SUREWEST TERMS OF SERVICE FOR INTERNET SERVICES
Please note: By their terms, Section 4 below will not apply to customers who are not served through DSL technology. DSL technology is not used to serve customers of SureWest Broadband in Sacramento County. In addition, to the extent that there is any conflict in application, the terms of Section 7 below will be superseded by the terms of the Customer Privacy Notice provided to SureWest Broadband customers who also receive cable television service regulated by the Sacramento Metropolitan Cable Commission. Finally, because the are recitals of necessary operating policies and practices, the conditions of Sections 5, 6 and 7 will apply whether or not included in any contract.
1. BASIC AGREEMENT - TERMS OF SERVICE AND ACCEPTABLE USE POLICY. SureWest Broadband ("SureWest") provides its Service to you (the "Customer"), subject to these Terms and Conditions of Service and the SureWest Acceptable Use Policy ("AUP"). Both of these documents together constitute the Agreement that Customer has with SureWest, and that Agreement comprises the entire agreement between SureWest and you, superseding any prior agreements between you and SureWest with respect to its subject matter.
SureWest may modify the Agreement at any time on a prospective basis, and such change shall take effect at the time stated in the notice that is sent or as it is posted in the SureWest Terms of Service area on its web site (the "Effective Date"). If no Effective Date is provided, then the change will take place thirty (30) days after the change is posted to the SureWest web site. (See keyword "TOS".) Customer agrees to review the site periodically to be aware of such changes. If any change is unacceptable to you, you may terminate the Agreement as provided below. Your continued use of SureWest Service following the Effective Date constitutes acceptance of all changes.
2. YOUR ACCOUNT INFORMATION. You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. You agree to provide SureWest with accurate, complete, and updated registration information. Failure to do this constitutes a breach of this Agreement. Unless you have prior written authorization from SureWest, you may not register for additional master accounts.
You will receive a password, an account and choice of an associated sign-on name, and the ability to have additional accounts; provided, you may not select or use a sign-on name of another person (unless it is also your name), a name in violation of a third party's property rights, or a sign-on name that SureWest deems offensive or otherwise inappropriate. SureWest owns all sign-on names and licenses them to you. Additionally, you may not use your sign-on name in violation of the AUP. SureWest reserves the right to delete any such sign-on name or to request deletion.
As the Customer, you are entirely liable for all activities conducted through your account.
Customers who have had their SureWest account terminated may not access SureWest Service without SureWest's prior express written (including e-mail) permission. Customers may not allow a former Customer or other agent whose account has been terminated to use their account.
3. CHARGES AND BILLING PRACTICES. You may obtain current rates and surcharges by calling SureWest. Billing rates do not include any sales, use, value-added, personal property, or other governmental tax, fees, surcharges or assessments imposed on your account or on goods or services billed to your account. You are responsible for any such items.
If you are permitted to, and have elected to pay for SureWest by credit card, and SureWest does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by SureWest. Each time you use SureWest's Internet Service you agree and reaffirm that SureWest is authorized to charge your designated card or withdraw funds via electronic funds transfer from your checking account, whichever situation applies. Your card issuer agreement governs your use of your designated card in connection with SureWest, and you must refer to that agreement and not this one with respect to your rights and liabilities as a cardholder. You agree that SureWest may, at its option, accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle for electronic funds transfer from your checking account or credit card as applicable. This means that accumulated charges may appear on the statement you receive from your bank or card issuer. Further, you agree that SureWest may delay obtaining authorization from your card issuer until submission of the accumulated charges.
If SureWest does not receive the full amount of your SureWest account balance within thirty (30) days of the invoice date, an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge may be added to your bill and will immediately become due and payable. Customer also shall be liable for all attorneys' fees and collection fees arising from SureWest's efforts to collect any unpaid balance of your account(s). You agree to be billed for and agree to pay any outstanding balance in the event of cancellation or termination of your SureWest account. Unless you notify SureWest of any discrepancies within ninety (90) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release SureWest from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to SureWest within ninety (90) days of its publication.
