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Personal Computer Doctors
Wireless Internet Terms
1. Definitions.
"The Company" or "Personal Computer Doctors" means Personal Computer
Doctors, 718 N. Spring
St.
Hartford
City, IN. 47348.
"The Subscriber" refers to an individual, corporation or legal entity who
incurs usage charges for the Company services, for its own use or who
incurs such charges on behalf of a third party user.
2. Price.
A. General. The Subscriber shall pay to the Company the charges associated
with the rate plan selected, including without limitation, deposits,
set-up fees, equipment purchase service charges, etc.
B. Once equipment is purchased by the customer it is theirs to maintain
and replace as needed.
C. Changes. 30 days notice will be given in the event of a price change.
If the price changes during the term of the agreement, the subscriber will
be given opportunity to end the agreement without penalty prior to their
next payment.
D. Installation fee is required to reserve an installation date. If
Personal Computer Doctors are unable to provide service to your location,
the installation fee will be refunded. All periods of service shall begin
on the first day of the month. Accounts more than 5 (five) days overdue
will be temporarily disabled until full payment is received. A reconnect
fee will be assessed on all disabled accounts. Returned checks will be
charged a returned check processing fee. Any requests for custom
installation work may require additional charges. Personal Computer
Doctors WISP will not be liable for any alterations to Subscriber’s
premises that result from the installation or removal of the CPE
Installation, including but not limited to, any holes in walls, cable
wiring or antenna mounting brackets. Subscriber either owns the home
or has permission from the landlord to install equipment.
3. Term and Termination.
This agreement commences upon activation of service by the Company and
remains in effect for the selected rate plan period, or until terminated
as herein provided. Subscriber may terminate this agreement upon thirty
days advance notice (via an email to
webmaster@pcdwifi.com from Subscriber's pcdwifi.com email account,
or by filling out a (Personal Computer Doctors Cancellation form). The
Company shall have the right to suspend or terminate this agreement at any
time without prior notice to subscriber. The Subscriber also agrees that
the Company has the right to delete all data, files or other information
that resides or is stored on the Company's hardware, if the Subscriber's
account with the Company is terminated, for any reason, by either the
Company or the Subscriber.
4. Indemnification.
Subscriber and User shall indemnify and hold harmless, the Company, its
agents and employees from and against any loss, cost, claim, liability,
damage, or expense (including reasonable attorneys' fees) to third
parties, relating to or arising from the use of the service by Subscriber,
User, or any of their personnel, whether or not Subscriber or User has
knowledge of or has authorized such access or use, including, without
limitation, claims for libel, slander, an invasion of privacy,
infringement of copyright, patent infringement (where Subscriber or User
has used, connected, or combined the service with the products or services
of others), negligence, breech of security, or tortuous behavior.
Subscriber agrees to indemnify the Company along with any parties from
whom the Company obtains network services, and to hold them harmless from
any claims resulting from the use of the service by Subscriber or its
users that damage another party or that violates the law.
5. Disclaimers of Warranties.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, EQUIPMENT, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE COMPANY (THE "CONTENT") ARE PROVIDED
"AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE COMPANY AND ITS LICENSORS,
AGENTS AND EMPLOYEES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE
OR SECURE. THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS
SYSTEM IS SOLELY AT YOUR RISK.
6. Limitation of Liability.
COMPANY SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF
EQUIPMENT OR SERVICES NOT PROVIDED BY COMPANY, FAILURE OF COMMUNICATIONS,
POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF
COMPANY, NOR SHALL COMPANY BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED
OR CREATED BY SUBSCRIBER'S OR ITS USERS' EQUIPMENT. SUBSCRIBER AND USER
HEREBY RELEASE COMPANY FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED
VIA THE SERVICE. COMPANY'S PERFORMANCE UNDER THIS AGREEMENT SHALL BE
EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL
COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS
REASONABLE CONTROL. COMPANY SHALL NOT BE LIABLE IF CHANGES IN OPERATION,
PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER'S
OR ITS USERS' EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS
PERFORMANCE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO
LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE,
ETC. THE LIABILITY OF COMPANY FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE
WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF
SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT
OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT
EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR THE
SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. COMPANY MAKES NO OTHER
WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE
SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR
USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY
IMPLIED BY LAW.
SERVICE DISRUPTION, Personal Computer Doctors does not guarantee
uninterrupted access to the Internet. The Service provided by Personal
Computer Doctors WISP is obtained from “backbone” Internet companies and
connections and equipment can and do break down. Personal Computer
Doctors WISP will not and cannot be responsible for any disruption of
Internet connectivity due to power outages, backbone supplier faults or
breakage, Personal Computer Doctors WISP equipment malfunction or any
natural disaster. All Internet service is provided on an "as is" and "as
available" basis. Personal Computer Doctors WISP does not warrant for any
loss of service time, transmission errors, connectivity or quality of
service.
7. Use of Service.
A. Subscriber shall insure that its users shall comply with the terms and
conditions of this agreement.
B. This connection cannot be shared with other devices (i.e. other
computers, notebooks, game systems, etc.) unless expressly agreed upon
within the order form. (The type of, and number of devices allowed to be
connected is reflected in the number of devices in the network). If at any
point in time Personal Computer Doctors discovers that the Subscriber is
“SHARING” or “DISTRIBUTING” their Service or network connection to others
outside the Premises, without the express permissions of Personal Computer
Doctors, the Subscriber’s Service will be terminated immediately. You may
not resell or otherwise redistribute the Personal Computer Doctors
Wireless Internet Service or profit in any other way by providing access
to the Service to others.
