As a user of One Internet America. (herein after referred to as One Internet America) you agree that you are at least 18 years of age (or have permission from a parent or guardian to use this service) and will abide by the policies of One Internet America. It is understood that information on the Internet may be unedited, uncensored, and offensive to you. You access such information at your own risk. One Internet America does not censor the Internet and has no control over what data is transmitted to you. One Internet America reserves the right to refuse service to anyone. As a user of One Internet America, you agree not to use the service in a manner that violates any local, state or federal law. You also agree not to use the Internet for abusive, profane, libelous, slanderous, threatening or otherwise harassing posts.
INVOICES & PAYMENT: One Internet America will invoice you once a month for Services (on the 1st of each month), one (1) month in advance. You understand that all PAYMENTS ARE DUE ON THE 5th of the calendar month and over extended “Grace Period” until the 15Th of the month.
After the 15Th day of the month, our billing system will issue a “Soft Disconnect” and will prevent the customer from accessing to the internet, soft disconnect will allow the customer to access to the billing portal system for immediate payment and automatic account restoration.
Payments received after the grace period will be assessed a Late Fee of $25.00. If payment is not received by the close of business day on the 15Thof the month, One Internet America may, without notice, terminate a past due account and at it’s sole discretion charge a re-connection fee of $50 or terminate the account completely.
If your account is terminated due to nonpayment, you or your company will be liable for any applicable cancellation fee which is normally the remaining balance of your contract and all expenses incurred by One Internet America to collect the unpaid debt and/or termination fee, including, but not limited to, attorney fees/expenses, court filing fees, process server fees, collection agency fees/expenses, travel expenses for One Internet America or its agency. All invoices that include a past due balance are due and payable immediately. One Internet America reserves the right to terminate or cancel the contract and services at any time at its sole discretion.
NET30 terms can be requested by Corporate Customers via support ticked from inside your account. Customer with NET 30 agreements will have extended 30 days for payment.
If you have agreed to a Contract term of 12 months or greater and choose to terminate your contract not related to the “Right of Termination” before the end of your agreed upon term, the cancellation fee is equal to the remaining number of monthly service charges in your contract plus any unpaid service charges. All cancellation requests must be made in writing with a 30 Day Notice delivered by Mail to One Internet America 350 S. Milliken Ave, Ste E, Ontario, CA, 91761 or by creating a new ticket from the customer portal.
For a new customer setup One Internet America’s invoice will reflect all applicable Installation and CPE charges and prorated monthly Services charges for such month and the advance monthly Service charges, however all Installation and Equipment charges must be paid at the time of installation for installation to commence. One Internet America will commence billing for Services upon completion of its installation.
RIGHT OF TERMINATION: Customer can request services termination without any penalty or other charges only if the services are not delivered as requested or if One Internet America is not able to maintain a substantial service level agreement (SLA) for the service (s) at the customer location.
Customer can request a copy of the SLA for current services by opening a new support ticket from the customer portal at any time.
One Internet America will retrieve the equipment installed at the customer premises after the services termination; Installation fees will not be reimbursed. If the services are terminated before the end of the contact date due One Internet America failure to maintain standard SLA, customer will not be charged for the remaining time of the contract.
In case of customer relocation if One Internet America and its agents are unable to provide service to Customer’s new location, the Agreement shall terminate and no early termination fees shall apply.
SERVICE RELOCATION: If the Customer moves during the term of this Agreement and would like to relocate the Service, Customer must place a relocation request with One Internet America. as soon as possible. This request must contain the requested date of service termination, plus the address and phone number of the new location if possible and the prospective move-in date. Upon receiving a written or email relocation request from Customer, One Internet America. will place a “relocation order” for the new location.
The Service may be maintained at the old address until the Service has been delivered to the new address. All applicable installation fees will be charged at the new address. After the Service has been delivered to Customer’s new address, Customer may choose to keep the Service up at the old address for up to 30 days for a smooth transition. Customer will be billed for both services during any period when both are in service simultaneously. If the old Service has not been cancelled within 30 days after delivery of the new Service, they will be considered separate orders.
BANDWIDTH: One Internet America’s service commitment is to provide an average of eighty-percent (80%) of the rated bandwidth as tested by the One Internet America network bandwidth-monitoring device and burstable to a maximum of the rated bandwidth.
The One Internet America commitment extends from the subscriber premise to our network node at the One Internet America Network Interconnect Facility (NIF). For example, for One Internet America’s 10 Mbps access service, the eighty-percent (80%) commitment level would result in an average bandwidth of 8 Mbps burstable to 10 Mbps.
