1 General: This Agreement takes effect once a Subscriber orders, uses, or pays for AccessOn Internet Services. The Service and the Equipment are solely and exclusively for the use of the Subscriber and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of this Agreement. Subscriber acknowledges and agrees that it has no ownership rights in and to the Service and that no such rights are granted under this Agreement. The Subscriber shall not modify, port or route the Service to any other equipment, network or software that AccessOn Internet, in its sole good faith judgment, determines is interacting or interfering with the performance of the Service. Service expressly provided by AccessOn Internet for operation on Subscriber’s own equipment shall be furnished without warranty as to compatibility, fitness or performance with such equipment, and Subscriber shall bear all cost and responsibility for such equipment. Unauthorized access or use of internet access Service is unlawful, and AccessOn Internet shall have all rights provided by law to prevent such access or use, and to collect damages in such event.
Subscribers must be at least eighteen (18) years of age and provides and will continue to provide to AccessOn Internet accurate, complete, and current information to adequately identify and affiliate the account with the identified account holder of record. The Subscriber acknowledges that AccessOn Internet relies upon the provision of truthful information and that the Subscriber will notify AccessOn Internet promptly, in accordance with the terms of this Agreement, if there is any change in the information provided to AccessOn Internet. Failure to comply may result in breach, default or termination of the Subscriber’s services.
2 Billing & Payment: Monthly invoices will be sent via Subscriber’s email address on file. Accounts may be paid by electronic bank draft, ACH or credit card as set up at the time of ordering Service. Money order or check payments will be reviewed on a case by case basis with paper invoices sent to a Subscriber’s address incurring a $5 service charge. Failure to receive a bill in no way exempts Subscriber from payment for Service. AccessOn Internet will request that Subscribers pre-pay for the first month’s Service and thereafter will bill Subscribers for Services monthly, in advance. If Services begin on other than the first (1st) day of the month or terminate on other than the last day of the month, the charge for that month shall be determined by pro-rating the monthly payment by the number of days during which Services were provided. AccessOn Internet will bill Subscriber monthly, in arrears, for AccessOn Guard or other Services ordered where charges are based on actual usage or on orders placed during the previous month. Payment in full for all billed charges, including additional charges and all taxes, fees and surcharges, must be received by the date indicated on the bill to avoid late fees and other charges.
A late fee may be assessed upon any outstanding undisputed balance due that remains after the due date appearing on the bill. Please report any billing errors immediately. To receive credit for disputed charges, such charges must be reported to AccessOn Internet in writing within 90 days of the date of the bill that contains the disputed charge(s) unless otherwise specified under applicable law. Refunds or adjustments will not be issued for any charge that is more than 90 days old at the time AccessOn Internet is notified. Upon receipt of a written dispute, AccessOn Internet will investigate the dispute and notify the Subscriber of the results of the investigation and either adjust the billing, issue a credit, or notify that all or a portion of the dispute amount is still owed. The Subscriber will be required to pay any amount owed within fifteen (15) days thereafter, and failure to do so may subject the account to termination under these terms of service.
Nonpayment of any portion of your AccessOn Internet bill may result in interruption or disconnection of all Services, including phone services. Subscribers are liable for payment for all Services rendered by AccessOn Internet and billed to their account. It is the Subscribers responsibility to mail or make payment in a timely manner to ensure receipt by AccessOn Internet on or prior to the due date. Subscribers may also incur an additional charge for dishonored/returned checks, or credit card, bank card, or other charge card chargebacks. If you know that your payment will be late, call AccessOn Internet to make alternative arrangements and avoid service interruption and reconnection fees. If AccessOn Internet has not received full payment by the 60th day after invoicing, Services will be disconnected.
3 Special Construction: If Subscriber requests a change in location of all or part of the Services prior to the completion of construction or installation, the Subscriber agrees to pay AccessOn Internet all reasonable additional costs incurred by AccessOn Internet to accommodate the request. A $1.50 per foot cost may be charged for Service installations that require more than one thousand (1,000) feet of fiber strand to the residence or business from the nearest Service availability point, road or public right of way.
