This Terms of Use Agreement (“Service Agreement”), consisting of these terms and conditions and all other documents referenced herein, by and between ONE-STOP COMMUNICATIONS OF PA (“OSC,” “we,” “us,” and “our”) and the individual or entity named on the Confirmation of Sale (“COS”) to which this Agreement is attached (“Customer,” “you,” or “your”), sets forth the terms and conditions under which OSC will make available its Standard Internet Access Service and related services and components (collectively, the “Service”). This Service Agreement governs both residential and commercial Customers. “Affiliate” means an entity that controls, is controlled by or is under common control with OSC.
By using the Service, Customers agree to be bound by the terms of this Service Agreement and all documents incorporated by reference herein, including without limitation OSC’s Privacy Policy, Open Internet Policy, Acceptable Use Policy, DMCA Copyright Infringement Notification Policy, COS, and Additional Terms (terms and conditions that will govern a new service offering) as each may be amended from time to time. If there is a conflict between this Service Agreement and any Additional Terms, the Additional Terms shall govern.
PLEASE READ THIS AGREEMENT CAREFULLY AND COMPLETELY AS IT SETS FORTH CUSTOMER'S RIGHTS AND OBLIGATIONS WITH RESPECT TO THE USE OF THE SERVICE. THIS AGREEMENT ALSO LIMITS THE REMEDIES AVAILABLE TO CUSTOMERS IN THE EVENT OF A DISPUTE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICE.
OSC regularly updates and amends this Service Agreement, the Privacy Policy, the Open Internet Policy, the DMCA Copyright Infringement Notification Policy, and other documents incorporated by reference in this Service Agreement. OSC will communicate any such updates or amendments to Customer in accordance with Section 5(a). Customer may obtain, at no charge, a copy of the current Service Agreement or any documents incorporated by reference herein by visiting OSC’s website or by contacting OSC.
1. General overview
This Service Agreement governs the following components and services defined under OSC’s Service. Customer may select from a menu of standard residential or business service(s) based on Customer’s needs. Details about the following can be found on OSC’s website, onestop.online, unless noted otherwise:
- (a) Standard Internet access service: Internet broadband access service for residential and commercial Customers (residential plans, business plans).
- (b) OSC Equipment: leased equipment (fixed wireless point-to-point or point-to-multipoint systems, and fiber optic equipment).
- (c) Customer technical/repair support, including support technicians.
2. Equipment and requirements for provision of the Service
Specific terms and conditions that govern a Customer’s use of their own equipment or OSC Equipment are set forth in the COS. This section governs Standard Internet Access Service Customers:
(a) Customer Equipment. To use the Service, Customer must have a personal computer or other device and other equipment meeting OSC’s most recent “Minimum Customer Equipment Specifications,” which are defined on OSC’s website and may be modified from time to time by OSC. The Minimum Customer Equipment Specifications may change, and OSC may make reasonable efforts to support previously acceptable configurations; however, OSC is not obligated to continue to provide such support. Although OSC is under no obligation to do so, OSC may, and Customer authorizes OSC to, perform any updates and/or changes to Customer’s equipment, on-site or remotely, from time to time as OSC deems necessary, at OSC’s sole discretion. Customer will direct any questions concerning third-party hardware or software to the manufacturer. OSC has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that Customer elects to use in connection with the Services. As set forth below and in the Open Internet Policy, Customer is not permitted to connect any harmful equipment to the OSC Equipment (as defined below). Customer understands that failure to comply with this restriction may cause damage to the OSC Networks and subject Customer to liability for damages and/or other liability. Customer understands, acknowledges and agrees to not alter, modify or tamper with the OSC Equipment or the Service, or to permit, encourage or solicit any other person to do the same, unless such person has been authorized to do so by OSC.
