TC3Net WIRELESS TERMS OF SERVICE CONDITIONS AND REGULATIONS
Agreement version: 20120210v1 (Last Updated: 2012 Feb 10)
Latest version available online: http://www.tc3net.com/info
Latest pricing available online: http://www.tc3net.com/pricing
Please call with any questions or concerns: 517-265-7872
READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS. IN ADDITION, BY
PLACING AN ORDER FOR THE SERVICE, THE CLIENT ACKNOWLEDGES THAT TC3Net WILL COMMENCE PROCESSING SUCH ORDER AND WILL
INCUR EXPENSES AND OBLIGATIONS IMMEDIATELY. IF THE CLIENT DOES NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, THE
CLIENT MAY NOT USE THE SERVICE AND THE CLIENT SHOULD CANCEL THE CLIENT’S ORDER. IF THE CLIENT DOES NOT AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS, TC3Net WILL BE UNDER NO OBLIGATION TO PROVIDE THE CLIENT WITH THE SERVICE.
THE TERMS AND CONDITIONS ARE SUBJECT TO REVISION BY TC3Net FROM TIME TO TIME. TC3Net WILL NOTIFY THE CLIENT OF ANY SUCH
CHANGES BY POSTING NOTICE OF SUCH CHANGES AT WWW.TC3Net.COM OR BY SENDING NOTICE VIA E-MAIL OR POSTAL MAIL. THE
CLIENT’S CONTINUED USE OF THE SERVICE FOLLOWING NOTICE OF SUCH CHANGE SHALL BE DEEMED ACCEPTANCE OF THE CHANGE. FOR
PURPOSES OF THE TERMS AND CONDITIONS, THE AUTHORIZED SIGNOR OF THIS AGREEMENT WILL BE REFERRED TO AS THE “CLIENT.”
(1) Service. The Service consists of a wireless-based Internet access service as further described in this Agreement (the “Service”). Service is
available in specific locations throughout the TC3Net service area with an unobstructed view of a TC3Net Wireless Tower and its usage is
subject to TC3Net’s Fair Access and Acceptable Use Policies. In order to receive the Service, the Client must purchase from TC3Net or an
authorized distributor of TC3Net, the designated equipment (“TC3Net Equipment”). Only a TC3Net-authorized installer may install the TC3Net
Equipment at the Client’s residence. The Client shall be responsible for obtaining and maintaining any equipment needed to access,
connect to, or use the Service, including, but not limited to, the proper maintenance of the equipment, cabling, and mounting
arrangement. Client shall be responsible for insuring that such equipment is compatible with the Service. Service provided by TC3Net is for
the sole use of the Client, and does not include adjacent apartments, residences, offices, neighbors, or any type of space not physically
associated with the Client’s address. The Service can not be resold, transferred, or shared in any way without the prior written consent
of TC3Net, which may be given in its sole discretion. If the Client attempts to resell, transfer, or share the Service, TC3Net may, at its sole
discretion, increase the fees associated with the Service, or terminate the Service.
(2) Minimum System Requirements. The Client’s computer must meet certain minimum requirements to receive the Service as set
forth on the TC3Net website, www.TC3Net.com. It is the Client’s responsibility, at the Client’s expense, to obtain, maintain, and operate
suitable and fully compatible computer equipment required to access the Service.
(3) Billing. Client agrees to pay all charges to Client’s account, including applicable taxes and charges to recover taxes paid, in accordance
with billing terms in effect at the time the fee or charge becomes payable. Client agrees to provide TC3Net with accurate and complete
billing information, including Client’s legal name, address, telephone number and credit card information. Client agrees to report to
TC3Net all changes to this information within thirty (30) days of any change, including any change in the expiration date of Client’s credit
card. The recurring monthly fee is due and payable in advance of the first day of each monthly billing period for which the Client has
purchased Service, with the first payment due and payable on the activation date of the Service. Client agrees to pay a fee for
processing unpaid checks or rejected credit cards. Monthly fees are non-refundable. The initial payment may include non-recurring
installation charges including, but not limited to equipment, wiring and other installation fees.
