Important Documentation
Internet Service
Agreement
User Agreement
Web Site
Rabbit Meadows User Agreement
(Rev 03/2009)
This user agreement is an essential part of
your relationship with Rabbit Meadows
Technology, LLC. Throughout this document "RMT"
is synonymous with "Rabbit Meadows Technology,
LLC". By using your RMT account, you agree to
all of the Terms of Service set out in this
document.
1. General Terms of Service. Rabbit Meadows
Technology is a private company providing a
commercial gateway to the Internet. Rabbit
Meadows Technology's equipment and facilities
may be used to participate in all legal aspects
of the Internet (these uses are referred to in
this document as "the Service"), subject to
these Terms of Service. The Service is provided
to authorized persons or organizations
(referred to in this document as "Subscriber"
or "you"). Any use of the service is subject to
any restrictions listed below. By using the
Service, you agree to be bound by all of these
Terms of Service. If you do not agree to be
bound by these Terms of Service, you must
cancel your account immediately and may not
thereafter use or attempt to use the Service.
Rabbit Meadows Technology grants you a
non-exclusive right to access, use and display
the Service on any computers or other
electronic display devices of which you are a
primary user. You may not assign, sub-license
or transfer any rights or obligations of the
Service.
While all accounts offered do not have time
limits, we reserve the right to charge for
execssive data transfer. Charges and transfer
limits are posted on the company website.. You
agree not to run servers (webserver, ftp, email
or others), or continuously active unattended
applications, through your connection except by
special arangement with Rabbit Meadows
Technology.
2. Coverage. If you are an individual
Subscriber, these Terms of Service apply to all
persons who gain access through your account.
If you are a commercial Subscriber, these Terms
of Service apply to all your employees, agents
and/or customers. In either instance, a
violation of these Terms of Service by anyone
using your account will be treated as a
violation by you.
3. Fees Fee structure for the Service is
available for viewing on www.rabbitmeadows.com
4. Payment. For monthly service, charges for
the first month's service, any equipment rental
fees, optional equipment purchase fees,
installation charges are payable before service
is installed. Charges for the service will
start as of the date service is installed.
After that we will bill you each month in
advance for service. A late fee of $4 will be
assesed on account balances due for 30 or more
days. Termination does not remove your
responsibility to pay all fees incurred up to
the date that Rabbit Meadows Technology
terminates your account. If Rabbit Meadows
Technology incurs any fees or costs in
collecting any past-due amounts, including
costs of attorneys or a collection bureau,
those fees and costs will be added to the
amount you owe. Should you wish to resume
service after termination of your account, you
will need to initiate a new account, which will
result in an Initial Account Setup Fee of $200.
5. Term. After your initial contract period
of 12 months, you have the right to cancel your
service for any reason at any time by giving us
written notice (not email). We reserve the
right to terminate all or any part of our
service to you and take possession of any of
our equipment at any time, with or without
cause, including, but not limited to, your
failure to pay a bill or meet our acceptable
use policy. Termination at any point during a
billing period does not entitle you to a refund
of any payment already made to Rabbit Meadows
Technology for that billing period.
6.Fixed Wireless Equipment Installation of
Equipment We will install or arrange for the
installation, and you agree to permit
installation, of the equipment on your
premises, within a reasonable time after the
work order has been accepted by Rabbit Meadows
Technology. Any re-installation, return of,
change or transfer in location of the equipment
and inside wiring shall be performed by us at
our service rates in the effect at the time of
service. Rabbit Meadows Technology shall not be
responsible for any damage to the premises
arising from the installation of the equipment,
inside wiring or optional equipment, except in
cases of negligence or improper workmanship,
and then only to the extent of the actual
damages thereof. Claims of negligence or
improper workmanship must be made in writing to
Rabbit Meadows Technology within 14 days after
installation of the equipment, inside wiring or
optional equipment. Notwithstanding the
foregoing, you acknowledge that there are
inherent risks associated with a roof or side
wall mount and you release and hold harmless
installer, Rabbit Meadows Technology and their
respective agents from liability related
thereto. You hereby grant to the Rabbit Meadows
Technology an easement in gross covering the
routing necessary for installation, operation
and of the equipment, inside wiring on, across,
through, and in the premises at no cost or
charge. Consent and Permits Your represent and
warrant that you are the owner of record of the
premises or if you are a tenant, that you have
obtained the written consent of the owner of
record of the premises to the transactions
contemplated herein. If you are not the owner
of the premises, you agree to provide to us or
our designee, if we ask you to, with the
owner's name and address, proof that you may
give us access on the owner's behalf and, if
needed, consent from the owner in a form
satisfactory to us. You are responsible for
obtaining all required building permits or
approvals from homeowner's associations and
zoning boards.
