WE ARE PLEASED TO PROVIDE YOU WITH THE SERVICES DESCRIBED HEREIN, WHICH IS SUBJECT TO THESE TERMS AND CONDITIONS OF (“THE AGREEMENT”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
If you have agreed to keep the Services for a term plan and you terminate the Services before the end of that term period, you will be responsible for all charges related to the Services, including an early termination fee described further in Section 7 of this Agreement.
1. DEFINITIONS
A. “Broadband Services” means Company’s “High Speed” Internet access services with data transfer rates in excess of 1544kb/s (kilobit per second).
B. “Company” and “We” refer to CGI-Communication, Inc. or its affiliate Access Casa Grande Internet, an operating company providing the Services described in this Agreement.
C. “Content” means content provided by Company or its third party licensors or suppliers and accessible on the Services, including without limitation images, photographs, animations, video, audio, music, and text in any format.
D. “Customer”, “Subscriber” and “You“ refer to the individual or entity purchasing Services hereunder, as well as any individual(s) whom the individual or entity purchasing Services hereunder gives access to, or otherwise authorize use of, the Services. All capitalized terms used herein and not otherwise defined in this Section 1 shall have the meanings ascribed to them in this Agreement.
E. “Equipment” means the modem, router and/or other equipment provided by Company for use with the Service. Except for Equipment purchased by you under the terms of this Agreement, or other equipment purchased by you outside of this Agreement, Company owns the Equipment regardless of who installed the Equipment. Any monthly rental payments, periodic use payments, or similar arrangements related to Equipment between you and Company are not purchases of Equipment.
G. “Service” or “Services” means all Company Internet Access Services (e.g. Broadband Services), Company portal websites, and related websites and functionality provided through or in connection with those websites, and any personal webpage created through a Company-provided website, or other Company-provided services for residential customers, Software, Equipment, Content, IP addresses, technical support, email, domain name server (DNS) and related services, and other products and services provided by Company under the plan applicable to your Service.
The Services do not include Company Voice Telephony Services which are governed under a different agreement and shall not be associated to this agreement in any way.
The Service does not include support for any service not provided by Company (e.g. any Service Company does not collect money for or provide, Netflix, Streaming Services, Xbox Live, Removing Viruses, Computer Repair, etc).
2. REVISIONS
From time to time, Company will make revisions to this Agreement and the policies relating to the Services. We will provide notice of such revisions by posting revisions to www.cgi-communication.com or www.casagrandeinternet.com (collectively, the “Company Website” ), or by sending an email to your primary email address on file. You agree to visit the Company Website periodically to review any such revisions. Material changes and increases to the monthly price of the Services shall be effective thirty (30) days after we provide notice to you via any of the following methods: bill messages, bill inserts, separate mailings to you, email notification, recorded announcement, posting to the Company Website, or any other reasonable method of notice at our sole discretion; revisions to any other terms and conditions shall be effective on the date noted in the posting and/or email we send you. By continuing to use the Services after revisions are effective, you accept and agree to abide by the terms and conditions set forth in such revisions. We will not provide notice of changes to promotional prices, offers, and applicable taxes, fees, or surcharges (unless required by law or regulation).
3. TERM
The term of this Agreement will be either month-to-month or for a one, two, or three year term (depending on the Service plan you select) (the “Term”). The Term begins when you accept this Agreement and ends when you or we terminate this Agreement as permitted herein. If you change Service plans, your Term and monthly rate may change (depending on the plan you select), but all other provisions of this Agreement will remain in effect unless otherwise noted.
4. SUBSCRIBER’S RESPONSIBILITY
General Requirements: You are responsible for all use of your Services and account, whether by you or someone using your account with or without your permission, including all secondary or sub-accounts associated with your primary account, and to pay for all activity associated with your account. Furthermore, you agree to comply with all applicable laws, rules and regulations regarding your use of the Services. You agree that we, in our sole discretion, may place restrictions on use of your Services, and immediately disrupt, suspend, or terminate your Services without notice for violations, suspected violations, or to prevent violations of this Agreement.
Installation Requirements: You may choose where you want the Internet service installed to inside and outside the structure with the following guidelines: (1) The mounting location of the outdoor equipment must provide an acceptable Line of Sight to one of our telecommunications towers (2) The mounting location is structurally sound in that all mounting surfaces of equipment are in direct contact with the surface of the mounting location, and that the mounting location is unable to be moved or altered without first removing the outdoor equipment (3) Must be accessible using a 24-26ft ladder (4) Within 150ft of the demarcation point (5) Within 4ft of a 120V power source (6) Accessible to the Installer by reasonable means – e.g. without moving desks, tables, crawling through attics, digging trenches, trimming trees, etc. Installations that require “custom” mounts, cabling (through attics, internal walls, conduit, overhead wire, or underground), or anything not covered in the Company’s responsibility may incur additional charges not defined by this agreement.
