SYMPLIFIED TECHNOLOGIES, LLC IS THE LEADING PROVIDER OF FIXED WIRELESS INTERNET SERVICE IN KITTITAS COUNTY AND SUPPORTS THE FREE FLOW OF INFORMATION AND IDEAS OVER THE INTERNET.
PLEASE READ THIS AGREEMENT CAREFULLY. BY AGREEING TO THE TERMS AND CONDITIONS OF THIS ACCEPTABLE USE POLICY FROM HERE FORTH REFERRED TO AS THE AUP, YOU ARE ALLOWED ACCESS INTERNET SERVICE PROVIDED BY SYMPLIFIED TECHNOLOGIES, LLC. FROM HERE FORTH REFERRED TO AS ISP.
LIABILITY AND WARRANTY
THE WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. ISP EXERCISES NO CONTROL WHATSOEVER OVER THE CONTENT OR NATURE OF THE INFORMATION PASSING THROUGH ISP’S SYSTEMS AND NETWORK. USE OF ANY INFORMATION OBTAINED VIA ISP IS AT USER’S RISK. THE SERVICE IS 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, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY ISP, ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER ISP NOR ITS AFFILIATES, IT’S LICENSORS, IT’S CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL ISP, ITS AFFILIATES, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER’S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER’S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER’S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IF USER IS DISSATISFIED WITH THE SERVICE OR WITH ANY TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF ISP IN OPERATING THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
ILLEGAL AND PROHIBITED USE
This section is used to address actions, content and or practices that are prohibited by law and by rules set forth by the ISP. Please review the sections below before using ISP’s services or networks. The terms and restrictions are not negotiable. Not all services provided by ISP are listed or mentioned but are bound by this document.
Users found to engage in activities that ISP feels are in violation of this AUP will have their accounts terminated. Violators will also be subject to any appropriate legal action and/or consequences.
ISP reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected illegal activity or civil discourse. Activities considered by ISP to be a violation of this AUP are as follows, but are not limited to:
Indirect or attempted violations of this AUP.
Reselling of service provided by ISP.
Services used to transmit, re-transmit, distribute, post, or store any material that in the judgment of ISP is threatening, libelous, defamatory, or otherwise objectionable including but not limited to child pornography and advocating unlawful activity against any persons, animals, businesses, or governments .
Harassment of users, employees, or of others will not be tolerated.
Actions and/or services prohibited by federal, state and local law.
Distribution, posting, copying or dissemination of copyrighted or licensed material including but not limited to movies and/or music.
Inhibiting any other person’s use of the service provided by ISP is prohibited. Denial of service attacks or any other type of use that will result in internet congestion.
Participation in illegal gambling, lottery or other similar activities.
Transmission of scams such as “Make Money Fast” schemes.
Making fraudulent offers.
The attempt to access the accounts of other or other computers and/or networks to penetrate security measures, whether or not the intrusion results in damage.
ISP reserves the right to change plan rates and charges related to providing services, limit, restrict, and/or prohibit services it provides to customers, as ISP feels necessary.
Users are responsible for account passwords and should keep them safe.
Users are responsible for protecting their accounts and must take steps to insure that others do not gain unauthorized access to user’s account or misuse ISP’s services.
Users are responsible for any misuse of ISP services that occurs through user’s account.
If a user feels that the account was compromised, the password should be changed at once.
Users are responsible for protecting their own equipment. The use of battery backup systems (UPS), anti-virus software, and personal firewalls are strongly recommended. Your equipment warranty may be void without these items of protection.
Users are responsible to pay for services by the date due. We reserve the right to suspend your account for non payment or for checks returned due to non sufficient funds. Suspension or termination of your account does not remove your responsibility under this agreement to pay all fees incurred including but not limited to N.S.F. check fees and collection costs.
It is the responsibility of the user to have updated anti-virus software installed and to periodically maintain their computer systems in order to protect the ISPs network from virus infection. If it is determined that a user has neglected this responsibility and the ISP is financially harmed as a result, the user will be held accountable for any and all expenses incurred in the ISPs attempt to repair any damage incurred.
Users must keep their contact information up to date with the ISP. ISP uses email as primary media in order to contact customers regarding their service. FOR YOUR PROTECTION THE ISP WILL NOT SELL OR REVEAL YOUR CONTACT INFORMATION TO ANY COMMERCIAL OUTSIDE SOURCE.
Email service is no longer available as of December 2014.
