Terms of Service

This Wireless Network Subscription Agreement (“Agreement”) is made and entered into by and between SCS Wireless Inc., (“SCS Wireless”) and Customer and shall become effective when signed by Customer and accepted by SCS Wireless. This Agreement incorporates by reference the Schedule of Rates and Charges applicable to the Bandwidth Plan and Equipment Plan selected by Customer and set forth herein, and any Bandwidth Plan subsequently put into effect by SCS Wireless and selected by Customer.
1. Definitions
a. “Customer”, for purposes of this Agreement, shall be defined as a single individual, corporation, partnership, or other entity, or any subsidiary or branch office, which operates or resides at a single physical location (Street address) and makes use of a device or devices at that single location in order to use the services provided by SCS Wireless under this Agreement.
b. “Device”, for purposes of this Agreement, shall be defined by its MAC address or as any equipment that may have or could be assigned either a dynamic or static Internet Protocol Address for purposes of the services provided by SCS Wireless under this Agreement.
2. Duties of SCS Wireless will provide the services provided herein (the “Service”) to Customer upon the terms and conditions at the rates and charges specified herein or then in effect.
3. Availability of the Service
The Service provided by SCS Wireless is “Fixed Wireless Internet Access” operating in the Unregulated Frequencies. The Service shall be available to Customer when within the effective working range of SCS Wireless’s wireless network. Service may be temporarily unavailable or limited because of capacity limitations, and is also subject to transmission limitations caused by atmospheric and other natural or artificial conditions adversely affecting transmissions. Services may also be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocation, repairs, and similar activities of SCS Wireless necessary for the proper or improved operation of the Service. As part of the service SCS Wireless will provide access to the Internet to each device, which is directly connected to SCS Wireless’s network. SCS Wireless is not responsible for providing Internet connectivity to any devices that are not directly connected to its Wireless Network or that share a connection to its network via a Local Area Network, nor is SCS Wireless Wireless, Inc. responsible to provide any networking services to the Customer other than Internet Access as previously stated.
All networking services required by Customer other than Internet Access to devices including router, switch, wireless access point, or other networking (multiple computer) setups are not the responsibility of SCS Wireless. Hardware, installation and/or consultation, maintenance, or repair services are offered at an additional cost.
Customer hereby acknowledges that it understands that the bandwidth and connection speed represents that maximum bandwidth available to each customer and that its actual connection speed is likely to vary based on actual internet traffic and other uncontrollable internet backbone issues. Customer understands that SCS Wireless provides no guarantee that the bandwidth and connection speed will be achieved during normal operation. SCS Wireless will take all reasonable steps to keep its service in full, working order. However, nothing in this agreement shall be construed as a guarantee of continuous, uninterrupted service. SCS Wireless makes no guarantee against loss of business or loss of data, personal internet or PC security either by the reseller or its customers, due to downtime. SCS Wireless controls access to the SCS Wireless network. SCS Wireless will perform due diligence to provide security for Customers, however, Customer PC security and protection from viruses, hackers, or any other possible invasive PC attacks is the sole responsibility of the customer.
At the time of Installation of Service, SCS Wireless or its designee shall perform a signal test at the Customer location. If, in the professional opinion of SCS Wireless, or its designee, adequate signal is available, this Agreement shall remain in full force and effect and the parties shall enjoy their rights and perform their duties as provided herein. If, however, in the professional opinion of SCS Wireless, or its designee, adequate radio signal is not available, the Customer shall have the option to terminate this Agreement or enter into a new Subscriber Agreement. In the event the Customer terminates the original Agreement, and the Customer does not enter into a subsequent or revised Subscriber Agreement, SCS Wireless shall credit Customer’s account for all amounts collected by SCS Wireless, or its designee. In the event the original Subscriber Agreement with a particular customer is voided, and a new Subscriber Agreement is obtained by SCS Wireless, or its designee, the amount collected pursuant to the original Subscriber Agreement shall be credited to the Customer’s account and SCS Wireless shall collect the balance due from the Customer, if any, prior to the activation of service. If the amount due prior to activation pursuant to the revised Subscriber Agreement is less than the amount collected pursuant to the original Subscriber Agreement SCS Wireless shall credit the Customer’s account the difference.
