All Silo Communications subscribers and all others who use the service (the “user”, “users”, “customer”, “customers”, "subscriber", “you” or “your”) must comply with this Agreement. Failure to comply with the terms and conditions outlined in this agreement will result in the suspension or cancellation of the Service being provided. If you do not agree with these terms and conditions, immediately stop the use of any and all Silo Communications services and notify Silo Communications so that we can close your account. Use of any Silo Communications services constitutes an agreement to abide by the Terms and Conditions set forth below.
SERVICE TO BE PROVIDED. Provider, under the terms of this agreement, will furnish to Subscriber the selected package of Wireless Internet Access Service agreed upon at time of installation.
TERM OF THE AGREEMENT. This Agreement shall be in effect for an initial term commencing with service inception and continuing for as long as service is being provided. Customer has the right to cancel subscription to service(s) at any time. Silo Communications owns all equipment, antennas, cables, and select software and upon any termination all equipment must be returned to Silo Communications. Any unreturned equipment will be billed to the Subscriber in the amount of $100.00 for equipment fees.
CHANGES TO SERVICE. Subscriber may choose to change their Wireless Internet Access package/speed without violating the terms of this agreement.
PAYMENT SCHEDULE. Subscriber will be billed installation charges, as well as the appropriate rates for the Wireless Internet Access Service speed selected at the time of the first bill. Provider reserves the right to request payment for any and all equipment associated with the initial installation for wireless Internet access in advance. Wireless Internet Access Service charges are due and payable monthly in advance. Failure to pay monthly service charges by the 15th day of the month, shall give Provider the right, without liability, to temporarily disconnect Wireless Internet Access Service. The Provider is not liable for any loss of business, loss of phone service, or any style of Internet services from a deactivated Internet account. A returned check will be considered non-payment of the account. Restoration of service will require payment of any unpaid balance and a reconnect charge of $20 may be applied. If service is not reconnected within seven (7) calendar days, the Wireless Internet Access Service will be permanently disconnected. To restore service after a permanent disconnect, payment of the full unpaid balance and prepayment of new installation charges may apply.
Late Payment Fees – A late payment fee of $10.00 per month may be added on accounts not paid within fifteen (15) days of billing.
CUSTOMER PROVIDED EQUIPMENT. Any equipment not purchased from Provider is customer provided equipment. Provider is not responsible for support of customer provided equipment and Subscriber will be liable for the expense of a service call if such equipment adversely affects Wireless Internet Access Service.
CUSTOMER INSTALLATION. The installation date and time will be determined by Provider and communicated to Subscriber as early as possible. Prior to or during installation, Subscriber and Provider will determine if Subscriber’s computer(s) are configured appropriately for the Wireless Internet Access Service connection. If not, Subscriber will be required to purchase or provide the appropriate hardware for the service to work. Installation of said equipment can be installed by Provider for a fee. In the event a Subscriber installs a network utilizing the provided Wireless Internet Access Service modem, it is with the clear understanding that Provider is not responsible for any problems that may occur.
SERVICE CALLS. If Provider is called to Subscriber’s site and it is determined that the problem is other than the Wireless Internet Access Service and/or the Wireless Internet Access interface, a service fee of $60.00 may be charged for the first hour and in half hour increments thereafter. The stated rates apply during regular business hours. Overtime, weekend, and holiday rates will be higher. Travel and related charges may also apply.
NETWORK UPGRADES. The Provider will be allowed to upgrade or replace equipment crucial to the Subscriber's Internet access. If this becomes necessary, the Provider will notify the Subscriber digitally and/or physically via in-person contact and/or the Federal Postal Service (USPS). The Subscriber will be notified at least twenty-four (24) hours prior to the work being accomplished. Due to technical difficulties, the work may require a greater time-frame than what has been stated to the Subscriber.
SERVICE DELIVERY. Wireless Internet Access connection speed is measured between Subscriber’s location and the Provider access point. Connection speeds may be lower under conditions of high Internet usage. Actual data transmission or throughput may be lower than the connection speed due to Internet congestion, server or router speeds, protocol overheads, and other factors which cannot be controlled by Provider.
DELAY. Provider will not be liable for any delay in the delivery or installation of Wireless Internet Access Service or for any damages suffered by Subscriber by reason of such delay regardless of whether such delay is directly or indirectly caused by Provider.
