Terms of Service

Throughwire, a service of Meridian Networks LLC

Effective Date: May 1, 2026 Last Updated: May 1, 2026

Definitions
Acceptance of These Terms
Eligibility and User Representations
Description of the Service
Account Creation, Security, and Suspension
Acceptable Use
Fees, Billing, and Payment
Refunds and Cancellation
Intellectual Property
User Content and Conduct
Privacy
Third-Party Services
Disclaimers of Warranties
Limitation of Liability
Indemnification
Termination
Governing Law
Dispute Resolution and Arbitration
Class Action Waiver
Force Majeure
Modifications to These Terms
Notices
Assignment
Severability
Entire Agreement
Contact

1. Definitions

In these Terms of Service (the "Terms"):

"Company," "we," "us," or "our" means Meridian Networks LLC, a limited liability company organized under the laws of the State of New Mexico, United States of America, doing business under the brand name "Throughwire."
"Service" or "Services" means the Throughwire international encrypted network connectivity service, including the websites, mobile and desktop applications, application programming interfaces, dashboards, account portals, and any related software or documentation made available by the Company.
"User," "you," or "your" means the natural person or legal entity that creates an account, accesses, or uses the Service.
"Account" means the credentialed user record created by you to access the Service.
"Subscription" means a paid plan that grants access to the Service for a defined period and bandwidth allotment.
"Acceptable Use Policy" or "AUP" means the document published at /legal/acceptable-use, as amended from time to time, which is incorporated into these Terms by reference.
"Privacy Policy" means the document published at /legal/privacy, as amended from time to time, which is incorporated into these Terms by reference.
"Data Processing Addendum" or "DPA" means the document published at /legal/data-processing, as amended from time to time, which applies where the User is a business entity processing personal data through the Service in a controller capacity.
"Applicable Law" means all laws, statutes, regulations, ordinances, treaties, orders, decrees, and rules of any governmental authority that apply to the User, the Service, or the Company.
"Confidential Information" means any non-public information disclosed by one party to the other, in any form, that is identified as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure.

By creating an Account, accessing the Service, or clicking any button indicating acceptance of these Terms, you agree to be bound by these Terms, the Acceptable Use Policy, and the Privacy Policy. If you do not agree to any part of these Terms, you must not access or use the Service.

If you are entering into these Terms on behalf of a legal entity, you represent and warrant that you have the legal authority to bind that entity, and "you" or "User" will refer to that entity. If you do not have such authority, you must not accept these Terms on behalf of the entity and must not use the Service in that capacity.

These Terms constitute a binding contract between you and Meridian Networks LLC. They do not create a partnership, joint venture, employment, agency, or fiduciary relationship between the parties.

3. Eligibility and User Representations

3.1 Who May Use the Service

The Service is offered exclusively to:

(a) Business entities incorporated, formed, or registered outside the People's Republic of China, including without limitation entities incorporated in the United States, the European Union, the United Kingdom, Canada, Australia, Japan, Singapore, the Republic of Korea, the Republic of China (Taiwan), Hong Kong Special Administrative Region (subject to applicable sanctions screening), Macao Special Administrative Region (subject to applicable sanctions screening), and other recognized non-PRC jurisdictions; and

(b) Individual natural persons who are not citizens of the People's Republic of China, regardless of geographic location at the time of use.

3.2 Age Requirement

If you are an individual, you must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction of residence (whichever is greater), to create an Account or use the Service. The Company does not knowingly provide the Service to persons under the age of eighteen and will terminate any Account discovered to belong to a person under that age.

3.3 Sanctions and Restricted Persons

You represent and warrant that you are not, and you are not acting on behalf of any person who is:

(a) named on the U.S. Department of the Treasury Office of Foreign Assets Control ("OFAC") Specially Designated Nationals and Blocked Persons List, the OFAC Consolidated Sanctions List, or any other list maintained by the U.S. government identifying persons subject to sanctions;

(b) located in, ordinarily resident in, or organized under the laws of any country or territory subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), except to the extent permitted by applicable U.S. law;

(d) listed on the consolidated sanctions list maintained by the United Nations Security Council, the European Union, or His Majesty's Treasury of the United Kingdom; or

(e) otherwise prohibited from receiving the Service under Applicable Law.

