Altitude ISP Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND, ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE DO NOT USE THE SERVICE.
This Terms of Service “Service Agreement”, “TOS” is an agreement between Altitude ISP, LLC “ALTITUDE ISP,” “Company,” “Us,” “We,” or “Our” for the purpose of establishing the terms of service under which ALTITUDE ISP will furnish internet access services, Voice over Internet
Protocol “VoIP” services, maintenance and or IT support services, and/or additional services as identified herein collectively, the “Services,” and individually, a “Service”. This SERVICE AGREEMENT governs all individual and entity subscribers for ALTITUDE ISP’s Services “You,” “Your” or “Subscriber”. ALTITUDE ISP and Subscriber, are each a “Party” and, collectively, the “Parties. “Affiliate” means an entity that controls, is controlled by, or is under common control with ALTITUDE ISP. This Service Agreement outlines the terms and conditions under which ALTITUDE ISP is providing Services to Subscriber and the associated obligations of both parties.
This Service Agreement governs standard Residential Access Service, Small Business Internet Service, and VoIP Service.
1 Subscriber Obligations
1.a. Subscriber warrants that they are at least 18 years old.
1.b. If Subscriber is an entity or corporation the representative executing this agreement warrants that they have full legal authority to execute this service agreement.
1.c. Subscriber agrees that the Service is personal to Subscriber and agrees not to assign, transfer, resell or sublicense Subscriber’s rights.
1.d. For residential Subscribers, Subscriber understands, acknowledges, and agrees that the Services and the “ALTITUDE ISP Equipment” (as defined below) shall be used only by Subscriber and by members of Subscriber’s immediate household living with Subscriber at the same service address (unless designated otherwise), and Subscriber will not redistribute or share the Services with any others or transmit the Services over a wireless or other network that is not secured.
1.e. For Small Business Subscribers, Subscriber agrees that the Services and the ALTITUDE ISP Equipment shall be used only by Subscriber and by authorized employees, patrons, contractors, representatives, vendors, and visitors of Subscriber located or operating at the same service address (unless designated otherwise), and Subscriber will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured.
2. ALTITUDE ISP EQUIPMENT
2.a Subscriber agrees to not alter, modify or tamper with the ALTITUDE ISP Equipment
2.b Subscriber agrees not to encourage or solicit any other person to tamper with the ALTITUDE ISP Equipment, unless such person has been authorized to do so by ALTITUDE ISP.
2.c Routers purchased by customers will have a 1 year manufactures warranty. If a router stops working during this 1 year period then ALTITUDE ISP will replace the router free of charge to the customer. If the customer is on the “Managed Wifi” plan then ALTITUDE ISP will warranty the router as long as the customer maintains this plan.
2.d Subscriber understands, acknowledges and agrees that at the time of installation of the Services, the equipment provided by ALTITUDE ISP (modem, router, power injector, ethernet cable, antenna and mounting hardware), was installed at a location and in a manner authorized by Subscriber. Subscriber further understands, acknowledges and agrees that the ALTITUDE ISP Equipment may, at ALTITUDE ISP’s sole discretion, be refurbished or otherwise used equipment. The ALTITUDE ISP Equipment is and shall remain the property of ALTITUDE ISP (with the exception of “purchased” routers, purchased routers will remain the customers property), and Subscriber shall acquire no ownership interest therein by virtue of the payments provided for herein or the attachment of any portion of the ALTITUDE ISP Equipment to the Subscriber’s premises or otherwise. Subscriber and ALTITUDE ISP expressly understand, acknowledge and agree that the ALTITUDE ISP Equipment is not and shall not be considered a fixture to Subscriber’s premises.
2.e Subscriber understands, acknowledges and agrees that ALTITUDE ISP is not responsible for any malware, spyware, or other potentially harmful viruses or material transmitted via the ALTITUDE ISP Equipment and/or any software provided by ALTITUDE ISP or a third party vendor.
2.f At such time as Subscriber or ALTITUDE ISP terminate the Service for any reason, Subscriber will notify ALTITUDE ISP within fifteen (14) calendar days that they are terminating service and ALTITUDE ISP will schedule a removal of the ALTITUDE ISP Equipment. If termination is persued by ALTITUDE ISP then ALTITUDE will schedule a equipment removal when we notify you of the termination. The ALTITUDE ISP Equipment is to be in the same condition it was received (ordinary wear and tear excepted), and in accordance with ALTITUDE ISP’s then-current return procedures. In the event that Subscriber has not returned the ALTITUDE ISP Equipment within fifteen (14) calendar days of service termination, or in the event that the ALTITUDE ISP Equipment is damaged, destroyed, lost or stolen in Subscriber’s possession or otherwise inoperable, Subscriber shall be solely responsible for the cost of replacement or repair of any lost, stolen, damaged, sold, transferred, leased, encumbered or assigned ALTITUDE ISP Equipment or part thereof, together with any incidental costs incurred by ALTITUDE ISP relating to the replacement, repair or installation of ALTITUDE ISP Equipment, including storm damage or acts of God. Subscriber shall pay an “Equipment Replacement Fee” of up to two hundred fifty dollars ($750.00 U.S.) for ALTITUDE ISP Equipment that is damaged and/or not properly returned to ALTITUDE ISP upon termination or expiration of this Agreement for any reason. Any damage caused by lightning, wind, hail, falling debris (such as without limitation tree limbs, trees, and pine cones), sports or recreational balls, or any toy or material will be covered by the Subscriber’s property or other insurance or paid out of pocket by Subscriber.
2.g Subscriber understands, acknowledges and agrees that ALTITUDE ISP may be required to access Subscriber’s premises or system in order to install and maintain the components necessary for Subscriber to access the Services. This may include opening Subscriber’s computer to install, repair or replace equipment or install software on Subscriber’s computer(s) at Your location and installing a VoIP compatible phone(s). By accepting this Service Agreement, scheduling a service or installation visit and permitting ALTITUDE ISP or its Operational Service Provider(s) to enter Subscriber’s home, business, or location, Subscriber hereby authorizes ALTITUDE ISP or its Operational Service Provider(s) to access Subscriber’s computer(s) for the purpose of installing, repairing or replacing the necessary components. By requesting a ALTITUDE ISP Service, any Subscriber that is not the owner of the property at which the Service is being installed (e.g., a tenant or lessee) agrees that Subscriber has obtained any necessary permission or clearance from the property owner for the installation. Subscriber shall bear all responsibility for any installation work for which the property owner’s permission has not been granted and for any associated damage to the property. Neither ALTITUDE ISP nor its Affiliates, Operational Service Provider(s) shall have any liability whatsoever for any losses resulting from installation, repair or other services, including, without limitation, damage to Subscriber’s premises or loss of software, data or other information from Subscriber’s computer(s). This limitation does not apply to any damage arising from the gross negligence or willful misconduct of any installation or maintenance service provider.
