Subscriber shall pay a one-time non-refundable installation fee upon execution of this document, together with the fee for the first month of service and cost of installed devices. Installation will provide the Subscriber with a single point hard-wired connection, and the equipment used to establish such hardwired connection, including a receive/transmit radio, associated mount, cable into Subscriber’s home, power adaptor for the radio, and a jack on the cable end for a single computer connection. Blue Pulse Network’s installers will mount the equipment in a professional manner with the least impact to the property. Any modifications to the property will be weather sealed in accordance with best common practices at the time of the installation. Penetrations of the structure will be discussed with the customer and made upon mutual agreement. Weatherproofing will be made in accordance with industry best practices, but no guarantee of it’s future effectiveness is made by Blue Pulse Networks LLC.
Subscriber shall pay a monthly fee to Blue Pulse Networks LLC according to the fee and due date outlined in this Service Agreement. Such monthly fee shall be due and payable on the monthly anniversary date of each successive month. Payments may be through automatic check handling, credit/debit card, ECheck, or by personal/business check. Payments may also be mailed to: Blue Pulse Networks LLC, PO Box 357, Gravette, AR 72736.
Term and Terms of Service Opt-in:
There is no chronological contract with this service. Subscribers shall have three (3) days from the date of installation to cancel the service. If the Subscriber cancels within such three (3) day period, Subscriber’s sole responsibility shall be $99, to be retained by Blue Pulse Networks for installation and removal labor costs, provided that any equipment sold to the customer is returned in like-new, functional condition. In the event Subscriber fails to cancel within such three day period, Subscriber shall be deemed to have accepted the Blue Pulse Networks service and shall be bound to the terms of this service agreement unless the Subscriber provides written notice to Blue Pulse Networks requesting the termination of service..
Late Fees, Reconnection Fees, and Cancellation Fees:
Subscriber shall be entitled to voluntarily cancel this agreement at any time upon payment of all amounts then due. If Subscriber fails to pay any amount due hereunder within fourteen (14) days of the due date, Subscriber shall be assessed a late charge of $10. In the event any amounts remain outstanding for forty-four days, Subscriber’s service will be suspended. Accounts in “Suspension” status for four weeks (28 days) shall be deemed to have canceled service, moved to an inactive status, and the devices will be remotely wiped of all programming to prevent illegal access to the Blue Pulse Networks system. Accounts which have been moved to “Inactive” status will require an on-site visit to reprogram the unit and will be charged the full $75 Installation fee for this service, plus any owed charges upon disconnection, and the first month’s service for the new term prior to reactivation. Resumption of service fees will be applied, regardless of the name on the original account, unless the controlling occupancy of the residence substantially changes.
Cancellation of Service:
Customers may cancel their service at any point during the monthly billing cycle. Cancellations scheduled for a date that lies in a future billing cycle will require that the full monthly service rate will be carried through to the cancellation date. Blue Pulse Networks LLC will refund any additional prorated payments to the Subscriber after the final bill has been paid the upon customer disconnection.
All Installation Equipment shall remain the sole property of the Subscriber upon sale. Subscriber shall be responsible for damage to the Equipment unless such damage is attributable to manufacturer’s defect or a defect in the installation or the equipment by Blue Pulse Networks LLC. The Installation Equipment provided to Subscriber will allow Subscriber to access the Internet on one terminal. If Subscriber wishes to access the Internet on more than one terminal, or seek any other equipment or service, Blue Pulse Networks internet will sell, program, and install the requested additional equipment and services at Blue Pulse Networks’ standard rates. Subscriber will thereafter own such additional equipment and be solely responsible for the repair, maintenance, or replacement of such additional equipment at no cost to Blue Pulse Networks LLC or may contact Blue Pulse Networks LLC to retain services for the repair of the equipment for remuneration. Although the Subscriber owns the equipment, under no circumstances will the Subscriber be allowed direct access to the software/firmware/programming or the login/password credentials to access and change the programming of the equipment while it is directly connected to the Blue Pulse Networks network (hereafter, “the network”). Once a device has been removed from the network, the Subscriber/Former Subscriber can be furnished with “reset” procedures (upon their request) that will allow them access to reprogram the unit.
Customer Service and Contact:
Blue Pulse Networks LLC was founded on the principles of providing a service that was previously unavailable and maintaining the best customer service. With that in mind, customer service is of the utmost importance. Business hours are 9AM-5PM Monday-Friday (excluding holidays) with a message phone which is answered based upon availability. Many technical support issues can be resolved remotely and those calls are returned beyond business hours based on availability. Sales calls and site surveys will be returned by availability during business hours or by arrangement.
Compliance with Laws:
Subscriber may not use the Blue Pulse Networks system and services provided in any way that violates federal, state, local, or international law or the rights of others. This prohibits, but is not limited to, any actions of Subscriber which are threatening, obscene or defamatory, which violate trade secret, copyright, trademark or patent rights, which violates rights of privacy or publicity, or which result in the spread of computer viruses or other damaging programs or data files.
No Interference or Tampering:
Subscriber shall not probe, monitor, breach the security of, or otherwise interfere with any host, network, or system without the explicit authorization, in writing, of the administrators of the host, network, or system.
