Wireless Data Net, LLC SERVICES AGREEMENT
THIS SUBSCRIBER AGREEMENT (THE "AGREEMENT") STATES THE TERMS AND CONDITIONS UNDER WHICH YOU ("YOU" OR "CUSTOMER") MAY USE THE WIRELESS DATA NET SERVICE (THE "SERVICE" ). BY SIGNING THE AGREEMENT, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, NOTICES, AND ACKNOWLEDGMENTS CONTAINED IN THIS AGREEMENT. READ THIS AGREEMENT CAREFULLY AND COMPLETELY AS IT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF THE SERVICE.
Open Internet Principles of Wireless Data Net, LLC
The Federal Communications Commission issued rules to preserve the Internet as an open platform. These rules went into effect on November 20, 2011 and can be found at this link: http://www.gpo.gov/fdsys/pkg/FR-2011-09-23/html/2011-24259.htm. All Internet service providers are required to post information regarding various issues so that consumers, both residential and business, can make informed choices about choosing an Internet service provider. This document contains information regarding our services and in compliance with the FCC’s rules. The policies contained herein serve as a supplement to the existing terms of service.
The FCC’s rules focus on three primary issues:
ISPs must disclose their network practices, specifically in the four general areas listed below. ISPs may not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. An ISP may not block consumers from accessing lawful Web sites, subject to reasonable network management; nor shall the ISP block applications that compete with the provider’s voice or video telephony services, subject to reasonable network management. ISPs may not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, although, reasonable network management shall not constitute unreasonable discrimination. The FCC’s rules state that a network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.
Congestion Management: We employ a multi-tiered approach to congestion management on our network. First we have our service plans maximum speed throughput limits. In the event that we are not congested at our head end, Customers can receive the full amount of their plan up to the maximum speed we allow for said plan. Next, we isolate particular “types” of traffic based off of port number, and or per connection data totals. This includes web based port 80 traffic, dns port based traffic, ICMP based traffic, email port based traffic, particular types of traffic with high priority application flags that are integrated in to that traffic by the application. IP connections that are 10Mbytes total up to 100MB; IP connections that are 100Mbytes totaled or more; and finally management ports and network monitoring ports. We monitor and prioritize traffic based off of these conditions and/or ports. The purpose of these practices is to ensure our customers can receive email, standard web based traffic, and so that we can monitor our network devices without long term downloading type traffic affecting other users or our monitoring of the network. The criteria used for prioritizing these types of traffic is based off of how much congestion is at our head end Internet feed. Once we reach a 50% congestion of our head end, these different types of traffic become prioritized 10+MB and 100MB+ traffic being the lowest prioritization. Allowing more common traffic to go ahead of other lower priority traffic. At 75% congestion our systems start to throttle or queue traffic to slow down low priority traffic. At 100% congestion, a combination of throttling, and packet drops of low priority packets is employed.
Application-Specific Behavior: We do not purposely “block” or rate control protocols or protocol ports specifically with a “limit”. Other then mentioned above, with our prioritization scheme. We feel this is the best way to be application agnostic. And base all of our priorities off of our network congestion percentages. The system inherently favors short term data usage such as web page loading, or IP connections that are less then 10MB in size. But does inhibit long term downloading at “full” plan speeds while our network is congested.We utilize NAT routers at every customer home, which may not allow specific applications to work properly. This can be resolved with other network management settings, devices, and our higher service plans that allow hosting at the customers location.
Device Attachment Rules: All devices attached to our network are owned, and maintained by Wireless Data Net, LLC. No other devices are allowed to access our network and pass data.
Security: Security measures are at the customers’ discretion, or their web browsers SSL features. Although measures are taken to ensure the security of the network, Wireless Data Net, LLC does not assume nor suggest that our network is fully secure, or that the Internet is a secure location
ISPs must disclose the following network performance characteristics: Service Description: We provide wireless Internet access by unlicensed, and light licensed wireless spectrum to our end users. Our service plans are on an “as is- as available” basis with out guarantee. Generally our services allow 50-75% of plan speeds on a regular basis, with sub 100ms latency to any where on the WWW. We are suitable for VoIP and real-time application. Impact of Specialized Services: Wireless Data Net, LLC does not currently provide any specialized services such as VoIP or IPTV.
