fiber to your home does not exceed 500 feet or requires a bore. For a longer distance or if a
bore is needed, SilverLight will work with you on a shared cost of construction. Another
scenario which may require a construction fee includes being in a build area after the
construction has been completed and the construction crews have moved to a new build
area.

2. Construction crews will most likely need to plow the fiber from the corner of the property to
where the power meter is located on the structure. However, the path may need to go in a
different location, but our construction crews will verify the route with the property owner
prior to construction.

3. SilverLight contractors will clean up the construction area of rock and debris, but the
property owner may need to water, reseed, or otherwise care for the area to restore to
original condition.

Property owner responsibilities:
1. The property owner is responsible to locate and visibly mark all private utilities such as:
propane gas lines, waterlines, septic systems, sprinklers, secondary power, etc. that are on
the property. Marked locations must be visible prior to scheduled construction.

2. The cost of repairing private utilities that are not located and visibly marked prior to
construction will fall on the property owner.

3. Verify the property owner or authorized agent.

4. Grant Approval via signature for construction on the property.
By signing up for a service connection, you give SilverLight permission to contact you regarding
construction by email, text or phone call using the information you provided. SilverLight is committed to
protecting your privacy. View our complete Privacy Policy at Silverlight-fiber.com
If you are in a current build area you will receive notification about the next steps. There are many
factors that can affect our plans such as back-ordered equipment and material, weather disruptions to
the construction timeline and other unforeseen circumstances.

Billing
Your monthly service invoices are sent from your internet service provider. If your payment will not
reach your provider by the due date, contact your internet service provider. In the case of delinquent
payment, you will work with your internet service provider.

Plans and Pricing
SilverLight does not set the pricing or the plans. Those are set and controlled by the internet service
providers. Any questions regarding plans or pricing should be directed to your service provider.

Equipment

SilverLight Owned Equipment:
A SilverLight owned optical network terminal (“ONT”) will be provided for your use to obtain internet
access. If you move or cancel service and do not leave the SilverLight -owned equipment in working
condition, a $100 fee will apply in addition to the cost of the SilverLight equipment. If the SilverLight
owned equipment fails, it will be replaced at no cost to you unless the cause was a result of your
damage to or your misuse of the equipment. In this case, a $100 replacement fee will apply. All
maintenance and repair of the SilverLight equipment shall be performed by SilverLight.

You may not sell, transfer, lease, relocate, or assign all or part of equipment owned by SilverLight. You
shall pay to SilverLight the full manufacturer’s suggested retail price for the replacement of any lost,
stolen, damaged, sold, transferred, leased, or assigned SilverLight equipment or part thereof, together
with any incidental costs incurred by SilverLight relating to the replacement of the equipment.
SilverLight may, at its option, install new or reconditioned equipment.

Security
SilverLight does not guarantee network or internet access security. If you use a connected device to
access business email or information, it is your responsibility to ensure the security of your personal
equipment.

Service Interruption
SilverLight is not responsible for failure to perform any obligation or provide any services hereunder due
to any Act of God or natural events, strikes, work stoppage, equipment or facilities shortages,
governmental acts, directives or abuse, war, riot or civil commotion, or any other force beyond our
immediate and reasonable control. Service may be interrupted for a variety of reasons, including
maintenance activities. Notice will be provided when possible.

Support and Repairs
All support and repair questions should go directly to your internet service provider.

Service Termination
You may be able to cancel service by contacting your internet service provider. Early termination fees
may apply, as they pertain to each individual service provider.

Information & Content
SilverLight is not a publisher of third-party information or content and is not responsible for any
opinions, advice, statements, or other information, services or goods provided by third parties. Any
information you involuntarily or voluntarily provide third parties is governed by their policies. Neither
SilverLight nor its content providers, service providers or other third parties shall be liable to you for any
loss or injury arising out of or caused, in whole or in part, by any information acquired through
SilverLight’s services. You acknowledge that every business or personal decision, to some degree or
another, represents an assumption of risk, and that neither SilverLight nor its content and service
providers or suppliers, in providing access to information, underwrites, can underwrite, or assumes your
risk in any manner whatsoever.

Internet Service
Connection speeds refer to the speed between your ONT and your internet service provider. Actual
speeds may fluctuate due to Internet congestion, server or router speeds, and other factors, which
cannot be controlled by SilverLight.

Bandwidth Management
The SilverLight Network is designed for typical use by average residential and small business users.
Computer activity resulting in excessive or sustained bandwidth consumption may burden the
SilverLight Network harming other user experiences and such usage may be restricted. Examples of
extraordinary use are sustained high usage during the day and evening and consumption of data greater
than 95% of other customers.

Network Management
The SilverLight Network is a shared resource among subscribers; SilverLight reserves the right to monitor
use, implement a specialized plan, and/or restrict the data throughput speeds for the top 5% of users on
a standard internet plan consuming extraordinary bandwidth. Our network management practices are
structured to provide high quality, consistent, reliable service to the majority of Network users.

It is your responsibility to ensure that your internet activities do not inhibit, disrupt, degrade, or impede
SilverLight’s ability to deliver and monitor services over its backbone, network nodes, and/or other
network services.

Extraordinary Use
SilverLight considers extraordinary use any bandwidth or data consumption that is significantly higher
than the majority of SilverLight Network end user typical usage and/or the national consumer average
consumption for which the SilverLight Network is designed.
How does SilverLight evaluate usage?

