LaunchNet is committed to providing dedicated, reliable and robust Internet services by providing options that are not necessarily offered by other Internet service providers. By subscribing to LaunchNet services, you understand and agree to these terms of service and any future modifications or additions to this document.
This Agreement is between you as our Subscriber ("Customer" or "you" or "your") and LaunchNet Inc. and its affiliates ("LaunchNet") and it sets forth the terms and conditions under which you agree to use and we agree to provide the Service.
THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.
The Effective Date of this Agreement shall be when you accept this Agreement.
Acceptance by you of this Agreement occurs upon the earlier of: (a) LaunchNet's acceptance of a Service Order signed by you indicating your acceptance of this Agreement; (b) your acceptance of this Agreement electronically during an online order, registration or when installing the Software or the Equipment; (c) your use of the Service; or (d) your retention of the Software or Equipment we provide beyond thirty (30) days following delivery. If you change Service plans, your term and monthly rate may change (depending on the plan you select), but all other provisions of this Agreement will remain in effect unless otherwise noted.
This Agreement consists of the terms below (The Master Service Agreement), plus (a) the specific terms of your Service plan (including the plan's pricing, duration and applicable termination charges); (b) The Service Addendum for your service plan (Attachments A through C) and any applicable Additional Services Terms (Attachment D); and (c) other LaunchNet policies referred to in this Agreement, all of which are incorporated herein by reference. This Agreement and related policies are posted online at http://www.launchnet.net/tos ("Website"). You can also receive a paper copy of this Agreement by writing to: LaunchNet, Inc., 4880 Stevens Creek Blvd, Suit 100, San Jose, CA, Attention: Customer Service.
LaunchNet is committed to providing dedicated, reliable and robust Internet services by providing options that are not offered by other Internet Service Providers (ISPs). By entering this Agreement or subscribing to LaunchNet services, Customer understands and agrees to this Master Service Agreement and the Terms of Service applicable to service to which Customer subscribes (collectively, the "Agreement"). Additionally, Customer agrees to be bound by any future modifications or additions to the Agreement for which LaunchNet provides notice to Customer. If Customer does not agree with any modification or addition to the Agreement, Customer may terminate Customer's subscription as provided by the Termination Policy set out below. In the case of an inconsistency or conflict between terms and conditions of an applicable Service Addendum and/or Service Order, the governing order of precedence will be (1) the Service Order (2) the Service Addendum, (3) the LaunchNet Master Service Agreement.
1. Notices to Customer- Email: LaunchNet primarily communicates with customers via email. Customer agrees that sending a message to Customer's LaunchNet.net contact email address is LaunchNet's agreed upon means of providing notification to Customer. All LaunchNet Internet services come with at least one email account. Customer agrees that Customer routinely will check this email account, or in the event that Customer has another email account that Customer prefers to use, make arrangements to forward Customer's LaunchNet email to Customer's preferred account. Customer can set up or change Customer's forwarding by logging into My Account (login required). Customer's LaunchNet email account is used to communicate vital information about Customer's services, billing, service outages, the Agreement, and enhancements or changes to Customer's existing services and to make Customer aware of products or services that might be of interest to Customer. This information is time-sensitive in nature. Customer must read any email sent to Customer's account to avoid any potential interruptions in Customer's service.
On various LaunchNet web pages Customer can order services, make requests, and register to receive materials or support. The types of personal information collected at these pages are name, username, contact and billing information, transaction, and credit card information. Data collected online may also be combined with information provided during ownership registration of LaunchNet products and services. In order to tailor subsequent communications and continuously improve products and services, LaunchNet may ask Customer to voluntarily provide information regarding Customer's personal or professional interests, demographics, product experience, and contact information.
LaunchNet uses Customer's information to better understand customer needs and continuously improve the level of service provided. Specifically, Customer's information is used to help complete a transaction, to communicate back to Customer, to update Customer on service and benefits, and to personalize LaunchNet's web site. Credit card numbers are used only for payment processing and are not utilized for other purposes.
From time to time, LaunchNet may use Customer's information to contact Customer for market research or to provide Customer with information thought to be of particular interest. At a minimum, Customer will have the opportunity to opt out of receiving such direct marketing or market research contact. Where applicable, LaunchNet will also follow local requirements such as allowing Customer to opt in before receiving an unsolicited contact.
LaunchNet strives to keep Customer's personally identifiable information accurate. Every effort is made to provide Customer with online access to Customer's registration data so that Customer may update or correct Customer's information at any time. LaunchNet is committed to ensuring the security of Customer's information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, appropriate procedures are in place to safeguard and secure the information collected online. LaunchNet uses encryption when collecting or transferring sensitive data such as credit card information.
LaunchNet may also collect certain non-personally identifiable information when Customer visits LaunchNet's web-site. LaunchNet accomplishes this through the use of "cookies" or tracking mechanisms that collect this type of information. If Customer does not want this to happen or wants to know when it does happen, Customer's browser should be set to warn Customer or to block cookies (although blocking cookies may affect Customer's use of certain sites). In addition, LaunchNet or others may use small bits of code called "one-pixel gifs" or "clear gifs" embedded in some web pages to make cookies more effective.
LaunchNet has put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information LaunchNet collects online. However, no transmission of data over the Internet is guaranteed to be completely secure. While LaunchNet strives to protect Customer's information, LaunchNet cannot guarantee or warrant the security of any information Customer transmits to LaunchNet. Any such transmission is done at Customer's own risk. Neither people nor security systems are foolproof, and people can commit intentional crimes, make mistakes or fail to follow policies. Although LaunchNet takes certain precautions, LaunchNet does not guarantee security. Additionally, it may be possible for third parties to intercept or access transmissions or private communications unlawfully. Customer assumes the risk of any failure of security and agrees to do what Customer reasonably can to promote security.
3. Acceptable Use Limitations and Guidelines:
3.1 Bandwidth: As an ISP, LaunchNet's financial liability is partially determined by the amount of bandwidth customers utilize. LaunchNet can normally balance that cost and utilization while continuing to provide great service to all customers. Customers will not be charged for the bandwidth consumed, nor does LaunchNet have specific limits or caps on that bandwidth. However, if Customer utilizes any of Customer's LaunchNet services in a manner that consumes excessive bandwidth or otherwise negatively affects LaunchNet's core equipment, overall network performance, or other users' services, LaunchNet may require that Customer cease or alter these activities.
3.2 Reverse DNS: LaunchNet does not allow customers authoritative control of their own reverse Domain Name System (DNS) within the launchnet.com or launchnet.net domain.
