This Wireless Network Subscriber Agreement ("Agreement") is made and entered into by and between Remotely Located A California Corporation., ("Remotely Located") and Customer and shall become effective upon successful installation by Remotely Located at Customer's service address. This Agreement incorporates by reference the Rates and Charges applicable to the Bandwidth Plan and Equipment Plan selected by Customer while completing our on line signup form and set forth herein, and any Bandwidth Plan subsequently put into effect by Remotely Located and selected by Customer.
- "Customer", for purposes of this Agreement, shall be defined as a single individual, corporation, partnership, or other entity, or any subsidiary or branch office, which operates or resides at a single physical location (street address) and makes use of a device or devices at that single location in order to use the services provided by Remotely Located under this Agreement.
- "Device", for purposes of this Agreement, shall be defined by its MAC address or as any equipment that may have or could be assigned either a dynamic or static Internet Protocol Address for purposes of the services provided by Remotely Located under this Agreement.
Duties of Remotely Located
Remotely Located will provide the services provided herein (the "Service") to Customer upon the terms and conditions at the rates and charges specified herein or then in effect.
Availability of the Service
- The Service provided by Remotely Located is "Fixed Wireless Internet Access" operating in the Unregulated Frequencies. The Service shall be available to Customer when within the effective working range of Remotely Located's wireless network. Service may be temporarily unavailable or limited because of capacity limitations, and is also subject to transmission limitations caused by atmospheric and other natural or artificial conditions adversely affecting transmissions. Services may also be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocation, repairs, and similar activities of Remotely Located necessary for the proper or improved operation of the Service. As part of the service Remotely Located will provide access to the Internet to each device, which is directly connected to Remotely Located's network.
- Remotely Located is not responsible for providing Internet connectivity to any devices that are not directly connected to its Wireless Network or that share a connection to its network via a Local Area Network, nor is Remotely Located responsible to provide any networking services to the Customer other than Internet Access as previously stated. All networking services required by Customer to devices including router, switch, wireless access point, or other networking (multiple computer) setups are NOT the responsibility of Remotely Located.
- Hardware, Installation and/or consultation, maintenance, or repair services are offered at an additional cost for Local Area Network configuration.
- Customer hereby acknowledges that it understands that the bandwidth and connection speed represents that maximum bandwidth available to each customer and that its actual connection speed is likely to vary based on actual internet traffic and other uncontrollable internet backbone issues.
- Customer understands that Remotely Located provides no guarantee that the bandwidth and connection speed will be achieved during normal operation.
- Remotely Located will take all reasonable steps to keep its service in full, working order. However, nothing in this agreement shall be construed as a guarantee of continuous, uninterrupted service. Remotely Located makes no guarantee against loss of business or loss of data, personal internet or PC security either by the reseller or its customers, due to downtime. Remotely Located controls access to the Remotely Located network. Remotely Located will perform due diligence to provide security for Customers, however,
- Customer PC security and protection from viruses, hackers, or any other possible invasive PC attacks is the sole responsibility of the customer.
- At the time of Installation of Service, Remotely Located or its designee shall perform a signal test at the Customer location. If, in the professional opinion of Remotely Located, or its designee, adequate signal is available, this Agreement shall remain in full force and effect and the parties shall enjoy their rights and perform their duties as provided herein. If, however, in the professional opinion of Remotely Located, or its designee, adequate radio signal is not available, the Customer shall have the option to terminate this Agreement or enter into a new Subscriber Agreement. In the event the original Agreement is terminated, by the Customer, and the Customer does not enter into a subsequent or revised Subscriber Agreement, Remotely Located shall credit Customer's account for all amounts collected by Remotely Located, or its designee. In the event the original Subscriber Agreement with a particular customer is voided, and a new Subscriber Agreement is obtained by Remotely Located, or its designee, the amount collected pursuant to the original Subscriber Agreement shall be credited to the Customer's account and Remotely Located shall collect the balance due from the Customer, if any, prior to the activation of service.
If the amount due prior to activation pursuant to the revised Subscriber Agreement is less than the amount collected pursuant to the original Subscriber Agreement Remotely Located shall credit the Customer's account the difference.
Billing and Disputes
- Customer agrees to pay all applicable charges, including monthly service and use charges and any local, state, or federal taxes imposed on such charges whether now in effect or levied in the future. Service charges will be billed from the date of activation, and monthly thereafter. Customer must pay monthly service fees by a Visa, MasterCard, Discover or American Express Logo Credit or Debit card. Any inquiries, objections and complaints regarding invoices or other matters should be directed to Remotely Located in writing (email is acceptable). If Remotely Located does not receive objections in writing or email within fifteen (15) days after the disputed charge from Customer, the charge shall be deemed correct and binding upon Customer.
- When a customer's service is activated, the billing will begin on that day. Customer receives an email confirmation of charges that will appear on the credit card statement for the month, if Remotely Located has notice of a functioning email address. Customer startup fees (installation or hardware charges) will appear separately on the customer’s credit card statement.
