Effective Date: December 1, 2024
Last Updated: June 1, 2025

By accessing or using any services provided by AS393941 LLC ("AS393941," "Company," "we," "us," or "our"), you ("Customer," "you," or "your") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not access or use our services.

AS393941 provides telecommunications and technology services including:

• Ground-to-Space Communications: Direct uplink services to spacecraft and satellite constellations
• Fiber to Business Services: High-speed fiber optic connectivity in Portage, MI and select areas of Snohomish, WA
• Fiber Broker Services: Fiber procurement and consulting in Denver, CO Metro Area
• Network Services: BGP peering, transit services, and custom networking solutions via ASN 393941
• IT Services: Infrastructure management and support for medical and critical infrastructure customers
• Cybersecurity Services: Security solutions tailored for healthcare and critical infrastructure sectors

Services are subject to availability in your geographic area and technical feasibility. We reserve the right to modify, suspend, or discontinue services with appropriate notice.

You may use our services for lawful business purposes consistent with these Terms and applicable laws.

You may not use our services to:

• Violate any applicable laws or regulations
• Transmit malicious software, viruses, or harmful code
• Engage in unauthorized access to networks or systems
• Transmit spam, unsolicited communications, or illegal content
• Interfere with network operations or other customers' use of services
• Bypass security measures or access controls
• Engage in activities that could damage our reputation or infrastructure

Customers in regulated industries must comply with applicable sector-specific requirements including HIPAA, NERC CIP, and other relevant standards.

We strive to maintain high service availability but do not guarantee uninterrupted service. Specific uptime commitments are detailed in individual Service Level Agreements (SLAs).

Service performance metrics are defined in your specific service agreement and may vary by service type and location.

Scheduled maintenance will be performed during designated maintenance windows with advance notice when possible.

You are responsible for:

• Maintaining the confidentiality of account credentials
• Promptly notifying us of any security breaches
• Ensuring authorized personnel access only
• Implementing appropriate security measures on your end

You must comply with:

• All applicable laws and regulations
• Industry-specific requirements (HIPAA, etc.)
• These Terms of Use and your service agreement
• Network usage policies and traffic management rules

You are responsible for maintaining compatible equipment and software required for service connectivity.

• Invoices are due within 30 days unless otherwise specified
• Late payments may result in service suspension
• Disputed charges must be reported within 60 days
• All fees are exclusive of applicable taxes

Modifications to services may result in billing adjustments effective from the change date.

Services may be suspended or terminated for non-payment after appropriate notice.

All intellectual property rights in our services, systems, and documentation remain our property or that of our licensors.

You retain ownership of your data transmitted through our services, subject to our Privacy Policy and applicable law.

We grant you a limited, non-exclusive license to use our services in accordance with these Terms.

Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

• Services are provided "as is" and "as available"
• We do not guarantee error-free or uninterrupted service
• Performance may be affected by factors beyond our control
• Third-party services and equipment may impact performance

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS PRECEDING THE INCIDENT.

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA.

For customers in critical infrastructure sectors, liability limitations may be modified by specific contractual agreements to address regulatory requirements.

You agree to indemnify and hold harmless AS393941 from claims arising from your use of services, violation of these Terms, or infringement of third-party rights.

We shall not be liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, or infrastructure failures.

You may terminate services in accordance with your service agreement terms.

We may terminate services immediately for:

• Breach of these Terms
• Non-payment of fees
• Illegal or harmful use of services
• Threat to network security or integrity

Upon termination, access to services will cease, and data backup/retrieval may be available for a limited time as specified in your service agreement.

These Terms are governed by the laws of the State of Washington, without regard to conflict of law principles.

Disputes shall be resolved in the courts of King County, Washington, or applicable federal courts.

Certain disputes may be subject to binding arbitration as specified in individual service agreements.

Our services comply with applicable FCC regulations and telecommunications laws.

Use of services must comply with U.S. export control laws and regulations.

We maintain compliance with relevant industry standards for security, privacy, and operational practices.

We may modify these Terms periodically. Material changes will be communicated through:

• Email notification to account contacts
• Posted notice on our website
• Direct communication for significant changes

Continued use of services after notification constitutes acceptance of modified Terms.

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

These Terms, together with your service agreement and Privacy Policy, constitute the entire agreement between you and AS393941 regarding the use of our services.

For questions about these Terms of Use:

AS393941 LLC
Email: legal@as393941.com
Address: 17610 Woodinville Snohomish Rd NE Unit 564, Woodinville, WA 98072

For technical support: support@as393941.com
For billing inquiries: billing@as393941.com

These Terms of Use are effective as of the date listed above and apply to all services provided by AS393941 LLC.