Serving the Mt. Diablo Region since 2001
SUBSCRIBER SERVICES AGREEMENT
Our rules and regulations are designed to make our relationship mutually beneficial. Basically, airCloud Communications respects others and we will be responsible for our actions, and we expect the same from Subscribers. Throughout this contract, the phrases “airCloud Communications” “we” and “our” refer to airCloud Communications its staff, owners, assignees and operators. The phrases “the Subscriber,” “the Customer,” and “your” refer to the Subscriber who reads and signs this Contract.
I. Acceptable Use Policies
1. Your account and your files are yours; we respect your privacy and will not examine or
inspect your files, mail messages or postings except as provided for herein.
2. airCloud Communications has the right to reserve certain usernames (email names) for internal use. We also reserve the right to refuse various usernames (email names) if deemed inappropriate.
3. Users may not attempt to circumvent user authentication or security of any host, network, or account on the airCloud Communications Systems or the Internet at large. (Such practices are also known as "cracking" or "hacking" and are prohibited.)
4. We ask you to follow general “Netiquette” when sending email messages or posting UseNet messages. Advertising may not be “broadcast” or otherwise sent on an intrusive basis to any user of any network (i.e., NO SPAMMING!). Advertising may be posted in UseNet newsgroups, applicable commercial advertising directories (if any), or emailed to any user or user mailing list that has requested such advertising. Transferring commercial traffic, as well as research and educational traffic, is an acceptable use so long as such use is acceptable to all interconnected networks along the entire route, from source to destination.
5. You may not attempt to harm, overload, or damage the system, airCloud Communications or its Subscribers. It is not acceptable to use airCloud Communications so as to interfere with or disrupt network users, services, or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertising, propagation of computer “worms” and viruses, using the network to make or attempt to make unauthorized entry into any other machine accessible via the network, and sustained high volume network traffic which substantially hinders other Customer’s use of the network.
6. Open Mail Relays: Maintaining an open mail relay invites senders of mass unsolicited
commercial e-mail to exploit the server by using it for spamming. Failure or refusal to take appropriate steps to close an open mail relay on airCloud Communications network is grounds for temporary suspension or permanent termination of service.
7. The Subscriber has the responsibility of keeping airCloud Communications informed of a current, valid mailing address. Credit card Subscribers also have the requirement of keeping airCloud Communications informed of the status and validity of the credit card account to which their billings are made.
1. airCloud Communications provides 24x7x365 level 1 technical support. Level 1 technicians shall assist in basic troubleshooting including equipment rebooting, and general connectivity
tests. Unresolved Level 1 calls will be escalated to Level 2 support and responded to by the on- call technician within ONE (1) BUSINESS DAY.
2. airCloud service is limited to our outdoor wireless modem and antenna, cabling, and power supply. airCloud does not support customer routers, network equipment, computers, or other equipment that utilizes the Internet connection. Troubleshooting procedures end at the customer premise demarcation which is the outdoor wireless modem power supply.
III. Billing Procedures
1. Payment of the Installation fee, the first month prorated Service fee. Thereafter, payment for airCloud Communications services will be billed BETWEEN THE 15TH AND THE LAST DAY OF THE MONTH in advance in accordance with airCloud Communications current schedule of fees. If payment is not received within 10 days of due date, airCloud Communications reserve the right to suspend access to service for Customer’s Account(s). A reconnection charge will
apply in addition to any outstanding balance.
2. airCloud Communications payment method for monthly fees is via Credit/Debit Card. Business accounts may request alternate billing such as 6 month prepay Purchase Order.
3. Invoices are not automatically provided for monthly Service or Equipment fees. airCloud Communications Account Management system allows subscribers ready access to billing history.
4. All outstanding charges shall be due immediately and payable within ten (10) days. It is the
sole responsibility of the Customer to insure their payment instrument information is maintained current and available for payment of incurred fees, and that check payments arrive on or before the due date. A defaulted account accelerates payments to be due immediately.
5. Payments for services not made within 30 days past due are considered delinquent and may be subject to reasonable collection and legal fees. Delinquent accounts will be charged interest at the rate of 1.5% per month, or the maximum permitted legal rate, whichever is lower. Credit card Customers agree to pay all charges according to the card issuer agreement.
6. Customer agrees to pay airCloud Communications all charges relating to use of Customer’s Account(s). Customer acknowledges that there is a one, two or three year minimum term commitment as specified in your Service Quote. If the Customer wishes to cancel service prior to the end of the contract there will be a 100.00 fee plus 100% of the remaining contract value.