3.3 Resale of Residential-Class Services: The resale of residential-class services as well as LaunchNet Business Voice Services is strictly prohibited. Collection of service fees from third party customers on behalf of a LaunchNet residential-class service is allowed only if the primary account holder has subscribed to a service package defined by LaunchNet to promote connection sharing of any type. This includes but is not limited to both wireless and wired connection sharing.
3.4 No Disruptions: LaunchNet believes in the right of the individual to publish information they feel is important to the world via the Internet. Unlike many ISPs, LaunchNet allows customers to run servers (web, mail, etc.) over their Internet connections, use hubs, and share networks in multiple locations. Any service that causes a disruption in the network integrity of LaunchNet or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: Internet Relay Chat servers, adult-content servers, bots, web pages hosted on any LaunchNet servers, servers connected to a LaunchNet provided Internet connection, or shared networks. LaunchNet reserves the rights to modify or terminate services at LaunchNet's sole discretion.
3.5 Acceptable Use Guidelines: Customer is ultimately responsible for any and all activity that originates from Customer's Internet circuit regardless of Customer's knowledge of such activity. This includes, but is not limited to, activity by employees, visitors and guests or other household members. This also applies to security breaches of Customer's own system by others who launch attacks from Customer's machine. It is imperative that everyone with an Internet connection takes proper precautions to ensure the security of their machine. Customer is liable and accountable for any activity originating from any of Customer's LaunchNet account services that is deemed to be in violation of LaunchNet's Acceptable Use Policy.
LaunchNet vigorously pursues all instances of abuse. If Customer feels Customer has been attacked or spammed, Customer should notify LaunchNet's Abuse Department (email@example.com) so that appropriate action can be taken.
An existing LaunchNet customer ("Existing Customer") may not, via phone or online account access, establish a new user associated with his or her account where the person on whose behalf the new user was established ("New Person") would have a reasonable expectation of privacy with regard to the account information, including CPNI, associated with the services the New Person receives from LaunchNet. Such a reasonable expectation is present if such New Person would consider himself or herself to be a LaunchNet customer, separate and apart from the Existing Customer.
In the event of activity that could be considered deliberately or otherwise abusive or in violation of this Acceptable Use Policy, LaunchNet reserves the right to suspend and/or terminate Customer's account and all LaunchNet-provided services immediately, without advance notice. LaunchNet reserves the right, at its sole discretion, to make a determination of what constitutes abuse and Customer agrees that LaunchNet's determination is final and binding on Customer. LaunchNet reserves the right to modify or terminate services at LaunchNet's sole discretion.
4. The following activities violate LaunchNet's Acceptable Use Policy:
4.1 Intellectual Property Rights Infringement, DMCA, Notice to Copyright Agent: Customer may not store material on, or transmit material over, LaunchNet's information systems or servers in any manner that infringes the intellectual property rights of any entity or individual. All notices received by LaunchNet indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account holder on file, accompanied by a request to verify and possibly cease and desist. LaunchNet's policy of service suspension or termination of members deemed to be infringing the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act ("DMCA") as well as U.S. copyright law.
If Customer believes that Customer's work has been used in a way which constitutes copyright infringement, by reason of the storage of material on LaunchNet's system or network or otherwise connected with LaunchNet's services, Customer may provide a notice to LaunchNet's designated Copyright Agent. The notice must contain all of the following information:
(i) An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit LaunchNet to locate the material;
(iv) The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
(v) A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A representation that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices (but not other notices) should be sent to the attention of LaunchNet Network Security in the following manner:
by mail: LaunchNet Network Security, 4880 Stevens Creek Blvd., Suite 100, San jose, CA 95129
by phone: 408-890-2436
by fax: 408-247-9311.
4.2 Denial of Service: The use of Customer's connection to facilitate any activity that deliberately impairs another entity, individual or machine from accessing its computer or Internet connection is a violation of this Agreement.
4.3 Cracking / "Hacking": Any customer accessing or attempting to access the machines or accounts of others or any other attempts to breach the security of other systems, regardless of success or failure, is a violation of this Agreement. This also applies to unauthorized mail or web relay/proxy access attempts and port scans.
4.4 E-Mail Spam: Transmission of unsolicited e-mail from anywhere within LaunchNet's network, distributing unsolicited, commercial, email which advertises any portion of LaunchNet's network, IP or domain space, hosting content for the purpose of spamming (such as bulk e-mail distribution lists) or providing support services (such as DNS) for anyone intending to conduct such activity, or otherwise failing to comply with the U.S. CAN-SPAM Act of 2003, is a violation of this Agreement.
4.5 Newsgroup Spam: Posting of messages to newsgroups that are off-topic or mass posting of messages to news groups is a violation of this Agreement.
4.6 Dissemination of Viruses: Intentional release of malicious software that is an attempt to cause damage or harassment to persons and/or machines is a violation of this Agreement. Repeated demonstrated neglect of equipment on the network which causes malicious traffic or allows unsolicited emails containing virus attachments to be sent to other customers or third parties is a violation of this Agreement.
5. Source Addresses: All Internet Protocol datagrams which traverse LaunchNet infrastructure are required to have valid information in the source address field of the outermost header. Customer may only emit Internet Protocol datagrams whose source address used in the outermost header satisfies one of the following conditions:
(i) The address has been allocated to Customer by LaunchNet.
(ii) Customer has made previous arrangements with LaunchNet to permit the use of Provider Independent address space across Customer's connection. Failure to abide by this requirement is a violation of this Agreement.
6. Personnel Abuse: Personal threats, sexual harassment, profanity and vulgarities of any sort directed toward LaunchNet personnel are a violation and grounds for termination of this Agreement.
7. Support: The technical support that LaunchNet provides is limited to the services that LaunchNet provides and assistance with configuring Customer's computer and/or browser and email applications to work with LaunchNet's services. Support for other applications and uses is not provided or implied unless specifically contracted.
8. Shell Accounts: Some offered packages include a Unix shell account accessible from any computer in the world that has Internet access. Shell accounts are not automatically created.
For Customer's security, shell accounts that remain inactive for at least 90 calendar days will be disabled. Remaining data may be archived for an additional 90 calendar days. The retrieval of archived shell account data may require a Retrieval Fee if not already deleted.
Programs not associated with a logged-in interactive user are prohibited and will result in termination. This includes but is not limited to bots (for IRC or anything else) and cron jobs. LaunchNet reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space.
