Terms and Conditions

You have subscribed to high-speed Internet access service (HSI) as documented by the sales materials and pricing guide.

Rates. Your Service rates and other charges and conditions are described in your sales order form. If you lose your eligibility for a particular part of the Service, “NEW SOURCE BROADBAND - PKLAKE” may modify your Service without notifying you.
Termination. This Agreement can be terminated by either of us, either with or without cause, upon thirty days’ notice. If you are moving from the Unit, you must notify us thirty days prior to the move. Upon termination you are responsible for choosing and reconnecting your service to your new long distance provider, and data providers.
Availability of the Service. You represent that you reside at or occupy the Installation Address set forth on the signature page of this Agreement “NEW SOURCE BROADBAND - PKLAKE” will determine whether the Service available at the Installation Address conforms to the level of quality established by “NEW SOURCE BROADBAND - PKLAKE” for the Service. If the Service does not so conform, or if it becomes unavailable during the term of this Agreement, “NEW SOURCE BROADBAND - PKLAKE” may, upon prior notice to you, cancel this Agreement.
Equipment. Installation and activation of the Service is subject to “NEW SOURCE BROADBAND - PKLAKE” engineering review for compatibility with “NEW SOURCE BROADBAND - PKLAKE”’ facilities. You represent that the devices and systems in your Unit that will be connected to “NEW SOURCE BROADBAND - PKLAKE”’ service comply with FCC or other applicable federal standards. “NEW SOURCE BROADBAND - PKLAKE” is under no obligation to determine whether any of your electronic or telephonic equipment, including computers, fax machines, modems, and security alarm or medical monitoring systems, will operate after the Equipment has been installed. In the event “NEW SOURCE BROADBAND - PKLAKE” determines that the Service is not available to your Unit, or that in the sole discretion of “NEW SOURCE BROADBAND - PKLAKE”, installation of the Service is commercially impractical, this Agreement will be void, and “NEW SOURCE BROADBAND - PKLAKE” will refund to you all prepaid non-Service related charges in accordance with “NEW SOURCE BROADBAND - PKLAKE”’ refund policies. Your addition or removal of any electronic or telephonic Equipment connected to the phone wiring in your Unit after “NEW SOURCE BROADBAND - PKLAKE” have installed and activated the Service may affect the operation of the Service and will result in a charge to you for the cost of any maintenance required due to your actions. When available, telephone services pertain to long distance calling only.
Access to Unit. You hereby grant “NEW SOURCE BROADBAND - PKLAKE” or our agent access into your Unit, in your or your representative’s presence, or upon your property during normal business hours or by appointment, to install, inspect, maintain, repair, remove, or otherwise deal with any Equipment necessary to provide the Service. This authorization includes allowing “NEW SOURCE BROADBAND - PKLAKE” or our agent to be on your property outside your Unit at reasonable times even if you are not present at the Unit. You authorize us or our agent to make connections and perform other tasks that are necessary or desirable to enable us to provide the Service to you or others, including connecting, disconnecting, and making necessary attachments to your inside wiring. If you are not the owner of your Unit, you hereby acknowledge that you have the authority to authorize installation of the Equipment and agree to indemnify and hold “NEW SOURCE BROADBAND - PKLAKE” harmless from any claim or demand made against “NEW SOURCE BROADBAND - PKLAKE” by any individual or organization arising from the placement of the Equipment on the exterior of the Unit.
Interruption of Service. “NEW SOURCE BROADBAND - PKLAKE” will provide the Service to your Unit by a digital two-way wireless radio link between the installed Equipment and our base station facilities. Accordingly, the Service is subject to transmission interruption, including, without limitation, interruptions due to: (i) a prolonged electrical “NEW SOURCE BROADBAND - PKLAKE” failure; (ii) atmospheric or other conditions affecting radio transmissions; (iii) system repairs or modifications (“NEW SOURCE BROADBAND - PKLAKE” will attempt to limit such repair to times between 12:00 a.m. – 6 a.m.) and (iv) insufficient capacity of systems. Interruption or termination may also result from nonpayment of charges by you. “NEW SOURCE BROADBAND - PKLAKE” may choose to block calls to certain categories of numbers (e.g., 976, 900, 411, and certain international destinations) if, in our sole discretion, “NEW SOURCE BROADBAND - PKLAKE” is experiencing excessive billing, collection, or fraud problems with calls to those numbers.
