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Terms of Service

What is this document?

This document contains your Terms of Service (TOS). It is an agreement between you and Interconnect Wireless explaining the rights and responsibilities of Interconnect Wireless and you as an Interconnect Wireless customer.

By ordering a service from Interconnect Wireless Internet, or by using equipment provided by Interconnect Wireless Internet, you accept the terms and conditions contained in this agreement and agree to comply with its requirements. Interconnect Wireless is also bound by this agreement, although Interconnect Wireless has the right to update the terms of service and other policies with conditions.

We have done our best to make this document and other Interconnect Wireless policies understandable.

Scope of this Agreement

This Agreement shall be governed by, construed under, and enforced in accordance with the laws of the United States of America and the state of New York. In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. The Agreement, which incorporates by reference the Interconnect Wireless Acceptable Use Policy, embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral and all contemporaneous oral agreements and understandings relating to the subject matter hereof. Interconnect Wireless may amend the terms and conditions of this Agreement by giving you thirty (30) days’ notice. This notice may be in writing or may appear online. This Agreement is subject to modification by any authorized regulatory agency. This Agreement shall be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns.

Definitions

Customer, I, you, your: means a person, a company, or a legal entity who subscribes to a service provided by Internet Wireless.

User: This also refers to a person, company, or legal entity who subscribes to a service provided by Interconnect Wireless Internet, but also includes someone who also uses the same service.

Service: Any service provided by Interconnect Wireless Internet

Equipment: Means any hardware or device provided by Interconnect Wireless for us by a customer.

Interconnect Wireless Internet, we, us: Interconnect Wireless Internet, 38 North Main Street

New Berlin, NY 13411.

Customer Responsibility

You have certain responsibilities as a party to this agreement. Another section describes Interconnect Wireless’s responsibilities. You acknowledge that you accept this Agreement on behalf of yourself, your users, and all persons who use the equipment and/or service through this equipment. You have the sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this agreement, whether such breach is the result of the use of the Service and/or Equipment by you or another user. You agree to use your Interconnect Wireless supplied service from your own premises. You agree to provide Interconnect Wireless with accurate and complete billing information, including your legal name, address, driver’s license number and telephone number. If your address, phone number, name or other billing information changes, you will notify us within 30 days or your service may be suspended. By ordering and paying for an Interconnect Wireless service, you affirm that you are 18 years of age or older.

Payment

Interconnect Wireless will charge your credit card periodically as agreed when you signed up for service. You will be sent a statement by postal mail, or to the e-mail address provided when you signed up for service before payment is due. Payment will be deemed made when received by Interconnect Wireless Internet. If a credit card payment is declined by the payment service, it will be retried in 5 days’ time.

Payment may also be made by check. Checks may be made out to Interconnect Wireless and sent to 38 North Main Street, New Berlin, NY 13411

If your account becomes overdue, you will receive a notice by e-mail. At this time, Interconnect Wireless may take steps to reduce the service supplied or temporarily suspend the service and apply any applicable disconnection and/or reconnection fee. If your account remains overdue for more than 30 days, Interconnect Wireless may apply a late fee per month to the account. A service charge of up to $20 will be assessed for each check that is returned to Interconnect Wireless for insufficient funds. You will get your statement by e-mail supplied when you began service.

What happens if I break this agreement?

If you default or break this agreement, Interconnect Wireless may temporarily suspend or permanently close some or all of your services. Interconnect Wireless alone makes this decision. Suspending or closing your service does not limit Interconnect Wireless remedies or incur any liability to you (that is you don’t have to be credited downtime as a result of your defaulting). “Default” means failure on your part to comply with this agreement. This includes getting behind on your payments and breaking the provisions of this agreement or associated policies but is not limited to these situations. If you use your own equipment with the service provided by Interconnect Wireless in violation of any of the provisions of this agreement, Interconnect Wireless will notify you and take such action as is necessary for the protection of the service for users by its other customers. This may include disconnecting your service. Interconnect Wireless reserves the right to charge a disconnect and/or reconnect fee for any discontinued service.

Force Majeure (Disasters, Etc)

Neither you nor Interconnect Wireless is liable for any delay or failure in performance of any part of this agreement caused by any force majeure event even beyond your, or our, control and without your, or our, fault or negligence. These events include, but are not limited to, the events known legally as “Force Majeure”. Force Majeure refers to a number of situations that could affect you and Interconnect Wireless in performing your, or our, obligations: acts of civil or military authority, terrorist acts, nuclear accidents, government regulations, riots, strikes, embargoes, insurrections, extended power blackouts, natural disasters, epidemics, fires, severe weather conditions, environmental disturbances, war, explosions, legal and/or regulatory constraints.

