DSL High Speed Internet Access Agreement for BIT Services

  1. This High Speed Internet Access Agreement for BIT Communications High Speed Internet serves as a confirmation and acknowledgment of the rates and charges associated with the order of services and, together with the other agreements, terms and conditions identified herein, constitutes the contract between BIT Communications and the Customer.
  2. BIT Communications will provide high-speed data transport services simultaneously with voice service over one telephone line to Customer’s premises under terms and conditions set forth in Attachment A to this Agreement.
  1. The High Speed Internet Service is subject to availability of facilities. BIT Communications will make reasonable efforts to provide High Speed Internet Service on Customer’s requested date. High Speed Internet Service will begin on the date Customer has received notification indicating the High Speed Internet Service has been tested by BIT Communications and is ready for Customer’s use. If, after Customer has pre-qualified to receive the High Speed Internet Service, and BIT Communications determines that it is unable to provide the High Speed Internet Service to Customer’s premises for any reason, this Agreement will become null and void. Customer will be responsible for providing their own computer to support the High Speed Internet Service, as stated in Attachment A.
  1. For connectivity to the Internet, the High Speed Internet Service must be packaged with Internet accessories and Customer must acquire the necessary modem. Customer purchases BIT Communications High Speed Internet service for either a monthly or 24 month term. The effective date of this contract is the day High Speed Internet service is active at the customer’s premise. If Customer signed the 24 month term and terminates for any reason the High Speed Internet service prior to the expiration of the 24 month term of this Agreement, an Early Termination Charge, as set forth in Paragraph 8 will apply. If Customer signed the monthly term and wishes to terminate the service after 30 days, Customer will not be charged the Early Termination Fee, but will be charged a $20.00 fee to reconnect the High Speed Internet service, as set forth in Paragraph 6. If Customer takes no action to change his/her plan before the expiration of the 24 month term, Customer’s account will automatically be renewed on a monthly basis at the then current rate.
  1. Payments are due monthly in advance commencing upon the Service Installation Date. Customer may increase the bandwidth at any time during the term, and will be responsible for the increased monthly rate commencing on the first day of the High Speed Internet Service upgrade until the first anniversary of the Service Installation Date. Charges may be computed on a monthly basis or a prorata daily basis at BIT Communications discretion.
  1. Customer agrees to pay an initial $99.00 High Speed Internet Service connection charge for the monthly term and a $10.00 processing fee. Customer agrees to pay a $20.00 reconnect fee.
  1. Customer acknowledges that the installation of High Speed Internet Service requires the purchase of a DSL modem that can be provided by BIT.
  1. Should Customer terminate the High Speed Internet Service under this Agreement prior to the expiration of the 24 month term commitment, customer will be charged an early termination fee of $199.00 for Residential Service and $299.00 for Business Service.
  1. Should Customer wish to move High Speed Internet Service within the same location, he/she will be billed a $25.00 Premise Visit and a $10.00 Service Order charge. A move to a different location within the BIT Communications designated service area, he/she will be billed a High Speed Internet “Transfer Fee” of $99.00 plus any additional extraordinary expense charges.
  1. In addition to monthly service charges, the Company will bill the customer for any applicable federal, state or local tax, fee or surcharge along with any applicable regulatory fees or surcharges. Additionally, contributions to the Federal Universal Service program imposed on the Company applicable to amounts paid by the Company for telecommunications components of the customer’s Internet service will be charged by the Company to the customer as a Federal Universal Service Pass-Through Charge.

 

