YOUR USE OF THE SERVICE SHALL CONSTITUTE AN ACCEPTANCE OF THE TERMS BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS DO NOT USE ATLINK SERVICE.
Introduction
This AtLink Subscriber Agreement (the “Agreement”) sets forth the terms and conditions under which @Link Services, LLC (“AtLink Services”), together with any AtLink Services’ affiliate and/or distribution partner (collectively, “AtLink”), agrees to provide the AtLink high speed internet service (hereinafter the “Service”) to you. By completing the registration and using the Service, you (i) agree to abide by, and require others using the Service via your account to abide by, the terms of this Agreement, and (ii) represent and warrant that you are at least 18 years of age. If you do not agree with the foregoing, you may not use the Service and must return the installation software, equipment, and all associated materials to AtLink. This Agreement takes effect on the date on which you first use our Service and continues until you have permitted us to retrieve our Service equipment from your premises.
AtLink reserves the right to modify the terms of this Agreement or prices for the Service and may discontinue or revise any or all other aspects of the Service or this Agreement in its sole discretion at any time by posting changes online. Your continued use of the Service after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any software or related materials provided by AtLink. This Agreement should be read in conjunction with our Acceptable Use Policy, (“AUP”), Online Privacy Policy, and other applicable policies, the terms of all of which are incorporated herein by reference.
1. Your Subscription
Your subscription entitles you to use the Service. Your subscription is personal to you, you agree not to assign, transfer, resell or sublicense your rights as a subscriber. You agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from your use of the Service or by another using your computer. You agree to contact the AtLink Customer Service immediately upon the occurrence of any change in the status of your account (e.g., change in individuals authorized to use your account) for the purpose of updating your account information. In addition, you agree that you shall not interfere with or disrupt the integrity or performance of any services, data, or products of any of AtLink’s third party licensors and vendors whose services, data, or products are provided to you as part of AtLink’s Service to you.
2. Payment Terms
You agree to be responsible for any and all charges, damages, and costs that you or anyone using your AtLink account incurs. You agree to pay all monthly fees and installation charges including, but not limited to, applicable, taxes, tariffs, customer service fees, and late fees. Monthly fees will be billed one month in advance. If payment is not received by the due date, late fees and/or collection charges may be assessed and the Service may be terminated. You may incur third party charges including, without limitation, charges relating to the purchase of “premium” services, such as HBO, Prime, and Netflix services, in addition to those billed by AtLink. All such charges, including all applicable taxes, are your sole responsibility.
Emailed invoices are provided free of charge. Printed and mailed invoices will incur an additional $2.00 monthly charge. Bank Draft (ACH) returns will be charged a $50.00 return fee. Check returns will be charged a $50.00 return fee. If the monthly invoice is not paid by the due date on the invoice, the account will be charged a $10.00 Late Fee. If the account remains unpaid after the late fee has been assessed, the service is subject to suspension for non-payment at any time. The service will remain suspended until the past due invoice is paid in full. A $25.00 Re-connection Fee will apply once the service is reactivated. If the account is not paid in full within two weeks after Suspension, AtLink will schedule the Equipment to be retrieved from your premises. Any AtLink-owned Equipment retained by you after termination of Service will be charged to you if you neglect or refuse to allow AtLink personnel to come to your premises to retrieve the AtLink-owned Equipment. (See paragraph 6 below.)
If you miss a scheduled service call you agree that AtLink may charge a $50.00 Reschedule fee.
SUBSCRIBER ACKNOWLEDGES THAT ATLINK MAY REQUIRE A SECURITY DEPOSIT EITHER IN PRE-PAYMENT OR ALTERNATIVELY IN THE FORM OF A CREDIT CARD OR ACH DEPOSIT. IN THE EVENT PAYMENT IS NOT RECEIVED BEYOND THIRTY CALENDAR DAYS OF DUE DATE, ATLINK RESERVES THE RIGHT TO CHARGE THE OUTSTANDING BALANCE AGAINST THE DEPOSIT AND/OR CREDIT CARD AND ACH PROVIDED. IF YOU FAIL TO MAKE TIMELY PAYMENT, ATLINK MAY TERMINATE OR SUSPEND SERVICE.