If a Force Majeure condition occurs, the party injured by the other party’s inability to perform has two options (detailed below). The injured party has 30 days to choose which one. If the injured party does not inform the other within 30 days of being notified of a force majeure situation, the second option goes into effect.

Option One: The injured party may terminate the agreement if such force majeure condition results in a delay or failure to perform which continues for more than 30 calendar days.

Option Two: The injured party may suspend the service for the duration of the delaying cause and buy a similar service. After the emergency is over, this agreement and service will continue.

Interconnect Wireless Corp Responsibilities

Interconnect Wireless has certain responsibilities as a party to this agreement. Another section describes your responsibilities. Interconnect Wireless agrees to provide you with the service and required special equipment, provided that you comply with all the terms and conditions of this agreement. Interconnect Wireless also agrees to maintain the equipment provided by us. Another section details the terms over equipment. We will do our best to provide uninterrupted service. However, like any other telecommunications service provided, the service may experience temporary slowdowns or interruptions caused by overload, abuse, equipment modifications, upgrades, relocations, or repairs, and similar activities necessary for the proper operation and supply of the service, or disasters (see “force majeure” in another section). Interconnect Wireless will provide basic instructions on how to use the service. These instructions will be provided during the time of your installation by our installer. You are also entitled to technical support for the Interconnect Wireless provided equipment or service via phone or e-mail. We cannot provide technical support for any hardware, software or operating systems not provided by Interconnect Wireless Internet. If an Interconnect Wireless technician or representative is asked to provide support or repair for software or hardware that is not supplied by Interconnect Wireless Internet, a $50.00 labour charge will be applied to your next bill. If our technician is called out and the equipment at fault is not Interconnect Wireless equipment, a $50.00 labour charge will be applied to your next bill. If Interconnect Wireless cannot be made to work at your location because of distance, hills, trees, or any other cause, you will be refunded 100% of any payments you have made to us, subject to this agreement. You must return the equipment in good condition. Interconnect Wireless has no other liability if your location proves impossible to provide the service.

Paying for your Interconnect Wireless service

The price you will pay Interconnect Wireless is the monthly rate. Other fees and charges such as equipment leases and applicable taxes as established from time to time by Interconnect Wireless Internet. Interconnect Wireless reserves the right to modify the rates, fees, and charges at any time. You have the right to be notified of price changes at least 30 days before the new rate takes effect. You acknowledge that you may incur additional charges while using the service. If you make purchases over the Internet, those transactions are between you and the seller and have nothing to do with your relationship with Interconnect Wireless Internet.

Closing your Account

To close your account, you must notify Interconnect Wireless Internet. To add or remove services, or close an account, you must identify yourself to Interconnect Wireless Corp’s satisfaction. This is to protect unauthorized changes by other persons to your account. If you wish to cancel or close your account and terminate this agreement before it expires, an early termination fee of $240 may be charged. This fee will reduce by $20 each month of the term, for 12-month terms. If you wish to cancel a month-to-month service, you must provide 30 days’ notice of the closure of your account. Services will still be charged during this time.

Events that don’t qualify for credit

Most temporary service outages do not qualify for credit. You will not get credit for problems in the service caused by your own or others’ negligence or willful act (except as provided above) or for problems caused by weather or disaster-like situations. Please see force majeure. “Willful acts” include system failures caused by viruses, “hacking”, “cracking”, and other forms of remote malice. You will not get credit for loss of connectivity caused by technicians working to modify or repair Interconnect Wireless equipment. You will not get credit for a loss of connectivity less than 24 hours long. Interconnect Wireless may, however, issue credit on a case-by-case basis at Interconnect Wireless Corp’s discretion. If you believe that Interconnect Wireless has billed you in error, you must contact us or call within 30 days of the invoice or statement date. Refunds or adjustments will not be given for any charges that are more than 60 days old.

Upon termination of this Agreement or your account

You agree that upon the termination of this Agreement:

You will pay Interconnect Wireless in full for your use of the equipment and the service up to the effective date of termination of this agreement or the date on which the service and equipment have been disconnected and returned to Interconnect Wireless Internet, whichever is later. You will not receive a refund if you terminate service part-way through a month. You will allow Interconnect Wireless employees or contractors to access your premises to remove the equipment. This may mean coming into your house and climbing on your roof. We agree to arrange a time that is convenient for you and an Interconnect Wireless technician.

Term

This agreement becomes effective on the date on which you order your Interconnect Wireless service. Your first payment is due at the time your service is connected. This is also your start-of-service date. Your payments are due on the 15th day of every month. This agreement remains in effect for 12 months from your start-of-service date for all one (1) year agreements. At the end of the 12-month period, you must give 30 days’ notice that you wish to discontinue service or change to a month-to-month service plan. If no notice is given, the agreement will automatically renew for an additional 12-month period at the then-active rate for such service.

