LIMITATION OF LIABILITY, DISCLAIMERS OF WARRANTIES AND TERMS OF SERVICE
Your subscribing to NetwurX and use of our service is subject to your acceptance of the following terms and conditions. These same terms and conditions will appear on your computer screen the first time you sign on to NetwurX and you will be asked to acknowledge that you have read, understood, accept and agree to be bound by them. These terms are to be considered your “NetwurX Contract” and outline our responsibilities to you, as well as yours to us. We encourage you to read all the terms and conditions before indicating your acceptance of them when activating your account during the initial “sign on.”
NetwurX reserves the right to modify this Acceptable Use Policy at any time without notice. In most cases, we will attempt to notify you, our Customer, of any such modifications either via e-mail or by posting a revised copy of the Policies on our Web site.
In general, the limitations and disclaimers described below fall into two broad categories. Some limit NetwurX’s liability to you. For example, we are not liable to you for interruptions in service and are not responsible for consequential damages. So, if you make dinner reservations over the Net, we do not guarantee you a table, and are not responsible for what happens when you don’t get a table. Others are designed to protect NetwurX, our subscribers or third parties if you should use our service in a manner which violates U.S. Federal law, Wisconsin state law, or the laws of other states which may be applicable. NetwurX takes no responsibility for material posted by other NetwurX subscribers or any other person that you believe is offensive, obscene or defamatory. Likewise, any subscriber using NetwurX to publish or post defamatory or obscene material will indemnify NetwurX for any liability resulting from such use. In short, it is our goal to provide you with access to the Internet in as unrestricted manner as possible. In turn, we expect that you will be a responsible cyberspace citizen and use NetwurX in an honest, respectful and lawful manner.
Liability for Interruptions and Errors in Service:
(a) No Warranties, Express or Implied: NetwurX, for itself, its agents, contractors, employees, providers, and for any parent or subsidiary of NetwurX, makes no warranties or representations as to the availability, content, quality or accuracy of the services, products or information provided. NETWURX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The laws of some states limit or do not allow the disclaimer of implied warranties. If the laws of such a state are found to any claim by or against NetwurX, the limitations and disclaimers contained here shall be to the greatest extent permitted by law.
(b) No Consequential Damages: NetwurX services are provided on an “AS IS” and “AS AVAILABLE” basis. You use NetwurX at your sole risk. NetwurX is not responsible for any direct, indirect, special or consequential damages resulting from the use of NetwurX, or any interruption, error or inaccuracy in the service or products provided. In other words, you agree that NetwurX is not responsible for loss or damage which you may sustain if NetwurX, does not perform up to your expectations, regardless of the cause. This would include, among other things, any loss or damage resulting from interruptions of service, delays, computer “viruses,” the incomplete or inaccurate delivery, uploading or downloading of files or information and the failure to deliver or deletion of e-mail or other communications, and backup services. In the event of a disruption of service, NetwurX’s liability, if any, will be limited to the pro rata amount of any prepaid fees for the period of the month during which the interruption occurred. The laws of some states limit or do not allow the limitation or waiver of consequential damages. If the laws of such a state are found to any claim by or against NetwurX, the limitations and disclaimers contained here shall be to the greatest extent permitted by law. NetwurX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NetwurX SHALL NOT BE LIABLE FOR ANY DIRECT OR ACTUAL DAMAGES, EXCEPT TO THE EXTENT SPECIFIED IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN NetwurX AND ITS CUSTOMER.
Indemnity of NetwurX against Damage for Unlawful Use:
You agree to use NetwurX for only lawful purposes and in a manner consistent with any applicable federal or state law. You also agree to indemnify NetwurX and hold us harmless from all damages and loss, including any legal fees and expenses, NetwurX could or may sustain because of any use by you of our service which is may or does violate any federal or state law, or which results in NetwurX becoming liable to any third person or other entity.
