Terms & Conditions
Terms & Conditions
By signing the PocketiNet Communications Inc. customer agreement (“Agreement”), incorporating these Terms & Conditions by reference, you are agreeing with the terms and conditions set forth herein, and you are certifying that you are 18 years of age or older and have signature authority to make this Agreement.
PocketiNet may change these Terms and Conditions at any time at its sole discretion. Any such change is effective immediately upon it being posted on the PocketiNet website (www.pocketinet.com) or delivery of any other notice to you. Continued use of the Services after such change becomes effective constitutes your agreement and acceptance of the change.
Provision of Services
PocketiNet will provide to customer dedicated network connectivity as indicated in the Agreement. Customer understands that due to the bursty nature of the Internet connection speeds may vary due to various load conditions throughout the Internet at various times.
Network connectivity is defined by link connectivity between customer site and PocketiNet’s network and interconnection with our backbone service. PocketiNet will make its best efforts to deliver service at the speed indicated in this agreement, but actual speeds may be less due to conditions or circumstances or connections beyond PocketiNet’s control. In addition, PocketiNet will provide a standard installation (radio, antennas & standard mounting equipment, whatever demined necessary) to Customers in exchange for payment of fees and compliance with the terms and conditions of the agreement.
Services are defined as the use of computing, telecommunications, and information services provided by PocketiNet as well as access to computing, telecommunications, software, and information services provided by others via the Internet.
Customer understands that fair usage of this account provides monthly data total traffic at 2 Gigabytes for each dollar paid for regular residential Fixed Wireless service or 2 GB/mo. per dollar. (I.E. for example a $49 package would allow 98 GB/mo.). Any usage beyond this limit may be billed at a rate of $3 per Gigabyte in addition to your monthly billing cycle. PocketiNet may revise or implement additional usage limits at any time.
Non-Standard Installation Fees
If it is not possible for PocketiNet to perform a standard installation, Customer will receive a report of the connection options available. The report will include optional mounting configurations and their respective costs. A customer may at that time choose one of the available options or decline services.
Equipment
All equipment, (radios, antennas & standard mounting equipment), except for equipment specifically purchased and paid for in full by the Customer, will at all times remain the property of PocketiNet. Customer may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Customer shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, un-returned, damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof, together with any costs incurred by PocketiNet in obtaining or attempting to obtain possession of any such equipment.
Fees and Penalties
Statements will be sent out on the 20th of each month and payments will be due by the 1st. All automatic payments (credit card and ACH) will be processed on the 1st of each month.
Residential accounts will be given a 10-day grace period. If payment has not been received on or before the 10th of each month, your account is considered past due, and service will be interrupted until the account is paid in full. Business accounts will be given a 60-day grace period.
If payment has not been received within the grace period, your account is considered past due, and service will be interrupted until the account is paid in full. If you attempt to use the internet following service interruption, a screen will pop up with a payment reminder. Please call or login to the portal to make your payment and service will resume immediately. $15 late fees will be assessed if payment has not been received by the 25th of the month.
If you are unable to pay your invoice by the end of the grace period, please contact our billing department as soon as possible so we can make payment arrangements and avoid service disruption. PocketiNet will assess a thirty-dollar ($30.00) NSF fee for any payment returned or unable to process.
You agree to pay all applicable taxes, whether imposed on PocketiNet or directly on you, which will be applied and included in bills issued to you. You authorize PocketiNet to charge any amounts payable by you in connection with services automatically to the credit card you provided in the subscription process or credit card you provide thereafter. If you choose to bill the services to your credit card, your right to receive the Services is subject to any limits established by your credit card issuer.
Account Termination
Customer may terminate this Agreement by submitting a written request for termination (email, fax or U.S. Mail) to PocketiNet at the address listed on the PocketiNet website or calling directly to the Walla Walla office and speaking with our customer service representatives. Requests received by PocketiNet prior to close of business on the twenty-fifth day of the month shall have a termination date of the first day of the month following the receipt of the termination request. Termination requests received by PocketiNet after the close of business on the twenty-fifth day of the month through the end of that month shall have a termination date of the first day of the second month following the date of receipt.
Any Agreement terminated under this provision shall be subject to a termination fee, which shall equal fifty percent (50%), of the remaining monthly fees due under this Agreement & any Equipment Financing Agreement, from the date of termination to the end of the Agreement term.
In the event of termination under this provision by a Customer all amounts remaining due and owing to PocketiNet including aforesaid termination fee, shall be due within thirty (30) days of termination. Accounts not paid within thirty (30) days of termination shall be deemed delinquent and will be sent to collections.
Permitting & Landlord Approval
It is the Customer’s responsibility to obtain any required permits or to gain landlord approval for the placement of the antenna on the Customer’s building. PocketiNet may assist the Customer or provide this service for the Customer for an additional charge.
Use of Material
All content downloaded or uploaded using PocketiNet’s system shall remain the sole responsibility of the Customer. The Customer assumes all risks associated with material, including but not limited to, copyright restrictions, trademark restrictions, service mark restrictions, confidentiality limitations, trade secrets, patent restrictions or any other intellectual property tangible or intangible rights associated with the material.
Use of Services
Customer is expressly prohibited from reselling any services offered by PocketiNet under this agreement without the prior written consent of PocketiNet.
