Wireless
Internet
French
Service Agreement
(877)
849-2875
By establishing an account or using the Services of
NetsurfUSA, Inc. you agree to be bound by this Agreement and to use the Services in compliance with this Agreement,
our Acceptable Use Policy and other policies.
The following terms and
conditions shall apply to all customers subscribing to NetsurfUSA Internet
Service. This Agreement is part of and shall be incorporated into the
Acceptable Use Policy. In utilizing the Internet
Service, Customer agrees to adhere to the terms and conditions of the
Acceptable Use Policy and this Agreement as NetsurfUSA may modify it
from time to time. In the event of an inconsistency or conflict between the
Acceptable Use Policy and this Agreement, the provisions of this Agreement
shall govern.
Payment
Policies and Terms: Subscriber shall
be billed monthly for service one month in advance. Payment by Subscriber shall
be due to NetsurfUSA within fifteen (15) days from the date of the invoice. A Twenty
Dollar ($20.00) late payment fee shall be assessed on any account not paid
within fifteen (15) days from the date of
invoice. Accounts remaining unpaid for thirty (30) or more days shall be
deemed delinquent. Any delinquent account(s) shall accrue interest at 21.5%
APR on all outstanding principal amounts until paid and shall be placed on
“accounting hold” and services to the Subscriber shall be suspended until the
account is paid in full. For any subscriber account that has been placed on
suspended service there shall be due a Fifty Dollar ($50.00) reconnection charge
to reactivate Subscribers Services after the arrearage has been paid. If
equipment must be reinstalled because it was removed after an account
termination the customer will incur a $99.00 fee along with the other fees
mentioned herein. A Thirty Five Dollar ($35.00) fee will be
added to the subscriber account in the event of any bank returned check. In the event that more than one check is returned,
we will only accept cash, credit card or certified funds for payment on
the account.
Termination: Subscriber may terminate this
Agreement by submitting a request for termination (email, fax, U.S. Mail or telephonically) to the addresses or
phone numbers listed in this agreement. Requests received prior to the end of
contract term will be honored, but will be charged a One Hundred and Fifty Dollar ($150.00) termination fee and return
of the equipment.
Without prior notice, NetsurfUSA may terminate this
Agreement, your password, your account, or your use of the Services, for any
reason, including, without limitation, if NetsurfUSA, in its sole discretion, believes you have violated this
Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges
when due. NetsurfUSA may provide termination notice to you by: email
addressed to your email account or by US Mail or courier service to the address
you provided for the Services. Termination by NetsurfUSA for violation of the
NetsurfUSA Acceptable Use Policy shall be subject to the termination fee as
described above.
Additional Fees: In the event that special construction, or additional
equipment including but not limited to, a
wireless router, longer cable, additional grounding, higher tower or mast
hardware, or specialized antennas, an additional fee will be required for said
equipment, materials and any additional labor not included in the standard
install which will be billed at $60.00/hr.
Equipment and Scope of Work:
All equipment, modems, subscriber
modules, antennas and standard mounting equipment will at all times remain the
property of NetsurfUSA. Subscriber may not sell, transfer, lease, encumber or
assign all or part of the equipment to any third party. Subscriber shall pay
for the full retail cost of, or the repair or replacement of any lost, stolen,
unreturned, damaged, sold, transferred, leased encumbered or assigned equipment
or part thereof, together with any costs incurred by NetsurfUSA in obtaining or
attempting to obtain possession of any such equipment. On expiration or
termination of this Agreement, Subscriber will return the premises equipment to
a NetsurfUSA authorized agent. If the equipment is not returned the customer
authorizes NetsurfUSA to retrieve all equipment from the Subscriber’s premises
that is owned by NetsurfUSA.
Standard
Maintenance: NetsurfUSA connection
point ends at the Subscriber Module. Any trouble beyond our network or equipment is the full responsibility of the
Subscriber and their subsequent Network Administrator or vendor. Standard
maintenance is limited solely to the NetsurfUSA network and backbone
connectivity.
If your
connection ceases to function properly but NetsurfUSA’ network is still
functioning properly, a technician will
be sent to troubleshoot during normal business hours (8:30AM-4:30PM,
Monday-Friday and 9:00AM-3:00PM Saturday). If the problem is due to subscriber
negligence, or any of those items listed in the “Not covered by Standard
Maintenance” section, standard hourly rates apply.
Not Covered by Standard
Maintenance: Maintenance, repair or
replacement of parts or property damaged or lost through catastrophe, accident,
lightning, neglect, misuse, transportation, theft, fault or negligence of
Subscriber or causes external to the wireless system, such as, but not limited
to failure of, or faulty, electrical power, operator error, or malfunction of
Subscribers computer and/or peripheral equipment not installed by NetsurfUSA,
or from any cause related to or other than the intended and ordinary use.
Antenna re-aiming or relocation due to obstructions such as trees, vegetation
or buildings, or storm related damage. Any re-aiming or relocation of antennas
or reconstruction of tower/mast assemblies will be billed to the Subscriber at
standard hourly rates.
Equipment Protection Plan: All NetsurfUSA
customers can apply for this insurance program.
