Crowsnest Broadband LLC.
TERMS OF SERVICE 10/1/19
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. This Agreement with you (the "Customer"), consists of this document, and the Service order (collectively, the Agreement").
You acknowledge receipt of these documents, which describe our “WISP” (Wireless internet service provider) high speed wireless internet services to you at the address or location specified on your monthly invoice, the terms and conditions of the service (the "Service") and the wireless access device(s) and any other Equipment that we may provide to you, including any licensed software loaded on the Equipment (collectively, the "Equipment"). The Agreement defines our obligations to you, and your obligations in using the Service and the Equipment. This Agreement governs the entire relationship between Crowsnest Broadband LLC. ("Crowsnest Broadband") and the Customer, both of whom agree as follows:
Customer has accepted and shall be bound by all the terms and conditions set forth in this Agreement.
Checks returned for any reason will be subject to a returned check fee charged to your account. In the event of collection activities for non-payment Customer may be liable for a 20% collection fee in addition to the original amount owed.
Past-due invoices may be charged a late fee after the due date.
In the event Crowsnest Broadband must use legal means for collection of past due amounts from the Customer, the Customer will be liable for all legal and filing fees charged to Crowsnest Broadband when any award is in favor of Crowsnest Broadband.
In the event of a disputed credit card charge (chargeback) the Customer will be responsible to pay the chargeback fee if the chargeback is granted in favor of Crowsnest Broadband.
In the event any loss of service is found to be the fault of the Customer or Customer owned Equipment, including but not limited to wireless router, computer, or other Equipment attached to the Crowsnest Broadband network, an hourly troubleshooting fee may be charged. The troubleshooting fee may be charged without any obligation of Crowsnest Broadband to repair, replace or otherwise alter Customer owned Equipment.
The term of this Agreement is set forth on the service order and will be month to month unless otherwise indicated. The term begins with the date of the service order or the date upon which service activation occurs, whichever is later.
This Agreement shall automatically renew on a month to month basis until terminated by either Crowsnest Broadband or Customer upon thirty (30) days prior, written notice.
Customer warrants that they are at least 18 years of age and either own the premises at the location given in the service order or have received written permission from the owner to make any changes to the premises needed to install and power the Equipment and receive the service.
In the case of an apartment or condominium, Customer warrants that they have confirmed that placement of an access device including antenna, if needed, in a common area is not in violation of building owners or other restrictions.
Customer hereby authorizes Crowsnest Broadband or its contractor to install the Equipment necessary to receive the service and agrees to allow Crowsnest Broadband or its contractor access to the premises to install, maintain, or repair the Equipment.
Customer agrees that any custom installation requested, including but not limited to placing cable inside interior walls, moldings, or cabinets or under carpets, may result in additional charges.
The Equipment supplied by Crowsnest Broadband under this Agreement is and shall remain the exclusive property of Crowsnest Broadband and must be returned to Crowsnest Broadband in good and working condition upon the termination, expiration, or disconnection of your Crowsnest Broadband service.
Customer must use reasonable care to avoid damage to the Equipment, and agree not to alter, modify, sell, license, assign, encumber, relocate, move or tamper with the Equipment.
Any Equipment that is not returned to Crowsnest Broadband in good and working condition within 15 days after termination, expiration, or disconnection of service associated with this Agreement then Crowsnest Broadband shall have the right to charge you up to $500 for the Equipment and Customer agrees to pay such charge and Customer hereby authorizes Crowsnest Broadband to charge such amount to your credit card or checking account. In the event Crowsnest Broadband does not have the Customer credit card or checking account information on file the Customer agrees to immediately pay Crowsnest Broadband for the Equipment upon presentation of an invoice.