Subscriber Responsibility: (1) Meet each of the requirements set forth in the Installation Requirements above, and maintain them after service has been installed. If these requirements are not met before the Company-provided installation date and cause the installation to be delayed, Company may charge you a fee for each additional installation attempt. (2) Warrant and represent that you own the premises or you have received permission from the owner of the premises to allow us to make any changes to the premises needed to install the Equipment and provide the Services to you and that the use of any equipment space and associated facilities, conduits and rights-of-way comply with all applicable laws, rules and regulations, as well as any existing leases or other contractual agreements or rights of others. (3) Grant to Company or its subcontractors the right to enter the premises during normal business hours Monday through Friday, 9AM to 5PM to perform installation, repair, maintenance services in support of the Services, or to reclaim equipment after Service is terminated (4) Configure any Local Area Network, if applicable, so that Services are available to you at the premises. You will configure equipment to interface with the Services, including PCs, printers, other routers, switches, servers and hubs. You will configure routers that are different from our standard installation configuration. Company will not be responsible for interference with the performance of Services caused by your configuration of routers, firewalls, or other network devices. (5) Allow up to 4 hours for Installation or Service Call appointments during normal business hours (6) Behave in accordance with Company’s Code of Conduct policy when engaging and dealing with Company which explicitly prohibits Disruptive, Threatening, or Violent Behavior (7) Maintain accordance with all other Company policies (Password, Acceptable Use, Excessive Use, Payments, etc).
Subscriber Data and Security Considerations. You agree that you are solely responsible for maintaining the security and accessibility of your computer(s) and data, including without limitation, encryption of data, and protection of your User ID, password and personal information. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE. You understand that it may be possible for unauthorized third parties to monitor data traffic. If you wish to secure your usage in connection with the Services, you have the obligation to obtain, at your own cost, encryption software or other transmission security protections. You assume full responsibility for the establishment of appropriate security measures to control or limit access to your information. You are solely responsible for obtaining, maintaining and updating all equipment and software necessary to secure the service, and for management of your information, including but not limited to back-up and restoration of your data. You agree that company is not responsible for the loss of your data or for the back-up or restoration of your data regardless of whether this data is maintained on our servers or your device(s). You should always back-up any important information separately from data stored on company’s or any third party’s servers.
Subscriber Limitations: The Service is a retail grade service (commercial) or a consumer grade service (non-commercial, i.e. residential), and you may not resell the Service, use it for high volume purposes, or engage in similar activities that constitute such use (commercial or non-commercial). If you subscribe to a Broadband Service, you may connect multiple computers/devices within a single home to your modem and/or router to access the Service, however, you may not exceed the data allowances or other bandwidth limitations that Company may establish for the Service. Violation may result in bandwidth restrictions on your Service, additional charges, suspension, or termination of your account.
5. COMPANY’S RESPONSIBILITY
The Service provided by Company includes: (1) Internet Access at data rates up to your plans provisioned threshold, e.g. 5Mbps, 10Mbps, 20Mbps, 30Mbps, etc. (2) Professional Installation and Maintenance of Company provided equipment (3) Up to five POP/IMAP Email Accounts using the cgmailbox.com, or cgaz.com domains (4) Online Customer Portal (5) Technical Support between 9AM to 9PM, limited to Service related issues.
The Equipment provided by Company includes: (1) Subscriber Modem, PTMP FSK or LTE Wireless Access Unit, a $299.99 or $699.99 Value (2) Antenna or Connectorized Dish Kit, a $199.99 Value (3) Mounting Hardware, a $69.99 Value (4) < 150ft CAT5e cable, Outdoor Shielded, a $1.25 per foot Value (5) Power-over-Ethernet AC/DC Power Supply, a $20.00 Value. It is specifically understood that the aforementioned equipment, which must be installed to provide the Service, shall remain the sole property of Company. Subscriber authorizes Company or its agent, successor, or assignee to remove the system equipment upon termination of this Service Agreement. Subscriber and any other person or entity whose name appears on the account will be responsible for the loss, theft, or damage of the equipment and will be charged in full for any damaged or unrecovered equipment.
The Installation provided by Company includes: Company will use commercially reasonable efforts to complete installation of equipment required for Service on the premises specified by the Subscriber at the time of installation. The standard installation includes mounting of the any Hardware, Subscriber Modem, or aforementioned equipment to the premise; and terminating one CAT5e cable, in the most direct path to one network device (e.g. router), and will be routed through one external wall of the structure. We use commercially available sealants to ensure that every point penetrated is sealed properly at the time of installation. It is the subscriber’s responsibility to check these points periodically to ensure they are kept “water tight” after the installation is complete. Installation will be considered complete if the post-installation performance check that we conduct confirms that an end-user at your service location may properly access the Company network. If we determine that the test is successful, we consider you as “In Service” and we will begin billing you as of that “In Service” date. Fishing of walls and/or attic crawling is not included with standard installation. The connecting of multiple computers or devices may require additional costs in labor, equipment or wiring; and depending on the request might have to be scheduled at a later time. Any requests for custom mounts or other installation work will require additional charges not defined in this agreement (typically labor+equipment+tax). Company and its contractor(s) will not be liable for any alterations to the subscriber’s premises that result from the installation or removal of the equipment and/or wiring including any holes in walls, cable wiring or antenna mounting brackets; although great care will be used to make the installations reasonably appealing.
