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This Service Agreement for the services provided hereunder is made by and between Customer and ReadyTek Broadband.
- All use of Ready Tek Broadband service must comply with the then-current version of the Ready Tek Broadband Acceptable Use Policy ("Policy"), which is part of this Agreement and is available at the following URL: www.readytek.net. Ready Tek Broadband reserves the right to amend the Policy from time to time, effective upon either posting of the revised Policy at the URL or providing other notice to Customer. Ready Tek Broadband reserves the right to suspend the service or terminate this Agreement, effective upon notice, for a violation of the Policy. Customer represents and warrants to Ready Tek Broadband that Customer: (a) will not reproduce, publish or distribute content in connection with the service that infringes any third party's trademark, copyright, patent, trade secret, publicity, privacy or other personal or proprietary right and (b) will use service in compliance with all laws and regulations including, without limitation, prohibition on the use of telecommunications facilities to transmit illegal, obscene, threatening, libelous, harassing, other offensive messages, or otherwise unlawful material. Customer agrees to indemnify Ready Tek Broadband, its affiliates, their officers, directors, employees and agents from and against any liability and costs incurred in connection with any claim arising out of any breach by Customer of the representations and warranties contained herein. Ready Technologies may participate in the defense at its expense. Customer agrees to indemnify Ready Tek Broadband and hold it harmless from any losses, damages, costs, or expenses resulting from any third-party claim or allegation ("Claim") arising out of or relating to use of the service, including any Claim that, if true, would constitute a violation of the Policy.
- NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM CUSTOMER'S OR CUSTOMER'S USERS' USE OF ReadyTek Broadband AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES FOR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES, OR SERVICE INTERRUPTIONS. Notwithstanding anything to the contrary stated in this Agreement, Customer's sole remedies for any claims relating to this service or ReadyTek Broadband are set forth in Section "G" below.
- ReadyTek Broadband exercises no control over, and accepts no responsibility for, the content of the information passing through ReadyTek Broadband host computers, network hubs, and points of presence. Use of any information obtained via ReadyTek Broadband is at Customer's own risk. ReadyTek Broadband specifically denies any responsibility for the accuracy or quality of information obtained through its services. ReadyTek Broadband shall not be liable for any delay or failure in performance due to Force Majeure, which shall include acts of God; earthquake; weather; labor disputes; changes in law, regulation, or government policy; riots; war; fire; epidemics; acts or omissions of vendors or suppliers; equipment failures; transportation difficulties; or other occurrences that are beyond ReadyTek Broadband reasonable control.
- Contract Term; Contract Date; Contract Year. The "Term" of this Agreement will begin on installation, Customer acceptance, or first use, whichever occurs first ("Contract Date") and end twelve (12) months (as agreed upon) following the Contract Date as signed. This Agreement, as it may be amended and modified, shall automatically renew month to month after the end of the TERM. After the first Contract period, Customer may terminate service by giving Ready Tek Broadband thirty (30) days advance notice of such termination. Early Termination fee is charged at $20 per month left on the contract.
- PAYMENT TERMS. Payment for the advanced payment service months indicated above is due immediately upon Contract Date. All Customers must provide the following credit card information which will be utilized for the payment of all Ready Tek Broadband charges; (a) Type of credit card [only Visa, Master Card, Discover and American Express are accepted]; (b) Name on the credit card account; (c) Credit card number; (d) Expiration date of credit card; and if requested, the card batch security code. The Customer agrees to keep the required information up-to-date if credit card account is cancelled or expires. Accounts are in default if payment is not honored by the designated credit card company when submitted by Ready Tek Broadband, and subject Customer to a Ready Tek Broadband reactivation charge of $25 if the account is suspended for nonpayment. Accounts unpaid for 10 days may have service interrupted or terminated. Such interruption or termination does not relieve Customer of the obligation to pay the Monthly Charge. Only a written request or notice to terminate Customer's service pursuant to Section "D" relieves Customer of the obligation to pay the Monthly Charge for the contract. Upon notice pursuant to Section "D", the Customer's advanced payment will be refunded as a credit against the Monthly Charges for the payments of service. Under no circumstances will a cash refund of the advanced payment be made.
