Broadband Internet Acceptable Use Policy
THIS ACCEPTABLE USE POLICY (“AUP” OR “POLICY”) IS A MATERIAL PART OF ANY AGREEMENT WITH COMLINK BUNDLE FOR PROVISION OF ITS SERVICES TO ITS CUSTOMERS. PLEASE READ AND FOLLOW THIS POLICY CAREFULLY. THIS POLICY MAY BE REVISED FROM TIME TO TIME BY COMLINK BUNDLE, OR AS OTHERWISE SET FORTH BELOW
Skybeam, LLC and its affiliates, d/b/a Comlink Bundle (collectively “COMLINK BUNDLE”) has established this AUP for subscribers (“YOU” or “YOUR”) of COMLINK BUNDLES’s Internet access service, email, web hosting, voice-over-IP telephone service, or other Internet related services (collectively the “Service”) by designating standards for acceptable and unacceptable uses of the Service. This AUP forms part of the agreement between COMLINK BUNDLE and YOU and is incorporated by reference into COMLINK BUNDLE’s terms and conditions for the applicable Service (the “Terms”) All subscribers of the Service and anyone who uses or accesses the Service, must comply with, and shall be bound by the terms of this AUP. COMLINK BUNDLE supports the free flow of information and ideas over the Internet as described in the COMLINK BUNDLE Open Internet Statement and Policy YOUR access to the Service is conditioned on legal and appropriate use of the Service. YOUR use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of COMLINK BUNDLE, or any third party.
PROHIBITED USES OF THE SERVICE. For the benefit of all of COMLINK BUNDLE’s subscribers, as a condition of the Service, COMLINK BUNDLE prohibits the following activities:
1. Unlawful or Improper Use of the Service. YOU may not use the Service in a manner prohibited by any applicable laws or regulations. Without limiting the foregoing, YOU may not use the Service for any unlawful or abusive purpose, in any way that could damage, disable, overburden, or impair any COMLINK BUNDLE property, or in any way that directly or indirectly interferes with or disrupts our network or adversely affects another’s use or enjoyment of any Service, including other COMLINK BUNDLE subscribers. YOU may not use or attempt to use the Service in any manner such as to avoid incurring charges for or otherwise being required to pay for such usage. YOU may not circumvent or attempt to circumvent user authentication or security of any host, network, network element, or account (also known as “cracking” or “hacking”). This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account that YOU are not expressly authorized to access, or probing the security of other networks. YOU may not interfere or attempt to interfere with any services to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. YOU may not use any kind of program/script/command, or send messages of any kind, designed to interfere with (or which does interfere with) any server or a user’s session, by any means, locally or via the Internet. The Service is intended for periodic, active use. YOU may not use the Services on a standby or inactive basis in order to maintain a connection. Pinging is prohibited.
2. Excess Utilization of Network Resources. The excessive use or abuse of COMLINK BUNDLE ’s network resources by one subscriber may have a negative impact on all other subscribers. Accordingly, you may not use the Service or take any action, directly or indirectly, that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance, as determined in COMLINK BUNDLE’ sole discretion. Such prohibited actions include, but are not limited to: using the Service to host a web server site which attracts excessive traffic at your location, continuously uploading or downloading streaming video or audio, use net hosting, or continuous FTP uploading or downloading. In the event that you violate the terms of this provision COMLINK BUNDLE may, without limitation, restrict your access to COMLINK BUNDLE’ network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or immediately suspend or terminate your Service. In the event of termination of your Service, all applicable termination charges will apply.
3. Intellectual Property Infringement. YOU may not use the Service to store, transmit or receive any material that infringes on any patent, trademark, trade secret, copyright, or other proprietary or intellectual right of any party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, or the unauthorized transmittal of copyrighted software. COMLINK BUNDLE is registered under the Digital Millennium Copyright Act of 1998 (DMCA). Under the DMCA, copyright owners have the right to notify COMLINK BUNDLE if they believe a COMLINK BUNDLE customer has infringed the copyright owner’s work(s). If COMLINK BUNDLE receives a notice from a copyright owner alleging a Customer has committed copyright infringement, COMLINK BUNDLE will notify the Customer of the alleged infringement. If COMLINK BUNDLE receives more than one notice alleging copyright infringement on the Customer’s part, Customer may be deemed a “repeat copyright infringer.” COMLINK BUNDLE reserves the right to terminate the accounts and access to the Service of repeat copyright infringers. YOU are also prohibited from using the service to interfere with any technical measures employed by COMLINK BUNDLE that ARE used to ensure compliance with this policy.
4. Objectionable Material. YOU may not use the Service to advertise, solicit, store, post, transmit, disseminate, or otherwise make available material or information that is unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, state, national, or international law, order, rule, or regulation. COMLINK BUNDLE will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors.
5. Spamming, Junk E-mail and Invasion of Privacy. YOU may not use the Service to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, “junk mail”, unsolicited bulk e-mail, unsolicited duplicative e-mail, unsolicited commercial e-mail, fax broadcasting, fax blasting, or other activity that invade another person’s privacy (collectively, “Spam”). An e-mail may be “unsolicited” for purposes of this AUP if (1) the recipients’ e-mail addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from the sender, or (3) recipients have opted out of receiving communications from sender when given the opportunity to do so.
6. Fraudulent Activity. YOU may not use the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters.” YOU may not use techniques to hide or obscure the source of any e-mail or other communication.
7. Impersonation. YOU may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent YOUR affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, YOU may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing. Further, YOU may not alter, obscure or forge the MAC or IP addresses of the network’s equipment or systems used by COMLINK BUNDLE to provide the Service.
8. Software Viruses. worms, Trojan Horses time bombs, cancelbots, corrupted files, or other code that manifests contaminating or destructive properties. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Service or any connected network, system, service, or equipment are not permitted.
9. Collecting Information. YOU may not use the Service to store or collect, or attempt to store or collect, personal information about third parties without their prior knowledge and consent.
10. Newsgroups. YOU should use YOUR best judgment when posting to any newsgroup. Many groups have charters, published guidelines, FAQS, or “community standards” describing what is and is not considered appropriate. YOU must abide by such guidelines. YOU may not post or list articles which are off-topic according to the description of the group or send unsolicited mass e-mailings to ten or more people if such e-mail could reasonably be expected to provoke complaints from its recipients. Without limiting any other rights or remedies that COMLINK BUNDLE may have under this AUP, the applicable Terms or applicable law, COMLINK BUNDLE may cancel any postings that violate this AUP as determined by COMLINK BUNDLE in its sole discretion.
11. Use of Your Account by Others. YOU may not, through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited by this AUP. YOU may not permit YOUR network, through action or inaction, to be configured in such a way that gives a third party the capability to use the Service in an illegal or improper manner or for any purpose or in any manner prohibited by this AUP.
12. Reselling. YOU may not directly or indirectly reproduce, duplicate, copy, sell, provision, resell, rent, lend, pledge, transfer, distribute or exploit any portion of the Service without COMLINK BUNDLE’s prior written consent.
13. Forging of Headers. YOU may not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message.
14. Hacking. YOU may not access illegally, or without authorization, computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
15. Facilitating a Violation of this Policy. YOU may not advertise, transmit, or otherwise make available any software product, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
16. Export Control Violations. YOU may not use the service for the transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.
17. Other Illegal Activities. YOU may not use the service in violation of any applicable law or regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
ILLEGAL AND FRAUDULENT ACTIVITY
YOU acknowledge and agree that COMLINK BUNDLE may cooperate fully with investigations of possible illegal activity or violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Subscribers who violate systems or network security may incur criminal and/or civil liability. COMLINK BUNDLE may immediately suspend or terminate YOUR Service if COMLINK BUNDLE suspects abuse or fraudulent use of the Service, interference with our network, or violation of the AUP or applicable Terms, and may notify the appropriate authorities if it reasonably believes that such abuse or fraudulent use is in violation of applicable law. YOU must cooperate with COMLINK BUNDLE in any fraud investigation and use any fraud prevention measures that COMLINK BUNDLE prescribes. YOUR failure to provide reasonable cooperation may result in YOUR liability for all fraudulent usage.
Sharing YOUR User ID or password with any other person is absolutely prohibited. In the result that YOU do share YOUR User ID or password with another person, YOU will be solely responsible for the actions of that other person. Deletion, examination, copying, or modification of files and/or data belonging to other users without their prior consent is prohibited. Continued impedance of other users through mass consumption of system resources, after receipt of a request to cease such activity, is prohibited. Any unauthorized, deliberate action which damages or disrupts a computing system, alters its’ normal performance, or causes a malfunction, is a violation regardless of system location or time duration.
VIOLATIONS OF AUP
1. In the event that YOU violate this AUP, COMLINK BUNDLE may, without limitation, restrict YOUR access to COMLINK BUNDLE’s network, increase the fees associated with YOUR Service, including upgrading YOU to a higher class of Service, or immediately suspend or terminate YOUR Service. In the event of termination of YOUR Service, all applicable termination charges will apply. Except as expressly provided herein, the rights and remedies of COMLINK BUNDLE are cumulative and not exclusive of any rights or remedies that COMLINK BUNDLE may otherwise have at law or in equity. Waiver of any violation of this AUP by COMLINK BUNDLE shall not act as a waiver of any subsequent violation, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by COMLINK BUNDLE in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. YOU should read this AUP in conjunction with the Terms for any applicable Service and our other Policies which are set forth on our website. COMLINK BUNDLE has the right but not the obligation to monitor or restrict any uses of the Service that COMLINK BUNDLE believes in its sole discretion violates this AUP, any part of the applicable Terms, or applicable law. YOU are solely responsible for all content that YOU transmit or receive utilizing the Service, and are responsible for abuse of YOUR account by others.
