Internet Service Terms and Conditions
Internet Service Terms and Conditions
The following language provides the terms and conditions under which Wyoming.com provides Internet service to its subscribers. Please read it carefully.
“Service” means broadband Internet service delivered via fiber optic cable, DSL or wireless signal (whichever applies), including any software, equipment, technical support, domain name services and Email.
“Provider” means Wyoming.com.
“Subscriber” means you, the customer, whether an individual or business or any other enterprise.
“Equipment” means the modem, router, optical network terminal, and/or other equipment provided by Wyoming.com for use with the Service.
SERVICE INCEPTION: Service begins upon complete installation of the pertinent circuitry, and delivery to Subscriber of any equipment as furnished by Provider, or on-site installation, all as specified in the Order Form. Installation of the circuitry may be completed three (3) to ten (10) business days after Subscriber orders the service. Circuit installation schedules may be affected by the condition and/or availability of telecommunications facilities between Provider and Subscriber’s service location.
CONTRACT TERMINATION: If Subscriber cancels or terminates service for any reason, Subscriber will be subject to the Monthly Recurring Costs (MRC) until the service has been completely disconnected. Complete disconnection of the service will take place within ten (10) business days after Subscriber cancels or terminates the service, unless Subscriber and Provider agree upon a later date for disconnection. If Subscriber cancels or terminates the service, Subscriber must do so in written form directed to Provider via US mail, electronic mail, or facsimile only. Early termination charges may apply.
EARLY CONTRACT TERMINATION: If Subscriber cancels or terminates service for any reason prior to the end of the initial term, Subscriber will be subject to a lump sum early termination charge equal to Monthly Recurring Costs (MRC) times the months remaining in the contract term, times fifty percent (50%). In addition, if Provider has waived the installation and/or setup fees at the inception of service, or provided a specified discount listed on the Service Order, Subscriber will be responsible for the waived fees or specified discount as a result of failing to fulfill the initial term of this Agreement.
CHANGES TO SERVICE: During the term of this Agreement, Subscriber may elect to change the Service Package/Speed without violating the terms of this Agreement. A change of service fee may be required. A completed relocation of service will be considered a disconnect and new setup, with no change to the original Service Inception date or expiration date of this Agreement, should the relocation of Service occur prior to the completion of the first twelve (12) months of the initial Term of the Agreement. A completed relocation of service will be considered a disconnect and new setup for a term of one (1) year from the date of Service Inception at the new location so long as the months remaining in the initial contract term are equal to, or less than, twelve (12) months. Circuit installation charges for new setup will apply. Early termination charges will not apply to the disconnect portion of a completed relocation of service. If Provider does not or cannot furnish comparable Internet services to Subscriber’s new service location, then the Service will be disconnected as requested by Subscriber and early termination charges will apply.
PAYMENT SCHEDULE: Subscriber will be invoiced installation charges and the specified monthly recurring charges for the service selected following Service Inception, though Provider reserves the right to request payment in advance. Title to any equipment purchased from Provider shall pass to Subscriber upon payment in full of the sales price, including all applicable taxes. Subscriber assumes the risk of loss or damage of purchased or provided equipment upon delivery to Subscriber’s location.
Service charges are due and payable monthly in advance. Failure to pay monthly service charges shall give Provider the right, without liability, to temporarily disconnect service. A returned check will be considered non-payment of the account. Restoration of service will require payment of any unpaid balance and may require a reconnection charge. If service is not reconnected within thirty (30) calendar days, the service will be permanently disconnected. To restore service after a permanent disconnection, payment of the full, unpaid balance, early termination charges, and pre-payment of new installation charges may apply.
Late Payment Fees. A late payment fee of $5.00 or 1.5% per month (18% per annum), whichever is greater will be charged to accounts not paid within thirty days of invoice date.
Email only customers will be assessed a late payment fee of $1.00 or 1.5% per month (18% per annum), whichever is greater for accounts not paid within thirty days of invoice date.
Returned Check Charge. A $25.00 processing fee will be charged on all returned checks.
A firewall must be installed. Due to the nature of the Internet, there are inherent security risks when connecting your network to the Internet. A Firewall is Subscribers best choice in protecting Subscriber’s network and devices. Network security is the responsibility and liability of Subscriber. Provider is not liable for any breach of Subscriber’s network, security design or firewall or for any damage or problems caused by a security breach, virus, or other intrusion into Subscriber’s network and devices.
Electronic Addresses; No Liability for Changes of Address. All e-mail addresses, e-mail account names, and IP addresses (“Electronic Addresses”) provided by Provider are the property of Provider. Subscriber may not alter, modify, sell, lease, assign, encumber or otherwise tamper with the Electronic Addresses. Provider may change addressing schemes, including e-mail and IP addresses.