SERVICE INSTALLATIONS REQUIREMENTS AND PROCEDURES
Last Mile wireless installations contain the following:
One integrated radio and antenna, mounting arm, 50 feet of Ethernet cabling, cable clips, one pre-configured wireless router, one UPS battery backup. One penetration is required through the outside wall for the Ethernet cable to the inside nearest A,C. outlet. Additional cable beyond 50 feet is .50 cents per foot. Addition of a cut in decor wall box, RJ-45 punch down, and cover plate are an additional $35.00. Installation of all wireless services include the configuration of 2 wireless devices. Additional configurations are $15.00 each. Last Mile equipment becomes the property of the customer. All last mile installations require a clear line of sight to the access point. We will not install Last Mile service with partial or obstructed views of the access point. Non line of sight equipment is designed for connecting to partial or unobstructed views of the access point. Your site survey and bandwidth testing will determine which equipment is required for your service. Equipment used is dependent on distance to the access point and pricing for that equipment varies. (Please see wireless equipment pricing for full details)
WiFyber and Non-Line-Of-Sight wireless installations contain the following:
One integrated radio and antenna, mounting arm, 50 feet of Ethernet cabling, cable clips, one pre-configured wireless router, and one power over Ethernet injector (P.O.E.). One penetration is required through the outside wall for the Ethernet cable to the inside nearest A,C. outlet. Additional cable beyond 50 feet is .50 cents per foot. Addition of a cut in decor wall box, RJ-45 punch down, and cover plate are an additional $35.00. Installation of all wireless services include the configuration of 2 wireless devices. Additional configurations are $15.00 each. WiFyber and Non-Line-Of-Sight equipment outside equipment and power over Ethernet injectors remain the property of Symplified Wireless Internet. A UPS battery backup is recommended to protect equipment from power surges, and or power brown outs and voids 1 year warranty without such protection. A simple power surge strip is not adequate and will void warranty. A UPS can be purchased at a retailer of your choice or you can purchase one from Symplified Wireless Internet. WiFyber requires a clear to partial line of sight to the access point and is dependent on distance not to exceed 2/3 of a mile. Non-Line-Of-Sight equipment is designed for non line of site locations. Your site survey and bandwidth testing will determine which equipment is required for your service.
FIXED WIRELESS INTERNET SERVICE
Users of ISP fixed wireless service are responsible for protecting their equipment from damage including electrical power fluctuations and lightning strikes. A provided uninterrupted power supply sold in your installation package, also known as a battery backup, will ensure your warranty coverage and replacement. The customer is responsible to keep a fully charged UPS installed in the system to protect their equipment. Simple surge protection strips are inadequate and will not cover equipment warranty.
You agree to pay replacement cost for any damaged equipment that you do not own or that has exceeded the manufacturer’s warranty.
Use of downloader programs such as Bittorrent, UTorrent, or other peer to peer file sharing programs for the purpose of multiple connection sharing is prohibited.
VOIP also known as voice over Internet protocol is not supported by Symplified Technologies and is considered as a third party application. However, the use of VOIP services is not prohibited and the use of VOIP service is at the discretion of the user.
Netflix, Hulu, Amazon Prime Video, and other high content streaming services work satisfactorily with our upper tier plans. However, these services are considered third party services and or products, and as such are not supported by our technical staff. It is recommend that if you chose to use one of these services you should have an Internet connection plan capable of at least 7.0 Megabits.
Onsite support calls for anything other than wireless service unrelated to network issues will be charged a service fee at the rate of ISP current per hour level with a one half hour minimum.
Installed wireless equipment packages are designed to work with full line of sight to the access point at one location. Alterations or fabricated extension of equipment placed by ISP by anyone other than the ISP is prohibited. The customer is responsible to keep any trees, shrubbery, or other obstructions from interfering with line of sight for service. If equipment needs to be moved to another location due to line of sight issues the customer will pay the cost of re-installation at the current rate per hour plus any materials needed to complete the installation.
Serving of any kind is NOT allowed without express written consent from ISP.
Serving is defined as follows:
Web – HTTP servers
Other Listening IP services
Re-selling ISP’s services or offering use of ISP’s services for adding value to a commercial entity, or any other purpose, without ISP’s authorization is prohibited.
ISP’s services are designed for the account holder’s use of the Internet and may not be used for commercial purposes without the ISP’s explicit consent. You also agree not to use ISP’s services for operation as an Internet service provider, or for any other business enterprise including, without limitation, IP address translation or similar facilities intended to provide access, operating or allowing others to operate servers of any type, or any other device, equipment and/or software providing server-like functionality in connection with ISP’s services, unless expressly authorized.
Other services not specifically listed in this AUP but that are provided by ISP are bound by this AUP.
COMPLIANCE WITH THE AUP OF UPSTREAM PROVIDERS
The AUP of ISP’s upstream providers also bind ISP users. An “upstream provider” is any company that provides ISP bandwidth and/or other services.
