Wireless Internet Access Agreement
- TISD will provide broadband Internet access to the customer using wireless equipment selected, installed and maintained by TISD or a designated representative. Customer will not be allowed to access the network using their own equipment under any circumstance. TISD may, at their discretion, replace the wireless equipment as required to maintain the performance and/or security of the network.
- TISD solely shall hold all password and authentication information on the TISD radio at the customer's location.
- Any equipment that is installed at the customer location and remains property of TISD is leased to the customer for the sole purpose of the customer obtaining TISD Wireless Internet Service. Customer is responsible for the material condition of the equipment accepted by the customer at the customer site; this includes damage by fire, theft, weather or any other cause. If misuse, neglect or damage to the equipment is found, the customer will be responsible for the cost of the equipment.
- TISD is not responsible or liable for any of the following:
Any obstructions that might be erected or grow between the customer's wireless unit and TISD or any interference to radio link, which could cause degradation or loss of service, after the service activation date
Debris or ice on the wireless unit.
Installation hardware and/or software in a different computer after the initial installation.
- Re-configuration of network settings for any reason, including but not limited to: tampering, re-installation of operating system, accidental removal and moving hardware to another computer.
- Customer understands that wireless Internet connectivity requires some radio line of sight, and that obstructions between TISD and the Customer wireless unit could block the Customer's signal.
- Customer understands the set-up fees are non-refundable once the wireless connection is operable. Customer must contact TISD by phone, mail or email to terminate their account. Accounts may only be terminated at the end of the month. All equipment (radio, antenna and cables) must be returned to TISD within 14 days of termination in good working order.
- Setup Fees: TISD's standard installation fee is variable, but customer will be notified prior to service being installed. Additional components and labor beyond the basic installation will be charged on a time and material basis.
- Moving Fees: If a customer moves and can still obtain TISD wireless service and still desires service, then a minimum basic installation fee shall apply in order for TISD to retrieve any equipment at the preceding customer location and re-install it at the new location. If the equipment must be changed beyond the basic installation components and/or actual time to un-install and re-install the service exceeds 90 minutes, then additional fees may apply.
- Customer's equipment must be able to interface to a standard Ethernet connection.
- TISD may change or modify the conditions, access speeds, pricing and other terms of this service by giving thirty (30) days notice. Customer can elect to continue the service after such notice or within that thirty (30) day period, end service. Customer's continued use of the service after such notice shall constitute Customer's acceptance of the modifications of the Agreement implied in fact.
- Liability: TISD at no time will be held liable for any damage or injury to any person(s) or property(s) caused by the equipment it installs or supplies. Customer agrees to assume all liability and hold harmless TISD for equipment installed at the customer's site.
- TISD offers Customer access to the Internet. Customer hereby acknowledges that the Internet is not owned, operated, managed by or in any way affiliated with TISD or any of its affiliates, and that it is a separate network of computers independent of TISD Customer's use of the Internet is solely at the Customer's own risk and is subject to all applicable local, state, federal and international law and regulations. Access to the Internet is dependent on numerous factors, technologies and systems, many of which are beyond TISD's authority and control.
- TISD, Inc's network can only be used for lawful purposes. The transmission of any material in violation of any local, state, federal or international law is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret or material that is otherwise deemed to be proprietary or judged by TISD to be inappropriate or improper such as sending bulk e-mail messages or spam.
- Access to other networks connected to TISD's network must comply with the rules appropriate for that other network. TISD exercises no control whatsoever over the content of the information passing through its network.
- TISD makes no warrantee, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries or service interruption however caused. Use of any information obtained by TISD, Inc's network is at Customer.s own risk. TISD specifically disclaims any responsibility for the accuracy or quality of information obtained though its services.
- Routine maintenance and periodic system repairs, upgrades and reconfiguration, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of service. As a result, TISD does not guarantee continuous or uninterrupted service and reserves the right from time to time to temporarily reduce or suspend service without notice. Customers shall indemnify and hold TISD and its directors, officers, employees and agents harmless from any and all obligations, charges, claims, liabilities, costs and fees incurred as a result of interruption or degradation of service.
- TISD reserves the right to, as TISD deems necessary, monitor Customer's activity. Upon the occurrence of a default by Customer of any provision hereunder, TISD reserves the right, in addition to any other remedies which may be available to it, to terminate this Agreement and the service to Customer hereunder.
- Customer shall indemnify TISD its affiliates, officers, directors, licensees and licensors from any and all claims and expenses, including, without limitation, reasonable attorney's fees arising from Customer breach of any provisions in this Agreement.
- This Agreement is deemed to be entered in the State of Texas and the parties agree that any dispute arising under this Agreement shall have it.s venue in Victoria County, Texas, any such dispute shall be governed by and conducted in accordance with the laws of the State of Texas.
- TISD may assign this Agreement without Customer's prior consent and all of TISD, Inc's rights, title and interest herein shall inure to the benefit to such an assignee, its successors and assigns. This Agreement shall not be assignable to the Customer except with the written consent of TISD Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
- If any one of the paragraphs in the Agreement is found to be unenforceable or invalid, Customer's and TISD's agreement on all other paragraphs is not affected.
- This Agreement contains the entire agreement of the parties hereto with respect to matters covered hereby and superseded any other prior or simultaneous agreement related to such matters.
- Customer agrees to and is subject to all the conditions of TISD User Agreement, acceptable use descriptions and/or payment terms described in this document and on the TISD Web Site.
- TISD, Inc. is a Texas corporation and Internet Service Provider.