Terms and Conditions
WOW TERMS AND CONDITIONS
These terms and conditions are applicable to both Wired or Wireless, Inc. and its subsidiary Air-Pipe.
PAYMENT AND SERVICES
WOW will provide high-speed connectivity and the installation of necessary equipment to enable access to the WOW Network for the Subscriber in exchange for payment of service and installation fees and charges and compliance with the terms and conditions.
WOW services are defined as the connectivity provided from the tower to the Subscriber’s residence, building(s), or office(s) only, terminating at a RJ45 Ethernet connection. Subscribers are sent a courtesy invoice the first of each month, via Email unless otherwise noted. It is the Subscriber’s responsibility to notify WOW of address changes. Email is the most effective way for WOW to communicate with the Subscriber about billing, network upgrades, and overall general communication about services.
To activate his/her account, the Subscriber will pay a prorated amount for the current month, plus the next month of service and will thereafter be billed monthly in advance at the current rate. Restrictions on total usage can be made at any time by WOW to control operation of the network. Cost of high bandwidth usage may be revised or changed at any time with 30-day prior notice by WOW.
There is a one-time installation fees based on designing, procuring, installing, and documenting the installation. This fee will be assessed to the Subscriber by WOW or a designated independent contractor for installation and equipment (hereinafter referred to as “Installer”), for the mounting of the necessary equipment, allocation of bandwidth, configuration changes, and aligning and testing antenna signal strength (if applicable). This installation includes up-to 75 feet of CAT-5e from the antenna to a location agreed upon by the Subscriber. The fee does not include wire mold, conduit raceway, firewall penetrations, fishing of walls, cutting in wall plates, ladder rack or electrical wiring. A standard antenna mount includes small satellite style universal mount, antenna and mounting hardware. The Subscriber is also responsible to pay the total equipment and installation cost on or before the start of the installation unless specific terms are agreed upon between the Installer and the Subscriber.
ADDITIONAL EQUIPMENT/SERVICES PRICING AND PAYMENT
The total equipment/services cost for this facility, office, or residence will be listed in the Special Provisions section of the Subscribers agreement. This total equipment/services price is in addition to any service fees or charges above. The Subscriber must provide any additional hardware needed to connect to the WOW Network beyond the RJ-45 Ethernet jack provided. This includes but is not limited to Ethernet cards, Ethernet cables, crossover cables, hubs, and routers unless otherwise specified in the formal proposal. The Subscriber can call WOW for available lease options on equipment purchases. The necessary and agreed upon equipment fee for the Subscriber connection is due prior to start of the installation of the equipment and is to be paid to the Installer.
In the event it is determined the only way WOW can provide service to the Subscriber is to mount the radio and antenna at a point away from the structure that requires a cable to be extended across ground, it is the responsibility of the Subscriber to install the necessary equipment (pole, telephone pole, or otherwise) that allows the Subscriber to receive WOW service. WOW will not install service until underground conduit has been installed that meets WOW specifications.
PAYMENT POLICIES AND TERMS
The Subscriber shall receive a courtesy invoice (payment reminder) via email on the first of each month. Payment by the Subscriber shall be made to WOW’s interenet service AIRPIPE on or before the fifteenth of the billing month. A $15.00 late charge will be assessed on any account not paid by the fifteenth of the billing month. Accounts remaining past due on the last day of the billing month will be deemed delinquent. Delinquent accounts will be placed on “accounting hold” and services to the Subscriber will be suspended until the account is paid in full. For any Subscriber account that has been placed on “accounting hold” there will be a $50.00 reactivation fee assessed to the Subscriber’s account. If payment in-full is not received by WOW within one week of placement on “accounting hold”, all property of WOW will be de-installed from the Subscriber location and the Subscriber will be subject to termination fees as stated in the Subscriber’s Agreement.
