All products and services

1. .   Services Provided
   1.    Wireless Internet
      1.    Basic Installations starting at $150.00; A Performance WISP technician will conduct an onsite survey and let the inquiring customer know if the said location qualifies for Basic Installation fees. Other Installation prices may vary on location. Some specials and packages will adjust this installation charge.
      2.    The subscriber shall pay COMPANY the charges associated with the service(s) requested/rendered, including without limitation, deposits, set up fees, prorated service fees, late fees, additional equipment needed, labor charges exceeding normal Installation times permitted. The subscriber agrees to pay all monthly service charges for services requested/rendered and possible service calls.
      3.    All equipment at said subscriber's home or location must be connected to a surge protector at minimum, but is not warranted if there are brown outs, black outs or lightning strikes and other electrical problems not within COMPANY's control. If the said subscriber pays for the Worry free maintenance agreement, then all and only COMPANY equipment that is damaged will be replaced or repaired. Except for intentional damage and/or theft. If the said subscriber is not paying for the Worry free maintenance agreement and any and/or all COMPANY equipment is damaged due to any reason, then the said subscriber will be financially liable for such equipment.
      4.    Ownership of the CPE (Client Premise Equipment) is solely retained by COMPANY. In the event of theft, intentional or unintentional damage of the CPE, subscriber agrees to pay present repair or replacement value cost for CPE and installation fees associated whether subscribers continues service or not. If the said subscriber does not want to continue service, then a written letter must be received by COMPANY stating this and must be a 30 day notice. Subscriber must pay that said 30 day period.
      5.    The agreement between subscriber and COMPANY is not a long term contract for services requested/rendered. Monthly payments must be received on or before the 1st of the month for the month of service. Our service is prepaid and must be paid, or said subscriber may experience a service interruption with continuing fees. If payment is not received by the 5th of the month, the said subscriber's account is past due and a late fee of $10.00 will incur for service to continue. If subscriber has not paid for service by the 10th of the month, service interruptions may occur and/or COMPANY has the right to obtain all CPE inside or outside the subscriber's home or location. Past due amounts not paid will be collected from a collection agency.
      6.    All materials, labor, equipment used for service has no warranty and are provided "as is" and "as available" for subscriber's use. Services are not warranted to be available at any particular time or location, that any defects of errors will be corrected caused by subscriber, content viewed or downloaded is secure, free of viruses or other harmful components. Use at your own risk.
      7.    COMPANY shall not be held liable for service interruptions caused by failure of equipment or services not provided by the COMPANY, failure or communications, power outages, or other interruptions not within the complete control of COMPANY or maintenance being conducted. COMPANY is not liable for performance deficiencies caused by or created by subscriber's equipment, location, surroundings, other RF propagating producing products or damage. The subscriber hereby releases COMPANY from liability issues arising from any content accessed via the service. COMPANY will monitor network quality, connectivity and/or any other problems within our control and up to our CPE, not subscriber's router, switch, computer(s) or devices. COMPANY is not liable if there is a problem inside the subscriber's home or location; example: computer virus/spyware/adware/malware/trojan horse program/etc, hardware issues, power failures and other issues not within our total control or network. Service calls are available for connectivity issues with applying fees to subscriber unless the issue is caused by our CPE.
      8.    Speed rates may vary, and sustained speeds are not guaranteed. Bandwidth is shared between all subscribers on Customer’s network.
      9.    Any and all Bit Torrent type services are not allowed on our network.
      10.    If Customer cancels service before the contract end date, Early termination penalties may apply, and Customer will be responsible for the amount left on the contract term.
      11.    COMPANY has the right to charge Customer NSF fees for every occurance. NSF fees will vary in amount and are subject to change without notification to Customer.
      12.    Community Mesh Networks: Each mesh network is individually priced and contract length is dependent on the contract signed by the community or its respective legal representative. COMPANY does not guarantee 100% uptime of mesh networks. Unless otherwise specified, COMPANY must have 24 hour access to mesh network equipment to ensure reliable service.
   2.    Dial Up Internet
      1.    User agrees to allow provider to force a ten-minute idle timeout and five-hour maximum session on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the Service.
      2.    User understands that unlimited service does not mean dedicated service. Dedicated service shall be defined as an average of more than seven channel hours a day, based on a thirty-day calendar month. Unlimited Service shall be defined as less than an average of seven channel hours per day, based on a thirty-day calendar month. User may be blocked and/or forced to upgrade to continue service if their account is used as a dedicated connection. User understands that some or all networks offered do not offer unlimited hours.
      3.    Under no circumstances do we guarantee that User will be able to access Service via a non-toll call. User will not be given and may not purchase more than one account in an attempt to get dedicated access.
      4.    The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one login session per system account at any time.
      5.    Use of ISDN shall cause the User to be charged for two dialup accounts. The sole purpose of any limitation on our systems is intended to limit the amount of unnecessary use, in our sole discretion, of our services by any such User, which restricts overall system availability for other such Users.
   3.    Email Services
      1.    User understands that Port 25 (SMTP) is blocked for all outgoing mail servers except our own.
      2.    User may not send to more than twenty-five recipients at a time; User may not send more than one hundred emails per hour period; User may not send from an email address that is not their own; User may not send an email that is over ten MB in size; User may not forge message headers to hide the origin of their email.
      3.    Provider may block certain attachment types used in transmitting viruses.
      4.    User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.
   4.    Hosting Services
      1.    Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. User may not purchase more than 1 hosting package and link them together in an attempt to get around our bandwidth or website size restrictions. We currently do not allow websites that exceed 15 GB of bandwidth per month to host on our servers. 15GB is sufficient bandwidth for over 99% of web sites worldwide. If the request to reduce bandwidth is not met within 5 days, we do reserve the right to remove the website from our system.
      2.    You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.
      3.    We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement.
   5.    Piranha DNS
      1.    These Terms of Service are effective as of the date Customer first uses the Site or the Service or date Customer clicks the "I Accept" button (whichever is earliest) (the "Effective Date"). If you are an individual accepting on behalf of an entity Customer, you represent and warrant that: (i) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (ii) you have read and understand these Terms of Service; and (iii) you agree, on behalf of the party that you represent, to these Terms of Service. If you do not have the legal authority to bind Customer, please do not use the Site or the Service and do not click the "I Accept" button (if any).
      2.    The Site and the Service and any Content made available on or through the Service is provided only for Customer's own personal use or Customer's internal business use except as otherwise expressly provided in this paragraph. If Customer desires to make any other commercial use of the Site or the Service, including but not limited to customizing, selling or distributing the Service (whether as a stand-alone service or bundled with Customer's services) for consideration of any kind or for no consideration, Customer must first obtain Piranha DNS' specific written approval in advance and/or enter into a written agreement with Piranha DNS. The Service is intended for use described above only and may not be used in connection with any other commercial endeavors except those that are specifically endorsed or approved by Piranha DNS in writing. Except for distributions for the use described above to Customer's employees or independent contractors for Customer's internal business use and in compliance with these Terms of Service, Customer may not distribute or otherwise commercially exploit or make available to any third party the Service, or any part thereof, in any way.
