The undersigned customer (“Customer” or “You”) acknowledges requesting Syntrio Solutions, LLC (“Syntrio”) residential and/or business services. These Terms of Use, including any attachments hereto and any terms incorporated by reference herein (the “Agreement”) along with the applicable policies and additional terms which Syntrio makes You aware of, including those listedbelow, set forth Your obligations, the obligations of Syntrio, and the rules You must follow when using Syntrio services. Bysigning below, the Customer accepts the terms and conditions of purchased services (“Services”) stated in this Agreement.
If You are an entity, by accepting this Agreement, You confirm (through Your duly authorized representative) that You are a corporation, partnership, limited liability company or other legal entity duly formed (and incorporated if applicable) in goodstanding where required to do business with all legal authority and power to accept this Agreement; and You are also confirming that this Agreement constitutes a valid and binding obligation of Yours. If You are an individual, by accepting thisAgreement, You confirm You are a capable adult over the applicable age of majority (e.g. eighteen (18) years of age in most U.S. states and territories; nineteen (19) in Alabama and Nebraska; and twenty-one (21) in Mississippi and Puerto Rico); and You are also confirming that this Agreement constitutes a valid and binding obligation of Yours.
Your contract with Syntrio includes this Agreement and the following materials located on the Syntrio website found at syntrio.net(which are incorporated into this Agreement by reference and may be updated by Syntrio from time to time):
Please read this Agreement carefully to ensure that You understand each provision. This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to You in the event of a dispute.
Agreement Term:
Services shall be provided after this Agreement is signed on a 24 Months basis. Syntrio, in its sole discretion, reserves the right to change rates, terms, conditions, fees, surcharges, expenses, and programming without notice; however, Customerswith phone services will receive prior notice for any phone rate increases. New rates are effective at the beginning of the next billing cycle. All Services automatically renew on a month-to-month basis after the initial term unless Syntrio is otherwise notified. Some restrictions apply.
If Services are disconnected before completion of the Agreement term, the Customer agrees to pay a one-time early termination fee equal to the remaining value of the contract for all Business Services, and a one time $250 Flat Early Termination Fee for Residential Services. Month-to-month terms are excluded. Exceptions for early termination may be allowedin the sole discretion of Syntrio. If the Agreement expires, the Services shall be provided on a month-to-month basis at Syntrio’s then-applicable rates.
Equipment and Ownership:
Other than the equipment and/or software provided to You by Syntrio for use with the Services (collectively, the “ Syntrio Equipment ”), You must provide all equipment, devices and software necessary to receive the Services. Any equipment or software that was not provided to You by Syntrio, including batteries, is not the responsibility of Syntrio; and Syntrio will not provide support for, or be responsible for ongoing maintenance of such equipment.
Any Syntrio Equipment, including modems, routers, antennas or gateways, will be either a new or a fully inspected and tested refurbished unit. Syntrio will provide warranty for the equipment against workmanship and material defect during the initial 1-year period.
The Syntrio Equipment and any replacement thereof shall, always, be the sole and exclusive property of Syntrio. You shall have no rights or interest of any kind therein, except the right of use pursuant hereto and the Syntrio Equipment must be returned to Syntrio upon cancellation of Your account. The technology within the equipment is proprietary and will only work on the Syntrio network at the designated location. Syntrio Equipment should not be removed from the listed location without notifying Syntrio.
In the event that any Syntrio Equipment is damaged due to theft, malicious mischief, vandalism, lightning or other Act of God, or any other non-equipment related fault, the Customer’s account will be charged the replacement cost at the time of failure. Syntrio will repair or replace damaged Syntrio Equipment as Syntrio deems necessary and may charge You a fee for repair or replacement of such Syntrio Equipment. You understand that repair or replacement of Syntrio Equipment may delete stored content, reset personal settings or otherwise alter the functionality of such Syntrio Equipment. You will be responsible for payment of service charges for visits by Syntrio or its subcontractors to Your premises when a service request results from causes not attributable to Syntrio or its subcontractors, including, but not limited to, when You are unwilling to complete troubleshooting steps requested by Syntrio. If the Syntrio Equipment is damaged due to Your intentional acts or negligence as determined by Syntrio, You will be responsible for the price of repair or replacement.
Any tampering with the Syntrio Equipment, including, for example, opening and attempting to modify the Syntrio Equipment, or attempting to connect the Syntrio Equipment to other hardware, will be treated as damage due to Your intentional acts or negligence. You agree that You will use the Syntrio Equipment only for its intended use, and not for any other purpose (such as on another provider’s non-Syntrio network). You agree to use appropriate and reasonable care in using any and all Syntrio Equipment.
