By subscribing to or using Internet America's services, you agree to abide by the following agreements and policies:

• Acceptable Use Policy
• Abuse Policy
• Terms of Service Agreement
  - Network Neutrality Compliance Statement
• Privacy Policy
• Service Call Policy
• Billing Policy
• Trademark and Copyright Notice

Internet America reserves the right to terminate any account for violations of the above policies and to revise, amend or modify any of the above policies at any time and in any manner.

The information contained in this web site does not constitute an offer to sell or a solicitation of an offer to buy securities. The information contained in this web site does not constitute investment advice.

Links to third party web sites on this site are provided solely as a convenience to you. If you use these links, you will leave Internet America's web site. Internet America has not reviewed, does not control, does not endorse, and is not responsible for any of these sites or their content. If you decide to access any of the third party web sites linked to Internet America's web site, you do so entirely at your own risk.

If you have questions concerning your account, you may call our billing department at
(800) 232-4335 or send an email to billing@airmail.net.

Thank you for choosing Internet America to be your Internet service provider. We appreciate your business.

Acceptable Use Policy:

1. Say or do whatever you want in the appropriate forum. If you are not sure what's appropriate, ask.
2. Don't do anything that is illegal. If illegal content is reported as originating from our system, we will delete the file and report the action to the appropriate victims and/or law enforcement. If illegal content which originated from outside is reported on our system, we will delete the file from public access, archive the item for law enforcement, and report the action to the originating system's administrators.
3. Do not do anything to jeopardize the integrity of the Internet or Internet America's systems.
4. Follow the policies of the Internet's global community.
5. Review and abide by our Abuse Policy and Terms of Service Agreement.

This acceptable use policy applies to Customers ('Customers'). Customer is responsible for communicating this Acceptable Use Policy (AUP) to its users. Customers failing to properly communicate enforce or otherwise ignore the specific details and 'spirit' of this policy are subject to termination as a Customer as described in the Customer Agreement.

The Internet America account plans are designed for normal business activities as defined below. In order for Internet America users to continue to have access to unlimited services, certain usage patterns may be monitored to determine compliance with the acceptable use policy. Certain excessive uses of our FAX service, however, may be considered evidence of abuse or disallowed commercial or data usage and may result in termination of the service and/or assessment of a fee. Patterns other than that which are considered usual and normal, based on customer history or industry standards, may cause termination of service.

Customer account usage may be reviewed periodically at the discretion of Internet America. Customer use of the service plans that reflect patterns other than those that are considered usual and normal, based on industry standards or past history, may be considered abuse and result in termination of service without refund or the possibility of renewal.

Internet America reserves the right in its sole discretion to cancel service for violation of this policy or other terms and conditions of service at any time. By selecting Internet America service plans, the customer agrees to use the service in accordance with this Acceptable Use Policy and other terms and conditions of service and to indemnify and hold Internet America harmless from any claims resulting from use or misuse of its products and services.

Customers may not resell this service or access to this service in any way unless Customer agrees to comply with this acceptable use policy. Customers may not "lend" use of service to others.

Internet America reserves the right to discontinue service to any user for any reason not prohibited by law. Internet America will discontinue service of users whose usage is so excessive that it deteriorates the service quality and availability of resources for other users.

Furthermore, Internet America may, but is not obligated to, take any action it deems necessary to (1) protect its Network, its rights or the rights of its customers or third-parties, or (2) optimize or improve its Network, services, systems, and equipment.

Account holders acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block certain types of calls sent through the Network. Internet America may, in its sole discretion, at any time, filter 'spam' or prevent 'hacking,' 'viruses' or other potential harms without regard to any preference you may have communicated to us. You also agree to not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Furthermore, you agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. And you agree not use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another Customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services.

Revisions to this Acceptable Use Policy

Internet America reserves the right to revise, amend, or modify this AUP at any time and in any manner. Notice of any revision, amendment, or modification will be posted.

Internet America also reserves the right to change pricing, review your faxes or terminate or suspend your account without prior notice in the even of a policy violation.