4. Billing and Disputes
a. Customer agrees to pay all applicable charges, including monthly service and use charges and any local, state, or federal taxes imposed on such charges whether now in effect or levied in the future. Monthly service charges will be billed at the beginning of the month for the current month’s service. Customer must pay monthly service fees by e-check, credit card or a Visa/MasterCard logo Debit card. Any inquiries, objections and complaints regarding invoices or other matters should be directed to SCS Wireless in writing (email is acceptable). If SCS Wireless does not receive objections in writing or email within fifteen (15) days after the disputed charge from Customer, the charge shall be deemed correct and binding upon Customer.
b. When a customer’s service is activated, the billing will begin on that day. The credit card or bank charge will be prorated to the end of that month (30 day cycle). Customer receives an email confirmation of charges and will appear on the credit card statement for the month. Customer startup fees (installation or hardware charges) will appear separately on the customer’s credit card or banking statement.
c. SCS Wireless retains the right to credit/refund customers for service outages based on legitimate network outages or issues based on SCS Wireless defined criteria. Credits/refund amounts are based on per day pricing specific to each plan. Customer is responsible for reporting outages at their location in a timely manner as to allow SCS Wireless the opportunity to correct any “SCS Wireless caused” outage. SCS Wireless will not credit/refund for customer outages that are caused by customer owned hardware, customer performed actions, customer system or configuration changes, or new software at location.
d. Customer billing statements must be requested. Automatic billing notifications will be sent as credit cards or bank accounts are charged to the customer’s primary SCS Wireless email address.
e. If Customer charge card is declined or there are insufficient banks funds and no updated information (card numbers, expiration dates, name changes), or no account balance remedies are made by Customer for 30 days, SCS Wireless will terminate the connection. Customer can re-establish connection by paying a $25 re-connection fee.
5. Limitation of SCS Wireless Liability
a. Customer expressly agrees that the use of the SCS Wireless High-Speed Internet connection is at the customer’s sole risk. This connection and the Internet are provided "AS IS" and "AS AVAILABLE" for your personal use, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SCS Wireless provides the SCS Wireless Internet service on a commercially available and reasonable basis and does not guarantee customers will be able to access the service at a time or location of their choosing.
b. A credit allowance will not be given for mistakes, omissions, interruptions, delays, errors, defects or curtailments in Service caused by the negligence or willful act of Customer or others.
c. SCS Wireless shall in no event be liable for Service interruption or delays in transmission, errors, or defects, or curtailments in Service transmission, or failure to transmit service when caused by acts of God including but not limited to icing, fire, war, riots, Governmental authorities or other causes beyond SCS Wireless’s control.
d. THE LIABILITY OF SCS WIRELESS IN CONNECTION WITH THE SERVICE PROVIDED BY SCS WIRELESS IS SUBJECT TO THE FOREGOING LIMITATIONS AND SCS WIRELESS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO THE PROVISION OF SUCH SERVICE.
e. In the event that SCS Wireless installs the equipment at Customer’s location, it shall warrant the equipment for the period of time and to the extent warranted by the manufacturer of said equipment and shall provide a ninety (90) day warranty on its workmanship.
f. When SCS Wireless, or its designee, installs equipment at the customer’s property, SCS Wireless or its designee, will be responsible only for any actual damage to property that may occur and will compensate only for reasonable cost not to exceed $500.00. Where computer equipment is involved, the customer is responsible for maintaining proper data back-up procedures prior to equipment installation or subsequent service maintenance to assure no loss of data. Under no circumstances will SCS Wireless, or its designee, be responsible for data loss or hardware damage that occurs during installation or subsequent service maintenance.
6. Appropriate Use of Service
The Service is for use by Customer for any lawful purpose. The Service shall not be used to make foul or profane expressions, to impersonate another person with fraudulent or malicious intent, to contact or transmit information in any form to another person as to annoy, abuse, threaten, or harass such other person, or for any purpose in violation of law, or in such manner as to interfere unreasonably with the use of the Service by any of SCS Wireless’s users. Customers shall be charged for the services provided by SCS Wireless in accordance with the effective Bandwidth Plan.
