Ultranet Service Agreement Terms and Conditions
30 Day Satisfaction Guarantee and Cancellation Procedure
You may cancel your contract at any time within the first 30 days if you are not completely satisfied with the quality of your new CimpleNet service.
It is important that you understand that any cancellation made after this thirty (30) day period and before the initial term is reached will incur an early termination fee of $200.00.
Upon the expiration of the initial term of this agreement, this agreement shall automatically renew for successive terms of one month absent written notice from Subscriber (email to sales@Cimplenet.net is preferred or message us through our website: cimplenet.net) at least two weeks in advance of the current term’s expiration. Such notification is sufficient to cancel service. Be aware that cancelled accounts will be inactivated on the final day of the then current month. It is the subscriber’s responsibility to cancel before the next billing day. Once account is inactivated, no more charges will be produced. However, any outstanding charges including early termination fees will be collected immediately. Subscriber understands their responsibility for providing such payment, and grants permission to Ultranet LLC dba CimpleNet to charge payment method on file to collect these fees. In addition, nonreturned equipment fees may be added after the account is inactivated, see #16 below. Subscriber may include an alternate payment method at time of cancellation in addition to method(s) on file. If subscriber wishes to dispute any charges, they may do so by contacting management at support@cimplenet.net or calling (423) 581-2100 within sixty (60) days of such charges.
CimpleNet Service Agreement Terms and Conditions
1. By signing this Agreement and using the service, (1) you, the Subscriber, agree to abide by the SERVICE AGREEMENT TERMS AND CONDITIONS; (2) you are at least 18 years of age. This Agreement takes effect on the date on which service starts, and continues until your service is terminated. CimpleNet reserves the right to modify the Terms and Conditions, the Acceptable Use Policy, and this Service Agreement or pricing for the Service, and may discontinue or revise any or all other aspects of the Service in its sole discretion at any time by posting changes on our website, cimplenet.net. The current version can be found at cimplenet.net, clicking the Documents link, then clicking Cimplenet Terms and Conditions. Your continued use of the Service after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement.
2. The Service CimpleNet provides is access to the Internet. Actual Speeds vary based upon the following: amount of internet traffic, content on a website, the overall performance and configuration of your computer/network. Stated speeds and uninterrupted use of service are not guaranteed. Actual speeds may be slower than any listed speeds during peak hours. The term UNLIMITED is defined as unrestricted bandwidth for the selected plan up to 1TB of data in a 30-day period of time.
3. Installation and Service Conditions
3.1 Service Installation. CimpleNet shall be responsible for the professional installation of a directional antenna and associated equipment necessary to establish a wireless internet connection at the subscriber’s location. The subscriber understands and agrees that a continuous and clear line of sight between the installed antenna and a designated CimpleNet access point is essential for reliable service.
3.2 Service Interruptions. The subscriber acknowledges that the service may be subject to degradation or interruption due to factors beyond CimpleNet’s control, including but not limited to:
- Physical disturbances or tampering that cause antenna misalignment.
- The growth of foliage, vegetation, or other obstructions that impede the line of sight.
3.3 Subscriber Responsibility. The subscriber is solely responsible for addressing any service interruptions resulting from the growth of foliage or from issues related to subscriber-owned hardware or software.
3.4 Service Call and Associated Fees. The following charges are applicable for service calls requested by the subscriber:
- Equipment Reinstallation: A fee of $75.00 will be charged for the reinstallation of a service module requiring new cabling.
- Equipment Relocation: A fee of $35.00 will be charged for relocating equipment on the same property, provided no new cabling is required.
- Standard Service Call: Any service call not covered above will incur a minimum charge of $75.00, which includes the first 30 minutes of service. Each subsequent hour or portion thereof will be billed at a rate of $75.00 per hour.
- Missed Appointment Fee: A $50.00 fee will be charged for any scheduled service appointment that is not canceled by the subscriber prior to the technician’s arrival.
