QuickTel Terms of Service Agreement

 

 

 

QuickTel

224 W. Wine Country Rd.

Grandview, WA  98930

Phone: (509) 882-4009

Fax: (509) 882-4101

Effective:  04/18/2005                

Modified:   04/21/2011     

               

This QuickTel  Membership Policies and Access Agreement (“Agreement”) is made and entered into by and between QuickTel, LLC and Customer and shall become effective when signed by Customer and accepted by QuickTel. This Agreement incorporates by reference the Schedule of Rates and Charges applicable to the Bandwidth Plan and Equipment Plan selected by Customer and set forth herein. 

 

The agreement is the guidelines to the acceptable use of QuickTel, LLC network for data communications and supersedes all previous representations, understandings and any other written or oral agreement.  It is intended to be applicable only to the use of QuickTel, LLC networks.  Customers of QuickTel, LLC agree to accept the sole responsibility for abiding by the policies of any network or political or administrative domain their messages traverse.  Customers also agree that QuickTel has no responsibility to inform the Customer of the policies or regulations of those domains.

 

Usage of QuickTel’s network constitutes an agreement to abide by these guidelines.  Subscriber or any person using the Subscriber’s login identification ordered by the Subscriber has accepted the terms and conditions contained in the QuickTel Membership Policies Access Agreement.  Changes in the terms and conditions for Internet access and other services provided by QuickTel can be reviewed at www.quicktel.com or a copy can be obtained from QuickTel at 224 W. Wine Country Road, WA 98930.

 

Statement of Purpose

 

quicktel.com the network owned and operated by QuickTel, LLC has been established to:

• Provide high quality wireless networking services to the business community and private users.

Customer/Member/Subscriber Definition

 

Customer/Member/subscriber as used herein means an individual, business, corporation or legal entity that incurs usage charges for the service for its own use or who incurs charges on behalf of a third party.

 

User Definition

 

User as used herein means a Subscriber who uses the service or an individual, corporation, or legal entity whose service usage charges are incurred by a third party, i.e. Subscriber.

 

SERVICES
 

QuickTel will provide services to customer subject to all of the terms and conditions of this Agreement and any applicable rate schedules. If any of the terms and conditions in this “QuickTel Membership Policies and Access Agreement of Service” section conflict with any Membership Policies and Access Agreement rate schedules, policies, or other sections of the “QuickTel Wireless Membership Policies and Access Agreement of Service”, or any other documents, then the terms and conditions in this “QuickTel Wireless Membership Policies and Access Agreement of Service” section shall be controlling and shall supersede all other reference documents.

Customer represents and warrants he or she is at least 18 years of age and verifies and acknowledges that services are being installed with customer permission in customer's home, business, or designated location.
 

The Subscriber is responsible for obtaining the appropriate hardware and software which will allow access to the Internet (please see the QuickTel Recommended Minimum Computer Requirements for Internet Access). The Subscriber acknowledges, and is hereby warned, that using computer equipment and software that is not on the QuickTel Recommended Minimum Computer Requirements for Internet Access list may result in a level of performance that is far below the expectations of the Subscriber.

 

Customer shall be totally responsible for the installation, operation, and maintenance of any hardware or software not provided by QuickTel.

Customer will ensure that any hardware or software customer provides is compatible with services. If customer owned hardware or software impairs the use of services in any way, upon notice by QuickTel, customer will immediately remove or disconnect such equipment and will continue to be obligated by the service contract to pay QuickTel for services for the term of the agreement. QuickTel will suspend services until the impairment is corrected. At customer's request, QuickTel may troubleshoot difficulties caused by customer's hardware or software at QuickTel’s current standard price list or rate schedule(s).

Customer acknowledges that customer is NOT PURCHASING the Equipment, and acknowledges that QuickTel shall retain its right of ownership at all times to all the customer premises equipment installed by QuickTel in order to provide services. In the event customer terminates the services, QuickTel will maintain the right to remove the equipment from customer's premises at QuickTel’s discretion, but is not obligated to do so immediately.