The Maintenance provided by Company includes: Company will periodically perform scheduled maintenance of the Service and will make every reasonable attempt to minimize interruptions to Service. However, depending on the nature of the maintenance, you may or may not receive notification prior to the event (such as a non-scheduled event to repair a service affecting issue). Scheduled maintenance events will consist of upgrades to vendor specific firmware, adding or replacing equipment, or anything generally improving upon Service. Non-scheduled events include outages due to weather, wind-storms, lightening, power-outages, equipment failure, or other event outside the control of Company. We will respond to outages quickly, and are typically aware of wide-spread outages before you are. You may, at times, experience an outage that does not affect anyone but you. Company will respond to such outages at no cost to you unless the service affecting issue was caused by you, the Subscriber (e.g. power unplugged, cable cut/chewed, or other act of negligence). Site visits to repair damage to Equipment caused by the subscriber will be charged $85.00 plus materials and any applicable taxes.
Money Back Guarantee: CGI offers a hassle free 30-day money back guarantee from the date of activation of your Service, or the “In-Service Date”. Under the terms of the Money-Back Guarantee, CGI will refund the monthly charge for the first month of Service and waive the disconnect fee provided that: you cancel your Service within the applicable 30 day period; you return any issued CGI Device to us in original condition within 14 days after the cancellation of your Service; you have not previously exercised the CGI 30-day money back guarantee and obtained a refund from CGI as a result of any other CGI account, and prior to returning the Device to us, you obtain a valid return authorization number from our customer care department, which can be reached at billing@cgi-communication.com. Please note that Installation, Activation, Taxes, and/or Set-Up fees paid at the initiation of your Service, if any, are not refundable.
Service Availability and Data Rates: The Service you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the Service even if initial testing showed that your address was qualified. We will provision qualified equipment at the maximum data rate available to your location based on our standard qualification procedures, unless you have selected a level of service with a lower maximum data rate. Bandwidth is provided on a per-service (not a per-device) basis. The bandwidth available to each device connected to the network will vary depending upon the number, type and configuration of devices using the Service and the type of use (e.g., streaming media), among other factors. The speed of the Service will vary based on network or Internet congestion, or your computer configuration, among other factors. We make no guarantees or representations related to download or upload speeds. We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Services to perform maintenance activities and to maintain session control. We assume no responsibility or liability for interruption of the Services or Service performance differences. Data rates are defined per package and may be changed or updated without notice. ADVERTISED SPEEDS ARE “UP TO” A SPECIFIC DATA TRANSFER RATE. Speeds are not “committed information rates” and are considered to be “uncommitted and bursting”. Company has no control over actual transfer speeds to or from the Internet for your devices. You are subscribing to the potential for a specific data rate via our provisioning and qualification process. There are no implied warranties, or service guarantees associated with this service by Company.
Data Transfer Limits, Caps, and Allowances: The Service plan you select may have a data allowance (e.g. 200 Gigabyte “GB” per month). The total of the aggregate unit of measure expressed in Gigabyte (GB) will be used to identify the data allowance. These allowances are defined and measured per Service, not per Device. If the Subscriber exceeds the traffic allowance, the account will be notified of the first occurrence, and subsequent occurrences the account will be charged an overage fee depending on the resources utilized in blocks of 50GB. The first occurrence the Subscriber may be given the option to either (A) reduce the resources used to an acceptable level, or (B) upgrade Customer’s Service to a higher priced plan with a higher data allowance. More information on the allowances, overage fees, and the limits for each Service is defined in our Excessive Use Policy.
Changes to Service or Features: Company reserves the right to change any of the features, Content or applications of the Service at any time with or without notice to you. This includes the portal services we may make available as part of the Service. Company also may change your IP address, either static or dynamic, at any time. If Company changes your static IP address, Company will make reasonable efforts to provide you with prior notice of the change. Company is not responsible for changes in service, even if those changes may prohibit your ability to use the service (e.g. upgrades, force majeure, construction, tree growth, interference, other environmental or physical changes, etc).
Protection of Services: We may take any action we deem appropriate without notice to protect the Services and its facilities. If we deny you access to the Services pursuant to this section, you will have no right or ability to access any materials stored on or available through the Internet through us, and we will have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for consequences resulting from the lack of notification. You will protect our network by not engaging in behavior which violates our policies.
Content and Data Management: We reserve the right to: (A) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple Company servers for back-up and maintenance purposes; and (B) block or remove any unlawful content you store on or transmit to or from any Company server. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
Monitoring of Network Performance: Company automatically measures and monitors network performance, and the performance of your Internet connection on our network. We also will access and record information about your computer and Equipment’s profile and settings and the installation of software we provide. You agree to permit us to access your computer and Equipment and to monitor, adjust and record such data, profiles and settings for the purpose of providing the Services. You also consent to Company’s monitoring of your Internet connection and network performance, and to our accessing and adjusting your computer settings, as they relate to the Services, Software, or other services, which we may offer from time to time. We do not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of Company or its authorized vendors, contractors and agents.
