1. AGREEMENT. This is an agreement between Vortex Wireless (“VW”) a division of Holt Enterprises, LLC and the customer (“Subscriber”) to provide wireless Internet Service (“the Service”). By establishing an account or using the Service or equipment, Subscriber agrees to be bound by this Agreement and to use the Service in compliance with VW’s Acceptable Usage Policy which is available by going to www.VortexWireless.com.
2. TERM. The term of this Agreement is for an initial term of twelve (24) months
This Agreement will automatically renew on a month-to-month basis after the end of the initial term unless Subscriber notifies VW of intent to cancel service in writing, no less than thirty (30) days in advance of the expiration of the current term. VW reserves the right to change the price of the Service at any time with 30 days notice. Prices for other VW services may change at any time upon 30 days notice and will be posted on the VW homepage: www.VortexWireless.com. Current rates may also be obtained by calling (270) 866-9477.
3. THE SERVICE. The Service can vary depending on location, Internet traffic, CPU speed, operating system configuration and other factors beyond the control of VW. VW provides the service on a “best effort” basis and does not guarantee estimated upload and download speeds. In order to receive VW Service Subscriber must be located near an VW transmitter. Trees, buildings, etc. may interfere with VW signals and affect a home or business, but not other nearby locations.
4. CANCELLATION. If Subscriber is dissatisfied with the Service or any associated terms, conditions, rules, policies, guidelines, or practices, Subscriber’s sole remedy is to discontinue use of the Service, cancel their account, and pay any cancellation fees that apply. Termination of the Service does not release Subscriber from liability for charges due under this Agreement. If Subscriber chooses to terminate this Agreement before the expiration of the then current term, Subscriber will be liable for an early termination fee of $150.00. This represents a reasonable amount to compensate VW for installation and VW provided equipment. If VW provides equipment for use in connection with our Service, all equipment must be returned in good condition or damage/loss charges may apply. Cancellation of the Service after the order date and before installation of equipment will not result in a charge, provided that all VW owned equipment is returned within thirty (30) days of cancellation. Cancellation request must be mailed to VW at Post Office Box 429, Russell Springs, KY 42642. Cancellation will be effective at the end of the billing period during which notice of cancellation is received. Upon cancellation, all services will be terminated and any Subscriber data stored on VW servers will be deleted. VW may terminate this Agreement, the password, the account, or use of Services for any reason, including but not limited to: violation of this Agreement; failure to pay service charges when due; any illegal activity involving the Service. Termination notice will be sent by email and by U.S. Mail to the address provided at Service initiation. All notices to Subscriber shall be deemed effective on the first (1st) day following the date of the email or on fourth (4th) day following the date of the mailing. Sections 1, 4,6,10, 11 and 12 of this Agreement shall survive termination of this Agreement.
5. ACCOUNT REQUIREMENTS.
In order to receive the Service:
You must be at least 18 years old and provide a valid credit card.
You must use VW specified hardware including a outdoor subscriber unit antenna if needed.
Your location must be within VW’s coverage area.
6. PAYMENT. Subscriber will be charged a one time standard installation fee according to the Service package selected and a monthly charge for the Service depending upon the plan selected. VW may offer occasional promotions with different terms, activation fees and monthly charges. Subscriber must provide accurate billing information including legal name, address, telephone number and credit card/billing information, and report all changes to this information immediately. Subscriber is/are responsible for any charges to their account. Questions regarding charges to an account should be directed to VW Customer Service Department at (270) 866-9477. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
Charges are billed to Subscriber’s credit card or paid by checking account, as applicable, each month for the Service. VW is not responsible for any penalties or expenses (e.g. overdraft fees, exceeded credit limit charges, etc.) resulting from charges billed by VW. Fees billed by Invoice are due within 30 days of the postmark. Payments not received within 30 days are subject to a late payment charge equal to 1.5% of the outstanding balance per month. Subscriber agrees to maintain valid and current billing information on file with VW at all times.
Delinquent accounts may be suspended or canceled at VW’s sole discretion; however charges will continue to accrue until the account is canceled. VW may bill an additional charge to reinstate a suspended account.
7. YOUR ACCOUNT, PASSWORD AND SECURITY. Upon registration, Subscriber will receive a username, password, and account designation. Subscriber must keep this information secret so that other parties may not access the Service through your account. Subscriber must notify VW immediately upon discovery of unauthorized use of your account.
8. INSTALLATION. Published installation and equipment fees cover the first two hours of installation time. Additional installation time may be charged at an hourly rate. Installation fees include the subscriber unit, wiring, antenna & mounting accessories. This does not include computer related hardware that may be needed such as Network Interface cards, hubs, or routers. Misuse, unauthorized maintenance, or removal of VW provided Equipment may result in service outage or damage to attached computers. Subscribers are solely responsible for maintaining backups all Subscriber owned computer files. VW and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss of Subscriber computers, software, data, or peripherals.
If an outside antenna is required to provision VW Service at a rented Subscriber location, Subscriber must obtain and provide VW with written authorization from the landlord to install the specified antenna and cabling.
VW DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION WILL ENABLE SUBSCRIBER TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. IN ADDITION, VW SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF INSTALLATION. THE FOREGOING LIMITATION IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.
VW will make its best effort to provide the Service. Because of the complex nature of broadband services, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, VW may cancel the installation process and refund any money that has been paid. VW will notify Subscriber of its intent to cancel installation as soon as reasonably possible. VW shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.
9. MONITORING THE SERVICES. VW has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if VW, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or to protect itself and its subscribers. In such cases, VW may immediately remove Subscriber data it’s servers, in whole or in part, which VW, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VW DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. VW MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH VW OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY VW OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. VW AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM SUBSCRIBER’s USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
VW SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSESS, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING SUBSCRIBER’s COMPUTER; SECURITY BREACHES, EAVESDROPPING, DENIAL OF SERVICE ATTACKS, INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; SUBSCRIBER’s RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY SUBSCRIBER OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS, OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OF THE INTERNET.
THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF VW, ITS BOARD MEMBERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THESE PROVISIONS, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST VW IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. SUBSCRIBER’s SOLE AND EXCLUSIVE REMEDIES ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES SUBSCRIBER SPECIFIC LEGAL RIGHTS.
11. INDEMNIFICATION. Subscriber agrees to indemnify, defend and hold harmless Vortex Wireless, A DIVISION OF Holt Enterprises, LLC., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of our Acceptable Use Policy by Subscriber. Each of these individuals or entities shall have the right to assert and enforce the provisions directly on its own behalf.
12. JURISDICTION. This Agreement is governed by and interpreted in accordance with the laws of the State of Kentucky and any applicable Federal laws. The courts of the Judicial District of Russell County, Kentucky shall have exclusive jurisdiction with respect to any proceeding in connection with this Agreement.
13. MISCELLANEOUS. This Agreement, the Acceptable Use Policy, and VW’s other agreements and policies posted on VW’s Web site constitute the entire agreement between Subscriber and VW with respect to Subscriber’s use of the Service. VW may revise, amend or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on VW’s Web site www.VortexWireless.com and/or by email and/or our various publications and mailings to Subscriber. Any revisions, amendments or modifications must be made in writing and authorized by VW. No changes to VW Agreements and policies may be made without written and signed authorization from a VW officer. Subscriber’s use of Service constitutes continued acceptance of VW Agreements and policies. If any provision of VW Agreements and policies are found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.