Sub-licensing to third parties or nearby neighbors is prohibited. Re-broadcasting, pirating, or sharing signal beyond the Customers residence is prohibited. SCS Wireless reserves the right to monitor bandwidth of each account to ensure single party usage of the connection. Customer hereby agrees to pay SCS Wireless $10,000 for each such violation.
7. Disconnections and Termination of Service by SCS Wireless for Cause
a. Upon non-payment of any sum due or upon a violation of any of the conditions governing the furnishing of Service, whether such non-payment or violation is pursuant to this Agreement or any other Agreement between Customer and SCS Wireless, SCS Wireless may upon notice to Customer in writing or by telephone without incurring any liability to Customer, either temporarily discontinue or permanently terminate the furnishing of Service to Customer at SCS Wireless’s sole discretion, either in whole or in part.
b. Service may be refused, discontinued, or terminated without notice in the event the Service is used in such a manner that will adversely affect SCS Wireless’s service to any of its other users or if it is determined by SCS Wireless that Customer’s Equipment adversely affects SCS Wireless’s service to any of its other users. This includes but is not limited to excessive P2P (peer to peer) network usage, servers, or heavy use for the purpose of running a business. SCS Wireless offers business solutions and pricing options for such customers.
c. Customer will pay attorneys’ fees, collection fees, and similar expenses incurred by SCS Wireless in the enforcement of any right or privilege hereunder. In addition, Customer shall pay interest at the rate of 1.5% per month on any charges on which Customer is delinquent in payment. All other provisions herein not withstanding, SCS Wireless reserves the right to interrupt and or disconnect service of Customer at any time for any reason.
8. Equipment and Maintenance
a. Customer may either: (1) rent the equipment to access to the SCS Wireless network, (2) purchase the equipment necessary to access the SCS Wireless network, or (3) SCS Wireless will provide the equipment necessary (based on a specific or special offering) to access SCS Wireless’s network. In the event Customer purchases such equipment from SCS Wireless, customer shall notify SCS Wireless of any change in the equipment MAC address or additional network devices.
b. SCS Wireless maintains only SCS Wireless supplied hardware. Once signal is confirmed at SCS Wireless hardware, Customer is solely responsible for the home network or connected computer or network hardware. SCS Wireless may provide courtesy troubleshooting or initial connection of Ethernet to Customer computer, however, additional network or PC updates, and fixes or enhancements will be provided at an additional cost to customer.
c. Any costs incurred in retrieving any equipment, as a result of Customer’s failure to pay for such equipment, whether equipment is being purchased or provided, including reasonable attorney’s fees and costs, shall be paid by Customer.
d. SCS Wireless shall be responsible for maintenance of all equipment provided by SCS Wireless so long as the maintenance is not required as a result of Customer’s misuse or abuse of such equipment in which case Customer shall be responsible for maintenance and/or repairs and liable to SCS Wireless for any damages thereto. Once the warranty expires on purchased equipment, Customer shall be solely responsible for all maintenance and repairs thereto.
e. Customer will provide reasonable access to SCS Wireless hardware. SCS Wireless will notify customer of required maintenance and will schedule service appointment.
d. In the event that Customers computers are configured in a Local Area Network, Customer agrees that the Customer shall be responsible to configure, at its expense, its network with a dedicated Ethernet card so that data requests intended to be confined to its LAN are not broadcast across SCS Wireless’s Wireless Network.
9. Rates and Charges
Customer agrees to pay SCS Wireless monthly service fees as provided in this Agreement. Prior to activation of service, Customer agrees to pay SCS Wireless a one-time installation, setup, and/or hardware fee. Hereafter, the monthly fees (including fees for equipment if equipment is rented by SCS Wireless) will be billed until termination of this Agreement. Upon renewal of this Agreement as provided in paragraph 11 below, SCS Wireless’s rates and charges then in effect for SCS Wireless’s new customers shall apply to the renewal, except Customer shall have thirty (30) days from the date of renewal to cancel this Agreement. Upon proper cancellation, Customer shall immediately return, in satisfactory condition, any equipment provided by SCS Wireless, and Customer hereby grants SCS Wireless reasonable access to his/her/its premises for the purpose of removal of any equipment. Failure to cancel this Agreement within such 30 days of renewal shall be deemed an acceptance of the rates and charges applicable to such renewal period. SCS Wireless reserves the right to modify or delete any rate plan at its sole discretion, except during the initial contract term as provided in paragraph 11 below, and except upon 30 days written notice by SCS Wireless to Customer. If customer paid a lease/security deposit for hardware, only the amount deemed as the deposit will be refunded upon receipt of SCS Wireless hardware. No hardware installation costs will be refunded. SCS Wireless hardware must be in good condition.