2. In addition, violations of this AUP may result in a demand for: immediate removal of offending material; immediate, temporary or permanent filtering; blocked access; suspension or termination of service (in whole or in part); or other action appropriate to the violation, as determined by COMLINK BUNDLE, in its sole discretion. We reserve the right to take any such action without notice at any time, as determined by us in our sole discretion. COMLINK BUNDLE may involve, and will cooperate with, law enforcement if criminal activity or threatened criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations or alleged violations of this AUP. YOU will be liable to us for any damages incurred by us or amounts that are required to be paid by us that arise out of or are related to YOUR violation of this AUP, including, without limitation, damages paid to third parties, cost of repairs or replacements, reasonable attorney’s fees or other costs or damages incurred by us.
PRIVACY, MONITORING THE SERVICE, POLICY MANAGEMENT
COMLINK BUNDLE is under no obligation to monitor the Service, anyone’s use of the Service, or to retain the content of any user session. However COMLINK BUNDLE may do so from time to time in its discretion. Without limiting any other right of COMLINK BUNDLE under this AUP or the applicable Terms, COMLINK BUNDLE (a) reserves the right at all times and without notice to delete any content and (b) may disclose any information regarding YOU or YOUR use of the Service for any reason and at its sole discretion in order to satisfy applicable laws, regulations, orders, or governmental requests, or in order to operate and deliver the Service in an efficient manner, or to otherwise protect COMLINK BUNDLE’s property or legal interests and those of its subscribers. To protect its customers and its network COMLINK BUNDLE may, without limitation, block and allow traffic types as we see fit at any time.
COMLINK BUNDLE requests that any person who becomes aware of a violation of this AUP report the information to COMLINK BUNDLE at firstname.lastname@example.org If available, please provide the IP address used to commit the alleged violation and the date and time of the alleged violation. COMLINK BUNDLE may take any appropriate action as it deems fit in its sole discretion, including, but not limited to, one or more of the following actions in response to a report: issue a warning; suspend the subscriber’s newsgroup posting privileges; suspend the subscriber’s account; terminate the subscriber’s account; bill the subscriber for administrative costs and/or reactivation charges; bring appropriate legal action to enjoin violations and/or to collect damages, if any, caused by violations; or take no action.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act of 1998 (DMCA) and in accordance with Title 17, Section 512(c)(2) (as amended) of the United States Code, notifications of a claimed copyright infringement may be sent (a) by e-mail to email@example.com; (b) by regular mail to 619 14th Street SW, Loveland, CO 80537; or (c) to the Registered Agent for any COMLINK BUNDLE affiliate.
REVISIONS, RESERVATION OF RIGHTS
COMLINK BUNDLE reserves all rights including the right to revise, amend, or modify this AUP or any other Policy at any time, and any such revisions will be effective ten (10) days after posting on COMLINK BUNDLE’s website. YOU agree that YOUR continued use of the Service after the effective date of any such revision, amendment or modification will constitute YOUR acceptance thereof and YOU shall thereafter be bound by the terms of this AUP, as revised, modified or amended. IT IS YOUR RESPONSIBILITY TO CHECK COMLINK BUNDLE ’S WEBSITE REGULARLY, AS ALL OR ANY PART OF THIS AUP MAY CHANGE WITHOUT NOTICE.
The terms and provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms and ethics of the Internet community or the community at large, whether or not expressly mentioned in this AUP, is prohibited. We reserve the right at all times, with or without notice, to prohibit activities that damage our commercial reputation and goodwill or that affect the quality of our services or our ability to provide services.
YOU agree to indemnify and hold harmless COMLINK BUNDLE , and its suppliers and licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation, reasonable attorney’s fees) arising out of or related to YOUR use of the Service, any materials downloaded or uploaded through the Service, any actions taken by YOU in connection with YOUR use of the Service, any violation of any third party’s rights or an violation of law or regulation, or any breach of this AUP. This Section will not be construed to limit or exclude any other claims or remedies that COMLINK BUNDLE may assert under this AUP, the applicable Terms or by law.
Broadband Internet Terms and Conditions of Service
COMLINK BUNDLE RESIDENTIAL INTERNET SERVICE TERMS AND CONDITIONS
Thank you for choosing COMLINK BUNDLE for your Internet needs. This document is important–please read it carefully. THIS COMLINK BUNDLE RESIDENTIAL INTERNET SERVICE TERMS AND CONDITIONS AND ALL DOCUMENTS REFERRED TO HEREIN (collectively the “Agreement”), IS A LEGAL CONTRACT BETWEEN THE CUSTOMER (“USER”) AND SKYBEAM, LLC D/B/A COMLINK BUNDLE (“RISE”) AND SETS FORTH THE TERMS AND CONDITIONS BY WHICH RISE WILL MAKE AVAILABLE THE SERVICES USER HAS ELECTED TO RECEIVE (“the Service(s)”).
RISE RESERVES THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT AT ANY TIME BY POSTING THE REVISED AND UPDATED AGREEMENT ON RISE’s WEBSITE AT LEAST 30 DAYS IN ADVANCE OF THE EFFECTIVE DATE OF ANY CHANGES. RISE MAY NOTIFY USER OF ANY CHANGE BY: POSTING NOTICE OF CHANGES ON RISE’s WEBSITE; NOTIFYING USER BY EMAIL OR US MAIL; AND/OR NOTIFYING USER ON USERS MONTHLY BILLING STATEMENT. USER SHOULD REGULARLY REVIEW INFORMATION POSTED ONLINE IN THE ‘SUPPORT’ AREA OF RISE’S WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. USER’S NON-TERMINATION OR CONTINUED USE OF SERVICES AFTER CHANGES ARE POSTED CONSTITUTES USER’S ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
This Agreement takes effect once USER’S order for Services has been accepted by RISE and USER accepts Services from RISE. This Agreement shall continue until USER’s Services are terminated in accordance with this Agreement. This Agreement governs both the Services and any equipment provided by RISE and used in conjunction with the Service, such as Consumer Premises Equipment; an IP phone; Multimedia Terminal Adapter; Analog Telephone Adapter; or any other IP connection device (collectively, a “Device” or the “Equipment”).
Internet Access – Subject to the Service characteristics contained herein, RISE shall provide Internet connections between the RISE provided wireless Equipment and RISE’s Internet backbone. Internet connections are provided as “up-to” the speeds advertised within the Service plan purchased by USER reflecting performance under ideal conditions. RISE reserves the right to interrupt those speeds if necessary for Equipment upgrades and network maintenance, and will do its best to inform USER of any such interruptions ahead of time. RISE shall have the unrestricted right to engage subcontractors in rendering Services under this Agreement.
Electronic Mail – RISE shall also provide and maintain a number of e-mail accounts for USER as specified in the chosen Service plan.
Telephony Service – If USER subscribes to telephony Services, RISE shall provide telephony Service, and USER warrants to RISE that USER will use the telephony Service in accordance with the ActivePhone™ Terms and Conditions of Service as they may be updated from time to time
2. ACCEPTABLE USE
As a condition of use of the Service, USER warrants to RISE that USER will use the Service in accordance with the Broadband Internet Acceptable Use Policy of RISE as it may be updated from time to time
The transfer of technology across national boundaries, including electronic transmission thereof, is regulated by the U.S. Government. USER agrees not to export, import or re-export, (including, without limitation by way of electronic transmission) any technology transmitted through RISE Services without first obtaining any required export license or governmental approval. USER agrees it will not directly or indirectly export or re-export such technology to any of those countries listed from time-to-time in supplements to Part 770 to Title 15 of the Code of Federal Regulations in Country Groups Q, S, W, Y or Z. The parties acknowledge that the foregoing lists are subject to regulatory change from time to time.
RISE will cooperate fully with legal authorities in the investigation of suspected crimes or service abuses. USER agrees to indemnify and hold harmless RISE, its agents and representatives, from any and all claims, costs, losses, damages, liabilities and expenses, including reasonable attorneys’ fees for any reason whatsoever, including without limitation, any harm, injury, loss or damage incurred by RISE, or any other party, arising out of USER’s breach of either this lawful use provision or RISE’s Broadband Internet Acceptable Use Policy.
3. COPYRIGHT, TRADEMARK, UNAUTHORIZED USAGE OF DEVICE, FIRMWARE OR SOFTWARE
The Service, any Devices or Equipment, and any firmware or software used to provide the Service or provided to the USER in conjunction with providing the Service, or embedded in the Devices or Equipment, and all Services, information, documents and materials on RISE Websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of RISE’s websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain the exclusive property of RISE. Nothing in this Agreement grants USER the right or license to use any RISE marks.
USER has not been granted any license to use the firmware or software used to provide the Service or provided to the USER in conjunction with providing the Service, or embedded in any Devices or Equipment, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. USER expressly agrees that any Device or Equipment is exclusively for use in connection with the Service and that RISE will not provide any passwords, codes or other information or assistance that would enable USER to use such Device or Equipment for any other purpose. RISE reserves the right to prohibit the use of any interface equipment that RISE has not provided to the USER. USER hereby represents and warrants that USER possess all required rights, including software and/or firmware licenses, to use any interface equipment that RISE has not provided to USER. In addition, USER shall indemnify and hold RISE harmless against any and all liability arising out of USER’s use of such interface equipment with the Service. USER shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
USER shall not change the electronic serial number or equipment identifier of any Device or perform a factory reset of any Device without prior written consent from RISE. RISE reserves the right to terminate USER’s Service if RISE believes, in RISE’s sole and absolute discretion, that USER has tampered with any Device. In the event of such termination, USER will remain responsible for any termination fees as provided for in this Agreement. USER shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
USER can best control the risks associated with security, and are therefore solely responsible for maintaining and upholding the account security of their Service. RISE will not be responsible for any disruption of Service, corrupted files or viruses which affect the USER of the Service. It is USER’s responsibility to safeguard USER’s network and equipment through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of USER’s failure to properly secure USER’s network and devices may result in the immediate termination of USER’s Service. USER is entirely responsible for any actions, damages, or costs incurred via their account, regardless of who is using that account.
