Clearwire : Terms of Service

Clearwire Broadband, Fitzwilliam Hall, Dublin 2, Ireland

Welcome to Clearwire

New Terms Effective 7/11/07

BY ACTIVATING OR USING OUR SERVICE OR EQUIPMENT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND POLICIES. PLEASE READ THESE TERMS AND CONDITIONS AND POLICIES CAREFULLY AS THEY ESTABLISH YOUR LIABILITY FOR THE EQUIPMENT (Sec. 4), REQUIRE TERM COMMITMENTS (Sec. 23), IMPOSE EARLY CANCELLATION FEES (Sec. 23), AND REQUIRE MANDATORY ARBITRATION OF DISPUTES (Sec. 33).

This is your agreement with Clearwire Ireland Limited and its affiliates (together “Clearwire,” “we” or “us”) for the provision of fixed wireless broadband services (the “Service”) in accordance with the order form submitted by you to Clearwire (the “Order Form”), the terms and conditions set forth below (the “Terms”), Clearwire’s Acceptable Use Policy and Privacy Policy and such other policies as Clearwire may adopt (collectively, “Policies”), each as they may be amended from time to time and as may be posted from time to time at www.clearwire.ie. Additional terms, restrictions, and limitations may be set forth in authorized service plan descriptions provided to you by Clearwire or posted at www.clearwire.ie (each, a “Service Plan”), and all such terms, restrictions, and limitations are incorporated herein by reference and are legally binding upon you. If any Services are subject to any tariffs filed by Clearwire (“Tariffs”), then you agree that such Services will also be governed by the terms of any such Tariffs. The Order Form, Terms, Policies, any applicable Tariffs, and the Service Plans collectively constitute your agreement (the “Agreement”) with Clearwire. In the event of conflict, except as otherwise expressly stated in any of the foregoing, the Terms set out here shall prevail. By initiating the Service, providing a written or electronic signature or otherwise so indicating electronically, you will have accepted this Agreement. You acknowledge that you have read and understood, and you agree to, the terms and conditions of the Agreement, and you represent that you are of legal age to enter the Agreement and become bound by its terms. The Agreement governs both the Service and any Equipment (as defined below) used in conjunction with the Service. The Agreement applies to you and to anyone who uses the Services or Equipment sold or rented to you.

1. Term, Service and Invoices. The term (i.e. duration) of the agreement shall be as noted on the completed Order Form. If Clearwire continue to provide the service to you after the expiry of the term and you continue to use it, then the Agreement will continue on a month to month basis. You agree to purchase and pay for the Service as set forth in the Form, which will be binding on you if signed with a written or electronic signature delivered to Clearwire or its agent, or if you electronically accept the terms of the Order Form, or by your activation of the Service through the Equipment. As we are a technology-focused new company, we only send our invoices by email, and not in paper form. Upon accepting your Order Form (which will occur only upon signature of the Order Form by Clearwire, which may include an electronic signature or click-through acceptance of the Order Form by you), Clearwire will bill you for Equipment (defined below), installation fees, activation fees, the first month of Service (if applicable), and will notify you of charges to be applied to your Card or account in advance thereafter for recurring monthly charges. You agree to pay all of the fees described in the Agreement. In addition to the charges for Service, you will be responsible for all applicable Irish taxes, surcharges and fees applicable to the Services. Unless otherwise agreed in writing between you and Clearwire, Clearwire will bill you for all charges relating to the Equipment or the Services by charging the credit, debit or bank account you provided to Clearwire (if your Card issuer or bank is acceptable to Clearwire). You will promptly notify Clearwire of any changes to any your Card account, or in the event that you decide to terminate or change Card accounts. Charges for Service are contained in the Order Form, and may be modified by Clearwire with thirty (30) days written notice to you, including notice by e-mail. Your use of the Services for more than twenty days after notice of any modified charges constitutes your agreement to accept the modified charges. Charges not honoured by your Card issuer will be considered delinquent, and you may be charged a late fee on the unpaid balance, based on the amount of the late payment multiplied by the lesser of one and one-half percent (1.5%) per month or the highest rate allowed by law. You will remain responsible for all charges not honored by your Card issuer. Delinquent accounts are subject to immediate suspension or termination of Service at the sole discretion of Clearwire. In the event of such suspension or termination, all charges (including Early Termination Fees) will become immediately due and owing together with any costs of collection incurred by Clearwire, including legal fees, and Clearwire will be at liberty to pursue any legal remedy it may have. Clearwire will attempt to notify you in advance of suspension, termination, and collection actions, but is not required to make contact prior to taking such actions. To reestablish Service suspended or terminated for delinquency, you must pay all past due amounts in full and you may be charged an activation fee and may be required to prepay fees.

