Service Agreement

Service Agreement

PLEASE READ THIS SERVICE AGREEMENT CAREFULLY AS IT IMPOSES OBLIGATIONS UPON YOU. TOGETHER WITH THE ACCEPTABLE USE POLICY AND THE PRIVACY STATEMENT, IT GOVERNS YOUR USE OF THE INTERNET ACCESS AND OTHER INFORMATION, COMMUNICATION AND TRANSACTION SERVICES COLLECTIVELY CALLED THE “SERVICE” PROVIDED TO YOU BY BEL AIR INTERNET. THIS AGREEMENT, THE ACCEPTABLE USE POLICY, AND THE PRIVACY STATEMENT SUPERSEDE ALL PRIOR COMMUNICATIONS AND AGREEMENTS WITH REGARD TO THIS SUBJECT MATTER.

1. Service
1.1. By completing the enrollment process to become a subscriber of the Service or by using the Service or any software or hardware provided by Bel Air Internet or its suppliers, you agree to accept the terms of this Agreement including the Acceptable Use Policy and the Privacy Statement. Bel Air Internet may change this Agreement at any time by notifying you or by posting the revised Agreement on its website. Each time you (or other people authorized by you) use the Service reaffirms your acceptance of the then-current Agreement. If you do not wish to be bound by the then-current Agreement, you may not access or use the Service.

1.2. You acknowledge that each account provides one connection to the Service. Although you may share the Service among computers in your residence, Bel Air Internet does not provide the equipment, knowledge, or labor to do so. It is solely your responsibility to install and maintain a means of sharing the connection and securing your home network. Bel Air Internet may refer subscribers to independent contractors that provide in-home networking services, but Bel Air Internet does not warrant or guarantee the work performed by any third party, including independent contractors with which Bel Air Internet may hold agreements.

1.3. You acknowledge that Bel Air Internet is not directly affiliated with your community, developers of residences, or homeowner associations in your community. Residence in or ownership of property in the community does not entitle any person to become a subscriber, sustain a subscription, or access the Service. Bel Air Internet decides in its sole discretion who may subscribe to the Service.

1.4. Your service is not transferable if your leave the community, nor is leaving the community grounds for termination of this Agreement. New owners or tenants of a former subscriber’s residence must apply to Bel Air Internet for Service and agree to the terms and conditions of this Agreement.

1.5. Bel Air Internet may discontinue or alter any service level or aspect of the Service at any time, with or without notice, without liability, and in Bel Air Internet’s sole discretion.

2. Your Obligations
2.1. You agree to provide Bel Air Internet with accurate, current, and complete information, to the extent required by Bel Air Internet for registration as a subscriber of the Service or at any time thereafter, and to maintain and to update this information as required to keep it accurate, current and complete.

2.2 You represent and warrant that your are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Service in accordance with this Agreement. You agree to be financially responsible for your use of the Service (as well as for use of your account by others, including minors living with you) and to comply with the responsibilities and obligations as stated in this Agreement.

2.3 If the subscriber is not an individual but a legal entity, the person signing the Agreement hereby represents and warrants to Bel Air Internet that they are duly authorized to execute and deliver this Agreement on behalf of such legal entity to whom the benefit of the Service is being conferred, and that such entity will comply with and be bound by the terms and conditions of this Agreement.

2.4. You agree that you are responsible and liable for any activity by any person who uses your account to access the Service. Other users of your account will be bound by this Agreement as if they were you. You further agree that you are responsible for maintaining the confidentiality of the network passwords and for any liability resulting from disclosure of the passwords. You agree that, upon becoming aware that your account is or possibly is being used without authorization, you will immediately notify Bel Air Internet.

