Terms and Conditions
These Service Terms and Conditions (in addition to Customer's "Agreement") are agreed to by and between Mountain Peaks, Inc. ("Konceptio Data Services, LLC") and the customer ("USER") as designated on their Service Order. In consideration of the mutual agreements and covenants set forth herein, the parties agree as follows:
Accounts and Service: Konceptio Data Services, LLC shall provide USER with an account (the "Account") on Konceptio Data Services, LLC's network, which will allow USER to access the Internet on the terms set forth herein and on the Service Order, as may be amended from time to time by Konceptio Data Services, LLC. USER's Account will include (dependent of account type) access to the World Wide Web, electronic ("e-mail"), and other Services commonly associated with the Internet (collectively, "Services").
Term and Billing: Konceptio Data Services, LLC will enable USER's Account upon the date (the "Commencement Date") of Konceptio Data Services, LLC's acceptance of USER's Service Order. USER shall promptly notify Konceptio Data Services, LLC in writing or by e-mail of any changes in USER's Account information, such as changes in address or telephone number.
Payment: USER shall pay all fees, including the Monthly Service Fee, Setup Fee, and any other fees as set forth on the Service
Order. Some non-contracted fees are subject to change without notice.
Konceptio Data Services, LLC will provide Services to SUBSCRIBER subject to this Agreement, and SUBSCRIBER agrees to pay for the Services when due by valid credit or debit card, personal check, or cash.
SUBSCRIBER authorizes Konceptio Data Services, LLC to perform a credit check prior to providing any equipment or Services. If Subscriber's payment is not received by the end of the workday on the tenth of the month will be considered past due. A $15.00 late fee will be charged. If the tenth falls on a Saturday or Sunday, the payment will be considered late if not received before the end of the workday on Monday. If an account becomes one month past due services provided by Konceptio Data Service will be interrupted until the account is paid in full. To reactivate services a reconnection fee of $50.00 will be required. If payment is not made in full, Konceptio Data Services, LLC has the right to repossess the subscriber unit to offset monies owed without liability for damage or trespass.
Method of Payment: All equipment, installation and non-revolving services are to be prepaid. Recurring charges for ISP, hosting and other e-business services are billed monthly as set by the service agreement between USER and Konceptio Data Services, LLC. There may be a fee for certain billing methodologies. Where an approved automatic payment method (i.e. credit card or electronic payment, etc.) is used, Konceptio Data Services, LLC shall automatically debit payments by USER using the original payment method specified or until modified by USER. When the billing method is by "Invoice," Konceptio Data Services, LLC shall use e-mail, unless USER requests paper bills in which case USER will receive bills by means of conventional mail and will be invoiced at $2.00 per each paper bill. Invoices are sent monthly and the terms are Net ten days from date of invoice.
Collection: There is a $25.00 service charge for each returned draft/check. USER must notify Konceptio Data Services, LLC at least fifteen working days before the next payment is due if USER wishes to change the method of payment. Delinquent accounts may have their files purged. Any account that is disabled must pay a reconnect fee equal to one month of service in addition to any past due fees and any charges assessed by Konceptio Data Services, LLC.
Accounting Cycle: USER's initial accounting cycle begins on the day after completed installation and activation. The USER will be billed for the remainder of the first month (pro-rated). USER's permanent accounting cycle begins on the first day of the second month of service. Thereafter, all accounts are billed monthly on the first day of the month.
Amendment: Konceptio Data Services, LLC reserves the right to change the terms and conditions of this agreement and/or any collateral agreements referenced herein, including the Acceptable Use Policy and the fee schedule, by notifying USER on the Konceptio Data Services, LLC Web site (linked from homepage) or by e-mail at least 30 days in advance of the effective date of the change. Use by USER after the effective date constitutes acceptance of the new terms and conditions.
Offensive or Illegal Materials: Konceptio Data Services, LLC does not, knowingly, post illegal content of any kind. There is, however, no monitoring of material posted to Konceptio Data Services, LLC's Web sites, FTP sites, or hosted domains by the USER. Otherwise, Konceptio Data Services, LLC exercises no control over the content of materials accessed through the Internet, including through the Konceptio Data Services, LLC network. Some materials posted by USERs or available through the Internet may be offensive to certain groups of individuals.
Acceptable Use Policy: USER agrees to be bound by the provisions of Konceptio Data Services, LLC's Acceptable Use Policy, which is incorporated by reference as fully set forth herein and in the Customer Agreement, including all legal obligations arising there under.
Limitation of Liability and Indemnification: Konceptio Data Services, LLC nor its subcontractors will be liable for any loss of data or damage to hardware that occurs during installation of or any service performed on your computer in support of Konceptio Data Services, LLC Services. USER agrees that it is his/her responsibility to completely backup his/her computer before installation. USER further agrees that Konceptio Data Services, LLC and/or its affiliates are not responsible for any problems with your computer following the installation of or any subsequent service performed on your computer in support of Konceptio Data Services, LLC Services.
