This document contains the entire
agreement between Castles Information Network, Inc. (Castles) and you,
the Customer, and no salesperson, installer, customer service
representative, authorized retailer, reseller, or other similarly
situated individual is authorized to change the terms set forth herein.
Castles may, however, change the terms and conditions of this Agreement
in the future and will notify you if that occurs. The terms of this
Agreement, which either are expressly stated to survive or by their
nature would logically be expected to survive termination, shall
continue thereafter until fully performed. The validity,
interpretation, enforceability and performance of this agreement shall
be governed by and construed in accordance with the laws of the State
of California.
Wireless Services: the term
"Services” shall mean the wireless Internet access made available and
any other wireless services that Castles may provide to customers
either now or in the future. Service is considered established by
achieving connectivity to Castles installed Customer Premise Equipment
(CPE). You may not rebroadcast, transmit, share, trade, transfer, etc.
your service with another site (residence, business, etc.) without our
express, written consent. If we later determine that you utilized your
wireless Internet access equipment (including any additional receivers)
or sold, leased or otherwise gave possession of the same to a third
party who you knew or reasonably should have known intended to use it
to permit the access of the Services in a residential or commercial
establishment or any other area open to the public, we may terminate
the Services and in addition to all other applicable fees, you agree to
pay us the difference between the price actually paid for Services and
the full commercial rate for such Services, regardless of whether we
have or had the commercial rights to such Services. The payment of that
amount and/or the termination of Services shall not prejudice our
ability to exercise any other rights and remedies we may have under
this Agreement, at law, in equity, or otherwise.
Equipment Use and Responsibility: in
order to receive the Service it will be necessary for you to purchase
or lease (depending on plan availability and choice) an approved CPE
from Castles or a third-party vendor. Equipment purchased from
third-party vendors must be pre-approved by Castles to ensure
compatibility with the network. The Customer is responsible for the
safety and security of the wireless equipment. Should leased equipment
be stolen or damaged, the customer will be required to pay for
applicable equipment replacement and installation costs beyond that of
“normal” wear and tear. The Customer is advised not to move or tamper
with the Service and equipment once the installation is completed.
Line-of-sight to the signal transmitters (towers or relays) must be
maintained. Your CPE contains certain components and software, which
are proprietary to Castles and/or its vendors. You agree that you will
not try to reverse-engineer, decompile or disassemble any software or
hardware contained within your wireless equipment. Such actions are
strictly prohibited and may result in the termination of your Services
and/or legal action. Castles warrants that your wireless equipment
purchased through us is free of defects in material and workmanship for
a period of one year after initial purchase, or for the term of your
contract (if leasing the equipment). Castles does not extend or modify
its warranty period as a result of repair or replacement. Castles
reserves the right to void a warranty and/or make reasonable changes
for repair of a unit if the warranty seal is broken or the unit
displays evidence of misuse, abuse, or tampering.
Changes in or Cancellation of
Services: except as otherwise set forth in this Agreement, you may
change your Service (upgrade or downgrade) at any time by notifying us.
A fee may apply to such changes. You have the right to cancel your
Service for any reason at any time after your agreed term of Service is
complete. There will be no penalty or other fees imposed for
cancellation of Service, which occurs after your agreed term of
Service. Your subscription will be automatically renewed on a
month-to-month basis unless you contact us to cancel. Early
cancellation of Service will result in a final billing equal to the
amount owing for the balance of the initial commitment term. Equipment
purchased up-front is owned/retained by the customer, whereas leased
equipment is owned/retained by Castles and must be returned upon
cancellation of service or a $300 equipment charge will be applied to
your final bill.
Termination or Suspension of
Services: Castles has the right to terminate your Services at any time
without providing notice to you if: (1) your account is 30 days
past-due; (2) we receive confirmation that you have received the
Services, or any part of the Services without paying for them; or (3)
you otherwise violate the terms of this Agreement. If your Service is
cancelled for any reason, you are still responsible for payment of all
outstanding balances accrued, including any applicable fees. A service
reconnect fee may be due if an account is suspended for any reason.
Billing Policy: unless you prepay for
a six (6) month subscription for Services, Castles will bill you each
month, in advance, for Services (and leased equipment, if applicable)
until you cancel the Services. Accounts unpaid 30 days after due date
are in default and will be disconnected. In order for Services to be
restored, all past due charges, a reconnect fee, and a deposit equal to
a minimum of one (1) month’s charges must be paid. Termination of
Service to any account in default does not relieve Customer of the
obligation to pay past due amounts or the monthly fees for the Services
under the agreed initial term of Service. If we use a collection agency
or attorney to collect money owed, Customer agrees to pay all
reasonable costs of collection or other action including, but not
limited to, the costs of a collection agency, attorney's fees and court
costs. Installation / Service
Standard installations include 100 feet of cable and Customer Premise Equipment (CPE) provided by Castles. CPE will normally include dish with receiving/transmitting unit, power connectors and router.
Castles will install dish unit at agreed upon location, run cable along exterior of house to specific location and terminate connection through exterior wall. Installation technician will configure up to 1 PC for Internet access. Network cards must be installed and working properly for computer to receive Internet access.