- Premature Termination: If a customer terminates this agreement before the end of the first contract term, customer shall be liable for a termination penalty as follows:
- Equipment must be returned to Ready Tek Broadband within 10 days of termination.
- Payment for any late or due service,
including remaining months of contract
as per section "D", must be
made immediately.
- Waiver of Termination Penalty: If a customer moves his service location out of the Ready Tek Broadband coverage area to another area that has no Ready Tek Broadband coverage and furnishes Ready Tek Broadband with proof of said move, Ready Tek Broadband will accept the premature termination and customer forfeits the last month of prepayment. Customer is responsible for returning Ready Tek Broadband equipment to the company in good working order within 10 days of the date of termination or for making an appointment with Ready Tek Broadband for its technicians to come to the service location and remove the equipment. Failure to return the equipment may result in a charge to the customer's account equivalent to the cost of the equipment.
- Customer grants Ready Tek Broadband the right of entry onto customer's premises to install, maintain and/or remove Ready Tek Broadband equipment. Ready Tek Broadband will notify the customer that Ready Tek Broadband needs access to the equipment and customer shall agree to make access available. Ready Tek Broadband will conduct its service between the hours of 8:00am and 5:00pm Monday through Friday unless otherwise agreed upon with Customer.
- Default of this agreement shall be called by ReadyTek Broadband if the customer fails to pay for service for a period in excess of 10 days of the due date
- Late Charges and Reconnection Charges: Accounts in default are subject to an interest charge on the outstanding balance of the greater of 1.5% per month or the maximum rate permitted by law. Customer agrees to pay ReadyTek Broadband its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights, should ReadyTek Broadband prevail, under these Terms and Conditions. If ReadyTek Broadband disconnects the service for non-payment, customer will be subject to a reconnection fee of $25.
- Remedy: If ReadyTek Broadband causes an error, delay, defect, breakdown or failure in service, which is defined as lasting for more than 4 hours during any calendar month (Service Interruption) the customer must request a credit. No automatic credit will be given. The maximum credit allowed shall not exceed the Monthly Charge for the service interrupted. No credit shall be available for difficulties such as Customer equipment failure, Tower Failure, or other causes beyond ReadyTek Broadband reasonable control. The above prorated credit provides Customer's sole remedy for any claim relating to this service or ReadyTek Broadband. ReadyTek Broadband records and data shall be the sole basis for all calculations and determinations.
- ReadyTek Broadband warrants that service
will be provided with an uptime of at least
90% during a calendar month. In the event
of an error, delay, defect, breakdown, or
Service Interruption, ReadyTek Broadband obligation
shall be limited to the use of reasonable
diligence under the circumstances to restore
service. Customer's sole and exclusive remedy
in the event of an error, delay, defect, breakdown,
or Service Interruption, shall be limited
to the daily prorated credit set forth in
Section "K". ReadyTek Broadband shall have
no obligation to retrieve or reconstruct lost
messages or data. ReadyTek Broadband makes
no warranty of compatibility with any hardware
or software. A ReadyTek Broadband internet
connection does not create an agreement for
repair or maintenance of the Customer's existing
system, hardware, or software. All hardware
provided to Customer in connection with providing
ReadyTek Broadband service, including, without
limitation, the antenna, mounting hardware,
wiring, and equipment attached to Customer's
computer(s) or network shall at all times
remain the property of ReadyTek Broadband,
and shall be returned to, or permitted to
be retrieved by, ReadyTek Broadband promptly
upon termination of service for any reason
for the duration of this contract. ReadyTek
Broadband shall be under no obligation to
restore Customer's hardware, software, real
or personal property to its condition prior
to the installation of ReadyTek Broadband
software, hardware, or equipment.
- Bandwidth: Bandwidth is burstable to the
speed that Customer has agreed to pay for.
Residential speeds are sold in, 256k download
(burstable to 1.5M)/256k upload or 384k
download (burstable to 2.5M or 4.0M)/384k upload.
Business services are sold with higher amounts
of download and upload. Upload can be increased
if purchased from ReadyTek Broadband in advance.
Bandwidth can be increased or decreased upon
customer request and 2 days notice.