Internet Usage: Company gathers information about your Internet usage such as the sites visited, session lengths, bit rates, and number of messages and bytes passed. Company aggregates this information with similar information from other customers and may share such aggregated information with other, trusted third parties from time to time. Company also collects and uses such information obtained from you and from other sources for billing purposes, to provide and change Service, to anticipate and resolve problems with your Service, or to identify, create and inform you of products and services from Company or other companies that might be of interest to you. Except as otherwise provided, Company will not use or disclose any of your personally identifiable information unless compelled by a court order or subpoena, you specifically consent to the use or disclosure, or to protect its broadband services and facilities. When Company uses agents, contractors or other companies to perform services on its behalf, it will require that they protect your personally identifiable information in a manner consistent with this Agreement.
HIPAA: Company does not require or intend to access Customer data in its performance hereunder, including but not limited to any confidential health related information of Customer’s clients, which may include group health plans, that constitutes Protected Health Information (“PHI”), as defined in 45 C.F. R. §160.103 under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA Rules”). Any exposure to PHI shall be random, infrequent and incidental to Company provision of Service and is not meant for the purpose of accessing, managing the PHI or creating or manipulating the PHI. Such exposure is allowable under 45 CFR 164.502(a)(1)(iii). As such, if Customer is a Covered Entity or Health Care Provider under the HIPAA Rules or supports the health care industry, Company and Customer agree that Company is not a “Business Associate” or “Covered Entity” under the HIPAA Rules for the purposes of this Agreement.
Privacy Policy: Personal information you provide to Company is governed by our Privacy Policy, which is posted on the Company Website and is subject to change from time to time. Company reserves the right to provide account and user information, including email, to third parties as required or permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Such cooperation may include, but is not limited to, monitoring of the Company network consistent with applicable law. In addition, Company is required by law to report any facts or circumstances reported to us or that we discover from which it appears there may be a violation of the child pornography laws. We reserve the right to report any such information, including the identity of users, account information, images and other facts to law enforcement personnel.
6. PRICING, CHANGES TO SERVICE PLANS, AND PAYMENTS
Prices and Fees; Billing: You agree to pay the fees applicable to your Service, including any monthly usage charges, any additional per-usage charges, Equipment charges (including Equipment purchase or rental charges), Software charges, shipping and handling fees, applicable taxes, surcharges, recovery fees, telephone charges, activation fees, installation fees, set-up fees, early termination fees, and all other recurring and nonrecurring charges for your Service plan. The taxes, fees and other charges detailed in this section may vary on a monthly basis. Surcharges and recovery fees, including the Access Recovery Fee (sometimes referred to as the Internet Cost Recovery Fee), are not taxes and are not required by law, but are set by Company and may change at any time. Surcharges and recovery fees are not taxes and are not required by law, but are set by Company and may change. Taxes and government surcharges will be in the amounts that federal, state, and local authorities require or permit us to bill you. You agree to pay all taxes, surcharges, assessments, and other fees that are related to the Services and included on your bill, unless you are exempt from these payments and can provide documentary evidence of such exemption to us. In the event of conflict among prices and charges, the most-current prices and charges govern. You also agree to pay any additional charges or fees applied to your account, including interest and charges due to insufficient credit or insufficient funds. Non-recurring charges such as set up, activation and installation fees, and Equipment charges, will be included in your first invoice. Monthly Service recurring charges will be billed one month in advance; any usage charges, late fees, or disconnection fees will be billed in arrears. Your first bill covers the period of Service from the date your Service is activated up to the anniversary day of your first full month of Service. Based on your election and subject to our approval, Company or its agent will bill you directly, via Email, automatically draft your VISA/MASTERCARD, or Bank Account via EFT. Billing for Services will automatically begin on the date provisioning of your Broadband Service is complete (“In Service”). Upon the expiration or termination of Services for any reason prior to the end of a billing cycle, we will charge you the full monthly recurring charges for Services during the billing cycle (along with all applicable nonrecurring charges, taxes, surcharges, and fees) and will not pro-rate these charges. If your monthly charges net to $0, you may not be mailed a paper invoice. Invoice information will remain available in your account information or by calling us at the Company customer service number listed on your invoice, and an additional fee may be charged for invoice reprints.
Pricing Plans with Minimum Terms: You agree to maintain your Service for the term that applies to the plan you have selected (a “Term Plan” ). Your Term Plan begins on the later of: (A) the date you change your existing Broadband Service plan to a Term Plan; or (B) your “In Service” Date. At the end of any Term Plan you may be given the option to select a new Term Plan. If you do not select a new Term Plan, your Service will automatically convert to a month-to-month Service plan at a monthly fee that may be higher than your current rate. If you select a new Term Plan, the terms of that plan will apply.
