Internet Terms of Service
PTERA INC. INTERNET SERVICES AGREEMENT: This agreement (hereinafter the “Agreement”) has been made and entered into this agreement by and between “Ptera, Inc.” hereinafter “ISP” and the “Customer”.
1. SERVICES: A. Basic Internet Access. ISP’s basic internet access is provided by wireless point to multipoint service over ISP owned equipment at the Customer’s point of service, and ISP owned equipment at ISP’s point of presence (POP). Availability and quality of this service depends upon, among other things, whether Customer has a direct line of site to ISP’s POP, the distance to the POP, and the presence or absence of any interfering radio signals. B. Business Internet Access. ISP’s business service is provided in the same manner as, but at higher speeds than Basic Internet Access. Basic Internet Access customers may be able to upgrade to this service for an additional fee.
2. TERM, ACCESS. All contracts are for one (1) year from date of installation unless otherwise specified. Service will continue month to month after the initial contract period at the then current rate until canceled by either party. Early termination fee is $300 or the remainder due under this Agreement, whichever is less. Customer agrees to provide access to ISP at ISP’s request for the inspection, maintenance and/or removal of ISP owned equipment during the term of this agreement and for removal of equipment up to 120 days after termination.
3. SATISFACTION GUARANTEE, WARRANTIES, EXCLUSIONS. If Customer is dissatisfied with the service, customer may cancel this agreement within thirty (30) days of the installation of services for any reason without penalty. Any unused portion of the fee for services will be refunded. No refund will be made for installation costs, if any. In the event of interruption of service due to the failure of ISP’s equipment, ISP agrees to work diligently to repair or replace the faulty equipment. EXCEPT FOR THE PRECEDING, ISP MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER, REGARDING THE SERVICES TO BE PROVIDED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. PAYMENT FOR SERVICES. Customer shall pay monthly, in advance, for services provided by ISP, plus any applicable taxes and fees. Invoices are due upon receipt. Accounts not paid within fifteen (15) days of the billing date shall, at ISP’s sole discretion, be assessed a late fee. See ptera.com for fees currently in effect. IN THE EVENT THAT THE CUSTOMER IS MORE THAN ONE (1) DAY LATE IN PAYING FOR THE SERVICES TO BE PROVIDED HEREUNDER, ISP MAY, AT ITS SOLE DISCRETION, SUSPEND OR TERMINATE THE SERVICES. IF SUSPENDED, CUSTOMER SHALL STILL BE RESPONSIBLE FOR PAYING THE AGREED CHARGES THROUGH THE END OF THE CONTRACT PERIOD AND/OR AN ACTIVATION FEE.
5. CUSTOMER OWNED EQUIPMENT. (COE). Unless included in an additional agreement between ISP and Customer, ISP shall not be responsible for the operation, maintenance, or repair of Customer Owned Equipment (COE). In the event that COE is found to be causing interference, degradation, or damage to ISP’s service, Customer agrees to immediately shut off the equipment and not turn it back on until it is repaired.
6. ACCEPTABLE USE. Customer agrees to use the services only in compliance with ISP’s Acceptable Use Policy currently in effect for the type of Service he receives. Customer acknowledges the receipt of a copy of ISP’s current applicable policy, and understands that it may be changed without notice at the sole discretion of ISP. Customer further agrees that his use of the service shall be in conformance with all applicable laws and regulations, including without limitation, U.S. and other copyright law. Customer agrees to indemnify and hold ISP harmless for any and all liability, if any, caused by acts in violation of this agreement. Ptera, Inc. reserves the right to terminate the service or limit customer bandwidth for but not limited to: file sharing, abuse spam and/or violations of ISP’s Terms of Service.