9. Newsgroups/Usenet Service: News server connections are a limited resource and shared among all LaunchNet members. One Gigabyte of news throughput is provided for free per account login each calendar month. News throughput benefits are subject to change per LaunchNet's discretion. LaunchNet does not guarantee throughput to or articles from the news servers.
10. Account Information and Password Policy: Upon account creation Customer will receive a username and password and other account information. Customer and members of Customer's business are the authorized users of LaunchNet services and must comply with this Agreement. Customer must protect Customer's account by guarding Customer's password carefully. Customer is responsible for all use of Customer's account(s) and for the confidentiality of any password selected by Customer. LaunchNet will suspend or modify Customer's account(s) as soon as practicable after notification from Customer that a password has been lost, stolen or otherwise compromised. Customer must notify LaunchNet immediately if Customer believes Customer's account may be compromised.
11. Accounts Receivable, Billing and Invoicing: All account payments are processed by LaunchNet Inc.
LaunchNet reserves the right to perform a credit/background check as part of the qualification process prior to order placement or at any other time at LaunchNet's sole discretion and to either cancel the order without liability to either party or require prepayment of up to 90 days worth of service fees based on the results of this check.
Bill Accounts will be invoiced 30 days prior to the start of each regular monthly service period. Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice's Due Date. All payments will be applied to the oldest unpaid invoice in relation to the Customer account's bill cycle. For example, if the Customer Bill Account's Invoice Date is the 15th of the month and payment remains past due until the 28th, Accounts Receivable will apply Customer's payment back to the previous month, forwarding Customer's Due Date for current charges to the 15th of the following month. Customer will need to make another payment before the 15th to keep Customer's account from becoming past due again. If a payment in any form is recovered or otherwise not paid by Customer's financial institution, there will be a Returned Payment Fee.
12. Account Billing: Billing will commence on Customer's Activation Date (i.e. the day LaunchNet's vendor declares Customer's circuit or Voice Services installed, inbound switch completed, Customer's Dialup, Rainmail, Domain Hosting, or other service account created.) Customer will be financially responsible for all service time thereafter unless LaunchNet is notified within a timely manner of an outstanding issue which LaunchNet deems to justify service credit. All additions to Customer's existing service package are recognized as non-refundable regardless of usage. Service fees may include applicable state and federal taxes and fees in addition to the advertised rate.
LaunchNet charges for its service continuously regardless of whether or not Customer is using it because LaunchNet continues to maintain Customer's connection, reserve IP space, accept mail and keep files Customer has saved in Customer's account on LaunchNet's servers. This is also true of accounts that are Frozen (denied access) due to non-payment.
13. Invoices and Payment: Residential-class Bill Accounts are automatically setup for credit card autorenewal by default, using the credit card information provided during the order process. To update Customer's credit card information or turn on or off the auto-renewal of Customer's account, please visit My Account (login required). LaunchNet will make every effort to process auto-renew payments from Customer's credit card or checking account 7 days prior to each invoice's due date. LaunchNet reserves the right to charge the credit card on file if Customer's check payment is cancelled, fails to process through the Automated Clearing House (ACH), or if Customer's account, regardless of auto-renew status, remains past due.
Business-class Bill Accounts will be mailed a monthly paper invoice free of charge unless alternative billing arrangements have been made. Residential-class Bill Accounts will be invoiced solely via email unless a physical paper invoice is requested for an additional charge per invoice.
14. Late Payment and Billing Disputes: Acceptance of late or partial payments (even if marked "Paid in Full" or with other such verbiage) shall not waive any of LaunchNet's rights to collect the full amount of Customer's charges for the Service. Customer must notify LaunchNet in writing within sixty (60) days after receiving Customer's Invoice if Customer disputes any LaunchNet charges on that Invoice or such dispute will be deemed waived. Billing disputes should be directed to LaunchNet in one of the following manners:
Customer agrees to reimburse LaunchNet for reasonable attorneys' fees and any other costs associated with collecting delinquent or dishonored payments. If charges cannot be processed through Customer's credit card, LaunchNet will charge Customer an additional $25.00. If the state law where Customer receives the Service requires a different fee, LaunchNet will charge Customer that amount.
15. Term: This Agreement commences on the Effective Date, and continues through the latest expiration of all Order Form or Service Term(s) subject to this Agreement, unless earlier terminated as provided herein.
16. Termination: LaunchNet reserves the right to terminate Bill Accounts that remain past due at its final discretion. Upon termination, services on the account will be discontinued and all files will be removed from LaunchNet's servers without further notice. Any applicable Disconnection Fees will be applied and due at that time.
If Customer wishes to reinstate service with LaunchNet, Customer will be required to pay all outstanding charges from the inception of Customer's service continuously to the current month, which is always paid in advance. If Customer's account is permanently deleted, Customer's username may be reassigned. If Customer wishes to reinstate Customer's account, Customer will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from Customer's former account.
LaunchNet has the right to terminate Customer's service at its sole discretion as determined by LaunchNet's Acceptable Use Policy. Customers within an active service term that are terminated due to violation of LaunchNet's Acceptable Use Policy and Limitations or that are past due will be assessed a standard Disconnection Fee. All customers terminated for any of these reasons are liable for any and all outstanding funds due to LaunchNet at the time of service termination, including but not limited to rendered service, hardware and installation fees.
Should Customer opt to terminate Customer's LaunchNet service(s), Customer must contact LaunchNet via telephone or email on the date Customer wishes the termination to take effect. All disconnection requests will be processed on the date the request is received. This applies to both total account and single service terminations. Broadband services are also subject to LaunchNet's Disconnection Policy.
LaunchNet reserves the right to modify this Agreement and if Customer does not agree with any modification or addition to the Agreement, Customer may terminate Customer's subscription as provided by the Termination Policy set out above. If Customer does choose to terminate Customer's service on the basis of a modification in the Agreement, Customer is responsible for all outstanding funds due to LaunchNet at the time of the termination. Monthly service fees will be pro-rated and customer agrees that the LaunchNet has the right to determine what is owed in the final invoice.
17. Limitation of Liability and Remedies: Customer assumes full responsibility and risk for Customer's use of the service and of Customer's account. LaunchNet is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that Customer may suffer or that some other person may suffer and claim against Customer resulting from the following: use, misuse, or service outage; customer provided hardware; Customer's actions or activities, whether legal or illegal; the actions or activities of any other LaunchNet customer, whether legal or illegal; or any other goods or services provided by LaunchNet or any of its vendors.
