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Terms and Conditions

Terms and Conditions of Multi-Path Networks, Inc.

INSTALLATION: Multi-Path Networks, Inc. shall furnish all required materials, tools, equipment and labor necessary to install the "Equipment" , as deem necessary, in the premises designated by the Client except as follows:

Installation shall not include the installation of power poles, towers, or other structures that may be needed by client to obtain service. Power poles, towers, or other structures shall not be considered part of "Equipment" and will not be the responsibility of Multi-Path Networks, Inc.. If a structure such as a power pole, tower, or other is provided; it shall be provided "as-is". Client shall assume full responsibility for structure and Multi-Path Networks, Inc. shall not be held liable for maintenance of said structure nor any/all damages caused by structure during and/or after installation. In addition, Client shall be responsible for obtaining all permits, licenses, permission, or government fees in association with construction and/or use of said structure.

Client shall inspect all "Equipment" and any installation performed by Multi-Path Networks, Inc. or their designee and shall notify Multi-Path Networks, Inc. within twenty-four (24) hours of delivery of installation of the acceptance of, or any defect in the "Equipment" and installation. If no such notification is given, it shall be conclusively presumed that the equipment is in good condition and repair, that any installation has been properly performed and is complete and that the equipment has been accepted. Multi-Path Networks, Inc. agrees to make every effort to complete installation of the equipment on or before the requested date of installation of the "Equipment" set forth in this agreement, provided, however, that Multi-Path Networks, Inc. shall not be liable for any damages or losses whatsoever for completion beyond such date. Client agrees to provide reasonable notice to Multi-Path Networks, Inc. of any changes in the requested date of installation. Multi-Path Networks, Inc. shall in no event be responsible for any delay or failure of performance hereunder due to causes beyond its control or unforeseen circumstances, including, without limitation, fire, flood, lightning, or other acts of God, riot, strike or other labor disputes, explosion, bankruptcy, close of business, or war. Multi-Path Networks, Inc. shall not be responsible for any delay of the public telephone companies in providing any assistance or service necessary to the installation and proper functioning of the "Equipment." Client further agrees to release and hold Multi-Path Networks, Inc. blameless for any accidents or other damage done to clients' premises during or after installation of equipment.

CUSTOMER PREMISES: The Client shall provide at its expense on the date of delivery of the Equipment to the Client premises and at all times thereafter during the period of installation of the Equipment the following: (a) free access to the premises and facilities where the Equipment is to be installed to Multi-Path Networks, Inc. personal or their designee or agents at hours consistent with the requirements of the installation; (b) premises that meet all temperature, humidity, air conditioning and other environmental requirements set forth in the applicable Equipment specifications and that are dry, free from dust, and in such condition as not to be injurious to our personal or designee or agent; (c) necessary openings and ducts for cable and conductors in walls and floors; (d) electric current necessary for installation of Equipment; (e) dedicated electrical circuit for Equipment and suitable bonded earth ground where needed; and (f) computer communications connections for Equipment as specified by Multi-Path Networks, Inc.. The Client further agrees to obtain required consent of a third party having an interest in the premises in which the equipment is to be installed and Client covenants to assist Multi-Path Networks, Inc. in obtaining any required licenses, approvals, authorizations, or permits for such installation.

EQUIPMENT: Shall constitute any and all cables, antennas, radios, and wifi access points needed to maintain an internet connection with internet service provided by Multi-Path Networks, Inc. from tower or other access point to clients' residence for use by one computer. It does not include equipment used for personal wifi access by multiple computers. Client further agrees to have equipment supplied with the correct power (amount of electricity) and in continuous operation for the duration of said contract except power and /or equipment failures caused by fire, flood, lightning or other acts of God, riot, strike or other labor disputes, explosion or war or of any other cause beyond the control of said client. Client also agrees to not modify, reset, tamper, or attempt to "hack" software used/loaded on equipment. Any attempt or modification of the software will be viewed as a breach of the terms and conditions requiring full payment for equipment.

PURCHASE OPTONS: If Client chooses the purchase option to pay for Equipment in full at time of installation, the following shall apply: Upon execution of this agreement, Client shall pay Multi-Path Networks, Inc. the Total Installed price and Total Equipment price together with all applicable taxes as set forth in this agreement. If client agrees to lease "Equipment", all "Equipment" shall be considered as leased to client with lease payment being included in monthly internet service fee.

