Usage of the freedomNET service constitutes your acceptance to the
following terms of service. The terms of service may be updated at
any time and the following Agreement supersedes any previous agreements.
1.
PARTIES: This Internet access agreement, hereinafter, referred to as
“Agreement” is entered into by and between the individual or organization
logging on to the freedomNET network, hereinafter, referred to as “You”
and/or “Your” and freedomNET.net of Union City, Indiana, hereinafter,
referred to as “freedomNET”.
2.
UNLIMITED USAGE ACCOUNTS: Most freedomNET accounts are commonly
referred to as "unlimited access" accounts. These accounts are better
described as "unlimited interactive", or "unmetered". You may stay
connected to freedomNET for as long as you like, but only if you are
using the system or its connection to the Internet interactively.
freedomNET reserves the right to terminate any connection that is
suspected to be non-interactive. freedomNET uses an inactivity timer
to detect lines that are inactive. "Inactivity" is currently defined
as twenty (20) consecutive minutes of lack of network traffic. freedomNET
also has implemented an eight (8) hour session limit for it's accounts.
After eight (8) consecutive hours of connection, the connection will be
dropped. You are free to reconnect at any time after the dropped
connection. This is to avoid "parking" of lines. All SOHO and large
office accounts are “always on” and will not be disconnected for inactivity.
3.
WIRELESS INSTALLATION: Each new service activation will be provided a
basic installation at a one-time cost of eighty-five dollars ($85) plus a
radio programming fee of twenty-five dollars ($25). The installation will be
provided at the time and date listed on the sign-up sheet. Basic installation
consists of the following: mounting of freedomNET antenna to existing mast, television
tower or other suitable object; running of outdoor data cable, up to twenty-five
(25) feet, to connect antenna and freedomNET indoor converter; running of indoor
data cable, up to ten (10) feet from freedomNET indoor converter to router or
computer; and setup of Internet and email on one (1) computer. Services provided
in addition to the basic installation will be done so on a charged basis of materials
plus fifty-five dollars ($55) per hour. Additional services may include but are not
limited to; data cable lengths greater than those stated above, setup of Internet
and/or email on more than one (1) computer, installation of network cards, provision
of mast or mounting pole, and setup and installation of a router.
4.
SERVICE: freedomNET will provide services upon completion of the
installation appointment if wireless or DSL or as set forth on the sign-up sheet.
Service is charged for based on the type of customer and the desired bandwidth. Service
type as listed on the sign-up sheet shall be defined as follows:
Residential Service –
service provided to individuals, based on no more than three (3) workstations;
SOHO
Service – service provided to small office and home office customers, based on no more
than eight (8) workstations;
Large Office Service – service provided to larger
offices, based on unlimited workstations. All freedomNET accounts are asynchronous.
5.
SERVICE OPTIONS: The service options offered by freedomNET shall be
defined as follows:
Equipment Assurance Plan – the equipment that is on loan to You for
Internet access has a value of five hundred dollars ($500). In the event that this
equipment fails, You would be responsible for the repair or replacement of the equipment.
The assurance plan provides You with the peace of mind that if there is a problem,
the equipment will be replaced by freedomNET at a cost of only fifty dollars ($50);
Spam & Virus Filtering – adds [SPAM] to the subject line of unwanted / un-requested
email before delivery and removes virus infected email from our server before it reaches
You;
Content Filter – allows You to filter out offensive websites and content using a
database of known offensive sites. The service has it’s own user name and password so
that it can be bypassed or modified by You at any time;
Usage Log Level 1 – freedomNET
will send a monthly report to the primary email address that shows all the log in and log
out times on the account for the previous month;
Usage Log Level 2 – freedomNET will
send a monthly report to the primary email address that shows all the log in and log out
times during the previous month on the account AND a list of all websites that were
visited during the previous month on the account;
Static IP Address – in some cases
You may want to have an IP address that does not change, for example, You have a salesman
that uses Virtual Private Networking to place orders and look at inventory from on the
road. When the salesman reconnects to the office each day he does not have to call first
and get the IP address. This option provides an IP address that remains the same all the time.
6.
