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Subscriber Agreement This Agreement establishes the Terms and Conditions of wireless Internet service and the installation, maintenance and support of associated equipment (hereafter referred to as "Service" or “Services”) provided by Creative Wireless Network Solutions “CWNS” (hereafter referred to as “Provider”) to the private individual, married couple, or business that pays Creative Wireless Network Solutions for service (hereafter referred to as "Subscriber"). Use of the Services constitutes acceptance of this Agreement. The Terms and Conditions of this agreement outlined on this website supersede all preexisting copies of this or any other document and may be changed at any time at the sole discretion of the Provider without notice to the Subscriber. Service Commitment: None! The Subscriber may cancel Service at any time.
30 Day Money back Guarantee: If, for any reason, the Subscriber is not completely satisfied with the Service, the Subscriber may cancel the service at any time during the first 30 calendar days of service and receive a full refund*. Prepayments shall be returned to the Subscriber within 30 calendars days of receipt of Providers’ equipment in good working order. * Installations requiring special installations that incur additional installation fees may have a portion of the installation fee that is non-refundable. This portion will be clearly indicated on the written contract before installation.
Speed: The Providers network offers transfer speeds that approach 6 Mbps down and 768 Kbps up. This bandwidth is available to Subscribers as a shared resource. Actual speeds will vary due to a multitude of conditions. These include, but are not limited to: Network traffic, Subscribers personal computer speed, viruses on subscribers personal computers, radio interference, weather conditions, etc… There are also several factors outside the control of the Provider or the Subscriber which may affect speed. Such as: The Internet bandwidth between your computer and the site you're visiting. The round-trip time between your computer and the site you're visiting. The response time of the site you're visiting The provider does not guarantee speed and reserves the right to limit bandwidth to their subscribers at their sole discretion.
Termination Of Service: The service may be terminated at any time by written request of the Subscriber. Requests for termination will be processed before the next billing month. Early termination of a prepaid annual Subscriber beyond the 30 day trial period shall be pro-rated retroactively based on the monthly subscription rate through the current billing month. Any unused prepaid Subscriber fees will be returned to the Subscriber within 30 calendar days following the receipt of equipment by Provider in working order. Normal service charges to recover equipment apply when the service is terminated by Subscriber and the Subscriber fails to return the Providers equipment within 15 calendar days of termination. Equipment to be returned includes: The wireless bridge, mounting hardware, router, all associated power supplies and patch cables The Subscriber is not required to return any network cable attached to the structure. Installation charges are non-refundable and any discounts will be void if Service is terminated within the first year of service. Service may be terminated by the Provider without notice or cause at any time.
Referral Rewards: Each current Subscriber who refers a new Subscriber will receive a free month of service upon renewal of their subscription, provided the referred Subscriber completes their 30 day trial period. The free month of service will be applied as either an adjustment in the referring Subscribers renewal date, a discount on their renewal statement or a refund check issued by the Provider at it's sole discretion..
Telephone Support & Site Service: The Subscriber is entitled to unlimited telephone support during normal business hours and all service to customer-premises equipment (CPE) unless caused by forces outside the control of the Provider. Physical service to the Subscriber site provided to alleviate conditions beyond the control of the Provider, including those resulting from acts of nature will incur additional charges. The Subscriber agrees to pay for all damaged equipment and labor at the rate of $60/hour including travel time for these repairs.
Email Service: The Subscriber is entitled to 5 email accounts furnished by the Provider. Email service is also available from third party Providers. Attachments should be limited to 2 MB to reduce the impact on the wireless network.