3. Software License
AtLink grants to you a limited, nonexclusive, nontransferable and non-assignable license to install and use AtLink’s access software (including software from third party vendors that AtLink distributes (hereinafter referred to as the “Licensed Software”) in order to access and use the Service. AtLink and its licensors may modify the Licensed Software at any time, for any reason, and without providing notice of such modification to you. The Licensed Software constitutes confidential and proprietary information of AtLink and AtLink’s licensors and contains trade secrets and intellectual property protected under United States copyright laws, international treaty provisions, and other laws. All right, title, and interest in and to the Licensed Software, including associated intellectual property rights, are and shall remain exclusively with AtLink and its licensors, and your right to use such Software conveys no right of ownership or title whatsoever to any Software or equipment provided. All such Software is provided “as-is” without warranty or support of any kind from any third party licensors of AtLink. You agree to comply with the terms and conditions of all end user software license agreements accompanying any software or plug-ins to such software distributed by AtLink in connection with the Service. You shall not translate, decompile, reverse engineer, distribute, remarket, sublicense, or otherwise transfer or dispose of the Licensed Software or any part thereof. You acknowledge that the Licensed Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States. You agree not to export or re-export the Licensed Software, directly or indirectly, to any countries that are subject to United States export restrictions. Your right to use the Licensed Software terminates upon termination of this Agreement.
4. Equipment Requirements
You may lease a router from AtLink or may purchase one that is compliant with AtLink’s wireless network from any third party retail store. AtLink reserves the right to provide Service only to users with AtLink-approved compliant routers. You agree to only connect AtLink-approved equipment to the AtLink network.
You will not remove any AtLink-owned equipment (the “Equipment”) from your premises or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected by the AtLink installer. AtLink may relocate the Equipment for you within the Premises at your request for an additional charge. If you relocate to a new premises address, this Agreement shall automatically terminate and you will be required to enter into a new Agreement and may be charged a new installation fee to initiate Service. You will not connect any equipment, other than equipment authorized by AtLink, to the router port. You understand that failure to comply with this restriction may cause damage to the AtLink network and subject you to liability for damages. You may not alter, modify, or tamper with the Equipment or the Service, or permit any other person to do the same.
5. Installation
You authorize AtLink personnel and/or its agents to enter your premises at mutually agreed upon times in order to install, maintain, inspect, and repair AtLink-owned Equipment on your premises. If you are not the owner of the premises upon which the Service is to be installed, you represent and warrant that you have obtained the consent of the owner of the premises for AtLink personnel and/or its agents to enter the premises for the purposes described above. You shall indemnify and hold AtLink harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.
AtLink will install AtLink-owned Equipment in a prompt and workmanlike manner using the necessary tools and materials. Some installations may require special devices such as installed metal poles to elevate or specially position antennas or other equipment to ensure optimum telecommunication signals with towers. AtLink shall have no responsibility for the maintenance of your internal wiring. If AtLink makes use of poles owned by the local telephone company and/or the electric company to connect your Service to the internet, the continued use of these poles is in no way warranted by AtLink. You agree that you will make no claim or take any action against AtLink or the utility if Service to be provided by AtLink hereunder is disrupted or discontinued due to unavailability of the poles.
You acknowledge and agree that installation of the Service (including the Licensed Software) may require AtLink personnel and/or its agents to open your computer. You further acknowledge and agree that installation and/or use of the Service (including the Licensed Software) may result in the modification of your computer’s systems files and that AtLink may periodically update the software in order to provide the Service. AtLink neither represents, warrants, nor covenants that such modifications will not disrupt the normal operations of, or the data stored on, your computer. AtLink shall have no liability whatsoever for any damage resulting from loss of data or the installation and/or use of the Licensed Software or file modifications. AtLink is not responsible for returning your computer to its original configuration prior to installation. AtLink or its agents will supply and install certain software and, if required, an extra data outlet, a router and an Ethernet card for a fee determined by AtLink. AtLink will also provide a “getting started guide” and online instructions on how to use the Service. AtLink shall use reasonable efforts to install the Service to full operational status, provided that your computer fulfills the minimum computer requirements set forth herein. You may transfer the Licensed Software to additional computers within the home, but service and support for these additional machines is limited and/or may incur an additional fee. Unless offered by AtLink as a service, you agree that AtLink has no responsibility to provide service and support for in-home networks. If you intend to transfer the software, you must give AtLink prior notice of such transfer.
