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Call Now! Chico: 893-3474 | Yuba/Sutter: 673-4119 | Toll Free: 800-870-8876
Wireless Broadband Service Agreement
Definitions: “Company” or “ACC” means
Advanced Communications Company; “Customer” means the person(s) who
requested, the person(s) who received, and the person(s) who benefited from the
materials and services delivered (jointly and severally).
1.
Monthly Service
Charges Apply.
2. Customer Premise Equipment (“CPE”) shall mean equipment that is provided by the Company within or under Customer’s control. Customer is responsible for maintaining and operating CPE unless otherwise expressly provided under this Agreement. If Customer has not purchased CPE, Company shall retain title to CPE and Customer shall promptly return all CPE to Company and/or promptly provide Company with reasonable access to Customers’ facilities in order to recover the CPE immediately upon termination of this Agreement. For CPE owned by Company but under Customer’s control, Customer shall protect Company’s title and keep the CPE free from all claims, liens, encumbrances, and legal processes and Customer shall notify Company of any claims, liens, encumbrances or legal processes with respect to the CPE. The CPE is personal property and is not to be regarded as part of the real estate on which it may be situated. The CPE shall not be removed from any location without the written consent of Company. The use of the CPE by Customer shall conform with all applicable laws, insurance policies, and instructions and warranties of the manufacturer and supplier of the CPE. Company shall have the right to inspect the CPE at the premises where the CPE is located. Customer shall, at its, expense maintain each item of CPE in good condition, normal wear and tear excepted. Customer shall not make any addition, alteration, or attachment to the CPE without Company’s prior written consent. Customer shall make no repair, addition, alteration or attachment to the CPE which interferes with the normal operation of maintenance thereof, or might result in the creation of mechanic’s or material man’s lien. The Company shall not be responsible for the installation, operation, or maintenance of equipment (including without limitation, cabling) not provided by the Company as CPE (collectively, “non-Company equipment or software”). Customer also acknowledges and agrees that Company reserves all rights and property interest in the IP addresses that may be assigned to Customer under this Agreement. And, that so called "Static" IP addresses are subject to change, and reassignment from time to time at the sole discretion of the Company.
3. Customer agrees to
immediately pay the Company the retail replacement price of any and all lost, stolen, or damaged Company owned equipment.
And to
pay the Company the retail
replacement price for any and all equipment
not immediately returned to the Company upon termination of service in good
condition (normal wear & tear excepted).
4. To avoid service disconnection all reoccurring
service charges must be fully paid in advance of the service period covered.
Service reconnection is subject to a $50 reconnect fee.
5. Customer
understands that the Internet is not owned, operated, managed by or in any way
affiliated with the Company and that all content, services, information and
other materials that may be offered, made available, or are accessible on the
Internet are offered, made available, or are accessible solely by third parties
who are not affiliated with Company or its affiliates.
Use of the Internet by users is solely at the respective user’s own
risk and is subject to all applicable Laws.
Company does not warrant that the Data Services will be uninterrupted or
error-free, or that any information, software, or other material that may be
accessible via the Data Services, is free of viruses, disabling code, worms, or
any other harmful components. Customers are solely responsible for their own
security, screening, filtering, privacy, and to establish their own virus/worm
detection, firewalls, VPN’s, etc if so desired. Without limiting anything
contained herein, Customer further understands that the Internet contains
unedited materials, some of which may be sexually explicit or may be offensive
to some people and that Customer’s access to such materials are at
Customer’s own risk. Company has
no control over and accepts no responsibility of any kind for such materials.
6. In using the Data Services, Customer agrees that
it will comply with the Company’s then current “Acceptable Use & Network Abuse Policy” (a copy
of which is available upon request, and at www.accsat.com/WirelessNetworkAbuse.htm) that seeks to prohibit illegal, impolite,
and disruptive activities
7. CHANGE OF SERVICE AND CHARGES.
Customer acknowledges that services, data, content, specifications, programming and their
availability, taxes, fees and rates are subject to change without notice.
8. Service availability requires that you have, and that a radio "line of site" path is maintained from the antenna at your site to the Access Point antenna providing the service signal. Changes in vegetation densities or other obstructions may interfere with this signal path. Various Internet failures beyond our control, network conditions, RF path loss changes, moves and changes to Access Points, and various acts of God may temporarily or permanently discontinue service. It is the responsibility of the Customer to maintain any needed backup internet access (EG: dial-up), if a backup system is desired by Customer.
9. The company reserves the right to designate and change bandwidth allotments in real time, and cumulative allowable totals. Charges due per additional Gigabytes over allotments apply per each additional Gigabyte and/or fraction thereof.
10. Termination. Subscriber
may terminate services by giving 30 day written request to the Company.
11. Miscellaneous
A. Customer gives permission to Company to check Customer’s credit, and shall provide references upon request
B. This
Agreement does not establish a license for either party to use the other’s
names, logos, trademarks, service marks, brands or any other proprietary rights.
C. A
failure by the Company to insist upon strict compliance with any of the terms of
this Agreement in any instance shall not be construed as a waiver of such terms
in the future. If any provisions of
this Agreement shall be hold to be invalid, illegal or unenforceable, the
validity, legality, and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby, and the unenforceable portion shall be
construed as nearly as possible to reflect the original intentions of the
parties. This Agreement shall be
interpreted in accordance with the laws of the State of California, Butte
County, without reference to its principles of conflicts of law.
D. This
Agreement, including any Service Orders (and attachments hereto or thereto),
which shall be signed by the parties in the future, constitutes the entire
agreement between the parties with respect to the subject matter hereto and
supersedes any and all prior to contemporaneous agreements whether written or
oral. In the event that filed and
effective tariffs of Company or its affiliates shall apply to the Data Services
or any portion thereof, then such tariffs shall govern with respect to such Data
Services. In the event of a
conflict between this Agreement and any Service Orders, the terms of this
Agreement shall prevail. This
Agreement cannot be modified except in writing signed by both parties with any
handwritten modifications to be of no force and effect.
E. Currently the company does not supply email hosting. Customers are free to use any of the various email services (EG: Yahoo; Hotmail, etc, or those offered by ISP's) and access those servers thru the wireless service.
Acceptable Use
& Network Abuse Policy
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Call Now! Chico: 893-3474 | Yuba/Sutter: 673-4119 | Toll Free: 800-870-8876
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Butte, Glenn, Tehama, Yuba, Sutter Counties, California, Satellite Internet, Wireless Internet, DISH Network, HughesNet, WildBlue, DIRECTV, Residential Commercial