Byhalia.net Internet Service Agreement
Read this Internet Service Agreement Carefully before using our Internet Services.
Byhalia.net provides its internet services (Services), to users who pay a monthly service fee to subscribe to the Services (Members). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable use Policy and other policies. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10.
In order to receive the Service:
• You must be at least 18 years old.
• You must provide a computer or other devices that are able to use the Service, including wireless router.
• The Service must be available at your location at an elevation equal to or less than your roof height or at an elevation equal to or less than the height of a tower supplied at your expense. Current prices for services may be posted throughout our website at https://www.byhalia.net. These rates may also be obtained by calling (937) 982-3800. Byhalia.net reserves the right to change prices and institute new fees at any time upon 30 days prior notice.
The Service includes:
• One internet access point via Byhalia.net Radio Equipment
• One Private IP address (Public IP’s have additional monthly cost separate from Service Plans)
The Service speed can vary depending on location, internet traffic, and other factors beyond the control of Byhalia.net. Byhalia.net provides the Service on a “best effort” standard and does not guarantee upload or download speeds. The Internet Service is available under this agreement after the Activation Date and end upon Termination.
Payment Obligations of a Member
• Members must (1) provide Byhalia.net with accurate and complete billing information including legal name, address, telephone number and credit card information (where applicable), and (2) report to Byhalia.net all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.
• Members having questions regarding charges to an account should contact Byhalia.net at (937) 982-3800. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
• Charges which are billed Members’ credit cards or debit cards, as applicable, each month for the Service and any additional services. Byhalia.net is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Byhalia.net.
• Delinquent accounts may be suspended or cancelled at Byhalia.net’s sole discretion. However, charges will continue to accrue until the account is cancelled. Byhalia.net may bill an additional charge of $40.00 to reinstate a suspended account.
• Byhalia.net may charge for taxes and other applicable fees. Overdraft fees incurred to Byhalia.net due to customer bank errors, Byhalia.net will be reimbursed by the customer accordingly.
Member’s Account, Password and Security.
Using a personal account for high volume or commercial use (e.g. revenue generation, advertising, etc.) is prohibited.
Byhalia Email accounts exceeding the Member’s allotted email space may, at Byhalia.net’s discretion, be transferred to a compressed temporary file or storage. Byhalia.net may delete the temporary file from the server 60 days after notifying you.
Members agree not to provide any public information services over a wireless connection. Usernames, passwords and email addresses are Byhalia.net property and Byhalia.net may alter or replace them at any time. You must notify Byhalia.net immediately upon discovering any unauthorized use of your account.
Monitoring the Services
Disclaimer of Warranties and Limitation of Liability
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY INDENTIFIED AS BEING OFFERED BY BYHALIA.NET. BYHALIA.NET DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. BYHALIA.NET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBLILITY FOR SUCH MATERIALS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING 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. BYHALIA.NET 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 THRID PARTY.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BYHALIA.NET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFL COMPONENTS. BYHALIA.NET 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 BYHALIA.NET OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY BYHALIA.NET OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. BYHALIA.NET AND ITS 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, BYHALIA.NET’S CUMULATIVE LIABILITY TO ANY MEMBER 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.
Limitation of Liability. The total liability of Byhalia.net to Customer in connection with this Agreement, for any and all causes of actions and claims, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts, shall be limited to the amount paid for the Service by Customer to Byhalia.net under this Agreement for the one month period prior to accrual of the most recent cause of action. IN NO EVENT SHALL Byhalia.net BE LIABLE FOR SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR OTHER BENEFIT WHETHER BY TORT, CONTRACT, OR OTHERWISE.
1. Force Majeure. Neither party is liable for any failure of performance if such failure is due to any cause or causes beyond such party’s reasonable control, including without limitation, acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, labor difficulties and supplier failures. Customer’s invocation of this clause shall not relieve Customer of its obligation to pay for any services actually received. In the event such failure continues for 60 days, either party may terminate the affected portion of the Services.
2. Assumption of Risk. Customer recognizes that the use of the Network and the System Equipment shall be at its own risk, and therefore, expressly assumes any risk arising from the exercise of any rights, privileges or obligations identified herein.
