Dear
Stelera Wireless Customer:
We
are informing you today (April 30, 2013) that, due to unsustainable business
losses and third-party actions that are beyond our control, in the near future
Stelera Wireless, LLC will become unable to provide broadband Internet access
service to you. We are informing you of this out of concern for you and
your ability to avoid internet service interruption. Effective April 30,
2013, Stelera Wireless has stopped billing customers for monthly service.
Although we will endeavor to continue to provide Stelera
internet service as long as reasonably possible, you should find
another service provider to secure your connection to the internet as soon as
possible. Stelera Wireless, LLC appreciates its relationship with you and
your loyalty.
TERMS OF SERVICE
We, Stelera Wireless,
LLC (“Stelera,” “we,” or “us”), maintain this website (the “Site”) and provide
our services (the “Service(s)”) as a service to our customers. By using
this Site or using our Services, you are agreeing to comply with and be bound
by this Terms of Service Agreement (the “Agreement”). You acknowledge and
agree that your use of the Site or Services has the same effect as manually
signing a contract and creates a valid, binding contract between you and
us. If you do not agree to all of the terms of this Agreement, you should
proceed no further and obtain no products or services from Stelera. This
Agreement and any provision herein, including any fees charged for the Service,
may be amended from time, and such amendments or revisions shall become
effective upon notice to you, provided that the revised or amended Agreement
will be posted on our website. By accepting this Agreement, you expressly
agree that such posting shall constitute notice to you of any revisions or
amendments to this Agreement. For your convenience and future reference,
the date of this Agreement is listed below. You can print the version of
the Agreement that you reviewed and approved, and compare it to the version in
effect when you use the Site or Services in the future to determine what, if
any changes have been made.�
1. �Description
of Service.�Stelera provides high speed Internet access
(the “Service”) to rural communities via wireless technology.
2. �General
Terms.�Customers
shall retain liability for the equipment as set forth in paragraph 4
below. In the event that Service is terminated for any reason before the
expiration of the term set forth in the Order Form, all fees and charges
contemplated herein or in the Order Form shall become immediately due and
payable.
3. �Billing.�
A. �Credit,
Debit and Check Card Payments: Charges for the Service will be charged
to you thirty (30) days in advance of the first day of the month for which
charges relate. The charges for the first month of Service will be
charged to your Credit, Debit, or Check Card (“card”) on your initial sign-up
date. Unless otherwise agreed, all recurring monthly charges will be
charged to the Credit, Debit or Check Card you provided to Stelera on the
monthly anniversary of your initial sign-up date, with such charge covering the
cost of the Service for the one month time period following the day on which it
is charged. Such policy subject to change at the sole discretion of
Stelera, the monthly charge shall not be refunded or pro-rated for any reason,
including but not limited to your early termination of this Agreement or
termination of this Agreement by Stelera. Delinquent accounts are subject
to immediate suspension or termination and you shall be liable for all costs,
fees, and attorney’s fees associated with the collection of delinquent accounts.
Stelera shall have no obligation to reactivate service after it has been
suspended. If Stelera elects, in its sole discretion, to reactivate your
account, you agree that Stelera may charge late fees, reactivation
fees or require a deposit prior to authorizing reactivation.
B. �Cash
Payment Option: Stelera may, in its sole discretion, accept cash
payments for the Service. Upon acceptance of your Order Form, the
customer will pay an amount equal to the first three (3) months of Service and
purchase equipment for $250. In order to continue service beyond the
initial three (3) month period, an additional payment in the amount equal to
three (3) months of Service must be made at least seven (7) days before the end
of the preceding three (3) month period. Cash payment accounts are
subject to all other provisions in this Agreement as well as all terms and
provisions in the Order Form.�
C. �Billing
Dispute: You must notify Stelera in writing within twenty (20) days of
your monthly card charge of any dispute of charges reflected on your card
statement. Failure to report any dispute within this twenty (20) day
period shall result in a waiver of your right to dispute any amount charged by
Stelera and contained in your card statement. Nothing contained herein
shall be construed to release you of your obligation to pay all undisputed
amounts by the date due.
D. �Non-Payment
and Late Fees: Failure to pay any amount due Stelera entitles Stelera
to terminate your account without further notice. Termination does not
forgive any fees past due or owing. Past due fees will be 1.5% of the
amount past due or $5 per month, whichever is greater, subject to the highest
amount permitted by law.
