SkyHi Broadband Terms and Conditions of Service (v2017)
1. SERVICES - SkyHi Broadband (“SkyHi”) operates as a Wireless Internet Service Provider (or WISP) and will provide Internet Access (“Services”) on our private network to you (“Subscriber”) as indicated in this Subscriber Agreement (“Agreement”) under the Terms and Conditions of Service (“TOS”) listed below:
A. AVAILABILITY – Services will be available to the Subscriber 24 hours per day, 7 days per week, where possible. SkyHi will ensure an uptime for a minimum of 97% of the time over an average annual basis, not including regularly scheduled maintenance and repair.
B. E-MAIL – SkyHi requires all Subscribers keep an active and current E-mail address on file for billing purposes, notification of network maintenance schedules affecting Services, or to provide information of any changes to the Terms and Conditions of Service.
C. UTILIZATION – The Services may be utilized by the Subscriber for any legal purpose. Any Subscriber using Services for illegal, unethical, and/or restricted activities will be Terminated as prescribed herein. Services are limited to the Subscriber at the Service Address listed on the Agreement and the unauthorized use by any persons, with or without the knowledge of the Subscriber, may subject the Subscriber to Termination.
D. FAIR USE POLICY (DATA USAGE) – SkyHi utilizes weekly reporting to determine total data usage on the SkyHi Network. SkyHi will calculate an “average use” per Subscriber based on this reporting. In cases where Subscriber utilizes an egregious amount of data usage per billing cycle (more than 2x the “average use”) SkyHi reserves the right to limit or throttle speeds and restrict access to Subscriber Services upon written or verbal notice. SkyHi will work with Subscriber to find solutions to excessive data usage that negatively affects the SkyHi Network. All “Cloud” services and web servers including, but not limited to, peer-to-peer file sharing (i.e. Torrents), streaming multimedia appliances (i.e. online multiplayer games, applications like Netflix, hi-res cameras), or any other algorithmic system designed to provide data services to users or devices outside the Subscriber’s premises are authorized on an individual basis for use on the SkyHi Network. In order to ensure a minimum level of reliability and performance to span our network, SkyHi reserves the right to limit and restrict access to such programs.
E. TECH SUPPORT – Tech Support is limited to confirmation, or the restoration, of your Services. This Agreement does not include technical support for Subscriber-owned devices such as routers, desktops, laptops or other IP devices and VoIP systems located on the Subscriber’s Premises and connected to the Services. Technical Support will be available from 9:00am to 5:00pm Monday through Friday, except legally recognized holidays.
2. EQUIPMENT – SkyHi will determine which devices (FCC Part 15), configuration, wiring and mounting hardware is most appropriate for the Subscriber to receive Services. All Equipment, including wiring and hardware, furnished to the Subscriber to provide Services shall remain the property of SkyHi for the duration of this Agreement .
A. OUTDOOR ANTENNA (MODEM) - In order to provide the Services to the Subscriber, an outdoor Antenna will be required in most cases. SkyHi provides a
single access port for Services, known as the Point of Demarcation, which will be labeled “LAN” on the Antenna power supply.
B. CONNECTED DEVICES (ROUTERS) - Subscribers will be required to supply their own Wi-Fi router. SkyHi may recommend routers from time to time but will not be responsible or Guarantee the recommended router’s lifespan, or its fitness for the intended purposes.
C. ACCESS - The Subscriber shall grant unto SkyHi the full and unencumbered Right of Access, including ingress and egress, to the Equipment located on the Subscriber’s premises during normal and/or reasonable business hours for any and/or all purposes relating to the Installation, Inspection, Maintenance, Repair, Upgrade, and/or Removal of SkyHi Equipment as herein prescribed.
D. LIABILITY - The Subscriber is Liable for any and/or all expenses incurred to Repair or Replace the Equipment (i.e. Antenna, Wire) due to any unauthorized action(s) by anyone, including animals (i.e. puppy wire-chews), after the initial Installation. Surge protection is recommended for all Equipment.
3. INSTALLATION - SkyHi does require Installation of Equipment in order to receive the Services. The Installation or Start-Up is non-refundable after 15 days.
A. LOCATION - The Equipment that provides the Services to the Subscriber must remain in the same location (in the same fixed position) at the time of Installation. Services may become unavailable and charges incurred after the date of Installation if the Antenna is moved out of alignment, or the original signal pathway becomes obstructed due to factors out of the control of SkyHi (i.e. tree growth, new construction, etc).
B. ATTACHMENTS - SkyHi may have to drill holes to penetrate the building materials of the Subscribers premises and structures (homes) in order to complete the Installation of the Equipment and provide the Services. See Section 9(A) regarding Disclaimers.
C. RESPONSIBILITY - The Subscriber is Responsible for the Equipment and shall not permit the Equipment to be moved, removed, relocated, altered, repaired, obstructed, reset, reprogrammed, and/or damaged in any way without the consent of SkyHi.
4. ACTIVATION – Activation, or Start Date, of the Services begins after Installation of Equipment is complete and all Services as prescribed are available to the Subscriber.
5. DURATION - The terms of this Agreement shall automatically continue on a month-to-month basis until Terminated by the Subscriber or SkyHi.
6. BILLING - An Invoice for Services will be sent to the Subscriber E-Mail Address on file 15 days prior to the monthly Due Date. SkyHi charges for the Services in Arrears, getting Payments for Services after they have been delivered to Subscribers.
A. MONTHLY FEE—The Subscriber shall pay SkyHi a Recurring Monthly Fee for Services.
B. PAPER BILLING—Subscriber’s can request a paper bill for an additional $1 month to cover the cost for postage and handling.