No Liability for Risks of Internet Use. Provider does not warrant that Service will be error free. The Bulk Internet access service, Provider’s service distribution network (the “Network”) and the Internet are not secure, and others may access or monitor Subscriber’s or the End Users’ traffic. Provider does not warrant that data or files sent or received by Subscriber over the Network will not be subject to unauthorized access by others, that other users will not gain access to Subscriber’s data, nor that the data or files will be free from computer viruses or other harmful components. Provider has no responsibility and assumes no liability for such acts or occurrences.
No Liability for Purchases. Subscriber shall be solely liable and responsible for all fees or charges for online services, products or information incurred by Subscriber. Provider shall have no responsibility to resolve disputes with other vendors.
LETTER OF AUTHORIZATION: Provider is hereby authorized to act as Subscriber’s communications representative/agent when communicating with the local telephone company on matters relevant to the circuit for service. Subscriber authorizes Provider to obtain information and/or copies of all of Subscriber’s telecommunications circuits and services, and to order and manage all telecommunications services related to the service provided. This authorization shall remain in effect for the duration of service.
EQUIPMENT: Equipment: Depending on the service purchased, specialized equipment may be furnished by Provider to Subscriber. Depending on the service and the equipment requested, Subscriber may be invoiced non-recurring and/or monthly recurring charges to use the equipment, along with any related shipping fees. Provider maintains ownership of the equipment supplied to, and used by, Subscriber. Provider will warranty and support (or replace) the equipment as long as Subscriber has service from Provider. In the event that Subscriber cancels or terminates Service for any reason, Subscriber must return the equipment to Provider within fifteen (15) calendar days from Subscriber’s written notification of termination of Service. In the event that Subscriber fails to return the equipment within the time specified, Subscriber will be invoiced an equipment Replacement Fee appropriate to the specific equipment. Subscriber is responsible for all shipping charges associated with the return of the equipment to Provider.
SUBSCRIBER-PROVIDED OR SUBSCRIBER-OWNED EQUIPMENT: Any equipment not purchased from or supplied by Provider is Subscriber provided equipment, including, but not limited to, telecommunications wiring inside Subscriber premises and behind the telephone demarcation point or network interface device. Provider is NOT responsible for support of Subscriber provided equipment and Subscriber may become liable for the expense of a Service Call if such equipment adversely affects service. For equipment purchased from Provider, the warranty is limited to that supplied by the manufacturer unless additional support is purchased from Provider.
SUBSCRIBER INSTALLATION: The installation date will be determined by Provider and communicated to Subscriber as early as possible. Unless specifically contracted for on the Service Order, Provider does not perform (i) installation of Subscriber-provided equipment, (ii) installation of any DSL modem to DSL Service, or (iii) maintenance of any telephone, data, or electrical wiring within Subscriber’s premises or on Subscriber‘s side of the telephone demarcation point or network interface device.
Subscriber is responsible for ensuring that its computer equipment is configured for an Internet service connection. This may include purchasing Network Interface Cards. In certain instances, Provider will ship equipment to Subscriber and will provide appropriate telephone support to assist in the installation of that equipment.
The equipment generally supplied to Subscriber by Provider as part of the service is equivalent to a layer 2 network bridge. It is not a router and does not, by itself, create or support networks and does not have firewall capabilities.
In the event a Subscriber installs a network utilizing the provided equipment, it is with the clear understanding that Provider is not responsible for any problems that may occur. Provider will not dispatch a technician to Subscriber’s location to resolve any computer and/or network-related problems unless Subscriber orders such work on a specific Service Order.
SERVICE CALLS: If Provider is called to Subscriber’s premises or service location and it is determined that the problem is not within the provided Internet service, a minimum service fee of $100.00 will be charged for the first hour or any fraction thereof, plus $50.00 for each additional half hour increment. The stated rates apply during regular business hours. Overtime, weekend and holiday rates will be higher. Travel and related charges may also apply.
SERVICE DELIVERY: Service or connection speed is measured between Subscriber’s premises or service location and Provider central office. Actual data transmission or throughput may be lower than the connection speed due to Internet congestion, subscriber-provided equipment and other factors which cannot be controlled by Provider. Provider is not responsible for the quality or performance of any telephone, data, fiber or electrical wiring within Subscriber’s premises.
DELAY: Provider will not be liable for any delay in the delivery or installation of service or for any damages suffered by Subscriber by reason of such delay regardless of whether such delay is directly or indirectly caused by Provider.
CONSEQUENTIAL DAMAGES: Provider is not responsible for any incidental or consequential damages, including lost profits and lost revenues, resulting from failure of, or suspension of service.