      3.    If Customer is a person, entity or service provider that manages or administers the Piranha DNS account of a third party for the third party's internal business or personal use only, Customer (i) may use the Service in the support of the third party that uses the Service for their own personal or internal business use, all in compliance with all applicable laws, rules and regulations (ii) shall not use, administer or manage the Service in violation of these Terms of Service, (iii) acknowledges and agrees that the Piranha DNS Service and account is for the benefit of the Piranha DNS customer only and upon any termination of Customer's relationship with the third party, the third party will be free to use, manage and administer the Service on its own, (iv) agrees not to charge for the Service and to ensure that the third party understands that any fees that Customer charges are solely for Customer's services and not for the Service, (v) shall not frame this Site, the Service or its content in any manner, and (vi) shall not, and shall not attempt to, block or remove any advertisements contained in or offered through the Service. Any unauthorized use of the Service is expressly prohibited.
      4.    Unless Piranha DNS' specifically agrees in writing, Customer will not, and will use commercially reasonable efforts to make sure a third party does not (a) make any commercial use of the Site, Content or the Service, including but not limited to customizing, selling, reselling, distributing or the functional equivalent, the Service (whether as a stand-alone service or bundled with Customer's services) for consideration of any kind or for no consideration; (b) distribute or otherwise commercially exploit or make available to any third party the Service, or any part thereof, in any way; (c) directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any Content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction); (d) copy, rent, lease, distribute, or otherwise transfer any or the rights that Customer receives hereunder; (e) remove any proprietary notices or labels; (f) use any robot, spider, scraper or other automated means to access the Site or the Service for any purpose without Piranha DNS' express written permission; (g) interfere or attempt to interfere with the proper working of the Site or the Service or any activities conducted on the Site or the Service; (h) bypass any measures Piranha DNS may use to prevent or restrict access to the Site or the Service.
      5.    Any unauthorized use of the Site or the Service is expressly prohibited. Customer will not use the Site or the Service for any purpose that is unlawful or prohibited by these Terms of Service and agrees to abide by all applicable local, state, national and international laws and regulations.
      6.    Customer promises not to use the Site or the Service for any purpose that is unlawful or prohibited by these Terms of Service. Customer agrees to abide by all applicable local, state, national and international laws and regulations.
      7.    Customer will not impose an unreasonable or disproportionately (in the sole judgment of Piranha DNS) large load on Piranha DNS' computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise.
      8.    Customer will not use software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Piranha DNS or any third party.
      9.    Customer may not impersonate any person or entity, including, without limitation, any employee or representative of Piranha DNS.
      10.    Customer will not use any robot, spider, scraper or other automated means to access the Service for any purpose without Piranha DNS' express written permission. Additionally, Customer will not: (i) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (ii) bypass any measures Piranha DNS may use to prevent or restrict access to the Service.
      11.    Customer shall not (and Customer shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any Content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any or the rights that Customer receives hereunder. In addition, Customer shall not remove any proprietary notices or labels.
      12.    Customer may not harvest or collect information, including, without limitation, screen names, about other members or users of the Service. The use of any information learned through the Service or while in the Site is limited to the express purposes set forth in these Terms of Service; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.
      13.    Piranha DNS may remove any Content and Submissions at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Submissions). Customer may not harvest or collect information, including, without limitation, screen names, about other members or users of the Site or the Service. The use of any information learned through the Service or while in the Site is limited to the express purposes set forth in these Terms of Service; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited. Piranha DNS may, at its sole discretion, immediately terminate Customer's access to the Site and/or the Service should Customer's conduct fail to conform strictly and terms or conditions of these Terms of Service, including, without limitation, with any provision of this section.
      14.    Customer agrees that the Site and Service contains Content specifically provided by Piranha DNS or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Piranha DNS in writing, Customer agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. Piranha DNS has no obligation to monitor the Site, Service, or Content. Use of the Content for any purpose not expressly permitted in these Terms of Service is prohibited. Any rights not expressly granted herein are reserved.
      15.    Piranha DNS operates on a database system. Customers are then aware that there is no guarantee that infection from viruses/phishing schemes will not occur. There will be no compensation on the behalf of Piranha DNS paid to the Customer in the event that infection occurs. Customers, therefore, take full responsibility for surfing, and it is highly recommended by Piranha DNS, its affiliates, and its service providers that all Customers run anti-virus software. Piranha DNS is not a substitute for anti-virus software.
      16.    By using the Site, Customer consents to receiving electronic communications from Piranha DNS. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and Service. These electronic communications are part of Customer's relationship with Piranha DNS and Customer receives them as part of Customer's subscription to the Site and/or Service. Customer agrees that any notices, agreements, disclosures or other communications that we send Customer electronically will satisfy any legal communication requirements, including that such communications be in writing.
      17.    Customer payment will apply according to their service agreement with their service provider.
      18.    Termination of service can occur at any time, and there is no specific length of time that a customer is required to have service. However, payment is expected for any partial month or partial period that service was active regardless of date of termination of service. There are no refunds on service provided.
      19.    EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICE, SITE AND ALL CONTENT, SUBMISSIONS, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE SERVICE, SITE AND CONTENT, SUBMISSIONS, PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PIRANHA DNS, AND ITS AGENTS, PARTNERS, SUPPLIERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) ANY CONTENT OR SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY RESULTS, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE, OR OBTAINING PRODUCTS THROUGH THE SERVICE, WILL MEET CUSTOMER'S REQUIREMENTS. CUSTOMER'S USE OF THE SERVICE IS SOLELY AT CUSTOMER'S OWN RISK. NEITHER PIRANHA DNS NOR ITS AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS MAKES ANY WARRANTIES OF ANY KIND IN REGARD TO ANY CONTENT, SUBMISSIONS, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR POSTED BY USERS OF THIS SITE.
      20.    IN NO EVENT SHALL PIRANHA DNS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT OR PRODUCTS ACCESSIBLE THROUGH THE SITE AND SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF CUSTOMER'S USE OF ANY CONTENT OR SUBMISSIONS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SITE AND SERVICE. IN NO EVENT SHALL PIRANHA DNS' AGGREGATE LIABILITY TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OF SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CUSTOMER. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT PIRANHA DNS SHALL NOT BE LIABLE FOR ANY SUBMISSIONS OR USER CONDUCT.
      21.    Damages/lack of payment: if the customer refuses or is unable to make payment, then the balance will be sent to collections, and charges will be added for collection, attorney, and finance fees.
