Blue Mountain Digital High-Speed Internet ("Service") is an Internet access service. This Service Agreement ("Agreement") states the terms and conditions under which Blue Mountain Digital will provide the Service to the Customer. By using the Service, Customer agrees to be bound by the terms of this Agreement.
1. Equipment Needs for Provision of the Service
To use the Service, Customer must have a personal computer, a network interface, a modem and software.
1.1 Computer Equipment: The personal computer that Customer uses to access the Service must meet minimum configuration standards. Please refer to http://www.Blue Mountain Digital.com/products/highspeed/requirements.aspx for the current specifications.
Blue Mountain Digital does not support third-party hardware, including but not limited to home networks. Any questions concerning third-party hardware should be directed to the manufacturer of that hardware product.
1.2 Network Interface: When Blue Mountain Digital installs the Service, Customer will need a network interface card or adapter (for Windows 98 software or higher versions.) If Customer does not have a network interface, Customer may purchase one from Blue Mountain Digital. This interface will become Customer's property, even if Customer terminates the Cable Modem Service.
1.3 Cable Modem: Customer may purchase or lease the cable modem. If Customer leases the modem, Customer must return it to us at the end of the lease period. If customer purchases the cable modem, Blue Mountain Digital will download firmware to meet current requirements. Blue Mountain Digital currently supports many DOCSIS compliant standard cable modems. Please refer to www.BlueMountainDigital.com/products/internet/requirements.asp for the currently supported modems. Customer may use a cable modem purchased from a third party vendor, however the cable modem must be DOCSIS 2.0 compatible, also Blue Mountain Digital will not guarantee connectivity to third party vendor provided modem.
1.4 Software: At the time of installation of the Service, Blue Mountain Digital may provide Customer with common third-party software (a browser and plug-ins) to enable and enhance the Service. Blue Mountain Digital does not support third-party software. If Customer has any questions concerning third-party software, Customer should contact the software manufacturer directly.
1.5 Security: Blue Mountain Digital recommends that Customer read and follow its "Internet Security Using Blue Mountain Digital High-Speed Internet guide. A copy of the guide can be found on Blue Mountain Digital's website at www.Blue Mountain Digital.com, under Rules and Policies, and is incorporated into this Agreement by reference.
2. General Subscriber Responsibilities
Blue Mountain Digital requires that Customer comply with the terms of Blue Mountain Digital's Acceptable Use Policy. A copy of that Acceptable Use Policy can be found on Blue Mountain Digital's website at www.Blue Mountain Digital.com/site/policies.aspx#aup and is incorporated into this Agreement by reference.
3. Monitoring Internet Services and Privacy
4. Customer Payment Obligations
4.1 Monthly Service Fees: Blue Mountain Digital will bill Customer a standard monthly fee for the Service. Customer agrees to pay the bill by its due date. If Customer leases a cable modem from Blue Mountain Digital, additional monthly charges will apply. In addition, Customer agrees to pay all applicable taxes. Blue Mountain Digital may change the amount of the monthly fee or the modem rental fee upon thirty (30) days written notice. See section 8.5.
4.2 Installation Fees: Blue Mountain Digital will charge Customer an installation fee.
4.3 Late Fees, Collections Expenses and Termination for Unpaid Balances: If Customer's payments are not current, Blue Mountain Digital may impose a late fee and the Service may be disconnected without notice. Customer will also be liable to pay Blue Mountain Digital for all attorneys' fees, collection fees and other expenses arising from efforts to collect any unpaid balances on Customer's Account.
4.4 Service Call Fees: A nominal service fee may be charged when a service technician is required to remedy problems due to third party software and or hardware that is installed, maintained or used by the Customer.
4.5 Customer agrees that Customer is solely responsible for all charges for on-line services, products or information.
5. Disclaimer of Warranties and Limitation of Liability
5.1 No Warranty: Customer agrees that Customer uses the Service and any software and equipment supplied by Blue Mountain Digital at Customer's sole risk. The Service and Blue Mountain Digital equipment are provided on an "as-is basis," without warranties of any kind, including without limitation any warranties of non-infringement, fitness for a particular purpose and merchantability. Blue Mountain Digital does not warrant uninterrupted use of Service. Blue Mountain Digital does not warrant that the Service will be error-free, free of viruses or other harmful components. Blue Mountain Digital does not warrant that any data or files Customer sends or receives via the Service will be free from unauthorized access by others or that other users will be unable to gain access to Customer's computer.
5.2 Limitation of Liability/Exclusive Remedy: Blue Mountain Digital's entire liability and Customer's exclusive remedy with respect to the use of the Service or its software and equipment or any breach by Blue Mountain Digital of any obligation Blue Mountain Digital may have under this agreement shall be Customer's ability to terminate the Service or to obtain the replacement or repair of any defective software or equipment. In no event shall Blue Mountain Digital liability to Customer for any claim arising out of this Agreement exceed the amount paid by Customer to access and use the service for a period of three months. In no event shall Blue Mountain Digital be liable for any breach of warranty, direct, indirect, consequential, exemplary, special, lost profits, or punitive damages with regard to the installation, outage, maintenance, use, failure or removal of the Service.