TERM OF AGREEMENT: This Agreement shall commence with the initial connection
of Your equipment to the freedomNET server and shall remain in effect for a period of twenty-four
(24) months. This Agreement shall automatically renew on a monthly basis after the expiration of
the initial period unless ended by either party upon thirty (30) days prior written notice received
at the address listed on the sign-up sheet, if by freedomNET, or at PO Box 341, Union City, Indiana,
if by You.
7.
CHARGES: The charges for freedomNET services are due and payable as outlined
under section 8 – Payment Methods. The amount due for the month that service is started will
be prorated from the installation date through the 1st of the following month. freedomNET
reserves the right to change prices with ten (10) days notice. If You feel a billing or charge
error has occurred, notify the billing department at
billing@freedomnet.net within ninety (90)
days of the date of the error. freedomNET will not make any adjustments for errors not reported
within ninety (90) days.
8.
PAYMENT METHODS: The payment methods for freedomNET services shall be defined as
follows:
Invoice – freedomNET will send an invoice to You via email on the 15th of the month for the
next months service. By selecting this method of payment, You will be charged an additional service
fee of three dollars ($3) per month. Payment is due in our office by the 1st of the month. Payments
not received by the 1st of the month will be charged a late fee of five dollars ($5) and may have
service suspended;
Checking (ACH) – freedomNET will automatically deduct the amount due from
the bank account listed on the sign-up sheet on the first day of the month for that month of service;
Visa/MasterCard and Discover - freedomNET will automatically charge the amount due to the credit
card account listed on the sign-up sheet on the first day of the month for that month of service. It
is the responsibility of You to provide any updated information for account numbers in the event of a
change. Failure to do so may result in a service charge of five dollars ($5). There will be no refunds
for partial months or months not used.
9.
PAYMENT FAILURE: Any accounts whose payment is not received by the 1st of the month will be charged
a late fee of five dollars ($5) and may have service suspended. Accounts more than ten (10) days past the
due date as set forth on the invoice shall be moved to cancellation status as outlined in
section 11 – Cancellation.
10.
WIRELESS EQUIPMENT OWNERSHIP: During installation, You will receive an antenna
mounted outside of the house or business and attached to a small device inside that in turn hooks
to the computer or router. The equipment has a value of five hundred dollars ($500). The equipment
remains the property of freedomNET and is only on loan to You. In the event that service is terminated
either by freedomNET or by You, the equipment must be returned in working order. If the equipment is
not returned or is not in working order, You will be charged five hundred dollars ($500) for the equipment.
Payment will be collected by the same means as the monthly payment as outlined on the sign-up sheet.
11.
CANCELLATION: Under the terms of this Agreement, You are committing to a twenty-four (24) month
contract. In the event that service is terminated either by freedomNET or by You, before the twenty-four (24) month
period has ended, You will be charged an early termination fee of four hundred dollars ($400). Payment will be
collected by the same means as the monthly payment as outlined on the sign-up sheet. This termination fee may be
waived by freedomNET in certain circumstances such as a death. freedomNET maintains the right to make the final
decision as to waive the termination fee or not.
12.
CONTACT INFORMATION: In the event You need to reach freedomNET outside the scope
of this Agreement, the following information is provided herein: Address: freedomNET.net, PO Box 341, Union City,
Indiana 47390. Phone: 765-964-7949. Fax: 765-964-7949. Email:
sales@freedomnet.net,
billing@freedomnet.net. Company Internet web site:
http://www.freedomnet.net/. Customer service hours are;
9:00 AM to 5:00 PM Monday through Friday, and 9:00 AM to 12:00 PM on Saturday; Closed Sunday. All times are Indiana time.
13.
BOUNCED PAYMENTS: It is understood by You that any bounced payments (whether by check or ACH) for
services rendered by freedomNET will be assessed an additional charge of ten dollars ($10).
14.
TERMINATION: Items deemed as grounds for termination by freedomNET include, but are not limited to,
the following: trying to gain access to system areas private to freedomNET or other users; sending mass, unsolicited
e-mailings (i.e. SPAM) to users of the freedomNET system and/or other systems; use of personal home page space for
commercial purposes, storage of MP3 files, or to display pages with commercial intent without prior written approval
from freedomNET; using freedomNET‘s system for anything that might be unlawful; submitting material for publication
or storage on freedomNET‘s equipment that may violate or infringe any law, proprietary rights of others, or contain
anything obscene or libelous; failure to make monthly payment(s) by the due date.