2.h Subscriber further understands, acknowledges and agrees that ALTITUDE ISP owns all equipment installed and provided in connection with the ALTITUDE ISP Service (including any VoIP telephones not purchased by the subscriber).
2.i Subscriber agrees to notify ALTITUDE ISP at least fourteen (14) business days before Subscriber moves or vacates the location where ALTITUDE ISP Equipment is installed. Upon notification of a move or vacating a service location, ALTITUDE ISP will de-install ALTITUDE ISP Equipment located on the outside of Subscriber’s premises. ALTITUDE ISP will coordinate with Subscriber a time in which ALTITUDE ISP can retrieve any ALTITUDE ISP Equipment inside Subscriber’s premises. If Subscriber is moving to another location where they can access
ALTITUDE ISP’s service then the subscriber will pay a “Move Service Fee” of One Hundred dollars ($100.00 U.S.).
2.j Subscriber is considered the registered recipient of the ALTITUDE ISP Services until ALTITUDE ISP receives notice of termination as set forth in this Service Agreement, and Subscriber will be liable for any charges or fees incurred by the use of Subscriber’s ALTITUDE ISP Equipment by anyone else up to the time that ALTITUDE ISP receives Subscriber’s notice, unless otherwise provided by state law. If any ALTITUDE ISP Equipment is stolen or otherwise removed from Subscriber’s premises without Subscriber’s authorization, Subscriber must notify ALTITUDE ISP immediately, or Subscriber may be liable for payment for unauthorized use of Subscriber’s ALTITUDE ISP system. Subscriber will not be liable for such unauthorized use after ALTITUDE ISP has received Subscriber’s notification.
3. MORE SUBSCRIBER OBLIGATIONS
3.a Subscriber agrees that Subscriber is responsible for setting up, verifying and maintaining the email address, account, options, settings and other parameters under which the Services are used including passwords and user identification information. Subscriber understands, acknowledges and agrees that these account functions may be performed only by a person at least 18 years of age, without exception.
3.b Subscribers represent and warrant that the personal information Subscriber provides to ALTITUDE ISP during the term of this Service Agreement, including without limitation Subscriber’s legal name, email address, service address, billing address, telephone number(s), and payment data (including Credit Card or “ACH” payment information or other recurring payments) are complete and current throughout the term of this Service Agreement.
3.c Subscriber warrants that the payment information provided is their personal payment information and not another individuals information.
3.d. Subscriber represents and warrants that when Subscriber transmits, uploads, posts, or submits any “Subscriber Material” (as defined herein) using the Services, Subscriber has the legal right to do so and that Subscriber’s use of such Subscriber Material does not violate any copyright or trademark laws or any other third party rights.
3.e Subscriber shall be responsible for all access to and use of the Services through Subscriber’s account or password(s) and for any fees incurred for service, software or other merchandise purchased thereon or any other expenses incurred in accordance with the terms of this Service Agreement. Subscriber promises to timely pay such amounts billed for services, software or merchandise and any related fees, taxes and charges. Permitted users of Subscriber’s account are limited to those entities to which Subscriber provides access.
3.f Subscriber acknowledges that Subscriber is aware that areas accessible on or through the ALTITUDE ISP Service may contain material that is unsuitable for minors (persons under 18 years of age). Subscriber acknowledges sole responsibility to prevent minors from accessing unsuitable material through Subscriber’s account, including installation of filtering software.
ALTITUDE ISP is not responsible for any content accessed by Subscriber or anyone who utilizes the ALTITUDE ISP Service.
3.g Subscriber understands, acknowledges and agrees that prior to ALTITUDE ISP servicing any “Subscriber Equipment” or “ALTITUDE ISP Equipment” (as defined below), it is Subscriber’s responsibility to: (i) back-up the data, software, information or other files stored on Subscriber’s computer or other device including but not limited to disk drives, peripherals, digital camera and/or on any other electronic storage device; and (ii) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Subscriber’s equipment. Under no circumstances shall ALTITUDE ISP and/or its Operational Service Provider(s) be liable for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.
3.h Subscriber agrees to provide or purchase a grounded surge protector for all ALTITUDE ISP interior equipment to plug into. If one is not made available at the time of installation one will be provided at a cost of Twenty Dollars ($20.00).
4 Service Interruption.
4.a Any service interruption of a data plan lasting more than 10 days will be considered an at-fault violation by Altitude ISP and absolve you from any and all early termination fees. Damaged and non-operational on-premise network equipment such as modems, antennas, routers, switches and access points, do not constitute an at-fault violation by ALTITUDE ISP and do not qualify for any type of proration credit or refund.
4.b ACCEPTABLE USE AND PRIVACY POLICIES
ALTITUDE ISP Services are provided for your enjoyment in a private residential dwelling/office unit. You agree not to reproduce, duplicate, copy, sell, transfer, trade, resell or exploit for any commercial purposes any portion of the Services, use of the Services, or access to the Services.
ALTITUDE ISP reserves the right to monitor data usage of customers, and suspend or terminate at their discretion in an effort to stop the illegal use of our carrier's networks. Abuse of services includes but is not limited to:
Use of a repeater or signal booster to extend your network to multiple residences. Compromising network security or capacity, degrades network performance, uses malicious software or “malware”, hinders other customers’ access to the network, or otherwise adversely impacts network service levels or legitimate data flows;
Use of applications which automatically consume unreasonable amounts of available network capacity;
Use of applications which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality;
Misuse of the Service, including "spamming" or sending abusive, unsolicited, or other mass automated communications;
Accessing the accounts of others without authority;
Unusually high usage for any 2 billing cycles within any 6-month period; Reselling the Service without written authorization, either alone or as part of any other good or service;
Tampering with, reprogramming, altering, or otherwise modifying your Device to circumvent any of our policies or violate anyone’s intellectual property rights;
Causing harm or adversely affecting us, the network, our customers, employees, business, or any other person;
Conflicting with applicable law;
Attempting or assisting or facilitating anyone else in any of the above activities.