2. Billing Disputes. You must notify Clearwire in writing within seven (7) days after receiving your Card statement if you dispute any Clearwire charges on that statement or such dispute will be deemed waived. You may only dispute charges that you believe are a result of a billing error or a problem relating to the Service. Clearwire shall resolve all billing disputes in its sole discretion.

3. Payment. Clearwire may terminate your Service at any time in its sole discretion if any charge to your Card on file with Clearwire is declined or reversed, your Card expires and you have not provided Clearwire with a valid replacement Card or in case of any other non-payment of account charges. If Clearwire terminates your Service for a declined, canceled or expired Card, reversed charges or non-payment, you are still fully liable to Clearwire for all charges due before termination and for all costs incurred by Clearwire in collecting such amounts, such as (but not limited to) collection costs and attorney’s fees.

4. Equipment Provided - Purchase. As specified on your Order Form, Clearwire will sell to you, and you will purchase from Clearwire, a subscriber unit and related cabling (collectively the “Equipment”). Clearwire warrants that all Equipment purchased from Clearwire will be substantially free from defects in material and workmanship under normal use in compliance with Clearwire’s instructions for a period of two (2) years from the date you receive the Equipment. All or part of the Equipment may be reconditioned or refurbished, but all Equipment will be warranted as provided in these Terms. This warranty excludes any damage resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with any Equipment instructions published by Clearwire or available at www.clearwire.ie, or actual or attempted alteration of or additions to the Products not approved by Clearwire, all as determined in the sole discretion of Clearwire. Clearwire shall have the sole discretion to determine whether to repair or replace any Equipment. Repair or replacement of the Equipment is Clearwire’s only responsibility, and your exclusive remedy, for breach of any warranty regarding the Equipment. You may not sell or otherwise transfer the Equipment to anyone without Clearwire’s prior written consent. If you purport to sell or otherwise transfer the Equipment, any warranties will automatically and immediately terminate. Any repair, upgrade, or replacement of the Equipment following two (2) years after activation of Service, resulting from defects in the Equipment or from any other cause, will be your responsibility.

5. Equipment Provided – Rental. If you rent any Equipment from Clearwire, as specified on your Order Form, Clearwire will retain title to and ownership of such Equipment at all times. You must return all rented Equipment in good working order to Clearwire upon the termination of the Agreement or upon the request of Clearwire. Failure to return the rented Equipment to Clearwire in good working order upon request will result in a charge to the Card account that you have provided, for the amount listed on the Order Form, which you acknowledge is a reasonable estimation of the replacement cost of the Equipment. Clearwire may periodically replace, upgrade, repoint, or otherwise modify any rented Equipment, and will repair or replace (as Clearwire deems appropriate in its sole discretion) any properly maintained rented Equipment that fails to operate as required for the delivery of Services. You may not modify any rented Equipment in any way.