DEFERRED PAY OPTION: If the Client chooses the lease option, then the following shall apply: Upon execution of this agreement, the Client shall pay the monthly lease amount designated; starting from the installation date and ending when client ceases service with Multi-Path Networks, Inc. and account is in good standing. Multi-Path Networks, Inc. has estimated the Client's monthly lease payment based on current lease rates. The Client's actual lease payment may differ from said rate based on Client's financial strength and credit worthiness. Multi-Path Networks, Inc. agrees to assist the Client in finding a lease for the Equipment. Client agrees to execute a lease application and to provide Multi-Path Networks, Inc. or third-party Leaser with a current financial statement and/or such other credit information as may be requested by Multi-Path Networks, Inc. or third-party Leaser. Upon approval of lease by Multi-Path Networks, Inc. or third-party Leaser, Client agrees to execute agreement and lease. If at any point the Lease or Monthly Internet Service Fee is not paid in full for the last two consecutive months, Multi-Path Networks, Inc. reserves the right to take ownership of "Equipment" and shall have the authority to collect and/or remove all "Equipment" from client's premise. Early termination of contract shall be considered default of lease contract. "Equipment" shall remain the property of Multi-Path Networks, Inc. and must be returned promptly in good working order minus normal wear and tear, otherwise Client agrees to pay retail price of equipment at the time of installation.

WARRANTY OF EQUIPMENT: Multi-Path Networks, Inc. hereby warrants all of the Equipment to be free from defective parts and workmanship for a period of sixty (60) days from the date of installation unless otherwise specified. After sixty (60) days, warranty shall be executed by the Manufacture of Equipment per the Manufacture's terms of conditions at the discretion of the Manufacture. Multi-Path Networks, Inc. will, at its option, repair or replace without charge any Equipment which fails to operate as warranted during the warranty period of sixty (60) days. Any repair or replacement parts of equipment may be new or refurbished, at the option of Multi-Path Networks, Inc. If Multi-Path Networks, Inc. determines that the Client's Equipment cannot be repaired or replaced; Multi-Path Networks, Inc. will refund the total Installed price of the Equipment subject to warranty. Multi-Path Networks, Inc.'s obligation to repair, replace or refund as set forth above shall be the Client's exclusive remedy under this warranty. This warranty is expressly in lieu of any other warranty written or oral, statutory, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose and shall be Multi-Path Networks, Inc.'s sole liability for breach of its performance hereunder or any other claim under any theory or liability, whether the Equipment is purchased or leased. In no event shall Multi-Path Networks, Inc. or any Affiliate thereof have any liability to the Client or any third-party for any claim, loss, damage or expense caused or alleged to be caused directly, indirectly, incidentally or consequentially by the Equipment. By an inaccuracy thereof or deficiency or defect therein by any inability of the Client to use the Equipment either separately or in combination with any other equipment, by any incident whatsoever in connection therewith, by any force majeure condition or other cause beyond the control of Multi-Path Networks, Inc., arising to or arising out of this agreement. This limited warranties provided above do not cover damages, defects, malfunctions or Equipment failures caused by; (a) failure to follow Multi-Path Networks, Inc.'s installation, operation or maintenance instructions; (b) unauthorized movement, modification or alteration of the Equipment; (c) abuse, misuse or the negligent acts of persons not under control of Multi-Path Networks, Inc.; (d) fire, flood, lightning or other acts of God, riot, strike or other labor disputes, explosion or war or of any other cause beyond the control of Multi-Path Networks, Inc., Inc.

ASSIGNEMENT: The Client may not assign its rights or obligations under this Agreement without the prior written consent of Multi-Path Networks, Inc. Multi-Path Networks, Inc. may assign its rights or obligations under their Agreement in whole or in part as decided.

SUBCONTRACTING: Multi-Path Networks, Inc. may subcontract any and all of the work to be performed under this agreement but shall retain responsibility for the work so subcontracted.
TAXES : Prices and charges shown on the front of this Agreement may not include applicable taxes. Client agrees to pay all such taxes when upon receipt of the invoice.
RISK OF LOSS: The risk of loss, damage or destruction to or of the Equipment shall be borne by the Client to the extent such Equipment is either situated or installed in or upon the Client's premises.