Customer agrees to indemnify, defend and hold harmless Byhalia.net and its partners, officers, directors, employees, agents and other representatives of Byhalia.net from all losses or damages arising from Customer’s breach of this Agreement, violation of any third party intellectual property right, all claims of any kind by Customer’s end users, or any act or omission of Customer in connection with any Services provided hereunder. Byhalia.net agrees to indemnify, defend and hold harmless Customer from all losses or damages arising from or related to personal injury or property damages caused by the negligence or willful misconduct of Byhalia.net.
Web Site Usage
Our site on the World Wide Web with its home pages in the domain “Byhalia.net” or any other site operated by Byhalia.net (the “Web site”) is a complimentary information service offered by Byhalia.net at no charge to users. We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain “Byhalia.net” is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Byhalia.net of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site. You may provide a hypertext link to our Web site on another Web site, provided that (a) the link must be clearly marked “Byhalia.net”, (b) the link must “point” to the URL “http://www.byhalia.net” and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Byhalia.net , (e) the link, when activated by a user, must display this Web site full-screen and not within a “frame” on the linked Web site, and (f) Byhalia.net may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by Byhalia.net.
Term of Agreement
Continued use of the Services constitutes acceptance of this agreement and any future versions. If you are dissatisfied with the Services of any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate you account.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to Byhalia.net by:
• US Mail, return receipt requested addressed to Byhalia.net PO Box 242, Mt. victory, OH 44340
• Telephone calls to (937) 982-3800
• Email to firstname.lastname@example.org
Cancellation will be effective at the end of the current billing period in which notice of cancellation is received. Upon cancellation, email service will be terminated and all files stored on Byhalia.net servers will be deleted. Without prior notice, Byhalia.net may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation if Byhalia.net, in its sole discretion, believes you have violated this Agreement, our Acceptable use Policy, or any of the applicable user policies, or if you fail to pay any charges to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
Sections 4, 5, and 7 of these Agreements shall survive termination of this Agreement.
Unless purchased, any equipment provided to you will remain the property of Byhalia.net. If your computer does not have a networking card (“Ethernet”), you will be responsible for purchase and installation at your expense. The installation may result in a service outage or damage to your computer. You are solely responsible for backing up all of your existing computer files and data. Byhalia.net 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 impact to or loss of any warranty associated with the opening of your computer for installation of an internal card. The Service may require the installation of hardware (e.g., tripod, eave mount) that requires fastening to your home. Byhalia.net and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to your dwelling. If you are not the owner of the premises upon which Equipment is to be installed, you warrant that you have obtained the consent of the owner of the premises for Byhalia.net personnel and/or its agents to enter the premises for the purposes described above. You shall indemnify and hold Byhalia.net harmless from and against any claims of the owner of the premises arising out of the performance of the Agreement.
Byhalia.net will make its best effort to provide the Service. Because of the complex nature of wireless services, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, Byhalia.net may cancel the installation process or service at any time. Byhalia.net will notify you if its intent to cancel as soon as reasonably possible. Byhalia.net shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service. If you move to a new residence and have Byhalia.net provide removal and re-installation of the equipment, you will be charged for this service.
Equipment and Warranty
Unless purchased, Byhalia.net is providing equipment to you for your use of the Service. Failure to return the equipment to Byhalia.net within 30 days of terminating the service will result in a charge for the full purchase price of the equipment. Byhalia.net, in its discretion, may replace equipment due to manufacturer’s defect at no cost to you. Byhalia.net will not be responsible for any equipment, other than equipment owed by Byhalia.net, damaged by any naturally occurring event such as lightening, flood, earthquake or other events out of Byhalia.net control such as fire, power surges, or the acts of others.
This Agreement, the Acceptable Use Policy, and Byhalia.net other user policies posted on Byhalia.net web site constitute the entire agreement between you and Byhalia.net with respect to your use of the Services. In the event that any provision of the Agreement is found to be invalid or unenforceable, the remainder of the agreement will remain valid and shall be enforced according to its terms.
Byhalia.net may revise, amend or modify this agreement, the Acceptable Use Policy and other user policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on Byhalia.net Web Site (https://www.byhalia.net) and/or by email and/or in our various publications and mailings to Members.