Bay Broadband Service Agreement

1. Acceptance. Customer will have accepted and be bound by this Agreement if Customer does one or more of the following: (1) provides BBC with a written or electronic signature on a Service Order; (2) otherwise indicates electronically that Customer orders Service and accepts this Agreement; (3) verbally orders Service and accepts this Agreement if ordering from BBC by phone; or (4) activates Service through the Equipment. Customer agrees that BBC may check Customer’s credit history before providing service or installing equipment and consents to BBC’s request for bank and credit card references.
2. Term. The term of this Agreement is set forth on the Service Order and will normally be for one year unless otherwise indicated. The term begins with the date of the Service Order or the date upon which service activation occurs, whichever is later. Upon completion of the term, this Agreement shall automatically renew on a month to month basis until terminated by either BBC or Customer upon thirty (30) days prior notice. Unless otherwise agreed to in the Service Order, if Customer terminates, or otherwise causes BBC to terminate this Agreement prior to the end of the term, BBC may impose a termination fee of up to $250 which you hereby authorize BBC to charge such amount to your credit or debit card, which charge shall be in addition to any other obligations of Customer set forth herein.
3. Installation. Customer warrants that they are at least 18 years of age and either own the premises at the location given in the Service Order or have received written permission from the owner to make any changes to the premises needed to install and power the Equipment and receive the Service. In the case of an apartment or condominium, Customer warrants that they have confirmed that placement of an access device (including antenna, if needed) in a common area is not in violation of building owner’s or other restrictions. Customer hereby authorizes BBC or its contractors to install the Equipment necessary to receive the Service and agrees to allow BBC or its contractors access to the premises to install, maintain, or repair the Equipment. Customer agrees that any custom installation that you request, including but not limited to placing cable inside interior walls, moldings, or cabinets or under carpets, may result in additional charges. The Equipment supplied by BBC under this Agreement is, and shall remain , the exclusive property of BBC and must be returned to BBC in good and working condition upon the termination or expiration of this Agreement or the termination or disconnection of your BBC Service. You must use reasonable care to avoid damaging it, and agree not to alter, modify, sell, license, assign, encumber, relocate, move or tamper with it. If the Equipment is not returned to BBC in good and working condition within 15 days after termination or expiration of this Agreement or the disconnection of your BBC Service , then BBC shall have the right to charge you up to $500 for the Equipment and you agree to pay such charge and you hereby authorize BBC to charge such amount to your credit card. This charge shall be in addition to any applicable early termination charges set forth in Section 2 above. If you have purchased your own Equipment for use with the BBC Service, then the provisions of the foregoing shall not apply to you with the exception of the early termination charges set forth in Section 2, if applicable.
4. Payment. Upon activation of Service, Customer agrees to pay in full installation and activation fees, if applicable, and any equipment purchase fees, by pre-authorized charge to a valid credit or debit card (for Residential Customers) or upon presentation of an invoice (for Business Customers). Residential Customers agree to pay for Service at the rate indicated in the Service Order on a monthly basis, in advance, by pre-authorized automatic charge to a valid credit or debit card; payment by check is available only on a quarterly basis, in advance, upon presentation of an invoice. Business Customers agree to pay for Service at the rate indicated in the Service Order on a monthly basis, in advance, by pre-authorized automatic charge to a valid credit or debit card or bank account, or on a quarterly basis, in advance, upon presentation of an invoice, or such other terms as stated in the Service Order. All invoices shall be 30 days net. Customer shall promptly notify BBC of any changes to the credit or debit card or bank account used for payment. In addition to BBC’s charges, Customer also agrees to pay any federal, state, or local taxes, usage charges, or other fees imposed on Customer or BBC and directly associated with Customer Service or Equipment. BBC will resolve all disputed charges in its sole discretion. If BBC determines that an error was made, it will credit Customer's account in the amount of the error. If Customer fails to pay when due, BBC may after 15 days charge Customer a late fee of 10% of the amount due or such amount as is permitted by law. If Customer fails to pay within 30 days of due date, then BBC may suspend Service without notice; restarting Service will require payment of all amounts due, in addition to a re-activation fee of $50. If accounts past due by 30 days are not resolved promptly, BBC may at any time repossess its Equipment from Customer premises (and Customer hereby consents to BBC’s entry upon Customer’s premises for such purposes) and impose a termination fee as described above. In addition, if Customer fails to pay any amounts when due under this Agreement, BBC shall be entitled to exercise any remedies available to it under this Agreement or at law or in equity. Customer agrees to pay the costs of collection or repossession, including any attorney’s fees.
5. Acceptable Use. Customer agrees to be bound by BBC’s Acceptable Use Policy, as amended from time to time by BBC and posted on the www.baybroadband.net web site and hereby made a part of this Agreement. Customer agrees to use the Service in accord with the Acceptable Use Policy and all applicable laws. Customer is solely responsible for all content transmitted using the Service or the Equipment and shall not use the Service or the Equipment in ways that could be harmful, damaging, or cause interference to BBC’s network or to others. Specifically, Customer shall not use the Service or Equipment to communicate harassing, threatening, defamatory, pornographic, or obscene material or messages; to send or broadcast unsolicited commercial messages; to infringe copyrights, patents, or other intellectual property; to attempt to gain unauthorized or illegal entry to other’s computer systems; or to transmit any virus, worm, or other malicious or potentially damaging code. BBC reserves the unilateral right to suspend or terminate service to any account engaging in such activities.