ISPs must disclose the commercial terms of its broadband Internet access service including those listed below
Pricing: Please see http://wirelessdatanet.net for available pricing options.
Privacy Policies: Please see http://wirelessdatanet.net/privacy.html for the company’s privacy policies.
Redress Options: Wireless Data Net, LLC attempts to solve customer complaints efficiently and fairly. As per our terms of service, any customer that does not like our services is free to leave at any time without penalty.
If a customer believes that these open Internet rules are not being met, the customer may file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints via its website at the following address: http://esupport.fcc.gov/complaints.htm. Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.
Acceptance of Agreement. Wireless Data Net, LLC ("WDN") provides its Service to Customer conditioned upon Customer’s acceptance, in its entirety, of the terms and conditions contained in this Agreement. WDN may, in its sole discretion, modify, add, or remove portions of this Agreement, and the Service provided hereunder, at anytime. WDN will notify Customer of any such changes by posting the modified Agreement on the WDN Web site: www.wirelessdatanet.net (the “WDN Site”), or sending notice via email, postal mail, or other means to Customer. Customer's continued use of the Service following notice of such change shall be deemed to be Customer's acceptance of any such modification. If Customer does not agree to any such modification, Customer must immediately stop using the Service and notify WDN that Customer is terminating this Agreement in accordance with the notice provisions contained herein. Scope of this Agreement. The Service may be upgraded from time to time and Customer acknowledges that WDN may install such upgrades at any time. Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to the terms, conditions, and notices contained in this Agreement. Service. Subject to the terms and conditions of this Agreement, WDN agrees to provide the Service in accordance with the selected service plan as set forth in the Service Request application.
I. Equipment, Service, and Installation
(a) Required Equipment. Customer understands and agrees that the Service requires certain equipment required to be provided by the Customer (the "Customer Equipment") such as a personal computer with an Ethernet jack and an appropriate operating system and a Category-5 cable (to connect Customer’s computer to wall jack) as well as certain equipment that will be provided by WDN or its designee such as an antenna, Category-5 cable (to connect antenna to wall jack), and wall jack (the "WDN Equipment"). Customer represents that it owns the Customer Equipment or otherwise has the right to use the same in connection with the Service. It is the responsibility of the Customer to provide and maintain all equipment that is not provided by WDN (see Fees: (k)); including Customer Ethernet cabling, and any other networking equipment. It is Customer’s responsibility to make sure that all Customer Equipment is working properly and to troubleshoot and resolve problems with such equipment if it is not functioning properly. The Customer is provided with WDN Equipment as part of their monthly subscription fees. It is the responsibility of WDN to make sure that WDN Equipment is working properly. b) Non-Recommended Configuration. Customer acknowledges and agrees that WDN has given Customer access to the minimum computer hardware requirements for efficiently operating the Service, available on the WDN Web site at www.wirelessdatanet.net . If Customer does not comply with the minimum computer hardware requirements, Customer agrees that (i) Customer will not be entitled to Customer support relating to any issues other than the quality of the signal delivered to Customer's antenna and wall jack, and (ii) the following limitations of liability shall apply: WDN DOES NOT ASSUME ANY LIABILITY WHATSOEVER FOR ANY DAMAGE OR FAILURE TO CUSTOMER EQUIPMENT OR CUSTOMER'S INABILITY TO ACCESS OR USE THE SERVICE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in the remainder of this Agreement. (c) Access to Customer's Premises. Customer authorizes WDN and its employees, agents, contractors, and representatives to enter Customer's premises (the "Premises") in order to install, maintain, inspect, repair, and if necessary remove the WDN Equipment. All such services will be conducted at a time agreed to with Customer, or in the case or removal no notice required. If Customer is not the owner of the Premises, upon request, Customer will supply WDN with the owner's name and address, evidence that Customer is authorized to grant access to the Premises on the owner's behalf, and (if needed) written consent from the owner of the Premises to install the necessary WDN Equipment. WDN