WHEN YOU ENROLL IN, USE, OR PAY FOR THE SERVICES, YOU AGREE TO THE PRICES, TERMS, AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE PRICING OR TO ANY TERMS OR CONDITIONS, CANCEL THE SERVICES IMMEDIATELY BY CALLING US ON OUR CUSTOMER SERVICE LINE DURING NORMAL BUSINESS HOURS.
1. Registration Information
To order and receive the Service, you acknowledge that you are 18 years of age or older, and you have legal authority to enter into this Agreement. Additionally, you must:
(1) represent that all information provided during the registration process is accurate and complete;
(2) provide Quantum Communications with accurate and complete billing information, including legal name, address, telephone number, and credit or debit card/billing information, and;
(3) report any and all changes to this information to Quantum Communications within thirty (30) days of the change.
Quantum Communications may accept or reject any potential subscriber to the Service in its sole discretion. Quantum Communications reserves the right to verify the accuracy of the information you submit in connection with your registration and your account and you consent to such verification. Quantum Communications reserves the right to validate the payment method information you provide at registration and account updates. Quantum Communications does not accept any liability for any incorrect information provided by Subscriber.
2. Payment Obligations
(2.) Billing Commencement Date. The fees and charges for the Services begin to accrue on the Billing Commencement Date. If Quantum Communications installs your Services, the Billing Commencement Date is the day of installation. If you self-install Quantum Communications Equipment or Purchased Equipment that we have provided to you, the Billing Commencement Date is the earlier of (i) the day you install, or pick up from a Quantum Communications office or employee, such equipment, or (ii) 5 days after the shipment date.
(3.) Billing errors. Subject to applicable law, you must notify us of any billing errors or other requests for refund within 60 days of the date on the bill.
3. Acceptable Use Policy and Termination
(2.) No resale. You agree and represent that you are buying the Services for your own personal use only and that you will not resell or permit another to resell the Services. You agree to ensure that all uses of the Quantum Communications Equipment and Services installed at your premises are legal and appropriate.
(4.) Network congestion or failures. Calls, including calls to 911/E911, may not be completed if there is a problem with network facilities, including network congestion, network or network equipment failure, or another technical problem.
(5.) Phone service acceptable use. Unless you subscribe to a plan that expressly permits otherwise (such as, for example, a wireless service purchased under the name of a business), you agree to use the Quantum Communications Phone Services only for personal and non-commercial purposes; however, you are permitted to use the Quantum Communications Phone Services to make business calls that are incidental to your personal and non-commercial use of the Quantum Communications Phone Services. You expressly agree not to use the Services for auto- dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or for any other use that results in excessive usage inconsistent with normal residential calling patterns. If we determine, in our sole discretion, that your Quantum Communications Phone Services are being used for any of the aforementioned activities, we reserve the right (i) immediately and without notice to terminate or modify the Services and (ii) to assess additional charges for each month in which excessive usage occurred.
(6.) General. You are responsible for all Internet activity and bandwidth usage originating from your or others’ use of your Services, including under any screen name or password. You agree to ensure that all use of your Services complies fully with this Agreement. You are solely responsible for protecting the confidentiality of your screen names, passwords, PINs, parental controls, and other security measures, and Quantum Communications shall have no liability for your failure to do so.
4. Monitoring the Service
While Quantum Communications has no obligation to monitor the Services, it may do so and disclose information regarding use of the Services for any reason if Quantum Communications, at its sole discretion, believes it is reasonable to:
(1) comply with laws, regulations, or governmental or legal requests;
(2) operate the technical aspects of the Service in a proper, effective, and reasonable manner;
(4) prevent breaches of this Agreement or other Quantum Communications policies; or
(5) enforce the Quantum Communications Acceptable Use Policy.
Monitoring. Quantum Communications shall have the right, but not the obligation, to also monitor the content of the Services, including chat rooms, bulletin boards and forums, in order to determine compliance with this Agreement and any operating rules established by Quantum Communications. Quantum Communications shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, Quantum Communications shall have the right to remove any material that Quantum Communications, in its sole discretion, finds to be in violation of the provisions hereof or any operating rules established by Quantum Communications hereafter, or otherwise to be objectionable (including indecent or obscene words or material; obstructive or disruptive communications; epithets and the like). Under no circumstances, however, does Quantum Communications undertake any obligation to review or determine the acceptability or accuracy of any Customer postings.