(b) OSC Equipment. Customer acknowledges that at the time of installation of the Service, the equipment owned and operated by OSC listed on the COS was installed (the “OSC Equipment”) at a location and in a manner authorized by Customer. Customer further acknowledges that the OSC Equipment may, at OSC’s sole discretion, be refurbished or otherwise used equipment. Customer agrees that the OSC Equipment was installed at a location and in a manner authorized by Customer. The OSC Equipment is and shall remain the property of OSC, and will be provided to the Customer under the terms set forth in the COS. At such time as Customer or OSC terminate the Service, Customer will return the OSC Equipment to OSC within fifteen (15) calendar days, and in accordance with OSC’s then-current return procedures. In the event that Customer has not returned the OSC Equipment as set forth in the previous sentence, or in the event that the OSC Equipment is damaged or otherwise inoperable, Customer will pay each applicable “Equipment Non-Return Fee” listed in the COS.
(c) Customer’s Obligation to Maintain Power to OSC Equipment. Customer understands and agrees that: (i) Customer must provide electrical power and a continuous connection to the power grid to OSC Equipment at all times (including, without limitation, when Customer is not using the Service), and (ii) Customer’s failure to provide such power and continuous connection may result in damage to the OSC Equipment or to Customer’s computer, equipment, property or premises, for which damage Customer will be solely responsible.
(d) Replacement and Upgrade of OSC Equipment. (i) For a one-year period after the date of installation, OSC provides a limited warranty against any defect in materials or workmanship in the OSC Equipment that is warranted by the manufacturer of such OSC Equipment. During this one-year period, in the event there is a problem with the OSC Equipment that is, as determined by OSC in its sole discretion, not a result of action or inaction on the part of Customer (see below for details), and that cannot be corrected either over the telephone or on-site, OSC will, as its sole obligation and Customer’s sole remedy for such problem, repair or replace such OSC Equipment at OSC’s expense. (ii) OSC shall have no obligation to repair, replace or otherwise upgrade any OSC Equipment that has been, in OSC’s sole discretion, damaged or otherwise requires repair, replacement or upgrade as a result of damage or disruption caused by misuse or neglect or otherwise caused by Customer, including, without limitation, damage or disruption caused by Customer’s failure to comply with Section 2(e) herein or by Customer’s failure to comply with the last sentence of Section 2(a) herein. Customer understands, acknowledges and agrees that this warranty expressly excludes defects in the OSC Equipment caused by acts of nature (such as, but not limited to, lightning damage), damage from misuse or neglect, water damage, damage caused by Customer’s failure to comply with Section 2(e) herein or damage or other disruption caused by Customer’s failure to comply with the last sentence of Section 2(a) herein. After the one-year warranty period, Customer will be solely liable for any and all damage to any OSC Equipment. Customer understands, acknowledges and agrees that OSC may from time to time require upgrades or replacement of the OSC Equipment to provide continued quality of service, and Customer will be obligated to pay the then-applicable “Equipment Upgrade Fee” as established by OSC.
(e) Backing up data. Customer understands, acknowledges and agrees that prior to OSC servicing any Customer equipment or OSC Equipment, it is Customer’s responsibility to (i) back up the data, software, information or other files stored on Customer’s computer or other device including but not limited to disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (ii) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s equipment. Under no circumstances shall OSC and/or its Operational Service Provider be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media. An Operational Service Provider is a third-party-owned company that provides or performs services on OSC’s behalf, to help serve Customers better, or to perform internal functions that support OSC’s Service and operations.
3. Access to Customer’s premises
Customer hereby grants OSC and its Affiliates, and each of their respective employees, contractors, representatives, agents, and Operational Service Providers the right to enter Customer’s property and premises at any time for the purpose of operating or maintaining the OSC Equipment or the OSC Networks, retrieving OSC Equipment or fulfilling its obligations or exercising its rights under this Agreement. OSC shall provide Customer with reasonable advance notice of any such planned access, except when, in the reasonable opinion of OSC, an emergency or other exigent circumstance exists that would require OSC to immediately enter Customer’s property and premises.
4. Customer’s representations, responsibilities and warranties
If Customer is an individual, Customer represents and warrants that he or she is at least 18 years of age and has legal authority to execute this Agreement. If Customer is a commercial entity, the individual executing this Agreement represents and warrants he or she has legal authority to execute this Service Agreement on behalf of Customer.
