Gaslight Media - DSL/Wireless Service Agreement
The following terms constitute an agreement (“Agreement”) between Gaslight Media and a person 18 years old or older or a duly formed corporation, partnership, or other legal entity (“Customer”) subscribing to or using Gaslight Media's Residential or Small Business end-user DSL or Wireless Internet Service (“Service”). By subscribing to and/or using the Service, Customer agrees to be bound by the terms of this Agreement and to the Conditions of Use and Acceptable Use policies contained herein.
GASLIGHT MEDIA MAY UPDATE AND AMMEND THIS AGREEMENT FROM TIME TO TIME AS NECESSARY BY DISPLAYING AN UPDATED COPY ON THE GASLIGHT MEDIA WEB SITE AND CUSTOMER SHOULD REFER TO THAT COPY TO ENSURE COMPLIANCE.
Location of this agreement on the Gaslight Media Web site.
Gaslight Media will provide Service to Customer as requested by Customer and of the service type selected by Customer, where that service is available, for an initial term of one (1) year from the date service is installed and determined to be functional (“Term”) and, unless otherwise requested in writing at least thirty (30) days in advance of the end of Term by Customer, for additional one year terms thereafter. Rated performance of the Service and any additional features of Service are determined by the service type Customer requests and which may be upgraded by Customer to a higher performance service at any time.
Gaslight Media will provide customer with either a dynamically assigned IP address or one or more statically assigned IP addresses as determined by the service type Customer requests. Customer understands that Customer has no ownership or rights to continued use of any such IP address and that such IP addresses may be changed by Gaslight Media as required to ensure compliance with Agreement and to maintain Gaslight Media's network and services. Customer may either receive from Gaslight Media, or may otherwise need to provide, the equipment necessary to establish Customer's connection to the Service.
Gaslight Media may in some cases provide Customer with equipment marked with a Gaslight Media equipment tag (“Provider Owned Equipment”) to be used in association with Service and Customer agrees that such equipment will remain the property of Gaslight Media and that such equipment will either be returned at Customer's expense to Gaslight Media or that Customer will pay to Gaslight Media the original cost of Provider Owned Equipment within thirty (30) days of termination of this Agreement.
Service Performance and Reliability
Customer understands that the performance in bits per Second (b/s), the latency in delivery and reception of data packets in milliseconds (ms), the loss of data packets, and the ability to use various protocols or applications between Customer and any other destination is dependent on numerous factors which may be beyond the control of Gaslight Media or may be dependent on the condition of Customer's phone line or the nature of the radio path to Gaslight Media's wireless access point. As such, the actual performance Customer experiences may vary and may be less than or up to the rated performance for the service type selected.
Customer understands that due to unforeseen equipment failures or other difficulties in providing Service there may be times when the Service is unavailable to Customer (“Downtime”). When Customer experiences Downtime, Customer may contact Gaslight Media and establish a “Trouble Ticket” by which Gaslight Media will track and report the reasons for the Downtime and arrange for correction of the problem. Customer is entitled to a credit against the cost of the Service for the month in which the Downtime occurs (“Downtime Credit”) at a rate of one thirtieth (1/30) of the base monthly service fee for each day in which Downtime exceeds ten (10) contiguous minutes, provided that Customer had established a Trouble Ticket at the time of that Downtime, except that the sum of all such credits for a particular month may not exceed the base monthly service fees for that month. Gaslight Media may from time to time perform planned maintenance of Gaslight Media's network and systems between 1 AM and 5 AM EST/EDT (“Maintenance Period”). Interruptions in Service to Customer during these Maintenance Periods and Interruptions due to problems with Customer's phone line, equipment, network, computers, or software does not constitute Downtime for which any Downtime Credit is available to Customer.
Gaslight Media provides, inclusive of base monthly service fees, basic support to Customer during normal business hours Monday through Friday from 8:30 AM to 5:00 PM to help customer initially establish Service, to determine if any Downtime is due to a failure on the part of Gaslight Media or due to a failure of any of Gaslight Media's systems or Provider Owned Equipment, and to help Customer with the restoration of Service (“Basic Support”). Support for problems or issues with Customer's phone line, equipment that is not owned by Gaslight Media, internal network wiring or configuration, wireless LAN, computers, software, applications, or use of Internet sites or applications is not included in Basic Support. Support beyond the scope of Basic Support is available to Customer at an hourly fee.
