This Agreement, made by and between SkylinkFiber.net with its principal office in The Dalles, Oregon and Customer, with a service address and contract term as stated on the signature page, for the purpose of setting forth the terms and conditions relating to Customer's use and the purchase of SkylinkFiber.net’s products and services (the "Services"). Please read these terms of service and conditions (“Terms”) carefully prior to using SkyLinkFiber.net’s services. By Accessing or using SkylinkFiber.net’s services, you and the entity you are authorized to represent (“you” or “your”) agree to be bound by these Terms.
1.1 SKYLINKFIBER.NET agrees to provide Customer with access to the computer network known as the Internet via a wireless radio link to Customer’s location, as detailed above.
1.2 The speed and reliability of wireless connections is dependent upon many uncontrollable factors, including but not limited to, electromagnetic interference, antenna placement, and physical obstructions.
The initial term of this Agreement shall be as agreed to by the parties on the contract signature page. Services provided beyond the initial term will be on a month-to-month basis.
3.1 SKYLINKFIBER.NET Equipment. SKYLINKFIBER.NET will provide and retain ownership of:
3.1.1 ONE radio/antenna, mounting hardware to attach the radio/antenna to the customer’s premises
3.1.2 ONE Power over Ethernet Box
3.1.3 Cable to connect the radio/antenna to the customer’s equipment.
3.1.4 Other equipment as detailed on the signature page.
3.2 Customer Equipment. Customer will provide or install and retain ownership of:
3.2.1 Personal computer(s) with operating systems and hardware that meet minimum recommended requirements.
3.2.2 If connecting a single computer, a network interface card. If connecting multiple computers, a local area network and any networking devices (e.g., Ethernet hub or switch) to be connected via a single point to the cable supplied by SKYLINKFIBER.NET.
3.2.3 Firewall(s), anti-virus software or other network and computer security measures.
3.2.4 Other equipment (Personally Owned Wi-Fi Router) as detailed in on the signature page.
4. Installation Process
4.1 SkylinkFiber.net will install Internet Access at your residence or business. If you are a renter and not the owner of the structure where installation will be done, you agree that you have permission from the owner and/or take full responsibility for the Internet installation.
4.2 SkyLinkFiber.net will place a 3/8's inch to 1/2-inch hole through the side of the house or business structure to install a piece of Ethernet cable.
4.3 SkyLinkFiber.net will mount an antenna/radio on the structure (roof penetration is a last resort).
4.4 SkyLinkFiber.net will install a Power-Over-Ethernet box with its power adapter inside the home.
4.5 All installation activities will be performed with extreme caution, but sometimes problems arise that are beyond SkyLinkFiber.net’s control. SkyLinkFiber.net will not be held liable for damages occurring during or as a result of the installation process.
5. Access to Customer’s Premises
Customer authorizes SKYLINKFIBER.NET and its employees, contractors and representatives to install, inspect, maintain, repair, replace or remove equipment SKYLINKFIBER.NET installs at Customer’s premises. SKYLINKFIBER.NET may limit or suspend the availability of service to perform necessary maintenance or upgrades. If Customer does not own premises, Customer assumes complete responsibility for obtaining any necessary permission from the owner of the premises.
6. Equipment Relocation
Customer understands that relocation of the equipment may affect SKYLINKFIBER.NET’s ability to supply service. If Customer deems that equipment needs to be moved, Customer will contact SKYLINKFIBER.NET prior to making changes, and understands that additional costs will be incurred. Customer also understands that changes in the environment, such as building construction or changes in the use of the radio frequency spectrum, may affect SKYLINKFIBER.NET’s ability to supply service.
7. Payment Terms
Customer will incur regular charges a detailed on the signature page.
7.1.1 SKYLINKFIBER.NET invoices are electronically sent to Customer’s personal e-mail address on the 24th of each month for the following month of service
7.1.2 Charges for the Services are due no later than the 20th of each month by Customer.
7.1.3 Customer may be required to pay a deposit before services are provided.
7.1.4 SKYLINKFIBER.NET may increase charges upon notice to Customer.
8. Technical Support
8.1 Remote On-Call Technical Support
8.1.1 SKYLINKFIBER.NET’s technical support obligations extend only to equipment provided by SKYLINKFIBER.NET. SKYLINKFIBER.NET shall not be responsible to provide support for Customer provided/owned equipment.