10. Term of Agreement
a. If the Customer has agreed to a 12-month contract term from the date that SCS Wireless activates service at Customer’s location. Cancellation of service by Customer or termination of service by SCS Wireless prior to the end of the initial term of this Agreement, due to any breach of this Agreement, will result in a termination fee equal to the total of the “hardware deposit” plus any outstanding obligations owed to SCS Wireless by Customer as of date of termination or cancellation. Business customers will be charged a $299 cancellation fee. Once this 12-month term is completed, customer automatically converts to a Month-to-Month plan.
b. SCS Wireless Month-to-Month plan. This Agreement shall become effective on the date that SCS Wireless activates service at Customer’s location and shall continue in effect for 30 days from the date of activation. Any requests for cancellation of the Service or other communications with SCS Wireless must be submitted in writing thirty days (30) prior to the next billing date (the 1st of the month) This statement must include Customer Name, Address, Apartment Number and Customer’s signature. If the Customer cancels service, or vacates the location without the required notice, the entire month is charged and no refunds or credits will be issued.
b. Customer shall remain responsible for all outstanding charges and fees for service rendered following the termination, cancellation, or expiration of the initial term or any renewal thereof.
c. If Customer charge card is declined and no updated information (card numbers, expiration dates, name changes), or account balance remedies are made by Customer for 30 days, SCS Wireless will terminate the connection. Customer can re-establish connection by paying a $25 re-connection fee.
11. Service Cancellation Notice
Any requests for cancellation of the Service or other communications with SCS Wireless must be submitted in writing thirty days (30) prior to the next billing date (the 1st of the month). This statement must include Customer Name, Address, and Customer’s signature (or digital signature).
12. Assignment
Customer shall not assign this Agreement in whole or in part and any attempt to do so shall be deemed a breach of this Agreement by Customer and SCS Wireless shall have the right of disconnection and termination as allowed herein. SCS Wireless may, however, assign all of its rights, duties, and obligations hereunder to any third party. The “Internet” connection provided by SCS Wireless shall not be used/shared beyond the customers’ property or business location. Customer agrees to not share this connection with other users through the use of any wireless network equipment not authorized by SCS Wireless.
13. Waiver
Any failure on the part of either party hereto to exercise, not to exercise, or to delay in exercising, any right, power, or remedy hereunder shall not operate as a waiver thereof.
14. Privacy
SCS Wireless shall provide equipment and service in accordance with IEEE Standard 802.11. Due to the nature of radio communications, privacy of data transmissions conducted by wireless networks cannot be guaranteed and Customer agrees that it is solely responsible for security of its data and that it shall indemnify, defend and hold harmless SCS Wireless and its Licensor from and against any and all suits, actions, proceedings or allegations of breaches in its security which may in any way be related to SCS Wireless’s Network.
15. Governing Law
This Agreement is subject to applicable Federal laws, Federal or State tariffs, if any, and the laws of the State of Kentucky. Any lawsuit against SCS Wireless must be brought in Mason County, Kentucky. Where Kentucky State and or Federal law regulate SCS Wireless’s service, terms and conditions, and if there are inconsistencies between this Agreement and the State or Federal law, the State or Federal law will amend this Agreement.
16. Entire Agreement
This Agreement, the Schedule of Rates and Charges executed by the parties hereto supersedes all prior discussions and Agreements between the parties with respect to the subject matter hereof and contains the sole and entire Agreement between the parties with respect to the matters covered hereby. This Agreement shall not be amended except in writing signed by and on behalf of the parties hereof. Your digital signature on the SCS Wireless Online Sign-Up Forms serves as your signature accepting the terms of this agreement.