6. Installation. As necessary, Clearwire or its authorized contractor may install the Equipment at your location (the “Premises”) for the installation charges noted on your Order Form. In addition, the provision of Service to your Premises may require additional antennas, equipment, or installation activities beyond those specified in your Order Form. In the event that such additional equipment or installation activities are required, and you decide to accept Service despite the need for such additional equipment or installation activities, you will be responsible for all applicable additional charges (which will be notified to you before you are required to decide to proceed). If you purchase additional Equipment from Clearwire, including an internal or external antenna and additional connection cabling, you may request Clearwire or its authorized contractor to install such Equipment at the Premises as specified in the Order Form, or you may provide for your own installation. Clearwire warrants that any installations performed by Clearwire will be free from defects in material and workmanship for a period of one (1) year from the date of the installation. This warranty excludes any damage resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with Equipment manuals or other documentation, or actual or attempted alteration of or additions to the Products not approved by Clearwire, all as determined in the sole discretion of Clearwire. By authorizing installation, you represent and warrant to Clearwire that you either own the Premises or have received permission from the owner of the Premises to make any changes to the Premises or outside the Premises necessary to install the Equipment and receive the Service, including securing riser or roof rights, if necessary. Further, you represent and warrant that the installation of the Equipment at the Premises will not violate any restrictions or agreements applicable to the Premises. You acknowledge that the installation representative may refuse to perform any custom installation work, or may require inside or external wiring to complete Service delivery at additional hourly or other charges. In the event you fail to keep an installation appointment or the Premises are not prepared to accept installation of the Equipment and Service, Clearwire may charge you a fee to recover any costs associated with an additional installation appointment. Clearwire will not be liable for any alterations or damage to the Premises that result from the installation, use, or removal of the Equipment, including, but not limited to, holes in walls or ceilings, cable wiring, or antenna mounting brackets, and will not be responsible for removing any of the Equipment or any costs related to the removal of the Equipment (including antennas and related cabling) at the end of the Term for any reason. You agree to indemnify Clearwire from any claims or liabilities associated with Clearwire’s installation of Equipment, including, but not limited to, claims by any owner of the Premises.

7. Clearwire’s Responsibilities. Clearwire will provide you with wireless connections to the Clearwire network. Clearwire’s responsibility for the Service ends at the Clearwire Equipment. In the event that you request a professional installation from Clearwire, Clearwire will install the Equipment as provided above, and configure one computer using its Ethernet port. Clearwire will not maintain or in any way be responsible for any software, cables, or hardware attached to the Equipment or in any way related or unrelated to the use of Service, including your internal network. Clearwire will provide customer care support during its standard business hours for performance and operational issues related to the Clearwire network. Please contact Clearwire Customer Care as set forth at www.clearwire.ie.

8. Your Responsibilities. If needed, you are responsible for providing access to the Premises as scheduled with Clearwire for the appropriate preparation and maintenance of the Premises to allow for proper installation, maintenance, and other activities of Clearwire in connection with the Equipment and Service. You are responsible for ensuring that your equipment has the minimum hardware and operating system requirements necessary to use the Equipment and Service. You are responsible for integrating and troubleshooting your local area network and internal network, as necessary. Clearwire will not be responsible for any loss of use of Service or degradation in performance resulting from your use of incompatible equipment or for any damage to any additional equipment you connect to the Equipment. You will reimburse Clearwire for any loss or damage to any rented Equipment, reasonable wear and tear excepted. In accessing the Service, you will utilize the troubleshooting guides and user information provided by Clearwire or available at www.clearwire.ie prior to contacting Clearwire Customer Care. Clearwire Customer Care will troubleshoot and support you on Service and Equipment issues pertaining to the Clearwire network and Service only, and reserves the right to determine that a problem or issue is your responsibility. In the event that you request a service call to your Premises and Clearwire determines that the problem is your responsibility, Clearwire reserves the right to charge your Card for the cost of the service call. You are liable for any and all liability that may arise out of the content transmitted by or to you or any person, whether authorized or unauthorized, using the Service and/or Equipment provided to you (“Users”). You shall assure that your or User’s use of the Services and content will at all times comply with all applicable laws, regulations written and electronic instructions for use and Clearwire’s Acceptable Use Policy. Clearwire reserves the right to terminate or suspend affected Services, and/or remove your or any other User’s content from the Services, if Clearwire determines that such use or content doer not conform with the requirements set forth in the Agreement (including, but not limited to these Terms and the Policies) or interferes with Clearwire’s ability to provide Services to you or others or receives notice from anyone that your or Users’ use or content may violate any laws or regulations. Clearwire’s actions or inaction under this Section shall not constitute review or approval of your or Users’ use or content. You will indemnify and hold Clearwire harmless against any and all liability arising from the content transmitted by or to you or to Users using the Services.