Abuse Policy

Internet America is committed to serving its customers and preserving the integrity of the Internet by following widely accepted guidelines of Internet communication. Abusive practices are strictly prohibited on Internet America's network. We are available to assist you in any way possible should you need advice about proper use of Internet resources or should you become the target of abuse via the Internet.

Violation of the Abuse Policy may result in immediate account termination and forfeiture of any fees.

We deal with two different types of abuse:

1. Abuse ON the net
   Abuse ON the net refers to actions that would violate the laws, norms, customs or manners independent of the medium chosen to carry out the action. Acts which are considered abusive if carried out via paper mail, telephone, personal contact, fax, etc., fall into this category. Abuse ON the net is mainly concerned with the content and/or intent of communication. Examples include fraud, assault, harassment, stalking, forgery, obscene communication, child pornography, copyright infringement and unlawful distribution of intellectual property.
2. Abuse OF the net
   Abuse OF the net refers to actions which interfere with the normal functionality of the network. Examples include excessive multi posting or cross posting of USENET articles, unsolicited broadcast email ('spam' and 'velveeta'), mailbombing, denial of service or security related attacks. We also consider 'camping', or using an Internet America dial-up account for dedicated access, abuse of the net. Some of these activities may be actionable under criminal and civil statutes.

General Guidelines for all Abuse matters

Innocent Until Proven Guilty

Experience shows that a significant percentage of abuse reports are either erroneous or are intended to harm the alleged perpetrator. Administrative or disciplinary action will not be initiated without evidence which unambiguously identifies the account responsible for the alleged abuse.

Customer Privacy Is Paramount

Information about customers of Internet America will not be released, except to duly authorized officers of the state and federal courts or investigatory authorities who present the proper legal documents and except as otherwise set forth in this policy and in our Acceptable Use Policy. Information concerning accounts involved in alleged offenses will not be released to the complainant nor to the press. See our Privacy Policy.

Guidelines for Abuse ON the Net

In general, we do not review or monitor the contents of our customers' communications. However, when abusive content is brought to our attention, we will cooperate as necessary with law enforcement authorities within the appropriate legal boundaries and dispose of the matter in accordance with Internet America's policies and any additional constraints imposed by law. If illegal content is reported as originating from our system, we will delete the file and report the action to the appropriate victims and/or law enforcement. If illegal content which originated from outside is reported on our system, we will delete the file from public access, archive the item for law enforcement, and report the action to the originating system's administrators.

Guidelines for Abuse OF the Net

Internet America is a commercial enterprise. Our customers pay us for services rendered. To provide those services, Internet America establishes and maintains a significant investment in people, equipment and software. We are obligated to maintain our systems to meet the standards set by our customers, our investors and the global Internet community.

Excessive Use

Internet America reserves the right to immediately terminate, suspend, or modify the services of any user if it is determined that the user is using the service in an excessive manner. This includes but is not limited to excessive P2P file-sharing through BitTorrents, Kazaa, Direct Connect, or similar programs. Internet America reserves the right to vary the terms of 'excessive usage' at their sole discretion at any time, without prior notice.

Attacks

Accounts used to carry out attacks (mailbombs, network transport attacks, newsgroup flooding) will be closed immediately upon authorization by a designated member of the staff of Internet America. If compelling evidence suggests that the security of the account was compromised and that the attack was not carried out by the holder of the account then at the discretion of Internet America, the account may be reinstated with a different username/password.

Spam

A single, substantiated complaint of email broadcasting will result in the suspension of the account determined to be responsible for the email. At the discretion of Internet America, a customer's account may be reactivated following the customer contact and the customer's agreement to abide by our Abuse Policy. Upon any subsequent offense, the account will be permanently closed. In the event that a customer does not agree to abide by our Abuse Policy, the account will be permanently closed. Be aware that this also applies to accounts, such as web sites, advertised in spam. For example, if an Internet America customer's web site is advertised in spam, even though the customer did not send the spam, the customer has violated this Abuse Policy and will be contacted and/or the account closed as set forth above.

In ANY event of abuse, Internet America reserves the right in its sole discretion to immediately terminate the account. Accounts terminated for abuse issues are not eligible for refunds. Moreover, accounts associated with abuse will be responsible for paying Internet America's costs and expenses of identifying, terminating and correcting such abuse.

