This Wireless Internet Service Agreement ("Agreement") is made and entered into as of by and between:
("Subscriber") and OCS Networks Inc ("Provider"), a Wisconsin Corporation.
whereas:
Provider will provide Wireless Internet Access Service ("Internet") to Subscriber, consisting of services
and access to data communications equipment that provides access to the global computer network known
as the Internet via a wireless transmissions signal.
1. Subscriber's access will be limited by routine maintenance, use of Internet by other subscribers, weather
conditions, acts of GOD and other unforeseen circumstances. Further, access may be limited by conditions
affecting the Internet at locations not owned by this provider.
2. Internet may only be used for lawful purposes. Transmission of any material in violation of any U.S.,
state, or local regulation is prohibited. This includes, but is not limited to : copyrighted material,
material legally judged to be threatening or obscene, or material protected by trade secret.
3. It is agreed that both parties that Provider has no ability to regulate any types of information,
content, material or data ("content") sent or transmitted by Subscriber, nor regulate any types of
content Subscriber may view, receive or otherwise download. Consequently Subscriber agrees to
indemnify and hold harmless Provider from any claims resulting from Subscriber's use of the
service that damages Subscriber or another party. In part, this means Subscriber is responsible for
the use of the Internet by all parties accessing the Internet though Subscriber, such as employees,
agents, and non-employees and non-agents otherwise allowed access.
4. The Subscriber agrees to indemnify Provider against liability for the actions of each person to
whom it allows to use the services provided by this Agreement. Any access to other networks connected
to provider must comply with the rules appropriate for that other network. Use of the Internet itself
may only be for any lawful purpose.
5. Connectivity is provided for Subscriber only. Resale or use of the connection by another user or
organization is prohibited. This includes, but is no limited to, providing website hosting services
by Subscriber.
6. Hardware : The Provider is responsible for providing standard equipment and the Subscriber is
responsible for providing all communications equipment and software necessary to access the Internet.
Provider may choose to assist in acquiring equipment.
All Subscriber hardware through Provider is guaranteed by manufacturer's warranty; service call,
labor fees, and replacement hardware charges will be billed accordingly.
Wireless Modems are leased to the Subscriber at the rate of $5.00 per month during at which when
Subscriber or Provider terminates service, Subscriber must return the Wireless Modem to Provider.
If Subscriber does not return the Wireless Modem within 60 days of termination of services,
Subscriber will be billed $350 as a result of un-returned equipment fee.
Radio equipment remains the property of OCS Networks Inc.
7. Obligations to service : Provider is responsible for providing the installed site with Internet service.
Connectivity issues related to router, computer or other peripheral devices using the Internet are not the
responsibility of Provider; the Subscriber is solely responsible for the care of and maintenance of such.
Provider will not troubleshoot devices beyond the radio system.
8. INSTALLATION : Subscriber may request Provider to install Wireless Modem at Subscriber's premises for
the charges indicated on the estimation form; if Subscriber is in a rental property, it is the responsibility of
the Subscriber to obtain written permission from Landlord for any work inside or outside that may be done.
9. Provider's Internet services are for Subscriber's use only.
Subscriber may have as many terminals accessing the Internet as Subscriber desires,
as long as said terminals are located on Subscriber's premises.
10. Internet Security is the sole responsibility of each Subscriber to protect their computer(s), data and network
accessibility (such as file sharing). Firewalls are a must to protecting your "always on" connection. Connections
such as Dial-Up will automatically assign an IP each time you access the Internet. With an "always on" connection
you will be assign an IP, which makes it easier for an attacker to find you. Firewalls (software or hardware) protect
your computer by reading incoming data. Software firewalls run off your operating system (some available for free)
allow you to give authorization to requests being made from outside sources. Hardware firewalls are independent of
computer operating systems and resources, are able to connect to more than one computer at a time and are
generally more reliable.
11. OCS Networks Inc reserves the right to change the rates and otherwise modify these Terms and Conditions
at its discretion. The latest version of these terms will be provided to Subscriber upon request from the staff at
OCS Networks Inc or by visiting https://www.ocs-networks.com/?r=Policies
12. OCS NETWORKS INC MAKES NO WARRANTLY EITHER EXPRESS OR IMPLIED REGARDING THE QUALITY
OF THE INTERNET ACCESS TO BE PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO : THE CONDTION,
MERCHANTIBILITY, FITENESS, ADAPTAILITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE OF THE INTERNET
ACCESS SERVICE. THE INTERNET ACCESS SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER
OCS NETWORKS INC NOR ANYONE ELSE INVOVLED IN CREATING, PRODUCING OR DELIVERING THE INTERNET
ACCESS SERVICE OR INABILITY TO USE THE INTERNET ACCESS SERVICE. THIS INCLUDES LOSS OF DATA RESULTING
FROM DELAYS, NONDELIVERIRES, YOUR OWN ERRORS OR OMISSION. USE OF ANY INFORMATION OBTAINED VIA
OCS NETWORKS INC IS AT YOUR OWN RISK. OCS NETWORKS INC SPECIFICALLY DENES ANY RESPONSIBILTY FOR
THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS SERVICES.
13. CANCELLATION : If Subscriber chooses to discontinue service from Provider, notice must
be given to Provider and a refund will be given for any unused portion of service. Any and
all hardware must be returned to OCS Networks Inc within 60 (sixty) calendar days or a fee
of $350.00 (three hundred and fifty dollars) will be assessed to Subscriber for leased equipment.
OCS Networks Inc retains the right charge the credit card on file and/or place Subscriber in
collections if equipment is not received within this time frame.
14. Accounts with outstanding balances will be assessed a late charge of five dollars.
Accounts over 15 (fifteen) days outstanding will be subject to suspension of services;
a $35 (thirty five dollar) reconnect fee will be due plus account balance to restore
service. No credit will be given for time service was suspended. Payments to OCS Networks
Inc are non-refundable. No refunds will be given for cancelled accounts unless the account
is clearly defective and non-working. Cancellation of accounts can be made to OCS Networks Inc
by phone, or online and will terminate at the end of the account period.
15. Provider may, in addition, and at its sole discretion, and without notice to Subscriber
(a) suspend its performance under this Agreement and Subscriber's access to use of the
Internet or (b) terminate this Agreement and Subscriber's access to and use of Internet,
in which case the remainder of this Agreement shall be deemed void. OCS Networks Inc reserves
the right to change the rates and otherwise modify these Terms and Conditions, which will be
made available upon request of the Subscriber. It is the Subscriber's responsibility to
regularity familiarize themselves with this Agreement. Violation of the Terms of this Agreement
by Subscriber may cause suspension or termination of Internet services by OCS Networks Inc.
16. The laws of the state of Wisconsin will govern this Agreement. Any claims or cause of
actions related to this Agreement must be instituted within one year after the claim or
cause of action has arisen or be considered forever barred. The invalidity of any portion
of any provision of this instrument shall not affect the validity of the remainder of any
such as provision or the remaining provisions of the Agreement.
17. Any actions or claims arising under this Agreement shall be venued in Clark County, Wisconsin.
18. Both parties are responsible for their own attorney's fees and costs associated with the
creation, negotiation and execution of this Agreement. Each party shall be responsible to the
other for any attorney's fees and costs associated with enforcing that parties rights under
this Agreement, if successful in any court action or arbitration associated with enforcing
said rights.
18. Notices under this Agreement shall be given to :
OCS Networks Inc
Subscriber