4 Equipment: All Equipment, including terminals and routers, provided by AccessOn Internet are the property of AccessOn Internet, shall not be tampered with, and must be returned in good working order if the Subscriber moves or terminates Service. The account will be charged a fee for any Equipment which is not returned to AccessOn Internet at the time Service is disconnected. This charge also applies should any of the Equipment be stolen from the Subscriber’s home or returned damaged beyond the normal wear and tear. AccessOn Internet will repair and/or replace the Equipment at no charge if the repair or replacement is not the result of negligence, misuse, damage or theft at the Subscriber’s premises. A service charge may be imposed if repairs to AccessOn Internet Equipment is due to negligent use, misuse, or abuse. AccessOn Internet may also charge a fee if AccessOn Internet visits a Subscriber’s residence and determines that no such repair and/or replacement is necessary.
5 Code of Conduct: AccessOn Internet and its representatives are committed to treating people with respect and expect the same in return. Accordingly, AccessOn Internet reserves the right, without incurring any liability, either to suspend or terminate Service, and/or deny access to any or all facilities owned or leased by AccessOn Internet, for (a) making oral or written statements using language that is abusive, derogatory or expresses an intention to inflict pain, injury, damage or other hostile action on any AccessOn Internet representative, or (b) while located on the premise of any facility owned or leased by AccessOn Internet, making a threat or attempting to inflict physical contact or bodily harm on any individual that puts the individual in immediate danger of or in apprehension of such harm or contact, performing willful, deliberate or intentional acts resulting in damage to property owned or leased by AccessOn Internet. Additionally, AccessOn Internet reserves the right to refuse to perform any requested service or maintenance on the premises of a member or customer if any AccessOn Internet employee, while on the premises of a member or customer, has a good faith belief that illegal activity is/has taken place or that the premises is unsafe for the employee or exposes the employee to any type of risk.
6 Termination of Service: Subscribers may request that their Services be disconnected at any time by notifying AccessOn Internet the desire to do so. Unless otherwise provided by applicable law, billing for any disconnected Services will stop on the date that the Service disconnection takes place, and all Equipment is returned in good working condition. If the Equipment is not returned, the Subscriber agrees to pay AccessOn Internet a $250 replacement fee. This Agreement and the Services provided hereunder may be terminated by AccessOn Internet at any time without prior notice (a) if the Subscriber fails to comply in full with all the terms herein, or the provisions of any applicable laws, rules, or regulations; (b) the Subscriber interferes with AccessOn Internet’s ability to provide the Service(s) to the Subscriber or any third party; (c) the Subscriber violates the AccessOn Internet Code of Conduct; or (d) if AccessOn Internet loses the right or ability to use public rights-of-way necessary to serve the Subscriber. In the event of termination by AccessOn Internet, any restoration of Service shall be solely at AccessOn Internet’s discretion, subject to a restoration fee, and on such terms as AccessOn Internet shall determine are necessary to resume Service on a commercially reasonable basis.
7 Moving the Service: If a Subscriber is moving within the AccessOn Internet Service area, contact AccessOn Internet with a relocation request to schedule an appointment for installing AccessOn Internet Services at the new location. Please notify AccessOn Internet at least 10 days prior to the move to arrange the transfer of Services. Some fees and restrictions may apply. To transfer Services, the Subscriber’s account must be in current standing and any credits and charges from the previous Service address will be transferred to the new account address. These credits and charges may take up to two months to appear on the Subscriber’s AccessOn Internet bill.
8 Disruption or Failure of Services: In no event shall AccessOn Internet be liable for any failure or interruption of transmissions or Services, including, without limitation, loss of data or business opportunity. Subject to applicable law, credit will be given for qualifying outages. AccessOn Internet shall not be liable for any direct, indirect, consequential, incidental, special, exemplary or punitive damages from whatever cause. The Service outage credit and Subscriber’s termination rights shall be the Subscriber’s sole and exclusive remedies in the event of any disruption or failure of Services.