Maintenance of Equipment. “NEW SOURCE BROADBAND - PKLAKE” WILL REMAIN THE OWNER OF THE EQUIPMENT AND WILL MAINTAIN THE EQUIPMENT (other than any third-party software) in good operating condition during the term of this Agreement, at no additional charge to you, for all repairs or replacement that become necessary by reason of normal and ordinary wear or by reason of defects of material or workmanship therein. If repair or replacement is required due to your failure to make ordinary and proper use of the Equipment (whether or not caused by your negligence), you will pay “NEW SOURCE BROADBAND - PKLAKE”’ usual and customary charges for repair or replacement of the Equipment, including charges associated with diagnosing the cause of the problem. Notwithstanding the foregoing, you will pay “NEW SOURCE BROADBAND - PKLAKE”’ usual and customary charges for repair of any inside wiring unless you have previously selected and paid for the inside wire maintenance plan, if available.
Removal of Equipment. Upon removal of Equipment, “NEW SOURCE BROADBAND - PKLAKE” shall not be required to repair, replace, or otherwise re-establish your premises or Data service to its original condition. You must provide at least thirty (30) days’ notice of your intent to sell, vacate or abandon the Unit and disconnect Service. At its option, “NEW SOURCE BROADBAND - PKLAKE” may elect to remove the Equipment from the Unit prior to your sale, vacation or abandonment of the Unit. If you refuse to allow “NEW SOURCE BROADBAND - PKLAKE” to remove the Equipment, “NEW SOURCE BROADBAND - PKLAKE” may charge your account, and you will be liable for, an amount established from time to time by “NEW SOURCE BROADBAND - PKLAKE”.
Billing and Payment. Your Service rates and other charges are described in the Price Sheet. “NEW SOURCE BROADBAND - PKLAKE” will charge, and you agree to pay, the listed rates and other fees for the features of the Service that you have selected. You are responsible for paying all charges to your account, including but not limited to: monthly service charges, long distance, features, installation fees, HSI usage, the price of Equipment and accessories, shipping and handling fees, and any taxes, surcharges, fees, assessments or recoveries reasonably determined by us to be imposed on you or us as a result of use of the Service or the purchase of goods. Usage on each voice call is billed in full minute increments, with partial minutes rounded up to the next full minute.
“NEW SOURCE BROADBAND - PKLAKE” will provide your bill in a format “NEW SOURCE BROADBAND - PKLAKE” chooses, which may change from time to time. Payment of all charges is due upon receipt of invoice. You will be charged for all data services from the first (1st) of the month in which the service is delivered. The charges for measured voice and video services will be billed at the end of the month in which the service was delivered. Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, “NEW SOURCE BROADBAND - PKLAKE” will make reasonable adjustments and pro ration. If you have authorized payment by credit card or by automatic withdrawal from a checking account, no additional notice or consent will be required for billings to that credit card or drawings on such account. If you fail to pay the charges assessed by “NEW SOURCE BROADBAND - PKLAKE” in accordance with this Agreement, “NEW SOURCE BROADBAND - PKLAKE” may terminate this Agreement.
Late Payments and Disputes. Time is of the essence for payment. Therefore, you agree to pay us a late payment fee for amounts outstanding thirty days or more after the date of the invoice in the amount of 1.5% on the outstanding balance each month that such balance remains unpaid. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to collect the full amount due under this Agreement. “NEW SOURCE BROADBAND - PKLAKE” will assess an additional fee for any check returned for nonpayment. All amounts due, including disputed amounts, must be paid by the due date regardless of the status of any objection. Notice of any disputes must be in writing and received by us at our address within thirty (30) days after receipt of invoice or you will waive any objection.
Default and Termination. If you fail to pay the full amount to “NEW SOURCE BROADBAND - PKLAKE” by the due date, or if you breach any representation to us, or fail to perform any of the promises you made in this Agreement, or if you are subject to any proceeding you made in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, or if you have made an inaccurate representation or warranty to us in this Agreement or any document furnished to us in connection with this Agreement, you will be in default and “NEW SOURCE BROADBAND - PKLAKE” may, without notice to you, suspend Service or terminate this Agreement, in addition to all other remedies available to us at law or equity. Upon termination, you are responsible for paying all amounts and charges owing under this Agreement. You agree to pay all costs, including reasonable attorney’s fees, collection fees and court costs “NEW SOURCE BROADBAND - PKLAKE” may incur in enforcing this Agreement.