You agree to notify Syntrio immediately, in writing or by calling the Syntrio customer support line, if the Syntrio Equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide a detailed description of the circumstances of the theft, including documentation of theft or fraudulent use of the Syntrio Equipment or Services (such as a copy of a police report). You will be responsible for all charges incurred until you report the theft or fraudulent use. You will also be responsible for stolen Syntrio Equipment not owned by you, however, Syntrio may in its sole discretion waive or reduce charges upon submission of documentation of theft or other circumstances. Failure to provide notice to Syntrio of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by Syntrio, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your monthly fees for Services not stolen or fraudulently used.
Regardless of whether the equipment used to access Your Services (modem, gateway, or otherwise) is owned by You or Syntrio, Syntrio reserves the right to manage such equipment for the duration of Your Services and retains exclusiverights to data generated by the equipment.
Installation Fees:
Standard installation fee of $99.00 applies for a single connection, unless otherwise specified.
At the technician’s discretion, an additional non-standard installation fee will be charged at an hourly rate of $99 per hour plus
$50 per additional half hour for labor and $0.15 per foot of additional cable required. Such fees will not be waived.
Service calls requested by the Customer that are determined to be outside of Syntrio’s responsibility, will be charged $99.00 trip charge during normal business hours or $145.00 trip charge outside of normal business hours.
Syntrio Coins for Change:
Coins for Change is a program where Customers of Syntrio voluntarily round up their monthly bill, and that “spare change” is collected and distributed quarterly to local charities, organizations, and community groups. For example, if Your bill is $57.64 it will be rounded up to $58.00 and $0.36 will be donated! As Syntrio’s contribution, Syntrio will round up to the nearest hundred dollars of the total contribution from our customers.
Billing and Payment:
Customer is responsible for timely payment of all charges for Services furnished by Syntrio, including charges for Services originated or accepted at the premises. The Customer shall pay all charges for monthly Services in advance. For Services startedor ended during a month, Customer will be responsible for paying the cost of the Services incurred on a prorated basis. The Customer agrees to pay all applicable federal, state, local sales, use and excise taxes and fees calculated on each monthly statement in accordance with the law. Bills are due and payable upon receipt and are considered delinquent after the sixteenth (16th) day of bill issuance. If Your bill has not been paid within the sixteen (16) days allowed for payment, a suspension or disconnect notice will be sent to You. If payment is not received by the final date for payment set forth in such notice, Your Services will be subject to disconnection without further notice. Syntrio may impose late payment charges in its sole discretion.
I UNDERSTAND THAT MY FIRST MONTH BILLING WILL BE HIGHER DUE TO PARTIAL MONTHLY CHARGES. I WILL BE BILLED FROM THE DATE I CONNECTED TO THE END OF THAT MONTH AND THE NEXT FULL CURRENT MONTH.
Notices may be issued by email, posting online at www.syntrio.net, bill insert, regular mail, or by calling Your telephone number.Please ensure You have supplied Syntrio with all requested contact information. It is Your responsibility to check for such notices.
Syntrio offers both electronic invoices and paper invoices. Paper invoices may require an additional charge.
Syntrio does offer automatic draft payments to automatically deduct from Your checking or credit card. A separate authorization form must be filled out to be signed up for automatic draft.
Customers may create an online account to manage invoice delivery options and payments. Once an online account is created Customers can view invoices, pay their bill or even enroll in automatic draft.
Checks returned for insufficient funds or non-existent accounts are subject to a $25.00 return check charge. Customer must notify Syntrio of any disputed amounts. A reconnect fee, plus all current billing, must be paid to reestablish an account that has been disconnected for nonpayment.
Property Access:
The Customer hereby agrees to grant unto Syntrio the right to mount and install all required equipment on any structure necessary to provide Services. You will provide Syntrio and its subcontractors with reasonable access to Your premises in orderto install, maintain, and repair the Services, and You authorize any adult resident or guest at Your residence (each, an “Authorized User”) to grant access to Your premises for these purposes. You understand and agree that Syntrio may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces) in order to install, maintain, or repair the Services. You acknowledge that Syntrio may use existing wiring, including altering the wiring and removing accessories, located within Your unit.
If Customer does not own the property, an Access Form signed by the owner or manager of the property will be required to grant Syntrio the above stated access. The availability of any particular Services may depend upon the owner and/or manager of the location agreeing to grant Syntrio access to the location.
