1. Customer shall abide by all the terms of all PenTeleData policies including the PenTeleData Residential Service Agreement (RSA) and Acceptable Usage Policy (AUP) as they may change from time to time. The Acceptable Usage Policy is located at http://www.ptd.net/tiki-index.php?page=policies. If you do not agree to all of the terms of the RSA and AUP, contact BRC immediately and terminate your agreement. Any prepayment or installation fees will be refunded to you. Use of the service indicates agreement with all terms and conditions of the RSA and AUP.
2. Customer shall use the cable modem for Internet access for no more than five computers located within the same residence only. Customer shall not lease or sublease or provide Internet access to others through the use of the cable modem or otherwise. Use of Servers of any kind is prohibited. Servers include but are not limited to ftp servers, mail servers, and web servers.
3. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER BRC, PTD NOR ANY LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PTD, BRC, THEIR AGENTS, EMPLOYEES MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. SPECIFICALLY, THERE IS NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED HEREUNDER. PTD, BRC, ITS EMPLOYEES, AFFILIATES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS AND ASSIGNS SHALL NOT BE RESPONSIBLE FOR LOST, STOLEN, OR DAMAGED EQUIPMENT, WITHOUT LIMITATION, PTD and BRC SHALL NOT BE HELD LIABLE FOR LOSS OF ANY SOFTWARE, HARDWARE OR DATA, IN WHATEVER FORM STORED ON ANY COMPUTER EQUIPMENT ONTO WHICH A CABLE MODEM AND ASSOCIATED EQUIPMENT IS INSTALLED. IT IS THE CUSTOMERS RESPONSIBILITY TO BACK UP ANY AND ALL DATA, AND SOFTWARE PRIOR TO THE INSTALLATION OF THE CABLE MODEM AND ASSOCIATED EQUIPMENT.
4. Additional Charges: Customer is subject to additional charges including, but not limited to, excess PTD storage charges, returned check charges: $20, non-pay reconnect fee and transfer to another address (billable labor charges).
5. Email boxes: PenTeleData provides Customers with up to 5 email boxes per account. Any email box that is inactive for six consecutive months will be deleted. Any email within an inactive email box is probably spam and will be automatically deleted without inspection along with the email box. Once deleted, the email address associated with the email box will be deleted and become available for assignment to other customers. An email box is inactive if it has not been checked in 6 months, does not have an email forward associated with it and is not the primary login for a dial-up account. If you intend to keep a mailbox active you may do so by retrieving email from within the email box at least once every 6 months. PenTeleData is not responsible for any loss of any kind because of the deletion of boxes or the email inside. If your email box is deleted for inactivity, you may contact Customer Service at 800.281.3564 to have the email box reinstated if the email address is still available.
6. PTD and BRC shall not be liable to Customer for any damages arising from any event that is out of the control of PTD or BRC. Neither shall PTD BRC be liable for indirect, special, incidental, exemplary, consequential, or any other form of money damages, including but not limited to, lost profits, or for the loss of data or information of any kind, however caused and arising out of or in connection with the performance of PTD or BRC or the provision of services or performance hereunder, whether based in contract, tort, or any other legal theory, and whether or not PTD or BRC has been made aware of the possibility of such damages. In no event shall liability exceed a refund of amounts actually paid by Customer for the then current year.
7. Broadband Bandwidth: Customer acknowledges that the bandwidth provided by PTD and BRC is a shared service. Any quoted bandwidth rating/transfer rate for High Speed Internet Service is a maximum rate and not guaranteed and may be available but only on a burst basis, and service may not be continuous. Factors such as network congestion and Customer's modem settings can affect service speeds. PTD and BRC reserve the right to manage its Networks to provide for maximum efficiency. BRC offers multiple tiers of high speed Internet access with different speeds and bandwidth usage limitations (not all packages are available in all areas). As a user, you must ensure that your activities do not improperly restrict, inhibit, or degrade any other user?s use of the service or BRC's ability to deliver and monitor the service and do not represent (in the sole judgment of BRC) an unusually large burden on the network itself. Users found to be (in BRC's sole judgment) users of excess bandwidth may have their accounts terminated, suspended, or offered an upgraded to a higher level of service, subject to the appropriate fees. BRC will use reasonable efforts to notify a customer prior to service termination for excessive bandwidth use.
