THIS AGREEMENT is effective as of the Client account creation date (the “Effective Date”) between the Client (refers to the person or organization who uses or subscribes to Red-Spectrum Communications’ service) and Red-Spectrum Communications. Red-Spectrum Communications agrees to provide access to its services, and Client agrees to accept and utilize Red-Spectrum Communications’ services, according to the terms of this Agreement.
1. Services. Upon receipt and approval of this Agreement, Red-Spectrum Communications shall create Client’s account to enable Client’s access to Internet and / or voice services. Client is responsible for all use of Client’s account and maintaining the confidentiality of Client’s password. Our Services are provided on the basis of, and are subject to, service, facility and equipment availability. We reserve the right not to provide one or more services where necessary facilities, equipment or services are not available for any reason whatsoever. Internet services are provided at the advertised rates and up to the advertised speeds for each package selected by the Client. All Internet services are unlimited and do not have data caps. Voice services are provided at the advertised flat rate. Voice services include unlimited local and long distance calling within the United States.
2. Technical Support. Red-Spectrum Communications may provide technical support consulting services via telephone and e-mail to assist in establishing Client’s connection to the services and configuration of supported Internet software tools (“Technical Support”). Technical Support shall consist only of the consulting services set forth above, and in no event shall it include any other support function or services. Red-Spectrum Communications does not dispatch PC technicians nor do we hold any responsibility for any services offered to Client by any outside source. Anyone offering PC technical support will not be doing so through the Coeur d’Alene Tribe, Information Technology Department, Government Services, Broadband Department, or Red-Spectrum Communications. Any person offering PC technical support will not receive any compensation from us (including mileage and wages), nor will we receive any portion of their proceeds. Red-Spectrum Communications will not be liable for any problems that may arise from Client receiving any technical assistance.
3. Customer Premises. By signing or otherwise acknowledging this agreement, the customer (“Client”) allows any Red-Spectrum Communications representative, or employee thereof, full access in or on the Client premises at any time for installation, repair, maintenance, or removal of necessary customer premise equipment (CPE) that provides Internet service. The Client also relinquishes Red-Spectrum Communications from any and all responsibility or liability in regard to any damages that may result from any installation, repair, maintenance, or removal of said equipment in or on said premises.
4. Term. The Service is for an initial term of one month and shall automatically renew at the end of the initial Term based on the initial term unless terminated by either of us in accordance with these Terms and Conditions. This Agreement may be revoked by Red-Spectrum Communications at any time prior to the Effective Date.
5. Terminations and Suspensions. Red-Spectrum Communications, at its sole business judgment, may terminate this Agreement immediately or suspend Client’s access to services upon any breach of this Agreement by Client, including, but not limited to, refusal or failure to pay for service or by sole judgment of Red-Spectrum Communications that Client may be performing activities harmful to Red-Spectrum Communications or its other Clients, employees, vendors, business relationships or any other users of the Internet.
6. Cancellations and Refunds. For service cancellation, or if you are dissatisfied with our service, or with any of our terms, conditions, rules, policies, guidelines, or practices in operating the service, your sole and exclusive remedy is to terminate your Service agreement with us and discontinue using the Service. Refunds are prorated and will be handled on a case by case basis.
7. Data. Client understands and agrees that the Internet is a conglomeration of networks and servers operated by distinct entities having no business or legal relationship to Red-Spectrum Communications. Red-Spectrum Communications has no input whatsoever as to the content of Internet data accessed via the Service. Client is solely responsible for any value or reliance it places on information obtained via the Internet or the Service. INFORMATION DERIVED AS A RESULT OF THIS AGREEMENT IS PROVIDED “AS IS” AND AT CLIENT’S OWN RISK.
8. Limitation of Liability Without limiting the generality of the foregoing, we and our suppliers, and our respective directors, officers and employees (collectively, in this paragraph, “Red-Spectrum Communications”), are not responsible or liable to Client or third parties for any claim, loss, damages, liability or expenses Client or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, or any use of it or interruption in it, whether through act or omission, negligence or otherwise, and whether direct or indirect. Without limitation, Red-Spectrum Communications is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if Red-Spectrum Communications has been advised of the possibility of such claim, loss, damages, liability or expenses by Client or others. Client assumes all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement shall survive the termination of this Agreement. Without limiting the generality of the foregoing, in no circumstances shall our liability to Client exceed one (1) month’s user fee.
