This is an Agreement for Wireless Access Service ("Service") between
the party whose name appears on the Subscriber Service Order or Sales
Order Form and In Touch Internet Services LLC, (In Touch) 1345 Yellowbud
Place, Washington Court House, Ohio 43160. In this document, "you" or "your"
refers to the individual or entity who signs this Agreement, and "we,"
"us," or "our" refers to In Touch. Unless otherwise specifically defined
herein, the terms "Wireless" and "Service," as set forth in this
Agreement.
ASSUMPTION OF SERVICE
If at any time you elect to have your Access number assumed by some
other person or entity, you will still remain responsible for any and
all charges incurred under this Agreement up to the date your number is
assumed. No assumption of Service will be effective without In Touch
consent.
TERMS AND CONDITIONS OF SERVICE
This Agreement shall take effect when we have approved your request
for Service and installed and tested your connection and activated your
wireless access number. Important: Regardless of the Service Plan you
selected, you agree to the Service Term (the "Minimum Term") stated on
your wireless invoice/proposal. Service Terms are either six (6) months,
one (1) year, two (2) years, three (3) years or Month-to-Month. The
Minimum Term starts when this Agreement takes effect. Regardless of
the type of Service Plan you have selected, the Agreement shall remain
in effect throughout the defined Minimum Term.
RATES AND CHARGES: You agree that as long as you subscribe to
our Service, you will pay the applicable Service rates (Monthly Service
Rates and local byte Rates) for the Service Plan you select, along
with all charges properly billed to your account. Such charges
include (but are not limited to) a one-time activation fee and recurring
monthly service charges, applicable byte charges, applicable late
payment charges, auxiliary service charges, interconnect fee, taxes, and
ANY APPLICABLE EARLY CANCELLATION FEES. Recurring monthly service
charges will also be billed monthly in advance. Charges are
billed for each use of our system that is rated for byte, including both
bytes transmitted and receive.
Customers must review their billing statements and notify In Touch of
any discrepancies within 30 days after the date of the disputed
statement. In Touch will issue no billing credits for discrepancies
raised more than 30 days after the date of the disputed statement.
LATE CHARGES: Payment of your Service bill is due on the 1st of
each month.
CHANGES: In Touch can modify or amend this Agreement at any time
by sending you notice in your monthly bill or to your assigned In Touch
E-Mail Address, or separately. If you do not agree to the changes made
to this Agreement, you must notify us in writing to cancel Service
within thirty (30) days of our notice to you and pay all outstanding
charges owed to In Touch including refunding the unearned portion of any
promotional value you received from In Touch; otherwise you will be
conclusively deemed to have agreed to the changes described in our
notice. Such changes may include, without limitation, rates and charges,
byte allotments, usage rules, deposits, Service Plans, billing
practices, late charges and any or all other terms and conditions of
this Agreement
EARLY CANCELLATION FEE: Early Cancellation Fees vary according to
the Minimum Term chosen. If you select a month to month plan and cancel
Service your access will remain active till the end of your service
time. You will not be responsible for a Early Cancellation Fee,
but will be responsible for all other outstanding charges on your
account. If you select any six (6) month Service Plan and cancel Service
during your Minimum Term, then you are responsible for paying for your
used access at the month to month rate for your plan. You well also be
required to pay an Early Cancellation Fee of one (1) month
Service Plan rate in addition to all other outstanding charges on your
account. If you select any twelve (12) month Service Plan and cancel
Service during your Minimum Term, then you are responsible for paying
for your used access at the month to month rate for your plan. You well
also be required to pay an Early Cancellation Fee of two (2)
month Service Plan rate in addition to all other outstanding charges on
your account
PROMOTIONAL VALUE: Interconnect fees, Toll Charges and Taxes: As
additional consideration for obtaining Service from us, you may have
obtained a promotional value from us. You remain responsible for
interconnect fees (where applicable), toll charges and for taxes,
including any sales tax, which may apply to the promotional value you
select, if any.
DEPOSITS: We may require a deposit as security for the
payment of Service charges. A deposit is not a prepayment for any
Service. We will pay simple interest on a deposit from the date it is
received until it is returned to you or your Service is terminated. We
may apply the deposit at any time to any amount due and unpaid. On
demand, you must pay any amount necessary to maintain the deposit at the
initial level, along with any additional amount required to guarantee
the payment of charges. REFUND OF DEPOSIT: Your deposit plus
interest will be refunded after twelve (12) months if all
of the following conditions are met: (1) all bills have been paid in
full by the due date; (2) Service has not been suspended or disconnected
for non-payment; (3) you have not used a scheme to obtain Service
without payment. Refunds will be made by means of a credit of your
oldest outstanding Service bill(s) after the end of the twelve (12)
month period; at your request, any remaining credit balance (if at least
$5.00) may be refunded by check.