If Customer's state laws prevent Customer from taking full responsibility for Customer's use of the service, LaunchNet's liability is limited to the greatest extent allowed by law. In any event, LaunchNet's liability to Customer under this Agreement or in relation to any matter in any way connected with this Agreement, for any and all types of damages, in no event shall exceed the amount of service fees that Customer has paid to LaunchNet in the year preceding Customer's notice of any claim to LaunchNet, or the affected period, whichever is greater.
NOTWITHSTANDING ANY OTHER PROVISION HEREOF, LaunchNet SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF CUSTOMERS, LOSS OF DATA, INTERFERENCE WITH BUSINESS OR COST OF PURCHASING REPLACEMENT SERVICES) ARISING OUT OF THE PERFORMANCE OR FAILURE TO PERFORM UNDER ANY CUSTOMER ORDER OR THESE TERMS AND CONDITIONS INCLUDING BUT NOT LIMITED THOSE ARISING FROM LaunchNet'S FAILURE TO MEET AN INSTALLATION DATE (EXPEDITED OR OTHERWISE) REGARDLESS OF WHETHER LaunchNet HAS BEEN INFORMED OF THE POSSIBILITY OF THE LIKELIHOOD OF SUCH DAMAGES.
18. Disclaimer of Warranties: LaunchNet makes no express or implied warranties (including warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose), representations, or endorsements regarding its service or related equipment or software, or any third party material available through the service. Furthermore, the service, equipment and software are provided on an "as is, as available" basis -- LaunchNet DOES NOT WARRANT THAT THEY WILL BE UNINTERRUPTED OR ARE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
19. Indemnity: Customer AGREES TO DEFEND, INDEMNIFY, AND HOLD LaunchNet HARMLESS FROM ANY LOSS, DAMAGE AND OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM Customer's VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO Customer's ACCOUNT.
20. Governing Law: Customer agrees that this Agreement shall be governed by the laws of Washington with regard to its rules on conflicts of laws.
21. Copyright, Trademark & Unauthorized Use: All Services, information, documents and materials on LaunchNet's website(s) are protected by trademark, copyright, patent and other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of LaunchNet are and shall remain the exclusive property of LaunchNet and nothing in this Agreement shall grant Customer the right or license to use any of such marks.
22. Final Qualification: LaunchNet is committed to providing quality Internet services. However, LaunchNet is not ultimately responsible for the quality of Customer's actual computer or any modifications Customer makes to any equipment LaunchNet supplies. LaunchNet is committed to solving Customer's problems but LaunchNet is not responsible for failings in individual Operating Systems and custom configuration of Operating Systems, Operating System components, software, network hardware, or inside wiring.
Although LaunchNet wishes to provide an equitable solution to every customer, LaunchNet reserves final rights in providing service and final discretion in all decisions.
23. Amendment: This Agreement, and any Service Addendum or Service Order, may only be modified or supplemented by an instrument in writing executed by a duly authorized representative of each party if by Customer, or by notice from LaunchNet as described herein if by LaunchNet. Without limiting the generality of the foregoing, any handwritten changes to a Service Order shall be void unless acknowledged and approved in writing by a duly authorized representative of each party.
24. Use of Name, Logo, Quotes & Case Studies. Customer extends to LaunchNet the right to use, copy, transmit, display, and distribute Customer name, logo, quotes, case studies and testimonials in connection with LaunchNet products. Such use shall include but not be limited to, sales collateral, websites, PR, advertising and other associated activities involving applicable external communications, using all media known and hereafter developed. Customer will have the pre-approval of all uses of Customer logos, as well as quotes, communication and messaging related to Customer. Customer agrees to provide comments of approval or changes within 48-hours of receipt or request for such approval.
25. Entire Agreement. This Agreement, including any future Service Addendum(s) and Service Order(s) executed hereunder, constitutes the entire and final agreement and understanding between the parties with respect to the Service and supersedes all prior agreements relating to the Service, which are of no further force or effect. The Service Addendums are included below in Attachments A through C and are hereby made integral parts of this Agreement.
26. Service Orders. By signing a Service Order form, Customer agrees to pay all charges incurred on Customers LaunchNet Broadband Services, LLC and/or LaunchNet, Inc. (Collectively "LaunchNet") account(s) as described therein, including any applicable federal, state or local use, excise, sales, privilege taxes, duties, or similar liabilities, by the stated due date and to adhere to all of the terms and conditions stated in the LaunchNet Master Service Agreement and its Addendum(s), and promotional offerings and the terms and conditions included with the Service Order and its Appendices (collectively the "Agreement") which are hereby incorporated by reference. Customer also authorizes LaunchNet to obtain any credit information necessary and/or Customer proprietary network information, necessary to provision the LaunchNet Service and to establish this LaunchNet account, and authorizes release of said information by any and all third parties to LaunchNet. Further, Customer represents that he/she is authorized to approve and accept the responsibility of the terms and conditions therein.
All initial upfront charges are due and payable by Customer according to the terms and conditions of the Service Order. Delays in payment may result in Service activation delays. Service Order may not reflect all applicable federal, state or local use, excise, sales, privilege taxes, duties, or similar liabilities that may be applicable to the Services or the hardware which Customer will be responsible for paying.
Upon receipt of the Service Order executed by Customer, if LaunchNet determines (in its sole discretion) to accept the Service Order, LaunchNet will return a copy of the Service Order fully executed with LaunchNet's representative's signature. LaunchNet will become obligated to deliver ordered Service subject to the Master Service Agreement, its Addendum(s) and the Service Order only if LaunchNet has returned to Customer a copy of the Service Order fully executed with LaunchNet's representative's signature.
27.1 Rebates. Customer may be eligible for equipment rebates. Customer is solely responsible for applying for and collecting any and all such rebates, which may not be used to offset any initial upfront or other charges, including but not limited to charges for hardware and installation.
27.2 Delay. If, at any time after execution of a Service Order, Customer causes a delay in Service installation or port dates, Customer shall be responsible for any additional cost and fees incurred by LaunchNet or Customer as a result of this delay.
27.3 Warranty. LaunchNet provided equipment may be covered by the original manufacturer's warranty. LaunchNet assumes no liability for any equipment, LaunchNet provided or otherwise.
27.4 Prepayment For Hardware. For hardware costs exceeding $5,000, LaunchNet will schedule the delivery of hardware and provisioning of Services upon LaunchNet's receipt of payment from Customer for 100% of the hardware charges and according to the other terms and conditions of this Agreement, its Addendum(s) and Service Order(s).
