Basic Internet
High-Speed Fixed Wireless
Internet Access Service Agreement
For the purposes of this agreement, “Customer,” “You,” and “Your” mean the person or entity that subscribes to the Services provided pursuant to this Internet Access Services Agreement (“Agreement”) as described below. “We,” “Our,” “Us,” and “Basic Internet” refer to Basic Internet, Inc.
This Agreement is made between Basic Internet, its successors and assigns, and You for the Services of Basic Internet specified herein.
INTRODUCTION. Basic Internet provides Internet access and related services (collectively the “Services”) to users who pay a monthly service fee to subscribe to the Services. By establishing an account or using the Service, You agree to be bound by this Agreement and to use the Services in compliance with this Agreement. If You do not agree to the terms and conditions of this Agreement, including any future revisions, You may choose to not use the Services and if You are a current Customer, You must terminate Your account in accordance with this Agreement.
SUBSCRIPTION REQUIREMENTS. You understand and acknowledge that You must be and are at least 18 years of age and a legal resident of the United States. You must provide Basic Internet with accurate and complete billing information including Your legal name, mailing address, physical address, telephone number, and credit card or billing information, and report any change in this information to Basic Internet within thirty (30) days of the change. You understand and acknowledge that You must have and do have the legal authority to authorize the installation of the necessary equipment at the location to receive the Services. If You are not the owner of the location or premises upon which Our equipment is to be installed, You warrant that You have obtained consent of the owner of the location or premises for Us and/or Our agents to enter for the purpose of installation or removal of Our equipment.
FIXED WIRELESS HIGH-SPEED INTERNET.
(a) The Customer agrees to pay Basic Internet one hundred dollars ($100.00) as a refundable deposit on the radio equipment to be installed at the location You designate, and a fifty-dollar ($50.00) non-refundable installation charge. The first month’s service fee of forty dollars ($40.00) is also due prior to the initiation of the Services. Upon payment of the full amount by the Customer, Basic Internet will schedule installation of the necessary radio equipment as soon as practicable. The first month will begin when the installation is completed. The Service will be provided at a rate of forty dollars ($40) per month due at the beginning of the period of service following the first prepaid month. Upon notice in advance by You of a pending absence of a month or more, the Service can be designated as “Inactive Status”, with a monthly charge of $12 per month payable to maintain the radio at the installed location.
(b) You agree that should You voluntarily terminate the Service after an initial twelve (12) months of Service, Basic Internet will refund the one hundred dollar ($100.00) deposit upon return of all Our equipment in working order. Should You voluntarily terminate the Service prior to the initial twelve (12) month period, You understand and agree that You must return all Our equipment in working order and that Basic Internet may charge $50 to uninstall the equipment. If the Service is terminated by Basic Internet for non-payment of monthly fees more than 10 days past the payment due date, You agree the one hundred dollar ($100) deposit will be forfeited and the equipment will be retrieved by Basic Internet or its designated agent.
(c) The Customer hereby gives permission for Basic Internet or its agents to access the property to install, service, or retrieve all equipment necessary to supply high-speed fixed wireless Internet service.
(d) You understand and agree that You are responsible for any and all damage or loss of Our installed equipment regardless of cause or negligence. You also agree that you are responsible for the replacement cost of Our installed equipment in the event of damage or loss. It is Your responsibility to provide insurance to cover the replacement cost of all installed equipment and ensure that Basic Internet shall be named as an additional insured for the replacement cost of Our equipment. It is agreed that the reasonable replacement cost shall be five hundred dollars ($500.00).
(e) You agree that Basic Internet retains ownership of the fixed wireless equipment installed at the Customer’s premises and licenses it to the Customer on a limited, nonexclusive basis for the duration of the account activation.
PAYMENT OBLIGATIONS OF A CUSTOMER. You are responsible and agree to pay for any charges to Your account. Service charges are billed in advance on a monthly basis. The fees for the Services shall not be prorated for periods of less than one calendar month. If You cancel Your account for the Services, You will not receive any refund or partial refund of fees for any month that has passed, either in whole or part. If charges are billed to Your credit cards or debit cards, as applicable, each month, You agree that Basic Internet is not responsible for any charges or expenses, including overdrawn accounts, exceeding credit card limits, or similar expenses resulting from charges billed. The Customer agrees to pay all such charges and expenses as applicable. If You pay by check, payments are due in advance of the month in which the charges are incurred. Delinquent accounts more than 10 days past the payment due date will be suspended by Basic Internet. There will be no refund of service fees paid for any previous month of Services.
SERVICE OBLIGATIONS OF BASIC INTERNET.
(a) Basic Internet agrees to provide any necessary software to enable the Customer to access and use the Internet through Basic Internet’s Services subject to the terms of this Agreement.
(b) Basic Internet reserves the right to control, direct and establish technical procedures for the use of the Services and the Customer agrees to follow the reasonable instructions and procedures of Basic Internet with respect to the use of the Services. Basic Internet also reserves the right to make operational changes to the Services, including the Customer’s identifiers.
(c) Basic Internet will use reasonable efforts to ensure that it retains all necessary consents, licenses or agreements required for the provision of the Services.
