Terms of Service
- Fixed Wireless
This Agreement between HiSpeed4U. located at 788 County Rd
216, Durango, Colorado 81303 (hereinafter referred to as
"Company") and customer defined within page one, section II
(hereinafter referred to as "Subscriber") which shall be
effective upon the completion of connection and shall
remain in effect as per page one, section III as "term" of
contract.
Provision
of Services:
Company will provide services on its computing and network systems with
a minimum of 256 kbps with a 99% up time. Company will also
provide the installation of necessary equipment (which includes but is
not limited to radio, cable, lightning protection, antennas & standard
mounting equipment with an entry point into the house) to
Subscriber in exchange for payment of fees and compliance with the terms
and conditions of this agreement. Company's services are defined as the
use by the Subscriber of computing, telecommunications, USENET newsgroups
and information services provided by Company and any access to computing,
telecommunications, software, and information services provided by others
via the Global Internet or private interactions.
Connection/Installation
Fees:
Rates shall be defined on page one, section III and will be
adhered to as per definitions outlined herein.
Payment
Policies & Terms:
Subscriber shall be billed on their "Expiration Date" of
each month, one month in advance. Payment by Subscriber
shall be due to Company within fifteen (15) days from the
date of the invoice. A thirty-dollar ($30.00) late payment
fee shall be assessed on any account not paid within
fifteen (15) days of invoice. Accounts remaining unpaid for
thirty (30) or more days shall be deemed delinquent.
Delinquent accounts shall accrue interest at 21% per month
on all outstanding principle amounts until paid. Delinquent
accounts shall be placed on "accounting hold" and all
services to the Subscriber shall be suspended until the
account is paid in full. In the event that a balance is
unpaid for sixty (60) or more days are subject to
collection and will continue to accrue interest and be
liable for any legal fees. For any subscriber account that
has been placed on suspended service there shall be due a
Fifty Dollar ($50.00) reconnection charge to reactivate
Subscriber's services and are not covered under any service
agreement.
Account
Termination:
Subscriber may terminate this Agreement by submitting a
written request for termination (email, fax or U.S. Mail)
to Company at the address listed in this agreement.
Requests received by Company prior to close of business on
the twenty-fifth day of the month shall have a termination
date of the first day of the month following the receipt of
the termination request. Termination requests received by
Company after the close of business on the twenty-fifth day
of the month through the end of that month shall have a
termination date of the first day of the second month
following the date of receipt. Any Agreement terminated
under this provision shall be subject to a termination fee,
which shall equal thirty percent (30%), of the remaining
monthly fees due under this Agreement from the date of
termination to the end of the Agreement term including
service contracts, or the remaining balance of the contract
which ever is less. In the event of termination under this
provision by a Subscriber all amounts remaining due and
owing to Company including aforesaid termination fee, shall
be due within thirty (30) days of termination. Accounts not
paid within thirty (30) days of termination shall be deemed
delinquent.
Additional
Fees:
In the event that special construction, or additional
equipment including but not limited to, longer cable,
additional grounding, higher tower or mast hardware, or
specialized antennas, an additional fee will be required
for said equipment and any additional labor not included in
the standard install. Additional labor is billed per page
one, section III, subsection "a)".
Equipment
& Scope of Work:
All equipment, (radios, antennas & standard mounting
equipment), except for equipment purchased and paid for in
full by the Subscriber, will at all times remain the
property of Company. Subscriber may not sell, transfer,
lease, encumber or assign all or part of the equipment to
any third party. Subscriber shall pay for the full retail
cost of, or the repair or replacement of any lost, stolen,
unreturned, damaged, sold, transferred, leased, encumbered,
or assigned equipment or part thereof, together with any
costs incurred by Company in obtaining or attempting to
obtain possession of any such equipment. On expiration or
termination of this Agreement, Subscriber authorizes
Company to retrieve from Subscriber's premises equipment
for appropriate disposition, that is owned by Company.
Non
Standard Connections:
In the event of an aborted connection due to insufficient
line of sight to an access point, Subscriber will receive a
report of the connection options available. The report will
include optional mounting configurations and their
respective costs. Subscriber may at that time choose one of
the available options or decline services. If the
Subscriber declines services, Subscriber will be refunded
all deposits made, less any equipment the Subscriber
decides to retain or purchase. This does not include any
services requested by Subscriber and fully rendered by
Company where service charges apply.