   In addition, Residential Customers may not resell or lease BBC’s Service or Equipment to any other person or party, provide it to persons not resident on Customer’s premises, use it to operate an Internet Service Provider enterprise, or operate servers connected to the Internet for commercial purposes. Business customers may not resell Internet access services.

   Customer will be provided a user account ID and a password for use of the Service. Customer agrees to use the Service in compliance with this Agreement, to be responsible for the Service and any other services ordered or used by or through the Service, and to be responsible for anyone who uses the Service under Customer's account ID or password. Customer agrees that he/she will protect the account ID and password from unauthorized use or disclosure and will not transfer the account ID or password to any other person. Customer acknowledges that content unsuitable for persons under 18 years of age ("Minors") is available on the Internet and may be accessed by use of the Service and agrees to appropriately supervise the use of the Service by any Minors.

6. Service Availability and Speed. BBC’s wireless network is highly reliable, continuously monitored, and not normally affected by weather. However, extreme events outside of BBC’s control, such as lightning strikes, can damage equipment, and the quality and availability of Internet access experienced by Customer can also be affected by viruses or other problems in Customer’s computers or by conditions on the Internet itself. Service also may be temporarily unavailable during system repairs or modifications. It is BBC’s intent to provide at least the access speeds indicated on the Service Order for a particular level of Service at all times, but Customer should expect that some variations in speed may occur from time to time due to network conditions or conditions on the Internet. BBC does not make a specific service level guarantee or provide remedies for disruption of Service unless specified on a Service Order or expressly set forth in this Agreement, but will give credit for or refund payments for any periods when its Service is unavailable to Customer through failure of BBC’s network. Your Service may limit the amount of data that you can upload and/or download each month ("bandwidth") or may be priced according to the amount of bandwidth you use per month. Please see the description of your particular Service by referring to your Service Order or BBC’s Acceptable Use Policy which may be modified from time to time at BBC’s sole discretion. If during any month, you exceed a monthly bandwidth limit associated with your service BBC may, going forward, change your service to one permitting such bandwidth use and you agree to the standard fees BBC charges for such level of service. BBC will provide you with thirty (30) days advance notice of any change to your Service plan or rates.
7. Content. Customer acknowledges that BBC offers no guarantee or assurance regarding, and has no responsibility for, the accuracy, completeness, appropriateness or utility of documents, graphics, photos, music, and other content or services ("Content") provided by BBC or third parties over BBC’s Service. Customer also acknowledges that BBC is not responsible for the actions of any third parties contacted by Customer over the Service. Customer takes full responsibility for use of Content in which others have proprietary or intellectual property rights, and agrees not to reproduce, broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate any such Content over the Service without prior written consent from Content owners or rights holders.
8. Privacy. BBC will take reasonable efforts to safeguard any personal Customer information that it collects in the course of checking credit, planning installation, or providing Service. BBC does not sell Customer information nor share it with third parties (except BCC contractors when required for the performance of their services) nor disclose it except to authorized officials or agencies as required by law. BBC may from time to time offer additional services to its customers, but any Customer may contact BBC to opt out of receiving such marketing offers.
9. Suspension or Termination of Service. BBC may limit, suspend or terminate Customer's Service or this Agreement at any time and without providing notice to Customer if: Customer fails to pay any charges when due under this Agreement; BBC has reason to believe that Customer's Service is being used in a fraudulent manner or for an illegal purpose or in a way that adversely affects other customers' Service; or Customer's use of the Service or Equipment exceeds limitations or violates any restrictions placed on Customer's account or otherwise breaches this Agreement. BBC may take any action that it deems necessary to protect its network, its rights, or the rights of its customers, licensors, and other third parties or to improve its network, its Services and Equipment. Customer acknowledges that such action may include the use of methods or technologies to filter or block messages sent through the Service or to notify BBC of attacks or the potential for attacks by viruses or sources of "spam" from within its network. BBC reserves the unilateral right to filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any Customer preference. BBC may suspend or terminate Service to any Customer, without prior notice, if in its sole judgment such action is required to protect its network. Such a circumstance might occur if BBC detects activity at variance with its Acceptable Use Policy or if, for example, an unprotected computer attached to its network becomes taken over by a third party with or without the knowledge of the Customer and becomes an unchecked source of "spam." BBC shall not be liable to Customer for exercising or failing to exercise its rights under this Section to limit, suspend, or terminate Service.
10. Limitation of Liability and Indemnification. BBC makes no representations or warranties, statutory, express or implied, as to the suitability of its Service for any particular purpose or as to the Equipment. Customer assumes all responsibility for use of the Service and acknowledges that interruptions of Service may occur. BBC shall not be liable for any deficiency in the Service, including but not limited to interruptions, Equipment failures, delays or defects, network problems, inability to access the Service, or problems of unauthorized access; any suspension or termination of Service by BBC or any other action taken by BBC to protect its network and the rights or property of BBC, its customers or licensors from potential harm; any damage or personal injury allegedly caused by use of the Equipment or Service; any other damage due directly or indirectly to causes beyond BBC’s control, including, but not limited to, any act or omission of any carrier or service provider other than BBC; or acts of God, acts of public enemies, acts of the government, acts or failure to act of Customer, its licensors, agents, employees or subcontractors, fires, floods, epidemics, quarantine restrictions, hazardous environmental conditions, strikes, freight embargoes, inability to obtain materials or services, war, terrorism, unusually severe weather conditions or default of BBC’s subcontractors.

