Terms of Service for Wireless Internet Service Provided by Verona Networks LLC
This is an agreement made between Verona Networks LLC and its Customers. By ordering Internet service from Verona Networks LLC or by using
equipment or services provided by Verona Networks LLC, Customers accept the terms and conditions
contained in this Agreement and agree to comply with its requirements. This agreement is
effective upon the Activation Date specified on the "Subscriber Service Agreement", and remains
in effect until terminated by either party according to the termination provisions specified herein.
This document may be modified and updated from time to time, and the most current version is
available on the Web at http://vntx.net/tos.php. New versions of this policy become
effective at the time they are uploaded to our Web server.
Definitions:
"Customer", "Subscriber", "You", "Yours", or "Yourself" means a person, corporation,
or legal entity that contracts for or uses Verona Networks LLC's Wireless Networking Internet service.
"Company", "Us", "We", or "Ours" means Verona Networks LLC. "Service" is defined as the use
by the Subscriber of network connectivity and information services provided by Company and any
access to services provided by others via the Global Internet or private interactions. "User" is you
or anyone you allow to gain access to the Service from your premises, whether or not they have
your consent. "Subscriber Service Agreement" is the service order form containing the specific
details of connection speed, contract length, fees, payment arrangements, and other information
needed to provision service.
Provision of Services:
Verona Networks LLC will provide services on its computing and network systems
and also provide the installation of necessary equipment (which includes but is not limited to radio,
cables, connectors, antennas & standard mounting equipment) to you in exchange for payment of
fees as described on the Subscriber Service Agreement, and compliance with the terms and
conditions of this agreement and other Company policies. Your right to use the Service is not
transferable.
Installation:
The Service requires the installation of equipment at your premises and may require
permanent modification of the premises to install cables, outlet boxes, antenna mounts, or other
items. You agree to allow Verona Networks LLC's employees or contractors to install required equipment in the
manner necessary to successfully deliver the service. We will make every commercially
reasonable effort to provide a fully operational Service within 30 days of initial installation. This
may require adjustments to the equipment such as relocation or re-aiming of the outdoor antenna,
re-termination of cables, or configuration changes on the radio transceiver. In some situations, it
will not be possible to establish a reliable link due to trees, buildings, or other obstructions. If we
are unable to make the Service fully operational within 30 days after initial installation, either party
may terminate this Agreement at no cost to either party. It is your responsibility to obtain any
required permits or to gain landlord approval for the placement of the antenna and installation of
equipment at your premises. Verona Networks LLC is not responsible for property contract violations or other
results of this installation if you or your affiliates proposes ownership or false landlord.
Payment Policies & Terms:
You will be billed approximately the 1st of each month for the next
month's service. Payment is due to us within fifteen (15) days from the date of the invoice.
Charges for accounts that are terminated, by either you or Verona Networks LLC, are not prorated and are
due for the entire month. A fifteen-dollar ($15.00) late payment fee will be assessed on any account
not paid within fifteen (15) days of invoice. Accounts remaining unpaid for thirty (30) or more days
will be deemed delinquent. Delinquent accounts will accrue interest at 1.5% per month on all
outstanding principle amounts until paid. Delinquent accounts will be placed on "accounting hold"
and all services to you will be suspended until the account is paid in full. Accounts with a balance
that is unpaid for sixty (60) or more days are subject to collection and will continue to accrue
interest and be liable for any legal fees. Reactivation of a connection that has been placed on
accounting hold requires full settlement of the unpaid balance and payment of a fifty dollar
($50.00) reconnection charge. Accounts that have been placed on accounting hold may only be
settled by credit card, cashiers check, or money order.
Account Termination:
You may terminate this Agreement by submitting a written request for
termination to Verona Networks LLC via the email address, fax number, or postal address listed on our Web
site. Requests received by us prior to the close of business on the fifth day prior to your billing
date will have a termination date of the next billing date. Termination requests received by us after
the close of business on the fifth day prior to your billing date through the fifth day prior to the next
billing date will have a termination date of the second billing date following the date of receipt. Any
Agreement terminated under this provision will be subject to a termination fee of $200, or the
remaining balance of the contract, whichever is less. In the event of
termination under this provision, all amounts remaining due and owing to Verona Networks LLC including
aforesaid termination fee, will be due within thirty (30) days of termination. Accounts not paid
within thirty (30) days of termination shall be deemed delinquent. This Agreement and your use of
the Service may be terminated by us at any time with or without notice to you for any reason,
including, without limitation, nonpayment of fees, or if we believe that you have violated or acted
inconsistently with the letter or spirit of this Agreement or the Appropriate Use Policy.
