You the applicant, user or account owner understand and accept these Terms and Conditions and agree to pay for these services according to the rates and billing policies currently in effect.

If we, Wilkes Communications, Inc. (hereafter WCI), a subsidiary of Wilkes Telephone Membership Corporation (hereafter WTMC), do not receive your payment when due, a late payment notice will be sent to you and your account will be assessed a $1.00 late fee and/or your account may be terminated. Termination of your account does not remove your responsibility under this agreement to pay all fees incurred up to the date the account was terminated, including any reasonable attorney fees and costs incurred by WCI. A reconnection fee of $20.00 will be assessed if your service is disconnected for any reason and then re-established within a 30-day period.

WCI MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. WCI TAKES NO RESPONSIBILTY FOR ANY DAMAGES SUFFERED BY YOU INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM INTERRUPTIONS CAUSED BY WCI’S OWN NEGLIGENCE OR YOUR ERRORS AND/OR OMMISSIONS.

WCI services may only be used for lawful purposes. Applicant, user or account owner understands and accepts WCI’s Acceptable Use Policy, which additionally outlines the appropriate use of this service. Transmission of any material in violation of any United States or state laws or regulations is prohibited. This includes, but is not limited to: copyrighted material, threatening or obscene material, or material protected by trade secret. You agree to indemnify and hold harmless WCI or any other WTMC company or division from any claims resulting from your access for inappropriate usage (see Acceptable Use Policy).

These Terms and Conditions are subject to change without notice. A current copy will always be available on-line through our homepage at www.wilkes.net. Continued usage of your account after a new policy has gone into effect constitutes acceptance of that policy. We encourage you to regularly check the policy statement for any changes. (The effective date at the top will be updated to indicate a new revision).

WCI reserves the right to cancel this service for any Acceptable Use Policy violations.

Prices or charges for the various packages and services provided are subject to change upon 30 days notice. Continued use of the services provided hereunder shall constitute acceptance of the price or charge changes and agreement to pay said prices and charges.

Cancellation of service may result in early termination fees, depending on contract period. You will still be responsible for any fees incurred up to the date of termination of this service. We will reimburse you for any unused fees where appropriate on a pro-rata basis.

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

Some of the information available on our system is covered by copyright. Unless you have permission from the copyright holder, you are not allowed to redistribute this information to others, including use of this information on radio, television or printed media, such as newspapers, magazines or newsletters.

DIAL-UP INTERNET ACCOUNTS ARE LIMITED TO A SINGLE CONCURRENT LOGIN PER ACCOUNT.

Twenty (20) megabytes (5mb for Lite plan) of personal web space is permitted for personal use at no additional charge (e.g., personal home page, Email storage on our mail servers or FTP storage). However, personal disk space is restricted from business advertising, the reviewing of products and services, or other commercial uses (see WCI Acceptable Use Policy). Please refer to the rate schedule for pricing of additional disk space.

WCI SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WCI CANNOT GUARANTEE DIAL-UP ACCESS AT ALL TIMES REGARDLESS OF DIAL-UP PLAN CHOSEN. WCI'S UNLIMITED ACCESS DIAL UP CONNECTIONS ARE NOT CONSIDERED TO BE FULL-TIME DEDICATED CONNECTIONS AND ARE SUBJECT TO TELEPHONE NETWORK LIMITATIONS (I.E., TELEPHONE LINE AVAILABLITY, SERVICE INTERRUPTIONS, ETC.)

Your Wilkes.Net dial-up account will be activated at the time you make application for service. Your QuikLinkSM DSL account will be activated within 3-5 business days from the time you sign the service agreement. If you cannot connect to our service after this date, it is your responsibility to notify WCI. Your account will not be credited any amount, even if there was no account usage during this period, if WCI is not notified within two weeks from the time your account was activated of your inability to connect to our service.