8.1.2 SKYLINKFIBER.NET agrees to provide Remote On-Call Technical Support for topics related to the services provided by SKYLINKFIBER.NET as detailed in Schedule 1. Remote On-Call Technical Support may be provided via telephone, email, SMS text, or other messaging medium.
8.1.3 Remote On-Call Technical Support is dependent upon the Customer’s willingness and ability to participate in troubleshooting activities. If the Customer refuses to participate in reasonable troubleshooting activities, the Customer may be liable for a $35 Tech Service Fee.
8.2 On-Site Technical Support
8.2.1 Technical Support issues that cannot be resolved remotely may require SKYLINKFIBER.NET to mobilize a technician to the Service Location.
8.2.2 If SKYLINKFIBER.NET Technician’s find that Service Issues have been caused by a failure of any SKYLINKFIBER.NET- Provided equipment, the Customer will not incur any fees for On-Site Technical Support.
8.2.3 If the Service Issue was NOT caused by any failure on the part SKYLINKFIBER.NET, the Customer may be responsible for charges/fees, up to and including the following:
220.127.116.11 $35 Tech Service Fee
18.104.22.168 $35 Hourly Labor rate per hour, beyond the first hour
22.214.171.124 Mileage Fee: $0.56/mile for service locations more than 15 Miles from the SKYLINKFIBER.NET .
9. Termination by SKYLINKFIBER.NET
Termination pursuant to this section may occur without prior notice to Customer. In addition to any other rights, it may have under this Agreement or applicable law, SKYLINKFIBER.NET may, at its option, immediately terminate this Agreement upon
9.2 Customer's failure to comply with any other obligation of Customer pursuant to this Agreement, including but not limited to, failure to comply with any provision of the Acceptable Use Policy;
9.3 Customer ceasing to do business in the normal course, becoming or declared insolvent or bankrupt;
9.4 Inability to achieve or maintain line of sight or other radio spectrum requirements to provide reliable service to Customer’s premises with SKYLINKFIBER.NET’s radios; or
9.5 any attempt by Customer to derive any source code from SKYLINKFIBER.NET's services or products.
10. Termination by Customer
10.1 Customer may terminate this Agreement in the event of a material breach by SKYLINKFIBER.NET of its obligations under this Agreement where such breach is not cured within 30 days after SKYLINKFIBER.NET is notified of the breach in writing by Customer. In the event of such a termination, Customer shall pay the Charges for the Services used by Customer prior to the termination date.
10.2 If Customer elects to Terminate Services prior to the end of the Initial Term agreed to in Article 2, Customer shall be liable for Early Contract Termination Fees. Early Contract Termination Fees will be calculated as the lesser of the following, plus a $35 service fee:
10.2.1 The difference between the Initial Term Contract rates/fees and standard month-to-month rates/fees
10.2.2 The remaining value of the contract
10.3 If applicable Contract Termination Fees are not paid within 45 days, SKYLINKFIBER.NET reserves the right to send the account to collections.
11. Rights and Obligations on Termination
11.1 On termination, SKYLINKFIBER.NET shall have no further obligation to provide Services to Customer. Without relieving Customer of its obligations hereunder, on termination, Customer shall
11.1.1 Pay and remain liable for all amounts due SKYLINKFIBER.NET hereunder
11.1.2 Return to SKYLINKFIBER.NET all radios, software, access keys and any other property provided to Customer by SKYLINKFIBER.NET for no charge.
11.2 If a service technician is needed to remove the equipment there is a fee up to $65.00 for uninstalling. SKYLINKFIBER.NET reserves all available rights and remedies following termination. Notwithstanding any termination, the rights and obligations of both parties under Sections 3, 9, 13, 14, 15, 18 and 19 shall survive such termination.
