LYNKIT TERMS OF SERVICE

This Terms of Service (the “Agreement”) is between you and LYNK IT, LLC, a Nevada limited liability company (“LYNKIT”) and sets forth the terms and conditions under which you agree to use and we agree to provide Internet service (the “Service”).  This Agreement shall remain in effect, subject to future amendment as described below, as long as you are a customer of LYNKIT.

THIS IS A CONTRACT.  PLEASE READ THE TERMS CAREFULLY.  BY ACCESSING OR USING THIS SERVICE YOU REPRESENT AND ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM.  IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT INSTALL AND/OR ACTIVATE THE LYNKIT SERVICE.

By using this Service you warrant and represent, that either (i) you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity, or are otherwise entitled to be legally bound in contract), or (ii) that your parent(s) or legal guardian(s) have consented to your use of this Service and accept this Agreement on your behalf, and that you are responsible for the activity and conduct of anyone that you permit to use this Service.

GENERAL INFORMATION

To use the Service, you must have an Internet-enabled device for Internet connectivity.  The service is a consumer grade service and is not designed for or intended to be used for any commercial purpose.  A username and password may be required to access the Service to ensure that you are authenticated for such use.  You are only permitted to use one device per customer account.  You understand that LYNKIT may have to manage the Service in order to make the service a good experience for multiple simultaneous users.  This may include, but is not limited to, a limit on the amount of bandwidth used by each device. You may use the Service so long as you are an active LYNKIT customer in good standing.  LYNKIT may terminate your ability to use the Service if you violate any of the terms of this Agreement or abuse the service.

CHARGES AND PAYMENTS

You shall pay all service or other charges by the due date stated on your bill.  Monthly service rates may be subject to additional federal, state and local fees, taxes, surcharges or other LYNKIT imposed charges.  Fees and charges are payable in advance once service is initiated.  If you terminate Service before the end of a prepaid period, LYNKIT will not refund the prorated unused portion of the fees and charges.  If you fail to make timely payment, LYNKIT may terminate Services, disable the Service, and impose late fees.

AUTHORIZED USE OF THIS SERVICE

You agree that you are authorized to use this Service solely while you are a customer of LYNKIT, subject to the terms and conditions of this Agreement. You agree that you are fully responsible for your activities while using this Service (including for any content, information and other materials you access or transmit via this Service), and that you shall bear all risks regarding use of this Service. You agree not to use this Service to engage in any Prohibited Conduct. Broadly stated, "Prohibited Conduct" is any conduct that is unlawful, infringing (such as downloading copyright protected material, video, audio or otherwise without the owner’s permission), tortious (conduct that is intentionally harmful to an individual or entity or conduct that negligently or knowingly puts an individual or entity at risk), or any other online conduct that a reasonable individual would or should know would violate another party's intellectual property rights, privacy rights or other rights; or conduct that otherwise interferes with the operation of, use of, or enjoyment of, any service, system or other property.  LYNKIT requires and expects that you will be a good Internet citizen and use good judgment when using this Service.

By way of illustration and not limitation, Prohibited Conduct includes using this Service to: (i) intercept, divert or otherwise interfere with any communication, (ii) violate the security or integrity of, or gain unauthorized access to, this Service or any other service, system or communication, engage in any activity in the nature of hacking or port scanning, or engage in any activity that is in the nature of a "denial of service" attack or otherwise affect/interrupt or attempt to affect/interrupt the operation of the Service in any manner; (ii) impose an unreasonable or disproportionately large load on any systems or infrastructure; (iii) send "spam", chain letters, or other unsolicited communications to any party; (iv) create a "mail drop" for such communications, or engage or permit e-mail relay services (e.g., "open mail relay"); (v) "spoof" or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication; (vi) commit fraud; (vii) harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (viii) disseminate information or data that contains any computer virus, or any viruses, Trojan horses, or other code or programming or material designed to or intended to damage, interfere with, intercept, interrupt, destroy, limit the functionality of or expropriate any computer hardware, software, system, data or personal information; (ix) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable; (x) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (xi) send or receive material containing defamatory, false, or libelous material; (xii) send, receive, download or print any material, audio, video or otherwise, that infringes or violates any intellectual property rights, or other right, of any entity or person, including, without limitation, copyrights, patents and/or trademarks, laws governing trade secrets, rights to privacy, or publicity; (xiii) send or receive any material that you do not have a right to make available under law, contractually (for example, it was not paid for) or under fiduciary relationships; (xiv) engage in conduct that would expose LYNKIT or its service providers to civil or criminal liability; (xv) engage in any activity that violates any local, state, United States or applicable international law or regulation, (xvi) engage in any activity that is harmful to minors, or permit a minor to use this Service to access any content intended for adults; or (xvii) assist others in engaging in Prohibited Conduct. This list of Prohibited Conduct is meant to serve as examples of prohibited conduct and is not intended to be and should not be construed to be exhaustive.

NO ASSIGNMENT OR TRANSFER

You may not resell, re-provision, or rent the Service (either for a fee or without charge) or allow third parties to use the Service.  Any attempted assignment or transfer of the Services to any other tenant or occupant or to any other location without LYNKIT’s prior written consent is prohibited and is a breach of this Agreement.

CONSEQUENCES OF UNAUTHORIZED USE

Without limiting any other available right or remedy, LYNKIT reserves the right to, and you agree that LYNKIT shall have the right to: (i) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of the Service and to otherwise protect its interests (e.g., removing, destroying or otherwise making unavailable offending material, temporary or permanent filtering, blocking access, and suspending or terminating service), and (ii) investigate and involve and cooperate with appropriate authorities regarding any actual or suspected illegal or unauthorized activities involving this Service. You agree that you will be liable to LYNKIT for any damages incurred or amounts that are required to be paid by LYNKIT that arise out of, or are related to, your violation of this Agreement, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys' fees and costs of enforcement.

