This agreement between the customer and Kudzu networks explains terms and conditions of an internet service agreement. These Terms and Conditions are available at www.kudzunetworks.net and are subject to change without notice. By acknowledging this agreement, the Customer agrees to the Kudzu Networks Terms and Conditions, CPNI Policy, Access and Release Agreement, Privacy Policy and Acceptable Use Policy. These are available below, online, or upon request.

Bills are due on the 14th by 5:00 PM and are sent via email on the 1st of each month. Payments not received by the 14th are considered late and will be accessed applicable late fees (Delinquency Fee – $10). The service will be disconnected for non-pay until payment is received in full. Upon reconnect, a $20 reconnect fee will be added to the account.

TERMS AND CONDITIONS: Thank you for choosing Kudzu Networks for your internet needs. This document is important – please read it carefully. This Kudzu Networks internet service terms and conditions and all documents referred to herein (collectively the “Agreement”), are a legal Agreement between the Customer (“USER”) and Kudzu Networks and sets forth the terms and conditions by which Kudzu Networks will make available the services USER has elected to receive.

Kudzu Networks reserves the right to change or modify this Agreement at any time by posting the revised and updated Agreement on the Kudzu Networks website. Kudzu Networks may notify USER of any change by: Posting notice of changes on the Kudzu Networks’ website; notifying USER by email or the US Mail; and/or notifying USER on USERS monthly billing statement. USER should regularly review information posted online on the Kudzu Networks’ website. USER’s non-termination or continued use of services after changes are posted constitutes USER’s acceptance of this Agreement as modified by the posted changes.

This Agreement takes effect once the USER’S order for services has been accepted by Kudzu Networks and USER accepts services from Kudzu Networks. This Agreement shall continue until USER’s services are terminated in accordance with this Agreement. This Agreement governs both the services and any equipment provided by the Kudzu Networks.

SERVICES – Internet Access – KUDZU NETWORKS shall provide best-effort internet connections between the KUDZU NETWORKS provided Equipment and KUDZU NETWORK’s internet backbone. KUDZU NETWORKS is not responsible for download speeds beyond its network after it leaves the KUDZU NETWORKS network, as these are affected by several factors beyond KUDZU NETWORKS’s control. “Best-effort” as used herein is defined as remaining at the speeds advertised within the service plan purchased by USER throughout most of USER’s daily use. KUDZU NETWORKS reserves the right to interrupt those speeds if necessary for Equipment upgrades and network maintenance, and will do its best to inform USER of any such interruptions ahead of time. KUDZU NETWORKS shall have the unrestricted right to engage subcontractors in rendering services under this Agreement.

ACCEPTABLE USE – As a condition of use of the service, USER warrants to KUDZU NETWORKS that USER will use the service in accordance with the Internet Acceptable Use Policy of KUDZU NETWORKS as it may be updated from time to time.

The transfer of technology across national boundaries, including electronic transmission thereof, is regulated by the U.S. Government. USER agrees not to export, import, or re-export, (including without limitation by way of electronic transmission) any technology transmitted through KUDZU NETWORKS services without first obtaining any required export license or governmental approval. USER agrees it will not directly or indirectly export or re-export such technology to any of those countries listed from time-to-time in supplements to Part 770 to Title 15 of the Code of Federal Regulations in Country Groups Q,S,W,Y,Z. The parties acknowledge that the foregoing lists are subject to regulatory change from time-to-time.

KUDZU NETWORKS will cooperate fully with legal authorities in the investigation of suspected crimes or service abuses. USER agrees to indemnify and hold harmless KUDZU NETWORKS, its agents and representatives, from any and all claims, costs, losses, damages, liabilities and expenses, including reasonable attorney’s fees for any reason whatsoever, including without limitation, any harm, injury, loss or damage incurred by KUDZU NETWORKS, or any other party, arising out of USER’s breach of either this lawful use provision or KUDZU NETWORK’s Internet Acceptable Use Policy.