RENEWALS AND/OR CHANGES: At the end of your Minimum Term your
access will be renewed on the same Service Plan for successive one (1)
month terms until you either instruct us to change your Service Plan,
renew your Service Agreement, or disconnect Service.
Your Minimum Term is not affected by a change in your Access Number.
FEATURES AND OPTIONS: Features and options selected other than
those included with your Service Plan, if any, are subject to monthly
fees and are in addition to your Monthly Service Rates, charges, taxes,
and tolls. Not all features and options are available in all Service
Areas.
CANCELLATION OF SERVICE: If you selected the Month-to-Month
Minimum Term, you may cancel Service by notifying us of your intention
to do so. This right of cancellation is not available to anyone
selecting a six (6) or twelve (12) month Minimum Term, except as
otherwise provided above. To reinstate Service, a deposit may be
required. If you use the Service in a manner that adversely affects our
Service to other customers, we may cancel your Service without notice.
Furthermore, the operating characteristics of your wireless access must
not interfere with the Service we offer to our customers. Service shall
not be used for any purpose that violates the law or in any manner which
interferes with the use of Service by other customers. Unlawful or
interfering uses are grounds for cancellation of your Service. We can
also cancel your Service if you have made any false statement for
purposes of inducing us to extend Services to you. We may also cancel
this Agreement if wireless service ceases to become available from the
In Touch wireless cell affiliate servicing your area.
IF YOU WANT TO CHANGE SERVICE PLANS: If you change to a lower
priced Service Plan within the first six (6) months of your Minimum Term
a $50.00 Early Transfer Fee will be charged to your account. When
changing Service Plans within the first six (6) months of your Minimum
Term, you may only avoid the Early Transfer Fee by changing to a higher
priced Service Plan. Additionally, if you change from a single
station Service Plan to an multi station Service Plan at any time during
your Minimum Term, a $100.00 Service Transfer Fee will be charged to
your account. Remember, in addition to all other outstanding charges
on your account, you will always remain liable for the applicable Early
Cancellation Fee unless you complete the Minimum Term in which you
change Service Plans. If you change Service Plans you must complete your
current Minimum Term to avoid an Early Cancellation Fee unless you
change to a new Service Plan with a Minimum Term that is greater than
the amount of time remaining on your current Minimum Term.
DEFAULT: If you do not pay any charges owed to In Touch or if you
violate any of the terms of this Agreement, in addition to any and all
rights and remedies available to us at law or equity, we have the right
to discontinue or restrict any and/or all of your In Touch Service
Points (whether for wireless, dial-in or any other service) either
temporarily or permanently. In either case, we shall incur no
liability whatsoever. However, before restricting or discontinuing your
Service(s) for non-payment, we will give you reasonable notice of our
intention. If we refer your account to an attorney or agency for
collection, you agree to pay our actual collection costs, including
court costs and reasonable attorneys’ fees, unless prohibited by law.
For each check returned unpaid, we will impose a charge of $25.00 or the
highest amount that is allowed by law, whichever is less. If any Service
is interrupted, a restoration fee may apply. Additionally, to reinstate any
Service, a deposit may be required.
ACCESS NUMBER: You have no property right or interest in your
access number. We reserve the right to change your number or to assign
it to someone else when we alone consider such a change or assignment
necessary to the conduct of our business.
AVAILABILITY: In Touch will use its best efforts to provide you
with quality Service, without interruption Service is subject to
transmission limitations caused by atmospheric and various other
conditions beyond our control. Service may be temporarily unavailable or
limited because of the wireless system’s capacity limitations. Service
to any or all customers may be temporarily interrupted or curtailed
because of equipment modifications, upgrades, relocations, repairs and
similar activities necessary for the proper operation of Service.
Service is furnished for your use. You are responsible for payments
of all Service charges properly billed to your access number. Only one
computer may use your access number.
Where subject to state regulations, Service is offered pursuant to
tariffs on file with the local regulatory commissions. Unregulated
service is offered pursuant to such terms and conditions as may be
determined from time to time by local wireless service providers.
Acceptable Conduct Policy: In Touch Acceptable Conduct Policy
(the "Policy") for In Touch Wireless Products and Services is designed
to help protect In Touch, In Touch customers and the Internet
community in general from irresponsible or, in some cases, illegal
activities.
Customers shall not, nor shall they permit or assist others to abuse
or fraudulently use In Touch Products and Services, including but not
limited to the following:
Sending unsolicited e-mail that causes complaints from the
recipients of such unsolicited e-mail; or,
Mailbombing (sending large quantities of unwanted or unsolicited
e-mail to individual e-mail accounts); or,
Unauthorized attempts by a user to gain access to any account or
computer resource not belonging to that user (e.g., "spoofing"); or,
Obtaining or attempting to obtain service by any means or device
with intent to avoid payment; or,
Unauthorized access, alteration, destruction, or any attempt
thereof, of any information of any In Touch customers or end-users
by any means or device; or,
Knowingly engage in any activities that will cause a
denial-of-service (e.g., synchronized number sequence attacks) to
any In Touch customers or end-users; or,
Using In Touch Products and Services to interfere with the use
of the In Touch network by other customers or authorized users, or
in violation of the law or in aid of any unlawful act.
