Terms of Service
THIS TERMS AND CONDITIONS POLICY (“TAC” OR “POLICY”) IS A MATERIAL PART OF ANY AGREEMENT WITH ISP FOR PROVISION OF ITS SERVICES TO ITS CUSTOMERS. PLEASE READ AND FOLLOW THIS POLICY CAREFULLY. THIS POLICY MAY BE REVISED FROM TIME TO TIME BY BLUEGRASSBROADBAND, LLC OR AS OTHERWISE SET FORTH BELOW AND THE CURRENT VERSION OF THIS POLICY MAY BE FOUND AT http://bluegrassbroadband.com/tos
In consideration of the covenants and agreements herein contained, Bluegrass Broadband, LLC and its affiliates, (collectively “ISP”) and Customer covenant and agree as follows:
- Services —
ISP shall provide to Customer a connection to the Internet for lawful uses via ISP's telecommunication and/or computer facilities, which shall be operated seven (7) days per week, twenty-four (24) hours per day (the "Services"), subject to temporary unavailability or interruptions due to service requirements, network maintenance, repair and modification, facility upgrades, acts or omissions outside of ISP's control and force majeure. The Services provided by ISP pursuant hereto are subject to all of the terms and conditions of this Agreement.
- Access Right —
Customer shall provide ISP with timely access to Customers’ property and equipment as reasonably required to provide the Services. Customer shall be responsible to obtain required access rights and pay any fees incurred relative to access at Customers own expense except as expressly stated in the applicable SERVICE AGREEMENT. ISP will coordinate with and, except in an emergency, rely on Customer to grant or obtain consent to enter upon Customers’ property and premises, as applicable, which consent shall not be unreasonably withheld. Access rights mean the right to construct, install, repair, maintain, inspect, replace and remove Service Components and the right to use ancillary equipment space within a building to connect a Customer’s Site to ISP’s network. Customer must provide ISP with timely information about and access to Customers’ facilities and equipment as ISP reasonably requires in order to provide the Services, subject to reasonable security policies.
Customer has the responsibility to furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities and other items as ISP reasonably requires for the Services and to obtain any necessary licenses, permits and consents (including easements and rights-of-way). Sites must be ready for ISP to perform its work according to the agreed upon schedules. Sites must be free from Hazardous Materials and be reasonably suitable for the Services. “Hazardous Materials” mean any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal or release is regulated by any law related to pollution, to protection of air, water or soil or to health and safety. ISP shall have no obligation to perform work at a location that is not a suitable and safe working environment or to handle, remove or dispose of Hazardous Materials.
- Payment —
Customer shall pay ISP a one-time activation or installation charge upon execution of the (RESIDENTIAL OR COMMERCIAL) SERVICE AGREEMENT (“SERVICE AGREEMENT”) in accordance with its fee schedule. THIS ACTIVATION CHARGE SHALL BE NONREFUNDABLE UNDER ANY AND ALL CIRCUMSTANCES. Thereafter, Customer shall pay ISP a monthly fee in accordance with the SERVICE AGREEMENT fee schedule. THERE ARE NO REFUNDS FOR ANY PORTION OF AN UNUSED MONTHLY, QUARTERLY, SEMI-ANNUAL OR ANNUAL PAYMENT UPON CANCELLATION OR TERMINATION OF THE SERVICES BY EITHER PARTY FOR ANY REASON UNLESS EXPLICITLY DEFINED IN THE SERVICE AGREEMENT. ISP shall not be responsible for the payment of any telephone or other connected equipment or service charges or taxes incurred by Customer in connection with Customer's utilization of the Services, which such expenses are, and shall remain, the sole liability and responsibility of Customer. Customer acknowledges, covenants and agrees that it shall pay all of ISP's
attorneys fees, court costs and expenses of litigation if ISP incurs same in enforcing this Agreement or because Customer has failed to pay any amount due hereunder on or before the due date therefore, whether or not litigation is actually commenced.
- Late Payment Fee Assessment —
Any and all amounts not paid when due shall be subject to interest at the rate of eighteen percent (18%) per annum, in addition to a five percent (5%) late charge for each month, or portion thereof, said amount remains unpaid.
- Credit Assessment —
For postpaid accounts, customer authorizes and consents to ISP obtaining a credit report on Customer and acknowledges that the acceptability to ISP of said credit report is a condition precedent to any of ISP's obligations arising under this Agreement.
- Term and Termination —
(a) The Term of this Agreement shall commence on the day and year that services is made available to the Customer regardless of service utilization. Term of this Agreement (including any renewal Terms) shall automatically renew for additional periods of one (1) month unless either party gives written notice to the other party of their intention to terminate this Agreement at least sixty (30) days prior to the end of the then-current Term.