5. SERVICE CHARACTERISTICS
Service Availability – The Service is subject to availability as it is contingent on available RISE facilities and unique signal path conditions between such facilities and the USER premises. Due to the nature of the Service technology, RISE reserves the right to deem the Service unavailable to the USER up to, including, and after the installation. RISE assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in USER’s geographical area, for any reason, even where such unavailability occurs after installation of the Service.
Service Plans – RISE offers a range of Service plans with different speeds and data usage. Service plans are subject to availability and may include other promotional terms and conditions including a minimum service term commitment (“Service Term”). A Service Term shall begin on the date that the Service has been installed and activated by RISE. If USER signs up for a Service plan that includes special or promotional offers, such offers may only be in effect for the initial Service Term of the plan. If USER changes or upgrades their Service plan, any special or other promotions may be subject to discontinuance or removal.
Performance Levels – Speed is a function of the traffic experienced upon the wider network architecture of the Internet itself. RISE Services are provided as “up-to” speeds and RISE does not guarantee the maximum Service performance (throughput speeds) levels. RISE will make every reasonable effort to ensure that USERS receive the speeds under the Service plan they signed up for throughout most of a USER’s daily use and reflecting performance under ideal conditions. RISE is not responsible for speeds from points anywhere else on the internet and USER understands that content that USER may access through the Service may be subject to “caching” or several other factors that are beyond RISE’s control.
Throughput Volume – Depending on the Service plan signed up for, an account will have a standard quota for disk space and data usage. At RISE’s discretion, additional quota may be added to such an account for a recurring fee, based on RISE’s then-current rates. Data usage on an account above USER’s limit will result in additional fees.
Network Management – USER understands, acknowledges and agrees that RISE may use various tools and techniques in order to efficiently and reasonably manage its networks as provided in RISE’s Open Internet Statement which may be updated from time to time. Consistent with its Open Internet Statement, RISE may employ traffic-management technology to allocate bandwidth across all of its customers and has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on RISE’s servers.
IP Addresses – Internet Protocol (“IP”) addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by RISE and/or the American Registry for Internet Numbers (ARIN).
RISE Equipment – RISE will provide USER the authorized wireless Equipment for use with the RISE Service. Only RISE Consumer Premises Equipment (“CPEs”) are permitted and authorized to be connected to the Service. RISE will own the CPE installed at the USER location, and will monitor and upgrade said CPE as RISE determines to be necessary and appropriate.
USER Equipment – It is USER’s responsibility to ensure that USER’s computer system meets the current minimum system requirements stated by RISE as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, USER’s computer equipment may cease to be adequate to access the Service. In such event, USER’S sole remedy will be to upgrade computer equipment or terminate this Agreement. It is possible for hardware and software below RISE’s stated minimum requirements to work on RISE’s network. However, RISE does not guarantee service with hardware lower than the following requirements and the use of older software can expose USER and USER’s data to viruses and other security risks.
· Windows System Desktop or Laptop Microsoft Windows 7 or newer; Pentium Processor 1 GHz, or equivalent, 1 GB of memory (RAM), 16 GB of free hard drive space, 16bit colors at 1024×768 resolution, and Ethernet card (NIC) or WAN Card (WiFi).
· Macintosh System MAC OS 10.6 or newer; Intel Core 2 Duo processor or newer, 2 GB of memory (RAM), 8 GB of free hard drive space, Ethernet or WiFi Card (NIC).
7. CANCELLATION / TERMINATION / CHANGE IN SERVICE
If USER chooses to cancel the Service at any point after the order is placed, but before the Service has been activated, USER will not be invoiced and will not be charged a processing fee. If USER wishes to cancel the Service before Service has been activated, the USER is required to notify RISE of USER’s intent to cancel prior to activation by calling RISE customer service at 844-411-RISE (7473).
USER may terminate the Service at any time upon notice to RISE. Termination is effective on the date you contact RISE to cancel the Service or as of a future date designated by USER or RISE, provided RISE can support such future date. HOWEVER, PAID CHARGES ARE NOT SUBJECT TO REFUND SO IF USER CANCELS SERVICE BEFORE THE END OF A BILLING CYCLE, THERE WILL BE NO PRO-RATED REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH PERIODS REMAINING AFTER THE TERMINATION DATE. ADDITIONALLY, IF USER AGREED TO A SERVICE PLAN THAT REQUIRES A MINIMUM TERM COMMITMENT (“SERVICE TERM”), AND SERVICE IS TERMINATED PRIOR TO THE END OF THE SERVICE TERM, USER WILL BE SUBJECT TO AN EARLY TERMINATION FEE
If USER changes or upgrades the Service plan, any applicable prior Service Term will be terminated and USER will have a new Service Term as applicable to the new Service plan. A change or upgrade to a Service plan may be subject to an upgrade fee. Upon a change or upgrade to a Service plan, any special or other promotions applied to USER’s account may be subject to discontinuance or removal if such promotion is no longer available.
Termination of the Service does not affect USER’s obligations under this Agreement, including USER’s obligation to pay all fees for Services rendered prior to termination and any termination, processing and administration fees incurred as a result of such termination. RISE accounts must be paid in full before a cancellation will be considered complete.
If all Equipment provided by RISE is not returned within 30 days of cancellation or termination of Service, USER agrees to pay RISE the fee. USER authorizes RISE and its agents to charge the Equipment replacement charge to the credit card on file with RISE. If RISE is unable to obtain a charge authorization for the full amount due, USER agrees to provide alternative payment in the form of a money order, cashier’s check, or other certified bank check within 10 days of notification of the amount due. USER bears all risk of loss of, theft of, casualty to or damage to the Equipment; from the time it is received by the USER until the time (if any) when it is returned to RISE in accordance with this agreement.
Upon the termination of USER’s Service, RISE may, in its sole and absolute discretion, release to the USER’s new service provider the telephone number that USER ported (transferred or moved over) to RISE from USER’s previous service provider and used in connection with USER’s service if: such new service provider is able to accept such number; USER’s account has been properly terminated; USER’s account is completely current, including payment for all charges and applicable termination fees; and USER requests the transfer upon termination of the account.
8. TERMINATION AND SUSPENSION BY RISE
Inappropriate use or abuse of the Services by USER, as determined in the sole discretion of RISE, may result in account suspension, termination, and/or legal action. Inappropriate use or abuse of RISE Services by others can be traced, documented, and reported to appropriate authorities and may be prosecuted to the fullest extent of the law.
RISE may terminate your account immediately if it determines, in its sole discretion, that USER has violated any of the provisions of this Agreement, including but not limited to RISE’s Broadband Internet Acceptable Use Policy. RISE reserves the right to unilaterally terminate or suspend an account at any time, without providing a reason.
Further, RISE may terminate USER’s Service for any reason by providing written notice to USER at least thirty (30) days prior to the termination date.
If USER’s Service is terminated by RISE for any reason, USER will remain fully liable and responsible to pay any fees that are still owed to RISE pursuant to this Agreement and for all costs RISE incurs to collect such amounts, including, without limitation, collection costs and attorney’s fees.
9. FEES, PAYMENT AND BILLING
Fees – Fees include, without limitation, set up or installation fees, monthly Service fees, monthly Equipment fees and other fees as set forth below. RISE will invoice fees for Services and any Equipment in advance. USER agrees to pay all federal, state or local taxes arising under this Agreement. If, during the first thirty (30) days of service, the USER is having service or quality issues with the Telephony Service and/or Internet Service which RISE is not able to fix, the USER may cancel the Service and RISE will refund all monies paid (including installation cost).
Additional Fees – All RISE Services are subject to additional fees, including, but not limited to overage charges, unreturned Equipment fees, early termination fees, upgrade fees, Directory Assistance (411) calls, insufficient funds fees, late fees, and reconnect fees as set forth in the Additional Fees and Payment Terms Disclosure Statement as it may be updated from time to time (the “Additional Fee Statement”).
Credit Inquiries and Security Deposit – USER AUTHORIZES RISE TO MAKE INQUIRIES AND TO RECEIVE INFORMATION ABOUT USER’S CREDIT HISTORY AND TO ENTER THIS INFORMATION IN USER’S FILE. Any risk assessments conducted by RISE or its third-party credit bureau will be done in conformance with the requirements of all applicable state or federal laws. Based on this inquiry, RISE may ask for a security deposit before providing USER the Service. If USER pays a deposit in connection with the Service and the state in which the Service is provided does not require interest to be paid on that deposit, RISE will not pay you any such interest. If during our Service relationship RISE questions USER’s willingness to pay your bills in a timely way, RISE might require additional measures to ensure payment (like requiring prior payments or additional security). If USER refuses to follow these required measures, RISE may terminate USER’s Service and assess any applicable termination charge.
Payment Method and Timing – Accounts may be paid by electronic bank draft, money order, check or credit card. USER’s RISE account will be considered delinquent if payment is rejected for any reason or if any unpaid balance remains on the account. Payment terms including due date and late payment policy. Payment is in advance of Service delivery for that month.
Late Fees and Service Interruption/Disconnect – RISE shall charge USER Late and other applicable fees to recover the costs of dealing with late payment situations. These fees are in addition to all other fees. Additionally, RISE may interrupt or disconnect USER’s Services for non-payment and USER shall be subject to a Reconnect Fee to resume Service. The late terms and associated charges are determined by the date payment is received by RISE. Late terms and associated fees for each stage of the delinquency process also sets forth the appropriate intervals when USER’s account will be interrupted or disconnected and when any outstanding balance will be sent to collections. At such time that RISE determines that Equipment is to be retrieved from USER, RISE will call USER to inform them that Equipment will be removed and retrieved. In all cases, if USER wants to resume or reconnect Services, USER’s account must be brought current and USER shall be subject to a reconnect fee.