C. Subscriber and its users shall not use or permit its end users to use
the services in ways that violate laws, infringe the rights of others,
interfere with users of our service or other service networks. Subscriber
is responsible for the knowledge of and adherence to any and all laws,
statutes and regulations pertaining to or in any way connected with the
services provided by the Company and all use of any information, data,
material or service in violation of any such law, etc., is strictly
prohibited.
D. By posting information in or otherwise using any communications
service, chat room, message board, news group, software library, or other
interactive service that may be available to you on or through this site,
you agree that you will not upload, post, or otherwise distribute or
facilitate distribution of any content -- including text, communications,
software, images, sounds, data, or other information -- that:
1. Is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortuous, contains
explicit or graphic descriptions or accounts of sexual acts (including but
not limited to sexual language of a violent or threatening nature directed
at another individual or group of individuals), or otherwise violates
Company's rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group
of individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk
e-mail (also known as "spamming"), (one site that addresses these issues
is http://www.wa.gov/wwweb/AGO/junkemail/); chain letters, any other form
of unauthorized solicitation, or any form of lottery or gambling.
5. Contains software viruses or any other computer code, files, or
programs that are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or other information of any third
party; or
6. Impersonates any person or entity, including any employee or
representative of the Company.
You further agree that you will not knowingly solicit or collect personal
information from a minor without appropriate prior verifiable parental
consent.
Company generally does not pre-screen, monitor, or edit the content posted
by users of communications services, chat rooms, message boards, news
groups, software libraries, or other interactive services that may be
available on or through this site. However, Company and its agents have
the right at their sole discretion to remove any content that, in
Company's judgment, does not comply with these rules or is otherwise
harmful, objectionable, or inaccurate. Company is not responsible for any
failure or delay in removing such content.
E. Subscribers rights herein granted, cannot be transferred, assigned,
shared, sold, or used by anyone other than the Subscriber. No more than
one connection to the services provided by Company, can be used at any
time by the Subscriber on any system account.
F. Subscriber and/or users shall not establish Internet (inbound) servers
of any kind, including without limitation, Web, E-Mail, games, FTP, or the
like.
8. Broadband Availability.
Company reserves the right to establish and enforce usage limits limiting
the speed of uploads and downloads of any kind and in all protocols,
including without limitation, file downloads (FTP's), Web browsing, etc.,
from time to time, for all wireless, or other system accounts.
It is forbidden to
provide any network services from any device connected to Wireless
(including running web servers, file sharing or peer-to-peer software, as
these can use excessive bandwidth and/or assist in the distribution of
illegal or copyright data, software, music, video/movies or images). It is
also prohibited to use or connect equipment of any kind which can be
classed as insecure or create interference. Any such prohibited services
or devices discovered shall lead to the permanent termination of the
Wireless service.
Wireless is a shared
resource, any activity or software that use excessive bandwidth (for
example, continuous downloading and/or uploading at a high data rate for
more than 2 hours), inhibits or interferes with other users is prohibited.
The
network is a shared resource. Network use or applications which inhibit or
interfere with the use of the network by others, is not permitted. For
example, applications which use an unusually large portion of the
bandwidth for extended periods of time (e.g., peer-to-peer network file
sharing applications such as KaZaA, Morpheus, LimeWire, Gnutella, IMESH,
WinMX, Audiogalaxy, etc.) and dedicated network game servers (game servers
that run and continually listen for connections even with no human players
connected), and applications designed to send repeated E-mail messages or
mass E-mail messages ("E-mail bombs" or "bulk mailers") are not permitted.
Peer-to-peer traffic such as bittorrent and the like, use a
disproportionate amount of bandwidth and are unfair to other customers.
Please refrain from peer-to-peer activities to minimize this effect.
Please be considerate and share the bandwidth.
9. Service Calls.
Subscriber is responsible for the entire cost of service calls including
labor, materials and equipment for all failures which are not the fault of
the Company including without limitation, acts of God, weather phenomena,
failure of Subscriber's equipment, etc., including service calls to
reinstall and setup software.
10. Disputes.
In the event the Company is required to engage the services of an attorney
because of a breach by the Subscriber of any of the terms herein contained
or arising out of the Subscriber's use of the services provided by the
Company in any other manner, the Subscriber agrees to pay all of the
Company's reasonable attorneys fees and court costs. Upon breach of this
Contract, all of subscribers' rights and privileges shall be immediately
terminated and upon any such termination for breach of the provisions of
this Contract, or the breach of any applicable law or statute governing
the use of the services provided, all Subscriber fees shall be forfeited
as liquidated damages to the Company. In the event of litigation both
parties agree that the law of Indiana shall apply and both parties consent
to the jurisdiction of the courts of Blackford County, Indiana. Both
parties expressly waive a jury trial.
12. Contract Amendments. The Company reserves the right to amend
this contract from time to time, in its sole discretion, and any such
amendments shall become effective upon promulgations, subject to the terms
of this agreement.
13. The Subscriber certifies that he or she is at least 18 years of age or
that a parent or guardian has given their express consent. The parent or
guardian acknowledges responsibility for the minor's actions.
14. Entire Contract.
This Contract represents the complete understanding between the parties as
to the subject matter hereof, and supersedes all prior written or oral
negotiations, representations, guaranties, warranties, promises, orders,
statements or agreements between the parties or any statement or
representation made or furnished by any other person representing or
purporting to represent either party. |
