Acceptable Usage Policy (AUP)
Internet Service Provider / Customer Agreement

 

 

In order to begin service, you must review the following terms and conditions governing the Internet Access Service (Service) provided by Cityless Internet Services, LLC. These terms and conditions will constitute a binding contract (Agreement) between you (also referred to herein as “client”) and Cityless Internet Services, LLC (CIS). This agreement identifies CIS' obligations to client and client’s obligations to CIS when client uses the Service. Client agrees that client's use of the Service constitutes client's consent and agreement to all of the following terms and conditions. Any breach of this Agreement by client shall be considered a material breach and allow CIS the right to terminate this Agreement with three days notice.

 

I) The Service
A. CIS agrees to provide the undersigned (hereinafter “client”) with a nonexclusive, non-transferable, limited license to access the Internet through CIS' wireless and wired network facilities.
B. CIS makes no representation, warranty or promise other than as specifically set forth in this Agreement. All agreements between client and CIS are hereby merged herein.
C. Client agrees to pay CIS an installation fee of $75.00.
D. Client also agrees to pay CIS a monthly service charge in advance for the monthly period in which those changes are incurred pursuant to the terms of the statement client receives from CIS. Said service charge shall be based on the following packages and fees:
 

 

Applicable Fees

Service Package

Service Speed* (download/upload)

*Mbps = megabits per second; Kbps = kilobits per seconds

Service Fee/Month

ECONOMY

1 Mbps/0.5 Mbps

$20/Month

BASIC

5 Mbps/2.5 Mbps

$45/Month

STANDARD

10 Mbps/5 Mbps

$55/Month

ENHANCED

15 Mbps/7.5 Mbps

$65/Month

Premium

25 Mbps/12.5 Mbps

$100/Month

CUSTOM

Varies

Varies

 

 

 

Zone Fee

$1.50/month/each tower needed to transmit signal to service site

 

OPTIONAL: Static IP Address

$10/month/static IP address

 

 

 

 

 

 

E. Client Premise Equipment (CPE) Fees
Client must purchase required CPE as detailed in Client Detail Sheet. CPE purchase may be refunded based on prorated value at time service is terminated. Prorated value is based on a 1 year period. For example, if initial CPE purchase was $126, CPE value would decline $10.50 each month. In this scenario, after 6 months, CPE prorated value would be $63.00
F. Support
CIS will be responsible for maintaining Internet connectivity from installed client premises equipment (CPE) to the Internet. Connectivity problems originating from the client’s equipment behind or inside of CPE is not the responsibility of CIS, but can be supported with a separate consulting service agreement.

 