5. TERMINATION OF SERVICE AGREEMENT BY SUBSCRIBER
5.a In the event that ALTITUDE ISP modifies this Service Agreement, Subscriber may immediately terminate Subscriber’s account and this Service Agreement, without liability for payment of any termination charges, by notifying ALTITUDE ISP via email at email@example.com within (10) calendar days of the date of the email notice.
5.b Subject to Subscriber’s payment of the termination charges herein described, Subscriber may also do so at any other time, for any reason or for no reason, upon thirty (30) days’ notice to ALTITUDE ISP via email at firstname.lastname@example.org. Subscriber must terminate this Service Agreement in accordance with the terms and conditions specified herein. Failure to do so may delay or prevent ALTITUDE ISP from knowing that a termination was intended. Subscriber will continue to be liable under this Service Agreement for all fees and charges until such time as this Service Agreement has been properly terminated. In the event that Subscriber terminates Subscriber’s subscription to the ALTITUDE ISP Service prior to the expiration of the minimum commitment period which is 12 month after service has started for the applicable service plan, Subscriber may be subject to an “Early Termination Fee” of the remaining contractual value. The contractual value includes any activation or monthly fees, connect time charges, ISP service charges, minimum charges and other amounts charged to or incurred by Subscriber, or by users of Subscriber’s account, at the rates in effect at the time Subscriber cancels multiplied by the remaining months of the Subscriber’s term.
5.c If Subscriber terminates service after the 1st day of their billing cycle then there will not be a refund for the remainder of the month.
6. TERMINATION OR SUSPENSION OF SERVICE AGREEMENT BY ALTITUDE ISP
6.a Subscriber understands, acknowledges and agrees that the Services and all Service features are subject to availability on an ongoing basis. Subscriber further understands acknowledges and agrees that ALTITUDE ISP may cease to offer the Service or any Service feature at any time, for any reason or no reason, and without advance notice to Subscriber.
6.b. Without limiting the generality of the foregoing, ALTITUDE ISP may also suspend, disconnect or terminate the Service at any time without prior notice if ALTITUDE ISP believes in its sole discretion that Subscriber has (i) failed to pay Subscriber’s invoice when due; (ii) threatened or harassed or is reasonably believed to have threatened any ALTITUDE ISP employee, Operational Service Provider, agent, representative or vendor; or (iii) violated or is believed to have violated any other provision of this Service Agreement.
6.c In the event that ALTITUDE ISP either terminates or suspends Subscriber’s account or this Service Agreement for reasons other than the event of a dangerous condition or violation of this Service Agreement by the Subscriber or any user of Subscriber’s account, then ALTITUDE ISP shall provide Subscriber a minimum of fourteen (14) days’ notice, or other period of notice as required by any applicable state, federal or international statute, regulation, rule, policy or treaty (“Applicable Law”), of such termination or suspension. Except as prohibited by Applicable Law, ALTITUDE ISP may immediately and without prior notice, terminate Subscriber’s account and this Service Agreement in the event of a dangerous condition or a violation this Service Agreement by Subscriber or any user of Subscriber’s account.
Contacts to Terminate Service.
You may terminate the Services at any time by emailing or cancelling in the ALTITUDE ISP’s web site www.altitudeisp.com user portal. You must pay service fees and other charges incurred through the termination date, including any early termination fees that apply. If you rent or lease your Equipment you may also be charged the value of any Equipment that is not returned in accordance with Section 2.
7. ACCOUNT SECURITY
7.a Customer Duty. You agree to keep confidential all passwords, user IDs, IP addresses, and other account identifiers and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur under your ALTITUDE ISP Account, password, user ID, or IP address. You agree to: (a)Immediately notify ALTITUDE ISP if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with the Customer either for profit or not for profit) or unauthorized disclosure or use of your ALTITUDE ISP Account, password, user ID, or any credit or charge card number provided to ALTITUDE ISP by calling (254) 651-0445;(b) Ensure you exit from your account as applicable at the end of each session; and (c)Periodically change your password.
7.b Account Access.
You authorize ALTITUDE ISP to provide information about and to make changes to your ALTITUDE ISP Account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you.
Assumption of Risk. There is a risk that other users may attempt to access your Services, such as through the Internet or connected networks. You acknowledge this risk is inherent to the shared nature of the Services and you agree to take full responsibility for taking adequate security precautions and safeguarding your data.
7.c Theft of ALTITUDE ISP Equipment or Service.
You agree to notify ALTITUDE ISP immediately, in writing or by calling the ALTITUDE ISP customer support line, if the Equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. When you call or write you must provide your ALTITUDE ISP Account number and a detailed description of the circumstances of the Equipment theft including documentation of theft (e.g., a copy of a police report) or stolen or fraudulent use of the Services. You will be responsible for all charges incurred on your ALTITUDE ISP Account until you report the theft or fraudulent use of the Services. You will be responsible for stolen Equipment. However, ALTITUDE ISP may in its sole discretion waive or reduce charges for stolen Equipment upon submission of documentation of theft or other circumstances. Failure to provide notice to ALTITUDE ISP of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by ALTITUDE ISP, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your monthly fees for Services not stolen or fraudulently used.
