CASTLES INFORMATION NETWORK
Master Wireless Internet Agreement
Master Wireless Service Agreement
January 2009
Revised – January 2016
Revised – October 2016
Customer grants Castles Information Network, Inc., hereafter referred to as Castles and its contractors and/or subcontractors permission, by the best means possible, to attach customers equipment, including wire, to the building that the Customer owns, leases, or rents, and has the authority to grant same in order to provide high speed Internet service, hereafter referred as Service, at his/her residence and/or office location, hereafter referred to as Property, referenced at end of the document
This document contains the entire agreement between Castles and you, the Customer, and no salesperson, installer, customer service representative, authorized retailer, reseller, or other similarly situated individual is authorized to change the terms set forth herein. Castles may, however, change the terms and conditions of this Agreement in the future and will notify you if that occurs. The terms of this Agreement, which either are expressly stated to survive or by their nature would logically be expected to survive termination, shall continue thereafter until fully performed. The validity, interpretation, enforceability and performance of this agreement shall be governed by and construed in accordance with the laws of the State of California.
Customer realizes that it may be necessary for Castles to place a ladder against the building in order to gain access to Customer’s roof, upper deck or other structural members for installation of Castles equipment. Customer hereby warrants that the structures are safe and in good order and if by chance that Castles technician should cause a collapse or further weakening of any roof surface, structure, decking, or chimney stack due to rotten or poor building materials, Customer will hold Castles harmless for the repair of same.
Customer grants Castles representatives, agents, or repair persons access to Customer’s Property at reasonable times and upon reasonable notice, to enter upon the premises for purposes of connecting, disconnecting, inspecting, repairing, replacement in whole or in part, updating and/or removing any of the Customer Premise Equipment (CPE) and the Service. Customer warrants that he or she is the owner or tenant of the premises and that he/she is dully authorized to grant such rights. Customer agrees to indemnify and hold Castles and its contractors and/or subcontractors harmless from any claim resulting from a breach of this warranty and right. Only Castles representatives, agents, or repair persons can move or remove the clients equipment where originally placed by Castles unless written permission is granted by Castles.
If Customer, their family members or guests remove or change the location of the clients equipment, once installed, Castles will relocate same and charge Customer a service fee for their time, plus any replacement of equipment cost or Castles may terminate service altogether to Customer.
The Service will be provided by Castles, where available, whereby the Customer will be able to connect to the Internet via the CPE strategically located on or in the Customer’s building or attached to the Customer’s building by means of a transceiver radio or antenna mounted on the roof, provided by Castles. It may be necessary for Castles to drill into the side of the building, chimneystack or attach its equipment to the roof surface of the Property.
In return, Customer agrees to pay a setup/installation fee for Service, and a monthly charge. Customer may opt to pay by credit card or check. If customer agrees to pay by credit card via electronic charge, payment will be automatically charged to Customer’s credit in advance, for each month of Service Customer requires. Customers may opt to contact Castles Billing each month and provide their credit card information so that the charge for Service may be processed. Payments are due Not Later Than 10 days after the invoice date or the first of the month whichever is applicable. In most cases, customers will be prorated for the first month of Service and payments are then due on the 1st day of each month.
If Customer’s credit/debit card is insufficient to pay for the subsequent months Service, Castles will try to charge Customer’s account several time until the 15th of the following month where upon payment will be due in cashier’s check or money order or Castles will disconnect Service until other payment arrangements can be made. A reconnection fee will be charged for continued Service. Castles reserves the right to refuse Service or reconnection of Service to any Customer. If customer prefers to be billed monthly by mail, Castles will charge a surcharge for hard copy billing. Castles may elect to charge customer several months in advance and deduct charges on a monthly basis to deliver Service.
Fees
Hard copy billing, processing fees, installation fees, reconnection fees, and other associated fees and costs are published on the Castles web site and may be reasonably changed from time to time.
