Telnes Broadband - Built for Business DSL & T1

Services. Subject to the terms and conditions of the agreement. In any event, use of the services shall constitute acceptance of this agreement. Customer shall use the services without the right of resale or distribution, and in accordance with the applicable law and the acceptable use policy and the customer policies, which are available at www.telnesbroadband.com (collectively, "policies" and which form a part of this agreement). Telnes reserves the right to change the policies upon notice to the customer. If the customer does not agree to change the policies, customer must terminate this agreement without penalty by providing Telnes with written notice within seven days of the date of the notice of the changed policies; otherwise any continued use of the services shall be deemed to be acceptance of the changed policies. Customer shall be solely responsible for the safeguarding of its passwords and may be unable to access its files in the event and password is lost, forgotten or misappropriated. Telnes and its suppliers may, from time to time and without liability, interrupt services for maintenance and other operational reasons, and customer shall not receive any compensation for such interruptions. Telnes reserves the sole and exclusive right to determine or revise its service area, and the right to discontinue any service or product without liability. Customer agrees that IP addresses are not guaranteed, transferable of provided for further distribution.

Products and Customer Equipment. Telnes may deliver to customer certain software, hardware and documentation, including but not limited to CPE defined below (collectively, "products"). Telnes grants to customer a personal, non transferable, non exclusive, license to use the software and documentation during the term solely for customers own internal use of the services. Telnes will use commercially reasonable efforts to supply and configure the Telnes supplied equipment external to customer’s personal computer (referred to as "customer premises equipment" or "CPE") to allow customer to use the services unless customer has chosen to supply its own Telnes Broadband qualified CPE for SDSL or T1 services, subject to the customer provided CPE terms set forth below in Customer Provided Equipment (CPE). Telnes Broadband is not responsible for the configuration of, or internal equipment for, Customers personal computer or other hardware or software that may be necessary to make such computers compatible with the services. For any CPE that customer purchases through Telnes Broadband, Telnes Broadband may supply new or re certified equipment. On new and re certified equipment purchased by customer through Telnes Broadband, Telnes Broadband will provide a one year warranty from the day the customers order is closed (the "installation and defined below). At Telnes Broadband’s discretion, any equipment Telnes Broadband supplies as replacement equipment (E.G. for warranty purposes) may be new, re certified or refurbished. Any equipment supplied as replacement equipment will carry the remainder of the one year warranty described above. If the CPE malfunction is the result of customers abuse, misuse or reconfiguration of CPE or equipment, Telnes Broadband will charge customer for the field service technician visit (if applicable) at the rates set forth in the most current version of the customer policies and the current list cost of any replacement CPE. After expiration of the one year warranty period, Telnes Broadband will replace such malfunctioning CPE, and customer will be responsible for the list cost of the CPE and the field service technician visit (if applicable), each as set forth in the customer policies. Telnes Broadband may also provide any product or CPE upgrades at no expense to customer, and customer shall use all such upgrades provided by Telnes Broadband to ensure proper functioning of the services. Telnes Broadband and its suppliers shall have no obligation or liability in connection with any equipment not purchased through Telnes Broadband and configured by Telnes Broadband, or for any abuse, misuse or reconfiguration (including, but not limited to, the addition of software or other devices on the CPE) of any equipment by any party other than Telnes Broadband.

Setup. Services are provided over a permanent virtual circuit ("customer circuit") to customers premises. If customer orders SDSL or T1 internet services, "installation" will be deemed to have occurred when: (I) Telnes Broadband can verify connectivity of the service ordered between the CPE and the Telnes Broadband DSLAM or other network equipment; and (ii) Telnes Broadband can verify internet connectivity from a host on the customers network to a host on the internet, through a ping test or another applicable connectivity test. If customer orders ADSL internet services, Telnes Broadband "installation" will be deemed to have occurred five days after the customers LEC confers that the DSL capable loop has been delivered, or when Telnes Broadband detects traffic on the customer circuit, whichever occurs first. If Telnes broadband is unable to successfully install a service that the customer has originally ordered, Telnes broadband will allow customer to accept a lower speed service, if available, or customer may decline the customer circuit without a termination fee. If customer declines the customer circuit and, if customer has ordered only that particular service, customer and/or Telnes broadband may terminate this agreement. Customer will be responsible for any additional unforeseen construction costs including, without limitation, inside wiring administration and special installation costs. However, Telnes broadband shall obtain customer’s consent before incurring any such special costs.

