Terms of Service : Broadband Customers
As consideration for the Internet service which crescomm.net (hereinafter “the ISP” or crescomm.net) provides to you “the subscriber” you agree to the terms and conditions set forth below. crescomm.net has the right to refuse service to anyone, for any reason or no reason. Executing this agreement or becoming a user of crescomm.net constitutes an agreement to abide by this service agreement and the acceptable use policies set forth below.
PAYMENT FOR SERVICE:
You shall pay any activation or setup charges and one-time fees, as specified below, and the first month of service concurrent with execution of this agreement and prior to installation of service. Payment shall be made in advance for each month of use pursuant to the payment method set forth below. In addition, you shall pay when invoiced any costs or fees billed to you by the ISP for additional services or merchandise which the ISP provides to you pursuant to this agreement and/or at your request. Payments to the ISP are nonrefundable. No refunds shall be given for canceled accounts, returned merchandise or installation fees unless the account, merchandise or installation was clearly defective and nonworking. Payment is expected on or by the due date. Invoices are sent on the 5th and due the 23rd. Billing Cycle: 23rd to 22nd. If you are unable make a payment by the due date you should call to make arrangements. We will restrict service if payment is not received within 7 calendar days of due date. We reserve the right to refer subscriber account to collection if account becomes past due and satisfactory arrangements haven’t been made. A Security Deposit will be required if account is more than 30 days Past Due. Cancellations of accounts must be made by e-mail, US mail, or fax and shall terminate at the end of the account period or service agreement whichever is longer.
SUBSCRIBER PROVIDES OWN EQUIPMENT:
The subscriber is responsible for providing any and all equipment (Use of Subscriber Radio and WiFi Router Included in MRC) and services needed to access the ISP’s system.
All crescomm.net Internet services include at least one e-mail account. You are required to routinely check this e-mail account, or in the event that you have another e-mail account, which you prefer to use, you must make arrangements to forward your crescomm.net e-mail to your preferred account.
COMMUNICATIONS FROM crescomm.net:
The ISP primarily communicates with you via e-mail. You agree that sending a message to your contact e-mail address is an acceptable means of providing notification to you.
crescomm.net provides a high-speed Internet connection, but we do not allow completely unlimited consumption of bandwidth. For Unlimited Plans see: Fair Use Policy.
If you use your Internet service in a manner that consumes excessive bandwidth, that degrades performance for other users (as determined by crescomm.net) or affects crescomm.net’s core equipment or overall network performance, then crescomm.net may immediately terminate your service. crescomm.net reserves the right to determine what constitutes excessive usage. Downloads are at burst rate for first 100-300 seconds depending on plan. (Burst is dependent upon network conditions and other factors and is NOT guaranteed.) Residential subscribers may not run any type of server, including, but not limited to, DNS servers, mail servers, ftp servers, game servers or P2P servers. Business subscribers may run servers based on the pricing plan they have selected and the number of IP addresses they are paying for. We do not support reseller accounts.
FAIR USE POLICY:
To maintain the superior quality and performance of crescomm.net networks and ensure the highest level of service performance for all users – which could be disrupted by the usage patterns of a small number of customers – crescomm.net has established data usage thresholds under the Fair Use Policy for all “unlimited download” Internet service plans. All “Value” plans have a soft data cap of 150 Gigs Data Usage and speeds are reduced when that limit is reached. When overall Data Usage exceeds 300 Gigs/month in two continuous billing cycles this will be considered a violation of this Fair Use Policy.
WIRELESS DOWNLOAD SPEEDS:
See: www.crescommwifi.com/broadband.htm Some restrictions apply). 5 GHz LOS speeds vary within 70% of published speed. 900 MHz NLOS service speeds usually within 50% of 5 GHz LOS service.
The residential wireless broadband subscriber shall pay a $2.96 regulatory compliance recovery charge ($6.96 Commercial) and a $2.00 MTX/fuel surcharge (variable). Off road, lake and island locations higher. These fees are monthly in addition to service.
We will make every effort to give 30 days’ notice for fee or rate increases.
You may remain on a grandfathered plan as long as it is available. If you upgrade to a published plan you may not go back to a grandfathered plan.
MINIMUM RATE: Effective 09/05/2020 the minimum published price plan we offer is $69.99 per month.
NEIGHBORHOOD HOTSPOTS :
$99.99 (Minimum Monthly service plan)
Regulatory compliance recovery/local surcharges extra.
RESELLING AND SHARING:
You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without crescomm.net’s prior written consent. Resale or sharing of the IP transit services to members outside the residence being served or beyond employees of the business being served is strictly prohibited. Individuals or Businesses sharing or reselling IP transit services from crescomm.net, without the express written consent, shall be billed at a rate three (3) times their normal rate for the time period where services were shared or resold. Resale or sharing shall also, at the sole discretion of crescomm.net, constitute an immediate cancellation of services with the remainder of the terms commitment being due in full and a prompt return of the subscriber equipment.
Transmission of unsolicited e-mail from anywhere within the ISP network, distribution of unsolicited, commercial e-mail which advertises any portion of the ISP’s network, IP or domain space, hosting content for the purpose of spamming (such as bulk e-mail distributions lists) or providing support services such as DNS for anyone intending to conduct such activities is strictly prohibited. Such transmissions and the fallout from such transmissions cause significant damage to the ISP in terms of resources and staff time, as well as reputation damage. Such damages are difficult to calculate in a precise amount. Should subscriber distribute such e-mail or engage in such activities, subscriber agrees that in addition to any remedies provided at law or under this agreement, that subscriber shall be liable to crescomm.net for $1,000,000.00 as liquidated damages. Should actual damages be ascertainable in excess of said amount, subscriber shall be liable for the actual damages, together with costs and attorney’s fees incurred in collecting such damages from subscriber.