SUREWEST RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING ADDITIONAL OR SUPPLEMENTAL FEES FOR SERVICES PROVIDED BY SUREWEST, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING BY SUREWEST. SUREWEST MAY ALSO ELECT, AT ITS DISCRETION, TO PROVIDE OR TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES WITH NOTICE THROUGH E-MAIL TO YOUR MASTER ACCOUNT OR NOTICE THROUGH THE U.S. MAIL TO THE MASTER ACCOUNT HOLDER.
If any such change is unacceptable to you, you may terminate your account as provided herein. Your continued use of SureWest following the effective date shall constitute your acceptance of such change. Charges paid are not refundable in whole or part if the account is terminated. Certain early service termination fees or charges also may apply.
You are responsible for all charges associated with connecting to and using SureWest Services. YOU AGREE THAT ANY TELEPHONE CHARGES INCURRED ARE YOUR RESPONSIBILITY, REGARDLESS OF YOUR LOCATION AND WHERE THOSE CHARGES ARE INCURRED. YOU ARE PLACED ON NOTICE THAT IT IS YOUR RESPONSIBILITY TO SEEK A CONNECTION POINT THAT WILL BE MOST COST EFFECTIVE FOR YOU. Depending on your connection you may be assessed communication surcharges on your SureWest bill. These apply even if you are using the unlimited access plan. You are responsible for all activities and charges under your master and sub-account(s), including any unauthorized charges to your account.
4. DSL MODEM LEASE. The following terms apply to your DSL modem lease:
a. CHARGES. The base monthly charge for leasing this equipment is Five Dollars ($5.00) per month, payable in advance. This charge is separate from the charge for the DSL service, and does not cover any charges that originate from your serving telephone utility. This charge also does not include taxes, fees, governmental assessments or other similar charges required by law to be collected. SureWest will initiate billing to you as the customer for leasing this equipment on your next invoice.
b. WARRANTY. While you are leasing this equipment, SureWest will honor the manufacturer's warranty and repair or replace any leased equipment that is defective or malfunctioning. SureWest will also assume certain responsibilities for the equipment after the warranty period:
While the equipment is being leased, and your payment is current and not in default, SureWest warrants the equipment against defective parts and workmanship to the same extent as the manufacturer warrants it. SUREWEST BROADBAND MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, DESIGN, CONDITION OF, OR QUALITY OF THE MATERIAL OR WORKMANSHIP IN THE EQUIPMENT. The warranty is void if the equipment has been harmed or lost as a result of accident, negligence, misuse, tampering, alteration, theft, vandalism, fire, water damage or other peril; or because of use not covered by the equipment specifications, such as changes in electrical power or high temperatures. Upon notification of a defect in the warranty period, SureWest will have the option to repair or replace the equipment, and this will be your sole and exclusive remedy. SureWest will bear all expenses incidental to repair, maintenance or replacement under warranty, including all labor and materials. Replacement equipment may be new or reconditioned. After the warranty expires, SureWest will repair or replace defective equipment so long as you are not in default in your lease payments.
SureWest disclaims liability for any claim, loss, damage or expense of any kind or nature arising from or in any manner related to the equipment, including without limitation liability caused directly or indirectly by (i) the inadequacy of the equipment to serve the customer's purposes; (ii) any deficiency or defect in the equipment; (iii) the use or performance of the equipment; (iv) any interruption or loss of service; and (v) any loss of business or other consequential damages, whether or not resulting from any of the foregoing.
c. FAILURE TO PAY. If you fail to pay the lease amounts due, SureWest may: (i) seek to collect the amount plus its prevailing late charge; (ii) deem the failure to pay as an election by you to take ownership of the equipment, and seek payment for its purchase price in the amount referenced below; (iii) suspend or terminate the service; and/or (iv) take any other action permitted by law. If you fail to honor the lease agreement, and SureWest has to incur legal fees or court costs to recover the equipment and/or amounts due, you will also be responsible for these costs.