Reporting Abuse

To report any instance of abuse, contact: abuse@airmail.net

If you are receiving unsolicited email, you may redirect the mail, along with all headers to. We will contact the provider of the sender's account. You may also contact that provider by sending email to:

postmaster@providers.name (insert provider domain)

Example: postmaster@airmail.net

Terms of Service Agreement

Read these Terms of Service carefully before using our Internet services ('Services'). By subscribing to or using our Services, you agree to abide by these Terms of Service as well as our Acceptable Use Policy, Abuse Policy and Billing Policy. You may obtain a hard copy of these policies by calling the Internet America sales office at (800) 232-4335.

Violation of any of our policies may result in immediate account termination and forfeiture of any fees.

These Terms and Conditions are incorporated by reference into the accompanying Service Order executed by the Subscriber.

Network Neutrality Compliance Statement

Internet America, Inc. is fully committed to the principles supporting network neutrality set forth in the FCC’s Internet Policy Statement (FCC 05-151) :

• To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to access the lawful Internet content of their choice.
• To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement.
• To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to connect their choice of legal devices that do not harm the network.
• To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to competition among network providers, application and service providers, and content providers.

Internet America is further committed to the Nondiscrimination and Interconnection Obligations set forth in the Department of Agriculture's Broadband Initiatives Program (BIP) and The Department of Commerce's Broadband Technology Opportunities Program (BTOP) guidelines. To this end, Internet America will:

• Not favor any lawful Internet applications and content over others.
• Display our network management policies in a prominent location at our web site and provide notice to customers of changes to these policies.
• Connect to the public Internet directly or indirectly to insure that our network is not an entirely private closed network.
• Offer interconnection, where technically feasible, without exceeding current or reasonably anticipated capacity limitations, for reasonable rates and terms to be negotiated with requesting parties.
• Disclose proposed interconnection, nondiscrimination, and network management practices.

Internet America intends and is fully prepared to negotiate in good faith with all parties making a bona fide interconnection request. Such negotiations may include, but not be limited to, business arrangements, capacity limits, financial terms, and technical conditions for interconnection. If Internet America and the requesting party cannot reach agreement, they may voluntarily seek an interpretation by the FCC of any FCC rules in dispute. If an agreement cannot be reached within 90 days, the party requesting interconnection may notify the Department of Agriculture's Rural Utilities Service (RUS) or The Department of Commerce's National Telecommunications Information Administration (NTIA) in writing of the failure to reach satisfactory terms with the Internet America.

Service

Internet America (IA) shall provide Subscriber a wireless connection(s) to the Internet from IA’s closest Point of Presence (the “Service”).

Term of Service

The Service will be provided for an initial term of one year (the “Initial Term”) and will continue on a month-to-month basis thereafter, unless or until terminated.  After the Initial Term, either Subscriber or IA may terminate Service upon thirty (30) days written notice. The Initial Term begins on the day the Service is successfully installed at Subscriber’s location indicated on the Service Order (the “Installation Date”). If IA cannot successfully install the Service, this contract is terminated.

Fees

Subscriber shall pay IA the monthly fee for Service indicated on the Service Order during the Initial Term, plus a one-time installation fee which shall be due upon Subscriber’s execution thereof. After the Initial Term, Subscriber will pay IA’s prevailing fees for Service or may cancel without penalty upon thirty (30) days written notice to IA. In addition to the Fees, Subscriber will be billed for all applicable Federal, State, County and Local taxes, surcharges, fees and Universal Service Fee contributions, any of which may change from time-to-time, due on the Service. Fees for Service will begin on the Installation Date and, thereafter, are due and payable in advance of each Service period. All Fees are payable in U.S. dollars only.

Early Termination Fee

If Subscriber terminates after the Installation Date, but before the end of the Initial Term or if IA terminates Subscriber’s Service due to Subscriber’s default, Subscriber agrees to pay IA a Two Hundred Dollar ($200.00) early termination fee in addition to all other amounts owing.

