GiGstreem Terms and Conditions of Sale of Residential Internet Services
- Internet Service. GiGstreem hereby agrees to provide the internet services you select in the associated Service Agreement (the “Services”) and you hereby agree to pay for such Services in accordance with this Agreement.
- Term and Termination. The Agreement will commence as of the Effective Date and shall continue in effect for one (one) month from the Service Start Date (the “Initial Term”) unless earlier terminated in accordance with this Agreement. At the end of the Initial Term the Agreement will be automatically renewed for successive monthly periods (each a “Renewal Term” and, combined with the Initial Term, the “Term”) until terminated in accordance with this Agreement. During the Initial Term and any Renewal Term, either party may terminate this Agreement upon written notice to the other and such termination shall be at the end of the subsequent Billing Period. GiGstreem may terminate this Agreement immediately if GiGstreem determines, in its sole discretion, that you use, or have allowed others to use (or have used) the Services in violation of any applicable law or in violation of this Agreement. No termination shall affect the rights and obligations of the parties with respect to payment of all unpaid fees for Services due and payable through the end of the then-current term. A “Billing Period” shall consist of one month beginning on the same numerical date as the Service Start Date and ending on the date before the same date of the subsequent month.
- Payment. You agree to pay in advance, each month, the monthly fee for Services to be provided as identified on the Service Agreement. You also agree to provide GiGstreem and/or its authorized credit card processor (“Processor”) with a credit card number from a credit card issuer acceptable to GiGstreem and further authorize GiGstreem and/or the Processor to charge and/or place a hold on your credit card with respect to any Cancellation Fee, any unpaid charges, and any other amounts due as a result of GiGstreem’s provision of Services to you and/or damage to the Equipment for which you are responsible under this Agreement. You authorize GiGstreem and/or the Processor to direct your credit card issuer to pay, and authorize your credit card issuer to pay, any amounts described herein without requiring a signed receipt, and you agree that this Agreement shall be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize GiGstreem and/or the Processor to continue to attempt to charge and/or place holds with respect to all amounts described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide GiGstreem and/or the Processor with updated credit card information upon the request of GiGstreem and any time the information you previously provided is no longer valid. You acknowledge and agree that GiGstreem will have no liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. When payment is made by credit card or debit card,
payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit or debit card, as applicable, we may charge you an additional fee.
- Installation and Equipment
4.1. Equipment. Other than the equipment provided to you by GiGstreem for use with the Services (the “Equipment”), You shall provide all equipment and/or devices needed to receive the Services. You acknowledge and agree that the Equipment was delivered by GiGstreem in good working order and that GiGstreem is the sole owner of the Equipment. Any damage to the Equipment resulting from your intentional acts, negligence, or use not in accordance with this Agreement shall be your sole responsibility and you agree that you shall be liable for the cost of the repair or replacement of the Equipment.
4.2. Installation. After you execute this Agreement, GiGstreem will contact you to establish a date to install any Equipment in order to provide the Services (the “Installation Date”). Ordinarily, the Services will begin on the Installation Date. However, on occasion, Services may not be available on the Installation Date due to technical reasons. The date on which the Services actually begin shall be known as the “Service Start Date”. You will provide GiGstreem and/or its contractors with reasonable access to your premises in order to install and maintain the Services. You understand and agree that GiGstreem may cut, drill, and otherwise alter the premises in order to install the Equipment and/or provide the Services. If you do not own your premises, you hereby represent and warrant that you have obtained any required permissions to install the Equipment.
4.3. Equipment Return. You agree to return all Equipment to GiGstreem, undamaged, within thirty (30) days of the termination of the Agreement. If you fail to return the Equipment in accordance with this Section 4.3 you will be charged automatically for the full equipment price of Two Hundred Ninety-Five Dollars ($295.00) and you hereby expressly agree to such charge being made to your credit or debit card account.
- Restrictions on Use.
5.1. No Resale. The Services are provided for your use only and you agree not to, whether for a fee or without charge, reproduce, duplicate, copy, sell, transfer, trade, resell, re-provision, redistribute, or rent the Services, any portion of the Services, use of the Services, or access to the Services, including, but not limited to, reselling capabilities enabled or used by a specific application (including, without limitation, Voice Over Internet Protocol (VOIP) via wired, wireless, or other means. For example, you agree that the Services are not to be used to trunk or facilitate public internet access (“hotspots”) or any other public use of the Services, or for any high-volume purpose. All aspects of the Services, except any portions provided by third party providers, are the property of GiGstreem.
5.2. No Violation of Law. You agree that the Services provided to you and your household shall be used at all times in compliance with all federal, state, and local laws, ordinances, regulations, and orders applicable to this Agreement and the use of the Services provided hereunder.
5.3. Copyright Infringement. You may not infringe, publish, submit, copy, upload, download, post, transmit, reproduce, or distribute any content (including but not limited to software, video or audio content) or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity), or other proprietary right of any party (the “Content”) unless you own or control such rights or have received the necessary consent to do the applicable act. GiGstreem shall not be liable or responsible in any way for any claim or determination that any Content infringes in any way upon the rights of another. GiGstreem respects the intellectual property rights of others. Therefore, GiGstreem may limit, suspend or terminate the Services at any time with or without notice to you if GiGstreem believes, in its sole discretion, that you use the Services to repeatedly infringe the intellectual property rights of others. If you believe the copyright to your work has been infringed in connection with a GiGstreem service, please contact GiGstreem at [email protected].
