February 1, 2008 version 1

PCS INTERNET SERVICES TERMS AND CONDITIONS

Highspeed wireless DSL Access

NOT reading this document does not limit your liability regarding your subscription.

 

INTRODUCTION

PCS INTERNET SERVICES, INC. Herein after referred to as   "PCS"

provides its CUSTOMERS a high-speed wireless Internet connection, which we refer to as the "SERVICE". The Acceptable Use Policies (AUP) are intended to provide protection for our CUSTOMERS and the Internet community, while also allowing PCS to fairly share its network to all CUSTOMERS. PCS may modify the TERMS AND CONDITIONS of this agreement at any time. The most current TERMS AND CONDITIONS, in effect, shall be those found on the PCS web site at www.pcsok.com. The prices for SERVICE are subject to change at any time, PCS refers to any paying individual, organization or business using the PCS SERVICE as a CUSTOMER.

 

USE OF SERVICE AT YOUR OWN RISK

The CUSTOMER is solely responsible for the content of communications on the Internet. The SERVICE provided by PCS is "as is" and at your own risk. PCS denies any responsibility for the accuracy of information obtained through the SERVICE. The transmission of data over an Internet connection is subject to errors, delays, and interruptions. PCS is not responsible or liable for any errors, delays, or interruptions. The CUSTOMER understands that current regulatory and technical issues prohibit expectation of privacy when using Internet services.

 

SERVICE DISRUPTION

PCS does not guarantee uninterrupted SERVICE. We will not and cannot be responsible for any disruption of Internet connectivity due to power outages, network faults or acts of the big guy (GOD), PCS equipment malfunction or any natural disaster (including weather). All Internet service is provided on an "as is" and "as available" basis. PCS does not guarantee any loss of SERVICE time, transmission errors, connectivity or quality of SERVICE. The CUSTOMER acknowledges and agrees that the SERVICE is not intended to be, and will not be used as, your primary or "life-line" telecommunications service.

 

CPE EQUIPMENT OR (SU)

PCS does not sell subscriber units, only lease is available, there are currently two lease options available

Monthly lease or one time lease fee which will be paid at the time of installation, in either case the CPE equipment or (SU)  remains the property of PCS, and will be recovered at such time as the SERVICE is terminated or cancelled for what ever reason.

 

INSTALLATION

The CUSTOMER authorizes PCS or its contractor(s) to install the necessary wiring and Subscriber Unit (SU) required for wireless Internet SERVICE on the premises specified by the CUSTOMER at the time of installation. The standard installation includes the mounting of an antenna and/or SU, a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one computer and/or router on the Customer's premises. Fishing of walls and or attic crawling is not included with standard installation. The connecting of multiple computers at the Customer's premises may require additional costs in equipment and wiring. Any requests for custom installation work will require additional charges by our contractor(s). PCS and its contractor(s) will not be liable for any alterations to Customer's premises that result from the installation or removal of the SU and/or wiring including any holes in walls, ceiling, and roof cable wiring or antenna mounting brackets; although great care will be used to make the installations reasonably appealing.

 

OBSTRUCTIONS

Wireless Internet communications is dependant on a clear Line of Sight to the Access Point (AP), which is the point where the wireless connects to our broadband ISP partner(s). PCS will make every reasonable effort to provide our CUSTOMER with the best SERVICE possible. Unfortunately, some locations could experience changes in SERVICE due to seasonal changes, i.e. spring and summer foliage, which in turn effect the line of sight to the AP. PCS will make every reasonable effort to relocate or realign the SU. However PCS cannot prevent Line of Sight problems, and therefore cannot guarantee SERVICE or be liable for any loss of SERVICE.

 

 

 

PAYMENT POLICY

PCS will invoice its CUSTOMERS by email,  invoices will go out a few day's before the billing date,   with the exception of the first months service charge and equipment, payable at the time of installation. The invoice balance can be paid with check or money order , payable to PCS  or on line via PayPal.   payments are due on the first or the fifteenth day of the month depending on your billing cycle, and past due 10 day's after the date of the invoice,    Any CUSTOMER  past due may be subject to limited Internet access.  connection speed will be reduced to 56k (dial up speed). This will give the CUSTOMER a heads up, giving them an opportunity to call CUSTOMER SERVICE to make payment arrangements before cancellation. PCS may notify CUSTOMER by phone or email if there is a payment issue associated with their account(s). After 20 days late the SERVICE will be canceled and a deposit and/or a reactivation fee will be charged.

