@Link WiFi

Terms and Conditions

Subject to credit approval, @Link will provide all services that You, the Subscriber, request, on the following terms and conditions. All @Link services are referred to as “Service” or “Services”. If @Link provides telephone Service in Your area, such Service will be provided through the @Link telephone affiliate servicing Your area, and You will also be bound by that affiliate’s tariff on file with the State telephone regulatory authority. If You receive @Link’s High Speed Internet Service, You will also be bound by the @Link High Speed Internet Subscriber Agreement, and the @Link Acceptable Use Policy, both located at www.support.@Link.net or at another URL @Link may designate.

A. @Link’s Obligations:

Install in a workmanlike manner, the @Link necessary equipment and materials.
Maintain @Link equipment in accordance with reasonable industry standards and applicable regulations.
If available, You may subscribe to the @Link wiring maintenance plan and @Link will install and maintain wiring inside Your premises ( “Internal Wiring”). Otherwise, @Link shall have no responsibility for the maintenance of Your Internal Wiring.
These obligations do not include responsibility for loss of stored content on any devices or for any damage to your devices as a result of pin defects or alignment.

B. Your Obligations:

Pay all installation, service or other charges on receipt of @Link’s bill. Charges are according to @Link’s rate schedule or tariff applicable at the time Services are rendered. Monthly service rates may be subject to additional local fees, taxes or other charges. Some fees and charges are payable in advance. If You terminate Service before the end of a prepaid period, @Link will refund the prorated unused portion of the fees and charges. If the pro-rata unused portion is less than $5.00, @Link will make the refund on Your request. If You or @Link terminate Service, @Link may transfer outstanding balances for Services provided under this Agreement to other accounts that You have with @Link.
If You fail to make timely payment, @Link may terminate Service, remove @Link equipment and impose late fees and collection trip fees, if applicable. Late fees and collection trip fees will not exceed the maximum amount permitted by law.
Provide @Link's employees and representatives with a safe working environment.
Assume complete responsibility for improper use, damage or loss of any equipment furnished by @Link.
Allow @Link access into Your premises to install, maintain or repair, upgrade (if any), and remove @Link equipment. @Link personnel have @Link identification you may request and examine. 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 @Link access to Your premises.
Any attempted assignment or transfer of the Services is a breach of this Agreement.
If You do not own Your premises:

i. You represent that You have obtained necessary permission from the owner to install @Link’s equipment (including, without limitation, equipment attached to the outside of the premises); and

ii. You will indemnify @Link from all claims of the owner in connection with the installation and provision of the Services 8. @Link may provide backup battery service for telephone service utilizing a PPPoE router and that router will remain the property of @Link, if not purchased. If @Link does not provide backup battery service for @Link services utilizing a router or VoIP gateway, you must provide the backup battery and it will remain your responsibility in all respects.

C. Equipment: All @Link Equipment and imbedded Software (Equipment) provided to You by @Link or its agent will remain the property of @Link. @Link shall have the unrestricted right, but not the obligation, to install or modify the software in any of the Equipment. It is a material breach for You to copy, duplicate, reverse engineer or in any way tamper with or interfere with any Software provided to You by @Link. You also agree:

To use the Equipment only for receiving Services ordered from or through @Link.
To promptly return the Equipment to @Link in good condition and without any encumbrances, except for ordinary wear and tear resulting from proper use, immediately upon discontinuance of Service.

If You do not promptly return the Equipment or if it is damaged or encumbered, (“Unreturned Equipment”), the damages @Link will incur will be difficult to ascertain. Therefore, You agree to pay, and @Link may charge Your account, a liquidated damages amount equal to @Link’s reasonable estimates of the replacement costs and incidental costs that @Link incurs; provided, however, that such amount will not exceed the maximum amount permitted by law (the “Unreturned Equipment Charge”). This provision shall survive the termination or expiration of this Agreement.

D. Programming: You acknowledge that @Link reserves the right at any time and in its sole discretion to change its channel lineup and/or to pre-empt specific programs or parts of programs previously advertised as available. @Link also reserves the right to alter its fee structure upon notice to You. You may immediately terminate service upon notice to @Link. You may not rebroadcast, transmit, record, perform, or charge admission to view or listen to any of the programming made available by the Services unless you obtain and pay for any public performance licenses.