8. FEES AND PAYMENT
8.a FEES, TAXES AND OTHER CHARGES – Subscriber agrees to pay, in accordance with the provisions of the monthly rate plan Subscriber has selected and set forth in the COS or SLA, any registration, activation or monthly fees, connect time charges, ISP service charges, minimum charges and other amounts charged to or incurred by Subscriber, or by users of Subscriber’s account, at the rates in effect for the billing period in which those amounts are charged or incurred. Subscriber agrees to pay all applicable taxes related to use of the ALTITUDE ISP Service by Subscriber or other users of Subscriber’s account. Information on charges and surcharges (if any) that are to be paid to ALTITUDE ISP and are incurred by Subscriber or by other users of Subscriber’s account will be made available to Subscriber on the ALTITUDE ISP website, and Subscriber agrees that this is sufficient notice for all purposes as to charges incurred, paid or to be paid to ALTITUDE ISP. ALTITUDE ISP reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time following delivery of effective notice, as provided in Section 8.3.3 herein. Unless required by Applicable Law, Subscriber understands, acknowledges and agrees that Subscriber may not receive a paper bill in the mail for Subscriber’s Service; a digital or electronic bill will be sent. Additional terms relating to pricing, billing and payment, which are an integral part of this Service Agreement, are set forth in the Installation Paperwork, and are incorporated herein by reference.
8.b CONTINUED PAYMENT NOTWITHSTANDING TERMINATION OR SUSPENION – Notwithstanding any termination or suspension of this Service Agreement, any portion of Your account, or any suspension or termination of access to or use of the Services, Subscriber will remain responsible for any obligations accrued up to the date of such action(s), including payment of any charges that may be due as a result of or in connection with such action(s). Subscriber’s payment and other obligations under this Service Agreement are not suspended or affected by a suspension of access to or use of the Service, in whole or in part, due to a violation (actual, threatened or credibly alleged) of this Service Agreement or of any law or legal obligation, whether by Subscriber or any user of Subscriber’s account related to the Service.
8.1.a Payment of the outstanding balance is due in full each month. Statements to subscribers are presented and payment remitted to: ALTITUDE ISP. Statements are issued every thirty (30) days from the date Subscriber’s Service started and reflect receipt by such date of any
payments submitted by Subscriber and any amounts received on behalf of Subscriber as a result of ALTITUDE ISP’s submission of charges against Subscriber’s identified credit card or bank account, as applicable. If Subscriber’s entire amount of payment (except for amounts that are the subject of a validly submitted dispute) is not received ALTITUDE ISP within eleven (11) days following the due date, ALTITUDE ISP will assess, as a “Late Payment Fee,” the lesser of ten dollars ($10.00 U.S.) or the maximum amount permitted by Applicable Law. ALTITUDE ISP may also assign unpaid late balances to a collection agency for appropriate action. ALTITUDE ISP will charge Subscriber a twenty-five dollar $25 (U.S.) “ACH/Insufficient Funds Fee” for any check or other instrument tendered to the Company by Subscriber and returned unpaid by a financial institution for any reason. Furthermore, if within thirty (30) calendar days of a monthly statement presenting an amount due, ALTITUDE ISP does not receive full payment of the amount due from Subscriber (or ALTITUDE ISP has not agreed to alternative payment arrangements for Subscriber), ALTITUDE ISP has the right to suspend or terminate Subscriber’s subscription to the ALTITUDE ISP Service. ALTITUDE ISP will make at least three (3) attempts to collect overdue payments from Subscriber prior to any such termination or suspension. ALTITUDE ISP’s attempts can include both phone calls, text messages and/or email correspondence.
8.1.b. Except where additional methods of payment are specifically required to be accepted under Applicable Law or as otherwise agreed to by ALTITUDE ISP from time to time, Subscriber understands, acknowledges and agrees that Subscriber will provide a major credit or charge card (e.g., MasterCard, Visa, or Discover) or ACH bank authorization that ALTITUDE ISP may charge for all fees or other amounts payable under this Service Agreement. Additionally, Subscriber agrees that ALTITUDE ISP may pre-charge Subscriber’s monthly fee to the credit or charge card or bank account supplied by Subscriber during activation or subscription or as subsequently updated. With respect to such charges, the following authorization applies: Subscriber authorizes automatic credit or charge card billing by ALTITUDE ISP. Subscriber agrees that the charges described above will be billed to the credit or charge card that Subscriber provided when Subscriber applied for the ALTITUDE ISP Service or as subsequently updated. Subscriber must provide current, complete and accurate information for Subscriber’s billing account. Subscriber must promptly update all information in order to keep Subscriber’s account current, complete and accurate (such as a change in email address, billing address, credit card number, expiration date, or security code). If Subscriber fails to provide ALTITUDE ISP with any of the foregoing information, Subscriber agrees that ALTITUDE ISP may continue billing Subscriber, using the most recently provided contact and billing information for any Service provided under Subscriber’s account, and Subscriber will be required to provide updated payment information and pay the applicable Late Payment Fees for any payments that become overdue as a result of unprocessed charges. Subscriber agrees that ALTITUDE ISP will not be responsible for any expenses that Subscriber may incur resulting from overdrawing Subscriber’s bank account or exceeding Subscriber’s credit limit as a result of an automatic charge made under this Service Agreement.
8.1.c Subscriber understands, acknowledges, and agrees that all charges are considered valid unless disputed in writing via email@example.com, within thirty (30) days of the date of Subscriber’s credit or charge card bill, unless a longer period of time is required by Applicable Law. If Subscriber thinks a charge is incorrect or Subscriber needs more information, Subscriber
must contact ALTITUDE ISP’s billing department. ALTITUDE ISP will email Subscriber a statement for each billing cycle showing payments, credit purchases and other charges. ALTITUDE ISP'S 30 Day Money Back Guarantee for customers that are not satisfied with the performance of their subscription(s) service(s) will have 30 calendar days from the date of activation to notify ALTITUDE ISP for a de-installation appointment and return of equipment. Refunds – Once ALTITUDE ISP completes the de-installation and removal of equipment, we will notify the subscriber regarding the status of the refund. ALTITUDE ISP will initiate a refund to the subscriber's credit card (or original method of payment). You will receive the credit within 30 days, depending on your card issuer’s policies. The refund consists of full credit of billed subscription services exclusively and does not include credits for one-time installation costs. If we are unable to gain access to the installed address and equipment, shipping of the premise equipment will become the subscriber's responsibility. Subscriber will be responsible for paying all shipping costs for returning the premise equipment. Shipping costs are nonrefundable. If the subscriber receives a refund, the cost of return shipping will be deducted from the subscriber's refund. To initiate this refund process subscriber may contact ALTITUDE ISP at (254)-651-0445, email billing at firstname.lastname@example.org or by opening a billing ticket at the following website location; www.altitudeisp.com .