Neither party shall be liable for any delay or failure of performance or Equipment due to causes beyond its control, including, but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, action or request of a Federal, state or local governmental authority or of any civil or military authority; national emergencies; unavailability of rights-of-way or materials; inability to appropriately configure and/or interconnect the Equipment within Subscriber’s residence; or strikes, lock-outs, work stoppages or other labor difficulties.
AccessOn Internet may at its discretion, temporarily suspend or interrupt your Service to make necessary changes in how we provide Service over our network and our facilities to your premises. If required by the terms of the agreement or by law or regulation, AccessOn Internet will notify you in advance of such changes.
9 Authorized Users: Subscriber and members of Subscriber’s household, including guests of Subscriber, are the only authorized users of the Service and must comply with the Agreement. Subscriber may not sell, transfer, lease, encumber or assign all or part of the Service. If Subscriber installs a wireless router, no one outside of Subscriber’s household may access the Service through Subscriber’s account. Subscriber is responsible for all traffic coming into or from Subscriber’s account even if it is an unauthorized user. Subscriber shall assure that any use of the Service complies with all applicable laws, regulations and rules. This limitation on authorized users includes, but is not limited to, hosting applications such as the provision of email, FTP (File Transfer Protocol), HTTP (Hypertext Transfer Protocol), VoIP (Voice Over Internet Protocol), and Telnet access. Although resale of such Services is prohibited, a business rate plan allows for the hosting of these Services for the business’s own purpose (e.g., employee email, basic business website for marketing).
10 Assignment or Transfer: This Agreement and the Equipment are not assignable or otherwise transferable by Subscriber. Subscriber shall notify AccessOn Internet of any change of occupancy or ownership of the premises immediately upon such transfer of ownership or tenancy and shall promptly return the Equipment to AccessOn Internet upon such occurrence. AccessOn Internet may freely assign this Agreement, any of AccessOn Internet’s rights and obligations, and any debt Subscriber owes to AccessOn Internet, without notice to Subscriber.
11 Installation: Installation of the Service means that Service has been made available to Subscriber, which, depending on the level of Service available to and selected by Subscriber, may include access to data or voice. AccessOn Internet cannot guarantee the Service can be provisioned to a specific location. AccessOn Internet may, in its sole discretion, accept or reject any potential Subscriber. Because of the complex nature of the Service, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. Where, after installation has begun for a Subscriber, it is learned that Service is not reasonably possible, AccessOn Internet will cancel the installation process and refund any money the Subscriber paid for the Service. Installation includes up to one thousand (1,000) feet of fiber strand to the residence or business and continues to the equipment provided by AccessOn Internet.
If the Subscriber rents or otherwise does not own the residence, the Subscriber represents and warrants that they are authorized by the property owner to order installation of the Services and acknowledge that it may be a requirement to provide written evidence that all permissions necessary for AccessOn Internet to perform installation services have been received. If AccessOn Internet incurs any costs or losses, including attorneys’ fees, because the Subscriber did not get the necessary authorization(s) for AccessOn Internet to install the equipment required for the Services, Subscriber is responsible for reimbursing AccessOn Internet for those costs or losses. Acceptance of these Terms does not guarantee that AccessOn Internet will install or provide any Services. AccessOn Internet may need a separate agreement with the Subscriber or Subscriber’s landlord to install the Services.
12 Subscriber Property: As a condition of receiving Services, the Subscriber grants to AccessOn Internet authorization to enter premises to construct, install, maintain, inspect and/or replace all Equipment necessary to provide Services. If the Subscriber is not the owner of the premise, the Subscriber warrants that he/she has authority to grant such access to AccessOn Internet or that he/she has obtained the consent from the owner of the premises for AccessOn Internet to install and maintain equipment as indicated on site survey agreement. In consideration of receiving Service from AccessOn Internet, the Subscriber hereby grants or will grant to AccessOn Internet any easements required by AccessOn Internet on, under, over or through the Subscriber’s real estate for purposes of extending fiber optic cable so to provide Service to the Subscriber and others as well as to perform maintenance, Service upgrades and periodic clearing of rights of way. When economically feasible, all extensions shall follow any existing utility easements.