assumes no responsibility for any damage, personal or property, to the Premises or the Customer Equipment as a result of the installation or removal of the WDN Equipment. In the event Customer elects to remove or move any WDN Equipment, Customer assumes all responsibility for any damage, personal or property, caused by such action. (d) Relocating Equipment. Customer will not relocate the WDN Equipment as this may affect Customer’s ability to receive Service. If Customer decides to move locations, Customer will contact WDN for additional information concerning the procedures for transferring the WDN Equipment and Service to Customer's new location. Customer Acknowledges that Customer will be billed for the removal and reinstallation of the WDN Equipment at WDN's then current hourly rates plus materials. In all cases, Customer shall notify WDN as provided herein. (e) Replacement or Repair of WDN Equipment. Customer shall be solely responsible for the cost of replacement or repair of any lost, stolen, damaged, sold, transferred, leased, encumbered, assigned, or weather damaged WDN Equipment or part thereof, together with any incidental costs incurred by WDN relating to the replacement, repair, or installation of the WDN Equipment. (f) Back-up Requirements. The installation, use, inspection, maintenance, repair, and removal of the WDN Equipment may result in service outage or potential damage to Customer's computer and other Customer Equipment. If Customer does not back up all existing computer files by copying them to another storage medium prior to such activities, Customer understands and accepts the associated risks of such a decision. IN ANY EVENT, EXCEPT AS OTHERWISE SET FORTH HEREIN, WDN SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF THE CUSTOMER'S COMPUTER, PERIPHERALS, SOFTWARE, OR DATA. (g) Customer Equipment Liability. WDN has no liability whatsoever for any damage, loss, or destruction of Customer Equipment, including loss or destruction of any software, files, or data. This includes harm resultant from any computer upgrades Customer must perform for service eligibility, including the installation of an Ethernet Network Interface Card. (h) Installation. WDN or its agents will install the WDN Equipment. The Customer will be billed at the time of installation, at the current rate minus any promotional package fees.
(a) Fees for reoccurring services are payable monthly, quarterly, or semi-annually in advance depending on your service plan and are billed to you. With payment by cash, check, or credit card, as applicable. Some business network plans may allow for the invoicing of services. WDN billing cycles are based on customer activation date unless otherwise noted. Fees paid are nonrefundable. (b) You acknowledge and agree that charges will be billed to you each month for the Service's basic service(s). You remain personally liable for all usage fees if your check is declined for NSF by your bank, and agree to promptly pay WDN any fees it is unable to collect from your bank. You agree to reimburse WDN for its reasonable cost of collection and attorney's fees should WDN need to pursue collection of your unpaid account. (c) Current prices for WDN’s Services are posted on our Rate Chart at www.wirelessdatanet.net. We reserve the right to change prices and institute new fees at any time upon ten (10) days prior notice, which may be given by updating our online service rates. (d) If your account is delinquent, it may be suspended or canceled at our sole discretion. If you suspend your account, regular charges continue to accrue until you cancel your account. We may charge $25 to reinstate a suspended account. (e) Interest charges of 2% per month will accrue daily on any unpaid balance that is more than 30 days old. (f) Any check that is returned to us unpaid will cost you $29.00, no exceptions. (g) Checks will be processed twice (2) if a NSF condition occurs, if check is returned twice, you will be charged $29.00 per occurrence. After second attempt to process check fails, we will turn the matter over to the State's Attorney's office for further review. (h) If you have questions about any charges to your account, you must contact Customer Service at Support@wirelessdatanet.net. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old. (i) Overage charges may be paid at any time prior to an overage event. Otherwise, monthly bandwidth overages are paid at time of needed usage. (j) Auto pay procedures. Our auto pay system assumes you want to pay your bill on time. Therefore, it attempts to claim your account balance daily at 1AM on your due date. It will attempt to do so every day, until your current balance is paid in full. We assume no responsibility for NSF fees if you use EFT with a checking account. (k) SERVICE CALL FEES: WDN charges $60/Hr for any work done not part of WDN equipment.