(a) This Service is personal to Customer and Customer represents and warrants that it will not assign, transfer, resell or sublicense Customer’s rights under this Agreement unless specifically permitted by the terms of this Agreement. (i) For residential Customers, Customer represents and warrants that the Service and the OSC Equipment shall be used only by Customer and by members of Customer’s immediate household living with Customer at the same address, and Customer will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured. (ii) For business Customers, Customer represents and warrants that the Service and the OSC Equipment shall be used only by Customer and by authorized members of Customer’s business located at the same address, and Customer will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured.
(b) Customer represents and warrants that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement and any other documents incorporated by reference in this Service Agreement, whether such breach results from Customer’s use of the Service or by another person using the Service via Customer’s equipment or OSC Equipment.
(c) Customer represents and warrants that Customer will not use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third-party; (ii) violates any local, state or federal statute, ordinance or regulation, or this Service Agreement; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any officer, employee, agent, representative or Operational Service Provider of OSC or its Affiliates; or (v) transmits any virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program.
(d) Customer represents and warrants that the personally identifiable information (“Personal Information”) Customer provided and will provide to OSC during the term of this Service Agreement, including without limitation Customer’s legal name, email address for communications with OSC (such email address, as the same may be modified from time to time by Customer upon notice to OSC, the “Account Email Address”), Service address, billing address, telephone number(s), and payment data (including without limitation information provided when authorizing Automated Clearing House payments or other recurring payments) and Non-Personal Information, such as but not limited to the number of computers on which the Service is being accessed (all such information, collectively, the “Customer Information” for purposes of this Service Agreement), is accurate, complete and current.
(e) Customer represents and warrants that there are no legal, contractual or similar restrictions on the installation of the OSC Equipment in the location(s) and in the manner authorized by Customer and that Customer is responsible for ensuring compliance with all regulations, applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions or other restrictions related to the installation of the OSC Equipment and Service, for paying any fees or other charges and obtaining any permits or authorizations necessary for the installation of the OSC Equipment and/or provision of the Service (collectively, “Legal Requirements”) and the payment of any fines or similar charges for violation of any applicable Legal Requirements.
(f) Customer represents and warrants that when Customer transmits, uploads, posts, or submits any Customer Material (as defined herein) using the Service, Customer has the legal right to do so and that Customer’s use of such Customer Material does not violate any copyright or trademark laws or any other third-party rights. Customer Material collectively includes without limitation any lawful or unlawful software, computer programs, applications, data, photographs, video and/or audio content, text, files, and other information, including emails, address book and web storage content: anything installed by Customer on OSC’s servers not provided by OSC.
5. The Service and privacy
OSC has established a Privacy Policy (“Privacy Policy”), which governs OSC’s collection, use, disclosure, management and security related to Customer’s personally identifiable information (“Personal Information”).
(a) Customer agrees that Customer received a copy of the then-in-effect Privacy Policy at the time Customer executed this Service Agreement. OSC may update or amend the Privacy Policy at any time without Customer’s prior consent unless such consent is required by law. OSC will, however, provide notice of any such changes or amendments as stated in OSC’s Privacy Policy. Customer understands, acknowledges and agrees that Customer’s continued use of the Service after notice of any changes or amendments have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law. All such updates or amendments shall be deemed to be incorporated by reference into this Service Agreement.
(b) OSC does not routinely monitor a Customer’s activity for violation of this Service Agreement and OSC has no obligation to monitor content transmitted by use of, or other information related in any way to the provision or receipt of the Service. However, Customer agrees that OSC has the right to monitor the Service, any and all information or Customer Material transmitted through the Service or by use of the OSC Equipment, and information available to OSC regarding Customer’s computer and other equipment in accordance with this Service Agreement. OSC has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on OSC’s, its Affiliates’ or Operational Service Providers’ servers. OSC has the right to monitor, review, retain or disclose any content or other information in OSC’s possession about or related to Customer (including, without limitation, Customer Information), Customer’s use of the Service, or otherwise, as necessary to satisfy any applicable law, or otherwise as OSC deems necessary or appropriate in OSC’s sole discretion.