9. Compliance (Client Responsibilities) Client must comply with applicable laws at all times while using the Service. Client assumes total responsibility and risk for use and Client’s authorized users’ use of the Service. Client is responsible for paying all charges necessary to use and access the Service. We will recognize only the Client who is named as the account holder as the person authorized to accept, utilize, manage, modify or terminate the Service.
Client agrees to use the Service in compliance with all applicable laws, and to upload and/or download files, if at all, only with the consent of the copyright or patent owner. Client shall be charged for all costs incurred by Red-Spectrum Communications, including reasonable attorney fees, for any claim, loss, or damage arising out of Client’s use or misuse of the Internet. Client specifically agrees to defend, indemnify, and hold harmless Red-Spectrum Communications, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Client under this Agreement or its use of the Service.
10. Indemnification & Law. Client shall indemnify Red-Spectrum Communications and our directors, officers and employees harmless against all claims, loss, damages, liability or expenses that we and/or they may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with Client’s use of the Service. Indemnification includes, but is not limited to, claims by third parties, the installation, maintenance, and removal of any and all equipment, the violation by Client of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by Red-Spectrum Communications in connection with any legal, collection or other proceedings brought by us against Client related to this Agreement.
This Agreement is construed under the laws of the Coeur d’Alene Tribe. This Agreement may additionally be construed under state and federal laws at the sole judgment of the Coeur d’Alene Tribe.
The Coeur d’Alene Tribal courts shall have jurisdiction over this Agreement and the parties, and all litigation hereunder shall, to the extent possible.
If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
11. Notice. Notice shall be in writing and delivered by hand, facsimile, or US Postal Service mail at the addresses set forth herein. Notice shall be effectively given upon receipt if delivered by hand, facsimile, or, if given by or US Postal Service mail, upon expiration of five (5) days after postmark. Notice from Red-Spectrum Communications to Clients may include e-mail.
12. Payment Policy. Payment is due prior to activation of any Red-Spectrum Communications service. Clients are expected to prepay on their account monthly for services offered. All invoices are due on the first of every month. Payments may be made in person at the Red-Spectrum Communications billing office during billing office hours by check, cash, or money order. Please make all checks & money orders payable to Red-Spectrum Communications. There is a twenty dollar ($20.00 US) charge on all returned checks.
Payments may also be mailed to:
Red-Spectrum Communications
P.O. Box 229
Plummer, ID 83851
If an account exceeds seven (10) days overdue, the account will be automatically suspended pending payment.
If you have any questions about billing procedures, please contact the billing department by e-mail:
billing@red-spectrum.com or by calling: 208-686-2022.
13. Acts of God Neither of us shall be liable for any damage, delay, interruption or failure in the performance of our obligations if caused by acts of God, declared or undeclared war, fire, flood, rain, wind, snow, ice, lightning, storm, trees, electrical outages, slide, earthquake, power failure, accident, riot, government intervention, embargoes, strikes, labor difficulties, equipment failure, wireless interference, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond the control of the party affected that may prevent or delay such performance. If any such act or event occurs or is likely to occur, the party affected shall promptly notify the other, giving the particulars of the event. The party so affected shall use reasonable efforts to eliminate or remedy the event.
Red-Spectrum Communications shall not be liable for any delay in performance directly or indirectly caused by or resulting from any third party telecommunications providers or public utilities.
14. Waiver. No waiver by either party of any breach by the other party of any provision of this Agreement shall be deemed or construed to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself.
15. Successors and Assigns. This Agreement is not assignable or delegable in whole or in part by Client without the express written consent of Red-Spectrum Communications. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of Red-Spectrum Communications, and permitted assigns of Client.
16. No Resale. The Service provided hereunder is limited to Client and may not be resold, distributed, redistributed or given to other parties in any manner whatsoever unless Client selects a reseller plan and Red-Spectrum Communications provides written acceptance of Client’s selection of a reseller plan. Client does not possess, nor are they able to distinguish themselves as having, any authority to act for or create any obligation of, or make any representation on behalf of or in our name. Client shall not use, in any manner or circumstance whatsoever, trademarks, trade names, logos or designs owned or licensed by Red-Spectrum Communications without prior written consent.
