Wireless Agreement of NMSURF.com

NMSURF.COM AGREEMENT  


CNSP, Inc. dba NMSURF.COM

PO Box 23120

Santa Fe, NM  87502

billing@nmsurf.com

505-896-4900 Albuquerque

505-986-1669 Santa Fe


Wireless Internet Service Agreement

By establishing an account or using the Services of CNSP Wireless, Inc. you agree to be bound by this Entire Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.  The following terms and conditions shall apply to all customers subscribing to CNSP Wireless Internet Service. This Agreement is part of and shall be incorporated into the Acceptable Use Policy. In utilizing CNSP Wireless Internet Service, Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy and this Agreement as CNSP Wireless may modify it from time to time. In the event of an

inconsistency or conflict between the Acceptable Use Policy and this Agreement, the provisions of this Agreement shall govern.


Payment Policies and Terms: This Agreement is effective on the latest signature date and is from the date Service is available to Customer under this Agreement, as evidenced by CNSP records (“Term”), or, thirty (30) days from the date that CNSP notifies Customer of Service availability, if the Customer causes delays in installation.  UPON EXPIRATION, SERVICE WILL NOT RENEW UNDER THE TERMS AND CONDITIONS AND SUBSCRIBER’S PLAN WILL REVERT TO MONTH TO MONTH PRICING.  IF SUBSCRIBER DESIRES TO STAY AT THE SAME TERM, CUSTOMER MUST SIGN ANOTHER AGREEMENT.  Month to month fees are subject to change upon thirty (30) days notice.   Subscriber shall be billed monthly for service one month in advance.  Payment by Subscriber shall be due to CNSP on the due date of the invoice. 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 invoice. Accounts remaining unpaid for thirty (30) or more days shall be deemed delinquent. Delinquent accounts shall accrue interest at 21.5% APR on all outstanding principle amounts until paid. Delinquent accounts shall be placed on “accounting hold” and services to the Subscriber shall be suspended until the account is paid in full. For any subscribers account that has been placed on suspended service there shall be due a Five Dollar ($5.00) reconnection charge to reactivate Subscribers Services after the arrearage has been paid.


A Twenty Five Dollar ($25.00) fee will be added to the subscriber account in the event of any bank returned check. In the event that more than one check is returned, we will only accept cash, credit card or certified funds for payment on the account.


Termination: Either Party may terminate this Agreement for cause provided written notice specifying the cause for termination and requesting correction within thirty (30) days is given the other Party and such cause is not corrected within such thirty (30) day period.  Cause is any material breach of the terms of this Agreement.  If CNSP terminates this Agreement for cause, or if Customer terminates this Agreement WITHOUT cause, Customer shall pay termination charges as defined  below.  If termination is prior to installation of Service, termination charges shall be those reasonable costs incurred by CNSP through the date of termination. If Customer disconnects all or part of Service after installation, Customer shall pay a termination charge of $300 if on a 2 Year Agreement or a $200 termination charge if on a 1 Year Agreement; plus the balance of all billed but unpaid recurring and all outstanding nonrecurring charges.  Subscriber is responsible for ensuring that all equipment leased from CNSP is returned within 30 days after termination of this agreement.  Failure to return leased equipment will result in an equipment charge of $450.00 or retail value of such equipment.  If subscriber requests that CNSP pickup leased equipment, subscriber agrees to pay CNSP a one time charge of $50.  Subscriber may terminate this Agreement by submitting a request for termination (email, fax, U.S. Mail) to the addresses or phone numbers listed in this agreement.  Termination of this agreement requires that all CNSP equipment be returned and once equipment is returned, termination will be 30 days after the request of such termination. Without prior notice, CNSP Wireless may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if CNSP Wireless, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable

user policies, or any Federal Laws governing Internet Use or if you fail to pay any charges when due.  CNSP Wireless 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 Services. Termination by CNSP Wireless for violation of CNSP’s Acceptable Use Policy shall be subject to the termination fee as described above.


Additional Fees: 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 in the standard install. Additional labor is billed at $100.00/hr.


Equipment and Scope of Work: All equipment, modems, subscriber modules, antennas and standard mounting equipment, will at all times remain the property of the subscriber during the subscription period.  Subscriber may lease or purchase the equipment.  If subscriber purchases the equipment, a one year warranty is applicable to said equipment.  CNSP’s warranty includes standard defects of the equipment due to the manufacturing of the equipment.  Warranties do not include surges, damages due to lightning, or any other damage that is not covered in defects due to manufacturing the equipment.  If subscriber leases equipment, subscriber is responsible for said equipment and must keep equipment in good working order.  If said equipment is damaged by wind, lightning, surges in electricity, or any other type of damage not covered by manufactures defects, subscriber agrees to pay for said equipment or file a claim against subscriber’s home or business insurance for the loss of equipment and subscriber agrees to reimburse CNSP for the retail value of the equipment.  Wireless Equipment will be installed on the roof of the subscriber.  In the event that wind, lightning or any other natural occurrence causes said equipment to directly or indirectly cause damage to the roof of subscriber, subscriber agrees that all equipment and property belonging or being leased by subscriber will be covered under subscriber’s home owner’s insurance policy.  In the event subscriber does not have insurance, subscriber will be responsible for replacing equipment and or damage to subscriber’s property.


