dsl Terms of Service
1. THE SERVICES.
bcn.net provides certain Internet based services, such as broadband connectivity and email, as well as customer support and account management services. We have agreed to provide Broadband Services to you. We may provide additional Services to you. The specific Services and speeds of those Services that will be provided to you under this Agreement are set forth in your Pricing Schedule.
The Services may be provided through or supported by a third party telecommunications provider, which retains the right to cancel or modify the Service before or after installation at its sole discretion at any time. Although pre-qualification provides a good measure of certainty regarding Service availability, it is not a guarantee of Service.
The Broadband Service is a best-effort service and circuit uptime is not guaranteed. The Broadband Services do not include a provision for credits for any down time. If you need a connection with a Service Level Agreement (SLA) that defines procedures and credits for down time, please contact us about alternative services that may be available to you, such as T1, dedicated lines, etc.
Your Internet connectivity speed will vary depending on the plan, line capabilities (e.g., loop length, line condition, gauge of copper wire and phone company provisioning), your distance from the local service provider's central office, Internet congestion, the upload and download speed of your destination server, and many other factors. The maximum speed is stated under optimal conditions and may vary significantly. Speeds are subject to a 20% overhead (e.g., 768k stated speed = 768k times 80% throughput = 614k actual speed). All circuits are provisioned at the highest attainable speed rate for their specific line and come with no minimum speed guarantees. At present, we do not cap or limit any bandwidth or downloads, but reserve the right to change this policy if we determine to do so, in our sole discretion, or if our telecommunications provider imposes such limits or requests that we impose such limits.
2. SUBSCRIBER INFORMATION AND REPRESENTATIONS.
The Broadband Service is provided either as a 'Residential Service' or 'Business Service' depending on how it is to be used. You must choose the type of service during the ordering process. By ordering Residential Services, you are representing that the Services provided to you under this Agreement will not be used substantially for business. Residential Services are intended to be used only for personal/family use and are not to be principally used by a business organization in its operations (although it is recognized that from time to time individuals may use residential Services in connection with their employment by a third party employer and such use, if not a substantial use of the Services, shall not constitute a 'Business Service'). If at any time it is determined by us that you are using the Residential Services as a "Business Service," you will be responsible to pay additional charges and fees applicable to those Services, including any termination charge that may apply if such Business Services are not available.
In ordering and using the Services, you represent that you are at least eighteen (18) years of age, have the legal capacity and authority to enter into this Agreement and affirm that any information you supply to us is correct and complete. You understand that bcn.net relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of your Service. You agree to promptly notify bcn whenever your relevant personal or billing information changes, including without limitation, your name, address, telephone number, and billing/payment account, including any applicable credit card number and/or expiration date. Your Services may be suspended and late fees or reconnect fees may apply if your payment account information expires.
3. GENERAL PRICING AND FEES.
bcn prices are shown in the applicable Pricing Schedule and you will be charged based on the Plan and Options selected during the ordering process. If you selected a "Month to Month" Plan, if available, you will initially be charged the monthly price(s) listed on the Pricing Schedule corresponding to your chosen Plan and Options. However, these monthly prices are subject to increase to bcn's general then current prices at any time. If you selected a "1 Year Contract" Plan, you are deemed an "Annual Subscriber" and will pay the monthly price(s) listed on the Pricing Schedule corresponding to your chosen Plan and Options.
4. SETUP AND ACTIVATION FEES.
If you are a month-to-month Subscriber, a non-refundable activation fee of one hundred and ninety-nine dollars ($199.00) will be charged unless otherwise stated in the applicable Pricing Schedule or Order.
5. PAYMENT, LATE FEES AND OTHER CHARGES.
Unless set forth in writing, there is no money back guarantee for any Services. There are no pro-rated refunds for unused time, including for pre-paid plans. Unless otherwise stated in the Pricing Schedule, we will invoice and charge you monthly at the beginning of each month. During your first month of Service, you will be charged on a pro-rated basis for the first partial month of Service. All payments are processed electronically, so you must provide us with a valid credit or debit card and keep such information updated. If your payment fails to process at any time during this Agreement, bcn.net may deny, discontinue or otherwise suspend your Service until full payment is received. You are still responsible for paying any applicable fees while Services are suspended due to non-payment. All accounts suspended for non-payment are subject to a twenty five dollar ($25.00) re-activation fee.