II) Client Rights and Responsibilities
A. By completing enrollment and accepting all terms of the Agreement, client becomes an authorized user of the Service. Continued acceptance of this Agreement is a condition of the Service. Client is responsible for complying with all of the terms and conditions of this Agreement, and with all policies and guidelines posted on the Service Website.
B. Client agrees that CIS may: (1) periodically revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges; and (3) revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately upon posting the revised Agreement on CIS' website, or upon notification to client by e-mail or United States mail.
(i) Client agrees to review the Agreement periodically. If any revision to this Agreement is unacceptable to client, client may terminate this Agreement at any time by contacting CIS through the following means: (1) E-mail to support@citylessinternet.com; or (2) U.S. mail to:
Cityless Internet Services, LLC
P.O. Box 168
Canon City, CO 81215.
(ii) Continued use of the Service following notice of any revision of the Agreement constitutes client acceptance of any and all such revisions.
C.Client is personally responsible for all use of the Service under client ID and/or IP address, even if someone else utilizes them. Illegal, fraudulent, or abusive use of any ID or of the Service is grounds for immediate account termination, and said activity may be referred to the appropriate law enforcement authorities. Enrolling or using any ID on the Service under a name other than client’s own is prohibited.
D. Client is personally responsible for keeping any and all IDs or passwords for CIS' services private, including all personal information such as social security number, credit card numbers and PINs. Client must promptly inform CIS if client suspects any breach of security, such as loss, theft, or unauthorized disclosure or use of client ID or password. Until CIS is notified of a breach of security, client will remain responsible for any unauthorized use of the Service occurring under client ID, IP address, and/or password.
(i) The benefits or rights conferred by this Agreement are nontransferable and non-assignable. The connectivity provided is expressly limited to client. Resale or use of this connection by another person or persons is prohibited without prior written consent of CIS.
(ii) Use or attempted use of a Service to improperly disrupt any of the CIS' Service accounts or the CIS' Service network may result in account termination and referral to enforcement authorities. Such use or attempted use includes, but is not limited to, “social engineering” (tricking other people into releasing their passwords), password cracking, security hole scanning, denial-of-service attacks, ping-flooding, sending packets with an improper packet size, UDP flooding, half-open TCP connection flooding, arp poisoning, man-in-the-middle attacks, etc.
E. Client agrees that the Service may only be used for lawful purposes. Any transmission (whether an upload or download) outlawed by state, federal, or international law is strictly prohibited, including, but not limited to, transmission of unauthorized transactions, copyrighted materials, misappropriated trade secrets, and threatening, harassing, or obscene materials. CIS reserves the right (but is not obligated) to review and edit any material submitted for display or placed on the Service, excluding private e-mail messages. CIS may refuse to display or may remove for the Service material that CIS believes violates this Agreement or any policies or guidelines posted by CIS on the Service. CIS may also remove any material it deems harmful and/or offensive to other subscribers, merchants, information providers, the Service or the business interests of CIS. Client agrees to indemnify and hold CIS harmless from any and all losses and liabilities arising from unlawful use of the Service.
(i) CIS bears certain legal liabilities for the use of its computer network and equipment. CIS prohibits any and all use of its network for illegal purposes. When presented with a valid search warrant, subpoena, or similar legal document, client agrees that CIS may be obligated to release information associated with client account and use of the Service and that CIS will cooperate with authorities in any criminal investigation of inappropriate Internet usage.
(ii) Any unauthorized use of CIS' accounts or computers or CIS' customer accounts by client, whether or not the target account or computer belongs to a CIS Internet customer, will result in action against client. Possible actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the unauthorized use.
F. Harassment or abusive use of e-mail and other Internet services is not allowed. CIS will handle incidents of harassment or abusive use on a case-by-case basis.
(i) CIS is subject to the provisions of the Electronic Communications Privacy Act, 18 U.S.C. '2701 et seq, which prohibits an electronic communications service from producing the contents of electronic communications, except in limited circumstances.
(ii) CIS reserves the right to request a copy of the complaint and any supporting documentation to indicate how CIS' e-mail address is related to the pending litigation which underlies a subpoena.
(iii) Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mailing lists. Inappropriate posting may result in account suspension or cancellation. “Spamming,” or sending a message to many different off-topic newsgroups, is not allowed. Sending a message, especially an advertisement, to more than five recipients is considered by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Unsolicited advertisements via e-mail, or via discussion groups whose charter does not explicitly allow advertisements, are not permitted.
(iv) Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. Privacy can never be guaranteed from every possible mail server; therefore, users seeking additional privacy should use an encryption scheme to render messages unreadable by eavesdroppers. CIS places a high value on privacy and will only examine users' e-mail when absolutely required; for example, when troubleshooting e-mail delivery problems or being served with a valid search warrant for the information.
G. Client will purchase required CPE, and CPE will be the property of the client. However, during the term of Service, CIS reserves the right to secure access to CPE to ensure proper configuration and operation. Under no circumstance will CIS be responsible for damage to CPE caused by lightning, vandalism, intentional or unintentional acts, or any other cause including but not limited to acts of God. If CPE becomes damaged and non-functional, it is at the discretion of the client to purchase new equipment to continue service. Software installation and configuration of client-owned equipment, with the exception of required CPE, is solely the responsibility of the client.