Payments: You must pay all charges applicable to your Services, including all applicable taxes, fees, activation fees, and surcharges, in U.S. currency within 10 days of the invoice date. Any additional charges will be applied to the entire unpaid balance the following cycle. We will charge you an insufficient funds or returned check fee of $25.00, if your check, bank draft, electronic funds transfer, or other order for payment is dishonored or returned for insufficient funds or any other reason. Additionally, we may discontinue your Service without notice if you bounce a check, or automatically drafted funds are refused for any reason, or if you fail to make payment when due or to provide us with a new charge card expiration date before the existing date expires. Our acceptance of late or partial payments (even those marked, “PAID IN FULL”) and late payment charges will not constitute waiver of any of our rights to collect the full amount due under this Agreement.
Discontinuation of Service for Nonpayment: If your account remains delinquent for 45 days past the invoice date, your service will be suspended until payment is made. A $35.00 Reconnection Fee will be assessed to have your service restored after payment is made. Even if your plan is suspended for non-payment, your Term Plan will continue billing until 120 days past the invoice date, or until we are able to contact you in regard to Service. We will attempt to contact you in regular increments to recover our equipment and the unpaid balance by email, telephone, and postal mail. If Company uses a collection agency or initiates any legal action to recover amounts due, you agree to reimburse us for all expenses we incur to recover such monies, including agency and attorneys’ fees.
Billing Disputes: You must notify Company in writing within thirty (30) days from the date of the bill if you dispute any invoiced charge, otherwise such dispute will be deemed waived. You shall have no right to withhold, set off, or reduce any invoiced amount – whether disputed or undisputed. You accept all charges not disputed within 30 days. Company and you waive all rights of subrogation against each other in connection with Services. To dispute a charge on your invoice, you must follow the dispute procedures in this Agreement.
Late Fees: For each month in which any portion of your Service charges are not paid by the due date listed on your bill, Company may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee is a flat amount of $5.00, and will be added to the following months invoice.
Credit Check; Refundable Deposit; Credit Limits. Our provision of Services to you is subject to our approval of your credit. You give us permission to check and verify your credit as needed in our sole discretion. We may require that you provide us with a refundable deposit, which will be specified at the time of your order (“Subscriber Deposit” ). We may also require an additional deposit or advanced payment after activation of the Service at any time if you fail to pay any amounts when due or if we determine you are a credit risk at any time during your Service period with us. If you fail to pay for Services when due, we may, without providing notice to you, apply your deposit or advance payment to the amount owed. If you refuse to make a deposit or advance payment or otherwise establish credit as provided by applicable state law, we reserve the right to refuse to provide you Service. Within ninety (90) days after termination of your Service, we will return your Subscriber Deposit, less any unpaid amounts due on your account, including any amounts owed for unreturned or damaged Equipment. You will also receive interest at the rate required in the state you receive Service, Equipment, or Software from the date Company received the Subscriber Deposit until the date Company refunded the Subscriber Deposit. If you pay a Subscriber Deposit in connection with your Services and the state in which the Services are provided does not require Company to pay interest on that Subscriber Deposit, Company will not pay you any such interest. As we determine in our sole discretion and to the extent permitted by applicable law, we may set a credit limit on your account at any time. We may restrict the Services to which you have access if you exceed this credit limit.
7. TERMINATION OR SUSPENSION OF SERVICE
Subscribers with Month-to-Month Accounts: If you are a month-to-month Broadband Service customer, either you or Company may terminate this Agreement any time by giving notice to the other 30 days in advance or as otherwise set forth in this Agreement. Termination by you will be effective upon your notice to us. Please note that Installation, Activation, Taxes, and/or Set-Up fees paid at the initiation of your Service, if any, are not refundable. .
Services with Term Plans; Early Termination Fee: EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IF YOUR SERVICE IS TERMINATED BY YOU OR BY US BEFORE COMPLETING YOUR TERM PLAN, THEN YOU AGREE TO PAY COMPANY THE FOLLOWING EARLY TERMINATION FEE: for all Services under a Term, an amount equal to the monthly recurring Service charge multiplied by the number of months remaining in the then-current Term, up to a maximum of $350.00. If you terminate Service at your location, you may be able to carry over your existing Term Plan to a new Service location; ask your Company Customer Service representative for further details.
Default, Remedies, Promotional Credits: If you cancel your Service before the Term Plan you may also be billed back for any promotions that you received, ie. waived installation, discounts, promotional credit to monthly service, etc. All termination fees, promotional charge backs, and fees for outstanding equipment will be added to any outstanding billing and will become due immediately.
Termination and/or Suspension by Company: Company reserves the right to change, limit, terminate, modify, temporarily or permanently cease providing the Service or any part of it with or without prior notice if we elect to change the Service or a part thereof or if you violate the terms of this Agreement. If Company terminates your Service, you must immediately stop using the Service and you will be responsible for the applicable fees and Equipment charges set forth in this agreement. If your Service is reconnected, a reconnection fee may apply.