The Company conducts sanctions screening on Accounts and reserves the right to refuse, suspend, or terminate Service to any person who appears on, becomes added to, or is otherwise determined to be a restricted person under Applicable Law.

3.4 Warranty by Account Creation

By creating an Account, you affirmatively represent and warrant that:

(a) you satisfy the eligibility requirements set forth in Sections 3.1, 3.2, and 3.3;

(b) the information you provide to the Company at registration and during use of the Service is true, accurate, and complete, and you will keep it current;

(c) your access to and use of the Service will at all times comply with all Applicable Law in your jurisdiction of residence, in any jurisdiction from which you access the Service, and in any jurisdiction whose laws are otherwise applicable to your conduct;

(d) you will not use the Service for any purpose prohibited by these Terms or the Acceptable Use Policy; and

(e) you understand that the Service is intended as international encrypted network infrastructure for foreign-affiliated organizations and their personnel, and is not marketed, designed, or offered for the circumvention of any specific jurisdiction's internet regulations.

These representations are made at Account creation and are deemed renewed each time you access or use the Service. A breach of these representations constitutes a material breach of these Terms and is grounds for immediate termination under Section 16.

3.5 Use at Your Own Risk in Restricted Jurisdictions

Some jurisdictions restrict, regulate, or prohibit the use of services that route or encrypt internet traffic across borders. The Company makes the Service available subject to your agreement that:

(a) you are solely responsible for determining whether your use of the Service is lawful in your jurisdiction;

(b) the Company makes no representation that the Service is legal, appropriate, or available for use in any particular jurisdiction; and

(c) if you choose to access or use the Service in a jurisdiction where doing so is restricted or prohibited, you do so at your own risk and on your own responsibility, and the Company disclaims all liability for any consequence of such use.

4. Description of the Service

4.1 General Description

The Service provides international encrypted network connectivity, allowing authenticated Users to route their internet traffic through infrastructure operated or contracted by the Company outside the People's Republic of China. The Service is delivered through software applications installed on User devices and through routing infrastructure maintained by the Company and its sub-processors.

4.2 No Specific Technical Promises

The Company continuously develops, modifies, and improves the Service. Specific protocols, encryption schemes, server locations, network paths, and operational details are subject to change without notice. The Company makes no commitment to maintain any particular technical configuration. Marketing materials describing technical features are illustrative and do not form part of these Terms.

4.3 Service Levels

Subject to Section 13 (Disclaimers of Warranties), the Company endeavors to provide the Service with reasonable diligence and care. The Company does not guarantee uninterrupted or error-free operation. The Service may be unavailable from time to time due to maintenance, infrastructure failure, network conditions, government action, or other circumstances inside or outside the Company's reasonable control.

4.4 Beta and Preview Features

The Company may make features available on a beta, preview, or experimental basis. Such features are provided "as is" and may be modified or withdrawn at any time. Use of such features is governed by these Terms and any additional terms presented at the point of access.

4.5 Updates

The Company may release updates, upgrades, patches, and modifications to the Service. You consent to the automatic delivery and installation of such updates as part of your continued use of the Service.

5. Account Creation, Security, and Suspension

5.1 Registration

To use the Service, you must create an Account by providing the information requested at registration. You must provide accurate and complete information and keep it current.

5.2 Credentials

You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account, whether or not authorized by you. You must notify the Company promptly at info@throughwire.net of any suspected or actual unauthorized use of your Account.

5.3 One Account Per User

Unless expressly permitted by your Subscription tier, each User may maintain only one Account. The Company may, at its discretion, consolidate or terminate multiple Accounts that appear to be held by the same User.

5.4 Suspension

The Company may suspend access to all or part of the Service, with or without prior notice, where:

(a) the Company reasonably believes that suspension is necessary to investigate a suspected violation of these Terms or the Acceptable Use Policy;

(b) the Company reasonably believes that suspension is necessary to protect the security, integrity, or availability of the Service or its users;

(d) your Account is in arrears or your payment method is invalid; or

(e) the Company has reasonable grounds to suspect fraud, sanctions exposure, or other risk associated with your Account.

