AVISP TERMS & CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
You must accept this Agreement as a condition of receiving the Service. By accepting this Agreement, you confirm you are a capable adult over the applicable age of majority (e.g. eighteen (18) years of age in most U.S. states and territories; nineteen (19) in Alabama and Nebraska; and twenty-one (21) in Mississippi and Puerto Rico – an "Adult"). If you are an entity, by accepting this Agreement, you confirm (through your duly authorized representative) that you are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept this Agreement; and you are also confirming that this Agreement constitutes a valid and binding obligation of yours. You are responsible for ensuring that all use of the Service complies with this Agreement, and you will be deemed to have breached this Agreement if you or any other person, whether or not authorized by you, uses the Service in a manner inconsistent with this Agreement. By enrolling in, activating, using, or paying for the Service, you agree to the terms and conditions in this Agreement, including, but not limited to, the prices, charges, and terms and conditions provided to you in marketing and informational materials associated with the Service, all of which are incorporated herein by reference.
Changes to this Agreement and/or the Service
We may change any terms, conditions, rates, fees, expenses, or charges regarding your Service at any time. We also reserve the right to modify or discontinue the Service, temporarily or permanently. We will provide you with notice of material changes via either your e-mail address, posting online at https://www.avispmail.com, recorded announcement, bill message, bill insert, postcard, letter, or call to your billed telephone number or U.S. mail. It is your responsibility to check for any such notices. Your continued subscription to the Service after the effective date of the change constitutes your acceptance of such changes.
Provider General Policy: By opening an account with Provider, you agree to abide by all policies of Provider These policies apply to all users of Provider without exception; failure to adhere to the stated policies may result in termination of the account at the discretion of Provider reserves the right to change policies, services, and pricing. Your continued use of an account signifies acceptance of any and all policies and policy changes, and you may cancel if you do not agree with changes in policy, service, or pricing. Provider reserves the right to refuse to provide service to anyone.
Disclaimers: Provider makes no warranties of any kind, whether express or implied, for the service it is providing. Provider will not be held responsible for any damage you suffer from use of an account or service provided by Provider policy. Provider, functions as a common carrier; our standard policy is to not monitor or interrupt our users’ activities, exert editorial control over their content, or censor them or their content. To protect the interests of the Provider and in the best interests of our customers, exceptions to this policy may be made under certain specific circumstances including but not limited to the following: Illegal Activities: The law requires Provider to report any criminal activity that it becomes aware of to the appropriate authorities. It is the responsibility of the account owner to be familiar with current laws and regulations.
Email: Email accounts are for personal or business correspondence only. Unsolicited Commercial Email (otherwise known as UCE - or spam) is strictly prohibited and violators will have their accounts terminated immediately.
Sending unsolicited email to one or more addresses regardless of how the addresses were obtained may be considered spamming and is grounds for account termination. Use of a Provider address or any address of a domain hosted by Provider as a return address for replies to spam is similarly prohibited. Provider may at its discretion employ filtering techniques to block inbound email from known sources of spam and email abuse, and may also filter incoming email for known viruses.
Usenet: All users of Provider news servers agree to be bound by the charter of any newsgroup or newsgroup hierarchy posted to. It is the responsibility of the user to be familiar with these charters, which may include rules about content, spam, language and off-topic posting. Excessive posting of identical messages to multiple newsgroups (‘cross-posting’) via Provider news servers is prohibited, as is the posting of unsolicited commercial email (spam).
Shell Use: Provider can provide shell access to its users on request. Shell access is an optional service and Provider reserves the right to grant or revoke customer shell access at any time. To activate shell access, please call our technical support department. The shell server is a shared resource and shell access is intended for use only when a user is actively connected and using the connection. IRC bots, excessive use of resources, and network abuse are all prohibited. The use of any process or program intended to run while the user is not on-line is also prohibited. Provider, maintains a strict, zero-tolerance policy with regard to abuse of user shell access privileges. Any abuse of the shell service will result in immediate revocation of shell access, and further action may be taken at the discretion of Provider (see Network abuse and Enforcement sections.)
Network Abuse: Use of Provider accounts or services for orchestration of or participation in any abuse of the Provider or any other network, system or service is expressly forbidden and is grounds for account termination and possible legal action. Any action which interferes with the Provider or other networks or which affects the use of or access to any network is likewise expressly forbidden. Provider retains at all times the right to determine what constitutes network abuse. Examples include but are not limited to: Attempts to hack the Provider network or any other network or systems, Port scanning, Use of ‘cracking’ software or techniques, Dissemination of viruses or malware, Provocation of attacks on the Provider network or any other network, Conduct which causes Provider to be blocked by another provider or which causes Provider to be placed on a “block list”, Flooding Provider or any other network with traffic for the purpose of disrupting service, Mail bombing AV Wireless Inc. dba AVisp.com customers must also comply with the acceptable use policies of our upstream providers, AT&T.
