Gtek Internet Service Agreement
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READ THIS AGREEMENT CAREFULLY BEFORE USING ANY GTEK SERVICE.
1. INTRODUCTION.
Gtek Computers & Wireless, L.L.C. (“Gtek Communications, L.L.C.”) provides its Internet services, as they may exist from time to time (“Services”), to users who pay a monthly service fee to subscribe to the Services (“Members”) as well as to those who access some of our Services but do not have accounts (“Visitors”). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10.
2. SUBSCRIPTION REQUIREMENTS.
Members must be at least 18 years old. Service, “Coverage Area”, is available in certain areas. Current prices for Gtek Communications, L.L.C.’s Services are posted throughout our website at http://www.gtek.biz. These rates may also be obtained by calling (361) 777-1400. Gtek Communications, L.L.C. reserves the right to change prices and institute new fees at any time without notice.
3. PAYMENT OBLIGATIONS OF A MEMBER.
(a) Members must (i) provide Gtek Communications, L.L.C. with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Gtek Communications, L.L.C. all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.
(b) Members having questions regarding charges to an account should contact Gtek Communications, L.L.C.’s Customer Service Department at (361) 777-1400. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
(c) Charges are billed to Members’ credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. Gtek Communications, L.L.C. is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Gtek Communications, L.L.C.
(d) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan. Automatic Billing occurs on the 1st of each month. A completed Credit Card Authorization form is required to access this feature.
(e) If you purchase Services through a reseller who in turns pays Gtek Communications, L.L.C., the reseller must pay all amounts owing for your account. If the reseller fails to pay Gtek Communications, L.L.C. any amounts due—whether or not you have paid the reseller—your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due.
(f) Delinquent accounts may be suspended or canceled at Gtek Communications, L.L.C.’s sole discretion; however, charges will continue to accrue until the account is canceled. Gtek Communications, L.L.C. may bill an additional charge to reinstate a suspended account.
(g) Gtek Communications, L.L.C. may charge for taxes and other applicable fees.
(h) An 'Early Termination' fee will be charged to an account that terminates or defaults prior to completing its initial term agreement. (see Section "i")
(i) The Early Termination fee is assessed, if the subscriber decides to cancel their service prior to the end of the completion of the Members term of this agreement, in the amount owed on the rest of the contract. Equipment must be returned in working order at termination or a charge of up to $599.00 will be issued to cover replacement costs.
(j) Any refunds due will be issued within thirty days of termination.
(k) Home Networks are allowed but limited to ONLY the Subscriber Module Addressed location.
(l) Service is provided on a per dwelling basis. Any resale or distribution of services beyond the limits of the customer dwelling by any means is monitored and strictly forbidden.
Violation of this clause is grounds for immediate service termination.
(m) A Late Fee of five dollars ($5.00) shall be applied to accounts that are seven calendar days past due.
(n) Suspension of Services will occur after fourteen days past due and will be subject to a reinstatement fee of $20.00.
(o) Accounts thirty or more days past due will be deemed abandoned and subject to termination of service.
4. MEMBER'S ACCOUNT, PASSWORD, AND SECURITY.
You and members of your household or business, if you have purchased a business account, are the only authorized users of your Gtek Communications, L.L.C. account and must comply with this Agreement. You must keep all passwords confidential so that no one else may access the Services through your account. You must notify Gtek Communications, L.L.C. immediately upon discovering any unauthorized use of your account.
Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding the Member's allotted email space may, at Gtek Communications, L.L.C.’s discretion, be transferred to a compressed temporary file or storage. Gtek Communications, L.L.C. may delete the temporary file from the server 60 days after notifying you. Any free Web site exceeding the amount of space allotted to such Member may be suspended until the Member reduces the disk space usage to the amount of space allotted or less or purchases additional megabytes. Any free Web site exceeding the traffic limits for such Member will be billed for excess traffic. You may establish a commercial or high-volume account by calling (361) 777-1400
Usernames, passwords and email addresses are Gtek Communications, L.L.C.’s property and Gtek Communications, L.L.C. may alter or replace them at any time.
5. MONITORING THE SERVICES.
Gtek Communications, L.L.C. has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Gtek Communications, L.L.C., in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. Please see our Privacy Policy posted at www.gtek.biz. Gtek Communications, L.L.C. may immediately remove your material or information from Gtek Communications, L.L.C.’s servers, in whole or in part, which Gtek Communications, L.L.C., in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy, which is posted at www.gtek.biz.