The Service provided by QuickTel is “Fixed Wireless Internet Access” operating in the unregulated 2.4 to 5.8Ghz Frequencies. The Service shall be available to Customer when within the effective working range of QuickTel’s wireless network. Service may be temporarily unavailable or limited because of capacity limitations, and is also subject to transmission limitations caused by atmospheric and other natural or artificial conditions adversely affecting transmissions. Services may also be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocation, repairs, and similar activities of QuickTel necessary for the proper or improved operation of the Service. As part of the service QuickTel will provide access to the Internet to each device, which is directly connected to QuickTel’s network. QuickTel is not responsible for providing Internet connectivity to any devices that are not directly connected to its Wireless Network or that share a connection to its network via a Local Area Network, nor is QuickTel, LLC responsible to provide any networking services to the Customer other than Internet Access as previously stated. All networking services required by Customer other than Internet Access to devices including router, switch, wireless access point, or other networking (multiple computer) setups are not the responsibility of QuickTel Wireless. Hardware, Installation and/or consultation, maintenance, or repair services are offered at an additional cost.

 

Customer hereby acknowledges that it understands that the bandwidth and connection speed represents that maximum bandwidth available to each customer and that its actual connection speed is likely to vary based on actual internet traffic and other uncontrollable internet backbone issues. Customer understands that QuickTel provides no guarantee that the bandwidth and connection speed will be achieved during normal operation. QuickTel will take all reasonable steps to keep its service in full, working order. However, nothing in this agreement shall be construed as a guarantee of continuous, uninterrupted service. QuickTel makes no guarantee against loss of business or loss of data, personal internet or PC security either by the reseller or its customers, due to downtime. QuickTel controls access to the QuickTel network. QuickTel will perform due diligence to provide security for Customers, however, Customer PC security and protection from viruses, hackers, or any other possible invasive PC attacks is the sole responsibility of the customer.
 

Customer acknowledges that QuickTel may not be able to provide services described under this agreement. If QuickTel determines that delivery of service is unavailable or unfeasible, QuickTel reserves the right to cancel and terminate this agreement with no obligation to subscriber. QuickTel has the sole right to make this determination. Should QuickTel cancel or terminate this agreement for any reason, any set-up fees received by QuickTel from customer for services will be refunded to customer and this contract shall be deemed null and void.

 

QuickTel is NOT responsible or liable for any of the following; 

• Any obstruction(s) that might be erected or grow between subscribers antenna and QuickTel’s antenna causing degradation or loss of service.

• Debris or ice on antenna 

• Re-aiming the antenna

• Installing hardware and/or software in a different computer after installation 

• Re-configuration of network settings due to, but not limited to tampering or re-installation of operating system.

 PREPARING FOR SERVICES

 

The customer will prepare for services the customer site or sites, at QuickTel’s request, to comply with QuickTel's installation and maintenance specifications; and:

• will provide QuickTel and its applicable suppliers with reasonable access to premises to perform required acts with regard to installing the QuickTel wireless service.

• will pay QuickTel any applicable charges to relocate any previously installed services

• and will be totally responsible for all cabling, hardware, software, and equipment not provided by QuickTel.

For an additional fee, to be charged as shown in the current standard QuickTel price list or rate schedule(s), subject to availability, and at the option and discretion of QuickTel will perform the installation of multiple computers to a single connection, install wiring for additional computers, arrange for a hub/router purchase from QuickTel and configure computers for Internet connectivity. 

 

INSTALLATION AT CUSTOMER PREMISES

 

At the time of Installation of Service, QuickTel or its authorized contractors or agents will perform a signal test at the Customer location. If, in the professional opinion of QuickTel or its authorized contractors or agents, that adequate signal is available, this Agreement shall remain in full force and effect and the parties shall enjoy their rights and perform their duties

 

as provided herein. If, however, in the professional opinion of QuickTel, or its authorized contractors or agents, that adequate radio signal is not available, the Customer shall have the option to terminate this Agreement. In the event the Agreement is terminated, by the Customer, QuickTel shall credit Customer’s account for all amounts collected by QuickTel, or its authorized contractors or agents.

