This agreement is between Customer (“Customer” “you”) and Bullitt Communications, (“Bullitt” “we”) a division of Richon, Inc., regarding services and/or equipment provided to Customer by Bullitt.
Dates of Service:
This agreement is effective immediately upon activation of Customer’s service on Bullitt’s network. This
agreement will remain in effect until either party provides the other with written notice to terminate services. Service will then disconnect on the first business day at least (30) days after the date written notice was provided.(1)
(1)Specific exceptions to this general termination policy are provided in several other sections of this agreement.
In addition, Bullitt Communications may immediately terminate service for the following reasons:
1. Payment is not received from Customer when due,
2. Customer transfers possession of Bullitt equipment or services to a third party,
3. Customer uses services or equipment in violation of the law or this agreement, or
4. Customer changes physical or billing address without prompt notification to Bullitt.
Ownership and Care of Equipment:
Except to the extent any equipment is specifically purchased by Customer, the ownership of all equipment
remains with Bullitt. Customer will be responsible for safekeeping of all of Bullitt’s equipment. Any loss or costs arising from loss, fire, theft, abuse, etc., (excepting normal wear and tear), will be paid by Customer.
Interruption of Service:
Occasionally, Bullitt may need to temporarily interrupt service for maintenance and upgrades (generally for only short periods of time). Bullitt will normally perform such maintenance between 12:01 a.m. and 7 a.m., local time. In any case in which maintenance is required at other times, Bullitt will make reasonable effort to provide customers with advance notice.
Web Content Solely Customer’s Responsibility:
Customer is solely responsible for content you publish on any Internet site. You agree that your content will not: (a) be false, inaccurate or misleading; (b) infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other propriety rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti discrimination or false advertising);(d) be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;(e) be obscene or contain child pornography; (f) contain any malware; (g) link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation. If Customer violates any of the above provisions Bullitt may terminate service immediately.
High-speed Internet service may not be available in all areas or at the rates or speeds generally advertised.
The general speed(s) available at your location are identified by Bullitt during the ordering process, and disclosed to you. Even after general identification by Bullitt, service availability and speeds cannot be guaranteed and may be limited by a variety of factors, including: your service location, obstructions between you and our transmission facility, computer performance or configuration, and network/Internet congestion, etc.
Data Management and Security:
While Bullitt does provide certain security for its networks, Bullitt cannot provide any security guarantees.
Customer assumes full responsibility for the management and security of your data, including without limitation backing up and restoring your data, managing file and print sharing, implementing procedures for accuracy of data and its transmission, and implementing security such as anti-virus and firewalls.
Bullitt is not responsible or liable for the management or security of your data, including without limitation, loss of your data or back-up or restoration of your data, regardless of whether your data is maintained on Bullitt servers or your own computer or server.
Deletion of Data Upon Termination:
Upon termination of your service, Bullitt may immediately delete all data, files, and other information stored in or for your account or on your website without further notice.
Limitation of Liability:
Customer understands that there are many factors which can influence Internet and related services. Bullitt, its affiliates, agents, and contractors will not be liable to Customer for any damages whatsoever associated with the services, software, or equipment provided by Bullitt. Customer specifically assumes all risks whatsoever associated with such services, software, and equipment.
Access to Customer’s Premises:
Bullitt is authorized to enter Customer’s Premises at which the Service will be accessed (the “Premises”) in
order to install, maintain, inspect, repair, and remove Bullitt equipment and service. Bullitt will make reasonable efforts to arrange access without undue inconvenience to Customer. Customer warrants and represents that Customer is the owner of, or a tenant in, the Premises, and that Customer has the legal authority to enter into this Agreement. Customer further warrants that Customer has the legal right to allow Bullitt full access to install and provide equipment and services to the Premises. Customer agrees to indemnify and hold Bullitt harmless if it is ever alleged that Customer lacks such legal right. Furthermore, Customer understands that Bullitt may request a written consent from the owner prior to providing services to Customer in any case in which Customer is not the owner of the premises.
Reporting and Legal Requirements:
Bullitt Communications is required to meet various legal obligations as an Internet and telephone provider. We may be requested to comply with the Communications Assistance for Law Enforcement Act “CALEA”. Upon such a request, we will make available to law enforcement agencies information automatically collected on the use of your service, including programs and websites you may use, services you may order, information regarding your electronic browsing and text of email transactions or electronic communications you send or receive using the services provided or electronic wiretapping as requested.
Taxes and tax rates may change from time to time. Advance notice may not be provided.
Customer understands that power or network outages will disable Internet and digital telephone services
provided by Bullitt, including 911 services.
Customer understands that analog modem equipment may be incompatible with digital telephone service provided by Bullitt. Such items may include but not be limited to: alarm systems, computer modems, and life alerting systems.
Our services are sold to Customer only. Resale or providing service to others is illegal and prohibited.
Customer understands that usage costs are calculated in the context of typical usage within your data plan. In order to provide appropriate service to all Customers, Bullitt reserves the right to terminate service immediately upon notice to Customer, if (in Bullitt’s sole discretion) Bullitt feels that its service is being abused due to substantially excessive usage.
Payment of Service:
Bullitt Communications will provide service to Customer after advance payment has been made by Customer for services and any applicable taxes. Service is billed in advance on a monthly, quarterly or annual basis. Service may be terminated at any time by Bullitt if Customer fails to pay by the due date. In such case, Customer understands Bullitt may charge a reactivation fee to reinstate service. Customer also gives Bullitt Communications permission to obtain information from any source regarding Customer’s credit history. In the event of unauthorized signature on behalf of a business subscriber, the undersigned agrees to be personally liable for any amounts not paid when due. Customer understands that a late fee may be charged at a rate of 1 ½% per month of any past due balance. In the event of a collection action for unpaid balances, Customer agrees to pay for any costs incurred to Bullitt, including collection service costs, and attorney fees.
Charges and Fees:
Current costs and fees for equipment and services are as outlined on page #1 of this agreement. Customer understands that charges for ongoing services and fees may vary from time to time. Bullitt will notify customer of any expected change in service costs or fees at least 45 days before the change is instituted. Customer agrees to be bound by any new service costs or fees unless customer changes or cancels Bullitt services in a timely manner.