If the location to which Your Services are provisioned is in a multi-tenant environment (e.g., an apartment building, condominium, private subdivision or retail shopping center), provision of the Services may be subject to other terms and conditions imposed by the owner and/or manager of the location (e.g., a landlord, manager, or home owner’s association). You will need to refer to the owner/manager of Your particular location for more information regarding any specific terms which may apply.
THE CUSTOMER AGREES TO HOLD SYNTRIO HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LIABILITIES, CLAIMED ON ACCOUNT OF, OR IN ANY MANNER PREDICATED UPON LOSS OF OR DAMAGE TO PROPERTY WHATSOEVER, IN ANY MANNER CAUSED OR CONTRIBUTED TO BY AN EMPLOYEE OR CONTRACTOR OF SYNTRIO, WHILE IN, UPON OR ABOUT THE PROPERTY SITE ON WHICH THE PROPERTY IS LOCATED AND THE PROPERTY ITSELF, OR WHILE GOING TO OR DEPARTING FROM SUCH AREAS; AND TO SAVE SYNTRIO HARMLESS FROM AND ON ACCOUNT OF DAMAGES OF ANY KINDWHICH MAY SUFFER AS THE RESULT OF THE ACTS OF AN EMPLOYEE OR CONTRACTOR OF SYNTRIO WHILE IN OR ABOUT THE SAID PROPERTY. WITHOUT LIMITING ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU AGREE TO INDEMNIFY SYNTRIO FROM AND AGAINST ALL CLAIMS BY AN OWNER, LANDLORD, BUILDING MANAGER, TENANT OR OTHER PARTY IN CONNECTION WITH INSTALLATION, MAINTENANCE, REPAIR, OR PROVISION OF THE SERVICES.
Power and Battery Backup:
Syntrio Equipment may require electrical power from Your premises to operate, which You are responsible for providing. If there is a gateway at Your premises, Syntrio will not provide an initial gateway battery backup unit or an initial backup battery. Any backup battery solution is Your responsibility. You may choose to purchase battery backup for Your Syntrio Equipment from third party manufacturers or retailers.
You also agree to be solely responsible for determining when backup batteries for any Syntrio Equipment require replacementand for replacing and recycling used batteries. You agree to read and follow all manufacturer or vendor directions for the replacement and recycling of backup batteries.
NOTE THAT SYNTRIO EQUIPMENT WILL NOT FUNCTION WITHOUT BATTERY BACKUP IN THE EVENT OF A LOSS OF CUSTOMER-SUPPLIED POWER. THIS WILL DISRUPT YOUR SERVICE AS WELL AS ANY ADDITIONAL SERVICES THAT REQUIRE AN INTERNET CONNECTION TO OPERATE PROPERLY. SYNTRIO WILL HAVE NO LIABILITY FOR LOSS OF ANY SERVICE(S), WHETHER PROVISIONED BY SYNTRIO OR A THIRD PARTY, IN THE EVENT OF INTERRUPTION OF CUSTOMER-SUPPLIED POWER, WITH OR WITHOUT BATTERY BACKUP PRESENT IN THE SYNTRIO EQUIPMENT.
For more information on battery backup – see Appendix below.
Termination:
All sums and charges then due and payable at time of termination shall become immediately due and payable to Syntrio. Syntrio may refuse or terminate Services to Customer for nonpayment of bills, violation or noncompliance with any provision of law, federal or state regulations, and for excessive or improper use of Services.
Syntrio may immediately terminate or suspend all, or a portion of, Your Services without notice for any of the reasons set forth in this Agreement, or if: (a) You provide false or inaccurate information to Syntrio; (b) You (or anyone You permit to utilize theServices) violate this Agreement; or, (c) You (or anyone You permit to utilize the Services) engage in conduct that is a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws).
If the Services are disconnected for any reason, all Syntrio Equipment must be returned within twenty (20) days of disconnection, or the Customer will be required to pay equipment cost for all Syntrio Equipment. Any unreturned equipment cost will be automatically charged to Your account and/or credit or debit card authorized on account. All Syntrio Equipment is the property of Syntrio.
Disclaimer of Warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASISWITHOUT WARRANTIES OR GUARANTIES OF ANY KIND. SYNTRIO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE EQUIPMENT AND ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY NECESSARY REPAIR.
