Ultranet Service Agreement Terms and Conditions
1. By signing this Agreement and using the service, (1) you, the Subscriber agree to abide by the SERVICE AGREEMENT TERMS AND CONDITIONS; (2) you are at least 18 years of age. This Agreement takes effect on the date on which service starts, and continues until your service is terminated. Ultranet reserves the right to modify the Terms and Conditions, the Acceptable Use Policy, and this Service Agreement or pricing for the Service and may discontinue or revise any or all other aspects of the Service in its sole discretion at any time by posting changes on our website. Your continued use of the Service after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement.
2. The Service Ultranet provides is access to the Internet. Actual Speeds vary based upon the following: amount of internet traffic, content on a website, by the overall performance and configuration of your computer/network. Stated speeds and uninterrupted use of service are not guaranteed. Actual speeds may be slower than the listed speeds during peak hours. The term UNLIMITED is defined as unrestricted bandwidth for the selected plan up to 1TB of data in a 30 day period of time. ITB of data is enough to stream
3. Ultranet is responsible for setting up a wireless internet connection to Subscriber’s home or business using a directional antenna. Wireless internet connections require a properly aligned antenna with clear line of site to an Ultranet access point. Service can be interrupted or degraded by misalignment due to wind storms, tampering, other disturbances, or by the growth of foliage that blocks line-of-sight to the access point over time. Ultranet is responsible for providing a functioning antenna that is properly aligned upon installation. Any problems encountered with the growth of foliage or with Subscriber’s hardware and software not provided by Ultranet are the responsibility of Subscriber. Any request for a service call not associated with above standards will be charged a minimum service charge of $50.00 for each service call plus $75 per hour after the first 30 minutes. Failure to cancel a scheduled service call if a problem is resolved unassisted will result in a minimum service charge of $50.
4. Upon the expiration of the initial term of this agreement, this agreement shall automatically renew for successive periods of one year absent written notice from Subscriber (email to firstname.lastname@example.org is acceptable) at least two weeks in advance of the current term’s expiration.
5. Subscriber is responsible for keeping Subscriber’s login passwords secure. Subscriber will be fully responsible for unauthorized use. Ultranet will never contact you by any means to ask you for your password or other sensitive personal information.
6. E-mail and other electronic transmissions passing over the Internet and through the Ultranet system are not confidential, as the Internet is a public access network. Therefore, Ultranet cannot guarantee the protection or privacy of any information transmitted or received through its network. Ultranet reserves the right to monitor Subscriber’s use as necessary to provide service and otherwise to protect the rights or property of Ultranet. Ultranet will not disclose any such information unless required to do so pursuant to a court order, subpoena, or similar legal request or otherwise, on the advice of counsel.
7. Ultranet’s services are provided subject to the Service Agreement only. Ultranet does not provide warranties of any kind, either express or implied. Ultranet shall not be liable for any loss or damages arising out of the use of or failure of its service. Subscriber agrees to indemnify and hold without harm Ultranet, its officers, employees, and other users from any and all claims, damages, expenses (including attorney’s and other legal fees) and liabilities resulting from any and all use of Subscriber’s account whether authorized or Unauthorized. All information obtained over the Internet through Ultranet is used at Subscriber’s own risk
8. Attempts to gain unauthorized access to any other computer or computer systems are prohibited. Subscriber must agree to abide by all rules, regulations and policies of networks and computer systems accessed via Ultranet. If Subscriber is unsure of those policies, it is Subscriber’s responsibility to obtain and read these policies.
9. The right to use Ultranet’s service is not transferable by Subscriber. Accounts are for the use of Subscriber only. Subscriber is responsible for the confidentiality of Subscriber’s passwords.
10. Services provided to Subscriber through Ultranet may only be used for lawful purposes. Transmission or storage of any data, information or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited. Subscriber may not, under any circumstances, use Ultranet in an unlawful manner, including, but not limited to: (a) Posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, or pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, and (b) Intercepting or attempting to intercept e-mail; and (c) Uploading files that contain software or other material protected by copyright laws unless Subscriber owns or controls the rights thereto.
