StratoNet DSL Terms and Conditions

READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING ANY OF OUR DSL SERVICES.

1. AGREEMENT.

This is an agreement between StratoNet, Inc. and you to provide StratoNet DSL ("the Service"). By establishing an account or using the Service or equipment, you agree to be bound by this Agreement and to use the Service in compliance with the StratoNet Internet Service Agreement and StratoNet Acceptable Use Policy ("the Agreements") which can be found by going to http://www.strato.net/terms".

2. TERM.

The initial term of this agreement is predefined as twenty four (24) months from the date that the Service is first installed ("Activation Date"), or twelve (12) months from the date that the Service is first installed ("Activation Date"), or Monthly for 256K DSL.   StratoNet reserves the right to change the price of the Service at any time after the initial term upon 30 days notice. Prices for other StratoNet services may change at any time upon 30 days notice and will be posted on the StratoNet homepage: www.strato.net. Current rates may also be obtained by calling 1-888-382-8503.  Upon completion of the initial contractual term, the DSL account will revert to a Monthly account.  Monthly accounts are billed at regularly priced service rates and are subject to all conditions, pursuant to Monthly accounts. 

3. THE SERVICE.

The Service speed can vary depending on location, service level selected, line quality, inside wiring, Internet traffic and other factors beyond the control of StratoNet. StratoNet provides the Service on a "best effort" standard and does not guarantee upload or download speeds. The email, web space and dial-up service are available under this agreement after the Activation Date. You may purchase a separate dial-up account while waiting for the service to be installed. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or any other charges. StratoNet is not responsible for any long-distance, toll or other charges you incur.  StratoNet, Inc. does not warrant nor refund any fees paid due to equipment failures, telephone outages, non-use, power failures, down time for replacement equipment, or any other reason the DSL service was not used.  You may add additional services, upgrade equipment and/or change plan speeds during your contract.  Administrative fees will be assessed depending on changes and may result in renewal of contract term.

4. CANCELLATION / EARLY TERMINATION.

If you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole remedy is to discontinue using the Service, cancel your account, and pay any cancellation fees that apply. StratoNet is providing equipment to you for your use of the Service. Cancellation of the Service by you before the initial term of the agreement ends will result in a $149.00 early termination penalty or the balance of the remaining contract pay-out, whichever is less. Monthly DSL accounts subject to a $50.00 disconnect fee.  An early cancellation fee of $99 will be charged if you cancel prior to installation (although no early-termination penalty will apply.) If you need to cancel your StratoNet DSL Service, please send your written request to StratoNet DSL Customer Service at fax (863) 382-3668. We require 30 days notice for service cancellation. To process your cancellation request, we require that you provide the following: (1) Written request submitted by the account holder (2) Your customer or account number (3) Current phone number (4) Reason for canceling service. Cancellation will be effective within 10 days from the time StratoNet receives, the written request, the DSL equipment, and all applicable fees. Upon cancellation, the applicable account and email service will be terminated and all files stored on StratoNet servers will be deleted. StratoNet reserves the right to terminate or refuse service to anyone, at any time, for any reason, without prior notice, including, without limitation, for violating any provision of this Agreement or Policy. No Transfers of Accounts. A Subscriber is prohibited from transferring his, her or its Internet access account, and is prohibited from allowing any other person (other than authorized family household members) to use their account. If the Subscriber has multiple accounts, the Subscriber is limited to one log-in session per system account at any given time. Accounts that we believe have been transferred to third parties, or which indicate activity in violation of this paragraph, are subject to being immediately suspended or terminated at StratoNet's sole discretion. The DSL equipment (in good repair), upon cancellation for any reason, must be returned to StratoNet within 10 days, you will be charged a $100.00 security deposit for the equipment which will be credited back to you upon receipt of the equipment within 10 days of the cancellation date, or otherwise be forfeited. This fee is posted on our Web site and is subject to change. Termination notice will be by email or U.S. Mail to the address you provided for the Service. All notices to you shall be deemed effective on the first (1st) day following the date of the email or on the fourth (4th) day following the date of the mailing. Sections 1, 4, 6, 10 and 11 of this Agreement shall survive termination of this Agreement.

5. ACCOUNT REQUIREMENTS.

In order to receive the Service:  You must be at least 18 years old. Have an Installed USB Port or Installed 10BaseT Ethernet NIC, Operating System CD (or equivalent)  The Service must be available to your location.  You must keep your telephone service active in order for the Service to work and you are responsible for charges for the Service regardless of the status of your underlying telephone service.

