GAW High-Speed Internet, Inc.
Service Agreement & Acceptable Use Policy
The following general terms and conditions govern all service agreements between GAW High-Speed Internet, Inc. (hereafter referred to as "GAW") and its customers.
Please visit GAW's terms of service page at www.gaw.com/tos_light for any future changes to these terms and conditions.
Acceptable Use Policy:
We respect our customers' privacy at GAW. We exercise no control over the content of the information passing through GAW. As a subscriber, customer is fully responsible for the privacy of, content of and liability for customer's own communications. The persons and organizations, including GAW customers, who publish materials and information which are accessible through GAW, are solely responsible for the content of such materials and information, and are solely responsible for knowing and complying with all laws applicable to the publication of such materials and information. GAW does not accept responsibility for the content of the materials and information published by others that are accessible through GAW's network, and does not accept responsibility for the violation of any laws resulting from such publication. With the exception of information specifically authored by or on behalf of GAW, GAW does not develop or publish, nor does GAW review, censor or edit the materials and information which are accessible through GAW, or the materials and information which are accessible through the other networks which may be connected to GAW. GAW does not censor, limit or control the information that comes in and out of its system, except in accordance with the provisions of this agreement and applicable law. GAW will rely on complaints from any of the following:
Other Users on GAW's system
Users on other hosts or providers on the Internet
Any other information GAW may receive
We will take immediate action against any GAW customer who abuses any of GAW's facilities, services or resources. GAW will review all complaints or instances of inappropriate utilization of facilities, services or resources. GAW will decide, at its sole discretion, what action is to be taken, including the suspension or termination of user account services. If you have any complaints about another customer's utilization of GAW's services or facilities, please contact the GAW Customer Care Department at once by calling 1-855-GAW-SPEED (855-429-7733).
By using GAW's facilities, services or resources, customer is indicating acceptance of the terms and conditions set forth in this document. All customers must be at least 18 years old to obtain an account with GAW, and may be required to provide proof of age. Customers may not resell GAW's services or access to GAW's services in any way, unless prior arrangement has been made with GAW.
Customer's account may be used by customer, members of customer's immediate family or an authorized representative of customer's company, and only for lawful purposes. Use of customer's account by someone other than customer, immediate family members or an authorized representative of customer's company may cause customer's service to be terminated. Use of customer's account for an unlawful purpose will result in immediate termination of customer's service. Processes run by customer's account must be run interactively. Unattended processes will be terminated. Spamming is not allowed, and will result in immediate termination of customer's service. In the event of any such termination, customer will be responsible for the immediate payment of all charges for the current term, including unbilled charges and any applicable penalty fees (e.g., early termination fee).
System and Network Use Policies:
It is the responsibility of all GAW customers and their constituents who have access to GAW and to the networks of other providers through GAW's services, to comply with GAW's Service Agreement & Acceptable Use Policy, and the acceptable use policies governing those networks of other providers, whether GAW provides the connection to those networks or not. Without limiting the foregoing, it is the responsibility of all customers and others who have access to GAW's services to:
- Use GAW's facilities, services or resources in a manner that does not violate any applicable laws or regulations.
- Respect the privacy of other users, and to not intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission.
- Respect the legal protection provided by copyright, trademark, licenses and other laws to programs, data and documents. In other words, customer may not upload to GAW any data or software that is subject to distribution or copyright limits. Customer has the sole liability for any data or software uploaded to GAW via customer's account.
- Minimize use of un-authenticated or anonymous access accounts and the transmission or distribution of messages or articles from those accounts.
It is also the responsibility of all customers and others who have access to GAW's services, to use GAW's facilities, services or resources in a manner that does not interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to:
- Wide-scale distribution of messages to inappropriate forums or mailing lists;
- Sending unsolicited bulk email (SPAM);
- Propagation of computer worms or viruses; or
- Use of the network to make unauthorized entry to other computational, information or communications devices or resources.
The foregoing includes, without limitation, unauthorized security probing activities or other attempts to evaluate the security and integrity of a network or host system without permission.
All customers and others who have access to GAW's services are expected to use good judgment. A flexible, friendly atmosphere can be maintained if every customer uses the service with care. As the customer, you are responsible for all actions taken on your account, and are required to follow all applicable laws, statutes and government regulations.
Payment of GAW Services and Fees:
By entering into any GAW service agreement, customer accepts any charges that are charged to customer's account.
Customer is responsible for all charges that are made to customer's account, whether by customer or anyone else that may have access to customer's account information. As the account holder, customer is responsible for monitoring any minors that customer allows to use customer's account, and any related services they may access.
GAW reserves the right to charge customer's credit card or customer provided bank account on a recurring basis for any of the services that are being used or requested by customer, as allowed by the individual customer's service agreement terms. The billing cycle is approximately 30 days. All accounts will be billed monthly for services, in advance. All invoices are due and payable upon receipt, unless prior payment arrangements otherwise have been made (such as credit card billing or automated clearing house (ACH) using the customer provided bank account, or other method). GAW may discontinue customer's services if payment is not received within 15 days of the due date. Late payments may result in assessment of a late fee or an increase in the following month's bill.
If for any reason a customer's service is disconnected and the customer would like to reactivate customer's account, there will be a reconnection fee assessed. Late payment and reconnection fees may vary by service agreement and service region. GAW reserves the right to bill customer's credit card or customer provided bank account for any late fees. GAW will not charge customer's credit card or provided bank account for reconnection to service without confirmation by customer.
All returned checks will be subject to a $35.00 fee each time they are rejected by customer's bank. Customer's service may be interrupted if a dishonored check is not paid in full, along with all applicable fees, at GAW's offices within five (5) business days of receipt notice of rejection from customer's bank.
Customer agrees to make payment in full to GAW for all amounts due according to GAW's invoice(s). Customer also agrees to pay GAW, as interest, an amount equal to 1.5% per month or the maximum provided by law (whichever is less), for invoice amounts that are greater than 60 days past due. Should customer default on any such payment, GAW shall have the right, without notice to customer, to declare all invoice amounts immediately due and payable. Customer agrees that any change in liability for any debts incurred to GAW due to a change in customer's form of business, shall not be effective as to GAW unless and until GAW receives actual written notice of the change by certified mail.