7. LIMITATION OF LIABILITY. In the event that the Customer shall be unable to access the services, which are the subject of this Agreement, for more than twenty-four (24) hours, and the fault is found to lie with ISP, the ISP shall, at Customer’s request, rebate to Customer as a credit on the next bill, a pro rata amount calculated by multiplying the percentage of hours that the Customer was without service in that month by the Customer’s regular charge for Service. IN NO EVENT SHALL ISP BE LIABLE FOR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL, FOR ANY SERVICES TO BE PROVIDED HEREUNDER, OR THE FAILURE TO PROVIDE SAID SERVICES. In the event that ISP is nevertheless found to be liable to Customer, then ISP’s liability shall be limited to an amount not exceeding the amount actually paid to ISP by Customer in the six (6) month period immediately preceding the incident for which liability is determined to exist.
8. TERMINATION. After the initial term, this Agreement may be terminated at the option of either party upon thirty (30) days notice to the other. ISP may terminate this agreement as stated in Section 6, above, including without limitation, Customer’s failure to pay for the Service. ISP may otherwise terminate this agreement at its discretion in the event that it no longer offers services in the Customer’s area.
9. NOTICES. All notices or other communications pertaining to this agreement shall be in writing and shall be deemed given three (3) business days following the date mailed by certified or registered mail, return receipt requested, postage prepaid and addressed as follows: To ISP: Ptera, Inc., P.O. Box 135 Liberty Lake, WA 99019 509-927-7837. To Customer: at the address shown in this Agreement. Either party may change its address for notices by written notice to the other party given pursuant to this section.
10. ASSIGNMENT. ISP may assign its rights, duties, and obligations hereunder without Customer’s consent. Customer may not assign its rights, duties, and obligations hereunder without ISP’s prior written consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of and be enforceable against the parties hereto, and their respective heirs, successors and assigns.
11. THIRD PARTIES. Nothing in this Agreement, whether expressed or implied, is intended to (i) confer any rights or remedies on any person other than ISP, Customer, and their respective successors in interest as allowed, (ii) relieve or discharge the obligations or liabilities of any such third party, or (iii) give any such third party any right to subrogation or action against either ISP or Customer.
12. ENTIRE AGREEMENT, AMENDMENT. This Agreement sets forth the entire understanding and agreement between the parties concerning the subject matter hereof, and there are no terms, conditions, warranties or representations other than those contained, referenced to, or provided herein. Neither this Agreement nor any term or provision hereof may be waived, altered or amended in any manner except by an instrument in writing signed by the party against whom the enforcement of any such change is sought.
13. GOVERNING LAW. By agreement of the parties, this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Washington, for contracts made and to be performed within that state, and venue for any action hereunder shall be proper if laid in Spokane County, Washington.
14. SEVERABILITY. If any term of this Agreement is illegal or unenforceable at law or in equity, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any illegal or unenforceable term shall be deemed to be void, and of no force or effect only to the minimum extent necessary to bring such term within the provisions of applicable law and such term, as so modified, and the balance of this Agreement shall then be fully enforceable.
15. WAIVER OF JURY TRIAL. Each party irrevocably waives trial by jury and the right thereto in any and all litigation in any court, arising out of or in any way connected with this Agreement. 16. NOTICE TO CUSTOMER: By using any Ptera, Inc. Service, you are acknowledging that you have read, understood, and agreed to be bound by the terms above. If you are married, and this Agreement is for residential or home office use, you agree that you are signing this for the benefit of your marital community as well as for yourself.
USER RESPONSIBILITIES: You agree to provide Ptera, Inc. with accurate and complete registration information, and agree to keep that information updated at all times. Failure to do so constitutes a breach of this TOU. You will receive or have received an account name and a password. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone except persons in your household that you have authorized to use your account, and you have assumed all resulting liability from use of the Service for such authorized person(s). You are entirely liable for all activities conducted through your account on the Service. You agree to immediately notify Ptera, Inc. of any unauthorized use of your account or any other breach of security of which you know or suspect.
