Agreement for Wireless Internet Access
This
WIRELESS ACCESS AGREEMENT (the "agreement") is entered on this date
____________________, between ("Pulsar Communications, a California Corporation"),
and _______________________________("Client").
1.Pulsar
Communications shall provide Client one connection to the Internet.
2. Client shall pay Pulsar Communications the sum of
$_____________ per month during the term hereof plus a one time installation
fee of $_____________ which shall be due upon Client execution hereof. There is
a maximum monthly transfer limit (up and down together) of 6GB for residential
users, and 10GB for business users. Usage over the maximum transfer limit will
be billed in $10 per GB increments.
3. Client agrees to a 12-month minimum service commitment,
in order for Pulsar Communications to recoup the cost of the equipment. In the
event that Client terminates service during the first 12 months, the remainder
of the 12 months of service is due to Pulsar Communications immediately.
4.
Pulsar Communications is not responsible or liable for any of the following:
·
Any obstruction(s)
that might be erected or grow between my antenna and Pulsar Communications
access point causing degradation or loss of service
·
Debris or ice on
Antenna
·
Re-aiming the antenna
later than 14 days after installation
·
Installing or
configuring hardware and/or software after initial installation
·
Re-configuration of
computer settings due to, but not limited to: tampering, re-installation of
operating system, accidental removal, moving the hardware to another computer
5.
I understand that wireless Internet connectivity requires direct radio line of sight,
and that any obstruction between Pulsar Communications and my antenna may block
my signal.
6.
I understand that setup fees are non-refundable if the wireless connection is
operable and that setup fees are not refundable later than 14 days after installation.
Setup fees are only refundable if the connection is not working within 14 days
after installation.
7.
The wireless radio, antenna, cable and mounting hardware are the property of
Pulsar Communications, and will be returned to Pulsar Communications, in
original condition, within 5 days of my service termination. I will allow
Pulsar Communications employees to remove the hardware from my building. Failure to return the equipment in good
working order will result in the customer paying for replacement charges.
8.
I understand that because tree leaves hold water, they absorb the microwave
signal, and that will degrade or disrupt my connectivity. By getting equipment
installed during a time of year when there are little or no leaves in the
trees, I run the risk of loosing connectivity when the leaves come back on the
trees. I may require extra hardware and setup at that time. Pulsar
Communications shall not be held liable for any charges, nor will I be entitled
to any type of refund.
9.
This agreement shall commence on the date the Connection is activated (the
"Activation Date") which shall be on or before
_________________________ for a term ending 12 months later at which time this
agreement shall automatically renew on a month to month basis unless terminated
by either party at least 15 days prior to the then current date for
termination. Pulsar Communications reserves the right to change its rates for
any renewal term by updating prices on its website.
10.
This Agreement does not include equipment charges other than the radio, pigtail
cable, antenna cable, antenna and mounting hardware, which will be provided by
Pulsar Communications.
11.
Client authorizes Pulsar Communications to charge Client’s credit card monthly
for all amounts due and owing to Pulsar Communications. Client's account may be terminated if payment
cannot be made to the credit card and an alternate form of payment is not
received within 5 days of due date.
There is a $10 late fee for failed credit card transactions.
Signature: _______________________ Date: _________________
12.
If Client terminates this Agreement anytime after implementation, but before
expiration, Client will pay a lump sum equal to the charges of the remainder of
the then current term of the Agreement in no case greater than 1 year. If
Client is terminated by Pulsar Communications for violation of the Acceptable
Use Policy, Client shall pay, immediately, a lump sum equal to the charges for
the remainder of the then current term of the Agreement. If the service becomes unavailable due to no
fault of the user, and Pulsar cannot fix the problem within one week, client
will not be charged for subsequent service until the problem is fixed.
13.