You must provide notice of any disputed charges within sixty (60) days from the date of such charge together with sufficient information and detail for us to be able to evaluate the dispute no dispute can be made with regard to such charges after expiration of such time period. Any account which goes into collection status will be transferred to a collection agency and incur a twenty-five dollar ($25.00) processing fee and other applicable fees and charges, as imposed by the collection agency. You agree to pay a twenty-five dollar ($25.00) service charge on all returned checks, disputed credit cards, and credit card chargebacks. Past due accounts will accrue a monthly charge of one and one-half percent (1.5%) of the past due balance or one dollar ($1.00), whichever is greater.
6. EQUIPMENT.
We require you to use our supplied Internet equipment (Comtrend modem) with the Services. Use of a third-party modem will not be supported. You will have the option to either (a) purchase a modem for a non-refundable fee.
Purchased equipment is warrantied from manufacturing defects for a period of one year from the date of purchase. Should a field technician or support representative determine that your modem does not function correctly and you are within one year of your modem purchase date, we will replace the modem with a comparable no cost to you other than applicable field technician dispatch fees. Purchased equipment is only warranted at the speed and location of your initial order. Should you make any changes to your account including but not limited to moving your service, upgrading your service or requiring a reconnect of your service for any reason you may be required to purchase or lease new equipment.
Depending on suppliers and availability, a modem we supply may either be a single port or multi-port modem. The modem may or may not have wireless capabilities built in. Should you wish to connect multiple computers to your Internet connection (wired or wirelessly) and your supplied modem does not come with multiple ports or wireless capabilities, you may connect a third party router to the modem. bcn does not provide support for router(s) or any third party equipment. If your router(s) or any third party equipment are not compatible with the Service it does not relinquish you from your obligations under this Agreement, and you remain responsible for monthly Service fees, Early Termination Fees and all other fees, charges and other obligations provided for in this Agreement should you choose to terminate service.
7. TERM.
This Agreement is effective as described above and shall continue until such Services are terminated by you or us pursuant to this Agreement. bcn is not responsible to notify an Annual Subscriber upon expiration of any annual plan. It is the responsibility of each Annual Subscriber to know or confirm when the applicable annual plan expires.
8. TERMINATION BY SUBSCRIBER.
You may terminate this Agreement at any time for any reason by providing BCN with thirty (30) days written notice requesting termination of Services. You are still responsible to pay all fees and other charges accrued or otherwise payable under the terms of this Agreement. The thirty (30) day period begins on the date on which BCN receives your valid written termination request. A monthly Subscriber's termination will be effective on the later of (a) the end of last day of the calendar month during which such thirty (30) day period ends (e.g., a valid written termination request received by bcn any time during January will result in termination effective at the end of February) or (b) the end of last day of the calendar month requested by the Monthly Subscriber. An Annual Subscriber's termination, if received by bcn at least thirty (30) days prior to the end of the twelve (12) month term, will be effective at the end of such twelve (12) month term, or such earlier date as the Subscriber requests, and such Annual Subscriber must pay, in addition to all fees and other charges accrued or otherwise payable under the terms of this Agreement, an early termination fee equal to the lesser amount of two hundred and fifty dollars ($250.00) or the amount that would otherwise be payable through the end of the annual plan ("Early Termination Fee"). In the event an Annual Subscriber terminates this Agreement prior to the end of the initial twelve (12) month term because of a service-related problem not caused by the Subscriber that bcn has failed to cure after what DSL Extreme determines in its sole discretion to be a reasonable amount of time based on the circumstances, the Subscriber is entitled to a waiver of the Early Termination Fee. For clarity, problems with inside wiring is not considered a service-related problem under the preceding sentence. For such waiver to apply, the reason for the waiver stated above must have occurred before termination and the Subscriber must report such reason for termination to bcn in its valid written termination request. bcn must in turn be given the opportunity to resolve the problem and the Subscriber must be willing to troubleshoot with bcn as well as be available for and authorize and pay for the dispatch of a network provider technician. bcn does not monitor Subscriber accounts for activity, and absence of activity or cancellation of a Subscriber's telephone line will never constitute a termination request with respect to the Services. A written termination request is valid only if it includes your Broadband phone number, main username, date you wish the service to be cancelled and the reason for canceling. It must be submitted to us using one of the following methods:
1. Online at http://www.bcn.net/cancel/
2. e-mail support@bcn.net
3. Via mail to:
Berkshire County Network
Attn: Cancellation Department
1 East Hoosac St.
Adams MA 01220
9. TERMINATION BY BCN.NET.
If, in our sole discretion, (a) you are in breach of any of the terms of this Agreement (including for non-payment) or the Acceptable Use Policy or any other policy incorporated herein; (b) you use the Services in a way that is prohibited by law or that is disruptive to, adversely impacts or causes a malfunction to the Service, our servers or other equipment, or the use and enjoyment of other users; (c) you act in an abusive or menacing manner when dealing with BCN's technical support staff, customer service staff or any other BCN employees or representatives; (d) we receive an order from a court to terminate your Service; or (e) BCN for any reason ceases to offer the Service, then BCN at its sole election may terminate or suspend your Service immediately without notice. For a termination in accordance with this paragraph, you remain liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, including without limitation the Early Termination Fee and equipment charges set forth herein, if applicable, provided the Early Termination Fee will not apply if we terminate the Service in accordance with subparagraph (e) for no reason or default by you.
10. TERMINATED SUBSCRIBER.
We may, in our sole discretion, refuse to accept your request or application for renewal or resubscription following a termination or suspension of your Service. If your Service is terminated for any reason, you may, upon approval by BCN, submit a new order and enter into a new Agreement and must pay a new setup or activation fee. In addition you still remain responsible for any applicable charges and fees including any applicable termination fee. Any remaining balance and fees from your original agreement must be paid prior to reconnecting service. Upon termination of your account or your use of the Service, we have the right to immediately delete all data, files and other information stored in or for your account without further notice.
11. ACTIVATION.
Unless you request otherwise, we will work to provide you the earliest available installation and activation date. Any installation date we provide to you is only an estimate and is not a guaranteed installation date. You agree that circumstances may arise which delay installation or activation and any such delay will not be considered a breach of this Agreement by BCN. Payment for your initial month's service (and if applicable: setup fees, installation fees, and equipment) must be received prior to your activation date in order for your setup instructions and IP information to be released to you. If your payment is not received by your activation or turn-on date, you will be responsible for the Service fees even though your IP and setup information has not been provided to you. Your computer must be equipped with an Ethernet Network Interface Card (NIC) for proper Broadband operation. BCN does not include a PCI NIC as part of the modem package.
12. INSTALLATION.
Self-installation, if available, allows a Subscriber to self-install the necessary equipment. This option provides service to the minimum point of entry ("MPOE") of your residence or office. Your MPOE is normally located outside your building. Inside wiring and inside wiring repair is not included with this option. If inside wiring or inside wiring repair is required, you must contract with a third party professional for such work at your own cost. Faulty inside wiring is not grounds for cancellation of your contract. Multi-line phones, phone systems, alarm system or special phone configuration may require a professional installation or special multi-line phone filters. BCN does not provide nor is responsible for any special equipment, including but not limited to a POTS splitter or multi-line phone filters. A required professional installation, need for special equipment in order to establish a connection or an incompatible phone line or phone system is not grounds for cancellation of the Services or this Agreement.
If self-installation is not available or a professional installation is required, installation personnel will need to be dispatched to your premise to complete the professional installation. A professional installation fee of one hundred ninety-nine dollars ($199.00) will apply unless otherwise stated in the applicable pricing schedule. A professional installation includes configuring the modem for service. If necessary, the technician may perform up to one hour of inside wiring work, including the installation of a new jack or new wiring for any Services. If additional inside wiring work is required, you agree to pay one hundred dollars ($100.00) per each additional hour, billed in one hour increments. DSL Extreme does not warranty any inside wiring work and engages independent contractors to perform such work. You agree that any such technician or other person dispatched to troubleshoot your line is not an employee or agent of BCN and BCN is not liable for any damages, costs or expenses relating to or arising from any acts, errors or omissions by any such technician or other person. You will be required to sign or confirm an agreement with any technician.