(4) Suspension and Reconnection Fee. Delinquent accounts are subject to immediate termination or suspension of Service at the sole
discretion of TC3Net. If payment is not received by TC3Net within five (5) days from the date payment is due, a Client’s account is considered
delinquent and Client will be subject to a late payment fee of 1.5% per month of the outstanding balance on Client’s account or $15
dollars, whichever is greater (not to exceed the maximum rate permitted by law). If a Client’s account remains delinquent for more than
30 days, the delinquent balance plus any past due charges, collection fees, and Early Termination Fees as specified in (§15), may be
charged to the Client’s credit or debit card. Client is also responsible for all attorney and collection fees arising from our efforts to
collect any unpaid balance. To reactivate suspended Service, the Client must bring the account up to date through the month of
reactivation by making payment in full of any outstanding balance, fees and other applicable charges, including a reconnection fee.
(5) Subscriber Responsibility. The Client agrees they are responsible for all access to and use of the Service through the Client’s account
or password(s) and for any fees incurred for Service, or for software or other merchandise purchased through the Service, or any other
expenses incurred in accordance with the terms of this Agreement. The Client acknowledges that areas accessible on or through the
Service may contain material that is unsuitable for minors (persons under 18 years of age). The Client agrees to supervise usage of the
Service by minors who use the Service through your account. The Client ratifies and confirms any obligations a minor using your
account incurs or assumes and any promises or permissions such minor makes or gives. The Client acknowledges that an owner’s
manual or similar material was provided at the time of installation of TC3Net Equipment and that the Client has read and understood the
manual and all product warnings contained in the manual.
(6) Security. The Client agrees to take reasonable measures to protect the security of Client’s computer, including maintaining an up-todate version of anti-virus and/or firewall software to protect the computer from malicious code, programs or other internal components
(such as a computer virus, computer worm, computer time bomb or similar component). The Client expressly agrees that if the
computer becomes infected and causes any of the prohibited activities listed in (§7), TC3Net may immediately suspend the Service until
such time as the computer is sufficiently protected to prevent further prohibited activities. The Client will be fully liable for all monthly
fees and other charges under this Agreement during any period of suspension. In all cases, the Client is solely responsible for the
security of any device the Client chooses to connect to the Service.
(7) Intended Use of the Service. Client agrees not to use the Service in a manner prohibited by any federal or state law or regulation.
Transmission of any material in violation of federal or state law or regulation, including, but not limited to any copyrighted material,
material protected by a trade secret or material or messages that are unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation is prohibited,
and TC3Net reserves the right to suspend or terminate the Service in the event of such violation. 2 of 4
(8) IP Addresses. IP addresses are not portable and are not assigned for independent administration or distribution. The Client
understands that IP assignments are not guaranteed, and may be modified as required by TC3Net and/or the American Registry for Internet
Numbers (ARIN).
(9) Privacy; Monitoring the Service. TC3Net is under no obligation to monitor the Service, but TC3Net may do so from time to time and TC3Net
may disclose information regarding Client’s use of the Service for any reason and in its sole discretion in order to satisfy applicable laws,
regulations, governmental requests, or in order to operate and deliver the Service in an effective manner, or to otherwise protect TC3Net
and its Clients. TC3Net reserves the right to refuse to post or to remove any information or materials that, in its sole discretion, are
unacceptable, undesirable or in violation of this Agreement.