d. CANCELLATION. You may cancel the lease at any time after the first ninety (90) days without further obligation, provided that you return the equipment in as good condition as when it was received by you. Your billing for the equipment will terminate when SureWest receives the equipment back in substantially as good condition as when it was received by you.
e. PURCHASE / CHARGE ABSENT TIMELY RETURN OF EQUIPMENT. You also can purchase the equipment from SureWest at any time. If you elect to do so, SureWest will provide information on purchasing to you on request.
f. NO IMPACT ON DSL SERVICE AGREEMENT. Terminating the equipment lease will not automatically terminate your obligations with respect to DSL service. If you terminate DSL service, you are required to either return the equipment or buy it, and the lease will terminate when SureWest receives the equipment back from you or receives full payment for it. Unless you return the equipment in good condition within three (3) days after termination of your DSL service, you will be charged an in-place sale charge of One Hundred Twenty-Five Dollars ($125.00) for the equipment. If the equipment is returned within fifteen (15) days thereafter in good condition, the sale charge will be refunded to you, less any setoff related to other obligations.
g. LIMITS ON CUSTOMER USE. Unless and until you purchase the equipment and receive documentation of the purchase from SureWest, title to the equipment will remain in SureWest. Therefore, you cannot move the equipment from the address at which it is currently installed, and SureWest may reclaim the specific equipment at any time. You cannot assign any rights to the equipment without SureWest consent and you cannot encumber the equipment with any lien or security interest of any kind. In addition, you cannot let others repair, work on, or tamper with the equipment. If the equipment is lost, stolen or destroyed, you will be responsible for payment of the replacement cost of the equipment.
5. USAGE. SureWest does not guarantee or represent that a Customer will receive any specific bandwidth or data throughput speed. Actual experience will be dependent upon Customer's connections, the network traffic across the Internet, site location and demand, and many other factors. The following terms will explain usage terms and conditions:
a. UNLIMITED USAGE. SureWest's unlimited accounts are flat-rate for normal and reasonable metered usage. As the previous sentence says, there are reasonable limitations on this usage. Those limitations are spelled out here and in the SureWest Acceptable Use Policy. If the Member is continuously using the SureWest system, by means of acting as a provider of Internet services to others, then the use is abusive, and serves as grounds for termination of Customer's account without a refund.
b. CONCURRENT USAGE. SureWest strictly prohibits more than one concurrent connection per account. Unless otherwise agreed, concurrent usage serves as grounds for termination of Customer's account without a refund.
c. DISK ALLOTMENTS. Customers are allocated five (5) megabytes of disk space for their home directory/web/ftp space.
d. EMULATORS, IRCS, MUDS, AND OTHER SERVERS. IRC bots or servers may not be run on SureWest's system, except with the prior explicit permission of the administrators. Bots found running will be terminated; files associated with them may be deleted. Only one IRC session per user per session on the UNIX shell. Idle IRC sessions on the shell will be terminated. MUDs may not be hosted on our system. The use of SLIP or PPP emulators on the UNIX shell is not allowed.
e. BANDWIDTH/CPU USAGE. You may make whatever material you like available as long as it is legal and it does not generate traffic in excess of limits specified by SureWest per day (Home accounts and Business accounts). For this reason, SureWest does not allow hosting or storing of any adult-oriented materials here. If your Internet site suddenly takes up inordinately large amounts of bandwidth, we retain the right to restrict access to it for such interval as we deem necessary to maintain availability of bandwidth for all users. Similarly, your actions/processes may not consume an unreasonable amount of system resources/CPU cycles.
6. MAINTENANCE. SureWest reserves the right to engage in preventative or remedial maintenance and repair activities at any time. As of the time this document was drafted, the regular scheduled routine maintenance window was set for Thursday morning between 12:00AM and 4:00AM on Thursdays. SureWest may modify this date and time prospectively. Members are reminded that interruptions during these times are likely in the course of maintenance
7. CUSTOMER INFORMATION. Collection and Storage - We maintain the following types of identity and billing information: your name, street address, telephone number(s), length of membership, and payment information. If you wish to view your identity information and billing, please go to keyword "Billing." We may also keep information on your communications with our Customer Service department, and general account history, such as accumulated usage credits or written complaints relating to your account. We safeguard Individual Information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Members Individual Information. Employees who violate SureWest's privacy policies are subject to disciplinary actions, including termination where appropriate. We may use agents, who are bound by strict confidentiality guidelines, to perform storage, processing, and other limited functions on SureWest's behalf.