(a)Defamation, Libel and Slander: NetwurX exercises no editorial control over the content of material, messages, images or other information posted by its subscribers or available on the Internet. NetwurX provides you with the ability to communicate and share information with other NetwurX subscribers, as well as other users of the Internet. Because of the amount of information available through our service, and through the Internet, in general, it is inevitable that there will be postings that are malicious or offensive in nature. To the extent you believe that something available through our service defames you or injures your reputation or character, in any manner, you agree to look solely to the person or persons responsible for posting the information. You acknowledge that NetwurX shall have no liability to you for the content of any information, images, or other material available through NetwurX, regardless whether such material is true or false, and regardless of whether such material may constitute libel or slander or result in liability on the part of the originator of the material under federal or state law. Similarly, while we discourage our subscribers from posting defamatory, offensive or malicious material, we do not expressly forbid such material or actively police our service to prevent the posting of such matters. In the event that you use NetwurX in any manner which results in NetwurX’s being named in any legal action, civil or criminal, you agree to indemnify and hold NetwurX harmless from all loss or damages sustained by NetwurX, including costs incurred by NetwurX in defending such legal action.
(b)Obscene, Pornographic or “Adult” Material: Even persons with little or no experience on the Internet now know that there are files, text, and images available that are not appropriate for children or persons who are offended by matters having an explicit sexual content. Because NetwurX exercises no control over content, NetwurX assumes no liability for materials which may be offensive to some members. Likewise, NetwurX makes no representations that “Adult” or pornographic material is available through its service. NetwurX does not grant subscriptions to minors. We assume that any subscribers who allow their children access to NetwurX or any other Internet service provider will make every effort to supervise their children and exercise control over the content and areas of the Internet to which they are granted access. There are a number of commercially available products and software applications that are designed to provide a degree of “parental control.” NetwurX, for its part, does not directly provide any parental controls and does not sponsor, endorse or make any representations as to the effectiveness of particular products or software applications designed for parental control. Remember, NetwurX is a doorway to the Internet. Be careful who and what you let in. By agreeing to use NetwurX in a lawful manner, you agree not to post any material which violates state or federal obscenity laws. The laws related to what may or not be obscene vary from place to place. Thus, we do not and cannot make any representations or set any standards for what may or may not be posted, transmitted, or available through NetwurX. You agree to indemnify NetwurX and hold us harmless from all liability, loss or damage NetwurX may incur, including legal fees and costs, as a result of your posting, uploading or downloading, or making available for downloading, any obscene, profane, sexually explicit or otherwise illegal material.
(c)Copyrighted Material: You agree not use NetwurX to transmit or duplicate any copyrighted or proprietary material, of any kind, without the express permission of the person or persons holding the copyright or otherwise having the right to use and publication of the material. This includes, but is not limited to, the transmitting of text, software applications, or graphic. NetwurX reserves the right, (but does not assume obligation) to remove any material posted or transmitted in violation of any federal or common law copyright law. You agree to indemnify NetwurX from any and all loss, damages or liability, including legal fees and costs, NetwurX sustains as a result of the use of the service in any manner which violates any copyright law or in any manner which infringes on the property rights of others.
NetwurX is not to be considered a secure communications medium for the purpose of the Electronic’s Communications Privacy Act of 1986. NetwurX may (but has no obligation to) monitor, duplicate or retransmit any and all communications through or with its facilities to the extent necessary to properly manage the system or discharge any obligation imposed on NetwurX by law or by contract. NetwurX makes no representations as to the privacy or security to be given to any communications made through the system.
Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. We make no guarantee regarding, and assume no liability for, the security and integrity of any data or information a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as “secure.”
Any and all equipment obtained from NetwurX that is not purchased will need to be returned to NetwurX If your account should ever be terminated by you or NetwurX for any reason. Any and all equipment received from NetwurX that is not returned within 14 days of termination, will be subject to replacement fees and all deposit monies will be put towards the cost. Equipment returned must be in good working order. Any and all equipment that is subjected to physical or electrical stress, misuse, neglect, accident or abuse, or damaged via elements or otherwise while in your care is subject to all fees as listed above.
TPP and EPP
Equipment Protection Plan (EPP) – is offered from Netwurx for an additional $3.95 per month with a $40.00 deductible. The “EPP” plan covers one radio (SM/CPE) failure per year. If the Customer declines Netwurx “EPP” plan, the Customer is responsible for the equipment and the insurance coverage payments under the Customer’s homeowner’s insurance policy. This plan does not cover any other fees associated to the workorder including travel fees.