Where reasonably practicable, the Company will inform you of the reason for suspension and what is required to restore Service.

You may not transfer, sublicense, rent, lease, or share your Account credentials with any person who is not an authorized User under your Subscription. Authorized seat counts are defined by your Subscription tier.

6. Acceptable Use

Your use of the Service is governed by the Acceptable Use Policy, which is incorporated into these Terms by reference. The Acceptable Use Policy describes prohibited activities, the Company's right to investigate suspected violations, and the consequences of violation. By accepting these Terms you agree to comply with the Acceptable Use Policy in full.

A violation of the Acceptable Use Policy is a material breach of these Terms and may result in immediate suspension or termination of your Account, in addition to any other remedies available to the Company under these Terms or Applicable Law.

7. Fees, Billing, and Payment

7.1 Fees

You agree to pay all fees applicable to your Subscription as published at the time of purchase, plus any applicable taxes, duties, and similar government charges. Subscription tiers, included bandwidth, and pricing are described on the Service's pricing page and are incorporated into these Terms upon purchase.

7.2 Payment Processor

The Company uses Stripe, Inc. ("Stripe") as its payment processor. By providing payment information, you authorize the Company and Stripe to charge the applicable fees to your designated payment method. You agree to be bound by Stripe's terms of service and privacy policy in connection with the payment relationship. The Company does not receive or store full payment card numbers; payment card data is collected and processed by Stripe under Stripe's PCI-DSS compliant systems.

7.3 Billing Cycle

Unless otherwise specified at purchase, Subscriptions renew automatically on a monthly cycle. Each renewal will be charged to the payment method on file in advance of the new billing period. You may cancel auto-renewal at any time from your Account dashboard or by contacting the Company at info@throughwire.net; cancellation takes effect at the end of the then-current billing period.

7.4 Failed Payments

If a payment is declined, the Company may retry the charge, suspend the Service until payment is received, or terminate your Account. You are responsible for any fees, charges, or interest imposed by your payment provider as a result of failed payments.

7.5 Pricing Changes

The Company may change Subscription pricing from time to time. Pricing changes will not take effect for an existing Subscription until the next renewal period and will be communicated to you with reasonable advance notice (no less than thirty (30) days) before they take effect. Continued use of the Service after a pricing change takes effect constitutes acceptance of the new pricing.

7.6 Taxes

You are responsible for all taxes, levies, duties, and similar governmental assessments associated with the Service (excluding taxes based on the Company's net income). The Company may collect applicable sales tax, value-added tax, goods and services tax, or similar taxes as required by Applicable Law.

7.7 Currency

All fees are stated in United States Dollars (USD) unless expressly noted otherwise. Currency conversions performed by your payment provider are subject to that provider's exchange rates and fees.

8. Refunds and Cancellation

8.1 Cancellation by You

You may cancel your Subscription at any time through the Account dashboard or by contacting info@throughwire.net. Cancellation stops auto-renewal but does not entitle you to a refund of fees already paid for the current billing period, except as set out in Section 8.2.

8.2 Pro-Rata Refund of Unused Days

Where you cancel a monthly Subscription before the end of the billing period, the Company will provide a pro-rata refund of fees corresponding to the unused full days remaining in that period, calculated from the date the Company processes your cancellation request. This Section 8.2 does not apply where the Account is terminated by the Company under Section 16 for breach of these Terms or the Acceptable Use Policy.

8.3 No Refund for Bandwidth Already Consumed

Bandwidth consumed during a billing period is not refundable. The Company calculates the pro-rata refund described in Section 8.2 by reference to time elapsed in the period, not bandwidth used.

8.4 Termination by the Company for Cause

If the Company terminates your Account for cause under Section 16, no refund will be issued. If the Company terminates your Account other than for cause, the Company will issue a pro-rata refund of unused days as described in Section 8.2.