If any paper or electronic payment is returned unpaid by the Subscriber’s financial institution for any reason, WOW may charge the Subscriber’s account a returned payment fee that the Subscriber agrees to pay. Additional late fees may also be applied to any unpaid returned payment fees.
TERMINATION OF CONTRACT
This Agreement will remain in effect for the agreed term. This Agreement is non-cancelable except if WOW or its subcontractors, resellers, or partners are not providing reliable services as described in this Agreement. If the Subscriber chooses to discontinue service prior to completion of the agreed upon term so described in this Agreement, a 30-day written notice of cancellation is required and a $100 early termination fee will be due immediately upon termination. This Agreement will automatically be renewed at the end of the Agreement term on a month-to-month basis unless WOW receives a 30-day written notice of cancellation provided by the Subscriber. WOW reserves the right to terminate this Connectivity Agreement at anytime (see section Usage and Content Provisions). All correspondence must be written and mailed to:
Wired or Wireless
17813 E. Appleway Avenue
Spokane Valley, WA 99016
Attention: Customer Service Department
or via Email to email@example.com
WOWs typical connection to the Subscriber is at least a 200Kbps connection to the WOW Network. Exceptions to this guarantee are Subscribers located in low or limited signal areas, Subscribers using the Internet during peak hours, Subscribers with non-direct line of sight, or Subscribers utilizing this service during the limited connection period of their Agreement. WOW will notify the Subscriber if their service falls within one of these restrictions at the time of installation.
The availability of streaming video during peak hours may be limited. The WOW connection is an “always on” connection. Although signal interruptions may occur due to natural causes or causes beyond WOW’ control (i.e. tree growth, construction of structures in line of sight, extreme weather, etc.), WOW and its affiliates will assess the individual situation in these cases and will do whatever is necessary within WOW’ physical capabilities in order to provide continuous, and uninterrupted service to the Subscriber. WOW will respond to all network downtime within 4 hours during normal business hours or next business day and will repair any network issues under its control within a forty-eight (48) hour period. The equipment needed and the details of the problem will determine the time it takes to repair the network when down. However, the Installer is not responsible for obstructions that were not present at the time of installation or changes made by the Subscriber. The Installer will at the Subscribers cost try to resolve any problems. The Installer will at no time be liable for service interruption due to the effects of consumer electronic appliances or problems on the greater Internet network that is not directly within the Installer’s control.
EQUIPMENT OWNERSHIP PROGRAM
WOW retains ownership of all equipment installed under the provisions of the Subscriber’s Agreement, including but not limited to: the antenna, subscriber module, POE and surge suppressor. All other equipment should be purchased, owned and maintained by the Subscriber unless noted.
The Subscriber may not sell, transfer, lease, encumber, repair or replace any WOW owned equipment without the consent of WOW or the Installer. Upon termination of this Agreement, the Subscriber authorizes WOW or its affiliates to retrieve from the Subscriber premises any non-Subscriber owned equipment for appropriate disposition. It is the Subscriber’s sole responsibility to obtain any required permits or landlord/owner approval for the placement of equipment on or in the building(s) being installed. WOW suggests the AIP-PIPE equipment in the Subscriber’s possession be covered by the Subscriber’s homeowners, renter’s or other insurance. You will be directly responsible for loss, repair, replacement and other costs, damages, fees and charges if you do not return the WOW equipment to WOW in an undamaged condition.
WOW SERVICE PROVISION
In the event of an aborted connection (i.e. insufficient line of sight from a tower to an access point), the Subscriber shall be advised of the connection options available from WOW and their respective costs. The Subscriber may at that time choose one of the available options or terminate the Agreement, subject to applicable early termination fees as defined in Section III. The Subscriber is responsible for any additional costs for maintaining signal quality. If it is determined that modifications of the equipment or wiring configurations will not restore signal quality this Agreement may be terminated and all remaining fees and charges on the account will be due within fifteen (15) days of the date of termination. All equipment not purchased by the Subscriber shall be returned in good condition to WOW or a designated independent contractor and will be due at that time.
