TERMS OF SERVICE

Binding Agreement

Please read these Terms of Service (terms) carefully. These terms are a contract between you and Pinnacle Network Solutions, LLC (“Pinnacle”). The terms cover important information about a l l Pinnacle services and equipment, regardless of whether the services are intended to provide wireless internet access on the Pinnacle-branded network or another branded (“Future-branded”) network for which Pinnacle may elect, at any time, to offer services and/or equipment.

Unless otherwise stated, these Terms apply to all Pinnaclebranded and Future-branded wireless internet access services, including voice or other related services, and any Pinnaclesupplied equipment (regardless how branded) you use, purchase or lease in connection with the services, including your modem (“Equipment”). These Terms include provisions governing late payments, limitations of liability, privacy, and resolution of disputes by arbitration instead of in court.

You accept and agree to comply with, and be bound by, these Terms when you (a)sign or otherwise acknowledge that you accept on paper, use of Pinnacle’s service or equipment; or start any program that says you are accepting these Terms when doing so, whichever comes first.

Pinnacle’s Right to Change Terms and Your Related Rights

Pinnacle Can Change Any Of The Terms (Including Any Documents Incorporated Within The Terms) At Any Time. Pinnacle Will Provide You Notice Of Any Material Changes Through Your Invoice Or By Email To The Most Recent E-Mail Address Associated With Your Pinnacle Account.

Availability of Service

Pinnacle Service May Not Be Available At Any Or All Times In All Areas. Even Within Coverage Areas, And For A Variety Of Reasons That May Be Beyond Pinnacle’s Reasonable Control, Service Availability, Quality, Signal Strength, And Network Speeds May Vary, Be Lower Than Advertised, Or Be Insufficient For Your Desired Use. At The Time You Purchase Pinnacle Service, We Agree To Check Signal Strength To Determine Quality Of Service At Inception. Pinnacle, From Time To Time, Will Conduct Maintenance On Our Network To Ensure Quality Service. This May Temporarily Disrupt Internet Access But Short Durations Of Downtime Can Be Expected.

Network Management

Pinnacle Reserves The Right To Engage In Reasonable Network Management To Protect The Overall Integrity Of Its Network, Including Detecting Malicious Traffic Patterns And Attempting To Prevent The Distribution Of Viruses Or Other Malicious Code, And Through Techniques Such As Reducing The Aggregate Bandwidth Available To Excessive Bandwidth Users During Periods Of Congestion. The Determination Of What Constitutes Excessive Use Will Be Determined Solely By Pinnacle Network Solutions.

Service Term

Service Subscribers Can Opt To Purchase Pinnacle On A Month-Tomonth Basis Or Enter Into A Contract Obligation Of One Year. You Will Be Able To Use The Service For Any Consecutive Monthly Period That Has Been Paid In Advance. Due Date For Service Determined In Accordance With The Date Associated With The Original Transaction For Service.

Cancellation

You May Cancel At Any Time By Contact Ing Pinnacle At 940-247-0085 And Telling Pinnacle To Deactivate. After Cancelling, Pinnacle Will No Longer Charge Any Recurring Monthly Rates. However, You Are Responsible For All Charges For Services And Equipment Leasing Incurred Prior To The Date Of Deactivation Of Your Cancelled Service. If You Deactivate Before The End Of A Billing Period, Pinnacle Will Not Prorate Charges For That Billing Period Or Issue A Credit For Any Portion Of That Billing Period.

Early Termination Fees

Pinnacle Service Customers Are Not Subject To Any Early Termination Fees Associated With Month-To-Month Agreements. However, Service Contracts Of 1 Year In Duration Are Subject To An Early Termination Fee Of $200.00 That Reduces By $50.00 Every 3 Months Until End Of The Contract Period.

Service Trial Period , Return Policy, Restocking Fee, and Equipment Non-Return Fee

You may cancel Pinnacle within seven (7) days of initially signing up for service (the “Return Period”). All associated charges for service will be fully refunded with exception of any installation fees. To cancel Service you must notify Pinnacle within the above specified time at 940-247-0085. I addition, you are obligated to schedule a time to allow authorized installer to deinstall and retrieve Pinnacle Equipment. If you fail to return any or all leased Equipment with thirty (30) days of cancellation request, you will be additionally responsible for the payment to Pinnacle of an “Equipment Non-Return Fee” in an amount equal to the replacement value of Equipment ($450.00). Pinnacle will be entitled to automatically charge the amount of the Equipment Non-Return Fee to your “card” bank account, or other method of payment that you provided to Pinnacle for any purpose. The Equipment Non-Return Fee does not apply to any purchased Equipment.