In the event that your antenna and/or cable are damaged due to
lightening, wind, hail or other acts of Nature, NetsurfUSA will replace the
equipment at no charge. This coverage does
not include customer property or customer owned equipment such as routers,
bridges, network cards or the like. This
plan requires a monthly subscription fee of $4.99 plus applicable tax.
Indemnification/Release:
Subscriber, its agent, successor and/or
assigns expressly agrees to indemnify and release NetsurfUSA, its affiliates,
subcontractors, employees, agents, assigns or successors from any liability for
any claims, losses, actions, damages, suits, or proceedings arising out of or
otherwise related to Subscriber’s installation of, use of, or termination
of the NetsurfUSA services hereunder
including but not limited to, Subscriber’s access to content uploaded or down
loaded using the NetsurfUSA service from any source or to any recipient. The
Subscriber further releases NetsurfUSA from any responsibility or liability
related to the accuracy, quality for confidentiality of any information
available by or through NetsurfUSA’ systems and/or the wireless network.
Subscriber’s release of NetsurfUSA includes any actions or inaction by
NetsurfUSA which amount to negligence. Subscriber further agrees to indemnify
and hold harmless NetsurfUSA Inc. from and against any and all claims, actions,
causes of action, losses or damages including attorney’s fees which in any way
arise from Subscriber’s installation of, use of, termination of the NetsurfUSA
services herein described.
Disclaimer:
NetsurfUSA assumes no responsibility
for the content contained on the Internet or otherwise available through the wireless
network or from any source accessible via NetsurfUSA’ services. NetsurfUSA
discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the
services provided by NetsurfUSA which may be offensive to some
individuals, which may not be in compliance with local, state or federal laws,
rules or regulations. Including but not limited to pornographic, or otherwise
inappropriate or sexually explicit of offensive content. Subscriber
acknowledges to NetsurfUSA that their use of the NetsurfUSA service to access
information, content or other services is at their own risk.
Governing Law and Venue: The laws of the State of
Customer
Agreement: The customer agrees that
they have read and understood the Contract, Acceptable Use Policy, FAQ and
Checklist sections of the NetsurfUSA
website. The customer assumes all
liability of providing a computer or device capable of using IP over
Ethernet.
Entire Agreement: This Agreement constitutes the entire Agreement
between the parties and no other representations or statement will be binding
upon the parties. If any part of the Agreement is held to be invalid or unenforceable for any reason, the
remaining terms and conditions of this Agreement shall remain in full
force and effect.
The undersigned understands this
is a legally binding contract.
Please
provide the following information accurately.
Acceptable
Use Policy
NetsurfUSA
agrees to provide high speed wireless internet to the subscriber listed below
subject to the following terms and
conditions:
This service is for single family
residence/home or business or office use only. Internet sharing is allowed only
within the boundaries of the terminating
location. Allowing others to use this connection via wired, wireless (WiFi or other technology) or by other means may result in
immediate disconnection. Reselling this service will result in immediate
disconnection. However, businesses may set up a WiFi
hotspot with permission from NetsurfUSA, but this is only allowed on a case by
case basis. Email accounts exceeding the Member's allotted email space may, at
the discretion of NetsurfUSA, be transferred to a compressed temporary file or
storage. NetsurfUSA may delete the temporary file from the server 60 days after
notifying you.
Abuse
of Services
Any use of the system that
disrupts the normal use of the system for other Subscribers is considered to be
abuse of services. The propagation of computer worms or viruses or the use of
the network to make unauthorized entry to their computational, information, or
communication devices or resources of others is a violation of this agreement.
The use of NetsurfUSA services by Subscribers to modify, alter, reverse
engineer, decompile disk, or disassemble any proprietary work in whatever form
is a violation of this agreement. The failure of any Subscriber running IPX to
use an IP tunneling protocol is a violation of this Agreement. The broadcast of
Routing Internet Protocol (RIP) or any other inter router protocol by Subscriber is a violation of this Agreement. Any
Subscriber deemed by NetsurfUSA to be in violation of this section is
subject to immediate termination by NetsurfUSA. Termination under this section
shall have no liability other than to refund any unearned prepaid service fees
including direct, indirect, incidental or consequential damages.
Monitoring the Services
NetsurfUSA
has no obligation to monitor the Services, but may do so and disclose
information regarding use of the Services for any reason if NetsurfUSA, in its
sole discretion, believes that it is reasonable
to do so, including to: satisfy laws, regulations, or governmental or legal
requests; operate the Services properly; or protect itself and its
interests. NetsurfUSA may immediately remove
your material or information from NetsurfUSA servers, in whole or in
part, which NetsurfUSA, in its sole and absolute discretion, determines to
infringe another’s property rights or to violate our Acceptable Use Policy.
Additional
Clarifications, Terms and Conditions
Usernames, passwords & email addresses are property
of NetsurfUSA and it may alter or replace
them at any time. NetsurfUSA cannot be held
liable for any type of loss, whether actual or perceived, due to a lack of
service. Subscribers understand that service
will be interrupted from time to time for various reasons including
maintenance, upgrades and power outages. There will be no warning for some of
the outages.
Contact
Information:
www.netsurfusa.net,
NetsurfUSA,
Inc.,
French
877-849-2875 - Office,
812-936-2006 - Fax