27.5 Customer Provided Hardware. If Customer has opted to provide its own equipment, Customer will be solely responsible for procuring any firmware licenses and/or updates and LaunchNet shall have no obligation to provide such firmware licenses or upgrades.
1. Pricing Guarantee. In the event that LaunchNet's pricing increases, Customer's monthly recurring charge will remain at the price set during order placement or special billing agreement for 12 months following Customer's Activation Date. Additionally, if Customer's account is invoiced quarterly, semi-annually or annually, Customer will receive Customer's set monthly recurring charge until the end of the current payment period. This does not include new orders under the same name and/or location or new orders associated with a service relocation, nor orders for service changes that may be required if the desired service is not available due to technical or other reasons. Price changes for different packages at the same speeds, technologies, and throughput level are not included; one-time charges, applicable state and federal taxes, and promotional pricing are excluded. This guarantee only applies to the recurring broadband service charges.
2. Service Term Information. LaunchNet requires Customers ordering broadband installations and inbound switches to commit to an initial service term at least twelve months. Service terms may be extended for additional monthly increments due to specific offerings or promotional terms. Service terms are required to offset associated costs of service acquisition and to enable LaunchNet to maintain innovative broadband policies and service features for a sustained period of time. Customer's initial service term begins once LaunchNet's vendor declares Customer's circuit as up and running on LaunchNet's network, referred to as Customer's Installation or Activation Date.
In the event of a service move (if Customer moves and has the service installed at the new location), a new initial service term will begin again from the date of activation at the new location. Additionally, in the event of a switch from another ISP to LaunchNet, the initial service term will begin from the date that the ISP switch is completed. Requests to have Customer's circuit switched to an alternate service provider at anytime during an active service term with a specific order will be subject to an Outbound Switch Fee to cover LaunchNet's provisioning expenses.
3. Installation Procedure Policy. LaunchNet is not responsible for loss of income or time due to an order not being completed within the time frame desired, service outages, missed CLEC or ILEC appointments, and/or Trouble Ticket dispatches.
Should a new order be placed for line-sharing DSL on a voice line with existing DSL service, a vendor may find it necessary to migrate that service in order to complete Customer's installation. This may occur without warning during the course of Customer's order. Customer is ultimately responsible for identifying this prior to initial order placement as well as handling any outstanding contractual obligations with Customer's former DSL provider.
For most installation and/or truck roll dates, an individual over the age of 18 must be present to grant access into the business, home, garage, apartment building, basement, phone closet, etc. so the technician can complete his or her work. In the event that there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to LaunchNet at least 2 business days in advance, there will be a Missed Appointment Fee charged. Similarly, a No Access Fee will be charged if a technician is denied access to the phone closet (NID or Dmarc) due to a locked facility, or by the actions of others.
If Inside Wiring is authorized during order placement, Customer is financially responsible for any and all applicable Inside Wiring Fees. If Customer chooses not to pre-authorize Inside Wiring work, and it is determined that additional wiring is needed to complete Customer's installation, it is Customer's responsibility to ensure the necessary wiring is completed by Customer or a third party vendor. The Installation technician will supply Customer's CPE (Customer Premise Equipment), and service will be considered Activated once the line from the Central Office to Customer's phone box is verified as running.
The maximum number of phone line filters recommended on any line sharing order is three. Additional phone lines/filters may interfere with the quality of Customer's DSL service.
4. IP Allocation
Residential Packages. The number of static IPs varies from package to package. Additional IPs can be purchased, with a maximum allotment of 8 for bridged services. Any packages expressly marketed as including one Dynamic IP are an exception to this rule, as they are limited to one IP only. At this time, LaunchNet may choose to assign a static IP to these services, as some CPEs cannot be configured to use dynamic IPs without specific software. Testing of various software applications for future use is being looked into, and LaunchNet reserves the right to switch a static IP to dynamic at any time.
Business Packages. Most Business class packages include 5 static IP's. Routed IPs are available in blocks of 5, 13, 29, 61, etc. for SDSL and T1 services only. Business Class ADSL, Dedicated ADSL, and ADSL2+ circuits have a maximum of 5 static IP's. Additional IP's for these services may be available in the future. Bridged Business class packages are limited to 32 IPs.
5. Service Guarantee. LaunchNet's Broadband Connectivity & Services Service Level Agreement is available to Customers at http://www.launchnet.com/tos and/or will be provided upon request. LaunchNet's Broadband Connectivity & Services Service Level Agreement is subject to change at LaunchNet's sole discretion, and as such is updated by LaunchNet from time to time.
6. Disconnection Policy. It is the responsibility of the Customer to notify LaunchNet of cancellation via phone. Returning hardware, completion of service term, or cessation of payment does not constitute notification of cancellation.
PRIOR TO ACTIVATION - Cancellations within 72 hours of order placement will not be subject to penalty. Cancellations Requested before the Activation Date and after 72 hours from initial order placement will be subject to a Processing Fee. If Customer's order has not been installed after 60 calendar days, Customer may cancel without penalty. There are no associated penalties for orders canceled by LaunchNet or its vendors due to technical limitations.
FOLLOWING ACTIVATION - LaunchNet offers a 25-day Trial Period on all ADSL services. If Customer feels that Customer must cancel within 25 calendar days of Customer's Activation Date, Customer may do so without being subject to a Disconnection Fee. Any outstanding Monthly Service, Installation, Missed Appointment, No Access, Internal Wiring, or Promotional Fees will apply. If your ADSL service or your SDSL, IDSL or T1 service with an initial order placement date before August 5, 2005 is disconnected or terminated after 25 calendar days from your Activation Date and prior to end of your initial service term, or at anytime during an extended service term with that specific order, you will incur a Disconnection Fee.
LaunchNet offers a 30-day Service Guarantee on all SDSL, IDSL and T1 services. If LaunchNet is either unable to meet LaunchNet's installation guarantees or if during the first 30 calendar days following Customer's Activation Date Customer's service does not operate in accordance with LaunchNet's Service Guarantees, Customer may cancel Customer's circuit without being subject to a Disconnection Fee and Customer will be eligible to receive a credit for any Installation, Construction or Special Access Fees that were charged and, upon its return to LaunchNet as described below, any Hardware purchased from LaunchNet. Customer will be charge for any outstanding Monthly Service, Missed Appointment, No Access and Internal Wiring Fees.