Use of Copyrighted Material: Provider is obligated to comply with the Digital Millennium Copyright Act of 1998 (DMCA). All web pages are subject to copyright law, and members are responsible for the content in their file space. Use of the World Wide Web, FTP, News groups or any other services provided by Provider to transfer copyrighted material in violation of applicable laws is prohibited and may result in termination of your Provider account.
Access to Content: Provider functions as a common carrier and does not censor. Material can be found on the Internet or in Usenet news groups, etc., that some viewers may find objectionable; Provider is not responsible for any content available via Provider accounts or services. Any limitation of access to content is at all times the responsibility of the account holder and Provider shall not be held responsible for access to material that an account holder deems inappropriate. We suggest that minors be supervised.
Accountability: The owner of any type of Provider account or service will be held responsible for any abuse of that account or service, regardless of whether the owner was the actual initiator of the abuse. This includes for example but is not limited to: abuse of an email account or add-on which is part of a customer’s account but which is used by a third party or abuse of a colocated server or colocation services by a third party, with or without the account owner’s permission.
Enforcement and Remedy: Violation of any terms set forth in this Acceptable Use Policy may result in one or more of the following, at the discretion of Provider: Issuance of a warning, Temporary suspension of service, Billing to defray administrative costs incurred, Termination of your services, account or accounts.
Legal action: If any activities or security problems involving an Provider account or Provider customer’s services cause network outages, the owner of the account or service will be billed for network down-time. Any account owner whose account is terminated for violation of the terms set forth in this Acceptable Use Policy will be required to pay any outstanding balances due, including any and all early termination fees. In instances where it is necessary to terminate a customer’s account, an administrative disconnect fee may also be applied. Provider will normally attempt to contact any user in violation of this Acceptable Use Policy before taking action, but depending on the circumstances or the severity of the violation action may be taken without prior notification. In this case, the user will be notified as soon as it is practicable.
No Limitation: This acceptable use policy in no way limits the rights and remedies of Provider At its discretion Provider may take other actions it deems necessary to protect the integrity of its or other’s networks or to recover the costs of operation as pertain to identifying and removing violators of this acceptable use policy. WiFi Network Sharing Policy: For Provider services where customer premise equipment is provided, owned and managed by Provider, that equipment may be used at some point in the future to provide WiFi access to others. If and when this is offered, it will be secured and separate from your own traffic and your local area network, and would provide limited access to guest users. Your own traffic would have priority. A mechanism for opting out will be provided if and when this feature is launched.
Technical Support Policy: Provider does not offer over-the-phone tech support for issues such as cgi programming, Linux use, your web site, or any other issue not directly related to your internet connection. While at its discretion the support staff may sometimes assist our customers with non-connectivity or non-email issues, any such extra service is billed separately from month internet service fees. Such service does not obligate Provider to continue to provide such service.
Provider can not be held responsible for hardware or software malfunctions or assist in servicing or repairing your equipment. In such cases, the technical support staff will gladly refer you to outside sources for assistance. Customers should have a copy of their current operating system available when calling technical support; there will be limits to the amount of assistance that technical support representatives can offer if you do not have a copy of your current operating system.
Provider reserves the right to cease providing over-the-phone technical support to any customer. Please call the Provider tech support number at 1-707-433-8327 if you need assistance. Technical support can also be reached via email at firstname.lastname@example.org. AVISP offers telephone support M-F 9-4:00 pm; Saturday by appointment (closed Sunday and major holidays). Email email@example.com
Digital Millennium Copyright Act (DMCA) Policy: The Digital Millennium Copyright Act of 1998 is an amendment to U.S. copyright law. It is designed to limit liability of a Service Provider for content on the provider’s system or network that was placed there by a user. The text of the DMCA can be viewed at http://lcweb.loc.gov/copyright/ title17/. The relevant section of the DMCA is “TITLE II--ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION,” Especially all of section 512. Under the provisions of the DMCA Provider, as a Service Provider, must do certain things: Inform our users and the general public of our [#policy policy for handling claims of infringement] Designate an agent, registered with the U.S. Copyright Office, who will receive claims of copyright infringement, receive counterclaims, and take down and/or restore content that is or has been in dispute. Make this information publicly available to all.