- Remotely Located retains the right to credit/refund customers for service outages based on legitimate network outages or issues based on Remotely Located defined criteria. Credits/refund amounts are based on per day pricing specific to each plan. Customer is responsible for reporting outages at their location in a timely manner as to allow Remotely Located the opportunity to correct any "Remotely Located caused" outage. Remotely Located will not credit/refund for customer outages that are caused by customer owned hardware, customer performed actions, customer system or configuration changes, or new software at location. Please contact us at 530-651-1736 or firstname.lastname@example.org.
- Customer billing statements must be requested. Automatic billing notifications will be sent as credit cards are charged to the customers primary Remotely Located email address.
- If Customer charge card is declined and no updated information (card numbers, expiration dates, name changes), or account balance remedies are made by Customer for 30 days, Remotely Located will terminate the connection no later than the 15th of the month. Customer can re-establish connection by paying a $25 re-connection fee.
Limitation of Remotely Located Liability
- Customer expressly agrees that the use of the Remotely Located High-Speed Internet connection are at the customer's sole risk. This connection and the Internet are provided "AS IS" and "AS AVAILABLE" for your personal use, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Remotely Located provides the Remotely Located Internet service on a commercially available and reasonable basis and does not guarantee customers will be able to access the service at a time or location of their choosing.
- A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors, defects or curtailments in Service caused by the negligence or willful act of Customer or others.
- Remotely Located shall in no event be liable for Service interruption or delays in transmission, errors, or defects, or curtailments in Service transmission, or failure to transmit service when caused by acts of God including but not limited to icing, fire, war, riots, Governmental authorities or other causes beyond Remotely Located's control.
- THE LIABILITY OF Remotely Located IN CONNECTION WITH THE SERVICE PROVIDED BY Remotely Located IS SUBJECT TO THE FOREGOING LIMITATIONS AND Remotely Located MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE, AS TO THE PROVISION OF SUCH SERVICE.
- In the event that Remotely Located installs the equipment at Customer's location, it shall warranty the equipment for ninety (90) days from date of installation and shall provide a ninety (90) day warranty on its workmanship. When Remotely Located, or its designee, installs equipment at the customer's property, Remotely Located or its designee, will be responsible only for any actual damage to property that may occur and will compensate only for reasonable cost not to exceed $500.00. Where computer equipment is involved, the customer is responsible for maintaining proper data back-up procedures prior to equipment installation or subsequent service maintenance to assure no loss of data. Under no circumstances will Remotely Located or its designee be responsible for data loss or hardware damage that occurs during installation or subsequent service maintenance.
Appropriate Use of Service
The Service is designed and priced for residential customers and is not offered as a business solution, network server, or P2P peer-to-peer network server solutions. The Service is for use by Customer for any lawful purpose. The Service shall not be used to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, to contact or transmit information in any form to another person as to annoy, abuse, threaten, or harass such other person, or for any purpose in violation of law, or in such manner as to interfere unreasonably with the use of the Service by any of Remotely Located's users.
Customers shall be charged for the services provided by Remotely Located in accordance with the effective Bandwidth Plan. Sub-licensing to third parties or nearby neighbors is prohibited. Re-broadcasting, pirating, or sharing signal beyond the Customers residence is prohibited. Remotely Located reserves the right to monitor bandwidth of each account to ensure single party usage of the connection. Customer hereby agrees to pay Remotely Located $10,000 for each such violation.
Disconnection and Termination of Service by Remotely Located for Cause
- Upon non-payment of any sum when due Remotely Located or upon a violation of any of the conditions governing the furnishing of Service, whether such non-payment or violation is pursuant to this Agreement or any other Agreement between Customer and Remotely Located. Remotely Located may upon notice to Customer in writing or by telephone without incurring any liability to Customer, either temporarily discontinue or permanently terminate the furnishing of Service to Customer at Remotely Located's sole discretion, either in whole or in part.
- Service may be refused, discontinued, or terminated without notice in the event the Service is used in such a manner that will adversely affect Remotely Located's service to any of its other users or if it is determined by Remotely Located that Customer's Equipment adversely affects Remotely Located's service to any of its other users. This includes excessive P2P (peer to peer) network usage, servers, or heavy use for the purpose of running a business. Remotely Located offers business solutions and pricing options for such customers.
- Customer will pay attorneys' fees, collection fees, and similar expenses incurred by Remotely Located in the enforcement of any right or privilege hereunder. In addition, Customer shall pay interest at the rate of 1.5% per month on any charges on which Customer is delinquent in payment. All other provisions herein not withstanding, Remotely Located reserves the right to interrupt and or disconnect service of Customer at any time for any reason.
Equipment and Maintenance
- Remotely Located leases the equipment necessary (based on a specific or special offering) to access Remotely Located's network for a one time setup and install fee.