Prohibition against Bulk Emails:
Subscriber shall not send unsolicited bulk e-mails. As a guideline, the mailing of more than twenty messages simultaneously or in close chronological proximity to recipients with whom the sender has no pre-existing relationship or who have not consented to receiving such email will be considered a violation which may result in termination of Subscriber’s account.
Adoption or Modification of Rules:
Blue Pulse Networks reserves the right to establish or modify rules concerning use of the subject system by sending notice (by email or other means) to each Subscriber via the email address registered on their account. Blue Pulse Networks reserves the right, to be exercised in its sole discretion, to restrict, suspend, or cancel Subscriber’s account upon violation of any of Blue Pulse Networks published rules or the terms of this agreement.
Modification of Service:
Blue Pulse Networks reserves the right to modify, add, or remove all services and features of its services at any time. Current subscribers will receive at least thirty days’ notice of each change unless such change is made to maintain the security and integrity of the network services.
Disclaimer of Warranties:
Blue Pulse Networks does not make any express or implied warranty of any kind, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose for the services to be provided under this agreement. Non-contract service is provided on a “best-effort” basis using the maximum speed obtained to the UE equipment module at the time of the install. True maximum speed is subject to many things over time such as interference, physical obstructions, environmental and atmospheric variables, and the deterioration of cabling.
Disavowal of Liability:
Under no circumstances shall Blue Pulse Networks, its officers, directors, employees, agents, shareholders, or anyone else involved in administering, distributing, or providing Blue Pulse Networks services, be liable for any indirect, incidental, special, or consequential damages, including, without limitation, loss of revenues or lost profits, or damages which result from the use of or inability to use the services provided hereunder, mistakes, omissions, interruptions, deletion of files, emails, or other data, email errors, defects, viruses, delays in operation or transmission, failure of performance, theft, destruction or unauthorized access, even if Blue Pulse Networks, LLC has been advised of the possibility of such losses. In no event shall Blue Pulse Networks, LLC liability to subscriber exceed the aggregate amounts paid by Subscriber to Blue Pulse Networks LLC for services during the previous six months.
Use of the Internet from any service provider has an inherent risk of viruses and other attacks. The Subscriber and immediate family, including minors, may unknowingly download or view information, which results in damage to Subscriber’s hardware, software, files, data, or peripherals. Blue Pulse Networks, LLC shall have no liability whatsoever for any damage to or loss or destruction of Subscriber’s hardware, software, files, data, or peripherals resulting from viruses or other attacks. In the event Blue Pulse Networks, LLC receives notice of a virus or other attack on Subscriber’s system, Blue Pulse Networks, LLC reserves the right to discontinue service to Subscriber upon five (5) days notice until Subscriber is able to remedy and remove such virus or other attack.
Subscriber agrees that it shall indemnify, defend, and hold harmless Blue Pulse Networks, LLC, and its officers, directors, employees, agents, and shareholders from and against any costs, expenses, losses, damages, suits, claims, or liabilities incurred and arising from or relating to Subscriber’s use of the subject services.
Subscribers will be solely responsible for repair or replacement of any equipment provided resulting from mechanical malfunction experienced during ordinary use. Blue Pulse Networks, LLC shall be solely responsible for the maintenance of the electronic signal to the device. However, the Subscriber maintains responsibility for environmental factors including self-interference and maintaining a clear line-of-sight to those devices requiring such. If Subscriber initiates a service call and the problem is for any reason other than Blue Pulse Networks supplied equipment failure resulting from improper installation, Subscriber shall pay for such service call based upon Blue Pulse Networks, LLC most recent service call rates.
Termination of Blue Pulse Networks Service:
Blue Pulse Networks, LLC reserves the right to immediately modify, suspend, or terminate Subscriber’s service upon (1) non-payment of any amount due and owing within fourteen (14) days of the original due date, or (2) any other reason at the sole discretion of Blue Pulse Networks LLC (inability to continue to provide adequete service, lack of vegetative management on the customer’s part, harassing or abusive behavior toward employees/contractors, etc.) Refunds under such circumstaces will be at the sole discretion of Blue Pulse Networks LLC and depend upon the nature and circumstances of the termination.
Attorney Fees, Costs, and Expense:
In the event Subscriber breaches this agreement for any reason, Subscriber shall be responsible for all attorney fees, expenses, and costs incurred by Blue Pulse Networks, LLC in enforcing the provisions hereof.
This agreement shall be construed and enforced in accordance with the laws of the State of Arkansas. Subscriber irrevocably consents to the jurisdiction and venue of the District Court of Benton County (Western Division), Arkansas for all disputes arising from these Terms of Service.
Subscriber Property Access:
The subscriber or a responsible person designated by him/her should be on site during the entire installation process, as BPN assumes no liability for the subscriber’s personal property and the installation is to be carried out with the consent of the Subscriber. Blue Pulse Networks LLC reserves the right to cancel installation and/or service to any customer or prospective customer if, in the sole opinion of Blue Pulse Networks LLC, the property cannot be accessed safely for maintenance/installation.24. Notice: Consent for installation and continued service beyond the three (3) day window described in Section 3 constitutes an acknowledgement of the provisions laid out in this Terms of Service document. Should the customer have any disagreement with the provisions of this document, it is the customer’s responsibility to contact Blue Pulse Networks LLC and request service disconnection. Continued service beyond the three (3) day window constitutes agreement with, and acknowledgement of all provisions herein.