MAINTENANCE OF EQUIPMENT:
a:) Direct Purchase: Multi-Path Networks, Inc. shall provide such service and repairs as is reasonably necessary to keep the Equipment operating and in good order for a period of sixty (60) days under the warranty provisions of this Agreement. The Client shall provide notice to Multi-Path Networks, Inc. of any defect or failure in the operation of the Equipment and Multi-Path Networks, Inc. shall respond to such notice within five to seven (5-7) business days of notification during regular business hours which are Monday thru Friday from 9AM 6PM CST. Multi-Path Networks, Inc. obligation to provide maintenance under this paragraph shall include labor and parts required to repair or replace the Equipment which has become defective, through normal wear and usage, but does not include additions to relocation or removal of the Equipment, or replacement or repairs of parts lost, stolen or damaged other than by causes arising out of normal wear and usage of the Equipment. Multi-Path Networks, Inc. shall in no event be responsible for any delay or failure of performance hereunder due to cause beyond its control or unforeseen circumstances, including, without limitation, fire, flood, lightning or other acts of God, riot, strike, or other labor disputes, explosion or war, etc. After sixty (60) days and/or for issues not covered under the warranty provisions of this Agreement, Multi-Path Networks, Inc. shall charge a labor fee and the cost of parts plus tax as required to repair or replace the Equipment which has become defective. In the event a service call is made to Client's premise after the sixty (60) day warranty period, and/or fault is not found to be with Multi-Path Networks, Inc., a travel fee of $50.00 shall be imposed and Invoiced to client's next monthly service invoice per incidence.
b.) Deferred pay option: If Client is under a perpetual lease agreement, Multi-Path Networks, Inc. shall provide such service and repairs as is reasonably necessary to keep the Equipment operating and in good order for as long as Client remains in good standing with Multi-Path Networks, Inc.. The Client shall provide notice to Multi-Path Networks, Inc. of any defect or failure in the operation of the Equipment and Multi-Path Networks, Inc. shall respond to such notice within five to seven (5-7) business days of notification during regular business hours which are Monday thru Friday from 8AM 5PM CST. In the event Client becomes default or terminates lease, Multi-Path Networks, inc. shall have no obligation to provide maintenance for Equipment. Multi-Path Networks, Inc. obligation to provide maintenance under this paragraph shall include labor and parts required to repair or replace the Equipment which has become defective, through normal wear and usage, but does not include additions to relocation or removal of the Equipment, or replacement or repairs of parts lost, stolen or damaged other than by causes arising out of normal wear and usage of the Equipment. Multi-Path Networks, Inc. shall in no event be responsible for any delay or failure of performance hereunder due to cause beyond its control or unforeseen circumstances, including, without limitation, fire, flood, lightning or other acts of God, riot, strike, or other labor disputes, explosion or war, etc. In the event a service call is made to Client's premise after the sixty (60) day warranty period, and/or fault is not found to be with Multi-Path Networks, Inc., a travel fee of $50.00 shall be imposed and billed to client's next monthly service invoice per incidence.

WING SERVICE PLANS:
All plans listed as "Wing" are one (1) year self renewing equipment leases and service contracts. The Client agrees to pre-pay for Internet access, Data Plans, and to pay using Paypal.com for payment. The Client agrees to pay the set monthly service fee for Internet access and for Multi-Path Networks, Inc. to be serving as Internet Service Provider as set forth in this Agreement. If at any point the client does not purchase a data plan within forty-five (45) days, termination of the contract will be assumed by Multi-Path Networks, Inc. and all termination fees shall apply. Service may be reconnected when account is brought back into good standing and a reconnect fee of $50 has been paid in full as set forth by Multi-Path Networks, Inc.

If Client terminates the monthly service agreement prior to the expiration of the contract term as agreed an early termination fee will apply. The fee shall be equal to the retail value of the equipment obtained at time of signing contract or installation of equipment unless the following conditions are met:

A.) Equipment and all accessories are returned in good working order within
Thirty (30) days of termination and;
B.) Noticed of termination is given thirty (30) days prior in writing to:
Multi-Path Networks, Inc. P.O. Box 1924 Clanton, AL 35046.