8.1.d ALTITUDE ISP may, but is not required to, accept partial payments from Subscriber. If partial payments are made, they will be applied to monthly statements starting with the oldest outstanding statement. If Subscriber sends ALTITUDE ISP checks or money orders marked “payment in full,” or otherwise labeled with restrictive endorsements, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ALTITUDE ISP CAN, BUT IS NOT REQUIRED TO ACCEPT A CHECK, MONEY ORDER OR ANY SUCH RESTRICTIVE ENDORSEMENT AND THAT UNDER NO CIRCUMSTANCES WILL ACCEPTANCE OF SUCH PAYMENT INSTRUMENTS BY ALTITUDE ISP CAUSE THE COMPANY TO LOSE OR WAIVE ITS RIGHTS TO COLLECT ALL AMOUNTS OWED BY SUBSCRIBER UNDER THIS SERVICE AGREEMENT.
8.1.e In the case of late payment or non-payment for any of the ALTITUDE ISP Services ordered by Subscriber or any of the charges stated herein, Subscriber understands and agrees that ALTITUDE ISP may report such late payment or non-payment to the appropriate credit reporting agencies. If ALTITUDE ISP chooses to use a collection agency or attorney to collect money that Subscriber owes ALTITUDE ISP, or to assert any other right which ALTITUDE ISP may have against Subscriber, Subscriber agrees to pay the reasonable costs of collection or other action including, but not limited to, the costs of a collection agency, reasonable attorney’s fees and court costs, insofar as permitted by applicable law.
8.1.f If Subscriber’s Services are suspended or terminated for any reason, including at Subscriber’s request or because of Subscriber’s failure to pay past due amounts, then in order to reactivate the service, Subscriber agrees to pay a “Reconnection Fee” in accordance with ALTITUDE ISP’s then-current rates. In addition, Subscriber must bring Subscriber’s account up
to date by making payment in full of any outstanding balance, fees and charges. Subscriber will also be required to pay the current monthly bill in order to reactivate Subscriber’s account.
8.1.g If the ALTITUDE ISP Equipment is missing, has been disconnected or needs to be replaced, Subscriber agrees to pay an additional “Equipment Re-installation Fee” in accordance with ALTITUDE ISP’s then-current rates.
8.2.a Method of Billing/Payment.
Fees and charges for the Services will be billed to your ALTITUDE ISP Account. You will receive an online bill for the Service, unless you specifically notify us that you want to receive a paper bill for the Services (at 254-651-0445). You must register online to establish a personal ALTITUDE ISP Account and provide a billing email address. You will then be able to view and pay your bill online by logging on to your personal ALTITUDE ISP Account (username and password required). You understand that you have sole responsibility for the security of your password and you are solely responsible for notifying ALTITUDE ISP if your password is lost or stolen. ALTITUDE ISP is not liable for any claims, costs, damages, or expenses arising from a lost, misplaced, or stolen password. If you forgot your password or want to change your password for any reason, you may request to reset your password online. It is your responsibility to notify ALTITUDE ISP immediately if your contact information changes.
8.2.b Bill Inquiries and Refunds.
If you believe you have been billed in error for the Services, please notify us within 60 days of the billing date by contacting Customer Service at email@example.com. ALTITUDE ISP will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation. Any amounts refunded in the form of bill credits, cash payments or any other
form shall be inclusive of all applicable taxes, fees and surcharges that were originally paid on such amounts. Credit amounts, such as customer loyalty rewards, that do not represent a refund of or a discount to the price paid for any goods or services will not result in the refund of any tax, fee, or surcharge previously paid by the customer.
You authorize ALTITUDE ISP to use outside payment processing agencies or other companies for purposes of paying any refund owed to you, and you further authorize ALTITUDE ISP to sell, assign or otherwise transfer its refund rights and obligations under this Agreement to outside payment processing agencies or other companies. You agree that we or the outside payment processing agency or other company that is responsible for your refund may determine in our, or if applicable, their sole and absolute discretion the form of any refund that we issue to you under this Agreement, and such form may include a credit on your next statement, a check, or a prepaid debit card that may be subject to monthly service fees not to exceed $2.95 per month and that are deducted from the amount of the refund.
8.2.d Promotions and Contingent Benefits.
You may receive or be eligible for certain discounts, features, promotions and other benefits associated with your purchase of the Services as offered to you in marketing and informational materials, on the ALTITUDE ISP website, or in other materials ("Benefits"). Any and all such Benefits are provided to you so long as you continue to meet qualification requirements;
provided, however, such Benefits may be modified or terminated at any time as set forth in these TOS or if you change your Services after installation. Unless otherwise set forth in Benefits materials standard monthly rates will be charged at the conclusion of the Benefits period or when you no longer qualify for the Benefits.
9.a You agree to indemnify and hold ALTITUDE ISP and its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any claim, demand, action, citation or legal proceeding, including, but not limited to, those arising out of or resulting from the death or bodily injury of any person, or the damage, loss, or destruction of any real or tangible personal property, or for reasonable attorneys' fees (except as provided in paragraph 11(e) below), made by any party against ALTITUDE ISP, its subsidiaries, affiliates, directors, officers, agents and employees arising out of or related to your use of or inability to use the Services, your connection to the Services, the provisioning or alleged failure to provision the Services, a violation of any provision of this TOS, or your violation of any rights of another.
10. INTERRUPTIONS, LIMITATIONS, AND MODIFICATIONS TO SERVICE
10.a Service may be temporarily interrupted or otherwise limited for a variety of reasons; some beyond the control of ALTITUDE ISP. ALTITUDE ISP reserves the right to refuse credit allowances for interruptions of Service. ALTITUDE ISP also reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Services (or any function or feature of the Services or any part thereof) without liability. You acknowledge that ALTITUDE ISP may establish general practices and limits concerning use of the Services.
There is no guarantee of bandwidth/throughput or quality made for any reason.
IP Network Interruptions . You acknowledge and understand that the Services will not function in the event of an IP network interruption .
11. DISPUTE RESOLUTION WITH ALTITUDE ISP BY BINDING ARBITRATION (PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.)