3. COPYRIGHT, UNAUTHORIZED USAGE OR DEVICE, FIRMWARE OR SOFTWARE – USER has not been granted any license to use the firmware or software used to provide the service or provided to the USER in conjunction with providing the service, or embedded in any Devices or Equipment, other than a non transferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. USER expressly agrees that any Device or Equipment is exclusively for use in connection with the service and that KUDZU NETWORKS will not provide any passwords, codes or other information or assistance that would enable USER to use such Device or Equipment for any other purpose. USER hereby represents and warrants that USER possess all required rights, including software and/or firmware licenses, to use any interface equipment that KUDZU NETWORKS has provided to USER. In addition, USER shall indemnify and hold KUDZU NETWORKS harmless against any and all liability arising out of USER’s use of such interface equipment with the service. USER 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.

USER shall not change the electronic serial number or equipment identifier of any Device or perform a factory reset of any Device without prior written consent from KUDZU NETWORKS. KUDZU NETWORKS reserves the right to terminate USER’s service if KUDZU NETWORKS believes, in Kudzu Networks’ sole and absolute discretion, that USER has tampered with any device. In the event of such termination, USER will remain responsible for any termination fees as provided in this Agreement. USER shall not attempt to hack or otherwise disrupt the service or make any use of the service that is inconsistent with its intended purpose.

SECURITY – USER can best control the risks associated with security, and therefore be solely responsible for maintaining and upholding the account security of their service. KUDZU NETWORKS will not be responsible for any disruption of service, corrupted files or viruses which affect the USER of the service. It is USER’s responsibility to safeguard USER’s network and equipment through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of USER’s service. USER is entirely responsible for any actions, damages, or costs incurred via their account, regardless of who is using that account.

SERVICE CHARACTERISTICS – Service Availability, due to the nature of the service technology, KUDZU NETWORKS reserves the right to deem the service unavailable to the USER up to, including, and after the installation. KUDZU NETWORKS assumes no liability whatsoever for any claims, damages, losses or expenses, arising out of or otherwise relating to the unavailability of the service in USER’s geographical area, for any reason, even where such unavailability occurs after installation of the service.

Performance level – Speed is a function of the traffic experienced upon the network architecture of the internet itself. KUDZU NETWORKS does not guarantee the maximum service performance levels but will make every reasonable effort to ensure the highest possible quality of service is always delivered. USER understands that any content that the USER may access through the service may be subject to “caching” at intermediate locations on the internet.

MANAGEMENT PRACTICES – Network Management – Providing quality internet service requires that we take steps to provide reasonable management of our network. USER understands, acknowledges and agrees that KUDZU NETWORKS may use various tools and techniques in order to efficiently and reasonably manage its network. Subject to non-harmful devices, nor do we unreasonably discriminate in transmitting lawful network traffic over a consumer’s internet access, again subject to our reasonable network management, The purpose for KUDZU NETWORKS’s network management techniques are to monitor and/ or prevent malicious content, spam and viruses, as well as to handle congestion on our network as described below.

In the ordinary course, USER should experience congestion only when there’s a problem with the network, not through normal usage. Accordingly, USER’s are not usage-limited at this time. In some instances, USER’s may experience degraded internet access, uploads, downloads or slower response in real-time applications. In general, a USER should only experience congestion when there’s a problem with the network, not in ordinary course.

IP Addresses – Internet Protocol (“IP”) addresses are not portable and are not assigned for independent administration or distribution. USER understands that IP assignments are not guaranteed, and may be modified as required by KUDZU NETWORKS and/or the American Registry for Internet Numbers.

EQUIPMENT – KUDZU NETWORKS will provide USER with authorized equipment for use with the KUDZU NETWORKS service. As a demarcation point the USER is responsible for equipment to provide wireless service beyond this point unless a package including this service includes such devices. USER will be responsible to pay for any damage to equipment provided by KUDZU NETWORKS and will be charged the cost of the equipment if not returned upon termination of the service.

