ROUTER RENTAL AND SUPPORT PACKAGE SERVICE ADDENDUM
(All Customers Other Than FTTH Customers in Virginia)
This Router Rental and Support Package (“Router Package”) Service Addendum (“Addendum”) is part of the Service Agreement between Customer and Provider and shall be deemed to be incorporated by reference in the Service Agreement. This Addendum governs the Router Package. Capitalized terms not defined in this Addendum shall have the meanings set forth in the Service Agreement.
This Addendum governs Our Router Package. In order to receive Our Router Package, You must also receive our Internet Service. Unless a different Term for the Router Package is set forth in Your COS, the Router Package is offered on the same Term as your Internet Service set forth in the Service Agreement and may only be cancelled or terminated by You on such terms and conditions as You may terminate your Internet Service.
1. General Overview
If you select the Router Package, We provide You with a wireless router (“Rental Router”) to connect to the other Provider Equipment at Your location to create a wireless access network for Your devices. In the event there is a problem with the Rental Router that is, as determined by Provider in its sole discretion, not a result of action or inaction on Your part, that cannot be corrected either over the telephone or onsite, We will repair or replace the Rental Router at our expense.
We provide Customers who subscribe to the Router Package with up to 30 minutes of troubleshooting and support (“T&S”) per month at no additional charge. This T&S is limited to assisting you in (a) connecting Your devices to the Rental Router, (b) connecting the Rental Router to the rest of the Provider Equipment at Your location and, (c) connecting Your devices, the Rental Router and the rest of the Provider Equipment at Your location to the Internet through your Internet Service. Provider will make commercially reasonable efforts to perform the T&S, and You specifically acknowledge and agree that there are many issues that our T&S will not be able to resolve.
The Rental Router is Provider Equipment and remains Our property.
2. Revisions, Amendments, or Modifications to this Addendum
The current version of this Addendum can be found on Provider’s website. We may change this Addendum or the Router Package from time to time by posting a revised version of this Addendum or announcing Router Package changes on Our website currently located at: www.allpointsbroadband.com. Such changes may include, without limitation, increasing the charges for the Router Package or including or removing features that may be offered in conjunction with the service. Changes will become effective once posted, and Your continued use of the Rental Router will constitute Your acceptance of any such changes. However, if You do not wish to continue the Router Package after a change or modification in features or functionality that materially affects the Router Package to You, You may terminate Your Router Package by providing written notice to Provider within thirty (30) days of the effective date of the modification, and You will not be charged any Termination Fee.
3. Termination of Service
To cancel or terminate Your Router Package, You must follow the procedures applicable to termination of your Internet Service (which require at least 30 days advance notice) and return Your Rental Router to Provider within 15 calendar days, at Your sole expense and according to Provider’s then-in-effect equipment return procedures.
Provider reserves the right to terminate your Router Package at any time and with no notice and shall have no liability to you as a result of any such termination.
4. Fees, Taxes and Other Charges
You are responsible for timely payment of the “Monthly Router Package” fee set forth on your COS, which shall be deemed a component of the Monthly Fees You are required to pay under the Service Agreement. The Monthly Router Package fee covers only the Router Package.
5. Restrictions on Use
You agree not to use the Router Package in any manner than is inconsistent with Your Service Agreement or Provider’s Acceptable Use Policy.
Provider has no obligation to monitor the Router Package or Your Rental Router, or any user’s use thereof. However, Provider reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to assist You and to provide the T&S.
6. Limitation of Liability
YOU ACKNOWLEDGE THAT YOU USE THE ROUTER PACKAGE, RENTAL ROUTER, AND T&S AT YOUR SOLE RISK. EXCEPT WITH RESPECT TO OUR AGREEMENT TO FIX OR REPLACE YOUR RENTAL ROUTER AS SET FORTH ABOVE, THIS ADDENDUM DOES NOT SUPERSEDE ANY PROVISION OF YOUR SERVICE AGREEMENT RELATING TO PROVIDER’S LIABILITY FOR ANY REASON AND PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE ROUTER PACKAGE, RENTAL ROUTER AND/OR T&S.
This Section 6, Limitation of Liability, will survive termination or expiration of the Service Agreement, whether terminated by You or Provider, for any reason.
7. Privacy
We have established a Privacy Policy, which governs Our collection, use, disclosure, management and security related to Your personally identifiable information. You acknowledge that You received a copy of the then in effect Privacy Policy at the time You executed this Addendum. We may update or amend the Privacy Policy at any time without Your prior consent. We will, however, provide notice of any such changes or amendments as stated in Our Privacy Policy. You understand and agree that Your continued use of the Router Package and/or Rental Router after notice of any changes or amendments have been provided will indicate Your acceptance of such changes. All such updates or amendments shall be deemed to be incorporated by reference into this Addendum.
Provider cannot guarantee, or protect against the possibility that third parties may improperly attempt to capture signals, or communications, sent between the Rental Router, Your devices, Our network and/or the public Internet. YOU ARE STRONGLY ENCOURAGED TO IMPLEMENT AND PERIODICALLY CHANGE THE PASSWORD TO CONNECT TO THE RENTAL ROUTER.
BY ACCEPTING THE SERVICE AGREEMENT, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS ADDENDUM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT ACCEPT THE SERVICE AGREEMENT OR USE THE ROUTER PACKAGE.