The monthly service of network access is subject to conditions under the control of Multi-Path Networks, Inc. Disconnected or limited access due to defects, malfunctions or Equipment failures caused by; (a) failure to follow Multi-Path Networks, Inc.'s installation, operation or maintenance instructions; (b) unauthorized movement, modification or alteration of the Equipment; (c) abuse, misuse or the negligent acts of persons not under control of Multi-Path Networks, Inc.; (d) fire, flood, lightning or other acts of God, riot, strike or other labor disputes, explosion, act of war, or of any other cause beyond the control of Multi-Path Networks, Inc. will not be deemed to be a breach of contract by Multi-Path Networks, Inc. and Client agrees to hold Multi-Path Networks, Inc. harmless in this matter. If monthly service is disrupted due to conditions outside of Multi-Path Networks, Inc. control; Client is still liable for monthly service fee as set forth by client's agreement subject to a 10 percent (10%) discount to be applied at the sole discretion of Multi-Path Networks, Inc.. The monthly service of network access is also subject to a limited number of devices per Client connecting at any one given time at the same time to Multi-Path Networks, Inc. network. If a Client wishes to connect in unison more than five (5) devices, client must create a new login/different user account and purchase a new service plan for the new account unless the account is setup as a business account.

ZULU ZONE SERVICE PLANS:
The Client agrees to pre-pay for Internet access, Data Plans, and to pay using Paypal.com for payment. Client also agrees Multi-Path Networks, Inc. will be serving as Internet Service Provider as set forth in this Agreement. Absolutely no refunds will be given after a client has successfully logged into and began using a Zulu Zone account. The pre-pay service is subject to conditions under the control of Multi-Path Networks, Inc. Disconnected or limited access due to defects, malfunctions or Equipment failures caused by; (a) failure to follow Multi-Path Networks, Inc.'s installation, operation or maintenance instructions; (b) unauthorized movement, modification or alteration of the Equipment; (c) abuse, misuse or the negligent acts of persons not under control of Multi-Path Networks, Inc.; (d) fire, flood, lightning or other acts of God, riot, strike or other labor disputes, explosion, act of war, or of any other cause beyond the control of Multi-Path Networks, Inc. will not be deemed to be a breach of contract by Multi-Path Networks, Inc. and Client agrees to hold Multi-Path Networks, Inc. harmless in this matter. If service is disrupted due to conditions outside of Multi-Path Networks, Inc. control; Client is not entitled to a refund or any other type of compensation. The Zulu Zone service is also subject to a limited number of devices per Client connecting at any one given time at the same time to Multi-Path Networks, Inc. network. If a Client wishes to connect in unison more than five (5) devices client must create a new login/different user account and purchase a new service plan for the new account.

CONVOY SERVICE PLANS: Reserved.

WARRANTY OF INTERNET SERVICE: Stated bandwidth/data transfer applies only to those connections provided as part of the Multi-Path Networks, Inc. service and network transport services. No guarantee of end-to-end bandwidth is made for circuits and connections outside of Multi-Path Networks, Inc.'s network. Client agrees to and understands that monthly service speed is considered "best effort" by Multi-Path Networks, Inc. An "Acceptable Use" Policy of normal usage patterns of bandwidth as deemed by Multi-Path Networks, Inc. shall be monitored and any Client outside the normal ranges may have service discontinued or limited usage at the discretion of Multi-Path Networks, Inc.. Use of the internet for online gaming, video streaming, or voice over ip is not guaranteed and therefore not recommended.

NETWORK MANAGEMENT PRACTICES: Multi-Path Networks, Inc. will monitor and maintain the network to the best of Multi-Path Networks, Inc.'s ability. We reserve the right to close any port known to be used by viruses, or other harmful activity detrimental to the effective use and security of our network and/or our client's computers.

FILTERING OF CONTENT:
Normal Service Plans: Multi-Path Networks, Inc. will not filter/block ports and/or content unless known to be used by viruses or if the open ports present a network security risk.
Kid Moderate Filtering: will block direct access to pornographic and other items deemed non-kid friendly at the discretion of Multi-Path Networks, Inc.
Kid Strict Filtering: will block access to all websites not expressly designed for kids use at the discretion of Multi-Path Networks, Inc.
Client further agrees to the filtering of content if one of the kid filtering services is purchased and agrees no filtering service is 100% secure and accurate. Multi-Path Network, Inc. will do its best to keep the requested content from reaching minors however, can not be held responsible for occasional misses or content bypasses by minors actively trying to circumvent filtering protocols.

