RGC Wireless Internet Terms of Service
205 E. San Benito St.
Rio Grande City, Tx. 78582
Phone (956) 278-0231

WIRELESS INTERNET ACCESS AGREEMENT
This online agreement is entered into by and between you the subscriber (Subscriber) and RGC Wireless Internet (Provider) with offices at 205 E. San Benito St., Rio Grande City, Tx. 78582, for the purpose of establishing the terms and conditions under which Provider will furnish Wireless Internet Access Service.

SERVICE TO BE PROVIDED. Provider, under the terms of this agreement, will furnish to Subscriber the selected package of Wireless Internet Access Service agreed upon at time of installation.

TERM OF THE AGREEMENT.
This Agreement shall be in effect for an initial term commencing with service inception and continuing for as long as service is being provided. Customer has the right to cancel subscribtion to service(s) at any time. Services shall not be redistributed outside the premises either for free or for profit without prior written concent from RGC Wireless Internet. RGC Wireless Internet owns all equipment, antennas, cables, and select software and upon any termination all equipment must be returned to RGC Wireless Internet. Any unreturned equipment will be billed to the Subscriber in the amount of $300.00 for equipment fees.

CHANGES TO SERVICE.
Subscriber may choose to change their Wireless Internet Access package/speed without violating the terms of this agreement. A change fee may be required to implement the change. A move of service will incur a minimum fee of $60.00. Excess cabling and multiple workstation moves will incur normal hourly labor rates beyond the basic $60.00 equipment move fee. Early termination charges will not apply during the timeframe in which a move of equipment occurs and service is reestablished.

PAYMENT SCHEDULE.
Subscriber will be billed installation charges, as well as the appropriate rates for the Wireless Internet Access Service speed selected at the time of the first bill. Provider reserves the right to request payment for any and all equipment associated with the initial installation for wireless Internet access in advance.

Wireless Internet Access Service charges are due and payable monthly in advance. Failure to pay monthly service charges by the invoice due date, shall give Provider the right, without liability, to temporarily disconnect Wireless Internet Access Service. The Provider is not liable for any loss of business, loss of phone service, or any style of Internet services from a deactivated Internet account. A returned check will be considered non-payment of the account. Restoration of service will require payment of any unpaid balance, fees, and a reconnect charge of up to $25 may be applied. If service is not reconnected within fourteen (14) calendar days, the Wireless Internet Access Service will be permanently disconnected and equipment scheduled to be collected. To restore service after a permanent disconnect, payment of the full unpaid balance, early termination charge, and pre-payment of new installation charges may apply.

PRORATING OF BILLING
RGC Wireless does not prorate charges in the event of late payment or early cancellation of service due to customer request. In the event that RGC Wireless terminates services for reasons other than non payment or customer cancellation, any proration of fees or refunds are entirely the discretion of RGC Wireless

LATE PAYMENT FEES.
A late payment fee of $7.50 per month may be added on accounts not paid before the next billing cycle.

RETURNED CHECK CHARGE
A $30.00 processing fee will be charged on all returned checks.

CUSTOMER PROVIDED EQUIPMENT.
Any equipment not purchased or provided by Provider is customer provided equipment. Provider is not responsible for support of customer provided equipment and Subscriber will be liable for the expense of a service call if such equipment adversely affects Wireless Internet Access Service.

CUSTOMER INSTALLATION.
The installation date and time will be determined by Provider and communicated to Subscriber as early as possible. Prior to or during installation, Subscriber and Provider will determine if Subscriber's computer(s) are configured appropriately for the Wireless Internet Access Service connection. If not, Subscriber will be required to purchase or provide the appropriate hardware for the service to work. Installation of said equipment can be installed by Provider for a fee.
In the event a Subscriber installs a network utilizing the provided Wireless Internet Access Service modem, it is with the clear understanding that Provider is not responsible for any problems that may occur. Provider will not dispatch a technician to Subscriber's location to resolve any computer and/or network-related problems without an associated fee. Provider will not perform work on any of Subscriber's computers without an associated fee.

SERVICE CALLS.
If Provider is called to Subscriber's site and it is determined that the problem is other than the Wireless Internet Access Service and/or the Wireless Internet Access interface, a minimum service fee of $15.00 will be charged for the first hour and in half hour increments thereafter. The stated rates apply during regular business hours. Overtime, weekend, and holiday rates will be higher. Travel and related charges may also apply.
The provided Wireless Internet Access Service hardware is warranted by its manufacturer for a period of one (1) year. During the one (1) year manufacturer's warranty period Provider will support the hardware for problems covered by the manufacturer's warranty. Service calls determined to be the result of an out of warranty Wireless Internet Access Service modem may be charged to Subscriber.

