AGREEMENT FOR INSTALLATION OF WIRELESS BROADBAND SERVICE
This agreement is entered into between the Customer (hereinafter referred to as “Customer”) and LigTel Communications, Inc., (hereinafter referred to as “LigTel”).
[1] Customer hereby certifies that Customer has requested that LigTel install wireless broadband service (hereinafter referred to as the “Service”), to Customer’s location. In making the decision to purchase the Service, the Customer understands that the Customer is solely responsible for configuring, maintaining and providing any and all equipment on Customer’s premises necessary to implement the Service except as expressly stated herein. Customer furthermore understands and has previously discussed with LigTel that there can be compatibility issues with existing hardware and/or software, and the hardware and/or software utilized to deliver and implement the Service at Customer’s location.
[A] DUE TO THE SUSCEPTIBILITY OF USER TO ATTACKS BY MALICIOUS ENTITIES THROUGH AN INTERNET CONNECTION, CUSTOMER SHOULD, PRIOR TO INSTALLATION OF THE SERVICE, HAVE A PROPERLY INSTALLED AND CONFIGURED FIREWALL. THE INSTALLATION AND CONFIGURATION IS HEREBY ACKNOWLEDGED BY CUSTOMER TO BE CUSTOMER’S RESPONSIBILITY, AND IF A FIREWALL IS NOT INSTALLED AND PROPERLY CONFIGURED PRIOR TO INSTALLATION OF THE SERVICE, THE CUSTOMER ASSUMES ALL RISK OF LOSS OR DAMAGE FROM SUCH MALICIOUS ATTACKS, AND HEREBY RELEASES LIGTEL FROM ANY AND ALL LOSS OR LIABILITY FROM INTERNET ATTACK OR INTERMEDDLING WHATSOEVER.
[B] It is strongly recommended by LigTel that the Customer install, and maintain install anti-virus software, and maintain updated definitions for said software in order to protect Customer from viral attacks by malicious entities through the internet connection.
[2] Customer also acknowledges that the installation will be comprised solely of the provision of the Service to the Customer’s location.
[3] Customer acknowledges that any additional services in connection with the installation, such as the provision or configuration of an Ethernet card, a computer virus scan, configuring networking software, or any diagnosis or repair necessary to the computer, is the responsibility of the Customer.
[4] The Customer hereby grants express permission to LigTel, its agents and assigns, without further notice to the Customer, to enter onto Customer’s premises to install any equipment necessary to provide the Service, and to service said equipment. In addition, Customer furthermore grants express permission to LigTel, without further notice to the Customer, to enter onto Customer’s premises to remove said equipment, it being expressly understood that said equipment shall remain, at all times, the sole property of Ligtel.
[5] Customer expressly waives any damages or injury to Customer’s premises arising out of, or related in any way, either directly or indirectly, to the installation or removal of Ligtel’s equipment, including, but not limited to, the antenna and any associated cable or wiring therefore.
[6] Customer hereby acknowledges that there is a risk of damage to Customer’s computer from the installation of the Service’s implementing hardware and/or software and hereby expressly assumes all risk of said damage. Customer hereby acknowledges that Customer is aware that it is critically important that prior to installation, Customer back up Customer’s computer, its programs and data files. Customer furthermore certifies and agrees that Customer risks damage or destruction to said computer programs and computer data files in the event that Customer has not completed a back up prior to installation.
Customer acknowledges that LigTel is not the manufacturer of the Service’s implementing hardware, the connecting cables or wiring, the Ethernet Card (if applicable), or of the accompanying software, and acknowledges that LigTel makes no representations, promises, statements or warranties either express or implied, with respect to the merchantability, suitability, or fitness for a particular purpose of the Service’s implementing hardware, connecting cables, Ethernet Card, or the software.
Customer hereby specifically releases LigTel from any loss, claim, demand, direct or indirect claim for damages (including damages for loss or interruption of business), costs, liability or expense of any kind, caused either directly or indirectly, or alleged to be caused either directly or indirectly, by the Service’s implementing hardware, connecting cables or wiring, the Ethernet Card, or the software or any interaction or combination of them, or by the inadequacy of any of the said either singly or in combination, or by any interruption of the Service.
Customer further agrees to hold LigTel harmless and to indemnify LigTel, its officers, employees, and agents from any and all claims for direct or indirect damage to Customer or any other party, including attorney’s fees and court costs, due to the installation or de-installation of the Service, or to the Customer’s use of the Service.
Customer, having been warned of the danger of providing access to Customer’s computer from the Internet, incurs the risk of activity directed toward or inflicted upon Customer’s computer, equipment, software, files, etc., including but not limited to hacking, virus attacks or infection, computer sabotage, and industrial espionage. Customer hereby specifically acknowledges that Customer is aware that Customer bears the sole responsibility for the control and prevention of said activities and that LigTel shall not be liable to the Customer for any loss, claim, demand, liability, cost, damage, or expense of any kind, caused or alleged to be caused, directly or indirectly by such activity whether preventable or not.
Customer acknowledges that the Service, and the implementing hardware, the connecting cables or wiring, the Ethernet Card (if applicable), or of the accompanying software installed to provide the Service, shall remain the exclusive property of LigTel, and shall remain at the location initially installed at, and said items may not be relocated without the express prior written consent of LigTel. Customer furthermore acknowledges that in the event that the Customer moves from the site of initial installation, this may, at the option of LigTel, result in a termination of Customer’s account and Customer may have to reinitiate the service at the subsequent location.
Customer agrees to be bound by the Terms and Conditions of Use as periodically updated, which have been distributed to Customer with this Agreement for installation of The Services, receipt of which Customer hereby specifically acknowledges, as the same are, or as the same may be periodically updated in accordance with the update provisions of the Terms and Conditions of Use document, attached hereto, and as may be found in its most current form at www2.ligtel.com/terms.htm.
Customer may cancel this agreement upon twenty-four hours notice in accordance with the Terms and Conditions of Use.
In signing this agreement, Customer hereby certifies that Customer is at least eighteen years of age and is competent to sign a binding contract and that Customer is executing this agreement on behalf of everyone who will use the service, software, or hardware through Customer’s computer or with Customer’s account and password, that Customer is responsible for any resulting violation of this agreement or any other agreement with LigTel, or of the Terms and Conditions of Use (as referred to herein, and as may be from time to time amended). Customer furthermore certifies that Customer shall insure that all users of the Service, software, or implementing hardware understand and comply with this agreement and all other agreements, including the Terms and Conditions of Use (as referred to herein, and as may be from time to time amended). Finally, Customer hereby certifies that Customer will not resell the service or otherwise charge others to use it.
[7] Customer hereby understands and authorizes the debiting of Customer’s credit card listed below of a fee not to exceed that stated under rates and charges page located at www2ligtel.com/wireless.html upon cancellation of Customer’s service and Customer’s failure to return or allow the retrieval of all equipment, including the Service implementing hardware, cabling and wiring, the software, and (if applicable) Ethernet or USB cable or cards, within fifteen business days of cancellation.