11.a Most customer concerns can be resolved quickly. In the unlikely event that ALTITUDE ISP's Customer Service Department is unable to resolve a complaint you may have to your satisfaction (or if ALTITUDE ISP has not been able to resolve a dispute it has with you
after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury,
allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitration and class actions are not permitted.
11.b Arbitration Agreement :
11.b.1.1. ALTITUDE ISP and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
o Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
o Claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
o Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
o Claims that may arise after the termination of this Agreement.
References to "ALTITUDE ISP", "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ALTITUDE ISP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
11.b.1.2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to ALTITUDE ISP should be addressed to: Office for Dispute Resolution, ALTITUDE ISP, 1514 Austin Ave Suite A Waco, TX 76701 ("Notice Address"). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). If ALTITUDE ISP and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ALTITUDE ISP may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ALTITUDE ISP or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ALTITUDE ISP is entitled.
11.b.1.3. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association (" AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at (800) 778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at alt.com/arbitration-information.) The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless ALTITUDE ISP and you agree otherwise, any arbitration hearings will take place in McLennan County, Texas. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall
issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, ALTITUDE ISP will pay all AAA filing , administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse ALTITUDE ISP for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition , if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
11.b.1.a. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND ALTITUDE ISP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ALTITUDE ISP agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
11.b.1.b. Notwithstanding any provision in this Agreement to the contrary, we agree that if ALTITUDE ISP makes any future change to this arbitration provision (other than a change to receiving Services, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above.
The Services use and include certain software and/or firmware (the "Software"). Some Software resides on the Equipment.
Non-ALTITUDE ISP Software, Services or Applications. Your use of the Services may also include access to and use of software, services and/or applications which interact with the Services and which are provided by non-ALTITUDE ISP third parties, and, when applicable, those third-parties terms and conditions apply to your access to and use of such non-ALTITUDE ISP software, services and /or applications. ALTITUDE ISP is not liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any such software, services, and/or applications accessed through, or in conjunction with, the Service. NOTICE ABOUT AUTOMATIC SOFTWARE UPGRADES. ALTITUDE ISP, or its applicable third-party licensors may provide Software upgrades, updates, or supplements (such as, but not limited to, adding or removing features or updating security components). You understand and agree that ALTITUDE ISP, or the applicable third-party licensor, have the unrestricted right, but not the obligation, to upgrade, update, or supplement the Software on the Equipment at any time. Although unlikely, Software upgrades, updates, or supplements could reset your Equipment and erase saved preferences and stored content.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALTITUDE ISP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILTIY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
2. ALTITUDE ISP MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) THE SERVICES WILL NOT CONFLICT OR INTERFERE WITH OTHER SERVICES FROM ALTITUDE ISP OR THIRD PARTIES THAT YOU RECEIVE AT YOUR PREMISES .
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALTITUDE ISP OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TO LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT, UNLESS PROHIBITED BY LAW,
ALTITUDE ISP SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF REVENUE OR PROFITS, BUSINESS OR GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ALTITUDE ISP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,) RESULTING FROM: (a) USE OF THE SERVICES (WHICH INCLUDES EQUIPMENT, SOFTWARE, AND INSIDE OR OUTSIDE WIRING), (b) THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICES, (c) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF THE SERVICES, EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF AN ALTITUDE ISP INSTALLER , TECHNICIAN, OR OTHER REPRESENTATIVE, (d) ANY INABILITY TO REACH 911 EMERGENCY SERVICES, ANY ALLEGED INTERFERENCE WITH ALARM OR MEDICAL MONITORING SIGNALS, OR ANY FAILURE OF ALARM OR MEDICAL MONITORING SIGNALS TO REACH THEIR INTENDED MONITORING STATIONS ALLEGEDLY AS A RESULT OF THE SERVICES AND/OR (e) BATTERY BACKUP.
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ALTITUDE ISP IN CONNECTION WITH THE SERVICE IS A REFUND NOT TO EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
Unless otherwise specified in these TOS, notices to you may be made via email, regular mail, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, or call to your billed telephone number. It is your responsibility to check for such notices. Unless otherwise specified in these TOS or required by applicable law, notices by you to ALTITUDE ISP must be given by emailing and such notices are effective as of the date that our records show we received your email.
16. CREDIT REPORTING AUTHORIZATION
As permitted under applicable laws and without limitation to other rights provided in these TOS or other applicable policies, you authorize ALTITUDE ISP to (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations , and (b) periodically obtain and use your credit report and other credit information from any source in connection with ALTITUDE ISP’s offering of the Services and other services. You understand that if you fail to fulfill the terms of your obligations under these TOS, ALTITUDE ISP may report your failure to a credit reporting agency.
ALTITUDE ISP may assign these TOS and its rights and obligations pertaining to the provision of the Services, or parts thereof, to a parent or affiliated company without notice to you. You may not assign these TOS or your rights or obligations pertaining to the Services or any parts thereof without the written consent of ALTITUDE ISP.
18. MISCELLANEOUS PROVISIONS
18.1 These TOS do not provide any third party with a remedy, claim, or right of reimbursement.
18.2 These TOS, any policies, guidelines, or other documents referenced herein, the provisions set forth in any marketing and informational materials or promotional offers for the Services, and the terms and conditions posted on the ALTITUDE ISP website constitute the entire agreement between ALTITUDE ISP and you and supersede any prior agreements between you or ALTITUDE ISP with respect to the subject matter of these TOS.
18.3 These TOS and the relationship between you and ALTITUDE ISP will be governed by the laws of the State of Texas except to the extent such law is preempted by or inconsistent with applicable federal law. In the event of a dispute between us, the law of the State of your billing address at the time the dispute is commenced, whether in litigation or
arbitration, shall govern except to the extent that such law is preempted by or inconsistent with applicable federal law.
18.4.1 The failure of ALTITUDE ISP to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision.
18.4.2 If any provision of these TOS is found by a court or agency of competent jurisdiction to be unenforceable, the parties nevertheless agree that the remaining provisions of these TOS shall remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that provision is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
18.4.3 To the fullest extent permitted by law, you and ALTITUDE ISP agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
126.96.36.199 The section titles and paragraph headings in these TOS are for convenience only and have no legal or contractual effect.