CONSEQUENTIAL DAMAGES. Provider is not responsible for any incidental or consequential damages resulting from failure of, or suspension of, Wireless Internet Access services.
INTERRUPTIONS TO SERVICE. Due to inclement weather, the Subscriber may experience slow or on Internet access. The circumstances that causes these interruptions are very rare (less than 1%). The Provider is not responsible for these interruptions, but will make best effort to restore a lost connection due to said conditions.
VOICE OVER IP (VOIP). Provider does support, but does not guarantee Voice Over IP Protocol. Any number of factors can take down a Voice Over IP telephone line. We suggest either a backup land-line or a cellular phone if you use the Voice Over IP services.
TV OVER IP (IPTV). Provider does support, but does not guarantee TV Over IP Protocol. Any number of factors can take down a TV Over IP television line.
ADDITIONAL TERMS. This contract supersedes any previous agreements, verbal or written. In the event of legal action arising out of or related to this Agreement, including claims for non-payment of amounts owed here-under, Winnebago County, Illinois shall be the exclusive jurisdiction and legal venue for said action and this Agreement shall be construed according to the laws for the State of Illinois.
EXCESSIVE USE POLICY. As with all internet service providers, Silo Communications does have an Excessive Use Policy. The vast majority of Silo Communications customers use their connection in a manner that does not infringe on other Silo Communications customers. An extremely small percentage of customers use their Silo Communications connection excessively, or at such extreme high volumes, that they use more than their share of the overall Silo Communications connection. While this high volume use among our customers is very rare (less than 1%), Silo Communications reserves the right to throttle the network speed of any offending customer down to a lower sustained rate. Silo Communications would like to stress that this is an extremely rare occurrence and that it only affects those customers who constantly abuse their connection by maintaining extremely long periods of sustained upstream and downstream traffic that maxes out their connection. Silo Communications expects that almost all its customers will remain unaffected by this as they maintain their normal Internet usage. For those who may need a sustained 24/7 connection, Silo Communications will work out an agreement for said special services.
COMMITMENT OF SERVICE. Silo Communications continually strives to be the premier Wireless Internet Access Service Provider of Harrison and Burritt townships. As part of this commitment Silo Communications will proactively monitor performance on our network backbone to ensure our network has adequate backbone bandwidth to accommodate high-speed service for our entire customer base. Silo Communications offers products specifically designed for business, if you or your business need special services, you should work with your Silo Communications sales representative to determine which product offering best fits the needs of your business.
It is important to Silo Communications that our customers clearly understand the difference between purchased bandwidth and throughput. First, some background about the Internet. The Internet is a mesh network comprised of multiple independent Internet Service Providers, Enterprise Level Customers and Residential Customers located throughout the world. As such, there are various WAN routing protocols that make up the Internet including, but not limited to, Frame Relay, ATM, IP over Ethernet and IP over SONET. With these WAN routing protocols come various overhead requirements that reduce the amount of throughput possible for all Internet customers. In addition, TCP is the primary transport layer protocol utilized throughout the Internet. HTTP (www sites), HTTPS, FTP, TELNET and many other applications utilize the TCP protocol suite as their transport layer protocol. TCP is a connection-oriented protocol thus also has overhead requirements. Most in-depth testing and research shows that the average customer will get optimal throughput of 90% to 99% of their purchased bandwidth. This (90% to 99%) is considered the best possible throughput results and can degrade beyond that should there be congestion on the Internet (whether the congestion be with the source ISP, destination ISP or Internet backbone, including access points or peering points).. Remember that other congestion factors could come into play that reduce this speed but this would be your optimal (best possible) throughput speed.
Finally, Silo Communications takes great pride in our high-speed network. We also recognize that unexpected traffic on our network and/or the Internet can at times impact our customers reducing their throughput speeds. Many factors are involved in this potential problem and our commitment is that Silo Communications will do everything possible to proactively monitor, evaluate and control the factors within our direct control. In addition, we continually evaluate new technologies to ensure we evolve our network as technologies change thus allowing us to deliver state-of-the-art products to our customers.
By signing this agreement, the Subscriber agrees to the terms as described by the above Wireless Internet Access Agreement. Alterations to this agreement can only be made by notifying the Subscriber digitally and/or physically via the federal postal service (USPS) and must be placed in writing. The Subscriber will receive a printed copy and/or digital copy of this agreement and will be responsible for upholding its terms.