7. Grounds for Suspension and Termination.
(If your account is terminated, or suspended,
you agree to remove power from all outdoor
devices installed by Rabbit Meadows.) You agree
to comply with these Terms of Service as well
as the applicable rules, regulations and
policies of any network, bulletin board,
newsgroup, web site or Internet Service
Provider accessed through the Service. Any
violation of either these Terms of Service or
the other rules, regulations or policies noted
above may serve as cause for Rabbit Meadows
Technology to suspend or terminate your
account. You agree that Rabbit Meadows
Technology has the right, with or without
notice, to suspend or terminate your account
upon the first or subsequent occurrence of any
of the following: Improperly Secured Wireless
Equipment/resale of, or unintentional sharing
of account You agree that if you attach any
wireless networking equipment to your network,
it will be properly secured to prevent
unauthorized access. Specificaly, you will use
at a minimum WEP encryption and MAC filtering.
You agree to pay all bandwidth transfer fees
for your account when you leave your computer
logged into our network. (contact us for
details on how to secure your network) Spamming
and Invasion of Privacy: Sending of unsolicited
bulk and/or commercial messages over the
Internet using the Service or using the Service
for activities that invade another's' privacy.
Intellectual Property Right Violations:
Engaging in any activity that infringes or
misappropriates the intellectual property
rights of others, including patents,
copyrights, trademarks, service marks, trade
secrets, or any other proprietary right of any
third party. Obscene or Indecent Speech or
Materials: Using RMT Wireless's network to
advertise, solicit, transmit, store, post,
display, or otherwise make available obscene or
indecent images or other materials. RMT will
notify and fully cooperate with law enforcement
if it becomes aware of any use of the Service
in any connection with child pornography or the
solicitation of sex with minors. Defamatory or
Abusive Language: Using the Service to
transmit, post, upload, or otherwise making
available defamatory, harassing, abusive, or
threatening material or language that
encourages bodily harm, destruction of property
or harasses another. Forging of Headers:
Forging or misrepresenting message headers,
whether in whole or in part, to mask the
originator of the message. Hacking: Accessing
illegally or without authorization computers,
accounts, equipment or networks belonging to
another party, or attempting to penetrate
security measures of another system. This
includes any activity that may be used as a
precursor to an attempted system penetration,
including, but not limited to, port scans,
stealth scans, or other information gathering
activity. Distribution of Internet Viruses,
Trojan Horses, or Other Destructive Activities:
Distributing information regarding the creation
of and sending Internet viruses, worms, Trojan
Horses, pinging, flooding, mailbombing, or
denial of service attacks. Also, activities
that disrupt the use of or interfere with the
ability of others to effectively use the Node
or any connected network, system, service, or
equipment. Facilitating a Violation of this
Agreement of Use: Advertising, transmitting, or
otherwise making available any software
product, product, or service that is designed
to violate this Agreement, which includes the
facilitation of the means to spam, initiation
of pinging, flooding, mailbombing, denial of
service attacks, and piracy of software. Export
Control Violations: The transfer of technology,
software, or other materials in violation of
applicable export laws and regulations,
including but not limited to the U.S. Export
Administration Regulations and Executive
Orders. Other Illegal Activities: Using the
Service in violation of applicable law and
regulation, including, but not limited to,
advertising, transmitting, or otherwise making
available ponzi schemes, pyramid schemes,
fraudulently charging credit cards, pirating
software, or making fraudulent offers to sell
or buy products, items, or services. Resale or
sharing of our service: The sale, transfer, or
rental of the Service to customers, clients or
other third parties, either directly or as part
of a service or product created for resale.
Inadvertent sharing through the use improperly
secured wireless equipment. (Contact us for the
minimum security requirements for customer
wireless equipment.)