SYNTRIO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHERMATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATION, (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED AND (vi) THE SERVICES IS FREE OF VIRUSES OR OTHER DISABLING DEVISES OF HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SYNTRIO OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability:
Syntrio assumes no liability associated with the use of the Services, Syntrio Equipment, or the installation process. This includes, but is not limited to, attached Customer-owned equipment. Syntrio is not responsible for damage to Customer-owned equipment caused by acts of God, including, but not limited to, damage caused by lightning and/or electrical power surges. Syntrio assumes no liability or responsibility for the operation, maintenance or repair of the
Customer’s television set, computer or other peripheral equipment. Computers, televisions and any other Customer-owned equipment is not covered under inside wire protection or by this Agreement. If the Customer’s equipment breaks or fails to work during installation or a service call while the service technician is exercising reasonable care, the Customer releases Syntrio from all liability or cost of repairs. In no event, shall Syntrio be responsible for incidental damages.
You expressly understand and agree that neither Syntrio nor its subsidiaries, affiliates, officers, employees, agents, partners orlicensors will be liable to You or any third party for any incidental, special, consequential or exemplary damages, whether based upon breach of warranty, breach of contract, negligence, strict tort or any other legal theory, and whether or not such damage was foreseeable or Syntrio is advised of the possibility of such damages, including but not limited to damages for loss of profits and/or profits, goodwill, use, data or other intangible losses (even if Syntrio has been advised of the possibility of such damages), resulting from; (a) the use or the inability to use the Services and/or the Syntrio Equipment;
(b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of Your transmission ordata; (d) statements or conduct of any third party on the Services; (e) failure to insure the compatibility of Your system (including the equipment, devices, and software that You provide to receive the Services), (f) any other matter relating to the Services and/or battery backup.
Notwithstanding the above limitations, Syntrio’s liability shall be limited to the cost of Services provided during the term of this Agreement, immediately prior to the first occurrence or the applicable damages, losses, fees, charges, expenses and/or liabilities.
Operational Limitations:
Syntrio’s provision of the Services is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Services may occur as normal events in the provision of the Services and that Syntrio is not liable for such interruptions. You further understand and agree that Syntrio has no control over third party networks you may access in the course of your use of the Services, and therefore, delays and disruptions of other network transmissions are beyond the control of Syntrio. In addition, Syntrio is not liable for any failure of performance due to any cause beyond their reasonable control including acts of God, fire, explosion,vandalism, terrorism, cable cut, major weather disturbance, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, any law, order, regulation, direction, action, or request by any government, civil or military authority, or suspension of existing service in compliance with state and/or federal law, rules and regulations, or delays caused by You, Syntrio Equipment, or your equipment.
Indemnification:
Syntrio, its subsidiaries, affiliates, and each of their respective owners, directors, employees, officers, and agents will not beresponsible for any third-party claims against Syntrio that arise due to or arising out of Customer’s use of the Services, out of content You submit, post, transmit or otherwise make available through the Services, Your use of the Services, Your connection to the Services, and/ or Your violation of this Agreement. Customer further agrees to defend, hold harmless, and indemnify Syntrio against any such claims and to pay, without limitation, all litigation costs, reasonable attorneys’ fees andcourt costs, settlement payments, and any other damages awarded or resulting from any such claims.
You acknowledge that You are responsible for all use of the Services using Your account, and that this Agreement applies to any and all usage of Your account. You agree to abide by these terms and You agree to defend, hold harmless and indemnifySyntrio from and against any and all claims stemming from usage of this account, whether or not such usage is expressly authorized by You.
Dispute Resolution by Binding Arbitration:
Syntrio and You (“We ”) agree to resolve all disputes between us through binding private and confidential arbitration (“Arbitration ”) in Fort Worth, Texas conducted in accordance with the Judicial Arbitration and Mediation Services (“ ”) Comprehensive Arbitration Rules. A single arbitrator engaged in the practice of law,who is knowledgeable about thJeAMS subject matter of the contract, shall conduct the Arbitration. The arbitrator has no authority to award any indirect,
incidental, special, reliance, exemplary, punitive, or consequential damages, including damages for lost profits. Except for misapplication of law, the arbitrator’s decision shall be final, binding, and enforceable in a court of competent jurisdiction.
This agreement to arbitrate is broad, and includes disputes of any type between Syntrio (including its subsidiaries, affiliates,agents, predecessors, successors, and assigns) and You (including authorized or unauthorized users/beneficiaries of services or devices) under this or prior agreements. We agree that We are waiving the right to a trial by jury, to participate in a class action, or to seek remedies beyond the extent necessary to provide individualized relief to, and affecting only, Syntrio or You alone. WE AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC.