7. airCloud Communications reserves the right to change the price and/or terms and condition of
service at any time on plans that are not in contract. Upon such change, we will let you know one month in advance by sending an email message to your account, as well as making the notice available on-line.
8. If you default in any aspect of this Contract, you agree to pay airCloud Communications its reasonable expense, including attorney and collection-agency fees incurred in enforcing its rights under these Billing Procedures.
IV. Liability Limits
LIMITATION OF LIABILITY: ALL SERVICES ARE PROVIDED ON AN “AS IS, AS
AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY.
1. Neither airCloud Communications nor its Providers are responsible for any damages arising from Customer’s use of airCloud Communications network or inability to use airCloud Communications network.
2. Electronic mail and other transmissions passing over the Internet and through airCloud Communications system are not confidential. Accordingly, airCloud Communications does not guarantee the protection or privacy of any information of any Subscriber or permitted user using
airCloud Communications services or system. airCloud Communications and its agents will not disclose any information unless required to operate its system or pursuant to a court order, subpoena, or similar legal request or otherwise on the advice of counsel.
3. There is no guarantee of message delivery. Email return receipts may be requested, but there is no guarantee that the recipients’ mail system will process or even acknowledge these requests.
4. airCloud Communications is not responsible for Customer’s files residing on airCloud Communications network. Customer is responsible for independent backup of all such data at a site determined by Customer.
5. airCloud Communications cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet.
6. Due to the potential threat of viral attack, airCloud Communications highly recommends the practice of virus scanning to protect against infection from computer viruses. airCloud Communications is in no way responsible for any data loss or damage arising from viral infection from the Internet. Customer undertakes browsing and downloading of Internet files at their own risk. Consult with your local computer re-seller, systems analyst, consultant, and/or management information systems personnel to determine the anti-viral protection program best suited to your needs.
7. Customer is hereby warned that some Internet sites accessible via airCloud Communications
network allow posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. airCloud Communications is not responsible for inadvertent or deliberate access to such material and cannot prevent access to such material. It is recommended that each Customer closely monitor use of his/her connection especially in the case of potential use of misuse of minor children. A parent or legal guardian must open accounts for minor children.
8. Any access to other networks through the airCloud Communications network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass UseNet posting, Use Net cross-posting or mass emailing.
9. airCloud Communications and its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in anyway related to the product or services provided. The services provided by airCloud Communications are data transport and email storage through our remote hosting company Google Hosted Services. These services are contracted with adults of legal age only, and shall be governed by the State of California. Any access of these services by minors, or by residents of States or localities other than California, is the responsibility of the service user and not airCloud Communications. All users are expected to abide by the laws of the state or country within which they reside. Upon notification of violation of law, airCloud Communications may at its discretion immediately terminate the account without refund.
V. Connect Contract
airCloud Communications Connect Contract is straightforward. We require that you do nothing
illegal with your account, that you follow the rules of the Internet itself, and that you behave responsibly, both with regards to your actions and for the charges you incur while using airCloud Communications.
1. airCloud Communications network service may be used only for lawful purposes. Transmission, promulgation, theft, procurement, communication, alteration, publication or storage of any information, data or material in violation of any federal, state or local law, statute, regulation or rule is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless airCloud Communications from any claims resulting from your use of the service that damages you or another party.
2. The Subscriber is responsible for knowing and following all the rules and regulations pertaining to the means of connecting their terminal, PC, Mac, or LAN to airCloud Communications Service, including payment of shareware cost or royalties, if any, directly to the authors.
3. In the event that airCloud Communications is required to engage the services of an attorney due to breach in this Contract by the Subscriber of any of the terms contained herein, the Subscriber agrees to pay any and all of airCloud Communications reasonable attorney fees and court costs. Upon breach of this contact, all of the Subscriber’s rights and privileges shall be immediately terminated and all fees shall be forfeited as liquidated damages to airCloud Communications. Both parties expressly waive a jury trial.
4. Unless expressly authorized under terms of written contract, account sharing or reselling, for any type of account offered by airCloud Communications is strictly prohibited and shall be cause of immediate termination of service. Account sharing will include but is not limited to; permitting access by anyone who is not residing at or visiting the Subscribers address to access and use airCloud Communications network either by direct connection or via a wireless network.
5. Wi-Fi: Subscribers agree to keep their own wireless networks secure using WEP or WPA
security when available.
6. Subscriber confirms they are aware of airCloud Communications Monthly Transfer Limit (MTL) for their chosen service plan and agrees to pay the Additional Transfer Charge (ATC) as posted on airCloud Communications web site for each gigabyte over and above the MTL for their service plan.