CONTENT: Ptera, Inc. provides a filtered and an unfiltered connection to the Internet. With respect to the filtered service, Ptera, Inc. specifically makes no representations or warranties with respect to the efficacy of the filtering, and, in fact, states that given the current state of the art, it believes that it is not possible to totally filter all objectionable material from viewing or downloading from the Internet. Further, because different persons find different matter objectionable, Ptera, Inc. makes no representation or warranty that any material so filtered would not be acceptable to some persons, and that any material allowed to pass through the filtering will not be objectionable to some persons. With respect to the unfiltered service, Ptera, Inc. does not routinely review data, documents, materials, or information before it is transmitted through the Service. Ptera, Inc. will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, patent, trade secret, defamation, privacy, obscenity, or otherwise. You are solely responsible for all content including, but not limited to, photographs, illustrations, icons, articles, text, audio clips, and video clips (collectively, “Content”) that you post, email or otherwise transmit via this Service. Ptera, Inc. does not control Content accessed, viewed, posted, emailed or otherwise transmitted or received via the Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Internet, you may be exposed to Content that is offensive, indecent or a violation of individuals’ or proprietary rights. You are solely responsible for using reasonable efforts to screen unwanted material. Under no circumstances will Ptera, Inc. be liable for any Content accessed, viewed, posted, emailed or otherwise transmitted or received via the Service, regardless of where it originated. This applies equally to Ptera, Inc’s. filtered and unfiltered services. At its sole discretion, Ptera, Inc. may take any action it deems necessary to minimize liability for Ptera, Inc., its affiliates, or its partners, including (but not limited to) removing any Content and/or immediately terminating the Service to a user whose conduct fails to conform with the letter or spirit of these terms and conditions.
PROHIBITED USES: As a user of Ptera, Inc. Services, you agree to use this Service only for lawful purposes. Use of this Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the Service to:
- Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;
- Harass others by “mail-bombing” or “news-bombing”;
- Post materials to any newsgroup, mailing list, or similar forum that is off topic according to the charter or other public statements of the forum;
- Forge any message header, in part or whole, of any electronic transmission, originating or passing through Ptera, Inc. Services;
- Threaten, harass, defame, embarrass, or distress any other person or group;
- Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner’s consent;
- Use “auto-responders”, “cancel-bots”, or other similar mechanisms which generate excessive network traffic, or disrupt newsgroups or e-mail;
- Transmit via the Service any unlawful, harmful, defamatory, pornographic, obscene, vulgar or otherwise objectionable material;
- Post or send any bulk unsolicited advertising;
- Host any site or service that creates excessive traffic to the detriment of other users of the service;
- Post or send any chain letters or pyramid schemes;
- Post or send any fraudulent or misleading offers of products, items, or services;
- Relay unsolicited advertising using Ptera, Inc. servers.
- Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, or offer use of the Service or access to the Service.
SYSTEM AND NETWORK SECURITY: Violations of system or network security of the Service are prohibited, and may subject you to criminal and/or civil liability. Ptera, Inc. will investigate potential security violations, and may notify applicable law enforcement agencies if violations are suspected. You may not attempt to circumvent the authentication procedures or security of any host, network, network component, or account to access data, accounts, or systems that you are not expressly permitted to access. You may not interfere or attempt to interfere with Service to any other user, host, system, or network on the Internet unless expressly permitted to do so.
VIOLATION OF TOU: In the event of any actual or potential violation of the letter or intent of the terms or conditions of this TOU, Ptera, Inc. reserves the right to suspend or terminate, either temporarily or permanently, any or all Services provided by Ptera, Inc., to block any prohibited activity, or to take any other actions as deemed appropriate by Ptera, Inc. in its sole discretion. Users who violate this TOU may additionally incur criminal and/or civil liability. Ptera, Inc. may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection to its investigations of any suspected civil or criminal violations, or any other wrongdoing.
INDEMNITY: You agree to indemnify and hold Ptera, Inc. and its subsidiaries, affiliates, partners, telecommunications providers, Service providers, officers, employees and agents harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of the use of your account on the Service, any Content you post, email, transmit, or relay to or through the Service, your violation of the TOU, or your violation of any third party rights. GENERAL: The TOU constitutes part of your contractual agreement with Ptera, Inc. You and Ptera, Inc. agree that any cause of action arising out of or related to this TOU or the contract must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.