Except for matters relating to the scope and enforceability of the arbitration provision or the interpretation of the limitations on class, representative, private attorney general, and non-individualized relief, all issues are for the arbitrator to decide.
A party seeking arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice ”). Notice to Syntrio must be addressed to: PO Box 2128, Vernon, Texas 76385. The Notice must (a) describe the basis of the claim or dispute; (b) describe the specific relief sought (“Demand ”); and (c) provide Your contact information. If We do not resolvethe claim within thirty (30) days after receipt of the Notice, either of us may commence arbitration. The amount of any settlement offer made by Syntrio or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount of any award on the merits.
Customer Proprietary Network Information (“CPNI”):
Under federal law, You have the right, and Syntrio has the duty to protect the confidentiality of information about Your telecommunications services. Your information includes the types of Services You use, how You use these Services and related billing for these Services.
Without further authorization from You, Syntrio is allowed to use Your information about Services You have already purchasedfrom Syntrio to create products, services and discounts to meet Your needs or to advise You of products that may be of interest to You.
If You wish to restrict Syntrio from using or disclosing Your information, You may contact our office at (888) 886-2217 or write to us at PO Box 2128, Vernon, Texas 76385, at any time. If we do not receive notification from You within thirty (30) days of receiving this notice, we may use Your information to offer You products and services that You may find valuable based on Your existing Services. You may change Your decision at any time, and there is no charge to You for electing to restrict Your information. Restricting Your information will not affect the Services You currently receive from Syntrio.
Even if You choose to restrict Syntrio’s use of Your information, You may receive marketing information developed without using Your confidential information, and we may use Your information to market services to You if You call us. Your election is valid until You affirmatively revoke or limit it. You are free to contact us at any time about our products and services.
Anti-Discrimination Policy
Syntrio Services are provided without discrimination as to a Customer’s race, color, sex, nationality, religion, marital status, income level, source of income, or from unreasonable discrimination on the basis of geographic location.
Copyright Infringement/Repeat Infringer Policy:
Syntrio respects the intellectual property rights of third parties. Accordingly, You may not store any material or use Syntrio’s network, systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, it is the policy of Syntrio to suspend or terminate, in appropriate circumstances, the Services provided to any user oraccount holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights.
In addition, Syntrio expressly reserves the right to suspend, terminate or take other interim action regarding the Services of any user or account holder if Syntrio, in its sole judgment, believes that circumstances relating to an infringement of thirdparty intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Syntrio may have under law or contract. If You believe that copyrighted material has been used in violation of this policy or otherwise been made available on the service in a manner that is not authorized by the copyright owner, its agent or the law, You may contact our designated agent as follows:
Marjorie Spivak
Womble Bond Dickinson (US) LLP
2001 K Street, N.W., Suite 400 South, Washington, DC 20006
Phone: 202-857-4538
Fax: 202-261-0079
Email: [email protected]
DMCA Copyright Notifications:
Syntrio will process notifications of claimed infringement under the DMCA, as long as such notifications are in writing and provided to the designated agent, and substantially comply with the requirements of the DMCA. Upon receipt of such writtennotification from the complaining party, Syntrio will remove or disable access to the material that is claimed to be infringing. In accordance with the DMCA, Syntrio will take reasonable steps to forward the written notification to the allegedly infringing subscriber to notify the subscriber that Syntrio has removed or disabled access to the material.
DMCA Counter Notifications:
If a notification of claimed infringement has been filed against You, You can file a written counter notification with Syntrio’sdesignated agent (listed above). All counter notifications must substantially comply with the requirements of the DMCA. Upon receipt of an appropriate written counter notification from the Customer, Syntrio will provide a copy to the complaining person informing them that Syntrio will replace the removed material or cease disabling access to it in ten
(10) business days, unless Syntrio’s designated agent receives notice from that person of the filing of an action seeking a court order to restrain the Customer from engaging in the infringing activity relating to the material on Syntrio’s system ornetwork.
Customer Contact Information:
Any notifications sent by Syntrio to You will be in writing and sent by e-mail to Your email address of record or sent to Your mailing address of record. You are responsible for promptly providing notification to Syntrio of any change in contact information.
Syntrio may, but is not required to, monitor Your compliance, or the compliance of other Customers, with this Agreement. You acknowledge that Syntrio shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the network, including but not limited to content that violates the law.
Changes to the Service:
Syntrio reserves the right to modify or discontinue Services, temporarily, or permanently. Syntrio will provide You with notice of material change either via the email address or mailing address that You provided.
