AirNet Internet Terms of Service

This TOS is entered into by and between Network Professionals, Inc., a Wisconsin Corporation (the "Company”) and any customer and/or user that accesses the Internet Access Service (the "Service”) provided by the Company branded as "AirNet”. "Customer” shall mean any person, company or entity accessing and/or using Service. This Terms of Service document is herein referred to as the "TOS”.

  1. Internet Access Service:
    The Company undertakes to provide the Customer with Internet access Service. Customer understands and accepts that they are using the privately owned and operated network known as "AirNet”, which is owned and operated by the Company to access the public information network known as the Internet. Company reserves the right to refuse service to anyone or any party for any reason whatsoever, at any time.
  2. Service Availability Warning/Warranty:
    The Company does not guarantee uninterrupted Service. The availability of the Internet access Service provided by the Company will be subject to power outages and other conditions affecting Internet use, which are outside the control of the Company. By using the Service and thus accepting this TOS, the Customer will be deemed to have considered and accepted this qualification with respect to the Customer's application of the service to the use of VolP telephones, security systems, health monitoring systems or other systems requiring permanent, always-on connections. The Customer hereby releases the Company from all claims it may have against the Company in the future arising from damage or losses suffered by the Customer as a result of interruption of Service. NO CREDITS WILL BE ISSUED FOR LACK OF SERVICE. The Service is provided on an "as is” and "as available” basis. The Company does not warranty that the Service will be uninterrupted and free of errors, viruses, or other harmful components. The Company makes no express warranties and waives all implied warranties including but not limited to, warranties of title, non-infringement, merchantability and fitness for a particular purpose regarding any merchandise, information or service provided through the Company or the Internet generally. No advice or information given by the Company or its representative shall create a warranty. The Company and its employees are not liable for any costs or damages arising directly or indirectly from installation of the equipment, Customer use of the Service or the Internet including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages of any kind (including but not limited to lost data or profits or any other damages whatsoever whether or not advised of the possibility of damage, under any theory of liability). The Company shall have no liability whatsoever for any claims losses, actions, damages, suits, or proceedings, resulting from: other users accessing your computer, security breaches, eavesdropping, denial of service, interception of traffic sent or received using the services; your reliance on or use of the equipment or services, or the mistakes, omission, interruptions, deletion of files, errors, defects, delays in operation, transmissions, or any failure of performance of the equipment or services.
  3. Payments:
    1. Installation: Payment in full is due on completion of equipment installation and initialization of the Service.
    2. Internet Service: On initialization of Service, the Customer will be billed for (1) Service from the date Service is commenced to the first day of the next month, (2) the first full month's Service. Thereafter, Customer will be billed monthly on or about the 10th of each month, for the next month’s Service. All Service payments must be made by Visa, Mastercard, or eCheck, unless Service is a business account and prior arrangements have been made. Payment is due in full by the 1st of the month. Accounts are considered active until canceled by the Customer. All credit cards will be charged automatically for each billing period. Billing statements/credit card notifications will be sent via e-mail. NSF checks/eChecks will be assessed a $25 handling fee. A service charge of 1.5% per month will be charged on all past due amounts. If Customer account is referred to collection, Customer agrees to pay any collection costs incurred including reasonable attorney's fees, filing fees and court costs.
  4. Change in Terms:
    The Company reserves the right to change the terms and conditions of this TOS at any time as required to conform with changes in government regulations, or for any other reason(s).
  5. Applicable Law:
    Customer recognizes this TOS is governed by the laws of the county of Marathon in the State of Wisconsin where the registered office of the Company is located and shall be the forum for any legal action relating to the Service(s) provided.
  6. No Redistribution:
    Customer is not permitted to resell, redistribute or in any way retransmit the Internet connection or Service to other parties or location(s) without prior written consent. Any violation or suspected violation of this policy will result in the immediate termination of Service and/or account(s). Corporate Internet customers or Hospitality service operators, such as hotels, resorts, clubs, marinas, etc. may provide temporary Internet access to their on-premises paying customers and guests, subject to the overall bandwidth limitations of the service plan herein provided.
  7. Customer Responsibility:
    The Customer is responsible for:
    1. Creating their own back-up copy of any important or critical information that they may have stored on their system or on the Company server(s).
    2. Establishing, maintaining, modifying and protecting Customer account(s), name(s), login name(s), and password(s).
    3. Ensuring that battery backup is available to Customer equipment radios, routers, etc. during power outages; otherwise your Internet connection will not be available during a power outage. Internet Service may still be unavailable during power outages at tower relay sites affecting Customers’ Internet Service.
    4. Ensuring equipment is disconnected or suitably protected from lightning strikes or power surges. Customer may be liable for damage to Company's equipment resulting from negligence in protecting Company’s equipment.
    5. Providing adequate virus and spyware protection to the Customer’s system(s).
  8. Illegal or Inappropriate Use of the Service:
    1. a. Any Internet activity, which references back to the Company or its Services in a damaging manner, will result in suspension or termination of Service and account(s). Illegal Internet activity using or referencing to the Company or an account or Service(s) provided by the Company will result in immediate termination, possible prosecution, and assessment of legal fees accrued.
