1. TERMS OF SERVICE
These Terms govern the supply of our Services and any modem or other equipment you buy from us. Your use of our Service including eMail will also be governed by our Acceptable Use Policy (AUP).
Your use of our Services, which are described in 2 and 3 below, indicates your acceptance of these Terms, and has the same force and effect as if you had actually signed these Terms. You are not entitled to open an account for activation of our Services unless you are at least 18 years old.
2. DEFINITIONS AND LEGAL INFORMATION
In these Terms: 'you' and 'your' mean the customer; we, our and us mean Dark Horse Networks, LLC; and our Services means the provision of high speed wireless internet and broadband services we have agreed to provide to you under the plan you have chosen.
Our Services use new, zero-install, non-line-of-sight wireless technology, providing high speed wireless internet and broadband access to you up to the speed specified in your nominated plan. Details of each plan are available on our web site.
We will provide our Services to you in accordance with these Terms, using reasonable skill and care. We will also ensure that the Services do everything we say they will do as far as it is reasonably within our power to do so.
Our Services include Anti-Spam technology to protect you from unwanted SPAM emails in any email account that we provide to you. In addition to this our system will also scan all messages for viruses or other "mal ware" and will remove anything it flags as infected. .
Residential internet plans are pre-paid and are offered in either monthly or annual pre-paid terms. Business internet plans are offered only in a yearly term but can be invoiced either monthly or annually. All internet plans automatically renew for subsequent terms unless cancelled in writing per our TERMINATION OF SERVICES in section 14.
4. SERVICE AVAILABILITY
We try to make our Services available to you within our network area at all times, but sometimes availability and speed are affected by factors outside our control. For this reason we can't guarantee that our Services will be available to you at all times; or that speeds won't vary from time to time. It may also be necessary to interrupt our Services occasionally in order to upgrade or maintain them. Should we need to interrupt our Services we will:
- whenever possible conduct maintenance or upgrades between 1AM and 6AM Eastern Standard Time.
- if possible tell you in advance (via email or our web site) if our Services will be unavailable due to maintenance or any other foreseeable reason.
- restore disrupted Services as soon as possible.
5. IP ADDRESS
With your service, you will be allocated one (1) public, routable IP address. If you wish to connect multiple computers to our network you must use a router or other NAT device. In addition to this, having a public IP address means you are responsible for protecting your own computer. We recommend all computers connected to our network have adequate anti-virus and firewall tools installed.
To access our Services you will need our wireless broadband modem, which will be provided to you as part of our services. This modem:
- Will only work on the Dark Horse Wireless Network. Attempting to move our modem to another wireless network will not work.
- Will remain the property of Dark Horse Networks, any damage to the modem is the responsibility of the customer and you will be billed for a replacement. (See Modem Failure below)
- Will have its software upgraded on a regular basis by our system administrators, because of this we ask that you leave your modem turned on at all times. We are not responsible for modem failure, or service interruption due to our inability to perform necessary upgrades.
- Must be returned to Dark Horse Networks upon termination of services. Failure to do so within 15 days will result in a $50 late fee being assessed. Failure to return the modem after 30 days will be viewed as theft and you will be billed for the full value of the modem ($250)
7. AREAS BEYOND OUR REASONABLE CONTROL
We want to give you the best service possible, but some things are beyond our control and we can't accept responsibility for them. We are not responsible for any Services failure which occurs:
- due to fault with anything we have not supplied to you, such as your own computer
- because you do not use the Services correctly
- because you do not setup your modem correctly as per our instructions
- because you do not leave your modem on to accept upgrades.
because of anything else outside of our reasonable control
8. MODEM FAILURE
Dark Horse modems are covered under normal warranty in the event of failure, will be replaced to you at no charge. However there are some causes of failure that are not covered under normal warranty:
- any abuse, misuse, neglect, mishandling or misapplication; any accident
by you or a third party; any improper maintenance or service, including
opening of the modem case by anyone but our authorized technicians or
connection to external antennas that are not approved by us; or any
unusual hazards affecting the modem or failure to provide a suitable
environment for the modem (including for example exposure to excessive
humidity, heat, cold, dust, food, liquids, magnetic or electromagnetic
interference, or incorrect power voltage)
- electrical supply problems (i.e. lightning strikes) or power problems resulting from misuse
- natural disasters (including for example floods, lightning and fire),
acts of terrorism, or any other cause beyond our reasonable control.
9. SYSTEM COMPATIBILITY
We have tried to make our network compatible with as many computer products and software packages as possible, however, some configurations may have unforeseen incompatibilities and we are not responsible for these. Our general system requirements can be viewed on our web site.
You are responsible for maintaining a basic level of security on your computer against computer viruses and other possible security problems. We may suspend your service without notice if the security of your service has been breached and there is a possibility that this breach may impact or interfere with the Dark Horse Network in any way.
It is not our responsibility to provide assistance or service continuity if your computer has been affected by a virus, or a virus has been introduced to our network from your computer.
We will email invoices to your nominated email address. If you believe there is a mistake in your invoice, please inform us as soon as possible and we will investigate your query.
You must provide us with and maintain accurate credit card details. You agree that:
- We will invoice you monthly until termination on approximately the same day each month following your commencement of the Services, a few days before the charges on the invoice fall due; and we will automatically charge the invoiced amount to your nominated credit card on your monthly billing date. This invoiced amount will include monthly charges for service, and charges for any additional features purchased. It will also include any ancillary charges incurred by you in advance of your invoice being issued.
- We are entitled to charge your credit card at or after termination for any outstanding fees you may owe us, including any applicable termination fees.
If your credit card is declined, we may suspend your access to the Services. Unfortunately we will not know if your card will be declined in advance of the due billing date, so we will be unable to warn you of suspension. If your account is suspended for this reason, you will be automatically redirected to a special web page which will explain how to have the suspension lifted. If charges continue to remain outstanding, we may terminate your use of the Services. If we terminate your Services, you may be required to pay a cancellation fee if your termination date is before the end of your agreed contract term. If you revoke authorization to charge your card, or if for any reason your card issuer does not pay us, you are still required to pay us the invoiced amount on or before the due date, or you will be in default. You will just have to pay us another way.
If payments due to be made by you are delayed, we reserve the right to charge interest or a late fee. If you fail to pay on time for two consecutive months, we reserve the right to require you to pay two (2) months in advance . If we have to chase you for payment we will charge any costs we reasonably incur in doing so.
All communications regarding billing, updates, and network status will be sent via eMail. All messages will be sent by email to the primary email address on your account. You will be deemed to have received a notice at the time the email is sent.
14. TERMINATION OF SERVICES
If you wish to terminate services with Dark Horse Networks, you must request so in writing via eMail or U.S. Postal Service. We must receive your termination request no less than 7 days before your next term renewal date. If you request termination within 7 days of your term renewal date, you will be charged for the next term of your agreement.
Once you terminate your service with us, you must immediately return your modem to us. Our equipment return policies are under section 6. EQUIPMENT.
Upon termination, you are responsible to immediately pay all balances owed to Dark Horse Networks. Termination of services does not exclude you from the Terms and Conditions as well as our AUP.
If you have any questions or concerns regarding our policy, please contact us.