TERMS OF SERVICE
Wireless Internet Service Agreement
NETSPEEDMS is a service of Ozborn Communications, LLC.
By establishing an account or using the services of NETSPEEDMS, you agree to be bound by this Agreement and to use the service in compliance with this Agreement, our Terms of Service Agreement and other policies.
The following terms and conditions shall apply to customers subscribing to NETSPEEDMS. This Agreement is part of and shall be incorporated into the Terms of Agreement. In utilizing NETSPEEDMS, Customer agrees to adhere to the terms and conditions of the agreement. In the event of an inconsistency or conflict, the provisions of this agreement shall govern.
In the event that any portion of this agreement is altered or changed by NETSPEEDMS, the latest shall be available at www.netspeedms.com. Changes shall be effective when posted. Customer agrees to review the Wireless Internet Service Agreement available at that site from time to time to be aware of any changes.
Billing and Payments
Bills are emailed once per month, or customer may access account at any time through the customer portal. Statements will be emailed on the 20th day of each month. By establishing an account for service customer agrees to electronic only billing. If customer requests a monthly mailed paper billing there will be a $5.00 monthly fee for for this service.
Payment shall be due to NETSPEEDMS, by the 1st of each month. A Fifteen Dollar ($15.00) late payment fee shall be assessed on any account not paid within ten (10) days from the due date of the invoice. Accounts remaining unpaid for thirty (30) days or more shall be deemed delinquent. Delinquent accounts shall be placed on accounting hold and services to the Subscriber/Customer shall be suspended until the account is paid in full. For any subscriber account that has been placed on suspended service, NETSPEEDMS reserves the right, at its sole discretion to charge a ($25.00) reconnection charge to the customer’s account to reactivate the subscriber's service for the first offense, thereafter the reconnection charge will be at ($35.00) per occurrence. In the event that a service call is needed for reconnection a ($75.00) and fuel charge will be made and this will be paid before reconnection occurs. In the event of a lawsuit to collect the unpaid balance, the undersigned further agrees to pay court costs and reasonable attorney fees. A Thirty-Five Dollar ($35.00) fee will be added to the subscriber account in the event of any back returned check. In the event that more than two checks are returned during the lifetime of the Subscriber/Customer's account, we will only accept cash, credit card or certified funds for payment on the account.
Payments can be mailed or delivered to our office during regular business hours, made on line through our payment portal, or at the drop box, located at the Ozborn Communications, LLC storefront, 201 N. Hargon St. Canton, MS 39046.
NETSPEEDMS reserves the right to terminate this Agreement, your password, your account, or your use of the Internet Service, at any time, for any reason without prior notice, including, but not limited to, if NETSPEEDMS, in its sole discretion, believes you have violated this Agreement, our Terms of Service or any of the applicable user policies, or if you fail to pay any charges when due. NETSPEEDMS may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Service, but is not required to do so.NETSPEEDMS will terminate customers immediately for any disrespect and foul language used toward employees or social media bashing. We do not take this action lightly and this does not get you results, but will get you disconnected. We try to fix all issues that the customer is having in a timely matter, when the customer presents this to us in a cordial manner.
In the event that special construction, or additional equipment including but not limited to, longer cable, additional grounding, higher tower or mast hardware, or specialized antennas, an additional fee will be required for said equipment and any additional labor not included with the standard install. Additional labor is billed at $80.00/hr. Fuel and material fees will always be added to any service call deemed chargeable.
All equipment, power supply, antennas and standard mounting equipment furnished by NETSPEEDMS will at all times remain the property of NETSPEEDMS. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Subscriber shall pay the full cost of ($400), of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof, together with any costs incurred by NETSPEEDMS in obtaining or attempting to obtain possession of any such equipment. On termination of this Agreement, Subscriber authorizes NETSPEEDMS to retrieve from Subscriber's premises the equipment that is owned by NETSPEEDMS at our discretion. If we cannot obtain our equipment customer will be charged $400.
NETSPEEDMS connection point ends at the Power Supply located outside or inside the customer premises. Any trouble beyond our network or equipment is the full responsibility of the Subscriber and their subsequent Network Administrator or vendor. Standard maintenance is limited solely to NETSPEEDMS network and backbone connectivity.
If your connection ceases to function properly but NETSPEEDMS's network is still functioning properly, a technician will be sent to troubleshoot during normal business hours. (9AM 4:00PM Monday-Friday). If the problem is due to subscriber negligence, or any of those items listed in the not covered by Standard Maintenance section, standard hourly rates apply.
