Service Agreement

Revised May 2024

This is an agreement between Mountain West Technologies Corporation (MWT) and "Customer" for the provision of telephone, internet, and communications services ("Services") as described herein (collectively, "Agreement"). MWT provides Services according to these terms and conditions. MWT and Customer may be referred to herein as "Party" and collectively as "Parties".

  1. SCOPE. The Services, Monthly Recurring Charges ("MRC"), Non-Recurring Charges ("NRC"), and Customer locations are identified hereto and incorporated herein.

  2. TERM. This Agreement is effective on the earlier of 1.the date service begins (or resumes after the revision date) or 2. the latest signature date of this Agreement. Unless Service is otherwise subject to additional terms,, Service may be terminated by either party with 30-day notice, as detailed below. Any additional term associated with this Service in the form of a separate agreement, signed quote or other would supersede this Agreement term. Services(s) may be terminated immediately by MWT as a result of the Customer's violation of MWT's Acceptable Use Policy.

  3. ACCEPTANCE: This Agreement is deemed accepted and executed by the Customer upon signature herein, or upon receipt of payment if no signature is obtained.

  4. BILLING. Customer will pay the NRC and MRC for Service. In addition, Customer shall pay MWT all applicable taxes, usual and customary surcharges, and all government-imposed fees and charges that relate to the Service or installation. Customer shall pay each bill in full by the payment due date and agrees to pay such late payment charges imposed thereafter by MWT as permitted by law in the state where service is provided. In addition to incurring a late charge, customer accounts 30 days or more past due will incur finance charges permissible by the law of the state where the Services are provided, not to exceed 18% per annum. In the event Customer's account is placed with an attorney or collection agency for collection, in addition to payments past due, late payment charges, and interest, Customer agrees to pay costs of collection at a rate equal to forty-five percent (45%) of the collection value, including (but not limited to) court costs and reasonable attorney's fees.

  5. Non-Sufficient Funds (NSF). Any payment that has been returned by the financial institution for any reason shall be reissued to the Customer account as due. MWT may charge an additional NSF fee plus any applicable taxes incurred. If Customer exceeds 3 consecutive NSF charges, MWT may place the account on a ‘cash only’ status for 12 months.

  6. DEFAULT AND TERMINATION. Unless Service is otherwise subject to additional terms, Customer will give MWT a written 30-day notice of disconnection of Service(s). Written notice may be mailed to PO Box 2588, Casper, WY 82602, or emailed to billing@mwtcorp.net. Customer must also pay all outstanding balances at disconnection date. Pre-payments for service will not be refunded. i. If the Customer moves to another location within MWT's service area and desires to continue service, this Service Agreement shall continue without interruption. MWT shall move all equipment and Customer shall pay all applicable installation charges. ii. If the Customer moves to another location outside of MWT's service area or moves to another location within MWT's service area but desires to discontinue Service, Customer shall return MWT equipment to MWT in good working and physical condition within 30 days of termination. MWT reserves the right to charge Customer for damaged or un-returned equipment.

  7. SERVICE CHANGES. Customer may add additional Service(s) at the rates during the Term. Service(s) may be refused or discontinued without notice in the event that: 1) service is used in such a manner that will adversely affect MWT's Service to others or is otherwise in violation of statutes, rules, or regulations; 2) services are not available from the network provider or its successor; or 3) any information provided to MWT is incorrect or incomplete.

  8. CUSTOMER RESPONSIBILITIES. Customer is responsible for placement, installation, operation, maintenance, repair, and replacement of all inside wire (including riser cable) and Customer Premise Equipment ("CPE") that Customer uses for the Services. Premise wiring and CPE must be compatible with the Services and Features provided by MWT. Service failures due to premise wiring or CPE are the sole responsibility of the Customer and MWT has no liability in connection therewith.

  9. EQUIPMENT OWNERSHIP/CARE. All equipment provided by MWT as part of the Service(s) which resides on Customers premise or elsewhere, with the exception of equipment purchased by the Customer, is solely owned by MWT. Customer shall maintain MWT property with proper care, and assumes full liability for damages caused by Customer. Upon termination of Service(s), Customer shall return MWT equipment to MWT in good working and physical condition within 30 days of termination.

  10. LEASED ROUTER: If customer is a participant in our router leasing program, customer agrees to return all leased equipment, including routers and necessary power cables, to MWT within 30 days of discontinuing your service or upon request by MWT. Failure to return leased equipment within the specified timeframe may result in a non-return fee equal to the value of the router, which will be charged to your customer account. The non-return fee is intended to cover the cost of replacing the equipment.