Installation Details: Hardware installation is included in the installation Since each installation is specific to the installation site, there may be additional labor or equipment necessary that will incur additional charges. A portion of these additional charges may be non-refundable. A work order / service agreement will be presented before installation detailing the standard charges and additional charges and the portion thereof which in non-refundable. If the Subscriber so desires, some of the work may be completed by the Subscriber or his designee, however the specific work to be preformed is at the sole discretion of the Provider. The standard installation fee includes Materials and equipment necessary to complete an installation on a typical wood framed structure with clear line of sight to the access point from an accessible portion of the structure. This process typically requires approximately 2 hours to complete and requires the presence of the Subscriber or their designee to answer questions pertinent to the installation. The WISP equipment consists of internally (power supplies, power injectors, network router, etc.) and externally (antenna, radio transceiver, enclosure, etc) mounted equipment. The Subscriber understands and accepts that structure will require penetrations by the installer to connect exterior equipment to the Subscribers’ personal computer. The subscriber will grant permission, or In the event the Subscriber does not own the premises, the Subscriber will obtain permission for these penetrations from the owner and accept liability for any consequences or damage resulting from these penetrations. While the installer is conscientious to employ installation techniques that limit the exposure of the Providers equipment to the elements, the Provider cannot guarantee that any installation practice will prevent damage to the equipment. The Subscriber assumes liability for damage caused by acts of nature. The installation, configuring and testing of the necessary equipment to bring the Service to these remote areas is complex. It is not uncommon for the installer to experience some obstacles during the installation. We are committed to overcome these obstacles so we may provide the Service, Subscriber patience and understanding is appreciated.
Co-Location: It is through the cooperation of the Subscribers that the Provider is able to extend Service to remote and obscured locations. By accepting service from Provider the Subscriber agrees to permit the installation, upgrade and maintenance of an Access Point to facilitate Service to additional customers. Refusal to allow these activities is grounds for termination of Service.
Site Access: The Subscriber agrees to allow the Provider reasonable access to equipment installed at Subscriber premises, typically M-S 8am-8pm for the purposes of inspecting, maintaining, upgrading removing, etc. the CPE. The Provider will attempt to contact the Subscriber to schedule a site visit before visiting the Subscribers’ premises. In emergency situations, especially for those Subscribers who host access points, it may be necessary for the Provider to visit unannounced to service exterior equipment at the Subscribers premises that is necessary to deliver service to other Subscribers.
Equipment Warranty: The Provider shall replace or repair any equipment that fails electronically at Providers’ expense for as long as the Subscriber retains Service. Damage caused by electrostatic discharge (ESD), power surges, lightning, physical damage, abuse or neglect are expressly excluded.
Acceptable Use: The service is to be used in or about the Subscriber’s premises by the Subscriber, their family, guests or employees.
A wireless router may be attached to the Service specifically for the purpose of extending the Service throughout your premises exclusively for the acceptable use of the Subscriber, only if reasonable security precautions are taken by the Subscriber to prevent unauthorized access to the Service from third parties. These routers are available upon request preconfigured from the Provider. Additional equipment fees may apply. Operating a server of any type, including file sharing, is expressly forbidden. While it is impractical at best to outline all conceivable examples of network abuse, the Provider hereby defines “Network Abuse” as: Any illegal activities. Any activities that is harmful to others. The sending of unsolicited bulk email. Any activity which adversely affects the ability of others to use the Services. Any other activity that at the sole discretion of the Provider is abusive.. In an effort to provide the best browsing experience traffic on the Service is generally not regulated, however, if the activities of a Subscriber impact the quality of service available to other Subscribers’ their bandwidth will be limited.
Fair Access Policy: As with any shared service there are limited resources available to our Subscribers. Most, if not all, WIPSs impose some kind of restrictions on bandwidth usage. It is a necessary to ensure quality of service to our customers. The Service is intended for sending and receiving email, web browsing, and reasonable file transfers. The service has no hard set restrictions on usage, but it will not support sustained heavy use. Some examples of this kind of use are: Large or sustained file transfers Peer to Peer file sharing Streaming audio or video Internet Phone Services like Vonage Real-time on-line gaming. Frequent or repeated Internet speed tests. Etc. In the event a Subscribers’ bandwidth usage reaches a level that threatens the serviceability of other Subscribers, the Subscribers available bandwidth will be reduced and the Subscriber will be contacted and offered an opportunity to correct the condition. Once the condition is corrected, bandwidth will be restored to normal. Repeated incidents may result in permanent bandwidth reduction and or termination at the sole discretion of the Provider. Note: Wireless network connections are subject to a wide variety of interference that can cause delays in transitions or interruptions in service. While these conditions are not usually detrimental to normal web browsing, file transfers or email activities, they can have profound consequences on time sensitive data transactions such as real-time equities trading For this reason it is highly suggested that you refrain from engaging in real-time equities trading or similar activities over your wireless connection. The Service will generally support these kinds of transactions, but the Subscriber assumes all liability for use of the Service and any losses resulting from that use.
