Terms and Conditions

Crocker Communications, Inc.
General Terms and Conditions

1. Crocker Communications, Inc. ("CROCKER") exercises no control over, and accepts no responsibility for, the content of the information passing through CROCKER's host computers, network hubs and points of presence (the "CROCKER Network"). EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8 BELOW, CROCKER (a) MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES AND EQUIPMENT IT IS PROVIDING, AND (b) DISCLAIMS ANY WARRANTY OF TITLE, MECHANTABLILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Use of any information obtained via the CROCKER Network is at Customer's own risk. CROCKER specifically denies any responsibility for the accuracy or quality of information obtained through its services. CROCKER shall not be liable for any delay or failure in performance due to Force Majeure, which shall include without limitation acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, or other occurrences which are beyond CROCKER's reasonable control.
2. All use of the CROCKER Network and the services must comply with the then-current version of the CROCKER Acceptable Use Policy ("Policy") which is made a part of the Agreement and is available at the following URL: http://www.crocker.com/terms. CROCKER reserves the right to amend the Policy from time to time, effective upon posting of the revised Policy at the URL or other notice to Customer. CROCKER reserves the right to suspend the service or terminate this Agreement effective upon notice for a violation of the Policy. Customer agrees to indemnify and hold harmless CROCKER from any losses, damages, costs or expenses resulting from any third party claim or allegation ("Claim") arising out of or relating to use of the service. Including any Claim which, if true, would constitute a violation of the Policy.
3. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM CUSTOMER'S OR CUSTOMER'S USERS' USE OF THE CROCKER NETWORK AND THE SERVICE INCLUDING WITHOUT LIMITATATION, ANY SUCH DAMAGES FOR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. Notwithstanding anything to the contrary stated in this Agreement, Customer's sole remedies for any claims relating to this service or the CROCKER Network are set forth in Section 8 below.
4. Maintenance and upgrades on the CROCKER network that may cause a service outage will be emailed to customers 48 hours in advance. Emergency security updates may have less than a 24-hour notification period. Normal maintenance window is Monday through Friday 11pm-4am. Emergency security maintenance may be performed at any time with or without notice.
5. IP addresses assigned by CROCKER are non-portable and must be returned to CROCKER immediately upon service termination. Customers may not announce CROCKER IP addresses over any other ISP network without the express written consent of CROCKER. CROCKER may change the IP addresses upon 30 days' written notice to the customer.
6. Payment is due 30 days after date of invoice. Accounts are in default if payment is not received within 30 days after date of invoice. If payment is returned to CROCKER unpaid Customer is immediately in default and subject to a returned check charge of $25 from CROCKER. Accounts unpaid 60 days after date of invoice may have service interrupted or terminated. Such interruption does not relieve Customer of the obligation to pay the Monthly Fee. Only a written request to terminate Customer's service relieves Customer of the obligation to pay the Monthly Fee. Accounts in default are subject to an interest charge on the outstanding balance of the lesser of 1.5% per month or the maximum rate permitted by law. Customer agrees to pay CROCKER its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under this Agreement. Prices are exclusive of any taxes and/or fees, which may be levied or assessed upon the Equipment or services provided hereunder. Any such taxes and/or fees shall be paid by Customer. If Customer is exempt from otherwise applicable taxes and/or fees, Customer must submit its tax identification umber and exemption certificate at the same time it submits this Agreement.
7. Billing for CROCKER service will commence when a CROCKER hub and a functioning telephone circuit are prepared to route IP packets to Customer's Site. The Startup Fee is invoiced upon acceptance of this Agreement by CROCKER. Charges for Equipment shall be invoiced upon shipment. CROCKER reserves the right to request up to 50% down payment on equipment or installation fees that may be greater or equal to a certain dollar value. If credit is in question, CROCKER reserves the right to request a security deposit which will be held for no longer than one year, provided the account remains in good standing. Service is invoiced monthly in advance, and may be canceled only by 60 days' advance written notice. In the event of early cancellation of a Term Commitment, Customer will be required to pay 75% of CROCKER's standard Monthly Fee for each month remaining in the Term Commitment. Products and services will revert to month-to-month pricing when the contract term has expired, unless the contract is renewed prior to expiration. CROCKER reserves the right to change the rates by notifying Customer 60 days in advance of the effective date of the change.