Force Majeure: Company will not be responsible for any delay, interruption, or other failure to perform under the Agreement due to acts beyond our control. Force majeure events include, but are not limited to: natural disasters (e.g. lightning, earthquakes, hurricanes, floods); power outages, wars, riots, terrorist activities, and civil commotions; inability to obtain parts or equipment from third party suppliers; cable cuts by third parties, a local exchange carriers activities, and other acts of third parties; explosions and fires; embargoes, strikes, and labor disputes; and governmental decrees and any other cause beyond our reasonable control.
Disconnection Timeline: It may take up to 30 days to disconnect your Services. Regardless of the reason for disconnection, you must pay all charges incurred until our disconnection of your Services. You will be charged the full monthly recurring charges for your Services and all other charges for the month in which your Services terminate. Promotional credits or discounts may not be provided on your final invoice. If you reinstate Services following cancellation or termination, we may require you to pay a deposit or an activation fee.
Deletion of Data upon Termination: YOU AGREE THAT IF YOUR SERVICE IS TERMINATED FOR ANY REASON, COMPANY HAS THE RIGHT TO IMMEDIATELY DELETE ALL DATA, FILES AND OTHER INFORMATION (INCLUDING EMAILS, ADDRESS BOOK AND WEB STORAGE CONTENT) STORED IN OR FOR YOUR ACCOUNT WITHOUT FURTHER NOTICE TO YOU.
Return of Equipment upon Termination: If your Service is terminated for any reason prior to the end of the first year of Service and you are in possession of Equipment from Company, you must return the Equipment to Company or you will be charged for the Equipment. If Company attempts to collect Equipment from your premise via a scheduled appointment and you: (A) do not allow Company to acquire their Equipment or (B) do not make yourself available to Company at the notified appointment time; Company will charge an $85.00 fee per collection attempt.
8. LIMITATIONS ON USE OF THE SERVICE
At Company’s sole discretion, failure to comply with the following subsections may result in immediate suspension or termination of Services.
A. You acknowledge and agree that Company: (1) is not responsible for invalid destinations, transmission errors, or the corruption of your data; and (2) does not guarantee your ability to access all websites, servers or other facilities or that the Service is secure or will meet your needs.
B. You will not restrict, inhibit, or engage in any conduct that prevents others from using the Internet or interferes with our ability to provide the Services including, but not limited to hacking, circumvention of user authentication or security of any host network, or account, use of any Company products and services, or any “denial of service” attacks (port scans, deliberate overload attempts, etc.).
C. You acknowledge that the Service will allow access to information which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Service by children is your responsibility and that Company is not responsible for access by you or any other users to objectionable or offensive content.
COMPANY STRONGLY RECOMMENDS THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE.
You will not post or transmit any unlawful, threatening, abusive, libelous, defamatory, vulgar, obscene, indecent, profane, hateful, bigoted or otherwise objectionable information of any kind, including without limitation any transmissions, constituting or encouraging, conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation U.S. export control laws and regulations. You will not post or transmit any information or software that contains a virus, trojan horse, worm or other harmful component.
D. You are not authorized to use any Company name or mark as a hypertext link to any Company Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of Company.
E. You agree that Company assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any Content, advice or opinions contained in any emails, message boards, chat rooms or community services, or in any other public services or social networks, and that Company does not endorse any advice or opinion contained therein, whether or not Company provides such service(s). Company does not monitor or control such services, although we reserve the right to do so.
F. You will not transmit, upload, post, submit, transmit, publish, reproduce, distribute, or in any way exploit any content, images or data obtained using the Service for commercial purposes, engage in any commercial or business activities using the Service, or use such data or content in a manner that violates copyright or trademark laws or any other third party’s rights.
G. You will not send unsolicited e-mail causing complaints from the recipients of the unsolicited e-mail, send large quantities of unsolicited e-mail to individual e-mail accounts (a/k/a, spamming or mail bombing), make any unauthorized attempt to gain access to any account or computer resource not belonging to that user, or attempt to send e-mail or newsgroup articles or postings using a name or address of someone other than yourself, attempting to impersonate any person or using forged headers or other identifying information.
H. You will not run programs or servers that provide services to others through the Services which include web hosting, multi-user interactive forums, game servers, operating an internal SMTP/HTTP/FTP/IRC/DHCP server for external connections or supporting multi-user forums, or engage in excessive peer-to-peer file sharing activities.
I. Websites linked to or from the Service are not reviewed, controlled, or examined by Company and you acknowledge and agree that Company is not responsible for any losses you incur or claims you may have against the owner of third party websites. The inclusion of any linked websites or content from the Service, including websites or content advertised on the Service, does not imply endorsement of them by Company.
9. WARRANTIES AND LIMITATION OF LIABILITY
A. EXCEPT AS SPECIFIED IN SECTION 5. COMPANY’S RESPONSIBILITIES, COMPANY PROVIDES ALL SERVICES, EQUIPMENT, AND SOFTWARE “AS IS” AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES RELATED TO THE SERVICES, EQUIPMENT, AND SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE OR EQUIPMENT AND YOU AGREE TO HOLD COMPANY HARMLESS FOR ALL SUCH PROBLEMS. NO ADVICE OR INFORMATION GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.