9. Intellectual Property

9.1 Company Ownership

As between the parties, the Company and its licensors own all right, title, and interest in and to the Service, the Throughwire and Meridian Networks marks, the software, code, designs, documentation, content, and all other intellectual property associated with the Service, including all patents, copyrights, trademarks, trade secrets, and other proprietary rights. Except as expressly granted in these Terms, no rights are granted to you, by implication, estoppel, or otherwise.

9.2 Limited License to You

Subject to your compliance with these Terms and your continued payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal, lawful use during the term of your Subscription.

9.3 Restrictions

You will not, and will not permit any third party to:

(a) copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Service or any component of it;

(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent such restriction is prohibited by Applicable Law;

(d) use the Service to develop, train, benchmark, or improve a competing service;

(e) use any robot, scraper, or automated means to access the Service except as expressly authorized in writing by the Company; or

(f) use the Service in a manner that violates the Acceptable Use Policy.

9.4 Feedback

If you submit feedback, suggestions, or ideas to the Company regarding the Service ("Feedback"), you grant the Company a worldwide, royalty-free, perpetual, irrevocable, sublicensable, transferable license to use, reproduce, modify, and incorporate such Feedback for any purpose. You waive any right to compensation in connection with such Feedback.

9.5 Trademarks

"Throughwire" and "Meridian Networks" and any associated logos are trademarks of Meridian Networks LLC. You are not granted any right or license to use these marks except as expressly authorized in writing.

10. User Content and Conduct

The Service does not provide a content publishing or hosting platform. The Company does not host or store the substantive content of communications transmitted through the Service. Section 4 of the Privacy Policy describes what data the Company does and does not retain.

You are solely responsible for the content of any communications you transmit through the Service and for your conduct while using the Service. The Company has no obligation to monitor User communications and assumes no responsibility for User content. Where the Company becomes aware of activity that may violate Applicable Law or the Acceptable Use Policy, it reserves the right to investigate and act in accordance with these Terms.

11. Privacy

The Company's collection, use, and disclosure of personal data in connection with the Service is governed by the Privacy Policy, which is incorporated into these Terms by reference. By accepting these Terms you acknowledge that you have read and understood the Privacy Policy.

Where you are a business entity using the Service to process personal data of your own employees, contractors, or other data subjects in a controller capacity, the Data Processing Addendum applies and is incorporated into these Terms upon Subscription.

12. Third-Party Services

The Service may interoperate with, link to, or rely upon third-party services, including without limitation Stripe (payments), Mercury Technologies, Inc. (banking), and the infrastructure providers listed in the Privacy Policy and DPA. The Company is not responsible for the acts, omissions, or terms of any third-party service. Your use of any third-party service is governed by that service's own terms and privacy policy.

13. Disclaimers of Warranties

13.1 As-Is Service

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL ASSOCIATED SOFTWARE, MATERIALS, AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AVAILABILITY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

13.2 No Guarantee of Performance

THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL ACHIEVE ANY PARTICULAR SPEED, LATENCY, OR THROUGHPUT, OR THAT IT WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OR THIRD-PARTY SERVICE.

13.3 No Guarantee of Anonymity or Bypass

THE COMPANY DOES NOT WARRANT THAT THE SERVICE PROVIDES ANONYMITY, UNDETECTABILITY, OR THE ABILITY TO BYPASS ANY GOVERNMENTAL FIREWALL, NETWORK FILTER, OR ACCESS CONTROL. THE COMPANY MAKES NO REPRESENTATION REGARDING THE LEGAL STATUS OF THE SERVICE IN ANY PARTICULAR JURISDICTION.

13.4 No Reliance for Critical Use

THE SERVICE IS NOT DESIGNED OR INTENDED FOR USE IN ANY APPLICATION WHERE FAILURE COULD RESULT IN DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU ASSUME ALL RISK ASSOCIATED WITH ANY SUCH USE.

13.5 Statutory Rights

Some jurisdictions do not allow the exclusion of certain warranties. To the extent the foregoing exclusions are unenforceable in your jurisdiction, the Company's warranties are limited to the minimum scope and duration required by Applicable Law.