   6.    Web Design / WMP Program
      1.    We will produce all bills electronically. Payments will be made electronically. Your ACH will be charged automatically each month. There is a one-time activation fee of $200.00. I understand that billing for website maintenance services starts when this contract is signed. There is a $5.00 late fee for payments received after the due date, should electronic billing not complete due to changes in the customer credit card situation. Non-pro rata clause is in use with this contract. Full monthly amount is charged for any remaining portion of the month, regardless of start date. I understand that I am billed for service regardless of usage until my contract term is concluded. I understand that any balance not paid will be turned over to collections and I will be responsible for the outstanding balance as well as collection fees, attorney fees, court costs and legal interest. Annual rate increases may occur at a minimum of $1.00 per month on your anniversary. A Database Management fee will be added to all accounts of $1.00 per month. Billing will be on a calendar billing cycle except if you are on the 29th, 30th, or 31st of the month you will be billed on the first of the month. Amended 8/18/11: During the term of your promotional offer, if Benson raises the rates for our product offerings Benson also reserves the right to pass along that same rate increase to you.
      2.    Specific pictures or stock photos will be billed to your account. These plans do not include photography or stock photos.
      3.    BROWSER COMPATIBILITY - This agreement includes the creation of a website viewable by Microsoft Internet Explorer, Google Chrome or Firefox. Client is aware that as new versions of Internet Explorer, chrome or Firefox are developed, the new versions may not be compatible with the website. Time spent to redesign a website for compatibility due to the introduction of a new browser version will be negotiated and billed separately from this Agreement.
      4.    EXPENSE REIMBURSEMENT - We shall be entitled to reimbursement from the Client for the following "out-of-pocket" expenses necessary to complete design projects: fonts, stock photography, travel expenses, postage, copying, software and hardware. The Client must approve all expenses prior to purchase.
      5.    ASSIGNMENT OF WORK - We reserve the right to assign other designers or subcontractors to design projects to ensure quality and on-time completion.
      6.    COPYRIGHTS AND TRADEMARKS - The Client represents to COMPANY and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to us are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend our COMPANY and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
      7.    COPYRIGHT TO DESIGN PIECES - Copyright to the finished assembled work of web pages, design pieces and graphics created by design staff shall be vested with the Client upon final payment for the project. Rights to photos and graphics not created by COMPANY are specifically not transferred to the Client, and remain the property of their respective owners. COMPANY and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios and marketing materials, and retain the right to include design credits in work created. This website design is property and copyright of COMPANY, Inc for the three year contract. All material and copyright of information given to Benson is property of owner. If client files bankruptcy, property of domain and site will stay in COMPANY'S possession.
      8.    EMPLOYEES - COMPANY employees, if any, who perform services for the Client under this Agreement shall also be bound by the provisions of this Agreement.
      9.    AUTHORIZATION - If necessary, the Client hereby authorizes COMPANY to access their FTP account and authorizes their web hosting service to provide COMPANY with "write permission" for the Client's web page directory and any other directories or programs which need to be accessed for this project. The Client also authorizes COMPANY to publicize their completed website to Web search engines, as well as other Web directories and indexes.
      10.    DOMAIN REGISTRATION - COMPANY will secure a domain name for the Client at the Client's request. All charges incurred in doing so will be billed to the Client as an addition to the total cost contemplated by this Agreement. If the Client already has a domain name, COMPANY will coordinate redirecting the address to the new host. If the Client desires a specific domain name, which is already owned by another party, negotiations for said domain name must be undertaken by the Client. The Client will be identified as the owner of the domain name and will be designated as the administrative, technical, and billing contact. Domain names are property of the client and can be released at any time providing that the account is current and all contracts have been fulfilled. This agreement covers only the domain name to which it is assigned. No contracts are transferable between domains. All incidental updates will be billed at $45.00 per hour. Terms and conditions may change at any time. This contract may be terminated at the discretion of COMPANY. Program details are verbal and can change at anytime, check this Terms page for more details. Changes must be documented under form BC-WMP-CHANGE. Initial signup process must follow form BC-WMP-CHECKLIST. Contract term is three years at the above billed rate.
      11.    TEXT - Copy for design pieces must be supplied by the Client. Customer provides all content in a electronic format to COMPANY. COMPANY is not responsible for the content uploaded. All changes must be documented under form BC-WMP-CHANGE or via email: webdesign@bensoncom.com.
      12.    SITE REDESIGN - Site redesign is available every three years. If you would like a site redesign prior to the 3 years it will be billed hourly.
      13.    INDEMNIFICATION - The Client agrees to indemnify and hold COMPANY harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Client that result from the acts or omissions of COMPANY, COMPANY employees, if any, and Companies' agents with regard to the development of the Client's design project(s).
      14.    CONFIDENTIALITY - COMPANY recognizes that the Client has and will have the following information: products, prices, costs, discounts, future plans, business affairs, trade secrets, technical information, customer lists and other proprietary information (collectively, "Information") which are valuable, special and unique assets of the Client. COMPANY agrees that COMPANY will not at any time or in any manner, either directly or indirectly, use any information for COMPANY own benefit, or divulge, disclose, or communicate in any manner any information to any third party without the prior written consent of the Client. COMPANY will protect the Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.
      15.    CONFIDENTIALITY AFTER TERMINATION - The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.
      16.    NOTICES - All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as shown above. Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above.
      17.    RELATIONSHIP OF PARTIES - It is understood by the parties that COMPANY is an independent contractor with respect to the Client, and not an employee of the Client.
      18.    ENTIRE AGREEMENT - This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
      19.    AMENDMENT - This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
      20.    SEVERABILITY - If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
      21.    WAIVER OF CONTRACTUAL RIGHT - The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
      22.    APPLICABLE LAW - This Agreement shall be governed by the laws of the State of Indiana.
      23.    TERMINATION - Either party may terminate this Agreement by giving thirty days written notice to the other of such termination. In the event that design work is postponed or terminated at the request of the Client, COMPANY shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by COMPANY and COMPANY shall own all rights to the design piece(s). The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
      24.    Customer/Client agrees upon cancelling their contract with COMPANY, and Customer wants to use another entity or individual for maintenance, COMPANY will continue to host the site. If any assistance is needed on designing Customer’s site, Customer agrees to pay an hourly charge of $45.00 for design work. Customer also agrees that COMPANY will no longer keep copies of Customer’s site other than the live version..
   7.    Peace of Mind Program
      1.    Customer understands that when they sign up for the Peace of Mind Program that repair or replacement will be $75.00 per incident.
      2.    All new customers will automatically be signed up for Peace of Mind.
   8.    DSL Service
      1.    Customer agrees not to hold COMPANY responsible for any damages resulting from interruption in service, acts of God, or from any other cause.
      2.    Customer understands that COMPANY has the authority to terminate my account due to illegal activities, misuse of service, or for any other reason as seen fit by COMPANY management.
      3.     Customer understands that there is no contract for this service and is on a month to month basis.
   9.    AVG Services
      1.    Customer agrees to the two or three year contract. Customer agrees this is not a monthly service and COMPANY has purchased this software on behalf of the customer.
      2.    Purchasing AVG does not guarantee that the customer will not be infected with a virus, Trojan, or similar malware items.
      3.    Customer does not need to contact support unless they have a problem with a virus and their system is not able to repair their computer.
      4.    This license can be moved to another computer but a small charge may apply to the customer to change the software keys.
      5.    Failure to pay your invoice may cause your existing service to stop working; however, you are still responsible for the entire remaining term of your contract.
      6.    Customer agrees to make sure computer is always updated to the most recent database and make sure scans are performed weekly.
   10.    Data Backup
       1.    We offer Data Backup service as another method of data backup. We never recommend using our service as the ONLY backup method of data backup; therefore we cannot be held responsible for loss of data during a backup or after the backup has been made.
       2.    You agree to all data charges from your local ISP for any usage from our data product.
       3.    You agree to allow the data backup to run at all hours and that your connection may be throttled preventing the data backup software from backing up data at high speeds.
       4.    You agree that restoration of data can take many hours, days or weeks for a complete backup.
       5.    Unlimited storage is not truly unlimited. If Customer go over normal storage amount, Customer will be assessed another charge and/or COMPANY has the right to cancel Customer’s account.
       6.    Customer is never authorized to store pirated or illegal material! If COMPANY detects this type of activity, COMPANY has the right to cancel Customer’s account.
       7.    Data Backup only attempts to back up data, which does not include the ability to complete bare metal restores, OS recovery, or any backup of customer owned software.
       8.    COMPANY reserves the right to limit, block, and allow filetypes for data backup which is subject to change at any time without notification to Customer. MP3's and Video files will not be backed up unless essential to Customer's business operations.
       9.    It is the Customer's responsibility to inform COMPANY technician of all necessary files that will be backed up at the initial setup of the DATA Backup software. Customer agrees to any and all charges if additional files need added to backup, and a COMPANY technician performs that service after the initial setup of the software.
   11.    Local POTS Lines
       1.    Customer agrees to provide COMPANY with accurate, current and complete information, to the extent required by COMPANY to provide your local phone service, long distance, or internet and to maintain and update this information as required to keep it accurate, current and complete.
       2.    The start date for our services begins when provisioning is completed on the circuit or the date when the paperwork is signed. Customer is solely responsible for any charges to account and any activities conducted through account from the time of provisioning or setup. COMPANY agrees to provide customer with the selected package service, along with any applicable options included in customer's package. COMPANY also agrees to provide billing and collection services related to this account.
       3.    If COMPANY does not receive the complete balance by the due date listed on your invoice, an additional 1.5% (or the highest amount permissible by law, if more/less) per month of the outstanding balance may be added to your invoice in addition to a $5.00 late charge per circuit. In the event of suspension, there will be a $50.00 fee per circuit to suspend the account, this must be paid along with the past due and current balance before the account can be reactivated. At the time of suspension, COMPANY will review payment history for the past year before restoring service. A deposit may be required to be restored in this instance. In the event of default, customer will be liable for all attorney and collection fees arising out of COMPANY's efforts to collect any unpaid balance of customer's account along with any suspension fees. A fee of $25.00 will be charged for all returned checks.
       4.    If you feel there is an amount on your bill that is not correct or you are disputing a charge, you must contact customer service as soon as you receive your bill. Inaccurate or disputed amounts must be filed with COMPANY prior to being past due. Disputes will not be eligible for credits after the past due date or if your account history is unsatisfactory. The balance on the account must be paid current for any credits to be considered.
       5.    Customer shall not sell, transfer, or assign this Agreement without the prior written consent of COMPANY. Any unauthorized transfer or assignment shall be null and void; provided, however, that any such assignment shall not relieve the Customer of its obligations under this Agreement. Interpretation and enforcement of this Agreement shall be governed by the laws of the State of Indiana.
       6.    Customer agrees that it shall indemnify, defend and hold harmless COMPANY and its officers, directors, employees, agents and shareholders from and against any costs, expenses (including, but not limited to, reasonable attorneys' fees and expenses), losses, damages (specifically excluding consequential, exemplary, special, indirect or punitive damages), suits, claims, or liabilities incurred and arising from or relating to Customer's use of local phone service.
       7.    Customer is responsible for notifying Customer Service immediately if there are any problems with their service.
       8.    This Service Agreement relates any service packages selected or offered by COMPANY to the customer. COMPANY reserves the right to change or revise this agreement without notification to the customer. Please refer to www.u4billing.com for the most recent Service Agreement.
       9.    COMPANY has a No Refund Policy. Customers can cancel their account at any time during the month but they are responsible for all charges through the end of the billing period after the cancellation process has been completed. Please see the appropriate terms in the Billing Policies section for more information.
       10.    All contracts will automatically renew for a 1 year period, after the contract ends, unless customer notifies COMPANY.
       11.    COMPANY must be notified if you want to disconnect or switchback services from our COMPANY. As of July 1, 2009 COMPANY will no longer charge a $25 disconnect/switchback charge. It is the customers' responsibility to notify COMPANY when they want to disconnect/switchback and the reason. Disconnects or Switchbacks can take up to 15 days to complete. Billing stops on the final date billed on the last invoice printed.
       12.    It is the intention of the COMPANY to maintain the best service possible. Telephone circuits are peculiarly subject to trouble and COMPANY does not guarantee uninterrupted working of its lines and equipment, service, and it shall not be responsible for failure in transmission of any message. In case service is interrupted other than by the negligence or willful act of the subscriber, an adjustment will, upon application by the subscriber and credit from the vendor, be made in the amount of charges for such service, equipment and facilities furnished as were inoperable. Any adjustment will be for interruptions of a period of longer than 24 hours, and in any event, no credit will be authorized unless the account is current. NO LIABILITIES SHALL IN ANY CASE ATTACH TO THE TELEPHONE COMPANY.
       13.    COMPANY charges a one-time fee of $40 on each new business land line circuits. COMPANY will waive this $40 fee if the customer elects to sign a one year contract. Once a contract has been signed and agreed upon, the customer will be responsible for services under the full contract term. In the event that the customer defaults on this contract, the customer will be responsible for 80% of the remaining months of service in the contract per circuit.
       14.    Customer agrees to only use COMPANY for Long Distance if they use COMPANY for Local phone service.
       15.    Customer agrees to a charge of $150.00 if a Technician is dispatched from the LEC and no outside wire issue is discovered. This charge will be added to Customer’s bill and cannot be disputed.
       16.    New Phone Service: Anytime a new line is established with a new number, there is a $90.00 charge. If customer signs a contract then there will be a $50 charge for customers.
   12.    Long Distance Only
       1.    When a customer switches services to COMPANY for Long Distance Service they agree to allow COMPANY to become their new provider for Long Distance Services.
       2.    Any and all PICC charges that are assessed to the carrier will be passed thru to the customer, some might be passed thru direct and some might be passed thru with markup.
       3.    Customer agrees to a FCC access fee applied to all LD circuits, this FCC access fee will change yearly and is based on a per circuit basis.
       4.    Once a contract has been signed and agreed upon, the customer will be responsible for services under the full contract term. In the event that the customer defaults on this contract, the customer will be responsible for 80% of the remaining months of service in the contract per circuit.
   13.    Virtual PBX
       1.    Customer agrees to purchase equipment from the COMPANY direct and not thru another provider.
       2.    If the customer wishes to make any changes to the service they will be assigned a $20.00 charge for any changes made to their configuration.
       3.    If a customer changes their location it is the responsibility of the customer to update their 911 location by contacting orders@indianatelephonenetwork.com this change MUST be completed prior to changing addresses, if this change is not recorded with COMPANY 911 will be sent to the incorrect address.
       4.    If you wish to change your email address for email delivery of voicemail you must send an order to orders@indianatelephonenetwork.com
       5.    Customer agrees to us COMPANY as the customers LOA for telecommunications services.
       6.    For any and all numbers that are requested by the CUSTOMER to be listed in the directory, there will be a $1.00 charge.
       7.    Once a contract has been signed and agreed upon, the customer will be responsible for services under the full contract term. In the event that the customer defaults on this contract, the customer will be responsible for 80% of the remaining months of service in the contract per circuit.
   14.    Voicemail
       1.    Customer agrees to us COMPANY as the customers LOA for telecommunications services.
       2.    If the customer wishes to change their email address for voicemail or wishes to add or change voicemail boxes a charge of $20 may apply all changes must be sent to orders@indianatelephonenetwork.com
   15.    Conferencing Calling
       1.    Customer agrees that they are responsible for their pin’s and it is unacceptable to share these pins to other companies or individuals outside of the COMPANY that is paying for the conference calling pins.
       2.    Changing a pin can be requested by contacting orders@indianatelephonenetwork.com and a service charge of $20 will apply for each pin changed.
       3.    If Customer’s account is cancelled or suspended Customer’s PIN’s will be deactivated and any additional minutes on Customer’s conference calling plan will be added to Customer’s account on Customer’s next invoice.
       4.    Customer agrees to not dispute charges accrued on Customer’s PIN’s.
   16.    VOIP via ATA
       1.    Customer agrees that their phone service is provided via internet service and no longer provided via POTS lines.
       2.    COMPANY recommends that the Customer has two internet lines ran to their location for maximum uptime for their phone service.
       3.    COMPANY does not take responsibility for any downtime issues caused by internet outages.
       4.    Customer agrees to any long distance charges on their account. Customer must sign an international waiver if they would like to have international long distance added to their account. If the Customers phone system or ATA is compromised Customer agrees to pay for all charges on their account.
       5.    ATA Return Policy - COMPANY will provide the first replacement for FREE. It will be the customer's responsibility to pay half of the second replacement. The third replacement and so on will be the customer's full responsibility to pay 100% of the cost. If the customer goes a full 12 month period, starting from the last replacement, then this process will begin again.
       6.    For any and all numbers that are requested by the CUSTOMER to be listed in the directory, there will be a $1.00 charge.
       7.    Once a contract has been signed and agreed upon, the customer will be responsible for services under the full contract term. In the event that the customer defaults on this contract, the customer will be responsible for 80% of the remaining months of service in the contract per circuit.
   17.    SIP
       1.    COMPANY does not take responsibility for any downtime issues caused by internet outages.
       2.    Customer agrees to any long distance charges on their account. Customer must sign an international waiver if they would like to have international long distance added to their account. If the Customers phone system or ATA is compromised Customer agrees to pay for all charges on their account.
       3.    Customer agrees to notify COMPANY if any IP addresses will change to their main SIP server/device.
       4.    Once a contract has been signed and agreed upon, the customer will be responsible for services under the full contract term. In the event that the customer defaults on this contract, the customer will be responsible for 80% of the remaining months of service in the contract per circuit.
   18.    RCMP – Computer Maintenance Plan
       1.    RCMP contracts are 1 year unless Customer subscribe to AVG making the contract a 2 year for all services.
       2.    COMPANY will produce all bills electronically. Payments will be made electronically. Customer’s credit/debit card/ACH account will be charged automatically each month.
       3.    There is a one-time activation fee of $35.00. I understand that billing for computer maintenance services starts when this contract is signed.
       4.    There is a $5.00 late fee for payments received after the due date, should electronic billing not complete due to changes in the Customer credit card situation or other late payment reasons.
       5.    Non-pro rata clause is in use for all packages we bill. Full monthly amount is charged for any remaining portion of the month, regardless of start date.
       6.    I understand that I am billed for service regardless of usage until my contract term is concluded. I understand that any balance not paid will be turned over to collections and I will be responsible for the outstanding balance as well as collection fees, attorney fees, court costs and legal interest.
       7.    This agreement covers only the case number/computer to which it is assigned. In the event that a new case number/computer is registered for service due to the Customer’s discarding originally contracted computer due to failure, the new case number/computer would be covered for the remainder of this contact. The Customer is responsible for the full contract on their personal computers registered on this contract. (For example, Customer’s computer fails after three months on the contract and Customer have to buy a new one. Then the old computer would be removed from the contract and the new one would be added for the remaining nine months of the contract.) No contracts are transferable between individuals.
       8.    All incidental and other charges for equipment will be due upon receipt of final invoice. This contract may be terminated at the discretion of COMPANY.
       9.    COMPANY will change the serviced computer name to match the computer registration number. Before remote monitoring can begin, software must be configured and remain on the registered computer for the entire term of this agreement.
       10.    COMPANY Data Backup can only be subscribed to if Customer subscribes to one of the maintenance packages.
       11.    Program Descriptions: All Packages include the following services on a monthly basis (for in-shop repair only):
           1.    Insuring the antivirus and Windows Updates are timely
           2.    Scan for and remove viruses, adware and spyware
           3.    Running defragmentation software
           4.    Search, Review and Clearing out any temp folders, cookies, cache, recycling bin etc...
           5.    Clean dust out of air vents, fans and heat sinks to prevent possible hardware problems
           6.    Windows repair and installation and program re-installation (licensed program(s) must be provided by Customer).
           7.    Windows only computers & servers
       12.    The following are not covered;
           1.    hardware replacements
           2.    power supplies
           3.    monitors
           4.    printers are NOT COVERED UNLESS NETWORKED VIA TCP/IP, no mechanical items will be worked on.
           5.    scanners
           6.    loss of data for any cause
           7.    software replacement
       13.    Termination of this agreement after one year for residential customers must be provided by going to www.cancel-my-account.com
       14.    A Database Management fee of $1.00 per month will be added to all accounts.
       15.    During the term of Customer’s promotional offer, if COMPANY raises the rates for our product offerings COMPANY also reserves the right to pass along that same rate increase to Customer. Annual rate increases may occur at a minimum of $1.00 per month on Customer’s anniversary.
       16.    Customer authorize us to use any card/EFT (on file with any COMPANY we are associated with) that belongs to Customer or a COMPANY Customer own to authorize payment for Customer’s account with COMPANY. By providing an email address Customer OPT-IN to all of COMPANY’s newsletters and mailings.
       17.    In order to have a RCMP add-on package the primary package must still be active. For example, Customer cannot unsubscribe from the maintenance plan if Customer have a two year AVG agreement.
       18.    Indemnification: The Customer agrees to indemnify and hold COMPANY harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Customer that result from the acts or omissions of COMPANY, COMPANY employees, if any, and Companies' agents with regard to third party remote access software used by COMPANY to service Customer equipment.
       19.    COMPANY will only access customer equipment using third party remote access software if notified by the customer of an issue needing fixed, if upgrades or proactive measures need to be taken to maintain Customer equipment ,or emergencies arise where Customer cannot operate, and all of such occasions COMPANY will notify customer of such action via email/ticketing software prior to remoting into Customer equipment.
       20.    COMPANY will make one attempt to remove third party remote access software if customer no longer desires to retain services from COMPANY; if customer declines the removal of said software then customer agrees to not hold company responsible for any issue related to or caused by the access software or anyone attempting to use said software. See clause 1.18.18 or 1.19.19 respectively.
   19.    BCMP – Computer Maintenance Program
       1.    This contract is a THREE (3) year contract. Note: The Primary Package and all Add-A-Device Packages assume the contract term of the latest device added.
       2.    COMPANY will produce all bills electronically. Payments will be made electronically. Customer’s credit/debit card will be charged automatically each month. There is a one-time activation fee of $50.00. All questions should be directed to COMPANY staff. I understand that billing for computer maintenance services starts when this contract is signed.
       3.    There is a $5.00 late fee for payments received after the due date, should electronic billing not complete due to changes in the Customer credit card situation or other payment issues.
       4.    Non-pro rata clause is in effect for all services on this account. Full monthly amount is charged for any remaining portion of the month, regardless of start date.
       5.    I understand that I am billed for service regardless of usage until my contract term is concluded. I understand that any balance not paid will be turned over to collections and I will be responsible for the outstanding balance as well as collection fees, attorney fees, court costs and legal interest.
       6.    This agreement covers only the case number/computer to which it is assigned. In the event that a new case number/computer is registered for service due to the Customer’s discarding originally contracted computer due to failure, that contract remains in force and the agreement attached to discarded computer is payable until the end of the service agreement unless the Customer chooses to transfer contract to a different device. New computers must be registered under a new case number.
       7.    No contracts are transferable between individuals or companies. All incidental and other charges for equipment will be due upon receipt of final invoice. Terms and conditions may change at any time. This contract may be terminated at the discretion of COMPANY.
       8.    COMPANY will change the serviced computer name to match the computer registration number. Before remote monitoring can begin, software must be configured and remain on the registered computer for the entire term of this agreement.
       9.    Program details are verbal and can change at anytime, check COMPANY’s website for more details.
       10.    Data Backup can only be subscribed to if Customer subscribes to one of the maintenance packages.
       11.    Programs Descriptions: All Packages include the following services on a monthly basis (for in-shop repair only):
           1.    Insuring the antivirus and Windows Updates are timely
           2.    Scan for and remove viruses, adware and spyware
           3.    Running defragmentation software
           4.    Search, Review and Clearing out any temp folders, cookies, cache, recycling bin etc
           5.    Clean dust out of air vents, fans and heat sinks to prevent possible hardware problems
           6.    windows repair and installation and program re-installation (licensed program(s) must be provided by Customer)
           7.    Windows only computers are covered in this agreement
       12.    The following are not covered;
           1.    running of any kind of cable or punching down excessive amounts of cable
           2.    hardware replacements
           3.    power supplies
           4.    monitors
           5.    printers
           6.    scanners
           7.    loss of data for any cause
           8.    software replacement
           9.    specialized software support
       13.    Termination of this agreement after the initial three year term must be provided at least thirty (30) days prior to cancellation utilizing our form located at WWW.CANCEL-MY-ACCOUNT.COM
       14.    A Database Management fee will be added to all accounts of $1.00 per month.
       15.    During the term of Customer’s promotional offer, if COMPANY raises the rates for our product offerings COMPANY also reserves the right to pass along that same rate increase to Customer. Annual rate increases may occur at a minimum of $1.00 per month on Customer’s anniversary.
       16.    Customer authorize us to use any card/EFT (on file with any COMPANY we are associated with) that belongs to Customer or a COMPANY Customer own to authorize payment for Customer’s account with COMPANY.
       17.    In order to have BCMP add-on package the primary package must still be active. For example, Customer cannot unsubscribe from the maintenance plan if Customer have a two year AVG agreement.
       18.    BCMP Servers are classified as either physical or hosts. For example if the physical machine has two virtual machines we will charge for three servers, not just one, as the 3rd server is for a "Hypervisor and physical machine".
       19.    Indemnification: The Customer agrees to indemnify and hold COMPANY harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against the Customer that result from the acts or omissions of COMPANY, COMPANY employees, if any, and Companies' agents with regard to third party remote access software used by COMPANY to service Customer equipment.
       20.    COMPANY will only access customer equipment using third party remote access software if notified by the customer of an issue needing fixed, if upgrades or proactive measures need to be taken to maintain Customer equipment ,or emergencies arise where Customer cannot operate, and all of such occasions COMPANY will notify customer of such action via email/ticketing software prior to remoting into Customer equipment.
       21.    COMPANY will make one attempt to remove third party remote access software if customer no longer desires to retain services from COMPANY; if customer declines the removal of said software then customer agrees to not hold company responsible for any issue related to or caused by the access software or anyone attempting to use said software. See clause 1.18.18 or 1.19.19 respectively.
   20.    VIP Pool & Exercise Room
       1.    Exercise room and pool room are limited by hours of operation. Please check the published times at the front desk. Normal hours are 4a.m. through Midnight Daily.
       2.    There is a limit of 20 people in the pool at any given time.
       3.    If you choose to bring someone with you to the hotel and they are not an add-a-guest on your monthly plan you must pay the daily rate or enroll them on your plan.
       4.    Brook Pointe management may introduce electronic pass cards, fingerprint technology, and or hand print technology for door access.
       5.    The pool can be closed for up to one month at a time for pool cleaning and painting. If we need to close the pool we will publish this on our calendar on our website.
       6.    Customer may use the access card as many times as Customer would like during the day and month.
       7.    This is a one year contract and is automatically renewed on a month to month basis.
       8.    Customer’s account must be paid with ACH to get the promotional rate mentioned on the rate plan.
       9.    The discounted intro rate of $19.99 is only available for the first 100 Customers on this plan due to the limited allowed occupancy. After 100 VIP signups, this plan will no longer be offered, and will be replaced with a higher rated plan
       10.    If Customer choose to pay by debit or credit Customer must pay a higher amount for processing.
       11.    A VIP charge of $1.00 per month will be added to all invoices and monthly subscriptions.
       12.    If Customer files bankruptcy and Customer’s account is current, it will continue to bill Customer’s account; if Customer’s account is not current we will cancel Customer’s account and all access cards will cease to work.