E. �Credits: There
shall be no credit for interruptions in service, unless such interruption is
continuous for twenty-four (24) hours or more measured from the time of the
report of the interruption. If an interruption in service is continuous
for more than twenty-four (24) hours, a credit allowance may be made to your
account, at Stelera’s sole discretion. Any
credit issued by Stelera shall not exceed the prorated monthly charge for
Service during the effected period. No credit will be granted if the
interruption is caused by your misuse of the Service or equipment.�
4. �Equipment.�
A. �Purchase: Unless
otherwise agreed, all equipment (new or refurbished) provided by Stelera is
sold to you pursuant to the terms set forth in the Order Form. Stelera
warrants that all equipment purchased from Stelera will be substantially free
of material defects. All equipment purchased from Stelera comes with a
one-year Purchase Limited Warranty; however, the Purchase Limited Warranty
shall exclude any damage resulting from abuse, misuse or neglect of the
equipment. This Agreement serves as an express waiver of any and all
implied warranties associated with any purchased equipment.
B. �Lease: All
right, title and interest in any equipment (new or refurbished) leased from
Stelera shall remain with Stelera. At expiration of the term set forth in
the Order Form, you agree to return to Stelera all leased equipment in your
possession or under your control. Failure to return such equipment in
good working order within fifteen (15) days of termination or expiration of
this Agreement authorizes Stelera to charge your account in the amount equal to
the retail or replacement cost of the equipment. Leased equipment
shall be issued with a one-year Limited Lease Warranty; however, the Limited
Lease Warranty shall exclude any damage resulting from abuse, misuse or neglect
of the equipment. This Agreement serves as an express waiver
of any and all implied warranties associated with any leased equipment.�
C. �Installation: Unless
otherwise agreed, you are responsible for installation of the equipment. You
may contract with a Stelera agent for a third party to provide set-up,
installation, or additional equipment, provided that your acceptance of this
Agreement acknowledges that Stelera does not guarantee, endorse, or
warranty any service or products provided by a third party. �
D. �Warranty:
The Purchase Limited Warranty and Lease Limited Warranty are provided in lieu
of all other warranties, express or implied, including all other warranties of
merchantability of fitness for a particular purpose. Upon notice that any
properly maintained purchased or leased equipment fails to operate, Stelera
shall have the option, at its sole discretion, to either repair or replace the
equipment. Repair or replacement of the equipment by Stelera shall be Stelera’s sole obligation and your exclusive remedy in
regard to the equipment.
5. �Stelera’s Responsibilities.�Stelera
is not responsible for anything other than the equipment it provides.
Specifically, Stelera is not responsible for software, cables, or hardware
attached to Stelera equipment, including but not limited to your internal
network, devices or antenna. Subject to certain terms and conditions,
Stelera will provide customer care during its standard business hours to assist
with performance and operational issues related to the equipment and
Service.�
6. �Customer’s
Responsibilities
A. �General: You
are responsible for any and all problems, damage, or charges arising from or
related to your use of your own hardware or software. Stelera reserves
the right to determine, in its sole discretion, whether a
problem with the equipment or Service are the responsibility of Stelera
or the result of your use of your own hardware or software.�
B: �Use
Policy: You represent and warrant that your use of the equipment,
Service and content accessed or transmitted while using the Service will at all
times comply with requirements set forth in this Agreement, the Order Form, and
all applicable law. Stelera does not control, is not the publisher, and
is not responsible for third-party content on the Internet and your
interactions with third parties. In the event that Stelera adopts or
implements any new or different technology for the delivery of the Service, the
previous sentence shall remain unaltered in full force and effect. Any
and all transactions with third parties arising from your use of the Service
are at your own risk. You are solely responsible for any financial,
civil, or criminal liability arising from your access to or interaction with
third parties on the Internet.
C. �Illegal
and Fraudulent Activity: You shall refrain from any and all illegal
and fraudulent activity while using the Service. Stelera is under no
obligation to monitor the Service, but may do so from time to time. To
that end, Stelera may install monitoring software or other solutions designed
to track possible illegal activity or any activity in violation of this
Agreement. In addition to the other terms in this Agreement, Stelera will
cooperate fully with investigations of possible or suspected illegal
activity. If Stelera suspects such illegal activity or breach of this
Agreement, it may institute legal action or terminate services without notice
to you.