In the event GAW should commence any legal action or actions, or otherwise seek to enforce a service agreement against a customer, customer shall pay reasonable attorney(s) fees, court costs and other expenses incurred by GAW, whether or not suit is filed. GAW reserves the right to assess legal fees, including attorney and court fees, upon any customer who, by customer's action or inaction, directly or indirectly causes GAW to be a defendant, co-defendant or have to testify in any civil or criminal legal action or arbitration.
Early Termination Fee; Equipment Fee; Transfer Fee:
Early termination fees will be assessed against any customer whose GAW service agreement is prematurely terminated for any reason. Early termination will result in a charge of $200.00 for residential service, and a charge of 50 percent of the remaining contracted monthly recurring charge for commercial service, as detailed in the respective commercial agreement. If customer equipment is not returned to GAW upon termination of a service agreement, a $299.95 equipment fee will be assessed against customer. Once GAW equipment has been installed and a customer wishes to move or transfer the equipment to another location within the GAW service area, a $100.00 transfer fee will be assessed against customer.
Use of Subscriber Information:
GAW has the right to compile and store as much information about customer and customer's computer and related equipment as necessary to provide service. Customer may designate an Authorized Representative who is vested with the same authority as customer respecting customer's service account. In the event customer so appoints an Authorized Representative, GAW has the right to compile and store as much information about customer's Authorized Representative as GAW deems necessary to service customer's account. For customer's protection, GAW will never release information about customer, customer's Authorized Representative or customer's account to any third parties without the prior written consent of customer or customer's Authorized Representative, except to the extent necessary to comply with applicable law, the valid order of a court of competent jurisdiction, or the valid order of a governmental agency. Customer information may be released to the GAW marketing department and any other subsidiary of GAW, as permitted by and in accordance with the provisions of all applicable laws and government regulations. Prior to such disclosure, GAW will make a reasonable effort to notify customer or customer's Authorized Representative of same.
Reselling and Transferability of GAW Services:
Customer's service agreement with GAW is strictly confidential and is not transferable or assignable by customer without the prior written consent of GAW. Customer's account is non-transferable and non-assignable by customer, and is strictly for use by customer.
Customer's account and services may not be copied, resold, leased, assigned or exchanged in any way. Reselling of GAW services, equipment, expertise or information of any kind is strictly prohibited.
Restrictions on Use of Service:
By becoming a registered user of GAW services, customer takes full responsibility for any wrongdoings that customer or a third party may commit while using customer's subscribed GAW services or through the use of customer's GAW equipment. The maintenance and upkeep of customer's services are the sole responsibility of customer, and not the responsibility of GAW. GAW may delete, block or confiscate any transmissions, posts, E-mails or attachments that GAW feels may be of any harm or inappropriate.
GAW may suspend or terminate customer's use of GAW services for any reason, or for no reason whatsoever, and at any time, including if GAW determines, in its sole discretion, that customer has failed to comply with any of the terms of GAW's Service Agreement & Acceptable Use Policy. More specifically, GAW reserves the right to prohibit any conduct by any customer or remove any GAW materials or equipment from any customer transmission site or service area. GAW also reserves the right to take or terminate the use of any GAW user name or email address at any time. GAW retains the right to change any of its services and may change its billing methods at any time. GAW has the right to terminate any service at any time without notification.
If residential usage exceeds more than 10 gigabytes of data transfer within one billing cycle (a billing cycle is one (1) month), customer's bandwidth service level will be limited to 50 percent of the contracted amount until the next billing cycle.
There are no data transfer limitations for GAW@work business customers.
Account Suspension/Cancellation Terms and Conditions:
Unless otherwise provided in a service agreement or contract, GAW customers have the right to cancel their service agreements at any time for any reason, subject to imposition of early termination fees. A customer must cancel their service agreement at least five business days before customer's next billing period, to avoid being charged for the following month. GAW reserves the right to suspend and/or cancel any customer account in accordance with the provisions of this Service Agreement & Acceptable Use Policy or for any reason not prohibited by law.
Enforcement and Violations:
Customers shall be responsible for distributing, publicizing and enforcing the GAW Service Agreement & Acceptable Use Policy at their sites. In addition, each GAW customer shall distribute the GAW Service Agreement & Acceptable Use Policy to appropriate administrative authorities at all sites connected to customer's site via connections not directly supported by GAW.
Even though GAW does not review, censor or edit the materials and information that are accessible on the GAW network or other networks which may be connected to the GAW network, if GAW becomes aware that a GAW customer is in violation of the law or this Service Agreement & Acceptable Use Policy, GAW reserves the right to take immediate action, up to and including the expulsion of the customer from GAW's network, termination of GAW services, and forfeiture of all fees paid to date of customer's violation. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities.
Delivery of GAW Services:
GAW does not guarantee Internet connection or wireless service one hundred percent of the time. GAW is not responsible for Acts of God or other casualty (such as vandalism or unforeseen acts of third parties) that may cause down time to some or all GAW customers. GAW reserves the right to suspend or interrupt service for necessary maintenance and/or expansion of service.
Without the express consent of GAW, which must be obtained in advance, neither customer nor any third party acting at customer's direction or on customer's behalf, shall handle, touch or modify the GAW equipment in a manner that may cause damage to the equipment or cause the equipment to operate at less than one hundred percent capacity. Customer will be liable for any damages to GAW equipment caused by any unauthorized act described herein.
As-is, Best-effort Service:
Customer acknowledges that GAW's services are provided on an as-available basis, and GAW makes no warranties of any kind, whether expressed or implied, in connection with the products or services provided hereunder, unless otherwise expressed in customer's residential or commercial service agreement GAW may send information to customer that advises customer of any changes in service or of new services available to customer. GAW also may attach links with other information that may be of use to customer.
GAW DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE:
Neither GAW nor GAW's officers, employees, directors, agents or staff shall be responsible for any liability or damages customer suffers or others may suffer, which arise out of or relate in any way to this Service Agreement & Acceptable Use Policy or customer's use of the services provided thereunder. This includes, but is not limited to, any liability for lost profits, loss of use, loss of opportunity, loss of data, or any other loss, including that which may result from any use, misuse, delay, non-deliveries, mis-deliveries, service interruptions, negligence, errors or omissions. Use of any information obtained via GAW's network is at customer's own risk. GAW specifically denies any responsibility for the accuracy or quality of information obtained through GAW's services.