13 VoIP Dialing: Upon taking AccessOn Voice digital phone service, the Subscriber’s physical address is used for purposes of providing 911 emergency services. Should the Subscriber move the device from its original location and then attempt to call 911, the emergency call taker will receive the wrong address information. In the case of a complete power loss, network outage, broadband Internet outages or congestion, disconnection of service, or other conditions beyond the reasonable control of AccessOn Internet, access to 911 may be delayed, impaired or unavailable. AccessOn Internet has no liability whatsoever with respect to 911 dialing.
The phone service may not be compatible with security systems. The Subscriber may be required to maintain a telephone connection through Subscriber’s local exchange carrier to use any alarm monitoring functions for any security system installed in the Subscriber’s business. The Subscriber is responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
14 Acceptable Use Policy (AUP): The Subscriber shall not use or allow others to use the Service for illegal or inappropriate activities, including but not limited to: invading another person’s privacy; unlawfully using, possessing, posting, transmitting, or disseminating obscene, profane, or pornographic material; posting, transmitting, distributing or disseminating content that is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory, or otherwise offensive or objectionable. AccessOn Internet has no responsibility for the accuracy, completeness, value, or usefulness of any content, advice, or opinions contained in any emails, third-party web sites, message boards, chat rooms, social networks, or online services. The internet may contain material that is unsuitable for minors, and the Subscriber agrees to supervise and to accept sole responsibility and liability for any use of the Service by minors through the Subscriber’s account. AccessOn Internet may take any legal and technical remedies to enforce or prevent the violation of this AUP.
The Subscriber will be liable for all liability that may arise out of the content transmitted by the Subscriber or to any person, whether authorized or unauthorized, using the Subscriber’s Service or equipment. The Subscriber shall assure that all use of the Service and content always comply with all applicable laws, regulations, and written and electronic instructions for use. AccessOn Internet reserves the right to disconnect or suspend the Subscriber’s Service and remove the Subscriber’s content from the Service, if AccessOn Internet determines, in AccessOn Internet’s sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with AccessOn Internet’s ability to provide Service to the Subscriber or others. AccessOn Internet’s action or inaction under this Section will not constitute any review or approval of the Subscriber’s use or content.
AccessOn Internet reserves the right to review usage of all its plans to ensure Subscribers are not abusing them. The Subscriber agrees to use AccessOn Internet Services for normal voice or fax calls and will not employ methods or equipment to take advantage of the Services by using the voice or fax services excessively or for means not intended by AccessOn Internet. Abuse of e-mail by spamming, mass e-mailing, “mail-bombing” (sending mass e-mail or deliberately sending excessively large attachments to one recipient), forging e-mail headers (transmission information) or use of e-mail to harass or intimidate other users are all prohibited. Using another computer, without authorization, to send e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin is prohibited. AccessOn Internet may terminate Service immediately if it determines, in its sole discretion, a Subscriber is abusing its plans and reserves the right to enforce this policy at any time.
15 Consent to Communications: The Subscriber agrees that AccessOn Internet or AccessOn Internet’s contractors that install or provide the Services(s) may call, text or e-mail Subscribers at any telephone number or e-mail address the Subscriber provides to AccessOn Internet or that AccessOn Internet issues to the Subscriber, for any purpose relating to the Subscriber’s account and/or the Services to which the Subscriber subscribes. The Subscriber expressly consents to receive such calls, texts and e-mails and agrees that such communications are not unsolicited. If a Subscriber does not want to receive these communications, Subscribers may discontinue the same by calling AccesOn Internet. The Subscriber understands and agrees that this is the exclusive means of opting out of such communications. Notwithstanding the foregoing, the Subscriber acknowledges and agrees that it may not opt-out of receiving certain communications pertaining to their account, including, without limitation, communications regarding emergencies, fraud or other violations of law, security issues, and harm caused to AccessOn Internet’s network. In any event, AccessOn Internet may communicate with Subscribers to provide information about their account or services, including, without limitation, the status of repairs or outages, and to schedule or confirm service appointments. Message frequency depends on the Subscriber’s activity with the Services. Message and/or data rates may apply.