13. DIAL-UP SERVICE.
The Services under this Agreement do not include dial-up access. You can add dial-up access service for an additional twenty dollars ($20.00) per month. We can provide a list of locations where dial-up access is available, as it may not be available in all locations. We will not be responsible for any phone charges incurred while dialing our service. You should check with your local phone company to make sure the number you use is a local, toll-free call from your area. If you add dial-up service, it is licensed to a single account for one connection at any given time. Simultaneous logins are not allowed, and will result in suspension of your dial-up access. Dial-up service is not intended to be a dedicated line. Dedicated modems or unmonitored modems connected via dial-up service on a continuous basis are not allowed and will result in the cancellation of your dial-up access.
14. TECHNICAL SUPPORT.
BCN assumes that you have a basic understanding of your computer. BCN will not train you in basic computer skills (e.g., Opening a Web Brower and browsing the Internet). Technical support is intended to facilitate the setup of your properly functioning computer system for access to the Services. Your computer must recognize the network card, and receive network link connectivity before any technical support may be provided. Support is only available for computers running recent versions of the Macintosh or Windows operating systems. Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting modems, network cards, routers, complex network configurations or telephone lines, neither will they provide any technical assistance or support for any third party Software. BCN is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is your responsibility to initiate and be available for technical support during BCN's hours of operation. If you wish to utilize BCN's technical support, you must be available to help troubleshoot the connection or computer setup. We do not provide on-site technical support. However phone company technicians may be dispatched to troubleshoot the circuit with your approval. You are solely responsible for all charges involved with dispatching a technician to troubleshoot your line. Charges are currently one hundred fifty dollars ($150.00) per visit or truck roll, which includes one hour of work and one hundred dollar ($100.00) for each additional one hour of work billed in one hour increments. All such charges are subject to change with no prior notice. You agree that any such technician or other person dispatched to troubleshoot your line is not an employee or agent of BCN and BCN is not liable for any damages, costs or expenses relating to or arising from any acts, errors or omissions by any such technician or other person. A one hundred dollar ($100.00) fee will apply for any missed appointments, missed field technician dispatches or missed professional installation appointments.
16. EMAIL, ANTI-SPAM AND ANTI-VIRUS.
BCN provides one (1) primary email address and a limited number of additional email addresses per Subscriber account. The primary email address username is selected and reserved during the order process. All mail stored on the server for an account that has been deactivated will be automatically removed and cannot be recovered. BCN is not responsible for any lost email due to an account being deactivated. The anti-spam and anti-virus filters are services available for Subscribers. The anti-spam and anti-virus features are on by default. The anti-virus server software is a commercially available third party product designed to stop viruses before they reach your mailbox. We take no responsibility for your computer and any viruses not blocked by the software. We highly recommend using third party virus protection software that runs on your computer in addition to the anti-virus filter to better ensure virus protection. DSL Extreme takes no responsibility for legitimate virus free email that is blocked by virus software.
The anti-spam filter protection help protect clients from receiving spam in their Inbox. The spam that is filtered will be moved to a folder labeled "SPAM" and can be accessed from the webmail interface (http://www.bcn.net/webmail). Messages will be stored in the SPAM folder and can be retrieved for up to thirty (30) days. Messages thirty (30) days or older will automatically be permanently deleted by the server. It is the Subscriber's responsibility to check these messages to ensure no legitimate email was filtered. BCN is not responsible for any email messages, legitimate or not, that are filtered or deleted by the spam filtering software. BCN currently utilizes the everyone.net platform to provide mail service to Subscribers. As a Subscriber, you agree to the terms of service that are located at http://www.bcn.net/enduseremail. BCN reserves the right to change mail platforms and mail options at any time without prior notification.
17. MOVING YOUR SERVICE.
Subscribers are permitted to move their Service to a new location where dsl is available.
18. CHANGING SUBSCRIPTIONS.
You may change your plan speed at any time.
19. IP ADDRESSES.
Dynamic IP Subscriptions allow Subscribers to obtain up to 1 public IP that can change at any time. Static IP Subscriptions are available in increments of one static IP addresses at an additional cost as listed in the Pricing Schedule. Upon expiration, cancellation or termination of this Agreement, a Subscriber must relinquish any IP addresses or address blocks assigned to them by BCN. BCN may choose to assign any Subscriber on Dynamic or Static IP Subscriptions a new IP address at any time with no prior notice.
