- Throughout this agreement, the customer will be referred to as User, and Collins Communications, Inc. will be referred to as CCI. By using CCI’s Internet service the User agrees to the following terms. Please read them carefully.
- CCI reserves the right to modify, discontinue, temporarily or permanently, cancel the service with or without any notice to User.
- CCI considers all e-mail transmitted via the service to be the private correspondence between the sender and recipient. CCI will not monitor, edit, or disclose the contents of a User’s e-mail communications, except if User agrees CCI may do so: (a) as required by law; (b) to comply with the legal process; (c) if necessary to enforce the Terms of Service; (d) to respond to claims of third party violations; (e) to protect the rights and property of CCI or others. User understands and agrees that technical processing of e-mail communications is and may be required, (a) to send and receive messages, (b) to conform to the technical requirements of connecting network, (c) to conform to the limitations of the service; or (d) to conform to other, similar requirements. User acknowledges that CCI does not endorse the content of any user communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes on the intellectual property or other rights of another.
- User will receive a password and account designation upon completing the sign-up process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User’s account and password. User agrees to notify CCI immediately of any unauthorized use of User’s password, account or any other breach of security.
- User agrees to abide by all applicable local, state, national, and international laws and regulations in User’s use of CCI’s service, and agrees not to interfere with the use of the service by other users. User agrees to be solely responsible for the contents of User’s transmissions through the service. User agrees (a) not to use the service for illegal purposes; (b) not to interfere with or disrupt the service or servers or networks connected to the service; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the service; and (d) to comply with all applicable laws regarding the transmission of technical data exported from the United States. User agrees not to transmit through the service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, copyrighted material, or otherwise objectionable material of any kind. User agrees not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of others. User agrees not to transmit any material that violates any applicable local, state, national, or international law or regulation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the service. Finally, User agrees not to transmit ‘junk mail’, ‘spam’, ‘chain letters’, or unsolicited mass distribution of e-mail.
- User agrees to indemnify and hold CCI, and their agents, affiliates, subsidiaries, officers, and employees, harmless from any claim or demands, including reasonable costs and attorney’s fees, made by any third party due to or arising out of User’s use of the service, connection to the service, violation of the terms of service, or violation of any right’ of another.
- CCI assumes no responsibility for the deletion or failure to store email messages. CCI reserves the right to establish a limit on the size of message storage it will maintain for User.
- User agrees that CCI may terminate User’s password, account or use of the service if CCI believes that (a) User has violated the terms of service, (b) that User violated the rights of CCI or other Users or parties. User further agrees that CCI may suspend or terminate User’s password, account or use of service if User fails to pay the required fees including a maximum aged balance of two months, or 60 days. User agrees that any suspension or termination of service under this agreement may be done without prior notice, and acknowledges that CCI may immediately delete any e-mail or files in User’s account and bar any further access to such files or the service. User agrees that CCI may remove its equipment from inside or outside of any buildings or poles on User’s premises upon non-payment or breach of this agreement.
- User agrees that use of this service is at user’s own risk. User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of or from the service is done at user’s own discretion and risk, and that user will be solely responsible for any damage to user’s computer system or loss of data that results from download of such material/data. CCI makes no warranty for goods or services purchased or obtained through or from the service or any transactions entered through CCI’s service. No advice or information, whether oral or written, obtained by user from cci or through the service shall create any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to the user.
- User agrees that CCI shall not be responsible for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the services or resulting from unauthorized access to or alteration of user’s transmissions of data, including but not limited to, damages for loss of profits, use, data or other intangible, even if CCI has been advised of the possibility of such damages. User further agrees that CCI shall not be liable for any damages arising from interruption, suspension, or termination of service, including but not limited to direct indirect, incidental, special consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to the user.
- Except as expressly stated CCI does not warrant that the connection will perform at a particular speed, or will be uninterrupted, error-free, or completely secure. This includes loss of data resulting from delays, non-deliveries, mis-deliveries or service interruption however caused. Use of any information obtained through CCI’s network is at user’s own risk. CCI specifically disclaims any responsibility for the accuracy or quality of information obtained through it services from internet sources.
- Any notice to User or to CCI shall be made via e-mail or postal mail at their respective addresses listed on the contract. CCI may also provide notices of changes to the terms of service or other matters by generally displaying notices on the service.
- The terms of service and the relationship between User and CCI shall be governed by the laws of the state of Wyoming without regard to conflict of laws provisions. User and CCI agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Wyoming. The failure of CCI to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such rights or provision. If any provision of the terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms of service remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action against CCI arising from the use of the service or the terms of service must be filed within one year after such claim or cause of action arose or be forever barred.
- CCI shall provide to User dedicated connection to the internet at the maximum throughput rate indicated on the contract. User shall receive from CCI the requirements necessary to provide User with the connection which shall include, but not be limited to equipment, IP addresses and configuration information. This agreement is expressly conditioned upon User’s continued compliance with CCI’s acceptable use policies as posted on its web site including any changes that may subsequently be made.