C. OVERAGE FEES—Additional Fees may be assessed to Subscriber Accounts if they go over the allotted amount of data usage provided under this Agreement. These fees will be based on calculations governed by the Fair Use Policy at the sole discretion of SkyHi, and may be subject to change upon notice.
D. SERVICE INTERRUPTIONS - In the event that the Services are interrupted due to a network outage and cannot be restored in a timely fashion, a Service Credit may be given and deducted from the Recurring Monthly Fee. Service issues of any type must be brought to the attention of SkyHi immediately in order for any Service Credit to be considered. SkyHi is not responsible to Subscriber for lost wages during Service Interruptions. See Disclaimer Section 9(A).
E. DISPUTED BILLING- Questions or concerns regarding your SkyHi account, fees, or payments should be brought to our attention within thirty (30) days of the current billing cycle. You may call our Office at 916-644-3300, or send an e-mail to email@example.com.
F. RELIEF - The act of advising SkyHi of a billing dispute or service issue does not relieve you of the obligation to pay the non-disputed portion of your bill in a timely manner. Failure to remit the undisputed portion of the bill could result in the assessment of additional fees. In the event SkyHi imposes a charge due to our error, applicable charges and fees will be reversed and credited accordingly to the Subscriber’s account.
7. PAYMENTS - It is the responsibility of the Subscriber to pay the amounts listed on the Invoice(s) by the Due Date. If Payment is not received on the Due date, SkyHi has the right to Suspend and/or Terminate your Services without further notice. A Statement of Subscriber’s current account status will be E-mailed upon request.
A. DUE DATE – Monthly Fees are Due on the Anniversary Date of Installation and/or Activation. For any Due Dates that do not occur in the billing cycle, those Payments will be due on the 1st of the Month.
B. LATE FEE – If payment is more than 15 days Past Due for the Monthly Fee, Subscribers will be subject to a Late Fee of $10.
C. SERVICE SUSPENSION – If Payment is more than 30 days late, the Account will be subject to Suspension and the Services will be turned off until the balance is paid or a Payment Plan has been agreed to by both the Subscriber and SkyHi.
D. SERVICE RESTORATION - If an Account is Suspended (or Serviced Disabled), the Subscriber must pay all Charges Past Due plus a Restoration Fee of $19.
E. SERVICE DEACTIVATION - If Payment is more than 60 days late, the Services will be Deactivated and the Equipment collected. Deactivation does not relieve the Subscriber from the responsibility of any fees rightly due SkyHi for Services already delivered.
8. TERMINATION / CANCELLATION - This Agreement can be Terminated at any time, for any reason, by the Subscriber or SkyHi.
A. CANCELLATION NOTICE - A Cancellation Notice can be an Email communication sent from the Subscriber's Email Address on file, or by a written letter with Subscriber’s signature sent by certified mail requesting the Cancellation of Services. Verbal Cancellation Notices of any type will not be honored.
B. FORCED TERMINATION - This Agreement can be terminated by SkyHi without notice for any violations of this Agreement and if any charges Due have not been paid in full before the next billing cycle.
C. EQUIPMENT POSSESSION - Upon the Termination of this Agreement by the Subscriber or SkyHi, any and/or all of SkyHi’s Equipment located on and/or within the Premises of the Subscriber must be returned into the Possession of SkyHi upon demand (Section 2c).
D. EQUIPMENT LIABILITY - The Subscriber shall be held Liable for full replacement value of any Equipment not released to SkyHi in reusable Condition on or after the Termination Date. If you’re moving, you must notify SkyHi to arrange the removal and collection of Equipment inside and/or outside the Premises.
E. FEES and CHARGES - The Termination of this Agreement by the Subscriber or SkyHi shall not relieve the Subscriber of any and/or all charges due to SkyHi as herein prescribed.
9. DISCLAIMERS - The Service is provided on an 'as-is' basis, with no guarantee of fitness for the intended purpose(s) (i.e. VoIP services may not work properly using a fixed wireless connection). Service Interruptions or Outages can occur at inconvenient times, and Services are recommended for non-critical applications only. Applications that require 99.999% uptime should have a back-up internet access source if cases when SkyHi Services are unavailable.
A. INDEMNITY - Subscriber shall have no legal recourse other than service credit and shall Indemnify and Hold Harmless SkyHiCorp, and/or any authorized representatives thereof, for any related and alleged damages including, but not limited to, property damage, personal injury, loss of revenue, and/or any other losses and/or damages beyond the control of SkyHi resulting from the Installation and/or Utilization of SkyHi Equipment and Services on the Subscribers premises.
B. FORCE MAJURE - The unenforceability of any portion of this Agreement shall not render any remaining portions hereof unenforceable. This Agreement is binding upon any Heirs and/or Assigns of either Party hereunto.
C. SECURITY / VIRUS PROTECTION - The Subscriber is responsible for the security of their Local Area Networks and Devices, and for the Protection against unwanted software and shall relieve SkyHi of any liability for any losses and/or damages resulting from network security breaches, computer viruses, spy-ware and/or any other malicious software infecting any Subscriber-owned hardware or software.
D. ARBITRATION - The Subscriber agrees to have any unresolved disputes to be arbitrated in accordance to the rules set forth by the American Arbitration Association and any costs incurred due to any such arbitration shall be paid solely by the prevailing party.
SkyHi is providing you its services subject to these Terms and Conditions of Service. It supersedes any prior agreements between you and SkyHi with respect to its subject matter. SkyHi may modify this Subscriber Agreement at any time, and any such change shall take effect at the time stated (“the Effective Date”) in the Notice sent to the Subscriber. If any such changes are unacceptable to you, you may terminate the Subscriber Agreement as proscribed herein. The continued use of SkyHi Services after the Effective Date will constitute your acceptance of any such changes.