INTERNET OPERATING AGREEMENT

                                       Bertram Communications LLC

1.    INTRODUCTION

This Agreement is between Bertram Communications, located at 300 Industrial Drive, Random Lake, Wisconsin, 53075 (hereinafter “Bertram” or “Bertram Wireless”) and the “Customer” as noted at the bottom of Agreement.  The Customer agrees to all terms and conditions as outlined below. 

2.     DEFINITIONS. 

The terms below will be used throughout the Agreement and will be interpreted as follows:

WIRELESS: This refers to both Residential and Business Wireless Customers.

RESIDENTIAL: This refers to a Customer that will use wireless equipment to access the Internet and the Bertram network.  Connections under this category will be subject to specific limitations and pricing as outlined below.

SMALL BUSINESS: This refers to a Customer that will use wireless equipment to access the Internet and the Bertram network. Connections under this category will be subject to specific limitations and pricing as outlined below.

BUSINESS: This refers to a Customer that will use wireless equipment to access the Internet and the Bertram network.  Connections under this category will be subject to specific limitations and pricing as outlined below.

3.         TERM.

The initial term for the Agreement will commence on the date of activation of wireless access equipment. The initial term for Wireless Customers is twelve (12) months.  Upon completion of the initial term, the contract will be automatically renewed unless written notification is given prior to each term.  Bertram  reserves the right to terminate the services of the Customer for any violation of the Terms of the Agreement. Accounts not paid within eleven (11) days will be deemed delinquent and subject to service shut off. The delinquent fee for turning service back on after shut off is $25.00. If the Customer elects to terminate the Agreement, notice must be given in writing.  The basic service fee will not be prorated for the month of termination.  The Customer’s account will remain active until the end of the current yearly term. Wireless accounts terminated prior to expiration of the yearly term will be subject to a $200.00 disconnection fee in addition to any other charges that have been incurred.  The Customer is required to pay all amounts in full to Bertram within thirty (30) days of termination. This will be considered a disconnection and will result in a $200.00 penalty. Equipment will be returned to Bertram Wireless in working order. Equipment can be picked up after termination for $50.00. All fees are subject to review or increase. If an increase is made by Bertram Wireless, an e-mail will be sent to the Customer in advance. It is the responsibility of the Customer to have a working e-mail address on file for notification. Bertram shall not be held liable for any incidental or consequential damages that result from termination of the Agreement.

 

4.         DISCLAIMER.

The Customer agrees that use of the Internet is at the Customer’s sole risk.  Bertram does not warrant that the service will be error free or uninterruptible, and will not be responsible for any damages the Customer may incur as a result.  The service is distributed on an “as is” and “as available” basis without warranties of any kind.  Bertram does not warrant that the services will be free from viruses or other harmful components.  Bertram is not responsible for any of the actions that the Customer performs while using the service.  The Customer agrees to hold Bertram harmless from all claims resulting from the Customer’s violation of state and/or federal laws including, but not limited to, copyrighted material.  Bertram is not responsible for the truthfulness, reliability, or nature of content available on the Internet.  If the network is down, Bertram will not be held responsible for any lost time, data, e-mails, etc. Bertram will get the network running as soon as possible.  This service is not to be used for last mile or 911 emergency calls at any time.  Violations are the responsibility of the Customer.

5.         PAYMENT.

It will be the sole responsibility of the Customer to pay the monthly Bertram internet service fees.  Bills will be sent by e-mail to the Customer’s home or business.  It is the responsibility of the Customer to have a working e-mail address on file with Bertram for notification. Bills will also be available via online billing set up through Bertram Wireless. Customers must pay their monthly Bertram internet bill by cash, check, credit or debit card (Master Card, Discover or Visa), or ACH (Automated Clearing House; direct withdrawal from checking or savings account) only.  Check payments will incur a $2.00 fee each time a check is used. A penalty of $35.00 will be assessed on returned checks or for insufficient ACH funds. ACH payments will post to bank accounts between one (1) and fourteen (14) days after payment. Bertram Wireless is not liable for ACH errors. Full monthly payment must be received by the 11th day of every month.  If payment is not received by the 11th day of every month, the account may be deemed delinquent and service may be suspended, or the Agreement may be suspended without notice to the Customer and at the sole discretion of Bertram. If the Customer is delinquent on payment and service is shut off, a reconnection fee of $25.00 will be applied.

6.         WIRELESS EQUIPMENT.

Wireless Customers will be charged a non-refundable one-time usage fee upon signing the Internet Agreement.  Equipment installed for wireless service will at all times remain the property of Bertram.  The Customer shall pay the full retail repair and/or replacement cost of any lost, stolen, unreturned, damaged, sold, and/or transferred equipment, or act of god incidents affecting the equipment. The full retail cost is $450.00.  In addition, the Customer will be liable for any costs incurred by Bertram in obtaining or attempting to obtain any such equipment.

