Wireless Service Terms and Agreement


END-USER SERVICE AGREEMENT 

Attention TeleOneTen, LLC Customer: To make your installation of services go smoothly, please review this document prior to installation. If you have any questions please call the TeleOneTen, Customer Service Center 303-328-0000.

 TeleOneTen, Wireless Customer Agreement  This TeleOneTen Residential Customer Agreement (“Agreement”) is entered into between TeleOneTen (TeleOneTen or “we”), having an office at 6000 East Evans, Building 1, Ste 400, Denver, CO 80222, and the Customer (“Customer” or “you”) set forth below. 

Section 1. INSTALLATION 

You hereby authorize TeleOneTen, and/or its authorized contractors to install/deliver a customer premise unit/wireless handset, software, wiring and other equipment at the address set forth above (the “Premises”) necessary to provide TeleOneTen, service (the “Services”). 

Section 2. SERVICE AND CHARGES

(I) TeleOneTen will provide the Services to you subject to the terms and conditions of this Agreement and any applicable tariffs. You agree to pay for Services and all other charges described in this Agreement, and to comply with all of the terms and conditions of this Agreement. 

(II) You hereby verify and acknowledge that TeleOneTen Residential/Wireless service is being installed in your residence, and will be used only for residential purposes. The services provided are for the exclusive use of the persons residing in the mentioned address. The services must not be shared with other residence or used for business purposes. 

NOTE: This service is personal, non-commercial, non-exclusive, non-sublicensable, non-assignable

(III) TeleOneTen, may revise, modify or discontinue any or all aspects of the Services, including but not limited to service and equipment prices, any applicable tariffs or rates, and any Terms and Conditions set forth in this Agreement, upon reasonable notice to you. 

(IV) Customers may be subject to termination fee of _$150__ early termination fee when terminating service before the end of two years period that is the initial terms of the agreement.

Section 3. SERVICE INTERRUPTIONS 

(I) Although TeleOneTen will make commercially reasonable efforts to maintain the Services, you may experience service interruptions. TeleOneTen assumes no responsibility or liability for interruption of the Services, whether due to (without limiting the generality of the foregoing): 

      1. Failure or interruption of any part of the Services for any reason, whether related to hardware, software, wiring or any other Equipment;

      2. Interruptions due to periodic testing or system alterations, including modifications to the Equipment; 

      3. Power failures, riots, civil unrest, acts of war, or acts of God, including, but not limited to, hurricanes, floods, ice, wind, lightning, and accidents; or 

      4. Regulations, orders, decisions or acts of any lawfully constituted authority or court. 

(II) You understand that in providing access to telephone services we rely on your Internet network and connection, TeleOneTen, is not responsible to       interruptions caused by the provider of the Internet services to your premises.

Section 4. LEASED EQUIPMENT 

(I) In the event TeleOneTen leases any Equipment to you (“Leased Equipment” including but not limited to modems, network hubs, and wireless devices), the Leased Equipment will remain the property of TeleOneTen at all times. 

(II) You agree not to open, tamper with, alter or remove any Leased Equipment on the Premises, to adequately safeguard it against others, and not to permit anyone other than an accredited representative of TeleOneTen to service it. 

(III) For damage to or loss of any Leased Equipment due to Customer’s negligence, Customer will pay TeleOneTen up to the replacement cost of the Leased Equipment.

Section 5. SERVICE ACCESS 

(I) TeleOneTen may deny you access to all or part of the Services without notice if you engage in any conduct or activities that TeleOneTen in its sole discretion believes violates any of the terms and conditions of this Agreement. 

(II) TeleOneTen has no obligation to monitor the Services. You agree that TeleOneTen, has the right to monitor the Services electronically from time to time, and you consent to TeleOneTen’s access, use and disclosure of any information as necessary to satisfy any law, regulation or other governmental request, to operate the Services properly, to improve the Services, or to protect itself and/or its customers.

Section 6. SERVICE AND REPAIRS 

(I) TeleOneTen assumes no responsibility for the operation, maintenance, or repairs of your Telephone. 