11.3 Termination charges: Customer may incur the following charges upon contract termination:
11.3.1 Service Fee: $35 for equipment retrieval by a SKYLINKFIBER.NET Technician
11.3.2 Mileage Fee: $0.56/mile (or current Standard Mileage Rates) for locations more than 15 Miles from the SKYLINKFIBER.NET main office.
11.3.3 Equipment Fees: If SKYLINKFIBER.NET-provided equipment is not returned, or is returned damaged
126.96.36.199 Power Over Ethernet Adapter: $25
188.8.131.52 Wireless Router: $75
184.108.40.206 Antenna/Radio(s): Current Market replacement rates, up to $500
11.3.4 Charges will continue to accumulate on your account regardless of interruptions until the complete equipment set-up is returned to our office, retrieved by SKYLINKFIBER.net or until the account is sent to collections.
11.3.5 If balance is not paid within 45 days of service termination, SKYLINKFIBER.NET reserves the right to send the account to collections.
12.1 Customer shall be responsible for paying any sales, license and use taxes, fees, or assessments levied by any local, state, or federal government or governmental agency with respect to the provision of services and products under this Agreement. Customer will pay and be solely liable for all taxes, fees and charges levied directly upon it.
12.2 SKYLINKFIBER.NET may pass through and invoice to Customer any new or increased fees, assessments, taxes or other charges imposed on or required to be collected by SKYLINKFIBER.NET by any governmental agency.
13. Acceptable Use Policy
13.1 Customer shall not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with SKYLINKFIBER.NET's ability to provide high quality Services to other customers, prevents or restricts other customers from using the Services, or damages any SKYLINKFIBER.NET's or other customers' property. If SKYLINKFIBER.NET finds that the Customer is using the Services for anything other than permitted uses as stated in this Agreement or for any of the prohibited uses in this Agreement, SKYLINKFIBER.NET may at its sole discretion terminate the Service and charge the Customer any applicable fees for the Services used plus damages caused by improper use.
13.2 Prohibited uses include, but are not limited to:
13.2.1 Behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive fraudulent, malicious, infringing, tortious, or invasive of another's privacy.
13.2.2 Sending unsolicited messages or advertisements, including email, voicemail, SMS, or faxes (commercial or otherwise) ("spamming"), or otherwise sending bulk and/or junk email, voice mail, SMS, or faxes.
13.2.3 Harvesting or otherwise collecting information about others, including email addresses, without their consent.
13.2.4 Negligently, recklessly, knowingly, or intentionally transmitting any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.
13.2.5 Creating a false Caller ID identity ("ID spoofing") or forged email/SMS address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services.
13.2.6 Transmitting any material that may infringe, misappropriate, or otherwise violate the foreign or domestic intellectual property rights or other rights of third parties.
13.2.7 Violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Services.
13.2.8 Utilizing the Services in excess of what, in SKYLINKFIBER.NET's sole discretion, would be expected of normal use.
13.2.9 Using the Services in any way that interferes with other customers' and third parties' use and enjoyment of the Services or use the Services in any manner which disrupts, prevents or restricts any other customer from using the Services.
13.2.10 Using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit, or otherwise avoid this Use Policy.
13.2.11 Using the Applications or Services to store PHI on a non-temporary basis.
13.3 The Customer further understands and agrees that:
13.3.1 Customer shall be solely liable for any transmissions sent and data stored through the Services under the Customer’s Account, including the content of any transmission sent and data stored through the Services under the Customer’s account.
13.3.2 Customer shall not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.
13.3.3 Under ORS 163.693, SKYLINKFIBER.NET is obligated to report to law enforcement if we come across anything that appears to be a visual recording of a child involved in sexually explicit conduct.
13.3.4 Customer’s use of the Services is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws, and false advertising).
13.4 Copyright Infringement
13.4.1 Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, review content transmitted, sent, or received using the Applications or Services for purposes of determining copyright infringement. However, SKYLINKFIBER.NET reserves the right to terminate access to its Applications or Services if a user infringes on others' copyrights, and will, in appropriate circumstances, terminate access to the Applications or Services if SKYLINKFIBER.NET determines that a user is a repeat infringer.
13.5 SKYLINKFIBER.NET reserves the right to add to, modify or amend this Use Policy at any time for any reason at its sole discretion.
14. Publicity Rights
You agree that SKYLINKFIBER.NET may identify you as a user of the Services in its business deals; press releases; marketing materials; electronic, printed, and broadcast advertising; newsletters; mailings; tradeshows; other promotional materials; on SKYLINKFIBER.NET's website; or any other third-party website where SKYLINKFIBER.NET or its designated agents may promote the Services. You hereby grant SKYLINKFIBER.NET and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display your name, trademarks, service marks, designs, logos, and symbols in connection with such purpose.
You agree not to directly or indirectly through a third party engage in any conduct or make any communication (public or private) that disparages SKYLINKFIBER.NET or the Applications or Services in any way. Such communications include, but are not limited to, publishing, posting, printing, disseminating, or otherwise making such disparaging statements on or through the Internet, in any blog, or through any other form of social media. You further agree not to solicit or encourage, directly or indirectly, any such statements, comments, or communications by any third-party. In accordance with the termination provisions below, SKYLINKFIBER.NET may terminate your access to the Applications or Services if you breach the requirements of this section.
16.1 To the maximum extent permitted by applicable law, you shall indemnify and hold harmless, individually and collectively, SKYLINKFIBER.NET, its affiliates, agents, resellers, and other providers who furnish goods and services to you in connection with the Services, and their officers, directors, managers, employees, and shareholders (the "Indemnified Parties") from and against any and all liability, claims, losses (including loss of profits, revenue and goodwill), damages, fines, penalties, injuries to persons or property, costs, and expenses (including reasonable attorneys' fees and dispute resolution expenses) arising from or related to:
16.1.1 The use of or reliance upon the Applications or Services by you or any third party acting upon your permission, knowledge, authority or direction,
16.1.2 A breach of this Agreement by you,
16.1.3 Any negligent acts, omissions to act or willful misconduct by you or any third party acting with your permission, knowledge, authority or direction,
16.1.4 The inability to use the Applications or Services or failure or outage of the Applications or Services for any reason, including
220.127.116.11 the use of the Applications or Services in connection with a violation of any applicable law, code, regulation, or ordinance,
18.104.22.168 And/or the misappropriation, breach, violation, or infringement of any right, title or interest of any third party, including but not limited to, contractual rights, intellectual property rights (including patent, trademark, copyright, and trade secret rights), rights of privacy, and rights of publicity and personality.
17. High Risk Activities
The service provided is not fault-tolerant and is not intended for use in environments requiring fail-safe measures, including but not limited to operation of nuclear facilities, air traffic control, and direct life support, in which failure could result in severe property damage, personal injury or death.
18. Computer Security Risks
All computers connected to the Internet are at risk of the system’s security being compromised. Computers that are always online when the computer is powered up (as can occur with the service provided under this agreement) may be at greater risk than computers intermittently connected to the Internet. SKYLINKFIBER.NET assumes no liability for the security of Customer computer systems and encourages Customer to take precautions that could include but not be limited to firewalls and anti-virus software.
19. Reselling/Transfer and Assignment of Services
Customer shall not resell, exchange, donate or share Service outside of the immediate address where internet service is installed. Customer may not sell, assign, or transfer any of its rights or obligations under this Agreement without the prior written consent of SKYLINKFIBER.NET.
20. Network Assignments are non-portable
Networks assigned from SKYLINKFIBER.NET's net-block are non-portable. Network space allocated by SKYLINKFIBER.NET shall return to SKYLINKFIBER.NET in the event that Customer discontinues service.
21. Monitoring of Service
SKYLINKFIBER.NET has no obligation to monitor the service but may do so as part of ongoing efforts to improve the service provided or at the direction of law enforcement officials or under the order of a court of law.
22. Proprietary Rights; No Implied Licenses.
SKYLINKFIBER.NET grants Customer a non-exclusive, non-transferable limited license to use the Services provided hereunder solely for the term of this Agreement. All rights in or to Services, including but not limited to, intellectual property or similar rights, belong exclusively to SKYLINKFIBER.NET, whether or not they are embedded in any Services.
23. Force Majeure
SKYLINKFIBER.NET shall not be in default of this Agreement or liable for any delay, failure of performance or interruption of Services to Customer, or damage to customer premises/property resulting, directly or indirectly, from any weather conditions, radio frequency spectrum interference, natural disasters, acts of nature, action of any governmental or military authority, failure caused by telecommunication or other Internet provider(s), or other force or occurrence beyond its control.
24. LIMITATION OF LIABILITY
SKYLINKFIBER.NET SHALL NOT BE LIABLE TO THE CUSTOMER WHATSOEVER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF REVENUE, OR LOSS OF BUSINESS SUFFERED BY CUSTOMER, ASSIGNEE, OR OTHER TRANSFEREE OF THE OTHER. THIS PROVISION APPLIES EVEN IF THE PARTY IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SKYLINKFIBER.NET SHALL ALSO NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. SKYLINKFIBER.NET SHALL NOT BE LIABLE FOR ANY DELAY, FAILURE OF PERFORMANCE OR INTERRUPTION OF THE PROVISION OF THE SERVICES TO CUSTOMER. THE EXCLUSIVE REMEDY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL BE A CREDIT OF CHARGES INVOICED TO CUSTOMER IN THE MONTH IN WHICH THE DAMAGES AROSE.
25. NO WARRANTIES
SKYLINKFIBER.NET PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. SKYLINKFIBER.NET DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF USE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND SKYLINKFIBER.NET SHALL HAVE NO LIABILITY THEREFORE. SKYLINKFIBER.NET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE SERVICES WILL PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES.
26. Governing Law and Dispute Resolution
26.1 Applicable Law
26.1.1 This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon, without regard to the choice of law provisions that would cause the application of a law of another jurisdiction.
26.2.1 If a dispute or difference of any kind shall arise between SKYLINKFIBER.NET and Customer in connection with, or arising out of, the terms of this Agreement, including the interpretation, performance, non-performance, or termination thereof, the parties shall attempt to settle the dispute in the first instance through mutual discussions. If the dispute has not been resolved in the first instance through mutual discussions over the course of 60 days, the parties shall endeavor to settle the dispute or difference by mediation under the Mediation Rules of the American Arbitration Association prior to any recourse to arbitration as set forth below.
26.3.1 Any claims arising under this Agreement must be brought no later than one year after accrual or such claims shall be deemed waived.
26.4.1 Failure by a party to enforce any provisions of this Agreement or any rights or remedies shall in no way be considered to be waiver of such provisions, rights or remedies, or to, in any way, affect the validity of this Agreement.
26.5.1 This Agreement constitutes the entire agreement of the parties and supersedes all prior negotiations and writings. If any provision contained in this Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.
26.6.1 No waiver, modification or amendment of this Agreement shall be effective or enforceable unless in writing and signed by both parties, except as otherwise provided herein. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument.
27. ACCEPTANCE THROUGH USE
USE OF SKYLINKFIBER.NET SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. THIS AGREEMENT, IN ADDITION TO THE ACCEPTABLE USE POLICY, CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SERVICES TO BE PROVIDED HEREUNDER. THIS AGREEMENT SHALL NOT BE CONTRADICTED, EXPLAINED, OR SUPPLEMENTED BY ANY WRITTEN OR ORAL STATEMENTS, PROPOSALS, REPRESENTATIONS, ADVERTISEMENTS, SERVICE DESCRIPTIONS, PRODUCT BROCHURES, MARKETING MATERIALS, OR CUSTOMER PURCHASE ORDER FORMS NOT EXPRESSLY SET FORTH IN THIS AGREEMENT OR AN ATTACHMENT.
Customer represents and agrees that it has the right to enter into this agreement and that the person signing this agreement has the authority to sign. SKYLINKFIBER.NET represents and agrees that it has the right to enter into this agreement and that the person signing this agreement has the authority to sign.
By continuing to use our service after the posting of this agreement you are hereby agreeing to these Terms of Service and Conditions.