- Scope. PEPB will provide you with an End User Modem and if needed an External Antenna (“Modem/Antenna”) that is leased to you under the terms hereof. This Modem/Antenna is to be used only for the purpose of connecting to PEPB’s high-speed wireless Broadband Internet service (the “Service”). You are responsible for any use of the Service through your subscriber account (“Your Account”) and any other services (including third party services) that are accessed through Your Account. The Service provided under this Agreement is solely intended to offer you access to the Internet through the Modem/Antenna.
- Payment, Lease, Disclaimers. You shall pay PEPB for the Service in accordance with the payment terms in Section 3. The Modem/Antenna is provided to you under a lease arrangement only. The Modem/Antenna shall at all times remain the property of PEPB. You shall maintain the Modem/Antenna in good condition. PEPB owns the Modem/Antenna and shall have the right to repossess the Modem/Antenna from you if you fail to pay for the Service or violate any other term of this Agreement. Upon any termination of Your Account or this Agreement, the Modem/Antenna shall be returned to PEPB in good condition within 10 days of termination. In the event you fail to return the Modem/Antenna within said time period, you shall pay to PEPB the then prevailing retail cost of the Modem/Antenna. The Service itself is provided as is and where is, and without warranty of any kind, and there are no warranties, express or implied, for the Service. In the event an external antenna is required, additional fees may be charged. Bills shall be rendered monthly or at such intervals as PEPB may determine in its sole discretion, and shall be due for payment by the due date specified on the bill. Payments made after the due date will be subject to a late payment charge which will be computed as a charge of 5% on the unpaid portion of the bill. Should the due date of the bill fall on a weekend or holiday, the payment shall be due on the next business day following the due date. Payments received by mail with postmark on or before the due date will be considered paid by the due date and will not be subject to the late charge. Disconnect notices are not mailed separately from your bill. Service may be disconnected if the total amount due is not paid by the disconnect date specified on the notice. A fee of not less than $2.00 may be added to the bill if a notice is printed. Whenever service has been disconnected for nonpayment, or a trip made for the purpose of disconnecting service, a fee of not less than $35.00 may be charged before service is restored. PEPB may terminate your Service and repossess the Modem/Antenna without notice. If you default on your account, you agree to pay all costs of collection including attorney fees, collection fees, and/or contingent fees to a collection agency of not less than 35% of the delinquent amount, such contingency fee to be added and collected by the collection agency immediately upon your default and PEPB’s referral of your account to said collection agency.
- Your Service Plan. All monthly fees are due in advance either on the twenty-fifth (25th) day of each calendar month; or if you also have utility service with PEPB, then monthly fees are due on the date your normal utility bill is due to PEPB (partial months shall be pro-rated). If your plan is the Basic Residential Plan, you agree to pay a fee of $31.95 per month. If your plan is the Premium Residential Plan, you agree to pay a fee of $41.95 per month. An installation fee of $100.00 will be added to the first billing statement. You may terminate the agreement at any time without payment of a termination fee. Up to five (5) mailboxes are included in the residential plans
- Term & Termination. This Agreement remains in effect until terminated by either party. Either party may terminate this Agreement by giving written notice. Termination by you is subject to your payment of the remaining balance and your return of the Modem/Antenna; provided, however, that if you terminate the Agreement by the seventh (7th) day following the initiation of your Service for any reason, you may do so without any liability for Service fees or payments and your only responsibility is to return the Modem/Antenna. If your Service is terminated for any reason, PEPB has the right to delete all data, files and other information stored in or for your account, without liability to you for any such deletion or any information lost.
- Your Information; Acceptable Use. You are solely responsible for obtaining, installing, configuring, and maintaining suitable equipment and software as necessary to access the Service. PEPB is not responsible for back-up and restoration of your information. PEPB may decline to provide Service to you, or may immediately terminate your Service, if PEPB determines, in its reasonable judgment and discretion, that your use of the Service or Your Account violates any of the following actions: unlawful activity; accessing the accounts of others; penetrating security measures of any other person; bombarding computer accounts of others with uninvited communications, data or information; transmitting unsolicited voluminous emails; introducing viruses, worms, harmful code or other disruptive code or files; generating excessive amounts of Internet traffic beyond that customary for Your Account; using your PEPB account for the purpose of operating a server of any type, including a mail or web server, unless such usage is specifically permitted by PEPB in writing giving you permission to operate a commercial account; interfering with another person's usage or enjoyment of the Internet or the Service; posting or transmitting information or communications that are defamatory, fraudulent, obscene or deceptive, including scams such as "make-money-fast" schemes or "pyramid/chain" letters or “multi-level marketing” schemes; or engaging in any conduct or behavior that violates PEPB’s Terms of Service / Acceptable Use Policy, as may be amended or modified from time to time by PEPB.
- Limitations on Use; No Warranties; Limits on Liability & Remedies. The reliability and performance of Internet resources are beyond PEPB’s control and are not warranted by PEPB. PEPB is not responsible for any delays or disruptions of network transmissions. The Internet is not a secure network and third parties may intercept, access, use or corrupt the information you transmit over the Internet. PEPB does not warrant that files or information downloaded through the Service will be free of viruses or other disruptive code or that the Service will provide Internet access that meets your needs and it makes no warranty regarding any transactions executed through the Service.
- Provision of Service. The Service is provided on an “As Is” and “As Available” basis. PEPB does not warrant that the Service will perform at any particular speed or provide any specific bandwidth or throughput, or that transactions through the Service will be uninterrupted, error-free or secure. PEPB DISCLAIMS ANY AND ALL WARRANTIES FOR THE SERVICE AND ANY EQUIPMENT PROVIDED IN CONNECTION THEREWITH (INCLUDING ANY MODEM/ANTENNA), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY EXCLUDED. In no event shall PEPB be liable for any indirect, special, consequential or incidental damages, including damages for lost profits or revenues, or any damages for lost or damaged files or data, or any damages attributable to the use or inability to use the Service or any information obtained thereby, even if PEPB has been informed of the possibility or likelihood of such damages. PEPB’s maximum liability in the aggregate to you for any and all claims, regardless of form or cause of action, shall be limited in any and all events to the dollar amount paid by you for the current month’s Service under this Agreement. The limitations, exclusions, maximum liability provisions and disclaimers in this Section (collectively, the “Limitations”) apply to all claims by you irrespective of the cause of action underlying your claim, including warranty, breach of contract, product liability or product dissatisfaction or any form of tort, including allegations of PEPB’s negligence or misrepresentation. All such Limitations shall also apply in favor of Camvera Networks, Inc., the company with which PEPB has contracted for the provision of the Service, and PEPB’s officers, directors, agents, affiliates and subcontractors, all of whom shall be deemed as express third party beneficiaries of such Limitations. You shall never assert claims against PEPB or these beneficiaries if those claims are barred by the Limitations or the provisions of this Agreement and agree that any such claims shall be subject to immediate dismissal.
- General. PEPB will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including causes such as acts of a governmental body, acts of God, acts of third parties, fires, floods, or other inclement weather, strikes or other labor-related disputes, network or communication failures or failure of any communication link or facility, failures of software or hardware (including third party equipment or software or any software delivered or licensed to you), or an inability to obtain necessary or appropriate equipment, software or services. This Agreement, including all Schedules hereto, which are fully incorporated into this Agreement, constitutes the final and entire agreement between you and PEPB with respect to the subject matter hereof; and this Agreement represents a complete and exclusive statement of the terms of such agreement and supersedes any and all prior or contemporaneous agreements, understandings, negotiations or communications, whether written or oral. You may not assign, or otherwise transfer, this Agreement in whole or in part, and may not assign any rights or delegate any obligations under it. Any attempt to do so shall be void. You hereby agree to hold PEPB harmless for any damage, malfunction or loss of any of your computer hardware, software, data or information stored on your computer hardware which in any way arises out of your use of the Service hereunder.
By signing below, you confirm that you have reviewed the terms and conditions of this Agreement and have determined that the provisions contained herein are suitable for your needs, and that you have had an ample opportunity to consider whether to accept this Agreement. You confirm that the contractual allocations of risk and reward as set forth herein shall not be disturbed or overturned by any tribunal based on any extra-contractual considerations. You agree that you shall never assert any argument contrary to these provisions in any forum.
PEPB Online Disclaimer
As a PEPB Onlinecustomer, I understand and acknowledge that my wireless connection will be provided on a “best effort” basis and that the connectivity speed will depend on a number of factors, including:
- The distance between my computer location and the transmission tower. (The radio signal is strongest the closer you are to the transmission towers);
- The location of my computer within my home or business. (It’s best to be in a room with a window nearest the transmission tower);
- The type of building that houses my computer. (Metal buildings and mobile homes reflect the radio signals and therefore may require an outdoor antenna);
- The terrain between my computer location and the transmission tower. (The radio signal will not penetrate the earth; therefore, if you are in a low spot, signal reception may be impossible);
- The amount of foliage near my computer location. (The further away from the transmission tower, the more that heavy tree coverage and other foliage become an issue);
If using an outdoor antenna, the antenna must be securely mounted so that high winds and heavy rains will not reposition the antenna or get the cable connections wet, and the outdoor antenna must be properly grounded.
Further, I understand and acknowledge that my computer system must meet the following minimum requirements:
MINIMUM SYSTEM REQUIREMENTS
- Operating System - Your system must be running Microsoft Windows® 98 Second Edition or a subsequent version of Windows Microsoft, or Macintosh® OS 8.5 or a subsequent version of Macintosh OS. This includes Windows XP, Windows Me, Windows Vista, Windows 7 and Windows 2000. Please note that Windows 95 is NOT supported.
- Memory – Your system MUST HAVE a minimum of 64MB of RAM for Windows 98 and Me, and 128MB of RAM for Windows 2000 and XP. To find out how much Memory your system has, right click on “My Computer”, and then choose “Properties”. If your system does not have the required minimum memory, they you must add additional RAM.
- Network Interface Card – The wireless modem connects to your computer through your computer’s Network Interface Card (NIC) or “Ethernet Card.” Your computer must be equipped with this card.
- Routers – PEPB Online does not at this time support any and all routers or home networking equipment. PEPB will not configure nor troubleshoot any and all routers and or home/business networking equipment
*Service will be established to a stand-alone computer only.