Not Covered by Standard MaintenanceRepair or replacement of parts damaged or lost through catastrophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of subscriber or causes external to the wireless system such as, but not limited to failure of, faulty electrical power, operator error, or malfunction of Subscriber's computer and/or peripheral equipment, including routers, which are considered customer owned equipment, or from any cause related to or other than the intended ordinary use. Antenna re-aiming or relocation due to obstructions such as tree growth, vegetation growth or building construction after initial installation, or storm related damage, any re-aiming or relocation of antennas, or reconstruction of tower/mast assemblies will be billed to the subscriber at standard hourly rates plus materials.
Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release NETSPEEDMS, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber's installation of, use of, or termination of NETSPEEDMS hereunder including but not limited to, Subscriber's access to content uploaded or downloaded using NETSPEEDMS's service from any source or to any recipient. Subscriber further releases NETSPEEDMS from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through NETSPEEDMS and/or the wireless network. Subscriber's release of NETSPEEDMS includes any actions or inaction by NETSPEEDMS which amount to negligence. Subscriber further agrees to indemnify and hold harmless NETSPEEDMS from and against any and all claims, actions, causes of action, loss or damages including attorney fees which in any way arise from Subscriber's installation of, use of, termination of, NETSPEEDMS services herein.
NETSPEEDMS assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via NETSPEEDMS services. NETSPEEDMS discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by NETSPEEDMS which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to, pornographic, or otherwise inappropriate or sexually explicit offensive content. Subscriber acknowledges to NETSPEEDMS that its use of NETSPEEDMS service to access information, content or other services is at its own risk.
Governing Law and Venue
The laws of the State of Mississippi shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Madison County, Mississippi.
The customer agrees that they will read and understand the Terms of Service Agreement sections of the NETSPEEDMS website. The customer assumes all liability of providing a computer or device capable of using the IP protocol over Ethernet.
This Agreement posted directly and publicly on the NETSPEEDMS website, constitutes the entire Agreement between the parties and no other representations or statements will be binding upon the parties. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this agreement shall remain in full force and effect.
Residential Packages are for single-family residence use only. Internet sharing is allowed only within the boundaries of the residence. Business Packages are for a single business property only. Wifi sharing with guests or customers of businesses or RV parks is permitted when the business's guest or customer is at the business location, but not with anyone not on the property of the business. Allowing others to use this connection via wired, wireless (Wi-Fi or other technology) or by other means will result in immediate disconnection. Reselling this service will result in immediate disconnection. However, businesses may set up a Wi-Fi hotspot with permission and billing structure from NETSPEEDMS.
Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited.
Monitoring of Service
NETSPEEDMS has no obligation to monitor the Service, but may do so from time to time. NETSPEEDMS will not disclose any personal or identifiable information to any other party unless it is legally obligated to do so, including, but not limited to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly, or to protect itself and its interests.
NETSPEEDMS may immediately remove your material or information from NETSPEEDMS's servers, in whole or in part, which NETSPEEDMS, in its sole and absolute discretion, determines to infringe on another party's proprietary rights or to violate our Terms of Service Agreement
Abuse of Service.
Any use of the system that disrupts the normal use of the system for other Subscribers is considered to be abuse of Services. The propagation of computer worms, viruses, spyware, adware or the use of the network to make unauthorized entry to any other computer systems, NETSPEEDMS equipment, or other communication devices or resources of others is a violation of this agreement. The use of NETSPEEDMS's services by Subscribers to modify, alter, reverse engineer, decompile disks, or disassemble any proprietary work in whatever form is a violation of this Agreement. The failure of any Subscriber running IPX to use an IP tunneling protocol is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) or any other inter router protocol by Subscriber is a violation of this Agreement. Failure to obey all terms set forth is a violation of this Agreement. Any Subscriber deemed by NETSPEEDMS to be in violation of this section is subject to immediate termination by NETSPEEDMS. Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages.
Additional Clarifications, Terms and Conditions
Usernames, passwords and email addresses at NETSPEEDMS.COM, NETSPEEDMS.NET, NETSPEED.MS, and NETSPEED.INFO are NETSPEEDMS's property and NETSPEEDMS can alter or replace them at any time.
NETSPEEDMS has no control over certain types of interference and signal blockage. We do not guarantee any level or quality of service. If the service becomes unusable and cannot be restored within 2 working days, your account will be credited for the outage. The customer must call within 24 hours of non-service to get credit. (As an example we will not credit a customer for calling weeks after the occurrence). NETSPEEDMS cannot be held liable for any type of loss, whether actual or perceived, due to a lack of service. NETSPEEDMS will not be responsible for paying for customer’s cell phone bill with the use of a hot spot.Subscribers understand that service will be interrupted from time to time for various reasons including maintenance, upgrades and power outages. There will be no warning for some outages.