TERMS AND CONDITIONS
THIS NOTICE DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH A BETTER WIRELESS, NISP, LLC WILL PROVIDE ITS CUSTOMERS WITH WIRELESS HIGH SPEED (Wireless”, “High Speed “, “Wireless Internet”, “Service”,”HDTV”, “VoIP”, “STREAMING MEDIA” ).
BY USING A BETTER WIRELESS, NISP, LLC (“A Better Wireless”, “A Better Wireless, LLC”) INTERNET SERVICE OR EQUIPMENT, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS.
WIRELESS HIGH-SPEED INTERNET SERVICE CHARGES
The applicable charges for the High-Speed Internet Service are identified at the time Service is ordered. Unless otherwise prohibited by law or the rates for Service are guaranteed by these terms and conditions by A Better Wireless, NISP, LLC. A Better Wireless, NISP, LLC, may, in its sole discretion, change or modify the rates you are charged for Wireless High Speed Internet Service at any time. A disconect / reconnect fee of $40.00 will be applied to all late accounts that are disconected or placed on deliquent. We may notify you of any such changes by posting notice of such changes on the website or sending notice via e-mail or postal mail or on your bill. If you continue to use the Service after notice of such change you accept any such modification. If you do not agree to any modifications made by A Better Wireless, NISP, LLC you must stop using the Service and notify A Better Wireless, NISP, LLC.
FAIR USE POLICY
A Better Wireless is dedicated to bringing the fastest internet service at the lowest possible prices to rural Minnesota. To meet this goal, we need to monitor the usage of all of our customers to ensure a couple of individuals are not using the majority of the bandwidth available. With an increasing number of customers downloading movies and other large files, all of our customers can be affected by a small minority of heavy users. To ensure that all A Better Wireless users have equal access to the internet, A Better Wireless has implemented a Fair Use Policy. Each subscriber package now comes with upload and download speeds up to a certain limit and a monthly transfer limit. Each customer will be billed for any overage in data transfer in 5,120 MB (5 GB) increments.
A Better Wireless, NISP, LLC will bill monthly payments for all charges associated with Service. Charges associated with the Service are billed for the month in advance. Payment in full is due on later than the due date indicated on your bill. You are responsible for paying any taxes, surcharges, fees and assessments imposed from time to time in connection with these Services and honor the thirty (30) day cancellation policy. If you have authorized payment for services or equipment by credit card or debiting a bank account, no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us for any reason. We may accept late payments, partial payments or any payments marked as being paid “payment in full” or as being settlement of any dispute without losing any of our rights under this agreement. You agree to pay costs and fees we incur to collect any unpaid balance from you including attorney’s fees. A reasonable handling charge, not less than $30.00, will be assessed for all checks returned for insufficient funds, closed account or any other insufficiency or discrepancy. Interest at the rate of 1.5% per month (unless a lower rate is prescribed by law, in which event at the highest rate allowed by law) may be applied in accordance with A Better Wireless, NISP, LLC standard credit policy to any unpaid amount commencing 20 days after the statement date. This late payment fee will be in addition to and not in lieu of any other remedies we may have hereunder or under the law. If we do not receive written notice of a payment dispute within 60 days after your receipt of a bill, the bill will not be subject to further challenge.
EQUIPMENT AND SECURITY
All equipment provided by us or installed by or on our behalf remains the property of A Better Wireless, NISP, LLC. You must return all equipment in the same condition as when provided, normal wear and use accepted, upon termination of Service. Failure to do so will result in a charge to be determined with reference to A Better Wireless’s then current schedule of equipment charge. You agree to pay such charge whether such equipment is lost (through theft or otherwise) or destroyed. You are responsible for the security of your computer, hardware, software applications, data and files. A Better Wireless, NISP, LLC shall have no liability for any damage or loss to your computer, hardware, software applications, data and files. We make no representation or warranty that any software or content installed on your computer(s) or downloaded with the Service does not contain a virus or other harmful feature and it is your sole responsibility to take appropriate precautions to protect any computer or other hardware of yours from damage to its software, files or data as a result of any such virus or other harmful feature. For personal virus protection you may visit www.mcafee.com.
LIMITATION OF LIABILITY
We will not be liable for interruptions in Services caused by failure of your hardware or software, failure of communications services, power outages, or other interruptions not within the complete control of A Better Wireless, NISP, LLC including, but not limited to: acts of God; acts of the public enemy; acts of the United States, a state or other political subdivision; fire, floods or other natural disasters; accidents; wars; labor disputes or shortages; and inability to obtain material, power, equipment or transportation.
OUR LIABILITY REGARDING YOUR USE OF SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR FOR SERVICES DURING THE AFFECTED PERIOD. THIS MEANS WE ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEY’S FEES.
We provide actual bandwidth availability not up to utilizing burst speed averaging. This means each user account has the full availability of the identified bandwidth. The only limitations to this bandwidth would be the users equipment or the server you are connecting to.
INDEMNIFICATION OF A BETTER WIRELESS, LLC
You agree that A Better Wireless, NISP, LLC will not be liable or responsible for any third-party claims or damages that arise from your use or another person’s use of the Services or Internet access, further, you agree to reimburse us for all costs and expenses related to the defense of any such claims, including attorney’s fees. This provision will continue to apply after the Agreement ends.
We may discontinue or terminate Service: (1) if you do not honor any provision of this Agreement (including payment obligations to A Better Wireless, NISP, LLC for these or any other services); (2) if you use the Service in a manner that adversely affects service to other customers or harasses our customers or employees; (3) if you or others use the Service to engage in fraud or unlawful conduct or are suspected of doing so; or (4) any regulatory agency, legislative body or court restricts or otherwise prevents A Better Wireless, NISP, LLC from furnishing Service.
INTERNET ACCEPTABLE USE POLICY
You agree not to use or to allow others to use the Service, for illegal or inappropriate activities, including but not limited to invading another person’s privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content which is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable. Service may not be resold nor shared without expressed written consent from A Better Wireless, NISP, LLC. You agree to comply with the above stated policy.
No waiver of any breach of this Agreement will be deemed a waiver of any future breach.
If any part of the Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.
This agreement will be governed by the laws of the State where the Service is provided, without regard to its choice of law rules.
NO THIRD PARTY RIGHTS
This agreement shall not provide any third party with a remedy, claim or right of reimbursement.
We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent.
OUR RIGHT TO MAKE CHANGES
UNLESS OTHERWISE PROHIBITED BY LAW, WE MAY CHANGE PRICES, TERMS AND CONDITIONS AT ANY TIME BY GIVING YOU 30 DAYS NOTICE BY BILL MESSAGE, E-MAIL OR OTHER NOTICE, INCLUDING POSTING NOTICE OF SUCH CHANGES ON THIS WEBSITE, UNLESS THE PRICES, TERMS AND CONDITIONS ARE GUARANTEED BY CONTRACT. YOU ACCEPT THE CHANGES IF YOU USE THE SERVICES AFTER NOTICE IS PROVIDED.
These terms and conditions together with the service order and any specific agreement regarding a term commitment and price agreed upon by you and A Better Wireless are the entire agreement between you and A Better Wireless, which may only be amended as described above. These terms and conditions supersede any inconsistent or additional promises made to you by any of our employees or agents.