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Internet Service Agreement
1. The Company provides all services on an "As Is" basis. In providing Internet access and any other services, the Company, its officers, directors, employees, representatives and agents, make no representations or warranties except as expressly stated herein and EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND SECURITY, AND SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE FOREGOING, BEH COMMUNICATIONS, LLC WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR TO ACCESS THE INTERNET, RELIANCE ON INFORMATION OBTAINED THROUGH THE INTERNET, INTERRUPTIONS IN SERVICE, DELETION OF FILES OR E-MAIL, LOST DATA, UNAUTHORIZED ACCESS TO THE CUSTOMER'S RECORDS OR FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSIONS OR ANY OTHER FAILURE OF PERFORMANCE.
2. The service provided by the Company is best effort and thus, NOT "life safety" qualified. You agree that you have considered the "best effort" nature of your Internet connection supplied by the Company before deciding whether the use of VoIP telephones, security systems, health monitoring systems or other systems requiring permanent, always-on connections is appropriate.
3. To ensure equitable Internet access for all Subscribers, the Company operates a Fair Usage Policy on all contended Services. Fair Usage establishes an equitable balance in Internet access across High-speed Internet Services for all Subscribers. To ensure this equity, heavy usage Subscribers may experience temporary throughput limitations during peak usage hours. Contended services are not intended for continuous high-volume data transfer. Peer to peer file sharing applications such as Bit Torrent are tolerated on the basis that they do not impact network performance for other users. Downloading or sharing copywritten content (eg music, movies, television shows, etc) without the consent of the copyright holder is illegal and strictly forbidden. The Company reserves the right to throttle or shape connections that abuse available bandwidth.
4. Residential Users will not host any type of Server and allow other users to access the Server via the Internet.
5. Subscriber assumes ALL risk and liability for any use of the service. The Subscriber agrees to indemnify the Company against all claims, liability, damages, costs and expenses, including but not limited to reasonable legal fees, arising out of or related to Subscriber¿s use of the service.
6. The Company does not guarantee Internet network performance. The Company provides an Internet access service, and most conditions on the Internet are completely outside the control of the Company.
7. The Company reserves the right to take whatever actions we deem appropriate to enforce these policies. The Company also reserves the right to change these policies without prior notice at any time. The actions the Company takes may include account suspension or termination. The Company does not issue any credits for accounts cancelled due to policy violations. The Company reserves the right to refuse service to anyone at any time for any reason.
8. The Subscriber is not permitted to resell or redistribute Subscriber's Internet connection to other parties unless agreed to in writing by the Company. A violation of this policy will result in the immediate termination of your account.
9. Network address assignments issued by the Company are the property of the Company and are considered to be hired to the Subscriber as part of this agreement.
10. Use of the Company's services and the access of your Internet account by you as a company and/or an individual constitutes acceptance of this Agreement in full. This Agreement is effective when you first use the Company's services, including but not limited to access to the Internet, and continues until service is terminated. If either party terminates this Agreement, you are still responsible for any charges on your account.
11. The use of your account to send out any bulk and/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Bulk e-mail (spamming) is defined as identical or similar e-mail messages sent to multiple recipients where the recipient has not specifically requested such e-mail. Any violation of this policy may result in the immediate termination of your account, at the sole discretion of the Company.
Service and Installation Policies
Service calls and installation work is generally performed on an appointment basis. Appointments are usually scheduled in four-hour blocks during normal business hours. If you have special needs beyond this appointment option, please call us and will do our best to accommodate you. Standard installations will normally be performed within five business days after an order has been placed. The charges for the first month of service and any installation or equipment fees are payable at the time the service is installed. If it is determined that a nonstandard installation is required, the estimated cost and completion date will be provided to the customer in advance. If our installer or technician is running late, we will attempt to contact you and reschedule the appointment at a time convenient for you. Repair and maintenance to the internet lines outside your home and repairs to any internet company owned equipment are provided to you free of charge. The company does not assert any ownership over wiring inside the home or residential unit. It is the responsibility of the customer to insure that all wiring inside their residence complies with FCC specifications. The company reserves the right to access a service charge for ongoing maintenance and for any repair or maintenance performed by the company in the event these facilities are not in compliance with FCC guidelines. Service can be terminated if the company is denied access in order to correct the technical problems that violate these guidelines.
We will normally respond to service interruptions (outages) as soon as possible, and no later than 24 hours from the time are notified of an interruption. We will normally respond to other non-outage service problems by the next business day. For outages beyond our control (such as natural disasters or severe weather related problems) we will respond as promptly as possible. We do everything to ensure trouble-free internet connection, but from time to time equipment failures can occur. BEH Communications customer service representatives are available during normal business hours and our after hours emergency reporting service is available 24 hours a day. Please call us in a timely manner when you notice the problem. We will not issue credit for service interruptions if we are not notified promptly or for situations beyond our control.
Billing and Payment
BEH Communications, LLC (the "Company") mails monthly bills. Internet services are billed in advance for the current month subscription and are due on or before the designated due date. The return portion of the bill should be mailed along with a check or money order for the amount specified on the bill. Do not mail cash. Please allow 7 days for processing. Bills should be mailed to the address specified on your bill. If payment is not received by the 10th of the month, a maximum processing fee or processing charge of $5.00 will be added to the customer's account. A maximum charge of $25.00 will be assessed for any returned check.
Transfer of Account Responsibility
Transfer of account responsibility from one customer to another is prohibited. All accounts must be closed and reopened under the name of the new customer.
Non Payment Disconnect Policy
Any customer with a balance than is more that forty five (45) days past due will be subject to disconnect for nonpayment. If disconnected for nonpayment, the customer will be required to pay a reconnection charge plus their outstanding balance plus the next month's subscription in full prior to reconnection. In the event that a customer pays the amount due at the time of disconnection, a maximum trip fee of $24.95 will be applied.
Disconnection (Customer Requested)
Upon decision to terminate service, all customers are urged to notify BEH Communications of their intention to disconnect at least 30 days in advance. Account holders are liable for all services rendered prior to the customer informing BEH Communications of his/her intention to terminate service. Information regarding the intended moving or disconnection date must be communicated to the business office during normal business hours. Refund checks will be issued within 4-6 weeks.
Customers with disconnected accounts and a balance due will receive a final billing. Customer balance more than 75 days past due will be sent to a collection agency. Failure to pay will appear on your credit report.
BEH Communications will allow 30 days from the date of receipt of the bill for a customer to register a billing dispute. A customer must remit the undisputed portion of his/her bill and be responsible for undisputed portions of current and future bills pending the resolution of the dispute. Internet service will not be disconnected solely for nonpayment of the portion of the bill in dispute during the investigation of the complaint. However, service may be discontinued for the unpaid portion not in dispute. If a dispute is not resolved to the customer's satisfaction, the customer has the right to follow the Complaint Procedures.
How to Reach Us
You can reach us by e-mail at BEH Communications or by calling 1-435-820-2693.
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