Penn Wisp LLC. TERMS OF SERVICE April 15, 2015
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 high speed wireless data
communications services to you at
the address or location specified in the Service order, 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 PennWisp LLC. ("PennWisp") and the Customer, both of
whom agree as follows:
1. Acceptance
Customer has accepted and shall be bound by all of the terms and conditions set forth in this Agreement.
(1) Provides PennWisp with a
written or electronic signature on a service order.
(2) Verbally orders service and
accepts this Agreement if ordering from PennWisp by phone
(3) Activates and or uses
internet service through the Equipment
(4) Pays a PennWisp invoice
(5) Utilizes the web portal for
one time or recurring credit card payment.
2. Fees
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 PennWisp has to 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 PennWisp when any award
is in favor of PennWisp.
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 PennWisp.
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 PennWisp network, an hourly troubleshooting fee may be charged. The troubleshooting
fee may be charged without any obligation of PennWisp to repair, replace or
otherwise alter Customer owned Equipment.
3. Term
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 PennWisp
or Customer upon thirty (30) days prior, written notice.
4. Installation
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 PennWisp
or its contractor to install the Equipment necessary to receive the service and
agrees to allow PennWisp 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 PennWisp
under this Agreement is and shall remain the exclusive property of PennWisp and
must be returned to PennWisp in good and working condition upon the
termination, expiration, or disconnection of your PennWisp 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 PennWisp in good and working condition within 15 days after
termination, expiration, or disconnection of service associated with this Agreement
then PennWisp shall have the right to charge you up to $750 for the Equipment
and Customer agrees to pay such charge and Customer hereby authorizes PennWisp to
charge such amount to your credit card or checking account. In the event PennWisp
does not have the Customer credit card or checking account information on file
the Customer agrees to immediately pay PennWisp for the Equipment upon
presentation of an invoice.
5. DE installation
In the event of cancellation, the
Customer may opt to have a PennWisp contractor or technician remove the PennWisp
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 PennWisp 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 PennWisp 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. PennWisp may at any time repossess its Equipment from Customer
premises and Customer hereby consents to PennWisp’s entry upon Customer’s
premises for such purposes.
6. Jurisdiction
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 County of Tioga, Pennsylvania.
7. Payment
Upon activation of Service, Customer
agrees to pay PennWisp 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 PennWisp of any changes to the credit
or debit card or bank account used for payment. In addition to PennWisp’s
charges, the Customer also agrees to pay any federal, state, or local taxes,
usage charges, or other fees imposed on Customer or PennWisp and directly
associated with Customer service or Equipment.
PennWisp
will resolve all disputed charges in its sole discretion. If PennWisp 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, PennWisp
may charge Customer a late fee of 10% of the amount due, or such amount as is
permitted by law. If Customer fails to pay by due date, then PennWisp 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, PennWisp may at any time repossess its Equipment from Customer
premises and Customer hereby consents to PennWisp’s entry upon Customer’s
premises for such purposes. In addition if Customer fails to pay any amounts
when due under this Agreement, PennWisp 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.
PennWisp 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.
PennWisp 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 PennWisp network or
the service or any other party's use or enjoyment of the service.
Specifically,
you may not:
o Attempt to gain unauthorized
access to data, accounts, servers, systems or networks associated with the service,
or to probe, scan or test the vulnerability of a system or network associated
with the service or those of any other party.
o Interfere with service to any
user, host or network including, without limitation, mail-bombing, flooding, or
attempting to overload the system.
o Forge or falsify any TCP-IP
packet header or any part of the header or address information in an e-mail or
a newsgroup posting or otherwise conceal the sender's or the recipient's
identity. Use the service to engage in activities
that violate any terms or conditions of any other network access provider or
Internet service provider.
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 PennWisp’s judgment:
o Is threatening, abusive,
libelous or defamatory, indecent or obscene, fraudulent, invasive of another's
privacy, or pornographic.
o Victimizes, harasses, degrades,
or intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, disability or any other
reason.
o Contains viruses, corrupted
files, or any other similar software or programs that may damage the operation
of another's computer.
o Damages PennWisp’s network and
Service, including, without limitation, overloading servers on the network or
causing portions of the network to be blocked by other network providers.
o Use the Service to send
unsolicited mass e-mailings from any PennWisp account or via another service
which in any way implicates the use of this service or any PennWisp e-mail
address or that is relayed from any PennWisp or third party's mail servers without
permission.
o PennWisp reserves the right to
take all legal and technical steps available to prevent unsolicited bulk e-mail
or other unauthorized e-mail from being sent from or transmitted through the PennWisp
Network. The transmission of unsolicited bulk email may result in civil and
criminal penalties against the sender.
o PennWisp reserves the right to
limit the amount of data that you may upload and/or download each month
(bandwidth) based on the type of service you have ordered and the price
associated therewith. If PennWisp concludes, in its sole discretion, that Customer
is exceeding what PennWisp considers to be a reasonable use for such Service
ordered, PennWisp may change Customers service as provided for herein with
notice or alternatively, suspend or terminate your service.
o Participation in online communication
accessed through the service is not edited, censored or otherwise controlled by
PennWisp. However, PennWisp reserves the right to monitor content which is
transmitted or accessed through the Service, and to remove content, disable
sites, or suspend or terminate the service if PennWisp determines such content
or Customer practices are illegal, harmful, offensive, or otherwise in
violation of this policy.
