WispWest Terms of Service
1014 West Park #4 Livingston, MT. 59047
Phone (406) 222-5454
WIRELESS INTERNET ACCESS AGREEMENT
This online agreement is entered into by and between you the subscriber (Subscriber) and WispWest (Provider) with offices at 1014 West Park #4, Livingston Montana 59047, for the purpose of establishing the terms and conditions under which Provider will furnish Wireless Internet Access Service.
SERVICE TO BE PROVIDED. Provider, under the terms of this agreement, will furnish to Subscriber the selected package of Wireless Internet Access Service agreed upon at time of installation.
TERM OF THE AGREEMENT. This Agreement shall be in effect for an initial term commencing with service inception and continuing for as long as service is being provided. Customer has the right to cancel subscription to service(s) at any time. WispWest owns all equipment, antennas, cables, and select software and upon any termination all equipment must be returned to WispWest. Any unreturned equipment will be billed to the Subscriber in the amount of $400.00 for equipment fees.
CHANGES TO SERVICE. Subscriber may choose to change their Wireless Internet Access package/speed without violating the terms of this agreement. A change fee may be required to implement the change. A move of service will incur a minimum fee of $99.00. Excess cabling and multiple workstation moves will incur normal hourly labor rates beyond the basic $99.00 equipment move fee. Early termination charges will not apply during the time frame in which a move of equipment occurs and service is reestablished.
TERM AND RENEWAL. The initial term of this agreement will begin on the date WispWest activates your Internet service and will automatically renew for additional one-month terms until terminated by you or WispWest. After the initial one-month term, WispWest may increase your Internet service rates for any subsequent terms. Your new rates will be effective at the beginning of the first billing cycle of the new term. WispWest will give you notice of the new rates one month before the term is renewed.
CANCELATION. You may cancel your service at any time by notifying WispWest in writing. Cancellation before the end of a term will result in actual cancellation at the end of the current term and will not result in a partial/prorated refund.
TERMINATION. If you fail to make timely payments to WispWest or fail to perform any obligation under this Agreement, WispWest, in addition to all other rights and remedies, may terminate this Agreement, terminate your Internet access, or both. WispWest may recover from you, by charging your credit card or by other means: 1) any payments incurred under this Agreement, 2) the monthly fees remaining due and payable under this Agreement, and 3) all costs incurred in enforcing the terms of this Agreement, 4) the full replacement cost of the installed equipment, if not properly returned to WispWest, 5) late fees figured at 2% per month, and 6) any fees associated with collection.
LATE PAMENT FEES. A late payment fee of $9.95 per month may be added on accounts not paid within fifteen (15) days of billing (18% annum). Returned Check Charge – A $30.00 processing fee will be charged on all returned checks.
CUSTOMER PROVIDED EQUIPMENT. Any equipment not purchased from Provider is customer provided equipment. Provider is not responsible for support of customer provided equipment and Subscriber will be liable for the expense of a service call if such equipment adversely affects Wireless Internet Access Service.
CUSTOMER INSTALLATION. The installation date and time will be determined by Provider and communicated to Subscriber as early as possible. Prior to or during installation, Subscriber and Provider will determine if Subscriber’s computer(s) are configured appropriately for the Wireless Internet Access Service connection. If not, Subscriber will be required to purchase or provide the appropriate hardware for the service to work. Installation of said equipment can be installed by Provider for a fee. In the event a Subscriber installs a network utilizing the provided Wireless Internet Access Service modem, it is with the clear understanding that Provider is not responsible for any problems that may occur. Provider will not dispatch a technician to Subscriber’s location to resolve any computer and/or network-related problems without an associated fee. Provider will not perform work on any of Subscriber’s computers without an associated fee.
DELAY. Provider will not be liable for any delay in the delivery or installation of Wireless Internet Access Service or for any damages suffered by Subscriber by reason of such delay regardless of whether such delay is directly or indirectly caused by Provider.
SERVICE CALLS. If Provider is called to Subscriber’s site and it is determined that the problem is other than the Wireless Internet Access Service and/or the Wireless Internet Access interface, a minimum service fee of $99.00 will be charged for the first hour and in half hour increments thereafter. The stated rates apply during regular business hours. Overtime, weekend, and holiday rates will be higher. Travel and related charges may also apply. The provided Wireless Internet Access Service hardware is warranted by its manufacturer for a period of one (1) year. During the one (1) year manufacturer’s warranty period Provider will support the hardware for problems covered by the manufacturer’s warranty. Service calls determined to be the result of an out of warranty Wireless Internet Access Service modem will be charged to Subscriber.
SERVICE DELIVERY. Wireless Internet Access connection speed (10 Mbps to 200 Mbps, 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.
CONSEQUENTIAL DAMAGES. Provider is not responsible for any incidental or consequential damages resulting from failure of, or suspension of, Wireless Internet Access services.
Voice Over IP (VOIP). Provider does support, but does not guarantee Voice Over IP Protocol. Any number of factors can take down a Voice Over IP telephone line. We suggest either a backup land line or a cellular phone if you use the Voice Over IP services.
TV Over IP (IPTV). Provider does support, but does not guarantee TV Over IP Protocol. Any number of factors can take down a TV Over IP television line. We suggest either DirecTV, Dish Network, or other TV service provider if you continue to have problems with TV over IP Protocol.
SEASONAL SERVICES. Customers can put their accounts in a Seasonal mode, one time per calendar year, for up to 6 months. This Seasonal period will suspend the internet service. WispWest offers a courtesy turn on 2 week service activation. Seasonal customers can activate their services for 2 weeks at a time and 2 times within the Seasonal mode. Seasonal mode is $10/month with auto payment and the 2 week activation is $40 each 2 week period for unlimited speed of service. Seasonal must be activated prior to Auto pay billing (5th of the month). Requests made after the 5th will be applied to the next billing cycle.
ADDITIONAL TERMS. If either party commences an action against the other party to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the non-prevailing party. If any provisions of this Agreement are held to be illegal, invalid, or unenforceable, such shall not invalidate the remaining provisions hereof. This contract supersedes any previous agreements, verbal or written. In the event of legal action arising out of or related to this Agreement, including claims for non-payment of amounts owed here-under, Park County, Montana shall be the exclusive jurisdiction and legal venue for said action and this Agreement shall be construed according to the laws for the State of Montana.
Abusive Use Policy
As with all internet service providers, WispWest does have an Excessive Use Policy. The vast majority of WispWest customers use their connection in a manner that does not infringe on other WispWest customers. An extremely small percentage of customers use their WispWest connection excessively, or at such extreme high volumes, that they use more than their share of the overall WispWest connection. While this high-volume use among our customers is very rare (less than 1%), WispWest reserves the right to throttle the network speed of any offending customer down to a lower sustained rate. WispWest would like to stress that this is an extremely rare occurrence and that it only affects those customers who constantly abuse their connection by maintaining extremely long periods of sustained upstream and downstream traffic that maxes out their connection. WispWest expects that almost all its customers will remain unaffected by this as they maintain their normal Internet usage.
We do not tolerate behavior that incites repeated DDoS attacks. Although some DDoS attacks are random, most attacks seem to target online gaming participants as a result of their behavior / voice communication within the game. If you play online, multiplayer games, we encourage you to be respectful and avoid joining parties and communicating with players you are not familiar with. If you receive multiple DDoS attack against your IP address, we may, at our discretion, assign a Static IP address ($9.95/month) to your account and ask that you cease all DDoS-encouraging activities. Failure to do so may cause us to terminate your services.
If a customer’s email address is used to send out Spam emails or sends large quantities of mail out we will reset the email password and suspend the email account. We encourage customers to have strong, unique passwords containing upper and lowercase letters and special characters. Failure to do so may cause us to terminate your services.
Commitment of Service
WispWest continually strives to be the premier Wireless Internet Access Service Provider in Montana. As part of this commitment, our Network Operations Center (NOC) Engineers proactively monitor performance on our network backbone to ensure WispWest has adequate backbone bandwidth to accommodate high- speed service for our entire customer base. WispWest offers products that range from dedicated backbone bandwidth (more expensive) to products that are shared backbone bandwidth (less expensive). You should work with your WispWest LLC Sales department to determine which product offering best fits the needs of your business or residence.
It is important to WispWest LLC that our customers clearly understand the difference between purchased bandwidth and throughput. First, some background about the Internet. The Internet is a mesh network comprised of multiple independent Internet Service Providers, Enterprise Level Customers and Residential Customers located throughout the world. As such, there are various WAN routing protocols that make up the Internet including, but not limited to, Frame Relay, ATM, IP over Ethernet and IP over SONET. With these WAN routing protocols come various overhead requirements that reduce the amount of throughput possible for all Internet customers. In addition, TCP is the primary transport layer protocol utilized throughout the Internet. HTTP (www sites), HTTPS, FTP, TELNET and many other applications utilize the TCP protocol suite as their transport layer protocol. TCP is a connection-oriented protocol thus also has overhead requirements. Most in-depth testing and research show that the average customer will get optimal throughput of 90% to 99% of their purchased bandwidth. This (90% to 99%) is considered the best possible throughput results and can degrade beyond that should there be congestion on the Internet (whether the congestion be with the source ISP, destination ISP or Internet backbone, including access points or peering points). Keeping the network overhead described above in mind, an example of optimal “throughput speed” versus “purchased bandwidth”. Remember that other congestion factors could come in play that reduce this speed, but this would be your optimal (best possible) throughput speed.
Finally, WispWest takes great pride in our high-speed network. We also recognize that unexpected traffic on our network and/or the Internet can at times impact our customers reducing their throughput speeds. Many factors are involved in this potential problem and our commitment is that WispWest will do everything possible to proactively monitor, evaluate and control the factors within our direct control. In addition, we continually evaluate new technologies to ensure we evolve our network as technologies change thus allowing us to deliver state-of-the-art products to our customers.