9. Credits. No credit or adjustment will be made for interruptions of the Service unless the interruption continues for a period of twenty-four (24) hours or more, measured from the time that you report the interruption to Clearwire. In the event of an interruption of the Service that continues for a period of twenty-four (24) hours or more, credit allowance will be made, at your written request, for an amount not to exceed the prorated monthly charges for your Service during the affected period. The credit will be available only where the interruption is in no part due to your acts or omissions whether negligent or otherwise or by interruptions caused by failure of any equipment or service not provided by Clearwire. The foregoing credit will be your sole and exclusive remedy for any interruption of the Service or any degradation of performance of the Service. In order to be eligible for any such credit, you must request the credit in writing within sixty (60) days of the commencement of the interruption. No credit will be available if the interruption period results from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with Clearwire instructions or the terms stated at www.clearwire.ie, or actual or attempted alteration of or additions to the Equipment or Service (sometimes collectively referred to herein as the “Products”) not approved by Clearwire, or from any problems with third party network elements that are not within the control of Clearwire, all as determined in the sole discretion of Clearwire.

10. Intended Use of the Service. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without Clearwire’s prior written consent. You will not use the Service in a manner prohibited by any Irish law or regulation, and will abide by Clearwire’s Policies, which set forth additional rules that govern your activity in connection with the Service. Without limiting the foregoing, you may not use the Equipment or Service, or allow the Equipment or Service to be used, for any abusive purpose or in any way that damages Clearwire’s property or interferes with or disrupts Clearwire’s network or other users. You may not attempt to circumvent user authentication or security of any host, network, or account (also known as “cracking” or “hacking”). This includes, but is not limited to, accessing data not intended for you, logging into a server or account that you are not expressly authorized to access, or probing the security of other networks. You may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to; “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. You may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s session, by any means, locally or via the Internet. You may not use the Service or take any action that will result in excessive consumption or utilization of Clearwire’s system or network resources, or which may weaken network performance, or which adversely affects the performance of the Services for other Clearwire customers, all as determined in Clearwire’s sole discretion. Such prohibited actions include, but are not limited to: using the Service to host a web server site which attracts excessive traffic at your Premises, continuously or continually uploading or downloading streaming video or audio, usenet hosting, or continuous FTP uploading or downloading. In the event that Clearwire detects excessive use by you, Clearwire may restrict your access to Clearwire’s network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or terminate your Service. Clearwire has the right but not the obligation to restrict any uses of the Equipment or Service that Clearwire believes in its sole discretion, violate the Agreement or applicable law.

11. Content and Materials Accessible on the Internet. You acknowledge that there are materials and content on the Internet or otherwise accessible through the Service which may not be in compliance with all Irish laws and regulations, and which may be sexually explicit, offensive, or otherwise objectionable to you. Clearwire assumes no responsibility for and exercises no control over the content or materials contained on the Internet or that is otherwise accessible through the Service. You access such materials at your own risk. If you decide to let children under the age of eighteen access the Service, Clearwire strongly recommends that you supervise their usage and ensure that your browser is configured to restrict inappropriate web content.

12. Illegal and Fraudulent Activity. You acknowledge that Clearwire may cooperate fully with investigations of possible illegal activity or violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Subscribers who violate systems or network security requirements may incur criminal or civil liability. Clearwire may immediately suspend or terminate your Service if Clearwire suspects abuse or fraudulent use of the Service, interference with our network, or violation of the Agreement. You will cooperate with us in any fraud investigation and use any fraud prevention measures Clearwire prescribes. Your failure to provide reasonable cooperation may result in your liability for all fraudulent usage.

13. Privacy; Monitoring the Service. Clearwire is under no obligation to monitor the Service, but Clearwire may do so from time to time. You agree that Clearwire may disclose any information regarding you or your use of the Service for any reason and at its sole discretion in order to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Service in an efficient manner, or to otherwise protect Clearwire’s property or legal interests and those of its subscribers, or to ensure your compliance with the Agreement. Please see Clearwire’s Privacy Policy.

14. Use of Service and Equipment Outside Ireland. Clearwire may support the use of its Equipment and Service by customers located in other countries. If your or User’s removal of the Equipment from Ireland violates any export control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless Clearwire against any and all liability for such violation.

15. Loss of Service Due to Power Failure. You acknowledge that the Service does not function in the event of power failure. A power failure or disruption may require you to reset or reconfigure Equipment prior to utilizing the Service.