To be eligible under the 30-day Service Guarantee, Customer must be in compliance with the terms of the Master Service Agreement, Service Addendum and Service Order. All Service Guarantee claims must be documented as Trouble Tickets opened with LaunchNet's support team and Customer's cancellation request must be made within 30 days of Customer's Activation Date. If there are (a) no Trouble Tickets logged or (b) LaunchNet determines (in LaunchNet's sole discretion) that Customer is, or has been, in violation of the terms of the Master Service Agreement, Service Addendum and Service Order including, but not limited to its Acceptable Use Policy or (c) cancellation is requested more than 30 days after Customer's Activation Date and prior to the end of Customer's initial service term or anytime during an extended service term with that specific order, Customer will not be eligible for any credits under the 30-day Service Guarantee and Customer will be liable for at least the standard Installation Fee (regardless of any marketing promotions that may have been applied).
Should Customer opt to terminate Customer's service with LaunchNet following any applicable Trial Period or without benefit of eligibility under the 30-day Service Guarantee, disconnection will be processed on the day on which the request is made. Upon termination, a final invoice will be generated, which will include any credits or refunds for service paid in advance and charges for any outstanding Monthly Service, Installation, Missed Appointment, No Access, Internal Wiring, Promotional or Disconnection Fees, if applicable.
If Customer moves or disconnects a specific circuit during an active service term and reorders that LaunchNet broadband service within 30 days, LaunchNet will credit the charged Processing Fee or Disconnection Fee to Customer's account upon notification of Activation. The Processing Fee or Disconnection Fee will not be refunded if the new installation is unsuccessful, or the line is cancelled within the 25 day Trial Period.
Disconnected orders are not eligible for rebate reimbursement. Customers with ADSL, SDSL, IDSL or T1 equipment (CPEs) that have received a vendor and/or LaunchNet rebate will not be reimbursed. ADSL, SDSL, IDSL or T1 CPEs that have not received a rebate will be reimbursed if the circuit was disconnected during a Service Guarantee or Trial Period for which it is eligible, and the CPE is postmarked for return to LaunchNet via the United Parcel Service (UPS) within 25 days of Customer's Activation Date in the case of the 25-day Trial Period or within 30 days of Customer's Activation Date in the case of the 30-day Service Guarantee. Equipment must be in its original packaging and with its original contents. This includes all Ethernet/power cables, power supplies, manuals, and discs that may have been provided with Customer's specific CPE.
In the event that during any thirty (30) day period of service, Customer is eligible for credit for four (4) or more individual issues under this Service Level Agreement for the Broadband Connectivity Service, such being a Chronic Outage ("Chronic Outage"), customer may terminate the effected Broadband Connectivity Services without liability for further term commitments. In the event that Customer terminates Broadband Connectivity Services as allowed by this provision, Customer will remain responsible for all fees and charges for any Site Survey, Installation, Equipment and services used. LaunchNet must receive written notice of Customer's intent to terminate service as permitted herein within thirty six (36) hours of the completion of the thirty (30) day period in which the qualifying events occurred.
Digital Subscriber Line is a complex technology with known limitations that must be acknowledged, however, LaunchNet will do its best to provide Customer the maximum speed of the line Customer is ultimately delivered.
The availability targets referenced below do not account for scheduled outages on LaunchNet's network or events outside of LaunchNet's control, including, but not limited to, force majeure events or Customer equipment outages.
The throughput Customer receives can vary from line to line depending on a variety of factors such as Internal Wiring, line quality, location, Internet traffic, and other variables outside of LaunchNet's control. Due to this, LaunchNet provides ADSL as a best effort service, and cannot guarantee upload or download speeds.
Credits for service outages due to vendor or ILEC issues are issued only after the circuit in question has been out of operation for at least 72 hours. This is measured from the time a vendor Trouble Ticket is created, and indicated by the time stamp on the Trouble Ticket. If Customer is experiencing a service outage, Customer should contact LaunchNet's support team as soon as possible to begin proper troubleshooting.
The service guarantees described below only apply to Business Select and Business Select Plus OneLink packages.
LaunchNet provides an uptime availability target of 99% for OneLink services each calendar month. If LaunchNet fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer's package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if through no fault of Customer, no traffic is exchanged on the line, or LaunchNet is unable to ping Customer's otherwise correctly installed router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
LaunchNet's target response time for initializing service restoration following phone notification of a OneLink ADSL service outage is 36 hours. If LaunchNet is unable to meet this target response time, Customer may request a credit for 10% of Customer's package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits combined with any other credits for which Customer is eligible during a calendar month exceed the total of Customer's package's monthly recurring charge.
The service guarantees described below do not apply to Residential-class IDSL services.
LaunchNet provides an uptime availability target of 99.9% for SDSL or IDSL services each calendar month. If LaunchNet fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer's package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or LaunchNet is unable to ping Customer's router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
LaunchNet's target response time for initializing service restoration following phone notification of a SDSL or IDSL service outage is 24 hours. If LaunchNet is unable to meet this target response time, Customer may request a credit for 10% of Customer's package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of Customer's package's monthly recurring charge.
LaunchNet guarantees 80% throughput on all SDSL and IDSL services. If Customer receives one of these services and it is continuously and chronologically documented through LaunchNet tests and vendor Trouble Tickets as functioning below the guaranteed throughput for 60 days, Customer may disconnect Customer's line without penalty. This is also true if a LaunchNet vendor (CLEC) or Customer's telephone company (ILEC) has deemed Customer's line as unable to reach the guaranteed 80%, and Customer is unable to downgrade to a lower speed within the same technology.
LaunchNet will make every effort to install Customer's T1 circuit within 40 calendar days of Customer's date of order. In the event that we fail to meet this target, Customer is eligible for a credit of 50% of Customer's first monthly recurring charge. To claim this credit, Customer must request it from Customer's account manager within 30 calendar days of Customer's installation date. This guarantee does not apply to pre-installation cancellations due to technical limitations.
LaunchNet provides an uptime availability target of 99.99% for T1 services each calendar month. If LaunchNet fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer's package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or LaunchNet is unable to ping Customer's router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
LaunchNet's target response time for initializing service restoration following phone notification of a T1 service outage is 4 hours. If LaunchNet is unable to meet this target response time, Customer may request a credit for 10% of Customer's package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of Customer's package's monthly recurring charge.