Additional Terms:
This Agreement governs Your use of the Services, superseding any prior agreement between You and Syntrio with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Syntrio or affiliate services, third-party content or third-party software. The failure of Syntrio to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by arbitration or a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court or arbitrator, as applicable, should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this agreement. You agree that regardless of any statute of laws to the contrary, any claim or cause of action arising out of or related to use of the Services or thisAgreement must be filled within one (1) year after such claim or cause of action arose or be forever barred. We can assign all or part of Syntrio rights or duties under this Agreement without notifying You. You may not assign this Agreement or theServices without the prior written consent of Syntrio. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
Survival:
Obligations and rights in connection with this Agreement, which by their nature would continue beyond the termination, cancellation or expiration of this Agreement, will survive the termination, cancellation or expiration of the Agreement, including, but not limited to those in the following sections: Equipment and Ownership, Billing and Payment, Limitation of Liability, Indemnification, and Dispute Resolution by Binding Arbitration.
TERMS OF USE APPLICABLE TO INTERNET SERVICE:
You understand that local conditions, such as the condition of wiring inside Your home or business, theuser’s distance from Syntrio’s equipment, user’s device configuration, other internet traffic, and set server speed of websites accessed will affect the performance of Your internet connection. Syntriocannot guarantee specific speeds. Syntrio strives to provision up to the maximum speed required tosupport Services, but actual speeds will vary. Syntrio reserves the right to limit bandwidth utilizationand the size of incoming and outgoing emails pursuant to its acceptable use policy.
Disclaimer of Warranties:
Syntrio does not warrant the uninterrupted or error-free operation or provision of Services. Except as specifically set forth in this Agreement, Syntrio hereby disclaims all representations and warranties, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. The Services may become unavailable due to any number of factors, including, without limitation, scheduled or unscheduled maintenance, technical failure of the software, telecommunications infrastructure, or the unavailability or interruption of access to the Internet.
The condition of the wiring inside Customer’s home or business over which Syntrio internet Services are transmitted within Your premises will impact the performance of the internet Services, including with respect to speed, reliability and latency. The Customer is solely responsible for the condition of any wiring inside the Customer’s home or business and Syntrio expressly disclaims any responsibility thereto. If wiring inside the Customer’s home or business is provided by Syntrio, upon completion of installation You will have full ownership and responsibility for such wiring. Unless expressly agreed in writing to the contrary, Syntrio makes no warranty to the Customer or any other party for any work or materials constituting or associated with any wire inside the Customer’s home or business. Syntrio expressly disclaims any warranty of merchantability or fitness for a particular use, and Syntrio has no responsibility to maintain, update, repair, replace,
de-install, or remove any wire installed in the Customer’s home or business.
Customer acknowledges and agrees that there are limited technical means available to provide privacy and security on the Internet. To the extent legally permitted, Syntrio will not disclose the contents of private files to third parties without Customer’s written permission or a court order or subpoena. However, Syntrio reserves the right to inspect electronic mail if necessary, to debug electronic mail software or to reroute electronic mail that has been misaddressed or misrouted.
System administration tasks may also expose the contents of Customer’s files to Syntrio personnel. For your part, Customer recognizes that there are unscrupulous people who know how to circumvent system security. Accordingly, Customer agrees to guard its passwords carefully, move private and important files to its own system if possible, and You will not send by electronic mail or keep online anything that You does not want read.
Syntrio will cooperate with law enforcement officials and with other system administrators in the legitimate investigation of suspicious activity. Intentional violations of privacy of other users by Customer, whether on the Syntrio system or at another site, will be grounds for immediate termination of the Services and may make Customer subject to civil or criminalpenalties.
Syntrio reserves the right to immediately terminate service of any Customer who jeopardizes the efficiency of the system by sending unsolicited commercial e-mail or any form of abuse.
Customer acknowledges that by its nature, use of the Internet means that certain information about Customer, and Your activities will be visible to other users through well-known system commands. Accordingly, such information will be treated as public information. This includes Customer’s name, the fact that Customer has an account, when and for how long Customer is logged in, and the commands Customer runs.
By providing the Services, Syntrio does not control or edit the content of any material placed on the Internet by its Customers or any third parties, nor does it in any way control, limit or edit the material or its content which Customers may access or become exposed to on the Internet. Customer is solely responsible for any information which You place on the Internet, which You access on the Internet or which You use through the Services. Customer is solely responsible for the legality of any such information or the access or use thereof. Some information accessible on the Internet may be offensive either because of its content (including sexually explicit material), or the language used in expressing ideas.