6. Retrieval of AtLink-owned Equipment After Termination of Service
You agree to accommodate the scheduling of an appointment at your premises to allow AtLink personnel to retrieve AtLink-owned Equipment promptly after termination of Service, and to allow AtLink personnel access to your premises to remove AtLink-owned Equipment after termination of Service. AtLink personnel have AtLink identification you may request and examine. If you are not at home at the time of a service call, you may authorize any other adult resident (18 years or older) or guest at your residence to grant AtLink access to your premises. You also agree to that AtLink-owned equipment so retrieved shall be in good working order condition except for ordinary wear and tear resulting from proper use.
If you do not allow or accommodate the scheduling of an appointment at your premises for AtLink personnel to retrieve AtLink-owned Equipment, or if such Equipment is not present or in good working order ("Unreturned Equipment"), the damages AtLink will incur will be difficult to ascertain. Therefore, you agree to pay, and AtLink may charge your account a liquidated damages amount equal to the then current replacement cost of such equipment, such charge not to exceed $700.00. The terms of this paragraph shall survive the termination or expiration of this Agreement.
7. Internet Speeds and Signal Latency
Package speeds are measured to the edge of AtLink’s network. AtLink will use reasonable efforts in accordance with industry standards and practices to provide you the download and upload speeds, and shortest signal latency, applicable to your Service rate plan but AtLink does not guarantee such speeds and latency, and you hereby acknowledge, that such speeds or signal latency may not be achieved at all times. Internet connection speeds and signal latency are, by their nature, affected by many factors outside of the control of AtLink including customer’s location, websites accessed, Internet congestion, physical obstructions, customer’s personal equipment, and weather. Due to these conditions, package speeds are not guaranteed and are strictly considered “up to”, to wit, the maximum performance applicable to your rate plan.
8. Fees for Service Calls to Your Premises
AtLink reserves the right to impose a reasonable charge for service calls to your premises to repair, upgrade, or replace damaged or non-functioning AtLink-owned Equipment, or to repair, upgrade, replace, or configure your user-provided equipment in order to restore or improve Service at your premises. AtLink offers a service call coverage monthly fee to its customers whereby you may avoid one-time service call fees to restore or improve Service at your premises. In addition, if you miss a scheduled service call appointment you agree that AtLink may charge a $50.00 Reschedule fee.
9. Acceptable Use Policy
You agree to use the Services strictly in accordance with the Acceptable Use Policy which may be modified by AtLink from time to time, and which is incorporated herein by reference and made a part of this Agreement.
7. Posting to AtLink
You are solely responsible and liable for all material that you upload, post, email, transmit or otherwise make available via the Service, including, without limitation, material that you post to any AtLink website or the website of a AtLink affiliate, or any third party vendor’s service (e.g., newsgroups) that is used by AtLink. AtLink does not claim ownership of material you submit or make available for inclusion on the Service. However, with respect to material you submit or make available for inclusion on publicly accessible areas of the Service, you grant AtLink a world-wide, royalty free, and non-exclusive license(s) to use your material in connection with AtLink’s businesses including, but not limited to, the rights to copy, distribute, publicly perform, publicly display, transmit, publish your name in connection with the material, and to prepare derivative works. No compensation will be paid with respect to the use of your material.