CANCELLATION/TERMINATION/CHANGE IN SERVICE – If USER chooses to cancel the service at any point after the order is placed, but before the service has been installed, USER will not be invoiced for any service. IF USER wishes to cancel the service after installation, the USER may do so for any reason by providing notice to KUDZU NETWORKS at least thirty (30) days prior to the requested termination date. The USER’s notice to cancel/terminate service must be provided to KUDZU NETWORKS in writing.

Termination of the service does not affect USER’s obligations under this Agreement, including USER’s obligation to pay all fees for services rendered prior to termination, and any termination, processing, and administration fees incurred as a result of such termination. KUDZU NETWORKS accounts must be paid in full before a cancellation will be considered complete. Notification of termination only stops any further billing of services.

If all equipment provided by KUDZU NETWORKS is not returned within 30 days of cancellation or termination of service, USER agrees to pay KUDZU NETWORKS the fees as set forth in the Account Fees and Payment Terms Statement as it may be updated from time to time. USER authorizes KUDZU NETWORKS and its agents to charge the equipment replacement charge to the credit card on file with KUDZU NETWORKS. If KUDZU NETWORKS is unable to obtain a charge authorization for the full amount due, USER agrees to provide alternative payment in the form of a money order, cashier’s check, or other certified bank check within 10 days of notification of the amount due.

TERMINATION AND SUSPENSION BY KUDZU NETWORKS – Inappropriate use or abuse of the services by USER, as determined at the sole discretion of KUDZU NETWORKS, may result in account suspension, termination, and/or legal action. Inappropriate use or abuse of KUDZU NETWORKS services by others can be traced, documented, reported to appropriate authorities and may be prosecuted to the fullest extent of the law.

KUDZU NETWORKS may terminate your account immediately if it determines, in its sole discretion, that USER has violated any of the provisions of this Agreement, including but not limited to KUDZU NETWORK’s Internet Acceptable Use Policy. KUDZU NETWORKS reserves the right to unilaterally terminate or suspend an account at any time, without providing a reason. In the event of termination, account holders are still responsible to pay any fees that are still owed to KUDZU NETWORKS. The balance of any prepaid fees, after deducting all applicable charges and fees, will be refunded to the account holder. Any penalties for criminal action will be deducted from accounts owed before refunds are provided.

If USER’s service is terminated, USER will remain fully liable to KUDZU NETWORKS for all charges pursuant to this Agreement and any and all costs KUDZU NETWORKS incurs to collect such amounts, including, without limitation, collection costs and attorney’s fees.

FEES, PAYMENTS AND BILLING – Fees include, without limitation, set up or installation fees, monthly service fees, monthly equipment fees, and other fees as set forth below. KUDZU NETWORKS will invoice fees for services and any equipment in advance. If, during the first thirty (30) days of service, the USER is having service quality issues with the internet service which KUDZU NETWORKS is not able to fix, the USER may cancel the service and KUDZU NETWORKS may issue a refund of monies paid but only upon approval from the KUDZU NETWORKS Administration.

Other Fees – All KUDZU NETWORKS services are subject to additional fees, including, but not limited to unreturned equipment fee, insufficient funds fees, late fees, and reconnect fees as set forth in the Fees and Payment Terms Statement as it may be updated from time to time.

Payment Method and Timing – Accounts may be paid by money order, check or credit card. USER’s KUDZU NETWORKS account will be considered delinquent if payment is rejected for any reason. Payment terms, including due date and late payment policy, are as set forth in the Fees and Payment Terms Statement located at the end of this Agreement. Payment is in advance of service delivery for that month.

Late Fees and Service Interruption/Disconnection – KUDZU NETWORKS shall charge USER late and other applicable fees to recover the costs of dealing with late payment situations. These fees are in addition to all other fees. Additionally, KUDZU NETWORKS may interrupt or disconnect USER’s services for non-payment that have an outstanding balance. If a customer fails to contact KUDZU NETWORKS to pick up the equipment provided, a service charge will be added to the account for the unreturned equipment. The late terms and associated fees for each stage of the delinquency process are as set forth in the Fees and Payment Terms Statement, as it may be updated from time to time. The Fees and Payment Terms Statement also sets forth the appropriate intervals when USER’s account will be interrupted or disconnected. In all cases, if USER wants to resume or reconnect services, USER’s account must be brought current and USER shall be subject to a reconnection fee.