SERVICE DELIVERY.
Wireless Internet Access connection speed (Up to 15Mbps, up to 30Mbps, or up to 45Mbps, depending on package chosen) is measured between Subscriber's location and the Provider access point. Connection speeds may be lower under conditions of high Internet usage. Actual data transmission or throughput may be lower than the connection speed due to Internet congestion, server or router speeds, protocol overheads, and other factors which cannot be controlled by Provider.
DELAY. Provider will not be liable for any delay in the delivery or installation of Wireless Internet Access Service or for any damages suffered by Subscriber by reason of such delay regardless of whether such delay is directly or indirectly caused by Provider.

ACCESS
Access on Premises. RGC Wireless may enter into, upon and over Customer's premises periodically to install, connect, inspect, maintain, repair or alter its outlets and Equipment. To the extent the same is consistent with Customer's ownership of the premises, Customer grants RGC Wireless a temporary and permanent easement to construct, install, maintain, replcae and/or recover internet lines and all other Equipment necessary in connection with the provision of Services. Customer authorizes any other adult resident or adult guest at the premises to grant RGC Wireless access to the premises.

Customer as Renter. In the event Customer is not the owner of the premises upon which RGC Wireless outlet and Equipment are to be installed, Customer warrants to RGC Wireless that he/she has obtained the consent of the owner of the premises for RGC Wireless to make installation and maintenance contemplated by the customer. If Customer is not the owner of such premises, Customer agrees to indemnify and hold RGC Wireless harmless from and against any claims of the owner arising out of the provision of services. Customer agrees to supply RGC Wireless, upon request, the owner's name, address and phone number and/or evidence that the owner has authorized Customer to grant access to the premises to RGC Wireless.

CONSEQUENTIAL DAMAGES.
Provider is not responsible for any incidental or consequential damages resulting from failure of, or suspension of, Wireless Internet Access services.

VOICE OVER IP (VOIP).
Provider does support, but does not guarantee Voice Over IP Protocol. Any number of factors can take down a Voice Over IP telephone line. We suggest either a backup land line or a cellular phone if you use the Voice Over IP services.
TV Over IP (IPTV). Provider does support, but does not guarantee TV Over IP Protocol. Any number of factors can take down a TV Over IP television line. We suggest either DirecTV, Dish Network, or other TV service provider if you continue to have problems with TV over IP Protocol.

ADDITIONAL TERMS.
If either party commences an action against the other party to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs from the non-prevailing party. If any provisions of this Agreement are held to be illegal, invalid, or unenforceable, such shall not invalidate the remaining provisions hereof. This contract supersedes any previous agreements, verbal or written. In the event of legal action arising out of or related to this Agreement, including claims for non-payment of amounts owed here-under, Starr County, Texas shall be the exclusive jurisdiction and legal venue for said action and this Agreement shall be construed according to the laws for the State of Texas. Services may be terminated at any time continuing service is deemed a financial burden to the company exceeding the monthly service charges billed to the customer for service.
THE CUSTOMER AGREES THAT THE TERMS OF THE SERVICE AGREEMENT AND ANY OTHER APPLICABLE POLICIES MAY BE PUT INTO EFFECT OR REVISED FROM TIME TO TIME WITHOUT NOTICE BY POSTING A NEW VERSION OF THE TOS AGREEMENT OR POLICY TO SUCH WEBSITE. CUSTOMER AND OTHER USERS OF THE SERVICE SHOULD CONSULT THE TOS AGREEMENT AND ALL POSTED POLICIES REGULARLY TO CONFORM TO THE MOST RECENT VERSION.