WARRANTIES: ANY WARRANTY APPLICABLE TO EQUIPMENT SUPPLIED BY PROVIDER MAY CARRY A WARRANTY FROM THE MANUFACTURER. PROVIDER DOES NOT WARRANT THIS EQUIPMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS SERVICES AGREEMENT, THE SERVICES AND EQUIPMENT TO BE PURCHASED UNDER THIS SERVICES AGREEMENT ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
ACCEPTABLE USE POLICY: Subscriber agrees to use this service in conformity with the Wyoming.com Acceptable Use Policy (AUP) located on the Wyoming.com web page at the following URL: http://www.wyoming.com. Subscriber understands that the Wyoming.com AUP is subject to change at any time.
REGULATORY FEES: Provider reserves the right to issue Regulatory Recovery Fees to Subscriber to reflect Provider’s costs related to federal, state, and municipality regulatory programs. Note that changes in fees or surcharges incurred by the Provider may also affect the amount of the fees or surcharges at any time during the year.
ADDITIONAL TERMS: If either party commences an action against the other party to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs from the non-prevailing party. If any provisions of this agreement are held to be illegal, invalid, or unenforceable, such shall not invalidate the remaining provisions hereof. This contract supersedes any previous agreements, verbal or written. In the event of legal action arising out of or related to this Agreement, including claims for non-payment of amounts owed hereunder, Fremont County, Wyoming shall be the exclusive jurisdiction and venue for said action and this Agreement shall be construed according to the laws of the State of Wyoming. If any matter is brought in a Federal Court the jurisdiction shall be the District of Wyoming.
SPECIFIC INFORMATION FOR FIBER OPTIC SUBSCRIBERS
Fiber Optic service will be provided via a cable installed either aerial or buried to a small box on the outside of the building. Additional fiber will then penetrate the building and terminate at the ONT, or Optical Network Terminal, the attachment point to Subscriber’s network. Provider will install both the exterior and the interior fiber optic cable.
Subscriber hereby grants Provider the right (including ingress and egress) to install, operate, improve, remove, repair and/or maintain its Equipment within the Premises (including without limitation any buildings or units constructed on or added to the Premises hereafter). Upon termination of this Agreement, Provider shall have the right to remove its Equipment. The rights granted hereunder shall run with the land and shall bind and inure to the benefit of the parties and their respective successors and assigns.
Subscriber hereby grants Provider an aerial or burial easement as appropriate to install the fiber across Subscriber’s property. Should Subscriber not own the property then it is Subscriber’s responsibility to obtain such easement from the owner. All disturbed landscaping will be restored to its previous appearance.
SPECIFIC INFORMATION FOR WIRELESS BROADBAND SUBSCRIBERS
Wyoming.com will dispatch a field technician to Subscriber’s premises at time of initial service installation to professionally install Wireless Broadband Internet service. Service installation includes the installation of one standard antenna, ground rod, lightning protector and Ethernet cabling from the newly installed antenna to Subscriber designated demarcation point on the same structure. If a non-standard, higher power antenna or special mounting hardware is required there may be an additional charge.
Roof Penetration Waiver – In order for Wyoming.com to deliver Wireless Internet Service to Subscriber’s location, Wyoming.com may need to install a Mounting Bracket and/or a Tripod, which will be mounted to the building’s siding, roof or facia. In the event this Wyoming.com owned equipment is later removed by Wyoming.com, Wyoming.com will endeavor to seal all penetrations, but it is Subscriber’s responsibility to repair the roof. Subscriber agrees to indemnify and hold Wyoming.com harmless for all claims in contract, tort or equity, for property damage to premises resulting from Wyoming.com’s work. The indemnified claims shall include, without limitation, claims for damage to roof, shingles, sheathing, downspouts, drains, chimneys, roof appurtenances, damage resulting from leaks, and any other damage to the premises generally.
Non-Standard Installation – Should Subscriber request a Non-Standard Installation, Subscriber will have the option of installing a pole or post at a site determined by Wyoming.com to be capable of obtaining LOS at their own expense and will then be responsible for burying the cable provided by Wyoming.com. This option will require another dispatch and therefore Subscriber will be charged an additional $ 50.00.
Wyoming.com is not responsible or liable for any of the following:
- Any obstruction(s) that might be erected or grow between Subscriber’s antenna and Wyoming.com’s serving antenna site causing degradation or loss of service.
- Damage to Subscriber’s antenna caused by Acts of God, including weather and fire. Subscriber shall be the primary responsible party for repairs and/or replacements (including charges associated with dispatching a Wyoming.com field technician to Subscriber’s premise to remedy damages).
- Adjustments to Subscriber’s antenna after service has been installed and operational for 30-days without service problems. Wyoming.com will work with Subscriber to remedy these situations, which may result in a service charge.