Fee Changes – USER acknowledges and agrees that KUDZU NETWORKS has the right to change its service fees and to add new fees at any time.

Promotion Disclaimer – Customers who sign up for service under a promotion must keep the service for a minimum of one one paid month. If the bill goes unpaid and the account status is changed to collections, the customer will owe all waived fees and services.. Any fees waived or discounted will be billed to the account.

USER Charges – USER acknowledges that USER may incur USER-initiated charges while using the services. For example, charges may be incurred as a result of USER accessing certain information, or purchasing or subscribing to certain offerings, via the internet. USER agrees that all such charges, including all applicable fees and taxes shall be paid by USER and are not the responsibility of KUDZU NETWORKS.

INSTALLATION AND ACCESS TO USER’S PREMISES – KUDZU NETWORKS will provide installation services at the USER premises at an agreed-upon price. As part of the installation process, access to the home may be necessary through the installation of underground cable. To begin this procedure, it will be required for the premises owner to locate and mark all existing underground utility or other underground facilities, wires, tubing, pipes, and structures that are on the property in the proposed installation area. Modifications to the inside wiring in USER’s house may be required, and USER hereby consents to and authorizes any such modifications. USER authorizes KUDZU NETWORKS, and its employees, agents, contractors, and authorized representatives to enter USER’s premises in order to install, maintain, inspect, repair, and remove the equipment and/or services. If USER is not the owner of the premises upon which the service is to be installed, USER represents and warrants that the consent of the owner of the premises has been obtained for KUDZU NETWORKS personnel and/or its agents to enter the premises for the purposes described above. USER shall indemnify and hold KUDZU NETWORKS harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement. USER will not remove equipment from the premises, modify the equipment in any way, or connect the equipment to any outlet other than the outlet to which the equipment was initially connected to by the KUDZU NETWORKS installer. For such charges as KUDZU NETWORKS may determine, KUDZU NETWORKS may relocate the equipment for USER within the premises at USER’s request. _ initial here

MOVING AND RECONNECTIONS – If USER moves and would like to relocate the service, USER must place a relocation request with KUDZU NETWORKS. This request must contain the requested date of service termination, the address and phone number of the new location, the prospective move-in date, and the requested transfer of service date. Upon receipt of a request from USER, KUDZU NETWORKS will suspend all monthly fees from the requested termination date until service relocation is completed. The maximum suspension is set forth in the Fee and Payment Term Statement section of this agreement. Upon transfer of USER’s account, USER agrees to continue to comply with all terms and conditions of this Agreement and the service originally agreed to. Billing cycle and service term will recommence upon activation of Kudzu Networks service at the new location. If KUDZU NETWORKS is unable to provide service to the USER’s new location this Agreement shall terminate, provided that (i) a KUDZU NETWORKS technician confirms and verifies that KUDZU NETWORKS is unable to provide service to the new address or (ii) USER provides proof and KUDZU NETWORKS confirms that the new location is outside of KUDZU NETWORKS’s service area (i.e. copy of utility bill at new address). If Kudzu Networks has not received sufficient information from USER to process the relocation order thirty (30) days after service termination date, this Agreement shall be considered terminated by USER and all applicable equipment fees etc… will be applied.

USER OBLIGATIONS – USER shall notify KUDZU NETWORKS immediately, in writing or by calling KUDZU NETWORKS customer service line, if any device is stolen or if USER becomes aware at any time that USER’s service is being stolen, fraudulently used or otherwise being used in an unauthorized manner, and a detailed description of the circumstances of the device theft, fraudulent use or unauthorized use of service. Failure to do so in a timely manner may result in the termination of USER’s service and additional charges, until such time as KUDZU NETWORKS receives notice of the theft, fraudulent use or unauthorized use of service. Failure to do so in a timely manner may result in the termination of USER’s service and additional charges. Until such time as KUDZU NETWORKS receives notice of the theft, fraudulent use or unauthorized use, USER will be liable for all use of the service using a device stolen from USER and any and all stolen, fraudulent or unauthorized use of the service.