Monitoring. Telnes and its suppliers have no obligation to monitor the services, but may do so and disclose information regarding use of the services if Telnes or its suppliers believes that it is reasonable to do so, including to: (I) satisfy laws, regulations, or governmental or legal requests; (ii) operate the services properly; or (iii) protect its self and its other users and customers. Telnes broadband may immediately remove customers’ material or information from Telnes broadband servers, in whole or in part, if Telnes broadband determines that such content violates Telnes broadband acceptable use policy. In addition, Telnes broadband may disconnect customer’s service if Telnes determines that customer is in violation of the acceptable use policy, and customer will be responsible for any applicable fees.

Fees and Payments. Customer shall pay for all services and products that Telnes Broadband furnishes to Customer at the applicable prices set forth in customers order. Customer shall also pay any repair, telephone additional charges set forth in the customer policy. Upon installation (as defined in Setup), Customer shall pay all up front fees and the first month of all monthly fees for services for which installation has occurred. Telnes shall bill Customer once a month. Telnes will bill Customer for recurring charges on the first day of the month in which Telnes provides Services. For example, Telnes’ July 1 invoice will bill Customer for Services to be received from July 1 thru July 31. For new Customers installed during a month, Telnes will invoice on a prorated basis for that months services as well as fees associated with installation, set up and equipment. Accounts will be considered late if not paid within thirty (30) days of the date of the invoice. After thirty (30) day period, all unpaid fees will accrue interest at a rate of one and one-half percent (1.5%) per month or any part thereof, or the highest rate allowed by applicable law; and customer shall pay all collection costs incurrred by Telnes (including, without limitation, reasonable attorney's fees). Telnes reserves the right to charge credit card on file if your check payment is cancelled, fails to process, or if your account remains past due. A twenty-five dollar ($25.00) returned check fee will be charged for any payment being returned from your financial institution.

Taxes. Customer shall be responsible for and shall pay all applicable federal, state and local taxes, fees, charges, surcharges or other similar exaction (hereinafter called "taxes") imposed on or with respect to the services and/or products that are the subject of this agreement whether such taxes imposed directly upon customer or upon Telnes broadband. For purposes of this section, taxes do not include any taxes that are imposed on or measured by the net income of Telnes broadband.

Term and Termination. The term of this agreement will run from the effective date until the end of the minimum term from the last installation of a service. The services and obligation to pay for such services will continue after the end of their respective minimum terms on a month to month basis, unless either party terminates the agreement or cancels such service by providing at least thirty days prior written notice. Either party may terminate this agreement or a particular service at any time providing at least thirty days prior to written notice, except that if customer terminates this agreement prior to the end of the minimum term of any of the services or cancels a particular service prior to the end of its minimum term, or if Telnes broadband terminates and/or disconnection fees as described in the customer policies ("termination Fees"). THE TERMINATION FEES FOR ADSL INTERNET SERVICES ARE $250.00 PER LINE, AND THE TERMINATION FEES FOR IDSL/SDSL AND T1 INTERNET SERVICES ARE $500.00 PER LINE ON A TWELVE (12) MONTH TERM AND $950.00 PER LINE ON A TWENTY FOUR (24) MONTH TERM. THE TERMINATION FEES FOR T1 INTERNET SERVICES ARE $1950.00 PER LINE ON A THIRTY SIX (36) MONTH TERM. Customer canceling service prior to the agreement term period will be responsible for any nonrecurring charges for the Service location at issue that were originally waived or rebated by Telnes Broadband including Telnes Broadband Partners. Customer may upgrade to a higher grade of service without an upgrade charge. However, customer will be responsible for any additional installation and equipment charges that are necessary to affect the upgrade. Like wise, customer may downgrade without a downgrade charge provided that the customer has met the minimum term. However, additional installation and equipment charges will apply if necessary to affect the downgrade request.

Bonded T1, 3.0 Services Termination Fee: Customer shall pay Telnes Broadband an Early Cancellation Fee in the amount of the applicable service monthly recurring charge multiplied by months remaining in the Service Term, plus any nonrecurring charges for the Service location at issue that were originally waived or rebated. Router to be returned to Telnes Broadband.

Expanded Area Coverage Termination Fee: Customer shall pay Telnes Broadband an Early Cancellation Fee in the amount of the applicable service monthly recurring charge multiplied by months remaining in the Service Term, plus any nonrecurring charges for the Service location at issue that were originally waived or rebated.