Total Protection Plan (TPP) – is offered from Netwurx for an additional $7.95 per month with a $40.00 deductible. This plan will include the Subscriber Module (SM/CPE), the cable, provided mounting brackets, dish, alignment and any additional equipment provided at the time of install. The “TPP” plan covers one radio failure per year but up to 3 service calls and power supplies.
If the Customer declines Netwurx “TPP” plan, the Customer is responsible for the equipment and the insurance coverage payments under the Customer’s homeowner’s insurance policy. These new protection plans are NOT required after the initial one year install or workorder agreement. you can add or remove them at any time. They may only be added to new service or service which is properly functioning at the time of order. If you choose not to add a protection plan, we will not be able to make on-site service calls to assist you with your service without standard fees applying.
Payment Policies and Terms:
Payment by Subscriber shall be due to NetwurX on the date of service. Invoice/email customers will be mailed an invoice approximately 30 days prior to the due date. Accounts remaining unpaid 7 to 14 days after the due date may be subject to a late fee and the subscriber shall be suspended until the account is paid in full. For any subscribers account that has been placed on suspended service due to delinquency may be charged a reactivation fee. In the event any balance is not paid as agreed, the customer agrees to pay a collections fee equal to 40% of the unpaid balance. In the event of a lawsuit to collect the unpaid balance, the undersigned further agrees to pay court costs and reasonable attorney’s fees. A Twenty Five Dollar ($25.00) fee will be added to the subscriber account in the event of any bank returned check. In the event that more than one check is returned, we will only accept cash, credit card or certified funds for payment on the account. THERE IS A 30 DAY MONEY BACK GUARANTEE ON ANY SERVICE NOT INCLUDING INSTALL/WORKORDER FEES AND DAMAGED HARDWARE. After the initial 30 days the customer agrees to pay out their cycle. NO REFUNDS FOR UNUSED SERVICE WILL BE ISSUED AFTER THE 30 DAYS HAS BEEN REACHED. All services are billed monthly, quarterly or annually. Monthly accounts may only be used if paid automatically via debit/credit card and are not invoiced. They are charged the day service is due and emailed a receipt. Quarterly and yearly accounts can also be set to auto debit or if you prefer, paper or email invoice. Customers wishing to be mailed a paper invoice are subject to a $1.50 fee per invoice. Netwurx is careful in making decisions about adjusting fees however we do reserve the right to adjust reoccurring service fees and hardware fees accordingly without notice if need be.
Customers may cancel at any time. Only customers canceling within 30 days of initial sign up receive 100% of their money back. ALL REFUND REQUESTS must be in writing via e-mail or via US mail. No refund request will be processed over the phone. Refund requests must be made within 90 days of cancellation. No refund request shall be honored after 90 days. All refunds will also be due any sales tax on the refunded amount. No refunds will be given to customers canceling after the 30 day initial sign up period. Customers under signed contract may be subject to early termination fees based on the contracts specifications.
Netwurx emails important updates from time to time that you need to know. It is your responsibility to make sure we have the correct contact email and mailing address as well as phone numbers. Late notices, network updates, billing rate changes, warnings, etc. are all emailed out to customers. It is your responsibility to be sure we are not on your spam lists (if you are using an email address that does not belong to Netwurx) and we have the correct email account. This is how we communicate important changes and information about your account.
Other Rules and Restrictions for Use of NetwurX:
NetwurX reserves the right, in its sole discretion, to terminate the account of any subscriber whose use of the system unduly interferes with the use of other subscribers or threatens the integrity of the services and products provided by NetwurX or violates any state or federal laws applicable. Below are some of the rules and restrictions NetwurX, will apply in determining whether to terminate an account. This list is not intended as a comprehensive or exclusive list, and NetwurX reserves the right to modify its rules and restrictions at any time.
a) You agree not to “hack,” “crack” or attempt to gain root access to our system.
b) You agree not to “Spam” or flood the Usenet or particular newsgroups with posts unrelated to the topic or for the purpose of harassment or annoyance.
c) You agree not to send unsolicited e-mails in bulk or singularly.
d) You agree not to send any communications considered undesirable or Spam like to any person(s).
e) You agree not to deliberately attempt or cause traffic levels at NetwurX to rise for malicious purposes or without cause, or to abuse the system and its resources in any manner which could or may compromise or impair access to NetwurX by other persons. This includes, but is not limited to the use of “bots” “flooding” or “mailbombing.”
f) You agree not to “ping” the system, or otherwise interfere with NetwurX’s ability to determine whether a connection is active or idle.
g) You will not give your password or account information to any other person.
h) You agree not to make NetwurX’s system files public or available to other Internet users.
i) You may use only one dial-in at a time and agree to logoff after each session. Dialup is not a dedicated service.
j) Telco Charges – Local dial-up access numbers may not be available in all areas. It is the Subscriber’s sole responsibility to determine if use of a particular NetwurX dial-up number will cause them to incur long-distance, toll, or other charges. NetwurX is not responsible for any long-distance or toll charges incurred by Subscriber’s use of NetwurX’s Internet Service. Subscribers are solely responsible for all telecommunications charges including local and long-distance telephone charges for connection to the service by the Subscriber and by those who access the service through the Subscriber’s account. NetwurX is not responsible for any long distance phone charges the subscriber may incur from the use of NetwurX services. DSL customers requesting AT&T to come out and resolve internal line problems are not NetwurX responsibility. If they charge you for work being done that is between you and your phone company.
Choice of Law:
Cyberspace is a pretty big place, and its boundaries are not well defined. As a result, you agree that any and all claims, suits or other disputes arising from your use or membership in NetwurX shall be determined in accordance with the laws of the State of Wisconsin, in the event NetwurX is made a party thereto. All actions, whether in contract or in tort, arising from your use or membership in NetwurX shall be brought in a state or federal court of competent jurisdiction situated in the State of Wisconsin.
Netwurx is committed to preserving the privacy of its customers and protecting their personal data. Netwurx personnel do not actively monitor customer activity on the Internet, email, or other communications in the regular course of business.
INFORMATION WE COLLECT
We keep information about our customers such as names, addresses, telephone numbers, and details about services provided & customer service inquiries. In addition we collect a number of metrics for network planning and troubleshooting purposes.
Netwurx may collect and share non personally identifiable information including traffic flow data and DNS requests with selected 3rd parties for purposes of network, security, and market research. Traffic contents including email and web page content is not shared except when necessary for security response or troubleshooting.
It is the policy of Netwurx to cooperate fully with any law enforcement inquiry, however subscriber information will not be disclosed until we have received a subpoena or warrant.
Protection of Customer Proprietary Network Information (CPNI)
Certain information about voice (VoIP) services that you may have from Netwurx are subject to additional privacy protections and regulation.
This section describes the specially protected information and how we protect it.
WHAT IS CPNI?
CPNI specifically refers to information about how your voice service is configured and how you use it. This includes what numbers you call and for how long and what features you use.
There are some aspects of your voice service that are not considered CPNI by law but for the sake of simplicity and consistency it is Netwurx’s policy to treat all information about our voice customers as CPNI and protect it accordingly.
HOW THIS AFFECTS YOU
We have to take extra steps to verify your identity when you contact us. We realize that this can be frustrating if you just have a quick question about your bill or want to report a problem with your voicemail light. We pride ourselves on recognizing our customers and providing personal service and realize that the extra steps to verify your identity can seem onerous or “big telephone company”. For better or worse the law requires us to be extra cautious about telephone information. Please bear with us as we take extra steps to keep your information safe.
CALL DETAIL RECORDS (CDR)
Call Detail Records (who you called, who called you, and how long the call lasted) will never be given out over the phone. You may request that we email them to you provided your email address has been on file and unchanged for at least 30 days. You may also request that we mail them to you provided your mailing address has been on file and unchanged for at least 30 days. You may be able to access your call detail records through our web site or your phone system portal. If we provide that capability you’ll need to use a username and password. Password resets will only be sent to your email address of record that has been on file and unchanged for at least 30 days.
Requests for Call Detail Records may be made by phone, mail, or email. Any requests for Call Details Records received through email will be fulfilled through postal mail to your address of record that has been on filed and unchanged for at least 30 days.
DISCLOSURE OF CPNI TO THIRD PARTIES
We don’t disclose your CPNI to third parties for any reason except in response to a valid law enforcement inquiry or troubleshooting technical problems with our providers.
We don’t provide your CPNI to third parties for marketing.
USE OF CPNI IN MARKETING
We don’t use CPNI for marketing. If we change our mind we’ll provide a means to opt out of that use here and notify anyone affected of their ability to opt out at least 60 days prior to any marketing use.