(10) Modification of the Service. TC3Net may discontinue, add to or revise any or all aspects of the Service in our sole discretion and
without notice, including access to support services, publications and any other products or services ancillary to the Service. In
particular, TC3Net reserves the right at its sole discretion to modify, supplement, delete, discontinue or remove any software, file,
publications, information, communication or other content provided by TC3Net or its vendors in connection with the Service. If TC3Net undertakes any of these changes, TC3Net may, but is not required to, notify clients by e-mail, online via one of more of the websites within
the Service or other electronic notice. If Client does not agree to such changes, then Client must cancel the Service prior to the effective
date of such changes. The use of Service after the effective date of such changes or additions constitutes Client’s acceptance of such
changes. In addition, TC3Net may take any action consistent with section (§7), and the Fair Access Policy, including actions to (a) prevent
bulk e-mailing from entering or leaving any e-mail account or the network e-mail system, (b) delete e-mail messages if the e-mail
account has not been accessed within a time established by TC3Net from time to time, in TC3Net’s sole discretion, (c) delay or reject e-mail or
instant messages due to space limitations, (d) withdraw, change, suspend or discontinue any functionality or feature of the Service, (e)
delete attachments to e-mail due to potentially harmful materials included within such attachment, and (f) limit access to the Service to
prevent abusive consumption and ensure fair access for all clients.
(11) Installation of Equipment. The Client represents that there are no legal, contractual or similar restrictions on the installation of the
TC3Net Installed Equipment in the location(s) the Client has authorized. It is the Client’s responsibility to ensure compliance with all applicable
building codes, zoning ordinances, homeowners’ association rules, covenants, conditions, and restrictions related to services provided
under this Agreement, to pay any fees or other charges, and obtain any permits or authorizations necessary for services provided under
this agreement (collectively "Legal Requirements"). The Client is solely responsible for any fines or similar charges for service in violation
of any applicable Legal Requirements. The Client acknowledges and agrees that TC3Net or the premise technician installer will be required
to access your premises or system and to install and maintain the TC3Net Installed Equipment, including the satellite dish antenna and its
components, necessary to receive the Service inside and outside Client’s home. This will include attaching a satellite modem to Client’s
computer, installing software, and configuring computer for optimized performance of the Service. By signing this Agreement,
scheduling a service or installation visit, and permitting access to Client’s premises, the Client is authorizing the TC3Net or installer to
perform all of the above actions. NEITHER TC3Net NOR TC3Net INSTALLERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES
RESULTING FROM INSTALLATION, REPAIR OR OTHER SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGE TO PREMISES, LOSS OF
SOFTWARE, DATA OR OTHER INFORMATION FROM CLIENT’S COMPUTER. The Client is responsible for backing up the computer data,
which is highly recommend prior to installation. Timeframes for installation, if any, are not guaranteed and may vary depending on the
types of services requested and other factors. Client acknowledges that the inability of Client’s or third party’s facilities to access the
Service or other operational impediments may preclude or delay delivery of Service. Client acknowledges that the installer may require
inside wiring to be completed and client may incur additional installation charges. In the event the Client fails to keep an installation
appointment, TC3Net may charge the Client an arbitrary fee to recover any costs associated with an additional installation appointment. Outside radio equipment deployed at client's location must have clear line of sight to tower.
(12) Transfer of Service. TC3Net may, at its sole discretion, allow a Client moving out of the current residence to transfer the Service to the
new resident. Client must make any necessary arrangements with the new resident for the transfer of ownership of the satellite dish,
mounting hardware, cabling, and any other equipment associated with the Service, but not including the Client’s computer. The new
resident must (a) provide proof of occupancy, (b) meet all TC3Net customer qualifications, which may include a credit check and or
deposite, and (c) sign a new Service Agreement before the transfer of service will be approved.
(13) Moving Policy. TC3Net is not responsible for any costs associated with the moving of the customer’s equipment, and is not obligated to offer any type of credit for the Service during the transition period. It is the responsibility of the Client to notify TC3Net when a Client is moving to a new location. The Client is responsible for coordinating with TC3Net in scheduling a site survey and install at Client's new location. Moving does not exempt Client from the fulfillment of the term of this agreement, or from any Early Cancellation or Termination Fees. TC3Net may, at its sole discretion and where technically feasible, offer the Client the option to transition to another Broadband product to avoid Cancellation or Termination Fees. Moving Wireless service involves a site survey and complete installation which requires a scheduled appointment. Client is responsible for the cost of installing the service at the new location for the standard installation fee of $199.95. There may be additional non standard installation charges at the Client's new location that were not required at the original location due to the nature of attaining a suitable signal for Wireless service. If Client's agreement term is complete then agreement renewal discounts may be available to cover some costs of the new installation.