Claims of Infringement: Any original material created by an individual or group is protected by copyright or intellectual property rights under United States and international law. Put broadly, this means that anything original that you have written down, or created as an original recording or an original image, etc., is protected from infringement by others. Just as your original material is protected from unauthorized use by others, their material is their property and you may not use it without permission. Doing so may invite lawsuits claiming infringement. This includes written works, email, images, sounds, etc., whether online or on paper. As an Internet Service Provider and under the provisions of the DMCA Provider may be obligated to take down materials that our users have posted if a claim of infringement is received. This process includes a counter-claim process.
Report a Claim: Section 512 (c)(3)(A) of the Digital Millennium Copyright Act requires that a claim of copyright infringement must be sent to our designated agent. The claim must provide certain information (detailed below) in order for it to be considered a valid claim. DMCA Section 512 (c)(3)(A).
Elements of Notification: (A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following: (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 online 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 the service provider 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. (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. When filing an infringement claim, include all of the information required under Section 512 (c)(3)(A). Your claim must include any URLs or other information identifying the material, and the dates and times the material was observed. Web and Peer-to-Peer claims must include, at a minimum: An exact URL or IP address, Date the content was first observed, Information sufficient to identify the specific content which is the subject of the complaint Usenet claims must contain, at a minimum: Newsgroup, Message-id, Subject:, Date of posting, Information sufficient to identify the specific content which is the subject of the complaint, Email, fax or postal-mail the information to our Designated Agent. Upon receipt of a valid claim, i.e., a claim in which the requested information is substantially provided, Provider will undertake to have the disputed material removed from public view until a counter-claim is filed or until a court ruling determining the disposition of the disputed material is received. Under the provisions of the DMCA Provider, as an Internet Service Provider, has no other role to play either in prosecuting or defending a claim of infringement, and cannot be held accountable in any case for damages regardless of whether a claim of infringement is found to be true or false. Section (512) (f) of the DMCA defines penalties for intentional misrepresentation of a claim.
Counter Claim: If you are a Provider customer and you feel that material that you have placed online that has been removed following an infringement complaint is in fact NOT an infringement, you may file a counter-claim. Section 512 (g)(3) of the Digital Millennium Copyright Act requires that any counter-claim to a claim of copyright infringement must be sent to our designated agent. The counter-claimant must provide certain information (detailed below) in order for the counter-claim to be considered valid. Section 512(g)(3): (3) Contents of Counter Notification.-To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent that includes substantially the following: (A) A physical or electronic signature of the subscriber. (B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. (C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. (D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. When identifying the material in dispute please state as accurately as possible what location the material was removed from and to where it should be returned. The counter-claim will be presented to the filer of the infringement complaint by the Provider Designated Agent. Once the counter-claim has been delivered, Provider is allowed under the provisions of the DMCA to restore the removed content in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration of content pending legal proceedings.
Our Designated Agent
Internet Service Provider: AV Wireless Inc. dba AVISP
Address of Internet Service Provider: 6117 Red Winery Road, Geyserville, CA 95441, Designated Agent: Steve Young Designated Agent full address: 6117 Red Winery Road, Geyserville, CA 95441, Designated Agent phone numbers: (707) 433-8327 Voice
Designated Agent email address: firstname.lastname@example.org
Billing Policy: Billing office address: 6117 Red Winery Road, Geyserville, CA 95441, Contact Numbers: (707) 433-8327
Local Billing: To find a local billing number please visit http://www.avispmail.com, Email: email@example.com,
Hours: 10:00 am to 5:00 pm, Monday through Friday (excluding major holidays.) Information about account types, services and current pricing can be found by calling (707) 433- 8327.
General Subscriber Information: Thank you for choosing AVISP as your Internet Service Provider. We have served the northern Sonoma County, Healdsburg, Geyserville, and Dry Creek areas since 2002. By signing up for any AVISP services, you acknowledge that you are eighteen (18) years of age or older, you agree that you have the legal authority to enter into this agreement, and affirm that the information you supply to us is correct and complete. Please understand that AV Wireless Inc. dba AVisp.com relies on the information you supply and that providing incorrect information may result in delays of service, a lock on the account, or termination of your account services. Provider reserves the right to change policies, services, and pricing. Your continued use of a Provider account signifies acceptance of any and all policies as well as policy or price changes. You may cancel your account if you do not agree with changes in policy, service, or pricing. Provider reserves the right to refuse to provide service to anyone.