Standard Maintenance: CNSP Wireless’ connection point ends at the Subscriber Module.  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 CNSP Wireless’s network and backbone connectivity.  If your connection ceases to function properly but CNSP Wireless’ network is still functioning properly, a technician will be sent to troubleshoot during normal business hours (9AM-4PM, 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 Maintenance: Maintenance, repair or replacement of parts damaged or lost through catastrophe, wind, 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, or faulty,

electrical power, operator error, or malfunction of Subscribers computer and/or peripheral equipment not installed by CNSP Wireless, or from any cause related to or other than the intended and ordinary use. Antenna re-aiming or relocation due to obstructions such as trees, vegetation or buildings, 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.


Indemnification/Release: Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release CNSP Wireless, 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, repair of, use of, or termination of CNSP Wireless’s services hereunder including but not limited to, Subscriber’s access to content uploaded or down loaded using Wireless service  from any source or to any recipient.  Subscriber further releases CNSP Wireless from

any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through CNSP Wireless’ systems and/or the wireless network. Subscriber’s release of CNSP Wireless includes any actions or inaction by CNSP Wireless, which amount to negligence. Subscriber further agrees to indemnify and hold harmless CNSP Wireless Inc. from and against any and

all claims, actions, causes of action, losses or damages including attorney’s fees, which in any way arise from Subscriber’s installation of, use of, termination of, CNSP Wireless’ services herein.


Disclaimer: CNSP Wireless assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via CNSP Wireless’ services.  CNSP Wireless discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by CNSP Wireless 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 of offensive content. Subscriber acknowledges to CNSP Wireless that its use of CNSP Wireless’ service to access information, content or other services is at it’s own risk.


Speeds:  CNSP does not guarantee that you will receive the speeds subscribed to due to the inherent nature of the Internet.  CNSP’s goal is to get you to at least between 50%-100% of your subscribed speed.  If at any time, you believe that you are not receiving at least 50% of your subscribed speed, a technician will troubleshoot your connection remotely and at that point will determine if a service technician will need to be sent to your premises.

Governing Law and Venue: The laws of the State of  New Mexico 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 Santa Fe, New Mexico


The customer assumes all liability of providing a computer or device capable of using IP over Ethernet.

Customer understands that it is their responsibility to ensure that customer has a computer capable of running IP over Ethernet.  Customer understands that a CNSP technician will attempt to connect one of customer's computers to the Broadband Wireless Service after installation.  If it is determined that the CNSP technicians laptop is capable of receiving the broadband wireless, but he cannot get customer's computer to connect to the Internet, and he determines that customer's computer has problems receiving IP over Ethernet, hourly troubleshooting charges may apply.  Customer understands that a CNSP technician will inform me of any additional optional service charges prior to beginning any work after the installation.  Customer further understands that CNSP technicians WILL NOT DRILL through adobe or concrete walls, in which case, customer may drill, or find an alternative route for the IP Ethernet Cable.


Entire Agreement: This Agreement constitutes the entire Agreement between the parties and no other representations or statement will be binding upon the parties. If any part of the 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.  Customer understands this is a legally binding contract.  Please provide the following information accurately.


Permitting and Landlord Approval: It is the Subscriber’s responsibility to obtain any required permits, homeowner associations approvals, mortgage grantors permission, or to grant or gain landlord approval for the placement of the antenna on the Subscribers building.  


Acceptable Use Policy

CNSP Wireless agrees to provide high speed wireless Internet to the subscriber listed below subject to the following terms and conditions:  This service is for single family residence, home-office, or Small Business use only. Internet sharing is allowed only within the boundaries of the residence. Allowing others to use this connection via wired, wireless (WiFi 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 WiFi hotspot with permission from CNSP Wireless, but this is only allowed on a case by case basis.  Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, reselling internet etc.) is prohibited.


Abuse of Services

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 or viruses or the use of the network to make unauthorized entry to their computational, information, or communication devices or resources of others is

a violation of this agreement. The use of CNSP services by Subscribers to modify, alter, reverse engineer, decompile disk, or disassemble any proprietary work in whatever form is a violation of this agreement. The constant, ie 24x7, running of any P2P program by a Subscriber is a violation of this Agreement. Any Subscriber deemed by CNSP Wireless to be in violation of this section is subject to immediate termination by CNSP Wireless. Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages.


Monitoring the Services

CNSP Wireless has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if CNSP Wireless, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its interests.  CNSP Wireless may immediately remove your material or information from CNSP servers, in whole or in part, which CNSP, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy.


Additional Clarifications, Terms and Conditions

Usernames, passwords and email addresses are CNSP Wireless’s property and CNSP Wireless may alter or replace them at any time.  CNSP Wireless 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 5 working days, your account will be credited for the outage.  CNSP Wireless cannot be held liable for any type of loss, whether actual or perceived, due to a lack of service.  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 of the outages.