Terms and conditions for Warm Springs Telecom services
READ THIS AGREEMENT CAREFULLY BEFORE SUBMITTING YOUR APPLICATION. BY SUBMITTING AN APPLICATION FOR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT SUBMIT AN APPLICATION FOR SERVICE.
This agreement ("Agreement") is entered into between Warm Springs Telecommunications Company ("WSTC" or the "Company") and the applicant for service ("you" or "Customer") in connection with WSTC's provision of telecommunications, internet, and related services (the "Services") to Customer.
If your application is accepted, WSTC will provide you with the Services specified in your application. WSTC reserves the right to accept or reject any application in its sole discretion. The Services are subject to availability and technical feasibility.
WSTC may modify, suspend, or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. WSTC may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You acknowledge that from time to time and for various reasons, the Services may be interrupted or not available, and WSTC shall not be liable for any such interruptions or unavailability. WSTC does not guarantee that the Services will be error-free or uninterrupted, or that they will meet your specific requirements.
Either party may terminate this Agreement at any time, for any reason, with or without cause, upon thirty (30) days' written notice to the other party. WSTC may terminate or suspend your Services immediately, without notice, if:
Upon termination of this Agreement, you must immediately cease all use of the Services and return all equipment provided by WSTC. You will be responsible for payment of all charges incurred up to the date of termination, and you will not be entitled to any refund of prepaid charges.
If WSTC terminates this Agreement due to your breach, you may also be responsible for early termination fees, equipment charges, and any other applicable fees as specified in the applicable rate schedule or service order.
WSTC may provide certain equipment necessary for the provision of Services ("Equipment"). All Equipment provided by WSTC remains the property of WSTC, and you agree to return the Equipment in good working condition upon termination of Services. You are responsible for all Equipment provided to you and will be charged for any Equipment that is lost, stolen, or damaged while in your possession.
You may not move, relocate, disconnect, remove, or attempt to repair any Equipment without WSTC's prior written consent. You agree to provide WSTC with access to the Equipment for maintenance, repair, or removal as necessary.
You are responsible for providing and maintaining any customer premises equipment, including but not limited to computers, routers, wireless access points, and other devices that connect to WSTC's network. WSTC is not responsible for the installation, configuration, maintenance, or troubleshooting of customer-owned equipment.
You agree not to tamper with, modify, or otherwise interfere with any Equipment or WSTC's network. Any such tampering may result in immediate termination of Services and may subject you to legal action.
To obtain Services, you must complete and submit an application providing accurate and complete information. You agree to promptly update your account information if there are any changes. Providing false or misleading information may result in denial of service or termination of existing Services.
You are responsible for all use of the Services under your account, including use by others to whom you have given permission to use your account. You agree to notify WSTC immediately of any unauthorized use of your account.
You must be at least 18 years of age to apply for Services. If you are applying on behalf of a business or organization, you represent that you have the authority to bind that entity to this Agreement.
You agree to pay all charges for the Services as specified in the applicable rate schedule or service order. Charges may include monthly service fees, installation fees, equipment fees, usage charges, taxes, surcharges, and other applicable fees.
Payment is due upon receipt of your bill. A late fee may be assessed on any unpaid balance after the due date as specified on your bill. If payment is not received within thirty (30) days of the due date, WSTC may suspend or terminate your Services.
You are responsible for paying all charges incurred under your account, even if the Services were used by someone else. WSTC may change its rates and charges at any time upon thirty (30) days' notice to you.
You agree to pay all costs of collection, including reasonable attorney's fees, incurred by WSTC in collecting any amounts owed by you.
You are responsible for maintaining the confidentiality of any passwords, user IDs, or other authentication credentials associated with your account. You agree to notify WSTC immediately if you become aware of any unauthorized use of your account or any other breach of security.
WSTC will not be liable for any loss or damage arising from your failure to protect your account credentials or from any unauthorized use of your account, whether or not such use was authorized by you.
You are solely responsible for all activity that occurs under your account. You agree to use strong passwords and to change your passwords regularly to maintain account security.
WSTC will schedule installation of the Services at a mutually agreeable time. You agree to provide WSTC with access to your premises as necessary to install, maintain, and repair the Services and Equipment.
Installation fees may apply as specified in the applicable rate schedule or service order. You are responsible for ensuring that your premises are ready for installation, including providing adequate electrical power and physical space for Equipment.
WSTC is not responsible for any damage to your premises caused by installation, except to the extent such damage is caused by WSTC's gross negligence or willful misconduct. WSTC will make reasonable efforts to minimize any disruption to your premises during installation.
If you cancel or reschedule an installation appointment without providing at least 24 hours' notice, you may be charged a cancellation or rescheduling fee.
WSTC reserves the right to monitor usage of the Services to ensure compliance with this Agreement, to protect the integrity and security of WSTC's network, and to provide customer support. Such monitoring may include review of data transmission volumes, bandwidth usage, and other network activity.