2.5. You agree that Bel Air Internet may establish general, non-discriminatory practices and limits concerning use of the Service. You acknowledge that Bel Air Internet may implement prioritization practices in connection with accessing the Service. You acknowledge that any limits Bel Air Internet establishes may differ for subscribers based on factors determined in Bel Air Internet’s sole discretion, which may or may not include, among others, a subscriber’s chosen service level, specific usage patterns, and geographic location. You also acknowledge that Bel Air Internet reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

2.6. You agree that it is your responsibility to ensure that your computer system and software meets current minimum requirements as being necessary to use the Service. From time to time the computer equipment required to access and use the Service may change. Accordingly, your computer equipment may cease to be adequate to access the Service. You are solely responsible for upgrading your computer systems and software to meet the then-current minimum system requirements.

3. Content
3.1. You acknowledge that information, communications, photographs, video, graphics, software, music, sounds and other materials may be accessible through use of the Service. You acknowledge that, as a matter of policy, Bel Air Internet does not pre-screen such materials, but that Bel Air Internet has the right but not the obligation to remove from its servers materials that Bel Air Internet, in its sole discretion, determines to be in violation of the Acceptable Use Policy. You further acknowledge that Bel Air Internet does not have the capability to monitor, review, restrict, edit or remove materials made available by third parties on the Internet, and you agree that your must evaluate and bear all risks associated with the use of any materials, including any reliance on the accuracy, completeness, or usefulness of such materials. The fact that Bel Air Internet provides a link to a particular Web page is not an indication that it endorses that site’s policies or the content or products available from that site.

3.2. You acknowledge that materials available through the Service may be protected by copyright, trademarks, and other intellectual property rights. You agree that use of such materials is governed by all applicable laws and regulations and by any further restrictions placed on such materials by their owners or licensors. You further agree that all liability arriving out of your violation of any such protection or restrictions shall be within the scope of the indemnity set forth in section 7.3.

3.3. You acknowledge that the Service may provide certain public areas (e.g. message boards, newsgroups, forums, and public mailing lists), and that Bel Air Internet is a distributor and not a publisher of information disseminated by persons using the Service. By posting, uploading or transmitting material to any such area, you are requesting Bel Air Internet to make such material available to others, and you are acknowledging that placing such material in a public area will result in copies of such material being transmitted to others. By posting, uploading, or transmitting material to any public area, you (i) grant to Bel Air Internet a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, distribute, display, and create derivative works from, such material (in whole or in part) and to incorporate it into other works in any form, media or technology (whether now known or later developed) and (ii) warrant that the owner of any rights in the material, including intellectual property rights, has waived such rights and has given you the right to grant the license described above.

4. Fees
4.1. You are solely responsible for any charges to your account and any activities conducted through your account by you or by other persons. By using a credit card or other payment method to pay for any billable portions of the Service, you expressly authorize Bel Air Internet or its agents to charge all fees, applicable taxes, and other charges incurred in connection with your service to the credit card or other payment method you have designated, and such authorization will remain valid while your subscribe to the Service. If you use a credit card and Bel Air Internet does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by Bel Air Internet. You further agree and understand that Bel Air Internet charges by the month, not the day, and there will be not proration for refund of credit of any unused portion of the month.

4.2. If Bel Air Internet does not receive the amount of your account balance within 30 days of the applicable invoice date, an additional 1.5% (or the highest amount permissible by law, if less) per month of the amount outstanding may be added to your invoice as a late charge. You will be liable for all attorney and collection fees arising out of Bel Air Internet’s efforts to collect any unpaid balance of your account. If you believe that a billing discrepancy has occurred, your must notify Bel Air Internet within 45 days after the date of the relevant account statement from your credit card issuer or financial institution or such amounts will be deemed to have been accepted by you. You agree to release Bel Air Internet from any liability for any error or discrepancy that is reported to Bel Air Internet after such period.

4.3. You acknowledge that the Service is automatically billed each month on or about the first day of each month and will continued to be in the future until you terminate your account according to the termination provisions in section 5. You further acknowledge that subscriptions to the Service will continue and renew automatically, unless terminated by Bel Air Internet or by you under the termination provisions in section 5.

