GLOBAL NET CUSTOMER AGREEMENT
THIS SUBSCRIBER AGREEMENT (THE “AGREEMENT”) STATES THE TERMS AND CONDITIONS UNDER WHICH YOU (“YOU” OR “CUSTOMER”) MAY USE THE SERVICE PROVIDED BY GLOBAL NET, (GN) and Customer agree to following terms and conditions. Customer’s use of a Global Net connected internet service acknowledges their agreement and consent to this Agreement. If Customer does not Agree and Consent to this Agreement Customer must immediately stop using the service and notify GN that Customer is terminating this Agreement.
Equipment. Customer understands and agrees that the service requires certain equipment to be provided by Customer (the “Customer Equipment”) such as a personal computer with an Ethernet jack and an appropriate operating system, as well as certain equipment that will be provided by GN. Customer represents that it owns the Customer Equipment or otherwise has the right to use the same in connection with the service. It is the responsibility of Customer to provide and maintain all equipment that is not provided by GN. It is Customer’s responsibility to make sure that all Customer Equipment is working properly and to troubleshoot and resolve problems with such equipment if it is not functioning properly. Customer is provided with GN equipment as part of their monthly subscription fees. It is the responsibility of GN to make sure that GN equipment is working properly.
TERMS AND CONDITIONS
1. Service Term.
As consideration for the service, Customer agrees to pay the applicable subscription fees set forth on our Web site at the time of your selection, or, if applicable, upon receipt of your invoice. All fees are due immediately and are non-refundable, except as otherwise expressly noted, for each month of the current term which shall continue automatically unless terminated in accordance the termination policy listed herein.
2. Access to Customer’s Premises.
Customer authorizes GN and its employees to enter Customer’s premises (the “Premises”) in order to install, maintain, inspect, repair, and if necessary, remove the equipment.
3. Relocating Equipment.
Customer shall not relocate the equipment as this may affect Customer’s ability to receive service. If Customer decides to move locations, Customer will contact GN for additional information concerning the procedures for transferring the GN equipment and service to Customer’s new location. If the service is not available to Customer at their new location, then
the Agreement shall terminate and Customer shall comply with the termination provisions of this Agreement. If the service is available at the new location, upon request by Customer and approval GN will relocate equipment to Customer’s new location at a time agreed to with Customer. Customer acknowledges that Customer will be billed for the removal and reinstallation of the equipment at current hourly rates plus materials.
4. Replacement or Repair of GN Equipment.
Customer shall be solely responsible for the cost of replacement or repair of any lost, stolen, damaged, sold, transferred, leased, encumbered, or assigned equipment or part thereof.
5. Customer Equipment Liability.
GN has no liability whatsoever for any damage, loss, or destruction of Customer Equipment, including loss or destruction of any software, files, or data. This includes harm resultant from any computer upgrades. Customer must perform for service eligibility, including the installation of an Ethernet Network Interface Card.
GN or its agents will install the GN equipment. The Customer will be billed separately for installation according to the selected billing plan.
7. Service Fees.
Customer agrees to pay the monthly service fees, plus applicable taxes, as set forth in the current price list effective at the time of installation, as modified from time to time in accordance with the terms of this agreement. The initial service fee, together with applicable taxes, will be charged to Customer at the time of installation. Thereafter, the service fee together with applicable taxes will be billed to Customer. The service fee together with applicable taxes will be billed at the beginning of the applicable service period, on the day of the month that the Customer installation was completed (the “Anniversary Date”). GN reserves the right to change prices and institute new fees at any time upon notice to Customer by posting new prices on the GN web site or by sending notice via email or postal mail.
8. Installation Charges.
The installation charge, any additional installation equipment required plus applicable taxes, is as set forth in the Price List or in the Customer initial billing will be charged to Customer at the time of installation. Customer agrees to pay any additional charges for additional time or materials that installer performs or supplies in excess of the standard installation.
9. Agreement to Pay.
Customer hereby authorizes GN to charge Customer’s debit or credit card, invoice customer, or use other billing option in accordance with GNs then-current billing policies, for all such fees,
charges and taxes or by any of these methods at GN’s discretion. Customer agrees to pay for service through the end of the applicable month or in accordance with GN’s then-current billing policies. Further, Customer hereby authorizes GN to charge Customer’s debit or credit card for all fees related to termination, including pay out of the fees owed to GN equipment charges and any and all other fees related to termination to which the Customer is subject pursuant to the terms of this Agreement.
10. Late Payments; Failure to Pay.
Administrative charge may be assessed and the service may be disconnected. If the service is disconnected, Customer may be required to pay a reconnect fee in addition to all past due charges before the service is reconnected. The administrative charge is intended to be a reasonable advance estimate of GN’s costs resulting from Customer’s late payments and nonpayments.