Equipment & Scope of Work:
All equipment deployed at your premises, (radios, antennas &
standard mounting equipment, etc), will at all times remain the property of Verona Networks LLC. You shall
not attempt modifications, adjustments, configuration changes, or otherwise tamper with our
equipment. You may not sell, transfer, lease, encumber or assign all or part of the equipment to
any third party. You will pay for the full retail cost of, or the cost of repair or replacement at our
sole discretion, of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered,
or assigned equipment or part thereof, together with any costs incurred by us in obtaining or
attempting to obtain possession of any such equipment. Upon termination of this Agreement, You
authorize us to retrieve Verona Networks LLC-owned equipment from your premises. We may elect to
remove, or direct that you return, only the items that we deem to be valuable or reusable, and
items such as in-wall junction boxes, cable, and brackets may, at the our sole discretion, be left in
place. We are not obligated to return your premises to any specific condition.
Functionality and Standard Maintenance:
The demarcation point ("demarc") for this service is
the Ethernet port nearest the Ethernet port of the radio transceiver at the your premises. The
technical support that we provide is limited to the connectivity itself and configuration of your
computer and/or browser and email applications to work with the Service. Support for other
applications and uses is not provided or implied unless it is a specifically contracted service. The
Service will be considered to be fully operational and acceptable to you if Verona Networks LLC-owned
diagnostic equipment connected at the demarc can transfer data to and from our Internal servers
at the data rates specified in the Subscriber Service Agreement. Any trouble on your side of the
demarc is the responsibility of you, your Network Administrator or vendor. Standard maintenance
is limited solely to Verona Networks LLC's network and backbone connectivity. If your connection ceases to
function properly after it has been tested and shown to be working, but our network is still
functioning properly, a technician will be sent to diagnose the problem. If the problem is due to
your negligence, or any of those items listed in the "Not Covered by Standard Maintenance"
section, you will be billed for all labor, materials, and equipment required to restore the Service to
full functionality.
Not Covered by Standard Maintenance Plan:
Maintenance, repair or replacement of parts
damaged or lost through act of God, catastrophe, accident, terrorism, war, lightning, neglect,
misuse, theft, fault or negligence by you, or causes external to the wireless system, such as, but
not limited to failure of, or faulty, electrical power or air conditioning, operator error, or malfunction
of your computer and/or peripheral equipment not installed by Verona Networks LLC, or from any cause
related to or other than the intended and ordinary use is not covered. Antenna re-aiming due to
obstructions such as trees or buildings, or storm related damage is not covered, and we are not
responsible for obstructions that may grow or be erected at your premises or elsewhere which
may cause the radio signal to be blocked and the Service to degrade or become non-operational.
Any re-aiming of antennas, or reconstruction of tower/mast assemblies will be billed to you at our
standard hourly rates and may be subject to equipment costs. Verona Networks LLC is not liable for any
damage to property as a result of above occurrences.
Service Outages:
Routine maintenance and periodic system repairs, upgrades, and
reconfigurations, public emergency or necessity, terrorism, upstream provider problems,
restrictions imposed by law, acts of God, force majeure, labor disputes and other situations,
including mechanical or electrical breakdowns may result in temporary impairment or interruption
of service. Verona Networks LLC does not guarantee continuous or uninterrupted service and reserves the
right to occasionally reduce or suspend service without notice.