Billing Disputes and Errors – Subject to applicable law, USER may dispute any invoiced charge by contacting RISE within one hundred twenty (120) days of the date of the disputed invoice. All invoiced charges shall be deemed correct and indisputable one hundred twenty (120) days after the date of the invoice on which they appear and USER shall waive the right to dispute any charge after such period. RISE’s obligation with respect to any billing errors resulting in USER’s overpayment for Service is limited to granting invoice credits equal to the dollar amounts erroneously billed, subject to the above limitation.
Fee Changes – USER acknowledges and agrees that RISE has the right to change its Service fees, additional fees, or add new fees at any time, upon notice to the USER. Notwithstanding the foregoing, if USER agrees to a Service plan with a Service Term of one (1) year or more, then USER’s base monthly Service fees shall not be subject to change during the Service Term, but Equipment fees and additional fees are still subject to change.
USER Charges – USER acknowledges that USER may incur USER-initiated charges while using the Services. For example, charges may be incurred as a result of USER accessing certain information, or purchasing or subscribing to certain offerings, via the Internet. USER agrees that all such charges, including all applicable fees and taxes, shall be paid by USER and are not the responsibility of RISE.
10. INSTALLATION AND ACCESS TO USER’S PREMISES
RISE will provide installation Services at the USER premises at an agreed-upon price. As part of the installation process, modifications to the inside wiring in USER’s house may be required, and USER hereby consents to and authorizes any such modifications. USER authorizes RISE, and its employees, agents, contractors, and authorized representatives to enter USER’s premises in order to install, maintain, inspect, repair and remove the Equipment and/or Services. If USER is not the owner of the premises, upon request, USER will supply RISE with the owner’s name and address and written consent or other evidence that USER is authorized to grant access to the premises on the owner’s behalf or RISE may request permission from the owner to install the Services on the premises. This Agreement is contingent upon RISE’s obtaining a right of entry onto the premises and RISE shall not have any liability if access or right of entry to the premises is denied or limited for any reason. USER will not remove Equipment from the premises, modify the Equipment in any way, or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected to by the RISE installer. For such charges as RISE may determine, RISE may relocate the Equipment for USER within the premises at USER’s request.
11. MOVING AND RECONNECTION
If USER moves during the term of this agreement and would like to relocate the Service, USER must place a relocation request with RISE. This request must contain the requested date of Service termination, plus the address and phone number of the new location, and, the prospective move-in date, and the requested transfer of Service date. Upon receipt of a request from USER, RISE will suspend all monthly fees from the requested termination date until Service relocation is completed. The maximum suspension Upon transfer of USER’s account, USER agrees to continue to comply with all terms and conditions of this Agreement and the Service plan originally agreed to. Billing cycle and Service Term will recommence upon activation of RISE Service at the new location.
If RISE is unable to provide Service to the USER’s new location, this Agreement shall terminate and USER shall not be subject to any Early Termination Fees, provided that (i) a RISE technician confirms and verifies that RISE is not able to provide service to the new address or (ii) USER provides proof and RISE confirms that the new location is outside of RISE’s service area (i.e. copy of utility bill at new address).
If RISE has not received sufficient information from USER to process the relocation order thirty (30) days after Service termination date, this Agreement shall be considered terminated by USER, and any applicable Early Termination Fees will apply.
13. USER OBLIGATIONS
USER shall be solely responsible for independent backup of any data files residing on RISE computers or networks. RISE reserves the right to remove/delete any personal files after an account is terminated or associated with prohibited activities.
USER shall notify RISE immediately, in writing or by calling RISE customer support line, if any Device is stolen or if USER becomes aware at any time that USER’s Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When USER calls or writes, USER must provide an account number and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of USER’s Service and additional charges. Until such time as RISE receives notice of the theft, fraudulent use or unauthorized use, USER will be liable for all use of the Service using a Device stolen from USER and any and all stolen, fraudulent or unauthorized use of the Service.
USER will be liable for any and all liability that may arise out of the content transmitted by USER or to any person, whether authorized or unauthorized, using USER’s Service or Device. USER shall assure that all use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. RISE reserves the right to terminate or suspend USER’s Services and remove any content from the Service, if RISE determines, in its sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with RISE’s ability to provide Services to USER or others. RISE action or inaction under this Section will not constitute any review or approval of USER’s use or content.
USER has been advised and acknowledges that the Internet may contain information, materials, and language that may be deemed adult in nature and inappropriate or offensive. The USER is responsible for all information received, transmitted, and/or stored by the USER and the USER releases RISE from and agrees to indemnify RISE its officers, directors, agents and employees against any and all claims, losses or expenses relating to such information, materials and language. This indemnification shall survive any termination of this Agreement.
14. USER COMPLAINT RESOLUTION
RISE is working to provide the best service possible and welcomes USER’s ideas on how RISE can improve the quality of our service. USER can communicate USER’s views to RISE by calling 844-411-RISE (7473).
USER EXPRESSLY AGREES THAT USE OF THE SERVICES AND ANY EQUIPMENT IS AT USER’S SOLE RISK. THE SERVICES AND ANY EQUIPMENT PROVIDED TO THE USER BY RISE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. RISE DOES NOT WARRANT (i) THE UNINTERRUPTED, TIMELY OR SECURE USE OF THE SERVICE; (ii) THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY EQUIPMENT WILL MEET USER’s REQUIREMENTS; (iii) THAT THE SERVICES WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPOMNENTS; OR (iv) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA OR FILES USER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO USER’S COMPUTER OR DEVICE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY RISE OR RISE AGENTS OR INSTALLERS, WHETHER ORAL OR WRITTEN, ARE INFORMATIONAL ONLY AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
LIMITED WARRANTY – RISE WARRANTS THAT IT WILL USE REASONABLE EFFORTS TO RENDER SERVICES PURSUANT TO THIS AGREEMENT IN A TIMELY, PROFESSIONAL AND WORKMANLIKE MANNER IN ACCORDANCE WITH TIMELINES ESTABLISHED HEREIN. ANY CLAIM FOR BREACH OF THE FOREGOING WARRANTY MUST BE BROUGHT WITHIN SIXTY (60) DAYS AFTER USER’s ACTUAL DISCOVERY OF ANY DEFECT AND PRIOR TO THE EXPIRATION OF SIX (6) MONTHS FROM THE DATE THE APPLICABLE SERVICES WERE RENDERED. RISE WILL HAVE NO LIABILITY FOR ANY CLAIM MADE AFTER SUCH TIME. RISE DOES NOT WARRANT, HOWEVER, THAT YOUR USE OF ANY SERVICES WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR SECURE. RISE’s ENTIRE LIABILITY AND USER’s EXCLUSIVE REMEDY IN CASE OF BREACH OF THIS WARRANTY SHALL BE, AT RISE’s SOLE OPTION, EITHER RETURN OF ALL OR A PORTION OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE, OR REPLACEMENT OR REPAIR OF CONNECTION SERVICES OR PRODUCTS. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY RISE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO THE USER. IF ANY UNAUTHORIZED MODIFICATIONS ARE MADE TO THE EQUIPMENT OR SERVICES BY USER DURING THE WARRANTY PERIOD, IF THE SERVICES OR PRODUCTS ARE SUBJECT TO ABUSE, ACCIDENT, IMPROPER USE, OR IF USER BREACHES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY BE TERMINATED.
OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH THEREIN, RISE MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED IN REGARDS TO THE DEVICE OR EQUIPMENT, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET USER’s REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.
16. LIMITATION OF LIABILITY / DISCLAIMER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RISE OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, CONTRACTORS OR AGENTS OR ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO USER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF RISE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.
ADDITIONALLY, RISE WILL HAVE NO LIABILITY (i) FOR ANY AMOUNT IN EXCESS OF THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD; (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) FOR ANY DAMAGES OR LOSS DUE TO USER’S FAILURE TO BACK UP ANY EQUIPMENT OR ANY LACK OF OR BREACH OF SECURITY USER, OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vi) FOR CUSTOMER”S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS AGREEMENT; OR (vii) FOR ANY MATTER BEYOND RISE’S REASONABLE CONTROL.
RISE WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, INCLUDING 911 DIALING, AT ANY TIME OR FROM TIME TO TIME, OR ANY INTERRUPTION OR DEGRADATION OF VOICE QUALITY THAT IS CAUSED BY ANY OF THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR OTHER THIRD PARTY; EQUIPMENT, NETWORK OR FACILITY FAILURE; EQUIPMENT, NETWORK OR FACILITY UPGRADE OR MODIFICATION; FORCE MAJEURE EVENTS SUCH AS (BUT NOT LIMITED TO) ACTS OF GOD, ACTS OF NATURE, STRIKES, FIRE, WAR, RIOT, ACTS OF TERRORISM AND GOVERNMENT ACTIONS; EQUIPMENT, NETWORK OR FACILITY SHORTAGE; EQUIPMENT OR FACILITY RELOCATION; SERVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER TO THE USER; OUTAGE OF, OR BLOCKING OF PORTS BY, USER’s ISP OR BROADBAND SERVICE PROVIDER OR OTHER IMPEDIMENT TO USAGE OF THE SERVICE CAUSED BY ANY THIRD PARTY; ANY ACT OR OMISSION BY USER OR ANY PERSON USING THE SERVICE OR DEVICE PROVIDED TO THE USER; OR ANY OTHER CAUSE THAT IS BEYOND RISE’s CONTROL, INCLUDING, WITHOUT LIMITATION, A FAILURE OF OR DEFECT IN ANY DEVICE, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS (INCLUDING, WITHOUT LIMITATION, 911 DIALING) TO BE CONNECTED OR COMPLETED, OR FORWARDED. RISES AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.