- Installing hardware or software on Subscriber’s computer system(s).
- Damage, whether real or perceived, to Subscriber’s computer system(s) as a result of Internet connectivity.
SPECIFIC INFORMATION FOR DSL SUBSCRIBERS
“DEMARCATION POINT” OR “DEMARC”: The point at which the local telephone company’s or Provider’s circuit(s) connects to Subscriber’s premises, building, or service location, as per FCC rules (47 CFR Part 68). A demarcation point is also known as a “NID” or “Network Interface Device”.
“INSIDE WIRING”: Any telephone or other cabling for communications, including telephone and data jacks, within a Subscriber’s service location that may or may not connect to the demarcation point.
“DSL”: DSL is a communications medium used to transfer digital signals over standard telephone lines.
“SHARED LOOP”: DSL Service provided using an existing telephone circuit where the voice telephone service is provided by the local telephone company. The DSL Service is added to the telephone circuit using the equipment of Provider, or its commonly-owned affiliate, at the Central Office of the local telephone company. DSL Service provided using a Shared Loop is NOT a service that is provided by the local telephone company.
“DEDICATED DSL LINE”: DSL Service provided using a telephone circuit that does not have voice telephone service from the local telephone company. The Line is used for Internet access, data services, WyoPhone, and/or any other DSL-related purposes as ordered by Subscriber from Provider. The Line is a dedicated connection between the Central Office of Provider (or its commonly-owned affiliate) and Subscriber’s premise or service location.
As part of the DSL Service, Provider will utilize either (i) an existing telephone circuit rented from the local telephone company (“Shared Loop”), or (ii) a Dedicated DSL line to Subscriber’s service location; as specified in the Service Order. Subscriber is responsible for any inside wiring within its premises or service location. This includes connecting the DSL Modem (received from Provider) to the DSL Service at the telephone demarcation point, which is generally a box on the outside of the building.
When Subscriber has ordered DSL Service using a Shared Loop, Subscriber can connect the DSL Modem to the Shared Loop using an existing telephone jack for the relevant telephone number.
When Subscriber has ordered DSL Service from Provider using a Dedicated DSL Line, Provider will supply the relevant circuit identification number and specific demarcation point detail to Subscriber upon completion of the installation. A Dedicated DSL Line will be labeled within the telephone demarcation point as “Contact Communications” (or some close variation thereof) and the circuit identification number.
Subscriber is responsible for connecting to the Dedicated DSL Line at the Demarcation Point. This may involve changes to the inside wiring. It is highly recommended that Subscriber work with a local telephone wiring specialist to ensure that the inside telephone wiring for the DSL Service is completed properly. Provider is not responsible for any inside telephone wiring at Subscriber’s service location, nor is it responsible for contracting with any local telephone wiring specialist or other third party for this purpose. WyoPhone service, or VoIP, will require additional inside wiring to connect telephones to the device enabling Internet service.
Provider will include a basic wiring guide with the supplied equipment, and telephone support is available by calling the Support Department at (800) 588-3304.
Subscriber may contract with Provider to perform inside telephone wiring for any of the DSL services. If applicable, the scope of work to be performed and the applicable charges will be specified within the Work Order.
IMPORTANT INFORMATION FOR WYOPHONE SUBSCRIBERS
Although the service you receive from Wyoming.com is very reliable, Subscriber should remember that no service is 100% reliable. There may be times when the service will be limited or unavailable for various reasons, some of which are beyond Provider’s control. Therefore, if Subscriber receives Provider’s WyoPhone Service, or any other VoIP service, Subscriber is responsible for the arrangement of alternative methods of contacting emergency services such as 911or E911 in the event Subscriber’s Wireless Service is not available or in use. SUBSCRIBER HEREBY RELEASES PROVIDER FROM ANY RESPONSIBILITY FOR INJURIES, LOSSES, DAMAGES OR OTHER CLAIMS FOR BODILY INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF ANY VoIP SERVICE.
ADDITIONAL GENERAL INFORMATION
Bandwidth Availability and Speed.
Provider shall use commercially reasonable efforts to provide the Internet Bandwidth Speed selected by Subscriber. Bandwidth is provided on a per-line basis and not per-device. The bandwidth available to each device connected to the network will vary depending on the number, type, configuration and media that are connected to the service. It will also vary due to current line utilization, type of use, and other factors. Subscriber understands and agrees that speeds will vary due to numerous issues outside of Providers control. This includes, but is not limited to IP overhead, your computer configuration, your use of the service, Network/Internet congestion, or the rare event of an outage or failure. Provider reserves the right, at any time, with or without prior notice to you, to restrict or suspend the service to Subscriber to perform maintenance activities and to maintain session control.