Service Agreement
- Parties. This agreement is between WISP Networks ( PROVIDER )
and the party as specified in the application ( CLIENT ).
- INTERNET Services only. This agreement covers INTERNET
services only. Not covered by this agreement are hardware,
communication lines and/or software for access to the INTERNET,
although the provider can sell those to the client subject to a
different contract.
- Communication lines ( if needed ). PROVIDER will assist CLIENT
getting the communications lines installed and activated by a
TELCO company at no extra charge.
- Price change. PROVIDER has the right to change the price of
the services at any time with 30 days notice.
- Start of services. The Services will be activated usually the
same or next working day provided that the CLIENT has everything
needed to be on the Internet. A schedule will be provided
otherwise. The Schedule for line installation, domain activation,
equipment and software setup and services activation is an
estimate only.
- Quality of Services. PROVIDER will make the best efforts to
provide quality and uninterrupted services.
- Fees. CLIENT agrees to pay a setup fee, a monthly fee, an
usage fee (if any), and a web traffic fee (if any). The setup fee
and first month fee is due upon sign up. PROVIDER will present a
fee schedule to CLIENT before sign up. CLIENT agrees to pay early
termination fee of $100 if CLIENT cancels before the line is
installed and $300 if he cancels after the line is installed and
before the expiration of the term.
- Domain name registration. If PROVIDER has paid for the
registration of CLIENT's domain name and CLIENT cancels his/her
web hosting plan CLIENT will be charged $35.00 for the domain name
registration.
- Collateral. CLIENT's servers and other equipment located at
PROVIDER's premises will be used as collateral for unpaid bills
and penalties. Such servers and equipment will not be released
until CLIENT pays his bills and/or penalties in full.
- Late Payment. CLIENT agrees to pay a one time penalty of 6% of
the amount due plus $10 per month for delayed payments.
- Billing information updates. CLIENT agrees to provide to
PROVIDER any changes to the billing information promptly. Billing
information includes but is not limited to credit card info,
address, phone, checking account info.
- Policies. CLIENT agrees to comply strictly with PROVIDERS "Acceptable
use policy" and "Copyright
infringement Policy" . CLIENT understands that services are
subject to immediate termination without compensation for
non-compliance with the policies. Further, CLIENT will be
responsible for the full amount of any tangible and intangible
damages such non-compliance may cause. PROVIDER reserves the right
to change the policies to reflect the dynamic nature of the
Internet. Both policies are available on-line any time or as a
hard copy by request only.
- Indemnification. CLIENT shall indemnify, defend by counsel
reasonably accepted by PROVIDER, protect and hold PROVIDER
harmless from and against any and all claims, liabilities, losses,
costs, damages, expenses, including consultants' and attorneys'
fees and court costs, demands, causes of action, or judgments
directly or indirectly arising out of or related to the web
hosting and other services provided by PROVIDER to the CLIENT.
- Account sharing. CLIENT agrees to keep his account information
confident. PROVIDER shall not be responsible for lack of privacy,
large overtime bills or any other consequences of account sharing.
Sharing of unlimited accounts is not allowed. PROVIDER will cancel
without any compensation any unlimited account used by more than
one user at one time.
- Unlimited usage accounts. All unlimited usage accounts are
subject to the following restrictions: A/ they are for personal
use only. B/ any kind of reselling, sharing, service providing to
other parties, public use, hook up of servers, use of software for
purposes other than regular Internet browsing etc. is strictly
prohibited. C/ violators accounts will be upgraded without notice
to a metered plan or canceled without compensation.
- Toll free access number. CLIENT agrees to pay for using the
TOLL FREE ACCESS NUMBER $0.12 per minute, at 1 minute increments.
This charge is for the line usage only and is on top of any other
charges for Internet services. The connection time will be
calculated based on the computer logs at PROVIDER's servers.
Charges will be imposed regardless of the reason for use.
- Right of refusal. PROVIDER has the right to refuse services to
anyone
- No solicitation. CLIENT agrees not to approach PROVIDERs
employees with proposals to hire them as his own employees or
contractors. If CLIENT were to hire any of PROVIDER's employees,
CLIENT agrees to pay PROVIDER for each employee thus hired the
greater amount of: three years salary for that employee as CLIENT
is to pay such employee, or $200, 000.