CANCELLATION CITARGE: if all or portion of this order is canceled prior to the commencement of installation (or prior to the date of delivery for Client installed Equipment or software) a cancellation charge equal to 15 percent (15%) of the canceled order price (Installation Price and Equipment Price) shall be imposed for processing the Client order. Early termination of service will be assessed to Client and Multi-Path Networks, Inc. will collect all Equipment placed at time of installation.

SECURITY INTEREST: Multi-Path Networks, Inc. hereby retains title to the Equipment and reserves a security interest herein to secure the performance of Client's obligation hereunder, including without limitation, the payment in full by the Client of the Total Installed price plus applicable taxes. Either payment in full of Total Equipment price plus applicable taxes or Lease Agreement will be established by Multi-Path Networks, Inc. and Client. Client represents that no other security interests will attach to the Equipment (except that the Leaser) and hereby agrees not to mortgage, encumber, sell, or otherwise dispose of the Equipment before either payment in full of Total Equipment price plus applicable taxes or Lease Agreement paid in full. Equipment shall remain personal property notwithstanding that the Equipment or any part thereof may become affixed or attached to real property or any building thereon.

SOFTWARE: If he Client has purchased software with the Equipment, then the Client agrees to execute and to be bound by the software Sublicense Agreement hereto.
NOTICE: Any notice of or payment to party hereunder shall be emailed, mailed and postage prepaid, or hand delivered to the Client's email address or physical address for such parties set forth herein or such other address as either party may designate for such purpose by such notice to the other party and shall be deemed to have been received when delivered for three (3) days after emailed or being deposited in the mail, as the cause may be.
WAIVER: No failure by either party to insist upon the strict performance of any Agreement or condition of this Agreement or to exercise any right or remedy upon a breach hereof shall constitute a wavier of any such breach or of any other agreement or condition of this Agreement.

DEFAULT: Upon the occurrence of a default in the payment or performance of any other obligations or covenants by the Client, Multi-Path Networks, Inc. shall have all the rights and remedies of a secured party and vendor under the Uniform Commercial Code. These rights and remedies shall include, but not limited to, the right to take possession of the "Equipment" and for such purposes. Multi-Path Networks, Inc. may enter upon any premises on which said Equipment or any part thereof may be situated or installed and remove same there from. Client shall pay all costs, expenses, and attorney's fees incurred by Multi-Path Networks, Inc. in pursuing its rights and remedies and all obligations and liabilities of the Client shall bear interest at a rate of twenty percent (20%) per annum from the date of default. The above rights of Multi-Path Networks, Inc. are in addition to any other legal or equitable rights and remedies to which it shall be entitled.

DOMAIN REGISTRATION:
a.)The Client hereby authorizes Multi-Path Networks, Inc. to acquire the Clients' selected domain name from a third party registrar. In order to receive a domain name, the Client must agree to a third party registrar's terms and conditions as may be amended. The Client understands that the Client is creating a separate contractual relationship between their self and a third party registrar, and that they, and not Multi-Path Networks, Inc., are responsible for all fees, liability, and obligations in connection with that relationship. Until the Service is canceled or otherwise terminated, Multi-Path Networks, Inc. will pay on Their behalf the domain registration/renewal fees as part of the Service. The Client agrees that Their obligations to indemnify under "Indemnity" in these Terms includes any claim or demand associated with the Client's domain name, any domain name pre registration services provided through the Service, or a third party registrar terms and conditions.

(b) The Client will be listed as the registrant and administrative contact in connection with their domain name, unless they choose another registrant and administrative contact. If the Client chooses a registrant and administrative contact other than their self, such person(s) must enter into an agreement directly with the THIRD PARTY REGISTRAR and, additionally, will be bound by this Agreement in addition to the Client. The Client hereby authorizes Multi-Path Networks, Inc. to list Multi-Path Networks, Inc. as the billing contact, technical contact, and name server in connection with the Client's domain name and to take any actions Multi-Path Networks, Inc. deems appropriate in those capacities. However, upon termination of the Service, Multi-Path Networks, Inc. may immediately cease acting in those capacities and reserves the right to transfer the Client's account to the THIRD PARTY REGISTRAR for collection of past-due amounts. In the event of such transfer, the Client authorizes the THIRD PARTY REGISTRAR to serve as the billing contact, technical contact, and name server in connection with the domain name, and to take any actions the THIRD PARTY REGISTRAR deems appropriate in those capacities. Upon termination of the Service, Multi-Path Networks, Inc. will not be responsible for forwarding any notices, emails, or other correspondence to the Client or taking any other actions in connection with the client's domain name. The Client will be solely responsible for all ongoing fees, as well as removing Multi-Path Networks, Inc. as the billing, technical contact, and name servers in connection with their domain name, unless Multi-Path Networks, Inc. notifies the Client otherwise.