Equipment

IA shall provide certain Customer Premise Equipment (CPE) which is required to receive the Service. IA shall maintain ownership of such equipment. Subscriber shall return such equipment, in good working order, to IA at the termination of service within fourteen (14) days of the date of termination to address below or will be charged a fifty dollar ($50) “Recovery Fee”. Subscriber shall grant unrestricted access to IA (or an independent agent) to the premises for the purposes of recovering said CPE. If Subscriber fails to return the equipment within the time period and IA is unable to recover the CPE, Subscriber agrees to pay IA a Two Hundred and Fifty Dollar ($250.00) lost equipment fee.

Billing and Payment

IA will provide Subscriber a monthly invoice in an electronic e-mail format to the email address specified on the account.  Monthly bill cycle begins on the same date of the completed installation. Subscriber has authorized payment by credit card (Visa, MasterCard, American Express or Discover) or by any other electronic drafting/payment method; no additional notice or consent will be required for billings to that credit card or account.

Late Payments/Disputes

Subscriber agrees to pay IA a late payment fee of $5.00 on any balance unpaid 15 days after the date of the invoice. Service may be suspended or terminated if payment is not received within five (5) days of the invoice date. If Service is suspended or terminated, IA may impose a reconnection fee.  Acceptance of late or partial payments shall not waive any of IA’s rights to collect the full amount due it. IA will assess an additional fee of up to the maximum amount allowed by law, for any payment returned to it by Subscriber’s paying agent.  All amounts due, including disputed amounts, must be paid by the due date regardless of the status of any objection.

Internet America
Payment Dispute Department
P.O. Box 690753
Houston, TX 77269-0753

All communications concerning disputed amounts owed must be:

• In writing
• Marked 'Billing Dispute' on the outside of the envelope.
• Mailed to IA at the address shown above
• Received by IA within 30 days after receipt of the invoice.

If any of these requirements are not met Subscriber will waive any rights to dispute invoiced fees.

Default/Termination

If Subscriber fails to pay any amount (including amounts due from prior accounts with IA) owed to IA within 90 days after the date of the invoice, Subscriber will be in default and IA may, without notice to Subscriber, terminate Service.  Upon termination, Subscriber is responsible for paying all fees owed for Services provided by IA including any applicable cancellation fee.  Subscriber agrees to pay all costs including reasonable attorneys’ fees, collection fees, and court costs IA incurs in collecting amounts owed it.

Availability/Interruption

Service is normally available to Subscriber’s computer when it is within the operating range of IA’s system. Service is subject to transmission limitation or interruption caused by weather, terrain, obstructions such as trees or buildings, and/or may be temporarily limited or interrupted due to reasons beyond our control. Interruption may also result from nonpayment of Fees by Subscriber.  IA may choose to block access to certain categories of URL’s, at its sole discretion.  Certain email messages may be blocked by IA’s SPAM filters.  If Subscriber wishes to remove this block from certain email messages, Subscriber must inform IA in writing, by fax or letter, of the sender’s web address which is being blocked. Routine maintenance and periodic Service repairs, upgrades and reconfigurations, public emergency or necessity, force maneuver, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of Service.

Obstructions

IA is not liable for Service degradations or failures that may result from:

• Any obstruction that might be erected or grow between the Subscriber’s antenna and IA’s Point of Presence
• Debris or ice on Subscriber’s antenna
• Subscriber re-aiming the antenna later than fourteen (14) days after Installation Date
• Subscriber installing, de-installing or changing any hardware and/or software in any computer which has access to the Service
• Tree leaves retaining water which may absorb radio signals

Use of Service

Subscriber agrees not to use Service for any unlawful or abusive purpose or in any way which damages or disrupts IA’s systems or equipment or interferes with or disrupts other IA user’s use of the Service. Subscriber will comply with all laws while using Service and will not transmit any communication which would violate any laws, court order, or regulation, or would likely be offensive to the recipient.  Subscriber is responsible for all content transmitted by Subscriber’s computer/server using Service. Subscriber is responsible for ensuring that Subscriber’s computer/server is compatible with Service and meets operating standards.  Subscriber may not install any amplifiers, enhancers, repeaters or other devices, which, disrupt or interfere in any way with IA’s service.  Subscriber has no ownership rights to any IP address or any email address provided by IA and agrees that IA may change any such IP address or email address at any time with or without prior notice to Subscriber.  By using Service, Subscriber agrees to abide by the terms and conditions of any applicable software license and IA’s Acceptable Use Policy.

