Waterford WISP Internet Service Agreement
1. Users of Waterford WISP services are required to comply with, and by using any such facilities, agree to comply with and be subject to Waterford WISP Internet Service Agreement, hereby known as the “agreement”. Waterford WISP reserves the right to amend these Conditions and Policies at any time.
2. Subject to the provisions hereof, the account will be opened upon receipt of payment together with this contract, and repeated in each successive billable period thereafter at the then applicable prevailing rates and charges, unless written notice of cancellation is received from User at least 10 days prior to the beginning of the next billable period. The initial and minimum term of this Agreement is for 1 month unless otherwise specified.
3. Payments & Prices
3.1. Payments shall be made monthly or otherwise by prior arrangement. Charges for “billable period” services are payable prior to the beginning of each period. The billable service period begins on the date the services indicated in this agreement becomes available to the User.
3.2. Waterford WISP only accepts payment by electronic funds through direct bank transfer. Waterford WISP does not accept credit card payment or PayPal due to the high cost of those services.
3.3. All prices for services provided by Waterford WISP to Subscriber are US dollars.
3.4. User hereby agrees to pay any and all attorney fees, court costs, and related expenses incurred by Waterford WISP in the collection of any amount due it. 3.5. Waterford WISP may, with 30 day’s notice, amend the rates and/or charges for any future service(s).
4. Limitation of Waterford WISP’s Obligation & Liability
4.1. Waterford WISP will utilize its best efforts to maintain acceptable performance of services offered, but Waterford WISP makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Waterford WISP cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Waterford WISP will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Waterford WISP shall not be liable to Users including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Waterford WISP .
4.2. Waterford WISP may discontinue servicing any User, or may require fulfillment of conditions that it may choose to impose as a prerequisite for continuing to service any User. Such discontinuation or requirement may not be unreasonable, however, and Waterford WISP agrees to provide User with reasonable notice via Email and fax of any such intent to discontinue or impose conditions.
4.4. Waterford WISP ‘s liability to User, and any end user of any Plan or other Waterford WISP services is limited to the amount paid to and received by Waterford WISP for services not accepted. In no event shall Waterford WISP be liable to User, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Waterford WISP has been advised of the possibility of such damage.
4.5. User will take all necessary measures to preclude Waterford WISP from being made a party to any lawsuit or claim regarding Waterford WISP services provided to any User or end user. User hereby agrees to indemnify and hold harmless Waterford WISP from any and all claims of whatever nature brought by any of User’s customers against Waterford WISP in excess of the remedy set forth in paragraph 4 .
5. Actions that violate Waterford WISP usage agreement.
5.1. Subscribers violate our policy and the Services Agreement when they, engage in the following activities:
5.1.1. Unsolicited E-Mail & UseNet Mailings (Spamming) — Unsolicited, commercial mass emailing (known as “spamming”) is a strongly disfavored practice among Internet users and service providers.
5.1.2. Copyright Violation — Violation of copyrights held by individuals and corporations or other entities
5.1.3. Distribution and/or Transmission of Obscene or Indecent Speech or Materials — Violation of indecency and obscenity laws.
5.1.4. Defamation — Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the ISP whose facilities were used to distribute the defamatory material.
5.1.5. Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities
5.2. At Waterford WISP discretion, access to Waterford WISP Internet service may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Waterford WISP and its officer’s are deemed as authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones.
6. This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. Waterford WISP may make changes to this agreement upon thirty (30) days’ written notice to User, advising of the change and the effective date thereof. Utilization of Waterford WISP services by User and/or its customers following the effective date of such change shall constitute acceptance by User of such change(s), unless User objects in writing to such changes, in which case the changes shall not take effect until there is written consent to other arrangements by both parties.
7. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Virginia, United States of America, and the courts of Loudoun County shall have exclusive jurisdiction in respect of any proceeding in connection with this Agreement.
V.1.1 (Dated November 30, 2013)
PO Box 303
Waterford, Virginia 20197
Email us: firstname.lastname@example.org