7. airCloud Communications reserves the right to suspend service at anytime, for any reason without notice. If such a suspension is to last more than a day, the Subscriber will be notified as to the reason.
8. airCloud Communications warrants that, if a Subscriber is dissatisfied with the service, airCloud Communications will, upon written notification received from the Subscriber to airCloud Communications refund any prepaid fees for future months. Other than the foregoing, no warranty is made by airCloud Communications regarding any information, service or products provided through, in connection with, or located on the computer systems of airCloud Communications and airCloud Communications hereby expressly disclaims any and all warranties, including without limitation: (i) any warranties as to the availability, accuracy, or content of information, products, or service; and (ii) any warranties of merchantability or fitness for a particular purpose.
9. Residential wireless service is intended to provide Customers with a dedicated high speed connection only. Use of your connection for other than intended purpose such as, but not limited to, web hosting is in violation of this agreement. Violators will be moved to the appropriate Business Wireless service plan.
10. The service plan you have purchased has an up-to speed range (both Download and Upload). There is no guarantee or warranty that the Internet Service will perform at the upper end of the speed range specified, there is no minimum speed guarantee. Many factors determine the speed at which a wireless connection is made and the speed of the internet at large. As such, airCloud Communications does NOT guarantee the speed at which a Customer will connect to the internet.
11. Use of your airCloud Communications account constitutes acceptance of this Connect
1. airCloud Communications reserves the right to change its services without notice, including
but not limited to access procedures, hours of operation, menu structures, commands, documentation, MTLs and services offered. Notice of modification to this contract will be posted to airCloud Communications Web site. Customer’s use of airCloud Communications network after such notice shall constitute Customer Acceptance of such modification.
2. Customer understands that airCloud Communications network services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. Customer understands that it may not receive advance notification of any such interruption of service. Scheduled outages will be publicized on-line. airCloud Communications shall not be liable for any delay in or failure to perform the service as provided herein.
3. There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration. At its sole discretion, airCloud Communications may elect to provide a pro rated refund or additional/extension of service for service interruptions of greater than 24 hours.
4. Customer hereby agrees that any material submitted for distribution on airCloud Communications network through Customer’s Account(s) does not violate or infringe upon any copyright, trademark, patent, statutory, common law or proprietary right of others, or contain anything obscene, objectionable, or libelous.
5. airCloud Communications at its sole discretion and judgment may immediately suspend Customer’s access to the service upon any breach of any of this contract by Customer, including, but not limited to, refusal or failure to pay for services provided or disruptive on-line behavior.
6. As a courtesy to Subscribers, airCloud Communications may post links from its web site to software sites including "freeware" or "shareware". airCloud Communications is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software. airCloud Communications makes NO warranty of any kind, either expressed or implied, with respect to software, including freeware or shareware available to Subscribers. airCloud Communications accepts NO liability of any kind with respect to such software or any damages resulting from use thereof. Subscriber and any other user assumes ALL risks of any kind with respect to such software. The user, and NOT airCloud Communications, must pay all software license fees. No Subscriber or permitted user will assert any claim against airCloud Communications with respect to any software obtained through airCloud Communications.
7. airCloud Communications reserves the right at its sole discretion to delete any information entered into airCloud Communications network, not be obligated, to review accept/reject publicly viewable information.
8. airCloud Communications reserves the right to refuse and/or terminate service to anyone or any entity for any reason at its sole discretion. However, airCloud Communications will not discriminate in providing service to any Customer based on race, religion, sex, or national origin.
VII. Service Levels
1. airCloud maintains a business class network and makes every effort to deliver the best
possible speeds at all times.
2. Speeds are best effort and do not represent a minimum Committed Information Rate.
3. airCloud does not support streaming video or other high sustained bandwidth services.
4. Bandwidth usage caps are implemented on HOME (50MB) and SOHO (100MB) accounts.
5. airCloud implements bursting at high data rates with limited sustained rates as described in section VII-6
VII. Contract Term
1. The term of this Contract is ONE TWO or THREE YEARS as specified by your selected service plan unless otherwise agreed upon in advance and is automatically renewable thereafter.
VIII. Customer Acceptance
1. This Contract represents the complete understanding between the parties as to the subject
matter hereof, and supersedes all prior written or oral negotiations, representation, guaranties, warranties, promises, order, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party. By signing airCloud Communications Service Quote, the Subscriber agrees to the preceding Terms and Conditions of this Contract with airCloud Communications.Type your paragraph here.
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