 

The Customer authorizes QuickTel, or its authorized contractors or agents, access and right to install the Customer premises hardware, software, wiring, and other equipment ("Equipment"), at the address provided by Customer ("Premises") to QuickTel, in order for QuickTel to provide services.

 

QuickTel services require equipment to be installed at the customer’s premises. The standard wireless Installation includes the installation of a window antenna, digital transceiver, and the routing of cable by the most direct location to the premises. Not included in the standard installation is an antenna pole or installation of the antenna pole.  This is an additional cost the customer will pay over the standard installation.   Any custom installation work that Customer may request including, without limitation, placing cable under carpet, through cabinets, through interior walls or inside molding, or cable runs that exceed 30 feet, will require an additional charge that must be approved in writing by customer at the time the installation work is performed. It is up to the customer to provide and maintain the customer owned computer, hub, router, proxy server, and/or firewall necessary to receive the services. The customer can elect to have QuickTel connect the equipment to customer's computer(s)/network, or can be provided by the customer. QuickTel will not be liable for any alterations to premises that result from the installation or removal of equipment, including but not limited to, any holes in walls, cable wiring, or antenna mounting brackets. QuickTel will not enter any discounts or credits to the account of the customer for work performed by the customer, or for payments made by the customer to third parties for work performed on the customer’s premises.

 

File Modification:

 

If the installation of an Ethernet card is required, it will be necessary to open Customer's computer. As part of the installation process for the software, system files on Customer's computer may be modified. Neither QuickTel Wireless nor its Underlying Providers represents, warrants, or covenants that such modifications will not disrupt the normal operations of Customer's computer. For these and other reasons, QuickTel Wireless recommends that Customer back-up all files prior to installation of the Service. If Customer does not back-up all existing computer files, Customer understands and accepts the associated risks of such a decision such as loss of files, software or data.  NEITHER QUICKTEL WIRELESS NOR ITS UNDERLYING PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE RESULTING FROM FILE MODIFICATIONS.

 

Viruses:

 

QuickTel Wireless may run a third party virus check software on Customer's computer prior to installing software on Customer's computer. QuickTel Wireless does not represent, warrant or covenant that the virus check software will detect or correct any or all viruses. In addition, software or other content downloaded from the Service can contain viruses or other harmful features and it is Customer's sole responsibility to take appropriate precautions to protect Customer's computer, software, files and data from damage as a result of any such virus or other harmful feature. If a virus or other harmful feature is detected and not eradicated to QuickTel Wireless's satisfaction by Customer then QuickTel Wireless may immediately terminate the Service. NEITHER QUICKTEL WIRELESS NOR ITS UNDERLYING PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE.

 

All subscribers are required to use anti-virus software and are required to keep them updated.

 

Requirements of Usage

• To respect the privacy of users of quicktel.com, and all networks accessible via QuickTel.

• To respect the legal protection provided by copyright, license, and other applicable legal devices to programs, communications, and data.

• To respect the integrity of computing systems, and to not use QuickTel to compromise the same.

• To respect common usage of Usenet and E-mail services.

 

Specifically Acceptable Uses

 

• Usage for private personal or business communications.

• Usage for public communications as suggested by the charters of USENET newsgroups, and the known guidelines generally    accepted by the users and news administrators of the same.

• Usage for research or educational purposes.

• Usage for data communications in accordance with applicable laws.

 

Unacceptable Uses

 

• It is not acceptable to use QuickTel for purposes, which violate international, federal, state, or any local law or regulation.

• It is not acceptable to use QuickTel to transmit threatening, obscene, or harassing materials.

• It is not acceptable to use QuickTel to interfere with or disrupt network users, services or equipment.  Disruptions include, but are not limited to, distribution of unsolicited advertisement, inappropriate filing of Usenet Articles, and using the network to make unauthorized entry to anyother machines accessible via QuickTel’s Internet connection.

•  It is not acceptable to use QuickTel for purposes of transmitting “Chain Letters”, “broadcasting”, messages to mailing lists or non-consenting individuals, nor any other type of use which will result in congestion of the Internet, QuickTel’s connecting networks or which would significantly interfere with the connectivity of others.It is not acceptable to use QuickTel for any malicious purpose.