How You Will Be Billed

You Will Pay Pinnacle For Service And Equipment Using Your Credit Card, Debit, Or Other Acceptable Bank Card Or Automated Clearing House (ACH). If Your Card Information Or Card Status Is Not Valid And Up To Date, Your Account Balance Will Not Be Paid On Time And Pinnacle May Suspend Or Terminate The Service For Cause And/Or Charge You Late Charges Or Re-Activation Fees. The Initial Sign-Up W I L L Include F I R S T Month’s Service, Installation Fee When Applicable, Modem Lease When Applicable, And Associated Taxes. After The Initial Month Of Service, Pinnacle Will Invoice You, On A Monthly Basis, For Service, Modem Lease When Applicable, And Associated Taxes/Fees. Monthly Charges Will Be Automatically Charged To Your Card, As Specified On The Order Confirmation. As A Customer Of Pinnacle, You Agree That Pinnacle May Charge Your Card, (Credit, Debit, Or ACH) All Amounts Owed In Connection With Your Account, And You Further Agree To Pay In Full To Pinnacle All Outstanding Balances When Due.

Invoices

Pinnacle Discourages Paper Billing As A Process To Collect Payment For Service. However, Pinnacle Will Provide This Practice To Certain Service Subscribers Upon Request. A Monthly Handling Fee Of $5.00 Will Be Charged Each Month To Fulfill This Request.

Suspension/Termination for Non-payment

As A Customer Of Pinnacle You Agree To Pay Your Account In Full By Due Date Each Month. Failure To Do So Will Result In Suspension Or Termination Of Service. Additionally, Pinnacle May Also Terminate Your Service If Your Card Expires Or Your Bank Account Is Closed Or Suspended And You Have Not Provided Pinnacle With A Valid Replacement. In The Event Of Suspension Or Termination By Pinnacle, You Agree To Promptly Pay Pinnacle Any And All Outstanding Fees And All Associated Collection Costs And Fees, Including Reasonable Attorney’s Fees And Late Fees Incurred By Or Charged By Pinnacle. Pinnacle Can, But Not Required To, Reactivate Your Service If You Bring Your Account Current After Service Has Been Suspended Or Terminated. Before Service Can Be Reactivated, You Must Pay Pinnacle All Past Due Amounts, Late Payment Fees, All Applicable Taxes, Plus Any Reasonable Suspension/Termination Charge Per Account To Cover Pinnacle’s Administrative Cost Associated With The Suspension/Termination. In Addition, You May Be Required To Provide Pinnacle With A Deposit As A Condition To Reactivate Your Service. Currently, A $10.00 Fee Is Assessed To Any Service That Has Been Suspended.

Delinquency/Late Fees

All Delinquent Charges And Charges Not Honored By Your Card Issuer Or Bank Will Be Subject To A Late Fee Equal To 1.5% Or Five Dollars ($5.00) Per Month (Or Portion Of A Month), Whichever Is Greater.

Term of Leased Equipment

Equipment leased from Pinnacle is on a month-to-month basis unless otherwise stated within the service terms.

Return of Leased Equipment; Non-Return Fee

Equipment Leased From Pinnacle Must Be Returned Undamaged And In Good Working Order, Within Thirty (30) Days After Cancellation Process. You Are Responsible For Scheduling A Time With Pinnacle For An Authorized Installer To De-Install Leased Equipment. In The Event Equipment Is Not Returned Within Specified Time Indicated Above, You Authorize Pinnacle To Charge Such Amounts To Any Card, Bank Account, Or Other Method Of Payment You Provide, Or Previously Have Provided, To Pinnacle For Any Purpose. You May Not Revoke This Authorization To Charge Your Card Or Bank Account For Any Failure To Timely Return Leased Equipment, Undamaged And In Good Working Order, Even Of You Notify Us Of Your Intent To Cancel Your Service Or Otherwise Revoke Authorization To Charge Your Card, Bank Account, Or Other Method Of Payment For Other Purposes.