  11. TELEPHONE SERVICES. MWT understands and agrees that any telephone number(s) transferred by Customer to MWT shall remain the property of Customer.

  12. TELEPHONE DIRECTORY LISTINGS. Customer is solely responsible for all telephone directory listings and advertisements, and the accuracy of all listing(s) with any directories.

  13. MAINTENANCE. MWT will maintain all portions of the Service including any equipment placed on Customer premise by MWT as part of the Service. If at its sole discretion, MWT determines that MWT equipment has failed or is damaged due to Customer's misuse, neglect, or intentional acts, all costs, and damages for repair and replacement of the equipment shall be solely the responsibility of the Customer.

  14. TAMPERING. Customer understands and agrees that MWT cannot be held liable for technical failures or errors, INCLUDING BUT NOT LIMITED TO LOSS OF EMERGENCY 911 SERVICE, caused by or occurring upon or after changes being made to MWT system components (including hardware or configuration, or networking equipment that MWT system components are dependent upon) without the explicit authorization of MWT. Parties agree that technical vendors and third parties intending to make modifications to said components and equipment will call MWT at (307) 233-8400 and speak to an MWT technician for authorization before making said modifications. Customer also understands that the service provided is Voice Over Internet Protocol (VOiP) which may not function during a power outage or internet service outage. Signing this agreement acknowledges that customer knows this is not a basic landline telephone service.

  15. LIMITATION OF LIABILITY/EXCLUSIVE REMEDY. NEITHER PARTY, IT’S AFFILIATES OR CONTRACTORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUES, LOST DATA ORANY AND ALL EXPENSES FOR REPLACEMENT SERVICES, RELATING TO THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED. CUSTOMER'S EXCLUSIVE REMEDIES FOR CLAIMS RELATED THE SERVICE SHALL BE LIMITED TO THE APPLICABLE OUT-OF-SERVICE CREDIT(S) IF ANY. MWT'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL MONTHLY RECURRING COSTS PAID BY THE CUSTOMER TO MWT PURSUANT TO THIS AGREEMENT IN THE MONTH IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM. EACH PARTY SHALL BE RESPONSIBLE FOR ANY CLAIMS, DAMAGES, AND LIABILITIES IT DIRECTLY CAUSES WHICH RESULT FROM OR RELATE TO PERSONAL INJURIES, DEATH, OR PROPERTY DAMAGE ARISING FROM NEGLIGENT ACTS OR OMISSIONS. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVELY LIMITED TO THOSE EXPRESSED IN THIS AGREEMENT. MWT DOES NOT MONITOR ANY CUSTOMER'S SUBSTANTIVE USE OF SERVICES OR INFORMATION TRANSFERRED BETWEEN CUSTOMER AND THIRD PARTIES. THE FOREGOING NOTWITHSTANDING, MWT FULLY COOPERATES WITH ALL LAW ENFORCEMENT AND JUDICIAL ORDERS INCLUDING, WITHOUT LIMITATION: ALL ORDERS CONCERNING MONITORING OF INFORMATION AND DATA TRANSMITTED VIA MWT'S NETWORK AND SERVICES; THE SUBSTANTIVE USE OF MWT'S SERVICES; WIRE TAP WARRANTS; AND SUBPOENAS. CUSTOMER WARRANTS AND REPRESENTS THAT IT INTENDS TO USE THE SERVICES FOR LEGAL PURPOSES ONLY. CUSTOMER HEREBY RELEASES, HOLDS HARMLESS, AND AGREES TO DEFEND AND INDEMNIFY MWT FOR CUSTOMER'S USE OF THE SERVICES FOR ANY ILLEGAL OR ALLEGEDLY ILLEGAL ACTIVITY CONDUCTED THROUGH, USING OR WITH THE ASSISTANCE OF THE SERVICES. CUSTOMER HEREBY RELEASES AND HOLDS MWT HARMLESS FOR ANY AND ALL DATA, INFORMATION, AND ASSISTANCE PROVIDED TO LAW ENFORCEMENT OR OTHER GOVERNMENT OFFICIALS IN ACCORDANCE WITH ANY LAW ENFORCEMENT OR COURT ORDER.

  16. OUT OF SERVICE CREDIT. If MWT causes a Service interruption, an out-of-service credit will be calculated in accordance with the Service Credit Policy (SCP) which may be found at the MWT website (http://www.mwtn.net) and, is hereby incorporated into this Agreement. No credit shall be given for a service problem of fewer than 24 hours duration.

  17. DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (NO ADVICE OR INFORMATION GIVEN BY MWT, ITS AFFILIATES, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.)