ALTITUDE ISP Phone is a residential enhanced voice communication service that converts voice communications into Internet Protocol (IP) packets that are carried over ALTITUDE ISP's IP network. It may be generically referred to as "voice over IP" or "VoIP." The Service includes direct-dialed calling and certain calling and call management features or advanced features associated with the Service, including additional features or advanced features which may be offered at additional costs, all of which ALTITUDE ISP, in its sole discretion, may add, modify, or delete from time to time. The Service also includes a telephone number or numbers that will be included in printed directories and/or directory assistance databases, and options, available at additional costs, to have numbers withheld from printed directories and/or directory assistance databases. The Service is not available for business use.
When you accept these TOS, you become the main account holder for each telephone number assigned to the ALTITUDE ISP Phone service and all plans, features, and functionalities associated with each telephone number, whether those telephone numbers, plans, features, and functionalities are purchased initially or are added subsequently. These TOS apply to all such telephone numbers and to the Service and the plans, features, and functionalities associated with the Service, for both the main account and all sub accounts. You will be asked to choose a unique name for the main account (your main account ID).
1. Billing And Payments
For ALTITUDE ISP Phone service nonrecurring and usage-based charges generally billed in the billing cycle following the transaction include, but are not limited to, international calling (including surcharges for international termination to a wireless phone number), Operator Services, Directory Assistance (411 or xxx.555.1212) , and call trace.
Ill. Service-Specific Equipment
ALTITUDE ISP Phone service requires a regular touch tone landline telephone, which you must supply, and must be connected to the SIP adapter either directly or through your home's inside wiring. (Rotary and pulse phones will not work). The SIP adapter will support up to two ALTITUDE ISP Phone lines (telephone numbers used for inbound and outbound calling). You agree that neither you nor a third party will move Equipment used for ALTITUDE ISP Phone service within your premises or to any other physical location outside of the premises where it was installed by ALTITUDE ISP. ALTITUDE ISP Phone service is not designed to be nomadic and will not function properly if the SIP adapter is moved or altered by a non ALTITUDE ISP employee. If you require the SIP adapter to be moved you must contact ALTITUDE ISP. Failure to do so may result in a failure of the Service and/or in ALTITUDE ISP's termination of your service.
Interruptions, Limitations, And Modifications To Service Since voice over IP is dependent on the IP network, the availability of an adequate power source and correct Equipment configuration, ALTITUDE ISP does not guarantee that ALTITUDE ISP Phone service will be continuous or error-free. You acknowledge and understand that ALTITUDE ISP cannot guarantee that voice over IP communication is completely secure.
You also acknowledge that ALTITUDE ISP may establish general practices and limits concerning use of the ALTITUDE ISP Phone service, including without limiting other limitations set forth in these TOS or otherwise, ALTITUDE ISP Phone service cannot be used to make operator-assisted collect or third-party billing calls (Note: an ALTITUDE ISP Phone customer can make a Collect call through a third party Collect Call company that separately handles and bills for the Collect call), nor can ALTITUDE ISP Phone service be used to make 900/976 calls; area code 500, 700, and 710 calls; 10-10-XXX dial-around calls; or international operator or directory assistance calls. Also, the ability to call certain N11 services (211, 311, 511) may not be available.
Power Outages and No Battery Backup. YOU ACKNOWLEDGE AND UNDERSTAND THAT ALTITUDE ISP PHONE REQUIRES ELECTRICAL POWER TO FUNCTION. ALTITUDE ISP DOES NOT PROVIDE BATTERY BACKUP FOR YOUR SERVICE. YOU MAY CHOOSE TO PURCHASE BATTERY BACKUP FOR YOUR SIP ADAPTER FROM THIRD PARTY MANUFACTURERS OR RETAILERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT IT WILL TAKE TIME TO CHARGE AN INITIAL BATTERY BACKUP AFTER ALTITUDE ISP PHONE IS INSTALLED AND/OR AFTER A REPLACEMENT BATTERY IS INSTALLED. YOU ACKNOWLEDGE AND UNDERSTAND THAT TO CONSERVE BATTERY POWER DURING A POWER OUTAGE, YOU SHOULD NOT ATTEMPT TO USE THE BATTERY BACKUP FOR ANY PURPOSE OTHER THAN TO POWER YOUR ALTITUDE ISP PHONE SERVICE (OR TO POWER YOUR INTERNET CONNECTION, FOR THE PURPOSE OF POWERING YOUR PREMISES ALARM, IF YOU HAVE AN IP-BASED PREMISES ALARM THAT USES ALTITUDE ISP INTERNET). YOU ACKNOWLEDGE AND UNDERSTAND THAT THE BATTERY BACKUP DOES NOT PROVIDE POWER FOR CORDLESS PHONES AND THAT, IF YOU ARE USING A CORDLESS PHONE WITH YOUR ALTITUDE ISP PHONE SERVICE, A SEPARATE BATTERY BACKUP OR OTHER POWER SOURCE MAY BE REQUIRED IF THERE IS A POWER OUTAGE. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHEN THE iNID, RG, IAD* AND ONT BATTERY BACKUP REQUIRES REPLACEMENT AND FOR REPLACING AND RECYCLING USED BATTERIES IN ACCORDANCE WITH
MANUFACTURER OR VENDOR DIRECTIONS. YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING BATTERY BACKUP OR OTHER SOURCES OF POWER FOR ANY CORDLESS PHONES YOU USE WITH YOUR PHONE SERVICE. FOR MORE INFORMATION AND MINIMUM SPECIFICATIONS
2. ALTITUDE ISP Phone 911 Limitations
YOU HEREBY ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION BELOW REGARDING THE LIMITATIONS OF 911 SERVICE OVER ALTITUDE ISP PHONE SERVICE AND THE DISTINCTIONS BETWEEN 911 SERVICE OVER ALTITUDE ISP PHONE SERVICE AND 911 SERVICE OVER TRADITIONAL WIRELINE TELEPHONE SERVICE. YOU AGREE TO ADVISE ALL INDIVIDUALS WHO MAY PLACE CALLS OVER ALTITUDE ISP PHONE SERVICE OF THE 911 LIMITATIONS DESCRIBED BELOW.
