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Atlantic Nexus Residential and Business DSL Service Agreement

PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE USING ANY SERVICES FROM ATLANTIC NEXUS

AGREEMENT
Thank you for choosing Atlantic Nexus to be your high speed link to the Internet.  Before you begin, please take some time to familiarize yourself with the following service Agreement.  This document includes the Agreement that covers your use of Atlantic Nexus DSL.  By creating an account with Atlantic Nexus and using the service or equipment, you agree to use the Service in compliance with the terms of this Agreement.

TERMINOLOGY

“Atlantic Nexus,” “we”, “our” and “us” refer to Atlantic Nexus, L.L.C., and any Atlantic Nexus affiliates authorized to provide you with Atlantic Nexus Services.  “Service” or “Services” means Atlantic Nexus DSL Residential or Business Internet Access.  “You/Your,” refers to you the customer, and any person or business using the Service or any part of the Service.

 

TERM

The initial term of this service agreement is six months from the date that the service is installed (Installation Date).  After the completion of the initial term, this Agreement is on a month-to-month basis.  All speed changes, whether upgrading or downgrading, reset the contract term for another 6 months from the date of the service change. Atlantic Nexus reserves the right to change the price of the Service at any time after the initial term upon 30 days notice.  Prices for other services offered by Atlantic Nexus may change at any time upon 30 days notice and will be posted on the Atlantic Nexus homepage.  Also, to obtain the current prices you may call 770-222-4455 or visit http://www.atlanticnexus.com/.
In the event that Atlantic Nexus lowers pricing, customers will pay the rate they received at sign-up until the expiration of their 6 month term.
Customers who sign up with special introductory lower rates will be under contract for 12 months and all other references to term will refer to a 12 month term.

 

SERVICE PROVIDED

The terms of the service include: DSL Internet access and related equipment for the Service, and all other Services connected with your DSL account as stated on our Residential or Business DSL web page.  You may be provided with a refurbished modem. 1 wall filter and 4 inline filters are included; additional may be billed at the current rate.  Installation charges may be waived during promotional periods.  Free installation, when offered is limited to one computer.   Networking is provided at an additional rate. The speed of the service may vary depending on your location, the service you selected, line quality, wiring, Internet traffic and other factors beyond the control of Atlantic Nexus.  Email, web space and other services included in this agreement are available after the Activation Date. 

ACCOUNT REQUIREMENTS
In order to receive Atlantic Nexus Service: You must be at least 18 years old; you must provide a valid credit card account; the service must be available at your physical location, and your telephone service must be active in order for the service to work. 

AUTHORIZATION TO ENTER PREMISES
You hereby authorize Atlantic Nexus' installation technician to enter your premises and carry out the installation of the Service and any related Services agreed to herein.  You affirm that you have the right to authorize entrance and that this authorization includes permission from all essential parties to allow access, attachment, and installation of all cabling, wiring and related equipment.


INSTALLATION
If you opt for professional installation of Residential or Business DSL service, Atlantic Nexus will provide the installation Service as well as the hardware and equipment used to provide the service.  All fees for installation and equipment charges are listed at http://www.atlanticnexus.com/.  If the Service is terminated by either party (Atlantic Nexus or You) before the Activation Date, you are obligated to return all hardware and equipment with all of its initial packaging to Atlantic Nexus.  If professional installation is scheduled by you with Atlantic Nexus, it is your responsibility to be available at the mutually agreed upon time to allow the Service technician to gain entrance to your residence or facility for installation access.  If for any reason, you cannot be present or have a duly authorized individual present, please contact Atlantic Nexus at 770-222-4455 at least 48 hours prior to scheduled installation.  Cancellation of installation appointment by you less than 48 hours prior to appointment may result in a $100 trip charge.   If a duly authorized individual is not present at time of scheduled installation, a missed appointment fee of $100 will be billed to you.  Service provided is only for the location specified on the contract.  If you move to a different location, Service will be subject to reevaluation prior to relocation.  If relocation occurs prior to one year anniversary of installation, cancellation fees and new activation fees may apply. 

ATLANTIC NEXUS WILL NOT GUARANTEE INSTALLMENT OF SERVICES BY YOU OR A THIRD PARTY CHOSEN BY YOU,  NOR THAT SUCH INSTALLATION WILL NOT CAUSE HARM TO YOUR COMPUTER HARDWARE OR PERIPHERALS, DATA FILES OR SOFTWARE.  FURTHERMORE, ATLANTIC NEXUS WILL ASSUME NO LIABILITY FOR DAMAGE, MALFUNCTION, USAGE, OR OPERATION OF THE SERVICES DUE TO YOUR OR A THIRD PARTY'S INSTALLATION. 