7.         WIRELESS INSTALLATION.

Installation of wireless equipment will be installed by certified, insured installers only. Bertram Wireless has a listing of independent installers that fit these criteria.  These installers will be employed by the Customer and are not employees of Bertram Wireless, but are expected to install equipment according to Bertram Wireless' specifications. Installers will be paid on the day of the installation. Self-installation of wireless equipment is NOT permitted by Bertram.

8.         CONTRACTS WITH MINORS.

Customers must be at least eighteen (18) years of age to subscribe to Bertram’s services.  An adult who will be legally responsible for the contract must sign contracts for minors.

9.         INDEMNIFICATION/RELEASE.

The Customer, its agent, and/or successor agrees to indemnify and release Bertram and its affiliates, employees, agents, and subcontractors from any liability for any claims, losses, actions, damages, or suits arising from the installation, use, or termination of Bertram services.

10.       GOVERNING LAW AND VENUE.

The laws of the State of Wisconsin shall govern the terms of the Agreement.  The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Sheboygan County, Wisconsin.

 

Internet Signal or Resale Theft of Bertram Wireless Communications

Internet signal theft is the illegal interception of Internet services without the authorization of or payment to Bertram Wireless. While laws vary from state to state, according to the Federal Telecom Act of 1996 (47 USC 553 and 605) internet signal theft is a crime that is punishable by a financial penalty of $250,000 and/or 10 years jail time. This pertains to anyone that may steal and/or resell the signal, and to anyone helping this person, without the express permission of Bertram Wireless.

When using a wireless network, subscribers should always secure their home networks from unauthorized users. Unsecured wireless networks potentially allow unauthorized individuals to access a subscriber's network and have access to all of the subscriber's personal files; allow potential criminals and terrorists to send untraceable communications; or allow an individual to download illegal materials, such as copyrighted or obscene material that would be traceable to the subscriber’s modem/router/switch.  

11.       MODIFICATIONS.

Bertram reserves the right to modify this Agreement at its sole discretion and with ten (10) days prior notice to the Customer.  Notice of changes does not need to be in writing, but may be handled through website, e-mail, or other manner.

12.       NO WARRANTY.

Bertram makes no warranty whatsoever, express or implied, in connection with the provision of the service, and without limitation specifically makes NO WARRANTY OF MERCHANTABILITY and NO WARRANTY OF FITNESS OR SUITABILITY FOR PURPOSE.

13.       LIMITATION OF LIABILITY.

Bertram is not liable to the Customer for ordinary negligence, and the Customer releases any claim against Bertram which the Customer might otherwise have based on ordinary negligence in connection with the provision of the service.

14.       LIMITATION OF DAMAGES.

In any event, Bertram shall not be liable for indirect, incidental, special, punitive, or consequential damages arising from or related to the Service, regardless of the legal theory under which such liability is asserted, and regardless of whether Bertram has been advised of the possibility of such liability, loss, or damage.  Further, in any event, if there should be liability for any reason whatsoever, the Customer’s right to damages hereunder shall be limited to any amount not exceeding one month’s payment for the service.

15.       INDEMNIFICATION.

The Customer agrees to indemnify Bertram and to hold Bertram harmless against any third party claims, demands, suits, or actions relating to or based upon the service provided (or defectively or not at all provided) to the Customer.

16.       REPRESENTATION OF CUSTOMER.

The person accepting this Agreement for the Customer is fully authorized to do so, and the acceptance by such person is binding upon and enforceable against the Customer.

Dated this _______ day of ____________________, 20_____.

_____________________________________________________

Customer’s Printed Name

_____________________________________________________

Business Name (if applicable)

_____________________________________________________

Customer’s Signature

By signing this Agreement you are abiding by contents of the Contract and the Acceptable User Policy.

PRINT CONTRACT HERE

 

 

 

ACCEPTABLE USE POLICY (AUP)

It is REQUIRED that all Bertram Wireless Customers read this policy. Disobedience of the rules outlined herein can result in termination of Internet Access from Bertram Wireless. Even if the Customer has not read the policy, all rules must be followed by the Customer, so please take the time to read it.

Bertram Wireless sets forth an Acceptable Use Policy (AUP) with the intent of protecting its service, its Customers, and other users of the Internet from potentially abusive actions taken by Bertram Wireless Customers. The following policy is non-exclusive; any action about which there is doubt should be referred to Bertram Wireless for evaluation.   Bertram Wireless reserves the right to edit this policy at any time deemed necessary.

Acceptable Use: Dial-Up

There are no refunds given for annual service plans. Such plans are based on discounted monthly rates with the understanding that they will be maintained for twelve (12) months. Monthly service plans can be cancelled at the end of the current billing cycle.

Dial-up connections to Bertram Wireless that are idle for thirty (30) minutes or longer, or connected for more than 5 hours continuously, will be disconnected. Idle time is defined as a period during which no input or output is sent or received across  the modem connection.

Multiple simultaneous logins to a single Bertram Wireless dial-up account are prohibited.

Dial-Up service is not a dedicated modem connection. Use of Bertram Wireless dial-up service as a dedicated modem connection through use of re-dialers and idle-time traffic generators is prohibited. There is a 360-hour monthly cap on unlimited dial-up connection time.