Expedited
Connections:
Expedited connections with four (4) business days or less
will incur a Five Hundred Dollar ($500) expedite charge.
Permitting
& Landlord Approval:
It is the Subscriber's responsibility to obtain any
required permits or to gain landlord approval for the
placement of the antenna and installation regarding the
Subscriber building. Company may assist you or provide this
service for you at an additional charge outlined on page
one, section III, subsection "a)". This is applicable to
the property listed at the installation address contained
on page one, section II that is under rental or lease
contract by Subscriber. Company is not responsible for
property contract violations, damage, or other results of
this installation if subscriber or it's affiliates proposes
ownership or false landlord. No signature below implies
ownership of premises.
Landlord consents to the installation, maintenance, and
removal of the equipment described herein and required by
Subscriber to receive Company's services.
_______________________ _____________________
____/____/20____ Landlord Name (Please Print) Landlord
Signature
Standard
Maintenance:
Company's connection point ends at the wireless radio or
LAN jack on our router. Any trouble beyond our network or
equipment is the full responsibility of the Subscriber and
their subsequent Network Administrator or vendor. Standard
maintenance is limited solely to Company's network and
backbone connectivity. If your connection ceases to
function properly after it has been tested and shown to be
working, but Company's network is still functioning
properly, a technician will be sent to trouble shoot during
normal business hours (9AM-5PM, Monday-Friday). If the
problem is due to subscriber negligence, or any of those
items listed in the "Not Covered by Maintenance Plan or
Standard Maintenance Plan" section, standard hourly rates
apply.
Maintenance
Plan:
Subscriber has the option to select a desired response time
and associated cost. Maintenance Plans available upon
request or as applicable on page one, section III.
Not
Covered by Maintenance Plan or Standard Maintenance
Plan:
Maintenance, repair or replacement of parts damaged or lost
through act of God, catastrophe, accident, lightning,
neglect, misuse, transportation, theft, fault or negligence
of Subscriber or causes external to the wireless system,
such as, but not limited to failure of, or faulty,
electrical power or air conditioning, operator error, or
malfunction of Subscriber computer and/or peripheral
equipment not installed by Company, or from any cause
related to or other than the intended and ordinary use.
Antenna re-aiming due to obstructions such as trees or
buildings, or storm related damage. Any re-aiming of
antennas, or reconstruction of tower/mast assemblies will
be billed to the Subscriber at standard hourly rates and
may be subject to equipment costs. Company is not liable
for any damage to property as a result of above
occurrences.
Warranties:
All Company provided equipment such as cables and antennas
are covered under manufacturer warranty against defects for
a period of no more than 1 year. If any part of the
wireless equipment fails due to manufacturing defect prior
to one year, it will be replaced at no charge pending
testing of said equipment.
Use
of Material:
All content downloaded or uploaded using Company's system
shall remain the sole responsibility of the Subscriber. The
Subscriber assumes all risks associated with material,
Including but not limited to, copyright restrictions,
trademark restrictions, service mark restrictions,
confidentiality limitations, trade secrets, patent
restrictions, or any other intellectual property tangible
or intangible rights associated with the material.
Use
of Services:
Subscriber is expressly prohibited from reselling any
services offered by Company under this agreement without
the prior written consent of Company. Subscriber is
prohibited from hosting any web site dedicated to the sale
or dissemination of pornographic materials and/or
containing content of a sexually explicit nature.
Subscriber understands and agrees that this service may be
utilized solely for lawful purposes and the use of this
service in connection with or adjunct to any matter or
thing which violates and foreign municipal, state, county
or federal state or regulation is expressly prohibited.
