Craw-Kan
Telephone Cooperative, Inc.
Wireless
Internet Access Service Agreement
Tel:
800-362-0316 Address: 200 N. Ozark, PO Box 100, Girard, KS 66743
THIS AGREEMENT
is entered into by and
between the (“Subscriber”) and
Craw-Kan Telephone
Cooperative Inc., the (“Seller”), 200 N. Ozark, Girard,
KS 66743, for the purpose of establishing the terms and conditions
under which the Seller will provide Wireless Internet Access Service.
SERVICE
DELIVERY: Craw-Kan
Telephone Cooperative Inc. will provide for the length of service, a
wireless Internet access connection. There is no minimum guaranteed
speed for the Service. Connection speeds can vary due to Internet
congestion, server or router speeds, protocol overheads, and other
factors which cannot be controlled by Craw-Kan Telephone Cooperative
Inc. By accessing or using the wireless internet service, you agree
to all terms and conditions contained in this agreement.
Subscription to wireless internet service does not grant membership
in Craw-Kan Telephone Cooperative, Inc.
SERVICE TERM:
This Agreement shall be in effect for an initial term of 12 months
beginning on the date installation is completed at customer’s
location. At the end of this initial term, the service will revert
to a month-to-month service agreement.
PAYMENT
SCHEDULE: Subscriber
will be billed Set-Up charges, as well as the appropriate monthly
recurring charges for the Wireless application selected at the time
of the first bill. The Seller reserves the right to change, modify or
offer special promotions for the wireless product offering. Monthly
service charges are due and payable upon receipt of statement and are
considered delinquent after the 15th. Failure to pay
monthly service charges shall give Seller the right, without
liability, to temporarily disconnect Wireless service. A returned
check will be considered non-payment of the account. To restore
service will require payment of any unpaid balance along with a $20
reconnect charge. If service is not reconnected within seven (7)
calendar days, the Wireless service may be permanently disconnected.
To restore service after permanent disconnect, pre-payment of full
unpaid balance, early termination charge along with a deposit at the
discretion of Seller and new installation charges may apply.
LATE PAYMENT
FEES: A late payment
fee of $2.00 per month will be added on past due accounts.
RETURNED CHECK
CHARGE: A
$25.00 processing fee will be charged on all returned checks.
EARLY
TERMINATION: If
Subscriber cancels/terminates service, or fails to maintain and pay
for 12 consecutive months, Subscriber may be charged a $250
Termination Charge.
CHANGES TO
SERVICE:
A move of service will be considered a disconnect and new install,
and charges for new service will apply.
CRAW-KAN
PROVIDED EQUIPMENT: All
Craw-Kan Telephone Cooperative Inc. owned equipment that is installed
to provide Wireless services is, and shall remain the property of
Craw-Kan Telephone Cooperative Inc. Subscriber will not permit the
equipment to be moved, dismantled or tampered with, or use it for any
purpose contrary to the Agreement. Subscriber will take responsible
care to prevent damage to the equipment. Any damage other than normal
wear is the Subscriber's responsibility. Subscriber will be required
to pay for any damages not deemed normal by Seller. If Service is
terminated for any reason either by Subscriber or Seller, Subscriber
shall return all the equipment to Craw-Kan Telephone Cooperative Inc.
within 10 days. If Seller has not received the equipment from the
subscriber within the allotted time frame, Seller reserves the right
to collect equipment without prior notification to the Subscriber.
Subscriber accepts that Seller will be installing equipment on
subscriber’s residence/business. Seller will not be held
liable for any incidental damages that may occur from the
installation or removal of equipment.
CUSTOMER
PROVIDED EQUIPMENT:
Seller is not responsible for equipment purchased/installed by the
Subscriber. Prior to installation, Subscriber is responsible for
ensuring that their computer is configured for Wireless connection.
Seller will provide/install Wireless service to the demarcation point
not more than 100 feet from where signal
and mountable location for wireless antenna unit at the Subscriber's
premises exists at the Subscriber's request. Seller will provide,
inside wiring and jack work for an additional charge. It is not a
router and does not support networks. The provided access device does
not have firewall capabilities. In the event a Subscriber installs a
network utilizing the Seller provided Wireless access device, it is
with clear understanding that Seller is not responsible for any
problems that may occur.