4.4. Bel Air Internet reserves the right at any time to change its fees and charges for use of portions of the Service, to institute new or additional fees, and to change its policies, methods, and procedures with respect to pricing, billing, cancellations, and surcharges.

5. Termination
5.1. You understand that you may cancel your Service at any time by sending Bel Air Internet written email notice. Such notice must be received by the 25th day of the month for cancellation to be effective as of the first day of the following month. You further agree and understand that Bel Air Internet charges by the month, not the day, and there will not be any proration of days for refund of credit of any unused portion of the month. The email notice must contain the following information: your full name, building and unit, termination date and reason for terminating service. If you signed a term contact or equipment lease agreement, you agree that you are responsible for paying the balance of the subscription and lease termination payment upon termination of the Service and authorize Bel Air Internet to charge your credit card or your direct-debit account for the amount owed to Bel Air Internet. You further agree to return all leased Bel Air Internet equipment within 15 days from the time the Service is canceled. All cancellations must be emailed to quit@belairinternet.com and will be considered effective only after you have received a confirmation email with cancellation effective date. All cancellations will become effective as of the last day of the month. You agree that there will be no refunds or credits for any unused days of the month.

5.2. You acknowledge that if you are dissatisfied with this Agreement or any terms, policies, or practices of Bel Air Internet in operating the Service, any content available through the Service, or any change to any of the foregoing, your sole recourse is to cancel the Service.

5.3. Bel Air Internet may terminate your access to the Service and to your account at any time, with or without written notice, for non-payment of any fees or charges due under this Agreement or for any other violation of this Agreement or the Acceptable Use Policy. Bel Air Internet may also terminate your access to the service and to your account without cause by notifying you 15 days in advance. Upon termination, you will have no right to continue to use the Service or access any stored content on the Service and any such content will be forfeited. You acknowledge that if an account on the Service is terminated any unread e-mail sent prior to termination may be deleted from the Service.

5.4. Bel Air Internet reserves the right to refuse the application or reapplication of anyone whose account has been canceled for a violation, or anyone whom Bel Air Internet suspects is acting on behalf of someone whose account has been canceled for a violation. Bel Air Internet reserves the right to cancel or suspend all other accounts belonging to you if one of your accounts was involved in a violation. Bel Air Internet reserves the right to disconnect or temporarily suspend an account without warning if Bel Air Internet believes in good faith that such disconnection or suspension would prevent or stop a violation of this Agreement.

5.5 There will be a $200 cancellation fee charged to the customer by BAI if the DirecTV contract is terminated prior to the expiration of the two year contract term. This fee is in addition to and separate from any cancellation fees that DirecTV will charge separately.

6. No Warranties
6.1. You agree that your use of the Service is at your sole risk. You acknowledge that although the Service provides access to the Internet, the Internet is not owned, operated, or managed by Bel Air Internet.

6.2. With respect to information, goods and services provided or accessed on or through the Service or otherwise available on the Internet, Bel Air Internet (i) has no responsibility or obligation with respect to and does not endorse any information, good or service, (ii) makes no warranties whatsoever express or implied with regard to any information, good or service including, without limitation, warranties of accuracy, completeness, usefulness, merchantability, safety or fitness for a particular purpose, (iii) will not be a party to a transaction between you and any other user of the Service and (iv) will not be liable, under any circumstance, for any loss, cost or damage arising directly or indirectly from any act or omission of any person or from any information, good or service; except to the extent the foregoing may not be disclaimed under law. Bel Air Internet does not assume liability to subscribers or others for any failure to enforce the Acceptable Use Policy.

6.3. BEL AIR INTERNET DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. BEL AIR INTERNET DOES NOT GUARANTEE CONNECTIVITY AT ANY TIME, FOR ANY LENGTH OF TIME OR AT ANY PARTICULAR SPEED. THE SERVICE, SOFTWARE, AND HARDWARE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY BEL AIR INTERNET, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION.