5. DE installation
In the event of cancellation, the Customer may opt to have a Crowsnest Broadband contractor or technician remove the Crowsnest Broadband owned Equipment. This service is provided for an hourly fee due and will be payable prior to cancellation of service. The Customer, may at their option, remove and return the Crowsnest Broadband owned Equipment, in proper working condition. The Equipment must be returned to the current billing address found on the most recent Customer invoice. In the event the Equipment is not returned within 15 days following service cancellation Crowsnest Broadband may at its sole discretion, remove and repossess the Equipment or charge the Customer for the replacement value of the Equipment as agreed to in the previous paragraph. Crowsnest Broadband may at any time repossess its Equipment from Customer premises and Customer hereby consents to Crowsnest Broadband’s entry upon Customer’s premises for such purposes.
This entire Agreement shall be governed by the laws of the Commonwealth of Pennsylvania and the venue for any dispute shall be in a District Court for the Counties of Bedford & Blair, Pennsylvania.
Upon activation of Service, Customer agrees to pay Crowsnest Broadband in full for all installation and activation fees, if applicable and any Equipment purchase fees by pre-authorized charge to a valid credit card, debit card, check, cash or money order or upon presentation of an invoice.
Customer agree to pay for Service at the rate indicated in the service order on a monthly basis, in advance, by pre-authorized automatic charge to a valid credit or debit card, payment by check is available only in advance, or upon presentation of an invoice.
All invoices shall be due upon receipt. Customer shall promptly notify Crowsnest Broadband of any changes to the credit or debit card or bank account used for payment. In addition to Crowsnest Broadband’s charges, the Customer also agrees to pay any federal, state, or local taxes, usage charges, or other fees imposed on Customer or Crowsnest Broadband and directly associated with Customer service or Equipment.
Crowsnest Broadband will resolve all disputed charges in its sole discretion. If Crowsnest Broadband determines that a billing error was made, it will credit Customer's account in the amount of the error.
If Customer fails to pay an amount when due, Crowsnest Broadband may charge Customer a late fee of 18% of the amount due, or such amount as is permitted by law. If Customer fails to pay by due date, then Crowsnest Broadband may suspend service without notice.
If service has been terminated or suspended for non-payment, restarting service will require payment of all amounts due, in addition to a re-activation fee as stated on our pricing page.
If past due accounts are not resolved promptly, Crowsnest Broadband may at any time repossess its Equipment from Customer premises and Customer hereby consents to Crowsnest Broadband’s entry upon Customer’s premises for such purposes. In addition, if Customer fails to pay any amounts when due under this Agreement, Crowsnest Broadband shall be entitled to exercise any remedies available to it under this Agreement or at law or in equity. Customer agrees to pay the costs of
collection or repossession, including any reasonable attorney’s fees.
8. Acceptable Use
You must use the service in accordance with all federal, state and local laws, ordinances, and regulations.
Crowsnest Broadband strongly recommends that Customers protect all computers or other devices connected to the Internet with firewalls and virus protection software that is kept up to date, so that your account does not become a source of spam or malicious software that would require us to suspend or terminate your service.
Crowsnest Broadband also strongly recommends that in-home or in-office wireless networks be installed and configured with maximum encryption, so that unauthorized persons do not gain access to your
information or illegally gain access to our service, which could also result in suspension or termination of your account.
9. User Conduct, Prohibited or Unlawful Use, Excessive Use
In order to maintain our network to meet the needs of the users of the service, Customer may not use the service or the Equipment for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the Crowsnest Broadband network or the service or any other party's use or enjoyment of the service.
Specifically, you may not:
Additionally, Customer may not, by use of the service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in Crowsnest Broadband’s judgment:
o CROWSNEST BROADBAND DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. CROWSNEST BROADBAND DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED. IN NO EVENT SHALL CROWSNEST BROADBAND BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH OR ARISING FROM USE OF THIS SERVICE IN ANY WAY OR USE OF ANY CROWSNEST BROADBAND WEBSITE ASSOCIATED WITH THE SERVICE, INCLUDING ANY LOSS OF USE, DATA OR PROFITS, REGARDLESS OF THE FORM OF ACTION. ANY FAILURE BY CROWSNEST BROADBAND TO ENFORCE THIS POLICY IN EVERY INSTANCE IN WHICH IT MIGHT HAVEAPPLICATION DOES NOT AMOUNT TO A WAIVER OF CROWSNEST BROADBAND’S RIGHTS.