D. �Intended
Use of Service: You may not transfer the right to access and use the
Service in any way without Stelera’s written
consent. You agree to only use the Service in a way that does not result
in excessive consumption of the Stelera network or system resources, including
simultaneous access to the Service through multiple units, authorizing any
other individual or entity to use the Service, or using the Service to host a
website that attracts excessive heavy volume usage. You further agree not
to use the Service to harass, defraud, or for other illegal activities.
Stelera has the right to restrict your use of the equipment or the Service if
it believes, in its sole discretion, that your actions violate this Agreement
or applicable law. In addition to restricting use of the equipment or the
Service, Stelera may charge up to $10 per GB for usage exceeding the maximum
throughput according to the customer’s rate plan, increase your monthly fee to
an amount set by Stelera at its sole discretion or may terminate your Service
without notice.�
E. �Power
Failure: You acknowledge that power failure will cause the Service not
to function. This may require you to reset or reconfigure equipment prior
to using the Service.�
F. �Miscellaneous: You
agree not to alter or tamper with equipment. All equipment, the Service,
and/or software provided by Stelera may be protected by intellectual property
law. This Agreement creates no license for the intellectual property
rights, and you agree not to reverse engineer or attempt to obtain in any other
way the source code from any software made available to you by Stelera or
through the Site. In case of theft of equipment or software, you agree to
notify Stelera in writing or by the customer support line. You are solely
responsible for backing up your data and information, and you acknowledge that
power outages and loss of data may occur from the use, inspection, maintenance,
repair, and removal of Stelera equipment.�
G. �Troubleshooting:
Before contacting Stelera for assistance, you agree to use the troubleshooting
guide and information maintained by Stelera at its website located at
www.stelerawireless.com (the “Site”). Failure to use the troubleshooting
guide and information located on the Stelera website to resolve a problem that
is determined by Stelera to be your responsibility may result in a charge for
the cost of the service call. If after using the troubleshooting guide
and information available on the Site the problem remains unresolved, Stelera
will troubleshoot and assist you in resolution of the problem.
7. �Service
Area. The Service is only available in Stelera’s
network, which may change from time to time without notice to you.
Moreover, the Service may be temporarily unavailable from time to time to
perform system maintenance. Stelera will use reasonable efforts to notify
you prior to any scheduled maintenance to the Service. Regardless, you
are solely responsible for taking all action necessary to preserve data and to
reconstruct any lost files or information.�
8. �Export.�Equipment purchased or leased from Stelera,
including but not limited to software, hardware, and equipment (collectively
the “Equipment”), may be subject to United States Export Control laws. As
a result, no Equipment shall be exported in violation of any law or policy of
the United States of America. By using the Stelera website or the
Services, you agree to abide by all applicable laws, rules, and regulations and
represent and warrant that you will take no action in violation of the
aforementioned laws or policies.�
9. �Credit
Reporting Agencies.�By submitting an Order Form,
you authorize Stelera at its sole discretion to perform a credit check based on
the information provided in your Order Form. Stelera shall retain its
rights under this paragraph, including the right to perform a credit check and
the right to contact employer references, for the duration of the period of
time wherein you continue to receive Service from Stelera.�
10. �Service
Terms, Renewal, Default, and Termination.
A. �Initial Term and Renewal
Terms: The term of this Agreement shall commence upon acceptance of
your Order Form by Stelera and shall continue in effect for the term indicated
in the Order Form. Any change in the length of the contract term during the
term will restart the term. At the end of your contract term your service
will automatically renew for a 12 month period at your current monthly rate,
unless you notify Stelera 30 days prior to the end of your contract term.
B. �Termination: Early
termination by you or termination by Stelera for breach of any representation,
warranty or obligation contained herein shall result in a termination fee which
shall be charged to your account. A two-year service agreement has an
early termination fee of $150.00 and a one-year service agreement has an early
termination fee of $75.00 (the “Early Termination Fee"). In
addition, you further agree to immediately return all leased equipment to
Stelera in good working order – reasonable wear and tear expected. If the
leased equipment is not returned to Stelera within seven (7) days of the date
of termination you shall be liable for replacement costs of such
equipment.