GAW is not responsible for any hardware that a customer may be using beyond the point of demarcation (explained at the time of installation for service), and makes no guarantee to the compatibility of customer equipment with GAW equipment, networks, or services.
Customer agrees to fill out, as accurately as possible, any forms or questionnaires and surveys that are requested by GAW from time to time.
Modifications to this Service Agreement and Policy Statement:
GAW may modify this Service Agreement & Acceptable Use Policy at any time. Customers are responsible for visiting GAW's web site -- www.gawhsi.com -- for any such changes or additions.
Please visit GAW's web site frequently, to stay updated as to changes or additions to GAW's policies and/or terms and conditions of service.
© 2005 - 2010 GAW High-Speed Internet, Inc. All rights reserved.
1 Pearson Way
Enfield, CT 06082
These Terms of Service constitute the agreement between GAW High-Speed Internet, Inc., ("GAW", also referred to as "we," "us," "our,) and the user of GAW's communications services (referred to as "you," "your," or "user," or "customer") and any related products or services. This agreement governs both our service and any GAW approved or provided equipment used in association with our services. It applies to all digital voice lines on every GAW account. GAW is sometimes referred to as "we," "us," "our," or "GAW" and the user is sometimes referred to as "you," "your," or "user," or "customer".
By subscribing to or by using our service, you agree to these Terms of Service.
2. EMERGENCY SERVICES - 911 DIALING.
2.1 911 Dialing.
GAW 911 dialing is different than traditional 911 service.
2.2 GAW 911 Disclosure Agreement.
GAW 911 service is different from traditional wireline 911 and cellular/wireless 911, but it is a safe and reliable means of emergency dialing that may differ depending on where you are located, and the device used, when using your GAW service.
GAW customers have access to Enhanced 911 (E911), basic 911 or the GAW Customer Care Department. With E911 service, when you dial 911 your GAW phone number and the registered address you have chosen for your account is sent to the local emergency center serving your location, and emergency operators have access to this information in order to send help and call you back if necessary. With basic 911, when you dial 911, local emergency operators answering the call may not see your GAW telephone number or your registered address. The emergency center may not be equipped to receive, capture or retain your GAW telephone number and registered address, so you must be prepared to give them this information. Until you give the operator your phone number, he/she may not be able to call you back or dispatch help if the call is dropped or disconnected, or if you are unable to speak.
If you do not have access to either basic 911 or E911 for any reason, your 911 call will be sent to the GAW Customer Care Center. GAW Customer Care Center Representatives have been trained to direct your call to the closest emergency provider to your registered account address.
GAW requires you to provide the physical address where you will be using our service for 911 purposes as part of your digital voice service setup. For E911 and basic 911, this address is used to route 911 calls to your local emergency center. When you initially provide your physical address, it can take up to 120 minutes to verify your address and activate 911 service at this address.
If you move this device to another location, you must update your address. You may register only one location at time. If you do not update your location, your 911 calls may be sent to an emergency center near your old address. When you update your location, it can take several hours to activate 911 service at the updated address.
Please note that our 911 Dialing service will not function in the event of a broadband or power outage or if your broadband, Internet Service Provider (ISP), or GAW phone service is terminated.
3. CUSTOMER SERVICE.
We offer varying types and levels of customer service depending on a number of factors, including the service you are using and the problems you are experiencing. For more information on our customer service, please visit our web sitewww.gawhsi.com. We assume no obligation to provide support services for any third party products or services, or for problems with our service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change the customer service options at any time.
4. MONEY BACK GUARANTEE.
We offer a money back guarantee if you terminate your service within 30 days from your subscription date. The subscription date is the date you order service or the date we successfully process your payment, whichever is later. It is not the day you receive the equipment you ordered or the first day you use the service.
We offer a money back guarantee if you terminate your service within 30 days from your subscription date. Our money back guarantee applies only to the first-ordered line per account, not to additional or secondary lines. We will refund one credit for the activation fee or setup charge you paid, the service charge for the first monthly service term, shipping charges (if applicable), the price you were charged by GAW for your device and the $39.99 disconnection fee if you meet the following conditions
Any device you purchased from retail stores is not eligible for our money back guarantee. Please refer to the return policy of the retailer where you purchased your device. Devices purchased from retail stores must be returned to that company.
Our money back guarantee does not apply to any charges for international usage, payphone calls to GAW toll free numbers, directory assistance and any features or services not expressly included in your monthly plan fee. In addition, we may not be able to refund all of the taxes that you have paid.
Due to the nature of how GAW bills a customer's account, you may be billed for additional charges for the time between disconnection and return of the equipment. GAW will use reasonable efforts to refund any charges (less any amounts that you owe to us) to your account following the return of your device. If you have a billing dispute following the termination of your account, please contact us at the GAW Customer Care Department toll free at 1-855-GAW-SPEED (855-429-7733).
We offer a money back guarantee if you terminate your service within 30 days from your subscription date. Our money back guarantee applies only to the first-ordered line per account, not to additional or secondary lines. We will refund one credit for the activation or setup fee you paid, the service charge for the first monthly service term, initial shipping charges (if applicable), and the $39.99 disconnection fee providing your business meets the following conditions:
You have not exceeded 5,000 minutes of usage; and
You cancel your service within the first 30 days of your subscription date.
Our money back guarantee does not apply to any charges for international usage, payphone calls to GAW toll free numbers, directory assistance calls and any features or services not expressly included in your monthly plan fee. In addition, we may not be able to refund all of the taxes that you paid.
Due to the way GAW bills a customer's account, you may be billed for additional charges for the time between disconnection and the return of the equipment. GAW will use commercially reasonable efforts to refund promptly any charges (less any amounts that you owe to us) to your account following the return of your device. If you have a billing dispute following the termination of your account, please contact us at 1-855-GAW-SPEED (855-429-7733).
4.3 Right to Revocation.
We have the right to disconnect or revoke our 30 day money back guarantee for all customers at any time, without prior notice
5.1 Service Distinctions.
Our service is not a telecommunications service, but rather a digital voice service. All services are provided on a best effort basis. There are important distinctions between a telecommunications service and our digital voice service. Our service is subject to different regulatory treatment than a telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies. Our service requires a high-speed broadband connection to work effectively. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet speed you are receiving from your provider, your ISP or broadband service provider, or maintenance. We will always act in good faith to minimize disruptions to your use of and access to our service.