5.3 Right of Entry and Damage to Customer's Home or Business Computer during Installation: Customer agrees to permit Blue Mountain Digital to enter Customer's home and property at reasonable times to install, connect, disconnect, repair or inspect the equipment used to provide the Service. Blue Mountain Digital will not enter Customer's home to install or repair Customer's cable system unless an adult is present in Customer's home at the time of the service call. Blue Mountain Digital shall not be liable for any damage, loss or destruction to Customer's home or Customer's computer equipment during installation, including but not limited to any damage to, or loss or destruction of, any hardware, software, files or data.
5.4 Damage to Equipment Owned by Blue Mountain Digital: All equipment provided by Blue Mountain Digital shall remain its sole property throughout the term of this Agreement. Customer agrees that Customer will not sell, transfer, lease, assign or otherwise encumber any equipment leased by Blue Mountain Digital to Customer. Customer agrees to pay the full retail cost for the repair or replacement of any lost, stolen, damaged or unreturned Equipment, together with any costs incurred by Blue Mountain Digital in obtaining or attempting to regain possession of leased equipment.
5.5 Force Majeure: Customer agrees that Blue Mountain Digital will not be liable for any inconvenience, loss, liability or damage resulting from any failure or interruption of service, directly or indirectly caused by circumstances beyond its control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of the Service.
5.6 Mailbox Deactivation: Customer agrees that if Customer does not access a Blue Mountain Digital mailbox for a period of six months, Blue Mountain Digital may deactivate the mailbox. Customer understands that Blue Mountain Digital will delete the contents of the mailbox, if any, at that time. After that time, Customer may still retain the e-mail address and reactivate the mailbox at any time.
7. Termination of Blue Mountain Digital High-Speed Internet
7.1 Customer's Right to Terminate the Service: Customer may terminate the Service at any time by calling Customer's local customer service department. Upon termination, Customer agrees to pay any outstanding account balance and Customer will return any leased equipment to Blue Mountain Digital’s office within thirty (30) days of termination of account. If Customer does not return leased equipment within thirty (30) days of the date of termination of Customer's account, Blue Mountain Digital will add a charge to Customer's account balance for the full retail value of the leased equipment, which Customer failed to return.
7.2 Blue Mountain Digital's Right to Terminate the Service: Blue Mountain Digital may terminate or disconnect the Service at any time without prior notice if:
(a) Customer fails to monthly service charge's when due. If Customer is disconnected for failure to pay, Customer will be charged a reconnection fee.
(b) Customer violates any provision of this Service Agreement.
7.3 Rights Upon Termination: In the event that Customer's account is terminated or cancelled, no refund, including any fees Customer paid to Blue Mountain Digital, will be granted. No online time or credits will be payable to Customer. Moreover, Blue Mountain Digital will not be responsible for the return of data stored on our servers such as web and e-mail addresses.
Blue Mountain Digital has no obligation to reconfigure Customer's computer without charging a service call.
8.1 Entire Agreement: This Agreement and the schedules referenced in this agreement constitute the entire agreement with respect to the Service. This Agreement supercedes and nullifies all prior understandings, promises and undertakings, if any made orally or in writing by or on behalf of the parties with respect to the subject matter of this Agreement.
8.2 No Rights or Remedies for Third Parties: This Agreement is not intended to give and does not give any rights or remedies to any person other than Customer and us.
8.3 Governing Law: This Agreement and all matters arising out of or related to this Agreement will be governed by the laws of the State of Oregon, without regard to conflicts of law provisions. Customer agrees that the federal and state courts of Oregon alone have jurisdiction over all disputes arising under this Agreement and Customer consents to personal jurisdiction of those courts.
8.4 Sever ability: If for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permitted by law.
8.5 Changes to the Agreement: Blue Mountain Digital may change, amend, alter, or modify this Agreement at any time. Blue Mountain Digital may notify Customer of any change either by posting that change on Blue Mountain Digital's website (www.Blue Mountain Digital.com), by sending Customer an e-mail or by U.S. mail. If Customer continues to use the Service after notice has been made of a change, Customer agrees to accept those changes.
8.6 No Assignment: Customer may not assign this Agreement or Customer's rights or obligations under this Agreement without Blue Mountain Digital's prior written consent.
8.7 Waiver: Except as otherwise provided herein, the failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
8.8 Contact Information:
The name, address and telephone number of the provider of the Service is:
Blue Mountain Digital
P.O. Box 267
Mount Vernon, OR 97865-0267
Complaints, questions or concerns regarding High Speed Internet may also be directed to the above address.
Charges to Customer imposed by Blue Mountain Digital for use of the Service are as follows:
Current rates for using the Service are in our Pricing Schedule, which is provided with the installation kit, may be included in our Services Guide and may be posted at our website. We reserve the right to change fees, surcharges, and monthly fees or to institute new fees at any time, all pursuant to Section 4 of this Agreement.
Customer ______________________________ Date ____________________