BLADE BROADBAND LLC
WIRELESS INTERNET ACCESS AGREEMENT
This online agreement is entered into by and between you (Subscriber) and Blade Broadband LLC (Provider) Internet Service to establish the terms and conditions which Provider will furnish wireless internet service to subscriber with the selected package of internet service agreed upon at the time of installation. In the event of an inconsistency or conflict between the Acceptable Use Policy and this Agreement, the provisions of this Agreement shall govern. In the event that any portion of this agreement is altered or changed by Provider, the latest shall prevail and be available at bladebroadband.com. Changes shall be effective when posted. Subscriber agrees to review the Internet Service Agreement available at that site from time to time to be aware of any changes.
PAYMENT POLICIES and TERMS: Provider shall bill monthly for service at the beginning of each month (i.e. payment for March service is due March 1). We bill all Subscribers automatically with electronic payment via credit or debit card. A subscriber may choose paper billing for an additional $4.99/month with payment due upon receipt of the invoice each month. For any subscriber’s account that has been placed on suspended service for non-payment, Provider will charge $19.99 to reactivate subscribers service.
TERMINATION: Provider reserves the right to terminate this Agreement, your password, your account, or your use of the Internet Service, at any time, for any reason with prior notice, including, but not limited to, if Provider, 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. Provider may provide termination notice to you, but is not required to do so.
CUSTOMER PROVIDED EQUIPMENT: The internet antenna, mounting equipment and cable, will, at all times, remain the property of Provider. There will be a $7/month Internet Antenna Rental Fee. The subscriber has the option to buy the Internet Antenna for $149.99 with no further Antenna Rental Fees. 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, sold, transferred, leased, encumbered, or assigned equipment or part thereof, together with any costs incurred by Provider in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes Provider to retrieve from Subscriber’s premises equipment that is owned by Provider.
STANDARD MAINTENANCE: Provider’s connection point ends at the Subscriber Antenna. 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 Blade Broadband network and backbone connectivity.
If your connection ceases to function properly but Provider network is still functioning properly, a technician will be sent to troubleshoot during normal business hours (Monday-Friday 9am to 5pm). If the problem is due to subscriber negligence, or any of those listed in the Not covered by Standard Maintenance section, standard hourly rates may apply.
LIABILITY: Provider is not liable for any act or omission of any other company or companies furnishing a portion of their services for the Subscriber. Provider shall not be liable for and Subscriber agrees to defend, indemnify and hold Provider harmless for any and all losses, claims, demands, suits, or other actions, or for any liability whatsoever, whether suffered, made, instituted or asserted by Subscriber or by any other party or person, for any personal injury to or death of, any person or persons, and for loss, damage, defacement or destruction of the premises of Subscriber or any other property, whether owned by Subscriber or others, caused or claimed to be caused directly or indirectly by the installations, operation, failure to operate, maintenance, removal, presence, condition, location or use of terminals or other equipment that is not the direct result of Provider’s gross negligence or willful misconduct. No agents or employees of companies shall be deemed to be agents or employees of Provider. PROVIDER SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER AS A RESULT OF SERVICES PROVIDED BY PROVIDER.
TREE INTERFERENCE: When installing internet service, Provider Technician will install the antenna such that any tree interference or growth will not interfere with the quality of service during the first year of service. After one year of service, if interference occurs, it is the Subscriber’s responsibility to eliminate such interference. Provider is willing to assist in either identifying what trees and/or tree limbs that need removed or move the antenna, whichever makes more sense. The subscriber will, however, incur a service fee for such a visit.
PERMITTING and LANDLORD APPROVAL: It is the Subscriber’s responsibility to obtain any required permits, homeowner association’s approval for the placement of the antenna on the Subscribers building. Landlord/Owner consents to the installation, maintenance, and removal of the equipment described herein and required by Subscriber to receive Provider Services.
ACCEPTABLE USE POLICY: Provider agrees to provide high speed internet to the subscriber subject to the following terms and conditions: This service is for single family residence or home office or business use only. Internet sharing is allowed only within the boundaries of the service. Allowing others to use this connection via wired, wireless (WiFi or other technology) or by other means will result in immediate disconnection. Reselling this service will result in immediate disconnection. However, businesses may set up a WiFi hotspot with permission from Provider, but this is only allowed on a case by case basis. Using a personal account for high volume or commercial use (e.g. revenue generation advertising, etc.) is prohibited.
UNACCEPTABLE USE POLICY: Unacceptable uses include, but not limited to: using computers or software to perpetrate any form of fraud and/or software, film, or music piracy. Downloading, copying or pirating software and electronic files that are copyrighted or without authorization. Hacking into unauthorized websites or any property belonging to another individual without that individual’s express permission. Introducing malicious software onto the network and/or jeopardizing the security of the network or electronic communications systems. Any action that violates any federal or state law. In the event that this service is used for an illegal purpose, Provider will cooperate fully with all governing agencies to provide time, date, and usage records to identify the offending party.
DISCLAIMER: Provider assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via Provider services. Provider discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Provider 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 offensive content. Subscriber acknowledges to Provider that its use of Provider Service is to access information, content or services is at its own risk.
MONITORING THE SERVICES: Provider has no obligation to monitor the Services, but may do so and disclose information regarding use of Services for any reason if Provider, in its sole legal 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 interest. Provider may immediately remove your material or information from Provider servers, in whole or in part, which Provider, in its sole and absolute discretion, determines to infringe another’s property rights to violate our Acceptable Use Policy.
SERVICE DELIVERY: Wireless Internet Access connection speed (depending on package chosen) is measured between Subscriber’s location and the Provider access point. Connection speeds may be lower under conditions of high Internet usage. Actual data transmission or throughput may be lower than the connection speed due to Internet congestion, server or router speeds, protocol overheads, and other factors which cannot be controlled by Provider.
EXCESSIVE USE POLICY: Provider does have an Excessive Use Policy. The vast majority of Subscribers use their connection in a manner that does not infringe on other Provider subscribers. An extremely small percentage of subscribers use their Provider connection excessively, or at such extreme high volumes, that they use more than their share of the overall Provider connection. While this high volume use among our subscribers is very rare (less than 1%), Provider reserves the right to throttle the network speed of any offending subscriber down to a lower sustained rate. Provider would like to stress that this is an extremely rare occurrence and that it only affects those subscribers who constantly abuse their connection by maintaining extremely long periods of sustained upstream and downstream traffic that maxes out their connection. Provider expects that almost all its subscribers will remain unaffected by this as they maintain their normal internet usage. For those who may need a sustained 24/7 connection, Provider does offer many adaptable solutions to fit your needs.