LaunchNet guarantees 100% throughput on T1 loops between the customer premise and Central Office (i.e., Customer's router will train to 100% of the purchased speed level). If Customer's circuit is continuously and chronologically documented through LaunchNet tests and vendor Trouble Tickets as functioning below the guaranteed loop speed for 60 consecutive days, Customer may disconnect service without penalty. LaunchNet does not guarantee throughput from the Internet to a personal computer and vice-versa, as actual throughput is highly dependent on external factors such as Internet congestion and protocol overhead.
LaunchNet guarantees a maximum average latency of 60 milliseconds from Customer's router to a test point on the LaunchNet network. Average latency is the hourly average of the latency tests performed on a T1 circuit. Average latency is not measured when a T1 is experiencing a service outage. Should Customer's average latency exceed the guaranteed maximum in a calendar month, Customer is eligible for a credit equal to one day's worth of service.
Packet return is guaranteed at a minimum hourly average of 99.8% from Customer's router to a test point on the LaunchNet network. Packet return is not measured when a T1 is experiencing a service outage. Customer is eligible for a credit equal to one day's worth of service for each hour that Customer's packet return rate is below the minimum. A maximum of 3 days' worth of service shall be credited for packet loss in a calendar month.
Test points for both latency and packet loss guarantees are designated by LaunchNet and may be Customer's gateway router or a server within Customer's LaunchNet Point of Presence. Testing must be done in a period where the only traffic on the T1 circuit is the test traffic. In the case of continuous high latency or packet loss exceeding LaunchNet's service guarantees, LaunchNet reserves the right to recommend the disconnection of Customer's service without penalty.
LaunchNet guarantees 100% throughput on Business Ethernet loops between the customer premise and Central Office (i.e., Customer's CPE will train to 100% of the purchased speed level). If Customer's circuit is continuously and chronologically documented through LaunchNet tests and vendor Trouble Tickets as functioning below the guaranteed loop speed for 60 consecutive days, Customer may disconnect service without penalty. LaunchNet does not guarantee throughput from the Internet to a personal computer and vice-versa, as actual throughput is highly dependent on external factors such as Internet congestion and protocol overhead.
LaunchNet provides an uptime availability target of 99.99% for Business Ethernet services each calendar month. If LaunchNet fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer's package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or LaunchNet is unable to ping Customer's router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
LaunchNet's target response time for initializing service restoration following phone notification of a Business Ethernet service outage is 4 hours. If LaunchNet is unable to meet this target response time, Customer may request a credit for 10% of Customer's package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of Customer's package's monthly recurring charge.
LaunchNet guarantees a maximum average latency of 60 milliseconds from Customer's router to the nearest gateway on the IP network. Average latency is the hourly average of the latency tests performed on a Business Ethernet circuit. Average latency is not measured when a Business Ethernet is experiencing a service outage. Should Customer's average latency exceed the guaranteed maximum in a calendar month, Customer is eligible for a credit equal to one day's worth of service.
Packet return is guaranteed at a minimum hourly average of 99% from Customer's router to a test point on the LaunchNet network. Packet return is not measured when a Business Ethernet is experiencing a service outage. Customer is eligible for a credit equal to one day's worth of service for each hour that Customer's packet return rate is below the minimum. A maximum of 3 days' worth of service shall be credited for packet loss in a calendar month.
Test points for both latency and packet loss guarantees are designated by LaunchNet and may be Customer's gateway CPE or a server within Customer's LaunchNet Point of Presence. Testing must be done in a period where the only traffic on the Business Ethernet circuit is the test traffic. In the case of continuous high latency or packet loss exceeding LaunchNet's service guarantees, LaunchNet reserves the right to recommend the disconnection of Customer's service without penalty.
LaunchNet does not guarantee "ping times" for any product. Ping times are often misunderstood as indicative of throughput or speed of Customer's line. If Customer has any questions or concerns regarding ping times or throughput, Customer should contact LaunchNet Customer.
All LaunchNet-provided customer premise equipment is pre-configured for the service ordered. LaunchNet technicians know Customer's equipment, and can make any changes needed after Customer's service is installed. Support for the hardware configuration comes with the service; customer modifications that make the hardware inaccessible remotely to LaunchNet technicians will result in billable configuration/repair by LaunchNet and/or vendor technicians. If Customer provides Customer's own equipment, arrangements must be made during order placement. LaunchNet cannot guarantee Customer's hardware's compatibility with LaunchNet's services or LaunchNet's ability to support it. If a technician visit is required to reconfigure pre-owned or non-LaunchNet provided hardware, an additional charge may be involved. If Customer requires the password to access Customer's router, LaunchNet provides no warranty on the hardware configuration and is no longer responsible for the repair or reconfiguration of the router.
If a vendor technician dispatch is necessary to repair any non-LaunchNet/non-vendor initiated changes to the on-site equipment or wiring that renders that device inoperable or unreachable by LaunchNet remotely, hardware reconfigurations, or hardware repairs not covered under warranty, there will be a Technician Dispatch Fee. Dispatch Time spent on site and/or additional repairs may be billed per vendor discretion. This does not apply to dispatches needed for a repair due to normal service outages unless deemed necessary by LaunchNet's vendors.
Other than as specifically described in these Terms of Service, LaunchNet makes no guarantee or warranty of any kind. LaunchNet does not warrant or guarantee that its service is fit for Customer's particular purpose. LaunchNet does not warrant or guarantee that its service meets any implied warranty of merchantability. LaunchNet does not warrant or guarantee that its service meets any other implied warranty or guarantee and specifically disclaims any other implied warranties or guarantees.
7.1 Hosting. In addition to the terms provided in the All Services section of this document, the following terms apply specifically to customers utilizing LaunchNet's Web Hosting Services.
Server Resources. Per the terms of LaunchNet's Master Service Agreement, should Customer's website utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, LaunchNet reserves the right to request that Customer either upgrade Customer's web hosting service package or reduce Customer's website's use of resources to an acceptable level. LaunchNet will be the sole arbiter of what is considered to be an excessive amount of server resources. LaunchNet reserves the right to suspend or shut down any Web Hosting account deemed to adversely affect server performance or network integrity.
Spam. LaunchNet strictly prohibits bulk, unsolicited email and related practices, as defined by LaunchNet's Master Service Agreement.
Scripts. Scripts that pose a potential security risk and/or are deemed to adversely affect server performance or network integrity will be shut down or removed without prior notice.
IRC. LaunchNet does not allow IRC clients or IRC bots to be hosted and operated on its web-hosting servers.