1) We will not cut down trees, or erect towers. We can try a 10 foot mast or so if need be. Some people simply cannot receive the signal or cannot receive the signal without an enormous effort. The basic installation does not cover anything but simply attaching the subscriber module to the house and running Cat 5 wire that terminates to the wall closest to the room you wish to have your computer or router in. However, we charge time and material for mast installations/attic climbs, tower climbs etc. Most short mast installations will cost $100 – $200 or more than the basic install. The best value would be for you to install any additional things like this yourself. Radio Shack stocks TV antenna mounting accessories. TV antenna masts will work for simple subscriber modules. If a reflector dish cannot be installed on a mast, it may require a building or tower. If you should need a reflector dish we can sell them to you.
2) We will not fish through walls, drill through concrete foundations or conceal the wire (aside from tucking it under siding, soffit, and facia where feasible). This means the wire will generally be tacked or stapled to the outside of the house to a point where a drilled hole allows the wire to pass into the house. From that point on, the wire will be run to a point where it can connect to the computer. We try to route the wire along baseboards and corners to make it as unobtrusive as possible. If this is not acceptable, we can perform the additional tasks on a time and materials basis; however due to time constraints, this may add weeks to the installation schedule. If you have extraordinary requirements, an electrical contractor can perform almost any operation that may be needed.
3) We provide IP over Ethernet to a single computer or router network port ONLY. If you have configuration issues other than initial setup with the proper IP information, you will have to hire a consultant to help you. We can direct you to a consultant. We are not your private tech support IT professionals. Time constraints prevent us from giving you unlimited tech support on issues unrelated to the proper operation of our network. Anything beyond that is provided as a courtesy by the technician at his/her discretion.
If we can connect to the radio on your roof, we consider our network to be functional. We don’t want to appear heartless, but there is no way we can possibly fix every odd little thing wrong with your computer. We sell connectivity to the Internet and Internet-based services. We generally can determine if it is our problem before we do a truck roll. ; We charge for service calls if it is determined that the problem is with your computer.
4) We do not police content. We offer limited filtration of email automatically and filtered web service as an option. Other than that, you are connected to the raw wild world of the Internet. This allows for maximum speed, throughput and functionality. It will also allow the world at large to attack your computer if it is left unprotected. It is your responsibility to install firewalls, proxy servers, anti-virus, and any other software you desire to limit damage to your computer. It is also your responsibility to protect your family, children, neighbor’s children and anyone else that may have access to your computer or wireless network from content that may be unsuitable or damaging. Software is available to allow all of these protections to be put in place on your computer. We can recommend consultants that can provide software, installation and setup.
5) We don’t provide tech support for X-Box, Wii or any other gaming device; in most cases those devices should be considered like your computer(s). If you have a wireless router and call for tech support, we will likely ask you to bypass the router and connect to our VoIP router, the Canopy radio, or DSL modem, as the case may be. If the configuration has changed or if the Canopy is connected to any other device, we may not be able to help.
6) We will probably not respond to trouble reports as soon as you wish. All of our employees are on this system at home and we monitor it constantly. System wide troubles are detected and resolved in what we believe to be a timely manner. But for certain critical uses and critical users we are probably too slow. This is the reason we do not offer a Service Level Agreement to residential users. We only agree to give you the best service we can. Sometimes, for some people, our best is not good enough. Again, we will be happy to direct those users to our competition.
7) We will not tolerate anyone using the system for disruptive activities. These include, but are not limited to: port scanning other computers or networks, sending spam or unsolicited commercial email, accessing our private company servers, accessing the computers of other subscribers, operating any type of server that allows sharing of intellectual property in violation of copyright laws, operating any server that distributes pornography or other material that we deem unsuitable, distribution of any software (executable files or source code) that is in any way related to viruses, worms or other types of damaging data or files or programs. Basically, we are judge, jury and executioner. If we receive reports from organizations or individuals indicating that you are participating in any of the above, we will simply shut you down. We don’t necessarily have the ability to prove anything one way or the other. This is basically zero strikes and you are out. We will give you a chance to plead your case AFTER we shut you down– “shoot first and ask questions later.” It is way too easy to do lots of damage in very little time. That is why we take this stance.