ClickNet Terms of Service

What is this Document?

This document contains your Terms of Service (TOS)

It is an agreement between you and ClickNet, explaining the rights and responsibilities of ClickNet and you as a ClickNet customer.


By ordering a service from ClickNet, or by using equipment provided by ClickNet, you accept the terms and conditions contained in this agreement and agree to comply with its requirements. ClickNet is also bound by this agreement, although ClickNet has the right to update the terms of service and other policies with conditions.


We have done our best to make this document and other ClickNet policies understandable.


Definitions

Customer, I, you, your:          means a person, a company, or legal entity who subscribes to a service provided by ClickNet


User:                                      Also refers to a person, company or legal entity who subscribes to a service provided by ClickNet, but also includes someone who also uses the same service


Service:                                  Any service provided by ClickNet


Equipment:                            Means any hardware or device provided by ClickNet for use by a customer.


ClickNet or we or us:              Click Computers Inc.



                                               107 West St, Suite I



                                               Stockton, MO 65785



Your Responsibilities

You agree to purchase Internet Service from ClickNet, in accordance with the terms and conditions of this agreement.


Customer Responsibility

You have certain responsibilities as a party to this agreement. Another section describes ClickNet’s responsibilities.


You acknowledge that you accept this Agreement on behalf of yourself, your users and all persons who use the equipment and/or service through the equipment.


You have the sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this agreement.


You acknowledge and agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this agreement, whether such breach is the result of the use of the Service and/or Equipment by you or another user.


You agree to use your ClickNet supplied service from your own premises.


You agree to provide ClickNet with accurate and complete billing information, including your legal name, address and telephone number. If your address, phone number, name or other billing information changes, you will notify us of the changes within 30 days.


By ordering and paying for a ClickNet account, or by using the ClickNet service, you affirm that you are 18 years of age or older or you have parental or guardian consent to use the service.


What happens if I break this agreement

If you default or break this agreement, ClickNet may temporarily suspend or permanently close some or all of your service. ClickNet alone makes this decision. Suspending or closing your service does not limit ClickNet’s remedies or incur any liability to you (that is you don’t have to be credited down time as a result of you defaulting). “Default” means failure on your part to comply with this agreement. This includes getting behind on your payments and breaking the provisions of this agreement or associated policies, but is not limited to these situations.


ClickNet reserves the right to charge a disconnect and/or reconnect fee for any discontinued service.

ClickNet’s Responsibilities

ClickNet has certain responsibilities as a party to this agreement. Another section describes your responsibilities.


ClickNet agrees to provide you with the service and required special equipment, provided that you comply with all the terms and conditions of this agreement. ClickNet also agrees to maintain the equipment provided by us. Another section details the terms over equipment.


We will do our best to provide uninterrupted service. However, like any other internet service provider, the service may experience temporary slowdowns or interruptions caused by:

  • Overload
  • Abuse
  • Equipment modifications, upgrades, relocations, or repairs, and similar activities necessary for the proper operation and supply of the service.
  • Disasters (see “force majeure” in another section)
  • Be technically and operationally compatible with the Service. ClickNet’s responsibility for your Internet connectivity stops at the downstream end of the Equipment. You are responsible for providing equipment capable of receiving and transmitting electronic data through a standard port.
  • Be compliant with applicable Radio spectrum Management rules and regulations.
  • Eavesdropping. ClickNet uses an encryption technology to transmit data. Even so, there is a slight risk that you could be subject to "eavesdropping." This means that other parties may be able to access, monitor, and/or decode your traffic. This risk of eavesdropping exists not only over ClickNet ’s network, but also on the Internet and all other electronic data networks. Because of this risk, you should not send any sensitive or confidential information, such as credit card numbers or other financial information, medical information, or trade secrets, over the network except via secure technologies such as SSL (secure, encrypted web pages). Any information you send over the network is sent at your sole risk.
  • Home Networks. Your home network is not part of your ClickNet service. Any security risks associated with your wireless or wired home network are independent of the Service. ClickNet has no responsibility for the security or operation of computer equipment other than the ClickNet owned equipment.
  • FTP/HTTP/P2P Server Setup. If you install an FTP server or an HTTP server on a computer connected to the Internet, other people may be able to gain access to your computer. If you run any such applications, you must take the appropriate security measures. ClickNet reserves the right to limit the use of server software.
  • This agreement is month to month
  • When the agreement is canceled or terminated, ClickNet staff must be allowed access to remove any equipment supplied by us. It must be in good condition.


ClickNet will provide basic instructions on how to use the service. These instructions will appear on the ClickNet website. You are also entitled to technical support for the ClickNet provided equipment or service via phone or email – during the ClickNet support hours.


We cannot provide technical support for any hardware, software or operating systems not provided by ClickNet.


If a ClickNet technician or representative is asked to provide support or repair for software or hardware that is not supplied by ClickNet, a callout charge and labour charge may apply.


If ClickNet service cannot be made to work at your location because of distance, hills, trees, or any other cause, you will be refunded 100% of any payments you have made to us, subject to this agreement. You must return the equipment in good condition. ClickNet has no other liability if your location proves impossible to provide the service for.



Paying for your ClickNet service

The price you will pay ClickNet is the monthly rate.


ClickNet reserves the right to modify the rates, fees and charges at any time.


You have the right to be notified of price changes at least 30 days before the new rate takes effect.


You acknowledge that you may incur additional charges while using the service. If you make purchases over the internet, those transactions are between you and the seller, and have nothing to do with your relationship with ClickNet.


Payment


If your account becomes overdue, you will receive a notice by email or post. At this time, ClickNet may take steps to reduce the service supplied or temporarily suspend the service and apply any applicable disconnection and / or reconnection fees.