Managed Services Termination Fee: Customer shall pay Telnes Broadband an Early Cancellation Fee in the amount of the applicable service monthly recurring charge multiplied by months remaining in the Service Term, plus any nonrecurring charges for the Service location at issue that were originally waived or rebated. (This includes but is not limited to Managed routers, firewalls or any other managed network device)

Disclaimers. THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMERS USE THEREOF IS AT ITS OWN RISK. TELNES BROADBAND DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TELNES BROADBAND DOES NOT WARRANT THAT THE SERVICES WILL PREFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. CUSTOMERS SOLE AND EXCLUSIVE REMEDY FOR ANY SERVICE RELATED CLAIM WILL BE AS SET FORTH IN TELNES BROADBANDS STANDARD SERVICE LEVEL AGREEMENT, WHICH IS CONTAINED IN THE CUSTOMER POLICIES AND WHICH ONLY APPLIES TO SDSL AND T1 SERVICES.

Limitation on Liability. UNDER NO CIRCUMSTANCES SHALL EITHER TELNES OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, IN NO EVENT SHALL TELNES BROADBAND OR ITS SUPPLIERS CUMULATIVE LIABILITY EXCEED THE FEES PAID BY CUSTOMER THROUGH THE MONTH IN WHICH THE CLAIM AROSE EVEN IF TELNES IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TELNES AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, LOSSES, EXPENSES OR COSTS THAT CUSTOMER SUFFERS AS A RESULT OF: (I) ANY INTERUPTION OR FAILURE OF THE SERVICES OR PRODUCTS; (II) THE DOWNLOADING OR USE OF ANY INFORMATION, DATA OR MATERIALS OBTAINED VIA THE SERVICES OR FROM THE INTERNET; (III) ANY FAILURE TO COMPLETE A TRANSACTION ON THE INTERNET OR USING THE SERVICES OR ANY LOSS OF DATA DUE TO DELAYS, NON-DELIVERIES, MIS-DELIVERIES, OR SERVICE INTERRUPTIONS; (IV) ANYTHING BEYOND THE REASONABLE CONTROL OF TELNES BROADBAND, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION OR FAILURE OF A THIRD PARTY’S SERVICES, SOFTWARE, EQUIPMENT, OR NETWORKS; (V) ANY UNAUTHORIZED USE OR MODIFICATION OF SERVICES OR PRODUCTS OR COMBINATION OF SERVICES OR PRODUCTS WITH OTHER PRODUCTS OR EQUIPMENT; (VI) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (VII) THE ATTEMPT BY UNAUTHORIZED USERS (E.G. HACKERS) TO OBTAIN ACCESS TO CUSTOMERS DATA, WEB-SITE, COMPUTERS, OR NETWORKS.

Confidentiality. Customer acknowledges that the products contain proprietary and confidential information of Telnes broadband and its suppliers. Customer agrees to not disclose the products to third parties without the prior written consent of Telnes Broadband and the suppliers identified to customer in products, or reengineered, reverse engineer, decompose, disassemble the products, create or recreate the source code for the password protection in the products. Customer shall not remove, erase, tamper with or fail to preserve any copyright, trademark, or other proprietary notice printed or stamped on, affixed to, or recorded in the products.

Choice of law and binding arbitration. This agreement shall be deemed to have been made in, and shall be constructed pursuant to the laws of the state of Washington and the United States without regard to conflicts of laws provisions thereof. Any waivers or amendments shall be effective only if made in writing. This agreement is the complete and exclusive statement of the natural understanding of the parities and supersedes and cancels all previous written and oral agreements and communications relating to any subject matter of this agreement. Binding arbitration shall be the sole and exclusive remedy for resolution of disputes between the parties. Such dispute shall be submitted for arbitration in Seattle, Washington under the rules of the American Arbitration Association ("AAA"). The arbitrators’ decision will be final and entered into any court of competent jurisdiction. The prevailing party will be entitled to recover its attorney’s fees and costs in connection with such arbitration. Should either party bring a dispute in a forum other that AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorney’s fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the federal arbitration act, 9 U.S.C. section 1, et seq. For the purpose of this section, the term "dispute" means any dispute, controversy, or claim arising out of or relating to (I) this agreement, its interpretation, or the breach, termination, applicability or validity thereof. "Telnes Broadband" includes its subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents or assigns; the term "customer" means you, the original account holder, its agents, employees, directors, and officers.