SYSTEM & NETWORK SECURITY
Violations of system or network security are prohibited and may result in criminal and civil liability. ISP will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
Port scanning, probes, data capture, denial of service, access of restricted systems.
Attempted access of systems not previously given access to.
Anything deemed “hacking” or “cracking” to the systems, network or users.
Unauthorized access to or use of data, including any attempt to circumvent user authentication or security of any host, network, or account (hacking, cracking, port scans, or flood pings).
Unauthorized monitoring of data or traffic.
Interfering with service to any user, host, system or network.
Conducting denial of service attacks.
Any attempt to disrupt service including, but not limited to, distributing or introducing viruses, worms, or other harmful software.
VIOLATIONS AND MONITORING
ISP does not intend to actively monitor the content of web sites, e-mail, news groups, or material created or accessible over its services.
ISP reserves the right to monitor such services or any services on or within our network.
Reporting Violations and complaints:
Violations, attempted violations, and/or concerns should be addressed to via
Email to support @symplifiedtech.com or by calling 1-509-852-2084. When reporting anything to ISP please include the following:
o The internet protocol address used to commit the alleged violation.
o The date, time and time zone of such violation.
o Evidence of the violation, including, if applicable, full headers from emails, firewall logs, traffic dumps (example, the *.enc files generated
by Network Ice’s Blackice program or “hex” dump from any other firewall or IDS system) or information pertaining to the events in question.
Do not send excerpted parts of a message; sending the entire message with full headers helps prevent misunderstandings based on incomplete information or information taken out of context.
ISP has sole judgment and discretion on how we enforce this AUP. Guidelines as to punishment and legal action will be within the ISP’s legal department and administrative department discretion.
SERVICE CANCELLATION,REFUNDS, AND CREDIT POLICY
There are no refunds on installation charges. There are no refunds on special equipment purchases once an order is placed and shipped from our vendor. Payment for Internet service is accepted on a month to month basis in advance. If a customer is insistent upon paying in advance for service beyond a 30 day period a waiver may be requested but the policy for cancellation or termination of service will be no refunds for time remaining. No payment waiver will be issued for more than 90 days. “Snowbird” plan holders that meet the criteria for the plan can request to place their account on hold for billing if they are planning to be out of the area for more than 30 days. There is a $25 administration fee to reconnect service upon your return.
All wireless Internet plans are sold on a monthly basis. Standard billing method is by email through secured invoice allowing online payment through Intuit Merchant Services. You may also use bank pay or secured auto-pay method using a credit or debit card. We accept MasterCard and Visa only. There are no refunds for purchased equipment and no credit is issued for time remaining on canceled accounts. All sales are final and payment is due in full prior to installation. We do not extend credit for equipment purchases, monthly Internet service, or service calls. All invoiced balances are due upon receipt. There are no long-term contractual obligations on wireless plans sold and there is no penalty for the cancellation of service. There is no refund for time remaining on accounts canceled once payment has been posted. Auto-payment accounts must be cancelled by phone at least 1 week prior to billing date so your credit card is not charged.
FAILURE TO CALL OUR OFFICE TO CANCEL YOUR AUTO PAY MONTHLY ACCOUNT MAY RESULT IN CONTINUED NON REFUNDABLE BILLING. THE USE OF EMAIL OR THE USE OF OUR ONLINE CONTACT FORM TO CANCEL YOUR SERVICE IS NOT ACCEPTABLE.
Customers electing to schedule payment using a bank pay service, or if you mail your payment via U.S. Postal Service, you must schedule the payment so we receive it before your account is due to avoid disconnection of service and re-connection fees.
DOWNTIME /ISP RESPONSE
It is the policy and intention of Symplified Wireless Internet to deliver the best possible uninterrupted service to its customers. ISP enjoys an annual up time average of 95% or better which translates to 346.75 days of uninterrupted service. Credit or refunds will not be given for outages due to network equipment failure on our end until the 19th collective day of interrupted service. Network outages caused by other outside circumstances will be given no consideration for refund or credit. Examples of these circumstances are as follows but are not limited to: Acts of terrorism, natural disasters, acts of war, power utility outages, wildfires resulting in damaged infrastructure, vandalism of a broadcast site or sites, network issues experienced by our upstream provider or their subsidiaries resulting in lost connectivity to the Internet cloud, intentional or unintentional alterations of installed customer equipment, or any customer equipment failure installed in a plan package exceeding the 1 year warranty.
Credit for lost service beyond the the 95% criteria deemed in error of Symplified Wireless will result in the customer account receiving credit for the lost time plus 1 week additional service free of charge.