(14) Term / Cancellation. Client agrees to maintain Service for the Initial Term agreed upon at sign-up. Service shall automatically renew,
after completing Initial Term, on a month-to-month basis unless Client otherwise agrees to an additional term commitment. Provided
Client does not agree to an additional term commitment, Client may terminate the Service at the end of contract Term or at any time
thereafter by providing not less than thirty (30) days written notice to TC3Net. Termination notice must be sent to: TC3Net Inc., attn.
Cancellation Department, 247 S Main St Adrian MI 49221 or the Client may call TC3Net at 517-265-7872.
(15) Early Termination. Client acknowledges that TC3Net incurs significant expense once a Client’s order for Service has been placed.
Therefore a Client who terminates an order will be subject to either an Early Cancellation Fee or an Early Termination Fee and other
possible inventory and installation recovery fees, based on contract type and point of time when terminated. Client agrees that TC3Net may
abandon any or all of the TC3Net Installed Equipment at the time of termination and that TC3Net is not obligated to de-install or otherwise retrieve any
of the TC3Net Installed Equipment. Client further agrees to return the Equipment to the TC3Net place of business upon termination, and to authorize
TC3Net to access Client’s premises at reasonable times and upon reasonable notice to retrieve any outdoor equipment. Client may cancel
an order within 3 business days of signing the Terms of Service agreement without penalty as long as no equipment has been installed at Client premises. Client must provide written notice of
cancellation via certified letter to: TC3Net, attn. Cancellation Department, 247 S Main St Adrian MI 49221. 3 of 4
A. Initial Term. Client agrees to retain Service as stated in this Terms of Service and agrees to these additional conditions:
i. Early Cancellation Fee. A Client who terminates an order after installation has begun, but prior to service activation will be charged a $125 Early
Cancellation Fee. Installation is complete when Service is activated at Client’s location. Installation begins once the TC3Net wireless field technician has deployed any Internet equipment including outside radio and cabling on the Client’s premises. Installation does not include the initial site survey. The TC3Net wireless field technician will discuss installation options with Client after the site survey and before installation and request approval from Client to procede with installation.
ii. Early Termination Fee. A Client who terminates the Service after installation of Service but prior to the completion of
the Initial Term may be liable for any or all of the following termination charges listed in this agreement. Termination
charges are billed in one lump sum and shall be payable immediately upon termination.
1. An amount equal to the monthly recurring charge multiplied by the number of months remaining on the Initial Term agreed upon at sign-up.
2. An additional termination charge in an amount equal to any promotional credit, discount, outstanding balance, or fee waiver (if applicable) provided to the Client. Items (1) and (2) shall not exceed $295.00.
3. NREF - A mandatory Wireless equipment non-returned equipment fee of $120.00 + tax will be charged to Client and maybe credited upon TC3Net receiving the Wireless equipment in good working condition. Working condition of the Wireless equipment will solely be based on TC3Net's discretion.
(16) Restrictions. Clients who subscribe to Service agree not to run any servers in conjunction with such residential Service, including but
not limited to, Web, electronic mail, NAT, game, DHCP and DNS servers. In the event a residential Client attempts to utilize a server on the
network, TC3Net may, at its sole discretion, increase the fees associated with the Service, suspend or terminate the Service.
(17) No Liability for Content. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT TC3Net EXERCISES NO CONTROL OVER THE NATURE,
CONTENT OR RELIABILITY OF THE INFORMATION AND/OR DATA PASSING THROUGH ITS NETWORK. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY TC3Net, ITS DEALERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY AND CLIENT MAY NOT
RELY ON ANY SUCH INFORMATION OR ADVICE. TC3Net MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
REGARDING THE QUALITY, ACCURACY OR VALIDITY OF THE INFORMATION AND/OR DATA RESIDING ON OR PASSING THROUGH ANY
NETWORK. USE OF ANY INFORMATION AND/OR DATA OBTAINED FROM OR THROUGH SERVICE PROVIDED BY TC3Net WILL BE AT CLIENTS
OWN RISK. THE INTERNET CONTAINS UNEDITED MATERIALS WHICH MAY BE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO THE
CLIENT OR OTHERS ACCESSING THE SERVICE. TC3Net HAS NO CONTROL OVER SUCH MATERIALS AND ACCEPTS NO RESPONSIBILITY FOR
SUCH MATERIALS.