5. Cancellation and Termination
The Subscriber may cancel the Service after the term has expired by providing written notice to Quantum Communications at least ten (10) business days prior to the end of your Service. Quantum Communications will issue a confirmation email as your proof of cancellation of your Service. Your termination will only be complete upon your receipt of a cancellation confirmation email. Accounts are set to close at the end of the current billing period. If a termination notice is received less than 10 business days prior to the end of your current billing cycle, charges to your account may continue until the end of the following billing cycle. Quantum Communications does not grant refunds or credits for any prior use including partial use during the last month of cancellation.
Quantum Communications may terminate or suspend your account at any time for any reason, including, without limitation, if:
(1) your account is delinquent because charges on your method of payment were refused for any reason, you failed to make payment when due or you did not provide Quantum Communications with a new debit/credit card expiration date or expiration date of any other method of payment before the existing date expired;
(2) Quantum Communications, in its sole discretion, believes you have breached this Agreement or other Quantum Communications policies.
(3) your use of the Services is prohibited by law.
(4.)Quantum Communications may terminate services for any reason.
If we suspend Service or terminate this Agreement for any other reason than those listed above, we must first give you 30 days’ notice. If we terminate this Agreement for a reason other than your violation of this Agreement, all applicable fees and charges will accrue until the date of termination, but we will refund all prepaid monthly service fees charged for Services after the date of termination (less any outstanding amounts due Quantum Communications for the Services, affiliate services, equipment, or other applicable fees and charges). You understand and acknowledge that all Quantum Communications Phone Services, including 911/E911, will be disabled because of termination of your account.
Upon cancellation or termination, notice will be sent to you via your contact email or mailing address on file, which you are responsible to provide. All equipment leased to Subscriber shall be returned to Quantum Communications immediately upon termination. Equipment not returned within ten (10) days of termination of Service will be subject to an additional fine of $50.00. Equipment not returned within thirty (30) days of termination of Service, or equipment returned in a condition that renders it unusable, will be subject to a charge for the replacement value of the equipment. Subscriber agrees that Quantum Communications has the right to delete all data, files or other information that is stored in Subscriber’s account if the account is terminated, for any reason, by Quantum Communications or Subscriber.
6. Disclaimers and Warranties
(1.) Equipment Purchased from Quantum Communications. Quantum Communications may offer to sell equipment that you may purchase in connection with your use of the Services. By purchasing the Purchased Equipment, you agree to the following terms and conditions. You agree and represent that you are purchasing Purchased Equipment solely for your own personal use of the Services and not for resale, lease or use for or on behalf of any other person or entity. Quantum Communications shall have the unrestricted right, but not the obligation, to download and/or upgrade the software or firmware in Purchased Equipment, or to replace the Purchased Equipment with a comparable device (which does not have to be of the same model or type as the equipment that you originally purchased), at any time that Quantum Communications, in its sole discretion, determines it is necessary or desirable. You agree to be subject to the early termination charges as described in connection with Quantum Communications subsidization of Purchased Equipment.
(2.) SUBSCRIBER ACKNOWLEDGES THAT THE SERVICES AND THIRD PARTY NETWORKS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QUANTUM COMMUNICATIONS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. QUANTUM COMMUNICATIONS MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH QUANTUM COMMUNICATIONS OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY QUANTUM COMMUNCATIONS WILL CREATE A WARRANTY. QUANTUM COMMUNICATIONS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND VENDORS WILL HAVE NO LIABILITY FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, THE CUMULATIVE LIABILITY OF ANY QUANTUM COMMUNICATIONS PARTY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM. QUANTUM COMMUNICATIONS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND VENDORS WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS PROCEEDINGS IN CONNECTION WITH THE SERVICES RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE SERVICE; INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS; DELAYS IN OPERATION, TRANSMISSIONS, CORRUPTION OF DATA, INVALID DESTINATIONS OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; THE USE OF THE SERVICE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL PRODUCTS OR OTHER INFORMATION; OR THE MERCHANTABILITY OF ANY MERCHANDISE OR OTHER ITEMS PROVIDED OR SOLD BY THIRD PARTY WEB SITES.
THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF QUANTUM COMMUNICATIONS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND VENDORS WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TOTHE CAUSE OF ACTION AGAINST ANY QUANTUM COMMUNICATIONS PARTY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR EXCLUSIVE AND ONLY REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET FORTH THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
(3.) Limitations on liability for malfunctions and intellectual property claims. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY (INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, OR OTHERWISE), SHALL THE QUANTUM COMMUNICATIONS PARTIES OR THEIR SERVICE PROVIDERS HAVE ANY LIABILITY TO YOU OR TO ANY PERSON OR ENTITY FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, OR PERSONAL INJURIES (INCLUDING DEATH), RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, REMOVAL, OR USE OF THE SERVICES, INCLUDING LACK OF 911/E911 OR DIALING ASSOCIATED WITH A SECURITY SYSTEM, OR THE USE OR ATTEMPTED USE OF OR CUSTOMER’S RELIANCE ON OR USE OF THE QUANTUM COMMUNICATIONS EQUIPMENT, PURCHASED EQUIPMENT, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURES OR MALFUNCTION, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, LOSS OF INFORMATION OR DATA, OR FAILURE OF PERFORMANCE OF THE QUANTUM EQUIPMENT, PURCHASED EQUIPMENT, OR SERVICES; OR (ii) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE QUANTUM COMMUNCATIONS EQUIPMENT, PURCHASED EQUIPMENT, OR THE SERVICES BY CUSTOMER OR ANY OTHER PERSON OR ENTITY INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.
7. Service Speed, Availability and Maintenance
You understand and agree that the actual throughput rate you may experience at any time will vary based on numerous factors, including but not limited to the condition of wiring at your location, computer configurations, Internet and Quantum Communications network congestion and management, the time of day at which the Service is used, and the website servers you access. In addition, Wireless Internet and Phone Service are provided over radio frequencies and are available only within the operating range and limitations of radio equipment. Radio signals are subject to inherent limitations, including but not limited to blockage from the horizon or intervening terrain, structures or heavy foliage, and the effects of excess distance, multipath distortion, radio or electronic interference, and other natural or man- made conditions, as well as the availability of electrical power and interconnection with telephone and data networks. You acknowledge that Wireless Internet and Phone Service are not available in all areas and that even within the Quantum Communications network coverage area the availability, quality, signal strength and network speeds may vary, may be lower than advertised and may be insufficient for use of the Service.
Without prior notice, Quantum Communications may suspend the operation of the Quantum Communications Website and/or the Services for repair or maintenance work or in order to update or upgrade the contents or functionality of the Quantum Communications Website.
You agree that any unavailability or impairment of these services is not a basis for a demand for a refund or credit or any claim against Quantum Communications. You agree to cooperate with Quantum Communications in connection with any remote or on-site service level verification or troubleshooting.
You agree to defend, indemnify and hold Quantum Communications harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages including, but not limited to, direct, indirect and consequential, attorney’s fees and expenses that Quantum Communications may sustain or incur by reason of your use of the Service or the use of the Service by anyone else through your account including, use of the Service:
(1) in violation of applicable laws or regulations or the terms of this Agreement, or any other Quantum Communications agreement or policy;
(2) to transmit any messages, content, images or other information via the Internet;
(3) in connection with any claims for infringement of any intellectual property rights arising from or in connection with such use; or (4) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible property.
9. Customer Service and Technical Support
If you have any enquiries, complaints, customer service support issues, questions regarding charges to your account or any other concern about Quantum Communications Website or Services, please address them to the appropriate contacts 541-516-0738.
This Agreement sets out all of the terms agreed between the Subscriber and Quantum Communications in relation to the subjects covered within. Quantum Communications may revise, amend, or modify this Agreement and any other policy at any time and in any manner without notice by posting the revised version on the Quantum Communications Website. The revised version will be effective on the date that it is posted. Subscriber’s rights herein under this Agreement may not be assigned and duties may not be delegated without the prior written consent of Quantum Communications, and any attempted assignment or delegation without such consent will be void. Accounts that have been transferred to other parties, or show other activity in violation of this Agreement, are subject to immediate cancellation. If one or more provisions of this Agreement are held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. The remaining provisions shall remain in full force and effect and be construed as nearly as possible to reflect the original intent of the parties. Quantum Communications will not be liable for delays, damages or failures in performance because of causes beyond its reasonable control, including, but not limited to, acts of a government in its sovereign capacity, acts of war, terrorism, acts of a public enemy, fires, earthquakes, acts of God, labor disputes, strikes, work slow-downs or other labor-relate.