MAINTENANCE AND REPAIR
WOW is not responsible for maintenance, relocation, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, neglect, misuse, transportation, theft, negligence of the Subscriber, tree growth, snow build-up or snow fall, water elevation, or causes external to the system, such as but not limited to, failure of or faulty electrical power or air conditioning, operator error, or malfunction of the Subscriber’s computer and/or peripheral equipment not installed by WOW or its affiliates or from any cause other than the intended and ordinary use.
The Subscriber will be responsible to reimburse WOW in the event that equipment owned by WOW is handled or maintained improperly by the Subscriber. WOW will repair any AIR-PIPE owned equipment at no additional fee if it is determined the repair needed is due to a WOW equipment problem or any problem by its affiliates. The Subscriber agrees to maintain electrical power to the equipment at all times to facilitate any/all upgrades to the WOW network.
WOW will assist with replacement warranty on all equipment purchased through WOW. Warranty period for equipment purchased on this Agreement is for one (1) year. For repair, maintenance, or relocation of WOW equipment or equipment owned by the Subscriber, or for service calls of any nature other than WOW equipment failure will be assessed standard hourly repair rates including travel. The Subscriber will be billed a minimum of one hour. All technical support fees and charges will be collected at the time of service or (with prior arrangement) directly billed by the Installer. Fees will be based on WOW or a designated independent contractor published fee rate schedule.
USAGE AND CONTENT PROVISIONS
Subscriber agrees that his/her usage of the WOWs AIR-PIPE Internet service pursuant to this Connectivity Agreement shall be governed by WOW’s Acceptable Use Policy (“AUP”)
Use of the service by Subscriber after any amendment, revision, or change to the AUP has been posted shall constitute acceptance of the revised or amended AUP. Subscriber shall have sole responsibility for ensuring that all other users of Subscriber’s service understand and comply with the terms and conditions of this Agreement and the AUP. Subscriber further acknowledges and agrees that Subscriber is solely responsible for and liable for any and all breaches of the terms and conditions of this Agreement and the AUP, whether the breach is the result of use by the Subscriber or by any other user.
Additionally, WOW drops all peer to peer (P-2-P) networking protocols through WOW’s Firewall. Static/Public IP Addresses can be acquired from AIRPIPE that allows these protocols to reach the Subscriber. The Subscriber is legally responsible and accountable for the content of the files shared.
WOW, or any other affiliates, subcontractors, employees, resellers, or agents will not be liable to the Subscriber or to any other party for any direct, indirect, incidental, special, punitive, consequential, or other damage, loss (including loss of profits, earnings, business opportunities, or data), inaccuracy of data, allegations, claims, suits, or other services; or personal injury (including death) resulting from, arising out of, or in connection with direct or indirect use of the equipment or Network service.
This limitation of liability also includes, but is not limited to the following: a contention that the use of the equipment of Network services by the Subscriber or another party infringes the copyright trademark patent, trade secret, confidentiality, privacy, or other intellectual property or contractual rights of any third party; mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmission, or any failure of performance of the Subscriber’s computer, other connectivity equipment, or Network service; the content or services available or otherwise through WOW, including the accuracy, quality, and confidentiality of information obtained through third parties through the Network; the activities of other users or Subscribers in accessing or monitoring the Subscriber’s computer or the use of the services.
This Agreement does not give the Subscriber any interest, title, or license to the assigned Subscriber user ID, IP address, Universal Resource Locator (URL), or domain name that the Subscriber uses with WOW high-speed Network services.
GOVERNING LAW AND VENUE
The laws of the State of Washington shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be in Spokane County, WA.
The Subscriber and WOW agree that should either party bring action or enforcement, interpretation, or otherwise under this Agreement, the prevailing party in such action shall be entitled to all attorney’s fees and costs including those incurred in any appeal.