No bill credit will be given for a period of
suspension. In the event of termination of your
use of the Service under this section, Rabbit
Meadows Technology may at its sole discretion
retain any or all amounts you have paid for use
of the Service as liquidated damages for your
actions. If your account is suspended for
violation, a minimum $50 fee will be required
to re-activate service. Notice of Violations of
the Terms of Service. Rabbit Meadows Technology
requests that anyone who believes that there is
a violation of these Terms of Service direct
the information to: info@rabbitmeadows.com.
8. Security.
You agree not to access or attempt to access
private areas of the Service. You agree to
notify Rabbit Meadows Technology as soon as you
become aware of an unauthorized use of your
account and/or any breach or attempted breach
of security on the Service.
9. Intellectual Property.
Rabbit Meadows Technology does not undertake to
examine or review messages, files, or other
materials which are accessible through, pass
through, or reside on the Service.
10. Liability.
YOU AGREE THAT USE OF THE SERVICE IS AT YOUR
OWN RISK. Except for information, products, or
services clearly identified as being supplied
by Rabbit Meadows Technology, neither Rabbit
Meadows Technology nor any of, its affiliates
controls, provides, operates, or is in any way
responsible for any information, products, or
services accessible through the Service. Rabbit
Meadows Technology neither endorses nor is
responsible for the accuracy of third-party
material(s), and you agree that Rabbit Meadows
Technology is not responsible for any loss or
damage caused by your use of, or reliance on,
such material(s). You agree to indemnify and
hold harmless Rabbit Meadows Technology and its
officers, directors, employees, and other
customers and subscribers from any claims,
losses, costs, liability, damages or expenses
arising out of the use of the Service. You
understand and agree that you have sole
responsibility for your posting of any
information or material to any site or
newsgroup on the Internet, including but not
limited to postings to Web sites, whether
residing on Rabbit Meadows Technology's
equipment or not, postings to newsgroups, and
participation in any on-line chat sessions. You
agree to indemnify and hold harmless Rabbit
Meadows Technology and its officers, directors,
employees, and other customers and subscribers
from and against any claims, losses, costs,
liability, damages or expenses arising out of
your postings. You agree that, should you use
the Service to send or receive voice
communications, Rabbit Meadows Technology is
not acting as a telecommunications carrier or
telephone company, that there is no
representation made by Rabbit Meadows
Technology as to the suitability of the Service
for such use, and that all risk of connection,
transmission quality, and accuracy of
communications is solely yours, and that Rabbit
Meadows Technology has no liability of any sort
for the failure or lack of quality of such use
of the Service. You agree to be liable for any
damages or loss of service which results in
damages to Rabbit Meadows Technology as a
result of any spamming or other violations of
Section 6 above. These damages include, but are
not limited to, system shut downs, retaliatory
attacks or data flooding, and loss of peering
arrangements. You agree that Rabbit Meadows
Technology may pursue any such claims against
you in court in Chelan County, Washington. You
agree that in no event will Rabbit Meadows
Technology have any financial liability to
you.
11. Warranty.
RABBIT MEADOWS TECHNOLOGY MAKES NO EXPRESS OR
IMPLIED WARRANTIES, INCLUDING WARRANTIES OF
TITLE, NON-INFRINGEMENT, AND WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE
OR OTHER MATERIAL AVAILABLE THROUGH THE
SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD
RABBIT MEADOWS TECHNOLOGY ABOUT YOUR INTENDED
USE OF THE SERVICE. NO ORAL ADVICE OR
INFORMATION GIVEN BY RABBIT MEADOWS TECHNOLOGY
OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR
OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY
RABBIT MEADOWS TECHNOLOGY ARE PROVIDED ON AN
"AS IS, AS AVAILABLE" BASIS; RABBIT MEADOWS
TECHNOLOGY DOES NOT WARRANT THAT THEY WILL BE
ERROR-FREE AND/OR UNINTERRUPTED, OR THAT
DEFECTS WILL BE CORRECTED. RABBIT MEADOWS
TECHNOLOGY DOES NOT GUARANTEE THE SECURITY OR
BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED
ON OR TRANSMITTED VIA THE SERVICE, NOR DOES
RABBIT MEADOWS TECHNOLOGY GUARANTEE THE SAFETY
OR SECURITY OF YOUR COMPUTER, ITS DATA, OR ITS
CONNECTIONS TO RABBIT MEADOWS TECHNOLOGY OR ANY
OTHER NETWORK.