Content Restrictions. All content hosted on LaunchNet's servers are subject to LaunchNet's Master Service Agreement including but not limited to its sections concerning Acceptable Use. LaunchNet servers may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to, Intellectual Property Rights Infringement, child pornography and material that constitutes an illegal threat or violates export control laws.
Modifications. LaunchNet may modify from time to time, and in any way, without limitation, any data, software, or hardware used to provide customers with LaunchNet's services. Certain changes to LaunchNet's services may affect the operation of customers' personalized applications and content. While LaunchNet will work with its customers to provide proper notice of such changes, each customer is solely responsible, and LaunchNet is not liable, for any and all such personalized applications and content, except as expressly agreed to by LaunchNet.
Backup of Data. Customers are solely and entirely responsible for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with LaunchNet services.
Non-LaunchNet Products. Any mention of non-LaunchNet products by LaunchNet and its employees is for information purposes only and does not constitute an endorsement or recommendation by LaunchNet. LaunchNet disclaims any and all liabilities for any representation or warranty made by the vendors of such non-LaunchNet products or services.
7.2 Dialup. Dialup connection numbers and methods are subject to change or replacement at any time. LaunchNet reserves the right to direct those with dialup service to specific numbers, or restrict the use of others. Customer is responsible for any long distance charges associated with the use of Customer's LaunchNet dialup.
Customer's LaunchNet dialup service is restricted to one simultaneous connection per unique LaunchNet username. Dialup services must remain in an active state without the aid of an automatic connection refreshing program/device for the duration of the session. Unlimited service does not provide a dedicated connection, and LaunchNet's standard dialup package includes 150 hours of connectivity per month. LaunchNet reserves the right to disconnect, suspend, cap, or change connection requirements based on the abuse or misuse of Customer's dialup connection.
Dialup service does not come with an uptime or connection throughput service guarantee.
7.3 LaunchNet Bonded T1. All Bonded T1 services are assigned a Dedicated Business Account Manager, responsible for the resolution of account and service issues. LaunchNet's Dedicated Business Account Management team is guaranteed to provide a response time of one business day for modifications to Customer's service's configuration, and a four hour response time for Bonded T1 related outages following phone notification. A Bonded T1 related outage is defined as the unavailability of one or more of the individual T1 connections due to a failure or malfunction of LaunchNet's Network. Credits for Bonded T1 service outages will be prorated based on the time between initial outage notification and restoration of Bonded T1 service.
If any of the circuits in Customer's Bonded T1 are disconnected or terminated at any time following Customer's Activation Date and prior to the end of an active service term, Customer will incur the Disconnection Fee associated with those circuits. Should LaunchNet's Dedicated Business Account Management Team fail to meet set response time guarantees more than two times within a calendar month, Customer may disconnect service without penalty.
8. One Time Charges.
CHARGES ARE SUBJECT TO CHANGE AT LaunchNet'S SOLE DISCRETION. Please reference LaunchNet's website at http://www.launchnet.com for a full description of current charges.
Standard ADSL Disconnection Fee: Customers will be charged a $200 Disconnection Fee for any specific individual ADSL circuit order that is disconnected or terminated prior to the end of its then current service term.
Standard IDSL Disconnection Fee: $300 Disconnection Fee for any specific individual IDSL circuit order that is disconnected or terminated prior to the end of its then current service term.
Standard SDSL Disconnection Fee: $300 Disconnection Fee for any specific individual SDSL circuit order that is disconnected or terminated prior to the end of its then current service term.
Standard T1 Disconnection Fee: Customer will be charged a $600 Disconnection Fee for any specific individual T1 circuit order that is disconnected or terminated prior to the end of its then current service term.
24 Month Term T1 Disconnection Fee: Customer will be charged a $1,100 Disconnection Fee for any specific individual T1 circuit order that is disconnected or terminated prior to the end of its then current service term.
36 Month Term T1 Disconnection Fee: Customer will be charged a $1,500 Disconnection Fee for any specific individual T1 circuit order that is disconnected or terminated prior to the end of its then current service term.
LaunchNet Business Ethernet Disconnect Fee: Customer will be charged a disconnect fee equal to 100% of the monthly recurring service fees remaining in their service term for any individual Business Ethernet circuit that is disconnected or terminated prior to the end of its then current service term.
Dispatch Time is charged per vendor discretion for time spent on site during a dispatch. Covad charges are $20 per whole or partial 15 minutes.
Inside Wiring Fee of $150 for the initial hour, $88 per hour there after.
$199 Line Conditioning Fee where applicable on IDSL, ADSL, and 192 SDSL services provided through New Edge Networks.
$150 Missed Appointment Fee if there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to LaunchNet at least 2 business days in advance.
$150 No Access Fee if a technician is denied access to the phone closet (NID or Dmarc) due to a locked facility, or by the actions of others.
ADSL Processing Fee: Customer will be charged a $49 Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date.
SDSL Processing Fee: Customer will be charged a $149 Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date.
IDSL Processing Fee: Customer will be charged a $149 Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date.
T1 Processing Fee: Customer will be charged a $49 Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date. Customer will be charged a $300 Processing Fee in addition to any Construction/Special Access (including the LaunchNet paid portion thereof) or Special (Non-Standard) Installation Fees Customer approved for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date.
Business Ethernet Processing Fee: You will be charged a $499 Processing Fee for all Business Ethernet cancellations requested after 72 hours from initial order placement and prior to the Activation Date.
$49 Retrieval Fee applied for all requests of data retrieval from LaunchNet's servers.
$25 Returned Payment Fee if a payment in any form is recovered or otherwise not paid by Customer's financial institution.
$199 Technician Dispatch Fee if a vendor technician dispatch is necessary to repair any non-LaunchNet/non-vendor initiated changes to the on-site equipment or wiring that renders that device inoperable or unreachable by LaunchNet remotely, hardware reconfigurations, or hardware repairs not covered under warranty. Additional repairs may be billed per vendor discretion.
9. Notices. Certain notices hereunder may be delivered to Customer by LaunchNet by sending them to an e-mail address identified in the Service Order and/or Site Detail Form, including but not limited to pricing updates, the Customer Welcome Letter and Service Connection Notices. Notices so e-mailed shall fulfill the notice requirements under the Agreement.
10. Other Fees. LaunchNet will invoice, and Customer will pay fees for CPE, Devices, Site Surveys and other services as described in the Service Order and/or Site Detail.
LaunchNet reserves the right to change, amend, or revise this SLA policy at any time. Changes or revisions to the SLA will be deemed effective upon posting the applicable revision on LaunchNet's website.