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TERMS AND CONDITIONS
Last Update 09/30/2022
NOT reading this document does not limit your liability regarding your subscription.
INTRODUCTION
Ozark Mountain Internet (OMI) provides its customers a high-speed wireless Internet connection, which we refer to as the “SERVICE”. The Acceptable Use Policies (AUP) are intended to provide protection for our customers and the Internet community, while also allowing OMI to fairly share its network to all customers. OMI may modify the Terms and Conditions of this agreement at any time. The most current Terms and Conditions can be found on the OMI web site at www.OzarkMI.com. The prices for service are subject to change. Current prices can be found on our website at www.OzarkMI.com. Customer refers to any paying, contracted (under a Service Agreement) individual, organization or business using the OMI service.
USE OF SERVICE AT YOUR OWN RISK
The customer is solely responsible for the content of communications on the Internet. The service provided by OMI is “as is” and at your own risk. OMI denies any responsibility for the accuracy of information obtained through the service. The transmission of data over an Internet connection is subject to errors, delays, and interruptions. OMI is not responsible or liable for any errors, delays, or interruptions. The customer understands that current regulatory and technical issues prohibit expectation of privacy when using Internet services.
SERVICE DISRUPTION
OMI does not guarantee uninterrupted service. We are not responsible for any disruption of Internet connectivity due to power outages, network faults or acts of God, OMI equipment malfunction, or any natural disaster (including weather). All Internet service is provided on an "as is" and "as available" basis. OMI does strive to provide reasonably uninterrupted service to the best of our ability, and we strive to provide immediate text notifications of network outages at the time of occurrence. OMI does not guarantee any loss of service time, transmission errors, connectivity, or quality of service. The customer acknowledges and agrees that the service is not intended to be, and will not be used as, your primary or “life-line” telecommunications service.
INSTALLATION
The customer authorizes OMI or its contractor(s) to install the necessary wiring and Subscriber Unit (SU/CPE) required for wireless Internet service on the premises specified by the customer at the time of installation. The standard installation includes the mounting of an antenna and/or SU/CPE, a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one computer and/or router on the customer’s premises. Fishing of walls and/or attic crawling is not included with standard installation. The connecting of multiple computers at the customer’s premises may require additional costs in equipment and wiring. Any requests for custom installation work will require additional charges by our contractor(s). OMI and its contractor(s) will not be liable for any alterations to customer’s premises that result from the installation or removal of the SU and/or wiring including any holes in walls, cable wiring or antenna mounting brackets; although great care will be used to make the installations reasonably appealing.
OBSTRUCTIONS
Wireless Internet communications is generally dependent on a clear Line of Sight to the Access Point (AP), which is the point where the wireless connects to our broadband ISP partner(s). OMI will make every reasonable effort to provide our customer with the best service possible. Unfortunately, some locations could experience changes in service due to seasonal changes, i.e. spring and summer foliage, which in turn affects the line of sight to the AP. OMI will make every reasonable effort to relocate or realign the SU. However, OMI cannot prevent Line of Sight problems, and therefore cannot guarantee service or be liable for any loss of service.
PAYMENT POLICY
OMI will invoice its customers monthly by email only, with the exception of the first invoice which will be for the first month and will include equipment and set up fee, and is due at the time of installation. The invoice balance may be paid with cash, Visa, MasterCard, check or money order payable to Ozark Mountain Internet. The payment is due on the same day of the month as the install. Any account not paid by the due date will have their service interrupted. After 5 days an $10.00 Administration Fee will be required to enable service. AFTER 30 DAYS LATE THE SERVICE \ MEMBERSHIP WILL BE CANCELED. The balance due, plus a $99.00 administration fee, must be paid in full to reactivate the account. After 45 Days a new membership required to reactivate service. There is a vacation account hold available up to 90 days: you must call office in advance and there is a nominal monthly fee to keep the account active.
UNACCEPTABLE USE
OMI may, at its discretion, immediately terminate or reduce service to the customer upon any single or multiple incidents of the following conditions: A. Failure to pay service fees in a timely manner; B. Interfering with the distribution of Internet service to other customers and/or their equipment on the OMI wireless network C. Propagation of computer viruses and/or spyware D. Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information E. Unsolicited blanket emailing known as "spamming", ; F. Any violation of local, state, federal or international law or that of any Sovereign Nation, as well as OMI AUPs.
EXCESSIVE BANDWIDTH CONSUMERS
Customer activities that consume unusually large amounts of bandwidth can be multiple computers on the same connection, programs or servers which provide services to others via the OMI network, streaming movies and music and some types of gaming software. When excessive consumption of bandwidth by a customer prevents all customers fair access to the OMI wireless network, we reserve the right to take necessary steps to correct the problem. These steps include, but are not limited to: limiting bandwidth, disabling communication protocols, and discontinuing service without prior notice.
SERVICE SHARING
If at any time OMI discovers that the customer is sharing their service or has networked to others outside of the premises, without the express written consent of OMI, service will be immediately terminated to the customer with no refunds of any kind.
INDEMNIFICATION
Customer agrees to indemnify and hold harmless OMI, it's owner(s), partner(s) and contractor(s) against all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or relating to any and all claims and/or losses accruing or resulting from the installation of service, equipment, materials or supplies in connection with the performance of this agreement, to any and all customers and/or any other person, firm, organization or corporation.
CUSTOMER EQUIPMENT
OMI is not responsible for maintaining or supporting any equipment owned by the customer, and is not liable for any damages to the customer’s SU/CPE, computer(s) or other equipment. For security reasons, customers may have limited log in availability to their SU or CPE while on the OMI network.
SPAMMING
Spamming is the sending of unsolicited emails (see also OMI AUP). OMI will not tolerate any type of spamming. Internet service of a spamming customer will be immediately disconnected without prior notice and will not be eligible for any refund(s) for termination of service due to spamming.
CANCELLATION
All customers are bound by a signed written service agreement. A customer wishing to cancel service must submit a cancellation request in writing. Any discounted rates or service referral credits shall be forfeited on early cancellations. The customer will continue to be liable under these Terms and Conditions as well as the service agreement for all fees and charges until such time as the service agreement has been properly terminated and CPE/Router turned back in or we have acknowledged such termination in writing.
REFERRAL CREDIT
(Residential Customers) Refer your neighbor and you’ll receive one-month service credit on your service plan, when they remain a customer in good standing for 2 months. Only one credit given per referred new customer. Limited to not more than 12 credits per customer, per year, will be given (Jan 1 to Dec 31). The name of the referral must be given at or before the time of installation of the referred new customer.
The membership \ Install fee is not a deposit or security fee. The wireless equipment is owned and maintained by Ozark Mountain Internet (except for any customer add-on devices such as wireless mesh units), which we maintain in the rare case of service disruption.