B. COMPANY DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF COMPANY HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, SIGNAL STREGTH, INTERFERENCE LEVELS, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR SERVICE IS NOT INSTALLED FOR ANY REASON, NEITHER YOU NOR COMPANY SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT LEASED FROM COMPANY).
C. UNDER NO CIRCUMSTANCES IS COMPANY LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, EQUIPMENT OR SOFTWARE USED IN CONNECTION WITH THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE, LOSS OF OPPORTUNITY, OR COST OF REPLACEMENT SERVICES.
D. COMPANY IS NOT LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY: (A) ACT OR OMISSION BY YOU, OR ANOTHER PERSON OR COMPANY; (B) PROVISION OR FAILURE TO PROVIDE SERVICES, EQUIPMENT, OR SOFTWARE, INCLUDING DEFICIENCIES OR PROBLEMS WITH ANY EQUIPMENT OR SOFTWARE USED IN CONNECTION WITH THE SERVICES, THE NETWORK OR SERVICES (FOR EXAMPLE, TRANSMISSION FAILURES, INTERRUPTIONS IN SERVICE, ETC.); (C) CONTENT OR INFORMATION ACCESSED WHILE USING THE SERVICES OR EQUIPMENT; OR (D) INTERRUPTION OR FAILURE IN ACCESSING OR ATTEMPTING TO ACCESS SERVICES OR INFORMATION THROUGH YOUR USE OF THE SERVICES, INCLUDING ANY FAILURES CAUSED BY EQUIPMENT. IF, FOR ANY REASON, COMPANY IS FOUND TO BE RESPONSIBLE TO YOU FOR MONETARY DAMAGES RELATING TO ANY SERVICES, EQUIPMENT, OR SOFTWARE OBTAINED THROUGH COMPANYAND IF THIS LIMITATION IS FOUND TO BE UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT ANY SUCH DAMAGES WILL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO COMPANY FOR THE AFFECTED SERVICE(S) DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE.
10. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its directors, officers, employees, affiliates, subsidiaries, agents, and their successors and assigns from and against all liabilities, costs and expenses, including reasonable attorneys’ and experts’ fees, related to or arising from your use of the Services, Equipment, or Software (or the use of your Services, Equipment, or Software by anyone else): (A) in violation of applicable laws, regulations or this Agreement; (B) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (C) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; (D) claims for infringement of any intellectual property rights arising from or in connection with use of the Services, or (E) claims of incorrect or misleading information, libel, slander, invasion of privacy, or identity theft.
11. NOTICES
Notices required under this Agreement by you must be provided to us at:
106 W 2nd St, Casa Grande, AZ, 85122 – Attention: Legal Department.
Notice by Company to you (including notice of changes to this Agreement under Section 2) shall be deemed given when: (A) transmitted to your primary email address; or (B) mailed via the US mail or hand-delivered to your address on file with us; or (C) when posted to the Company Website.
If you send us an email, you agree that the User ID and/or alias contained in the email is legally sufficient to verify you as the sender and the authenticity of the communication.
12. DISPUTE RESOLUTION
Dispute Process: If you have a dispute with us relating to any matter, you agree to first notify Company customer service at the number listed on your invoice. You must describe your dispute with specificity and provide us with any supporting documentation we request. If we have a dispute with you, it will notify you in writing sent to your billing address in an attempt to resolve the dispute. If after following this process, either party is unable to resolve their dispute within 60 days of notifying the other party, either party may take the dispute to small claims court, if appropriate under applicable state or local rules or laws. Alternatively, either party may pursue the dispute only as set forth below.
MANDATORY ARBITRATION OF DISPUTES: INSTEAD OF SUING IN COURT, YOU AND COMPANY AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER. THIS INCLUDES BUT IS NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, AS WELL AS CLAIMS ARISING OUT OF OR RELATING TO COMPANY’S SERVICES OR SOFTWARE, BILLING OR ADVERTISING, OR ARISING OUT OF OR RELATING TO EQUIPMENT YOU OR COMPANY MAY USE IN CONNECTION WITH COMPANY’S SERVICES. THE REQUIREMENT TO ARBITRATE APPLIES EVEN IF A CLAIM ARISES AFTER YOUR SERVICES HAVE TERMINATED; APPLIES TO ALL CLAIMS YOU MAY BRING AGAINST COMPANY’S EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES; AND APPLIES TO ALL CLAIMS THAT COMPANY MAY BRING AGAINST YOU. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, APPLIES TO THIS AGREEMENT AND ITS PROVISIONS AND, GOVERNS ALL QUESTIONS OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. THIS PROVISION DOES NOT PREVENT EITHER YOU OR COMPANY FROM BRINGING APPROPRIATE CLAIMS IN A SMALL CLAIMS COURT HAVING VALID JURISDICTION, OR BEFORE THE FEDERAL COMMUNICATIONS COMMISSION OR A STATE CORPERATION COMMISSION.