(c) The Client acknowledge that Multi-Path Networks, Inc. cannot guarantee the availability of the domain name selected for the client's use until Multi-Path Networks, Inc. receives confirmation of its order from THIRD PARTY REGISTRAR, which may take several business days.
ICANN POLICY: Registrant must comply with all ICANN and registry administrators' standards, policies, procedures and practices as notified to if from time to time by Registrar.
INACCURATE OR UNRELIABLE DATA: The Client hereby represents and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that the client will continue to keep all the information provided up to date. The Client's willful provision of inaccurate or unreliable information, the Client's willful failure promptly to update information provided to the registry administrator, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry administrator concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.

MODIFICATION BY ICANN: Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by any ICANN procedure, or by any registry administrator procedure approved by ICANN policy: to correct mistakes by a Registrar or the registry administrator in registering the domain name;
for the resolution of disputes concerning the domain name; or
in case of arbitration or court proceedings being commenced with respect to the rights to the domain name. In addition to the above rights, a third party registrar may suspend or cancel the registration of Registrant's domain name, or, suspend the delegation of Registrant's Domain Name, if as reasonably determined by a third party registrar or Multi-Path Networks, Inc. in their sole discretion, the Registrant or any other person uses the domain name in connection with any: activity that infringes the intellectual property rights or other rights of any third party; activity that defames or disparages any third party; or otherwise is illegal or a fraudulent activity, or otherwise in accordance with a third party registrar's Acceptable Use Policy.

PAYMENT FOR DOMAINS: The registration fee is payable with the Application.
Registration is not effective until the Registration fee has been paid and cleared.
The registration is for the full period of years selected and paid for at the time of Application or renewal. All fees are non-refundable Registrant agrees that failure to pay any fee for its domain name when due (as evidenced for example by, without limitation, Registrant's payment method company notifying the third party Registrant of disputing the payment of, or refusing to pay such Registration fee, or where the Registrant's credit card, Â PayPal payment, or check has been declined or reversed) will entitle the third party to immediately transfer the relevant domain name from the Registrant to the third party, at its sole discretion. Registrant acknowledges that the third party will own all rights of the registered domain name holder in respect of any domain name transferred to the third party under this clause, including the right to sell the domain name to another third party. The third party registrar may in its sole discretion re-transfer the relevant domain name to the Registrant subject to the Registrant's payment of any outstanding Registration fee, and Registrant's payment of the third party registrar's then current re-transfer fee.

SEVERABILITY: Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.

USE OF SERVICES: Multi-Path Networks, Inc. services are only to be used for lawful purposes. Multi-Path Networks, Inc. exercises no control whatsoever over the content of any information passed through it. Client agrees not to transmit, re-transmit, or store material in violation of any federal or state laws and/or regulations, including laws related to copyrighted materials or any material or communications protected as a trade secret. As a client of Multi-Path Networks, Inc. and a user of its services, client agrees to indemnify and to hold harmless Multi-Path Networks, Inc. from any and all claims resulting from any use of the services, which causes damage to customers or any other party. Multi-Path Networks, Inc. shall not be liable either in the contract or in tort, for protecting the customer from unauthorized access to its transmission facilities or customer owned equipment, or for unauthorized access or alteration, theft, or destruction of a customer's data files, programs, or information through accident, fraudulent means or devices, or any other method. Multi-Path Networks, Inc. shall not be in any way responsible for claims or damages caused by a customer through fault, negligence or failure to perform customer responsibilities, claims against a customer by any other party, any act of omission of any party furnishing services and or products, or the installation and or removal of any and all equipment supplies by any Service Provider (or by Multi-Path Networks, Inc.).