20. ACCEPTABLE USE.
You agree to use the Services in accordance withBCN's acceptable use policy ("Acceptable Use Policy") published at http://www.bcn.net/acceptable. BCN reserves the right to make changes to the Acceptable Use Policy without notice.
21. PRIVACY POLICY.
DSL Extreme will treat your personal information in accordance with BCN's privacy policy ("Privacy Policy") published at http://www.bcn.net/privacy You agree to the terms of the Privacy Policy. BCN reserves the right to make changes to the Privacy Policy without notice.
22. PORT FILTERING.
A port 25 (outgoing mail) filter is applied to all Subscribers to prevent against spam generated from our network. DSL Extreme reserves the right to block any port without prior notice to protect the network and its Subscribers from potential virus attacks spreading over a certain port.
23. WARRANTIES AND LIMITATIONS OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED BY BCN HEREUNDER AND IN CONNECTION WITH THE SERVICES IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY BCN (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT), BCN (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY DSL EXTREME OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF DSL EXTREME TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
BCN DOES NOT WARRANT OR GUARANTEE THAT BCN BROADBAND SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF BCN HAS ACCEPTED YOUR ORDER FOR BROADBAND SERVICE. THE PROVISIONING OF BROADBAND SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR DSL EXTREME SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY DSL EXTREME -PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT).
BCN DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY BCN WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. BCN SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. BCN MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. BCN MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
IN NO EVENT SHALL BCN (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF BCN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO BCN'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH BCN (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), DSL EXTREME'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
BCN RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS BCN (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING BCN (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF BCN (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.
24. LINKS.
DSL Extreme or third parties may provide links to websites other than http://www.bcn.net. Because BCN has no control over such websites, you acknowledge and agree that BCN is not responsible for the availability of such external sites or links and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that DSL Extreme will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
25. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless BCN from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement or the Acceptable Use Policy by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, any software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, the Software, the Equipment or the Internet.
26. REVISIONS.
BCN may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revisions to our website at http://www.bcn.net/terms. Subscribers agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Increases to the monthly price of the Service for Monthly subscribers shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Service after revisions are in effect, a Subscriber accepts and agrees to the revisions and to abide by them. Any Subscriber who does not agree to the revision(s) must terminate their Service immediately.
27. ASSIGNMENT.
You agree not to assign or otherwise transfer this Agreement in whole or in part. Any attempt to do so shall be void. BCN may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.
28. CHOICE OF LAW.
You and DSL Extreme agree that the substantive laws of the State of Massachusetts, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND BCN CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN BERKSHIRE COUNTY, MASSACHUSETTS FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including Massachusetts laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
29. COMPLIANCE.
BCN's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
30. THINGS BEYOND BCN'S CONTROL.
BCN will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
31. ENTIRE AGREEMENT.
This Agreement, including all policies posted on bcn's website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and bcn with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
32. NOTICE.
Notices by bcn to you shall be deemed given: (a) when sent to your email address, (b) when deposited in the United States mail addressed to you at the address you have specified in your account options or (c) when hand delivered to your home, as applicable.
33. SURVIVAL.
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
Additional.
Terms of Service TERMS OF SERVICE —- OVERVIEW This website is operated by Berkshire County Network. Throughout the site, the terms “we”, “us” and “our” refer to Berkshire County Network.. Berkshire County Network. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. SECTION 1 – ONLINE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. SECTION 2 – GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. SECTION 5 – PRODUCTS OR SERVICES Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy. SECTION 7 – OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. SECTION 8 – THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. SECTION 10 – PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. SECTION 12 – PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Berkshire County Network., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. SECTION 14 – INDEMNIFICATION You agree to indemnify, defend and hold harmless Berkshire County Network. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. SECTION 15 – SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. SECTION 16 – TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). SECTION 17 – REFUND POLICY Return & Refund Policy Thanks for shopping with Berkshire County Network. If you are not entirely satisfied with your purchase, we’re here to help. Returns – You have 30 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase. Refunds – Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within 30 days, depending on your card issuer’s policies. Shipping – You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Contact Us If you have any questions on how to return your item to us, contact us @ 413-743-1111 or support@bcn.net. SECTION 18 – ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. SECTION 19 – GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Massachusetts, United States. SECTION 20 – CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. SECTION 21 – CONTACT INFORMATION Questions about the Terms of Service should be sent to us at support@bcn.net.