       13.    In the event of default we will aggressively work at collecting that debit by any means within our reach. In the event Customer’s account is in default we will also black list Customer’s name from doing business with any William James Morris companies or affiliates.
       14.    This contract can be cancelled at COMPANY’s sole discretion.
       15.    An activation fee of $5 is required to begin the program.
       16.    Customer is not guaranteed access to any items in the exercise room and it is first come first serve at all times. We suggest contacting front desk to find out the least busy time to exercise or use the pool.
       17.    No shower facilities are available.
       18.    COMPANY is not responsible for issues or accidents. There is NO LIFEGUARD ON DUTY so Customer are using the facilities at Customer’s own risk.
       19.    Prices and rates are subject to change and notifications of such changes are not guaranteed. At a minimum Customer’s monthly rate will increase by $1.00 per month at the end of Customer’s contract.
       20.    In order to use the facilities on a daily guest pass or as a VIP, Customer must sign in at the front desk each day Customer use the facilities.
       21.    All Cancellations must be submitted online. Please see the appropriate terms in the Billing Policies section for more information. COMPANY front desk employees are unable to make payments, change subscription settings, or make any changes to Customer's account. If Customer wish to change payment methods please call 574-306-4100.
   21.    Partners Advertising Program
       1.    This advertisement is a one year contract which will auto renew to a one year contract each year if Customer have not contacted us in writing.
       2.    A $5 late fee will be billed to Customer’s account if no payment is received by the due date.
       3.    If payment is not received after two billing cycles, Customer’s advertisement will be pulled and Customer’s account will be sent to collections.
       4.    No invoices will be printed or emailed if Customer pay by debit or credit card.
       5.    A $1.00 per month per invoice transaction fee will be added to all accounts.
       6.    There will be a yearly price increase of no less than $1.00.
   22.    Media Signage
       1.    Customer are entering into a one year contract that cannot be cancelled unless the contract has been paid in full.
       2.    In the event of bankruptcy and or default due to nonpayment equipment will be removed without notice.  In the event equipment cannot be removed we will file judgment against the owner of the establishment.
       3.    If Customer are an advertiser and payment is not made in a timely manner Customer’s account will be suspended/cancelled and Customer will incur late/collection fees of no less than $5.00 per month.  All nonpayment accounts will be black listed from all William James Morris Companies until Customer’s account has been brought current and approved for business transactions again.  Suspended accounts will have their advertisements pulled from the media signage network immediately.
       4.    Customer agrees to allow all William James Morris Companies to use Customer’s name as reference for the network and for sister companies.
       5.    We aim to broadcast Customer’s advertisement on our network as much as we can, but due to technical situations beyond our control some Hosts will not have 100% uptime.
       6.    In order to be a Host Customer must have high speed internet.  If Customer does not have high speed internet, we can provide it for Customer and bill Customer’s account for internet.
       7.    We can never guarantee that a competitor will not advertise on a Host’s screen.
       8.    If there are less advertisers Customer’s ad will have more screen time, with more advertisers Customer will have less screen time, however Customer will never have less than 6 seconds of screen time every 15 minutes.
       9.    Prices for advertisers and Hosts could increase on the anniversary of Customer’s account starting at a minimum of $1.00.
       10.    A $1.00 per month BRF invoice transaction fee will applied to each monthly invoice.
   23.    Family Escape Weekend 
       1.    The Family Escape Weekend is for families and must include 1 adult for every 5 kids.
       2.    The entire length of the Family Escape Weekend an adult must be present with all kids that they bring to the event. No children can be left un-attended or left with hotel staff.
       3.    Schedule of events may change and no activity is guaranteed to be provided for this event.
       4.    Staff may require you and your family to have some sort of identification on to prove you can eat the food provided. If you chose to not wear the identification marker we cannot guarantee you will be feed during this event.
       5.    No pets are allowed for this event.
       6.    Pool use must be supervised by parents as no lifeguard is on duty.
       7.    Quiet time will be enforced strictly at 11 PM. No running in the hallways except for games that staff has approved.
       8.    Groups/Families over 5 will require another room and will have to pay full rate for each room and that amount is the package rate for the Family Escape Weekend.
       9.    Adults must be over 21.
   24.    Advance Pay Brook Pointe Inn 
       1.    No other discounts can be used while this advance pay is used. You cannot stack discounts.
       2.    Refunds will not be given for any reason on advance pay
2. .   OPT IN
   1.    By providing an email address Customer OPT-IN to all of COMPANY’s newsletters and mailings.
   2.    If Customer wish to unsubscribe to our mailings Customer must submit a request to: www.cancel-my-account.com/email
3. .   Security Deposit
   1.    COMPANY reserves the right to secure Customer’s account with a suitable form of security deposit, unless satisfactory credit has already been established through twelve (12) consecutive months of current payments for services COMPANY. A payment is not considered current in any month if it is made more than 15 days after the bill date.If a security deposit is requested by COMPANY, in the event that an account is suspended due to non payment, the full balance showing on the account plus the security deposit will be required to resume service with COMPANY. Such security deposit shall take the form of cash or cash equivalent, or other forms of security acceptable to COMPANY.If a security deposit is required on a new account, such security deposit shall be made prior to inauguration of service. If the deposit relates to an existing account, the security deposit will be made prior to acceptance by COMPANY of additional orders for service. Such security deposit shall be two (2) months' estimated billings as calculated by COMPANY, or twice the most recent month's invoices from COMPANY for existing accounts. The fact that a security deposit has been made in no way relieves Customer from complying with COMPANY's regulations as to advance payments and the prompt payment of bills on presentation, nor does it constitute a waiver or modification of the regular practices of COMPANY providing for the discontinuance of service for non-payment of any sums due COMPANY. COMPANY reserves the right to increase the security deposit requirements when, in COMPANY's reasonable judgment, changes in Customer’s financial status so warrant and/or gross monthly billing has increased beyond the level initially used to determine the security deposit. Any security deposit shall be held by COMPANY as a guarantee of payment of any charges for carrier services billed to Customer, provided, however, COMPANY may exercise its right to credit any cash deposit to Customer’s account, upon the occurrence of any one of the following events:
      1.    When Customer’s undisputed balances due to COMPANY are more than thirty (30) days past due;
      2.    or When Customer files for protection under the bankruptcy laws;
      3.    or When an involuntary petition in bankruptcy is filed against Customer and is not dismissed within sixty (60) Days;
      4.    or When Customer has been delinquent more than twice in any calendar year. Any security deposit may be held during the continuance of the service as security for the payment of any and all amounts accruing for the service. No interest will accrue or be paid on deposits.
