Choice Splash Terms
All Choice Splash customers and all others who use the Service (the "Customer(s)", "you" or "your") must comply with this Agreement. Your failure to comply with the terms outlined in this Agreement may result in the suspension or cancellation of Service. Use of any of Choice Splash Services constitutes your definitive acceptance of the terms of this Agreement, the Choice Splash High Speed Internet Service Agreement and the Choice Splash Acceptable Use Policy.
The Customer agrees that:
- The Customer shall use the Service for Internet access for computers located within the installed Premises of Service only. Customer shall not lease or sublease or provide Internet access to others through the use of the Service or otherwise without the express and written consent of Choice Splash Internet.
- The Customer's Premises Equipment, hereafter referred to as “CPE” is provided by Choice Splash for use by the Customer for the purposes of enjoying the Service.
- CHOICE SPLASH is not liable for any direct, indirect or consequential damages caused by third party installers or equipment installed on the customer's premises.
- THE USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER CHOICE SPLASH NOR ANY OF ITS LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CHOICE SPLASH, ITS AGENTS, LICENSORS OR EMPLOYEES MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. SPECIFICALLY, THERE IS NO EXPRESS OR IMPLIED WARRANTY FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED HEREUNDER. CHOICE SPLASH, ITS EMPLOYEES, AFFILIATES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS AND ASSIGNS SHALL NOT BE RESPONSIBLE FOR LOST, STOLEN, OR DAMAGED EQUIPMENT, WITHOUT LIMITATION. CHOICE SPLASH SHALL NOT BE HELD LIABLE FOR LOSS OF ANY SOFTWARE, HARDWARE OR DATA, IN WHATEVER FORM STORED ON ANY COMPUTER EQUIPMENT ONTO WHICH CHOICE SPLASH CPE IS INSTALLED. IT IS THE CUSTOMER’S RESPONSIBILITY TO BACK UP ANY AND ALL DATA AND SOFTWARE PRIOR TO THE INSTALLATION OF THE CHOICE SPLASH CPE.
- The Customer may be subject to additional charges, at Choice Splash’s sole discretion, including, but not limited to bad check charges, non-payment reconnect fees, equipment replacement costs and early termination fees.
- Choice Splash shall not be liable to Customer for any damages arising from any event that is out of the control of Choice Splash. Neither shall Choice Splash be liable for indirect, special, incidental, exemplary, consequential, or any other form of money damages, including but not limited to, lost profits, or for the loss of data or information of any kind, however caused and arising out of or in connection with the performance of Choice Splash or the provision of Services or performance hereunder, whether based in contract, tort, or any other legal theory, and whether or not Choice Splash has been made aware of the possibility of such damages. In no event shall liability exceed a refund of amounts actually paid by Customer for the then current month.
- Force Majeure; For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism, accident, restraint of government, governmental acts, injunctions and labor strikes and other like events that are beyond the reasonable anticipation and control of the Party affected.
- The bandwidth provided by Choice Splash is a shared Service. Any quoted bandwidth rating/transfer rate for the Service is a maximum rate and not guaranteed based upon the shared Service. Choice Splash reserves the right to manage its networks to provide for maximum efficiency. Due to the demands of the Internet, the limitations of other networks that comprise the Internet and Customer’s equipment limitations, the maximum speeds may be available but only on a burst basis.
- The Customer warrants that he or she 18 years of age or older.
- The Customer indemnifies and will hold harmless Choice Splash and its successors and assigns, from any and all copyright, trademark, patent or any other legal liability arising out of Customer’s use of this Service.
- The Customer is responsible for the Customer account even if used by someone else.
- Breach of this Agreement or the AUP by Customer may result in immediate and permanent termination of Services in addition to liability for any and all damages, including attorney fees and costs.
- The Customer is solely responsible for limiting access to objectionable materials that may be on the Internet. Choice Splash takes no responsibility or liability for unauthorized viewing of said materials by minors or any other persons.