    BBC’s sole liability for Service disruption, regardless of cause, is limited to a credit proportional to the charges to Customer for the period of Service disruption or other credit specified in a Service Order. Such compensation aside, and to the extent permitted by applicable law, BBC shall not be liable for damages or for consequential, incidental, special or other indirect damages, nor for economic loss, personal injury, or property damage sustained by Customer or any third parties. This section shall survive termination of this Agreement.

    If Customer purchases Equipment from BBC, then such Equipment becomes the property and responsibility of Customer and is protected by manufacturer’s warranty only to the extent provided by the manufacturer of the equipment. Customer acknowledges that BBC is not responsible for maintenance or repair of Customer-owned equipment, unless separately contracted for and agreed to. Installation and use of Equipment, whether owned by the Customer or by BBC, is at the risk of Customer. BBC will not be liable for any damages, including property damages, resulting from installation or use of the Equipment by Customer or any third party, including BBC contractors; all BBC contractors are required to carry liability insurance. If Equipment is lost or stolen, Customer agrees to promptly notify BBC and to provide BBC with any documentation or information that it requests and otherwise cooperate with BBC in the investigation of such incident. Customer shall be responsible for any loss or damage to any Equipment belonging to BBC on Customers premises.

    Customer shall indemnify, defend, and hold BBC harmless from any violation by Customer of any applicable law or regulation. Customer will further indemnify BBC for any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information or Content that Customer submits, posts, transmits or makes available through the Service or Customer's use of the Service or Equipment; Customer's actual or alleged violation of this Agreement; or Customer's actual or alleged violation of any rights of a third party.

11. General. This Agreement and the documents to which it refers form the entire agreement between Customer and BBC. If Customer is a business or other organization, the Customer represents and warrants that the individual accepting this Service Agreement on behalf of the Customer is authorized to do so. This Agreement is not for the benefit of any third party. No failure or delay by BBC in exercising any right or remedy shall operate as a waiver. Any waiver by BBC of any provision in this Agreement must be in writing and shall apply only to the specific default identified in the waiver.