Pulsar Communications offers Client access to the Internet. Client hereby
acknowledges that the Internet is not owned, operated, managed by, or in any
way affiliated by Pulsar Communications or any of it's
affiliates, and that it is a separate network of computers independent of
Pulsar Communications. Client's use of the Internet is solely at Client's own
risk and is subject to all applicable local, state, national, and international
laws and regulations. Access to the Internet is dependent on numerous factors,
technologies, and systems, many of which are beyond Pulsar Communications
authority and control.
14.
Pulsar Communications network can only be used for lawful purposes. The
transmission of any material in violation of any local, state, national, or
international law or regulation is prohibited. This includes, but is not
limited to, copyrighted material, material legally judged to be threatening or
obscene, material protected by trade secret, or material that is otherwise
deemed to be proprietary or judges by Pulsar Communications to be inappropriate
or improper such as bulk e-mail messages.
15.
Access to other networks connected to Pulsar Communications network must comply
with the rules appropriate for that other network. Pulsar Communications
exercises no control whatsoever over the content of the information passing
through its network.
16. Pulsar Residential Service is designed for personal
and family use within a single household. You agree that you will not use, nor
allow others to use, Pulsar Residential Service to operate any type of business
or commercial enterprise. Running music transfer software, game servers, peer-to-peer
programs, or other applications that use an excessive amount of bandwidth may
lead to termination of your account.
17.
Pulsar Communications makes no warrantee, expressed or implied, including, but
not limited to, those of merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, non-deliveries,
miss-deliveries or service interruption however caused. Use of any information
obtained by Pulsar Communications network is at Client's own risk. Pulsar
Communications specifically disclaims any responsibility for the accuracy or
quality of information obtained through its services.
18.
Routine maintenance and periodic system repairs, upgrades and reconfigurations,
public emergency or necessity, restrictions imposed by law, acts of Nature,
labor disputes and other situations, including mechanical or electronic
breakdowns may result in temporary impairment or interruption of service. As a
result, Pulsar Communications does not guarantee continuous or uninterrupted
service and reserves the right from time to time to temporarily reduce or
suspend service without notice. Client shall indemnify and hold Pulsar
Communications and its directors, officers, employees, and agents harmless from
any and all obligations, charges claims, liabilities, costs and fees incurred
as the result of interruptions or omissions of service.
19.
Upon the occurrence of a default by Client of any provision hereunder, Pulsar
Communications reserves the right, in addition to any other remedies which may
be available to it, to terminate this Agreement and the services to Client
hereunder.
20.
Client shall indemnify Pulsar Communications, its affiliates, officers,
directors, licensees, and licensers from any and all claims and expenses,
including, without limitation, reasonable attorney's fees arising from Client
breach of any provision of this Agreement.
21.
This Agreement is deemed to be entered into the State of California and the
parties agree that any dispute arising under this Agreement shall have it's
venue in Glenn County, California and any such dispute shall be governed by and
constructed in accordance with the laws of the State of California.
22.
Pulsar Communications may assign this Agreement without Client's prior consent
and all of Pulsar Communications rights, title, and interest herein shall inure
to the benefit of such assignee, its successors and assigns. This Agreement
shall not be assignable by Client except with the written consent of Pulsar
Communications. Subject to the foregoing, this Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective successors
and assigns.
23.
Neither party shall disclose any of the terms and conditions of this Agreement
without prior written consent of the other, provided, however, in any of its
sales and marketing materials, Pulsar Communications
may refer to Client as its customer.
24.
Pulsar Communications may modify these terms and conditions upon written notice
published on its website. Client's continued use of service after such notice
shall constitute Client's acceptance of the modification of this Agreement
implied in fact.
25. If any one of the paragraphs in the Agreement
is found to be unenforceable or invalid, User's and Pulsar Communications
agreement on all other paragraphs is not affected.
26.
This Agreement contains the entire agreement of the parties hereto with respect
to the matters covered hereby and superseded any other prior or simultaneous
agreement related to such matters.
Pulsar
Communications:______________________________________(530-517-0718)
Client:____________________________________________________
Date:_______________________________