GAW Customer Care Department Representatives will have access to your account in order to identify and problem-solve technical issues with your account. GAW Customer Care Department Representatives will only be able to answer questions relating to your digital voice services with GAW and not questions which may relate to your broadband unless you are a GAW Broadband subscriber. Should a problem with your Internet provider be identified by a GAW Customer Care Department Representatives, you understand that it is your responsibility to contact this provider, and not the responsibility of GAW.
5.2 Residential Use of Service and Device.
If you subscribe to our residential service plans, we provide you with service and the device solely for normal residential, non-commercial use. If you subscribe to a service plan which permits use of more than one device with the same voice line, the basis for assessing such use will not change.
5.3 (A) Business Plans.
If you subscribe to any of GAW's business plans we provide our service and the device to you solely for use as a small business user or domestic business traveler. If you subscribe to a business plan, you are responsible for supplying, operating, and supporting the standard SIP based Customer Premise Equipment (CPE) for use with the service. As the subscriber and operator or administrator of this equipment, you are responsible for maintaining the security of the equipment, including but not limited to the physical and network security elements of your device.
5.3 (B) Enterprise Plans.
If you subscribe to any of GAW's Enterprise Level plans, GAW provides both equipment and service to your location. GAW will act as the administrator on your phone account. GAW is responsible for ensuring your SIP based CPE has been provisioned correctly and will work with you on an ongoing basis to ensure SIP devices are configured correctly. You understand that additional charges may be applied to your account for changes to your system after initial setup, and for ongoing maintenance which will be detailed under a separate agreement.
5.4 Inconsistent with Normal Use.
If you use the service or the device in a way that is inconsistent with the normal use for your service or plan, you will be required, at GAW's sole discretion, to pay the rates for the service or plan that would apply to the way you used the service or device, or terminate the plan. For example, if you subscribe to one of our residential service plans, and you are notified that your usage is inconsistent with normal residential use, you may thereafter be required to pay our higher rates for business service for all periods in which your use of our service or the device was inconsistent with normal residential use. More than 5,000 minutes per line per month for unlimited residential calling and more than 10,000 minutes per line per month for unlimited business calling will not be considered normal use. The creation or use of related multiple accounts or excessive residential lines to circumvent these levels are also considered inconsistent with normal use. Usage over these levels or other inconsistent use will result, at GAW's sole discretion, in immediate mandatory transfer to another appropriate plan, suspension or termination of service. You acknowledge that if your service is terminated under this provision, you are subject to all applicable termination charges. Here is a non-exhaustive list of examples of inconsistent service on a residential line:
(i) Commercial, not-for profit, governmental use or other similar use; or
(ii) The use of the service at a multi-residential address for more than one single residence; orr
(iii)The use of the service by others who do not reside in your personal residence primarily by reason of its unlimited feature
5.5 No 0+ or Operator Assisted Calling.
GAW Digital Voice may not support x11 Calling. Our service does not support 0+ or operator assisted calling, including, without limitation, collect calls, third party billing calls, 900, or calling card calls. Our service may not support 311, 511, and other x11 services in one or more service areas. Our service does support specified dialing such as 911 and 411, which are provided for elsewhere in these Terms of Service.
5.6 No Directory Listing.
The phone numbers you get from us will not be listed in any telephone directories. However, any phone numbers you transfer from your local phone company may be listed. Additionally, you may contact your local Yellow Pages to have GAW digital voice numbers listed in the phone book as a business.
5.7 Incompatibility With Other Services.
5.7 (A) Non-Voice Equipment Limitations.
You acknowledge that our service may not be compatible with all non-voice communications equipment, including but not limited to home security systems, medical monitoring equipment, certain versions of TiVo® or other television remote recording devices, satellite television systems, PBX systems, Centrex plans from TELCOs, other private telephone networks, or computer modems. You waive any claim against GAW for interference with or disruption of these services and their associated equipment, as well as any claim that GAW is responsible for any disruption to your business, if applicable.
5.7 (B) Certain Broadband, Cable Modem, and Other Services.
There may also be other services with which our service may be incompatible. Some providers of broadband service may provide modems that prevent the transmission of communications using our service by means of blocking the ports our SIP services use to communicate. We do not warrant that our services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of our service with any particular broadband service. Customers should be aware that such incompatibility issues may not manifest themselves promptly upon connection of GAW equipment, and furthermore such issues may in fact only manifest once GAW's equipment has been connected to a network for a certain period, or subjected to certain usage patterns.
You will be asked to create a password in order to gain access to your account information on-line or when contacting a GAW agent by phone. You agree to keep all passwords and account information confidential and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality and for all activities that occur under your password. You must immediately notify us if you suspect any breach of security such as loss, or unauthorized disclosure or use of your password and account. Should a breach occur, once notified, GAW will provide you with a new account password and the old one will become null and void.
5.9 Changes to Service Plans.
Your service plan includes terms and conditions such as monthly service allowances and calling features, and the charges associated with those allowances and features, all as described in the materials made available to you on your subscription date. You acknowledge that your service plan is also subject to these Terms of Service. Our service is subject to our business policies, practices and procedures, which we can change at any time without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of your service plan (such as features and prices) at any time, with or without notice. If we do give you notice, it may be provided on your account web page or monthly bill, in a newsletter, in a mailing, by e-mail, or other communication permitted under applicable law.
6. LENGTH OF SERVICE.
6.1 Service Term / Contract Term.
We provide our service to you indefinitely. Your service term refers to the period of time for which we will bill you periodically in advance (for example, one month or one year). The service term is the term that you selected from the options available when you signed up for our service. Your first service term begins on the subscription date, which is the date you first ordered service or the date we successfully process your payment, whichever is later. It is not the day you receive the equipment you ordered or the first time you use the service. Your service will continue until canceled by you or by us as provided for herein. Please note that the obligations of this agreement begin on your subscription date and are indefinite.
6.2 Automatic Renewal / Automatic Rollover.
Your service term automatically renews for the same term unless you call us at 1-855-GAW-SPEED (855-429-7733) to cancel your service before the end of your current service term. The renewal begins on the day after the last day of your service term. As noted in §
7. In Plan/Out of Plan Overview & Charges.
7.1 Other Commitments.
If you made a commitment as part of a promotional or plan benefit (such as an equipment upgrade, a free month of service, free installation, a rebate, or other incentive), unless otherwise specified in the offer you received, your commitment begins on the earlier of the day that you use the new equipment or accept the promotion or benefit. We will disclose the length of the commitment as part of the promotion or plan.