Customer is solely responsible for choosing to read or view any material it accesses on the Internet.
The Services may permit access to products, services, websites, advertisements, and content
(“ Third Party Content and Services “) from advertisers, publishers, vendors and other third parties (“Third Parties ”). Your use of Third Party Content and Services may be subject to additional terms of use set by the Third Parties. Your use of third party content and services is at your sole risk and discretion. Syntrio does not investigate, monitor, represent, endorse or publish the Third Party Content and Services. Furthermore, Syntrio does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any Third Party. Syntrio reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Services. Syntrio shall have no liability to you arising out of or in connection with your access to and use (or misuse) of the Third Party Content and Services.
Syntrio expressly disclaims any and all liability from all claims for damages arising out of, or claimed to arise out of, encountering any such material.
The Service may only be used for lawful purposes. Some material available on the Internet may be copyrighted or constitute a trade secret, and some material may have been placed on the Internet in violation of U.S. or other copyright laws. Customer is solely responsible for determining the legal status of any intellectual property it uses or duplicates using the Services. Traffic in access codes, credit card numbers or similar information is unlawful. Any use by Customer of the Services for unlawful purposes will constitute grounds for Syntrio to discontinue Customer’s Services.
All use of the Service must conform to the restrictions associated with Customer’s account and as set forth herein. Syntrio reserves the right to terminate the Services if Customer violates such restrictions.
The sharing of passwords or accounts is strictly prohibited, and violators are subject to the cancellation of such Customer’s Services without prior notice. The resale of the Services or any other associated services by any and all means is restricted unless approved in advance in writing by Syntrio.
Customer is responsible for all actions it takes or cause to be taken in connection with Your use of the Services. As a condition of the Services, the Customer agrees to indemnify and hold harmless Syntrio and their respective officers, board members, employees, and agents from any claim or cause of action by Customer or any third party for any damages arising out of, or claimed to arise out of, Customer’s use of its account, or the use of such account by any person whatsoever, to access the Internet or any information thereon.
Customer may cancel your Services at any time; provided, that an early termination fee may apply. Customer will be responsible for paying the cost of the Services incurred on a prorated basis. Syntrio may terminate the Services at any time upon any violation by Customer of any of the terms and conditions contained herein.
The Internet may contain viruses, which if not eliminated, may destroy parts or all of the data contained in Your computer. Syntrio has no control over the existence or elimination of any such viruses. It is Customer’s sole responsibility to provide its own mechanism for checking its computer system for viruses obtained through the Services. Further, Customer agrees not to introduce any virus onto the Internet system or Syntrio’s hosts. Further, Customer will hold Syntrio harmless from, and indemnify Syntrio for, any damages associated with such viruses.
TERMS OF USE APPLICABLE TO TELEPHONE & LONG DISTANCE SERVICES:
Syntrio telephone service will be provided for any new residential or business customers or any existing customer requestingnew Syntrio telephone service. Service includes unlimited local calling and tone dial service. All dial around or any toll charges, operator and directory assistance charges will be the responsibility of the customer at tariff rates.
Customer acknowledges that this agreement is subject to all applicable federal and state laws, rules and regulations, and Syntrio published rates. Rate and service information is available at our office in Vernon, Texas. Rates are subject to change at any time. Customers will receive prior notice for any rate increases.
Customers may subscribe to Syntrio 48 States Long Distance Plan through Syntrio (“Syntrio Long Distance ”). Syntrio Long Distance plans apply only to domestic direct-dialed calls. Calling card calls, collect calls, operator assisted calls, third number calls, directory assistance and international long distance not included in any Syntrio Long Distance Plan. Calls not included within a plan will be billed at tariff rates located in the Syntrio tariff.
Syntrio Long Distance cannot be used for long distance access to the Internet or data services including, but not limited to, incoming 800 calls, 900 or 976 numbers. Other restrictions may apply. Excessive use will result in removal from the Syntrio 48 States Unlimited Plan.
Billing is month-to-month, and rates are subject to change. Call record details may be billed as bulk, blocked or otherwise unavailable for billing.
LETTER OF AGENCY
By signing below, Customer is authorizing Syntrio to become its new telecommunications carrier, for the provision of eachof the services listed below, as of this date. Customer understands that there is no charge to change its preferred carrier(s). If Customer wishes to return to its current preferred carrier(s), Customer may be required to pay a reconnection charge. Customer also understands that its new preferred carrier(s) may have different calling areas, rates and charges than its current preferred carrier(s), and that by signing below Customer indicates that Customer understands these differences (if any) and is willing to be billed accordingly. Customer authorizes Syntrio to act as its agent for the preferred carrier change(s).
