SERVICE ACCEPTANCE AGREEMENT/DISCLOSURE (SAA)

All services provided by Catapulsion LLC, hereafter referred to as Catapulsion, will be billed on a monthly basis. The wireless Broadband Internet services provided shall remain in effect on a month-to-month basis until either Party gives the other thirty (30) days prior written termination notice. This Service Agreement shall become effective for both Subscriber (customer and /user) and CATAPULSION once service has commenced. The Subscriber agrees to all SAA and User Agreements by using our service.

1. CATAPULSION will exercise no control whatsoever over the content of any information passing through it. CATAPULSION takes no responsibility for the content available to this service on the Internet. Content filtering and good judgment are the duty of the Subscriber.
2. Stated bandwidth rates apply only from customer-premise-to-CATAPULSION-network. End-to-end bandwidth of the Internet is explicitly not guaranteed.
3. Subscriber will use CATAPULSION services only for lawful purposes. Any transmission or re-transmission of material in violation of any Federal or State laws and/or regulations is expressly prohibited. CATAPULSION will disclose information as necessary to satisfy any law, regulation or other governmental request.
4. Subscriber (as an individual, and/or officer or agent of a company, and/or company) agree to indemnify and to hold harmless CATAPULSION from ANY and ALL claims resulting from the use of the service which causes damage to Subscriber or any other party. CATAPULSION shall not be liable, either in contract or in tort, or for protection from unauthorized access of its customer's transmission facilities or customer-owned equipment on premises, or for unauthorized access to, alteration, theft or destruction of a customer's data files, programs, or information through accident, fraudulent means or devices, or any other method, even should such access occur as a result of CATAPULSION's negligence. CATAPULSION shall not be in any way responsible for claims or damages caused by a customer, through fault, negligence or failure to perform customer's responsibilities, claims against a customer by any other party; any act or omission of any party furnishing services and/or products; or for the installation and/or removal of any and all equipment supplied by any service provider or CATAPULSION.
5. CATAPULSION will not be responsible for any damages Subscriber or your business suffers. CATAPULSION makes NO WARRANTEES OF ANY KIND, EXPRESSED OR IMPLIED, for services rendered. CATAPULSION also DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by CATAPULSION and its employees by its own negligence or Subscriber errors or omissions.
6. Payment: Installation fees and first month's service charges are required to be paid at the time Subscriber services are installed. The installation fee is for the time and labor associated with installing the premises units. Catapulsion retains full ownership of its premises units throughout this agreement. These fees and charges are non-refundable. Invoices for subsequent months are for internet services and are billed 30 days in advance. Non-payment may result in service disruption. The Subscriber agrees to pay all sales and use taxes, as well as duties or levies on products and services associated with the service.
7. Cancellation: CATAPULSION may cancel and/or terminate service at any time and with no notice to Subscriber, the customer, for any reason. Subscribers whose service has been terminated by CATAPULSION will receive a pro-rated refund for prepaid services not utilized due to termination. Subscriber acknowledges and agrees to allow CATAPULSION onto their property to retrieve the CATAPULSION owned equipment upon cancellation.
8. To terminate month-to-month service, a company or Subscriber must provide CATAPULSION with 30 days written notice. No termination charges will be applied to Subscribers upgrading to a higher level of service.
9. Subscriber shall provide all necessary preparations required to comply with CATAPULSION's installation, maintenance and operational specifications. Subscriber will provide reasonable access to your premises to perform any acts required by this agreement. Subscriber also understands that it is in their best interest to perform a system backup prior to installation.
10. Physical Equipment and/or Software products that are NOT provided by CATAPULSION are the sole responsibility of the Subscriber or company or both as the limits of the law allows for. Should CATAPULSION agree, in writing, to troubleshoot or service non-CATAPULSION-provided equipment, including but not limited to computers, networking equipment or physical wiring, Subscriber agrees to pay an hourly rate to troubleshoot or service non-CATAPULSION-supplied products. CATAPULSION reserves the right to change its rates and otherwise modify these Terms and Conditions. These Terms and Conditions hereby supersede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of ANY and ALL orders submitted.
11. In order to prevent usage that may impact other customers, CATAPULSION may, at its discretion, include a limitation on the amount of upstream data throughput, defined as the data in Kilobytes uploaded by the subscriber to the CATAPULSION network. The limitation may be implemented when throughput exceeds 1.0 Gigabytes in any 30 day period. In the event that CATAPULSION elects to implement this limitation CATAPULSION may, at its discretion, either: provide Subscriber an option to purchase additional throughput; reduce the transmission speed for Service for up to 30 days; or suspend Service until the beginning of the next month.
12. Subscriber agrees not to reutilize CATAPULSION-owned premise equipment with other competitive suppliers of said services, regardless of account status. In the event that Subscriber terminates service, CATAPULSION reserves the right to retrieve CATAPULSION owned equipment and Subscriber agrees to allow physical access to premise to perform de-installation of said equipment.
13. Subscriber is prohibited from tampering, altering, damaging, adjusting, or modifying in any way the Catapulsion equipment installed on Subscriber’s premises. Subscriber agrees to notify Catapulsion immediately of any suspected failure of Catapulsion’s equipment. Failure to adhere to this provision can result in immediate termination of this Agreement and possible monetary charges being assessed to Subscriber for any damages associated with Subscriber’s tampering with said equipment. Subscriber agrees to pay all monetary charges incurred by Catapulsion for the repair and/or replacement of any Catapulsion owned equipment damaged by Subscriber’s tampering.
14. Upon termination of this Agreement by either party, Catapulsion agrees to remove said Catapulsion owned equipment from Subscriber’s premises. Subscriber further agrees to allow Catapulsion access to Subscriber’s premises for the removal of said Catapulsion owned equipment upon termination of this Agreement.
15. As a CATAPULSION customer, Subscriber may not sell, assign or transfer service or any Catapulsion owned equipment to a third party without express written authorization from CATAPULSION. This includes but is not limited to, Catapulsion owned equipment, the sharing of wireless Internet services, hardware or software provided by CATAPULSION.
16. As a CATAPULSION customer, Subscriber may not engage in any activity related to SPAM email. SPAM email is defined as the promotional mailing of content to third parties that have not specifically requested in writing to receive said emails.
17. Severability. If any provision of this Agreement is not valid according to the law, all other provisions will remain in force. If any provision is stricken, both parties agree to negotiate a mutually acceptable substitute provision. Waiver. CATAPULSION's failure to insist upon Subscriber complying with any term or provision of this Agreement or it's waiver of any default shall not be construed as waiving any such term or provision and shall not preclude CATAPULSION from taking action regarding any subsequent default.
18. Governing Laws. The internal laws of the State of Utah shall govern this agreement.
19. THESE TERMS AND CONDITIONS CANNOT BE MODIFIED EXCEPT BY WRITTEN AMENDMENT BY THE PARTIES. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF CATAPULSION HAS THE AUTHORITY TO BIND THE PARTIES TO ANY RESPRESENTATION OR WARRANTY UNLESS SUCH IS SPECIFICALLY INCLUDED IN THESE TERMS AND CONDITIONS, THE CATAPULSION INTERNET SERVICE ORDER FORM OR WITH A WRITTEN AMENDMENT THERETO. NOTICE TO PARTIES OF DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE SENT BY REGISTERED MAIL TO THE PARTIES AT THE ADDRESS SHOWN ON THE MOST RECENT SERVICE ORDER. THE LAWS OF THE STATE OF UTAH GOVERN THIS AGREEMENT.




Effective Date: 9-30-2002
Last Modified January 25, 2005