ALTITUDE ISP MAKES NO WARRANTY THAT ALTITUDE ISP PHONE SERVICE FOR ACCESS TO 911 WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR BATTERY BACKUP POWER WILL BE SUFFICIENT TO MAINTAIN THE SERVICE THROUGHOUT ANY AND /OR ALL POWER OUTAGES.
911 SERVICE OVER ALTITUDE ISP PHONE SERVICE IS ONLY AVAILABLE AT YOUR SERVICE ADDRESS, WHILE CONNECTED TO A PROPERLY POWERED SIP ADAPTER AND AFTER ALTITUDE ISP PHONE HAS BEEN ACTIVATED.
911 SERVICE OVER ALTITUDE ISP PHONE SERVICE WILL NOT FUNCTION IF YOURSIP ADAPTER IS NOT CONFIGURED CORRECTLY OR IF YOUR ALTITUDE ISP PHONE SERVICE IS INTERRUPTED OR NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF A POWER OUTAGE (UNLESS YOU HAVE WORKING BATTERY BACKUP POWER), NETWORK OUTAGE, BROADBAND CONNECTION FAILURE, OR DISCONNECTION OF YOUR SERVICE BECAUSE OF BILLING ISSUES. IF THERE IS A POWER OUTAGE, YOU MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT PRIOR TO BEING ABLE TO USE YOUR SERVICES, INCLUDING USE FOR 911 CALLING. YOU ACKNOWLEDGE THAT ALTITUDE ISP STRONGLY RECOMMENDS YOU MAINTAIN AT ALL TIMES AN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES, SUCH AS VIA CELLULAR TELEPHONE SERVICE.
YOU ACKNOWLEDGE AND UNDERSTAND THAT ALTITUDE ISP WILL NOT BE LIABLE FOR ANY LOSSES INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING YOUR ALTITUDE ISP PHONE SERVICE OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL FOR ANY REASON, INCLUDING BUT NOT LIMITED TO THE 911 CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS DOCUMENT AND/OR THE CHARACTERISTICS, LIMITATIONS, AND/OR FAILURE OF THE 911 NETWORK ITSELF.
WITHOUT LIMITING ANY PROVISIONS OF THE TOS, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ALTITUDE ISP ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE
ALTITUDE ISP PHONE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES (INCLUDING LOSS OF PROFITS OR REVENUE), LIABILITIES, DAMAGES, FINES, PENALTIES, DEMANDS, ACTIONS, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF YOU OR ANY THIRD PARTY OR USER OF THE ALTITUDE ISP PHONE SERVICE, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING WITHOUT LIMITATION CLAIMS RELATED TO 911 DIALING, ARISING FROM OR IN CONNECTION WITH ANY FAILURE OR OUTAGE OF ALTITUDE ISP PHONE SERVICE OR ANY FAILURE OR OUTAGE OF THE 911 NETWORK ITSELF.
3. Home Alarm and Other Device Compatibility
ALTITUDE ISP MAKES NO WARRANTY THAT (i) ALTITUDE ISP PHONE SERVICE USED AS A COMMUNICATIONS PATHWAY FOR MONITORED BURGLAR ALARMS, MONITORED FIRE ALARMS, AND/OR MEDICAL MONITORING SYSTEMS OR DEVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR OR ALL MONITORED BURGLAR ALARM(S), MONITORED FIRE ALARM(S), OR MEDICAL MONITORING SYSTEM(S) OR DEVICE(S), OR (iii) ANY BATTERY BACKUP POWER EQUIPMENT YOU MAY PURCHASE WILL BE SUFFICIENT TO MAINTAIN YOUR ALTITUDE ISP PHONE SERVICE THROUGHOUT ANY AND /OR ALL POWER OUTAGES. SEE MANUFACTURER INFORMATION FOR BATTERY LIFE DURING A POWER OUTAGE. YOU ARE RESPONSIBLE FOR PURCHASING AND MAINTAINING ANY DESIRED BATTERY BACKUP EQUIPMENT. ALTITUDE ISP DOES NOT SUPPORT OR RECOMMEND THE USE OF ALTITUDE ISP PHONE SERVICE AS THE COMMUNICATION PATHWAY FOR ANY ALARM SERVICE.
4. Local Number Portability
In the event you are transferring an existing phone number for your ALTITUDE ISP Phone service (i.e., porting a number to ALTITUDE ISP Phone service), you hereby authorize ALTITUDE ISP to process your order for ALTITUDE ISP Phone and to notify your existing provider of your decision to switch your local, local toll, and long distance services to ALTITUDE ISP Phone service, and you represent that you are authorized to take this action . Not all telephone numbers are eligible for porting to ALTITUDE ISP Phone service.
5. Prohibited Uses of ALTITUDE ISP Phone Service
You agree that you will NOT use ALTITUDE ISP Phone service:
1. As a business service or for a business purpose.
2. To engage in auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or for uses that result in excessive usage inconsistent with normal residential usage patterns. In addition, connection of your ALTITUDE ISP Phone service to a device which converts use of the Service to an outbound trunk line by more than one individual is prohibited. If ALTITUDE ISP determines, in its sole discretion, that you are re-selling or
transferring ALTITUDE ISP Phone service or that you are using ALTITUDE ISP Phone service for any of the aforementioned activities, ALTITUDE ISP reserves the right, without advance notice, immediately to terminate or modify the Service, or to change your call plan to a different offer on a prospective basis, and in addition, to assess additional charges for each month in which excessive usage occurred. If you subscribe to a calling plan which includes unlimited calling of any type, unless otherwise specified by your specific plan in marketing materials associated herewith, consistent monthly use in excess of 5,000 aggregate minutes per month, taking into account all types of calling in your plan which are provided on an unlimited basis, shall be presumed to be inconsistent with these restrictions and shall be subject to the conditions above.
Without limiting other rights set forth in these TOS, ALTITUDE ISP may either terminate your ALTITUDE ISP Phone service or transfer your ALTITUDE ISP Phone service to a different telephone number without penalty upon reasonable notice, if ALTITUDE ISP stops providing ALTITUDE ISP Phone service either generally or in your area, if at any time 911 service over ALTITUDE ISP Phone service is not available, or for other reasons associated with the provisioning of 911 service to your premise.