Config.Com, Inc. Wireless Internet Terms of Service

Definitions: Subscriber refers to an individual, or corporation or legal entity who incurs charges for Config.Com, Inc.’s services, for its own use or who incurs such charges on behalf of a third party user.

  1. Price

    The Subscriber shall pay to the Config.Com, Inc. the charges associated with the rate plan selected, including without limitation, deposits, set-up fees, equipment purchase and or lease, etc., all as set forth on the sign up form. Changes. All charges are subject to change at Config.Com, Inc.’s discretion upon thirty days advanced notice. Payment. Payments of charges are due, on the anniversary date of service activation each month for the period of the lease or service contract. Accounts more than ten (ten) days overdue will be temporarily disabled until full payment is received. A $10.00 reconnect fee will be assessed on all disabled accounts. Returned checks will be charged a fee of $30.00.

  2. Term and Termination

    This agreement commences upon activation of service by Config.Com, Inc. and remains in effect for the selected plan period, or until terminated as herein provided. Subscriber may terminate this agreement upon ten days advance, online or written notice. Unless Config.Com, Inc. has increased fees or charges within one month prior to Subscribers’ notice or termination, Subscriber shall pay to Config.Com, Inc. upon discontinuance of service, a termination charge equal to the applicable monthly fees and charges. If termination is past the anniversary date of sign up, the current billing will apply. Config.Com, Inc. shall have the right to suspend or terminate this agreement at any time without prior written notice to Subscriber. The Subscriber also agrees that the Company has the right to delete all data, files, or other information that resides or is stored on Config.Com, Inc.’s hardware, if either Config.Com, Inc. or the Subscriber terminates the Subscriber’s account with Config.Com, Inc., for any reason. Upon termination of service, Config.Com, Inc. will test the returned equipment. If the equipment is found damaged, the Subscriber is responsible for and will be billed for the damaged equipment. The amount billed will be based on current market value of replacing the damaged equipment.

  3. Indemnification

    Subscriber and User shall indemnify and hold harmless, Config.Com, Inc., its agents and employees from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorney’s fees) to third parties, relating to or arising from the use of the service by Subscriber, User, or any of the personnel, whether or not Subscriber or User has knowledge of or has authorized such access or use, including, without limitation, claims for libel, slander, an invasion of privacy, infringement of copyright, patient infringement (where Subscriber or User has used, connected, or combined the service with products or services of others), negligence, breech of security, or tortuous behavior. Subscriber agrees to indemnify Config.Com, Inc. along with any parties from whom Config.Com, Inc. obtains network services, and to hold them harmless from any claims resulting from the use of the service by the Subscriber or its’ Users that damage another party or that violates the law.

  4. Disclaimers of Warranties

    All materials, information, software, products, equipment, and services included in or available through Config.Com, Inc. (the “Content”) are provided “As Is” and “As available” for use. The Content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Config.Com, Inc. and its licensors, agents and employees do not warrant that the content is accurate, reliable, or secure; that the services will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Use of the system is solely "At Your Own Risk."

  5. Limitation of Liability

    Config.Com, Inc. shall not be liable for interruptions caused by failure of equipment or service not provided by Config.Com, Inc., failure of communications, power outages, or other interruptions not within complete control of Config.Com, Inc., nor shall Config.Com, Inc. be liable for performance deficiencies caused or created by Subscriber or Subscriber’s equipment. Subscriber and User hereby release Config.Com, Inc. from liability arising from any content accessed via the service Config.Com, Inc.’s performance under this agreement shall be excused in case of labor difficulties, governmental order, civil commotions, acts of God, or other conditions or circumstances beyond reasonable control. Config.Com, Inc. shall not be liable if changes in operation, procedures, or services require modification or alteration of Subscriber’s or its User’s equipment, render the same obsolete or otherwise affect its performance. In no event shall Config.Com, Inc. be liable for any incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business, or business opportunity, loss of use, etc. The liability of Config.Com, Inc. for actual proven damages for any cause whatsoever, including but not limited to any failure of or disruption of service, regardless of the form of action, whether in contract or in tort or otherwise, including negligence, shall be limited to an amount equivalent to charges payable by Subscriber under this agreement for the service during the period such damages occur. Config.Com, Inc. makes no other warranties or representations, either express or implied, concerning the service, and expressly disclaims warranties of fitness or a particular use of purpose, the warranty of merchantability and any other warranty implied by law.