In providing service to you Atlantic Nexus will put forth its best effort.  It could take one to three months to ascertain if Atlantic Nexus can provide you with service. The high speed connection and DSL services provided to you are on an extremely elaborate framework and Service may not be available to everyone who requests it.  Atlantic Nexus has sole discretion in canceling the installation of your service.  If cancellation of installation occurs due to technical obstacles unforeseen by Atlantic Nexus, Atlantic Nexus will refund any applicable installation charges to your account.  If Atlantic Nexus has the intent of canceling your service you will be notified as soon as possible. 


FIXED LOCATION SERVICE
Atlantic Nexus DSL Service is a fixed-location service.  If you move your service to a different location, you may be charged an additional fee.  Before moving, you may contact our customer service to ensure a smooth transition to your new location.  Service may not be available in your new location however, and a fee may be charged if your initial term is unfulfilled.

LIMITATION OF LIABILITY
ATLANTIC NEXUS SHALL HAVE NO LIABILITY WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOSS OF INCOME, LOSS OF USE OF YOUR COMPUTER, LOSS OF SOFTWARE OR ANY BUSINESS PERFORMED THEREON, OR FOR ANY LOST DATA OR THE RECOVERY OF SUCH DATA, OR ANY LOSS OF PROFITS OR MONETARY LOSSES OF ANY KIND RESULTING FROM THE SERVICE, EQUIPMENT, OR ANY RELATED SERVICES, WHETHER OR NOT
CAUSED BY THE NEGLIGENCE OF ATLANTIC NEXUS OR ITS INSTALLATION TECHNICIAN.
 

USERNAME, PASSWORD AND SECURITY 
When registering with Atlantic Nexus you will need to provide a username and password.  You as the customer are completely responsible for use of the service.  You must always keep your password private so that no one other than you may access the Service through your account.  If you discover that your account is being accessed by an unauthorized party, please notify Atlantic Nexus immediately. 

Email accounts with Atlantic Nexus will become inactive if the account exceeds allotted storage capacity.  If your personal or business web space surpasses the amount of storage capacity allotted per your plan it may be suspended until additional Web space is purchased.  Any web site that exceeds the given amount of bandwidth will be billed for excess traffic.  You may find email, web space and bandwidth limitations posted throughout our Web site at http://www.atlanticnexus.com/, or you may call 770-222-4455 to verify limitations.  Atlantic Nexus reserves the right to change limits at any time upon 30 days prior notice.


PAYMENT
Atlantic Nexus reserves the right to change the price of Services or charges periodically.  Current pricing will be posted on the web site and you will be notified of price increases at least 30 days in advance by email. Current Service pricing can be attained by calling (770) 222-4455 or by visiting http://www.atlanticnexus.com/.  Atlantic Nexus will need accurate billing information including legal name, address, telephone number, and credit card/billing information.  If your contact or billing information change,  please contact us immediately.  Any charge to your account is considered conclusive unless contended in writing within thirty (30) days of the following billing date.  There will be no adjustments in charges that have exceeded more than thirty (30) days.  Charges to your account will be billed to your credit card or debit card, as applicable, each month for the Services provided to you.  Atlantic Nexus will not be held accountable for charges or expenses (i.e., overdrawn accounts, exceeded credit card limits, etc.) resulting from charges invoiced by Atlantic Nexus.  Under this Agreement you must consistently keep valid and up-to-date credit card billing information with Atlantic Nexus.

Late payment fees: may be charged to your account if payments arrive after the due date listed on your invoice.  If your account is over thirty (30) days delinquent, Atlantic Nexus reserves the right to suspend or cancel your account.  Charges will continue to accrue until your account is canceled.  If your Service is disconnected, a disconnect fee will be charged and a reconnection fee may be charged to reconnect your service.   

Collection Fees: If your account becomes two months delinquent, it will be turned over to collections. An automatic 30% will be added to your account to cover the cost associated with collecting on your account.

CANCELLATION OF SERVICE

If for any reason you wish to cancel your Service, you may forward a written request which includes your name, address, account number and phone number to Atlantic Nexus Business DSL Customer Service at fax (770) 977-2993.  There is a required 30 day notice for service cancellation.  The cancellation of your service will become effective at the end of the billing period 30 days after we receive the notification of your cancellation.  Once your service is canceled all files stored on Atlantic Nexus Servers will be deleted.

Change of Service Speed: Since speed changes must be configured on both our equipment and the phone company's equipment, all downgrades or upgrades during the initial 6 month term require a contract renewal of 6 months. Speed downgrades are subject to a $100 downgrade fee and upgrades are $20 during the first 6 months. After the initial term, one downgrade or upgrade is free of charge per each additional 6 month term. The contract term will automatically renew for an additional 6 month term beginning with the date of last speed change.