11. Subscriber must use best efforts to avoid interfering with any other person’s use and enjoyment of the Internet. Subscriber agrees to comply with the following system rules of Ultranet. The following are strictly prohibited: (a) Any attempt to introduce viruses, worms, Trojan Horses, or any other destructive programs, or to deliberately crash or overload the server systems of Ultranet or any other computer system accessed through Ultranet; (b) Sending unsolicited mail messages (junk mail or “Spam”). This includes but is not limited to, mailing of commercial advertising, informational announcements, political announcements and religious information. Such material may only be sent to those who have explicitly requested it: (c) Forging any message header, in whole or part, of any electronic transmission, originating or passing through Ultranet’s system. Additionally, all messages must contain a valid return address; (d) Posting or transmitting any fraudulent information. This means any information that Subscriber knows, or has reason to know, is false and that Subscriber intends for others to rely on; (e) Posting or transmitting any advertising or promotional materials that contains false, deceptive, or misleading statements, claims, or representations; (f) Impersonation of any person, communicating under a false name or a name that Subscriber is not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, Subscriber profiles, chat dialogue and message posting; (g) Use of mail list, list server or any form of auto-responder from a Subscriber’s account on Ultranet’s servers; (h) User processes that run or are activated on Ultranet’s servers while the user is not logged in: (i) Use of any device or software that would allow Subscriber’s account to stay logged on while Subscriber is not actively using Ultranet services or use of the account for the purpose of operating a server of any type; (i) Interference with or attempting to interfere with service to any user, host, or network (“denial of service attacks”). This includes but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host: (k) Sending threatening or harassing e-mail (i.e. threatening physical injury or damage to persons or property); (1) Unauthorized reselling of Ultranet services or solicitation of Ultranet users to become subscribers of other online services competitive with Ultranet. Failure to comply with system rules may result in immediate suspension or termination of Subscriber’s account
12. The monthly billing cycle will begin on the first day of the month and will continue for the term of the agreement until terminated by either Subscriber or Ultranet in accordance with the agreement. The monthly charge for Subscriber is payable in advance. Subscriber will pay a pro-rated amount for a first partial month.
13. No refunds or credits will be given for any problems identified as being with Subscriber’s computers, network equipment, software, or signal interference at Subscriber’s location. Ultranet may, at its sole discretion, offer billing adjustments it is determined that unreasonably long interruptions in service were due to problems with our network service.
14. Subscriber’s account may be immediately deactivated without notification at Ultranet’s sole discretion for violation of terms and conditions, violation of the rules, or nonpayment of account charges. Any account deactivated will be subject to a $15.00 reactivation fee. Any deactivated account will be reactivated at the then current rate plan available.
15. If a credit or debit card or ACH draft is declined for any reason Subscriber services will be suspended until full payment has been made. In the event that payment is not made within 30 days, Subscriber shall be deemed to be in default on the Agreement and services will be terminated. In the event of termination for this or any other reason, any outstanding balance for non-returned equipment and future contracted payments will be due and payable immediately and will be subject to collection fees as allowed by law.
16. Subscriber is responsible for any and all reasonable charges and/or fees incurred, whether or not specifically covered by this agreement.
17. All equipment provided by Ultranet shall remain the property of Ultranet. If service is discontinued for any reason, Ultranet will attempt to schedule an equipment retrieval date with Subscriber. If Subscriber does not allow access to the equipment, Subscriber will be held liable for the equipment charges. Subscriber will be charged the MSRP value of the equipment and any unpaid subscriber fees using the method of payment used to secure the account or used to pay monthly subscription fees. Subscriber hereby grants Ultranet access to its equipment at any reasonable time for the purpose of examining or removing it.
18. The parties agree that each provision of this Agreement is severable and the invalidity or unenforceability of any one or more of the provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.