16. Copyright / Trademark / Firmware / Software. The Service and Equipment and any firmware or software used to provide the Service, or embedded in the Equipment, or used in connection with the Services, and all Services, information, documents and materials delivered to you by Clearwire or located on Clearwire’s website are protected by trademark, copyright or other intellectual property laws. All names, service marks, trademarks, trade names, logos and domain names (collectively “Marks”) of Clearwire are and shall remain the exclusive property of Clearwire and nothing in the Agreement grants you the right or license to use any of such Marks. You acknowledge that you are not given any license to use any firmware or software under this Agreement. You agree that the Equipment is exclusively for use in connection with the Service. You shall not use the Service except by means of the Equipment. If you decide to use the Service using equipment not provided by Clearwire, you represent and warrant that you possess all required rights, including software and/or firmware licenses, to use that equipment with the Service and you agree to indemnify and hold harmless Clearwire against any and all liability arising out of your use of such equipment with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

17. Tampering with the Equipment or Service. You agree not to change the electronic serial number or equipment identifier of the Equipment, or to perform a factory reset of the Equipment, without express permission from Clearwire in each instance which Clearwire may deny in its sole discretion.

18. Theft of Equipment or Service. You agree to notify Clearwire immediately, in writing or by calling the Clearwire customer support line, if the Equipment is stolen or if you become aware at any time that your Service is being stolen or fraudulently used.

19. Service Distinctions. You acknowledge that the Service is not a telephone service. Important distinctions exist between telephone service and the enhanced Service offering provided by Clearwire. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before Irish telecommunications regulatory agencies.

20. Back Up. You acknowledge that the installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer equipment and/or loss of software, files, data, or peripherals. You acknowledge that you are solely responsible for backing up all existing computer files by copying them to another storage medium prior to installation, maintenance, repair, or removal of the Equipment. Neither Clearwire nor its subcontractors or equipment vendors will be liable for any loss of data or damage to hardware, software, or your Premises that occurs during installation of any Equipment or that results from any service performed on your computer in support of your Service.

21. Network Address Ownership. The internet protocol (“IP”) addresses that Clearwire assigns to you, including static IP addresses, are considered loaned to you, and not transferred or sold to you. You have no ownership or proprietary interest in such IP addresses. Such IP addresses will revert back to Clearwire upon the termination of your Service for any reason, or earlier if such change in IP address is reasonably necessary in the conduct of Clearwire’s business. You shall not assign to any other person the IP address assigned to you. You shall not program any other IP address into the Equipment.

22. Credit Reporting Agencies. You authorise us to ask consumer reporting agencies or trade references to furnish us with employment and credit information, and you consent to our rechecking and reporting personal and/or business payment and credit history. Upon receipt of adverse credit information about you at any time, Clearwire reserves the right to suspend or terminate Service to you or require a deposit for Service, at our option.

23. Termination / Early Termination Fee. You shall maintain Service for the duration of the Initial Term (as set forth on the Order Form). You may terminate the Service after the end of the Initial Term by contacting Clearwire’s Customer Care department as set forth at www.clearwire.ie and giving at least thirty (30) days’ notice in writing of termination. If you terminate your Service for any reason or your Service is terminated by Clearwire for any violation of the Agreement prior to the end of the Initial Term, you will be liable for an early termination fee of €200, or the value of the remainder of your contract, whichever is the smaller amount, or such other early termination fee as may be specified on your Order Form. Upon termination of this Agreement, you will be responsible for the costs and risks associated with returning the Equipment to Clearwire. You must return the rented Equipment to Clearwire in good working order, reasonable wear and tear excepted, in accordance with Clearwire’s return policy set forth at www.clearwire.ie. If you do not immediately return the Equipment in good working order, Clearwire may charge your Card account for €250, which you agree is an appropriate charge in light of the value of the Equipment.

24. Termination / Discontinuance of Service. If your Service is terminated by Clearwire for material breach of the Agreement you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus the early termination fee set forth in these Terms, all of which immediately become due and payable.