15.
LEGAL OPTIONS: You authorize freedomNET to refer Your account, if past due, to attorney’s and/or
collection agencies for further action. If collection action is taken, You agree to reimburse freedomNET for any and
all reasonable attorney fees, collection costs, court costs, and any other costs and fees including collection
agency fees.
16.
SERVICE / SERVICE OPTIONS WARRANTIES: While every effort will be made to maintain the freedomNET network,
freedomNET does not guarantee and is not liable for any service outages that may occur due to equipment failure, acts
of God, or causes beyond the control of freedomNET. If You require access at all times for business purposes, it is
the responsibility of You to have a backup in place should freedomNET service go down. In the event freedomNET wireless
service is interrupted for an extended period of time, freedomNET will provide temporary dial-up accounts for Internet
access. Spam filtering, virus scanning, and content filtering are provided by third party software installed on our
servers. In the event that Spam, unwanted content, and/or viruses are not stopped and are passed on to You, freedomNET
will not be liable for any damages, loss of productivity, loss of time, etc, incurred by You.
17.
CREDITS / REFUNDS: If You feel a credit or refund is due You, notify the billing department at
billing@freedomnet.net within sixty (60) days of the date of the occurrence.
Include the dates in question, reason, and amount requested. freedomNET will review and respond to your request within
three (3) business days. In the event a refund is granted, freedomNET will issue a check for the refund amount regardless
of the original payment method. freedomNET will not make any adjustments for errors not reported within sixty (60) days.
18.
DISCLAIMERS: Neither freedomNET nor its information providers are responsible for any damages arising
from Your use of freedomNET or by Your inability to use the freedomNET service. freedomNET’s obligations as outlined in
this Agreement are in lieu of all warranties, expressed or implied. freedomNET or any of it’s partners or agents will not
be liable for special, indirect, or consequential damages, arising out of or in connection with this Agreement or the services
provided herein. freedomNET reserves the right to change without notice the freedomNET service, including, but not limited
to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered. You are
responsible for charges at the time the service is used and freedomNET may apply the amount due at any time. Any use of
freedomNET services constitutes acceptance of this agreement.
19.
PRIVACY: freedomNET offers private electronic mail (e-mail) on our system as a service to our
subscribers. We will endeavor to keep all of Your electronic mail, private, viewable only by You and the person
to whom you address it, except: We, as system operators, may need to look at Your electronic mail if we believe
it is necessary to protect ourselves or other users from injury or damage. For example, if we have reason to believe
a user is involved in unlawful activities, which creates any risk that the authorities could seize our system, we will
review his or her electronic mail for our own protection. We will not, however, monitor electronic mail unless we
believe it is being misused. freedomNET will not deliberately disclose electronic mail to other users. If we believe
certain electronic mail is connected with unlawful activities, we may disclose it to the authorities to protect our
system, ourselves and other users. Remember that the person to whom you send electronic mail does not need to keep it
secret. The sender or receiver of the electronic mail has the right to make it public. If the authorities ever search
or seize our system, they may gain access to Your private electronic mail. In that case, we cannot assure they will not
review it. Remember that you have personal rights of privacy that even the government cannot legally violate, though you
may have to go to court to enforce those rights. Except as expressly provided herein or as required by law, freedomNET
will not disclose the contents of private electronic mail to anyone other than addressees, authorized recipients, or
those to whom such disclosure is necessary to assure forwarding or delivery.
20.
OUR RELATIONSHIP TO THE INTERNET: The Internet is comprised of millions of computers and
computer networks that are interconnected in various ways. freedomNET merely acts as a window into a world, what
you see through our window is not under our control. Electronic mail travels from computer to computer in a path
that eventually leads to the destination address. We have no control over that message once it has been forwarded
to another system for delivery. Accordingly, we have no control over the content of messages posted by users of other
computer networks on the Internet. Some users may find the content of some newsgroups or websites to be objectionable.
You acknowledge that we are not responsible for the content of messages that You find on the Internet or any access of
email on it’s way to it’s destination.