order Confirmation and Acknowledgement Terms and Conditions, the Terms and Conditions, the Acceptable Use Policy and the Privacy Policy contain the entire agreement and understanding concerning the Services and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral. The Terms and Conditions may be modified at any time by us and the latest version of the Terms and Conditions may be found on our FAQ website. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.     16. Assignment and Successors in Interest All of the Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of User. Except as specifically stated herein, neither these Terms and Conditions nor any of the rights, interests or obligations of User or us shall be assigned or delegated without the prior written consent of us. Any unauthorized assignment or delegation shall be null and void. Notwithstanding the foregoing, we may assign or otherwise transfer its rights and obligations to any affiliate (whether by purchase of stock or assets, merger, operation of law, or otherwise) of that portion of its business related to the subject matter hereof.     17. Venue/Choice of Law These Terms and Conditions shall be construed in accordance with the laws of the State of Indiana (excluding rules regarding conflicts of law) and the United States of America.     18. Severability In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and Conditions will remain in full force and effect.     19. Indemnification User shall indemnify and hold us harmless against any and all claims, losses, damages and liabilities sustained by User resulting from, rising out of, or connected with any breach of, or non-fulfillment of any representation, warranty, covenant or agreement made by or other obligation of User contained in these Terms and Conditions.         .