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Wireless Internet Terms and Conditions – Usage Agreement
Customer’s use of Bertram Wireless Internet Services constitutes Customer’s
acceptance of the following Bertram Wireless Terms and Conditions (the
“Usage Agreement”). Customer (hereby defined to include any person or entity
utilizing any service of Bertram Communications, LLC (d/b/a Bertram
Wireless, Granite Wireless and Bertram Broadband – all collectively “Bertram
Wireless” or “Provider”, used interchangeably). Conferred rights and
benefits thereof are non-transferable. Use of the Bertram Wireless network
and services (collectively “Services”) is expressly limited to Customer.
LIMITATION OF LIABILITY
ALL SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE,
TITLE, OR NONINFRINGEMENT. IN NO EVENT WILL BERTRAM WIRELESS BE LIABLE TO
YOU FOR ANY ALLEGED LOST PROFITS, LOST SAVINGS, OR ANY OTHER DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING
OUT OF YOUR USE OR INABLITY TO USE SERVICES PROVIDED HEREUNDER, EVEN IF
PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBLITY OF ANY SUCH DAMAGES, AS ANY
AND ALL LIABILITY IS HEREBY EXPRESSLY RENOUNCED.
The Services may only be used for lawful purposes and in a manner consistent
with any and all applicable local, state, federal, and/or international
laws. Customer shall not use Provider’s Services to transmit any material
that violates or infringes upon any copyright, trademark, patent, statutory,
common law, trade secrets or proprietary rights of others, or contains
anything obscene, objectionable, or libelous, as any such usage is
prohibited. Customer hereby agrees to fully indemnify, defend and hold
harmless Provider from and against any claims or damages (including
reasonable attorney fees) resulting from Customer’s use of Service which
damages Customer or any other party. Violation of any of these Terms and
Conditions may also cause irreparable injury to Provider, and that, in
addition to any other available remedies, Provider shall be entitled to
obtain injunctive relief against Customer without the necessity of proving
any actual monetary damage.
Use of the Services for (1) bulk and/or unsolicited email, commercial or
otherwise; (2) spamming, computer-hacking, or “War Driving”; (3) software
distribution, cross-posting messages to more than 10 external email
addresses or websites, and/or as an advertising medium; (4) to promote or
solicit competing Internet services without the express written permission
of Provider in advance; and/or (5) any other improper or illegal purpose, is
strictly prohibited and shall be cause for immediate account closure and
termination of Services, with or without notice by Provider. Bulk email is
defined as the same or similar email messages sent to more than 25
recipients. Bertram Wireless must be notified in advance of any intended
bulk distribution of solicited email materials. Pings, bots, and auto
checkers used to keep connection running are prohibited. Customer agrees to
use only the email address confirmed at time of signup for the “Return”
and/or “Reply-To” Internet email address. The use of a “Fake” email address,
email address belonging to another Internet user, or no email address as a
“Return” and/or “Reply-To” internet email address is prohibited, and such
use shall be cause for immediate account closure and termination of Services
with or without notice. Customer agrees to utilize appropriate protocols for
all data transmissions. Provider’s Services may not be compatible with, nor
does Provider support, VOIP applications, and Customer assumes all risk
associated with the same; Provider does not recommend that Customer rely on
wireless internet or VOIP for emergency contacts (such as 911 calls), as
Provider cannot guarantee, and hereby expressly renounces, the reliability
of such wireless internet services. In addition, Provider’s POP3 server is
not intended as a permanent mail storage facility; as such, any email box
storing messages for periods exceeding 30 days will be subject to storage
fees and /or email box content deletions by Provider with or without notice.