WSTC does not routinely monitor the content of customer communications, but reserves the right to do so if necessary to protect the network, to comply with legal requirements, or to investigate suspected violations of this Agreement.
You acknowledge that the Services are not private and that WSTC may be required to disclose information about your use of the Services to law enforcement or other third parties as required by law or court order.
WSTC may provide or make available certain software in connection with the Services. Any such software is licensed to you, not sold, and your use of the software is subject to the terms of the applicable license agreement.
You may not modify, reverse engineer, decompile, or disassemble any software provided by WSTC, except to the extent permitted by applicable law. You may not rent, lease, loan, or otherwise transfer the software to any third party.
WSTC may provide updates or upgrades to the software from time to time. You agree to install such updates and upgrades as necessary to maintain the functionality and security of the Services.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WSTC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WSTC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WSTC DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
WSTC IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT, OR FOR ANY LOSS OF DATA, THAT RESULTS FROM YOUR USE OF THE SERVICES.
YOU ACKNOWLEDGE THAT USE OF THE INTERNET IS INHERENTLY INSECURE AND THAT WSTC CANNOT GUARANTEE THE SECURITY OF DATA TRANSMITTED OVER THE INTERNET. YOU ARE RESPONSIBLE FOR IMPLEMENTING YOUR OWN SECURITY MEASURES, INCLUDING FIREWALLS, ANTI-VIRUS SOFTWARE, AND OTHER PROTECTIVE MEASURES.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, WSTC'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO WSTC FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL WSTC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WSTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you.
Acceptable Use: You agree to use the Services only for lawful purposes and in accordance with this Agreement. You may not use the Services to:
Indemnification: You agree to indemnify, defend, and hold harmless WSTC, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to your use of the Services, your violation of this Agreement, or your violation of any rights of another.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Confederated Tribes of Warm Springs and, to the extent applicable, the laws of the State of Oregon and the United States, without regard to conflict of law principles.
Dispute Resolution: Any dispute arising out of or relating to this Agreement shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiations, either party may pursue resolution through the Tribal Court of the Confederated Tribes of Warm Springs.
Entire Agreement: This Agreement, together with any applicable rate schedules and service orders, constitutes the entire agreement between you and WSTC with respect to the Services and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
Modifications: WSTC may modify this Agreement at any time by posting the modified terms on its website or by providing notice to you. Your continued use of the Services after such notice constitutes your acceptance of the modified terms.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver: WSTC's failure to enforce any provision of this Agreement shall not be construed as a waiver of that provision or of WSTC's right to enforce that provision at a later time.
Assignment: You may not assign or transfer this Agreement or your rights under this Agreement without WSTC's prior written consent. WSTC may assign or transfer this Agreement or its rights under this Agreement at any time without notice to you.
WSTC provides internet service to your premises and ensures that service is delivered to your modem or network interface device. WSTC provides basic technical support for WSTC-provided equipment and connectivity issues.
Services Covered by WSTC:
Services NOT Covered by WSTC (Customer Responsibility):
If you require assistance with customer-owned equipment or home networking issues beyond WSTC's basic support, you may need to:
WSTC staff will make reasonable efforts to provide general guidance, but cannot guarantee resolution of issues related to customer-owned equipment or complex home networking configurations. WSTC is not responsible for any issues arising from customer equipment, configuration, or network design.
WSTC is committed to providing reliable, high-quality internet service to all customers. To ensure the best possible experience for all users and to maintain the integrity and security of our network, WSTC implements reasonable network management practices.
Traffic Management: WSTC operates a "best effort" network, meaning that we make our best effort to deliver the bandwidth you have purchased, but we do not guarantee that your full subscribed bandwidth will be available at all times. Network performance may be affected by factors including:
Fair Use and Network Congestion: During periods of network congestion, all customers' traffic is treated equally on a "first-come, first-served" basis. WSTC does not prioritize certain types of traffic, applications, or content over others, except as necessary for reasonable network management.
Prohibited Activities: To protect the network and ensure quality service for all customers, WSTC prohibits certain activities that may harm the network or interfere with other customers' service, including:
Security Measures: WSTC implements security measures to protect the network and customers from threats such as viruses, malware, spam, and cyber attacks. These measures may include:
Protocol and Application Neutrality: WSTC does not block or throttle lawful internet traffic based on content, application, service, or website, except as necessary for reasonable network management or as required by law. We treat all legal content, applications, and services equally.
Transparency: WSTC is committed to transparency in our network management practices. We will notify customers of any significant changes to our network management policies. Detailed information about our network management practices is available on our website and upon request.
If you experience service issues or have questions about network management, please contact WSTC technical support at (541) 615-0555 or support@wstel.com.
If you have any questions, concerns, or need clarification about any part of this Service Agreement, please contact us:
Phone: (541) 615-0555
Email: support@wstel.com