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TERMS AND CONDITIONS OF BROADBAND SERVICE
Subscriber or Anvil may terminate this agreement at any time. Subscriber must notify Anvil in writing of Subscriber’s desire to terminate the Service, then Anvil will retrieve its
equipment and terminate this Agreement for future Service at the end of the current monthly billing cycle. Subscriber keeps any equipment purchased outright. Subscriber shall receive a full refund for any
future Service fees paid in advance but not a refund of any Installation fee or past Service fees paid or due
1. Obligations of Anvil.
Subject to the availability of the Service in Subscriber’s area and payment of Installation fee (if any) and first month’s Service fee, Anvil shall provide, install, and maintain the Service provided hereunder.
2. Lawful Purpose and Interference.
Anvil’s Service is only to be used for lawful purposes. Subscriber shall not transmit, re-transmit or store material in violation of any federal, state or local laws and/or regulations. Upon notice from Anvil, Subscriber shall promptly eliminate any hazard, interference or service obstruction that hardware or software not provided by Anvil is causing, or is likely to cause. Anvil will, at its option, troubleshoot problems caused by such hardware or software at Subscriber’s request. Such services are billed out at rates in effect at the time such services are requested. These rates are available upon request.
3. Installation and Service.
Anvil will install equipment that it deems appropriate for delivery of its service at the subscriber’s location. Service is available at an Ethernet outlet (“Anvilnet Jack”) installed by Anvil in the customer location. Anvil retains ownership of and will maintain all equipment needed to deliver service to that outlet. Customer is responsible for all equipment and software required to permit installation, use, and maintenance of the Service provided hereunder from the point of the connection to the Anvilnet Jack outlet; and will provide Anvil, and its suppliers of services and equipment, access to the premises necessary to get to or add to the installed equipment or to perform any acts required by this Agreement. Subscriber further grants Anvil and its’ agents access to any and all equipment and software, including but not limited to exclusive administrative access to radios, routers, and other devices and programs owned by Subscriber but necessary for access to the Service. Anvil agrees to restore Subscriber’s access to these Subscriber owned facilities upon termination of service.
4. Payment. Rates are set forth on the Service Order. Fees for the Service will begin on the date of commencement of Service to
Subscriber. Fees shall be invoiced in advance. Additional services or purchases by Subscriber from Anvil may also be incorporated in the Invoice. For all Invoices, payment is due upon receipt. Fees more than 15 days
overdue will subject Subscriber’s Service to interruption without any liability whatsoever to Anvil. Such interruption does not relieve Subscriber from the obligation to pay the fees. Interest charges of 1.5% per
month, or the highest amount permitted by law, will accrue daily on all accounts more than 30 days overdue. Additional fees may apply in the event of service interruptions for non-payment.
5. Term and Termination.
The initial term of this Agreement shall be for the term ordered. Such period shall begin on the date of Installation and shall automatically renew for successive periods equal in length to the initial term until terminated as set forth below or until written notice of non-renewal by either party is delivered to the other party. The terms of this Agreement shall be binding on the parties and their permitted successors and assigns. Subscriber may terminate this Agreement at any time by written request as set forth herein. Subscriber agrees that in such event service and billing shall terminate at the end of the current billing cycle. Either party may terminate this Agreement upon default of the other of any payment due or other material obligation under the Agreement. Upon termination, Subscriber shall surrender any and all equipment belonging to Anvil in the possession of Subscriber in good working condition or the Subscriber agrees to incur the cost of restoring the equipment to good working order or replacing the equipment as determined by Anvil.
6. Liability and Indemnity.
Anvil does not exercise any control whatsoever over the content of any information passing through its networks. Anvil will not be responsible for any damages Subscriber suffers for any reason, including, but not limited to loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions whether caused by the acts and omissions of Anvil and its employees, or of Subscriber, of any other party or matter whether in or out of the control of Anvil or Subscriber. ANVIL MAKES NO WARRANTIES OF ANY KIND EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTIBILITY OR FITNESS OF A PARTICULAR PURPOSE, FOR SERVICES PROVIDED HEREUNDER. Any legal action arising out of the provision of Anvil’s Service shall be brought within a period of one year of the occurrence or is deemed waived. Subscriber agrees to indemnify and hold harmless Anvil from any and all claims resulting from Subscriber’s use of the Service which causes damage to Subscriber or any other party.
7. Proprietary Rights.
Anvil grants Subscriber a non-exclusive, non-transferable license to use the Service and Anvil’s equipment provided hereunder. Title and property rights, including all intellectual property rights to such products and Service, are and shall remain with Anvil, whether or not they are embedded in any product. Subscriber recognizes that the products and Service used hereunder constitute valuable trade secrets of Anvil. Subscriber will use its best efforts to protect and keep confidential any and all products and services used by it and shall not attempt to copy, examine, in any way alter, or re-engineer, tamper with, or otherwise misuse such products and services.
8. Transfer and Assignment.
Neither party, other than for collateral purposes, may sell, assign or transfer this Agreement without prior written consent of the other party, except that either party may assign this Agreement to any of its affiliates or any person or entity that acquires substantially all of the assets of such party.
Resell.
Subscriber and its permitted successors and assigns may not resell or re-license the Service under any circumstances whatsoever without the explicit written permission of Anvil.
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