IN NO EVENT SHALL RISE’s AGGREGATE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS PAID BY USER FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO A CLAIM. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS MAY NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY, AND RISE LIMITS ITS LIABILITY IN SUCH JURISDICTIONS ONLY TO THE DEGREE ALLOWED BY APPLICABLE LAWS. EXCEPT FOR THE PAYMENT OF FEES DUE BY USER HEREUNDER, NEITHER PARTY WILL BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE UNDER THE AGREEMENT WHICH MIGHT BE DUE, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ANY CONTINGENCY, DELAY, FAILURE, OR CAUSE OF ANY NATURE BEYOND THE REASONABLE CONTROL OF SUCH PARTY, INCLUDING WITHOUT LIMITATION ACTS OF NATURE, COURT OR GOVERNMENT.
USER agrees to defend, indemnify and hold RISE its officers, directors, agents and employees harmless from any claims, losses and damages, including attorney’s fees, resulting from USER’s violation of any of the provisions of this Agreement or USER’s placement or transmission of any materials or content onto RISE servers or through its network, or from any and all use of USER’s account, with or without USER’s knowledge or consent, or from all claims, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) related to any action taken by RISE as part of RISE investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred, or to USER’s use of or inability to use RISE Services, Equipment, bundled software, Internet or VoIP, including, without limitation, 911 dialing.
Relationship – USER’s relationship with RISE is that of an independent contractor. USER is not an agent of RISE, and USER has no authority to obligate RISE by contract or otherwise.
Third Party Beneficiaries – No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
Survival – The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive
Transferability and Assignment – USER shall not sell, transfer or assign this Agreement. USER’s account and right to use RISE Services and system are not transferable without RISE’s prior written consent. USER agrees to protect its password and account and to keep them secure from unauthorized USERs and use, and to be solely responsible for the protection and security of USER’s password and account information.
Notices – Notifications of either party to this Agreement shall be effective upon receipt, or refusal of delivery, when deposited in the United States Mail, first class mail, certified or return receipt requested, postage prepaid, or when sent by a telefax, email, or a nationally recognized overnight delivery service, to RISE at 61 Inverness Drive East, Suite 250, Englewood, CO 80112 or to the address of Customer set forth on RISE’s records or such other address provided for such purposes.
Proprietary Rights – RISE grants USER a non-exclusive, non-transferable license to use the products and Services provided hereunder. Title and property rights, including all intellectual property rights to such products and Services, is and shall remain with RISE, whether or not they are embedded in any product. USER recognizes that the products and Services used hereunder constitute valuable trade secrets of RISE and USER shall use their best efforts to protect and keep confidential any and all products and Services used by USER and shall not attempt to copy, examine, in any way alter, or reengineer, reverse engineer, tamper with, or otherwise misuse such products and Services.
Jurisdiction/Venue/Choice of Law – USER agrees that exclusive jurisdiction for any claim or dispute with RISE or relating in any way to USER’s account or USER’s use of the Services resides in the courts of Colorado and that this Agreement shall be governed by Colorado law. USER expressly consents to the exercise of personal jurisdiction in the courts of Colorado in connection with any such dispute. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement or compel performance thereof, the substantially prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
Amendments – RISE may modify this Service Agreement from time to time, and USER’s continued use of the Service following notice of such modification shall be deemed to be USER’s acceptance of such modification. If USER does not agree to any modification of this Agreement, USER must immediately stop using the Service and notify RISE of USER’s desire to cancel the Service.
Information – USER hereby acknowledges that RISE and its affiliates may retain and use any information, comments or ideas conveyed by USER relating to the Service (including any products and services made available on the Service). This information may be used to provide USER with better service. RISE may open and maintain a Customer file.
Entire Agreement – This Agreement, including the Service Quote and any and all other documents and RISE policies referenced herein, constitutes the entire agreement between RISE and USER pertaining to the subject matter hereof. RISE’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Severability – In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealed judgment that any provision of this Agreement (or part thereof) is void, invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect.
USER represents and warrants to RISE that USER is of lawful age to enter into this Agreement and that (i) USER has the full right, power and authority to enter into this Agreement and to perform the acts required of USER hereunder; and (ii) the acceptance of this Agreement by USER, and the performance by USER of its obligations and duties hereunder, do not and will not violate any agreement to which USER is a party or by which it is otherwise bound.
By using and accepting Service from RISE, USER acknowledges that they have read and understand the terms and conditions of this Agreement and agrees to be legally bound by all of the terms and conditions of this Agreement and any associated documents, the same as if USER had physically signed this Agreement. This Agreement supersede all other written and oral communications or agreements with regard to the subject matter. Any waiver, modification or variation of any term or condition of this Agreement shall only be effective if in writing and/or in the form of a business contract signed by an authorized officer of RISE
By providing RISE with USER’s telephone number, cell phone number(s), or email address, USER gives consent for RISE, or any of RISE’s agents (including collection agents), to contact USER at these numbers or email address, or any other phone number or email address that is later acquired for USER, and, to leave live or pre-recorded messages, text messages, or emails to the extent that such are necessary to enforce any part of this Agreement. For greater efficiency, calls may be delivered by an auto-dialer.
BY USER’s USE AND ACCEPTANCE OF THE SERVICE, USER IS INDICATING THAT USER HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Updates to RISE’s Terms and Conditions
RISE’s Broadband Internet Acceptable Use Policy
RISE’s ActivePhone™ Terms and Conditions of Service
RISE’s Additional Fees and Payment Terms Disclosure Statement (the “Additional Fee Statement”)
RISE’s Open Internet Statement
Open Internet Statement and Policy
Open Internet Policy Statement
(as of June 2018)
Comlink Bundle (“COMLINK BUNDLE,” “we,” “our,” or “us”) provides Internet access services to residential and commercial subscribers in 16 states (“Services”). We are committed to providing our Services as an open platform for innovation, investment, job creation, economic growth, competition, and free expression. COMLINK BUNDLE also supports the following Net Neutrality principles:
· NO Blocking of lawful Internet content, subject to reasonable network management as described below
· NO Throttling of lawful Internet content, subject to reasonable network management as described below
· NO Unreasonable Discrimination
· NO Paid Prioritization of Internet content
· Freedom of subscribers to access lawful Internet content
· Freedom of subscribers to use non-harmful applications of their choice
· Freedom of subscribers to attach non-harmful personal devices
This Open Internet Policy Statement sets forth certain information regarding the policies and practices of COMLINK BUNDLE and how we manage our networks for residential and business broadband internet access service (the “COMLINK BUNDLE Networks”). This Open Internet Policy Statement is a supplement to and is incorporated by reference in the various legal terms and conditions of our Services, page, including but not limited to COMLINK BUNDLE’s (collectively “Service Agreements”). In the event of any inconsistency between this Open Internet Policy Statement and the Service Agreements, this Open Internet Policy Statement shall control.
COMLINK BUNDLE’s broadband access service is a fixed wireless service. Generally, given the nature of fixed wireless services, certain circumstances may affect the speed and quality of the service, including but not limited to foliage, line-of-sight obstructions, the distance between a subscriber’s premises and the transmission point, as well as the subscriber’s connection of multiple devices to a COMLINK BUNDLE Network. Although we have engineered the COMLINK BUNDLE Networks to provide consistent high-speed data services, some network management for these scenarios is required in order to provide the best online experience possible for all of our subscribers. Very heavy data usage by even a few subscribers at times and places of competing COMLINK BUNDLE Network demands can affect the performance for all subscriber
I. NETWORK MANAGEMENT PRACTICES
Network management is only activated when congestion is detected on a COMLINK BUNDLE Network. In regular intervals, COMLINK BUNDLE Network equipment is polled to identify what devices may be experiencing congestion. When a specific device is determined to be congested, the subscribers serviced from that/those network device(s) are analyzed and then managed based on plan and usage thresholds until the congestion has been alleviated, as described more fully below. Subscribers will still be able to do what they want online; in many cases activities may be unaffected. In other cases, subscribers may see reduced speed in downloads or uploads. No specific type of usage activity or subscriber aggregate monthly usage is targeted by these practices. It is important to note that COMLINK BUNDLE Network management is temporary and based on constantly changing network conditions.
The network management practices described in this section are part of the “standard” COMLINK BUNDLE Network architecture. As COMLINK BUNDLE acquires other broadband Internet networks, we implement these practices as quickly as possible.
A. Blocking: Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a subscriber from accessing lawful content, applications, services, or your use of non-harmful devices.
B. Throttling: Other than reasonable network management practices disclosed below, we do not throttle or otherwise shape, slow, degrade or impair a subscriber from accessing lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device. All lawful Internet use is handled identically.
C. Affiliated Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or is under common control with COMLINK BUNDLE.
D. Paid Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.
E. Congestion Management: Our Services are provided on a “best efforts” basis and our congestion management practices are in place to ensure that all subscribers experience as high quality a service. If our Network experiences congestion, it is typically between 7:00 pm and 11:00 pm local time. Subscribers select how much high-speed data they receive under a designated service plan. If a subscriber exceeds his/her/its selected high-speed allotment during a service cycle, we may reduce the subscriber’s data speed for the remainder of that service cycle. We do not impose any additional usage limits for the Services unless part of our network management practices.
· i. COMLINK BUNDLE deploys three types of “fair queuing” as a network management tool when congestion is present in COMLINK BUNDLE Networks, including (a) “fair split” where all users on a device get a fair share of bandwidth; (b) “fair factor” which allows for users on different service plans to get a proportion of bandwidth based on their plan (i.e. a 5Mbps user will get less bandwidth than a 50Mbps user); or (c) “borrowing” where COMLINK BUNDLE prioritizes types of traffic to deliver a higher quality of experience (i.e. VoIP has priority over streaming and streaming has priority over bulk file transfers/downloads). No traffic type is completely denied access.
· ii. COMLINK BUNDLE may also use specific traffic shaping software in order to manage our Network during periods of congestion.
· iii. COMLINK BUNDLE may also conduct deep packet inspection (“DPI”), which is a type of filtering that will examine the data and/or header part of Internet traffic for viruses, spam, intrusions, or protocol non-compliance that may harm a COMLINK BUNDLE Network; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our Service Agreements. We do not use DPI to conduct data mining for targeted marketing or advertising, or anti-competitive purposes.