Credit for Down Time

Although we intend to maintain your service at all times, you have the right to be credited if through our negligence you lose service via Interconnect Wireless for more than 24 hours. In such a case, we will credit you 1/30 of the monthly base charge for each 24-hour period from the time of notice of interruption until the service restoration. The 24 hours must be continuous. You cannot add up shorter periods. To receive credit, you must notify the Interconnect Wireless office that your service is not working. Most types of outages do not qualify for credit. Please read the next section for your information.

Deposit

Interconnect Wireless may require a deposit to commence the supply of service.

Your Responsibilities

You agree to purchase Internet Services from Interconnect Wireless Internet, in accordance with the terms and conditions of this Agreement.

Credit for closed accounts

If you cancel your Interconnect Wireless service, we will refund that part of your latest payment which covers service up until your next invoice date excluding the 30 day notice period. Your setup and installation fees are non-refundable. You will always be refunded at the rate you paid. That is, if you got a discount, you will be refunded at the discount level, not at the standard level.

Entire Agreement

These terms and conditions together with the acceptable use policy and work order are the entire agreement between you and Interconnect Wireless Internet, which may only be amended as described above. These terms and conditions supersede any inconsistent or additional promises made to you by any of our employees or agents.

Computer Equipment

You are responsible for your own equipment that you use with the Interconnect Wireless service. For this agreement to be valid, your computer must meet minimum requirements (as determined solely by Interconnect Wireless Internet). It must be technically and operationally compatible with the service. Interconnect Wireless Corp’s responsibility for your Internet connectivity stops at the downstream end of the equipment. You are responsible for providing equipment capable of receiving and transmitting electronic data through a standard port.

Home networks

You may access the Internet via Interconnect Wireless from secondary computers on a home network within the limits of the Acceptable Use Policy. Your home network is not part of your Internet Wireless service or equipment. By accepting this agreement, you explicitly acknowledge that Interconnect Wireless will not provide technical support for equipment or software that is not part of the Interconnect wireless service or equipment. Allowing someone to connect to your home network from outside your premises and use your Interconnect Wireless service is strictly prohibited. If you do this, we may close your account. Giving someone outside your household or business your Interconnect Wireless login name and password is strictly prohibited.

Limitation of Liability

We will not be liable for interruptions in services caused by failure of your hardware or software, failure of communications services, power outages, or other interruptions, not within the complete control of Interconnect wireless internet, including but not limited to: acts of God; acts of the public enemy; acts of the United States a state or other political subdivision; fire, floods or other natural disasters; accidents; wars; labour disputes or shortages; and inability to obtain material, power, equipment or transportation.

INTERCONNECT WIRELESS CORP LIABILITY REGARDING YOUR USE OF SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES YOU INCUR FOR SERVICES DURING THE AFFECTED PERIOD. THIS MEANS WE ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEY’S FEES.

You agree that Interconnect Wireless will not be liable or responsible for any third-party claims or damages that arise from your use of another person’s use of services or internet access. Further, you agree to indemnify and reimburse us for all costs and expenses related to the defence of any such claims, including attorney’s fees. This provision will continue to apply after the Agreement ends.

Equipment supplied by Interconnect Wireless Internet

Interconnect Wireless agrees to maintain the equipment in working condition for the lifetime of this agreement. In case of equipment failure, Interconnect Wireless will troubleshoot, diagnose, repair, or replace the equipment within 48 hours. All equipment supplied by Interconnect Wireless Internet, except for any item that you buy and pay for in full, remains the property of Interconnect Wireless Internet. You may not mortgage, sell, transfer, lease, encumber, or assign all or part of the equipment. If you lose or break the equipment or turn it over to someone else as described in the previous paragraph, you must pay Interconnect Wireless the full retail cost of the repair or replacement. If Interconnect Wireless spends money in the effort to get the equipment back, you must also pay those costs. You will not modify, tamper with, or move the equipment. If you need the equipment moved, you must contact Interconnect Wireless and ask to have an Interconnect Wireless technician or contractor move the equipment for you. You may be charged for the callout, labour and materials required to move the equipment. If any equipment, including network components, is moved or modified by anyone other than Interconnect Wireless personnel (employed or contracted), and damage to the equipment results in Interconnect Wireless personnel or contractors being called out to your location to repair or replace it, you will be charged $150.00 for the visit in addition to any other charges specified in the Terms of Service. You authorized Interconnect Wireless and its employees, agents, contractors and representatives to enter your premises to install, maintain, inspect, repair, and remove the equipment. Interconnect Wireless agrees to arrange a mutually convenient time with you for these activities.

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