Repair or Replacement of Leased Equipment

Pinnacle May Replace, Repair, Upgrade, Or Otherwise Modify Any Leased Equipment, And Pinnacle Will Replace Any Properly Maintained Leased Equipment That Fails To Operate As Required For The Delivery Of Service.

Equipment tampering

You May Not Use The Service With Any Equipment That Has An Altered Electronic Serial Number Or Equipment Identifier Or Any Equipment That Has Undergone A Factory Reset, Without Seeking And Obtaining Pinnacle’s Express Advance Written Permission In Each Instance. In Addition, You May Not Use Any Serviced, Altered, Modified, Stolen, Or Tampered Equipment With The Service, And You May Not Permit Any Other Person To Do So (Unless Specifically Authorized In Advance By Pinnacle, In Writing).

Theft of service or Leased Equipment

If Your Equipment Is Lost Or Stolen, Or If You Become Aware At Any Time That The Service Has Been Stolen Or Fraudulently Used, It Is Very Important You Notify Pinnacle Immediately, So That Pinnacle Can Suspend Your Service In Order To Prevent Further Usage And Limit Your Liability. In This Case, You Must Contact Pinnacle By Phone At 940-247-0085 To Request A Suspension Of Your Service. Once You Notify Pinnacle, Pinnacle Will Suspend Your Service And You Will Not Be Responsible For Charges Incurred With The Lost Or Stolen Equipment During That Period Of Suspension.

Customer Support

Customer Service Is Available For Assistance At 940-247-0035 At No Charge To The Customer. If You Request A Service Call To Your Service Location And Pinnacle Determines That The Problem Is Your Responsibility, Then Pinnacle Reserves The Right To Charge You A Reasonable Fee For The Cost Of The Technician’s Service Call, And You Hereby Per-Authorize Pinnacle To Charge That Fee To Your Card Or Bank Account.

Disclaimers and Limitation of Liability

The Only Warranty Being Made About The Service And Equipment Is The Manufacturer’s Express Limited Warranty. Pinnacle Does Not Authorize Anyone To Make A Warranty Of Any Kind On Pinnacle’s Behalf, And You Should Not Rely On Such Statements. You Assume All Responsibility And Risk For Use Of The Service And The Equipment.

Indemnification

You Will Defend, Indemnify, And Hold Harmless The Pinnacle Parties From And Against Any And All Claims, Demands, Actions, Causes Of Action, Judgments, Liabilities, Damages, Losses, Injuries, Costs And Expenses Arising From The Use Or Misuse Of The Service Or Equipment By You Or Any Person You Allow To Use The Service Or Equipment. Further, Any Breach Of These Terms By You, Including, But Not Limited To, Claims By Any Owner Of The Primary Location Where You Use The Service. You Also Agree To Pay Each Pinnacle Party’s Reasonable Attorney’s Fees And Costs Related To Defending Such Claims And To Enforcing These Terms, Including Any And All Such Fees Incurred In Connection With Any Appeal.

Disputes

If You Have A Dispute About Your Invoice/Statement Purchase Receipt, Including Any Charge To Your Account Or Any Service For Which You Are Billed, You Agree To Notify Pinnacle Of The Dispute Within Thirty (30) Days After The Initial Posting. Such Written Notice Will Be Mailed To Pinnacle Network Solutions, LLC At: 4729 Jacksboro Highway Wichita Falls, Texas 76302. If You Fail To Provide Written Notice Of Your Dispute To Pinnacle At This Address Within This Time Period, Then You Agree That You Have Forever Waived Your Right To Dispute The Invoice, Charge Or Service, And That You Cannot Pursue Or Participate In Any Legal Or Equitable Action In Court, Arbitration, Mediation, Or Otherwise Regarding The Dispute As A Defense. Unless Otherwise Provided By Law, You Must Pay Disputed Charges Until The Dispute Is Resolved. If You Accept A Credit, Refund, Or Other Compensation Or Benefit That Pinnacle Offers To Resolve A Disputed Invoice, Charge Or Service, Then You Agree The Issue Is Resolved.