· iv. If COMLINK BUNDLE determines, in our sole and reasonable discretion, that the manner in which a subscriber is using the service negatively impacts other subscribers or any COMLINK BUNDLE Network, we reserve the right to apply additional congestion management techniques.
F. Application-Specific Behavior: Subject to the qualification that COMLINK BUNDLE may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, COMLINK BUNDLE generally treats all lawful applications identically. However, we reserve the right to block or limit access to any applications, ports, or protocols that we determine, in our sole and reasonable discretion, may expose any COMLINK BUNDLE Network to potential legal liability, harm any COMLINK BUNDLE Network or otherwise interfere with or impair the experience of other subscribers on COMLINK BUNDLE Networks. COMLINK BUNDLE Networks also may not support certain high-bandwidth video and voice applications, or peer-to-peer applications that carry unlawful or harmful content/software.
G. Device Attachment Rules: Generally, you do not need approval to connect a third-party device to a COMLINK BUNDLE Network. COMLINK BUNDLE does not limit the types of devices that can be connected to any COMLINK BUNDLE Networks, provided they are used for lawful purposes and do not harm a COMLINK BUNDLE Network, violate our Service Agreements, or harm other users of COMLINK BUNDLE Networks. However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to any COMLINK BUNDLE Network negatively impacts other users or the COMLINK BUNDLE Network, or may expose us to potential legal liability, we reserve the right to limit or restrict subscribers’ ability to connect such type of device to COMLINK BUNDLE Networks. If you need technical support services to assist you in the installation and configuration of third party devices, please contact us. Depending on your level of service and your specific Service Agreement, there may be an additional monthly fee for our IT support services.
H. Security: COMLINK BUNDLE has taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of COMLINK BUNDLE Networks and our subscribers from malicious and unwanted Internet traffic. We monitor the COMLINK BUNDLE Network for security threats and may prohibit certain activity on COMLINK BUNDLE Networks that we may deem, in our sole and reasonable discretion, poses a potential risk to any COMLINK BUNDLE Network and/or to other subscribers. Triggering conditions include but are not limited to denial of service activity, IP address or port scanning, excessive account login failures; or certain Internet addresses that are disruptive, malicious and typically persistent. If we notice excessive subscriber connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of any COMLINK BUNDLE Network or use by other subscribers, we will attempt to notify the subscriber to work collaboratively to remedy the issue to the extent possible; however, we reserve the right as a reasonable security practice, without advance notice, to block any subscriber traffic, ports, protocols, devices, or applications (such as peer-to-peer applications that may carry malicious software or are known to be problematic) that we determine, in our sole and reasonable discretion, may cause harm to any COMLINK BUNDLE Network or to other subscribers, or may expose us to potential legal liability.
II. PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS
Specific service fees and rates for an individual subscriber are set forth in the subscriber’s email confirmation of sale. Various information regarding our Services, including additions, changes or modifications are also publicized on the COMLINK BUNDLE Web site at our website.
A. Service Description and Terms: Links to a current description of the categories of Internet access service offered to residential and business subscribers are available below, including service terms, expected and actual access speed and latency, and the suitability of the service for real-time applications. The service terms of our Services are subject to change at any time:
i. Residential Services –
ii. Business Services –
B. Service Pricing and Fees: Links to the current rate card pricing and additional fees for Internet access service offered to residential and business subscribers are available below. COMLINK BUNDLE offers a range of service plans and special promotions that may affect this pricing and the pricing for our Services are subject to change at any time:
C. Usage Metering: COMLINK BUNDLE subscriptions include a specific amount of monthly Internet data usage (up and down transfer) as specified in each subscriber’s service plan. If usage exceeds the threshold, additional charges will apply. Charges will be based on usage (up and down transfer) in 10 GB increments. 10 GB increments will be billed after the first bit of usage over the subscription threshold. Additional 10 GB increments will be billed as usage dictates.
Subscribers will be notified when they have hit certain usage thresholds. Email notification will be sent to the subscriber at the following events:
· i. 75% of subscription usage has been consumed
· ii. 95% of subscription usage has been consumed
· iii. Every time a new 10 GB increment has been purchased
In addition to email notification, subscribers can also track their usage online at their My Account page.
D. Network Speeds: COMLINK BUNDLE offers a range of download speeds to residential subscribers varying from 5 Mbps to 50 Mbps. The network is designed to support these speeds to help ensure that every subscriber receives the speeds to which they have subscribed. COMLINK BUNDLE however cannot guarantee speeds at all times, as there are many factors and conditions beyond COMLINK BUNDLE’s control that can affect Internet performance. Some of these external factors and conditions are:
o i. Performance of subscriber computer and/or router
o ii. Type of connection to COMLINK BUNDLE Customer Premise Equipment (i.e., Wi-Fi)
o iii. Congestion of web sites and services on Internet
o iv. Web site or service limiting speeds on the Internet
o v. Internet and equipment performance outside of the COMLINK BUNDLE Network
COMLINK BUNDLE Internet packages are advertised as “up to” certain speeds reflecting performance under ideal conditions. Without purchasing an expensive “dedicated” Internet connection, no Internet Service Provider can guarantee package speeds at all times.
COMLINK BUNDLE provides a Speed Test for our subscribers to use. While the test results on this site provide information regarding service speeds, they are not definitive as they are highly dependent on equipment and configuration found in the home network. Additional information regarding subscriber experience across COMLINK BUNDLE Internet Plans can be found at our FAQ page. This page displays mean subscriber speeds and latency information by Internet plan. Subscriber speed tests are collected from the COMLINK BUNDLE Speed Test servers identified above. These results are calculated by averaging all subscriber speed tests and latency, by plan, at peak periods of usage. Peak periods of usage are defined as 7:00 pm to 11:00 pm on weeknights.
E. Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”): COMLINK BUNDLE does not offer Specialized Services to subscribers that will affect the last-mile capacity available for, and the performance of, our broadband Internet access Service offering.
F. Acceptable Use: As set forth in the Service Agreement, all of COMLINK BUNDLE’s service offerings are subject to the Acceptable Use Policies (“AUP”) section of the Service Agreement, which we may from time to time establish or revise.
H. Redress Options: COMLINK BUNDLE endeavors to respond to all subscriber concerns and complaints in a timely and fair manner.
I. Disputes and Arbitration: The Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to subscribers in the event of a dispute.
III. FCC REQUIREMENTS AND COMPLAINT PROCESS
The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules”). Information regarding these Rules is available on the FCC’s website.
If a subscriber believes that we are not in compliance with the FCC’s rules, the subscriber may file an informal complaint with the FCC. The FCC urges subscribers to submit any complaints via its website at the following address:
IV. ADDITIONAL DISCLAIMERS
Active Phone Terms and Conditions of Service
ALL PHONE SERVICES
The terms and conditions of this Service Agreement (“Terms” or “Agreement”) constitute the agreement (“Agreement”) between COMLINK BUNDLE (“Company”, “We”, “Us”) and the User (“You,” “User” or “Customer”) of the Company’s residential and small business communications Services, and any related products or services (“Service”). This Agreement governs both the Service and the Analog Telephone Adapter or any other IP connection Device (“Device” or “Equipment”), used in conjunction with the Service.
BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT INCLUDES MANY IMPORTANT TERMS, INCLUDING: WARNINGS THAT YOU MAY BE UNABLE TO USE THE VOIP SERVICE FOR 911 OR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUMSTANCES; LIMITS AND DISCLAIMERS ON COMPANY’S LIABILITY; AND THE REQUIREMENT THAT YOU COMMIT TO A MINIMUM TERM OF SERVICE.
Service is offered on a monthly basis for a term that corresponds with the date Your COMLINK BUNDLE Internet service was activated and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew unless You give COMLINK BUNDLE written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if You attempt to terminate Service prior to the end of a monthly term, You will be responsible for the full month’s charges to the end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. Expiration of the term or termination of Service will not excuse You from paying all accrued and unpaid charges due under this Agreement.
If You subscribe to the Company’s Residential Services, which is defined as Service intended solely for the subscriber’s residence, or home, and not for commercial purposes (“Residential Services”), the Service and the Device are provided to You solely for such residential use. You shall not resell or transfer the Service or the Device to another party. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify Your Service if We determine, in our sole and absolute discretion, that Your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, You will be required to pay our higher rates for commercial Service for all periods in which Your use of the Service or the Device was inconsistent with normal residential use.
If You subscribe to the Company’s Business Services, which is defined as Service intended solely for the subscriber’s use to support commercial, for-profit or not-for-profit, non-residential enterprises (“Business Services”), the Service and Device are provided to You as a small business User. Because We have no control over Your power or Internet connectivity You may experience occasional outages. For this reason We recommend that You maintain another backup provider so that You have backup contact ability. It is recommended that You use a “failover” number that can be configured in the website so that You can receive calls in the event of an outage. You shall not resell or transfer the Service or the Device to another party. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately terminate or modify Your Service if We determine, in our sole and absolute discretion, that You have at any time used the Service or the Device for any of the aforementioned or similar activities.
If Your usage pattern for calls to the forty-eight (48) contiguous state local calling areas is in the ninety-fifth (95th) percentile for two months out of any three month period Your account will automatically convert from an unlimited domestic long distance account to a metered use account. A metered use account will have a domestic long distance use allowance of 1500 minutes per user or per line, and additional domestic use for calls to the 48 contiguous state local calling areas will be billed at the then in effect domestic long distance rate, currently $.03 per minute.
LIMITATIONS OF SERVICE
Customer acknowledges, and agrees, to the following limitations of service:
a. Not a telecommunications service . The Service is not a
telecommunications service and the Company provides it on a best efforts basis.