USER will be liable for any and all liability that may arise out of the content transmitted by USER or to any person, whether authorized or unauthorized, using USER’s service or device. USER shall assure that all use of the service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. USER has been advised and acknowledges that the internet may contain information, materials, and language that may be deemed adult in nature and inappropriate or offensive. The USER is responsible for all information received, transmitted, and/or stored by the USER and the USER releases KUDZU NETWORKS from and agrees to indemnify KUDZU NETWORKS, its officers, directors, agents, and employees against any and all claims, losses or expenses relating to such information, materials and language. This indemnification shall survive any termination of this Agreement.

USER COMPLAINT RESOLUTION – KUDZU NETWORKS is working to provide the best service possible and welcomes USER’s ideas on how KUDZU NETWORKS can improve the quality of our service. USER can communicate USER’s views to KUDZU NETWORKS by calling or emailing support@kudzunetwork.net.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY – USER expressly agrees that KUDZU NETWORKS is not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another’s rights, and hereby releases KUDZU NETWORKS from any such claims based on the activities of third parties. KUDZU NETWORKS will not be responsible for any damages suffered by USER resulting from the use of their services. This includes loss of data resulting from delays, misdeliveries, or other delivery failures, or service interruptions caused by its own negligence or USER’s errors or omissions. Use of any information obtained by KUDZU NETWORKS is at USER’s own risk. USER specifically denies any responsibility for the accuracy or quality of information obtained through KUDZU NETWORKS provided services. THIS SERVICE AND/OR EQUIPMENT ARE PROVIDED TO USER “AS IS”, WITHOUT WARRANTY OF ANY KIND. NEITHER KUDZU NETWORKS NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. KUDZU NETWORKS DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO USER OR USER’S ACCOUNT WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED TO THE EXTENT ALLOWED BY LAW. KUDZU NETWORKS AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE OF THE SERVICE (INCLUDING EMAIL), EQUIPMENT FURNISHED BY THE KUDZU NETWORKS, OR KUDZU NETWORKS’S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICES; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A KUDZU NETWORKS INSTALLER, TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT KUDZU NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN THE EVENT, KUDZU NETWORKS’S CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD. USER HEREBY RELEASES KUDZU NETWORKS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. KUDZU NETWORKS IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO USERs BREACH OF THIS AGREEMENT.

INDEMNIFICATION – USER agrees to defend, indemnify and hold KUDZU NETWORKS, its officers, directors, agents, and employees harmless from any claims, losses and damages, including attorney’s fees, resulting from USER’s violation of any of the provisions of this Agreement or USER’s placement or transmission of any materials or content through its network, or from any and all use of USER’s account, with or without USER’s knowledge or consent, or from all claims, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) related to any action taken by KUDZU NETWORKS as part of KUDZU NETWORKS investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred, or to USER’s use of or inability to use KUDZU NETWORKS services, equipment or internet.

MISCELLANEOUS – Relationship — USER’s relationship with KUDZU NETWORKS is that of an independent contractor. USER is not an agent of KUDZU NETWORKS, and USER has no authority to obligate KUDZU NETWORKS by contract or otherwise.

Third Party Beneficiaries – No provision of this Agreement provides any person or entity or a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

Survival – The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.

Transferability and Assignment – USER shall not sell, transfer or assign this Agreement. USER’s account and right to use KUDZU NETWORKS services and system are not transferable without KUDZU NETWORKS’s prior written consent. USER agrees to protect its password and account and to keep them secure from unauthorized USERs and use, and to be solely responsible for the protection and security of USER’s password and account information.

Notices – Notifications of either party to this Agreement shall be effective upon receipt, or refusal of delivery, when deposited in the United States Mail, first class mail, certified or return receipt requested, postage prepaid, or when sent by a telefax, email, or a nationally recognized overnight delivery service, to KUDZU NETWORKS at 373 US HWY 82 E Cuthbert GA 39840 or the address of USER set forth on KUDZU NETWORKS’s records or such other address provided for such purposes.

