INTERNET OPERATING AGREEMENT
Bertram Communications, LLC
1.
INTRODUCTION
This
Agreement is between Bertram Communications, located at
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 billing
period. 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
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
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.
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", 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 that 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 "Assurance", and only one claim per year will be allowed. New customers have a 30 day grace on the Assurance plan.