Use of Services:
You acknowledge and agree that certain content may be accessible through the
Service which may contain material that is unsuitable for minors (persons under 18 years of age)
and that while Verona Networks LLC does some screening of such content with regard to obscenity, we are
not responsible for content delivered by the service with regard to copyright, obscenity, safety,
integrity or reliability. You agree to supervise usage of the Service by any minors whom you may
permit to use the Service. You agree that requests for changes to the sites we block must come
from the account owner. Other members of the family or business must make any requests
through the account owner. You agree to use this service only for lawful purposes. The
transmission or reception of any material in violation of any local, state, federal, or international
law or regulation is prohibited. This includes, but is not limited to, copyrighted material, threatening
or obscene material, material protected by trade secret, or material that infringes upon the rights
of others. You agree not to use any connectivity or computing resources provided by us to
interfere with or disrupt network users, services, or equipment, on our network or on any other
network reachable via the Internet. We do not promise or guarantee the security of your computer
systems. You agree to accept all responsibility for protecting your computer systems from all
harmful activity that may occur due to its connection to the Internet. You may not resell connection
or bandwidth without specific written agreement from us. You may not provide connection or
bandwidth to any network device not physically located within the premises. You are ultimately
responsible for any and all activity that originates from your Internet connection regardless of your
knowledge of such activity. This includes but is not limited to activity by other household members,
friends and guests, employees, contractors, or visitors. This also applies to security breaches of
your own system by others who launch attacks from your computers. Should you violate any
provision of this section, Verona Networks LLC, at its sole, discretion may immediately suspend services to
you and/or terminate this agreement. Our liability for termination of this Agreement under this
provision shall be solely limited to a refund to you of any unearned prepaid service fees, less
termination fees specified in the "Account Termination" section. Verona Networks LLC shall not be liable for
any incidental or consequential damages as a result of the termination of the Agreement under
this provision.
Bandwidth Utilization and Connection Speed:
Overall network performance is determined
partially by the amount of bandwidth Subscribers use. Verona Networks LLC can normally balance available
bandwidth and Subscriber utilization to provide excellent service to all Subscribers. Subscribers
will not be charged for bandwidth consumed, and Verona Networks LLC does not have specific limits or caps
on bandwidth other than as defined in your Subscriber Service Agreement. If you use any
Verona Networks LLC service in a manner which consumes excessive bandwidth or affects our core
equipment, overall network performance, or other Subscribers' services, we may require that you
cease or alter these activities, or pay additional fees for consumption of these resources. The
"Connection Speed" specified in the Subscriber Service Agreement is the Maximum Information
Rate that the connection will provide, but is not a guaranteed minimum rate. Verona Networks LLC charges
for its service continuously regardless of whether or not you are using it.
Appropriate Use:
Subscribers are prohibited from engaging in certain activities on Verona Networks LLC's
network. We maintain a separate policy document, which describes these activities. That
document, the Verona Networks LLC Appropriate Use Policy (AUP), is incorporated herein by reference. The
AUP is subject to revision by us from time to time at our sole discretion. Although we will make an
effort to notify you of any additions to, deletions from or changes in the policies, it is your
responsibility to periodically review the AUP. The most current AUP is always available on our
web site and accessible 24 hours a day at http://vntx.net/aup.php
LIMITATION AND DISCLAIMER OF LIABILITY AND WARRANTIES:
VERONA NETWORKS LLC DOES NOT
WARRANT THAT ITS SERVICES WILL MEET ANY SPECIFIC SUBSCRIBER REQUIREMENT,
OR THAT IT WILL BE ERROR-FREE OR UNINTERRUPTED. Verona Networks SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOST DATA, INFORMATION, OR PROFITS) SUSTAINED OR INCURRED IN
CONNECTION WITH THE INSTALLATION, USE, OPERATION, OR INABILITY TO USE THE
SERVICE, WHETHER CAUSED BY VERONA NETWORKS LLC'S OWN NEGLIGENCE, OR BY YOUR
ERRORS OR OMISSIONS. VERONA NETWORKS LLC ASSUMES NO RESPONSIBILITY FOR THE CONTENT
CONTAINED ON THE INTERNET OR OTHERWISE AVAILABLE THROUGH THE WIRELESS
NETWORK OR FROM ANY SOURCE ACCESSIBLE VIA VERONA NETWORKS LLC's SERVICES. VERONA NETWORKS LLC
DISCLOSES AND YOU ACKNOWLEDGE THAT THERE MAY BE CONTENT ON THE
INTERNET OR OTHERWISE AVAILABLE THROUGH THE SERVICES PROVIDED BY
VERONA NETWORKS LLC 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 CONTENT, OR OTHERWISE
INAPPROPRIATE OR SEXUALLY EXPLICIT OR OFFENSIVE CONTENT. YOU
ACKNOWLEDGE TO VERONA NETWORKS LLC THAT YOUR USE OF VERONA NETWORKS LLC's SERVICES TO ACCESS
INFORMATION, CONTENT OR OTHER SERVICES IS AT YOUR OWN RISK. ALL IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANY OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY
EXCLUDED.