Important distinctions exist between telecommunications service and the Service
offering that We provide. The Service is subject to different regulatory
treatment than telecommunications service. This treatment may limit or
otherwise affect Your rights of redress before regulatory agencies.
b. Operator assisted calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) Services in one or more (or all) Service areas.
c. Phone numbers. The phone numbers You obtain from Us for Residential Service will not be listed in any telephone directories. Phone numbers transferred from Your local phone company may, however, be listed. As a result, someone with Your phone number may not be able to utilize a reverse directory to lookup Your address. Subscribers to our Business Services are eligible for a free white page listing and may request the listing when signing up for service.
d. Compatibility with other devices and systems. The Service may not be compatible with fax machines and DVR-type services. All non-voice communications equipment, including but not limited to, home security systems or alarm systems that are set up to make automatic phone calls, modems, data modems, any device that relies upon a modem, or other hearing impaired devices, and medical monitoring devices (“Non-Voice Systems”), are not compatible with the Service and may be interrupted or permanently disabled by installation or operation of the Service. You should maintain a telephone connection through Your local exchange carrier in order to use any alarm monitoring functions for any security system installed in Your home or business. You are solely responsible for the operation and use of such Non-Voice Systems with the Service, including taking any necessary steps, as permitted under Your agreements with the Company, to ensure compatibility between such Non-Voice Systems and the Service.
e. Other providers. You authorize the Company to act on Your behalf, as Your agent, in moving Your telephone number and related local and long distance services from Your current provider to the Company or any of its wholesale service providers. You acknowledge that the Company may change wholesale providers from time to time and may move Your phone number from one wholesale carrier to another at any time. You acknowledge that the Company will become the customer of record for all phone numbers that We move or “port” to the Service.
f. Security. The Service relies upon portions of the public Internet, and third party networks, to transmit voice and other communications signals. The Company cannot, and does not, guarantee that the Service is secure, or can be used in a secure manner.
g. High-Risk Uses. The Service is not fail-safe or designed or intended for use in situations where error-free or uninterrupted service is essential, including uses involving vital communications in which an error or interruption in the Service could lead to injury to business, persons, property or the environment (“High-Risk Uses”).
REVISIONS, AMENDMENTS, OR MODIFICATIONS TO THESE TERMS
The current version of this Service Agreement can be found at: our page. The Company may change this Service Agreement or the Service from time to time by posting a revised version of this Service Agreement or announcing Service changes on the Company’s website currently located at: http://RISEBROADBAND.net. Such changes may include, without limitation, increasing the charges for the Service, including any additional features that may be offered in conjunction with the service. Changes will become effective once posted, and Your continued use of the Service will constitute Your acceptance of any such changes. However, if You do not wish to continue Service after a change or modification in features or functionality that materially effects the Service to You, You may terminate this Service Agreement by providing written notice to the Company within twenty (20) days of the effective date of the modification, and You will not be charged any Termination Fee (as defined below).
TERMINATION OF SERVICE – RESIDENTIAL AND BUSINESS
To cancel or terminate the Company’s Residential or Business Service, You must contact our offices at 844-411-RISE (7473) and provide written notice at least ten (10) days before the end of the monthly term in which the notice is given. If You DO NOT notify Us that You are porting (moving) Your phone number to a new phone company, We will turn off Your COMLINK BUNDLE Phone service and terminate billing at the end of the current billing term. If You DO notify Us that You are porting (moving) Your phone number to a new phone company, We will be required to leave Your COMLINK BUNDLE Phone Service active until You or Your new phone company notify Us that the port-away has completed. The phone service must remain active until the port-away has occurred or your phone number may be lost. Once We’re notified that the port-away has completed (either by Your new phone company or by You returning the Linksys Phone Adapter to Us), We’ll turn off Your COMLINK BUNDLE Phone Service and terminate billing at the end of the current billing term. You are leasing the Linksys Phone Adapter, which has a value of $70. It must be mailed or delivered to our Corporate offices. It should not be left with a company representative. It should be returned to: COMLINK BUNDLE Phone, 619 SW 14th, Loveland, CO 80537. You authorize the Company and its agents to charge the Equipment replacement charge to the credit card or bank account on file with the Company if the Linksys Phone Adapter is not returned within 30 days of Your notice to cancel. If the Company is unable to obtain a charge authorization for the full amount due, You agree to provide alternative payment in the form of a money order, cashiers check, or other certified bank check within 10 days of notification of the amount due. You bear all risk of loss of, theft of, casualty to or damage to the Equipment; from the time it is shipped to You until the time (if any) when it is returned to Us in accordance with this Agreement.
If You are canceling Service it is Your responsibility to notify Us if You have requested COMLINK BUNDLE to port Your number from another company and it has not yet completed the porting process. The Company will attempt to cancel the porting of Your number to COMLINK BUNDLE once You’ve notified Us of Your intent to cancel. If the porting has completed, it is Your responsibility to notify Your new phone provider to port Your number from Us.
For Residential Services, We reserve the right to suspend or discontinue the Service generally, or to terminate Your Service, at any time in Our sole and absolute discretion. If We discontinue the Service generally, or terminate Your Service without a stated reason, You will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If Your Service is terminated on account of Your breach of any provision of this Agreement, You will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable.
For Business Services, We reserve the right to suspend or discontinue the Service generally, or to terminate or suspend Your Service for failure to rectify a violation of the Service Agreement within 10 days after receiving notice thereof from the Company. If We discontinue the Service generally, or terminate Your Service, You will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If Your Service is terminated on account of Your failure to correct any breach of any provision of this Agreement, You will be responsible for charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable. Service may be suspended by the Company without prior notice if necessary to comply with applicable laws or to preserve the integrity of service to other Customers. If service is suspended without prior notice, the Company will use reasonable efforts to notify Customer of the suspensions and the reason for suspension within one (1) business hour of suspension.
SERVICE REQUIREMENTS AND AVAILABILITY
You must supply certain equipment and facilities, such as a phone handset or equivalent, installed phone wiring and outlets, and a powered electrical outlet. You are responsible for supplying and ensuring that the equipment You supply is compatible with the Service and meets federal and other applicable standards. You represent that You either own Your equipment or have the right to use that equipment in connection with the Service. The Company shall have no obligation to provide, maintain, support or service Your equipment. If Your Internet Access Service is terminated, suspended or disconnected for any reason, the Service will not be available until You reestablish Your Internet Access Service with the Company.
FEES, TAXES AND OTHER CHARGES
We publish on our website, www.RISEBROADBAND.com, an explanation of the taxes and fees for this service. These fees and charges may change from time to time. If You make calls to locations outside the US, It’s Territories, and Canada, International rates will apply. These rates are published on the website http://phone.SKYBEAM.net. You will be charged $.89 for each call You make to Directory Assistance.
911 EMERGENCY SERVICES
Carefully read the information below. By acceptance, and use, of the VOIP Service You acknowledge and accept any limitations of 911/E911 service, and You agree to convey these limitations to all persons who may have occasion to place calls over the VOIP service. If You have any questions about 911/E911, call 844-411-RISE (7473).
LIMITATIONS ON 911 EMERGENCY SERVICE: The VOIP Service includes 911/Enhanced 911 functionality (“911/E911”) that may differ from the 911 or Enhanced 911 function furnished by other providers. As such, it may have certain limitations. E911 service includes transmission of your telephone number, and information you provide to COMLINK BUNDLE about the physical location of the equipment and facilities that are used to provide your VOIP Service (“Registered Location”). When you dial 911, your emergency services call will be routed to the applicable Public Safety Answering Point, or other applicable emergency services call center, or local emergency authority (“PSAP”). If the PSAP is capable of receiving your telephone number and Registered Location (“E911 Information”), such information will also be conveyed to the PSAP when you dial 911.
REGISTERED LOCATION: USE OF THE VOIP SERVICE FROM A LOCATION OTHER THAN YOUR REGISTERED LOCATION MAY CAUSE YOUR 911 CALL OR E911 INFORMATION TO BE ROUTED TO THE WRONG PSAP, MAY CAUSE EMERGENCY RESPONSE PERSONNEL TO BE DISPATCHED TO THE WRONG ADDRESS, AND MAY RESULT IN OTHER PROBLEMS WITH ACCESSING AND OBTAINING EMERGENCY SERVICES, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO RECEIVE EMERGENCY SERVICES. AS A RESULT, YOU MUST UPDATE YOUR REGISTERED LOCATION WITH COMLINK BUNDLE BEFORE USING THE VOIP SERVICE AT A NEW LOCATION. TO UPDATE YOUR REGISTERED LOCATION, CONTACT COMLINK BUNDLE CUSTOMER CARE AT 844-411-RISE (7473) OR AT THE ADDRESS SET FORTH AT www.RISEBROADBAND.com/contact-us/
EVEN IF YOU USE THE VOIP SERVICE FROM YOUR REGISTERED LOCATION, TRYING TO CALL 911 OR OBTAIN EMERGENCY SERVICES THROUGH A 911 CALL MAY FAIL FOR A NUMBER OF REASONS, INCLUDING:
a. POWER FAILURE – IF THERE IS A POWER OR INTERNET OUTAGE OR
INTERRUPTION, YOU WILL NOT BE ABLE TO USE THE VOIP SERVICE FOR ANY 911 OR OTHER
EMERGENCY CALLS (AFTER SUCH AN EVENT, YOU ALSO MAY NEED TO RESET OR RECONFIGURE
THE EQUIPMENT BEFORE YOU CAN CALL 911).