Customer is solely responsible for all content transmitted using the service or the Equipment and shall not use the service or the Equipment in any way that could be harmful, damaging, or cause interference to Crowsnest Broadband’s network or to others.
Specifically, Customer shall not use the service or Equipment to communicate harassing, threatening, defamatory, pornographic, or obscene material or messages, to send or broadcast unsolicited commercial messages, to infringe copyrights, patents, or other intellectual property, to attempt to gain unauthorized or illegal entry to other’s computer systems or to transmit any virus, worm, or other malicious or potentially damaging code. Crowsnest Broadband reserves the unilateral right to suspend or terminate service to any account engaging in such activities.
10. Service Availability and SpeedCrowsnest Broadband’s wireless network is highly reliable, continuously monitored, and not normally affected by weather. However, extreme events outside of Crowsnest Broadband’s control, such as lightning strikes and severe weather can damage Equipment, and the quality and availability of Internet access.
The Customer Equipment can be affected by viruses or other problems in Customer owned Equipment or by conditions on the Internet itself.
Service may be temporarily unavailable during system repairs or modifications.
It is always Crowsnest Broadband’s intent to provide the access speeds indicated on the service order for a particular level of service , however, Customer should expect that some variations in speed may occur from time to time due to network conditions or conditions on the Internet.
Crowsnest Broadband does not make any specific service level guarantees or provide remedies for disruption of service unless specified on a service order or expressly set forth in this Agreement, but may at its sole discretion, give credit for or refund payments for any periods when its service is unavailable to Customer through failure of Crowsnest Broadband’s network.
Your service may limit the amount of data that limits your upload and or download each month (bandwidth) or may be priced according to the amount of bandwidth you use per month. Please see the description of your service by referring to your service order. If during any month, you exceed a monthly bandwidth limit associated with your service Crowsnest Broadband may change your service to one permitting such bandwidth use and you agree to the standard fees Crowsnest Broadband charges for such level of service. Crowsnest Broadband will provide you with thirty (30) days advance notice of any change to your service plan or rates.
Customer acknowledges that Crowsnest Broadband offers no guarantee or assurance regarding, and has no responsibility for, the accuracy, completeness, appropriateness or utility of documents, graphics, photos, music, and other content or services (Content) provided by Crowsnest Broadband or third parties over Crowsnest Broadband’s Service.
Customer also acknowledges that Crowsnest Broadband is not responsible for the actions of any third parties contacted by Customer over the service. Customer takes full responsibility for use of content in which others have proprietary or intellectual property rights, and agrees not to reproduce, broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate any such content over the service without prior written consent from content owners or rights holders.
Crowsnest Broadband will take reasonable efforts to safeguard any personal Customer information that it collects in the course of checking credit, planning installation, or providing service. Crowsnest Broadband does not sell Customer information or share it with third parties, except Crowsnest Broadband’s contractors, when required for the performance of their services.
Crowsnest Broadband will only disclose Customer information to authorized officials or agencies as required by law.
Crowsnest Broadband may from time to time offer additional services to its Customers, but any Customer may contact Crowsnest Broadband to opt out of receiving such marketing offers.
13. Suspension or Termination of Service
Crowsnest Broadband may limit, suspend or terminate Customer's service or this Agreement at any time and without providing notice to Customer if the Customer fails to pay any charges when due under this Agreement, or Crowsnest Broadband has reason to believe that Customer's service is being used in a fraudulent manner or illegal purpose, or in any way that adversely affects Crowsnest Broadband’s Customers or service, or if Customer's use of the service or Equipment exceeds limitations or violates any restrictions placed on Customer's account or otherwise breaches this Agreement.