Proprietary Rights – KUDZU NETWORKS grants USER a non-exclusive, non-transferable license to use the products and services provided hereunder. Title and property rights, including all intellectual property rights to such products and services, is and shall remain with KUDZU NETWORKS, whether or not they are embedded in any product. USER recognizes that the products and services used hereunder constitute valuable trade secrets of KUDZU NETWORKS and USER shall use their best efforts to protect and keep confidential any and all products and services used by USER and shall not attempt to copy, examine, in any way alter, or re-engineer, reverse engineer, tamper with, or otherwise misuse such products and services.

Jurisdiction/Venue/Choice of Law – USER agrees that exclusive jurisdiction of any claim or dispute with KUDZU NETWORKS or relating in any way to USER’s account or USER’s use of the services resides in the court of Georgia and that this Agreement shall be governed by Georgia Law. USER expressly consents to the exercise of personal jurisdiction in the courts of Georgia in connections with any such dispute. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement or compel performance thereof, the substantially prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.

Amendments – KUDZU NETWORKS may modify this service Agreement from time to time, and USER’s continued use of the service following notice of such modification shall be deemed to be USER’s acceptance of such modification. If USER does not agree to any modification of this Agreement, USER must immediately stop using the service and notify KUDZU NETWORKS of USER’s desire to cancel the service.

Information – USER hereby acknowledges that KUDZU NETWORKS and its affiliates may retain and use any information, comments or ideas conveyed by USER relating to the service (including any products and services made available on the service).

This information may be used to provide USER with better service. KUDZU NETWORKS may open and maintain a USER file.

Entire Agreement – This Agreement, including the service quote and any and all other documents and KUDZU NETWORKS policies referenced herein, constitutes the entire Agreement between KUDZU NETWORKS and USER pertaining to the subject matter hereof. KUDZU NETWORKS’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision of this Agreement and shall not be construed as a waiver of any provision or right.

Severability – In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealed judgment that any provision of this Agreement (or part thereof) is void, 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.

18. ACCEPTANCE – USER represents and warrants to KUDZU NETWORKS that USER is of lawful age to enter into this Agreement and that (i) USER has the full right, power and authority to enter into this Agreement and to perform the acts required of USER hereunder; and (ii) the acceptance of this Agreement by USER, and the performance by USER of its obligations and duties hereunder, do not and will not violate any agreement to which USER is a party or by which it is otherwise bound. By using and accepting service from KUDZU NETWORKS, USER acknowledges that they have read and understand the terms and conditions of this Agreement and agrees to be legally bound by all of the terms and conditions of this Agreement and any associated documents, the same as if USER had physically signed this Agreement. This Agreement supersedes all other written and oral communications or agreements with regard to the subject matter. Any waiver, modification or variation of any term or condition of this Agreement shall only be effective if in writing and/or in the form of a business contract signed by an authorized officer of KUDZU NETWORKS.

By providing KUDZU NETWORKS with USER’s telephone number, cell phone number(s), or email address, USER gives consent for KUDZU NETWORKS, or any of KUDZU NETWORKS’s agents (including collection agents), to contact USER at these numbers or email address, or any other phone number or email address that is later acquired for USER, and, to leave live or pre-recorded messages, text messages, or emails to the extent that such are necessary to enforce any part of this Agreement.

BY USER’S USE AND ACCEPTANCE OF THE SERVICE, USER IS INDICATING THAT USER HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

CPNI POLICY: KUDZU NETWORKS is devoted to keeping all customer personal and account information private. The privacy of our customers is a main priority, the customer has a right, and KUDZU NETWORKS has a duty, under federal law, to protect the confidentiality of CPNI.

As of June 1, 2016, services that constitute the CPNI agreement include information available on your account, such as your monthly bill, type of service, current charges on your account and technical information.