With the exception of Provider Owned Equipment, Customer is responsible for the operation and maintenance of any equipment at Customer's location that is required to receive Service and Customer understands that all warranties, repairs, replacements, service, or support of such equipment is between Customer and the manufacturer of such equipment except that Gaslight Media will assist Customer in establishing in association with Service a standard configuration for and determining proper operation of any equipment models Gaslight Media specifies as compatible with Service and that is required to establish the connection from Customer location to the Service.
Suspension or Termination
Customer may terminate Service at any time upon thirty (30) days prior written notice to Gaslight Media. Service may also be terminated for cause by Gaslight Media should customer default on payment or fail to comply with the Conditions of Use or Acceptable Use policies contained below or for other other material breech of Agreement. Should Customer terminate Service prior to the end of Term or should Service be terminated for cause prior to the end of Term, Customer will return or pay for any Provider Owned Equipment within thirty (30) days and Customer may, at Gaslight Media's sole discretion, be required to pay an early termination fee equal to an additional month of service beyond the date Service is terminated plus any direct costs Gaslight Media incurs in terminating Service to Customer. Should Service be terminated for cause due to a breach of Conditions of Use or Acceptable use, Customer may also be obligated to compensate Gaslight Media for any costs incurred in dealing with the effects of such a breach.
Gaslight Media may suspend Customer's Service as provided for under “Payment” below until such time as Customer pays all amounts due to Gaslight Media, during which Customer is still obligated to pay for Service as if it were continuing to be provided.
Gaslight Media may suspend or terminate Customer's Service as necessary to avoid harm to Gaslight Media's systems or network that arises as a result of Customer's connection to Gaslight Media or any activities of Customer regardless of whether those activities were intentional, accidental, or consequential.
Gaslight Media will invoice Customer each month for the total cost of Service for the following month (“Monthly Invoice”) and Customer agrees to pay each Monthly Invoice within thirty (30) days of the date the Monthly Invoice was issued. Fees for setup and installation, and any other applicable one-time fee(s) required to establish Service, will be included on the first Monthly Invoice along with all charges and fees associated with the first two (2) months of Service and that Monthly Invoice must be paid prior to activation of Service.
The total cost of Service due on a Monthly Invoice includes the base fee for Service plus any charges for optional support, hardware, materials, or services Customer may have requested, plus any additional taxes, fees, or assessments Gaslight Media is required by any governmental authority to collect in association with Service, plus any late fees, or other charges provided for in Agreement. Any changes in Service that result in a change in the base fee or other charges will result in a prorated adjustment on an appropriate Monthly Invoice.
Invoices may be paid by cash, check, or a credit card accepted by Gaslight Media. In all cases, a payment by check or credit card is not considered to have been made until such time as the check or credit card transaction clears into Gaslight Media's account. Customer may elect to pay in advance for Services as desired and such prepayment will be shown as credit on the appropriate Monthly Invoice(s). Each returned check or credit card charge back will result in an additional fee charged to Customer in the amount of twenty five (25) dollars.
Failure to pay any amount on a Monthly Invoice within thirty (30) days of the date a Monthly Invoice was issued may result in suspension of Service to Customer and the accumulation of late fees at the maximum rate permissible by law. Failure to pay any amount on a Monthly Invoice within sixty (60) days of the date a Monthly Invoice was issued will be considered a default on payment and may at the sole digression of Gaslight Media result in a termination of Service for cause and result in additional charges as provided for elsewhere in Agreement.
Customer understands that a Monthly Invoice is issued each month and amounts are due as described above regardless of whether customer actually receives or views the Monthly Invoice. Should Customer not receive a Monthly Invoice, it is incumbent upon Customer to request a copy of the Monthly Invoice from Gaslight Media as required to ensure that payment is made as proscribed above. Gaslight Media, at its sole discretion, reserves the right to submit Monthly invoices to customer by either (1) U.S. Mail or by (2) posting on a secured Web site for access only by Customer using a unique user ID and password for Customer.
Conditions of Use, Acceptable Use
The Service provided is a connection to the Internet for interactive use by Customer and may not be used for any unattended purpose unless otherwise provided for in writing from Gaslight Media. Service is not for resale and may not be resold or transfered. Service may not be shared with any other party other than those directly associated with Customer and then only up to a maximum of five (5) computers or users. Customer may not use Service to send any electronic messages, materials, or content to any address on the Internet where doing so would be restricted as a result of a valid listing in a database established by law, including, but not limited to, the Michigan Children's Protection Registry.