Crowsnest Broadband may take any action that it deems necessary to protect its network, its rights, or the rights of its Customers, licensors, and other third parties or to improve its network, its services and Equipment. Customer acknowledges that such action may include the use of methods or technologies to filter or block messages sent through the service or to notify Crowsnest Broadband of attacks or the potential for attacks by viruses or sources of "spam" from within its network.
Crowsnest Broadband reserves the right to filter spam or prevent hacking, viruses or other potential harms without regard to any Customer preference.
Crowsnest Broadband may suspend or terminate service to any Customer, without prior notice, if in its sole discretion such action is required to protect its network.
Crowsnest Broadband shall not be liable to Customer for exercising or failing to exercise its rights under this section to limit, suspend, or terminate service.
14. Limitation of Liability and Indemnification
Crowsnest Broadband makes no representations or warranties, statutory, express or implied, as to the suitability of its service for any particular purpose or as to the Equipment.
Customer assumes all responsibility for use of the service and acknowledges that interruptions of service may occur.
Crowsnest Broadband shall not be liable for any deficiency in the service, including but not limited to interruptions, Equipment failures, delays or defects, network problems, inability to access the service, or problems of unauthorized access, any suspension or termination of service by Crowsnest Broadband or any other action taken by Crowsnest Broadband to protect its network and the rights or property of Crowsnest Broadband, its Customers or licensors from potential harm, damage or personal injury allegedly caused by use of the Equipment or Service or any other damage due directly or indirectly from causes beyond Crowsnest Broadband’s control including, but not limited to, any act or omission of any carrier or service provider other than Crowsnest Broadband, acts of God, acts of public enemies, acts of the government, acts or failure of action of Customer, fires, floods, epidemics, quarantine restrictions, hazardous environmental conditions, strikes, freight embargoes, inability to obtain materials or services, war, terrorism, unusually severe weather conditions or default of Crowsnest Broadband’s subcontractors.
Crowsnest Broadband’s sole liability for service disruption, regardless of cause, is limited to a credit proportional to the charges to Customer for the period of service disruption or other credit specified in a service order. Such compensation aside, and to the extent permitted by applicable law, Crowsnest Broadband shall not be liable for damages, or for consequential, incidental, special or other indirect damages, nor for economic loss, personal injury, or property damage sustained by Customer or any third parties.
This section shall survive termination of this Agreement. Crowsnest Broadband will not be liable for any damages, including property damages, roof damages such as water leaks or any other form of damage resulting from installation or use of the Equipment by Customer or any third party, including Crowsnest Broadband’s contractors.
If Equipment is lost or stolen, Customer agrees to promptly notify Crowsnest Broadband and to provide Crowsnest Broadband with any documentation or information that it requests and otherwise cooperate with Crowsnest Broadband in the investigation of such incident.
Customer shall be responsible for any loss or damage to any Equipment belonging to Crowsnest Broadband on Customer’s premises. Customer shall indemnify, defend, and hold Crowsnest Broadband harmless from any violation by Customer of any applicable law or regulation.
Customer will further indemnify Crowsnest Broadband for any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information or content that Customer submits, posts, transmits or makes available through the service or Customer's use of the service or Equipment, Customer's actual or alleged violation of this Agreement, or Customer's actual or alleged violation of any rights of a third party.
This Agreement and the documents to which it refers form the entire Agreement between Customer and Crowsnest Broadband. If Customer is a business or other organization, the Customer represents and warrants that the individual accepting this service Agreement on behalf of the Customer is authorized to do so.
This Agreement is not for the benefit of any third party. No failure or delay by Crowsnest Broadband in exercising any right or remedy shall operate as a waiver. Any waiver by Crowsnest Broadband of any provision in this Agreement must be in writing and shall apply only to the specific default identified in the waiver.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
17. Changes to this agreementThis agreement may be changed, and or updated at any time without prior notification. The most recent version of this agreement may always be found on the website of Crowsnest Broadband. www.crowsnestbb.net