This Service Agreement (“Agreement”) is a contract between you (“Customer”) and Skybeam Network (“Provider”). By subscribing to and/or using the broadband internet service provided by the Provider, the Customer agrees to be bound by the terms and conditions of this Agreement.
The Provider will provide the Customer with high-speed internet access (“Service”) subject to the terms and conditions of this Agreement. The Provider will use reasonable efforts to provide uninterrupted Service, but the Provider does not guarantee that the Service will be uninterrupted or error-free.
The Provider reserves the right to limit or restrict the use of the Service, including but not limited to the amount of bandwidth available for use, and to suspend or terminate Service if the Customer violates any of the terms and conditions of this Agreement.
The Customer is responsible for all use of the Service and for ensuring that all use of the Service complies with applicable laws and regulations. The Customer shall not use the Service to engage in any illegal, fraudulent, or abusive activity, or to transmit any material that is unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable. The Customer shall not use the Service to infringe on the intellectual property rights of others.
The Customer agrees to pay all fees and charges associated with the Service, including but not limited to monthly subscription fees and any fees associated with the use of the Service. The Provider reserves the right to change the fees and charges associated with the Service at any time. Failure to pay any fees or charges when due may result in suspension or termination of Service.
Term and Termination
This Agreement shall be in effect for the term specified in the Customer’s subscription agreement. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. The Provider may terminate this Agreement immediately upon written notice to the Customer if the Customer breaches any of the terms and conditions of this Agreement.
Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. The Provider does not warrant that the Service will be uninterrupted or error-free.
Limitation of Liability
The Provider shall not be liable to the Customer or any third party for any indirect, special, incidental, or consequential damages arising out of or in connection with the use or inability to use the Service, even if the Provider has been advised of the possibility of such damages.
This Agreement shall be governed by and construed in accordance with the laws of the state where the Provider provides Service.
This Agreement constitutes the entire agreement between the Customer and the Provider with respect to the Service and supersedes all prior agreements and understandings, whether written or oral, relating to the Service.
The Provider may amend the terms and conditions of this Agreement from time to time by posting the amended terms and conditions on its website. The Customer’s continued use of the Service after such posting shall constitute acceptance of the amended terms and conditions.
The Customer may not assign or transfer this Agreement without the prior written consent of the Provider.
All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person, sent by facsimile, or sent by certified or registered mail, return receipt requested, to the address of the other party specified in this Agreement or such other address as the party may specify by written notice to the other party.