  18. FORCE MAJEURE. Neither Party will be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by an unforeseeable event (other than a failure to comply with payment obligations) beyond the reasonable control of a Party, including without limitation: act of God; fire; flood; labor strike; sabotage; fiber cut; material shortages or unavailability or other delay in delivery pot resulting from the Parties' failure to timely place orders therefore; lack of or delay in transportation; government codes/ordinances; laws; rules; regulations or restrictions; inclement weather; earthquake(s); war or civil disorder; or failure of suppliers of goods and Services (Force Majeure Event).

  19. LAWFULNESS. This Agreement and the Parties' actions under this Agreement shall comply with all applicable Federal, State, and Local Laws, Rules, Regulations, Court Orders, and Government Agency Orders. Any change in rates, charges, or regulations mandated by legally constituted authorities shall act as a modification of any contract to that extent without further notice.

  20. PUBLICITY. Neither Party shall, without the written consent of the other, issue any press release or public announcement regarding this Agreement or any relation between the Customer and MWT or use the name, trademarks, or other proprietary identifying symbol of the other Party.

  21. NOTICES. Except as otherwise provided herein, all required notices shall be in writing, transmitted to MWT at: PO Box 2588, Casper, WY, 82602; or by fax to: (307) 472-4167; Attention: Customer Service. Notice to Customer shall be at MWT's then current address of record for Customer: Attention: General Counsel or other person designated for notices. Notices will be considered given either: (a) when delivered in person to the recipient designated for notices; (b) when deposited in either registered or certified U.S. mail, return receipt requested, postage prepaid; (c) when a facsimile is successfully transmitted; or (d) when delivered by an overnight courier service.

  22. ACCEPTABLE USE POLICY. The use or Services under this Agreement shall be in accordance with the Acceptable Use Policy (AUP) which may be found at the MWT Communications website (http://www.mwtn.net) and is incorporated into this Agreement. MWT reserves the right to amend the AUP effective upon posting to the website or other notice to the Customer and to suspend Service to the Customer for violation of the AUP. Customer acknowledges that the Customer has accessed, read, and understands the AUP.

  23. 9-1-1. MWT WILL PERFORM EVERY REASONABLE ACT TO ENSURE ACCURATE ROUTING OF 9-1-1 CALLS AND ASSOCIATED CALLING PARTY NAME, LOCATION, AND TELEPHONE NUMBER. THE CUSTOMER AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS MWT, FROM ANY AND ALL LOSS, CLAIMS, DEMANDS, DAMAGES, EXPENSES, SUITS, OR OTHER ACTIONS, OR IN ANY LIABILITY WHATSOEVER ASSOCIATED WITH ANY 9-1-1 CALL. THE CUSTOMER ALSO AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS MWT FROM ANY INFRINGEMENT OR INVASION OF THE RIGHT OF PRIVACY OF ANY PERSON OR PERSONS, CAUSED OR CLAIMED TO HAVE BEEN CAUSED DIRECTLY OR INDIRECTLY, BY THE INSTALLATION, OPERATION, FAILURE TO OPERATE, MAINTENANCE, REMOVAL, PRESERVATION, CONDITION, OCCASION OR USE OF 9-1-1 CALLING AND THE EQUIPMENT ASSOCIATED THEREWITH, INCLUDING BUT NOT LIMITED TO: THE IDENTIFICATION OF THE TELEPHONE NUMBER, ADDRESS, OR NAME ASSOCIATED WITH THE TELEPHONE USED BY THE PARTY OR PARTIES ACCESSING 9-1-1 CALLING.

  24. GENERAL PROVISIONS. Any disputes arising out of or relating to this Agreement shall be adjudicated in the County of Natrona, State of Wyoming. This agreement shall be governed by the laws of the State of Wyoming. By executing this Agreement, Customer submits and agrees to in person am jurisdiction in all courts located within the State of Wyoming. Neither Party's failure to insist upon strict performance of any provision of this Agreement shall be construed as a waiver of any of its rights. If any term of this Agreement is held to be unenforceable, the unenforceable term shall be construed as nearly as possible to reflect the original intent of the Parties and the remaining terms shall remain in effect. All terms of this Agreement which by their nature should survive the termination of this Agreement shall so survive. Customer may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of MWT, which consent will not be unreasonably withheld. This Agreement is intended solely for MWT and its affiliates/successors/assigns and Customer and shall not benefit or be enforceable by any other person or entity.