NETWORK AVAILABILITY: Due to One Internet America’s high standards, we are committed to network availability for any link of 99.9%
NETWORK OUTAGE CREDITS: One Internet America will provide credits for One Internet America documented network outages resulting in subscriber loss of use of the network for requesting subscribers in the
following instances: For subscriber outages of More Than 30 Minutes or greater within a 24 hour period in which a subscriber requests a credit One Internet America will provide a credit to you for one (1) day of One Internet America’s access service fee: Pre-announced network maintenance windows; Subscriber induced outages including: loss of power at the CPE; LAN issues resulting in Loss of connectivity to One Internet
America; movement of CPE; moves and changes in cabling at the Subscriber Premise; changes in IP addresses or Internet issues beyond One Internet America’s immediate control, including but not limited to Force Majure clause included in this contract. Your service is deemed active and in service if an One Internet America technician can ping the CPE or your router.
ILLEGAL USE: Any services on an One Internet America Internet Connection must conform to local, state and federal ordinances. One Internet America does not allow the access of Pornographic or P2P File Sharing, or any other type of File Sharing on our systems.
Subscriber assumes all risks associated with copyright restrictions, trademark restrictions, confidentiality limitations, trade secrets, patent restrictions or any other intellectual property, tangible or intangible rights associated with all electronic content which is downloaded or uploaded using One Internet America’s Services. One Internet America reserves the right to exclude video over ip and voice over ip services for its own use and may or may not grant exclusive licenses for an additional fee to any user wishing to use or provide live or recorded video or voice over ip telephone services over its network. Any activity that violates the above items, degrades, or impacts One Internet America’s network is grounds for immediate suspension or termination of One Internet America services at One Internet America’s sole discretion. This will also be deemed breach of contract and subscriber will be charged remaining months of the service agreement.
TECHNICAL SUPPORT: One Internet America assumes that the user has a basic understanding of their computer. One Internet America will not train users in basic computer skills such as, but not limited to deleting files or creating directories. Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Our technical support staff is not trained to and will not assist you in installing and/or troubleshooting software, printers, drivers, modems or telephone lines.
RESALE: Subscriber is expressly prohibited from reselling any Services provided hereunder. Subscriber is prohibited from hosting any website dedicated to the sale or dissemination of any unlawful goods or services. The use of these Services in connection with any matter or thing, which violates any municipal, state, county, or federal law or ordinance is prohibited, and subscriber shall indemnify and hold harmless One Internet America, its officers, directors, shareholders, agents and employees from any and all claims, liabilities, damages or expenses, including attorneys fees, arising out of or resulting from the use by Subscriber of the Services provided herein.
EQUIPMENT: Subscriber acknowledges that all equipment including any equipment that is or may be deemed to be a fixture within the meaning of the applicable Uniform Commercial Code, will at all times remain the property of One Internet America. Subscriber may not sell, transfer, lease, encumber, or assign any or all of the Equipment to any third party. Subscriber shall pay for the full retail cost of the equipment, or the repair or replacement cost of any lost, stolen, un-returned, damaged by customer, sold, transferred, leased, encumbered or assigned Equipment. Subscriber is responsible for any changes to the One Internet America equipment, software and configuration after One Internet America completes its service set up. However, if One Internet America determines that no such abuse or misuse of One Internet America’s CPE Equipment has occurred, One Internet America will repair or replace such Equipment as required to resume Services. Should Subscriber cancel service with One Internet America, the Subscriber is responsible to return the equipment to One Internet America in good working condition within 10 days. Should Subscriber not return equipment as stated above, Subscriber will be liable for cost of equipment and will be
billed at retail value.
Should Subscriber wish to have One Internet America remove equipment, Subscriber may request removal by One Internet America at which time an additional fee will apply for One Internet America to remove equipment.
MAINTENANCE: Maintenance, repair or replacement of parts damaged or lost through catastrophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber or causes external to the wireless system, such as, but not limited to failure of, or faulty, electrical power, operator error, or malfunction of Subscribers computer and/or peripheral equipment not installed by One Internet America., or from any cause related to or other than the intended and ordinary use.
Antenna re-aiming or relocation due to obstructions such as trees, vegetation or buildings, or storm related damage. Any re-aiming or relocation of antennas, or
reconstruction of tower/mast assemblies will be billed to the Subscriber at standard hourly rates.