6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY GTEK COMMUNICATIONS, L.L.C., GTEK COMMUNICATIONS, L.L.C. DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. GTEK COMMUNICATIONS, L.L.C. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GTEK COMMUNICATIONS, L.L.C. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GTEK COMMUNICATIONS, L.L.C. MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH GTEK COMMUNICATIONS, L.L.C. OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY GTEK COMMUNICATIONS, L.L.C. OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. GTEK COMMUNICATIONS, L.L.C. AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, GTEK COMMUNICATIONS, L.L.C.’S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
7. WEB SITE USAGE.
Our site on the World Wide Web with its home pages in the domain “gtek.biz”, or any other site operated by Gtek Communications, L.L.C. (the "Web site") is a complimentary information service offered by Gtek Communications, L.L.C. at no charge to users.
We may provide links on the Web site to other Web sites, which are not under our control. In general, any Web site that has an address (or URL), which does not contain “gtek.biz”, is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Gtek Communications, L.L.C. of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.
You may provide a hypertext link to our Web site on another Web site, provided that:
(a) The link must be clearly marked "Gtek Communications, L.L.C.",
(b) The link must "point" to the URL "http://www.gtek.biz" and not to any other pages within the Web site.
(c) The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s).
(d) The appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Gtek Communications, L.L.C.
(e) The link, when activated by a user, must display this Web site full-screen and not within a "frame" on the linked Web site.
(f) Gtek Communications, L.L.C. may, in its sole discretion, revoke consent to link to our website at any time. Gtek Communications, L.L.C. must approve all other hypertext links to the Web site in writing.
8. JURISDICTION.
Texas:
The Office of Consumer Credit Commissioner (OCCC) is located at:
2601 N. Lamar Blvd., Austin, Texas 78705.
Direct general inquiries to 512.936.7600 or to info@occc.state.tx.us. Toll-free Consumer Help line number is 800.538.1579.
9. TERM OF AGREEMENT.
Term of this agreement is based on the contract term from installation date. Thereafter, continued use of the Services constitutes acceptance of this agreement and in accord with posted monthly rates. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.
9.1 INSTALLATION NOTICE
DURING THE PROCESS OF INSTALLATION, ACCESS MAY BE NEEDED TO ATTIC AND WALL SPACES. IF DURING THE COURSE OF INSTALLATION DAMAGE IS CAUSED AS A DIRECT RESULT OF OUR INSTALLATION PROCESS, GTEK COMMUNICATIONS, L.L.C. WILL MAKE REASONABLE EFFORTS TO REPAIR SUCH DAMAGE IN A TIMELY MANNER. GTEK COMMUNICATIONS, L.L.C. IS NOT RESPONSIBLE FOR PRE-EXISTING DAMAGE AND WILL ONLY MAKE REPAIRS TO DAMAGE DIRECTLY CAUSED BY OUR PROCESS.
10. TERMINATION.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to Gtek Communications, L.L.C. by:
Registered or certified mail, return receipt requested addressed to:
Gtek Communications, L.L.C.
114 Lang Rd.
Suite B
Portland, TX 78374
Telephone calls directed to Accounts- Customer Service at (361) 777-1400
EARLY TERMINATION IS SUBJECT TO AN EARLY TERMINATION FEE NOTED IN SECTION 3i
Email termination of your basic Internet access account will not be accepted. To terminate service, you must call (361) 777-1400. To terminate Web Hosting and/or Business Services, you must call (361) 777-1400. Your termination will only be complete upon an approval from a Gtek Communications, L.L.C. Charges to your account will stop accruing the day Gtek Communications, L.L.C. provides you with confirmation of cancellation. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. Email cancellation requests will not be accepted. If your account included space on Gtek Communications, L.L.C.’s servers, anything stored on this space will be deleted upon termination.
Without prior notice, Gtek Communications, L.L.C. may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Gtek Communications, L.L.C., in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, any of the applicable user policies, or if you fail to pay any charges when due. Our Acceptable Use Policy and all applicable user policies are posted at www.gtek.biz. Gtek Communications, L.L.C. may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services.
11. MISCELLANEOUS.
This Agreement, the Acceptable Use Policy, the Privacy Policy, and Gtek Communications, L.L.C.’s other user policies posted at www.gtek.biz constitute the entire agreement between you and Gtek Communications, L.L.C. with respect to your use of the Services. Gtek Communications, L.L.C. may revise, amend, or modify this Agreement, the Acceptable Use Policy, the Privacy Policy, and any other user policies, at any time and in any manner. Notice of any revision, amendment, or modification will be posted at www.gtek.biz and/or on Member's start pages and/or by email and/or in our various publications and mailings to Members.
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