Cancellation Requirement: For example, cancellation on the 12th with a bill date of the 22nd will be no refund of the period between cancellation and next bill date. All equipment must be returned to AVisp.com, undamaged and intact. An equipment replacement fee of $300 will be charged in the event equipment is not returned undamaged and intact.
Account and Billing Information: Please help us serve you better by notifying us of any changes to your personal or billing information. To update your contact or billing information please visit our Customer Portal at https:// cp.avispmail.com or call us at (707) 433-8327. Unfortunately we are not able to update customer information via email due to security reasons. We will only make changes for the owner-of-record or those with listed administrative access to an account.
Account Transfer, Updating Business Name or Billing Name: If you wish to change the listed account name, please call our office (707) 433-8327 and complete the account update; for account services transfers, a new account set up form is required. Contact sales at (707) 433-8327 or email firstname.lastname@example.org.
Payment/Renewal Options: Credit Card Payments: All Residential and Small Business accounts are required to have an active credit card on file for automatic billing. You will receive an account statement 15 days prior to credit card automatic charges.
Payment Failure: If for any reason your credit card renewal is unable to be processed, you will be notified via email. A second attempt will be made on your due date. If the payment is declined for any reason, we ask that you please call and verify your credit card information. You may also visit https://cp.avispmail.com to renew online with a different credit card. Failure to make timely payments may result in an automatic disruption of services. AVisp.com is not responsible for any losses as a result of non-payment disruptions.
New Credit Cards or Updated Expirations: If you receive a new credit card number or an updated expiration date please visit our Customer Portal at https://cp.avispmail.com or contact us at (707) 433-8327 during business hours and we will be happy to assist you.
Disputes/Charge Backs: Any billing related inquiries should be directed to (707) 433-8327 between the hours of 9AM and 4PM Monday through Friday. If you wish to dispute any charges that Provider has made to your credit card, please notify us within thirty (30) days of the original posting date of the transaction. If you dispute charges directly with your bank and your dispute results in a credit card charge-back to Provider, you will be charged a twenty-five dollar ($25.00) service fee. You will be responsible for any non-disputed charges beyond
Check Payments: Check payments can be made in person or by mail to: 6117 Red Winery Rd., Geyserville, CA 95441. Returned Checks: A twenty five ($25.00) service fee will be applied to the current balance due on all returned checks. Any bounced checks must be replaced with a cashiers check or a money order.
Invoicing: Invoicing done via email. If you would like to request a different email address please visit https:// cp.avispmail.com, call (707) 433-8327, or email email@example.com. We also offer postal invoices for your account.
Billing Cycle: Most account services are billed monthly. All Provider services are billed in advance. Grace Period/ Late Fee: A grace period of fifteen (15) days from the due date is given for most accounts After fifteen (15) days without payment, services are disrupted for nonpayment. To regain access, log into the Customer Portal at https://cp.avispmail.com or call (707) 433-8327 to make payment. Service is restored upon full payment.
information about its customers such as names, addresses, telephone numbers, email addresses and details about Provider services used by the customer. All such information is considered private. Provider also keeps logs of limited technical information pertaining to matters such as customer connectivity and email processing. These logs are retained on a temporary basis in order to ensure high-quality service, and no logs are kept indefinitely.
The only circumstances wherein Provider will disclose any of the above-mentioned information to a third party are: 1) In the course of providing services our customers have specifically requested, Provider may make some of this information available to our affiliates in order to fulfill the requirements service. 2) In the event that we receive a legitimate, legally-mandated request for customer information, Provider will respond only within the narrow scope of that request. Provider will not otherwise disclose any private information about its customers to any other third party.
Service Levels & Guarantees: Actual data transfer rates may vary as measured between your location and transmission site; depending upon several factors including obstructions, trees, and the like. AVISP does not warranty nor guarantee data transmission rates.
Provider makes no guarantees regarding the availability until the service is established. Provider will not be considered responsible for outages that we are not notified about by the account holder. Someone from your location must be available for troubleshooting and connection setup. You have the sole responsibility for any local network infrastructure at the installation premises. We will do our best to ensure that the service remains functional at all times. However, uptime is not guaranteed and the contract terms do not include a provision for credit for down time. AVISP provides equipment at installation; customers who wish to use their own equipment may do so plugged in behind the provided router. Use of equipment not provided by Provider may result in some features being unavailable, including technical support. Third party routers are unsupported by Provider.
Replacement of Malfunctioning Equipment: Should Provider determine that Avisp.com owned equipment is failing to function correctly it will replace components as deemed necessary at no additional cost to the customer. Please Note: If AVisp.com owned equipment is found damaged through misuse or neglect, (example, having signs of being exposed to water, excessive heat, rodent damage, cutting or other physical abuse), charges may be assessed to cover the replacement.