Provider assumes no responsibility at any time for any malfunctioning,
deleted or lost mail and/or attachments. Customer shall be liable for any
and all costs, including reasonable attorney fees, incurred by Provider as a
result of Customer’s violation of any of these terms and conditions; this
includes but is not limited to costs and attorney fees resulting from
Provider’s responses to complaints from, and clean-up for, unsolicited
commercial mailing, unauthorized bulk mailings, and/or server violations;
for any such matters, Customer shall be charged at Provider’s current hourly
rate of $145.00 (U.S. Currency), and in all instances there shall be a
minimum charge of (1) hour to Customer. Use of programs such as packet
sniffers, hose and/or service monitoring and other similar programs is
prohibited. Provider monitors all Services from time-to-time. Customer is
solely responsible for his/her/its account(s) and the confidentiality of
password(s). Provider will suspend or change access to Customer Accounts
upon written notification by Customer that passwords have been lost, stolen,
or otherwise compromised – Provider may assess a reasonable fee for this
service. For purposes of network use, Business Accounts shall be those
created and used by a Sole Proprietor, Partnership, Corporation, Limited
Liability Company or any other entity engaged in an active “Business
Enterprise”. Personal Accounts are those created and used by an individual
for personal use, research, and recreation. All account activations require
the disclosure of intended use, be it business, home business or personal,
and any misrepresentation of account purpose shall be cause for immediate
account closure and termination of Services with or without notice. Unless
otherwise expressly authorized by Provider, the resale, transfer, or trade
of any Bertram Wireless Account and/or Services is strictly prohibited.
Neither Bertram Wireless nor any of its agents, shareholders, directors,
officers, employees, representatives, insurers or information providers
shall be responsible for any damages arising from Customer’s use of, or
inability to use, the Services. There is no guarantee of message delivery.
Email returned receipts may be requested, but there is no guarantee that the
recipient’s mail system will process or even acknowledge these requests.
Provider is not responsible for any Customer files or data residing on
Provider’s network; Customer is solely responsible for independent backup of
all such data. Provider cannot, and does not, exercise any control
whatsoever over information passing through its network or through the
internet. Due to the potential threat of viral or other nefarious
attachments, Provider strongly recommends the practice of safer computing to
protect against these threats. Provider is in no way responsible for any
data loss or damage arising from viral infection from the Services, network
or internet. Customer undertakes browsing and downloading of internet files
at his/her/its own risk. Provider recommends Customer consult with a
computer vendor, systems analyst, consultant, and/or management information
systems personnel to determine the appropriate protection program best
suited to Customer’s needs. Customer is hereby warned that some internet
sites accessible via Provider’s network allow posting, retrieval, and/or
electronic mailing of materials that may be considered obscene or
objectionable. Provider is not responsible for inadvertent or deliberate
access to such materials and cannot prevent access to such material.
Provider recommends Customer closely monitor use of his/her/its account,
especially in the case of potential use or misuse by minor children.
Accounts for minor children must be opened by a parent or legal guardian
upon such party’s express consent.
Provider, in its sole and absolute discretion, may immediately suspend or
terminate Customer’s access to Services upon any breach of any of the Terms
and Conditions by Customer, including but not limited to refusal or failure
to timely pay for services provided or disruptive on-line behavior. Provider
reserves the right, in its sole and absolute discretion, to delete any
information entered by Customer into Provider’s computer system. Provider
retains the right, but no obligation, to review, accept, and/or reject
publicly viewable information. Provider may delete Customer’s personal
files, including but not limited to personal Web page(s) and email, for
which a storage fee has not been paid or have not been accessed within the
prior 30 days. Provider may terminate access to Services for any Customer
Account(s) which has/have been inactive for 6 months or longer. Provider
may, in its sole and absolute discretion, refuse or terminate Services to
any person or entity, for any reason or no reason, with or without notice.
Customer is solely responsible for all equipment necessary to connect to
Provider’s network and use the Services. Any equipment furnished by Provider
to Customer shall become the sole property and responsibility of Customer;
notwithstanding the foregoing, upon termination of this Agreement for any
reason, Provider shall have the Option to buy back such Provider-furnished
equipment in working order from Customer for the sum of One Dollar and
Zero/100’s ($1.00). If the Provider-furnished equipment is not returned in
working order the customer will be charged $375.00. Customer is solely
responsible for any damage to such equipment or software, whether caused by
weather, ice, snow, hail, other natural causes, abuse, vandalism or
otherwise. Provider may repair or replace any equipment or software under
warranty, if applicable and provided the damage or malfunction arises out of
normal usage. If the radio is not able to be repaired through warranty and
Customer does not have the assurance plan, the Customer will have to pay
$375 to receive a new radio. If the Customer has the assurance plan, they
will have to pay a $30 deductible and will receive new equipment. (See
specifics under policies listed on website). Provider will (at no charge to
Customer) diagnose and repair any network related problems that cause a
disruption in service up to the point at which Provider’s furnished
equipment ends. Provider is not responsible for any Customer-installed
equipment such as but not limited to computers, home networking equipment,
printers, storage devices, and other peripherals/devices. Should Customer
request Provider furnish any installation or repair services for
customer-owned equipment, Customer will be charged Provider’s then
prevailing/posted service rates depending on the type of service performed.