Troubleshooting and service extends to the end point of equipment provided by Castles and reasonable assistance with computer connections.
Castles is not responsible for assistance with individually purchased and installed equipment.
Castles is not responsible for wireless connections to the equipment.
Contract technical support is available from one of our contractors should you require assistance in setting up or troubleshooting a wireless network.
Castles Wireless Acceptable Use Policy
Acceptable Use Policy: Castles
Information Network, Inc. (Castles) supports the free flow of
information and ideas over the Internet and does not actively monitor
use of the Services under normal circumstances. Similarly, we do not
exercise editorial control over the content of any Web site, electronic
mail transmission, news group, or other material created or accessible
over or through the Services, except for certain proprietary websites.
However, in accordance with our Service Agreement, we may remove any
materials that, in our sole discretion, may be illegal or may subject
us to liability. Castles may cooperate with legal authorities and/or
third parties in the investigation of any suspected or alleged crime or
civil wrong. The following constitute violations of this policy:
Illegal Use. Using the Services to
transmit any material (by email, uploading, posting or otherwise) that,
intentionally or unintentionally, violates any applicable local, state,
national or international law, or any rules or regulations promulgated
thereunder.
Harm to Minors. Using the Services to harm, or attempt to harm, minors in any way.
Threats. Using the Services to
transmit any material (by email, uploading, posting, or otherwise) that
threatens or encourages bodily harm or destruction of property.
Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
Fraudulent activity. Using the
Services to make fraudulent offers to sell or buy products, items, or
services or to advance any type of financial scam such as "pyramid
schemes," "Ponzi schemes" and "chain letters."
Forgery or Impersonation. Adding,
removing or modifying identifying network header information in an
effort to deceive or mislead is prohibited. Attempting to impersonate
any person by using forged headers or other identifying information is
prohibited. The use of anonymous remailers or nicknames does not
constitute impersonation. Using deliberately misleading headers
("munging" headers) in news postings in order to avoid spam email
address collectors is allowed.
Unsolicited commercial
email/Unsolicited bulk email. Using the Services to transmit any
unsolicited commercial email or unsolicited bulk email. Activities that
have the effect of facilitating unsolicited commercial email or
unsolicited bulk email whether or not that email is commercial in
nature, are prohibited.
h. Unauthorized Access. Using the
Services to access, or to attempt to access, the accounts of others, or
to penetrate, or attempt to penetrate, security measures of Castles or
another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or not the
intrusion results in the corruption or loss of data.
Copyright or Trademark
Infringement. Using the Services to transmit any material (by email,
uploading, posting, or otherwise) that infringes any copyright,
trademark, patent, trade secret, or other proprietary rights of any
third party, including, but not limited to, the unauthorized copying of
copyrighted material, the digitization and distribution of photographs
from magazines, books, or other copyrighted sources, and the
unauthorized transmittal of copyrighted software.
Collection of Personal Data. Using
the Services to collect, or attempt to collect, personal information
about third parties without their knowledge or consent.
Reselling the Services. Reselling the Services without Castles authorization is prohibited.
Network Disruptions and Unfriendly
Activity. Using the Services for any activity which adversely affects
the ability of other people or systems to use Castles services or the
Internet. This includes "denial of service" (DoS) attacks against
another network host or individual user. Interference with or
disruption of other network users, network services or network
equipment is prohibited. It is the Customer’s responsibility to ensure
that their network is configured in a secure manner. A Customer may
not, through action or inaction, allow others to use their network for
illegal or inappropriate actions. A Customer may not permit their
network, through action or inaction, to be configured in such a way
that gives a third party the capability to use their network in an
illegal or inappropriate manner.
Privacy Policy: when you browse the
Internet, you browse anonymously. Castles routinely collects
information about your connection speed, quality of service, up-time
availability and other technical information related to your Internet
performance. Under normal circumstances, Castles does not monitor,
store or share information about websites visited, files downloaded,
e-mails sent or received. Castles may disclose or access account
information when we believe, in good faith, that the law requires it,
or in special cases when we have reason to believe that disclosing this
information is necessary to identify, contact or bring legal action
against someone who may be violating our Agreement.
Limitations of Liability: Castles
shall not be liable for any failure or delay in performance due to
circumstances beyond its reasonable control, which may include any Acts
of God, fires, earthquakes, floods, power or technical failure, acts of
any governmental body, labor disputes, changes in law, regulation or
government policy, riots, war, epidemics, acts or omissions of vendors
or suppliers, equipment failures, transportation difficulties, or any
other cause beyond our control. Castles assumes no liability for
performance degradation due to line-of-site impedance or obstructions,
radio-frequency (RF) interference, or natural or man-made obstacles.
Castles assumes no liability for loss of data, revenue or other
circumstances resulting from delays, non-deliveries, misdeliveries or
Service interruptions. Castles will not be held responsible for any
damages that may occur to any other equipment or property, or any other
consequential or incidental damages of any kind, whether based on
contact, negligence, or strict liability.
