Under this Agreement, ParkWiFi supplies and the Customer purchases ParkWiFi Services (Services) pursuant to the plan selected on the ParkWiFi Order Form available online at www.ParkWiFi.com or as attached hereto and made a part hereof.

ParkWiFi shall bill and the Customer shall pay all charges subscribed to by Customer. Payment must be made on or before the due date shown on the bill.

Current bills are subject to a 10% late charge if not paid by the due date.

Customer agrees to pay ParkWiFi the full replacement cost for any damage to or loss of leased equipment provided to Customer by ParkWiFi (e.g. customer premises equipment) and hereby authorizes ParkWiFi to charge customer for said replacement cost. Customer is obligated to immediately return such equipment after service cancellation or is liable for the replacement cost of said equipment. Customer agrees ParkWiFi has title and ownership to said equipment and that said equipment must be used exclusively as specified by ParkWiFi. ParkWiFi authorizes Customer premises use only in conjunction with the ParkWiFi service.

Customer may terminate ParkWiFi service at any time by calling customer service or visiting the customer service center. Termination will be effective the first business day after the customer termination call or visit and return of any leased equipment. Monthly charges will be prorated to service disconnect date.

Customers leasing customer premises equipment (CPE) are required to return the CPE upon cancellation of their service. Failure to return the CPE within five (5) business days of Service cancellation will result in additional billing charges for purchasing the CPE ($100-$180 plus tax).

Customers who purchased CPE and terminate Service within thirty (30) days of the purchase will receive a full refund of the purchase price if the CPE is returned in working condition within five (5) business days of Service termination.

ParkWiFi may terminate this Agreement and discontinue service at anytime, without prior notice, if ParkWiFi reasonably believes Customer is using Service illegally, unreasonably, or in furtherance of any unlawful activity.

Our goal is to provide the Customer with continuous service; however interruptions, disconnections, errors or other out-of-service conditions may occur. If a Service interruption, error, performance failure, or some other out-of-service condition occurs and lasts more than twenty-four (24) consecutive hours, except for problems caused by Customer's actions, inside wiring, or CPE, an out-of-service credit will be applied to the Customer's bill. The credit shall be based on a thirty (30) day month and shall be calculated by: (a) dividing the monthly rate of ParkWiFi Service affected by thirty (30) days; and then (b) multiplying the daily rate by the number of days, or major fraction thereof, that the ParkWiFi Service was interrupted.

PARKWIFI DOES NOT WARRANT THAT PARKWIFI SERVICES ARE ERROR FREE AND EXCLUDES ALL WARRANTIES OF WHATEVER KIND, WRITTEN OR ORAL, STATUTORY, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PARKWIFI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY PARKWIFI, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.

PARKWIFI SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTIAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF PROFITS, OR LOSS OF BUSINESS WITH THE EXCEPTION OF THE LIABILITY FOR CREDIT TO CUSTOMER'S BILLS SET FORTH IN SECTION 4 OF THIS AGREEMENT.

Customer is solely responsible for terminating any prior telephone, Internet, cable and/or other services.

With the exception out of service credit as set forth in Section 4 of this Agreement, ParkWiFi shall be excused from performance requirement if its performance is prevented by acts or events beyond its control including but not limited to severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest; power failures; nuclear or other civil or military emergencies; or act of legislative, judicial, executive, or administrative authorities.

The failure of either party to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of its right to assert or rely upon such provision of this Agreement.

Interpretation of this Agreement shall be governed by the laws of the State of Minnesota. Any cause of action arising from this Agreement shall be brought in a state court with appropriate jurisdiction in the city of St. Louis Park, state of Minnesota.

ParkWiFi may assign its rights and delegate under this Agreement to its parent, a subsidiary, or any affiliate without prior, written permission.

ParkWiFi makes no assurance that this Service will be offered beyond the terms as defined on ParkWiFi's website, or that such a Service will be offered at the same rates as set forth on this Website. ParkWiFi reserves the right to change its Service and/or rate after one (1) month from this Agreement's date. ParkWiFi will provide at least 30 days' notice of the rate change.

ParkWiFi provides telephone customer service and technical support for issues related to connectivity, billing, and other services provided by ParkWiFi. Additional support for other products and services are available and may require a visit to Customer's site. This on-site technical support will be provided by ParkWiFi at an hourly rate defined on the ParkWiFi's website and will be billed by and paid directly to ParkWiFi.

This Service Agreement, the Privacy Policy, and the Acceptable Use Policy contain the full and complete expression of the Parties' understanding and agreement for the supply and purchase of ParkWiFi Service. Please note that you are agreeing to the Acceptable Use Policy, Privacy Policy and Service Agreement by your initiation of ParkWiFi Service by registering on-line or by signing this document.