3. Prohibited Uses of the Service
Customer shall not use the WDN Equipment or the Service to, directly or indirectly: (a) participate in any unlawful purposes. Use of the WDN Equipment or Service for transmission or storage of any information, data, or material in violation of any U.S. federal, state, or local regulation or law is prohibited. This includes, but is not limited to, posting or disseminating content which is obscene, unlawful, threatening, defamatory, or which infringes the intellectual property of any person; (b) post, transmit, or disseminate objectionable information, including, without limitations, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, federal, or international law, order, or regulation; (c) access any other person's computer or software without the knowledge and consent of such person; (d) upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software, or other material obtained through the Service which is protected by copyright or other proprietary right, without obtaining permission of the owner; (e) alter, modify, or tamper with the WDN Service or permit any other person to do the same that is not authorized by WDN; (f) restrict, inhibit, or otherwise interfere with the ability of any other person to use the WDN Equipment or the Service, including, without limitation, posting or transmitting any information or software which contains a virus or other harmful feature; or generating levels of traffic sufficient to impede others' ability to send or retrieve information; (g) inhibit or have the potential to inhibit the ability of any other person to use the Service by serving or attempting to serve faulty IP addresses to other WDN customers. WDN may deny service to Customer until the problem is resolved; (h) knowingly disrupt the Service; (i) resell the Service or otherwise charge others to use the Service. The Service is for personal use only and Customer agrees not to use the Service for operation as an Internet Service Provider or for any other business enterprise in competition with the Service; (j) connect the antenna to any computer outside of the Customer's Premises. (k) host a server or application (including HTTP, Web site, FTP, domain, mail, peer-to-peer file sharing, VPN hub, ASP, or any other application or server deemed comparable by WDN) on or through the Service if on a Basic, or Standard account. SOHO and Pro accounts may host applications with prior notification to WDN; (l) attempt to login, access, or attack any of WDNs equipment or network (m) assist (release proprietary software and information) unauthorized users to gain access to WDN network; or (n) open, tamper with or attempt to repair WDN Equipment WDN reserves the right to restrict or block certain activities or immediately terminate this Agreement and the Service (i) if Customer engages in any of the activities listed above, (ii) if WDN receives an appropriate notice or request under the Digital Millennium Copyright Act, (iii) if necessary to comply with any law, regulation, rule or judicial or regulatory order, or (iv) if Customer uses the WDN Equipment or Services in a way which is contrary to any other WDN policy. Copies of such policies are available on the Wireless Data Net Web site. This Section shall not in any way limit WDN's rights of termination pursuant to this Agreement. Customer assumes the risk and agrees to indemnify and hold harmless WDN against all claims and expenses (including reasonable attorney fees) resulting from Customer engaging in any of the activities listed above. This provision will survive termination of this Agreement.
4. Service Plans and descriptions
(a)Service plans and descriptions are available on the WDN website. Plan speeds, Bandwidth limitations, e-mail accounts, and descriptions are subject to change at any time. Customer acknowledges that it is your responsibility to check from time to time the current rates and descriptions. WDN reserves the right to change account descriptions at any time. (b)NAT routing, Some services require a static and public IP address to work properly. Our standard services, utilizing only WDN equipment will not allow some programs to work properly. The addition of a business or personal router with proper set-up from WDN will allow these programs to work. Customer releases WDN from any liability what so ever in the event that a particular program does not work properly on our service and equipment. (c)LAN networking protocols such as Appletalk, Microsoft Windows Networking, and Novell Netware are prohibited from working on WDN's network beyond the service connection on your premise.
5. Monitoring the Service
6. No Warranties
(a) Except for certain products and services specifically identified as being offered by WDN, WDN does not control any materials, information, products, or services on the Internet. (b) You assume full responsibility and risk for use of the Service and the Internet, The Service is provided on an "AS IS" and "AS AVAILABLE" basis. WDN does not warrant that the Services will be uninterrupted or error-free or that any information, software, or other material accessible via the Service is free of viruses, or other harmful components. WDN MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH WDN OR ON THE INTERNET GENERALLY. No advice or information given by WDN or its representatives shall create a warranty. WDN and its employees are not liable for any costs or damages arising directly or indirectly from your use of the Service of the Internet including any indirect, incidental, exemplary, multiple, special, punitive or consequential damages. In any event, WDN's cumulative liability to any subscriber for any and all claims relating to the use of the Service shall not exceed the total amount of service fees paid during a one month period. (c) The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you or others accessing the Service through your account. WDN has no control over and accepts no responsibility for such materials. All content accessed by you through the Service is accessed and used by you at your own risk, and WDN and its affiliates, subcontractors, employees and agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content by you. WDN specifically disclaims any responsibility for the accuracy, quality and confidentiality of information obtained through the Service. You are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the Service or on the Internet. (d) Other Service subscribers may be able to access and/or monitor your use of the Service. This risk of eavesdropping exists on the Internet and other services to which access is provided by WDN as part of the Service. Any sensitive or confidential information (such as credit card numbers or other financial information, medical information or trade secrets) sent by you or to you is sent at your sole risk, and WDN and it's affiliates, subcontractors, employees or agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions. (e) You should be aware that when using the Service to access the Internet or any other online service, there are certain applications, such as FTP, HTTP, proxy, or gateway server applications, which may be used to allow other Service users and Internet users to gain access to your computer. WDN and its affiliates, subcontractors, employees or agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to the use of such applications by you, including, without limitation, damages resulting from others accessing your computer.
