Wireless Terms of Service

This is an agreement (the “agreement”) between Hood River Electric & Internet Co-op, referenced hereinafter as “Provider” or “HR Co-op,” and the requestor of internet service, hereinafter referenced as “Subscriber.”

Provider shall provide Subscriber with connection(s) to the Internet at the speed selected on the signature page of this agreement using shared bandwidth. Actual performance of the connection will vary due to conditions outside Provider’s network control. These conditions may include variables such as Subscriber location, physical equipment limitations, network congestion, server and router speeds of web sites accessed, and/or Subscriber’s inside wiring/cabling. No minimum level of speed is guaranteed. Shared access means that all computers attached to the Subscriber’s home or business network will share the connection speed purchased and that multiple Subscribers will share the bandwidth from the Provider’s access point to the Internet. Subscriber will pay Provider the monthly recurring charges, in advance, during the term hereof plus a one-time connection/set-up fee which shall be due upon Subscriber execution hereof.
The Provider will perform equipment installation (outdoor antenna unit or fiber service connection and inside firewall/router) at the Subscriber premises. Additional on-site cabling and/or network equipment required by the Subscriber may be purchased from the Provider at an additional charge.
The Internet service is intended for only one home or business premises and may not be resold or redistributed by any means.
Provider reserves the right to deny service to an individual or business that Provider views as an exce ssive bandwidth user. Other services (or a dedicated connection), more appropriate to high-bandwidth users, may be offered to such a user.
Total volume of data transfer to/from a Subscriber’s Home/Business account will not be limited. However, the rate of transfer may be controlled for certain file types &/or peer-to-peer connections in order to reserve adequate bandwidth for other network users.
Provider is not responsible or liable for any of the following:
1. For wireless services:
  - Degradation or loss of service due to obstruction(s) that might be erected or grow between the Subscriber antenna and Provider access point,
  - Debris or ice on antenna,
  - Re-aiming the antenna later than 14 days after installation,
2. For all services:
  - Installing hardware and/or software in a different computer after initial installation,
  - Reconfiguration of network settings due, but not limited to: tampering, reinstallation of operating system, accidental removal, moving of hardware to another computer.
Subscriber understands that for wireless service, Internet connectivity requires direct radio line-of-sight, and that any obstruction between Provider’s access point and Subscriber antenna may degrade, disrupt or block signal reaching the Subscriber.
Subscriber understands that connection/setup fee is non-refundable if the connection is operable within 14 days of installation. Setup/connection fee is only refundable if the connection is not working within 14 days of installation. This Section 8 does not apply to Subscribers committing to an Initial Term under Section 24.
All equipment installed by Provider is the property of Provider and will be returnable to Provider. Subscriber hereby grants Provider and its agents the right to enter Subscriber’s premises for the limited purpose of installing, maintaining, inspecting, repairing, and removing all equipment necessary to provide the services. Subscriber warrants that it either owns the premises at which the equipment is installed or has the legal right to grant Provider access to the premises.
Provider makes no representations or warranties regarding the performance of equipment or software owned by Subscriber and used in conjunction with Provider’s services. Provider shall have no liability for such Subscriber owned equipment or software and Subscriber shall be solely liable and responsible for the performance and activity of any such equipment or software. Subscriber shall indemnify and hold Provider harmless from and against any claims made against Provider arising from the use or performance of any Subscriber-owned equipment or software.
Subscriber understands that internet service requires an antenna or fiber connection box be mounted outside on or near the home or business and that cables must be run into the premises to connect to the router. If at all possible, the outdoor unit should be mounted on or adjacent to the building receiving service and all screw holes and cable en try holes sealed with clear silicone. It will be the responsibility of the Subscriber to inspect and maintain the mount and ensure that no water penetrates the premises. Provider assumes no responsibility now or in the future for any damage, including but not limited to: water, ice, wind, insects, rodents and lightning.
Subscriber understands that trees absorb radio signal and their growth may degrade or disrupt connectivity for wireless services.
Provider offers access to the Internet. Subscriber hereby acknowledges that the Internet is not owned, operated, managed by or in any way affiliated with Provider, and that it is a separate network of computers independent of Provider. Subscriber’s use of the Internet is solely at Subscriber’s own risk and is subject to all applicable local, state, national, and international laws and regulations. Access to the Internet is dependent on numerous factors, technologies, and systems, many of which are beyond the control and/or authority of Provider.
Provider’s network can only be used for lawful purposes. The transmission of any material in violation of any local, state, national, or international law or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret, or material that is otherwise deemed to be proprietary or judged by Provider to be inappropriate or improper — such as bulk e-mail messages.
Access to other networks connected to Provider’s network must comply with the rules appropriate for that other network. Provider exercises no control whatsoever over the content of the information passing through its network. However, Provider may restrict the rate at which transfer of information moves between networks if Provider deems such transfer will degrade or has the potential to degrade Provider’s network performance and service to other Subscribers. For example, peer -to-peer file sharing across Provider’s network may be flow-restricted to eliminate possible degradation of service to other Subscribers.
Provider makes no warranty, expressed or implied, including, but not limited to those of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, mis-deliveries or service interruption, however caused. Use of any information obtained through Provider’s network is at Subscriber’s own risk. Provider specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairments or interruptions of service. As a result, Provider does not guarantee continuous or uninterrupted service and reserves the right, from time to time, to temporarily reduce or suspend service without notice. Subscriber shall indemnify and hold Provider and its directors, officers, employees, and agents harmless from any and all obligations, charges, claims, liabilities, costs, and fees incurred as the result of interruptions or omissions of service.
