WorldConnX DSL Agreement Terms and Conditions
The Terms of Service in this Agreement (the “Agreement”) are entered into by and between the subscriber (“you,” “your” or “Subscriber”) and WorldConnX, Inc. (“WorldConnX, Inc.,” “us” or “we”). You are deemed to have accepted this Agreement upon the earliest of: (a) your submission of an order; (b) your accepting the terms and conditions electronically during the ordering process; or (c) your use of the Service (as defined herein). This Agreement shall be on a month-to-month basis unless Subscriber pays annually. For annual Subscribers, termination by the Subscriber by request or for nonpayment before the one year initial term has expired will result in an early disconnect fee of $200
All reference herein to "service" and /or "equipment” shall mean the service and/or equipment referenced above in the "Service Plan" and "Equipment Information" portion of this Agreement.
By using the equipment and services provided by WORLDCONNX, the subscriber agrees to the terms and conditions stated in this document.
WORLDCONNX shall provide communication service to Subscriber as set forth in this Agreement.
Prices charged by WORLDCONNX, for service rendered pursuant to this Agreement, are subject to change without notice, at any time during the term of this Agreement- including the initial term hereof.
WorldConnX, Inc. will provide you with dedicated access to the Internet, subject to the terms and conditions set forth herein (the “Service”). Speeds on the various plans will vary depending on many factors, including but not limited to distance from the local service provider’s central office, internet congestion, upload and download speed of your destination server. Service is provided in conjunction with a circuit provider, which may be your local phone company. The circuit provider retains the right to cancel the service before or after installation at their sole discretion at any time. Although pre-qualification provides a good measure of certainty regarding service availability, it is not a guarantee of service. We recommend waiting until service is installed and tested for a few weeks before assuming that service will be available and of good quality.
Speed rate depends upon the Subscriber’s Plan and line capabilities (e.g., loop length, line condition, gauge of copper wire and Phone Company provisioning). The maximum speed for ADSL is stated under optimal conditions and may vary significantly. Speeds are subject to a 20% overhead (e.g., 768k stated speed = 768k times 80% throughput = 614k actual speed). Minimum speeds are offered for a AT&T Subscriber and are based on the package’s listed minimum speed minus 20% overhead (e.g., 384-1500k/128-256k stated speed = 384k times 80% throughput = 307k actual speed.) Actual speeds that fit the 80% of the minimum throughput criteria are considered acceptable. A Verizon, Covad or Qwest Subscriber has no minimum speeds. All Services are provided on an AS IS basis and throughput speeds are not guaranteed.
WORLDCONNX shall supply Subscriber with the communication equipment listed herein. However, prior to the supply and/or installation of said equipment, Subscriber shall pay the one time installation fee and lease payment for said equipment.
Subscriber shall use the equipment and services provided hereunder in a manner that complies with all laws, codes, and regulations relating to the possession, operation, or use of said equipment and services.
Subscriber shall not program any of the equipment, or alter the electronic serial number in any way, and any such act shall be deemed to be a breach of this contract, and fraud, and shall result in immediate termination, without notice, of this Agreement.
This Agreement constitutes a lease or bailment of the equipment referenced herein, and not a sale, or the creation of a security interest. The Subscriber shall not have or at any time acquire any right, title or interest in the property except the right of possession and use as provided in the Agreement. WORLDCONNX shall at all times be the sole owner of said equipment.
Subscriber shall assume all obligations and liability with respect to the possession of the equipment, and for its use, operation, maintenance, condition and storage during the term of this Agreement. WORLDCONNX shall provide service, maintenance, repairs or parts for the equipment. If the equipment is rendered unusable because of misuse by the subscriber, or the subscriber fails to return the equipment no longer being used, the subscriber will be required to pay $99.90 for the replacement of the equipment.
Upon the expiration, or earlier termination of this Agreement, Subscriber shall forthwith deliver to WORLDCONNX, at a place specified by WORLDCONNX, the equipment referenced herein, in good condition, normal wear and tear exempted.
Subscriber promises to pay WORLDCONNX, on a monthly basis, all charges for service. All such payments shall be due and payable by the first of the month, if not paid by the first, access is shut off. Reinstatement of service is subject to a reconnection fee. Subscriber waives any right of offset regarding payments due hereunder. A cancellation request must be received 30 days prior to the requested cancellation date. Customers requesting a cancellation in less than thirty days of the cancellation date will be billed for the thirty days prior to the cancellation. Customers failing to notify WORLDCONNX of cancellation will be required to pay the normal monthly fee until service is shut off for non-payment or until customer notifies WORLDCONNX.
