High Speed Internet Service Agreement
This agreement between Bay’s ET High-Speed, LLC and the “End User” describes Terms of Service Provided by Bay’s ET High-Speed, LLC. “End User” is defined in this agreement as any persons or entities that have access to services provided by Bay’s ET High-Speed, LLC. Any violation of this agreement may result in cancellation of service without prior notice. Any actions considered unlawful may result in civil/criminal charges being filed in accordance with state and federal law.
A. Equipment and Installation
B. Pricing and Contract Termination Charges
1.) Resuming Service after Cancellation or Disconnection.
C. Network Maintenance
D. Terms of Service
1.) Limits and Restrictions of Service
2.) Service Abuse
3.) Bay’s ET Right of Early Cancellation
E. Limitations of Liability
F. Disclaimer of Warranty
G. Right of Entry
H. Termination of Service
Section A. Equipment and Installation
All End Users will have one Subscriber Module or “SM” Installed on the exterior of the home or business. Some installations will also require one Yagi antenna. Both the SM and Yagi antenna are property of Bay’s ET High-Speed, LLC and will be removed after cancellation of service. In the event this equipment is taken by the End User or the equipment is missing, a non returned equipment charge of $375 for SM and a $90 charge for the Yagi antenna will apply. The equipment will be forever warranted against defect during network subscription. If the equipment becomes damaged due to actions taken by the end user such as but not limited to, removal of lightning protection, cutting or damaging wiring, physical impact to SM or antenna, changing or moving SM or Antenna, the End User will be responsible for damages. All accessory hardware installed by request of the End User, such as routers and network cards, are covered by a 1 year warranty, and are the property of the End User at time of purchase.
Section B. Pricing and Contract Termination Charges
All End Users will be required to sign a separate pricing agreement for the desired level of service. Contract terms are monthly, yearly and 2 years. In the event of early termination of service requested by the End User, a $150 charge will be assessed for 1 and 2 year contracts. Early termination charges do not apply to monthly service contracts. Installation charges are a one time fee and will not be refunded in any event after the first thirty days following service activation. The Installation Fees are $50 for installation labor and a $149 one time equipment rental charge. Monthly contracts require and additional equipment purchase charge of $300, in which case the End User owns all hardware including the SM and antenna.
Section B, Subsection 1. Resuming Service after Cancellation or Disconnection.
If service is interrupted due to late payment or nonpayment and the equipment has not been removed, a $10 reconnection charge will be assessed. If equipment is removed from the End User’s home or business, and the wiring is not removed, a $40 Reconnection fee will be assessed. If new wiring is needed or requested by the End User, an $80 fee will be assessed. A returning End User who has ended their contract term in good standing and the equipment was removed at the end of service can resume service without the equipment rental fee being charged a second time. End Users may request temporary cancellation of service for the following reasons without penalty: a. natural disasters b. requests for temporary disconnection of service for extended periods of absents. Requests may be made in writing, but are subject to approval.
Section C. Network maintenance
Bay’s ET High Speed, LLC will make our best effort to provide a fast, dependable network to serve each End User. In emergency conditions we may need to make repairs without having time to notify End Users of potential service outages. However, we will make every effort to make repairs as quickly as possible and provide as much advance notice for scheduled down-time for network maintenance, upgrades, and repairs. In most cases, upgrades and maintenance can be performed without interruption of End User service.
Section D. Terms of Service
Bay’s ET High-Speed, LLC will provide End Users with a connection to the Internet and assist with basic problems associated with Internet usage via phone support. We will not provide support for usage of other companies services and websites. We cannot repair damaged websites or web services. Technical support for VPN links and other private networks will be provided from the administrator of those links. Computer repair issues will be handled by Bay’s Computer Service and will be charged according to their policies and cannot be billed with Internet service. Any security system problems or installation will be addressed by ET Security and will be billed and handled separately from Internet services. Separate service calls will be scheduled for repair services not related to network connection issues.
Section D, Subsection 1.) Limits and Restrictions of Service
This Service Agreement covers residential and small office connections. The following uses of this connection are prohibited and will result in termination of service or transfer of service to a service level in which your usage complies. Use of connection to: Host websites, web casts, data mining, spam e-mailing, and other web server based services. Sharing or reselling Internet service to any other residential or commercial properties. Engaging in fraudulent or any other activates deemed unlawful by state or federal laws.
Section D, Subsection 2.) Service Abuse
Service abuse will not be tolerated by Bay’s ET High-Speed, LLC. Any intentional inference of network availability, intentional miss-configuration of equipment, attempts to obtain higher level of service without making a request for service upgrades or attempts to gain access to secure portions of the network will result in lifetime network ban and criminal/civil charges filed.
Section D, Subsection 3.) Bay’s ET Right of Early Cancellation
Bay’s ET High-Speed, LLC retains the right to terminate Internet service at anytime for any reason. Billing will be stopped at that point, and equipment will be recovered. Non return equipment penalties may still apply if equipment is not recovered.
Section E. Limitations of Liability
Bay’s ET High Speed, LLC will be held harmless to any damages or injuries caused in relation with equipment, installation, or service including, but not limited to damage due to natural phenomenon such as high winds, tornado, heavy rain, electrical damage, lightning, water damage due to old seals or flooding, injury to persons attempting to reach, cut, move, paint or otherwise change the equipment and installation.
Section F. Disclaimer of Warranty
Bay’s ET High Speed, LLC makes every effort to provide reliable, high-quality service.
Service is provide “as-is” and specifying no guarantees of service Bay’s ET High Speed makes no guarantee of thru put to the end user, no guarantee’s of speeds achieved from websites due to the many factors that can affect service, such as the amount of traffic on our and the sites network may be experiencing, environmental conditions that may be limiting the link speed, intentional limitations in place on the servers you are trying to access. Bay’s ET High-Speed, LLC does not offer refunds for periods of lost service and will be held harmless to financial losses, productivity losses and data losses, telephone, and emergency service outages for VoIP Subscribers that may occur as result of any service outages. Bay’s ET High-speed, LLC will be held harmless to acts of data theft or data mining while accessing information using our network.
Section G. Right of Entry
The End User grants the following property entry right to Bay’s ET High-Speed, LLC or our affiliates:
1. Entry to End User’s home or business at scheduled appointment time, and access to rooms needed to install equipment. 2.Presence of an adult over the age of 18 during installation. 3. Right of access to equipment installed outside the home of or office anytime during business hours for the purpose of upgrade, repair, replacement or removal of equipment.
Section H. Termination of Service
At termination of service, End Users must either A. schedule removal of equipment, or B. return equipment to an office of Bay’s ET High-Speed, LLC. If a contract is being terminated early, the termination charge is due at equipment return. If equipment is not returned and termination charges not paid within 30 days or payment agreement has not been reached, the account will be turned over for collection or a civil suite filled.