Your exclusive remedy for any and all losses resulting from this installation of equipment and your use of the Services, including Konceptio Data Services, LLC or its subcontractors negligence, will be limited to fees paid to Konceptio Data Services, LLC up to the time the damage is discovered.
Neither Konceptio Data Services, LLC nor its network Services supplier will be liable for unauthorized access to or alteration, theft or destruction of end user's data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of company's or its network service supplier's negligence.
These Services are provided on an "as is" and "as available" basis without warranties of any kind either expressed or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. Neither Konceptio Data Services, LLC nor its affiliates warrant that these Services will be uninterrupted or error free or that any information, software or the material accessible on the Services are free of viruses or other harmful components.
Konceptio Data Services, LLC, its affiliates or subcontractors will not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature including personal injuries, property damage or lose of business that result in any way from your use or inability to use the Services or to access the Internet or any part thereof, or your reliance on or use of offers, claims, representations, promotions and transactions, information, service or merchandise provided on or through this Internet or the Services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission or any failure of performance.
USER agrees to indemnify, defend and hold Konceptio Data Services, LLC, its affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the equipment and/or the Services provided by USER or an authorized USER of your account, including the placement or transmission of any message, information, software or other materials on the Internet.
These limitations on liability and indemnification provision inure to the benefit and apply to: Konceptio Data Services, LLC, subsidiary and affiliated companies, any successor to Konceptio Data Services, LLC business by way of merger, purchase of assets, or operation of law, and any subcontractors performing work on behalf of Konceptio Data Services, LLC.
Content Responsibility: USER understands that neither Konceptio Data Services, LLC nor its network Services supplier is responsible for the content of the transmissions that may pass through the Internet and/or the connectivity Services. USER agrees that it will not use the connectivity Services. USER agrees that it will not use the connectivity Services in ways that violate laws, infringe the rights of others, or interfere with the users, Services, or equipment of the network. For example, end user shall not distribute unsolicited advertising, chain letters, or commercial electronic mail ("spamming"); propagate computer worms or viruses; attempt to gain unauthorized entry to other computers, data or networks; distribute child pornography, obscenity, or defamatory material the Internet; or infringe copyrights, trademarks, or other intellectual property rights.
Connectivity: As a user of the Konceptio Data Services, LLC Service, connection is automatically disconnected upon: (a) Delinquent payment amount; or (b) detected illegal behavior. If Konceptio Data Services, LLC causes an error, delay, defect, breakdown or failure in service, which is defined as lasting for more than 4 hours during any calendar month (Service Interruption), an out-of-service credit will be calculated based on a 9% daily prorated credit (1/60) of any monthly service charge Customer paid for service during the period of Service Interruption, provided Service Interruption lasts for more than four (4) consecutive hours after Konceptio Data Services, LLC receives notice of the interruption from Customer. The maximum credit allowed shall not exceed the Monthly Charge for the service interrupted. No credit shall be available for difficulties such as Customer equipment failure, Internet congestion, or other causes beyond Konceptio Data Services, LLC's reasonable control. The above prorated credit provides Customer's sole remedy for any claim relating to this or Konceptio Data Services, LLC. Konceptio Data Services, LLC's records and data shall be the sole basis for all calculations and determinations.
Disclaimer of Consequential Damages: In no event will Konceptio Data Services, LLC or its network Services suppliers be liable for any damages, including, but not limited to loss of data, loss of revenue or profits, or for any other special, incidental, indirect or consequential damages, arising out of or in connection with the use of or inability to use Services or products provided hereunder.
Export Compliance: USER further agrees to comply with U.S. Export Laws concerning transmission of technical data and other regulated materials via the connectivity Services.
IP Addresses: Upon expiration, cancellation or termination of the Agreement, USER shall relinquish any IP addresses or address blocks assigned to USER by Konceptio Data Services, LLC or its network services supplier.
Equipment Access: Customer may not use any forced means to reset, reverse engineer, modify or change hardware, software setting or radio location.
Survival: This Provision 12 entitled Survival; Provision 10 above entitled Export Compliance and any provision in all Konceptio Data Services, LLC agreements or policies which references 'Indemnification', 'Limitation of Liability', 'Limitation of Damages', and "Warranty Disclaimers' shall survive the termination of the Agreement.
Force Majeure: If the performance of any obligation hereunder is interfered with by reason of any circumstances beyond Konceptio Data Services, LLC's reasonable control including, but not limited to acts of God, lightning, wind, power surges or failures, labor strikes and other labor disturbances, or the act or omission of any third party, shall be excused from such performance to the extent necessary, provided that Konceptio Data Services, LLC shall use reasonable efforts to remove such causes of nonperformance.
Complete Agreement and Sever ability: This Agreement supercedes any other written or oral agreement, and represents the complete understanding between Konceptio Data Services, LLC and USER. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement may be signed, but does NOT have to be signed to be enforced. Proceeding to sign up, either online or by phone, constitutes acceptance of all terms and conditions set forth in this agreement.