Mountain West Technologies Acceptable Use Policy. Mountain West Technologies Corporation ("MWT") has formulated this Acceptable Use Policy ("AUP") in order to encourage the responsible use of MWT's networks, systems, services, web sites and products (collectively, the "Services") by our customers and other users of the Services (collectively, "Users"), and to enable us to provide Users with secure, reliable and productive services. By using the Services, Users consent to be bound by the terms of this AUP. MWT reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted to the MWT Web site at http://www.mwtn.net. Any use of the Services after such modification shall constitute acceptance of the modification. Suspension; Termination. Any User which MWT determines to have violated any element of this AUP may be subject to a suspension or termination of service, and if MWT deems it necessary, immediate suspension or termination of such User's service without notice. MWT may take such further action as MWT determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and MWT shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from MWT's exercise of its rights under this AUP. Prohibited Conduct. In General. The Services must be used in a manner that is consistent with the intended purpose of the Services and may be used only for lawful purposes. Users shall not use the Services in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the Services or other MWT customers; or (c) that may expose MWT to criminal or civil liability. Users are prohibited from facilitating the violation of any part of this AUP or another provider's AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider's AUP. Inappropriate Content. Users shall not use the Services to transmit, distribute or store material that is inappropriate, as reasonably determined by MWT, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, or excessively violent. Intellectual Property. Material accessible through the Services may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the Services in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of the Services, you must not use that domain name in violation of the trademark, service mark, or other rights of any third party. Harmful Content. Users shall not use the Services to transmit, distribute or store material that may be harmful to or interfere with the Services or any third party's networks, systems, services, or websites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses. fraudulent/Misleading Content. Users shall not use the Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards. Email and Unsolicited Messages. Users shall not use the Services to transmit unsolicited email messages, including, without limitation. unsolicited bulk email, where such emails could reasonably be expected to provoke complaints ("spam"). Further, Users are prohibited from using the service of another provider to send spam to promote a site hosted on or connected to the Services. In addition, Users shall not use the Services in order to, (a) send email messages which are excessive and/or intended to harass or annoy others, (b) continue to send email messages to a recipient that has indicated that he/she does not wish to receive them, (c) send an email with forged TCP/IP packet header information, (d) send malicious email, including, without limitation, "mailbombing", (e) send or receive email messages in a manner that violates the use policies of any other Internet service provider, or (f) use an email box exclusively as a storage space for data. Third-Party Rules; Usenet. Users may have access through the Services to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines, or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements. Inappropriate Actions. Users shall not use the Services to conduct activities that may be harmful to or interfere with the Services or any third party's networks, systems, services, or Web sites, including, but not limited to, flooding, mail bombing, or denial of service attacks. Users are prohibited from violating or attempting to violate the security of the Services or the computers, accounts, or networks of another party. Users are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. MWT will investigate such activity and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such activity. Responsibility for Content. MWT takes no responsibility for any material created or accessible on or through the Services. MWT is not obligated to monitor or exercise any editorial control over such material but reserves the right to do so. In the event that MWT becomes aware that any such material may violate this AUP and/or expose MWT to civil or criminal liability, MWT reserves the right to block access to such material and suspend or terminate any User creating, storing, or disseminating such material. MWT further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that MWT deems responsible for the wrongdoing. Violations of this AUP may be reported at the following email address: abuse@mwtn.net

CPNI Notice. In accordance with Section 222 of the Communications Act and the Federal Communications Commission's ("FCC") CPNI Rules (47 C.F.R. Section 64.2001, et seq.), Mountain West Technologies ("MWT") files this Statement of Policy outlining the Company's procedures for accessing, using and storing Customer Proprietary Network Information ("CPNI"). MWT provides telecommunication services to retail customers. Because MWT may access, use or store CPNI when providing these types of services, MWT undertakes the steps outlined in the Statement of Policy (which a copy may be requested) to protect CPNI from unauthorized access or misuse. To protect our customers, we ask that you choose a 4-6 digit pin and add any additional authorized users in which to allow access to the account, which will be requested when contacting MWT for disconnect and/or changes to services. It is the responsibility of the customer to share this information with any employees they wish to have access to confidential CPNI information.

Installation Waiver. I represent and warrant to Mountain West Technologies Corporation that I have authority to authorize work on the property. I agree to in indemnify, defend and hold Mountain West Technologies Corporation harmless from any claims from third parties that I do not have authority to authorize this work and waive and release all my claims against Mountain West Technologies Corporation related to any damage to the property related to the installation of the equipment I authorized installed. This Agreement and all MWT policies referenced herein constitute the entire Agreement between the Customer and MWT. The Parties have read, understand, and agree to all of the above terms and conditions of this Agreement and hereby execute and authorize this Agreement effective as of the last date below.

Revised May 2024