(II) Should TeleOneTen damage the Premises during the installation or maintenance of the Services, TeleOneTen will compensate the owner of the Premises, or your housing provider, for reasonable costs of necessary repair

Section 7. MISCELLANEOUS 

(I) You agree to notify TeleOneTen of any change of occupancy or ownership or tenancy. If you vacate the Premises, this Agreement shall be subject to termination and TeleOneTen shall have the right to disconnect the Services. 

(II) You agree that you will not resell your TeleOneTen local service or any other TeleOneTen service to any third parties without prior express written consent from TeleOneTen. If you violate this clause, then this Agreement shall be subject to immediate termination, and TeleOneTen reserves the right to take other appropriate legal action against you. 

(III) Upon the termination of this Agreement or the cancellation of Services for any reason, you grant TeleOneTen, permission to enter upon the Premises and, at a time to be mutually and reasonably determined by you and TeleOneTen, remove all Leased Equipment. You will indemnify TeleOneTen for any loss or liability caused by a breach of this warranty.

(IV) Returned checks and credit card charge backs may result in, but limited to, fees, temporary loss of services, and/or service termination. 

(V) Uunauthorized attachments to TeleOneTen facilities are costly to TeleOneTen that may create interference. TeleOneTen will be obligated to seek legal remedy in the criminal prosecution in matters involving illegal and unauthorized connections and attachments and injury to its wiring and/or facilities.  

(VI) This Agreement shall be governed by and construed in accordance with the laws of the state California, without regard to conflict of law principles.

Section 8. LIABILITY AND INDEMNIFICATION 

(I) NEITHER TELEONETEN, NOR ITS AGENT AND REPRESENTATIVES, NOR THEIR SUBCONTRACTORS SHALL BE LIABLE FOR ANY LOSS OF DATA OR  DAMAGE TO HARDWARE THAT OCCURS DURING INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF TELEONETEN, LOCAL SERVICES. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLETELY BACKUP YOUR COMPUTER PRIOR TO INSTALLATION. YOU FURTHER AGREE THAT TELEONETEN’S, ITS SUBCONTRACTORS, ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH YOUR COMPUTER FOLLOWING THE INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF TELEONETEN, LOCAL SERVICES. 

(II) CUSROMER EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSS OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING TELEONETEN’S OR ITS SUBCONTRACTOR’S NEGLIGENCE, SHALL BE A REFUND OF ANY SERVICE CHARGES AND FEES PAID TO TELEONETEN, UP TO THE TIME THE DAMAGE IS DISCOVERED. NEITHER TELEONETEN, NOR ITS SUBCONTRACTORS SHALL BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DAMAGES TO PROPERTY, OR LOSS OF BUSINESS. 

(III) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY TELEONETEN SHALL CREATE A WARRANTY. NEITHER TELEONETEN,  ITS AFFILIATES, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE  OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

(IV) UNDER NO CIRCUMSTANCES SHALL TELEONETEN, ITS AFFILIATES, SUBCONTRACTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF OFFERS, CLAIMS, REPRESENTATIONS, PROMOTIONS AND TRANSACTIONS,  INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE INTERNET OR THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE. 

(V) It is solely your responsibility to protect your computer from worms, viruses, spy ware, and other harmful programs. TeleOneTen does NOT provide and is NOT responsible for providing software to keep your computer safe, clean, and functioning properly. 

(VI) In the event any person not a party to this agreement shall make any claim against TeleOneTen, its affiliates, its subcontractors, in any way relating to the Equipment or  Services that are the subjects of this agreement, or arising out of the use of the Equipment and/or Services by you or an authorized user of your account, including the placement or transmission of any message, information, software or other materials on the Internet, you agree to indemnify and hold TeleOneTen, its affiliates, subcontractors, harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs and attorney’s fees. 

(VII) The limitations on liability and the indemnification provisions expressed herein shall inure to the benefit of and apply to TeleOneTen’s parent, subsidiary and affiliated companies, as well as to any subcontractors performing work on behalf of TeleOneTen.  YOU ACKNOWLEDGE THAT PRIOR TO USING TELEONETEN SERVICES YOU HAVE READ AND UNDERSTOOD A LEGIBLE, EXACT AND COMPLETELY FILLED-IN COPY OF THIS AGREEMENT

Signature: _________________________

Print Full Name: _________________________

Date: _________________________

SSN: _________________________

Address: _________________________ 

Leased Equipment: _________________________

Monthly Service charge: ______________________