- Reasonable Usage: For the purpose of establishing the definition of True Unlimited Internet Access, and in addition to the above requirements, reasonable usage is defined as a standard account not exceeding the total aggregate time that would normally be incurred in the course of a month by a small business owner to run their business. You are prohibited from excessive use of system resources, and you may not use the system in a manner that encumbers system resources, bandwidth, disk space, or processors beyond what is allowed by your specific type of account. Running public server applications of any kind, including but not limited to, video or audio uploads, or FTP servers, is expressly prohibited unless otherwise provided in writing by Ready Tek Broadband.
- Accounts that exceed the above restrictions may be subject to applicable surcharges determined by ReadyTek Broadband and/or suspended or cancelled. ReadyTek Broadband reserves the right to monitor your account activity to prevent excessive use. Excessive Use is defined as going over your Reasonable Usage by double the allowed value. At which time your service will be limited to a lower bandwidth value. If you are using File-Sharing programs turn off the sharing/upload feature!
- Customer shall have the right to terminate ReadyTek Broadband service without penalty if ReadyTek Broadband fails to deliver service within the standards defined in "L" above for a period of 10 consecutive days or more.
- Neither party may use the other party's name, trademark, trade names, or other proprietary identifying symbols without the prior written approval of the other party. Customer may not assign or transfer any of its rights or obligations under this Agreement without the prior express, written consent of ReadyTek Broadband, provided that Customer may assign or transfer this Agreement to any affiliate of Customer upon advance written notice to ReadyTek Broadband. Customer may not sell service to others. Resale of service by Customer shall be cause for ReadyTek Broadband to terminate this Agreement without a refund of the Customer's advanced payment. No failure or delay on the part of either party to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law.
- Prices for recurring monthly service, installation and the number of months of advanced payment required may change without notice. The current policy in effect is defined by the public content of ReadyTek Broadband web site at www.readytek.net. CUSTOMER UNDERSTANDS AND AGREES THAT, EXCEPT AS STATED IN THIS AGREEMENT, NO OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, APPLY.
- If any provision of this Agreement is held by a court to be invalid, void or unenforceable, the remainder of this Agreement shall nevertheless remain unimpaired and in effect.
- These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Acceptance of this Agreement by ReadyTek Broadband may be subject, in ReadyTek Broadband absolute discretion, to satisfactory completion of a credit check.
- In the event that the Federal Communications commission or other lawful authority determines that ReadyTek Broadband must contribute to support government programs based upon revenues obtained from the provision of service hereunder, the ReadyTek Broadband, without any further agreement of Customer, may impose a fee or charge designed to recover its required contribution, based upon revenues earned under this Agreement.
- Prices are exclusive of any taxes that may be levied or assessed upon the equipment or services provided hereunder and any such taxes shall be paid by Customer. If Customer is exempt from otherwise applicable taxes, Customer must submit its tax identification number and exemption certificate at the same time it submits this Agreement. Charges for ReadyTek Broadband service will begin on installation, Customer acceptance, or first use, whichever occurs first.
- No ReadyTek Broadband employee is authorized to make any representation, verbally or in writing, that alters or changes or augments this agreement in any way.
- Person signing this agreement represents that he / she has the authority to contract for service and commit payment.
- Person signing this agreement represents their household/business and all persons here-in. All persons using the ReadyTek broadband service are held to this agreement.
- ReadyTek Broadband expressly forbids spam, pornography or any other offensive communications set or posted through the ReadyTek Broadband network.
- ReadyTek Broadband forbids Customer from modifying equipment, the configuration or anything else to equipment that requires ReadyTek Broadband to reconfigure equipment. Equipment will be reconfigured at a cost of $65 an hour with a one hour minimum. This fee will have to be paid before service will be turned back on.
- ReadyTek Broadband expressly forbids any forms of Child Pornography. Viewing, sending, creating Child Pornography or using chat type programs for illegal purposes for the intent to harm children, by using the ReadyTek Broadband service or network will result in immediate termination of service and reporting to the proper authorities.
Customer questions should be directed to ReadyTek Broadband Customer Service at support@readytek.net or http://www.readytek.net.
Contacting ReadyTek Broadband
If you have any questions about these policies, the practices of this site, or your dealings with ReadyTek Broadband, you can contact ReadyTek Broadband at (801)529-1271.
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