Hosting a web site or similar server-related services such as email is not allowed with a Residential connection and will not be supported in any way by PocketiNet. Customer understands and agrees that this service may be utilized solely for lawful purposes and the use of this service in connection with or adjunct to any matter or thing which violates any municipal, state, county or federal state or regulation is expressly prohibited.
Customer acknowledges that PocketiNet is a commercial Internet provider. Customer agrees that its use of the services herein shall not infringe upon the use by other Customers of PocketiNet and that the services are provided as a shared resource. Customers are prohibited from sending unsolicited advertising or promotional materials to other PocketiNet Customers.
Should Customer violate any provision of this section, PocketiNet Communications, Inc. at its sole discretion may immediately suspend services and terminate this agreement. PocketiNet liability for termination of this Agreement under this provision shall be solely limited to a refund to Customer of any unearned pre-paid service fees. PocketiNet shall not be liable for any incidental or consequential damages because of the termination of the Agreement under this provision.
Abuse of Services
Any use of the PocketiNet system that disrupts the normal use of the system for other PocketiNet Customers is abuse of services. The propagation of computer worms or viruses or the use of the network to make unauthorized entry to other computational, information, or communication devices or resources of others is a violation of this agreement. The use of PocketiNet’s services by Customer to modify, alter, reverse engineer, decompile disk, or disassemble any proprietary work in whatever form is a violation of this Agreement. The failure of any Customer running IPX to use an IP tunneling protocol is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) by Customer is a violation of this Agreement. Any Customer deemed by PocketiNet to be in violation of this section is subject to immediate termination by PocketiNet. Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages.
Indemnification/Release
Customer, its agents, successors and/or assigns expressly agrees to indemnify and release PocketiNet, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Customer’s installation of, use of, or termination of PocketiNet’s services hereunder including but not limited to, Customer’s access to content uploaded or down loaded using PocketiNet’s services from any source or to any recipient. Customer further releases PocketiNet from any responsibility or liability related to the accuracy, quality or confidentiality of any information available by or through PocketiNet’s systems. Customer’s release of PocketiNet includes any actions or inaction by PocketiNet, which amount to negligence. Customer further agrees to indemnify and hold harmless PocketiNet Communications, Inc. from and against any and all claims, actions cause of action, losses or damages including attorney fees which in any way arise from Customer’s installation of, use of, or termination of PocketiNet’s services herein.
Disclaimer
PocketiNet assumes no responsibility for the content contained on the Internet or from any source accessible via PocketiNet’s services. PocketiNet discloses and Customer acknowledges that there may be content on the Internet or otherwise available through the services provided by PocketiNet, which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to pornographic, or otherwise inappropriate or sexually explicit or offensive content. The customer acknowledges to PocketiNet that its use of PocketiNet’s services to access information, content or other services is at its own risk.
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 Walla Walla County, WA.
Alternative Dispute Resolution & Attorney Fees
The Customer and PocketiNet agree that any controversy or claim arising out of or relating to this Agreement shall be settled exclusively by the alternative dispute resolution procedure described in this Paragraph.
In the event a dispute shall arise between the parties to this Agreement, and the parties are unable to settle the dispute between themselves, it is hereby agreed that the dispute shall then be referred to a mutually agreeable mediator for resolution within forty-five (45) days of a written request for mediation submitted by either party. The parties agree to participate in at least three hours of mediation in an effort to resolve their dispute and to equally share the costs of the mediation process.
In the event the dispute is not fully resolved through mediation, it is hereby agreed that, to the extent allowed by law, the dispute will then be submitted for binding arbitration to a mutually agreeable arbitrator or the American Arbitration Association (“AAA”) for arbitration within forty-five (45) days of a written request for arbitration submitted by either party.
All arbitration proceedings shall be conducted in accordance with the Rules of Arbitration of AAA and any applicable state statute. The arbitrator’s decision shall be final and binding, and judgment may be entered thereon. The parties agree to equally share in the costs of the arbitration process, with the arbitrator having the authority to assess the hearing costs as part of the award. In the event a party fails to proceed with mediation prior to arbitration, fails to proceed with arbitration following an unsuccessful mediation, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to recover his/her costs of suit, including reasonable attorney fees, to enforce the terms of this agreement, compel arbitration, or defend or enforce any agreement reached or award rendered hereunder, including costs and reasonable attorney fees on appeal.
Entire Agreement
This Agreement constitutes the entire Agreement between the parties and no other representations or statements will be binding upon the parties. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER POCKETINET NOR ANY OF ITS UNDERLYING LICENSORS, EMPLOYEES, SUPPLIERS OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. THE ENTIRE RISK OF THE QUALITY OF THE SERVICES IS BORNE BY YOU. SHOULD THE SERVICES PROVE DEFECTIVE IN ANY RESPECT YOU AND NOT POCKETINET NOR ITS SUPPLIERS OR AGENTS ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR WARRANTIES THAT THE SERVICES ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING, WARRANTIES THAT THE SERVICES ARE FREE OF DEFECTS, OR OTHERWISE, OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER POCKETINET OR ANY OF ITS UNDERLYING LICENSORS, EMPLOYEES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY FOR DIRECT, INCIDENTAL, OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.