8. The Service Level Agreement ("SLA") for this service is set forth at http://www.crocker.com/terms. SLA applies only to customers agreeing to a Term Commitment of at least one year. CROCKER reserves the right to amend the SLA from time to time effective upon posting the revised SLA to the URL or other notice to Customer; provided, that in the event of any amendment resulting in a material reduction of the SLA's service levels or credits, Customer may terminate this Agreement without penalty by providing CROCKER written notice of termination during the 30 days following notice of such amendment. The SLA sets forth Customer's sole remedies for any claim relating to this service of the CROCKER Network, including any failure to meet any guarantee set forth in the SLA. CROCKER's records and data shall be the basis for the SLA calculations and determinations. Not withstanding anything to the contrary, the maximum amount of credit in any calendar month under the SLA shall not exceed the Monthly Fee and/or Startup Charge which, absent the credit would have been charged for CROCKER service that month (collectively the "CROCKER Fees"); provided, that the maximum amount of credit for failure to meet the Availability Guarantee shall not exceed the sum of (a) the CROCKER Fees, plus (b) the telephone company line charge which, absent the credit would have been charged for such month. To be eligible for service credit, customers must report outages within 5 days of the occurrence. Reports can be sent via email to billing@crocker.com or with a phone call to (413) 775-4170 or (413) 587-7270.
9. CROCKER may provide to you, via download, CD or other media, the use of certain software which is owned by CROCKER or its third party licensors. CROCKER reserves the right to update or change the Software from time to time and you agree to cooperate in performing the necessary steps for updates and upgrades to the Software. You may not make any copies of the Software. CROCKER is not responsible for any damages incurred from installation of CROCKER provided software.
10. You are responsible for management of your information including both backup and restoration of data. CROCKER is not responsible for the loss of your data or for the backup or restoration of your data regardless of whether the data is maintained on CROCKER servers or your computer or server.
11. You are responsible for security measures such as encryption of data, passwords and firewalls to protect your information. CROCKER is not responsible in the event that any party changes information on your account such as your username or password. CROCKER strongly recommends the use of anti-virus software and hardware-based firewalls.
12. For dial-up or ISDN accounts, CROCKER is not responsible for any charges including long distance and metered local or toll charges incurred when you access the service. You should check with the local phone company to determine whether a dial-up number you have selected is a local call from your location and whether any charges apply.
13. Neither party may use the other party's name, trademarks, tradenames or other proprietary identifying symbols without prior written approval of the other party. Neither party may assign or transfer any of its rights or obligations under this Agreement without express, prior written consent of the other party; provided, that either party may assign or transfer this Agreement to any affiliate of such party upon advance written notice to the other party. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law.
14. Crocker Communications, Inc. or its affiliates or subcontractors may perform some or all of CROCKER's duties and/or obligations hereunder.
15. Additional Terms and Conditions for all new DSL customers. A $19.95 shipping and activation charge will apply to each DSL order. An additional monthly Supplier FUSF recovery charge, where applicable, will be added to your monthly bill. Early termination fee of $79 applies to one year plans. Verizon residential local service is required. Service not available in all areas or on all telephone lines and subject to final confirmation of service by Crocker Communications, Inc.. If for any reason you are not completely satisfied you may cancel your DSL service within 30 days of your service ready date, return all equipment provided to you by Crocker Communications, Inc. and receive a refund for any charges you have paid to Crocker Communications, Inc. Minimum system requirements apply. Acceptance of all Crocker Communications, Inc. Terms of Service is required. Home networking bandwidth shared by multiple users; simultaneous usage may affect individual user's throughput speed. Home networking may require wireless adapters and Wi-Fi cards (sold separately). Actual throughput speed will vary. Speed and uninterrupted use of the service are not guaranteed. If you purchase maximum connection speed of Up to 3 Mbps/768Kbps, you will be provisioned at Up to 3Mbps/768K, Up to 1.5Mbps/384Kbps or Up to 768Kbps/128Kbps speeds according to Crocker Communications, Inc. standard loop qualification guidelines. In general, where only Frame Relay network is available, or where customer loops length on ATM network is longer than 12Kft, customer will be provisioned at Up to 768Kbps/128Kbps service. Equipment is new or fully inspected, tested and warranted return unit. Equipment provided with the one-year commitment offer will vary by location. Offer subject to change without notice. Other terms and conditions apply. Valid through 12/31/06. Crocker Communications, Inc. All Rights Reserved.
16. This Agreement supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Acceptance of this Agreement by CROCKER may be subject, in CROCKER's absolute discretion, to satisfactory completion of a credit check. Activation of service shall indicate CROCKER's acceptance of this Agreement. Use of the CROCKER Network constitutes acceptance of this Agreement.