14. Limitation of Liability

14.1 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14.2 Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION 14 APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14.4 Statutory Limits

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. To the extent the foregoing limitations are unenforceable in your jurisdiction, the Company's liability is limited to the minimum extent permitted by Applicable Law.

14.5 Allocation of Risk

You acknowledge that the fees charged by the Company reflect the allocation of risk set out in this Section 14, and that the Company would not be able to provide the Service on the economic terms offered without these limitations.

15. Indemnification

15.1 By the User

You will defend, indemnify, and hold harmless the Company, its affiliates, and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) your breach of these Terms, the Acceptable Use Policy, or the Privacy Policy;

(b) your violation of any Applicable Law or third-party right;

(d) any inaccurate or incomplete representation made by you under Section 3; or

(e) any dispute between you and a third party arising out of your use of the Service.

15.2 Procedure

The Company will provide you with prompt written notice of any claim subject to indemnification, and you will have control of the defense and settlement of the claim, provided that:

(a) you may not settle any claim without the Company's prior written consent (not to be unreasonably withheld) unless the settlement unconditionally releases the Company from all liability and contains no admission of fault on the Company's part; and

(b) the Company may participate in the defense at its own expense and with counsel of its choice.

16. Termination

16.1 Termination by You

You may terminate your Account at any time as described in Section 8.1.

16.2 Termination by the Company for Cause

The Company may terminate your Account, in whole or in part, with or without prior notice, where:

(a) you materially breach these Terms, the Acceptable Use Policy, or the Privacy Policy and, where the breach is curable, fail to cure within fourteen (14) days of receiving notice from the Company;

(b) you engage in conduct that the Company reasonably determines presents a security, legal, or reputational risk to the Company, the Service, or its users;

(d) the Company is required to do so by Applicable Law, valid legal process, or sanctions screening;

(e) you become subject to any insolvency or bankruptcy proceeding; or

(f) your payment is overdue and remains unpaid after a reasonable cure period.

16.3 Termination Without Cause

Either party may terminate the Subscription on no less than thirty (30) days' notice for any reason or no reason. The Company will issue a pro-rata refund of unused days as described in Section 8.2 where the Company terminates without cause.

16.4 Effect of Termination

Upon termination, your right to access and use the Service ceases immediately. Sections 1, 9, 11, 13, 14, 15, 17, 18, 19, 20, 22, 23, 24, 25, and 26 will survive termination, together with any other provision that by its nature should survive.

16.5 Data Deletion on Termination

The Company will delete or anonymize your Account data in accordance with the retention schedule set out in the Privacy Policy and the data return and deletion provisions of the Data Processing Addendum, where applicable, except where retention is required by Applicable Law.

17. Governing Law

These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms or the Service, are governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18. Dispute Resolution and Arbitration

18.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, the parties will attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through informal negotiation. Either party may initiate informal negotiation by sending written notice to the other party (the Company's notice address is set out in Section 22). The parties will have thirty (30) days from the date of such notice to attempt to resolve the dispute. Neither party may commence arbitration before the expiration of this thirty (30) day informal resolution period.

18.2 Binding Arbitration

If the dispute is not resolved within the informal resolution period, the dispute will be resolved by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (or, for disputes exceeding USD $250,000, its Comprehensive Arbitration Rules and Procedures), except as modified by these Terms. The arbitration will be conducted in English by a single arbitrator. The seat of arbitration will be Albuquerque, New Mexico, United States of America, although hearings may be conducted by videoconference at the parties' agreement.

18.3 Arbitrator's Authority

The arbitrator will have authority to grant any remedy that would be available in a court of law, including injunctive and equitable relief, but may not award punitive or exemplary damages where such damages are not available under Applicable Law. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

18.4 Costs

Each party will bear its own costs and attorneys' fees in arbitration, except that the arbitrator may award reasonable attorneys' fees and costs to the prevailing party where Applicable Law so provides. JAMS administrative fees and the arbitrator's compensation will be borne in accordance with the applicable JAMS rules.