YOU ARE RESPONSIBLE FOR YOUR SECURITY AND PRIVACY

Although privacy and security are important to LYNKIT, you understand and agree that you shall have no expectation of privacy or security in your use of this Service. There are privacy and security risks associated with wireless communications and the Internet in general and you acknowledge that LYNKIT make no assurances that your communications, or activities while using the Services, or your use of any information or data obtained by you by accessing this Service will be (or will remain) private or secure, and you further agree that LYNKIT assumes no responsibility in that regard. You agree that you, and not LYNKIT, are solely responsible for your own privacy and security in using this Service, the accuracy or completeness of any information or data obtained by you via this Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems. You are responsible for maintaining the confidentiality of, and you are responsible for all activities that occur under, your account(s), username(s) and password(s).

DISCLAIMER OF WARRANTY

YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". YOU FURTHER ACKNOWLEDGE AND AGREE THAT LYNKIT DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR BY LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (i) MERCHANTABILITY, (ii) FITNESS FOR A PARTICULAR PURPOSE, (iii) NON-INFRINGEMENT, (iv) WORKMANLIKE EFFORT, (v) QUALITY, (vi) ACCURACY, (vii) TIMELINESS, (viii) COMPLETENESS, (ix) TITLE, (x) QUIET ENJOYMENT, (xi) NO ENCUMBRANCES, (xii) NO LIENS, (xiii) SYSTEM INTEGRATION OR (xiv) THAT ACCESS TO OR USE OF THIS SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF LYNKIT IS ON NOTICE OF SUCH PROBLEMS. NOR SHALL LYNKIT BE LIABLE FOR FAILURE TO PROVIDE SERVICE IF THE CAUSE IS DUE TO THE ACTS OF A THIRD PARTY.  YOU FURTHER AGREE AND UNDERSTAND THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY LYNKIT OR ITS RESPECTIVE EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY, GUARANTY, PROMISE, OR OTHERWISE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW.

The Internet contains a variety of materials and information that may be offensive to you. You agree that you assume full responsibility and risk of use of the Services and the Internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online. LYNKIT may, but need not, provide screening of certain materials. Software products that enable screening of particular materials and information are commercially available and widely advertised in public media, including on the Internet.

INDEMNIFICATION

YOU HEREBY INDEMNIFY AND HOLD HARMLESS LYNKIT, ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF OR RESULTING FROM (I) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT OR ANY WARRANTY OR PROMISE YOU PROVIDE OR MAKE HEREIN; (II) YOUR USE IN ANY WAY OF THE SERVICE, INCLUDING BUT NOT LIMITED TO USING THE SERVICE FOR PROHIBITED CONDUCT; (III) DAMAGES OR INJURIES RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (IV) OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR NEGLIGENCE. LYNKIT RESERVES THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY SUCH CLAIM OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE FULLY WITH LYNKIT.

LIMITATION OF LYNKIT’S LIABILITY

UNDER NO CIRCUMSTANCES WILL LYNKIT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS SERVICE, ITS FEATURES OR CONTENT, EVEN IF LYNKIT IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF LYNKIT ARISING OUT OF, OR RELATED TO, THIS AGREEMENT AND THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM. YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: (i) BREACH OF CONTRACT, BREACH OF WARRANTY, GROSS NEGLIGENCE, NEGLIGENCE OR OTHER TORTIOUS CONDUCT, (ii) DAMAGES FROM ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, ACCIDENT, MISUSE OR FRAUDULENCE, UNAUTHORIZED USE OF THIS SERVICE, USE OR LOSS OF USE OF DATA, DELAYS, NON-DELIVERY, MIS-DELIVERY, BREACH OF SECURITY, LINE FAILURE OR SERVICE INTERRUPTIONS OR DUE TO INADVERTENT RELEASE OR DISCLOSURE OF INFORMATION SENT BY YOU EVEN IF THE SAME IS CAUSED BY LYNKIT’S OWN NEGLIGENCE, OR (iii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED.

CHANGE/TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT

You agree that LYNKIT may, at any time and for whatever reason change, terminate, limit or suspend the Service (in whole or in part) or your access to the Service upon notice to your service address. Upon any termination, your rights to use the Service will immediately cease. LYNKIT also reserves the right to update or revise this Agreement at any time without prior notice.  Notwithstanding the foregoing sentence, your continued use of the Service following an update to this Agreement signifies your acceptance of its revised terms.

MISCELLANEOUS

You agree that: this Agreement and your use of the Service shall be governed by the laws of the State of Nevada, without regard to conflicts of laws principles, and LYNKIT shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. You agree that the exclusive jurisdiction for all controversies or claims shall be the federal and state courts in the State of Nevada in Clark County, and you agree that such courts will have personal jurisdiction over you in such matters through your use of the Service. You agree that this Agreement is solely between you and LYNKIT and that any controversy or claim brought or asserted by you or on your behalf that arises out of or relates to this Agreement or the Service shall be solely against LYNKIT, and not any other party. Further, you agree that any action you bring that arises from, or relates to, the Service must be initiated within one year from the relevant date of your access to the Service, and that no cause of action may be brought after that time. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, then such provision(s) will be ineffective to the extent of such determination, and such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions of this Agreement and/or the spirit of this Agreement and the remainder of this Agreement will continue and shall remain in full force and legal effect. Any failure by LYNKIT to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that this Agreement constitutes the entire agreement between you and LYNKIT regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and LYNKIT regarding its subject matter. You agree that any notices given by you to LYNKIT must be given by e-mail (addressed to support@lynkitnv.com).