The following terms and conditions apply to ACOM’s residential Internet and VoIP home phone services, herein referred to as “Services.”. These terms and conditions are subject to change from time to time. Use of ACOM’s Internet and Home VoIP services constitutes acceptance of these terms. If you do not accept these terms and conditions you must immediately cease use of the system and contact customer service so that we may disconnect your service.
Customers must be at least 18 years old to order services through ACOM. Customer agrees to utilizes services in a lawful manner and understands the inherent risks of utilizing the services. ACOM reserves the right to immediately cease service to customers in which are unlawfully utilizing the Services. Customer may not perform any network scanning, vulnerability scanning, penetration testing of the ACOM network or interfere with any other customer’s use of the service.
Payment and Billing
ACOM will bill for Installation and the first month of service at the time of order. All future invoices will be delivered electronically and will be billed one month in advance.
Payment will be due 30 days after invoice date. ACOMs will accept credit cards, certified funds, and personal checks as payment. Returned checks will incur a $50 fee payable immediately along with the balance due in certified funds.
Pricing is subject to change and will be posted on ACOM’s website.
ACOM Services are provided to our users month to month. A customer wanting to disconnect their service must do so in writing or email with 30 days notice. ACOM may also terminate service based on 30 days notice to customers.
Equipment and Installation
ACOM will install all necessary equipment to terminate the wireless connection to customer’s home. Once installed and payment received all equipment will be the property of the customer.
Customer must provide one 120V power connection for ACOM to utilize as a part of the installation and a place to install necessary equipment. We will handoff to the customer an RJ45 Ethernet connection for customer to use. Customer must provide power for equipment and place to install it.
ACOM has the right to refuse any installation that is deemed to be unsafe solely on the basis of ACOM’s field technician’s judgement.
ACOM will provide service to customers based on a best effort basis up to the maximum data rate a customer orders. ACOM also understands the importance of reliable connectivity and will strive to keep the network available 24 hours a day 365 days a year.
All necessary preventative maintenance will take place during non-peak hours and customer will be notified as far in advance as possible.
ACOM is a privately owned professional services company not a public utility. ACOM reserves the right to refuse service to any customer for any reason or lack thereof.
LIMITATIONS OF LIABILITY
(a) TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ACOM TO CUSTOMER
FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN
CONTRACT, WARRANTY, OR TORT, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES
NOT TO EXCEED PER CLAIM (OR, IN THE AGGREGATE, ALL CLAIMS ARISING DURING
ANY TWELVE-MONTH PERIOD) THE NET PURCHASE PRICE PAID BY CUSTOMER FOR
SERVICES AND/OR PURCHASED EQUIPMENT UNDER THE ORDER OR SOW, AS
APPLICABLE, THAT GAVE RISE TO THE LIABILITY. BOTH PARTIES UNDERSTAND AND
ACKNOWLEDGE THAT THE FEES HEREUNDER REFLECT THE ALLOCATION OF RISK AND
THE EXCLUSION OF CONSEQUENTIAL DAMAGES IN THIS AGREEMENT, AND THAT THE
LOSS OF ACOM’S SCHEDULED FEES UNDER THIS AGREEMENT WOULD CONSTITUTE
(b) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, SAVINGS OR
REVENUES OF ANY KIND OR INCREASED COST OF OPERATIONS, WHETHER OR NOT A
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) NEITHER PARTY SHALL BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING
TO: (i) INTEROPERABILITY, INTERACTION OR INTERCONNECTION PROBLEMS WITH
APPLICATIONS, EQUIPMENT, SERVICES OR NETWORKS PROVIDED BY THE OTHER
PARTY OR BY THIRD PARTIES; (ii) UNAUTHORIZED ACCESS BY A THIRD PARTY OR LOSS
OR DESTRUCTION OF THE OTHER PARTIES APPLICATIONS, CONTENT, DATA,
PROGRAMS, INFORMATION, NETWORK OR SYSTEMS.
(d) UNLESS SPECIFIED OTHERWISE IN AN ATTACHMENT, ACOM SHALL HAVE NO DUTY TO
DEFEND, INDEMNIFY AND HOLD HARMLESS CUSTOMER FROM AND AGAINST ANY OR
ALL DAMAGES AND COSTS INCURRED BY CUSTOMER ARISINg FROM THE
INFRINGEMENT OF PATENTS OR TRADEMARKS OR THE VIOLATION OF COPYRIGHTS
BY PURCHASED EQUIPMENT.
(e) NOTHING IN THIS SECTION LIMITS CUSTOMER’S RESPONSIBILITY FOR THE PAYMENT
OF CHARGES DUE AS PROVIDED HEREIN.
Any refund due to the customer will paid within 30 days by check via the US Post Office to the service address.
ACOM’s in it’s own discretion may determine whether a customer’s use is excessive. Any excessive use determined by ACOM may result in ACOM limiting a customer’s throughput or suspension of service. Likewise if any customer’s usage of the Services the impacts other customers or ACOM’s network may be immediately suspended.
Home phones provided by ACOM are for residential use. If patterns of call behavior that indicate a business or call center use ACOM will suspend service. All usage within the contiguous 48 states is included in the monthly service charge. All calls made to Alaska, Hawaii, or any international location will be billed in addition to monthly service charge . Customer must contact ACOM for rates to these locations.
ACOM’s home phone service is provided utilizing Voice over Internet Protocol or VoIP. Our standard home phone service comes with E911. Customer is responsible for providing ACOM the correct address for the location in which first responders will respond if 911 is called an an address can not be obtained. Customer also understands that after or during power outages, E911 service may not be available.