- This agreement is and shall be governed by and construed in accordance with the laws of the State of Nevada applicable to agreements made and performed in Nevada. Any cause of action of a Customer with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.
- Any Choice Splash Service purchased by a non-commercial entity is provided to the Customer for their private non-commercial use.
Acceptable Use Policy for Choice Splash Service
Choice Splash strives to provide the highest quality High Speed Internet Service (“Service”) to each of its Customers. Choice Splash has adopted this Acceptable Use Policy (“Policy”) in the advancement of that goal.
Generally Choice Splash prohibits any activities that are illegal, fraudulent, an infringement on the rights of any person or entity, or interfere with the use and enjoyment of the Service by others. This includes but is not limited to the examples listed below:
Use of the Service to:
- Transmit, receive, store, post, or otherwise disseminate any defamatory, obscene, libelous, unlawful, or threatening data, information, or material.
- In any way disseminate any material, data, or information that any reasonable person could deem unlawful, or could constitute a criminal offense, or in any way violates any local, state, or federal law.
- Infringe in any manner the copyright or proprietary rights of any rights holders.
- Download or in any way distribute any copyrighted material without the express permission of the copyright holder.
- Engage in unsolicited bulk or commercial email messages ("spam").
- Perform any activity that disrupts the servers, Services, or network of Choice Splash or any other entity, commonly referred to as a denial of Service attacks.
- Restrict, inhibit, or otherwise diminish the ability of any person or entity, regardless of intent, purpose or knowledge, to use or enjoy the Service (with the exception of tools designed for safety, such as firewall or parental control software).
- Falsify, alter, or remove message headers or packet headers or in any way alter normal network operations.
- Impersonate any person or entity by name or other identifier in messages, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity, commonly referred to as "phishing".
- Violate the terms of Service, acceptable use, rules, regulations, or policies of any service, network, system, server, or application you access or use.
- Access any entity’s computer, network, data, or software without the consent of the owner; bypass or attempt to breach any security measures of any computer, network, Service, or account. This includes, but is not limited to, using another entity’s credentials to which you are not authorized; accessing data not intended for you, and any unauthorized port scanning.
- Obtain, distribute, or use any tools or devices designed or commonly used for compromising the security of computers, networks, or software. This includes but is not limited to password generators, decoders, packet sniffers, keystroke loggers, cracking tools, and “Trojan Horse” programs.
- Perform any Service, alterations, or modifications with the Choice Splash CPE or Service or permit any other person to do such who is not authorized by Choice Splash.
- Redistribute or resell the Service or otherwise make the Service available to anyone outside the Premise of Service. This includes wired and wireless networking technologies.
- Use the Service as an Internet Service provider, whether or not for profit.
Hosting and Servers on Residential accounts:
Residential accounts are provided for the use of Internet Services on computers and networked devices at the Premises of Service where the Internet Service is installed.
The Customer shall not, and shall not permit or allow its Residential Service to:
- Use dedicated, stand-alone equipment or servers from the Premises of Services that provide content or Services to anyone outside of the Premises of Service including peer-to-peer file sharing programs.
- Use programs from the Premises that provide content or Services to anyone outside of your premises.
- Use encryption technologies to mask the presence of servers or server software.
- Use the Service for any business enterprise or purpose, whether or not for profit.
Responsibility for CPE:
- The CPE is provided by Choice Splash for use by the Customer for the purposes of enjoying the Service. The CPE remains the property of Choice Splash. Choice Splash will replace the CPE in the event that it is defective in the normal use of the Internet Service. Improper use or handling of the CPE, or in the event that the CPE is lost or stolen, charges for replacement, including but not limited to, equipment costs and labor costs will be the responsibility of the Customer.
- Access to the configuration interfaces, including web based and command-line configuration is prohibited except when performed by a Choice Splash agent or employee. Any other entity that accesses the configuration of the CPE may require that the CPE be reprovisioned by a Choice Splash employee at the Customer's expense.