If Subscriber fails to make any required payment when due; defaults on any of the terms and conditions of this Agreement; gives WORLDCONNX any false or misleading credit information at any time, or misrepresents their identity at any time; or if WORLDCONNX in good faith, deems itself insecure for any reason; then, in any such event, WORLDCONNX, at its option, may immediately terminate this Agreement and all sums owing by Subscriber to WORLDCONNX, in addition to service charges for the unexpired initial term of this agreement, shall be immediately due and payable without demand or notice, both of which subscriber waives. In addition, WORLDCONNX shall have the right to repossess the equipment without legal process, free of all rights of the Subscriber in and to said equipment. Subscriber authorizes WORLDCONNX, or WORLDCONNX's agent to enter upon any premises where the equipment is located and repossess and remove it. Subscriber specifically waives any right of action Subscriber might otherwise have arising out of said entry and repossession, and releases WORLDCONNX of any claim for trespass or damage caused by reason of entry, repossession or removal. WORLDCONNX shall also be entitled to recovery of attorney fees expended as a result of the exercise of its remedies hereunder.
A default by Subscriber of any of the terms and conditions of this Agreement shall constitute an event of default with respect to all Internet contracts in effect between Subscribe and WORLDCONNX; and, upon such event, WORLDCONNX shall be entitled to exercise any and all remedies available in this Agreement and in such other agreements.
IF THIS AGREEMENT IS TERMINATE, FOR ANY REASON, PRIOR TO THE INITIAL TERM HEREOF, THEN SUBSCRIBER AGREES TO PAY WORLDCONNX THE SUM OF TWO HUNDRED DOLLARS ($200.00) AS LIQUIDATED DAMAGES. THIS LIQUIDATED DAMAGE PROVISION IS IN ADDITION TO, AND NOT IN SUBSTITUTION OF, ANY OF THE RIGHTS AND/OR REMEDIES AVAILABLE TO WORLDCONNX REFERENCED HEREIN
If the Subscriber is a Corporation, Partnership, Limited Liability or Sole Proprietor then the individual signing on behalf of Subscriber personally guarantees to WORLDCONNX, all sums due and owing by Subscriber hereunder.
All remedies provided in this Agreement are cumulative. In addition to the rights referred to therein, WORLDCONNX shall have all rights and remedies provided by law with respect to Subscriber's default.
Subscriber promises to pay an additional charge of $35.00 per item for any dishonored check or other instrument given for payment on this Agreement.
The failure of WORLDCONNX to insist upon strict performance by Subscriber any provisions of this Agreement or to exercise any option or right herein conferred shall not be deemed as a waiver or relinquishment of any such provision, option or rights, unless such relinquishment or waiver is in writing, signed by WORLDCONNX.
All notice required or permitted to be given hereunder, may be given in writing by ordinary US mail and addressed to the party for which notice is intended at the address listed herein, or at such other addresses as either party may hereinafter designate by notice to the other. Notice to the Subscriber is effective when sent. Notice to WORLDCONNX is effective when received.
This Agreement is in addition to any agreement or contract the Subscriber currently has with WORLDCONNX for any other Internet services and shall not void or in any way alter any provisions of any existing contracts or agreements with the Subscriber or their agents. This agreement includes the terms and conditions of WORLDCONNX Internet Subscriber use located at www.worldconnx.net/tac.php.
Subscriber shall indemnify WORLDCONNX against, and shall hold WORLDCONNX harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney fees, arising out of, or in connection with, the possession, operations, use, or supply of the equipment and services which are the subject of this Agreement, including, but not limited to loss, injury or damage, consequential or otherwise, resulting from mistakes, omissions, interruption of service or delays in the transmission of any message or signal, or from any incident involving the equipment.
Subscriber consents to the obtainment by WORLDCONNX of any and all personal credit an/or financial information pertaining to Subscriber and hereby consents to WORLDCONNX's use thereof. Subscriber agrees to release, hold harmless, indemnify and forever discharge WORLDCONNX for and against any claim made as a result of the use, dissemination, and/or obtainment of said credit information.
This document contains the entire Agreement between the parties and no representations, promises, provisions, terms, warranties, conditions, or obligations whatsoever, expressed or implied, other than herein set forth shall be binding upon WORLDCONNX. This Agreement shall be construed under and in accordance with the laws of the Commonwealth of Pennsylvania. If any one or more of the provisions contained herein shall be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
This Agreement, the equipment/service referenced herein and the rights and obligations hereunder may not be assigned by Subscriber. However, WORLDCONNX may assign this Agreement without notice.
WORLDCONNX has the right to changes the terms and conditions of this Agreement without notice. Please refer to http://www.worldconnx.net/dsl_tac.php for changes.
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