2845 Canal Drive
AGREEMENT FOR WIRELESS INTERNET ACCESS
This WIRELESS DEDICATED ACCESS AGREEMENT (the “agreement”)
is entered into this __________day of ________________month ________year,
Avolve, Incorporated and
- Avolve, Inc. will provide subscriber a shared
Internet connection for full use up to a transfer limit of
_____ gig per month, a up to top download speed of ____ and up to a upload
speed of _______ depending on the package with which subscribed.
Avolve, Inc. reserves the
right to establish incremental service charges for use of its services
exceeding stated thresholds as set forth, from time to time. These service charges may be posted on
the Avolve Guide Page. Said usage
charges will be billed in arrears.
- Subscriber agrees to a 1 (one) year service
commitment in which initial payment constitutes agreement to this contract
- Avolve, Inc. solely, shall hold all authentication
- Avolve, Inc. is NOT responsible or liable for any
of the following;
Any obstructions that might be erected or grow between subscribers antenna and
Avolve, Inc.’s antenna causing degradation or loss of service
Lightning or power surge
Debris or ice on
hardware and/or software in a different computer after installation
Re-configuration of network settings due to, but not limited to: tampering or
re-installation of operating system
computer contracting a virus or SpyWare from any source
- I understand that installation fees are
non-refundable, due at time of installation and the contract will have a 30
day grace period.
- I understand that tree leaves hold water, they
absorb signal and that may degrade or disrupt my signal. I may require extra hardware and setup
at that time. Avolve, Inc. shall
not be held liable for any changes, nor will I be entitled to any type of
- This agreement shall automatically be renewed for
a successive 1 (one) year term unless terminated by either party, one month
prior to the expiration date.
Avolve, Inc. reserves the
right to change it’s rates for any renewal term by notifying subscriber at
least 30 days in advance of the agreement expiration date.
- This agreement does not include equipment other
than the wireless antenna equipment and mounting hardware which will be
provided by Avolve, Inc. for which Avolve will maintain ownership.
- Subscriber will be invoiced monthly, in advance
for services. All payments are due
within 5 days after the date of such invoices. Subscriber’s account(s) may be temporarily disabled until
full payment is received. A $15.00
reconnect fee will be assessed on all disabled accounts. Returned checks will be charged a fee
- If Avolve, Inc. terminates subscriber for
violation of unlawful practices or inappropriate materials, subscriber
shall pay, immediately, a lump sum equal to the charges of the remainder
of the one-year term of the agreement. If subscriber wishes to terminate
the contract, a lump sum equal to the monthly charges of the remainder of the
one-year term of the agreement, shall be paid to Avolve, Inc.
- Subscriber acknowledges that the Internet is not
owned, operated or managed by Avolve, Inc. or any of it’s affiliates and
that it is a separate network of computers independent of Avolve,
Inc. Subscribers use of the
internet is solely at subscribers own risk and is subject to all applicable
local, state, national and international laws and regulations. Access to the Internet is dependent on
numerous factors, technologies and systems, many of which are beyond
Avolve, Inc.’s authority and control.
- Avolve, Inc.’s network can only be used for lawful
purposes. The transmission of any
material in violation of any local, state, national or international law
or regulation is prohibited. This
includes, but not limited to, copyrighted material, material judged to be
threatening or obscene, material protected by trade secret or material
that is otherwise deemed to be proprietary or judged unfit by Avolve, Inc.
- Subscribers shall not establish Internet servers
of any kind, Including without limitation, Web, E-mail, Games, FTP, or the
like, without prior written authorization and pricing agreement from
- Avolve, Inc. specifically disclaims any
responsibility for the accuracy or quality of information obtained through
the Internet. Avolve, Inc. makes
no warranties, expressed or implied, including, but not limited to, loss
of data or financial loss resulting from delays, non-deliveries,
miss-deliveries or service interruption however caused.
- Routine maintenance and periodic system repairs,
upgrades and reconfigurations, acts of God, mechanical or electronic
breakdowns may result in temporary service impairment or interruption of
service. Avolve, Inc. does not
guarantee continuous or uninterrupted service. Subscriber holds Avolve, Incorporation, it’s directors,
officers and employees harmless from any and all obligations, charges,
claims, liabilities, costs and fees incurred as the result of service
interruption or loss of service.
- Subscriber shall indemnify Avolve, Inc. and
affiliates from any and all claims and expenses arising from subscribers'
breach of any provision of this agreement.
- In the event of litigation, both parties agree
that the law of Ohio shall apply and both parties agree to have its venue
in Fairfield County, Ohio.
- This agreement represents the complete understanding
between Avolve, Incorporated and subscriber as to the subject matter
hereof, and supersedes all prior written or oral negotiations,
representations, guarantees, warrantees or promises.