(c) OSC may require that Customer use a username and password combination or other reasonable procedures to confirm Customer’s identity when requesting or otherwise accessing account information, making changes to the Service or performing other functions related to the Service through OSC’s authorized Customer service channels. Only Commercial Customers may also choose to designate an authorized user of Customer’s account (an “Authorized User”), who will be permitted to access the Commercial Customer’s account information and make certain changes to Commercial Customer’s account. Commercial Customers will be solely liable for any and all action or inaction by any Authorized User.
6. Passwords
(a) Residential accounts are for individual use only. Business accounts are for authorized personnel only.
(b) Residential Customers shall not share passwords or accounts with others. Commercial Customers shall only provide passwords to authorized personnel.
(c) OSC shall provide or obtain passwords to protect Customer’s account and Services. In the event that the security of a Customer’s account or Service is compromised, OSC shall provide Customer with a new password.
7. System security
(a) Customer is solely responsible for maintaining the security of Customer’s computer(s)/device(s) and data and protection of Customer’s User ID, password and Personal Information and other data.
(b) Customer is prohibited from utilizing the Service to compromise the security or tamper with OSC’s system resources or accounts on any of OSC’s computers, routers, switches, servers, radios, modems, or any other equipment at OSC or at any other website. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include but are not limited to password guessing programs, cracking tools, and network probing tools. Any attempt to access any of OSC’s corporate assets is strictly prohibited.
(c) OSC reserves the right to release the login names of Customers involved in violating system security to system administrators at other websites, in order to assist them in resolving security incidents. OSC will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers, subject to OSC’s Privacy Policy and applicable law.
8. Acceptable usage
(a) OSC’s Acceptable Use Policy (“AUP”) is incorporated into this Agreement by reference and governs the type of acceptable activities associated with the use of Internet service, including but not limited to usage of OSC’s systems and the OSC Networks for accessing the World Wide Web, Internet Relay Chat, USENET Newsgroups, Email, and other Internet features. The AUP also identifies the activities specifically prohibited by OSC.
9. Digital Millennium Copyright Act
Under the Digital Millennium Copyright Act (“DMCA”), copyright owners have the right to notify OSC’s registered designated agent if they believe that a Customer has infringed on their work(s). When OSC receives a complaint notice from a copyright owner, OSC will notify the Customer of the alleged infringement by providing Customer a copy of the submitted DMCA notice, to the extent permissible by law. As required by law, OSC enforces a graduated response policy to complaints that may lead to suspension or termination of service. OSC’s policy is to terminate the internet services for any Customer receiving four (4) or more DMCA notices annually. For information about how to contact OSC’s Designated Agent, please see OSC’s DMCA Copyright Infringement Notification Policy, available from OSC on request.
10. Penalties for violations of this Service Agreement
(a) Violation of this Agreement may be subject to immediate termination of Customer’s account in addition to any and all criminal and civil penalties available under the law. Typically, Customer will receive a warning on the first offense. However, if the offense is severe enough, OSC reserves the right to disable and terminate the account immediately. Accounts which have been disabled for abuse will not be re-opened. OSC also reserves the right to modify and/or disable Service at any such time the Customer violates this Service Agreement.
(b) OSC will not reimburse Customer when Service has been suspended or disabled due to violations of this Service Agreement.
(c) If Service is disconnected for non-payment, OSC is not obligated to re-connect Customer’s Service. However, if Customer desires re-connection, and OSC agrees to do so, Customer agrees to pay a Reconnection Fee plus any amount past due under Customer’s COS. The amount of the Reconnection Fee is set forth in OSC’s Network Management disclosure on OSC’s website.
11. Software licenses and third-party services
(a) OSC may provide software for use in connection with the Service which is owned by OSC or its third-party licensors, third-party suppliers, and Operational Service Providers (“Software”). Such Software will be subject to an additional fee. OSC reserves the right periodically to update, upgrade, or change the Software remotely or otherwise and to make related changes to the settings and software on Customer’s computer(s)/device(s) or Equipment, and Customer agrees to permit such changes and access to Customer’s computer(s)/device(s) and Equipment. Customer may use the Software only in connection with the Service and for no other purpose.
