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Packetfeed Service Agreement

This Agreement is between Iron Goat Communications LLC d.b.a. Packetfeed ("Company") and the Subscriber. THIS IS A LEGALLY BINDING CONTRACT, AND BY USING COMPANY'S SERVICES SUBSCRIBER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.

  1. DEFINITIONS
    1. "Company" means Iron Goat Communications LLC d.b.a. Packetfeed, located at 14903 Sykes Dr SE, Monroe, WA 98272.
    2. "Subscriber" refers to the individual signing the Subscriber Agreement (“Agreement”) who incurs usage charges for Company provided Services, for its own use or who incurs such charges on behalf of a third-party user.
    3. "User" refers to any individual who uses the Services provided by Company with the permission of both Subscriber and Company.
    4. "Uptime" refers to availability of at minimum 3G network speeds, defined as 3Mbit/s.
  2. SERVICE COMPONENTS
    1. Company remains the sole owner of all equipment used to provide Service to Subscriber’s premises. Equipment will be removed by Company upon termination of Service
    2. Permitting & Landlord Approval: It is the Subscriber’s responsibility to obtain any required permits or to gain landlord approval for placement of the antenna and cabling on the Subscriber building. Company is not responsible for property contract violations, damage, or other results of this installation if Subscriber or its affiliates proposes ownership or false landlord.
  3. THE SERVICE
    1. By signing the Agreement, Subscriber accepts all binding Terms and Conditions herein. Activation of Service constitutes Company’s acceptance of the Agreement.
    2. In order that it may continue to maintain the level and quality of Service, Company reserves the right to change or alter the configuration of the Service Components and the Agreement.  The latest version of the Agreement is available at https://www.packetfeed.com/agreement.html.
    3. The Service allows Subscriber to access the Internet. The use of the Internet Service is at risk of Subscriber and subject to any applicable laws. Company has no responsibility to any goods, Services, information, software or other materials that Subscriber obtains when using the Internet
    4. Subscriber agrees not to share, or provide Company-owned Services to any third party who is not dedicated to obtain Services without the consent of Company.
    5. The Service may not be available at any or all times in all areas, even within dedicated coverage areas, and for a variety of reasons that may be beyond Company’s reasonable control. Service availability, quality, signal strength, and network speeds may vary, be lower than advertised, or be insufficient for your desired use of service.
    6. The speed and bandwidth available to each device connected to Company’s network may vary for reasons, within or beyond the control of Company, including without limitation:
      1. the number of users or devices connected to the network
      2. the types of usage
      3. performance capabilities of equipment
      4. terrain and foliage
      5. weather and atmospheric conditions; and
      6. building structure and materials
    7. Neither Company nor its affiliates, agents, or suppliers warrant or represent that the equipment or Service
      1. will meet your requirements or
      2. will be uninterrupted, without delay, error-free, or free from Service degradation.
  4. SUBSCRIPTION CHARGES AND PAYMENT OF FEES
    1. Prior to scheduling the Service installation appointment, Subscriber shall pay to Company the total of Installation Fee and first month’s Service Fee.
    2. Service Fee will continue to be billed monthly on a prepaid basis.
    3. Changes: All fees are subject to change at Company's discretion. Notice of fee changes shall be posted to Company website and shall be considered in effect upon posting.
    4. Invoiced amounts not paid on or before the Due Date shall incur a late fee of $25.00. Accounts with amounts more than ten (10) days overdue may be disabled until full payment, including late fee and the reconnect fee, is received by Company.
    5. A $50.00 reconnect fee will be assessed on all disabled accounts. Returned checks will be charged a fee of $40.00.
    6. Accounts more than forty-five (45) days overdue are subject to cancellation whereupon all Company-owned equipment must be surrendered to Company immediately.
    7. Refunds: Company will void the Agreement and refund Service installation fees in full if
      1. Service speed ordered is found NOT to be available, or
      2. The Service does not meet Company specifications on the day of connection.
  5. NO-SHOW / APPOINTMENT CANCELLATION FEES
    1. Subscribers not present when a Company Technician arrives for a scheduled Service installation appointment, causing a need to reschedule, agree to pre-pay an additional Truck Roll fee of one-hundred-fifty dollars ($150.00) prior to rescheduling the installation appointment. Subscribers who cancel a scheduled appointment with the intent not to reschedule for any reason, including but not limited to, Subscriber’s disapproval of required dish/equipment location on Subscriber’s building, agree to forfeit the entire prepaid installation fee.  The prepaid first month of Service will be refunded in a timely manner, thereby terminating the Agreement.
