Trailwave Terms & Conditions for Service & Installation
TRAILWAVE TERMS & CONDITIONS FOR SERVICE & INSTALLATION
TRAILWAVE FIBER, INC
Terms and Conditions of Service
By signing the acknowledgment of receipt of and agreement to this work order (“Service Agreement”) for broadband services, including but not limited to broadband Internet by Trailwave Fiber, Inc. and its affiliates and subsidiaries (“Trailwave”) (individually and collectively “Service” or “Services”), you acknowledge that you are at least 18 years of age and legally authorized to agree, and agree to the following terms and conditions of service:
- DEFINITIONS. As used in this Agreement, the following definitions apply:
- “Company” or “we” or “us” or “our” refers to Trailwave;
- “Customer” or “you” or “yours” or “user” refers to the subscriber to the Service and includes anyone accessing the Service through your account
- BROADBAND INTERNET ACCESS By subscribing to Company’s broadband Internet access service you also agree to be bound by the following terms regarding the Service, in addition to the other terms of this Agreement. The Service is designed for personal and family use (residential use only) within a single Customer agrees that only customer and co-residents living in the same household will use the Service. The term “single household” means customer’s home and includes an apartment, condominium, flat or other residential unit that may be used as a residence in any multiple dwelling unit. Customer is responsible for any misuse of the Service that occurs through Customer’s account, whether by a member of Customer’s household or an authorized or unauthorized third-party.
- Subscribers of TRAILWAVE’S broadband Internet access services are also bound by the terms and conditions outlined in TRAILWAVE’S then current Acceptable Use Policy (AUP). You acknowledge and understand that the AUP is available to view or download at the Company’s website located atLadd website link address), or you may contact a customer service representative at TRAILWAVE or come to our office to receive such Use of the Service constitutes agreement to then current The AUP may be modified by TRAILWAVE by posting a revised AUP on the website. Customer will not use, or allow others to use, the broadband Internet access service to violate any applicable federal, state, local or international laws or regulations or to promote illegal activity. Customer will not use, or allow others to use, the Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity or otherwise violates the AUP. The internet access speeds quoted are the maximum rates by which downstream Internet access data may be transferred between TRAILWAVE’s facilities and the network interface device at your home, office or apartment building. The maximum rate is not guaranteed and may vary. The quoted speeds should not be confused with the speed at which Customer’s modem receives and sends Internet access data through the public internet as such speeds are impacted by many factors beyond TRAILWAVE’s control. Actual internet speeds vary due to many factors including the capacity or performance of your computer or modem and its configuration, your wiring and any wireless configuration, your destination and traffic on the Internet, internal network or other factors at the internet site with which you are communicating, congestion on the network and the general speed of the public internet. The actual speed may affect your on-line experience including ability to view streaming video and speed of downloads. Except as otherwise provided by law, TRAILWAVE reserves the right to implement network management controls to optimize and ensure that adequate speed and data transfer is available to all Internet access service customers. TRAILWAVE manages its network with the goal of delivering quality service to all of our customers. Additionally, if TRAILWAVE did not manage the network, customers would be subject to the negative effects of “spam,” viruses, security attacks, network congestion, and other risks and degradations of service. To address these risks, TRAILWAVE uses reasonable network management practices with the goal of relieving network congestion and ensuring that all customers have the opportunity to use the broadband Internet access service with the best available results.
- TERMS AND CONDITIONS OF SERVICE AND BILLING The items listed below outline additional terms and conditions of service, equipment lease, billing procedures and relationship between you, the Customer and TRAILWAVE regarding the provision of the selected TRAILWAVE Services. Customer agrees to be bound by all the terms and conditions contained herein.
- SUBSCRIPTION AND PAYMENT Customer agrees to pay monthly charges in Customer agrees to pay for all Services provided by TRAILWAVE including but not limited to charges for installation, equipment rental fees, and all applicable local, state or federal fees, taxes and surcharges, including but not limited to all regulatory surcharges, and franchise fees. All charges are due upon receipt of bill or by date specified on the billing statement for each period. Failure to pay the total balance when due shall constitute a breach of the Service Agreement and may be grounds for disconnection of Service and/or imposition of additional fees, in accordance with applicable law and Section 7 below.
