READ THIS AGREEMENT CAREFULLY BEFORE USING ANY SKYTECH COMM LLC SERVICES. BY USING OUR SERVICE, YOU HAVE AGREED TO THE TERMS AND CONDITION AS STATED BELOW
Effective as of November 1, 2021 until replaced
1.INTRODUCTION AND AGREEMENT OF TERMS
Skytech Comm LLC DBA Skytech Wireless, provides its Internet services, as they may exist from time to time (“Services”), to users who pay a monthly service fee to subscribe to the Services (“Members”) as well as to those who access some of our Services but do not have accounts (“Visitors”). 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.
2.SUBSCRIPTION REQUIREMENTS FOR INSTALL AND SERVICE ACCESS
Members must be at least 18 years old. Service, “Coverage Area”, is available in certain areas. Current prices for Skytech Comm LLC, Services are posted throughout our website at http://www.stwisp.com These rates may also be obtained by calling (361) 384-0609. Skytech Comm LLC. reserves the right to change prices and institute new fees at any time without notice.
(a) Access and Installation. You will provide SKYECH COMM LLC and its installers with reasonable access to your premises in order to install your Service, SKYTECH COMM LLC, premise equipment and your (customer provided) wireless router; and you authorize any other adult resident or guest at your residence to grant access to your premises for these purposes. Additionally, if you request or contract for repair or replacement of premise equipment ("Service Callout"), then as part of that request or contract you also grant access to your premises for that purpose. You understand and agree that, as part of any such installation or Service Callout, SKYTECH COMM LLC may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, roofs, and/or other surfaces) in order to install, maintain, or repair your Service and your Equipment. If you do not own your premises or your unit is part of a multi-tenant environment (e.g., an apartment building, condominium, or private subdivision), you warrant that you have obtained permission from any necessary party, including, but not limited to, the owner, landlord, or building manager, to allow SKYTECH COMM LLC, and its trained installers reasonable access to install your Service and your Equipment, or perform any Repair Service, and to make any alterations that SKYTECH COMM LLC, deems appropriate for the installation or Service Callout, requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
(b) SKYTECH COMM LLC, and its employees are not liable for any costs or damages arising directly or indirectly from the installation of our premise equipment due to unforeseen circumstance comprising the install, (i.e. hail, high winds, lightning, tropical storms, hurricanes etc.). All equipment is installed by a SKYTECH COMM LLC., trained installer using certified equipment and techniques.
(c) Equipment. The phrase "Equipment" is used to refer to both SKYTECH COMM LLC premise equipment and customer owned wireless router, unless specified otherwise. By "Premise Equipment," we mean the receiving antenna dish, mounting arm, mast, tripod, hardware, and/or cabling, and/or any other equipment you own and use as part of your SKYTECH COMM LLC Service. The Wireless Router is provided and owned by you the customer and you should not return them to SKYTECH COMM LLC.
3.PAYMENT OBLIGATIONS OF A MEMBER
(a) Members must (i) provide Skytech Comm LLC. with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to Skytech Comm LLC. all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account.
(b) Members having questions regarding charges to an account should contact Skytech Comm LLC Customer Service Department at (361) 384-0609. 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.
(c) Charges are billed to Members’ credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. Skytech Comm LLC. is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Skytech Comm LLC.
(d) If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan. Automatic Billing occurs on the 1st of each month. A completed Credit Card Authorization form is required to access this feature.
(e) If you purchase Services through a reseller who in turns pays Skytech Comm LLC., the reseller must pay all amounts owing for your account. If the reseller fails to pay Skytech Comm LLC. 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.
(f) Delinquent accounts may be suspended or canceled at Skytech Comm LLC sole discretion; however, charges will continue to accrue until the account is canceled and equipment is returned to Skytech Comm LLC. Skytech Comm LLC. may bill an additional charge to reinstate a suspended account.
(g) Skytech Comm LLC. may charge for taxes and other applicable fees.
(h) Upon cancelation/discontinuation of services equipment must be returned in working order or a charge of up to $500.00 will be issued to cover replacement costs.
(i) Any refunds due will be issued within thirty days of termination or equipment pickup.
(j) Home Networks are allowed but limited to ONLY the Subscriber Module Addressed location.
(k) Service is provided on a per dwelling basis. Any resale or distribution of services beyond the limits of the customer dwelling by any means is monitored and strictly forbidden. Violation of this clause is grounds for immediate service termination and subject to reimbursement of stolen services and property of Skytech Comm LLC.
(l) Illegal activity, illegal downloads, copy right infringements, etc. is strictly prohibited and cause for immediate termination of services. You the subscriber are responsible for all internet traffic accessed through you assigned IP address, static or leased.
(m) A $10.00 Late Fee will be applied to all accounts 10 calendar days past due.
(n) A $20.00 Suspension Fee will be applied to all accounts 20 calendar days past due and services suspended.
(o) Accounts 30 or more calendar days past due will be deemed abandoned and subject to disconnection of service and past dues fee of services to be collected prior to reinstallation and reinstatement of services.
(p) Installation fees are non-negotiable and non-refundable once entered into an agreement at Skytech Comm LLC as stated.