4. .   Warranty
   1.    No warranties are made regarding any of the services we provide. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis. Neither we nor any of our affiliates, our licensees, our contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor do we make any warranty as to the results from use of the Service.
   2.    No advice or information given by us, our affiliates, licensees, contractors or their respective employees shall create a warranty or change this Agreement in any manner whatsoever.
5. .   Age Limit
   1.    Customer represents to us that he or she is 18 years of age or older.
   2.    Customer understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.
6. .   Services Package Policies
   1.    Contract end dates are set as the last day of the month the service package was ordered during. For example, Customer signs up on January 15 the contract end date would be January 31.
   2.    All existing service packages with a contract term assume the contract end date of the most recent service package added for that service type. For example, Customer has 10 Virtual PBX packages with a three-year contract term, when 4 more Virtual PBX packages are added, the contract end date for all 14 packages becomes three years from the date the 4 new packages were added.
   3.    All contracts will automatically renew unless notification is received 30 days prior to the contract end date. See Billing Policies section for the cancellation process.
7. .   Billing Policies
   1.    All returned checks are subject to NSF fees that will vary in amount depending on the service being provided and are subject to change without notification to the Customer. If unresolved, services may be interrupted and additional suspension fees will be applicable.
   2.    Customer understands that bills will be sent by e-mail, and that if I do not provide a billing email address, bills will be sent to my provided email address. Postal bills are an option at an additional price.
   3.    If COMPANY does not receive the complete balance by the due date listed on Customer’s invoice, an additional 1.5% (or the highest amount permissible by law, if more/less) per month of the outstanding balance may be added to Customer’s invoice in addition to a $5.00 late charge per phone circuit if services established before January 1, 2013. If services established after January 1, 2013 the previous late fee charges may be replaced by a flat $10.00 fee per account. In the event of suspension, there will be a $10.00 fee per internet circuit and a $50.00 fee per phone circuit to suspend the account, this must be paid along with the past due and current balance before the account can be reactivated. At the time of suspension, COMPANY will review payment history for the past year before restoring service. A deposit may be required to be restored in this instance. In the event of default, Customer will be liable for all attorney and collection fees arising out of COMPANY’s efforts to collect any unpaid balance of Customer’s account along with any suspension fees.
   4.    All bills will be produced electronically, and CUSTOMER is responsible for checking emails and retrieving invoices. If Customer requests paper invoices, fees may apply.
   5.    All Cancellations for all services must be completed online at cancel-my-account.com unless otherwise specified directly in Customer's original service agreement. If Customer does not have a computer or internet access to cancel Customer's subscription, they may use a public library computer to complete the cancellation. Customer is responsible for all charges through the end of the billing period after the cancellation process has been completed which normally takes 10 business days but can take up to 90 days depending on the type of service being provided. If Customer is under a contract, COMPANY has the right to deny cancellation requests or apply appropriate early termination fees spelled out on this site or the fully executed original agreement between COMPANY and Customer. If an agreement requires a written notice request for termination, a request through cancel-my-account.com shall serve as that written notice. All other forms of written request (letter, email, etc) to cancel will not be accepted unless it is accompanied by a cancellation request completed through cancel-my-account.com
   6.    It is the intention of the COMPANY to maintain the best service possible. Telephone, Internet, and Computer related services are peculiarly subject to trouble and COMPANY does not guarantee uninterrupted working of its lines and equipment, service, and it shall not be responsible for failure in transmission of any message. In case service is interrupted other than by the negligence or willful act of the subscriber, an adjustment will, upon application by the subscriber and credit from the vendor, be made in the amount of charges for such service in the form of a credit to the Customer account, equipment and facilities furnished as were inoperable. Any adjustment will be for interruptions of a period of longer than 24 hours, and in any event, no credit will be authorized unless the account is current. NO LIABILITIES SHALL IN ANY CASE ATTACH TO THE COMPANY.
8. .   Collection Policies
   1.    Collection fees and or late fees will be charged per month if Customer’s account is past due or in collection status. These fees change often but will not be less than $5 per month.
   2.    Immediately upon cancelling Customer’s account, COMPANY will begin aggressively collecting any unpaid balance and or monies left on a term under contract through any and all legal means necessary.
   3.    Customer’s EIN and/or Social Security number will be entered into our credit check system, and Customer will be black listed from all companies associated with COMPANY. Customer can be removed from the black list only after all debt is paid and accounts made current to COMPANY and then the removal will be solely at COMPANY’s discretion.
   4.    COMPANY will send collection letters to all known addresses of the Customer when the account goes into the collection process.
   5.    COMPANY will send automated collection calls to Customer’s known phone numbers. It is the Customer’s responsibility to return all calls made by the COMPANY in a timely fashion in order to work out a payment arrangement on any and all unpaid balance.
9. .   E911
   1.    When ordering any VOIP plan you provide us with a physical address. The address you provide is added to the 911 databases. In the event you travel to a different location, or simply need to make a change or correction, you may update your address by contacting our Customer Service Department at 260-490-9000, 877-562-2584, or email the information to service@indianatelephonenetwork.com. You will need to provide your account number, name, complete new address including zip code, e-mail address, and the effective date. Please allow 7 working days for this change. You will receive a confirmation e-mail back from VOIP confirming your address change. Calls made to 911 will be delivered to the nearest PSAP (Public Safety Answering Point, or 911 Emergency Center). If you are traveling temporarily, be sure to change back to your home address upon returning.
         If you live within an area where 911/E911 emergency services are available, we would like to inform you of some important differences between 911 offered through traditional phone service and 911 services available through VOIP:
      1.    Fire, police, ambulance and all other emergency response service will be dispatched to the service address you provided upon sign up, regardless of whether or not users are at that location when they place the call. Customers must make sure that their service address is always correct and is the address at which they would like emergency responders to be dispatched to in the event of an emergency.
      2.    911 calling is always subject to technical limitations of the VOIP service itself.
      3.    911 calling may fail in the event of an electrical power outage, interruption of broadband connection or network congestion. VOIP suggests that the purchase of a battery back-up is a low cost option that will allow customers to plug in their modem, computer and VOIP phone adapter for continuous phone service and Internet Access in the event of an emergency.
   2.    COMPANY ADVISES CUSTOMERS TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES. IN THE EVENT OF A POWER OR SERVICE OUTAGE, 911 OR E911 WILL NOT BE AVAILABLE.
   3.    The FCC (Federal Communications Commission) requires VOIP to provide emergency 911 services to all customers wherever the service is available.
   4.    Limitation of Liability and Indemnification
      1.    Customer acknowledges and understands that COMPANY's liability for any Service outage and/or inability to dial Emergency Calling Service from your line or to access emergency service personnel, as set forth in this document. Customer agrees to defend, indemnify, and hold harmless COMPANY, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service including Emergency Calling Service dialing and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial 911 or to access emergency service personnel. This paragraph shall survive termination of this Agreement.