- LIMITED LIABILITY. PROVIDER shall not be liable under any
circumstances for any special, consequential, incidental or
exemplary damages arising out of or in any way connected with this
agreement or the product, including but not limited to damages for
lost profits, loss of use, lost data, phone bills, communication
lines bills, loss of privacy, damages to third party even if
PROVIDER has been advised of the possibility of such damages. The
foregoing limitation of liability shall apply whether any claims
based upon principles of contract, warranty, negligence or other
tort, breach of any statutory duty, principles of indemnity or
contribution, the failure of any limited or exclusive remedy to
achieve its essential purpose or otherwise. Further, PROVIDER will
not censor any content on the INTERNET. It will be the CLIENT's
responsibility for the usage of his account and any consequences
of this usage.
- No returns. PROVIDER will not return collected fees for
services.
- Cut off period for billing errors. 90 days cut off period is
set for billing error claims. CLIENT agrees that he has no rights
to claim any billing errors for period earlier than 90 days from
the date of the claim. All bills are final after 90 days.
- Billing Procedures:
(a) WISP Networks will bill your credit card or exercise our
authorization to withdraw from your bank account for your
subscription beginning on the date your account is activated. All
credit card payments and bank withdrawals will be treated the same
as if payment was made by cash or check.
(b) Accounts are billed monthly, in advance. Use of your WISP
Networks account will be considered authorization to bill your
credit card or exercise our authorization to withdraw from your
bank account for the next billing cycle, unless you cancel your
subscription in the manner described below.
(c) In the event any charge or request for payment submitted by
WISP Networks is refused or dishonored by the issuer of the credit
card you designated for payment, or if you terminate the bank
authorization, WISP Networks may, in its sole discretion, without
any further notice of demand, immediately terminate your
subscription and rights of access. You will remain personally
liable for the obligation to pay WISP Networks for any charges
which are dishonored by your credit card issuer or bank, and agree
to reimburse WISP Networks for all costs it may incur in
collecting any past-due amounts, including legal fees and costs.
(d) Customers may cancel at any time. Customers canceling within
30 days of initial sign up receive 100% of their money back.
Customers canceling anytime after the initial 30 days receive a
prorated amount back based on full months usage. Cancellations can
be taken over the phone; however, ALL REFUND REQUESTS must be in
writing via e-mail or via US mail. No refund request will be
processed over the phone. Refund requests must be made within 90
days of cancellation. No refund request shall be honored after 90
days. All refunds will also be due any sales tax on the refunded
amount.
(e) Customers who have a yearly discounted service, who wish to
cancel their service before completion of the yearly contract,
will be charged the full quarterly price for all used time.
- Entire Agreement. This Agreement constitutes the entire
understanding and contract between the parties and supersedes any
and all prior and contemporaneous, oral or written
representations, communications, understandings and agreements
between the parties with respect to the subject matter hereof, all
of which representations, communications, understandings and
agreements are hereby canceled to the extent they are not
specifically merged herein. The parties acknowledge and agree that
neither of the parties is entering into this Agreement on the
basis of any representations or promises not expressly contained
herein.
- Modification. This Agreement shall not be modified, amended,
canceled or in any way altered, nor may it be modified by custom
and usage of trade or course of dealing, except by an instrument
in writing and signed by both of the parties hereto.
- Waiver. Performance of any obligation required of a party
there-under may be waived only by a written waiver signed by the
other party, which waiver shall be effective only with respect to
the specific obligation described therein. The waiver by either
party hereto of a breach of any provision of this Agreement by the
other shall not operate or be construed as a waiver of any
subsequent breach of the same provision or any other provision of
this Agreement.
- Separability. If any provision of this Agreement shall be
unlawful, void, or for any reason, unenforceable, it shall be
deemed separable from, and shall in no way affect the validity or
enforceability of, the remaining provisions of this Agreement,
which shall remain valid and enforceable according to its terms.