b. TERMINATION OR SUSPENDED SERVICE – IF YOUR VOIP SERVICE OR INTERNET ACCESS SERVICE IS INTERRUPTED, SUSPENDED OR CANCELLED FOR ANY REASON (INCLUDING DUE TO TECHNICAL PROBLEMS, YOUR FAILURE TO PAY COMLINK BUNDLE, OR TERMINATION OF THIS VOIP SERVICE AGREEMENT), YOU WILL NOT BE ABLE TO USE THE VOIP SERVICE TO CALL 911;
c. TRANSFERRED NUMBER – AS DESCRIBED FURTHER BELOW, IF YOU TRANSFER A TELEPHONE NUMBER FROM YOUR TRADITIONAL TELEPHONE SERVICE, THERE MAY BE A DELAY OR INTERRUPTION IN YOUR ABILITY TO USE THE VOIP SERVICE TO CALL 911;
d. UPDATED LOCATION INFORMATION – AS DESCRIBED FURTHER BELOW, IF YOU USE THE VOIP SERVICE AT A NEW REGISTERED LOCATION, IT MAY TAKE SEVERAL DAYS AFTER YOU NOTIFY COMLINK BUNDLE OF THE NEW REGISTERED LOCATION BEFORE 911 CALLING OR E911 FUNCTIONS WILL BE AVAILABLE; AND
e. TECHNICAL LIMITATIONS – NETWORK CONGESTION, RADIO INTERFERENCE, WEAK WIRELESS SIGNALS, OR OTHER CAUSES OF REDUCED INTERNET ACCESS SERVICE PERFORMANCE MAY PREVENT YOU FROM USING THE VOIP SERVICE TO CALL 911 OR MAY DELAY THE ROUTING OF YOUR 911 CALL OR E911 INFORMATION. YOU SHOULD NOT RELY ON THE VOIP SERVICE AS YOUR PRIMARY METHOD TO OBTAIN EMERGENCY SERVICES. IF YOU DO NOT FEEL COMFORTABLE WITH THESE LIMITATIONS, WE SUGGEST YOU MAKE ALTERNATIVE METHODS AVAILABLE TO CALL 911 OR OTHERWISE OBTAIN EMERGENCY SERVICES, SUCH AS THROUGH A TRADITIONAL TELEPHONE LINE OR A MOBILE PHONE.
LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT COMLINK BUNDLE WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911, AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMLINK BUNDLE AND ITS ASSOCIATED PARTIES FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE SERVICES, INCLUDING THOSE RELATED TO 911/E91YOU ACKNOWLEDGE THAT YOU ARE AWARE OF AND UNDERSTAND THE FOREGOING LIMITATIONS AND AGREE TO ADVISE ALL PERSONS WHO MAY CONDUCT CALLS USING YOUR VOIP SERVICE OF THE SAME.
“REVERSE 911” SERVICE: “Reverse 911” service is a telephonic community notification system that may be used to deliver outbound messages in the event of an emergency. The system employs a combination of database and mapping technologies to allow emergency responders to pinpoint a specific geographic area and deliver the appropriate message to residents in the affected are Certain systems have the ability to call both listed and unlisted phone numbers. Subscribers should contact their local public safety agencies to determine if the number used in the provision of the VoIP Service can be registered with the local public safety agency. The technical limitations associated with the provision of Reverse 911 service are due entirely to the local public safety agency’s network and systems capabilities. The Company shall not be liable for any failures, loss of service, interference, or incompatibility of the VoIP Service and any Reverse 911 service offered by local public safety agencies. Further, the Company offers no warranties, either express or implied, as to the availability of such Reverse 911 services, or their compatibility with the Service.
You shall use the Service and the Device only for lawful purposes. We reserve the right to immediately terminate Your Service if, in our sole and absolute discretion, We determine that You have used the Service or the Device for an unlawful purpose. In the event of such termination, You will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of Your Service. If We believe that You have used the Service or the Device for an unlawful purpose, We may forward the relevant communication and other information, including Your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, COMLINK BUNDLE will provide information in response to law enforcement requests, subpoenas, court orders, to protect it’s rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
You shall not use the Service or the Device in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. We reserve the right to immediately terminate Your Service if, in our sole and absolute discretion, We determine that You have used the Service or the Device in any of the aforementioned ways. In the event of such termination, You will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of Your Service. In addition, COMLINK BUNDLE will provide information in response to law enforcement requests, subpoenas, court orders, to protect it’s rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.
Although We encourage You to use the Service to place calls to foreign countries from within the United States, We do not presently offer or support the Service in any countries other than the United States. If You use the Service or the Device outside of the United States, You will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to terminate Your Service immediately if We determine, in our sole and absolute discretion, that You have used the Service or the Device outside of the United States.
You agree not to: use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e mail, spamming or any duplicative or unsolicited messages (commercial or otherwise); defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; advertise or offer to sell or buy any goods or Services for any non personal purpose; harvest or otherwise collect information about others, including e mail addresses, without their consent; create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other User or usage information or any portion thereof other than in the context of Your use of the Service as permitted under this Agreement, and these terms of service; transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs; transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless You own or control the rights thereto or have received all necessary consents; interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; host any type of publicly accessible file sharing, gaming, or email server including, but not limited to HTTP, FTP, SMTP, POP3, and Peer-to-Peer; interfere with another member’s use and enjoyment of the Service or another individual or entity’s use and enjoyment of similar Services.
The Company has no obligation to monitor the Service or any User’s use thereof or retain the content of any User session. However, the Company reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company reserves the right to implement reasonable network management practices to ensure service quality levels are maintained.
You agree not to share (or re-sell) the Service with anyone not residing at the Service address.
The Service may be used only at the Registered Location You provide to the Company. If You wish to relocate the Equipment, You must contact the Company for information on Service availability at the new location. If the Service is available at Your new location, You must update and register the new location with the Company in order to update our records for the Service and help make 911 services and E911 features available to You. If Service, 911 calling or an E911 feature is not available at the new location, Your Service will be terminated or suspended until You return the Equipment to a location with Service, 911 and E911 availability and provide Us updated information for the new location. Using or moving, or attempting to use or move, the Equipment or Service to a location without complying with this Section 9 is a violation of this Service Agreement and You do so at Your own risk.
LOCAL NUMBER PORTABILITY
If You are transferring Your existing phone number from another service provider for use with the Service, the following terms and conditions also shall apply:
a. You will cooperate fully with the Company and provide
promptly all information, including a letter of authorization or other
documentation, as requested by the Company in connection with the processing of
Your order for Service;
b. You authorize the Company to notify Your current telephone service provider of Your decision to switch Your local, local toll and long distance services to the Service, and You represent You are authorized to take such actions;
c. You acknowledge that if You set up the Service prior to the date that the number switch becomes effective (the “Port Effective Date”), You may be able to place outgoing calls but not receive incoming calls over the Service, and may not be able to make 911 or other emergency calls over the Service, until the Port Effective Date (in such a case, You should keep another phone connected to an existing phone extension at Your service location to receive incoming calls until the Port Effective Date); and
d. You acknowledge that if the Service is not yet activated as of the Port Effective Date, Your existing phone service for the number You are transferring will be disconnected and You will have no service for that line. To help avoid an interruption in Your phone service, You should install the Service prior to, or on, the Port Effective Date. An estimate of the Port Effective Date may be sent to You by the Company following Your completion of the ordering process, but this is only an estimate and not a guarantee of the Port Effective Date; and
e. You acknowledge that the Company may use call detail, and customer proprietary network information, for all lawful purposes, including but not limited to actions related to the initiation, rendering, billing and collection of the Service. Further, such actions also include the use of such information for the purposes of testing, verifying, and otherwise assuring that the Service is delivered to You.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES OR LIABILITIES, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATED TO:
a. DEVELOPING, INSTALLING, OPERATING, PROVIDING, IMPLEMENTING,
MAINTAINING OR PARTICIPATING IN A 911 EMERGENCY TELEPHONE SYSTEM OR SIMILAR
EMERGENCY SYSTEM OR ENHANCED 911 TELEPHONE SERVICE, INCLUDING WITHOUT
LIMITATION (i) RECEIVING, DEVELOPING, COLLECTING, OR PROCESSING INFORMATION FOR
E911 DATABASES, (ii) RELAYING, TRANSFERRING, OPERATING, MAINTAINING, OR
PROVIDING 911 OR E911 SERVICES OR SYSTEM CAPABILITIES, OR (iii) PROVIDING
EMERGENCY TELEPHONE AND RADIO COMMUNICATIONS FOR AMBULANCE, POLICE AND FIRE
b. INTERFERENCE OR INCOMPATIBILITY WITH OR DISRUPTION OF ANY NON-VOICE SYSTEMS, WHETHER CAUSED BY THE VOIP SERVICE, INTERNET ACCESS SERVICE, ANY EQUIPMENT, OR OTHERWISE;
c. ANY LACK OR BREACH OF SECURITY YOU OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE VOIP SERVICE; OR
d. USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK USES.
e. Our liability under this agreement will not exceed the Service charges for the affected time period. The Company will not be responsible for third-party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone or other wire line charges, technician charges, or other similar charges.
f. This Section 11, Limitation of Liability, will survive termination or expiration of this Service Agreement, whether terminated by You or the Company, for any reason.
UNLIMITED USE OF SERVICE
The Company offers unlimited local and domestic long distance calling for residential or business use subject to the following limitations. Use of the service, including for any telemarketing purposes, that results in excessive use is strictly limited. The Company determines excessive use according to criteria identified at its sole discretion and control, regardless of prior history. Subscribers that engage in excessive use will, at the Company’s discretion, be subject to immediate termination, or will be converted to a metered rate plan which will be subject to rates calculated as described in paragraph 1d, above.
The Company utilizes, in part, the public Internet and third party networks to transmit voice and other communications to and from the Subscriber. The Company is not liable for any lack of privacy which may be experienced with regard to the Service. Furthermore, the Service is offered over a platform that does not allow for the Company to encrypt the voice signals delivered over its network. Finally, the Company can not guarantee, or protect, against the possibility that third parties may improperly attempt to capture signals, or communications, sent over the network.
BY SIGNING THE INSTALLATION AGREEMENT, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT SIGN THE AGREEMENT OR USE THE SERVICE.
I HAVE READ AND UNDERSTAND THIS SUBSCRIBER AGREEMENT AND AGREE TO BE BOUND BY ALL OF THE TERMS.