(18) Limitation of Liability. CLIENT ACKNOWLEDGES THAT TC3Net IS NOT LIABLE FOR ANY ERRORS OR INTERRUPTION IN THE
INSTALLATION PROCESS OR IN PROVIDING THE SERVICE, WHETHER WITHIN OR OUTSIDE THE CONTROL OF TC3Net. UNDER NO
CIRCUMSTANCES SHALL CLIENT HOLD TC3Net RESPONSIBLE FOR ANY FORM OF DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION
ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOSSES, INCLUDING LOSS OF PROFITS,
LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES AND PERSONAL INJURIES AND DEATH) SUFFERED FROM, BUT NOT LIMITED TO
ERRORS, DELAYS, LOSS OF INFORMATION, DELAYS IN THE INSTALLATION OR PROVISIONING PROCESS, OR INTERRUPTIONS IN THE
SERVICE CAUSED BY THE CLIENT, TC3Net OR A THIRD PARTY’S NEGLIGENCE, FAULT, MISCONDUCT OR FAILURE TO PERFORM. CLIENT
UNDERSTANDS THAT SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE AND FOR
OTHER REASONS WITHIN AND OUTSIDE OF THE DIRECT CONTROL OF TC3Net. UNDER NO CIRCUMSTANCES DO ANY SUCH ERRORS,
DELAYS, INTERRUPTIONS IN SERVICE OR LOSS OF INFORMATION NULLIFY OR MODIFY THESE TERMS AND CONDITIONS. TC3Net RESERVES
THE RIGHT TO REFUSE OR TERMINATE SERVICE TO A CLIENT AT ANY TIME WITHOUT CAUSE.
(19) Disclaimer of Warranties. CLIENT EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT CLIENT’s SOLE RISK. NEITHER TC3Net NOR ANY
OF TC3Net’S WHOLESALERS, DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS OR THIRD PARTY CONTENT
PROVIDERS (“TC3Net’S PARTNERS”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO TC3Net NOR ANY OF
TC3Net’S PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING ANY
MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL
CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. TC3Net
EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED
OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY TC3Net OR ANY OF TC3Net’S PARTNERS
SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE TC3Net PROVIDES SUBSCRIBERS
WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, TC3Net CANNOT AND DOES NOT WARRANT THE ACCURACY
OF ANY OF THE INFORMATION CLIENT OBTAINS THROUGH THE SERVICE. TC3Net SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY
DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM, OR FROM ANY ATTEMPT
TO REMOVE, ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CLIENT TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY
APPLICABLE LAW. THE LIMITED WARRANTY GIVES CLIENT SPECIFIC LEGAL RIGHTS, AND CLIENT ALSO MAY HAVE OTHER RIGHTS THAT
VARY BY JURISDICTION.
(20) Client Complaint Resolution. In order to resolve a complaint regarding the Service or to receive further information regarding the
use of the Service, Client should contact TC3Net Inc., attn. Client Care Department, 247 S Main St Adrian MI 49221.
(21) Additional Terms and Conditions. TC3Net may, from time to time, send e-mails or other forms of communication to Client containing
advertisements, promotions, etc. which may be offered by third parties. TC3Net makes no representation or warranty with respect to the
content of any such third party communications or goods or Service which may be obtained in response to such communications and
Client agrees that TC3Net shall not have any liability with respect thereto, nor shall any such messages amend the Terms and Conditions
unless specifically agreed to in writing by TC3Net. Additionally, TC3Net’s web site may contain links to web sites operated by parties other than
TC3Net. Such links are provided for the Client’s convenience only. TC3Net does not control such web sites and is not responsible for their
contents. TC3Net’s inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association
with their operators.
