Terms of Service

Ridgetop Networks Terms of Service


Definitions

Customer, you, your: A person, company or organization who subscribes to a service provided by Ridgetop Networks
Service: Any service provided by Ridgetop Networks
Equipment: Any hardware or device provided by Ridgetop Networks for use by a customer
Ridgetop Networks, we, us, our: Ridgetop Networks LLC, Mansfield, MO

What is this Document?

This document contains your Terms of Service. It is an agreement between you and Ridgetop Networks, explaining the rights and responsibilities of Ridgetop Networks and you as a Ridgetop Networks customer.

By signing this document, you agree to abide by all terms contained herein. Terms of Service may be changed at any time. You will be notified of all changes, and continued use of our Service will constitute acceptance of the updated terms. If you breach this agreement, we may suspend or disable some or all of your Service, at our discretion.

Acceptable Use Policy

We reserve the right to suspend or terminate Service for reasons including, but not limited to, the following: theft of Service, hacking, spamming, virus distribution, abuse, or failure to follow applicable state or federal laws. Ridgetop Networks is a shared service, and excessive use during peak times hurts everyone. Please schedule peer-to-peer programs (BitTorrent, LimeWire, etc) to download between the off-peak hours of 12am-6am, and limit them to 35 global connections. While Ridgetop Networks does not set firm limits regarding the use of Service, usage habits which disrupt our other customers may result in a warning, suspension or termination of Service.

Ridgetop Networks' Responsibilities

Ridgetop Networks agrees to provide you with the Service and required special Equipment, provided that you comply with all the terms and conditions of this agreement. Ridgetop Networks also agrees to maintain the Equipment provided by us. We will do our best to provide uninterrupted Service. However, like any other communications service provider, the Service may experience temporary slowdowns or interruptions caused by overload, abuse, Equipment modifications, upgrades, repairs, disasters and other factors. By your request, you may receive a pro-rated refund for Service outages exceeding 2 hours, beginning at the time you notify us of the outage. Refund requests must be received in writing (by mail or email) within 7 days after the end of an outage. Refunds are not available if the outage(s) are caused by customer-owned equipment, or by the customer's negligence.

Service is provided to the "termination point" of the Equipment supplied by Ridgetop Networks. In standard installations, this is the "LAN" Ethernet port on the power supply that powers the outdoor Equipment. If we determine Service to be functional at the termination point, Ridgetop Networks' Service is considered operational, even if problems with your personal network and/or devices prevent access to our Service. Ridgetop Networks is not responsible for equipment connected beyond the termination point.

You are entitled to technical support for the Equipment or Service via phone or email – provided on a first come-first served, best-effort basis, with businesses receiving priority support. If we are unable to take your phone call, you should leave a detailed voice message with your name, phone number and a brief description of the problem(s) you are experiencing. Support cannot be provided without a legible voice message or email. If we are asked to provide support or repair for software or hardware that is not supplied by Ridgetop Networks, a callout charge and labor charge may apply.

If you decide to cancel your Service within the first 30 days of original connection date, you will be refunded 100% of any payments you have made to us, subject to this agreement. To be eligible for a refund, you must return the Equipment in good condition.

Home/Business Networks

You may access the Internet via Ridgetop Networks from multiple computers. Your network is not part of your Ridgetop Networks Service or Equipment. By accepting this agreement, you explicitly acknowledge that Ridgetop Networks is not obligated to provide technical support for equipment or software that is not part of the Ridgetop Networks Service or Equipment, and you consent to being billed for repair service related to that equipment or software. Allowing someone to connect to your home network from outside your premises and use your Ridgetop Networks Service is strictly prohibited. If you do this, we will close your account and you will be billed for the retail value of the prohibited use. You are responsible for any improper use of your Ridgetop Networks Service, whether or not you are aware of this use. For this reason, we recommend that you secure any wireless networks.

Equipment Installation and Access

You authorize Ridgetop Networks' employees or contractors to access your premises to install, maintain, inspect, and repair the Equipment, or remove it in the event of non-payment or service cancellation. This includes, but is not limited to, coming in your house and/or climbing on your roof. We will attempt to arrange a time that is convenient for both you and a Ridgetop Networks' employee. When the Equipment is installed, it may be necessary to pierce your roof and the exterior of your home. When removing Equipment in the event of non-payment or Service cancellation, mounting hardware, wires and cables may be left in, on, or attached to where they were originally placed.