Force Majeure. Neither party shall be responsible for any failure to perform due to unforeseen circumstances or to causes beyond such party’s reasonable control, including but not limited to acts of god, changes in governmental laws, rules, regulations or orders, war, terrorist acts, insurrection, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages in transportation, facilities, fuel, energy, labor or materials. Customer acknowledges that certain of Telnes Broadband suppliers established the prices charged to Telnes based on governmental laws, rules, laws or regulations or pursuant to new decisions or orders issued by applicable regulatory bodies, Telnes reserves the right to increase the price charged to customer, effective thirty days following notice to customer. If customer does not agree to accept new pricing, customer may terminate the agreement without penalty within thirty days of the date of such notice. Any continued use of the services thirty days after the notice date shall be deemed acceptance of the new prices.

General. The relationship between the parties created by this agreement is that of independent contractors and not partners, joint-ventures or agents. All remedies available to either party for breach of this agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall be deemed an election of such remedy to the exclusion of other remedies. Customer may not assign this agreement without the prior written consent of Telnes Broadband, which such consent shall not be unreasonably withheld. Telnes Broadband may assign or subcontract its duties under this agreement, provided Telnes Broadband will remain responsible for such performance. Except as expressly provided herein, no modification to this agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of the agreement shall not be effected. Notices to customers may be sent to the facsimile number, email address or address listed on the order form. Customer consents to receiving all notices hereunder through electronic means. Notices to Telnes Broadband should be sent to: Telnes Broadband Attn: sales operations, 7500 212th Ave W, Suite 217. Edmonds WA. 98026. The order form, the policies, and these terms and conditions contain the entire understanding of the parties with regard to this matter and supersede any prior written or oral communications between the parities with respect to the subject matter of this agreement. The provisions of sections Taxes, Term and Termination, and Limitation on Liability, Confidentiality, Choice of law and binding arbitration, Force Majeure, and Customer provided CPE for SDSL and T1 services shall survive any termination of this agreement.

Customer provided CPE for SDSL and T1 services. Customer ordering SDSL or T1 services may provide its own CPE; provided that such CPE is compatible with the Telnes network. Customer agrees to the following terms and conditions related to such customer provided CPE: A) Compatibility: Customer is solely responsible for ensuring that customer provided CPE complies with the compatibility guidelines published by Telnes Broadband. If customer determines after installation that such CPE is not compatible with the Telnes network, customer may: (I) disconnect order, in which case customer will be liable for all applicable termination fees that may apply; of (ii) request that Telnes provide a Telnes CPE, in which case Telnes will charge customer Telnes broadband then standard fee for such CPE and charge customer for the field service technician dispatch for the set up of such Telnes-provided CPE, each as set forth in the customer policies. B) Provisioning: Customer is solely responsible for ensuring proper functioning of customer provided CPE. The Telnes field service agent will not provide any assistance in the set up of configuration of CPE at the time of installation. If at the time of installation the customer requests that Telnes supply customer with a Telnes CPE, the field service technician will supply and configure a Telnes CPE, and Telnes will bill customer the then standard fees for such CPE. C) Management of CPE: Customer is solely responsible for the management of CPE. The Telnes field service technician will not provide any assistance with the configuration or maintenance of CPE. If Telnes dispatches a field service agent in response to a trouble ticket ultimately determined by Telnes to be the result of the CPE. Telnes will charge customer for the dispatch of the field service technician. D) Warranty Disclaimer: In addition to the warranty disclaimers elsewhere in this agreement, Telnes explicitly disclaims any and all warranty or maintenance responsibility for CPE. Any warranty claims, maintenance, or repairs for customer provided CPE will be the sole responsibility of consumer. However, if customer had initially purchased such CPE through Telnes, Telnes will honor any remaining warranty pursuant to the terms of this agreement. E) Service level agreement: Customer will not receive credits according to the service level agreement for T1 and SDSL services if customer provided CPE is determined by Telnes to have contributed to the event for which customer is requesting SLA credits.

Illegal Use Prohibited. The Services may only be used for lawful purposes and may not be used for any illegal use or any use that may result in civil or criminal liability. Unlawful uses include, without limitations, effecting or participating in any of the following activities via the Services provided by Telnes.

Abusive Use Prohibited. The Services may not be used for abusive purpose, as determined by Telnes. Abusive purposes include, without limitation, effecting or participating in any of the following activities via the Services provided by Telnes.