Wireless Services: the term "Services” shall mean the wireless Internet access made available and any other wireless services that Castles may provide to customers either now or in the future. Service is considered established by achieving connectivity to Castles installed Customer Premise Equipment (CPE). You may not rebroadcast, transmit, share, trade, transfer, etc. your service with another site (residence, business, etc.) without our express, written consent. If we later determine that you utilized your wireless Internet access equipment (including any additional receivers) or sold, leased or otherwise gave possession of the same to a third party who you knew or reasonably should have known intended to use it to permit the access of the Services in a residential or commercial establishment or any other area open to the public, we may terminate the Services and in addition to all other applicable fees, you agree to pay us the difference between the price actually paid for Services and the full commercial rate for such Services, regardless of whether we have or had the commercial rights to such Services. The payment of that amount and/or the termination of Services shall not prejudice our ability to exercise any other rights and remedies we may have under this Agreement, at law, in equity, or otherwise.
Customer Premise Equipment (CPE)
Equipment Use and Responsibility: in order to receive Service it will be necessary for to have approved CPE from Castles or a third-party vendor. Equipment purchased from third-party vendors must be pre-approved by Castles to ensure compatibility with the network. Customer is responsible for the safety and security of the wireless equipment. Should equipment be stolen or damaged, customer may be required to pay for applicable equipment replacement and installation costs beyond that of “normal” wear and tear. The Customer is advised not to move or tamper with the Service and equipment once the installation is completed. Line-of-sight to the signal transmitters (towers or relays) must be maintained. CPE contains certain components and software, which are proprietary to Castles and/or its vendors. You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within your wireless equipment. Such actions are strictly prohibited and may result in termination of your Services and/or legal action.
CPE is typically the exterior mount, if provided, the exterior receiver/transmitter and the power injector/supply. Purchase – CPE is incuded in the installation price or custome quote. Title passes to customer upon installation and maintenance or replacement is not included.
Castles will provide up to 100 feet of cable, included in the installation price, from their receiver/transmitter equipment to the power injector/supply; and will, where necessary and mutually agreed, install extra cable, or connect wirelessly, at extra costs, throughout the Property, subject to the ability for the radio signal to penetrate the inner walls or obstructions. It may be necessary to utilize both wire and wireless means for connectivity.
Customer agrees to notify Castles if their equipment has been tampered with, damaged by storms, or vandals, or is interfering with other radio wave equipment at Customer’s property. If there is evidence that Customer, including their guests and family members or contractors, misuses, breaks, moves, removes, or loses the equipment, Castles will repair/replace equipment and Customer may be responsible for service call charges.
In certain specific and unique instances equipment may be purchased and/or installed by Customer. Equipment purchased/installed by Customer will be billed a service charge for adding the equipment to the network and having a Castles technician verify the installation and set the alignment. If unique equipment is purchased by or for Customer, Customer shall maintain ownership of equipment. No equipment maintenance is included unless a separate maintenance contract is executed between Customer and Castles.
If equipment is defective or just stops working altogether, Castles will work with customer to determine cause.
Customer agrees not to share his/her Service with any other party during the term of this agreement. Customer agrees not to cut or split the Service by any means at their disposal. Evidence of such activity may result in disconnection of Service and/or back billing for the additional connection to the originating date of this agreement.
Castles does not take any responsibility for damage or loss of intelligence data stored or currently being worked on if Service is disrupted or if Customer claims they contracted a Virus/Spyware/Adware through Castles Internet Service. Customer acknowledges that Internet is not an exact science and Castles has no control at the source of said Service and/or any website or E-mail received or signed onto by Customer. Customer agrees to hold Castles harmless if Customer should loose data or has a E-Mail transmission disrupted due to a disconnection or interference from Castles source or from any disruptions caused by a third party not in Castles control or if Castles should cause said disruption due to their action(s) or due to a disruption or cut off for non payment as described herein.
Castles will do everything reasonable and within their power to restore Customer’s connection to the Internet so long as they have access to the property during normal working hours. Service may be affected by availability of technicians, equipment or weather. If Customer should suffer an inability to connect or has been disconnected from the service that was caused by a problem of Customer’s computer and not due to Castles equipment or signal strength, Castles has the right to charge Customer for the service call, regardless if Castles technician was successful in restoring service to the computer.
IT IS RECOMMENDED THAT CUSTOMER PRESERVE AND SAVE THEIR DATA REGULARLY WHILE CONNECTED TO THE SERVICE.