7. Your Remedies
(a) If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate your account with WDN and this Agreement and discontinue using the Service. (b) Our cumulative liability to you for any and all claims relating to the Service shall not exceed the total amount of the Service fees you have paid to us within the prior month. UNDER NO CIRCUMSTANCES ARE WE OR OUR EMPLOYEES, AFFILIATES, OR CONTRACTORS LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF YOUR ACCOUNT OR THE SERVICE. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach, or if any limited warranty or limited remedy fails of its essential purpose.
General Acknowledgments. Customer acknowledges that WDN may establish general practices and limits concerning use of the Service, including without limitation (i) the maximum number of days that email messages, message board postings, or other uploaded Content will be retained by the Service, (ii) the maximum number of email messages that may be sent from or received by an account on the Service, (iii) the maximum size of any email message that may be sent from or received by an account on the Service, (iv) the maximum disk space that will be allotted on WDN's servers on Customer's behalf, and (v) the maximum number of times (and the maximum duration for which) Customer may access the Service in a given period of time. Customer agrees that WDN has no responsibility or liability for the failure of the Service and the deletion of other Content maintained or transmitted by the Service. WDN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Customer agrees that WDN shall not be liable to Customer or to any third party for any modification, suspension, or discontinuance of the Service. Customer further acknowledges that WDN reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Indemnification. Customer agrees to indemnify and hold WDN, its directors, officers, employees, agents, attorneys, co-branders or other partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Content Customer submits, posts to or otherwise transmits through the Service, Customer's use of the Service and the WDN Equipment, Customer's connection to the Service, Customer's violation of this Agreement, or Customer's infringement of any intellectual property or other right of any other person or entity.
Enforcement. Because user authentication on the Internet is difficult, WDN cannot and does not confirm that each user is who they claim to be. Because WDN does not and cannot be involved in user to- user dealings or control the behavior of participants on the Service, in the event that Customer has a dispute with one or more users, WDN has no ability to prevent or restrict conduct, communications, or Content which might violate this Agreement prior to its transmission on or through the Service, nor can WDN ensure prompt removal of any such communications or Content after transmission or posting. Accordingly, WDN does not assume responsibility to Customer or others for any failure by WDN to enforce the provisions contained in this Agreement.
Assignment. Customer shall have no right to assign or transfer this Agreement or the associated Customer Equipment without the express prior written consent of WDN.
Governing Law. This Agreement and the relationship between Customer and WDN shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions.
International Use. Recognizing the global nature of the Internet, Customer agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which Customer resides.
Time Limitation. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.
Headings. The section headings and sub-headings contained in this Agreement are for convenience only and have no legal or contractual effect.
(b) No Relationship. Nothing in this Agreement will create any joint venture, joint employer, franchisee-franchiser, employer-employee, or principal-agent relationship with WDN, nor impose upon either company any obligations for any losses, debts, or other obligations incurred by the other except as expressly set forth herein. (c) Customer's Account, Password, and Security. Customers receive an e-mail user name, password, and account designation upon registration. WDN Customers and members of WDN Customers’ household or business (if a business account has been purchased) are the only authorized users of Customer’s WDN account and must comply with this Agreement. Customer must keep his/her password confidential so that no one else may access the Service through the account. Customer must notify WDN within 24 hours of discovering any unauthorized use of Customer’s account. Email accounts exceeding 10MB in size may block new incoming messages. User names, passwords, and email addresses are WDN's property and WDN may alter or replace them at any time. (d) General. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. WDN's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of this Agreement
This document is binding, and by signing up, or being a Wireless Data Net, LLC customer your are in agreement of this document. Wireless Data Net, LLC may change this policy from time to time. Current versions will be posted on this page.
Copyright© Wireless Data Net, LLC. All rights reserved.