4.MEMBER'S ACCOUNT, PASSWORD, AND SECURITY
You and members of your household or business, if you have purchased a business account, are the only authorized users of your Skytech Comm LLC. account and must comply with this Agreement. You must keep all passwords confidential so that no one else may access the Services through your account. You must notify Skytech Comm LLC. immediately upon discovering any unauthorized use of your account. Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, web hosting etc.) is prohibited. Email accounts exceeding the Member's allotted email space may, at Skytech Comm LLC discretion, be transferred to a compressed temporary file or storage. Skytech Comm LLC. may delete the temporary file from the server 60 days after notifying you. Any free Web site exceeding the amount of space allotted to such Member may be suspended until the Member reduces the disk space usage to the amount of space allotted or less or purchases additional megabytes. Any free Web site exceeding the traffic limits for such Member will be billed for excess traffic. You may establish a commercial or high-volume account by calling (361) 384-0609 Usernames, passwords and email addresses are Skytech Comm LLC property and Skytech Comm LLC may alter or replace them at any time.
5.MONITORING THE SERVICES
6.DISCLAIMER OF WARRANTIES and LIMITATION OF OUR LIABILITY
(a) EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY SKYTECH COMM, L.L.C., SKYTECH COMM LLC, L.L.C. 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. SKYTECH COMM LLC, L.L.C. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY 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.
(b) THE SERVICES PROVIDED ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SKYTECH COMM LLC, L.L.C. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR- FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SKYTECH COMM LLC, L.L.C. 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 SKYTECH COMM LLC, L.L.C. OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY SKYTECH COMM LLC, L.L.C. OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
(c) SERVICE INTERRUPTIONS. SERVICE MAY BE INTERRUPTED FROM TIME TO TIME FOR A VARIETY OF REASONS. WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE THAT OCCUR DUE TO ACTS OF GOD, POWER FAILURE OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.
(d) WARRANTY DISCLAIMER. EXCEPT AS PROVIDED HEREIN, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ANY SERVICE OR YOUR EQUIPMENT, WHICH IS PROVIDED TO YOU AS IS AND WITH ALL FAULTS. ALL SUCH WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EQUIPMENT.
(e) LIMITATIONS OF LIABILITY. SKYTECH COMM LLC, AND ITS EMPLOYEES ARE NOT LIABLE OR RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THE EQUIPMENT, INSTALLATION OR THE SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE. ALL EQUIPMENT IS INSTALLED BY A TRAINED INSTALLER USING CERTIFIED EQUIPMENT AND TECHNIQUES.
7.WEB SITE USAGE
Our site on the World Wide Web with its home pages in the domain “stwsip.com”, or any other site operated by Skytech Comm LLC (the "Web site") is a complimentary information service offered by Skytech Comm LLC 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 that has an address (or URL), which does not contain ‘www.stwisp.com”, is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Skytech Comm LLC. 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 "Skytech Comm LLC.",
(b) The link must "point" to the URL "http://www.stwisp.com" 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 Skytech Comm LLC.
(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.
(f) Skytech Comm LLC may, in its sole discretion, revoke consent to link to our website at any time. Skytech Comm LLC must approve all other hypertext links to the Web site in writing.
Texas: The Office of Consumer Credit Commissioner (OCCC) is located at: 2601 N. Lamar Blvd., Austin, Texas 78705. Direct general inquiries to 512.936.7600 or to email@example.com. Toll-free Consumer Help line number is 800.538.1579.
9.TERM OF AGREEMENT
TERM OF THIS AGREEMENT IS BASED ON THE CONTRACT TERM FROM INSTALLATION DATE. THEREAFTER, CONTINUED USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT AND IN ACCORD WITH POSTED MONTHLY RATES. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY RELATED TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND, IF YOU ARE A MEMBER, TO TERMINATE YOUR ACCOUNT. 9.1 INSTALLATION NOTICE DURING THE PROCESS OF INSTALLATION, ACCESS MAY BE NEEDED TO ATTIC AND WALL SPACES. IF DURING THE COURSE OF INSTALLATION DAMAGE IS CAUSED AS A DIRECT RESULT OF OUR INSTALLATION PROCESS, SKYTECH COMM LLC, L.L.C. WILL MAKE REASONABLE EFFORTS TO REPAIR SUCH DAMAGE IN A TIMELY MANNER. SKYTECH COMM LLC, L.L.C. IS NOT RESPONSIBLE FOR PREEXISTING DAMAGE AND WILL ONLY MAKE REPAIRS TO DAMAGE DIRECTLY CAUSED BY OUR PROCESS.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to Skytech Comm LLC by:
Telephone calls directed to Accounts- Customer Service at (361) 384-0609
TERMINATION IS SUBJECT TO AN EQUIPMENT FEE NOTED IN SECTION 3h
Email termination of your basic Internet access account will not be accepted. To terminate service, you must call (361) 384-0609. Your termination will only be complete upon the retrieval of Skytech Comm LLC premise equipment. Charges to your account will stop accruing the day Skytech Comm LLC provides you with confirmation of cancellation. Based on your billing cycle, charges accrued prior to your, equipment fees may apply after you receive a cancellation confirmation of all premise equipment is not received intact. Email cancellation requests will not be accepted. If your account included space on Skytech Comm LLC servers, anything stored on this space will be deleted upon termination. Without prior notice, Skytech Comm LLC may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Skytech Comm LLC, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, any of the applicable user policies, or if you fail to pay any charges when due. Our Acceptable Use Policy and all applicable user policies are posted at www.stwisp.com. Skytech Comm LLC. may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services.