    2. Customer is responsible for the content of messages sent from their account(s), whether sent as mail or as electronic postings, or any other method.
    3. Customer shall not use their Service or account(s) to create or distribute any images, sounds, messages or other material, which are or may be considered in law to be obscene, pornographic, harassing, racist, malicious, fraudulent or libelous, nor use the Service or account(s) for any activity that may be considered unethical, immoral, illegal or against the public interest.
    4. Customer shall not intentionally seek information about, browse for, obtain copies of or modify files, passwords, tapes or any electronically or digitally formatted or stored information belonging to other individuals, businesses or corporations, no matter where they are located, unless specifically authorized to do so by the owners of or persons having control over such information.
    5. Customer shall not attempt to decrypt any encrypted material unless authorized to do so.
    6. The use of Customer Service or account(s) to send out any bulk and or unsolicited email, commercial or otherwise (spamming), is strictly prohibited. Bulk email (spamming) is defined as identical or similar email messages sent to 25 or more recipients where the recipient has not specifically requested such email. Any violation of this policy may result in the immediate termination of Service and account(s), at the sole discretion of the Company. Customers in violation of this spamming policy will be assessed the following fines and penalties, which Customer hereby agrees to pay:
      1. First offense: $100.00
      2. Second offense: $500.00 and automatic termination of Service and account(s).
    7. The posting of any advertisement or other commercial solicitation to any newsgroup or forum is prohibited. Posting to any newsgroup or forum in contravention of the newsgroup or forum’s charter is prohibited. The Company reserves the right to determine whether a post constitutes a prohibited act. The posting of a single article or substantially similar articles to an excessive number of newsgroups, forums or mailing lists, or continued posting of articles that are off-topic is strictly prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or forum, or is deemed so by the Company.
    8. Impersonating another Customer or otherwise falsifying one's Customer name in any form, email or any post to any newsgroup, mailing list, or forum is strictly prohibited.
    9. A violation of any term in this section of the TOS will result in the immediate termination of Service.
  9. Remedies and Penalties:
    The actions the Company takes may include suspension or termination of Service and account(s). The Company will not issue credit(s) for Service or account(s) canceled due to breach by the Customer of this TOS. In addition to any other fees and penalties that may be assessed by the Company, as provided herein, Customer shall be held liable for any and all costs incurred by the Company as a result of violation of any terms and conditions of this TOS. This includes, but is not limited to, attorney's fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. The Company's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is $175.00 per hour, with a minimum one (1) hour charge, plus $1.00 for each bulk email, message or posting, plus $1.00 per complaint received. These rates are subject to change at any time without notification.
  10. Common Use Policy:
    The Customer agrees that the personnel of the Company and its sub-contractors (together recognized as "Service Providers") will be allowed at their sole discretion to install, upgrade, repair and maintain the radio transmission equipment (the "Equipment") to: a) provide service to the Customer; and b) operate the network (including without limitation the Equipment at the Customer's premises) for the benefit of, and to provide services to, all Customers. The Customer specifically agrees to:
    1. Provide space sufficient to install the Equipment on its buildings, structures or towers (the "Facilities").
    2. Allow the Company/Service Provider free access to the Facilities over the internal road system located on the remainder of the Customer's property from a public road abutting the Customer's property.
    3. Allow the Company/Service Provider to access outdoor Equipment at all times.
    4. Where applicable, provide access to the interior of the Facilities during regular hours of operation for the Company/Service Provider to maintain the Equipment, its power and network connections.
    5. Provide reasonable care and protection for the Equipment.
    6. Prevent anyone from moving, altering or modifying the Equipment, its installation and configurations.
  11. Termination:
    If at any time the Customer fails to abide by any or all of the terms and conditions in this TOS, the Company reserves the right to immediately terminate the Service and account(s). In the event the Customer wants to cancel the Service, Customer must notify the Company in writing, no later than thirty (30) days prior to such cancellation. If an existing Service Contract is in effect, then a flat rate early cancellation fee of $125.00 applies.
  12. Equipment:
    All equipment supplied and installed on Customer premises by the Company to provision the Service remains the property of the Company. Any equipment belonging to the Company that is not returned upon termination of service will be billed to the Customer at full acquisition cost.
  13. Prior Agreements Void:
    This TOS hereby supersedes all previous representations, understanding, or agreements, written or oral, by or between the Company and the Customer, and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.
  14. Binding Agreement:
    This TOS shall be binding upon the successors and assigns or, as the case may be, the heirs and personal representatives, of the Company and the Customer.
  15. Applicable Law Severability:
    In the event any condition or provision contained herein is invalidated by any final judgement of any court of competent jurisdiction, the invalidity of that condition or provision shall not in any way affect the other conditions or provisions contained herein if the invalidity of that condition or provision does not materially prejudice either the Company or the Customer or its respective rights and obligations contained in the remaining valid conditions or provisions of this TOS.
Network Professionals Inc.

117 S. 17th Avenue, Suite B
Wausau, WI 54401
info@netpros-inc.net

© 2018 Network Professionals Inc.
All Rights Reserved.

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