(22) Entire Agreement. The Terms and Conditions contains the entire agreement and understanding concerning the Service and
supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral. The Terms and
Conditions may be modified at any time by TC3Net and the latest version may be found at www.TC3Net.com. A printed version of these Terms 4 of 4
and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or
relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
(23) Assignment and Successors in Interest. All of the Terms and Conditions shall be binding upon, inure to the benefit of, and be
enforceable by the respective successors and permitted assigns of Client. Except as specifically stated herein, neither these Terms and
Conditions nor any of the rights, interests or obligations of Client or TC3Net shall be assigned or delegated without the prior written
consent of TC3Net. Any unauthorized assignment or delegation shall be null and void. Notwithstanding the foregoing, TC3Net may assign or
otherwise transfer its rights and obligations to any affiliate (whether by purchase of stock or assets, merger, operation of law, or
otherwise) of that portion of its business related to the subject matter hereof.
(24) Arbitration. Any controversy or claim arising out of or relating in any way to these Terms and Conditions, the breach thereof, or the
subject matter thereof, if not otherwise settled by the parties, shall be finally settled by binding, expedited arbitration in accordance
with the Rules of the American Arbitration Association as applicable. In the event that such Rules do not cover a question arising during
the arbitration, then the laws of the United States of America pertaining to arbitration shall apply. The arbitration proceedings shall be
conducted in (and the parties consent to personal jurisdiction and venue in) Lenawee County, Michigan, U.S.A. The arbitration shall be
carried on by a single arbitrator selected in accordance with such Rules and all hearings shall be before and transcribed by a certified
court reporter. Until a determination hereunder, the parties shall share the payment of the expenses of the arbitrator and the court
reporter. The arbitrator shall provide for discovery for a period of one hundred and twenty (120) days following the selection of the
arbitrator, with questions relating to such discovery determined by the arbitrator. The arbitrator's award shall be in writing, and shall
include detailed Findings of Fact and Conclusions of Law. The arbitrator's award shall be rendered within sixty (60) days after the
conclusion of the arbitration proceedings (i.e., after the matter is deemed submitted to the arbitrator). Judgment upon the arbitration
award rendered by the arbitrator may be entered in and enforced by any court or tribunal having jurisdiction thereof. The arbitration
award shall have the same force and effect as if the award and decision were made and entered by a trial court or tribunal of
competent jurisdiction.
(25) Choice of Law. These Terms and Conditions shall be construed in accordance with the laws of the State of Michigan (excluding rules
regarding conflicts of law) and the United States of America.
(26) Severability. In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that
any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be
enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and Conditions
will remain in full force and effect.
(27) Indemnification. Client shall indemnify and hold TC3Net harmless against any and all claims, losses, damages and liabilities sustained by
TC3Net resulting from, arising out of, or connected with any breach of, or non-fulfillment of any representation, warranty, covenant or
agreement made by or other obligation of Client contained in these Terms and Conditions.
(28) High Bandwidth Applications and Third-Party VOIP services. Due to the nature of wireless service, the reliability of high bandwidth applications including but not limited to Netflix™, streaming video, online gaming, third party voice over IP services including but not limited to Skype™, femtocells, microcells, picocells, cellular repeaters, cellular over Internet, cell boosters along with similar devices can not be guaranteed.
(29) Best Negotiated Speed.
TC3Net Wireless High Speed Internet service offers a best negotiated speed. The maximum speeds for each plan level may not be available at all times in all conditions. TC3Net will attempt to install service in such a way as to maintain the highest level of reliable service possible. Due to the nature of Wireless transmission and the myriad factors that can affect signal transmission there can be no guarantee of service speed.
(30) Undeployment Due To Signal Quality.
TC3Net Wireless High Speed Internet service requires all users to maintain a certain signal level quality specification as determined by its engineering department. If TC3Net is unable to maintain this signal level they may need to undeploy the client equipment and release the client from the contract agreement.
(31) Standard and Non-Standard Installation.
All installations require clear line of sight to the associated tower.