EXCESSIVE USE POLICY.
As with all internet service providers, RGC Wireless Internet does have an Excessive Use Policy. The vast majority of RGC Wireless Internet customers use their connection in a manner that does not infringe on other RGC Wireless Internet customers. An extremely small percentage of customers use their RGC Wireless Internet connection excessively, or at such extreme high volumes, that they use more than their share of the overall RGC Wireless Internet connection. While this high volume use among our customers is very rare (less than 1%), RGC Wireless Internet reserves the right to throttle the network speed of any offending customer down to a lower sustained rate. RGC Wireless Internet would like to stress that this is an extremely rare occurrence and that it only affects those customers who constantly abuse their connection by maintaining extremely long periods of sustained upstream and downstream traffic that maxes out their connection. RGC Wireless Internet expects that almost all its customers will remain unaffected by this as they maintain their normal internet usage. For those who may need a sustained 24/7 connection, RGC Wireless Internet does offer many adaptable solutions to fit your needs such as T1 services.

DMCA/Legal notices
Any DMCA or legal requests must be sent in via registered letter to RGC Wireless Legal Notices, PO Box 231, Rio Grande City Tx. 78582. Any notices sent by any other means will not be accepted. Any notices which are NOT related to ongoing criminal investigations will incur a $30.00/IP research fee. Any requests not paid in full will be discarded upon receipt. Checks for research/forwarding of DMCA notices should be made payable to RGC Wireless Internet, with RESEARCH and the requested IP address clearly written in the MEMO of the check. Research fees are non-refundable.
Personal/IP information in reference to a DMCA notice can NOT be disclosed without a legal notice of subpoena.

CANCELLATIONS AND REFUNDS.
Service cancellations are only accepted via telephone call, letter by mail, or in person at the office. Failure to pay your bill is NOT considered cancellation, it is considered a non payment and is subject to late fees, service termination and collection.
If service is cancelled by the customer, any refunds of prepaid services will be made to the account name for the remaining unused months of service. Any other service refunds are solely the discression of RGC Wireless Internet. Installation and technition charges are labor and are NOT refundable under any circumstances.

TAMPERING AND MISUSE OF EQUIPMENT.
Installed equipment is for the sole use of RGC Wireless to supply internet service. Tampering with the install, mounting hardware is expressly forbidden and can result in fines or immediate termination of service and collection of equipment.

Tampering with the antenna, cable, or POE, (including, but not limited to reprogramming for use in connecting to services other than RGC Wireless) will result in immediate termination of service, collection all of equipment and will incur a tampering fine and could result in legal action.

COMMITMENT OF SERVICE.
RGC Wireless Internet continually strives to be the premier Wireless Internet Access Service Provider in Texas. As part of this commitment, our Network Operations Center (NOC) Engineers proactively monitor performance on our network backbone to ensure RGC Wireless Internet has adequate backbone bandwidth to accommodate high-speed service for our entire customer base. RGC Wireless Internet offers products that range from dedicated backbone bandwidth (more expensive) to products that are shared backbone bandwidth (less expensive). You should work with your RGC Wireless Internet Sales department to determine which product offering best fits the needs of your business or residence.

It is important to RGC Wireless Internet that our customers clearly understand the difference between purchased bandwidth and throughput. First, some background about the Internet. The Internet is a mesh network comprised of multiple independent Internet Service Providers, Enterprise Level Customers and Residential Customers located throughout the world. As such, there are various WAN routing protocols that make up the Internet including, but not limited to, Frame Relay, ATM, IP over Ethernet and IP over SONET. With these WAN routing protocols come various overhead requirements that reduce the amount of throughput possible for all Internet customers. In addition, TCP is the primary transport layer protocol utilized throughout the Internet. HTTP (www sites), HTTPS, FTP, TELNET and many other applications utilize the TCP protocol suite as their transport layer protocol. TCP is a connection-oriented protocol thus also has overhead requirements. Most in-depth testing and research shows that the average customer will get optimal throughput of 90% to 99% of their purchased bandwidth. This (90% to 99%) is considered the best possible throughput results and can degrade beyond that should there be congestion on the Internet (whether the congestion be with the source ISP, destination ISP or Internet backbone, including access points or peering points).

Keeping the network overhead described above in mind, an example of optimal "throughput speed" versus "purchased bandwidth". Remember that other congestion factors could come in play that reduce this speed but this would be your optimal (best possible) throughput speed.

Finally, RGC Wireless Internet takes great pride in our high-speed network. We also recognize that unexpected traffic on our network and/or the Internet can at times impact our customers reducing their throughput speeds. Many factors are involved in this potential problem and our commitment is that RGC Wireless Internet will do everything possible to proactively monitor, evaluate and control the factors within our direct control. In addition, we continually evaluate new technologies to ensure we evolve our network as technologies change thus allowing us to deliver state-of-the-art products to our customers.