C. �
Default and Effect of
Termination: Stelera may immediately terminate this
Agreement without further notice to you upon occurrence of any of the following
events: (i) you fail to pay any sum due; (ii) you
breach or violate any representation, warranty or obligation contained herein;
or (iii) you become subject to Bankruptcy Proceedings or insolvency.
After default, you shall remain liable for all charges and fees, including
Early Termination Fees or equipment charges.�
11. �Disclaimers.
A.
THE CONTENT, PRODUCTS, EQUIPMENT, AND SERVICES OBTAINED FROM OR THROUGH STELERA
OR THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO
THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY).
STELERA HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICE,
EQUIPMENT, CONTENT OR PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SITE.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, STELERA IS NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SITE, THE SERVICE AND
EQUIPMENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
OR A REPRESENTATIVE OR AGENT SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
B.
STELERA DOES NOT REPRESENT THAT THE EQUIPMENT OR THE SERVICE IS SECURE,
FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, WILL OPERATE WITHOUT
INTERRUPTION, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO
LICENSEE. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION
TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SOFTWARE, AS
APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO
LICENSEE. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS, AND
LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
All warranties or
guarantees given or made by Stelera with respect to the equipment or the
Service: (1) are solely for your benefit and are not transferable, and (2)
shall be null and void if you breach any term or condition of this
Agreement.
12. �Limitation
of Liability. YOU AGREE NOT TO HOLD STELERA LIABLE FOR ANY LOSS OR
DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE EQUIPMENT OR SERVICE.
ADDITIONALLY, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF STELERA AND ITS
REPRESENTATIVE FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO
STELERA IN THE IMMEDIATELY PRECEEDING THREE-MONTH PERIOD.�
13. �Proprietary
Rights.�All
Content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to or included on the Site are
protected under applicable copyright, trademark, patent or other proprietary
(including but not limited to intellectual property) rights. The copying,
modifying, distributing, transmitting, displaying, selling, licensing, using,
publishing or creating derivative works by you of any such matters or any part
of the Site is strictly prohibited. You do not acquire ownership rights
to any content or other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a waiver of any right
in such information and materials.
14. �Trademarks/Service
Marks.�STELERA,
STELERA WIRELESS and WWW.STELERAWIRELESS.COM are trademarks and/or service
marks of Stelera. Other product and company names may be mentioned on the
Site from time to time or accessed through the Service which may be trademarks
or service marks of their respective owners. These trademarks and/or
service marks may not be reproduced without the express written consent of the
respective trademark or service mark owner.
15 �Miscellaneous
Provisions.
A. �Use
of Information: By using the Site or Service you authorize us to use
and assign all information obtained either directly from you or through your
use of the Site or Service in any manner consistent with our Privacy Policy,
which is available at the Site. This information may include all
personal information provided by you as well as non-personal information such
as the type of browser or operating system you are using. In order to
best serve you, this information may be used to contact you about your account
with us and to offer you information about new products or programs as well as
to make improvements to our Site and Service. This information may also
be provided to certain third parties. These third parties may include
appropriate governmental or law enforcement authorities, federal regulatory
agencies, credit services and others as necessary to provide the products or
services requested or to assist in the investigation of fraud, harassment or
any other unlawful activity.
B. �Place of
Primary Use: For the purpose of this Agreement, the street address you
provided on your Order From shall be deemed your Place of Primary Use for the
purpose of mailing written notices and assessing whether your use of the
equipment or Service complies with the terms of this Agreement.
C. �Complaint
Resolution – Notices: Contact Stelera Customer Care to resolve a
complaint or to request information regarding a notice.�
D. �Written
Notice: In addition to any other provisions of this Agreement, an
email from Stelera to a Stelera email account set up for you by Stelera shall
constitute notice in writing. However, any notice to be sent to Stelera
shall only be satisfied by mailing written correspondence to Stelera at the
address located on the Site.
E. �Your
Indemnification Obligations: You agree to indemnify, defend, and hold
Stelera and its partners, attorneys, staff, and affiliates harmless from any
liability, loss, claim, or expense, including reasonable attorney’s fees, from
any liability, claim or loss arising from or allegedly arising from your use of
the equipment, Service or your breach of any representation, warranty or any
terms or conditions of this Agreement, the Order Form, or any other rules and
regulations that Stelera may adopt.