Customer and persons using the Service delivered to Customer may not use Service to (1) improperly assume the identity of another person on the Internet, (2) obscure or attempt to hide the source of submissions, electronic mail, or other postings, (3) post, send, or submit abusive or offensive materials or content, (4) make available or distribute over the Internet any copyrighted content or materials for which they do not have proper permission to do so, (5) distribute or make available any content or materials that are in any way illegal to posses, sell, or distribute, (6) send or cause to be sent any unsolicited advertising by electronic mail (SPAM) or engage in any business or service that advertises by unsolicited electronic mail, (6) attempt to gain unauthorized access to, or to deny or degrade Internet connectivity services to, any server, system, service, computer, or content, or (7) attempt to install any software into, remove any software from, or compromise the operation of any software on any other system or computer without proper permission to do so.
Customer is responsible for compliance with these Conditions of Use and Acceptable Use policies in association with the Service delivered to Customer regardless of whomever actually uses the Service delivered to Customer. Gaslight Media reserves the right to monitor Customer's use of Service for the purpose of ensuring the security of, and managing resources of, Gaslight Media's systems and network and to ensure compliance with terms of Agreement.
Gaslight Media will will repair or replace any Provider Owned Equipment that malfunctions or requires replacement for Term of Agreement provided that the malfunction or need for replacement is not due to Customer neglect or abuse.
Customer agrees that there are no expressed or implied warranties related to the delivery of Service, the availability or usability of any system, protocol, application, or content accessed through Service, or fitness of Service for any particular purpose, nor any warranty extended by Gaslight Media to any equipment, software, or systems associated with the use of Service, other than as specifically provided for in Agreement or required by law. In the event of any breech of warranty, damages shall be limited to the base fee paid by Customer for the use of Services provided during the month in which the breech of warranty exists.
Limitation of Liability
Customer understands and agrees that Gaslight Media has limited or no control over most parts of the Internet or the content and services offered by others over the Internet and Customer assumes all risks related to use of the Internet including, but not limited to the risk of damage, loss, destruction, or disclosure of files or data, risk of infection of Customer's computers, software, data, or storage media by computer worms or viruses or by software designed to extract personal data, display advertisements, or otherwise alter the behavior of Customer's computer(s), risk associated with the purchase or delivery of products or services over the Internet, or risks associated with the use of information acquired over the Internet.
Customer agrees that Gaslight Media shall not be held responsible for any loss or recovery of any of Customer's data nor any loss of profits, business, or goodwill, interruption of business, or for any other special or incidental damages, whether for any failure of Service, failure of Provider Owned Equipment, breech of warranty, breach of Agreement, tort, negligence, force majeure, restrictions imposed by law, acts of God, or otherwise, even if Gaslight Media has been advised of the possibility of such loss or damage. Customer further agrees that Gaslight is not responsible for any incidental costs Customer incurs as a result of subscribing to or using Service.
Privacy of Customer Information
Gaslight Media will neither distribute nor sell Customer's confidential information to any other party nor compile or retain any records of Customer's use of Service other than as required to provide Service to Customer, to maintain Gaslight Media's network and systems, as required by a lawful request, notice, subpoena, warrant, or order from a court of competent jurisdiction, or as otherwise required by law.
Customer agrees that this Agreement, as amended and posted on the Gaslight Media Web Site, constitutes the entire agreement between Customer and Gaslight Media and does not include by implication or reference any other terms, conditions, or obligations of either party that are not explicitly designated herein.
The waiver of any breach or default under Agreement shall not constitute the waiver of any subsequent breach or default.
Customer agrees to indemnify Gaslight Media, its affiliates, officers, directors, licensees and licensers for any and all claims and expenses arising out of Customer's use of Service, including, without limitation, reasonable attorney’s fees, arising from Customer’s breach of any provision of Agreement.
Michigan law shall control in the interpretation of Agreement.
If the parties are unable to resolve a dispute arising under Agreement, either party may submit such dispute to the American Arbitration Association for resolution under its rules and procedures for dispute arbitration. Any decision rendered in such proceeding shall be binding on both parties and may be enforced in any court of competent jurisdiction.
Until such time as Agreement is effectively terminated as provided herein, the terms and conditions of Agreement shall prevail notwithstanding any inconsistent terms and conditions that may be contained in any purchase order or other document submitted by Customer to Gaslight Media or by any verbal or written statement, quote, communication, or other document received from Gaslight Media by Customer.
Questions or Comments related to this Agreement should be forwarded to:
120 E. Lake St.
Petoskey, MI 49770
This policy was last updated on September 1, 2006.