FORCE MAJURE: IN NO EVENT SHALL One Internet America or it’s Officers, or 3rd PARTY CONTRACTED PROVIDERS (COLLECTIVELY, “PROVIDER”) BE LIABLE TO CUSTOMER FOR ANY DELAYS IN THE PERFORMANCE
OF SERVICES HEREUNDER OR FOR ANY FAILURE TO PERFORM HEREUNDER IF SUCH DELAYS OR FAILURES ARE DUE TO STRIKES, INCLEMENT WEATHER, ACTS OF GOD, OR OTHER CAUSES BEYOND PROVIDERS REASONABLE CONTROL.
PROVIDER WILL NOT BE RESPONSIBLE FOR PERFORMANCE OF ITS OBLIGATIONS HEREUNDER WHERE DELAYED OR HINDERED DUE TO WAR, RIOTS, EMBARGOS, STRIKES, OR OTHER ACTS OF ITS VENDORS AND SUPPLIERS, CONCEALED ACTS OF WORKMEN (WHETHER OF PROVIDER OR OTHERS), OR ACCIDENTS. SHOULD SUCH OCCURRENCE CONTINUE FOR MORE THAN 30 DAYS, PROVIDER OR CUSTOMER MAY CANCEL SERVICE FOR THE AFFECTED SERVICES AND/OR PRODUCTS WITH NO FURTHER LIABILITY. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY SPECIFIC, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT OR ANY OTHER LEGAL THEORY. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS,
INDEMNITY, LOSS OF SAVINGS OR REVENUE, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME, THE CLAIMS OF THIRD PARTIES, AND INJURY TO PROPERTY.
ANY CLAIM OR LEGAL ACTION ARISING OUT OF FAILURE, MALFUNCTION OR DEFECT IN PROVIDER’S SERVICES OR GOODS, OR ARISING FROM THIS CONTRACT IN ANY RESPECT, SHALL BE BROUGHT WITHIN A PERIOD OF ONE YEAR FOLLOWING THE OCCURRENCE OF SAID CLAIM OR SAID CLAIM SHALL BE DEEMED WAIVED. PROVIDER’S LIABILITY TO SUBSCRIBER HEREUNDER, IF ANY, SHALL IN NO EVENT, EXCEED THE TOTAL AMOUNT CUSTOMER HAS PAID TO PROVIDER HERUNDER. PROVIDER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.PROVIDER DOES NOT WARRANT THAT ITS SERVICE WILL PERFORM AT A PARTICULAR SPEED, WILL BE UNINTERRUPTED, ERROR FREE, OR COMPLETELY SECURE.
CHOICE OF LAW: You and One Internet America agree that the law of the State of California, U.S.A. will apply to all matters relating to this Agreement and to One Internet America. In addition, You and One Internet America agree and consent that the Courts of San Bernardino, California, U.S.A. will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder. User agrees to defend, indemnify and hold harmless One Internet America, its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorney’s fees, arising out of or relating to member’s use of One Internet America’s service.
In the event that the User is in breach of contract, the User agrees to pay all collection costs, court costs and any other applicable attorney fees incurred in order to collect any unpaid outstanding balance on User’s account and/or breach of contract by User. The User understands that this agreement is assignable by One Internet America. If any part of this agreement is unacceptable to you, you must immediately terminate your membership with One Internet America. This agreement shall automatically renew on the stated periodic basis unless terminated by either party giving the other thirty days written notice.
RIGHT TO MONITOR: One Internet America shall operate the service properly, to protect itself and its customers. For that purpose, each customer must acknowledges and agree that One Internet America has the right (but not the obligation) to monitor the service content and the use of the service by each customer. One Internet America has the further right to disclose any information as necessary to satisfy any law, regulation, or other governmental requirement. One Internet America may refuse to post, and may remove, any information or materials, in whole or in part, that in its sole discretion considers to be inappropriate, unnecessary or in violation of this agreement.PERMITTING AND LANDLORD APPROVAL: It is the Subscriber’s responsibility to obtain any required permits, homeowner association’s approvals, mortgage grantors permission, or to grant or gain landlord approval for the placement of the antenna on the Subscribers building. Landlord/Owner consents to the installation, maintenance, and removal of the equipment described herein and required by Subscriber to receiver One Internet America services.
It is understood that if a CPE and Dish is to be mounted on the exterior of the building that subscriber ordering such services is the authorized landlord or owner of said property and approves, permits and consents to the installation, maintenance, and removal of the One Internet America’s CPE and Dish, and other equipment required to receive Services.