- Remotely Located maintains only Remotely Located supplied hardware for the warranty period of 90 days. Once signal is confirmed at Remotely Located hardware, Customer is solely responsible for the home network or connected computer or network hardware. Remotely Located may provide courtesy troubleshooting or initial connection of Ethernet to Customer computer, however, additional network or PC updates, fixes or enhancements will be provided at an additional cost to customer.
- Any costs incurred in retrieving any equipment, as a result of Customer's failure to pay for such equipment, whether equipment is being purchased or provided, including reasonable attorney's fees and costs, shall be paid by Customer.
- Remotely Located shall be responsible for maintenance of all equipment provided by Remotely Located so long as the equipment is still under warranty and the maintenance is not required as a result of Customer's misuse or abuse of such equipment in which case Customer shall be responsible for maintenance and/or repairs and liable to Remotely Located for any damages thereto. Once the warranty expires on purchased or leased equipment, Customer shall be solely responsible for all maintenance and repairs thereto.
- Customer will provide reasonable access to Remotely Located hardware. Remotely Located will notify customer of required maintenance and will schedule service appointment.
- In the event that Customers computers are configured in a Local Area Network, Customer agrees that the Customer shall be responsible to configure, at its expense, its network with a dedicated Ethernet card so that data requests intended to be confined to its LAN are not broadcast across Remotely Located's Wireless Network.
- Rates and Charges
- Customer agrees to pay Remotely Located monthly service fees as provided in this Agreement. Prior to activation of service, Customer agrees to pay Remotely Located a one-time installation, setup, and/or hardware fee. Thereafter, the Monthly fees will be charged until termination of the Month to Month Agreement. Upon proper cancellation, Customer shall immediately return, in satisfactory condition, any equipment provided by Remotely Located, and Customer hereby grants Remotely Located reasonable access to his/her/its premises for the purpose of removal of any equipment. Remotely Located reserves the right to modify or delete any rate plan at its sole discretion with at least 30 day notification to customer.
- Term of Agreement
- Remotely Located Month-to-Month plan. This Agreement shall become effective on the date that Remotely Located activates service at Customer's location and shall continue in effect for 30 days from the date of activation. Any requests for cancellation of the Service or other communications with Remotely Located must be submitted in writing thirty days (30) prior to the next billing date (the 1st of the month) This statement must include Customer Name, Address, Apartment Number and Customer's signature. If the Customer cancels service, or vacates the location without the required notice, the entire month is charged and no refunds or credits will be issued. Please contact us at 530-651-1736 or email@example.com.
- Customer shall remain responsible for all outstanding charges and fees for service rendered following the termination, cancellation, or expiration of the initial term or any renewal thereof.
- If Customer charge card is declined and no updated information (card numbers, expiration dates, name changes), or account balance remedies are made by Customer for 30 days, Remotely Located will terminate the connection. Customer can re-establish connection by paying a $25 re-connection fee.
Service Cancellation Notice
- Any requests for cancellation of the Service or other communications with Remotely Located must be submitted in writing thirty days (30) prior to the next billing date (the 1st of the month). Remotely Located will provide an online method of account cancellation. This statement must include Customer Name, Address, and Customer's signature (or digital signature).
A cancellation fee of $200.00 will be assessed for Service cancellations within 12 months of activation. Please contact us at 530-651-1736 or firstname.lastname@example.org.
- This Agreement shall not be assigned in whole or in part by Customer and any attempt to do so shall be deemed a breach of this Agreement by Customer and Remotely Located shall have the right of disconnection and termination as allowed herein. Remotely Located may, however, assign all of its rights, duties, and obligations hereunder to any third party. The "Internet" connection provided by Remotely Located shall not be used/shared beyond the customers' property or business location. Customer agrees to not share this connection with other users through the use of any wireless network equipment not authorized by Remotely Located.
- Any failure on the part of either party hereto to exercise, not to exercise, or to delay in exercising, any right, power, or remedy hereunder shall not operate as a waiver thereof.
- Remotely Located shall provide equipment and service in accordance with IEEE Standard 802.11. Due to the nature of radio communications, privacy of data transmissions conducted by wireless networks cannot be guaranteed and Customer agrees that it is solely responsible for security of its data and that it shall indemnify, defend and hold harmless Remotely Located and its Licensor from and against any and all suits, actions, proceedings or allegations of breaches in its security which may in any way be related to Remotely Located's Network.
- This Agreement is subject to applicable Federal laws, Federal or State tariffs, if any, and the laws of the State of California. Any lawsuit against Remotely Located must be brought in Amador County, California. Where Remotely Located's service, terms and conditions are regulated by California State and or Federal law, and if there are inconsistencies between this Agreement and the State or Federal law, the State or Federal law will amend this Agreement.
- This Agreement, the Schedule of Rates and Charges executed by the parties hereto supersedes all prior discussions and Agreements between the parties with respect to the subject matter hereof and contains the sole and entire Agreement between the parties with respect to the matters covered hereby.
This Agreement can be changed at any time by Remotely Located. to view the up to date agreement visit our Terms of Service page.