Terms Of Service

 

 

TERMS OF SERVICE

 

THIS TERMS OF SERVICE POLICY (“TOS” OR “POLICY”) IS A MATERIAL PART OF ANY AGREEMENT WITH SERVICE PROVIDER FOR PROVISION OF ITS SERVICES TO ITS CUSTOMERS. PLEASE READ AND FOLLOW THIS POLICY CAREFULLY. THIS POLICY MAY BE REVISED FROM TIME TO TIME BY SERVICE PROVIDER, OR AS OTHERWISE SET FORTH BELOW.

 

In consideration of the covenants and agreements herein contained, LOST CREEK WIRELESS LLC and its affiliates, (collectively “Service Provider”) and Customer covenant and agree as follows:

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1.Internet Services — Service Provider shall provide to Customer a connection to the Internet for lawful uses only via Service Provider's telecommunication and/or computer facilities, which shall be operated seven (7) days per week, twenty-four (24) hours per day (the "Services"), subject to temporary unavailability or interruptions due to service requirements, network maintenance, repair and modification, facility upgrades, acts or omissions outside of Service Provider's control, acts of nature, and force majeure. The Services provided by Service Provider pursuant hereto are subject to all of the terms and conditions of this Agreement.

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(VoIP Only Sections 2-5)

2. Voice Services — Telephone service may be provided using VoIP technology including local extension dialing, direct incoming and outgoing dialing, voice mail, multi-line calling, auto attendant, call holding, call conferencing, incoming direct dialing, 911-service, unlimited local calling in the Local area, unlimited nationwide long-distance calling. Fax service including unlimited local and nationwide long-distance service, International Calling and incoming direct dialing. The quality and availability of the telephone services are delivered over, and dependent upon the quality, availability, and usage rates (when using metered service) of the Internet service. All communication will be established over internet connections of various types including but not limited to Fiber, Cable, DSL, and Satellite Internet. VoIP services are particular latency and jitter sensitive and should be tested prior to ordering of services.

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3. Voice Equipment— Computers, phones, fax adapters, network cables, network switches, and routers may be required for provision of Service and will be located both at LOST CREEK WIRELESS LLC, Customer sites, and remote facilities. Specific models and quantities may be required for optimal network operation. The types of equipment, models and quantity requirements are subject to change without explicit notice from the Service Provider. Additional equipment may be required in the future. Customer must already own, lease, and/or purchase applicable equipment from Service Provider or third party.

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4. E911— Customer shall be bound by all of the terms of Service Provider’s e911 policy and is subject to periodic review and updating without customer’s consent or additional modification to this agreement.

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5. Limitations on access to E911 Services— (a) You should consider maintaining an alternate means of contacting E911 services. The Service Provider E911 service differs from traditional E911 service. You understand and acknowledge that you should consider having an alternate means of contacting E911 services and (b) Service Provider emergency services may not operate during a power outage. You understand and acknowledge that you may not be able to use your device to contact E911 services if your power is disrupted. Once power service is restored, you may be required to reset or reconfigure your Internet service before you will be able to use it to contact E911 services. You are responsible for providing an uninterruptible backup power supply to ensure continued operation of electrical equipment, including customer premises equipment necessary to provide Internet service, in the event of a power outage. (c) E911 services will not operate if your broadband connection is disrupted. You understand and acknowledge that you will not be able to use your device to contact E911 services if your broadband connection is disrupted. Once your broadband connection has been restored, you may be required to reset or reconfigure your Internet equipment before you will be able to use the device to contact E911 services. (d) E911 services will not operate unless you register your correct service address with Service Provider for each specific Direct Inward Dial “DID” or Telephone Number “TN”. You understand and acknowledge that you must provide Service Provider with your correct service address in order for E911 services to work. If you notice that the location information identified in your 911 registration section of the Service Provider menu is inaccurate, you can correct your service address by going to the e911 menu via Service Provider’ web portal and selecting E911. (e) E911 services will not operate correctly if you disable, damage or move the device to another location. If you disable, damage or move the device to a location other than the service address you provided when it was registered, it will not function properly and result in an Emergency Call Routing Center “ECRC” Call. If you wish to move to a new address, go to the web menu and select the E911 option. For each TN or DID for which Customer desires emergency calling services, Customer must provide Service Provider with each TN and provide a correct and valid emergency response address for that TN. Customer must update this information whenever necessary to reflect changes. The required information must be accurately set forth in the system in order to provide full 911 service functionality. If a 911 call is made from a non-provisioned or improperly provisioned telephone number, the call will not be automatically routed to the correct PSAP. Instead, that 911 call must be handled by the backbone provider’s 24/7 Emergency Call Routing Center and Customer must pay a per-call ECRC charge of $300.00, payable immediately via Service Provider invoice. Customer acknowledges that if it chooses the PSTN emergency call routing option, it is responsible for all ECRC call charges even if erroneous calls are placed by unknown persons or companies that happen to accidentally or purposely dial the Companies’ private emergency number assigned to it by Service Provider. Companies placing five or more calls routed to the ECRC in any month will be subject to an additional $1,000.00 penalty fee, payable immediately via Service Provider invoice. Service Provider may terminate this Schedule if Customer fails to correct nonprovisioned or improperly provisioned TNs and addresses, resulting in repeated monthly penalties (f) Service Provider E911 service will not operate properly outside of the United States, Canada, or the registered address of record for the Phone Number. (g) Service Provider is only able to provide E911 service in cities and towns where the local Public Safety Answering Point, or PSAP, is technically capable of receiving your address information with your E911 call. If the PSAP that serves your area is not equipped to receive your Service Provider registered address, you will need to provide the 911 operator with your address information orally.

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6. Access Right — Customer shall provide Service Provider with timely access to Customers’ property and equipment as reasonably required to provide the Services. Customer shall be responsible to obtain required access rights and pay any fees incurred relative to access at Customers own expense except as expressly stated in the applicable SERVICE AGREEMENT. Service Provider will coordinate with and, except in an emergency, rely on Customer to grant or obtain consent to enter upon Customers’ property and premises, as applicable, which consent shall not be unreasonably withheld. Access rights mean the right to construct, install, repair, maintain, inspect, replace and remove Service Components and the right to use ancillary equipment space within a building to connect an Customer’s Site to Service Provider's network. Customer must provide Service Provider with timely information about and access to Customers’ facilities and equipment as Service Provider reasonably requires in order to provide the Services, subject to reasonable security policies. Customer has the responsibility to furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities and other items as Service Provider reasonably requires for the Services and to obtain any necessary licenses, permits and consents (including easements and rights-of-way). Sites must be ready for Service Provider to perform its work according to the agreed upon schedules. Sites must be free from Hazardous Materials and be reasonably suitable for the Services. “Hazardous Materials” mean any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal or release is regulated by any law related to pollution, to protection of air, water or soil or to health and safety. Service Provider shall have no obligation to perform work at a location that is not a suitable and safe working environment or to handle, remove or dispose of Hazardous Materials.

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7. Customers Own Equipment— Service Provider is not responsible to maintain, operate or configure equipment purchased by Customer except where specified in a service contract. Service Provider will not work on, install, or take responsibility for any Customer-owned equipment or computer systems. Any purchased equipment, even if purchased from Service Provider, is Customers Own Equipment.

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8. Installation — Customer is responsible for the installation and configuration of Customer’s own equipment.

 

9. Payment — Customer shall pay Service Provider a one-time activation charge upon execution of the (RESIDENTIAL OR COMMERCIAL) SERVICE AGREEMENT (“SERVICE AGREEMENT”) in accordance with its fee schedule. THIS ACTIVATION CHARGE SHALL BE NONREFUNDABLE UNDER ANY AND ALL CIRCUMSTANCES. Thereafter, Customer shall pay Service Provider a monthly fee in accordance with the SERVICE AGREEMENT fee schedule.  REFUNDS FOR ANY PORTION OF AN UNUSED MONTHLY, QUARTERLY, SEMI-ANNUAL OR ANNUAL PAYMENT UPON CANCELLATION OR TERMINATION OF THE SERVICES BY EITHER PARTY FOR ANY REASON MUST FOLLOW REFUND POLICY in Section 18. Service Provider shall not be responsible for the payment of any telephone or other connected equipment or service charges or taxes incurred by Customer in connection with Customer's utilization of the Services, which such expenses are, and shall remain, the sole liability and responsibility of Customer. Customer acknowledges, covenants and agrees that it shall pay all of Service Provider's attorney’s fees, court costs and expenses of litigation if Service Provider incurs same in enforcing this Agreement or because Customer has failed to pay any amount due hereunder on or before the due date therefore, whether or not litigation is actually commenced.

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10.Late Payment Fee Assessment — Any and all amounts not paid when due shall be subject to Late Fee of Ten (10) Dollars recurring on the due date for 2 bill cycles, at which if balance not satisfied LCW will terminate service and reclaim all property owned by LCW subject to Section 6.