4. Subscriber is responsible for keeping Subscriber’s login passwords secure. Subscriber will be fully responsible for unauthorized use. CimpleNet will never contact you by any means to ask you for your password or other sensitive personal information.
5. E-mail and other electronic transmissions passing over the Internet and through the CimpleNet system are not confidential, as the Internet is a public access network. Therefore, CimpleNet cannot guarantee the protection or privacy of any information transmitted or received through its network. CimpleNet reserves the right to monitor Subscriber’s use as necessary to provide service and otherwise to protect the rights or property of CimpleNet. CimpleNet will not disclose any such information unless required to do so pursuant to a court order, subpoena, or similar legal request or otherwise, on the advice of counsel.
6. CimpleNet’s services are provided subject to the Service Agreement only. CimpleNet makes no warranties, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. CimpleNet shall not be liable for any loss or damages arising out of the use of or failure of its service. Subscriber agrees to indemnify and hold without harm CimpleNet, Ultranet LLC, its officers, employees, and other users from any and all claims, damages, expenses (including attorney’s and other legal fees) and liabilities resulting from any and all use of Subscriber’s account whether authorized or unauthorized. All information obtained over the internet through CimpleNet is used at subscriber’s own risk.
7. Attempts to gain unauthorized access to any other computer or computer systems are prohibited. Subscriber must agree to abide by all rules, regulations and policies of networks and computer systems accessed via CimpleNet. If Subscriber is unsure of those policies, it is Subscriber’s responsibility to obtain and read these policies. Access to any CimpleNet hardware is strictly prohibited. Any customer found attempting to access CimpleNet hardware including but not limited to: CPE service module(s), access points, and/or edge routers, will be cause for immediate discontinuation of service. Such customers will still be held liable for all service agreement charges to be paid immediately. In addition, the cost of repair for any damage to CimpleNet equipment, or its ability to provide service to other CimpleNet customers resulting from such malicious acts, will be charged to perpetrator.
8. The right to use CimpleNet’s service is not transferable by Subscriber. Accounts are for the use of Subscriber only. Subscriber is responsible for the confidentiality of Subscriber’s passwords. Customer must refrain from sharing WIFI passwords with anyone for use outside of customer’s service address. Those suspected of sharing service this way will be subject to additional charges.
9. Services provided to Subscriber through CimpleNet may only be used for lawful purposes. Transmission or storage of any data, information or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited. Subscriber may not, under any circumstances, use CimpleNet in an unlawful manner, including, but not limited to: (a) Posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, or pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, and (b) Intercepting or attempting to intercept e-mail; and (c) Uploading files that contain software or other material protected by copyright laws unless Subscriber owns or controls the rights thereto.
10. Subscriber must use best efforts to avoid interfering with any other person’s use and enjoyment of the Internet. Subscriber agrees to comply with the following system rules of CimpleNet. The following are strictly prohibited: (a) Any attempt to introduce viruses, worms, Trojan Horses, or any other destructive programs, or to deliberately crash or overload the server systems of CimpleNet or any other computer system accessed through CimpleNet; (b) Sending unsolicited mail messages (junk mail or “Spam”). This includes but is not limited to, mailing of commercial advertising, informational announcements, political announcements and religious information. Such material may only be sent to those who have explicitly requested it: (c) Forging any message header, in whole or part, of any electronic transmission, originating or passing through CimpleNet’s system. Additionally, all messages must contain a valid return address; (d) Posting or transmitting any fraudulent information. This means any information that Subscriber knows, or has reason to know, is false and that Subscriber intends for others to rely on; (e) Posting or transmitting any advertising or promotional materials that contains false, deceptive, or misleading statements, claims, or representations; (f) Impersonation of any person, communicating under a false name or a name that Subscriber is not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, Subscriber profiles, chat dialogue and message posting; (g) Use of mail list, list server or any form of auto-responder from a Subscriber’s account on CimpleNet’s servers; (h) User processes that run or are activated on CimpleNet’s servers while the user is not logged in: (i) Use of any device or software that would allow Subscriber’s account to stay logged on while Subscriber is not actively using CimpleNet services or use of the account for the purpose of operating a server of any type; (j) Interference with or attempting to interfere with service to any user, host, or network (“denial of service attacks”). This includes but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host: (k) Sending threatening or harassing e-mail (i.e. threatening physical injury or damage to persons or property); (l) Unauthorized reselling of CimpleNet services or solicitation of CimpleNet users to become subscribers of other online services competitive with CimpleNet. Failure to comply with system rules may result in immediate suspension or termination of Subscriber’s account.