F. �Assignment
and Successors in Interest: The provisions herein are binding on you,
your users, and successors and assigns. No part of this Agreement or the
Service may be delegated or assigned without the prior written consent of
Stelera and any assignment made in violation of this provision shall be null
and void. Stelera may assign or transfer its rights and obligations
without restriction.
G. �Other
Agreements or Warranties: Third-party services and products obtained
by or through your use of the Service are provided by third parties and come
with conditions and warranties that govern their use or purchase.�
H. �Signing
Authority; Authorized User: You acknowledge that you are of legal age
and, if acting on behalf of an entity, are acting with authority to bind the
entity. You are responsible for all charges incurred by any person you
authorize to access or use your account, equipment, or Service.
15. �Entire
Agreement and Severability.�This Agreement, along with the
Order Form, Terms of Service, and Policies, each as amended from time to time,
constitute the entire and only agreement between us and you and supersedes any
and all prior or contemporaneous agreements, representations, warranties and
understandings with respect to the Site and the Service, the content, goods and
services provided by or through the Site and the Service, and the subject
matter of this Agreement. To the extent that anything in or associated
with the Site or the Service is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed consistent
with applicable law and the remaining portions shall remain in full force and
effect.�
16. �Arbitration,
Choice of Law; Statute of Limitations, and Jury Waiver.�This
Agreement shall be treated as though it were executed and performed in Oklahoma
County, Oklahoma, and shall be governed by and construed in accordance with the
laws of the State of Oklahoma (without regard to conflict of law
principles). Any cause of action by you with respect to the Site or the
Service (and/or any information, products or services related thereto) must be
instituted within one (1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations set
forth in the Agreement. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against either
party. All legal proceedings arising out of or in connection with this
Agreement shall be brought solely in Oklahoma County, Oklahoma, and shall be
first submitted to mediation in Oklahoma County, Oklahoma. Should
mediation prove unable to resolve the dispute, and before submitting the
dispute to a court, the parties shall submit to binding arbitration in Oklahoma
County, Oklahoma, pursuant to rules set forth by the American Arbitration
Association. You expressly submit to the exclusive jurisdiction of said
mediation facility, arbitration panel, and courts and consent to
extra-territorial service of process. You further waive the right to a
trial by jury.
17. �Nondiscrimination.�
A. �Stelera
Wireless, LLC follows the 2005 FCC Broadband Policy which encourages broadband
deployment of the public Internet by ensuring that consumers are entitled to
(1) access the lawful Internet content of their choice, (2) run applications
and use services of their choice, subject to the needs of law enforcement, (3)
connect their choice of legal devices that do no harm to the network, and (4)
competition among (a) network, (b) application and service and (c) content
providers.
B.
Stelera Wireless, LLC’s lines and equipment are provided for use without
discriminating on the public Internet content being delivered. Stelera
Wireless, LLC will provide a broadband network free from restriction on (1)
content, (2) access to websites, (3) platforms, (4) the kinds of attached
equipment, and (5) the modes of communication allowed while maintaining high
quality network performance.�
C.
Network management policies are conspicuously posted on Stelera Wireless, LLC’s
web page. Should any changes to these policies arise because of
regulatory, business, or other reasons, customers will be notified on Stelera
Wireless, LLC’s web page with details of the changes.
D.
Stelera Wireless, LLC will provide connectivity to the public Internet directly
or indirectly at reasonable rates and terms for the subscribers.
Additionally, no part of this project is considered a closed network.
E.
Stelera Wireless, LLC reserves the right to manage its network to promote the
use and enjoyment of the Internet for all customers. High speed bandwidth
and other network resources are not unlimited and the speed of delivery of
content to all users may be slowed during times of congestion. During
these times, Stelera Wireless, LLC will use reasonable network management
practices that are consistent with industry standards and are minimally intrusive.
Stelera Wireless, LLC reserves the right to change its network management
practices to address issues, as the internet continues to grow and evolve.
December 2009
Stelera Broadband – Digital
Phone Service Addendum
Thank you for choosing to add Digital Phone
Service to the list of services you have with Stelera Broadband. Digital Phone
Service is an optional service and requires your agreement to the terms and
conditions in this Addendum. By activating your phone service you accept these
terms and conditions which are incorporated into your existing Terms of Service
with Stelera Broadband .