Dial-up accounts are considered abandoned if not accessed for three consecutive months. Bertram Wireless will remove abandoned accounts on the first of the month without notice unless the Customer makes special arrangements with Bertram.

Bertram Wireless enforces these policies with respect to Bertram Wireless Customers only. We are not responsible for abusive actions that originate from other sites or networks on the Internet.

Bertram Wireless reserves the right to revoke or discontinue service at any time with or without reason. If a Customer is found to have violated any portion of the AUP, said Customer is subject to a penalty fee billed by Bertram Wireless of $250.00 or a rate or $125.00/hour for the time that it takes to research the incident in question. Said account will not be re-activated until penalty fees and existing invoice amounts have been paid in full to Bertram.  If the Customer elects to terminate service, notice must be given in writing prior to the monthly term.

Acceptable Use: E-mail

Acceptable use of e-mail does NOT include:

Sending unsolicited mass mailings of any nature, including those with a “negative option” for continuation. The negative option is defined as inviting those who do not wish to receive more e-mail to reply to the Customer.

Sending large number of e-mail messages, or singularly large e-mail messages to a single address in order to flood someone’s mailbox.

Forging e-mail headers to obscure the true originator of the message.

Sending harassing e-mail, either by language, size, or frequency. This includes sending e-mail (or real time) messages to a person who has explicitly asked that the Customer does not do so.

Acceptable Use: Wireless

Bertram Wireless is not responsible for damage to the Customer’s receiver or computer due to lightening damage, power surges, or other acts of god.

"Assurance" is offered from Bertram Wireless for an additional $5.00 per month with a $30.00 deductible. The "Assurance" plan covers one radio failure per year. If the Customer declines Bertram Wireless "Assurance" plan, the Customer is responsible for the equipment and the insurance coverage payments under the Customer’s homeowner’s insurance policy.

After the receiver and other equipment leaves Bertram’s corporate office, it is the Customer’s sole responsibility to maintain the equipment and to return all of the equipment to the corporate office at the end of the service Agreement.

In the event of connectivity problems, Bertram Wireless will help address any issue arising from problems with the antenna to the end of the Motorola power “pigtail” via phone service. Bertram will not support router or computer issues over the phone. If a service call is needed to solve such connectivity problems, arrangements with Bertram can be made for a fee to be determined by Bertram.

Internet Signal or Resale Theft of Bertram Wireless Communications

Internet signal theft is the illegal interception of Internet services without the authorization of or payment to Bertram Wireless. While laws vary from state to state, according to the Federal Telecom Act of 1996 (47 USC 553 and 605) Internet Signal theft is a crime that is punishable by a financial penalty of $250,000 and/or 10 years jail time. This pertains to anyone that may steal and/or resell the signal, and to anyone helping this person, without the express permission of Bertram Wireless.

When using a wireless network, subscribers should always secure their home networks from unauthorized users. Unsecured wireless networks potentially allow unauthorized individuals to access a subscriber's network and have access to all of the subscriber's personal files; allow potential criminals and terrorists to send untraceable communications; or allow an individual to download illegal materials, such as copyrighted or obscene material that would be traceable to the subscriber’s modem/router/switch.

Acceptable Use: Wireless Web/FTP Space

Acceptable use of Bertram Wireless web/ftp space does NOT include:

The posting of pornographic or otherwise indecent or offending materials.

Distribution of restricted software materials in violation of copyrighters or distribution licenses, including, but not limited to MP3 and Warez.

Distribution of material which violates local, state, or federal laws or statutes.

The posting of slanderous or defamatory materials or articles.

Bertram Wireless reserves the right to restrict or terminate service without refund in the event of an AUP violation. Bertram Wireless also reserves the right to take action against abuse which is not specifically named in this AUP at the sole discretion of Bertram Wireless. Use of the Bertram Wireless system or network constitutes an understanding and agreement of this policy. Any and all legal expenses incurred by Bertram Wireless resulting from failure to follow AUP guidelines will be borne by the account holder responsible for the infraction.

Acceptable Use: Existing Customer Policy (Customers that were transferred from another service provider)

If the Customer purchased or rented a receiver from another service provider and that receiver fails, Customer will pay a $200.00 one-time rental fee for a receiver. At that time, Customer will have the option to purchase Bertram’s "Assurance" plan for the receiver for an additional $5.00 per month, and the receiver will be owned by Bertram Wireless.

Acceptable Use: "Assurance" Policy

If the Customer does not put an "Assurance" plan on a new receiver and the receiver fails, the Customer will pay a $450.00 fee per Bertram’s contract, and this fee does not include the re-installation of the receiver. Bertram’s "Assurance" plan applies to new receivers/radios only, unless a receiver is checked by a member of Bertram’s staff or one of Bertram’s installers. If the Customer would like to add Bertram’s "Assurance" to an existing receiver, a $35.00 charge for testing will be charged to the Customer. The "Assurance" can be placed on the receiver only if the receiver tests without errors.

No claim will be made within 30 days of purchasing our "Assurance" plan, and only one claim per year will be allowed. New customers have a 30 day grace on the Assurance plan.