Provider utilizes the latest security technology provided by applicable
equipment manufacturers for wireless communications but in no way
guarantees, and hereby expressly renounces, such wireless security or the
Provider reserves the right to change Services with or without notice
including but not limited to pricing access procedures, hours of operation,
menu structures, commands, documentation, and the extent of services
offered. Notice of modification to these Terms and Conditions will from
time-to-time be published on Provider’s Web Page. Customers are strongly
encouraged to review the current Terms and Conditions on a regular basis.
Customer’s use and enjoyment of Services following such notice (which shall
be deemed given upon publication on Provider’s Web Page) shall constitute
Customer’s acceptance of such Terms and Conditions, however modified.
Customer understands that Services may be interrupted from time-to-time for
numerous reasons, including but not limited to malfunctions, maintenance,
and improvements or as required to protect network resources in the event of
malfunctions or misuse, or extreme weather; Customer acknowledges and
consents that advance notification of the foregoing may not be provided.
Provider shall not be liable for any delay in or failure to provide Services
caused by circumstances beyond its control such as those occasioned by acts
of God or other causes of which it could not have reasonably foreseen any
other cause which similarly impedes the providing of service. Customer shall
be entitled to no refunds or credits for scheduled or unscheduled
interruptions in the Services, which are provided “as is” with no warranties
or representations of any kind. Provider, in its sole and absolute
discretion, may impose limits or controls on speed of access to network
resources by type, IP or other identifying method in order to maintain fair
and high quality access to all subscribers.
Customer bears the sole responsibility to timely pay the monthly Services
fees when due. Bills will be sent by e-mail to the Customer’s designated
home or business address. It is Customer’s sole responsibility to have a
valid and functioning e-mail address on file with Provider. On-line billing
is available if set up in advance by Customer with Provider. Customers must
timely pay their monthly Bertram internet bill by cash, check, credit or
debit card (Master Card, Discover or Visa), or ACH (Automated Clearing
House; direct withdrawal from checking or savings account) only. In the
event Customer’s credit card or similar mode of payment is stolen, lost, or
misplaced, Provider shall not be responsible for any charges that accrue for
any reason. NOTE: Customer must provide new credit card information upon
expiration of a credit card, even if the account/card number remains the
same. Payments made by Check, via personal or bank Echecking/Electronic
payment, will require an additional $2.00 fee, each time
a check is presented. A penalty fee of $45.00 will be assessed on all
returned checks or for insufficient ACH funds; a $20.00 fee will be assessed
for each rejected credit/debit card authorization, which is declined for any
reason. ACH payments will post to Customer’s bank account between one (1)
and fourteen (14) days after presentment. Provider shall not be liable for
presentment errors. Services will be billed on a monthly basis. Payment in
full for Services must be received by the 11th day of each month. If full
payment is not received by the 11th day of each month, Customer’s account
may be deemed delinquent, Services suspended or terminated and Customer’s
account closed, at Provider’s sole and absolute discretion with or without
notice to Customer; in such instance, Provider may require a reconnection
fee of $25.00, and a late payment charge equivalent to 18% per annum may be
assessed. Failure by Provider to assess any such fees or late charges shall
not constitute Provider’s waiver of the same. Customer shall be responsible
for all costs of collection, including reasonable attorney fees and
collection agency fees incurred by Provider or otherwise permitted by law.