18.5 Exceptions

Notwithstanding this Section 18:

(a) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop infringement or misappropriation of intellectual property rights, breach of confidentiality obligations, or other conduct that would cause irreparable harm; and

(b) either party may bring a claim in small claims court if the claim qualifies for that forum.

18.6 Opt-Out

You may opt out of the arbitration agreement in this Section 18 by sending written notice of your decision to opt out to info@throughwire.net within thirty (30) days of first accepting these Terms. Your notice must include your name, the email address associated with your Account, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms.

19. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS DETERMINED TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THAT CLAIM OR REQUEST FOR RELIEF WILL BE SEVERED FROM ARBITRATION AND BROUGHT IN A COURT OF COMPETENT JURISDICTION, WHILE THE REMAINING CLAIMS PROCEED IN ARBITRATION.

20. Force Majeure

The Company will not be liable for any failure or delay in performance under these Terms (other than your obligation to pay fees) caused by events beyond its reasonable control, including without limitation:

(a) acts of God, fire, flood, earthquake, severe weather, or other natural disaster;

(b) war, armed conflict, terrorism, civil unrest, or insurrection;

(d) public utility, telecommunications, or internet infrastructure failure;

(e) failure, interruption, or disruption of the public internet, including effects of national-scale internet filtering, throttling, or blocking by governmental authorities;

(f) governmental action, including changes in law, embargoes, sanctions, court orders, license revocations, or seizure of equipment;

(g) action by a sub-processor, supplier, or other third party where the Company has used commercially reasonable efforts to mitigate the impact;

(h) cyberattack, distributed denial of service, or other malicious interference;

(i) public health emergency, pandemic, or quarantine; or

(j) any other event of a similar nature.

The Company will use commercially reasonable efforts to resume performance as soon as reasonably practicable.

21. Modifications to These Terms

The Company may modify these Terms from time to time. Where modifications are material, the Company will provide notice to you by email to the address associated with your Account, by in-product notification, or by posting a notice on the Service, in each case at least thirty (30) days before the modifications take effect. For non-material modifications, the Company may update the Last Updated date at the top of these Terms. Continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modifications, you may terminate your Account before the effective date of the modifications.

22. Notices

22.1 Notices to You

The Company may send notices to you by email to the address associated with your Account, by posting on the Service, or by in-product notification. You are responsible for keeping your email address current.

22.2 Notices to the Company

You must send notices to the Company by email to info@throughwire.net and, where the matter is a formal legal notice, also by mail to:

Meridian Networks LLC 1209 Mountain Road Pl NE, Ste N Albuquerque, New Mexico 87110 United States of America

Notice is deemed effective on receipt.

23. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without the Company's prior written consent. Any attempted assignment in violation of this Section is void. The Company may assign or transfer these Terms to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without your consent. These Terms will bind and benefit the parties' respective successors and permitted assigns.

24. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to render it valid, legal, and enforceable, or, if such modification is not possible, severed from these Terms. The remaining provisions will continue in full force and effect, and the parties agree to negotiate in good faith a substitute provision that as closely as possible reflects the parties' original intent.

25. Entire Agreement

These Terms, together with the Acceptable Use Policy, the Privacy Policy, and (where applicable) the Data Processing Addendum and any order form or quote signed by the parties, constitute the entire agreement between you and the Company concerning the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, on the subject. In the event of a conflict between these Terms and any other document referenced herein, the order of precedence is: (1) signed order form or quote, (2) DPA, (3) these Terms, (4) Acceptable Use Policy, (5) Privacy Policy.

No waiver by either party of any breach is a waiver of any subsequent breach. The Company's failure to enforce any provision of these Terms is not a waiver of that provision.

The headings in these Terms are for convenience only and do not affect interpretation.

26. Contact

If you have questions about these Terms, please contact:

Legal: info@throughwire.net Privacy: info@throughwire.net

Mailing address:

Meridian Networks LLC 1209 Mountain Road Pl NE, Ste N Albuquerque, New Mexico 87110 United States of America

These Terms are effective as of the Effective Date stated above and will remain in effect until modified or terminated as provided herein.