  6. Use of Service

    Subscriber shall insure that it Users shall comply with the terms and conditions of the agreement. Subscriber and its Users shall not use or permit its end Users to use the services in ways that violate laws, infringe the rights of others, or interfere with users of our service or other service networks. Subscriber is responsible for the knowledge of and adherence to any and all laws, statues and regulations pertaining to or in any way connected with the services provided by Config.Com, Inc. and all use of any information, data, material, or service in violation of any such law, etc., is strictly prohibited. By posting information in or otherwise using any communication service, chat room, message board, news group, software library, or other interactive service that may be available to, on, or through this site, Subscriber agrees that its Users will not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sound, data, or other information—that:
    1. In unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Config.Com, Inc.’s rules or policies;
    2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
    4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“Spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
    5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or other information of any third party; or
    6. Impersonates any person or entity, including any employee or representative of Config.Com, Inc.
    Subscriber further agrees that its Users will not knowingly solicit or collect personal information from a minor without appropriate prior verifiable parental consent. Config.Com, Inc. generally does not pre-screen, monitor or edit the content posted by Users of communication services, chat rooms, messages boards, news groups, software libraries, or other interactive services that may be available on or through this site. However, Config.Com, Inc. and its agents have the right at their sole discretion to remove any content that, in Config.Com, Inc.’s judgment, does not comply with these rules or is otherwise harmful, objectionable, or inaccurate. Config.Com, Inc. is not responsible for any failure or delay in removing such content. Subscriber’s rights herein granted, cannot be transferred, assigned, shared, sold, or used by anyone other than Subscriber.

  7. Broadband Availability

    Config.Com, Inc. reserves the right to establish and enforce usage limits limiting the speed of uploads and downloads of any kind and in all protocols, including without limitation, file downloads (FTPs), Web browsing, etc., from time to time, for all wireless, or other system accounts.

  8. Service Calls

    Subscriber is responsible for the entire cost of service calls, including labor, materials and equipment for all failures which are not the fault of Config.Com, Inc. including without limitation, acts of God, weather phenomena, failure of Subscribers equipment, etc., including service calls to reinstall software.

  9. Disputes

    In the event Config.Com, Inc. is required to engage the services of an attorney because of a breach by the Subscriber of any of the terms herein contained or arising out of the subscriber’s use of the services provided by Config.Com, Inc. in any other manner, the Subscriber agrees to pay all of Config.Com, Inc.’s reasonable attorneys fees and court costs. Upon breach of this contract, all of the Subscriber’s rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this contract, or breach of any applicable law or statute governing the use of the services provided, all Subscriber fees shall be forfeited as liquidated damages to Config.Com, Inc.. In the event of litigation both parties agree that the laws of the state of Ohio apply and both parties consent to the jurisdiction of the courts of Ashland County, Ohio. Both parties expressly waive a jury trial.

  10. Contract Amendments

    Config.Com, Inc. reserves the right to amend this contract from time to time, in its sole discretion, and any such amendments shall become effective upon promulgations, subject to the terms this agreement.

  11. Contract Rights

    Config.Com, Inc. reserves rights to replace, update, or change any equipment used for the service provided. In the event that this contract or lease is broken for any reason previously mentioned or by, but not limited to, lack of monthly payment, Config.Com, Inc. or its agents may repossess equipment. Subscriber is completely financially responsible for all equipment during entire term of this contract. All repair or replacement costs are Subscriber’s responsibility.
  12. The Subscriber certifies that he or she is at least 18 years of age.