- OWNERSHIP OF EQUIPMENT. “Equipment” includes all equipment provided to you or installed in or on your premises by TRAILWAVE. This Equipment and other TRAILWAVE property and facilities (individually or collectively “Equipment”) delivered to Customer and/ or installed on the premises to receive the Service shall remain the sole and exclusive property of TRAILWAVE. You agree to pay any Equipment lease charges associated with the Service. Customer assumes the risk of loss, theft or damage to all Equipment at all times prior return of the Equipment by TRAILWAVE is not responsible for the operation, maintenance, service or repair of Customer owned television, computer, radio or any other consumer electronics, which may from time to time be connected to the Service.
- TAMPERING/MISUSE/LOST/STOLEN. You shall not alter, misuse, repair, or in any manner tamper with the Equipment or outlets or remove from the Equipment any markings or Equipment cannot be removed from your premises and used in another location, including but not limited to a commercial You are responsible for the safekeeping of all Equipment. If any Equipment is destroyed, damaged, lost or stolen while in your possession, you shall be liable for the cost of repair or replacement of the Equipment.
- TERMINATION OF SERVICE BY CUSTOMER. Customer may terminate Service in person at the TRAILWAVE office or by calling 706-754-2114. Account holders are liable for all Services rendered by us up to the time the account has been de-activated and we have received all
- THEFT OF SERVICE. The receipt of Services without TRAILWAVE’s authorization is a crime. You understand that the law prohibits: 1) theft or unauthorized reception of cable programming; 2) assisting theft or unauthorized reception of cable programming (including the manufacturing or sale of equipment intended for such unauthorized use); and 3) willful damage, alteration or destruction of You can be subject to both civil and criminal penalties for such conduct. Customer shall not intercept, receive, share or assist in the interception, receipt, or sharing of any Service offered by TRAILWAVE without the prior written authorization of TRAILWAVE. Customer shall not move Equipment to another location or use it at an address other than the Service address without prior authorization from TRAILWAVE.
- TERMINATION OF SERVICE BY TRAILWAVE. TRAILWAVE will provide a written notice on your statement of a disconnection of all or part of your Service, except if the disconnection is: 1) requested by you; 2) necessary to prevent theft of service; or 3) necessary to reduce or prevent signal Your service is subject to disconnection when your bill becomes 15 days past due. Upon termination of Service for any reason and where Services have not been restored, you agree to immediately return all internal Equipment in the operating condition as when received (reasonable wear and tear excepted) directly to TRAILWAVE. If you fail to return any Equipment or if the Equipment is returned damaged, you shall pay TRAILWAVE the replacement cost of the Equipment. Customer shall be liable to TRAILWAVE for the full replacement cost of any damaged Equipment regardless of the cause, including but not limited if Equipment is destroyed, damaged, lost or not otherwise returned to TRAILWAVE because of theft, fire, flooding, storm, or any other incident beyond Customer’s control. Further, Customer understands and agrees that TRAILWAVE may charge Customer’s credit card on file at termination of Service in the amount of any outstanding balance and/or for the cost for any unreturned or damaged Equipment, in accordance with applicable law.
- CHANGES IN SERVICE/CHARGES. TRAILWAVE may change Services and charges, including deleting TRAILWAVE will give you thirty (30) days’ prior written notice of increases or other changes in charges or Services in conformity with applicable law and to the extent it is within TRAILWAVE’S control.
- TRANSFER OF ACCOUNT/CHANGE OF RESIDENCE. The Service shall only be provided to Customer at the address where TRAILWAVE’s installation is Customer may not transfer Customer’s rights or obligation to the Service to any successor tenant or occupant or to any other address without TRAILWAVE’s prior written consent.
- SERVICE AND REPAIRS. TRAILWAVE will make reasonable efforts to maintain its network and respond to service calls in a timely manner. TRAILWAVE will repair damage to failed Equipment, or interruption of Service, due to reasonable wear and tear or technical malfunction. Physical damage to Equipment caused by intentional or negligent misuse is your sole responsibility and you must pay us for the cost of repair or replacement.
- ACCESS ON PREMISES. You grant TRAILWAVE a permanent easement on your premises to construct, install, maintain, inspect and/or replace our outlets, and all other Equipment necessary to provide Services and from time to time check for signal If you are not the owner of the premises, you warrant that you have obtained the consent of the owner of the premises for us to perform installation and maintenance work.
- COMPLIANCE WITH AGREEMENT. TRAILWAVE reserves the right to suspend performance or terminate Service for the breach of any of these terms and conditions or policies related to the
- Do not mail written correspondence with your bill PLEASE SUBMIT ALL CORRESPONDENCE TO THE TRAILWAVE LOCAL
- PRIOR ACCOUNTS. Customer warrants that no monies are owing to TRAILWAVE from previous accounts with If TRAILWAVE finds a prior account with Customer with monies owed to TRAILWAVE, then TRAILWAVE may apply any funds received to that prior account.