User access to this system is for the private/single use of the User.
Users will not allow any other person to use his/her name and/or
password to gain access to these services. Registered users will take
full responsibility for all action(s), direct or indirect.
Multi user customer are responsible for the activities of its users
and, by accepting service from In Touch, is agreeing to ensure that its
users abide by this Policy. If irresponsible or illegal activity occurs,
then the In Touch customer’s Products and Services may be subject to
termination or other action as In Touch deems appropriate without
notice.
Users may not sell, lease, trade, transfer or give away their access
time or bytes.
As stated in the terms and conditions for In Touch Products and
Services, In Touch has the right to terminate the account of an
offending customer or take other action as In Touch deems appropriate
without notice (e.g., address filtering).
The User does not hold In Touch Software Inc., or any other users
responsible for the fitness of any files or programs downloaded from the
Internet, for any or all damage incurred while using said programs, or
time, damages, losses, either direct, indirect or consequential as a
result of connection to/with this system.
User’s access to this service is at the sole discretion of In Touch
Software Inc.’s system operator. Violation of rules, and policies set
forth herein may result in the user being denied access, temporary or
permanent, regardless of previous user fees or security status.
In Touch reserves the right to modify this Policy at any time.
LIMITATION OF LIABILITY
OUR ONLY LIABILITY TO YOU IS AS FOLLOWS:
IN NO EVENT SHALL WE BE LIABLE FOR INTERRUPTIONS OR DELAYS IN
TRANSMISSION OR FOR ERRORS OR DEFECTS IN TRANSMISSION. NOR FOR FAILURE
TO TRANSMIT WHEN ANY SUCH PROBLEMS ARE CAUSED BY ACTS OF GOD, FIRE, WAR,
RIOTS, GOVERNMENT AUTHORITIES OR BY OTHER CAUSES BEYOND OUR CONTROL. NO
CREDIT ALLOWANCE WILL BE GIVEN FOR INTERRUPTIONS CAUSED BY YOUR
NEGLIGENCE OR BY YOUR WILLFUL ACTS, OR FOR INTERRUPTIONS CAUSED BY
FAILURE OF SERVICE OTHER THAN OUR SERVICE, OR EQUIPMENT FAILURE OF ANY
KIND.
IF SERVICE IS EVER INTERRUPTED FOR REASONS BEYOND YOUR CONTROL, AS
YOUR SOLE REMEDY, WE WILL MAKE A CREDIT ALLOWANCE, AT YOUR REQUEST, IN
THE FORM OF A PRO RATA ADJUSTMENT OF THE FIXED MONTHLY CHARGES WE BILL
YOU. THE PRO RATA ADJUSTMENT WILL BE COMPUTED BY DIVIDING THE LENGTH OF
THE SERVICE INTERRUPTION (MEASURED IN 24-HOUR DAYS FROM THE TIME THE
INTERRUPTION IS REPORTED TO US) BY A STANDARD 30-DAY MONTH AND THEN
MULTIPLYING THAT RESULT BY OUR FIXED MONTHLY WIRELESS SERVICE CHARGE FOR
EACH INTERRUPTED ACCESS NUMBER. INTERRUPTIONS OF LESS THAN TWENTY-FOUR
(24) HOURS TOTAL DURATION WILL NOT BE CREDITED. IF ANY INTERRUPTION
LASTS MORE THAN TWENTY-FOUR (24) HOURS, ADDITIONAL PERIODS OF LESS THAN
TWENTY-FOUR (24) HOURS BUT MORE THAN TWELVE (12) HOURS LONG SHALL BE
CONSIDERED ADDITIONAL DAYS. IN NO CASE SHALL THE CREDIT EXCEED THE
MONTHLY SERVICE CHARGE. THIS IS OUR COMPLETE AND ONLY LIABILITY TO YOU
FOR SERVICE INTERRUPTION.
IT IS THE CUSTOMER’S RESPONSIBILITY TO CONFORM TO ALL LAWS OR
REGULATIONS AND THE CUSTOMER SHALL INDEMNIFY In Touch FROM CLAIMS
ARISING FROM ANY SUCH UNLAWFUL USE. IN NO EVENT SHALL In Touch BE LIABLE
FOR LOST PROFITS, ACTUAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
WARRANTY LIMITATIONS: THERE ARE NO EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE RESPECTING THIS AGREEMENT AND THE
SERVICE PROVIDED.
SIGNATURES
Customer:
