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- One Year Term of Agreement: This Agreement has an initial term of one year (the “Initial Term”) and will continue on a month-to- month basis thereafter. After the Initial Term, either party may terminate this Agreement upon thirty (30) days’ notice, or initiate a contract renewal at the current rates. The Initial Term begins the day your DSL line is successfully installed by the DSL provider, as recorded in its database. If shastainternet.com or the DSL provider cannot successfully deliver the Service, this contract is implicitly terminated without penalty or cost to you. Use of DSL service constitutes acceptance of all terms and conditions herein.
- Contingency Fees: During the installation process the DSL supplier will need access to your premises, phone closet or inside your location. If the supplier has to return due to lack of access there will be additional fees for truck roll, missed appointment or refused access to equipment rooms.
- Description of Service: The Service is made up of two elements: DSL service to your premises, and Internet Access through shastainternet.com
- DSL Service: DSL Service is a digital data telecommunications service that consists of one permanent circuit between your premises and the serving wire center. DSL Service provides upstream and downstream maximum throughput rates from 128 kbps up to 6.0 Mbps. The maximum throughput rate depends upon such factors as the distance from your premises to the servicing wire center, and the quality of the copper telephone line serving your premises. DSL Service provides high-speed access to our Internet Access Service.
- Internet Access Service: Our Internet Access Service through shastainternet.com will provide you with access to the Internet and e-mail services. For the terms and conditions and the acceptable use policy of our Internet Access Service, please see https://www.shastainternet.com on the Internet. These terms are subject to change without notice at any time.
- Limited Warranty – DSL Service: We warrant that, subject to the limitations set forth below, the DSL service will operate in substantial accordance with the terms of this Agreement. The limitations include: DSL Modem warrantied in full for one year.
- You understand and acknowledge that the actual transmission speeds may vary from the transmission speeds that you might otherwise expect, due to such factors as the length and gauge of the telecommunications line serving your premises, and other operation characteristics of the facilities and equipment used in the DSL Service. It is possible that there may be a lack of facilities or other operational impediments may preclude or delay the actual installation, repair and maintenance of DSL Services to your premises. We reserve the right to terminate this Agreement without liability to you if we are not able to provide, repair or maintain DSL Services to your premises.
- We will use commercially reasonable efforts to provide installation, repair and maintenance services. If you experience a substantial reduction in transmission speed or significant interruption of service, please notify us and we will undertake commercially reasonable efforts to restore the DSL service. We will not be responsible for service issues relating to your computer, network or software.
- The limited warranty shall not apply if: 1) Your equipment has been subjected to unusual physical or electrical stress, misuse, neglect, accident or abuse, or damaged by any other external causes; 2) The DSL Service or related equipment has been installed, repaired or altered by any one other than our DSL service supplier or its subcontractors or affiliates, without prior written approval; or 3) the DSL Service or related equipment is used in violation of applicable law or in violation of instruction furnished by us or our DSL service provider, if any.
- The foregoing limited warranties shall be in lieu of and shall exclude all other express or implied warranties, including without limitation, warranties of merchantability, and fitness for a particular use or purpose.
- Default, Remedies and Early Termination Charges: You will be considered in Default of the Agreement if: 1) payment for any Service has not been made within ten (10) days after we have sent you a notice via e-mail that such payment is overdue, 2) cancellation of the order after 5 working days after the DSL service has been ordered or 3) for any other breach of this Agreement that is not remedied within ten (10) days after notice of such breach, or for any breach of the Acceptable Use Policy for our Internet Access Service. If you are in Default of this Agreement, we may terminate all Services under this Agreement without further notice to you. If this Agreement is terminated before the end of the Initial Term, you will also be responsible for all charges for the Services that would have been billed for the remainder of the Initial Term or pay an early termination fee of $200.00, whichever is less.
- Charges may appear on your bill reflecting fees charged by the Federal Universal Service Fund (FUSF) which are set forth by the Federal Communications Commission (FCC), and local, State, and Government fees and taxes. Amounts added to your bill can fluctuate based on determinations set forth by the Federal Communications Commission (FCC) and tax rates. shastainternet.com will not exceed the rates set for by the FCC and/or government agencies. Federal, State, and Local surcharges and fees are not reflected in the prices we quote. Such charges as required will be charged in addition to our published prices at the time services and are invoiced to the customers.
- Online Acceptance: You may accept this agreement online by checking the acceptance box, and it will have the same effect as if you had returned an original signed document to us. This electronic acceptance will be considered adequate proof of your DSL agreement with shastainternet.com and Use of DSL service constitutes acceptance of all terms and conditions herein.