Ownership and repair of Equipment

Ridgetop Networks agrees to maintain the Equipment in working condition for the lifetime of this agreement. In case of Equipment failure, Ridgetop Networks will troubleshoot, diagnose, repair, or replace the Equipment on a best-effort basis. In some cases diagnosing and repairing Equipment can take more than 48 hours.

All Equipment supplied by Ridgetop Networks, except for any item that you buy and pay for in full, remains the property of Ridgetop Networks. You may not mortgage, sell, transfer, lease, encumber, or assign all or part of the Equipment. If you do so, or lose or break the Equipment, you must pay Ridgetop Networks the full retail cost of the repair or replacement. You will not modify, tamper with, or move the Equipment. If you need the Equipment moved, you must contact Ridgetop Networks and ask to have the Equipment moved for you. You may be charged for the callout, labor and materials required to move the Equipment. If Equipment, including network components, is moved or modified by anyone other than Ridgetop Networks personnel (employed or contract), and damage to the Equipment results so that Ridgetop Networks personnel or contractors are called out to your location to repair or replace it, there will be a labor charge for the visit.

Payment

A bill is considered paid when we receive your payment. Ridgetop Networks reserves the right to modify the rates, fees and Service features at any time. You will be notified of price changes at least 30 days before the changes take effect.

Non-payment

Prepaid accounts will be disconnected after the due date of any unpaid invoice. If the account remains unpaid, Ridgetop Networks may remove Equipment at our discretion. If an invoice remains unpaid over 30 days and Equipment has been removed by Ridgetop Networks, a $50 re-installation fee will be assessed in order to restore Service.

Service Cancellation

You may cancel your Service at any time, by notifying Ridgetop Networks. Notice must be given prior to the desired cancellation date. If the cancellation date falls within a billing cycle for which you have already prepaid, you may request a pro-rated refund for the days from the cancellation date through the end of the billing cycle.

Limitation of Liability

Ridgetop Networks SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY ABUSE, DISASTERS, POWER FAILURES OR OTHER FACTORS NOT WITHIN THE CONTROL OF Ridgetop Networks, NOR SHALL Ridgetop Networks BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY YOUR EQUIPMENT. YOU (THE CUSTOMER) HEREBY RELEASE Ridgetop Networks FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE. Ridgetop Networks’ PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. Ridgetop Networks SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE, OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL Ridgetop Networks BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF Ridgetop Networks FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO MONTHLY CHARGES PAYABLE BY YOU (THE CUSTOMER) FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. Ridgetop Networks MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY, AND ANY OTHER WARRANTY IMPLIED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, Ridgetop Networks SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO THE FOLLOWING CIRCUMSTANCES:

  • Eavesdropping. Ridgetop Networks uses an encryption technology to transmit data. Even so, there is a slight risk that you could be subject to "eavesdropping". This means that other parties may be able to access, monitor, and/or decode your traffic. This risk of eavesdropping exists not only over Ridgetop Networks' network, but also on the Internet and all other electronic data networks. Because of this risk, you should not send any sensitive or confidential information, such as credit card numbers or other financial information, medical information, or trade secrets, over the network except via secure technologies such as SSL (secure, encrypted web pages). Any information you send over the network is sent at your sole risk.
  • Home or Business Networks. Your home or business network is not part of your Ridgetop Networks Service. Any security risks associated with your wireless or wired home network are independent of the Service. Ridgetop Networks has no responsibility for the security or operation of computer equipment other than the Ridgetop Networks owned Equipment.

Indemnity

You shall indemnify and hold harmless Ridgetop Networks from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorneys’ fees) to third parties, relating to or arising from the use of the Service by you or others using your access, whether or not you know of or have authorized such access or use, including but not limited to, claims for libel, slander, invasion of privacy, infringement of copyright, negligence, or tortious behavior, without limitation.

Venue and Choice of Law

This contract shall be governed by the laws of the State of Missouri. Venue, for purposes of any action or lawsuit related to this agreement, shall be in Wright County, Missouri.