7.2 Right to Disconnect Customer.
We have the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice.
Our action or inaction under this section does not constitute any review or approval of your action or use or content.
7.3 Fees upon Disconnection.
7.3 (A) Disconnection by the Customer.
If you attempt to disconnect service before the end of your current service term, you will be responsible for all the charges for your current term, including unbilled charges, plus any disconnection fee. In addition, if you disconnect service that is based on a commitment before the end of the commitment, you agree to pay us the applicable recovery fee which shall be equal to the greater of:
$100.00 for residential accounts
50% of the monthly recurring charges times the number of remaining months in your service plan for business and enterprise users.
7.3 (B) Disconnection by Us without a Reason.
If we discontinue service generally, or disconnect your service without a stated reason, you will only be responsible for the charges that have accrued through the date of the disconnection, including a pro-rated portion of the final service term charges, and any recovery fees.
7.3 (C) Disconnection by Us with a Reason.
If we disconnect your service for any of the reasons listed in section 6.4 above, you will be responsible for all charges through the end of your current service term, including unbilled charges, plus any disconnection and any recovery fees.
7.3 (D) Remaining Charges Owed.
All of charges owed at the time of disconnection will be immediately payable and will be charged the day of disconnection to the electronic account attached to your service, either credit card or bank account via EFT. We will pursue collection for unpaid amounts on disconnected accounts and may report these unpaid charges to credit bureaus in the event that electronic billing of disconnection charges fails.
7.4 Number Transfer or "Port" on Service Disconnection.
7.4 (A) Single-Line Accounts.
You may be able to take, or "port," your current number to another telephone or digital voice service provider. If you ask your new service provider to port a number from us, and we receive your request from the new service provider, we will terminate our service for that number upon successful completion of the port. Once your service is terminated and the port is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any cancellation fees. If a port is unsuccessful for any reason, your service and your agreement with us will not terminate, you will remain a GAW customer, and you will continue to be responsible for all charges and fees associated with your GAW service until a successful port can take place.
7.4 (B) Multiple-Line Accounts.
If you request your new service provider to port a number from us and you have multiple numbers assigned to your account and/or additional devices on your account, you are required to inform us of your intent to terminate all the services on your account, prior to the successful completion of the requested port or we will select the most appropriate billing plan for any remaining numbers and/or devices on your GAW account, and you will continue to be responsible for all the charges and fees associated with the remaining services on your GAW account. Once the port of the requested number is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any cancellation fees applicable to the ported number.
7.5 Termination of Service.
In order to terminate your service, you must contact GAW's Customer Care Department, via telephone, at the following toll-free number: 1-855-GAW-SPEED (855-429-7733). Our Account Management Department is available to assist you Monday-Friday 8:00 a.m. – 6:00 p.m. Eastern Standard Time. Please note that simply returning your device to us, without notifying our Customer Care Department that you wish to terminate service, and without receiving a return authorization number from us, will not result in a termination of your service and you will remain responsible for all costs and fees associated with your account until such time as your account is terminated correctly or satisfied by payment in full.
8.1 Devices Purchased from a Retail Provider.
8.1 (A) Return of Device.
Except as provided in the limited warranty found in Section 8.1(B) below, if you purchased your device from a retail provider, you may return your device only to that retail provider. All device returns are subject to the return policy of the retail provider and are not eligible for our money back guarantee. We will not accept any device returned to us from a retail customer. If GAW inadvertently accepts a device purchased from a retail provider or a device belonging to a customer somehow comes into the possession of GAW, it may be returned at the customer's sole expense.
8.1 (B) Limited Warranty from GAW for Retail Customers Only.
We will provide a limited warranty on the device only for manufacturing defects for a period of 1 year from your subscription date. This retail customer limited warranty does not apply to any defect or failure other than a manufacturing defect. Without limiting the generality of the warranty, it does not apply to any defect caused by damage in transit, retailer handling, or your handling of your device. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. For returns subject to this retail customer limited warranty, the following conditions must be satisfied:
We receive your device, in its original condition, reasonable wear and tear excluded, together with the original packaging, all parts, accessories, and documentation;
Before returning your device to us, and within 1 year from your subscription date, you need to obtain a valid return authorization number from our Customer Care Department, which you can reach by calling 1-855-GAW-SPEED (855-429-7733).
You pay all costs of shipping your device back to us.
8.2 Devices Received from Us.
8.2 (A) Limited Warranty.
Except as set forth in these Terms of Service, if you received a device from us and the device included a limited warranty from another person (such as the manufacturer) at the time you received it, you should read the separate limited warranty document you got with the device for information on the limitation and disclaimer of certain warranties. We will provide a limited warranty on the device only for manufacturing defects for a period of 1 year from your subscription date. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
8.2 (B) Repair or Replacement.
Your only remedy for any breach of any limited warranty or other breach of any duty regarding a device is to get a repaired or replacement device by following our return procedures. This limited warranty applies in place of the limited warranty included with the device if the included limited warranty is less favorable to you than this warranty.
8.2 (C) Service Cancellation.
If you cancel your service within the money back guarantee period, you may obtain a credit for the amount paid for the device, if you return your device to us according to the money back guarantee conditions.
8.2 (D) Receipt of Damaged Devices.
If you receive cartons or devices that are visibly damaged, you must note the damage on the carrier's freight bill or receipt and keep a copy. You must also keep the original carton, all packing materials, and parts in the same condition in which you received them from the carrier. You must then contact our Customer Care Department immediately at 1-855-GAW-SPEED (855-429-7733).
8.2 (E) Ownership and Risk of Loss.
You will own your device and bear all the risk of loss, theft, or damage. This risk is from the time we ship your device to you until the time you return it to us according to this agreement.
8.3 Tampering with the Device.
You may not change the electronic serial number or equipment identifier or encryption keys or other authentication or technical data of your device or perform a factory reset of your device without first getting our written consent.
8.4 Prohibited Devices.
From time to time, GAW may publish a list of devices which are prohibited from using our services. That list shall appear in this section.