11. Billing Errors.
Subject to applicable law, Customer must notify GN of any billing errors or other requests for credit within 30 days of the related billing. GN will not be responsible for disputes in billing not brought within this time.
Unforeseen Interruption of Services
To the extent possible, GN attempts to notify Customer as soon as it is practical in the event that GN is required to interrupt, either partially or fully, the services being provided to Customer. Such interruptions shall not be deemed a default hereunder.
Except as expressly set forth in or contemplated by this Agreement. GN will not prorate the refund for the lost service time in respect to the Customer’s monthly service Fees. GN will prorate a refund for services paid and not received in accordance with a time period, on accounts terminated in a timely fashion or on account GN can no longer service.
GN will repair or replace equipment damaged due to normal wear. If determined that (i) a repair was not related to the GN equipment, or (ii) GN equipment was not damaged by normal wear, then the Customer will be billed at GN’s then-current hourly rates plus materials. GN will not be responsible for the repair or replacement of any Customer Equipment or any interruption of service due to failure of Customer Equipment.
In the event the Customer moves or relocates to a location where GN service is not available, Customer is responsible to fulfill the terms of this Agreement as set forth in section “Termination and Expiration” below.
1. Customer understands that all information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Customer is entirely responsible for all Content that Customer uploads, posts, emails, or otherwise transmits via the service. Under no circumstances will GN be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of any Content posted, emailed, or otherwise transmitted to Customer via the service.
2. Customer agrees not to use the service to: (i) upload, post, email, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) harm minors in any way, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service; (iv) intentionally violate any applicable local, state, federal, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange, or the Nasdaq, and any regulations having the force of law..
3. Customer acknowledges and agrees that GN may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of GN, its employees, and the public.
4. Customer agrees that the service and the software may contain proprietary and confidential information that may be protected by applicable intellectual property and other laws. Customer further acknowledges and agrees that Content contained in sponsor advertisements or information presented to Customer through the service, advertisers, or suppliers may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.
1. Subscriber Privacy Notice
2. Monitoring the service
GN has no obligation to monitor the service, but may do so, and disclose information regarding Customer’s use of the service if GN, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the service properly; or protect itself and its Customers.
3. Prohibited Uses of the service
Customer shall not use the GN equipment or the service to, directly or indirectly: (a) participate in any unlawful purposes for transmission or storage of any information, data, or material in violation of any U.S. federal, state, or local regulation or law is prohibited. This includes, but is not limited to, posting or disseminating content which is obscene, unlawful, threatening, defamatory, or which infringes the intellectual property of any person.
4. Copyright Infringement
The unlawful use, copy or transmittal of copyrighted intellectual property using GN services or equipment is prohibited and by use of GN services or connections Customer agrees to this policy and acknowledges its responsibility and liability for any such use. Customer agrees to indemnify and hold harmless GN and its employees from any claim or damage resulting from Customers violation of this policy.
5. Local Area Network (LAN) in that each Customer is a node on the network
As such, users outside the Customer’s home may be able to access the Customer’s computer. It is important that the Customer take appropriate steps to protect their information on the computer from being accessed by others. To this end, we encourage Customers to acquire a firewall, utilize virus protection, and implement other security measures the Customer deems necessary to protect the integrity of the data on Customer’s computer. In addition, some software includes capabilities that permit other users across a network, such as the service and the Internet, to gain access to the Customer’s computer and to the software, files, and data stored on the computer. Operating systems can include file sharing and print sharing capabilities which, when enabled, will permit other users to gain access to the Customer’s computer even if the Customer is not using the service. Notwithstanding the foregoing recommendations, Customer hereby acknowledges and agrees that the Customer’s use of the service is at the Customer’s own risk,
and GN shall not have any liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to such use by the Customer.
6. Permission Grant
GN grants to you permission to use the equipment (antenna, radio modem, Category-5 cable, wall jack), but does not grant permission to: (a) attempt to login/reconfigure/attack the equipment (b) open the equipment (c) remove any proprietary notices or labels on the equipment (d) modify, translate, reverse-engineer, de-compile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the equipment (e) rent, sell or otherwise transfer the equipment (except to the extent assignable pursuant to the terms of this Agreement).
7. Customer Information Obligations
In consideration of Customer’s use of the service, Customer agrees to: (a) provide true, accurate, current, and complete information to GN and ; (b) maintain and promptly update this information to keep it true, accurate, and complete; (c) refrain from using the service for any purpose that is unlawful or prohibited by this Agreement. If Customer provides any information that is untrue, inaccurate, not current, or incomplete. GN has the right to suspend or terminate Customer’s account and refuse any and all current or future use of the service (or any portion thereof).
