Broadband Subscriber Agreement

                                                                                      (Revision 13 March 2023)

YOUR USE OF THE SERVICE SHALL CONSTITUTE AN ACCEPTANCE OF THE TERMS BELOW. IF YOU DO NOT

ACCEPT THE TERMS AND CONDITIONS DO NOT USE TNT WIFI SERVICE.

Introduction

This TNT WiFi, LLC Broadband Subscriber Agreement (the “Agreement”) sets forth the terms and conditions

under which TNT WiFi, LLC (“TNT WiFi) agrees to provide high speed internet service (hereinafter the “Service”) to you. By completing the registration and using the Service, you (i) agree to abide by, and require others using the Service via your account to abide by, the terms of this Agreement, and (ii) represent and warrant that you are at least 18 years of age. If you do not agree with the foregoing, you may not use the Service and must return the installation software, and all associated materials to TNT WiFi. This Agreement takes effect on the date on which you first use our Service and/or make your next payment and continues until you have permitted us to retrieve our Service equipment from your premises.

TNT WiFi reserves the right to modify the terms of this Agreement or prices for the Service and may discontinue or revise any or all other aspects of the Service or this Agreement in its sole discretion at any time by posting changes online. Your continued use of the Service after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any software or related materials provided by TNT WiFi. This Agreement should be read in conjunction with our Acceptable Use Policy, (“AUP”), Online Privacy Policy, and other applicable policies, the terms of all of which are incorporated herein by reference.

1. Your Subscription

Your subscription entitles you to use the Service. Your subscription is personal to you, and you agree not to

assign, transfer, resell or sublicense your rights as a subscriber. You agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from your use of the Service or by another using your computer. You agree to contact TNT WiFi immediately upon the occurrence of any change in the status of your account) e.g., change in individuals authorized to use your account) for the purpose of updating your account information.

2. Payment terms 

You agree to be responsible for any and all charges, damages, and costs that you or anyone using your TNT WiFi account incurs. You agree to pay all monthly fees and installation charges including, but not limited to,

applicable, taxes, tariffs, customers service fees, and late fees. Monthly fees will be billed one month in advance. If payment is not received by the due date, late fees and/or collection charges may be assessed and the Service may be terminated. Emailed invoices are provided free of charge. Printed and mailed invoices will incur an additional $3.00 monthly charge. TNT does not offer Bank Draft (ACH) payments. Check returns will be charged a $50.00 return fee. If the monthly invoice is not paid by the due date on the invoice, the account will be charged a $10.00 Late Fee. If the account remains unpaid after the late fee has been assessed, the service is subject to suspension for non-payment at any time. The service will remain suspended until the past due invoice is paid in full. A $25.00 Re-connection Fee will apply once the service is reactivated. If the account is not paid in full within two weeks after Suspension, TNT WiFi will schedule the Equipment to be retrieved from your premises. Any TNT WiFi-owned

Equipment retained by you after termination of Service will be charged to you if you neglect or refuse to allow TNT WiFi personnel to come to your premises to retrieve the TNT WiFi Equipment. (See paragraph 5 below)

3. Equipment Requirements

The router provided to you at time of install is the customers responsibility. TNT WiFi will manage and perform any software updates that are needed. If the router or POE is damaged in anyway, it is the responsibility of the customer to pay for a replacement. TNT WiFi will install the new equipment for a fee. You may purchase a different router than the one we provide as long as it is compliant with TNT WiFi’s wireless network from any third party retail store. TNT WiFi reserves the right to provide Service only to users with TNT WiFi-approved compliant routers. You will not remove any TNT WiFi-owned equipment (the “Equipment”) from your premises or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected by the TNT WiFi installer. TNT WiFi may relocate the Equipment for you within the Premises at your request for an additional charge. If you relocate to a new premises address, this Agreement shall automatically terminate and you will be required to enter into a new Agreement and may be charged a new installation fee to initiate Service. You may not alter, modify, or tamper with the Equipment or the Service, or permit any other person to do the same.