A service charge of up to $20, will be assessed for each cheque that is returned to ClickNet for insufficient funds.


You will get your statement by email to your email address or by post. Any other delivery address or method must be pre-arranged. It is your responsibility to check your email address for billing information and ClickNet announcements.


If you prefer to have a statement or invoice mailed by post or faxed to you, a processing and handling charge of $1.50 applies.

If a refund is ever needed for services or purchases they will be processes by same the method the payment was made or by the best method that ClickNet decides.


Term

This agreement becomes effective on the date on which you order your ClickNet service. Your first payment is the installation fee and is due at the moment your service is connected. This is also your start-of-service date.


This agreement remains in effect on a month-by-month until such time as your ClickNet account is closed by you or ClickNet.


Credit for Down Time

Although we intend to maintain your service at all times, you have the right to be credited if through our negligence you lose service via ClickNet for more than 24 hours. In such a case, we will credit you 1/30 of the monthly base charge for each 24 hour period from the time of notice of interruption until the service restoration. The 24 hours must be continuous. You cannot add up shorter periods.


To receive credit, you must notify the ClickNet office that your service is not working.


Most types of outage do not qualify for credit. Please read the next section for more information.


Events that don’t qualify for credit

Most temporary service outages do not qualify for credit.


You will not get credit for problems in the Service caused by your own or others’ negligence or willful act (except as provided above) or for problems caused by weather or disaster-like situations. Please see Force Majeure. "Willful acts" include system failures caused by viruses, "hacking," "cracking," and other forms of remote malice.


You will not get credit for loss of connectivity caused by technicians working to modify or repair ClickNet’s equipment.


You will not get a credit for interruptions less than 24 hours long. ClickNet may, however, issue credit on a case-by-case basis at ClickNet’s discretion.


If you believe that ClickNet has billed you in error, you must contact us or call within 30 days of the invoice or statement date. Refunds or adjustments will not be given for any charges more than 60 days old.


Closing your Account

To close your account, you must notify ClickNet. To add or remove services, or close an account, you must identify yourself to ClickNet’s satisfaction. This is to protect unauthorized changes by other persons to your account.


Upon Termination of this Agreement or your account

You agree that upon termination of this Agreement:


You will pay ClickNet in full for your use of the Equipment and the Service up to the effective date of termination of this Agreement or the date on which the Service and Equipment have been disconnected and returned to ClickNet, whichever is later. You will not receive a refund if you terminate service part-way through a month.

You will allow ClickNet employees or contractors to access your premises to remove the Equipment. This may mean coming in your house and climbing on your roof. We agree to arrange a time that is convenient for you, and a ClickNet technician.


You will return all of the Equipment to ClickNet. Not returning the equipment in good condition is considered a default.


Computer Equipment

You are responsible for your own equipment that you use with the ClickNet service. For this agreement to be valid, your computer must meet minimum requirements (as determined solely by ClickNet). It must:




Equipment supplied by ClickNet

ClickNet agrees to maintain the Equipment in working condition for the lifetime of this agreement. In case of Equipment failure, ClickNet will troubleshoot, diagnose, repair, or replace the Equipment within 48 hours. In some cases diagnosing and repairing equipment can take more than 48 hours. In those cases we will provide a loaner set of Equipment to you.


All equipment supplied by ClickNet, except for any item that you buy and pay for in full, remains the property of ClickNet. You may not mortgage, sell, transfer, lease, encumber, or assign all or part of the equipment.


If you lose or break the equipment, or turn it over to someone else as described in the previous paragraph, you must pay ClickNet the full retail cost of the repair or replacement. If ClickNet spends money in the effort to get the equipment back, you must also pay those costs.


You will not modify, tamper with, or move the Equipment. If you need the equipment moved, you must contact ClickNet and ask to have a ClickNet technician or contractor to move the equipment for you. You may be charged for the callout, labour and materials required to move the equipment.


If equipment, including network components, is moved or modified by anyone other than ClickNet personnel (employed or contract), and damage to the equipment results so that ClickNet personnel or contractors are called out to your location to repair or replace it, you will be charged

$150.00 for the visit in addition to any other charges specified in the Terms of Service.


You authorize ClickNet and its employees, agents, contractors and representatives to enter your premises in order to install, maintain, inspect, repair, and remove the Equipment. ClickNet agrees to arrange a mutually convenient time with you for these activities.


Limitation of Liability

ClickNet SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICE NOT PROVIDED BY FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF ClickNet, NOR SHALL ClickNet BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY YOUR OR YOUR USERS’ EQUIPMENT. YOU (THE CUSTOMER) AND YOUR USERS HEREBY RELEASE ClickNet FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE. ClickNet’s PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. ClickNet SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR (THE CUSTOMER'S) OR YOUR USERS’

EQUIPMENT, RENDER THE SAME OBSOLETE, OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL ClickNet BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF ClickNet FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY YOU (THE CUSTOMER) UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. ClickNet MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY, AND ANY OTHER WARRANTY IMPLIED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, ClickNet SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO THE FOLLOWING CIRCUMSTANCES:



ClickNet has a right to claim economic damages from you if you violate the ClickNet Terms of Service or its associated policies and cause ClickNet significant economic harm.


Indemnity

You and your users shall indemnify and hold harmless ClickNet from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorneys’ fees) to third parties, relating to or arising from the use of the Service by you, your users, or others using your access, whether or not you know of or have authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where you or your users have used, connected, or combined the Service with the products or services of others), negligence, or tortuous behavior.



Acceptable Use Policy

This policy is a separate policy document and its terms and policies are included within the terms of this agreement.


Important Final Notes

·          If you wish to cancel or terminate the agreement you may do so at any time.