Termination Fees and Credits:  If Services are cancelled prior to end of initial term or subsequent service change term renewal, an early termination fee of $150 will be charged to your account or credit card on file.  Any payment for service still owed will also be deducted at this time.

We are delivering Atlantic Nexus DSL service over an existing BellSouth line. By checking below, you are indicating acknowledgement of this and your understanding this line must stay active with BellSouth directly. Any event that moves this line from direct control of BellSouth may interrupt your DSL service from Atlantic Nexus and reconnect fees will apply. Disconnection due to changing phone line carriers is not the responsibility of Atlantic Nexus and does not change the terms and conditions of service. Disconnecting your Bell South line either voluntarily or due to delinquency constitutes cancellation of Atlantic Nexus DSL Service. In the event of early termination of service from Atlantic Nexus a one-time cancellation fee of $150.00 will be charged to your credit card. By checking below, you authorize Atlantic Nexus to charge the monthly service fee to your credit card and the cancellation fee if the service is not kept for 6 or 12 months, depending on the service term your account falls under. If your account is invoiced, you also authorize Atlantic Nexus to charge the credit card on file if at any time during your service your account becomes delinquent.

Breach of Terms / Failure to Pay:  If Atlantic Nexus believes that you have violated the terms of this Agreement or have failed to pay any charges when due, your account may be suspended, restricted, or canceled.  Cancellation notices will be sent either by email or U.S. Mail to the address given us for the service.

DISPUTE RESOLUTION - ARBITRATION
Any dispute or claims arising out of or relating to this Agreement are subject to binding arbitration pursuant to the rules of the American Arbitration Association.  Discovery shall be allowed and shall be subject to the Georgia Rules of Civil Procedure governing the same.  In the event of any disputes of any character, those rules shall apply.  Any arbitration proceedings shall be held in Powder Springs, Georgia.  The costs of arbitration, including any administrator fees and arbitrator fees, and costs of use of facilities during the hearings, shall be shared equally by the parties.  Each party shall pay its own attorneys’ fees.  The arbitrator shall be bound by and strictly enforce the terms of this Agreement.  The Arbitrator may not limit, expand, or otherwise modify the terms of this Agreement in conducting the arbitration and making any award.  The decision of the arbitrator(s) shall be in writing and based on the terms of this Agreement and applicable law.  (Said decision shall be final and binding and may be enforced by any state court.)  Punitive or exemplary damages, if any, shall be limited to twice the total compensatory damages. 

Any claim or dispute related to this Agreement must be brought within two years after the date the basis for the dispute or claim first arises.  Before Atlantic Nexus takes a dispute to arbitration, we will first attempt to resolve the dispute by contacting you.  Before you take a dispute to arbitration, you must first give Atlantic Nexus an opportunity to resolve the dispute by contacting us at our customer service number, 770-222-4455, or by writing to us at 5480 Holloman Rd. Powder Springs, GA 30127.  If we are not able to resolve the dispute within sixty (60) calendar days from the date of initial notification of the dispute, either party may contact the AAA in writing at AAA Service Center, 2200 Century Parkway, Suite 300, Atlanta, GA 30345-3203, and request arbitration of the dispute.

FORCE MAJEURE
Atlantic Nexus shall not have any obligation to perform hereunder if failure to do so is caused by an act of God, governmental action, natural disaster, strikes, failure of essential equipment or any other case of circumstances beyond the control of Atlantic Nexus.


ENTIRE AGREEMENT, AMENDMENTS AND WAIVERS
This Agreement, the Privacy Policy, the Anti-Spam & Anti-Abuse Policy, and any modifications published by Atlantic Nexus constitute the entire agreement between you and Atlantic Nexus in regards to your use of the Service.  Atlantic Nexus reserves the right to modify this Agreement from time to time.  All modifications to this Agreement will be posted on Atlantic Nexus’ website at http://www.atlanticnexus.com/ and will supercede previous contracts whether written or electronically stored.

SEVERABILITY
The terms, provisions, covenants, and remedies contained in this Agreement shall be enforceable to the fullest extent permitted by law.  If any such term, provision, covenant, or remedy of this Agreement or the application thereof to any person or circumstances shall, to any extent, be construed as invalid or unenforceable in whole or in part, then such term, provision, covenant, or remedy shall be construed in a manner so as to permit its enforceability under the applicable law to the fullest extent permitted by law.  In any case, the remaining provisions of this Agreement and the application thereof to any person or circumstances, other than those which have been held invalid or unenforceable, shall remain valid and in full force and effect. 

Ver. 10/14/06