(d) Basic Internet will use reasonable efforts to maintain a 24-hour Internet presence for the Customer, but cannot assure continuous, uninterrupted use. Access to the worldwide Internet is dependent upon numerous factors, technologies, and systems, many of which are beyond Basic Internet’s authority and control. In addition, routine maintenance and periodic system repairs, upgrades, and reconfigurations may result in temporary impairment or interruption of service. You agree Basic Internet will not be liable for its failure to provide continuous Services.
(e) Basic Internet reserves the right to temporarily reduce or suspend service from time to time without notice. Basic Internet will use reasonable efforts (but cannot assure that such efforts will be successful) to notify the Customer in advance of any such service interruption, and to schedule any such service interruption for as brief a duration as possible.
CUSTOMER'S ACCOUNT, PASSWORD, AND SECURITY. Upon registration, Customer shall receive a username, password, and account designation from Basic Internet. You and members of Your household or business, if you have purchased a business account, are the only authorized users of Your Basic Internet account and must comply with this Agreement. You must keep Your password confidential so that no one else may access the Services through Your account. You must notify Basic Internet immediately upon discovering any unauthorized use of Your account.
USE OF SERVICES BY CUSTOMER. The Customer agrees to use the Services only for lawful purposes and not to allow others to use the account for any unlawful purpose. The resale of Basic Internet Services or any sharing of bandwidth, whether or not for monetary gain, is strictly prohibited. This account is not to be used for commercial purposes or to run a server unless it is established as a business account with the prior knowledge and written consent of Basic Internet. Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, bulk mass mailing, etc.) is prohibited. Outgoing email is limited to normal personal messages. Services are for interactive use only, and the Customer agrees not to use any method to avoid inactivity disconnection or to otherwise maintain a connection unless actively using it. Customer agrees not to provide any public information services over the connection. The Customer is responsible for obtaining and maintaining the Customer’s own compatible computer system, including all such equipment, software and network communication lines required by the Customer to properly access the Services. The Customer agrees that Basic Internet has no responsibility or liability with respect to the Customer’s equipment.
MONITORING THE SERVICES. The Customer agrees that Services will be used in accordance with all applicable laws, statutes, rules or regulations and solely for lawful purposes. The Customer is solely responsible for the knowledge of and adherence to any and all laws pertaining to use of the Internet. Any use or activity in violation of any federal, state or local laws, regulations or ordinances is strictly prohibited. The Customer agrees Basic Internet has the right, but not the obligation to monitor Customer’s usage of the Services and disclose information regarding use of the Services for any reason if Basic Internet, in its sole discretion, believes it is reasonable to do so, including to satisfy laws, regulations, governmental or lawful requests, operate the Services properly, or protect itself and its Customers from potential liability.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Basic Internet does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Basic Internet has no control over and accepts no responsibility for such materials. You agree to assume full responsibility and risk for use of the Services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the Services or the Internet. The Services are provided on an "as is" and "as available" basis. Basic Internet does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. Basic Internet makes no warranties express OR implied including, but not limited to, warranties of title, noninfringement, merchantability, and fitness for a particular purpose regarding any merchandise, information or service provided through Basic Internet or the Internet generally. No advice or information given by Basic Internet or its representatives shall create a warranty. Basic Internet and its employees are not liable for any costs or damages arising directly or indirectly from your use of the Services or the Internet including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. In any event, Basic Internet’s cumulative liability to any customer for any and all claims relating to the use of the Services shall not exceed the total amount of service fees paid during a one-year period. You agree to indemnify Basic Internet, its employees and agents harmless from any claims, including attorneys’ fees, made by any third party, arising from your use of our service.
TERM OF AGREEMENT. This Agreement will be effective on the date Basic Internet makes the Services available to the Customer and shall remain in force until or unless terminated under the terms of this Agreement. Use of the Services by the Customer constitutes acceptance of this Agreement and any future revisions thereof. If You are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, Your sole and exclusive remedy is to discontinue using Basic Internet Services and to terminate Your account.
TERMINATION. You may terminate your account at any time and for any reason by providing notice of intent to terminate to Basic Internet in person or in writing. Email notice of termination is only accepted upon the acknowledgement from Basic Internet by return email or other written acknowledgement. Basic Internet may terminate Your account at its discretion without prior notice if We determine in Our sole discretion that You have abused or violated the letter or intent of these terms. Notwithstanding such termination, additional charges to the account may continue to accumulate until such time as Basic Internet or its agents retrieve Our installed fixed wireless equipment.
WAIVER. You agree that failure by Basic Internet to enforce any of its rights hereunder shall not constitute a waiver of any such rights. No waiver by either you or Basic Internet of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.
ASSIGNMENT. You understand and agree that you are not allowed to transfer all or any portion of the Services or Basic Internet’s equipment to any other person, entity or location, including a new residence. You agree that you may not assign or transfer this Agreement. You agree that Basic Internet may assign or transfer all or any portion of this Agreement at any time without notice to You, and You agree to waive any such notice that may be required.
SEVERABILITY. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.
ENTIRE AGREEMENT. This Agreement is the entire Agreement between You and Us and supersedes any and all statements or promises made to You by any of Our employees or agents.
Signed________________________________________________
Print Full Name_________________________________________
Date_______________________
Signed____________________________________for Basic Internet
Date _______________________