YOU AND COMPANY FURTHER AGREE THAT NEITHER COMPANY NOR YOU WILL JOIN ANY CLAIM OR CLAIMS OF ANY OTHER PERSON(S) OR ENTITY(IES), WHETHER IN A LAWSUIT, ARBITRATION, OR ANY OTHER PROCEEDING. YOU AND COMPANY AGREE THAT NO CLAIMS WILL BE ASSERTED IN ANY REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE, THAT NO CLAIMS WILL BE RESOLVED ON A CLASS-WIDE OR COLLECTIVE BASIS, THAT NO ARBITRATOR OR ARBITRATION FORUM WILL HAVE JURISDICTION TO ACCEPT OR DETERMINE ANY CLAIMS ON A CLASS-WIDE OR COLLECTIVE BASIS, AND THAT NO RULES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. THIS PARAGRAPH AND EACH OF ITS PROVISIONS ARE INTEGRAL TO, AND NOT SEVERABLE FROM, THIS SECTION ON MANDATORY ARBITRATION OF DISPUTES.
A SINGLE ARBITRATOR ENGAGED IN THE PRACTICE OF LAW WILL CONDUCT THE ARBITRATION. THE ARBITRATION WILL BE FILED WITH AND THE ARBITRATOR WILL BE SELECTED ACCORDING TO THE RULES OF THE CPR INSTITUTE FOR DISPUTE RESOLUTION (“CPR”) AND 9 U.S.C. SEC. 1, ET. SEQ. WE AGREE TO ACT IN GOOD FAITH IN SELECTING AN ARBITRATOR. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, THE ARBITRATION WILL BE CONDUCTED BY AND UNDER THE THEN-APPLICABLE RULES OF CPR AND UNITED STATES CODE, WHEREVER THE ARBITRATION IS FILED OR, IF THE ARBITRATOR IS CHOSEN BY MUTUAL AGREEMENT OF THE PARTIES, THE THEN-APPLICABLE RULES OF CPR WILL APPLY UNLESS THE PARTIES AGREE OTHERWISE. ALL EXPEDITED PROCEDURES PRESCRIBED BY THE APPLICABLE RULES WILL APPLY. WE AGREE TO PAY OUR RESPECTIVE ARBITRATION COSTS, EXCEPT AS OTHERWISE REQUIRED BY RULES OF CPR, AS APPLICABLE, BUT THE ARBITRATOR CAN APPORTION THESE COSTS AS APPROPRIATE. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION.
IF FOR ANY REASON, THE ABOVE PROVISIONS ON ARBITRATION ARE HELD UNENFORCEABLE OR ARE FOUND NOT TO APPLY TO A CLAIM, YOU AND COMPANY AGREE TO WAIVE TRIAL BY JURY. IF ANY PARTY FILES A JUDICIAL OR ADMINISTRATIVE ACTION ASSERTING A CLAIM THAT IS SUBJECT TO ARBITRATION AND ANOTHER PARTY SUCCESSFULLY STAYS SUCH ACTION OR COMPELS ARBITRATION, THE PARTY FILING THAT ACTION MUST PAY THE OTHER PARTY’S COSTS AND EXPENSES INCURRED IN SEEKING SUCH STAY OR COMPELLING ARBITRATION, INCLUDING ATTORNEYS’ FEES.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, IF ANY PORTION OF THIS MANDATORY ARBITRATION OF DISPUTES SECTION IS DETERMINED TO BE INVALID OR UNENFORCEABLE, THE REMAINDER OF THE SECTION REMAINS IN FULL FORCE AND EFFECT.
13. GENERAL PROVISIONS
A. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to Limitation of Liability and Indemnification, shall survive such termination.
B. If required, you will provide reasonable cooperation to enable us or our agents to repair the Services, Equipment, and Software. You are responsible for damage to Company-owned Equipment, Software, and Services located on you premises, excluding reasonable wear and tear or damage we cause
C. YOU AND COMPANY AGREE THAT THE SUBSTANTIVE LAWS OF THE STATE OF ARIZONA, WITHOUT REFERENCE TO ITS PRINCIPLES OR CONFLICTS OF LAWS, WILL BE APPLIED TO GOVERN, CONSTRUE AND ENFORCE ALL OF THE RIGHTS AND DUTIES OF THE PARTIES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THIS AGREEMENT. YOU AND COMPANY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN PINAL COUNTY, ARIZONA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. EXCEPT AS OTHERWISE REQUIRED BY LAW, INCLUDING ARIZONA LAWS RELATING TO CONSUMER TRANSACTIONS, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED.
Pursuant to the rules of the Arizona Corporation Commission, a telecommunications company is prohibited from changing your service to another company without proper authorization.
Pursuant to the rules of the Arizona Corporation Commission, a telecommunications company is prohibited from adding products and services to your account without proper authorization.
D. Company’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
E. This Agreement, including all policies referred to herein and posted on the Company Website, constitutes the entire agreement between you and Company with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by you to this Agreement shall be effective unless agreed to in a writing signed by an authorized person at Company.