- Governing Law. This Agreement was entered into in the State of
Illinois and its validity, construction, interpretation and legal
effect shall be governed by the laws and judicial decisions of the
State of Illinois applicable to contracts entered into and
performed entirely within the State of Illinois.
- Authority to Execute. Each of the parties to this Agreement
represents and warrants that it has full power to enter into this
Agreement and that it hasn't assigned, encumbered, or in any
manner transferred all or any portion of the claims covered by
this Agreement.
- Benefit of Successors and Assigns. This Agreement shall be
binding upon and inure to the benefit of each of the parties
hereto, and except as otherwise provided herein, their respective
legal successors and permitted assigns.
- Cumulative Remedies. Except as specifically provided herein,
no remedy made available to either party hereunder is intended to
be exclusive of any other remedy provided hereunder or available
at law or in equity.
- No Partnership or Agency. Nothing in this Agreement shall be
construed as creating a joint venture, partnership, agency,
employment relationship, franchise relationship or taxable entity
between the parties, nor shall either party have the right, power
or authority to create any obligations or duty, express or
implied, on behalf of the other party hereto, it being understood
that the parties are independent contractors to one another.
- No Third Party Beneficiaries. Nothing contained in this
Agreement, express or implied, shall be deemed to confer any
rights or remedies upon, nor obligate any of the parties hereto,
to any person or entity other than such parties, unless so stated
to the contrary.
- Excused Performances. Provider shall not be deemed to be in
default of or to have breached any provision of this Agreement as
a result of any delay, failure in performance or interruption of
the Services, resulting directly or indirectly from acts of God,
acts of civil or military authority, civil disturbance, war,
strikes or other labor disputes and disturbances, fire,
transportation contingencies, shortages of facilities, fuel,
energy, labor or materials, or laws, regulations, acts or order of
any government agency or official thereof, other catastrophes, or
any other circumstances beyond Provider's reasonable control. In
the event of any such delay or failure, the parties shall defer
performance of the Services to a date and time mutually agreeable.
- Captions. The section headings and captions contained herein
are for reference purposes and convenience only and shall not in
any way affect the meaning or interpretation of this Agreement.
- Gender. Where the context so requires, the masculine gender
shall include the feminine or neuter, and the singular shall
include the plural and the plural the singular.
- Recitals. The recitals above set forth are incorporated herein
by reference.
- Arbitration. Any dispute arising under this agreement shall be
resolved by binding arbitration in the city of Bloomington, IL and
under the rules of the American Arbitration Association.
- WISP Networks has the right to scan it's IP and all IP address
space that it controls and or routes, for security
vulnerabilities.
- WISP Networks provides Commercial Wireless Services for those
clients needing to provide server-based service over Wireless for
their clients, staff or partners. This includes mail, web, ftp and
similar 'hosting' of content on Wireless.
Residential Wireless service 'hosting' is not allowed and clients
found providing server-based services on a Residential Wireless
service will have their service upgraded to the equivalent
Commercial Wireless Service. WISP Networks also reserves the right
to implement network controls to prevent this unauthorized usage
of Residential Wireless service.
- Dynamic IP Wireless users must allow ICMP traffic from WISP
Networks servers to reach the client's network devices and return
to WISP Networks' servers. WISP Networks uses ICMP or "ping"
traffic to determine network availability and to provide IP
addresses via DHCP. If a client does not enable WISP Networks to
use ICMP to test client connectivity, Wireless connectivity may be
affected, and WISP Networks will not be liable for the resulting
outage.
- Users that desire to use a firewall, and/or take other
security precautions on their Internet connection, take on the
responsibility to support that additional network infrastructure.
WISP Networks is in no way responsible for that additional network
infrastructure, and additional charges may apply if WISP Networks
support is required.
- Inactive Email Accounts. WISP Networks email accounts that go
unchecked/unused for 90 days or greater are subject to suspension
and removal as part of standard system auditing. WISP Networks
will gladly provide email accounts to registered users as
specified by their service description, but we reserve the right
to remove unused email accounts as described above in an effort to
provide better performance to existing users.
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