8. Links to Third Party Websites
In your use of the Service and/or AtLink websites, you may encounter various types of links that enable you to visit websites operated or owned by third parties (“Third Party Site(s)”). These links are provided to you as a convenience and are not under the control or ownership of AtLink. The inclusion of any link to a Third Party Site is not (i) an endorsement by AtLink of the Third Party Site, (ii) an acknowledgement of any affiliation with its operators or owners, or (iii) a warranty of any type regarding any information or offer on the Third Party Site. Your use of any Third Party Site is governed by the various legal agreements and policies posted at that website.
9. Monitoring and Removal of Content
AtLink is under no obligation to monitor the Services. However, AtLink reserves the right at all times and without notice to remove, restrict access to, or make unavailable, any content on its servers that it considers, in its sole discretion, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, and to monitor, review, retain and/or disclose any content or other information in AtLink’s possession about or related to you, your use of the Services or otherwise as AtLink deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.
10. Privacy
You authorize AtLink to make inquiries and to receive information about your credit history from others and to utilize such information in its decision regarding its provision of the Service to you. You agree that AtLink may collect and disclose information concerning you and your use of the Service in the manner and for the purposes set forth herein and in AtLink’s Online Privacy Policy.
11. No Spam or Other Unsolicited Bulk Email
AtLink may immediately terminate any subscriber account that it determines, in its sole discretion, is transmitting or is otherwise connected with any “spam” or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated, you agree to pay AtLink liquidated damages of five dollars (U.S. $5.00) for each piece of “spam” or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay AtLink’s actual damages, to the extent such actual damages can be reasonably calculated. AtLink reserves the right to block, reject or remove what it considers in its sole discretion to be “spam” or other unsolicited bulk email from the Service and AtLink shall have no liability for blocking any email considered to be “spam.”
12. Termination and Surviving Obligations
In the event of termination by you, you must notify AtLink by electronic written submission by sending an email to billing@atlink.net. Include your account number and a current phone number in the correspondence. In the event of termination by AtLink, AtLink may notify you of such termination by electronic or other means. In those cases where you elect annual prepayment terms, you agree and understand that the calculation of any refund for unused Service will be based upon the normal rate for the Service and not upon the discounted annual prepayment rate.
You expressly agree that upon termination of this Agreement: (i) You will pay AtLink in full for your use of any Atlink-owned Equipment and the Service up to the later of the effective date of termination of this Agreement or the date on which any AtLink-owned Equipment has been retrieved from your premises by AtLink personnel. You agree to pay AtLink on a non-prorated basis until the end of your current billing cycle. The disconnect will be effective on the last day of your billing cycle; (ii) You will permit AtLink to access your premises at a reasonable time to remove any AtLink-owned Equipment and other material provided by AtLink; (iii) You will accommodate AtLink to permit the prompt retrieval from your premises of any AtLink-owned Equipment by AtLink personnel following any termination of Service; (iv) You will return or destroy all copies of any software provided to you pursuant to this Agreement; and, (v) AtLink is authorized to delete any files, programs, data and email messages associated with such account. The terms of this paragraph will survive the termination or expiration of this Agreement.
13. Disclaimer of Warranties, Remedies Against AtLink, and Limitation of Liability
You expressly agree that AtLink is not responsible or liable for any content, act, or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another’s rights including, without limitation, privacy and intellectual property rights, and you hereby release AtLink for any such claims based on the activities of third parties. THE SERVICE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER ATLINK, NOR ITS AFFILIATES OR ANY OF ITS SUPPLIERS OR LICENSORS, EMPLOYEES OR AGENTS WARRANT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL MALICIOUS AGENTS EVEN IF ANTI-VIRUS MECHANISMS ARE DEPLOYED. ATLINK DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. ATLINK AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES, ARISING DIRECTLY OR INDIRECTLY, FROM THE INSTALLATION OR USE OF, THE LICENSED SOFTWARE, THE SERVICE (INCLUDING E-MAIL), EQUIPMENT FURNISHED BY ATLINK, OR ATLINK’S PROVISION OF TECHNICAL SERVICE AND SUPPORT FOR THE SERVICE; EVEN IF SUCH DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF AN ATLINK INSTALLER, TECHNICIAN, OR CUSTOMER SERVICE REPRESENTATIVE, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR DAMAGES, REGARDLESS OF WHETHER OR NOT ATLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ATLINK’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OR DAMAGES RELATING TO THE USE OF THE SERVICE, OR IN ANY WAY ARISING OUT OF THE FORMATION, PERFORMANCE, OR TERMINATION/EXPIRATION OF THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE IMMEDIATELY PRECEEDING TWELVE MONTH PERIOD. YOU HEREBY RELEASE ATLINK FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. ATLINK IS ALSO NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT. Your sole and exclusive remedies under this Agreement are as expressly set forth herein. The terms of this paragraph shall survive the termination or expiration of this Agreement.