Standard installation includes:
Includes 100 feet of shielded/burial/outdoor Ethernet cable that meets or exceeds TC3 engineering specifications. This cable length connects the outside radio and the POE power supply inside the client property and includes any service and drip loops deemed necessary by the qualified field technician.
Client's roof must be accessible by one 25 foot extension ladder from the ground.
Installation of Wireless Internet to client's PC and confirmation of access to the Internet via client's PC or installer's laptop.
No configuring of additional hardware or software will be completed as part of the standard installation.
Internet cable routed through nearest exterior wall and one interior wall or floor, if floor is accessible via a basement (not crawl space).
Non-standard installation includes but is not limited to:
Requires additional time, materials, and/or costs over and above a Standard Installation. Prior to beginning an installation, the installer will assess what additional components are required above and beyond a Standard Installation, and provide an estimate to the Client for approval. The installation will begin upon approval from the Client and will be added to Client’s TC3 Wireless Internet bill. Listed below are just a few examples of what can comprise of a Non-Standard Install.
Client’s roof is not accessible by one 25 foot extension ladder from the ground.
More than 100 feet of Cat-5 cable required to complete the installation.
Installation requiring running cable through a crawl space, drop-ceiling, or through floor or ceiling joists.
Chimney, Side of House, Wall Mount, or non-penetrable roof.
(32) Support for Client Networks, Third Party Routers and Other Hardware.
TC3Net does not offer support for internal client networks, third party routers, switches, wifi routers, computers, and other client owned networking equipment that client uses in conjuntion with TC3Net Wireless Internet service. TC3Net will support Internet connectivity up to the POE power supply. Maintaining any internal client networking or infrastructure is the responsibility of the client. Issues with client owned computer systems, routers, wifi routers and other hardware is not supported by TC3Net. Client should seek out support services of respective manufacturer of client owned equipment.
(33) Wireless Modem Assurance.
To be eligible for TC3Net Wireless Modem Assurance, Client must be a subscriber to TC3Net's Wireless service. Client's TC3Net account must be current and in good standing. Damage caused by Acts of God are covered including but not limited to lightning strikes, power surges, wind, rain and hail. Equipment that fails before day thirty following the opt in date of WMA is not eligible for a WMA claim. Program only covers equipment that TC3Net has sold to the client. At onset of service issue, Client must call TC3Net and perform any action as directed by TC3Net Tech Support to determine if any equipment is faulty. Failure to call Tech support
or to follow the directions could result in a claim being refused. Replacement equipment will be of similar design and specification as original. TC3Net will determine
what is a similar design and specification. If the client requests a different installation, full retail prices for that those
modifications will be charged to the client. TC3Net will give priority to the replacement installation over new installs, however, appointments could be as long as
seven (7) days to effect repairs. Client radio will be configured the same as the orginal radio. Any alteration or configuration change requested
by the Client could carry potentional service charges. If TC3Net is of the opinion that the client is acting in a fraudulent manner, TC3Net reserves the right to refuse a claim. TC3Net cannot be held responsible for any delay of replacement due to postage, and or, supplier delays that may occur. No paid portion of this program is available for refund should the account be canceled. Cable that is trenched and buried by a TC3Net field technician and is damaged due to an Act of God is covered. Cable that is trenched and buried by the Client is not covered. Radio, standard cable run installed by a TC3Net technician and POE power supply are covered.
(34) TC3Net Installed Equipment
The TC3Net Installed Equipment is paid for by the client on their first bill. TC3Net may offer term completion credits which will be applied to the first bill. The client will be responsible for the sales TAX of the equipment which will be added to the first bill. Term completion credits cover much or all of the cost of Internet equipment up front, however they require that the client complete their contract. If TC3Net releases the client from the contract early due to service quality issues or if client cancels the contract early then the client must allow TC3Net to retrieve equipment. If the client completes the contract term and chooses to keep the Internet equipment they are free to do so. If the client completes the contract and wishes TC3Net to remove the equipment then TC3Net may or may not remove equipment at their discretion with no reimbursement to the client for the equipment that is un-installed.