Current monthly bandwidth limits:
Web Surfer: 150 GB combined total of download and upload per month during peak time
G5: 250 GB combined total of download and upload per month during peak time
G10: 250 GB combined total of download and upload per month during peak time
G15: 250 GB combined total of download and upload per month during peak time
G30: 250 GB combined total of download and upload per month during peak time
G50: 250 GB combined total of download and upload per month during peak time
A charge of $1.00 per GB will be charged over the peak time limit. Currently peak time is defined as 5pm - 1am. During off-peak time, bandwidth usage is unlimited. Policy subject to change.
to check your bandwidth usage.
8. Customer hereby certifies that he or she is 18 years of age or older and will not use this service to conduct any illegal activity.
9. Customer hereby indemnifies and will hold harmless, PTD, BRC, its successors and assigns, from any and all copyright, trademark, patent or any other legal liability arising out of the use of this service.
10. Account holder owned equipment: Customers may purchase cable modems from BRC or from other sources. BRC cannot and does not guarantee that any cable modem that is not purchased from BRC will work properly within the BRC cable system. BRC will offer reasonable assurances that modem purchased from BRC will work in certain areas of the cable system. Before purchasing a modem from BRC, you must check with your local office to determine if your cable modem will work at your residence. BRC will refund the purchase price of a modem sold by BRC upon return of the cable modem in an undamaged condition within 15 days of the sale if the modem does not work due to system failures. Otherwise any warranty applies (Paragraphs 13 & 14 do not apply to purchased equipment).
11. Breach of this Agreement by Customer may result in immediate termination of services in addition to liability for any and all damages, including attorney fees and costs.
12. Company Equipment: You have been issued a cable modem and associated equipment for the account holders use while the account holder is a subscriber in good standing with PTD and BRC. The cable modem and associated equipment is the property of BRC and may not be relocated from the account holder's address without consent of BRC. If any service with BRC or with PTD is terminated for any reason, you must immediately return the modem and associated equipment in an undamaged condition to BRC at the nearest BRC office. If the modem and associated equipment is not immediately returned upon termination, you will be assessed a charge of the current retail value of the equipment, plus collection costs.
13. Responsibility for Equipment: From the time the cable modem and associated equipment is provided until it is returned, you are responsible for it. If it is lost, stolen or damaged under any circumstances after it is provided until it is returned, regardless of fault, you shall be responsible for all charges, including labor costs, to replace or repair the cable modem and associated equipment.
14. Receipt of Equipment: As the account holder, you are primarily liable for the cable modem and associated equipment upon signing this Agreement. For your convenience, if you are unavailable at the time of scheduled installation, you may appoint any creditworthy person over the age of 18 to accept the modem and associated equipment on your behalf. The installer will require an equipment acknowledgement from that person at the time of the installation. This will not relieve you of responsibility for the modem and associated equipment. Therefore, it is important that you select someone trustworthy to be at the installation appointment.
15. Customer shall use reasonable efforts to minimize unnecessary network traffic and interference with the work of other users of interconnected networks. BRC and PTD reserve the right to terminate service, if in PTD & BRC's sole determination customer utilizes excessive bandwidth.
16. BRC and PTD are not responsible for any telephone charges associated with the use of this service. It is solely the Customer's responsibility to establish and/or confirm that any dial-in access number is toll free to the Customer before the Customer uses the service whether the Customer is given a dial-in access number by PTD or BRC.
17. This agreement is and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements made and performed in Pennsylvania. Any cause of action of a Customer or its designated user with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.
18. The Service is provided to the named applicant (Customer) for their private non-commercial use.