• It is not acceptable to use QuickTel to impersonate another person with fraudulent or malicious intent; to contact another person so as to annoy, abuse, threaten, or harass such other person, or for any purpose in violation of law, or in such a manner as to interfere unreasonably with the use of the Internet service by others;

• It is not acceptable to use QuickTel to contains a virus or other harmful component;

• It is not acceptable to use QuickTel to send unsolicited e-mail that causes complaints from the recipients of the unsolicited e-mail, or to send large quantities of unwanted or unsolicited e-mail to individual e-mail accounts (also known as "spamming" or "mail bombing").

• It is not acceptable to use QuickTel to make any unauthorized attempt to gain access to any account or computer resource not belonging to that user (also known as "spoofing");

• It is not acceptable to use QuickTel to obtain or attempt to obtain "Services" by any means or device with intent to avoid payment;

• It is not acceptable to use QuickTel to knowingly engage in any activities that will cause a denial of Services (e.g.,

Sub-licensing to third parties or nearby neighbors is prohibited. Re-broadcasting, pirating, or sharing signal beyond the Customers residence

• is prohibited. QuickTel reserves the right to monitor bandwidth of each account to ensure single party usage of the connection. Customer

• hereby agrees to pay QuickTel $10,000 for each such violation.

 

Personal World Wide Web Page Policy

• Personal web page is for non-commercial use by our subscribers.  You may not sell, advertise, or promote any commercial product or service through a personal web page.  Solicitations for money, invitations to contact the subscriber for products or services are commercial applications.  The subscriber must purchase a commercial web site or the home page will be removed and the subscriber will be charged the current commercial and/or VAR rate depending on the wed service advertising starting from the date the web page was first posted.  There  are no exceptions.

• QuickTel reserves the right to remove a user’s personal web page from the system if it produces an undue amount of traffic or creates an excessive burden on QuickTel’s facilities.

• Customers seeking commercial pages may purchase space on our server separately from the personal account.

• Subscribers wishing to offer the same products and services as QuickTel, must first be approved and become a Value Added Reseller (VAR) to establish such services. 

 

Commercial World Wide Web Page Policy

 

• Commercial web pages & storage facilities are designed to meet the needs of business owners who wish to have a business home on the Internet. The purpose of a commercial Web page is to display information about your company, products and services so that people from all over the world who are interested in your particular business may find this public information.

• You may not sell advertising to other individuals from your site. You also may not share or sell any left over hosting space you may have.

• You may promote third-party links such as pay-per-use search engines or any affiliate programs that may relate to your business interest.

• We actively invite you to build your own personal homepage because it’s easier than you might think. Basically, if you can type a letter with your computer you can build a Web page. If you decide that you would rather have someone build you a web page you can get assistance a number of ways including hiring QuickTel to build you a state-of-the-art database driven web site or static html pages. We also allow outside Web designers to build and modify pages for customers. If you choose to have an outside Web designer to build your site they must follow our rules. QuickTel.com is a privately held company for which we have 100% control of all accounts. We do not allow outside web designers to make any representation about their company from your site including but not limited to telephone numbers, addresses, web link, etc. Any designer found to be advertising for business from our private network no matter the site will be billed $25.00 per month for advertising. If we find that your designer fails to pay this the company who hired the designer will be billed the amount for breaking the terms of our web hosting contract or their site will be removed.

TERM AND TERMINATION
 

The initial term of the Agreement for wireless Internet access service shall be based on the term selected by the customer.

The start date shall commence at the date that wireless service is activated.

At the end of the initial term of this Agreement, or at the end of any successive term, this Agreement shall automatically renew for a successive 1 (one) year term, unless either party provides the other party advance notice of its intent to cancel Agreement at least thirty (30) days before the end of the initial, or any successive, term. QuickTel reserves the right to change its rates for any renewal term by notifying subscriber at least 30 days in advance of the agreement expiration date.

 

Upon renewal of this Agreement, QuickTel’s rates and charges then in effect for QuickTel’s new customers shall apply to the renewal, except Customer shall have thirty (30) days from the date of renewal to cancel this Agreement upon proper cancellation.