 

UNACCEPTABLE USE

PCS may, at its discretion, immediately terminate or reduce SERVICE to the CUSTOMER upon any single or multiple incidents of the following conditions: A. Failure to pay SERVICE fees in a timely manner;   B. Interfering with or disrupting of Internet SERVICE to other CUSTOMERS and/or their equipment on the PCS wireless network (see also AUP);   C. Propagation of computer viruses and/or spyware (see also AUP);   D. Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information (see also AUP);   E. Unsolicited blanket emailing known as "spamming", (see also AUP);   F. Any violation of local, state, federal or international law or that of any Sovereign Nation, as well as PCS' AUPs; and   G. Forgetting to send your Mom a card on Mother's day.

 

EXCESSIVE BANDWIDTH CONSUMERS

CUSTOMER activities that consume unusually large amounts of bandwidth, including, but are not limited to, multiple computers on the same connection, programs or servers which provide SERVICES to others via the CUSTOMER's SERVICE and some types of gaming software. When excessive consumption of bandwidth by a CUSTOMER prevents all CUSTOMERS fair access to the PCS wireless network. We reserve the right to take necessary steps to correct this problem. These steps include, but are not limited to, limiting bandwidth, disabling and/or rate limiting communication protocols, monthly rate adjustment and discontinuing SERVICE without prior notice,  if you download movie's   you may want to check out  NetFlix  it's a great service and very reasonably priced.

 

SERVICE SHARING

If at any time PCS discovers that the CUSTOMER is sharing their SERVICE or has networked to others outside of the premises, without the express written consent of PCS, SERVICE will be immediately terminated to the CUSTOMER with no refunds of any kind.

 

INDEMNIFICATION

CUSTOMER agrees to indemnify and hold harmless PCS, it's owner(s), partner(s) and contractor(s) against all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or relating to any and all claims and/or losses accruing or resulting from the installation of SERVICE, equipment, materials or supplies in connection with the performance of this agreement, to any and all CUSTOMERS and/or any other person, firm, organization or corporation.

 

CUSTOMER EQUIPMENT

PCS is not responsible for maintaining or supporting any equipment owned by the CUSTOMER, and is not liable for any damages to the CUSTOMER’s SU, computer(s) or other equipment.

 

SPAMMING

Spamming is the sending of unsolicited e-mails (see also PCS AUP). PCS will not tolerate any type of spamming. The SERVICE of the spamming CUSTOMERS will be immediately disconnected without prior notice and will not be eligible for any refund(s) for termination of SERVICE due to spamming.

 

CANCELLATION

A CUSTOMER wishing to cancel SERVICE must submit a written notice requesting the SERVICE to be discontinued ( e-mail notice is acceptable as long as it is from the e-mail address on file for the specific account ) PCS will never refund any "set-up" or "installation" fees. If any monthly fees are paid in advance, any refunds will be on a pro-rata basis (i.e. any discounted rates or SERVICE referral credits shall be forfeited on cancellations). The CUSTOMER will continue to be liable under these TERMS AND CONDITIONS for all fees and charges until such time as the SERVICE has been properly terminated or we have acknowledged such termination in writing or by e-mail.

 

REFERRAL CREDIT

Refer your neighbor and you'll receive one-month SERVICE credit on your SERVICE plan, when they make a 12-month commitment to PCS and remain a CUSTOMER in good standing for 2 months. Only one credit given per referred new CUSTOMER. Limited to not more than 12 credits per CUSTOMER, per year, will be given (Jan 1 to Dec 31). The name of the Referral must be given at or before the time of installation of the referred new CUSTOMER.

 

 

Under penalty of perjury, by the laws of Oklahoma, I do swear that I have read, understand and agree to these TERMS AND CONDITIONS:

 

 

______________________________________________

Customer Printed Name

 

______________________________________________ ___________________________

Customer Signature & Date