Important Documentation
Internet Service Agreement
User Agreement
Web Site
Rabbit Meadows User Agreement
(Rev 04/2008)
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. As of June 2008, these charges are
$3.50 per 1, 000 Mb or portion thereof for Rabbit Jet accounts going
over 7,000 Mb per month. Rabbit Fast customers will be charged $3.50
per 1,000 Mb or portion thereof for data transfer over 5,000 Mb per
month. Rabbit Rocket accounts going over 10,000 Mb per month will
also be charged $3.50 per Giga Byte. 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 $100.
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. 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 WEP 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: mailto:abuse@Rabbit Meadows
Technology.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 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 $350 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.
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