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.
Performance: If
customer is not satisfied with any service provided by NetsurfUSA
under the Agreement, Customer shall provide written or verbal notice specifying
the performance deficiency in the Service and allow NetsurfUSA
(30) business days (“Notice Period”) to bring the deficient performance to
customarily acceptable industry performance standards (“Cure”), or if not
capable of Cure within such notice period, make reasonable progress toward such
Cure during the Notice Period. Should
the parties agree that NetsurfUSA failed to Cure or
make progress toward such Cure within the Notice Period, NetsurfUSA
will terminate the applicable Service upon request of Customer and waiver any
termination fee.
Voice-Over-IP (VOIP) Usage Information: VOIP
services are not offered in all areas covered by NetsurfUSA
broadband services. VOIP services are reliant on available Internet
connectivity and subject to the limitations outlined for broadband services in
this agreement. Using the VOIP equipment
with any other service provider without the consent of NetsurfUSA,
Inc. could damage the equipment and/or severely hinder your ability to access
features and emergency services such as e-9-1-1. Such use is strictly forbidden without prior
consent and subject to termination of services.
Voice-Over-IP (VOIP) Billing Information: VOIP
services are subject to the terms and conditions of your broadband service
including any contractual obligation and termination fees. A VOIP access box or IAD is required for
voice services and available for purchase at $49.99. Certain additional fees may apply if
termination of service is requested such as reverse-porting and re-wiring for
previous configurations.
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.
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.
Disclaimer of Emergency 9-1-1 Services: IF CUSTOMER USES VoIP (VOICE over INTERNET
PROTOCOL)-BASED PHONES, CUSTOMER IS ADVISED THAT EMERGENCY 9-1-1 SERVICE MAY
NOT FUNCTION OR BE AVAILABLE TO CUSTOMER WITH THE LOSS OF ELECTRICAL POWER OR
IF THE BROADBAND CONNECTION IS NOT OPERATIONAL. EMERGENCY 9-1-1 SERVICE WILL
NOT BE AVAILABLE AT ANY REMOTE LOCATION IF INTERNAL USERS USE THEIR VoIP-BASED
PHONES REMOTELY. CUSTOMER'S SIGNATURE ON THIS AGREEMENT WILL BE CUSTOMER'S
ACKNOWLEDGMENT THAT NETSURFUSA, INC. HAS ADVISED CUSTOMER OF THESE LIMITATIONS
AND THAT CUSTOMER ACCEPTS THE SERVICES WITH THESE LIMITATIONS. NETSURFUSA, INC.
WILL ALSO PROVIDE LABELS TO CUSTOMER THAT ALERT USERS TO THE LIMITATIONS. THE
FEDERAL COMMUNICATIONS COMMISSION RECOMMENDS THAT CUSTOMER PLACE THESE LABELS
ON OR NEAR THE TELEPHONE AND OTHER EQUIPMENT ASSOCIATED WITH CUSTOMER'S
VoIP-BASED PHONES.
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.
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.
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