Ownership & Damage: Provider retains ownership of all equipment supplied by the Provider and installed at the Subscribers’ premises. The Subscriber is responsible for theft or damage to the entire installation beyond normal exposure to elements. Any associated equipment purchased by the Subscriber is the responsibility of Subscriber. The provider is not obligated to service, support, maintain, replace, repair or configure any equipment not provided by the Provider. This includes additional routers, computer systems, wireless range extenders, etc. Service calls for problems determined by the Provider to be caused by these ancillary components will be billed at the Providers’ normal rate.
Disclaimer: Subscriber agrees to indemnify and hold the Provider harmless from liability for any losses that result from use of the Service or the physical installation of the Providers’ equipment. These losses may include, but are not limited to: Physical damages to the structure, personal computer equipment or any ancillary equipment directly or indirectly connected to the Providers’ equipment. Personal injury. Data loss, hacker intrusion, loss of revenue, loss of personal computer usefulness. Service interruptions or degradation of performance due to circumstances beyond the Providers control, which may include but are not limited to: acts of God, power failure, interruption in service form upstream service providers, equipment failures, etc... Any other consequential or incidental damages of any kind.
Privacy Policy: Under normal circumstances, the Subscribers’ specific activity is not monitored, recorded or shared with any third party. Subscriber emails are stored on the Providers’ system, or a system leased by the Provider, solely for the purpose of ensuring accessibility to the Subscriber or delivery to the intended recipient(s). The Provider does however routinely collects general usage information relating to connection speed, quality of service, service availability, bandwidth usage and other technical information related to system performance. The Provider reserves the right to monitor accounts that we believe, in our sole discretion, to be violating the service agreement, any applicable law, regulation or at the request of a government or legal authority.
Agreement to Arbitration: Any controversy, claim or dispute arising out of or relating to this Agreement, shall be settled solely and exclusively by binding arbitration in Fairfield, California. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of JAMS/Endispute ("JAMS"), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS' rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorneys fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding the bringing an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
Entire Agreement: This Agreement constitutes the entire agreement of the parties relating to the subject matter addressed in this Agreement. This Agreement supersedes all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether oral or written.
Court Venue & Time Limitations: This agreement shall be interpreted under the laws of the State of California. Notwithstanding dispute & claim resolution through arbitration requirements, any litigation under this agreement shall be resolved in the District Court of Solano, State of California. The parties agree that any action in relation to this Agreement shall be commenced within one year of the date of the events from which a claim is derived, without regard to the date the events are discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute.
Enforceability: If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
Advice of Counsel: Each party to this Agreement represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel (if sought).
Construction and Interpretation: This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal representative) drafted the Agreement. The headings, titles, and captions contained in this Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter, and (b) the word "including" means "including, without limitation."
Limitation of Liability: Any claim, dispute or disagreement arising from, connected with or related to the completion, delivery, quantity or quality of the Services described in this agreement brought by the Subscriber is expressly limited to the unused portion of the most recent subscription payment as defined in the termination section of this agreement. This limitation is all inclusive, extends to the arbitration process and shall include all arbitration filing fees, arbitrator fees, attorneys’ fees, punitive damages, and any other costs claimed and awarded. Awards greater than those provided by the formulations detailed above are null, void, unenforceable, and expressly prohibited under this agreement
Updated 6/6/2011 |
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