SERVICE CALLS:
If Craw-Kan Telephone Cooperative Inc. is called to the Subscriber's
site and it is determined that the problem is other than the Wireless
service and/or the Wireless interface, a service fee of $45 will be
charged for the first hour or any fraction thereof, and $45 for each
additional half hour increment. The stated rates apply during regular
business hours. Out-of-hours, weekend and holiday rates will be
higher.
LIMITATIONS OF
LIABILITY:
Seller
will make reasonable efforts to provide continuous, uninterrupted,
expedient and error-free Service to you. Under no circumstances
shall Seller be liable to you or any other person for any special,
incidental, consequential or punitive damages of any kind,
including without limitation, loss of profits, loss of income or
cost of replacement Services.
Any
Software provided hereunder is provided on an as-is basis. Seller
makes no express or implied warranties (including those of
merchantability or fitness for a particular purpose) with respect
to the Software provided.
Seller’s
liability for damages, including but not limited to damages in
regards to interruptions of Service, for mistakes, omissions,
delays, errors and defects in the provision of the Service shall in
no event exceed an amount equal to the pro-rata charges to you for
the period during which the Service is affected.
EXCEPT
AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER HEREBY DISCLAIMS
ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS,
MERCHANTABILITY AND PERFORMANCE AND ANY WARRANTIES ARISING FROM A
COURSE OF DEALING, USAGE OR TRADE PRACTICE.
SELLER
MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR
THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES SELLER MAKE ANY WARRANTY AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.
FURTHERMORE, SELLER PROVIDES NO GUARANTEE WITH REGARD TO THROUGHPUT
SPEEDS WITH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
SELLER
MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH THE
SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTION ARE
CONDUCTED ENTIRELY AT YOUR OWN RISK.
USE
LIMITATIONS: You
agree to comply with all Federal and State regulations and the rules,
regulations and policies to any network that you access through the
Service. Any violation of such rules, regulations and policies shall
be cause for Seller to suspend or terminate the Service.
Nothing
contained in this Agreement may be construed to convey to you any
interest, title, or license in the user ID, electronic mail
address, Universal Resource Locator, IP Address or domain name used
by you in connection with the Service.
Seller
reserves the right to suspend or terminate the Service to you, or
to suspend or terminate any user ID, electronic mail address,
Universal Resource Locator or domain name used by you, in the event
it is used in a manner which (i) constitutes violation of any law,
regulation or tariff (including, without limitation, copyright and
intellectual property laws); (ii) is defamatory, fraudulent,
obscene or deceptive; (iii) is intended to threaten, harass or
intimidate; (iv) tends to damage the name or reputation of Seller,
its affiliates and subsidiaries; or (v) interferes with other
customers' use and enjoyment of the Services provided by Seller.
You
understand and agree that any attempt to break security, or to
access an account which does not belong to you, shall be considered
a material breach of this Agreement, and such breach may result in
suspension or termination of the Service. You further agree to
immediately notify Seller of (i) any unauthorized use of your
account and/or (ii) any breach, or attempted breach, of security
known to you.
The
Service has been designed to be used at the residence or business
at which it was installed. You may not allow other residences or
businesses to connect to your Service or re-sell your Service in
any manner. Such action may be subject to immediate termination and
you will be charged termination fees, if applicable.
FORCE MAJEURE:
Neither
Seller nor Subscriber shall be responsible for damages or for delays
or failures in performance resulting from acts or occurrences beyond
their reasonable control, including, without limitation: fire,
lighting, explosion, power surge or failure, water, acts of God, war,
revolution, civil commotion or acts of civil or military authorities
or public enemies: any law, order, regulation, ordinance, or
requirement of any government or legal body or any representative of
any such government or legal body; or labor unrest, including without
limitation, strikes, slowdowns, picketing, or boycotts; inability to
secure raw materials, transportation facilities, fuel or energy
shortages, or acts or omissions of other common carriers.
ARBITRATION:
Subscriber and Seller
agree that both parties shall resolve any disputes arising under this
Agreement through binding arbitration pursuant to the rules of the
American Arbitration Association. The determination of the
arbitrator shall be final, binding and conclusive upon the parties
and enforceable in court of competent jurisdiction. If Seller
prevails in any dispute it shall be entitled to reasonable attorney’s
fees and cost. This Agreement will be construed in accordance with
laws of the State of Kansas. This arbitration procedure shall mean
Subscriber agrees to waive their right to a jury trial.