6.4. You acknowledge and agree that by using wireless equipment to connect to our internet your service may be impacted. Such wireless equipment includes but is not limited to microwave ovens, cordless phones, infant monitors, wireless security cameras, wireless routers and other wireless networking equipment. You acknowledge and agree that interference from these devices can affect the speed and quality of your service and that the introduction of such devices in your residence or in the community is beyond Bel Air Internet’s control, and Bel Air Internet is not responsible for any such sources of interference or the effect they have on service speed and quality.

7. Limitation of Liability; Indemnification
7.1. YOU AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE AND FUNDAMENTAL BREACH WILL BEL AIR INTERNET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUPPLIERS, OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES INCURED BY YOU OR ANY OTHER PERSON USING YOUR ACCOUNT FROM OR THROUGH THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, LOSS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATIONS OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BEL AIR INTERNET’S RECORDS, PROGRAMS OR SERVICES. BEL AIR INTERNET’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE, HARDWARE OR THE SERVICE WILL BE REPLACEMENT OF MEDIA CONTAINING THE SOFTWARE OR HARDWARE THAT BEL AIR INTERNET DEEMS TO BE DEFECTIVE OR THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU DURING THE PRIOR TWELVE-MONTH PERIOD, IF ANY. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN JURISDICTIONS WHICH RESTRICT LIMITATION OF LIABILITY PROVISIONS, BEL AIR INTERNET’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7.2. YOU AGREE THAT ALL DISPUTES, CLAIMS, AND CONTROVERSIES BETWEEN YOU AND BEL AIR INTERNET ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH THEREOF (EXCEPT FOR NON-PAYMENT OR LATE PAYMENT AND BREACH OF ANY OBLIGATION OF CONFIDENTIALITY OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT FOR WHICH AN INJUNCTION MAY BE SOUGHT) SHALL BE SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE CONDUCTED BY ONE ARBITRATOR UNDER THE THEN-CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE POWER OF THE ARBITRATOR SHALL BE LIMITED TO THAT POSSESSED BY A SUPERIOR COURT JUDGE IN CALIFORNIA. THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES OR REMEDIES IN EXCESS OF THOSE ALLOWED BY THE PROVISIONS OF THIS AGREEMENT. THE DECISION AND AWARD OF THE ARBITRATOR SHALL BE FINAL, BINDING, AND NOT APPEALABLE, AND JUDGMENT ON THE AWARD SO RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL BE HELD IN LOS ANGELES COUNTY, CALIFORNIA, AND THE AWARD SHALL BE DEEMED TO BE MADE IN CALIFORNIA.

7.3. YOU AGREE TO INDEMNIFY BEL AIR INTERNET FOR ANY VIOLATION OF THIS AGREEMENT, THE ACCEPTABLE USE POLICY, OR APPLICABLE LAW THAT RESULTS IN LOSS TO BEL AIR INTERNET OR THE BRINGING OF ANY CLAIM AGAINST BEL AIR INTERNET BY ANY THIRD PARTY. YOU FURTHER AGREE TO PAY ANY DAMAGES AWARDED AGAINST BEL AIR INTERNET, PLUS COSTS AND REASONABLE ATTORNEY FEES THAT IS A RESULT OF YOUR VIOLATION OF ANY PART OF THIS AGREEMENT OR ACCEPTABLE USE POLICY.

8. Miscellaneous
8.1. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to affect the original intentions of the parties, and the remainder of this Agreement will remain in full force and effect.

8.2. This Agreement and its enforcement will be governed by, and construed in accordance with, the laws of the State of California, without regard to conflicts-of-law principles. Subject to section 7.2 above, you consent to the exclusive jurisdiction of the state and federal courts situated in the State of California in connection with any action arising under this Agreement or relating to the Service, and to having any judgment or order from such jurisdiction recognized in any other court, tribunal or other governmental body in order to have the same enforced against you. Any cause of action brought by or on behalf of you with respect to this Agreement, the Service or Software must be commenced pursuant to section 7.2 above within one year after the claim or cause of action arose.