4. Installation

You authorize TNT WiFi personnel and/or its agents to enter your premises at mutually agreed upon times in order to install, maintain, inspect, and repair TNT WiFi-owned Equipment on your premises. If you are not the owner of the premises upon which the Service is to be installed, you represent and warrant that you have obtained the consent of the owner of the premises for TNT WiFi personnel and/or its agents to enter the premises for the purposes described above. You shall indemnify and hold TNT WiFi harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.

TNT WiFi will install TNT WiFi-owned Equipment in a prompt and workmanlike manner using the necessary tools and materials. Some installations may require special devices such as install metal poles or towers on your property, to elevate or specially position antennas or other equipment to ensure optimum telecommunication signals with towers. TNT WiFi shall have no responsibility for the maintenance of your poles, wiring or towers or any damage that may arise by falling equipment (i.e poles, towers, etc).

5. Retrieval of TNT WiFi-owned Equipment after Termination of Service

You agree to accommodate the scheduling of an appointment at your premises to allow TNT WiFi personnel to retrieve TNT WiFi-owned Equipment promptly after termination of Service, and to allow TNT WiFi personnel access to your premises to remove TNT WiFi-owned Equipment after termination of Service. If you are not at home at the time of the service call, you may authorize any other adult resident (18 years or older) or guest at your residence to grant TNT WiFi access to your premises. You also agree to that TNT WiFi-owned equipment so retrieved shall be in good working order condition except for ordinary wear and tear resulting from proper use.  If you do not allow or accommodate the scheduling of an appointment at your premises for TNT WiFi personnel to retrieve TNT WiFi-owned Equipment, or if such Equipment is not present or in good working order (“Unreturned Equipment”), the damages TNT WiFi will incur will be difficult to ascertain. Therefore, you agree to pay, and TNT WiFi may charge your account a liquidated damages amount equal to the then current replacement cost of such equipment. TNT WiFi is not liable for outages directly or indirectly caused by circumstances beyond and sometimes within our control. This includes phenomena such as natural disasters, storm damage and a myriad of others. TNT WiFi is also a prepaid service. As with any prepaid service, there are no refunds. Unlike postpaid, where you can be prorated for service, prepaid is paying for expected service in advance and all sales are final. Pre-paid service is non refundable, and no refunds or other compensation will be given. The terms of this paragraph shall survive the termination or expiration of this Agreement.

6. Internet Speeds and Signal Latency

Package speeds are measured to the edge of TNT WiFi’s network. TNT WiFi will use reasonable efforts in

accordance with industry standards and practices to provide you the download and upload speeds, and shortest signal latency, applicable to your Service rate plan but TNT WiFi does not guarantee upload speeds (unless on a dedicated service) and latency, and you hereby acknowledge, that such speeds or signal latency may not be achieved at all times. Internet connection speeds and signal latency are, by their nature, affected by many factors outside of the control of TNT WiFi including customer’s location, websites accessed, internet congestion, physical obstructions, customer’s personal equipment and weather.

7. Fees for Service Calls to Your Premises

TNT WiFi reserves the right to impose a reasonable charge for service calls to your premises to repair, upgrade, or replace damaged or non-functioning TNT WiFi-owned Equipment, or to repair upgrade, replace or configure your user-provided equipment in order to restore or improve Service at your premises. In addition, if yo miss a  scheduled service call appointment you agree that TNT WiFi may charge a $50.00 Reschedule Fee. This will need to be paid before we reschedule the missed appointment. TNT WiFi offers a service call coverage monthly fee to its customers whereby you may avoid one-time service call fees to restore or improve service at your premises. Any additional equipment replacements or upgrades are not covered under the service call coverage.

8. Acceptable Use Policy

You agree to use the Services strictly in accordance with the Acceptable Use Policy which may be modified by TNT WiFi from time to time, and which is incorporated herein by reference and made a part of this Agreement.