PROHIBITED USES: In addition to those matters set forth in the Multi-Path Networks, Inc. Policies, You shall not post, transmit, retransmit, or store material on or through any of the Services which, in the sole judgment of Multi-Path Networks, Inc. (i) is in violation of any local, state, federal, or foreign law or regulation, (ii) is threatening, obscene, indecent, defamatory, or that otherwise could adversely affect any individual, group, or entity (collectively, "Persons"), or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for Your use. You agree that you will NOT knowingly use the Service, among other things, to:

(a) upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including but not limited to a Multi-Path Networks, Inc. official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
(e) upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(g) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
(h) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
(l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(m) "stalk" or otherwise harass another;
(n) collect, transmit, or store personal or financial data about any individual or entity, other than in accordance with Section 9.3 herein;
(o) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating "Crush" sites;
(p) Use proxies or randomizers to hide and/or obscure your ip address.

You agree to indemnify and hold harmless Multi-Path Networks, Inc. from any claims resulting from the use of the Services which damages You or any other party. Multi-Path Networks, Inc. reserves the right to investigate You, Your business, and/or Your owners, officers, directors, managers, and other principals, Your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Multi-Path Networks, Inc.'s benefit, and not for Your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Multi-Path Networks, Inc.'s sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, or the Multi-Path Networks, Inc. Policies, Multi-Path Networks, Inc. may immediately shut down the site, and notify You of the action. You agree to waive any cause of action or claim You may have against Multi-Path Networks, Inc. for such action.

WEB PAGE AND/OR WEB AD: You hereby authorize Multi-Path Networks, Inc. to create, maintain, modify, or upload an ad with size determined by client signed agreement on the mymultipath.net website and/or any other website under control of Multi-Path Networks, Inc. Depending upon contract agreement, this may or may not include an individual web page advertising your business containing your business information, logo, and graphics. Individual web pages will not be allowed to operate "E-Commerce" services. Web pages redesigned to operate as a "E-Commerce" web page will be immediately shut-down and the service fee forfeited as breach of contract. Multi-Path Networks, Inc. reserves the right to maintain header and footer designs on the web page at the sole discretion of Multi-Path Networks, Inc.. Fully developed websites will be allowed to operate as an "E-Commerce" or "Online-Store" provided monetary collections abide by all applicable Federal and State laws. Multi-Path Networks, Inc. will assume no liability for "E-Commerce" or "Online-Store" sales and will not be held liable for any and all transactions conducted on such websites including income loss that may incur if website is unavailable to clients.

LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MULTI-PATH NETWORKS, INC. AND ITS AFFILIATES, COBRANDERS, OR OTHER PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS,SHALL NOT BE LIABLE,UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MULTI-PATH NETWORKS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICE OR THE SOFTWARE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (vi) ANY GOOD OR SERVICE OFFERED OR SOLD THROUGH THE SERVICE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE.
MULTI-PATH NETWORKS, INC.'S LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO MULTI-PATH NETWORKS, INC. OVER THE COURSE OF THE EXISTING TERM. YOU ACKNOWLEDGE THAT MULTI-PATH NETWORKS, INC. HAS SET ITS PRICES IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

AGREEMENT TO ARBITRATION: A) Disputes; Conciliation. The signed parties agree to give notice in writing of any claim or dispute arising out of or relating to the party or parties involved in the dispute, specifying the basis for the claim and the amount claimed or relief sought. During a period of not less than 90 days after the written notice is received, the parties shall attempt to resolve the dispute amicably through direct discussions, and, if appropriate, using the conciliation process. B) Binding Arbitration. If the claim or dispute is not resolved within 90 days, or after the conciliation process is complete, whichever is later, the parties agree to submit any remaining claim or dispute to binding arbitration in accordance with the Arbitration Rules, which are set forth in the United States Arbitration Act. The arbitration award shall be final and binding, and judgment thereon may be entered by any court of competent jurisdiction. Demand for arbitration shall be made within 1 year after the issue has arisen, but in no event after the date when the initiation of legal proceedings would have been barred by the applicable statute of limitations. The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings in any state or federal court of the United States and if needed, is agreed that court proceedings and hearings will be held in Chilton County in the City of Clanton, Alabama. The parties intend for the Arbitration Rules to apply to the maximum degree possible in any arbitration. C) Confidentiality. Once a notice of claim has been sent, any and all dispute resolution procedures, including conciliation and any binding arbitration shall remain confidential. No party involved in a claim or dispute submitted involving the dispute resolution or Arbitration Rules shall disclose to any other person not directly involved in the conciliation or arbitration process: 1,) the substance of, or basis for, any claim; 2) the content of any testimony or other evidence presented during the conciliation and arbitration process or obtained through discovery; or 3) the terms or amount of any conciliation or arbitration award.



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