Castles warrants to Customer that the Service will comply with all government regulations and controls and they do not change, alter, or reduce the utility value of the Service. Castles does however offer Customer different levels of bandwidth:
Castles installation will consist of testing signal strength at Customer’s address, installing the necessary equipment to assure satisfactory Quality of Service. If there are any problems or limitations that the structure of the premises resulting in no, low, or interference of the signal, Castles representative shall discuss any possible alternatives to provide Service if possible. Castles cannot be held responsible for the inability to provide Service due to the physical structure limitations of the premises or the geographic location of the promises. Delivery of Service may have to be postponed until Castles can provide adequate level of Service to Customer’s premises or neighborhood. Castles reserves the right to refuse Service to Customer’s premises.
CASTLES DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE USE OR OPERATION OF THE CUSTOMER EQUIPMENT OR THE SERVICE. CUSTOMER’S SOLE REMEDY FOR CLAIMS ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE SHALL BE LIMITED TO A PRO RATA CREDIT OF MONTHLY SERVICE CHARGES TO BE APPLIED AGAINST FUTURE MONTHLY SERICES HEREUNDER, UPON TIMELY CUSTOMER REQUEST AND CASTLES VERIFICATION. CASTLES OR ITS REPRESENTATIVES, OR AGENTS CANNOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM, AT ANY MINIMUM SPEED OR WITHIN CUSTOMER SUBSCRIBED LEVEL OF SERVICE. CASTLES ONLY WARRANTS THAT THEY CAN PROVIDE SAID SERVICE. CUSTOMER ASSUMES ALL RISKS AND IS INCOURAGED TO INVESTIGATE IF CASTLES INTERNET ACCESS SERVICE IS RIGHT FOR CUSTOMER’S USES AND RISK EXPOSURE.
Customer agrees to use the Service for legal purposes either for Customer’s personal or business needs. Customer further agrees not to resell the Service in whole or in part by wire or wireless means to any third party. Customer agrees not to interfere or “Jam” Castles signal that would prevent other Castles customer’s access. Any violations to this agreement, Castles reserves the right to terminate Service and to receive damages, including legal fees, from Customers illegal use, reselling, or interference of Service to others.
Customer should be aware that when using the Service to access the Internet or any other online network or service, there are certain transfer protocols, such as FTP (File Transfer Protocol) and HTTP (Hyper Text Transfer Protocol), which may allow other Service users and Internet users to gain access to Customer’s computers and/or devices. If Customer chooses to run such transfer protocol, Customer should take appropriate security measures. Castles shall not have any liability what so ever for any claims, losses, actions, damages suits or proceedings resulting from, arising out of or otherwise relating to the use of such transfer protocols by Customer, including without limitation, damages resulting from others accessing Customer’s computer.
Monthly Residential and Business Pricing Plans
See Castles.com for all current plans and pricing. Pricing and bandwidth packages are changed from time to time. Plan changes are not retroactive to existing customers.
Castles wireless service connection MAY NOT be used for any web hosting, hacking, Spam e-mail programs, or any illegal activities of any kind. Castles monitors all traffic on network and any customer found to be performing any of the activities above, will have their service terminated with no refund on installation fees or monthly fees already paid.
Castles Point-to-Multipoint is a shared access network. Speeds are relative to cutomer premise equipment (radios, routers, network cards, etc.) and customer environment (local wifi interferences, customer wifi range, etc.). Both download and upload speeds are impacted by the number of customers online at any given time, what the customer is doing as well as others at that location, upstream provider issues, and the list goes on and on.
Changes in or Cancellation of Services
Except as otherwise set forth in this Agreement, you may change your Service (upgrade or downgrade) at any time by notifying us. Customers may not downgrade to any plan designated as an introduction plan. A fee may apply to such changes. You have the right to cancel your Service for any reason at any time after your agreed term of Service is complete. There will be no penalty or other fees imposed for cancellation of Service, which occurs after your agreed term of Service. Your subscription will be automatically renewed on a month-to-month basis unless you contact us to cancel. Early cancellation of Service will result in a final billing equal to the amount owing for the balance of the initial commitment term if customer is on a commitment term. Equipment purchased up-front is owned/retained by the customer, whereas all leased equipment is owned/retained by Castles and must be returned upon cancellation of service or an equipment charge will be applied to your final bill.
Any change in Service will require sufficient notice and Customer will be invoiced the prorated difference in Service. Not all service levels available in all areas or to all customers. Promotions or intro pricing and reduced bandwidth plans are not available to existing customers.