Per the accompanying Services Agreement, Services shall automatically renew
on an annual basis, unless Customer provides written notice of termination
no less than 30 days prior to expiration of the term. Such termination
notice must be sent via fax or U.S. Mail to Provider’s then current
address as published on Provider’s website and/or set forth in the
Agreement; in addition, all equipment and software furnished by Provider to
Customer must be returned by Customer to Provider prior to expiration of the
term; failing the same, Customer shall continue to be charged his/her/its
monthly fees for all Services. In the event of early termination (prior to
expiration of the term), Customer shall be charged the greater of an early
cancellation fee of $250.00 or the balance due (based on Customer’s regular
monthly fees to be assessed) for the remainder of the term.
Customer shall afford Provider access to personal/business files, records,
facilities, and equipment as reasonably requested by Provider to facilitate
Provider’s furnishing of the Services hereunder. Customer may designate in
writing one or more primary “Contact Persons” with whom Provider may
In the event of any dispute or legal action between the parties concerning
the enforcement or interpretation of this Agreement, the county in which
Provider’s principal business office is situated shall be the exclusive
venue and jurisdiction for any such legal action, and the law of such venue
shall be controlling (Wisconsin law). In the event of legal action, unless
otherwise expressly set forth herein, each party shall bear responsibility
for his/her/its own legal costs and fees including attorney’s fees. This
Agreement (and the accompanying Services Agreement) contains the entire
agreement between the parties, and no other enforceable understandings, oral
or otherwise, exist between the parties. This Agreement shall be binding
upon the parties’ heirs, successors and assigns.
revised AUP 9/17/11
ACCEPTABLE USE POLICY (AUP)
REQUIRED that all Bertram Wireless Customers read this policy.
Disobedience of the rules outlined herein can result in termination of
Internet Access from Bertram Wireless. Even if the Customer has not read the
policy, all rules must be followed by the Customer, so please take the time
to read it.
Bertram Wireless sets forth an Acceptable Use Policy (AUP) with the intent
of protecting its service, its Customers, and other users of the Internet
from potentially abusive actions taken by Bertram Wireless Customers. The
following policy is non-exclusive; any action about which there is doubt
should be referred to Bertram Wireless for evaluation. Bertram
Wireless reserves the right to edit this policy at any time deemed
Acceptable Use: Dial-Up
are no refunds given for annual service plans. Such plans are based on
discounted monthly rates with the understanding that they will be maintained
for twelve (12) months. Monthly service plans can be cancelled at the end of
the current billing cycle.
Dial-up connections to Bertram Wireless that are idle for thirty (30)
minutes or longer, or connected for more than 5 hours continuously, will be
disconnected. Idle time is defined as a period during which no input or
output is sent or received across the modem connection.
Multiple simultaneous logins to a single Bertram Wireless dial-up account
Dial-Up service is not a dedicated modem connection. Use of Bertram Wireless
dial-up service as a dedicated modem connection through use of re-dialers
and idle-time traffic generators is prohibited. There is a 360-hour monthly
cap on unlimited dial-up connection time.
Dial-up accounts are considered abandoned if not accessed for three
consecutive months. Bertram Wireless will remove abandoned accounts on the
first of the month without notice unless the Customer makes special
arrangements with Bertram.
Bertram Wireless enforces these policies with respect to Bertram Wireless
Customers only. We are not responsible for abusive actions that originate
from other sites or networks on the Internet.
Bertram Wireless reserves the right to revoke or discontinue service at any
time with or without reason. If a Customer is found to have violated any
portion of the AUP, said Customer is subject to a penalty fee billed by
Bertram Wireless of $250.00 or a rate or $125.00/hour for the time that it
takes to research the incident in question. Said account will not be
re-activated until penalty fees and existing invoice amounts have been paid
in full to Bertram. If the Customer elects to terminate service, notice
must be given in writing prior to the monthly term.
Acceptable Use: E-mail
Acceptable use of e-mail does NOT include:
Sending unsolicited mass mailings of any nature, including those with a
“negative option” for continuation. The negative option is defined as
inviting those who do not wish to receive more e-mail to reply to the
Sending large number of e-mail messages, or singularly large e-mail messages
to a single address in order to flood someone’s mailbox.
Forging e-mail headers to obscure the true originator of the message.
Sending harassing e-mail, either by language, size, or frequency. This
includes sending e-mail (or real time) messages to a person who has
explicitly asked that the Customer does not do so.
Acceptable Use: Wireless
Bertram Wireless is not responsible for damage to the Customer’s receiver or
computer due to lightening damage, power surges, or other acts of god.