    2. NOTE: All appointments are considered “Intent to install”, as no Service can be verified for certain until Company Technicians are on site and/or equipment is in place.
  6. TERM AND TERMINATION OF THE SERVICE BY SUBSCRIBER
    1. This Service Agreement renews monthly until terminated by either party.
    2. Subscriber may terminate the Agreement with seven (7) days advance notice emailed to [email protected].
    3. If, upon termination, the Company Equipment is unable to be recovered due to the negligence and/or willful misconduct of the Subscriber, Subscriber agrees to reimburse Company for all costs associated with replacing Company equipment (“Unrecovered Equipment Fees”).
  7. TERMINATION OF THE SERVICE BY COMPANY
    1. COMPANY MAY LIMIT, SUSPEND OR TERMINATE SERVICE OR ANY AGREEMENT BETWEEN COMPANY AND SUBSCRIBER FOR ANY REASON OR CAUSE, including but not limited to any breach of the Agreement by Subscriber. Company may terminate or revise available Services based on changes in policy, network revisions, or other circumstances affecting your Service that Company may choose, or may have cause to develop and implement, with or without notice.
  8. SUPPORT, SUBSCRIBER-GENERATED SERVICE CALLS, AND CREDITS
    1. When Subscriber reports an outage by calling Company or using the Company’s service portal website to create a trouble ticket, Company shall use its best effort to restore Service. The Service provides for free basic diagnostic support during normal business hours Monday through Saturday.
    2. Subscriber is responsible for and agrees to pay the entire cost of Service calls which are caused by Subscriber’s negligence and/or willful misconduct.  This includes labor, materials and equipment.
    3. In the event of Service outage, Subscriber may request Service credit as the sole remedy and compensation for an amount proportional to the duration of the outage.  This credit will be applied as a discount to Subscriber’s next invoice.
  9. SERVICE MAINTENANCE & NETWORK MANAGEMENT
    1. Company periodically performs maintenance on its network. This may require Company to conduct either a planned or unplanned interruption of the Service. Company will use commercially reasonable efforts to schedule maintenance outages in a way that minimizes the impact on Subscribers. Company cannot guarantee that Service will not be interrupted and cannot always give advance notice of such outages. Subscriber acknowledges and agrees that Company is not responsible for any losses or damages (of any kind) that may be suffered by Subscriber as a result of any Service interruptions due to maintenance outages.
  10. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
    1. The only warranty being made about the Service and equipment is the manufacturer's express limited warranty if a router or other hardware device is “sold” to the Subscriber. Company disclaims any and all other representations and warranties of any kind, express, implied or statutory, including but not limited to any warranties of merchantability, fitness for a particular purpose or use, availability, non-interference with your enjoyment of the Service or equipment, or non-infringement.
    2. Any statements made in any packaging, manuals, or other documents not expressly incorporated herein, and any statements made by any Company employees or representatives, are provided for informational purposes only and are not representations or warranties of any kind by any Company parties. Company does not authorize anyone to make a warranty of any kind on Company’s behalf, and Subscriber should not rely on any such statements. Subscriber assumes all responsibility and risk for use of the Service and the equipment. Some states do not allow the disclaimer of implied warranties, so the exclusions in this section may not apply to Subscriber, in whole or in part.
    3. Limitation of liability. Company shall not be liable or obligated in connection with these terms and Service, under any theory, whether in contract, tort, negligence, privacy, security, strict or product liability, breach of warranty, or other legal or equitable theory, for any amount including but not limited to: any cost of procurement of substitute goods, technology, Service, products, or rights; any loss or corruption of data; delayed, degraded or interrupted use of the Service or access to the Internet or between any two or more locations; inability to make, complete or receive calls using internet phone Service; or damage to any hardware, software, or the Service location; any indirect, consequential, incidental, punitive, exemplary, or special damages and/or lost profits of any kind or amount.
    4. Company shall not be liable for the acts or omissions of other providers of telecommunication Services and / or interferences by other telecommunications and / or any radio equipment or for faults or failures of network and equipment.