No Commercial Use or Resale

Resale of service by Subscriber or use of Service to provide Internet access to third parties is prohibited.

Use of Sub-contractors

Subscriber acknowledges that IA may sub-contract Service or support of Service, at its sole discretion.

Limitations of Liability

IA’S LIABILITY FOR ANY SERVICE DISRUPTION OR SERVICE FAILURE SHALL NOT EXCEED IA’S FEES TO SUBSCRIBER DURING THE AFFECTED PERIOD. IA IS NOT LIABLE FOR ANY INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, DAMAGES RELATING TO LOST REVENUES OR PROFITS, LOST DATA, WORK STOPPAGE, SERVER FAILURE OR MALFUNCTION).  IA IS NOT LIABLE FOR ECONOMIC LOSS OR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF SERVICE, OR ANY EQUIPMENT USED IN CONNECTION WITH SERVICE UNLESS CAUSED BY IA’S SOLE AND/OR GROSS NEGLIGENCE. IA SHALL NOT BE LIABLE OR HELD RESPONSIBLE IN ANY WAY FOR ANY CONTENT OR INFORMATION ACCESSED THROUGH SERVICE BY SUBSCRIBER. LIMITATIONS OF LIABILITY SHALL SURVIVE TERMINATION OF THE SERVICE.

No Warranties

IA MAKES NO EXPRESS WARRANTY REGARDING THE SERVICE AND DISCLAIMS ANY IMPLIED WARRANTY INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IA DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON ITS BEHALF AND SUBSCRIBER SHOULD NOT RELY ON ANY SUCH STATEMENT.  EQUIPMENT PROVIDED SUBSCRIBER BY IA MAY HAVE A MANUFACTURER’S WARRANTY. IA IS NOT THE MANUFACTURER OF THE EQUIPMENT AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY.

Assignment and Transferability

The Service may not be assigned or transferred by Subscriber without IA’s written consent.

Privacy

IA is not liable for any lack of privacy, which may be experienced by Subscriber using the Service.  Subscriber authorizes IA’s monitoring client activity and filtering SPAM emails.  IA has the right to intercept and disclose any transmissions over IA’s Service facilities in order to protect IA’s rights or property or to comply with any court order, subpoena or other judicial directive.

Notices

Written notice to Subscriber shall be effective and deemed received three (3) days following the date deposited in the U.S. Postal Service’s system and addressed to Subscriber at the most current address shown in IA’s files or immediately upon delivery using an electronic means such as e-mail or short messaging service.  Subscriber is responsible for notifying IA of any changes in Subscriber’s address.  Written notice to IA shall be effective and deemed received three (3) days following the date deposited in the U.S Postal Service’s system when mailed to IA at its current mailing address. Oral notices shall be deemed effective on the date reflected in IA’s records.

Governing Laws

The Service is provided subject to applicable federal and state laws and federal or state tariffs, if any. In case of disputes, the court of jurisdiction shall be domiciled in Harris County, Texas.

Changes to Terms and Conditions

IA reserves the right to make changes to these Terms and Conditions at any time by posting revisions on our website at www.internetamerica.com. Any changes or modifications will be effective upon posting of the revisions on our website reflecting the new effective date. Your continued use of the service following the posting of the changes or modifications online will constitute your acceptance of such changes of modifications. You should frequently review the terms (INCLUDING THE EFFECTIVE DATE) and applicable policies from time to time to understand the terms that apply to your use of service.

Entire Agreement

These Terms and Conditions together with the Service Order represent the entire agreement to provide Services between Subscriber and IA. This Agreement supersedes any inconsistent or additional promises made to you by any of IA’s representatives, agents or dealers.  If any part of these Terms and Conditions is found invalid, the balance remains enforceable.

Correspondence

All written correspondence shall be made to the following address:

Internet America
P.O. Box 690753
Houston, TX 77269-0753

Equipment Returns shall be sent to:

Internet America
c/o Equipment Returns
10930 W. Sam Houston Pkwy N. Ste. 200
Houston, TX 77064

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