The term “customer proprietary network information,” is information that related to the quantity, technical configuration, type, destination, location, and the amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier, and that is made available to the carrier by the customer solely by virtue of the carrier-customer relationships and information contained in the bills pertaining to telephone exchange service or telephone toll service received by the customer of a carrier, except that such term does not include subscriber list information.

Customer name, address, phone number are not included in the CPNI agreement, internet access services are also not included.

At times, KUDZU NETWORKS may use the CPNI information on file to offer other services, products or deals to you. By allowing KUDZU NETWORKS to use CPNI, KUDZU NETWORKS can have access to provide customers with products and specific services that are more beneficial to specific needs of the customer. KUDZU NETWORKS asks for approval to use your CPNI to inform only you about services offered that you currently are subscribed to.

In the event, you have the right to revoke our use of CPNI, at any time by notifying our office at 706-643-4224. If denied permission, any services available to you will not change how KUDZU NETWORKS treats you as a customer.

Under Federal Law, KUDZU NETWORKS has to authenticate the identity of its customers prior to disclosing CPNI. Customers are able to discuss their services, billing, and account information with a KUDZU NETWORKS representative once the customers or caller’s identity has been verified.

Any approval or denial of approval for the use of CPNI outside of the service to which the customer already subscribes from KUDZU NETWORKS is valid until the customer’s or caller’s identity has been verified.

There are several ways to provide valid verification:

First, the customer provides the security code to a customer service representative, this code is generated at the time of sign up.

Second, a customer service representative calls back the phone number listed on the account for the customer to answer for verification.

Third, if the customer cannot answer the previous two ways, some security questions may be asked that were setup by the customer at the time of sign up to verify the customer. After verification the customer may set up a new password/pin number.

Any changes made to the account such as a new password/pin or security question changed, the customer will receive an email notification. If account information changes were not requested, call the office immediately.

KUDZU NETWORKS may be compelled to disclose CPNI to any person upon an affirmation written request by the customer. ACCESS AND RELEASE AGREEMENT:

This access and release agreement was made and entered into in favor of Kudzu Networks, a Georgia limited liability company and the Undersigned, with their address listed above.

WHEREAS, the Undersigned have requested that Kudzu Networks install broadband services in their home.

NOW, THEREFORE, in consideration of Kudzu Networks installing broadband services, and other good and valuable consideration, the receipt the sufficiency of which is hereby acknowledged, the Undersigned, does hereby grant the Kudzu Networks access to the Undersigned property and does hereby remise, release and forever discharge the Kudzu Networks, their successors and assigns, employees, agents, principals, representatives, heirs executors and administrators, from any claim for damage to Undersigned’s property. Owner hereby gives permission to Kudzu Networks, or the agents or assigns (including, but not limited to, employees, authorized consultants and/or contractors, or other designees authorized by the Kudzu Networks) to enter Undersigned’s residence to perform work. This permission is effective immediately upon the execution of this Agreement by Owner and the Kudzu Networks to install its equipment on the building or on the property as required to provide broadband services.

It is understood by the undersigned that this Release is given in contemplation of a future event and the undersigned do specifically acknowledge that the benefits the undersigned will receive from the Kudzu Networks are a valuable consideration flowing to each of the undersigned and this release is given in consideration of the bestowal of said benefits. The undersigned further declare and represent that no promise, inducement or agreement not herein expressed has been made to the undersigned and that this release contains the entire agreement by the parties hereto, and that the terms of the release are contractual and not a mere recital.

KUDZU NETWORKS and its affiliates may need to provide you with certain notices, agreements, terms and conditions, billing statements, or disclosures and any other documents in writing regarding our products or services. You agree that you will be able to review this agreement online, in addition to downloading and/or printing it. Your agreement to this E-sign Consent confirms your ability and consent to the electronic delivery from KUDZU NETWORKS, its affiliates, rather than in paper form, and to the use of electronic signatures in our relationship with you (“Consent”). If you choose not to agree to this consent, a paper form will be provided to you. Non-electronic copies can be provided upon request.