ATTACHMENT A

Terms & Conditions of BIT Communications High Speed Internet Service

  • BIT Communications High Speed Internet uses DSL technology. Data traffic generated by the modem is transported to the High Speed Internet Service Node. From that point of interconnection, the traffic is transported to the Customer’s Internet Service Provider (ISP).
  • DSL means “asymmetrical digital subscriber loop” (DSL) and refers to an access technology that enables data to be sent over existing copper wire telephone facilities contingent on the distance and other criteria.
  • BIT Communications cannot guarantee that the High Speed Internet Service will be compatible with all system and/or network configurations.
  • Customer will be responsible for providing his/her own computer to support the provision of BIT Communications High Speed Internet Service.
  • BIT Communications will provision and maintain High Speed Internet from the Serving Node or Gateway to the network interface device (NID), USB or bridge at the Customer’s premises. Customer is responsible for obtaining compatible customer equipment and inside wiring at their home or office.
  • Customer is the owner and is responsible for any damage or malfunction of any purchased, leased, or provided DSL modem provided by BIT Communications unless specified under the manufacturers’ limited warranty.
  • High Speed Internet will be provisioned over Buggs Island Telephone Cooperative or other local exchange carriers existing copper wire telephone facilities to assure High Speed Internet can be provisioned at Customer’s premises. BIT Communications will not provide High Speed Internet over facilities that are not suitable for High Speed Internet Service.
  • The Service node/gateway is a location designated by BIT Communications that serves as an aggregation point for the collection and transport for High Speed Internet traffic.
  • “Downstream” bandwidth refers to the transmission path from BIT Communications Service node to the Customer’s premises.
  • “Upstream” bandwidth refers to the transmission path from the Customer’s premises to BIT Communications High Speed Internet Service node.
  • BIT Communications reserves the right to temporarily interrupt High Speed Internet Service for periodic and required equipment and wire center maintenance or replacement, software updates, and any emergency situation.
  • The High Speed Internet Services set forth in this Agreement are based on a 12 or 24 month term commitment from the Customer. In the event Customer terminates the Agreement prior to the expiration of the 12 or 24 month term, Early Termination Charges will apply.
  • BIT may modify these Terms and Conditions upon published notice. Customer’s use of BIT DSL Service after such notice shall constitute Customer’s acceptance of such modifications.
  • I agree to use BIT Communications for legitimate personal or business use and for only lawful purposes. I understand I may not transmit or store any information, data or material in violation of Federal or State regulations or laws. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material.
  • I understand that messages and data sent to destinations outside the United States must satisfy Department of Commerce regulations (either be within the GTDA guidelines for information which may generally be transmitted or have the required license).
  • I understand that my BIT Communications account cannot be transferred or used by anyone other than myself. I agree not to re-sell, re-license or re-distribute BIT Communications connection service to any individual, company or organization.
  • I understand that BIT Communications is not responsible in any way for any information I may read, view or retrieve while using BIT Communications. BIT Communications is not responsible for the content, accuracy, character, or attributes of any information. Information includes, but is not limited to, screen displays, data and text files, graphics files, programs, executable files, hardware or modems.
  • Accounts cannot be used to setup file sharing or permanent data or hosting servers.
  • I understand that I may not use my BIT Communications account in a manner that precludes or significantly hampers its use by others.
  • I understand that I may not send messages likely to result in the loss of recipients’ work or system.
  • I understand that I may not broadcast messages to lists or individuals that have not explicitly expressed an interest in such messages, particularly where such use causes congestion of the networks or otherwise interferes with the work of others.
  • I understand that I may not intentionally develop programs that harass other users or infiltrate a computer or computing system and/or damage or alter the software components of a computer or computing system.
  • I agree to abide by these guidelines. I understand that my account may be terminated immediately and without warning or notification if I do not follow these guidelines.

 

Warranty and Liability

  • I agree to indemnify, release and hold harmless the company from any claims or damages resulting from use of BIT Communications High Speed Internet service.
  • No warranty is made by the company regarding any information, services or products provided through, in connection with, or located on the computer systems of the Internet access service or other services provided by the company, and the company hereby expressly disclaims any and all warranties including without limitations: 1) any warranties as to the availability, accuracy, or content of information product, or services: and 2) any warranties or merchantability or fitness for a particular purpose.
  • Any liability of the company, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of the subscriber to the company for the current one month.

Account Suspension, Cancellation, or Termination

  • I understand that the company has the right to delete all data, files, or other information stored on BIT Communications storage devices in my account, if my account is terminated, for any reason, by myself or by the company.
  • Accounts are billed on the first of each month and are due in the business office by the 25th of the current billed month.

NOTE: All accounts not paid by the 25th can result in termination of service. A reconnection fee of $20.00 will

apply.

  • I understand that monthly fees will be prorated for the period of time the service was active or in force.