(i) positing five (5) or more messages similar in content to Usenet or other newsgroups, listservs, forums, e-mail mailing lists or other groups or lists;
(ii) posting to any Usenet or other newsgroups, listservs, forums, e-mailing lists or other similar groups or lists articles which are off-topic according to the charter of other owner-published FAQ’s, rules, or policies or description of the group lists;
(iii) sending unsolicited e-mailings (including, without limitation, commercial advertising and information announcements) to more than five (5) e-mail addresses within a forty eight (48) hour period, if such unsolicited e-mailings could reasonable be expected to or do in fact provoke complaints;
(iv) falsifying User information provided by Telnes or other Users of the Services; and
(v) engaging in any of the foregoing activities by using the services of another provider, but channeling such activities through an account provide by Telnes, re-mailer, or otherwise through the Services or using an account provided by Telnes as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party’s service could reasonable by expected to adversely Affect the provider of Services or its supplier
(vi) operating a server in connection with the Services in as “open relay” configuration (a configuration whereby a mail server processes email messages where neither the sender nor the recipient is a local user). Servers configured in this manner expose both Telnes network and User’s personal account to fraudulent and abusive use by third parties. Users hereby acknowledges and agrees that it will not operate servers with in an open relay configuration. If a User requires assistance in determining the configuration of the User’s server and/or instructions to secure a server the User may contact: abuse@telnesbroadband.com.

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Remedies:

Remedies. Violation of this Policy may result in civil or criminal liability, and Telnes may, in addition to any remedy that it may have at law or in equity, terminate permission for the User to use the Services and charge User any applicable cancellation or termination fee. In addition, Telnes may investigate incidents that are contrary to this Policy and provide requested information to third parties who have provided notice to Telnes stating that they have been harmed by a User’s failure to abide by this Policy or the policies listed above. Telnes failure to enforce this policy in every instance in which it might have application does not amount to a waiver of Telnes’s rights.

This is a summary of one time fees, a full description is found in the Terms of Service. Fees are subject to changes at Telnes Broadbands’ sole discretion.

$250.00 Termination fee if your ADSL service is terminated or disconnected prior to your service agreement term.

$500.00 Termination Fee if your SDSL or T1 service is terminated or disconnected prior to your twelve (12) month service agreement term.

$950.00 Termination Fee if your SDSL or T1 service is terminated or disconnected prior to your twenty four (24) month service agreement term.

$150.00 Missed Appointment Fee is charged if no one over the age of 18 is present for a scheduled time of technician visit, no show and notification was not received by Telnes at least 48 hours in advance of appointment change.

$150.00 No Access Fee if technician is denied access to network interface device.

$225.00 Field Technician Dispatch Fee is charged to service non Telnes service faults.
Inside Wiring Fee is $150.00 for initial hour and $90.00 per hour there after.

$225.00 Outbound Switch Fee is charged for all requests to have your service switched to another Internet service provider during the term of your service agreement.

$100.00 Change of Service Fee is charged for customer requesting downgrade or a decrease in package price. An upgrade or increase in package price is currently waived.

$25.00 Dispatch Fee is charged for each whole or partial fifteen (15) minute increment technician is on site.

$25.00 Returned Check Fee is charged for any payment being returned from your financial institution.

ADSL Processing Fee: You will be charged a $49 Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date. Once FOC date (Loop Delivery) is scheduled early termination fees apply. Any and all equipment purchased is non-refundable.

SDSL Processing Fee: You will be charged a $149 Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date. Once FOC date (Loop Delivery) is scheduled early termination fees apply. Any and all equipment purchased is non-refundable.

IDSL Processing Fee: You will be charged a $149 Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date. Once FOC date (Loop Delivery) is scheduled early termination fees apply. Any and all equipment purchased is non-refundable.

T1 Processing Fee: You will be charged a $700 Processing Fee in addition to any Construction/Special Access or Special (Non-Standard) Installation Fees for all cancellations for circuits requested after 72 hours from initial order placement and prior to the and prior to FOC (Firm Order Commitment / Loop delivery) scheduling. Once FOC date (Firm Order Commitment / Loop Delivery) is scheduled early termination fees apply. Any and all equipment purchased is non-refundable.

Bonded T1, 3.0 Processing Fee: You will be charged a two times monthly recurring charfge Processing Fee in addition to any Construction/Special Access or Special (Non-Standard) Installation Fees for all cancellations for circuits requested after 72 hours from initial order placement and prior to FOC (Firm Order Commitment / Loop delivery) scheduling. Once FOC date (Loop Delivery) is scheduled early termination fees apply. Any and all equipment purchased is non-refundable.