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.