Changes to this Agreement. “NEW SOURCE BROADBAND - PKLAKE” may change this Agreement upon advance written notice, but if you do not wish to continue with the Service after such change you may terminate this Agreement pursuant to paragraph 2e. You may change Service features and calling plans by notifying us and paying our standard charges, and by complying with any other of our requirements to accomplish the change. The change will take effect by your next billing cycle.
Limitation of Liability. “NEW SOURCE BROADBAND - PKLAKE” IS NOT LIABLE FOR ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, FOR INFORMATION PROVIDED THROUGH YOUR PHONE, PC, OR OTHER DEVICES USED IN CONNECTION WITH THE SERVICE, FOR EQUIPMENT FAILURE OR MODIFICATION, FOR DAMAGE TO THE UNIT CAUSED DURING THE INSTALLATION OR DEINSTALLATION OF THE EQUIPMENT UNLESS CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR FOR CAUSES BEYOND OUR REASONABLE CONTROL. “NEW SOURCE BROADBAND - PKLAKE” IS NOT LIABLE FOR SERVICE OUTAGES OF 24 HOURS OR LESS NOT FOR SERVICE LIMITATIONS OR INTERRUPTIONS, AS DESCRIBED IN PARAGRAPH 2h ABOVE. OUR LIABILITY AND THE LIABILITY OF ANY UNDERLYING CARRIER FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. “NEW SOURCE BROADBAND - PKLAKE” ARE NOT LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS. “NEW SOURCE BROADBAND - PKLAKE” IS NOT LIABLE FOR (i) ECONOMIC LOSS OR INJURIESTO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, THE PHONE, YOUR PC, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICE UNLESS CAUSED BY OUR SOLE AND GROSS NEGLIGENCE, OR (ii) THE INSTALLATION OR REPAIR OF THE PHONE BY ANY PARTIES HWO ARE NOT OUR AUTHORIZED REPRESENTATIVES. “NEW SOURCE BROADBAND - PKLAKE” IS NOT LIABLE FOR ANY ACT ASSOCIATED WITH THE PROPER EXERCISE OF RIGHTS UNDER THE PRIVACY AND/OR UNAUTHORIZED USAGE PROVISIONS OF THIS AGREEMENT. THROUGHOUT ALL OF THE FOREGOING PROVISIONS OF THIS PARAGRAPH, THE TERM ““NEW SOURCE BROADBAND - PKLAKE”” ALSO INCLUDES OUR AFFILIATES, AGENTS, CONTRACTORS, AND OTHER SERVICE PROVIDERS. THIS PARAGRAPH SURVIVES TERMINATION OF THIS AGREEMENT.
Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES, AGENTS, CONTRACTORS, AND ANY OTHER SERVICE PROVIDER, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THIS AGREEMENT OR YOUR PROMISES OR STATEMENTS MADE IN IT AND USE OF THE PHONE, YOUR PC OR SERVICE UNLESS DUE TO OUR SOLE AND GROSS NEGLIGENCE. THIS PARAGRAPH SURVIVES TERMINATION OF THIS AGREEMENT.
No Warranties, Except as Expressly Stated Herein. “NEW SOURCE BROADBAND - PKLAKE” MAKES NO EXPRESS WARRANTY REGARDING THE SERVICE OR EQUIPMENT, AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY STATED HEREIN. THE PROVISIONS OF THIS PARAGRAPH 6 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Backup Requirements. The Installation, use, inspection, maintenance, repair, and removal of the Equipment and HSI software may result in service outages or potential damages to the HSI PC and other Customer Equipment. In addition, as part of the Installation process for the HSI software, system files on the HSI PC may e modified. “NEW SOURCE BROADBAND - PKLAKE” neither represents, warrants, nor covenants that such modifications will not disrupt the normal operation of the HSI PC. If you do not back up all existing computer files by copying them to another storage medium prior to such activities, you understand and accept the associated risks of such a decision. IN ANY EVENT, EXCEPT AS SET FORTH IN THE IMMEDIATELY FOLLOWING PARAGRAPH, “NEW SOURCE BROADBAND - PKLAKE” SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF THE CUSTOMER EQUIPMENT, INCLUDING WITHOUT LIMITATION, ANY CUSTOMER COMPUTER, OR ANY CUSTOMER PERIPHERALS, SOFTWARE, FILES, OR DATA.