    5. If Subscriber has any other dispute with Company or claim against Company apart from specific, limited credits available to Subscriber under Section 8 of this Agreement, Subscriber’s sole and exclusive remedy is to discontinue using the Service by submitting a request to cancel Service via email to [email protected] or by using the Company’s service portal website.
  11. INDEMNITY
    1. Subscriber shall indemnify and hold Company harmless against loss, damage or expenses resulting from: Breaches or alleged breaches on intellectual property rights arising from the signals transmitted by Subscriber, Subscriber’s subscribers, and/or end users or third parties working for Subscriber.
  12. FORCE MAJEURE
    1. No failure or omission by either Party to carry out or to perform any of the terms or conditions of the Agreement shall give the other Party a claim against such Party, or be deemed a breach of the Agreement, if and to the extent that such failure of omission arises from Force Majeure.
    2. The term “Force Majeure” as used in the Agreement shall include events beyond the commercially reasonable control and without the fault of and/or negligence of the Party and includes (without limitation): acts of God, natural or manmade catastrophe; earthquake; fire; flood; solar disturbances; sun outages; acts of any government in their sovereign or contractual capacity including acts of government controlled companies or any acts that may impinge on or affect the RF frequencies; national emergencies; riots; act of war whether declared or not; strikes; epidemic; labor disputes; externally caused interferences; blockade; insurrection; weather; equipment failure; tree growth; or other causes beyond the reasonable control of either of the Parties.
  13. CONFIDENTIALITY
    1. Each party agrees to maintain in strict confidence all trade secrets, business and other proprietary information of the other Party that is disclosed pursuant to the Agreement. Neither Party shall disclose to any third party such confidential information without the express written consent of the other.
  14. NO PARTNERSHIP OR LICENSE
    1. Nothing in the Agreement and no action taken by the parties pursuant to the Service Order shall constitute or be deemed to constitute between the parties a partnership, association, joint venture, or other cooperative entity. No license, express or implied, is granted by either party pursuant to the Agreement.
  15. SEVERABILITY
    1. If any provision of the Agreement is held by a court or any governmental agency or authority to be invalid, void, or unenforceable, the remainder of the Agreement shall nevertheless remain legal, valid and enforceable, providing always that if such a provision is of a fundamental nature to the Agreement either party may terminate the Agreement.
  16. NO WAIVER
    1. Failure by either party to exercise or enforce any right conferred by the Agreement shall not be deemed to be a waiver of any such right, nor operate so as to bar the exercise or enforcement thereof or to any other right on a later occasion.
  17. VARIATION
    1. This Agreement may be changed or modified from time to time by Company. Notice of such changes or modifications will be provided on Company's website. Such changes or modifications shall be effective as stated online. Subscriber's continued use of the Services provided by Company following the notices and implementation of any such changes and/or modifications shall constitute Subscriber's acceptance of any such changes and/or modifications. An Agreement Number may be added to this Agreement by Company without affecting the validity or enforceability of this Contract.
  18. LAW & JURISDICTION, NOTICES
    1. This Agreement shall be governed by Washington State law. Exclusive jurisdiction and venue for any dispute arising under this Agreement shall be the Whatcom County Superior Court. Without limiting the foregoing, Subscriber specifically waives any jurisdiction of the federal district court or the right to seek removal to the federal district court. In the event Company is required to engage the Services of an attorney because of a breach by Subscriber of any of the terms herein contained, or arising out of Subscriber's use of the Services provided by Company, Subscriber agrees to pay all of Company's reasonable attorney’s fees and court costs. Upon breach of this Agreement, all of Subscriber’s rights and privileges shall be immediately terminated. And, upon any such termination for breach of the provisions of this Agreement, or the breach of any applicable law or statute governing the use of the Services provided, all Subscriber fees shall be forfeited as liquidated damages to Company. Notices to either party shall be sent by registered mail to Subscriber and to Company at their respective addresses provided herein.

BY ACCEPTING THIS AGREEMENT, THE INDIVIDUAL CONFIRMS THAT THEY ARE LEGALLY AUTHORIZED TO BIND THE SUBSCRIBER UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS NOT A GUARANTEE OF SERVICE, ONLY A DESCRIPTION OF THE TERMS AND CONDITIONS BY WHICH THE SUBSCRIBER AGREES TO BE BOUND.