Other than express warranties for the device in the documentation that comes with your device and the retail customer limited warranty in this agreement, following the term of the limited warranty, we make no warranties of any kind, express or implied, and specifically disclaim, following the term of the limited warranty, any warranty of merchantability, fitness of the device for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing, or course of performance, or any warranty that the device or any firmware or software is "error free" or will meet your requirements. This section does not limit any disclaimer or limitation of warranty in the documentation provided with your device. Device warranties do not apply to Business Plus customers.
This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
9. FEES, TAXES, AND OTHER CHARGES.
9.1 Fees and charges.
We will publish on our web site the fees and charges. These fees and charges may change from time to time. We may introduce new products and services at special introductory pricing. At our discretion, we may change introductory pricing. Where required by law, we will send notification of invoices to your email address on file with us. We reserve the right to bill you more frequently if you owe us more than $75.
9.2 Billing increments.
We bill usage charges in full minute increments when applicable to certain plans. We round partial minutes up to the next full minute, unless we state otherwise in the rate schedules on our web site. We bill fractional usage charges in full cents. We round up cents when the value is $.005 or more and down when the value is less than $.005, unless we state otherwise in the rate schedules on our website.
State and local governments may assess taxes, surcharges, or fees, or all of these, on your use of our digital phone service. These charges may be a flat fee or a percentage of your GAW monthly charges and may change without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable taxes, fees, or charges for your subscription, use, or payment for our service or your device. These amounts are in addition to the payment for your service or devices. We will bill these charges to your payment method according to the terms in this agreement. If you are exempt from payment of any of these taxes, you must provide us with an original tax exempt certificate that satisfies the legal requirements attesting to tax-exempt status. Tax exemption will only apply from the date we receive your certificate at the following address:
GAW High Speed Internet, Inc
1 Pearson Way
Enfield, CT 06082
9.4 Payphone Charges.
This section is reserved for the use of GAW Digital Voice Services in conjunction with payphones. Updated information regarding GAW payphones policies may be found here.
9.5 Charges for Directory Calls (411).
We will charge you $0.99 for each call you make to GAW directory assistance except, and only to the extent, that such calls are expressly included in the fee for a service plan that you have selected.
9.6 Activation Fee and Uncontracted Billing
We will charge you an activation fee as outlined on in your service agreement. Should you not have a written service agreement with GAW, you will still be subject to the terms of this agreement and you will be billed:
$29.95 for residential users per line activated
$49.95 for business users per line activated
9.7 Disconnection Fee (Does Not Apply to Business Customers).
If you are a residential user, you will be charged a disconnection fee of $39.99 per voice line if your service is disconnected, subject to state and local laws.
9.8 Recovery Fees and Promotional Signups.
If you disconnect service based on a commitment resulting from a GAW promotion, before the end of the commitment period, you agree to pay us the applicable recovery fee. This recovery fee is equal to the difference between the price you paid and the regular price of the good, service, or other benefit you received. Any recovery fees are cumulative and are in addition to any other amounts you may owe us, including any disconnection fees.
9.9 No Credit Allowances or Refunds for Prepaid Service Plan Customers.
Subject to our money back guarantee and law, we will neither credit nor refund any service fees or any other amounts you pay for any prepaid service plans.
9.10 No Credit for Non-Usage or Misdialing.
Neither non-usage of the service nor misdialing while using the service entitle you to a credit for, or refund of, any portion of a payment made to us.
10. BILLING AND PAYMENT.
We will bill you for each term of service on the first day of each month. When you subscribe to our service, you must give us a valid email address and an electronic payment method that we accept. We reserve the right to stop accepting your payment method or your payments. You must advise us at once if your payment method expires, you close your account, your billing address changes, your email address changes, or your payment method is cancelled and replaced on account of loss or theft. Except for usage-based charges, we will bill in advance to your payment method all charges, fees, taxes, and surcharges for each service term. We will bill monthly as due immediately usage-based charges and any other charges which we decide to bill as due immediately. Bills will be sent to the email address on record.
When you subscribe to our service, you authorize us to collect from your payment method automatically. This authorization will remain valid until 30 days after you terminate our authority to charge your payment method. We will then charge you any disconnection fee and any other outstanding charges and disconnect your service.
If we disconnect your service, you will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
You agree to promptly update your account information whenever your personal or billing information changes (including, for example, your name, address, e-mail address, telephone number, and credit/debit card number and expiration date). You acknowledge and agree that GAW will be sending you information regarding your service, including via e-mail, over the Internet. If notices are sent by us to the last email address provided by you, you agree that we have provided sufficient email notice and you waive any rights to assert failure of notice.
You understand that it is difficult for us to distinguish between credit and debit cards. You agree to waive your rights under Regulation E to receive 10 days advance notice from us regarding the amount that we will debit from your account. While we may send you messages about your billing from time to time, we are not obligated to do so. We may change or cease our messages at any time without notice to you.
10.5 Billing Disputes.
If you want to dispute any GAW charges on your statement, you must notify us within 15 days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within 15 days, you waive any right to contest the charges. To dispute a charge from GAW, call GAW's Customer Care Department at 1-855-GAW-SPEED (855-429-7733).
11. PROHIBITED USES; UNLAWFUL USES AND INAPPROPRIATE CONDUCT.
11.1 Lawful purposes only.
You may use our service and your device only for lawful and appropriate purposes. You may not use our service or your device in any way that is illegal or inappropriate. Any use of service which is considered; threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior as determined by a GAW Customer Care Department Manager may result in account termination. GAW reserves the exclusive right to determine what is, and is not, inappropriate use of GAW services.
In addition, you shall not use our service or your device for auto-dialing continuous, or extensive call forwarding, Inbound/outbound centralized or distributed call center activity, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting, or fax or voicemail blasting and, you shall not use our service or your device to: impersonate another person; send bulk unsolicited messages; use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our service or use any automated means to manipulate our service; use our service to violate any law, rule, or regulation; and you may not violate any third party's intellectual property or personal rights; or exceed your permitted access to our service.
We may monitor the use of our service for violations of this agreement. We may remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our service, or GAW, its parent, affiliates, directors, officers, agents, and employees from harm.
11.3 Providing information to authorities and third parties.
If we believe that you have used our service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities.
In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows:
(i) in response to law enforcement or other governmental agency requests;
(ii) as required by law, regulation, rule, subpoena, search warrant, or court order;
(iii) as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;
(iv) to protect GAW's rights and property; or
(v) in emergency situations where disclosure of such information is necessary to protect GAW customers or third parties from imminent harm.