E. LIMITATION OF WARRANTIES AND LIABILITY: @LINK, ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS COLLECTIVELY AND INDIVIDUALLY, THE (“@LINK GROUP”) MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDED. THE @LINK GROUP SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FOR ANY TV SCREEN BURN-IN, PIN MISALIGNMENT, UNEVEN TV SCREEN WEAR, STUCK PIXELS, PHOSPHOR BURN, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. THE @LINK GROUP SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. YOU HEREBY INDEMNIFY AND HOLD HARMLESS THE @LINK GROUP FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (I) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (II) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL THE @LINK GROUP BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. THE @LINK GROUP’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRIOR MONTH OF SERVICE.

F. Pole Attachments: If @Link makes use of poles owned by the local telephone company and/or the electric company, the continued use of these poles is in no way warranted by @Link. You agree that You will make no claim or take any action against @Link or utility if Service to be provided by @Link hereunder is disrupted or discontinued due to unavailability of the poles.

G. Breach of Agreement: If You breach this Agreement, or any other agreement referenced herein, @Link has the right to terminate this Agreement and enter Your premises to remove its equipment. @Link failure to require Your strict performance of any term of this Agreement shall not be construed as a waiver of @Link’s right to require strict performance of the same or any other term or condition in this Agreement.

H. Entire Agreement: This Agreement, any applicable tariffs and other agreements specifically referenced herein constitute the entire agreement between @Link and You for the Services and Equipment. The invalidity or unenforceability of any term of this Agreement shall not affect the validity or enforceability of any other provision.

