1.1.1 Residential / Non-Commercial Terms of Service

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Introduction

This agreement sets forth the terms and conditions under which Wicked Broadband agrees to provide internet access to the undersigned Lawrence citizen (user).  The user warrants that they are at least 18 years of age, and agrees to abide by the terms of the agreement, as well as requiring anyone else accessing the network through the user's Wicked Broadband access point to also abide by the terms of service.  This agreement will take effect upon acceptance by the user and will continue until the service is terminated.  Continued use of the service will also be considered as acceptance of this agreement.  The terms of service may change at any time, and Wicked Broadband will attempt to notify users if there are any changes.

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Network Management

Wicked Broadband reserves the right to manage the network for the greatest benefit of the greatest number of users.  Wicked Broadband reserves the right to disconnect any user from the network if, upon the sole discretion of Wicked Broadband, the user's connection would harm the network in any way, or if the user has violated the terms of service.  Any use of the network to send (or receive responses from) unsolicited or bulk commercial email will result in termination of the user's connection to Wicked Broadband.  

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Access to Equipment

User agrees to allow Wicked Broadband access into your premises to install, maintain or repair, upgrade, and remove Wicked Broadband equipment. If you are not home at the time of a service call, you authorize any other adult resident or guest at your residence to grant Wicked Broadband access to your premises.  If you do not own your premises:  you represent that you have obtained necessary permission from the owner to install Wicked Broadband equipment (including, without limitation, equipment attached to the outside of the premises); and you will indemnify Wicked Broadband from all claims of the owner in connection with the installation and provision of the services.

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Access Points/Outdoor Equipment

Wicked Broadband retains ownership of all equipment installed at the user's residence.  User agrees not to remove the Wicked Broadband access point/outdoor unit once it has been installed.  If the user is moving to another residence within the Wicked Broadband service area, then another access point will be provided for them.  If the user knows that they will be moving or otherwise vacating their residence, they agree to contact Wicked Broadband as soon as possible.  

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Residential Use

The user agrees that the Wicked Broadband service will only be used for personal, non-commercial uses.  Any for-profit, commercial use will be deemed a violation of the terms of service and may result in termination of service.

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Payment

All Wicked Broadband customers are automatically set up for recurring payments.  Payments to Wicked Broadband will be made by Direct Payment via Credit Card or Debit Card.  User agrees to a $4.00 monthly service fee if any other form of payment is used. It is the Users responsibility to notify the Wicked Broadband billing department three (7) business days prior to the Users billing date of ANY changes to billing information.  

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Late Fees

Wicked Broadband will attempt to process credit cards three (3) times. The first time the Users' form of payment is declined the account will be assessed a $2.50 finance fee and the account will be suspended as of their sign up date. The second time the account is declined the User will be assessed a $15.00 N.S.F. fee.  If the Users' form of payment declines a third time the account will be sent through internal collections. After 30 days of non-payment the account will be sent to a collections agency.  If paying by and alternate form of payment the same terms apply with the exception that checks are only processed two (2) times.

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Termination of Service

Users whom utilize a Wireless Modem provided by LFN are protected by a 30 day risk free trial period.  If a user calls within the first 30 days to cancel service, the service amount for the first month will be refunded if requested and only if all equipment has been returned.  After the first 30 days the user agrees to notify Wicked Broadband 7 days prior to billing date to avoid the next months' charge.  If the User terminates service in the middle of a billing period there will be no prorated return of fees. The service will remain on through the end of the billing period. Other Information: Upon cancellation of service, charges will continue to accrue until all rented equipment is returned.  Rented PepWaves must be returned within 30 days. Failure to return the item will result in a charge for the full retail price being applied to the credit card or bank account in your customer file. Late fees and NSF fees are applicable as stated in the Terms of Service. 

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Compliance with Applicable Laws

The user agrees not to use the service in any way that violates any applicable local, state, federal, or international law. You may not use the service to post, copy, transmit, or disseminate any content that infringes the patents, copyrights, trade secrets, trademark, or propriety rights of any party. Wicked Broadband assumes no responsibility, and you assume all risks regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.

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Disclaimer 

THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, NEITHER WICKED BROADBAND NOR ANY OF ITS EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. Wicked Broadband DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE  HEREBY  EXCLUDED AND  DISCLAIMED. WICKED BROADBAND AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE OF THE SERVICE, EQUIPMENT FURNISHED BY WICKED BROADBAND, OR WICKED BROADBAND'S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF A WICKED BROADBAND EMPLOYEE, AGENT OR VOLUNTEER, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY,  SPECIAL, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER OR NOT Wicked Broadband HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, WICKED BROADBAND'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE WICKED BROADBAND FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. Wicked Broadband IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. 

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Indemnification

You agree to indemnify and hold Wicked Broadband employees, agents, or volunteers harmless from any claim, demand, or damage, including costs and reasonable attorneys' fees, asserted by Wicked Broadband or any third party due to or arising out of your use of the Service. Wicked Broadband will notify you within a reasonable period of time of any third party claim for which Wicked Broadband seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Wicked Broadband's interests, as reasonably determined by Wicked Broadband.