14. Indemnification
You agree to indemnify and hold AtLink, its parents, subsidiaries, members, affiliates, officers and employees, harmless from any claim, demand, or damage, including costs and reasonable attorneys’ fees, asserted by AtLink or any third party due to or arising out of your use of or conduct on the Service. AtLink will notify you within a reasonable period of time of any third party claim for which AtLink seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to AtLink’s interests, as reasonably determined by AtLink. The terms of this paragraph shall survive the termination or expiration of this Agreement.
15. Management of Network
AtLink reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including, without limitation, the following: rate limiting, rejection or removal of “spam” or otherwise unsolicited bulk email, anti-virus mechanisms, traffic prioritization, and protocol filtering. You expressly accept that such action on the part of AtLink may affect the performance of the Service. AtLink reserves the right to enforce limits on specific features of the Service including, without limitation, email storage (including deletion of dormant or unchecked email) and web hosting maximums. Visit Limitation of Services to learn the limits on specific features of the Service.
16. Damage to and Encumbrances on AtLink-owned Equipment, Computer, Software
All AtLink-owned Equipment will at all times remain the sole and exclusive property of AtLink. You may not sell, transfer, lease, encumber or assign all or part of such Equipment to any third party. You agree to pay the full retail cost for the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned AtLink-owned Equipment or part thereof, together with any costs incurred by AtLink in obtaining or attempting to obtain possession of any such Equipment, and hereby authorize AtLink to charge your Visa, Master Card, other credit card or other payment method authorized by you for such purpose, and for any outstanding charges for Service. The terms of this paragraph shall survive the termination or expiration of this Agreement.
17. Copyright and Trademark Notices
Materials available on AtLink websites are protected by copyright law. AtLink and other AtLink services referenced herein are either actual service marks or registered service marks of @Link Services, LLC. All other trademarks and service marks are the property of their respective owners.
18. Governing Law and Jurisdiction
This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Oklahoma, without regard to its conflict of laws provisions. All disputes arising out of or related to this Agreement and the Service must be brought in a federal or state court located in the state of Oklahoma. You consent to the personal jurisdiction of such courts located in the state of Oklahoma. You waive all rights to bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose. The terms of the paragraph shall survive the termination or expiration of this Agreement.
19. Miscellaneous
This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes and replaces any and all prior written or oral agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of its provisions shall remain in full force and effect. Nothing contained in this Agreement shall be construed to limit AtLink’s rights and remedies available at law or in equity. AtLink’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by you. This Agreement is freely assignable by AtLink to third parties.
20. How to Contact Us
For any questions regarding this Subscriber Agreement, billing or other, please contact AtLink at one of the following:
Billing Inquiries Email: billing@atlink.net
Customer Support Email: support@atlinkservices.com
Phone: 405-753-7151
U.S. Mail:
AtLink Services LLC
13431 Broadway Extension
Suite 150
Oklahoma City, OK 73114
21. How AtLink May Contact You
You hereby authorize AtLink to contact you for any matter related to the formation, performance, or termination/expiration of this Agreement via (i) US mails or private courier service; (ii) your email address provided to AtLink at the time of installation or as seasonably updated by you from time-to-time; (iii) your land line or mobile phone, including calling, voice message, or text message using the telephone number(s) provided to AtLink at the time or installation or as seasonably updated by you from time-to-time; or, (iv) face-to-face visits to your premises.