8. WARRANTY / LIMITATION OF LIABILITY.
CUSTOMER EXPRESSLY AGREES THAT USE OF SUREWEST'S NETWORK, INTERNET CONNECTION, AND SOFTWARE ARE AT CUSTOMER'S SOLE RISK. THE NETWORK, CONNECTION AND SOFTWARE, AS WELL AS ANY RELATED SERVICE OR FACILITY PROVIDED CUSTOMER, ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
SUREWEST INTERNET PROVIDES THE SUREWEST INTERNET SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT CUSTOMERS WILL BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF THEIR CHOOSING, OR RECEIVE THE FULL BANDWIDTH OR DATA TRANSMISSION SPEEDS IDENTIFIED, GIVEN NETWORK USE AND OTHER TRANSMISSION VARIABLES. SUREWEST'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF SUREWEST'S NETWORK, INTERNET CONNECTION, SOFTWARE, FACILITIES AND SERVICES SHALL BE THE REPLACEMENT OR RESTORATION OF SERVICE AND A CREDIT FOR ANY OUTAGE BASED ON A PRORATION OF THE MONTHLY RECURRING CHARGE OF SUREWEST. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN THOSE STATES OR JURISDICTIONS, SUREWEST INTERNET'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. SUREWEST INTERNET DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE INTERNET, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
9. INDEMNIFICATION. Upon SureWest's request, Customer agrees to defend, indemnify and hold harmless SureWest, its affiliated companies, telecommunications providers, and Internet providers from all liabilities, claims and expenses, including attorneys fees, that arise from breach of this Agreement by use of, or in connection with, the transmission of any content on SureWest's network. SureWest reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer hereunder. In such event, Customer shall have no further obligation to provide indemnification for such matter.
Either you or SureWest may terminate your Agreement at any time unless you have committed to a term agreement, in which case a termination charge for early termination may apply to early termination by you. Given the nature of the Service, termination is your sole remedy with respect to any dissatisfaction with SureWest, including, but not limited to, (1) any Agreement term, condition, policy or practice of SureWest, or (2) any amount or type of fees, surcharges, or billing methods, or change therein. Your termination will take effect within a reasonable time after SureWest's receipt of your notice of termination.
If your account is terminated or canceled, no refund will be granted; no online time or other credits will be credited to you, and none will be converted to cash or other form of reimbursement. You will not be able to access SureWest's Internet Service without SureWest's prior written permission. Active SureWest Customers may not allow former Customers whose accounts have been terminated to use their accounts. Any delinquent or unpaid accounts must be paid in full or otherwise settled before Service will be restored. Customers using multiple accounts without prior written permission from SureWest may have their remaining accounts terminated.
Termination of a SureWest Internet connection does not constitute breach of contract or make SureWest responsible for costs associated with other services the user may have signed up for with SureWest or third parties on the Internet. It is up to the Customer to cancel additional services.
Discounts on Services or Equipment will be void if Customer terminates before the stated contract term. Absent other agreement, the termination fee for early termination will be calculated by multiplying the monthly recurring charge by the number of months remaining in the term, and adding the costs of any equipment that is not returned in good operating condition, reasonable wear and tear excepted.
11. CONDITIONS ON USE. Customer is bound by the Acceptable Use Policy provided to it, as it may be modified from time to time, receipt of which is hereby acknowledged.
12. STATIC IP ADDRESSES. SureWest assigns all Static IP addresses. Static IP addresses are not to be considered permanent and may be changed by SureWest as necessary with prior notification to the Customer. The Customer will be responsible for all IP management resulting from any required changes in static IP addresses or other network address changes.