Customer’s Hardware and Software. Except for gross negligence or willful misconduct by “NEW SOURCE BROADBAND - PKLAKE”, “NEW SOURCE BROADBAND - PKLAKE” shall have no liability whatsoever for any damage, loss, or destruction to the Customer Equipment. In the event of any gross negligence or willful misconduct by “NEW SOURCE BROADBAND - PKLAKE” resulting in the damage, loss, or destruction of all or a portion of the Customer Equipment, “NEW SOURCE BROADBAND - PKLAKE” shall pay for the repair or replacement of the damaged, lost, or destroyed portions of the Customer Equipment up to a maximum of $3,000, and this will be Customer’s sole remedy relating to such activity. “NEW SOURCE BROADBAND - PKLAKE” SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES, OR DATA, REGARDLESS OF THE CAUSE OF SUCH DAMAGE, LOSS OR DESTRUCTION. In addition, the opening of the HSI PC may void warranties provided by the computer manufacturer or other parties relating to the HSI PC hardware or software. You understand that your computer may need to be opened either by you or by “NEW SOURCE BROADBAND - PKLAKE” or its agents for the Installation of the Adapter in connection with the HSI feature. “NEW SOURCE BROADBAND - PKLAKE” SHALL HAVE NO LIABILITY WHATSOEVER AS THE RESULTOF THE VOIDING OF ANY SUCH WARRANTIES.
Installation and De-installation of Software. Your installation or de-installation of any software on the HSI PC subsequent to the Installation of the HSI software may degrade or disable your ability to use the HSI Service. You acknowledge and agree that “NEW SOURCE BROADBAND - PKLAKE” is not responsible for correcting any such problems, and any actions taken by “NEW SOURCE BROADBAND - PKLAKE”, at your request, to do so shall be at your sole expense.
Security from Third Parties. You acknowledge that “NEW SOURCE BROADBAND - PKLAKE” takes no responsibility for providing security from third parties who may attempt to obtain unauthorized access to the HSI PC or any other device on your LAN, via the HSI Service, including, without limitation, any third party’s misuse of such access to deliver a computer virus, other malicious code, or commit theft or disclosure of Customer’s data or use patterns.
Limited Warranty. THE EQUIPMENT, INSTALLATION AND SERVICE ARE PROVIDED BY “NEW SOURCE BROADBAND - PKLAKE” “AS IS” WITHOUT WARRANTY OF ANY KIND. “NEW SOURCE BROADBAND - PKLAKE” DOES NOT WARRANT UNINTERRUPTED USE OR OPERATON OF THE “NEW SOURCE BROADBAND - PKLAKE” EQUIPMENT OR SERVICE, CUSTOMER’S SOLE REMEDY FOR SERVICE INTERRUPTION SHALL BE LIMITED TO A PRO RATA REFUND OF THE MONTHLY SERVICE FEE, BUT THIS REMEDY IS NOT AVAILABLE WHERE THE INTERRUPTION IS CAUSED EITHER BY SOFTWARE NOT DEVELOPED BY “NEW SOURCE BROADBAND - PKLAKE” OR BY THE ADAPTER. “NEW SOURCE BROADBAND - PKLAKE” DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WIHTOUT LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, OR MERCHANTABILITY, ARE HEREBY EXCLUDED. Some states do not allow the exclusion or limitation of implies warranties, so the above exclusions may not apply. In such states, the liability of “NEW SOURCE BROADBAND - PKLAKE” is limited to the maximum extent permitted by law. No “NEW SOURCE BROADBAND - PKLAKE” warranty of any kind shall survive termination of this Agreement.
Maintenance and Support. “NEW SOURCE BROADBAND - PKLAKE” is not obligated in any way to provide any maintenance or support for the third-part software, or installed equipment of any kind.
Connectivity. You acknowledge that the Service contains certain technical limitations, including but not limited to the fact that the Service will not provide access to certain internal networks with firewalls that require certain security software that might not be compatible with the Service, such as most corporate local area networks (“LANs”) and corporate wide area networks (“WANs”).
Intellectual Property. You agree to comply with the terms and conditions of all end-user license agreements accompanying any software installed by you or by “NEW SOURCE BROADBAND - PKLAKE” or its agents as part of the Installation. All end-user licenses will terminate upon the termination of your HSI Service.