 

13.Term and Termination — (a) The Term of this Agreement shall commence on the day and year that services are made available to the Customer regardless of service utilization. Term of this Agreement (including any renewal Terms) shall automatically renew for additional periods of one (1) month unless either party gives written notice to the other party of their intention to terminate this Agreement at least thirty (30) days prior to the end of the then-current Term. (b) Service Provider may terminate this Agreement and its obligation to provide Services pursuant hereto without notice to Customer upon: (i) Customer’s failure to pay any amounts due and owing pursuant hereto within ten (10) days after the date of the invoice therefore; or (ii) Service Provider's determination that Customer has used the Services fraudulently, unlawfully or abusively, and has failed or refused to cease such fraudulent, unlawful or abusive use within two (2) days after Service Provider's sending of notice thereof to Customer, or at any time after such notice is given, if Customer recommences such fraudulent, unlawful or abusive uses; or (iii) Customer's breach of the terms and conditions incorporated herein by this reference as if fully set forth herein and failure or refusal to cure any breach of this Agreement(other than as set forth in subparagraph (b)(i) and (b)(ii)) within two (2) days after notice of such breach has been sent by Service Provider to Customer. Upon such termination, Customer acknowledges and understands that Service Provider shall remove and delete all of Customer's electronically stored data from Service Provider's facilities without further notice or any liability of any kind, nature or description whatsoever to Customer, and Customer hereby expressly authorizes Service Provider to undertake such removal and deletion. (c) In addition to the remedies described above, Service Provider may, in its sole and absolute discretion, elect to suspend or interrupt Services under this Agreement upon: (i) Customer's failure to pay any amounts due and owing hereunder within ten (10) days after the date of the invoice therefore; or (ii) Service Provider's determination that Customer has used the Services fraudulently, unlawfully or abusively. Upon its determination to suspend provision of Services hereunder, Service Provider shall notify Customer that the Services hereunder have been suspended and the reason therefore, but covenants and agrees not to remove any of Customer's electronically stored data from Service Provider's facilities unless and until this Agreement is canceled. Customer acknowledges and understands that its obligation to make payment hereunder for the Services is and shall not be abrogated, delayed, excused or otherwise relieved by a suspension of the Services provided by Service Provider or termination of the Agreement by Service Provider. (d) The rights and remedies provided by this Agreement are given in addition to any other rights or remedies Service Provider may have by law, statute, ordinance or otherwise. All such rights and remedies are intended to be cumulative, and the use of any one right or remedy by Service Provider shall not preclude or waive its right to use all other rights and remedies. (e) Service Provider may discontinue service at any time without reason at its sole discretion. Any derogatory, inflammatory, or other type of posts on any public forum, social network, etc. that Service Provider believes will have a negative impact on the company or any of it's affiliates will be grounds for immediate termination of service with no refund.

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14.Indemnification — Customer covenants and agrees to defend, indemnify and hold harmless Service Provider, its parents, affiliates and subsidiaries, and its and their respective officers, directors, shareholders, employees, contractors, agents and representatives, of, from and against any and all actions, causes of action, claims, costs, damages, expenses, interest, judgments, liabilities, penalties, and suits whatsoever (including, but not limited to, reasonable attorney’s fees, court costs, expert witness fees and expenses of litigation) whatsoever imposed upon, incurred by or asserted against Service Provider and/or any of its parents, affiliates, subsidiaries, officers, directors, shareholders, employees, contractors, agents and representatives, which arise, directly or indirectly, out of any use by Customer of the Services provided by Service Provider or from Customer's breach or violation of any of the terms and conditions hereof.

15.Disclaimer of Warranties — Customer acknowledges, understands and agrees that Service Provider exercises no control whatsoever over the content, accuracy or quality of the data and information passing through its network or any products or services ordered by Customer via its network. The Services, and any information, products or services obtained by Customer through its use of the Services, are provided "AS-IS". Service Provider makes no warranties or representations of any nature or description, either express or implied, with respect to the services to be provided hereunder including, without limitation, any warranties of non-infringement, quality, performance, merchant ability or fitness for a particular purpose or use. This disclaimer of warranties constitutes an essential part of this agreement.

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16.Limitation of Liability — (a) Under no circumstances and under no legal theory (tort, contract or otherwise) shall Service Provider be liable to Customer or any other person or party for damages of any kind or nature including, but not limited to, any direct, indirect, special, incidental, consequential or punitive damages of any character whatsoever, arising out of its provision of the Services hereunder, or its failure to provide the Services hereunder, including, but not limited to, damages for loss of goodwill, work stoppage, computer failure or malfunction, or losses of data or information due to delays, non-deliveries, mis-deliveries or interruptions in service, regardless of the cause therefore.

 

17. PROHIBITED USES--- In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

18. REFUND POLICY--- If you wish to cancel service and feel you are owed a refund please contact our main contact number at 417-553-1959. Refunds are issued on a 30 day prorated service. Credits will be given for the remaining unused days in the 30 day cycle. Installation fees are non-refundable. (Unless irreversible damage has been done to Customers property via non-standard installation practices.) in which the customer has 30 days from date of installation to notify LCW of damages. Once it has been determined LCW caused the damage a full refund will be issued.

 

19. GOVERNING LAW--- These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of THE STATE OF MISSOURI, United States.

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Terms & Conditions Effective: 04/28/2020