8. Public Internet IP Address
GN strives to deliver all services with a dedicated public internet IP address when available. To ensure security for both our Customers and our network, by policy we do not provision these public internet IP’s directly on our customer equipment; also known as bridge mode. GN offers a bridge mode option for approved Business Plan Customers only. Business Plan Customers interested in obtaining a bridge mode configuration must submit a request to GN and obtain approval in advance. Business Plan Customers should consult with their IT Department or IT professional if they believe they have a need for this service or have questions regarding their needs.
EXCEPT AS OTHERWISE SET FORTH, THE EQUIPMENT, SERVICE, AND SOFTWARE ARE PROVIDED BY WISP “AS IS” WITHOUT WARRANTY OF ANY KIND. WISP DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE EQUIPMENT OR SERVICE. CUSTOMER’S SOLE REMEDY FOR SERVICE INTERRUPTION SHALL BE LIMITED TO A PRO RATA REFUND FOR INTERRUPTIONS GREATER THAN 24 CONTINUOUS HOURS. GN DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY ARE HEREBY EXCLUDED.
1. DISCLAIMER OF WARRANTIES
CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT: a. GN MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) DELETION, MIS-DELIVERY, OR FAILURE TO STORE OR EFFECTUATE ANY USER COMMUNICATIONS, ORDERS, LISTINGS, OR CUSTOMIZATION SETTINGS WILL NOT OCCUR AS A RESULT OF CUSTOMER’S USE OF THE SERVICE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM GN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
2. LIMITATION OF LIABILITY
GN OR ANY OTHER PERSON INVOLVED IN CREATING, INSTALLING, DELIVERING, TESTING, OR USING THE SERVICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, SERVICE OUTAGE, OR FOR COST PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES. IF FOUND LIABLE FOR ANY REASON FOR DELIVERY ISSUES GN LIABILITY FOR ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO $100.
EXCLUSIONS AND LIMITATIONS BY LAW
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
Customer shall have no right to assign or transfer this Agreement or the associated Customer Equipment without the express prior written consent of GN.
1. Governing Law
This Agreement is between Customer and GN (a) This Agreement shall be governed by and construed in accordance with the laws of the State of Montana without regard to its conflicts of law provisions. (b) International Use. Recognizing the global nature of the Internet, Customer agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which Customer resides.
2. Time Limitation
Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or use of the service must be filed within one year after such claim or cause of action arose or be forever barred.
The section headings and sub-headings contained in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. GN’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. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of this Agreement.
Termination and Expiration
1. Termination by Customer
Customer may only terminate this Agreement by written notice to GN. The obligation of Customer to pay for the remaining service term of the remainder of the calendar month shall survive such termination. All related charges and fees may be billed to Customer’s account and/or charged to Customer’s credit card. Customer agrees and acknowledges that the payment obligations set forth herein apply to Customer’s termination of this Agreement for any reason whatsoever.
2. Customer Obligations Upon Termination
Customer agrees that upon termination of this Agreement GN equipment must be returned in good working condition or will be subject to a $150 non-returned equipment fee. Customer will permit GN, and its employees, agents, contractors, and representatives, to access Customer’s premises to remove the GN equipment and be charged a pre-paid $60 service call, or Customer may remove equipment and return it to GN in good working condition within 20 days of the effective date of termination or Customer will be subject to a $150 non-returned equipment fee. Customer assumes all responsibility for injury or harm that should occur if Customers attempts to remove GN equipment.
3. Termination by Global Net
GN may terminate this Agreement immediately should Customer violate any of the terms of this Agreement. GN may also terminate the service for any other reason at any time by providing Customer with written notice of such termination no later than 30 days prior to the date of termination. In the event GN terminates the service for any reason other than Customer’s violation of this Agreement, fees and charges will accrue through the date of termination but all prepaid fees and charges that have been paid in advance for any full month of canceled services will be refunded.
4. Retention of Rights
Nothing contained in this Agreement shall be construed to limit GN’s rights and remedies available at law or in equity. Subject to applicable law, GN reserves the right to delete all data, files, electronic messages, or other information that it may have received from Customer when service is terminated for any reason.
5. Multiple Users
Customer acknowledges that Customer is executing an Agreement on behalf of all persons who use the GN equipment and/or service through Customer’s computer. Customer shall have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. Customer further acknowledges and agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the service and/or GN equipment by Customer or by another user of Customer’s computer. Customer agrees to indemnify and hold harmless GN against all claims and expenses (including reasonable attorney fees arising out of the use of the service and/or equipment by any other user of Customer’s computer). Customer is also responsible for any termination by another user and the obligations of returning the equipment if Customer has left the equipment for another user or is not at the use location at the time of the termination.