6. PAYMENT.

You will be charged a one-time application fee for the Service. The Service will have a monthly fee based upon the Service level ordered and installed. Current rates may be obtained by calling 1-888-382-8503. StratoNet may offer from time to time certain promotions with different terms, application fees and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately. Processing and Administrative fees may be added to your account for operating expenses related to your particular services.  You are responsible for any charges to your account. Questions regarding charges to an account should be directed to StratoNet's Billing Department at 1-888-382-8503. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old. Charges are billed to your credit card or debit card, as applicable, each month for the Service and any additional usage or services. StratoNet is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by StratoNet. Payment by check is due prior to the month in which the charges are incurred. You agree to maintain valid and current credit card information on file with StratoNet at all times. If purchasing Services through a reseller, the reseller must pay all amounts owing for your account. If the reseller fails to pay StratoNet any amounts due, whether or not you have paid the reseller, your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. Delinquent accounts may be suspended at StratoNet's sole discretion; however charges will continue to accrue until the account is canceled by you. StratoNet may bill an additional charge to reinstate a suspended account. 

7. YOUR ACCOUNT, PASSWORD AND SECURITY.

Upon registration, you will receive a username and password. You are solely responsible for use of the Service. You must keep your password confidential so that no one else may access the Services through your account. You must notify StratoNet immediately upon discovering any unauthorized use of your account. Any free Web site exceeding the allotted amount of disk space may be suspended until you reduce the disk space usage or purchase additional space. Any free Web site exceeding the allotted amount of bandwidth will be billed for excess traffic. Email, webspace and bandwidth limits are posted throughout our Web site at www.strato.net. These limits may also be obtained by calling 1-888-382-8503. StratoNet reserves the right to change limits at any time.

8. INSTALLATION.

StratoNet will provide you with a DSL kit containing a user guide, hardware, and software. If the relationship is terminated by either party (You or StratoNet) before the Activation Date or if the line is found to be unprovisionable, you must return the full kit with all of its original packaging to StratoNet. Contents of the kit may change from time to time. The installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all existing computer files. StratoNet and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation of an internal card (such as a Network Interface Card) or DSL modem. You acknowledge that this is a fixed-location service for one location only. Moving to another location will require the service to be reprovisioned at the new location. This may result in substantial interruption of the Service and will result in fees associated with cancellation and setting up a new account. Early termination charges will apply even if the cancellation is for reasons of a move to another location. STRATONET DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, STRATONET SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION. THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT. StratoNet will make its best effort to provide the Service. Because of the complex nature of high speed internet services, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, StratoNet may cancel the installation process and refund any money that you have paid. StratoNet will notify you of its intent to cancel as soon as reasonably possible. It may take 30, 60, 90 or more days to determine if StratoNet is able to provide service. StratoNet shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.

9. MONITORING THE SERVICES.

StratoNet has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if StratoNet, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its subscribers. Please see our Privacy Policy. StratoNet may immediately remove your material or information from StratoNet's servers, in whole or in part, which StratoNet, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.

10. DISCLAIMERS.

CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES, WHICH MAY BE PASSED THROUGH STRATONET TO YOU AT NO ADDITIONAL CHARGE. STRATONET WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE INTITIAL TERM, STRATONET OR ITS AGENT MAY REPLACE A DEFECTIVE MODEM OR GATEWAY ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER. THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF STRATONET'S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN STRATONET OR ITS CONTRACTOR. STRATONET RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STRATONET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. STRATONET MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH STRATONET OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY STRATONET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. STRATONET AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, STRATONET'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD. STRATONET SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF STRATONET, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST STRATONET IN CONTRACT, TORT OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

11. JURISDICTION.

All uses of this site, and all information contained herein, including, without limitation, any disputes arising under or related to this Agreement, shall be governed by and interpreted pursuant to the laws of the State of Florida and the United States of America. You further agree that jurisdiction and venue of any claims arising under or relating to this Agreement shall be exclusive in Highlands County, Florida or the U.S. District Court for the Middle District of Florida. You expressly agree to submit to jurisdiction and venue in Highlands County, Florida or the U.S. District Court for the Middle District of Florida, regardless of the location from which you access or use information or materials from this site. Accordingly, any claim or action arising under or relating to this Agreement may be brought only in Highlands County, Florida or the U.S. District Court for the Middle District of Florida, and the Parties agree to waive jurisdiction and venue in any other forum.

12. MISCELLANEOUS.

This Agreement, the Acceptable Use Policy, and StratoNet's other Agreements and policies posted on StratoNet's Web site constitute the entire agreement between you and StratoNet with respect to your use of the Service. StratoNet may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on StratoNet's Web site (www.strato.net) and/or on your start pages and/or by email and/or in our various publications and mailings to you.

Ver.08/03/2005