Terms & Conditions for Residential Services
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Towerstream I, Inc., a Delaware corporation (“Company”, “we”, “us”, or “our”), concerning your access to and use of the fixed wireless services provided to you as well as all equipment and services related to the equipment to provide the services to you and other customers of the Company (the “Services”). You agree by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE IMMEDIATELY.
Payment: Please Pay invoice within 2 days of receipt to avoid service interruption.
Term: At the end of service period listed, this Agreement will automatically renew for consecutive monthly terms at the same monthly rate. 30 days’ notice is required to terminate service. Service termination will occur on the billing date.
Acceptable Use: Customer agrees to use the Service in accordance with all applicable laws and as stated on our website at https://towerstream.com/acceptable_use_policy/. Customer is solely responsible for all content transmitted using the Service or the Equipment and shall not use the Service or the Equipment in ways that could be harmful, damaging, or cause interference to Towerstream’s network or to others. Specifically, Customer shall not use the Service or Equipment to communicate harassing, threatening, defamatory, pornographic, or obscene material or messages; to send or broadcast unsolicited commercial messages; to infringe copyrights, patents, or other intellectual property; to attempt to gain unauthorized or illegal entry to other’s computer systems; or to transmit any virus, worm, or other malicious or potentially damaging code. Towerstream Internet reserves the unilateral right to suspend or terminate the Service to any account engaging in such activities.
Service Call Policy: If any support issue cannot be resolved via telephone or email, Towerstream will send out a technician to the Service Location to diagnose the problem. If the problem is found to be with the Van Equipment or setup of the Equipment, Towerstream will repair, replace, or fix the Equipment at no charge to the Customer. If the problem is not due to Towerstream’s equipment or the setup of the equipment by Towerstream, then the Customer is responsible for customer equipment. Customer understands and agrees that Towerstream is not responsible for repairing, setting up or configuring any customer- owned hardware, equipment, or software (“Customer’s Equipment”) to make Customer’s equipment work with the Service.
Server Policy: No Servers Allowed: Towerstream does not allow the Customer to run servers of any kind without written permission from Towerstream. This includes but is not limited to FTP, WWW, Email, File sharing, Peer to Peer software or any other software or server which provides files, videos, music, or data to others in an automated and unattended fashion. If Customer is found running servers without Towerstream’s permission, Towerstream will, without notice, have the Service severely limited in speed and number of allowed connections.
Equipment Policy: Customer acknowledges and agrees that all installed Equipment remains the property of Towerstream. The Equipment supplied by Towerstream under this Agreement is, and shall remain the exclusive property of Towerstream, and must be returned to Towerstream in good and working condition upon the termination or expiration of this Agreement or the termination or disconnection of the Service. 30 Days cancellation notice must be given. Customer must use reasonable care to avoid damaging the Equipment, and agrees not to alter, modify, sell, license, assign, encumber, relocate, move, or tamper with the Equipment. Upon termination of this Agreement or the Service, Towerstream will remove all Equipment at no charge to Customer.
Installation Policy: Customer acknowledges and agrees that certain permanent alterations need to be made to the Service Location to accommodate use of the Service at the Service Location, including, but not limited to, holes in the walls, installation of mounting brackets, wiring and wiring enclosures, roof and shingle alterations. Customer agrees that any custom installation that Customer requests, including, but not limited to, placing cable inside interior walls, moldings, or cabinets or under carpets, may result in additional charges. Customer hereby indemnifies and holds Towerstream harmless from and against all damages or liability, to Customer, any other party or to the Service Location that may arise from any necessary alterations related to the installation of the Equipment at the Service Location.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER, RESULTING FROM, ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY INCIDENT TO ANY ACT OR OMISSION OF EITHER PARTY RELATED TO THE PROVISIONS OF THIS AGREEMENT OR THE EQUIPMENT, IRRESPECTIVE OF WHETHER CLAIMS OR ACTIONS FOR SUCH DAMAGES ARE BASED UPON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY AT LAW OR EQUITY.