SilverLight uses network analysis tools to manage its network. These tools and techniques are dynamic,
like the network and its usage, and can and do change frequently. Our network analysis includes
collecting data on internet traffic patterns, bandwidth consumption, and primary types of use.
What services are restricted to Residential/Small Business service users?

Residential/Small Business Service does not provide the type of security, upstream performance, total
downstream throughput capability, or class of service typically associated with commercial use.
Examples of prohibited uses include, but are not limited to, running servers for mail (pop3 and smtp),
http, https, FTP, IRC, DHCP and multi-user interactive forums, broadcasting, traffic requiring sustained
throughput, providing network services to others via the SilverLight Network.

How does SilverLight address excessive or uncharacteristic use?
Should SilverLight, in its sole but reasonable discretion, determine that a Network user has exceeded the
Excessive Use threshold or is using the service in a manner significantly uncharacteristic of a typical user,
or appears in the top 5% tier multiple months in a row, SilverLight will work with the Network user’s
service provider to (i.) upgrade service; (ii.) adjust, suspend or terminate service; or (iii.) use any
technology to be chosen by SilverLight to restrict the user’s service for purposes of protecting the
SilverLight Network integrity.

Limitation of Liability:

SilverLight makes no representation that the network will be error free, uninterrupted, or free from any
unauthorized access. We shall not be responsible or liable to you or to any other person or entity for any
problem with the service provided (meaning any mistake, omission, interruption, delay, error, defect,
denial, lack of privacy, or other failure). Under no circumstances shall SilverLight be responsible or liable
to you or to any other person or entity for any other damage, loss or expense arising from the problem
or from your equipment, including but not limited to any loss of opportunity or profit, or any special,
incidental, or consequential damages.

The installation, use, inspection, alteration, maintenance, repair, or removal of the SilverLight
equipment may result in service outage or potential damage to your personal equipment. If you do not
back-up all existing computer files by copying them to another storage medium prior to such activities,
you understand and accept the associated risks of not making such a backup. In any event, SilverLight
shall have no liability whatsoever for any damage to, loss or destruction of your equipment, peripherals,
software, or data.

SilverLight shall not be responsible or liable to you or to any other person or entity for any act or
omission of any person or entity other than SilverLight, or due to any cause beyond the control of
SilverLight, including but not limited to, acts or omissions of other communications carriers, equipment
manufacturers, lack of security, government actions or inaction, license restrictions, court orders,
equipment failures, modifications, capacity limitations, vandalism, theft, criminal acts, terrorism, war, or
accidents. Any liability of SilverLight to you shall be limited to SilverLight and shall not entitle you to any
legal recourse against any owner, manager, employee, or any person representing SilverLight.

General Matters:
SilverLight may assign its rights, obligations, and liabilities under these Terms without notice to you. All
notices required hereunder must be in writing. Each notice to you shall be effective the day after
SilverLight deposits the notice in the U.S. mail, postage prepaid, addressed to you in accordance with
SilverLight records. Notices to SilverLight shall be effective only when delivered to an authorized
employee of SilverLight at its headquarters address. If any provision hereof is held to be unenforceable
or contrary to law, then the provision shall be revised, if possible, by the reviewing authority to the
minimum extent necessary to make the provision enforceable and legally valid and the remaining
provisions shall continue in effect.

Arbitration:
Any dispute or claim arising out of or relating to these Terms or to any product or service provided in
connection herewith (whether based in agreement, tort, statute, fraud, misrepresentation or any other
legal theory), will be resolved by arbitration as mutually agreed to by the you and us, except that (i.) you

may take claims to small claims court if they qualify for hearing by such a court, or (ii.) you or we may
choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us.
However, even for those claims that may be taken to court, you and we both waive any claims for
punitive damages and any right to pursue claims on a class or representative basis.

Indemnification:
In the event that any personal injury, property damage, distress, harassment, defamation, copyright
infringement, agreement breach or other harm is caused by you or any other person or entity while
using the SilverLight Network, or if you fail to perform or to act in accordance with any of these terms
and conditions, then you shall pay for and protect SilverLight against every resulting claim, suit, action,
loss, expense, or liability, including attorney’s fees and litigation expenses (including those on appeal).
Your protection of SilverLight under this paragraph shall also extend to SilverLight owners, managers,
employees, agents. The use of cellular devices while operating a motor vehicle may be prohibited by
law. It is your responsibility to obey all laws and you will indemnify SilverLight from such use.

Waiver of Punitive Damage Claims and Class Actions:
By this agreement to arbitrate set forth above, both you and we are waiving certain rights to litigate
disputes in court. If for any reason the arbitration clause is deemed inapplicable or invalid, you and we
both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages
and any rights to pursue any claims on a class or consolidated basis or in a representative capacity.

Attorney Fees:
You agree to pay any reasonable attorney fees and legal expenses incurred by SilverLight as a result of
your failure to comply with these Terms. In the event of legal action arising out of or related, hereto
including claims for non-payment of amounts owed, Madison County, Idaho shall be the exclusive
jurisdiction and legal venue for said action and these Terms and any related service shall be construed
according to the laws of the State of Idaho. These Terms supersede any previous agreements, verbal or
written.