MODIFICATION OR TERMINATION:
crescomm.net reserves the right to modify or terminate services at any time for any reason or no reason at its sole discretion by publishing notice thereof over the service, sending notices to each subscriber, or posting the changes on its web site.
APPROPRIATE USE POLICY:
You may not use the ISP system and services in any way that violates federal, state, local, or international law or the rights of others, including, but not limited to any actions which are threatening, obscene or defamatory, violate trade secrets, copyrights, trademarks, patent rights, rights of privacy or publicity, result in the spread of computer viruses or other damaging programs or data files, or which violate any export restrictions. The ISP will cooperate fully with law enforcement agencies if criminal activity is suspected.
You shall not probe, monitor, breach the security of, or otherwise interfere with any host, network, or system without the explicit authorization of the administrator(s) of the host, network, or system.
You shall not forge, conceal, disguise, or otherwise attempt to alter the identifying characteristics of electronic transmissions originating from your account.
If the ISP finds or suspects, in its sole discretion, that subscriber is in violation of any terms or provisions of this agreement, subscriber’s account may be immediately restricted, suspended or permanently canceled without reimbursement.
DISCLAIMER OF WARRANTIES:
crescomm.net MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED BY THE ISP UNDER THIS AGREEMENT.
crescomm.net is committed to respecting your privacy. Once you choose to provide personally identifiable information, it will only be used in the context of your customer relationship with crescomm.net. On various crescomm.net. web pages you can order services, make requests, and register to receive materials or support. The types of personal information collected at these pages are name, username, contact and billing information, transaction, and credit card information. Data collected online may also be combined with information provided during ownership registration of crescomm.net. products and services. In order to tailor subsequent communications and continuously improve products and services, crescomm.net. may ask you to voluntarily provide information regarding your personal or professional interests, demographics, product experience, and contact information.
DISCLAIMER OF LIABILITY:
Under no circumstances shall crescomm.net or anyone else involved in administering, distributing or providing crescomm.net services, be liable for any indirect, incidental, special or consequential damages, including, without limitation, loss of revenues or lost profits, or damages that result from the use of or inability to use crescomm.net services, mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, failure of performance, theft, destruction or unauthorized access to crescomm.net records, programs or services, even if crescomm.net. has been advised of the possibility of such losses. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, crescomm.net’s liability is limited to the greatest extent permitted by law. In no event shall crescomm.net’s liability to subscriber exceed the aggregate amounts paid by subscriber to crescomm.net for crescomm.net services during the previous six months.
enforcement Subscriber agrees that subscriber shall indemnify, defend and hold crescomm.net and its officers, directors, employees, agents, members and shareholders harmless from and against any costs, expenses, losses, damages, suits, claims, or liabilities incurred and arising from or relating to subscriber’s use of crescomm.net services.
TERMINATION OF SERVICE:
Subscriber will provide 30 days written notice to cancel service. Subscribers wishing to cancel their service must send or fax a signed written notice stating they wish to cancel their service. Send notice to: CresComm WiFi, LLC., PO Box 968, Port Angeles, WA 98362-0167. Fax: 360-928-1044. Time & Materials charges apply for equipment removal. There is an admin (plus network fee for commercial accounts) fee equal to a month’s service (covers final billing and any reprogramming of equipment necessary) when closing an account. Refunds¹ are mailed within 30 business days from end of service period. Crescomm.net has the right to instantly cancel with or without warning all unpaid or not fully paid subscriptions. Any remaining unpaid subscription* will be billed to the subscriber, including a minimum $60.00 fee for NSF or Stop-pay checks. (*) If Subscriber signed a term agreement which has not yet been fulfilled, Residential Subscriber will be charged a $180.00 Per Year ($15.00 Per Month) Early Termination Fee based on Agreement Term. Commercial Account’s will be charged a $240.00 Per Year ($20.00 Per Month) Early Termination Fee. The fee will be prorated based on months remaining in term. Bills unpaid more than 30 days may be sent to a third party for collection and will be subject to an additional charge as a collection fee.
Subscriber shall not sell, transfer or assign this agreement without the prior written consent of crescomm.net. Any unauthorized transfer or assignment shall be null and void; provided, however, that any such assignment shall not relieve subscriber of subscriber’s obligations under this agreement.
Interpretation and enforcement of this agreement shall be governed by the laws of the State of Washington. Subscriber consents to jurisdiction in the state District or Superior Court within Clallam County, Washington for any action arising out of or relating to subscriber’s use of crescomm.net services or enforcement of any terms and provisions of this agreement. The state courts in and for the County of Clallam shall have exclusive jurisdiction over all such actions. If any provision of this agreement shall be held invalid or unenforceable in whole or in part for any reason, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of any of the remaining provisions of this agreement.
ATTORNEY FEES AND COSTS:
In any action brought under this agreement, the prevailing party shall be entitled to recover its actual costs, including expert witness fees, and reasonable attorney’s fees incurred in connection with such action or proceeding.
These terms and conditions are in addition to CresComm WiFi, L.L.C’.s Terms of Service (TOS).
Clallam Broadband Acquisition 10/31/2008
Open Internet Principles of CresComm – 11/20/2011
SBB Acquisition 4/1/2013
CresComm WiFi, LLC is a Registered Competitive Telecommunications Company in WA.
CresComm Broadband and CresComm Fiber are registered Trade Names of CresComm WiFi, LLC
(¹) At sole discretion of crescomm.net via PayPal.
Fixed Wireless service discontinued in Naselle, WA and Ilwaco, WA.
CresComm Fiber is available in Clallam and Pacific Counties
Revision 5: 05SEP2020