TERMS & CONDITIONS

 

By signing the PocketiNet Communications Inc. customer agreement (“Agreement”), incorporating these Terms & Conditions by reference, you are agreeing with the terms and conditions set forth herein, and you are certifying that you are 18 years of age or older and have signature authority to make this Agreement.

 

PocketiNet may change these Terms and Conditions at any time at its sole discretion. Any such change is effective immediately upon it being posted on the PocketiNet website (www.pocketinet.com) or delivery of any other notice to you. Continued use of the Services after such change becomes effective constitutes your agreement and acceptance of the change.

 

PROVISION OF SERVICES

 

PocketiNet will provide to customer dedicated network connectivity as indicated in the Agreement. Customer understands that, because Internet traffic is bursty, actual speeds may vary with overall network load.

 

Network connectivity is defined by link connectivity between the customer site and PocketiNet’s network and interconnection with our backbone. PocketiNet will use best efforts to deliver the speed stated in the Agreement, but actual speeds may be lower due to conditions beyond PocketiNet’s control.

 

In addition, PocketiNet will provide a standard installation (radio, antennas and standard mounting equipment, whatever is deemed necessary) in exchange for payment of fees and compliance with these Terms & Conditions.

 

Services are defined as the use of computing, telecommunications and information services provided by PocketiNet, plus access to those provided by others via the Internet.

 

Customer understands that fair-use data is 2 GB per dollar of monthly service (e.g., a US $49 plan includes 98 GB/month). Usage above that limit may be billed at US $3 per GB. PocketiNet may revise usage limits at any time.

 

NON-STANDARD INSTALLATION FEES

 

If a standard installation is not possible, PocketiNet will provide a report of optional mounting configurations and costs. The customer may choose an option or decline service.

 

EQUIPMENT

 

All equipment (radios, antennas and standard mounting hardware) remains PocketiNet property unless purchased and paid in full by the customer. The customer may not sell, transfer, lease, encumber or assign any PocketiNet equipment.

 

The customer must reimburse PocketiNet for the full retail cost—or repair/replacement cost—of any lost, stolen, un-returned, damaged, sold, transferred, leased, encumbered or assigned equipment, plus collection costs.

 

FEES AND PENALTIES

 

Statements are sent on the 20 th of each month; payment is due by the 1 st. Auto-pay (credit-card/ACH) runs on the 1 st.

 

Residential accounts have a 10-day grace period; business accounts have 60 days. If payment is not received within the grace period, service is interrupted until the account is current. A payment portal reminder screen will appear. A US $15 late fee is assessed if payment is not received by the 25 th.

 

If you cannot pay by the end of the grace period, contact Billing to arrange payment and avoid interruption. PocketiNet assesses a US $30 NSF fee for returned/failed payments.

 

You agree to pay all applicable taxes and authorize PocketiNet to charge your designated card for all amounts due. Card acceptance is subject to card-issuer limits.

 

ACCOUNT TERMINATION

 

You may terminate by written request (email, fax or US Mail) or by phone. Requests received before close of business on the 25 th are effective on the 1 st of the following month; those received after close of business on the 25 th become effective on the 1 st of the second following month.

 

Termination incurs a fee equal to 50 % of the remaining monthly fees (and any equipment-finance balance) through the end of the Agreement term. All amounts are due within 30 days; delinquent accounts go to collections.

 

PERMITTING & LANDLORD APPROVAL

 

The customer is responsible for permits or landlord approval for antenna placement. PocketiNet can assist for an additional charge.

 

USE OF MATERIAL

 

All content transmitted via PocketiNet is the customer’s sole responsibility, including any intellectual-property restrictions.

 

USE OF SERVICES

 

Resale of PocketiNet services is prohibited without prior written consent. Hosting a website or similar server services is not allowed on a residential connection and will not be supported. Use must be lawful and must not infringe on other customers.

 

Customers may not send unsolicited advertising or spam. Violation may result in immediate suspension and termination; PocketiNet’s liability is limited to a refund of unearned prepaid fees.

 

ABUSE OF SERVICES

 

Any activity that disrupts other customers—e.g., viruses, hacking, broadcasting RIP—is prohibited. Such abuse may lead to immediate termination; liability is limited to a refund of unearned prepaid fees.

 

INDEMNIFICATION / RELEASE

 

The customer agrees to indemnify and hold harmless PocketiNet (and its affiliates, employees, subcontractors, agents and successors) from any claims or losses arising from installation, use or termination of services, including access to content. This includes claims arising from PocketiNet’s negligence.

 

DISCLAIMER

 

PocketiNet assumes no responsibility for Internet content accessed via its services. Content may be offensive or illegal; use is at the customer’s own risk.

 

GOVERNING LAW AND VENUE

 

This Agreement is governed by Washington State law; exclusive venue is Walla Walla County, WA.

 

ALTERNATIVE DISPUTE RESOLUTION & ATTORNEY FEES

 

Disputes unresolved between the parties go first to mediation (within 45 days; each party shares costs), then—if necessary—to binding arbitration (AAA rules apply). The arbitrator’s decision is final; costs are shared unless the award reallocates them. A party that fails to comply with mediation/arbitration or unsuccessfully challenges an award must pay the other party’s attorney fees and costs.

 

ENTIRE AGREEMENT

 

This document is the entire Agreement. If any part is invalid, the remainder stays in force.

 

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

 

NEITHER POCKETINET NOR ANY UNDERLYING LICENSOR, EMPLOYEE, SUPPLIER OR AGENT MAKES ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. THE ENTIRE RISK OF SERVICE QUALITY IS BORNE BY YOU. SHOULD THE SERVICES PROVE DEFECTIVE, YOU—NOT POCKETINET—ASSUME THE ENTIRE COST OF ANY SERVICE OR REPAIR.

 

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT THE SERVICES ARE ERROR-FREE—EXCEPT THOSE WARRANTIES WHICH ARE IMPLIED BY LAW AND CANNOT BE EXCLUDED.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER POCKETINET NOR ITS LICENSORS, EMPLOYEES, SUPPLIERS OR AGENTS SHALL BE LIABLE FOR DIRECT, INCIDENTAL OR INDIRECT DAMAGES ARISING FROM USE OF THE SERVICES, INCLUDING LOSS OF GOODWILL, WORK STOPPAGE OR COMPUTER FAILURE, EVEN IF ADVISED OF THE POSSIBILITY, REGARDLESS OF THE LEGAL THEORY.