Customer certifies that Customer it has read and understands this Letter of Agency; Customer further certifies that Customer is at least eighteen years of age, and that it is authorized to change the preferred carrier(s) for services to the telephonenumber(s) listed above. By signing this authorization, the Customer acknowledges it has read and understands and agrees with the terms and conditions specified in this agreement.
PREFERRED CARRIER FREEZE AUTHORIZATION
Customer hereby requests and authorizes Syntrio to freeze the preferred Carrier on its account on each of the followingservices as of this date. Customer understands it will not be able to change its carrier selections unless it lifts the freeze. Customer understands there is not a charge to initiate and terminate this service, and that there will be a charge to change carriers.
Backup Power for Phone Service:
For many years, Your home phone would allow you to stay connected to emergency voice services during a power outage. However, many of today’s advanced home phone services require backup battery power to continue functioning during an outage. To avoid a disruption of home voice service during an outage – and to maintain the ability to connect to 911 emergency services – Syntrio offers You the option of purchasing backup power for Your home phones.
What Your battery Can – and Can’t – Do for You
Syntrio’s backup batteries for telephone allow You to continue to use Your home voice services during a power outage. Without a backup battery or alternate backup source such as a generator, Customers will not be able to make any calls, including emergency calls to 911. The only way to maintain the ability to use Your phone is by using some form of backup power. Syntrio’s backup battery does not provide power to home security systems, medical monitoring devices, television sets, cordless telephones and/or other equipment.
Expected Backup Power Duration
Backup batteries are expected to last at least 8 hours of normal use. Talk time will be limited and decreases as usage increases. If You feel that is not enough time, You may extend your standby power by purchasing a 24-hour battery or additional 8-hour batteries.
Purchase and Replacement Options
If You are concerned about being able to contact 911 emergency services during a power outage, a backup battery may be a good option for you. You can lease a backup battery directly through Syntrio. An 8-hour back up battery costs $5.00 per month and a 24-hour backup battery costs $15.00 per month. While You are leasing a backup battery from Syntrio, Syntrio will replace the battery at no charge to You if it malfunctions due to a defect or normal wear and tear. There could be a trip charge if You choose to take an 8-hour or a 24-hour backup battery after services have been installed that result in a technician coming back to Your location.
You can purchase a backup battery out right from Syntrio. The 8-hour battery is approximately $135.00, or a
24-hour battery is approximately $405.00. These batteries come with a 1-year warranty against defects and normal wear and tear. As with the lease option; there could be a trip charge if You request for a technician to install the battery at Your location.
If You have any questions or simply want to purchase a backup battery through us, please call 1-888-886-2217, or go to Your local office. You can also purchase a backup battery through many of Your local retailers or on-line. Any standard backup battery that puts out 120 volts should work with Syntrio’s Services.
*Some restrictions apply. Depending on area a backup battery may be provided at no cost. Prices subject to change.
Instructions for Proper Care and Use of Your Battery
These batteries are rechargeable. They will not last forever; life expectancy is two (2) to five (5) years, or when Your device starts to make a loud beeping sound. That sound means that the battery is depleted and must be replaced.
Please contact Syntrio when your battery starts beeping or the “battery fail” light is red or orange so that we can get your battery replaced. If You purchased the backup battery out right, you will need to purchase a new one. See the instructions above for purchase and replacement options. For most batteries, it is ideal to keep them at room temperature. However, some Customers have a battery that can function in a more extreme environment, i.e. outside/in garage, these devices should only be moved or modified by Syntrio. If You purchased Your battery, please follow the more detailed instructions included with Your battery for proper use, storage and care to ensure that it will function as needed during a power outage. You can also periodically, as described in the instructions included with Your battery, remove and test your battery to verify both the operation of the backup battery and its condition. One simple test is to unplug battery from electrical outlet and check Your service. If Services do not work, then your battery needs to be replaced.
30-day Satisfaction Guarantee:
During the first thirty (30) days of service, if You are not completely satisfied with the Services, You may cancel Your Services and receive a full refund. Refund will be issued only after the return of Syntrio Equipment in good condition. It is Your responsibility to return the Syntrio Equipment and to pay for the return shipping charges. If the equipment is not returned within twenty (20) days after cancellation You will be responsible for the full cost of the Syntrio Equipment.