Provider reserves the right to monitor Subscriber’s activity. Upon occurrence of a default by Subscriber of any provisions hereunder, Provider reserves the right, in addition to other remedies that may be available to it, to terminate this agreement an d the services to Subscriber hereunder. If Provider terminates service for breach of these terms of service, Subscriber shall receive no refund for services billed and paid in advance.
Subscriber shall indemnify Provider, its affiliates, officers, directors, licensees, and licensors from any and all claims and expenses, including, without limitation, reasonable attorney’s fees arising from Subscriber’s breach of any provision of this agreement.
This agreement is deemed to be executed in the State of Oregon. Subscriber agrees that any dispute arising under this agreement shall have its venue in Hood River County, Oregon and any such dispute shall be governed by and constructed in accordance with the laws of the State of Oregon.
This agreement shall commence on the date the connection is activated (Activation Date) which shall be specified on the signature page. This agreement shall automatically renew for successive 30-day terms unless terminated by either party.
Except as provided in Section 24, there is no minimum term of service. Termination shall be at the discretion of the Subscriber. However, there shall be no refund if service is terminated within a billing month.
Provider may terminate this agreement immediately if it reasonably determines that Subscriber’s use of the services: (a) violates any provision of this agreement or any applicable law; (b) interferes with Provider’s ability to provide the services to Subscriber or third parties; or (c) interferes with or endangers the health or safety of Subscriber’s personnel, agents, or third parties.
For fiber service within the electric service area of HR Co-op, Provider will waive the connection/setup fee, or the fee to convert service from wireless to fiber, as applicable, if Subscriber agrees to a two-year minimum service commitment (“Initial Term ”). Waiver of the connection/setup fee shall only apply to standard installations. Installations that require, or for which the Subscri ber requests, additional on-site cabling or network equipment shall be subject to a separate charge. During the Initial Term, Provider shall maintain Subscriber’s pricing for fiber-to-the-home service with the exception of charges for federal, state, and local taxes and fees, which may vary during the Initial Term. Provider maintains its rights with respect to changes in services and changes to this agreement in Sections 26 and 27. If Subscriber terminates this agreement during the Initial Term other than as provided in Sections 26 and 27 or as a result of Provider’s material breach of this agreement, Subscriber shall be charged an early term ination fee equal to the subscription fee for services multiplied by the number of months remaining in the Initial Term. At the end of the Initial Term, this agreement shall continue as provided in Section 22 until canceled by either party. Subscriber indicates its intention to commit to an Initial Term and be bound by the terms of this Section 24 by so indicating immediately below. If Subscriber does not accept an Initial Term commitment, this Section 24 shall not apply.
Subscriber shall be invoiced for a full month of service, in advance, except for the first partial month of service, which sh all be prorated based on the number of days of service within the billing month. The billing month shall be from billing date to billing date. Billing statement will be separate from electric service billing statements, if applicable. Invoices shall include all applicable federal, state, and local taxes and fees. Subscriber shall pay each invoice in full on or before the due date provided in the invoice. Late payments may be assessed interest at one percent (1%) per annum, or the highest rate allowed by law, whichever is less. Disconnection and reconnection fees may also apply per Provider’s fee schedules.
Except as provided in Section 24 with respect to the subscription fee, Provider reserves the right to modify the services it offers and its rates and charges for such services at any time with or without notice to Subscriber, to the extent permitted by applicable law. If any change materially and negatively affects Subscriber’s services, Subscriber may cancel this agreement within 30 days of the change and receive a refund of any prepaid amounts during the period when the change was in effect. If Subscriber continues to use the services for more than 30 days after any change to such rates or services, Subscriber will be deemed to have accepted such change.
Provider may amend this agreement at any time by providing notice to Subscriber of the changes. Notice may be provided by an y of the following methods: (a) by mailing or emailing a copy of the changes to Subscriber’s service address or registered email address; or (b) including the changes with Subscriber’s bill for services. Upon receipt of notice of any changes to this agreement, Subscriber may cancel its services and receive a refund of any prepaid amounts during the period when the change was in effect. If Subscriber continues to use the services for more than 30 days after receipt of notice of any changes to this agreement, Subscriber will conclusively be deemed to have accepted such changes.
Provider may assign this agreement without Subscriber’s prior consent and all of Provider’s rights, title, and interest herein shall inure to the benefit of such assignee, its successors and assigns. This agreement shall not be assignable by Subscriber except with the written consent of Provider. Subject to the foregoing, this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
Only a written instrument signed by the party against which the modification is being enforced may modify this agreement.
Subscriber acknowledges that if they are not already a member of HR Co-op, a $5 fee will be assessed in addition to the initial installation and set-up charge. Copies of the HR Co-op Articles of Incorporation and Bylaws are available to members upon request.
Subscriber set-up and installation fees are not transferable to a different location (i.e. the subscriber moves) nor are they assignable to a new resident at an existing service location (i.e. a new renter or owner). Applicable set-up and installation fees shall apply for each new subscriber and/or each new service location.
UNLESS CAUSED BY PROVIDER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVIDER SHALL HAVE NO LIABILITY TO SUBSCRIBER FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST EARNINGS, OR LOSS OF BUSINESS OPPORTUNITIES RESULTING FROM PROVIDER’S PROVISION OF SERVICES UNDER THIS AGREEMENT.
This agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby and supersedes any other prior or simultaneous agreement related to such matters.