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	Terms and Conditions Subject to credit approval, @Link will provide all services that You, the Subscriber, request, on the following terms and conditions. All @Link services are referred to as “Service” or “Services”. If @Link provides telephone Service in Your area, such Service will be provided through the @Link telephone affiliate servicing Your area, and You will also be bound by that affiliate’s tariff on file with the State telephone regulatory authority. If You receive @Link’s High Speed Internet Service, You will also be bound by the @Link High Speed Internet Subscriber Agreement, and the @Link Acceptable Use Policy, both located at www.support.@Link.net or at another URL @Link may designate. A. @Link’s Obligations: Install in a workmanlike manner, the @Link necessary equipment and materials. Maintain @Link equipment in accordance with reasonable industry standards and applicable regulations. If available, You may subscribe to the @Link wiring maintenance plan and @Link will install and maintain wiring inside Your premises ( “Internal Wiring”). Otherwise, @Link shall have no responsibility for the maintenance of Your Internal Wiring. These obligations do not include responsibility for loss of stored content on any devices or for any damage to your devices as a result of pin defects or alignment. B. Your Obligations: Pay all installation, service or other charges on receipt of @Link’s bill. Charges are according to @Link’s rate schedule or tariff applicable at the time Services are rendered. Monthly service rates may be subject to additional local fees, taxes or other charges. Some fees and charges are payable in advance. If You terminate Service before the end of a prepaid period, @Link will refund the prorated unused portion of the fees and charges. If the pro-rata unused portion is less than $5.00, @Link will make the refund on Your request. If You or @Link terminate Service, @Link may transfer outstanding balances for Services provided under this Agreement to other accounts that You have with @Link. If You fail to make timely payment, @Link may terminate Service, remove @Link equipment and impose late fees and collection trip fees, if applicable. Late fees and collection trip fees will not exceed the maximum amount permitted by law. Provide @Link's employees and representatives with a safe working environment. Assume complete responsibility for improper use, damage or loss of any equipment furnished by @Link. Allow @Link access into Your premises to install, maintain or repair, upgrade (if any), and remove @Link equipment. @Link personnel have @Link identification you may request and examine. 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 @Link access to Your premises. Any attempted assignment or transfer of the Services is a breach of this Agreement. If You do not own Your premises: i. You represent that You have obtained necessary permission from the owner to install @Link’s equipment (including, without limitation, equipment attached to the outside of the premises); and ii. You will indemnify @Link from all claims of the owner in connection with the installation and provision of the Services 8. @Link may provide backup battery service for telephone service utilizing a PPPoE router and that router will remain the property of @Link, if not purchased. If @Link does not provide backup battery service for @Link services utilizing a router or VoIP gateway, you must provide the backup battery and it will remain your responsibility in all respects. C. Equipment: All @Link Equipment and imbedded Software (Equipment) provided to You by @Link or its agent will remain the property of @Link. @Link shall have the unrestricted right, but not the obligation, to install or modify the software in any of the Equipment. It is a material breach for You to copy, duplicate, reverse engineer or in any way tamper with or interfere with any Software provided to You by @Link. You also agree: To use the Equipment only for receiving Services ordered from or through @Link. To promptly return the Equipment to @Link in good condition and without any encumbrances, except for ordinary wear and tear resulting from proper use, immediately upon discontinuance of Service. If You do not promptly return the Equipment or if it is damaged or encumbered, (“Unreturned Equipment”), the damages @Link will incur will be difficult to ascertain. Therefore, You agree to pay, and @Link may charge Your account, a liquidated damages amount equal to @Link’s reasonable estimates of the replacement costs and incidental costs that @Link incurs; provided, however, that such amount will not exceed the maximum amount permitted by law (the “Unreturned Equipment Charge”). This provision shall survive the termination or expiration of this Agreement. D. Programming: You acknowledge that @Link reserves the right at any time and in its sole discretion to change its channel lineup and/or to pre-empt specific programs or parts of programs previously advertised as available. @Link also reserves the right to alter its fee structure upon notice to You. You may immediately terminate service upon notice to @Link. You may not rebroadcast, transmit, record, perform, or charge admission to view or listen to any of the programming made available by the Services unless you obtain and pay for any public performance licenses. E. LIMITATION OF WARRANTIES AND LIABILITY: @LINK, ITS PARENTS, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS COLLECTIVELY AND INDIVIDUALLY, THE (“@LINK GROUP”) MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE EQUIPMENT FURNISHED TO YOU AND/OR SERVICES PROVIDED. THE @LINK GROUP SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH, OR THE DEGRADATION OR INTERRUPTION OF ANY SERVICES, FOR ANY LOST DATA OR CONTENT, IDENTITY THEFT, FOR ANY TV SCREEN BURN-IN, PIN MISALIGNMENT, UNEVEN TV SCREEN WEAR, STUCK PIXELS, PHOSPHOR BURN, FILES OR SOFTWARE DAMAGE, REGARDLESS OF CAUSE. THE @LINK GROUP SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF EQUIPMENT, SOFTWARE, WIRING OR THE PROVISION OF SERVICES. YOU HEREBY INDEMNIFY AND HOLD HARMLESS THE @LINK GROUP FROM ANY CLAIMS, ACTIONS, PROCEEDINGS, DAMAGES AND LIABILITIES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF (I) SUCH DAMAGE OR INJURY RESULTING FROM ANY CLAIM THAT YOUR USE OF THE SERVICE INFRINGES ON THE PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, (II) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT; OR INJURY TO PERSON OR PROPERTY RESULTING FROM YOUR GROSS NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL THE @LINK GROUP BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES. THE @LINK GROUP’S MAXIMUM TOTAL LIABILITY TO YOU ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRIOR MONTH OF SERVICE. F. Pole Attachments: If @Link makes use of poles owned by the local telephone company and/or the electric company, the continued use of these poles is in no way warranted by @Link. You agree that You will make no claim or take any action against @Link or utility if Service to be provided by @Link hereunder is disrupted or discontinued due to unavailability of the poles. G. Breach of Agreement: If You breach this Agreement, or any other agreement referenced herein, @Link has the right to terminate this Agreement and enter Your premises to remove its equipment. @Link failure to require Your strict performance of any term of this Agreement shall not be construed as a waiver of @Link’s right to require strict performance of the same or any other term or condition in this Agreement. H. Entire Agreement: This Agreement, any applicable tariffs and other agreements specifically referenced herein constitute the entire agreement between @Link and You for the Services and Equipment. The invalidity or unenforceability of any term of this Agreement shall not affect the validity or enforceability of any other provision. back