"Assurance Plan #1" is offered from Bertram Wireless for an additional $5.00 per month
with a $30.00 deductible. The "Assurance" plan covers one radio failure per
year. If the Customer declines Bertram Wireless "Assurance" plan, the Customer is
responsible for the equipment and the insurance coverage payments under the
Customer’s homeowner’s insurance policy.
"Assurance Plan #2"
is offered from Bertram Wireless for an additional $9.00 per month
with a $30.00 deductible. This plan will also include a one hour service
call yearly. The "Assurance" plan covers one radio failure per
year. If the Customer declines Bertram Wireless "Assurance" plan, the Customer is
responsible for the equipment and the insurance coverage payments under the
Customer’s homeowner’s insurance policy.
the receiver and other equipment leaves Bertram’s corporate office, it is
the Customer’s sole responsibility to maintain the equipment and to return
all of the equipment to the corporate office at the end of the service
event of connectivity problems, Bertram Wireless will help address any issue
arising from problems with the antenna to the end of the Motorola power
“pigtail” via phone service. Bertram will not support router or computer
issues over the phone. If a service call is needed to solve such
connectivity problems, arrangements with Bertram can be made for a fee to be
determined by Bertram.
Internet Signal or Resale Theft of Bertram Wireless
Internet signal theft is the illegal interception of Internet services
without the authorization of or payment to Bertram Wireless. While laws vary
from state to state, according to the Federal Telecom Act of 1996 (47 USC
553 and 605) Internet Signal theft is a crime that is punishable by
a financial penalty of $250,000 and/or 10 years jail time. This pertains to
anyone that may steal and/or resell the signal, and to anyone helping this
person, without the express permission of Bertram Wireless.
using a wireless network, subscribers should always secure their home
networks from unauthorized users. Unsecured wireless networks potentially
allow unauthorized individuals to access a subscriber's network and have
access to all of the subscriber's personal files; allow potential criminals
and terrorists to send untraceable communications; or allow an individual to
download illegal materials, such as copyrighted or obscene material that
would be traceable to the subscriber’s modem/router/switch.
Acceptable Use: Wireless Web/FTP Space
Acceptable use of Bertram Wireless web/ftp space does NOT include:
The posting of pornographic
or otherwise indecent or offending materials.
Distribution of restricted
software materials in violation of copyrighters or distribution licenses,
including, but not limited to MP3 and Warez.
Distribution of material
which violates local, state, or federal laws or statutes.
The posting of slanderous or
defamatory materials or articles.
Bertram Wireless reserves
the right to restrict or terminate service without refund in the event of an
AUP violation. Bertram Wireless also reserves the right to take action
against abuse which is not specifically named in this AUP at the sole
discretion of Bertram Wireless. Use of the Bertram Wireless system or
network constitutes an understanding and agreement of this policy. Any and
all legal expenses incurred by Bertram Wireless resulting from failure to
follow AUP guidelines will be borne by the account holder responsible for
Existing Customer Policy (Customers that were transferred from another service provider)
If the Customer purchased or
rented a receiver prior to 2007 or have a receiver from another service provider and that receiver fails,
Customer will pay a $100.00 one-time equipment fee for a receiver. Ownership of
said equipment remains property of Bertram Wireless and will have to be
returned after cancellation. At that
time, Customer will have the option to purchase Bertram’s "Assurance" plan for
the receiver for an additional $5.00 or $9.00 per month.
The "Assurance" Policy
covers the antenna in itself for failure and replaces it if it stops
working. If you don't plan on participating in the Assurance program, it
would be advised that you decline the service in writing.
$5 per month, $30 deductible with one claim per year
(Serviceman to replace antenna is not covered)
$9 per month, $30 deductible with one claim
per year (Includes a 1 hour service call per year.
Additional hardware is not included)
If the Customer does not put
an "Assurance" plan on a receiver and the receiver fails, the Customer
will pay a $375.00 fee per Bertram’s contract, and this fee does not include
the re-installation of the receiver.
claim will be made within 30 days of purchasing our "Assurance" plan, and only one
claim per year will be allowed. New customers have a 30 day grace on the