H. Client must pay in full for monthly service charges within 10 days of billing date. If client fails to pay in full within 10 days of billing date, a late fee will be assessed. The late fee charge is 5% of balance due and accrues monthly until full payment is made. If client fails to pay in full within 45 days of billing date, CIS reserves the right to terminate service.
III) Copyright and Trademarks
A. Except for public domain material, all material contained on the Service is copyrighted. The CIS name and logo and all related product and service names, including design marks and slogans, are the trademarks, service marks or registered trademarks of CIS. All other products and service marks contained herein are the trademarks of their respective owners. Client may not reproduce or redistribute such material, in whole or in part, in any manner, without prior consent of the copyright or trademark owner, which must be via written and witnessed documentation.
(i) Client agrees not to post or transmit works that are subject to another party's rights, on or through the Service, without that party's express permission. Such posting or transmitting:
(a) will result in termination of this Agreement; and
(b) may result in civil or criminal liability.
B. Federal and state law prohibit the unauthorized use of materials that are the subject of copyright, trademarks, trade secrets and other rights of third parties. Accordingly, client may be subject to liability due to uploading, downloading, or use of such materials in violation of applicable laws and regulations. Use of the Internet is solely the client’s responsibility. To minimize potential liability, CIS recommends that client practice common sense and net etiquette when using the Internet. Review carefully what is posted and what is uploaded or downloaded. The rules of Internet etiquette are straightforward and useful in determining what may be posted or copied.
(i) The Digital Millennium Copyright Act outlines what act(s) constitute copyright infringement.
(ii) Use, duplication or disclosure of Software and Documentation by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, and in similar clauses in the NASA FAR Supplement.
C. CIS is under no obligation to monitor the information residing on or transmitted to CIS servers. However, anyone using this Service agrees that CIS may monitor its network or server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; and/or (2) to operate the server properly or to protect itself and its users. CIS reserves the right to modify, reject or eliminate any information residing on or transmitted to CIS Internet that it, in CIS' sole discretion, believes is unacceptable or in violation of these terms and conditions.
D. Should any user of information on CIS Internet provide CIS with information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential and CIS assumes no obligation to protect such information from disclosure.
E. Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on CIS' system or network, should be promptly sent in the form of written communication to CIS' Designated Agent:
Cityless Internet Services, LLC
P.O. Box 168
Canon City, CO 81215
E-mail address: support@citylessinternet.com
Claims must include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit CIS Internet to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement 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; and
(vi) A statement 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.
F. Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by CIS.
IV) Warranty
A. Client acknowledges and gives consent that CIS exercises no control or censorship of third party content. Use of any information obtained via the Service is at client’s own risk. Parents should take necessary precautions to monitor and supervise the use of the Service by minors.
B. CIS expressly disclaims and in no event shall be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from, but not limited to:
(i) loss of use, data or profits.
(ii) loss of hardware or software
(iii) access delays or access interruptions.
(iv) computer viruses or other harmful components.
(v) data nondelivery or data misdelivery.
(vi) negligent acts and/or omissions of CIS or CIS' affiliated companies.
(vii) errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the Service...and
(viii) acts of God, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of the information on CIS Internet or the Internet generally.
C. CIS' performance is subject to interruption and delay due to causes beyond its reasonable control, such as: acts of God; acts of any government; war or other hostility; civil disorder; the weather; fire; explosion; power failure; equipment failure; industrial or labor disputes; inability to obtain necessary supplies; denial-of-service and/or hacker attacks and circumstances in the vein of those listed above.
D. Customer expressly agrees that use of the Service, which includes the contents thereof and any storage or use of information, is at Customer's sole risk. Neither CIS nor any of its employees or agents warrants that the Service will be uninterrupted or error-free; the Service is distributed on an “as is” basis without guarantees of any kind, either expressed or implied.  As such, CIS does not recommend this service as a sole means of access to the Internet for businesses that rely heavily upon Internet continuity for day to day operations.  Our network, as well as other providers' networks, may experience unexpected downtime, and therefore, CIS recommends its business customers develop and execute an Internet access contingency plan that incorporates an alternate method of Internet access.  Neither CIS nor anyone else or entity involved in creating, producing, and delivering the Service shall be liable to any direct, indirect, incidental, or consequential damages arising out of use of the Service or inability to use the Service, or out of any breach of any warranty. No advice or information given by CIS, its affiliates or their respective employees shall create any warranty. The provisions of this paragraph will survive any termination of this Agreement.
E. Client agrees that CIS’ entire liability, and customer’s exclusive remedy, with respect to use of the service, service software, and any breach of this agreement is strictly limited to a prorated portion of the amount paid to CIS for monthly charges. Some states do not allow the limitation or exclusion of liability for incidental consequential damages. In such states, CIS’ liability is limited to the extent permitted by law.