NOT reading this document does not limit your liability regarding your subscription.
HollerNet provides its Wireless Internet Service Provider (WISP) CUSTOMERS access to bandwidth through a wireless Internet connection, which we refer to as the “SERVICE”. The Acceptable Use Policies (AUP) are intended to provide protection for our CUSTOMERS and the Internet community, while also allowing HollerNet to fairly share its WISP network to all CUSTOMERS. HollerNet may modify the TERMS AND CONDITIONS of this agreement at any time. The most current TERMS AND CONDITIONS, in effect, shall be those found on the HollerNet web site at www.hollernet.com. The prices for SERVICE are subject to change from time to time, with the most current prices, as well as HollerNet AUPs found on our website at www.hollernet.com. HollerNet refers to any paying individual, organization or business using the WISP SERVICE as a CUSTOMER. The below signed Customer does acknowledge and consent to enter into this 2 year service agreement with HollerNet with all of the following factual obedience to concur:
USE OF SERVICE AT YOUR OWN RISK
The CUSTOMER is solely responsible for the content of communications on the Internet. The SERVICE provided by HollerNet is “as is” and at your own risk. HollerNet denies any responsibility for the accuracy of information obtained through the SERVICE. The transmission of data over an iternet connection is subject to errors, delays, and interruptions. HollerNet is not responsible or liable for any errors, delays, or interruptions. The CUSTOMER understands that current regulatory and technical issues prohibit expectation of privacy when using Internet services.
HollerNet does not guarantee uninterrupted SERVICE. We will not and cannot be responsible for any disruption of Internet connectivity due to power outages, network faults or acts of nature, HollerNet equipment malfunction or any natural disaster (including weather). All Internet service is provided on an "as is" and "as available" basis. HollerNet does not guarantee any loss of SERVICE time, transmission errors, connectivity or quality of SERVICE. The CUSTOMER acknowledges and agrees that the SERVICE is not intended to be, and will not be used as, your primary or “lifeline” telecommunications service. CUSTOMER acknowledges that the SERVICE also relies upon underlying provider, Wide Open West (WOW) or others, and that such providers are likewise indemnified.
The CUSTOMER authorizes HollerNet or its contractor(s) or others authorized by HollerNet to install the necessary wiring and Subscriber Unit (SU) required for wireless Internet SERVICE on the premises specified by the CUSTOMER at the time of installation. The standard installation includes the mounting of an antenna and/or SU, a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one computer and/or router on the CUSTOMER’s premises. Fishing of walls and or attic crawling is not included with standard installation. The connecting of multiple computers, routers, or other equipment at CUSTOMER’s premises may require addition costs in equipment and wiring. Any requests for custom installation work will require additional costs or charges by HollerNet or its contractor(s). HollerNet and any contractor(s) will not be liable for any alterations to CUSTOMER’s premises that result from the installation or removal of the SU and/or wiring including any holes in walls, cable wiring or antenna mounting brackets; although great care will be used to make the installations reasonably appealing. In the event of installation within a rental/lease home/business tenant must deliver a signed RIGHT OF ENTRY (ROE). Furthermore, Customer understands that any equipment placed by HollerNet and its affiliates on the service property are to remain sole property of HollerNet under this 2 year service agreement
Wireless Internet communications is dependent on a clear Line of Sight to the Access Point (AP), which is the point where the wireless connects to our broadband transmitters. HollerNet will make every reasonable effort to provide our CUSTOMER with the best SERVICE possible. Unfortunately, some locations could experience changes in SERVICE due to seasonal changes, i.e. spring and summer foliage, which in turn effect the line of sight to the AP. HollerNet will make every reasonable effort to relocate or realign the SU. However HollerNet cannot prevent Line of Sight problems, and therefore cannot guarantee SERVICE or be liable for any loss of SERVICE.
HollerNet will invoice its customers monthly by email only, with the exception of the first invoice which will be prorated for the remainder of the existing month. Set up fee is due prior to the time of installation. The invoice balance may be paid with cash, check or money order payable to HollerNet. The payment is due on the 15th day of the month. . Any account not paid by the 22nd day of the month will have their service interrupted. A 0.00 Administration Fee will be required to enable service. AFTER 30 DAYS LATE THE SERVICE WILL BE CANCELED. The balance due, plus a $30.00 administration fee, must be paid in full to reactivate account. A deposit or full annual payment may be required.
HollerNet may, at its discretion, immediately terminate SERVICE to the CUSTOMER upon any single or multiple incidents of the following conditions: A. Failure to pay SERVICE; B. Interfering with the disrupting of Internet SERVICE to other CUSTOMERS and/or their equipment on the HollerNet wireless network (see also AUP); C. Propagation of computer viruses and/or spyware (see also AUP); D. Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information (see also AUP); E. Unsolicited blanket emailing known as "spamming", (see also AUP); F. Any violation of local, state, federal or international law or that of any Sovereign Nation, as well as HollerNet AUPs.
EXCESSIVE BANDWIDTH CONSUMERS (EBC)
CUSTOMER activities that consume unusually large amounts of bandwidth, including, but are not limited to, multiple computers on the same connection, programs or servers which provide SERVICES to others via the CUSTOMER’s SERVICE will fall under a EBC plan. When excessive consumption of bandwidth by a CUSTOMER prevents all CUSTOMERS fair access to the HollerNet wireless network. We reserve the right to take necessary steps to correct this problem. These steps include, but are not limited to, limiting bandwidth, disabling communication protocols, and discontinuing SERVICE without prior notice.
If at any time HollerNet discovers that the CUSTOMER is sharing their SERVICE or has networked to others outside of the premises, without the express written consent of HollerNet, SERVICE will be immediately terminated to the CUSTOMER with no refunds of any kind. In particular, should a CUSTOMER operate his own wireless network for household or business use, then it must be secured with at least WPA, WEP, or other effective method to restrict access from the general public. Unsecured, "open" networks are not only a potential cause of excessive bandwidth use, they are a security threat and an example of unauthorized sharing of the SERVICE.
CUSTOMER agrees to indemnify and hold harmless HollerNet, it's owner(s), partner(s) and contractor(s) against all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or relating to any and all claims and/or losses accruing or resulting from the installation of SERVICE, equipment materials or supplies in connection with the performance of this agreement, to any and all CUSTOMERS and/or any other person, firm, organization or corporation.
HollerNet is not responsible for maintaining or supporting any equipment owned by the CUSTOMER, and is not liable for any damages to the CUSTOMER’s SU, computer(s) or other equipment.
Spamming is the sending of unsolicited e-mails. HollerNet will not tolerate any type of spamming. The SERVICE of the spamming CUSTOMERS will be immediately disconnected without prior notice and will not be eligible for any refund(s) for termination of SERVICE due to spamming.
All customers are bound by a signed written service agreement. A customer wishing to cancel service must submit a cancellation request in writing. If the customer cancels service within the initial 2 years of service, they are subject to a $300.00 early termination fee. HollerNet will not refund any "set-up" or "installation" fees after the first 30 days. Any discounted rates or service referral credits shall be forfeited on early cancellations. By signing below the customer agrees, that in the event of cancellation, to allow any and all HollerNet personell to enter service address/property to obtain the client CPE(radio). The customer will continue to be liable under these Terms and Conditions as well as the service agreement for all fees and charges until such time as the service agreement has been properly terminated or we have acknowledged such termination in writing.