12. Content.
You understand and agree that information and
access available through the Service may
include controversial, sexually explicit, or
other material that may be offensive to you or
users for whom you are responsible. Rabbit
Meadows Technology has no responsibility for or
control over such materials, and you take sole
responsibility for using any available
screening software or other methods of limiting
access (specifically including the access of
minors) to any material you may find
objectionable.
13. Dial-up Connection.
Rabbit Meadows Technology does not provide any
dial-up connectivity in association with the
Service.
14. Privacy.
Rabbit Meadows Technology commits to follow the
controlling Federal and state laws respecting
Subscriber privacy and data access. Rabbit
Meadows Technology will not provide names,
addresses, telephone numbers, e-mail addresses,
or other personally identifiable information on
any Subscriber to any third party without prior
permission from that Subscriber, or as required
under an appropriate court or administrative
directive, including a facially valid subpoena,
or as necessary to render the Service. Rabbit
Meadows Technology may provide aggregate data
on Subscribers to third parties in the
operation of Rabbit Meadows Technology's
business. You agree that Rabbit Meadows
Technology has the right to monitor or log your
use of the Service solely as a means of
protecting its investments, customers, the
Service, and / or to assist law enforcement
agencies--without your prior approval,
knowledge, or consent.
15. Support.
The Company will attempt to keep the service
available at all times. If problems arise
relating to general Internet access or Company
provided email, Rabbit Meadows Technology will
make every effort to resolve the issue in as
timely a manner as possible. During the day,
the Company can be reached via email at
support@rabbitmeadows.com or through the phone
number listed on the support page at
www.rabbitmeadows.com. During evening hours
after 6 p.m. phone support is not available and
contact with the Company will need to be made
via email that evening, or by telephone the
next day. The Company is not able to provide
in-home networking support and/or design as
part of the standard wireless service. These
services are available at an additional cost,
see prices listed at www.rabbitmeadows.com. The
Company will not be held liable for any losses
(data or hardware) incurred while providing
these services.
16. Disputes.
You agree that any dispute between you and
Rabbit Meadows Technology arising out of your
use of the Service in any way based upon your
subscription to and/or use of the Service which
cannot be resolved between you and Rabbit
Meadows Technology will be submitted by the
aggrieved party for binding arbitration under
the auspices of the American Arbitration
Association. Any demand for arbitration under
this Section must be filed with the American
Arbitration Association's office in Chelan
County, Washington. The arbitration must be
held in Chelan County, Washington, and the
arbitrator must be a person with experience in
online services operation.
17. Governing Law.
These Terms of Service are governed in all
respects under the laws of the State of
Washington.
18. Amendments.
These Terms of Service may be amended in any
respect at any time by Rabbit Meadows
Technology upon the posting of the amended
Terms of Service on the "Terms of Service"
section of www.rabbitmeadows.com. Your
continued use of the Service will be deemed
consent to any such amended Terms of Service.
If you do not wish to continue to use the
Service as a result of any such amended Terms
of Service, you may provide notice of your wish
to terminate your use of the Service to the
addresses listed below. Verbal notification can
not be accepted. These policies and practices,
as amended or modified from time to time, shall
survive termination of your service.
19. Wireless Client Hardware
The customer agrees to remove power from all
outdoor equipment installed by Rabbit Meadows
to provide service upon termination of the
service. The outdoor equipment installed at the
customer site is proprietary wireless
equipment. This equipment is property of Rabbit
Meadows Technology, LLC, and is provided and
maintained as a part of your internet service.
Should you choose to end service, this
equipment must be returned to Rabbit Meadows
Technology within 14 days, or you will be
liable for a $250 hardware charge in addition
to other charges that may be due.
As of July 5, 2007, we no longer
provide/lease wireless client hardware as part
of the monthly service fee. We have reduced
monthly rates and now sell wireless clients to
the end customer with the 1 year manufacturers
warranty. We still retain ownership of all
wireless client hardware previously installed,
unless customer purchases old equipment from
Rabbit Meadows in exchange for the lower
monthly service fee.
20. No Waiver
The failure of RMT to enforce this Terms of
Service, for whatever reason, shall not be
construed as a waiver of any right to do so at
any time. You agree that if any portion of this
Policy is held invalid or unenforceable, that
portion will be construed consistent with
applicable law as nearly as possible, and the
remaining portions will remain in full force
and effect.
Back to top
|