11.4 Use of Service and Device by Customers Outside the United States.
Although we encourage you to use our service to call foreign countries from the United States and to use our service as you travel, the services are only offered and supported in the United States. Our service is designed to work generally with unencumbered high-speed Internet connections. However, if the high-speed Internet connection you are using is not within a GAW service area or your ISP or broadband provider places restrictions on using VoIP services, we do not claim that they will allow you to use our service. You will be solely responsible for any violations of local laws and regulations or violations of ISP and broadband provider terms of service because of your use of our service.
11.5 No Transfer of Service.
You may not resell or transfer your service or your device or provide a telephone service to anyone else by using your GAW service or features of your GAW service without first getting our written consent from a GAW Customer Care Department Manager who can be reached at 1-855-GAW-SPEED (855-429-7733).
11.6 No Alterations or Tampering.
If you copy or alter or have someone else copy or alter the firmware or software of the device in any way that facilitates a compromise of your service, you are responsible for any charges that result. You may not attempt to hack or otherwise alter or disrupt our service or make any use of our service that is inconsistent with its intended purpose.
11.7 Theft of Service.
You may not use or obtain our service in any manner that avoids GAW policies and procedures, including an illegal or improper manner. You will notify us immediately at firstname.lastname@example.org or 1-855-GAW-SPEED (855-429-7733) if your device is stolen or if you believe that your service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of service. If you fail to notify us in a timely manner, we may disconnect your service and levy additional charges on you. Until you notify us, you will be liable for all use of our service using a device stolen from you and any stolen, fraudulent, or unauthorized use of our service whether or not it involves a stolen device.
11.8 Unauthorized Usage of Device; Firmware or Software.
Except as applicable for Business or Enterprise level customers, you have not been granted any license to use the firmware or software we use to provide our service or that we provide to you in providing our service, or that is embedded in your device, other than a nontransferable, revocable license to use the firmware or software in object code form (without making any modification to it) strictly according the terms and conditions of this agreement. You also agree that you will use your device exclusively for our service. We will not provide any passwords, codes, or other information or assistance that would enable you to use your device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You warrant that you possess all required rights, including software or firmware licenses, or both, to use any interface device that we have not provided to you. You may not reverse compile, disassemble, or reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.
12. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY.
12.1 AS IS Services.
You agree that our services are provided "as is," except to the extent provided below.
12.2 No Warranties on Service.
We make no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service or device for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance. In addition, we do not warrant that the service or device will be without failure, delay, interruption, error, omission, degradation of voice quality, or loss of content, data, or information.
Neither GAW nor its officers, directors, employees, affiliates or agents, or any other service provider or vendor who furnishes services, devices, or products to the customer for our service will be liable for unauthorized access to our or your transmission facilities or premises or equipment or for unauthorized access to, or alteration, theft, or destruction of, customer's data files, programs, procedures, or information through accident, fraudulent means, devices, or any other method, regardless of whether such damage occurs as a result of GAW's or its service providers' or vendors' negligence. Statements and descriptions concerning our service or device, if any, by GAW or GAW's agents or installers are informational and are not given as a warranty of any kind.
12.3 No Credit Allowances for Interruption of GAW Service.
We will not give you credit for any interruption of GAW service, including international calling services.
12.4 Limitation of Liability.
We will not be liable for any delay or failure to provide service, including 911 Dialing, at any time or any interruption or degradation of voice quality.
12.5 Disclaimer of Liability for Damages.
In no event will GAW, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service, including inability to access emergency service personnel through the 911 dialing service or to obtain emergency help. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12.6 Disclaimer of 911 Liability.
We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We do not have any control over any local emergency response center. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result. Neither GAW nor its officers or employees may be held liable for any claim, damage, or loss, fine, penalty, cost, and expense (including, without limitation, attorney(s) fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device.
12.7 Limit on total liability.
Our total liability under this agreement will not exceed the service charges for the affected time period. GAW will not be responsible for third party fees or charges, including but not limited to, banking fees, overdraft fees, cellular phone or other wireline charges, technician charges, consultant fees, or other similar charges.
13. INDEMNIFICATION AND WAIVER OF CLAIMS.
You shall defend, indemnify, and hold harmless GAW, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys' fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 Dialing, or your device(s), or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).
13.2 Waiver of Claim or Causes of Action.
You waive all claims or causes of action arising from or relating to our 911 dialing service unless the claims or causes of action arise from our gross negligence, recklessness, or willful misconduct.
You are liable for all liability that may arise from the content transmitted to any person, whether or not you authorize it, using your service or device(s). You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our service and the device.
13.4 Account Information.
You are liable for all liability that may arise from your failure to provide true, accurate, current and complete information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof. .
14. MISCELLANEOUS LEGAL CONSIDERATIONS.
14.1 Governing Law.
The law of the state of your residence will govern this agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable federal law. Because this agreement is a transaction in interstate commerce, the Federal Arbitration Act ("FAA"), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision in Section 1415.1.
14.2 No Waiver of Rights.
Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. GAW reserves all of its rights at law and equity to proceed against anyone who uses its services or device illegally or improperly. All determinations by GAW under these Terms of Sale and exercise of its rights are made and done in our sole and absolute discretion.
The provisions of this agreement that by their sense and context are intended to survive the termination or expiration of this agreement shall survive.
14.4 No Third Party Beneficiaries.
If you are not a party to this agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This agreement does not create any third party beneficiary rights.
14.5 Legal Age.
You promise that you are of legal age to enter into this agreement and that you have read and understand fully its terms and conditions.
14.6 Entire Agreement.
This agreement, including any future modifications to its terms, and the rates for services found on our web site, constitute the entire agreement between you and GAW. This agreement governs your use of our service, and the use of our services by the members of your household and your guests and employees. This agreement supersedes any prior agreements between you and GAW. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
If any part of this agreement is legally declared invalid or unenforceable, all other parts of this agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
15. DISPUTE RESOLUTION AND BINDING ARBITRATION.
It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
GAW and you agree to arbitrate any and all disputes and claims between you and GAW. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law. It includes, but is not limited to: disputes and claims arising out of or relating to any aspect of the relationship between you and GAW, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); disputes and claims that may arise after the termination of this agreement; disputes and claims that are currently the subject of individual litigation; disputes and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and disputes and claims concerning the scope of this arbitration provision. References to "GAW," "us" and "you" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of the service under this agreement or any prior agreements between you and GAW.