(b) ISP may terminate this Agreement and its obligation to provide Services pursuant hereto without notice to Customer upon: (i) Customer’s failure to pay any amounts due and owing pursuant hereto within ten (15) days after the date of the invoice therefore; or (ii) ISP's determination that Customer has used the Services fraudulently, unlawfully or abusively, and has failed or refused to cease such fraudulent, unlawful or abusive use within two (2) days after ISP's sending of notice thereof to Customer, or at any time after such notice is given, if Customer recommences such fraudulent, unlawful or abusive uses; or (iii) Customer's breach of the terms and conditions hereof, and/or those set forth in ISP's Acceptable Use Policy ("AUP"), incorporated herein by this reference as if fully set forth herein (available at https://ISPInternet.com/legal ) and failure or refusal to cure any breach of this Agreement and/or AUP (other than as set forth in subparagraph (b)(i) and (b)(ii)) within
two (2) days after notice of such breach has been sent by ISP to Customer. Upon such termination, Customer acknowledges and understands that ISP shall remove and delete all of Customer's electronically stored data from ISP's facilities without further notice or any liability of any kind, nature or description whatsoever to Customer, and Customer hereby expressly authorizes ISP to undertake such removal and deletion.
(c) In addition to the remedies described above, ISP may, in its sole and absolute discretion, elect to suspend or interrupt Services under this Agreement upon: (i) Customer's failure to pay any amounts due and owing hereunder within ten (10) days after the date of the invoice therefore; or (ii) ISP's determination that Customer has used the Services fraudulently, unlawfully or abusively. Upon its determination to suspend provision of Services hereunder, ISP shall notify Customer that the Services hereunder have been suspended and the reason therefore, but covenants and agrees not to remove any of Customer's electronically stored data from ISP's facilities unless and until this Agreement is cancelled. Customer acknowledges and understands that its obligation to make payment hereunder for the Services is and shall not be abrogated, delayed, excused or otherwise relieved by a suspension of the Services provided by ISP or termination of the Agreement by ISP. In the case where ANY
service or product is not prepaid in full, Customer will pay an early termination fee equal to the greater of $300 or the early termination fee specified on the SERVICE AGREEMENT should the term of service be terminated by the customer for any reason or ISP for policy violations prior to the end of the term.
(d) The rights and remedies provided by this Agreement are given in addition to any other rights or remedies ISP may have by law, statute, ordinance or otherwise. All such rights and remedies are intended to be cumulative, and the use of any one right or remedy by ISP shall not preclude or waive its right to use all other rights and remedies.
(e) ISP may discontinue service at any time without reason at its sole discretion. Any derogatory, inflammatory, or other type of posts on any public forum, social network, etc. that ISP believes will have a negative impact on the company or any of its affiliates will be grounds for immediate termination of service with no refund.
- Indemnification —
Customer covenants and agrees to defend, indemnify and hold harmless ISP, its parents, affiliates and subsidiaries, and its and their respective officers, directors, shareholders, employees, contractors, agents and representatives, of, from and against any and all actions, causes of action, claims, costs, damages, expenses, interest, judgments, liabilities, penalties, and suits whatsoever (including, but not limited to, reasonable attorneys fees, court costs, expert witness fees and expenses of litigation) imposed upon, incurred by or asserted against ISP and/or any of its parents, affiliates, subsidiaries, officers, directors, shareholders, employees, contractors, agents and representatives, which arise, directly or indirectly, out of any use by Customer of the Services provided by ISP or from Customer's breach or violation of any of the terms and conditions hereof.
- Disclaimer of Warranties —
Customer acknowledges, understands and agrees that ISP exercises no control whatsoever over the content, accuracy or quality of the data and information passing through its network or any products or services ordered by Customer via its network. The Services, and any information, products or services obtained by Customer through its use of the Services, are provided "AS-IS". ISP makes no warranties or representations of any nature or description, either express or implied, with respect to the services to be provided hereunder including, without limitation, any warranties of non-infringement, quality, performance, merchantability or fitness for a particular purpose or use. This disclaimer of warranties constitutes an essential part of this agreement.
- Limitation of Liability —
(a) Under no circumstances and under no legal theory (tort, contract or otherwise) shall ISP be liable to Customer or any other person or party for damages of any kind or nature including, but not limited to, any direct, indirect, special, incidental, consequential or punitive damages of any character whatsoever, arising out of its provision of the Services hereunder, or its failure to provide the Services hereunder, including, but not limited to, damages for loss of goodwill, work stoppage, computer failure or malfunction, or losses of data or information due to delays, non-deliveries, misdeliveries or interruptions in service, regardless of the cause therefore.
Payment and Refund Policy
Payment must be made in full and are due before any services are rendered. This includes payments for any recurring monthly services (Internet access, managed router/Wi-Fi)
or any one-time services (installation, hardware purchase, etc.).
Refunds for installation services not yet rendered will be given. Any charges for purchase of special order equipment, hardware, or shipping by the customer are not refundable. Refunds
of payments for recurring services (Internet access, managed router/Wi-Fi) for future months will be given in full if requested prior to the start of the billing cycle. No refunds will be given
for billing cycles that have already started. For questions regarding refunds, please call (859) 429-2899 or email email@example.com.