1.
Requirements for Stelera Broadband Digital Phone Service;
Service Availability. In addition to your responsibilities under the Terms of
Service, you are required to supply certain equipment such as a phone handset
or equivalent, phone inside wire and outlets, and a powered electrical outlet.
Other requirements to enable use of the Digital Phone Service may be posted on
Stelera Broadband’s website (currently at http://www.stelera.com or on another
website Stelera Broadband designates). You are responsible for supplying and
ensuring the equipment you supply is compatible with the Digital Phone Service
and meets federal and other applicable standards. You represent you either own
your equipment or have the right to use that equipment in connection with the
Service. Stelera Broadband shall have no obligation to service, maintain or provide
you with the equipment referenced above.
1.
Limitations on 911, E911 and Emergency Dialing for Digital
Phone Service; Relocation of Equipment. You acknowledge that Stelera
Broadband described to you the limitations of the Digital Phone Service for 911
and E911 prior to your subscribing to the Service. In
particular, you acknowledge you were informed that if you move any Stelera
Broadband Equipment, E911 or 911 may not function or may function improperly at
the new location. If you relocate the Stelera Broadband Equipment you must
contact Stelera Broadband for information on Digital Phone Service availability
at the new location. If Stelera Broadband phone service is available, you must
update and register your new Service location with Stelera Broadband in order
to update your record. If Digital Phone Service at the new location is not
available, your phone service will be terminated or suspended until you notify
Stelera Broadband that you have returned the Equipment to a location with
Digital Phone Service availability and provide updated information for the new
location. You acknowledge and agree that using or moving or attempting to use
or move the Equipment or Digital Phone Service to a Service location without
complying with this Section 2 is a violation of this Agreement and you do so at
your own risk.
You further acknowledge and understand that the Digital
Phone Service, in some ways, is not provided or configured like your
traditional phone service, has limitations, and that installation, arranging to
change or move your phone number or the Stelera Broadband Equipment, including
updating and processing your new Service location information, and the
operation, repair and removal of the Digital Phone Service may delay or disrupt
certain functions, including 911, E911 or emergency dialing capacity. You also
understand that 911 or E911 functions are not automatically available through
the Digital Phone Service and that you are required to take additional steps to
obtain such functions. You understand that there may be a period of time,
particularly during the period immediately after installation of the Digital
Phone Service, including when moving the Equipment to another Service location,
in which 911/E911 capabilities may not function or may not function properly.
You agree to advise all persons who may have occasion to place calls over the
Digital Phone Service of these limitations.
IN ADDITION TO THE EXCLUSIONS AND LIMITATIONS IN THE
STELERA BROADBAND TERMS OF SERVICE, IN NO EVENT SHALL STELERA BROADBAND, ITS
AFFILIATES, ITS OR THEIR AGENTS OR SUPPLIERS, OR ITS OR THEIR OFFICERS,
EMPLOYEES, REPRESENTATIVES OR CONTRACTORS, BE HELD LIABLE FOR ANY CLAIM, DAMAGE
OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION,
ARISING FROM OR RELATING TO 911, E911 OR EMERGENCY DIALING SERVICES OR THE
ABSENCE OR DISRUPTION THEREOF ARISING FROM THE INSTALLATION, OPERATION OR ANY OTHER
ASPECT OF THE Digital Phone Service. The foregoing sentence will survive
termination or expiration of the Agreement for any reason.
3.
Other Digital Phone Service Limitations. In addition to
the requirements and limitations described in the Stelera Broadband Terms of
Service, and Section 1 herein, you acknowledge the following with respect to
the Digital Phone Service:
·
Privacy and Security. The Digital Phone Service uses
the public Internet and third party networks to transmit voice and other
communications. You acknowledge and understand that Stelera Broadband cannot
and does not guarantee that the Digital Phone Service is secure, and Stelera
Broadband is not liable to you or any other party for any lack of privacy or
security you experience while using the Digital Phone Service. Stelera
Broadband respects your privacy and, to the extent feasible, treats the content
of all communications as private, except as may be required by law. Please
refer to the Stelera Broadband Privacy Policy at www.stelera.com for additional
information. Stelera Broadband has the right, but not the obligation to you, to
monitor, intercept and disclose any transmissions over or using our facilities,
and to provide subscriber billing, account, or use records and related information
under certain circumstances (for example, in response to lawful process,
orders, subpoenas, or warrants, or to protect Stelera Broadband’s
rights, users or property). You agree to protect your username and password and
you are responsible for any usage of your account. You agree to immediately
notify Stelera Broadband of any unauthorized use of your account or other
security breach.