15.2 Informal Resolution of Disputes.
Our Customer Care Department can resolve most customer concerns quickly and to the customer's satisfaction. If you have a dispute or claim against us, you should first contact the GAW Customer Care Department by telephone at 1-855-GAW-SPEED (855-429-7733).. In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved as set forth below.
15.3 Formal Notice of Disputes.
A party who intends to seek arbitration must first send to the other party a written Notice of Dispute.
15.3 (A) Notification of Dispute by Customer.
A Notice of Dispute to GAW must be sent to GAW:
(i) by certified mail addressed to: GAW, Attn: Customer Service Manager 1300 Putney Road Brattleboro, Vermont 05301
(ii) by email addressed to email@example.com with subject line “Notice of Dispute”.
15.3 (B) Notification of Dispute by GAW.
A Notice of Dispute to you must be sent to you:
(i) By certified mail at the last mailing address that you registered with GAW; or
(ii) By email addressed to you at the last email address you registered with GAW.
15.3 (C) Proper Format of Notice of Dispute.
The Notice of Dispute must, at a minimum, include the following:
(i) Describe the nature and basis of the dispute or claim; and
(ii) Set forth the specific relief sought.
(iii) Provide sufficient information to uniquely and accurately identify the claimant (e.g. customer number, company name, taxpayer identification number)
(iv) Provide sufficient contact information for the claimant so as to allow the other party sufficient opportunity to seek resolution prior to progression as outlined in 15.3 (D), e.g. e-mail, work or home phone number, mailing address.
15.3 (D) Progression to Arbitration.
If you and GAW do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, you or GAW may commence an arbitration proceeding. The amount of any settlement offer made by you or GAW shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or GAW is entitled.
15.4 Arbitrator and Arbitral Rules.
The arbitrator shall be a mutually agreed upon individual or entity.
15.5 Location and Procedure of Arbitration.
Arbitration shall occur at the GAW Corporate Headquarters located at 72 Shaker Rd, Enfield, CT 06082.
15.6 Fees and Costs.
You are responsible for all additional costs that you incur in the arbitration, including, but not limited to, attorneys' or expert witness fees. If the arbitration proceeding is decided in GAW's favor, you shall reimburse GAW for the fees and costs GAW has expended during arbitration. If the arbitration proceeding is decided in your favor, you will not be required to reimburse GAW for any of the fees and costs advanced by GAW. If the party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys' fees incurred in that appeal. Notwithstanding anything to the contrary in this arbitration provision, GAW shall pay all fees and costs which it is required by law to pay.
15.7 Waiver of Jury Trial.
You and GAW agree that, by entering into this agreement, you and GAW are waiving the right to a trial by jury.
15.8 Waiver of Class Actions.
You and GAW agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and GAW agree that you and GAW may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You and GAW agree that, unless you and GAW agree otherwise, the arbitrator may not consolidate more than one person's or entity's claims, and may not otherwise preside over any form of a representative or class proceeding. Despite §14.7 or any other provision in this agreement to the contrary, if this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the entirety of this dispute resolution and binding arbitration provision shall be null and void.
15.9 Statute of Limitations.
You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to §10.5 of the agreement), or you waive the right to pursue a claim based upon such event, facts, or dispute.
15.10 Exceptions to Arbitration Agreement.
You and we agree:
(i) you may take your dispute to small claims court, if your dispute qualifies for hearing by such court;
(ii) if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection to the maximum extent allowable by law or the Agreement;
(iii) you or we may take any disputes over the validity of any party's intellectual property rights to a court of competent jurisdiction;
(iv) any dispute related to or arising from allegations associated with fraudulent or unauthorized use, theft, or piracy of service may be brought in a court of competent jurisdiction; and
(v) either you or we may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect the rights or property of you or GAW, pending the completion of arbitration.
15.11 Modification of Arbitration Provision.
Despite §16 or any other provision in this agreement to the contrary, if GAW makes any substantive change to this arbitration provision, you may reject any such change and require GAW to adhere to the language in the version of this agreement as of the date of your notification of dispute.
16. CHANGES TO THIS AGREEMENT.
We may change the terms and conditions of this agreement from time to time. By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning GAW, including changes to this agreement. We may give you notice of a change by posting the change on the home page of gawhsi.com, on your account web page or monthly bill, in a newsletter, by e-mail, on the relevant web page of the applicable service, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice in order for you to continue using our service. By continuing to use the service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your service immediately. Termination charges will not be applicable to termination of service due to increases in price or other material changes if your account is in good standing and you call us to terminate within 30 days after posted notice of the change.
When posted, this agreement supersedes all previously agreed to electronic and written terms of service, including, without limitation, any terms included with the packaging of your device. It also supersedes any written terms provided to retail customers with retail distribution, including, without limitation, any written terms in the packaging of your device. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of GAW services. If you continue to use our service, we will consider this your acceptance of any changes.
17. Exceptions to Voicemail Privacy to Enhance Service.
(b) In addition, if you receive GAW Visual Voicemail, whether as part of a plan that you have selected or as part of a trial, you authorize us to share your voicemails with human operators.
18. COPYRIGHT AND TRADEMARK; COPYRIGHT INFRINGEMENT; DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE.
18.1 Protection of Rights and Property.
Our website code and content, our materials, services, logs, service marks and trademarks are protected by trademark, patent, copyright, or other intellectual property laws, or international treaty provisions. Infringement by you may result in civil or criminal prosecution.
18.2 Availability of Third Party Materials.
Third parties may make materials available using our service.
These third parties are not within our control. We do not review the content posted on our service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit materials we know infringes another party's copyright to remain on our service. If you believe any materials on our service infringe a copyright, you should give us written notice as soon as possible. This notice may be sent to firstname.lastname@example.org or mailed to GAW High-Speed Internet, Inc., 72 Shaker Road, Enfield, CT 06082.
Your notice should at a minimum contain the following information:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All notices should be sent to email@example.com or GAW High-Speed Internet, Inc., 72 Shaker Road, Enfield, CT 06082.
Please Note: GAW prefers secure and/or signed digital documents in PDF or TIFF format. Please use consistent nomenclature in your documentation to assist GAW staff in processing your notice promptly.
Copyright © 2005-2011 GAW High-Speed Internet, Inc.