Indemnification:
You shall indemnify and hold harmless Verona Networks LLC and any of its underlying
service providers, information providers, licensors, employees, contractors, officers, directors, or
shareholders from and against any and all claims, demands, actions, causes of action, suits,
proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising
from or relating to your use of the Service, or any act, error, or omission by you or any user of your
account in connection therewith, including, but not limited to, matters relating to incorrect,
incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade
name, trademark, service mark, or other intellectual property; any defective product or any injury
or damage to person or property caused by any products sold or otherwise distributed through or
in connection with the Service; or violation of any applicable law.
Limitation Of Liability:
In the event that a court should hold that the limitations of liabilities or
remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for
any reason, or that any remedies under this Agreement fail of their essential purpose, you
expressly agree that under no circumstances shall our total liability to you or any party claiming
by, through or under you for any cause whatsoever, and regardless of the form of action, whether
in contract or in tort, including negligence, in the aggregate, exceed the amount of charges paid by
you for use of the Service under this Agreement during the twelve-month period preceding the
date such claim first arose.
Other Services:
We may make certain other resources, such as Web services, email services,
and UseNet news services available as features of our Service. If you use these resources, you
shall indemnify and hold harmless Verona Networks LLC from and against any and all claims, demands,
actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including
reasonable attorneys fees, arising from or relating to your Web pages, email, or UseNet news
postings or an end user's use thereof, or any act, error, or omission of yours in connection
therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading
information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service
mark, or other intellectual property; or violation of any applicable law.
Privacy and Law Enforcement:
Verona Networks LLC will not trade, sell, or disclose to any third party any
form of your specifically identifiable information without your consent (except as required by
subpoena, search warrant or other legal process or in the case where failure to disclose
information will lead to imminent harm to you or others). This includes information derived from
registration, subscription, and use of the Service. We may collect and use your specifically
identifiable information for billing, provisioning of service, to solve problems associated with
service, and to inform you of new products or services that will better meet your needs. We will
use this information to market products and services to you, but will not disclose or make available
any specifically identifiable information to any third parties seeking to market products. If you
choose not to participate in direct marketing of new products and services from us, that
information will not be used for the purpose of marketing new products. We will cooperate with law
enforcement officials in the pursuit of information or access to data when presented with
appropriate authorization from a court having jurisdiction over the subject matter. You release and
hold Verona Networks LLC harmless for any disclosure of information, including personally identifiable
information, e-mail, confidential information or contact information, to such law enforcement
officials. We will cooperate with requests for information accompanying subpoenas or similar court
orders for disclosure of information in civil cases. You release and hold Verona Networks LLC harmless for
any disclosure of information, including personally identifiable information, e-mail, confidential
information or contact information, in response to such subpoenas or court orders.
Governing Law and Venue:
The laws of the State of Texas 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 in Collin County, Texas.
Arbitration & Attorneys Fees:
You agree that any controversy or claim arising between us out of
or relating to this Agreement shall be settled exclusively by arbitration. Such arbitration shall be
conducted in accordance with the commercial arbitration rules then in force of the American
Arbitration Association. The arbitration award shall be final and binding on both parties. Judgment
upon such arbitration award may be entered in any court having jurisdiction. You and Verona Networks LLC
agree that should either party bring action for enforcement, interpretation or otherwise under this
Agreement the prevailing party in such action shall be entitled to its attorney's fees and costs
including those incurred in any appeal. If any provision or provisions hereof shall be held to be
invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining
provisions shall not be in any way affected or impaired thereby. No action, regardless of form,
arising out of the Service or this Agreement may be brought by you or any party claiming by,
through or under you more than one year after the cause of action has arisen.
Contract Term Renewal:
Following the initial contract term, this contract will automatically renew
monthly unless canceled by either party five (5) business days prior to the end of the billing cycle.
We reserve the right to change subscription rates at any time, and this contract will be subject to
the rates in effect at the time of renewal.
Entire Agreement: This Agreement 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.
Questions: If you have questions about this document, contact us via one of the methods
described on our Web site.