5.4. General Management. GiGstreem expressly reserves the right to perform reasonable network management activities and to protect the Services from harm, degraded performance, or uses of the Services that may impair other customers’ use of GiGstreem’s services.
- Security. You acknowledge and agree that when using the Services to access the internet or other online network there are certain risks, including the possibility that other internet users may gain access to or use the Equipment, your computer, or other devices. You are responsible for taking all appropriate security measures when using the Services. You assume sole responsibility for your computer and other devices used in conjunction with the Services and for providing and configuring any security measures for use with the Services to prevent damage from viruses, malware, or other similar malicious items and to prevent unauthorized access to the Services. You shall be solely responsible for the effectiveness of these security measures. GiGstreem does not
warrant that others will be unable to gain access to your computer or other devices and associated data even if you utilize security measures, nor does GiGstreem warrant that the data or files will be free from computer viruses or other malicious items. GiGstreem has no responsibility and assumes no liability for the protections you may employ nor for any damages that may arise from accessing the internet. You agree that you will not permit or enable any use of the Services through your account or passwords by any person not a member of your household. You are responsible for any misuse of the Services that occurs through your account whether by a member of your household or by an unauthorized third-party.
- Disclaimer. 7.1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTIES OR GUARANTIES OF ANY KIND ARE PROVIDED. GIGSTREEM AND ITS OFFICERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FAIRNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO WARRANTY SHALL BE IMPLIED BY A COURSE OF PERFORMANCE, DEALING, OR USE. YOU UNDERSTAND THAT YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE EQUIPMENT AND YOU SHALL BE RESPONSIBLE FOR THE ENTIRE COST OF ANY REPAIR AND ANY REPLACEMENT NEEDED.
7.2. GIGSTREEM AND ITS OFFICERS, EMPLOYEES, AND AGENTS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATION, (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED AND (vi) THE SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVISES OF HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OBTAINED IN ANY WAY THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE, SUPPORT, OR OTHER INFORMATION, NO MATTER HOW IT MAY BE CONVEYED, FROM GIGSTREEM TO YOU SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability. GIGSTREEM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THE SERVICES AND EQUIPMENT, OR ANY BREACH BY GIGSTREEM OF ANY OBLIGATION STATED HEREIN, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICES OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY GIGSTREEM TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER GIGSTREEM NOR ITS OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GIGSTREEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES AND/OR THE EQUIPMENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (v) FAILURE TO INSURE THE COMPATIBILITY OF YOUR SYSTEM (INCLUDING THE EQUIPMENT, DEVICES, AND SOFTWARE THAT YOU PROVIDE TO RECEIVE THE SERVICES) WITH THE SERVICES; (vi) ANY OTHER MATTER RELATING TO THE SERVICES.
9.1. You agree to indemnify, defend, and hold GiGstreem, and its officers, employees, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party relating to or arising out of content you submit, post, transmit, or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of this Agreement, or your violation of any rights of another.
9.2. You acknowledge that you are responsible for all use of the Services using your account, and that this Agreement applies to any and all usage of the Services through your account. You agree to abide by these terms and you agree to defend, hold harmless, and indemnify GiGstreem from and against any and all claims stemming from usage of your account whether or not such usage is expressly authorized by you.
10.1. Assignment. You may not assign this Agreement or the Services without GiGstreem’s prior written consent. GiGstreem may assign all or part of its rights or duties under this Agreement at any time.
10.2. Notice. Any notice required or given by either party shall be made in writing and shall be deemed delivered on the date received if delivered personally, one day after prepaid deposit with any nationally-recognized overnight delivery service, or three days after the date postmarked if sent postage prepaid by registered or certified mail, return receipt requested, to the following addresses: If to Customer, the then-current mailing address on file with GiGstreem; if to GiGstreem, 1775 Tysons Blvd, 5th Floor, McLean, VA 22102 with a copy by email to [email protected].
10.3. Compliance with Law. GiGstreem shall comply with all applicable laws, rules, and regulations when providing the Services.
10.4. Governing Law. This Agreement shall be governed in all respects by the laws of the Commonwealth of Virginia without regard to principles of conflicts of laws.
10.5. Waiver, Severability, and Modification. The waiver of a breach of this Agreement shall not operate as a waiver of any subsequent breach. No failure by GiGstreem to enforce any of its rights under this Agreement shall be construed as a waiver of any or all of such rights. The invalidity or unenforceability of any provision herein shall not affect the validity or enforceability of any other provision. Any modifications to this Agreement must be in writing and signed by both parties.
10.6. Survival. Sections 2, 3, 8, 9, and 10 shall survive the termination of this Agreement.
10.7. Counterparts and Execution. This Agreement may be executed in any number of counterparts, each of which when executed and delivered, shall constitute an original, but all of which together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Transmission by fax or by electronic mail of an executed counterpart of this Agreement shall be deemed to constitute due and sufficient delivery of such counterpart. This Agreement may not be denied legal effect or enforceability solely because it is in electronic form, or because an electronic signature or electronic record was used in its formation.