Service is prorated for the first month based on a 30-day month. From there service is billed approximately 10 days prior to the end of each month and due by the 1st of the month. Internet access is billed in advance of service being provided. We request 30-days notice of cancellations. Any customer that cancels on or after the 1st of the month is responsible for the full month that they cancel. Service must be terminated on the last day of the month or the customer must pay the entire month. Wireless accounts may be transferred to a new property owner. New account owners must complete a wireless signup form.
Termination or Suspension of Services: Castles has the right to terminate your Services at any time without providing notice to you if: (1) your account is 30 days past-due; (2) we receive confirmation that you have received the Services, or any part of the Services without paying for them; or (3) you otherwise violate the terms of this Agreement. If your Service is cancelled for any reason, you are still responsible for payment of all outstanding balances accrued, including any applicable fees. A service reconnect fee may be due if an account is suspended for any reason.
Billing Policy
Unless you prepay for Services, Castles will bill you each month, in advance, for Services (and leased equipment, if applicable) until you cancel the Services. Accounts unpaid 30 days after due date are in default and will be disconnected. In order for Services to be restored, all past due charges, a reconnect fee, and a deposit equal to a minimum of one (1) month’s charges must be paid. Termination of Service to any account in default does not relieve Customer of the obligation to pay past due amounts or the monthly fees for the Services under the agreed initial term of Service. If we use a collection agency or attorney to collect money owed, Customer agrees to pay all reasonable costs of collection or other action including, but not limited to, the costs of a collection agency, attorney's fees and court costs.
Acceptable Use Policy
Castles Information Network, Inc. (Castles) supports the free flow of information and ideas over the Internet and does not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with our Service Agreement, we may remove any materials that, in our sole discretion, may be illegal or may subject us to liability. Castles may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. The following constitute violations of this policy:
a. Illegal Use. Using the Services to transmit any material (by email, uploading, posting or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
b. Harm to Minors. Using the Services to harm, or attempt to harm, minors in any way.
c. Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
d. Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
e. Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes" and "chain letters."
f. Forgery or Impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.
g. Unsolicited commercial email/Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
h. Unauthorized Access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Castles or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
i. Copyright or Trademark Infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
j. Collection of Personal Data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
k. Reselling the Services. Reselling the Services without Castles authorization is prohibited.
l. Network Disruptions and Unfriendly Activity. Using the Services for any activity, which adversely affects the ability of other people or systems to use Castles services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Customer’s responsibility to ensure that their network is configured in a secure manner. A Customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.
Privacy Policy: when you browse the Internet, you browse anonymously. Castles routinely collects information about your connection speed, quality of service, up-time availability and other technical information related to your Internet performance. Under normal circumstances, Castles does not monitor, store or share information about websites visited, files downloaded, e-mails sent or received. Castles may disclose or access account information when we believe, in good faith, that the law requires it, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Agreement.
Limitations of Liability: Castles shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, which may include any Acts of God, fires, earthquakes, floods, power or technical failure, acts of any governmental body, labor disputes, changes in law, regulation or government policy, riots, war, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, or any other cause beyond our control. Castles assumes no liability for performance degradation due to line-of-site impedance or obstructions, radio-frequency (RF) interference, or natural or man-made obstacles. Castles assumes no liability for loss of data, revenue or other circumstances resulting from delays, non-deliveries, misdeliveries or Service interruptions. Castles will not be held responsible for any damages that may occur to any other equipment or property, or any other consequential or incidental damages of any kind, whether based on contact, negligence, or strict liability.
Copyright Infringement
Customer, tenants, guests, contractors and any other person or entity that is allowed access to Castles services whether with or without Customer permission binds Customer to all local, state and federal laws regarding copyright infringement. Should Castles receive notification that any illegal activity, including the downloading or copyrighted or pirated materials and works, Customer shall be notified and Service will be immediately suspended. Customer will be responsible for identifying the individual or entity that illegally made the download and shall to the best of their ability insure that the download was not shared or transferred and that any and all copies are immediately destroyed. Customer will report to Castles their actions relative to the matter. Upon satisfactory resolution Castles will restore Service. Customer shall not receive credit for time suspended. Should Customers, tenants, guests, contractors and any other person or entity have a second violation, the same protocol shall be executed. Should a third incident occur, Service shall be immediately terminated and Castles will refer the matter to Federal Authorities.