11. BE AWARE that upon activation of account a first invoice will be created and emailed to subscriber for the remainder of that month plus any install fees (if applicable). If payment is not made in full by or on the nineteenth(19th) day after any invoice is issued, the subscriber’s account will be marked as delinquent and service will be inactivated on the twenty-first (21st) day. To have service reactivated, subscriber must pay all outstanding charges in addition to a $10 reactivation fee. All bills subsequent to the first invoice will be issued on and considered due on the first (1st) day of the month. As previously stated, if no payment has been made by the twentieth (20th) of the month, then service will be inactivated on the twenty-first (21st) day. Payment of outstanding charges and a $10 reactivation fee will be required to have service reactivated. The monthly charge for Subscriber is payable in advance. NOTE: Any checks should be made payable to our parent company: Ultranet LLC as found on any bill or invoice you may receive from either Ultranet LLC or Cimplenet, and should be mailed with enough time to arrive at the payment center on or before the 20th of the month. Subscribers that feel their payment may be delayed may call or email our offices at (423)581-2100 or support@cimplenet.net to notify of this delay. Such situations will be evaluated on a case-by-case basis.
12. No refunds or credits will be given for any problems identified as being with Subscriber’s computers, network equipment, software, or signal interference at Subscriber’s location. CimpleNet may, at its sole discretion, offer billing adjustments if it is determined that unreasonably long interruptions in service were due to problems with our network service.
13. Subscriber’s account may be immediately deactivated without notification at CimpleNet’s sole discretion for violation of terms and conditions, violation of the rules, or nonpayment of account charges. Any account deactivated will be subject to a $10 reactivation fee. Any deactivated account will be reactivated at the then current rate plan available.
14. If a credit or debit card or ACH draft is declined for any reason Subscriber services will be suspended until full payment has been made. In the event that payment is not made within 20 days, Subscriber shall be deemed to be in default on the Agreement and services will be terminated. In the event of termination for this or any other reason, any outstanding balance for non-returned equipment and future contracted payments will be due and payable immediately and will be subject to collection fees as allowed by law.
15. Subscriber is responsible for any and all reasonable charges and/or fees incurred, whether or not specifically covered by this agreement.
16. All equipment provided by CimpleNet shall remain the property of CimpleNet. If service is discontinued for any reason, CimpleNet will attempt to schedule an equipment retrieval date with Subscriber. If Subscriber does not allow access to the equipment, Subscriber will be held liable for the equipment charges. Subscriber will be charged the MSRP value of the equipment and any unpaid subscriber fees using the method of payment used to secure the account or used to pay monthly subscription fees. Subscriber hereby grants CimpleNet access to its equipment at any reasonable time for the purpose of examining or removing it. If we have attempted to contact you by phone or email without success, and you do not own the property on which the service is provided, we will contact the owner of said property to inform them that we need access to our equipment, and work with them to do so.
17. The Parties agree that each provision of this Agreement is severable and the invalidity or unenforceability of any one or more of the provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
I, subscriber, am aware and agree that any amount due, including early termination fees, may be immediately charged to the payment method on file upon closing my account. If I wish to make payment by a different manner, it is my responsibility to inform CimpleNet, to make payment arrangements, and to make such payments until the total amount due is paid. Such arrangement must be made at the time of closing my account.
I, subscriber, have read and understand the Terms and Conditions of my Service Agreement.