17. Modification/Amendment. Red-Spectrum Communications shall have the right at any time to change or modify the Terms and Conditions applicable to Client’s use of the Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice by Red-Spectrum Communications, which may be given by any means including, but not limited to, posting on our website, or by electronic or conventional mail. Any use of the Services by Client after such notice shall be deemed to constitute acceptance by Client of such changes, modifications or additions.
18. Acceptable Use Policy Client agrees to use the Service in a courteous and cooperative manner so as to avoid abusing the Service. Client also agrees to respect the use of the Internet so that Client does not violate the laws or affect the rights of others. Client will not misuse proprietary information or property of others for Client’s own purposes or otherwise and will not publish threatening or defamatory materials or any materials otherwise injurious to Red-Spectrum Communications, the Coeur d’Alene Tribe or to the business or reputation of others.
19. Remedial Actions for Internet Abuse. We consider the practices above and those in Red-Spectrum Communications’ Acceptable Use Policy to constitute abuse of both our Internet Service and of the recipients of such unsolicited mailings or postings who often bear the expense. Engaging in one or more of these practices may result in immediate termination of Client’s account. We reserve the right to define, in our sole discretion, conduct that violates the above provisions and guidelines and to deny access at any time to users who breach the above rules or cause other abuses that are disruptive to our Clients. We reserve the right to implement and take legal and technical steps to prevent unsolicited bulk e-mail or other unauthorized e-mail from entering, utilizing or remaining within our proprietary computers and computer network. If Red-Spectrum Communications receives complaints from third parties against Client for spamming, sending unsolicited mass e-mailings or any other form of Internet abuse, we reserve the right to charge Client with an administrative fee for such complaints received by us. Nothing contained in this policy shall be construed to limit our actions or remedies in any way with respect to any of the foregoing activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including, without limitation, all rights and remedies available to us at law or in equity. Our failure to enforce these policies in every instance does not amount to a waiver of any of our rights.
20. Warning about Sexually Explicit Materials CLIENT ACKNOWLEDGES THAT THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR WHICH YOU MAY OTHERWISE DEEM OFFENSIVE. YOU ACCESS SUCH MATERIAL AT YOUR OWN RISK. RED-SPECTRUM COMMUNICATIONS BEARS NO RESPONSIBILITY WHATSOEVER FOR THE EXISTENCE OF SUCH MATERIALS NOR FOR THE ACCESS TO ANY SUCH MATERIALS WHICH MAY BE MADE USING OUR SERVICE. WE ENCOURAGE YOU TO TAKE AN INTEREST IN YOUR CHILD’S ACTIVITIES ON THE INTERNET AND TO LIMIT ACCESS TO THOSE PORTIONS OF THE INTERNET WITH WHICH YOU ARE UNCOMFORTABLE.
21. Privacy and Security Red-Spectrum Communications cannot ensure or guarantee privacy for users of our Internet Service and recommend that our Internet Service not be used for the transmission of confidential information, including credit card information. Any such use shall be at Client’s sole risk, and we shall have no liability in connection therewith.
22. Commerce over the Internet When making purchases or other transactions using our Internet Service, Client may be required by the merchant, information provider or service provider to supply personal information including credit card information or other means of payment. We are in no way responsible for any charges Client may incur when making purchases or other transactions in this manner. Client understands that Client and Client’s authorized users may access the Internet through the Service. Client furthers understand that Red-Spectrum Communications and our suppliers do not operate or control the Internet in any way. All merchandise, information and services offerings made available or accessible on the Internet, are offered, made available or accessible by third parties who are not affiliated with us.
23. Wireless Interference Clients may not connect and/or operate wireless equipment which interferes with and/or competes with Red-Spectrum Communications’ wireless network. Equipment and/or wireless devices which may interfere with Red-Spectrum Communications’ wireless network includes but is not limited to; wireless access points, wireless bridges, wireless routers, wireless networking equipment, wireless LANs, wireless WANs, and wireless radio equipment. If it is determined a Client is operating devices which interfere with the Red-Spectrum Communications network, the Client may be disconnected from the Red-Spectrum Communications network and/or the Client’s account may be terminated.
24. Customer Acceptance of Terms and Conditions Client automatically accepts and agrees to bide to all of the Terms and Conditions as stated herein by accessing the Internet and commencing and continuing to use the Internet through any of the Service provided herein.