o By posting or submitting
content to any PennWisp website, Customer grants PennWisp the right to use,
reproduce, display, adapt, modify, distribute and have distributed the content
in any form, anywhere and for any purpose; and you also warrant and represent
that you own or otherwise control all of the rights to the content and that
public posting and use of your content by PennWisp will not infringe or violate
the rights of any third party.
o Customer acknowledges and agrees
that copyrights, trademarks, service marks, patents and other proprietary
rights and laws protect the content and materials available on any PennWisp website
or through the PennWisp Service. Except as expressly authorized, Customer agrees
not to use the Service in any manner that would infringe, violate, dilute or is
appropriate any such rights with respect to any material.
o The PennWisp name, logo, and
design marks are trademarks of PennWisp, and may be used only with the express
written permission of PennWisp.
o PennWisp takes Customer
violations seriously and will investigate complaints and, where appropriate,
may remove content, suspend or terminate services, or take other action as
necessary.
o PENNWISP 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.
PENNWISP DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY OR
USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED. IN NO EVENT
SHALL PENNWISP 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
PENNWISP WEBSITE ASSOCIATED WITH THE SERVICE, INCLUDING ANY LOSS OF USE, DATA
OR PROFITS, REGARDLESS OF THE FORM OF ACTION. ANY FAILURE BY PENNWISP TO
ENFORCE THIS POLICY IN EVERY INSTANCE IN WHICH IT MIGHT HAVE APPLICATION DOES
NOT AMOUNT TO A WAIVER OF PENNWISP’S RIGHTS.
o Please send reports of any
activity in violation of law or this Policy to abuse@PennWisp.com. PennWisp and
its service providers will reasonably investigate incidents involving such
violations. PennWisp and its service providers may involve and will cooperate
with law enforcement officials if any criminal activity is suspected.
o Customer shall be bound by PennWisp's Acceptable Use Policy as amended from time to time and posted on the www.PennWisp.com website, which is hereby incorporated by reference as part of this Agreement.
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 PennWisp’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. PennWisp
reserves the unilateral right to suspend or terminate service to any account
engaging in such activities.
o In addition, PennWisp Customers
may not resell or lease PennWisp’s service or Equipment to any other person or
party, provide it to persons not a resident on Customer’s premises, use it to
operate an Internet Service Provider enterprise, or operate servers connected
to the Internet for commercial purposes.
10. Service
Availability and Speed
PennWisp’s wireless network is
highly reliable, continuously monitored, and not normally affected by weather.
However, extreme events outside of PennWisp’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 PennWisp’s intent to
provide the access speeds indicated on the service order for a particular level
of service at all times, however, Customer should expect that some variations
in speed may occur from time to time due to network conditions or conditions on
the Internet.
PennWisp 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 PennWisp’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 particular service by referring to your service order. If during any month, you exceed a monthly
bandwidth limit associated with your service PennWisp may change your service
to one permitting such bandwidth use and you agree to the standard fees PennWisp
charges for such level of service. PennWisp will provide you with thirty (30)
days advance notice of any change to your service plan or rates.
11. Content
Customer acknowledges that PennWisp
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 PennWisp or
third parties over PennWisp’s Service.
Customer also acknowledges that PennWisp
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.
12. Privacy
PennWisp will take reasonable
efforts to safeguard any personal Customer information that it collects in the
course of checking credit, planning installation, or providing service. PennWisp
does not sell Customer information or share it with third parties, except PennWisp’s
contractors, when required for the performance of their services.
PennWisp will only disclose Customer
information to authorized officials or agencies as required by law.
PennWisp may from time to time
offer additional services to its Customers, but any Customer may contact PennWisp
to opt out of receiving such marketing offers.
13. Suspension or Termination of Service
PennWisp 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 PennWisp 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 PennWisp’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.
PennWisp 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 PennWisp
of attacks or the potential for attacks by viruses or sources of
"spam" from within its network.
PennWisp reserves the right to
filter spam or prevent hacking, viruses or other potential harms without regard
to any Customer preference.
PennWisp may suspend or terminate
service to any Customer, without prior notice, if in its sole discretion such
action is required to protect its network.
PennWisp 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
PennWisp 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.
PennWisp 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
PennWisp or any other action taken by PennWisp to protect its network and the
rights or property of PennWisp, 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 PennWisp’s
control including, but not limited to, any act or omission of any carrier or
service provider other than PennWisp, 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 PennWisp’s subcontractors.
PennWisp’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, PennWisp 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. PennWisp will not be liable for any damages,
including property damages, resulting from installation or use of the Equipment
by Customer or any third party, including PennWisp’s contractors.
If Equipment is lost or stolen, Customer
agrees to promptly notify PennWisp and to provide PennWisp with any
documentation or information that it requests and otherwise cooperate with PennWisp
in the investigation of such incident.
Customer shall be responsible for
any loss or damage to any Equipment belonging to PennWisp on Customer’s
premises. Customer shall indemnify, defend, and hold PennWisp harmless from any
violation by Customer of any applicable law or regulation.
Customer will further indemnify PennWisp
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.
15. General
This Agreement and the documents
to which it refers form the entire Agreement between Customer and PennWisp. 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 PennWisp in exercising any right
or remedy shall operate as a waiver. Any waiver by PennWisp of any provision in
this Agreement must be in writing and shall apply only to the specific default
identified in the waiver.
16. Severability
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.
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