Beamspeed Terms of Service
This Agreement is between Beamspeed LLC (“Beamspeed”) and a Customer (as defined by the Beamspeed Service Request Form) for Internet services (the “Service”). Customers agree to abide by the following:
Use of Service
Customer agrees not to use the Service for any unlawful or abusive purpose. Customer agrees to abide by the Beamspeed Acceptable Use Policy. The Beamspeed Acceptable Use Policy may be found at Acceptable Use Policy .
Availability of Service
The Service is available to the Customer's CPE (Customer Premise Equipment) only when the CPE is within operating range of the Beamspeed the network system. Service availability is subject to limitation or interruption due to various factors including governmental actions or regulations acts, or omissions of underlying Internet access providers; topographic, geographic and other environmental conditions, problems with the installations, operation or maintenance of the CPE; acts of God; strikes; riots; wars; and other cases beyond the control of Beamspeed. Service availability is further subject to limitation or interruption due to capacity or transmission limitations or measures taken to prevent misuses of the Service. Customer hereby waives any claim for consequential or incidental damages related to or arising from an interruption, limitation or other unavailability of the Service and agrees that Beamspeed's liability for any such event shall be limited to the service fee attributed to the affected period. Beamspeed is a reseller of data and voice services. In the event of an outage not related to Beamspeed's infrastructure, Beamspeed will immediately contact its service providers to notify and procure information regarding said outage.
Account Billing Procedures
The Service Start Date is the day on which Beamspeed activates the Customer's Service. All fees, as outlined in Beamspeed’s Service Request Form, are refundable if the Customer cancels within 10 business days of the Service Start Date. Beamspeed reserves the right to change its fees at any time. Payment is due 15 days after the date the invoice is issued. This invoice will be sent by electronic mail, postal mail or fax, at Beamspeed's discretion. Payments made after the due date may be subject to a $5 late fee per month. If payment is not received within fifty five (45) days of the due date the Customer's service will be interrupted until payment is posted to the account. There will be no exceptions to this policy. All delinquent accounts may incur a $10 reactivation fee to reactivate service. Inactive accounts with a past due balance will be charged to the credit card Beamspeed has on file or the account will be turned over to a collection agency. Charges will be billed according to the rate plan currently in effect at the time. Accounts are billed monthly, quarterly, or annually. For quarterly and annual term billing commitments, the Customer is responsible for the entire length of the term; refunds are not available for unused months. The Customer may cancel the Service at any time. There will be a $25 service charge for all returned checks plus any applicable court costs or legal fees required to collect.
Beamspeed will provide the Customer with the necessary equipment to access the Service. The Customer may NOT use equipment on Beamspeed's infrastructure that is not authorized by Beamspeed. The equipment provided is sole property of Beamspeed unless otherwise purchased by the Customer. The Customer agrees to immediately return the equipment Beamspeed provides within 30 days of the account termination date. The Customer will be charged by Beamspeed for the full value of any items not returned.
Content Delivery Policy
There is content on the Internet or provided by the Service that some people may find offensive or inappropriate, or which may not be in compliance with all federal, state and local laws, regulations and other rules. Beamspeed does not assume any responsibility for the content contained on the Internet or otherwise available through the Service provided. The Customer must assume the risk of accessing content through the Service and Beamspeed shall not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Content questions or complaints should be addressed to the respective content provider. Customer is solely responsible for any information which the Customer publishes on the web or other Internet services. The Customer must ensure that the recipient of the content is appropriate.
Beamspeed's service is a shared resource which must be managed and monitored to ensure the quality of all customers experience. Beamspeed's infrastructure is subject to network congestion due to various types of network traffic and volume. Beamspeed uses network management software to track the bandwidth usage and network patterns of Beamspeed users. Beamspeed reserves the right to conduct tests to improve network security, to enhance the performance of Beamspeed's network, and to determine whether to make available new service offerings or perform system upgrades. These technical tests are performed almost continuously and without notice. During the hours of 6:00am and 12:00am Beamspeed reserves the right to shape any traffic to preserve all customer's online experience. This may include, but not limited to; bit-torrent, online gaming, media streaming, gnutella, newsgroups.
Beamspeed Customer Response Policy
Beamspeed communicates with it's customer user base via electronic mail, postal mail, phone or fax. Customers may communicate with Beamspeed representatives directly with concerns, complaints or questions during Beamspeed's hours of operation. Beamspeed's hours of operation can be obtained on Beamspeed's website www.beamspeed.com. Beamspeed will advise or follow up with any concerns, complaints or questions to the best of Beamspeed's ability.
Beamspeed retains its logs for 30 days. After 30 days logs are deleted.
Beamspeed Subpoena Policy
Beamspeed’s Policy is to prohibit the release of customer and/or account information without the express permission from the customer involved, unless required by law, to conform to the edicts of the law, or to comply with legal process properly served on Beamspeed or one of its affiliates.
Fees for Subpoena Compliance:
Beamspeed reserves the right to charge the submitting party of the subpoena for costs associated with subpoena compliance. An administration fee to the Customer may also occur.
Policy Regarding E-mail
Beamspeed will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Beamspeed reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Beamspeed e-mail address is related to the pending litigation and underlying subpoena. Beamspeed reserves the right to amend or change these terms and conditions at any time without prior notice.