Equipment Return Policy: All equipment and components must be returned within 30 days of cancellation or your account will automatically be charged. Customer may schedule a disconnection by calling (707) 433-8327 or dropping off at: 6117 Red Winery Rd., Geyserville, CA 95441.
Termination or Cancellation of Service :(a)Your Decision to Terminate or Continue Service. You may cancel your Service at anytime but are held to contract terms. In the event of a service contract early termination, you will be subject to any early termination fee which may be associated with that plan (referred to as an "Early Termination Fee" or "ETF"). At the conclusion of your term, or at all times if you did not agree to a Term Plan, your continued Service will be provided on a month-to-month basis. Regardless of whether you are subject to any applicable term or have Service on a month-to month basis, if you cancel Service prior to the end of your billing cycle, your Service cancellation will be effective as of the final day of your billing cycle for billing purposes. You will not receive a refund or prorated credit of any portion of Service if you cancel prior to the end of your billing cycle. If you elect to continue Service on a month-to-month basis, you should review the then current Agreement regularly at https:// www.avispmail.com. The then current Agreement will govern your Service. Your election to continue Service represents your agreement to the current Agreement. (b) Provider requires a 30 day cancellation notification. You must cancel the agreement by calling (707) 433-8327 or email firstname.lastname@example.org Installation fees are non- refundable. Current monthly charges are non-refundable. (c)Service Suspension/Termination by AVISP. AVISP may immediately terminate or suspend your Member Account and Sub Accounts, and all or a portion of your Service without notice for any of the reasons set forth in AVISP's Acceptable Use Policy, or if: (i) you provide false or inaccurate information to AVISP; (ii) you (or anyone you permit to utilize the Service, including a Sub Account associated with your Member ID) violate this Agreement or the AVISP Acceptable Use Policy; (iii) you (or anyone you permit to utilize the Service, including a Sub Account associated with your Member ID) engage in conduct that is a violation of any law, regulation or tariff (including, limitation, copyright and intellectual property laws); or,(d) if you engage in conduct that is threatening, abusive or harassing to AVISP, employees or any of their vendor's employees or representatives, including, for example, making threats to physically harm or damage employee or company property, frequent use of profane or vulgar language, or repeatedly contacting our customer service representatives for reasons that do not pertain to our provisioning, maintenance, repair, or general servicing of your Service after you have been asked to stop such conduct. If we terminate your Service and you have a term commitment that is subject to an ETF, we may charge you that ETF in addition to any other rights that we reserve in other provisions of this Agreement. If we terminate or suspend your Service, your license to use any software provided in connection with the Service is also terminated or suspended (as applicable). If your Service is terminated, AVISP has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges for the Service through the end of the billing cycle when the Service is terminated.
*AVISP is responsible for the installation and maintenance of exterior equipment at the site; including transmitting equipment (radios and/or dishes), mounts, arms, tower pieces.
*AVISP is responsible to run and install AVISP owned & provided exterior cable to the point of entry.
*AVISP is not responsible to damage to the cable (cutting, burning, slicing, wildlife, rodents, etc.) after successfully installing.
*AVISP provides one (1) router at time of installation. It is customer responsibility to replace said router if it fails or another is desired.
*AVISP is responsible for any software upgrades on the exterior transmitting equipment only.
*AVISP support includes help with internet functionality at the point of entry (meaning the exterior equipment to the interior router).
*AVISP will assist with troubleshooting connection issues related to AVISP equipment.
*AVISP is not responsible for interior cabling (installation or maintenance), third-party equipment including customer-owned routers, computers, mobile devices, televisions, gaming stations, and the like.
*AVISP is not responsible for software updates on any interior equipment.
*AVISP is not responsible for damaged equipment.
*AVISP is not responsible for the programming or installation of any third-party equipment.
*AVISP is not responsible for any damaged or altered equipment due to end-user actions (resetting router, damaging cable, moving exterior equipment, and the like).
*AVISP is not responsible for customer networks including networks within the structure and exterior areas.
*AVISP does not offer trenching, conduit, or pole installation in the basic installation. These services are available at an additional cost.
*AVISP does not offer electrical services.
*Avisp does not install nor maintain personal wifi networks in the basic installation. These services are available for an additional cost.
*AVISP charges a fee to move equipment from one location to another i.e. remodels, guest homes, moving routers
*AVISP Technical Support fees start at $125.00 / hour
*AVISP Tutorials are available: http://www.avispmail.com/tutorials