- All equipment supplied is and shall remain the property of CCI and shall be returned to CCI in original condition immediately upon termination of service. If during this agreement the equipment fails to operate properly through no fault of User it will be replaced with serviceable equipment from and by CCI. Upon termination User shall allow CCI employees to remove the hardware from User’s computer and premises. From time to time, onsite visits will be required to the customers’ location for changes and upgrades to equipment. The customer agrees to allow this access during normal business hours.
- User shall pay CCI a monthly fee during the term of this agreement. All payments are due within 20 days after the date of the invoice. Unless otherwise specified in writing by CCI, payments shall be made payable to ‘CCI’ and mailed as directed on the invoice. Credit Card payments are also acceptable. Invoices not timely paid may be subject to a late payment charge of the lesser of one and one-half percent (1.5%) per month, or portion thereof, or the maximum amount allowed by law. If payment is made by check and check is returned to CCI for non-payment, CCI will assess a charge of $25.00 plus the amount of the check. If User’s account is turned over for collection due to non-payment, User agrees to pay CCI’s attorney’s fees and collection costs. User’s account may be terminated and or equipment removed without further notice if payment is not received within 20 days of the invoice date. CCI will charge $25.00 to reconnect service on all past-due accounts. If the user moves at any time during the term of this agreement, CCI shall move the service to the User’s new place of residence for a $140.00 move fee. The initial term of the agreement shall not be effected by any such move. In case of the service not being available at the User’s new place of residence, this agreement shall be terminated and User agrees to pay no disconnect fee and User shall have no further obligations to CCI. If customer is moving out of coverage area the customer will be required to provide utilities or other proof of residence outside of CCI internet coverage area. CCI may not increase the monthly price during the agreement term. After the agreement term it may be modified, altered or amended upon thirty (30) days’ written notice to User. After the customer’s internet contract expires, User may be subject to new pricing.
- This agreement is for an initial term provided on the contract on the date of actual activation. After the initial term this agreement shall automatically continue from month to month until terminated by either party with at least 30 days prior notice. After two years User shall give thirty (30) calendar days’ notice (‘Notice of Cancellation’) to CCI to disconnect any User Circuit. Upon cancellation by User Circuit, CCI will bill User for access charges for thirty (30) days following the Notice of Cancellation. If User terminates this agreement any time after implementation, but before expiration, User will pay CCI a lump sum equal to $300.00. If User is terminated by CCI for violation of the Acceptable Use Policy, User shall pay, immediately, a lump sum equal to the charges for the remainder of the term of the agreement.
- CCI, solely, shall hold all password and authentication information necessary to operate the radio on CCI’s wireless network. Upon termination of this agreement CCI shall reset User ‘ID’s’ and passwords on all User owned equipment that CCI holds and supply the new information to User.
- Actual connection speed between User and a remote server or User is dependent upon numerous factors, technologies, and systems, many of which are beyond CCI’s authority and control. CCI warrants to User, and only to User, subject to the limitations set forth in this agreement, that it will use its best efforts to maintain contracted throughput speeds, which for purposes of this warranty means the ability of the wireless network to transmit traffic at the contracted speed, measured over a rolling one-month period. Any down time over a 2 day period (based on a 30 day month) will be credited if that is a User’s sole and exclusive remedy for throughput failure. The service credits shall not apply if: (a) any CPE (customer-provided equipment) used in the connection has been subjected to physical or electrical stress, misuse, neglect, accident or abuse, or damaged by any other external causes; (b) equipment has been installed, repaired, or altered by anyone other than CCI or its subcontractors or affiliates, without CCI’s express and prior written approval: (c) the services or equipment are used in violation of applicable law or in violation of instruction furnished by CCI; (d) performance is adversely affected by scheduled maintenance.
- Routine maintenance and periodic system repairs, upgrades and reconfiguration, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of service. As a result, CCI does not guarantee continuous uninterrupted service and reserves the right from time to time to temporarily reduce or suspend service without notice. User releases CCI and its directors, officers, employees, and agents from any and all obligations, charges claims, liabilities, costs and fees incurred as the result of interruptions or omissions of service.
- CCI reserves the right to monitor User activity from time to time and to deny service to an individual or business that CCI views as an excessive bandwidth user. Before installation begins CCI may require a deposit or prepayment. User may cancel this order without penalty at any time until the equipment is installed.
- Should CCI have to enforce the terms of the internet contract or this agreement in court, User agrees to pay CCI’s attorney’s fees and costs of suit in addition to any damages that User may be ordered to pay to CCI by the court.
- The terms of this agreement and the internet contract are particular to the User agreeing thereto and User may not assign his or her rights and remedies to a third party. If User assigns his or her rights to a third party, this agreement and the internet contract may be immediately terminated by CCI without notice to User or assignee, and no assignee shall have any rights or remedies under the internet contract or this agreement. Any assignment of the internet contract or this agreement shall not relieve the User of his or her responsibilities under this agreement.
- Collins does provide a vacation hold service to any customer currently under contract. This option is to suspend your service for up to 6 months for a monthly $5.00 processing fee for each month of the vacation hold. Any time the customer utilizes the vacation hold, the term of this agreement will be extend the correlating number of months to the remainder of the contracts term end date that the customer utilizes the vacation hold.
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