- AMENDMENT. TRAILWAVE may amend these terms and conditions of the Agreement, on a prospective basis, upon reasonable prior written notifications to
- CUSTOMER WARRANTIES. You represent and warrant that you are at least 18 years of age and are legally authorized to enter into this Agreement. You warrant that you are legally empowered to authorize TRAILWAVE to enter upon the premises for the purpose of (a) placing transmission lines in the utility easement on the property, including, if necessary, an above ground pedestal in the easement; (b) attaching wiring and equipment to the structure; and (c) installing, maintaining, repair, disconnecting
20. WARRANTY DISCLAIMER; LIMITATION ON DAMAGES. TRAILWAVE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRAILWAVE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
- SmartHub SMS Notifications – National Information Solutions Cooperative, herein referred to as “NISC”, provides subscription based messaging in the form of Short Message Service or text messaging, herein referred to as “SMS”. SMS includes the delivery of electronic communications to a mobile device owned or used by a customer of Trailwave, herein referred to as “Customer”. NISC may use automated technology to distribute messages to a mobile device directly or through the use of a 3rd party agent.
TRAILWAVE makes no warranty, express or implied, including any warranty of merchantability, unless for a particular purpose or non-infringement of either the equipment or Service furnished hereunder.Limitation of Liability. TRAILWAVE shall not be liable to Customer for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the Service or any acts or omission associated therewith, including any acts or omissions by subcontractors of TRAILWAVE, or relating to any services furnished, whether such claim is based on breach of warranty, contract, tort or any other legal theory and regardless of the causes of such loss or damages or whether any other remedy provided herein fails.Customer Exclusive Remedy. TRAILWAVE’s entire liability and Customer’s exclusive remedy with respect to the use of the Services or any breach by TRAILWAVE of any obligation TRAILWAVE may have under these Terms and Conditions shall be Customer’s ability to terminate the Service. In no event shall TRAILWAVE’s liability to Customer for any claim arising out of this Agreement exceed the amount paid by Customer during the preceding thirty (30) day period.
CUSTOMER INDEMNIFICATION. YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS TRAILWAVE FIBER INC. AND ITS EMPLOYEES, AFFILIATES, SUBISIDIARIES, SUPPLIERS, AGENTS AND CONTRACTORS (“INDEMNIFIED PARTIES”) AND SHALL REIMBURSE THE INDEMNIFIED PARTIES FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS)INCURRED IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTIONS ARISING OUT OF (i) YOUR USE OF THE SERVICE OR EQUIPMENT; (ii) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND (iii) YOUR BREACH OF ANY PROVISION OTHIS SERVICE AGREEMENT.
SERVICE INTERRUPTIONS. TRAILWAVE assumes no liability for interruption of Service due to circumstances beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike, or weather. TRAILWAVE will strive to restore service within twenty- four (24) hours after you report a service interruption or other problem if the cause was not beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike, or weather.
Entire Agreement. With the AUP, if you are receiving such Services, this Agreement constitutes the entire agreement between you and TRAILWAVE. No representation or warranty made by any agent or employee of TRAILWAVE in connection with the installation, maintenance or provision of Service which is inconsistent with the terms of this Agreement, shall be binding on TRAILWAVE. TRAILWAVE may amend this Agreement on thirty (30) days prior notice to you and such amendment may be provided to you in hard copy or any available electronic means, as determined at TRAILWAVE’s sole discretion. Your election to continue receiving the Service thereafter shall be deemed to constitute your acceptance of such amendment. No alteration or modification of the terms of this Agreement by you shall be accepted and each alteration or modification shall be void. If any provision of this Agreement is determined to be illegal or unenforceable by a court, such provision shall be ineffective to the extent of such prohibition without invalidating the remaining provisions of this Agreement. If any provision of this Agreement conflicts with a provision of an applicable ordinance or other government regulation, the provision of such ordinance or regulation, to the extent of such conflict, shall apply. The Agreement and all matters relating to the validity, construction, performance and enforcement are governed by applicable federal law, the rules and regulations of the FCC and applicable laws, regulations or ordinances for the state and local areas where Service is provided.
E-mail Notification. You agree that notifications may be made by e-mail.
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