- Service Fees are as follows: Relocate / move service - $99.00
- Service Call - $50.00 + materials if applicable
- Insufficient Funds on returned checks $35.00
- Service Suspend / Idle - $7.50 per month plus $25.00 reconnect fee
- Reconnection Fee $25.00
- Finance Charge will be added to unpaid invoices on account the 6th of each month.
Choice Splash Service Installation Standard Procedures and Requirements
Choice Splash endeavors to provide the highest quality High Speed Internet Service (“Service”) to each of its Customers. As a condition of receiving Service via Choice Splash, Customer agrees to the following:
- The location of the antenna at the Premises of Service (Premises) will be determined by the availability of a line-of-sight to the transmitting/receiving antenna and satisfactory signal strength.
- Choice Splash Standard installation practice (“Standard installation”) includes mounting the antenna via a bent-arm bracket to the exterior of the building on the Premises. Standard installation includes affixing cable to the building exterior from the antenna location around the building exterior via the most efficient route, and through the exterior wall to the interior location nearest the Customer’s computer equipment. Standard installation includes Choice Splash standard attachment hardware to affix the antenna mount and cable to the exterior of the building on the Premises. Standard installation includes only configuring Customer’s existing installed computer hardware for Ethernet connectivity to Choice Splash Service. Any and all additional materials or labor required to complete installation of the Service are not included in the Standard installation and therefore may be billable items.
- Upon assessment of the Premises to determine an installation plan, the installation technician will consult with the Customer regarding the required location of the antenna, most efficient route for the cable run to the interior of the Premises, and the method of attachment of the antenna and cable to the Premises. Should the installation plan require services other that those included in Standard installation, or if customer requests installation beyond Standard installation, fees (“Non-standard installation fees”) in excess of the amount charged by Choice Splash for Standard installation will be incurred by the Customer.
- Non-standard installation practices include, but are not limited to, running cable through an attic or crawlspace, running cable along a path other than the above referenced most efficient path, the use of special or non-standard attachment hardware to affix the antenna mount and cable to the Premises or mounting the antenna on a mast or other support device either attached to or separate from the Premises. The installation technician will advise the Customer of the Non-standard installation practices and the cost for the installation technician to perform same. If Customer agrees to Non-standard installation fees, Customer shall indicate his/her agreement to payment of the additional fees by initialing the applicable space on the Choice Splash High Speed Internet Service Agreement.
- Choice Splash technicians are not permitted to perform work on a Customer’s roof, dig trenches, climb poles or perform other laborious or hazardous work to facilitate installation. If the Premises of Service require a mounting location or method necessitating the aforementioned types of activity, such work must be performed by Customer or their representative, at Customer’s sole cost.
- In some cases, Customer’s computer will require additional equipment or software installation, updates or reconfiguration to enable it to connect to Choice Splash Service. This may include network adapters, Windows Updates, and/or other software/hardware. Installation and configuration of these items must be performed by Customer or Customer’s representative, at Customer’s sole cost.
- In all instances, the decision of the installation technician as to mounting location, methods, materials, suitability, etc. is definitive. Customer shall have the opportunity to express opinions, requests and alternatives to the installation plan only during the initial consultation with the installation technician regarding the installation plan. In the case of a disagreement between the Customer and the installation technician, the Customer’s sole option shall be to terminate the installation. Under Choice Splash policies, the installer has discretion in the circumstance of disagreement with the Customer to terminate the installation. In the case of termination of installation by either party, Customer agrees to pay labor charges at the rate of $85.00 per hour for the amount of time that the installation technician spent in furtherance of the terminated installation. There is a minimum ½ hour charge for labor costs ($42.50). If the installation is terminated by either party, and Customer desires an installation be performed at another time, there will be no credit given to the Customer for labor charges paid by the Customer for the terminated installation.