Subscriber acknowledges that Company is a commercial
entity. Subscriber agrees that its use of the services
herein shall not infringe upon the use by other subscribers
of Company or the wireless network. Subscriber is
prohibited from sending unsolicited advertising or
promotional materials to other companies or wireless
network subscribers. Subscriber agrees not to resell or
allocate bandwidth as defined under "Abuse of Services"
without written consent from Company. Should Subscriber
violate any provision of this section, Company at its sole
discretion may immediately suspend services to Subscriber
and terminate this agreement. Company's liability for
termination of this Agreement under this provision shall be
solely limited to a refund to Subscriber of any unearned
prepaid service fees. Company shall not be liable for any
incidental or consequential damages as a result of the
termination of the Agreement under this provision.
Abuse
of Services:
Any use of the Company system that disrupts the normal use
of the system for other Company Subscriber is considered to
be abuse of services. The propagation of computer worms or
viruses or the use of the network to make unauthorized
entry to other computational, information, or communication
devices or resources of others is a violation of this
agreement. The use of Company's services by Subscriber to
modify, alter, reverse engineer, decompile disk, or
disassemble any proprietary work in whatever form is a
violation of this Agreement. The failure of any Subscriber
running IPX to use an IP tunneling protocol is a violation
of this Agreement. The broadcast of Routing Internet
Protocol (RIP) by Subscriber is a violation of this
Agreement. Subscriber may not resell or allocate bandwidth
to those not included within the business (office specific)
referred to within this document as "Subscriber" or others
not residing within that specific household or address as
defined in section II as "installation address". Company
may charge and Subscriber may face legal charges in
compliance with local, state or federal laws, rules or
regulations, if they are found in violation of bandwidth
"stealing" defined in the previous sentence. Any Subscriber
deemed by Company to be in violation of this section is
subject to immediate termination by Company. Termination
under this section shall have no liability other then to
refund any unearned prepaid service fees including direct,
indirect, incidental or consequential damages.
Indemnification/Release:
Subscriber, its agent, successor and/or assigns expressly
agrees to indemnify and release Company, its affiliates,
subcontractors, employees, agents, assigns or successors
from any liability for any claims, losses, actions,
damages, suits, or proceedings arising out of or otherwise
related to Subscriber's installation of, use of, or
termination of Company's services hereunder including but
not limited to, Subscriber's access to content uploaded or
down loaded using Company's services from any source or to
any recipient. Subscriber further releases Company from any
responsibility or liability related to the accuracy,
quality for confidentiality of any information available by
or through Company's systems and/or the wireless network.
Subscriber's release of Company includes any actions or
inaction by Company, which amount to negligence. Subscriber
further agrees to indemnify and hold harmless Company from
and against any and all claims actions causes of action,
losses or damages including attorney's fees which in any
way arise from Subscriber's installation of, use of,
termination of Company's services herein.
Disclaimer:
Company assumes no responsibility for the content contained
on the Internet or otherwise available through the wireless
network or from any source accessible via Company's
services. Company discloses and Subscriber acknowledges
that there may be content on the Internet or otherwise
available through the services provided by Company which
may be offensive to some individuals, which may not be in
compliance with local, state or federal laws, rules or
regulations, Including but not limited to pornographic, or
otherwise inappropriate or sexually explicit or offensive
content. Subscriber acknowledges to Company that its use of
Company's services to access information, content or other
services is at it's own risk.
Governing
Law and Venue:
The laws of the State in which this contract is executed
shall govern the terms of this Agreement. The parties
hereto stipulate and agree that the exclusive venue for the
resolution of all disputes concerning this Agreement shall
be the county in which Company or it's branches presides.
Arbitration
& Attorneys Fees:
The Subscriber and Company agree that any controversy or
claim between them arising out of or relating to this
Agreement shall be settled exclusively by arbitration. Such
arbitration shall be conducted in accordance with the
commercial arbitration rules then in force of the American
Arbitration Association. The arbitration award shall be
final and binding on both parties. Judgment upon such
arbitration award may be entered in any court having
jurisdiction. Subscriber and Company agree that should
either party bring action for enforcement, interpretation
or otherwise under this Agreement the prevailing party in
such action shall be entitled to its attorney's fees and
costs including those incurred in any appeal. Entire
Agreement: This Agreement constitutes the entire Agreement
between the parties and no other representations or
statements will be binding upon the parties. If any part of
this Agreement is held to be invalid or unenforceable for
any reason, the remaining terms and conditions of this
Agreement shall remain in full force and effect.