·
Power Outages. You acknowledge and understand
the Digital Phone Service as well as 911, E911 or emergency dialing may not function
in the event of power failure. Should there be an interruption in the power
supply the Digital Phone Service will not function until power is restored. A
power failure or disruption may require you to reset or reconfigure Equipment
prior to utilizing the Digital Phone Service.
·
No Battery Back-Up. The Equipment does not include a
battery back-up, and a power failure or disruption will interrupt 911, E911 or
other emergency dialing services and make it impossible to place such calls or
reach emergency services over the Digital Phone Service.
·
Service Interruptions; Required Wireless Data Service. You
acknowledge and understand the Digital Phone Service may not function or may
function improperly in the event of interruption of your wireless broadband Service.
You also acknowledge and understand you must obtain and use wireless broadband
Service from Stelera Broadband in order to enable the Digital Phone Service to
operate properly, and further that the Digital Phone Service may not be used
with another provider’s broadband or Internet service and Stelera Broadband
does not authorize you to use the Digital Phone Service with another provider’s
broadband or Internet service. In the event you discontinue wireless broadband
Service for any reason, you acknowledge that Stelera Broadband may terminate
your Digital Phone Service or suspend Digital Phone Service until you
reestablish wireless broadband Service with Stelera Broadband.
·
Home Security Systems and other Non-Voice Communications
Equipment. All non-voice communications equipment, including but not
limited to, home security systems that are set up to make automatic phone
calls, fax machines, modems and medical monitoring devices (“Non-Voice
Systems”), may not be compatible with the Digital Phone Service and may be
interrupted or permanently disabled by installation or operation of the Digital
Phone Service. IN ADDITION TO THE EXCLUSIONS AND LIMITATIONS IN THE TERMS OF
SERVICE AND, BY ACCEPTING THIS AGREEMENT, YOU WAIVE ANY CLAIM AGAINST STELERA
BROADBAND, ITS AFFILIATES, ITS OR THEIR AGENTS OR SUPPLIERS, AND ITS OR THEIR
OFFICERS, EMPLOYEES, REPRESENTATIVES OR CONTRACTORS FOR INTERFERENCE WITH OR
DISRUPTION OF SUCH NON-VOICE SYSTEMS DUE TO THE Digital Phone Service AND AGREE
TO TAKE ALL NECESSARY STEPS TO RESTORE OR MAINTAIN SUCH EQUIPMENT OR Digital
Phone Service IF YOU WISH TO CONTINUE USING THEM. The foregoing sentence will
survive termination or expiration of the Agreement for any reason.
·
High-Risk Activities. As further discussed in Section , the Digital Phone Service is not represented as
fail-safe. The Digital Phone Service is not designed for use in situations
where error-free or uninterrupted service is essential. You expressly assume
the risk of any damages from high-risk activities involving vital communications
in which an error or interruption in the Digital Phone Service could lead to
material injury to business, persons, property, or the environment. IN ADDITION
TO THE EXCLUSIONS AND LIMITATIONS IN SECTIONS AND , BY ACCEPTING THIS
AGREEMENT, YOU WAIVE ANY CLAIM AGAINST STELERA BROADBAND, ITS AFFILIATES, ITS
OR THEIR AGENTS OR SUPPLIERS, AND ITS OR THEIR OFFICERS, EMPLOYEES,
REPRESENTATIVES OR CONTRACTORS RELATING TO HIGH-RISK ACTIVITIES. The foregoing
sentence will survive termination or expiration of the Agreement for any
reason.
4.