25. DISCLAIMER OF LIABILITY. (A) EXCEPT AS SET FORTH IN SECTION 5, THE SERVICE AND EQUIPMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, SAVE FOR STATUTORY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY CLEARWIRE EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY CLEARWIRE. NEITHER CLEARWIRE NOR IT AFFILIATES OR SUPPLIERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. WITHOUT LIMITING THE FOREGOING, THE QUALITY OF THE SERVICE MAY BE AFFECTED BY CONDITIONS WITHIN OR BEYOND OUR CONTROL, INCLUDING ATMOSPHERIC, GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS, OVERALL NETWORK USAGE LEVELS, NETWORK SIGNAL QUALITY, USER AND THIRD PARTY EQUIPMENT PERFORMANCE, INTERNET TRAFFIC LEVELS, AND OTHER FACTORS. CLEARWIRE WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OUTSIDE CLEARWIRE’S REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY FLOOD, FIRE, ACCIDENT, EMBARGO OR OTHER GOVERNMENTAL ACT OR DIRECTIVE, ABSENCE OF GOVERNMENTAL APPROVAL OR CONSENT, DELAY OR DEFECT IN DELIVERY BY SUPPLIERS, TRANSPORTATION DELAY OR UNAVAILABILITY, RIOT, WAR, ACT OF TERRORISM OR OF THE PUBLIC ENEMY, POWER OUTAGE, LABOUR DISPUTE OR SHORTAGE, THIRD PARTY NETWORK PROBLEMS, ACTS OR OMISSIONS OF UNDERLYING CARRIERS OR OTHER THIRD PARTIES, OR ACTS OF GOD. SERVICE IS ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE CLEARWIRE NETWORK, WHICH IS SUBJECT TO CHANGE. YOU ACKNOWLEDGE THAT SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, EQUIPMENT MODIFICATIONS OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF CLEARWIRE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICE FOR THE RECONSTRUCTION OF ANY LOST DATA OR FILES. ALTHOUGH SECURITY MEASURES ARE EMPLOYED, CLEARWIRE CANNOT GUARANTEE THE SECURITY OF DATA TRANSMISSION OR STORAGE, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICE. (B) NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, NEITHER CLEARWIRE NOR ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR HAVE ANY OTHER LEGAL OBLIGATION (I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO IT HEREUNDER DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY, (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES, PRODUCTS, OR RIGHTS, (III) FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET, (IV) FOR ANY ECONOMIC OR CONSEQUENTIAL LOSS, (v) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS, OR (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OF YOUR DATA OR ANY END USER’S DATA. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER BASIS, AND APPLY WHETHER OR NOT CLEARWIRE WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

26. Privacy. Clearwire will comply with the Data Protection Acts, the Freedom of Information Act and Clearwire’s own Privacy Policy.

27. Complaint Resolution/Notices. In order to notify Clearwire of a complaint you have regarding the Service or to receive further information regarding the use of the Service, please contact Clearwire Customer Care as set forth at www.clearwire.ie. Written notices to you will be effective three (3) days following the date deposited in the Irish postal service addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to Clearwire will be effective when directed to Clearwire’s Customer Care Department and received at the address set forth at www.clearwire.ie. Notices sent by email to you at your email address as stated in the Order Form, and email notices sent to Clearwire at the email address as stated at www.clearwire.ie, will be effective when sent. Notices must be in writing to be effective. Notices sent by email to the appropriate email address shall constitute written notice.

28. Amendments. Subject to applicable law, Clearwire may in its sole discretion amend any of the Terms or your Service Plan. Clearwire will provide notice to you of any material modification. If you do not agree to a modification that is materially disadvantageous to you, you may terminate the Agreement within twenty (20) days of the date we send our notice, and you will not be charged any Early Termination Fee. If you use the Service or make any payment to us after we mail notice of a material modification, and do not provide termination notice to us within the specified time period, you agree to that change, retroactive to the announced effective date of the modification. Clearwire may revise any Policy at any time, and such revisions will be effective immediately upon posting on Clearwire’s website, or providing written notice to you.

31. Assignment and Successors in Interest. All of the Terms will be binding upon, inure to the benefit of, and be enforceable by your respective successors and permitted assigns. Except as specifically stated herein, neither the Agreement nor any of your or Clearwire’s rights, interests, or obligations may be assigned or delegated by you without the prior written consent of Clearwire. Any unauthorized assignment or delegation will be null and void. Notwithstanding the foregoing, Clearwire may assign or otherwise transfer its rights and obligations under the Agreement without restriction.

32. Entire Agreement/Severability. This Agreement, including the Order Form, the Terms, your Service Plan, and the Policies (each as they may be amended from time to time) together contain the entire agreement and understanding concerning the Service and Equipment and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written, or oral. In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of the Agreement (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect.

33. ARBITRATION. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF IRELAND WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT ARE TO BE DETERMINED BY THE COURTS OF IRELAND.