9. Termination and Surviving Obligations

In the event of termination by you, you must notify TNT WiFi by calling the office at (417-934-6172 or by

electronic written submission by sending an email to tiff@tntwifi.us. Include your name and a current phone number in the correspondence. In the event of termination by TNT WiFi, TNT WiFi may notify you of such termination by electronic or other means. In those cases, you agree and understand that there will be no refund for unused Service.

10. Disclaimer of Warranties, Remedies Against TNT WiFi, and Limitation of Liability

You expressly agree that TNT WiFi is not responsible or liable for any content, act, or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another’s rights including, without limitation privacy and intellectual property rights, and you hereby release TNT WiFi for nay such claims based on the activities of third parties. THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER TNT WIFI, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE UNINTERRUPTED OR ERROR FREE. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITAY ARE HEREBY EXCLUDED AND DISCLAIMED. IN ANY EVENT, TNT WIFI’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OR DAMAGES RELATING TO THE USE OF THE SERVICE, OR IN ANY WAY ARISING OUT OF THE FORMATION, PERFORMANCE, OR TERMINATION/EXPIRATION OF THIS AGREEMENT. YOU HEREBY RELEASE TNT WIFI FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. TNT WIFI IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. IF TNT WIFI IS HERBY NOTIFIED OF ANY INFRIGMINENT RIGHTS, YOUR SERVICE WILL BE TERMINATED IMMEDIATLEY. Your sould and exclusive remedies under this Agreement are as expressly

set forth herein. The terms of this paragraph shall survive the termination or expiration of this Agreement.

11. Indemnification

You agree to indemnify and hold TNT WiFi, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys’ fees, asserted by TNT WiFi or any third party due to or arising out of your use of or conduct on the Service. TNT WiFi will notify you within a reasonable period of time of any third party claim for which TNT WiFi seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to TNT WiFi’s interests, as reasonably determined by TNT WiFi. The terms of this paragraph shall survive the termination or expiration of this Agreement.

12. Damage to and Encumbrances on TNT WiFi-owned Equipment

All TNT WiFi-owned Equipment will at all times remain the sole and exclusive property of TNT WiFi. This includes the customers antenna, the router is customer’s responsibility. You may not sell, transfer, lease, encumber or assign all or part of such Equipment to any tird party. You agree to pay the full retail cost for the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned TNT WiFi-owned Equipment or part thereof, together with any costs incurred by TNT WiFi in obtaining or attempting to obtain possession of any such Equipment, and hereby authorize TNT WiFi to charge your Visa, Master Card, other credit or debit card or other payment method authorized by you for such purpose, and for outstanding charges for Service. The terms of this paragraph shall survive the termination or expiration of this Agreement.

13. Miscellaneous

This Agreement constitutes the entire agreement and understanding between the parties with respect to its

subject matter and supersedes and replaces any and all prior written or oral agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in

accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the

remainder of its provisions shall remain in full force and effect. Nothing contains in this Agreement shall be

construed to limit TNT WiFi’s rights and remedies available at law or in equity. TNT WiFi’s failure to insist upon or enforce strict performance of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by you. Tbhis Agreement is freely assignable by TNT WiFi to third parties.

14. How to Contact Us

For any questions regarding this Subscriber Agreement, billing or other, please contact TNT WiFi at one of the following:

Billing Inquiries & Customer Service Email: tiff@tntwifi.us

Phone: 417-934-6172

Text Line: 417-895-9134

U.S. Mail: TNT WiFi

8223 US 60

Mountain View, MO 65548

15. How TNT WiFi May Contact You

You hereby authorize TT WiFi to contact you for any matter related to the formations, performance, or

termination/expiration of this Agreement via (i) US mails or private courier service; (ii) your email address

provided to TNT WiFi at the time of installation or as seasonably updated by you from time-to-time; (iii) your land line or mobile phone, including calling, voice message, or text message using the telephone number(s) provided to TNT WiFi at the time or installation or as seasonably updated by you from time-to-time; or, (iv) face-to-face visits to your premises.