Local Number Portability When Available. In the event
you are not utilizing a new phone number for your Digital Phone Service, but
rather are transferring an existing phone number which currently is subscribed
to another service provider to the Digital Phone Service, the terms and
conditions of this section shall apply:
·
You agree to cooperate fully with Stelera Broadband and to provide
promptly all information, including a letter of authorization or otherwise, as
requested by Stelera Broadband in connection with the processing of your order
for Digital Phone Service;
·
You authorize Stelera Broadband to process your order for Digital
Phone Service and to notify your current service provider of your decision to
switch your local, local toll and long distance services to the Service, and
represent that you are authorized to take this action;
·
You agree and acknowledge that if you set up the Digital Phone
Service prior to the date that the number switch becomes effective (the “Port
Complete Date”), you will be able to make outgoing calls only over the Digital
Phone Service and may not be able to make 911 or E911 calls over the Digital
Phone Service. In such event, you should keep another phone connected to an
existing phone extension at your service location to receive incoming calls
until the Port Complete Date, after which you will be able to both make and
receive calls using the Service; and
·
You agree and acknowledge that if the Service is not yet activated
as of the Port Complete Date, your existing phone service for the number you
are transferring will be disconnected and you will have no service for that
line. Therefore, to avoid an interruption in your phone service, it is
important that you install the Digital Phone Service prior to, or on, the Port
Complete Date. An estimate of the Port Complete Date may be sent to you via
e-mail by Stelera Broadband following your completion of the ordering process,
but this is only an estimate, not a guarantee of the Port Complete Date.
5.
Equipment Location; Tampering with the Stelera Broadband
Equipment/Warning Sticker. You agree that the Stelera Broadband Equipment and
the Digital Phone Service may be used only at the Service location appearing in
Stelera Broadband’s records. You agree not to change
the electronic serial number or identifier of the Stelera Broadband Equipment,
or to perform a factory reset of the Equipment, without express permission from
Stelera Broadband in each instance. Stelera Broadband reserves the right to
terminate your Service should you tamper with the Stelera Broadband Equipment
or use or modify it in a manner not authorized by Stelera Broadband. You also
agree to keep the 911/E911 warning sticker that Stelera Broadband provides you
when you order Digital Phone Service on or near the applicable Equipment.
Violation of this provision may result in a charge for the Equipment.
6.
Changes to terms and conditions. Stelera
Broadband reserves the right to modify any of the terms and conditions provided
herein from time to time by posting the changes on www.stelera.com and notifying
you by email. Such changes may include but are not limited to changes in rates,
coverage or features and unless otherwise indicated, become effective
immediately after the changes are posted on the Stelera Broadband web site. If
you are unwilling to accept the changes in the service, you may terminate your
Digital Phone Service pursuant to the process identified in the Subscriber
Terms and Conditions.
911/E911 Notice
Emergency 911 telephone service is a
key component of the Stelera Broadband Digital Phone Service and differs from
service provided by a traditional land based line. This notice serves to detail
the key differences and to outline your responsibilities in maintaining access
to emergency services. Please read this notice carefully and familiarize
yourself and others in your household with the 911 service in a digital phone
environment.
General
The 911 service is the national emergency number that
provides immediate access to law enforcement, fire, or medical personnel for
emergency situations. Calls made through the 911 emergency telephone system are
routed to a Public Safety Answering Point (PSAP) which connects the caller with
the appropriate emergency personnel. Under a Basic 911 system, the PSAP does
not have the technical capability to recognize the phone number of the address
from which the call originates. In that instance the caller is required to
provide emergency personnel with the address and phone number of the caller. A
PSAP which has Enhanced 911 (E911) service has the technical capability to
receive the telephone number and address from where the call is initiated if
the caller is unable to provide the information. In an E911 environment, the
PSAP accesses a database of addresses provided by service providers such as
Stelera Broadband. For this reason having a current address on file with
Stelera Broadband ensures that any information accessed by a PSAP will be
accurate so that emergency services can be dispatched to the correct location.
For additional information regarding the 911 services in your area please
consult with your local community governing body.
Digital Phone Service
A key difference between Stelera Broadband’s
Digital Phone Service and traditional land line phone service is the mobility
of Stelera Broadband’s service. The Digital Phone
Service offered by Stelera Broadband is portable and your equipment may be used
in locations other than the address on file for your account. Prior to
activation you are required to provide a service address which will be used to
route calls made through the emergency response system to the appropriate PSAP.
You must understand and accept the following requirements:
In light of the differences described please take the
following steps to maximize access to emergency services.
September 2010