(b) Certain Software may be accompanied by an end user license agreement (“EULA”) from OSC or a third-party. Customer’s use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. Customer may not install or use any Software that is accompanied by or includes a EULA unless Customer first agrees to the terms of the EULA.
(c) For Software not accompanied by a EULA, Customer is hereby granted a revocable, non-exclusive, non-transferable license by OSC or its applicable third-party licensor(s) or Operational Service Provider to use the Software (and any corrections, updates and upgrades thereto). Customer understands, acknowledges and agrees that the Software is confidential information of OSC or its third-party licensors/Operational Service Providers and that Customer will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by OSC or its third-party licensors/Operational Service Providers. Customer may not copy, de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third-party, or allow, encourage or solicit others to do the same. Customer may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. Customer is not granted any title or rights of ownership in the Software. Customer acknowledges that this license is not a sale of intellectual property and that OSC or its third-party licensors/Operational Service Providers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited.
12. Customer’s payment obligations for Standard Internet Access Service
Customer understands, acknowledges and agrees to pay OSC through the end of the Initial Term or any Renewal Term in accordance with OSC’s current billing policies. Failure to fulfill any payment obligations in a timely manner as provided herein will be considered to be a violation of this Service Agreement and Customer’s COS. Customer’s Service will be suspended if payment is seven (7) days overdue. If payment is not made within fifteen (15) days, Customer will receive written notice that Customer’s account will be terminated. Customer agrees to allow OSC access to the premises to collect all OSC Equipment in Customer’s possession.
13. Disclaimer of warranties
(a) CUSTOMER EXPRESSLY AGREES THAT CUSTOMER USES THE SERVICE AND THE OSC EQUIPMENT AT CUSTOMER'S SOLE RISK. THE SERVICE AND OSC EQUIPMENT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS EXCEPT TO THE LIMITED WARRANTIES SPECIFICALLY SET FORTH IN SECTIONS 2 AND 4 HEREIN, IF APPLICABLE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. NEITHER OSC NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD-PARTY SUPPLIERS OR SOFTWARE LICENSORS WARRANTS: (I) TO UNINTERRUPTED, TIMELY OR SECURE USE OF SERVICE; (II) THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS; (III) THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED; OR (IV) THAT ANY PERSONAL INFORMATION, NON-PERSONAL INFORMATION, DATA OR FILES CUSTOMER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO CUSTOMER'S COMPUTER OR DEVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, INCIDENTS OF FILE SHARING, PRINT SHARING OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO CUSTOMER'S COMPUTER, DEVICE, OR NETWORK OR OSC EQUIPMENT, OR TO MONITOR CUSTOMER'S ACTIVITY AND CONDUCT WHILE USING THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM OSC SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
(b) In addition, OSC may, in its sole discretion, make available to Customer security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, parental control software, anti-spyware or anti-adware software for Customer’s use on Customer’s computer system(s) in conjunction with the Service. Any such security software provided by OSC to Customer is intended to provide only a minimal level of protection to Customer’s computer system(s). CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT OSC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, THIRD-PARTY SUPPLIERS AND LICENSORS OF ANY SUCH SECURITY SOFTWARE, DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. CUSTOMER UNDERSTANDS AND AGREES THAT OSC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, THIRD-PARTY SUPPLIERS AND LICENSORS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM(S) (OR THE INFORMATION STORED THEREIN) THAT MAY RESULT FROM USE OF THE SECURITY SOFTWARE OR FROM ITS NONPERFORMANCE.
(c) EXCEPT AS SPECIFICALLY SET FORTH IN THE COS, CUSTOMER UNDERSTANDS AND AGREES THAT NEITHER OSC NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS OR THIRD-PARTY SUPPLIERS AND LICENSORS GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE OSC NETWORKS OR THAT ANY SPEED OR THROUGHPUT OF CUSTOMER’S CONNECTION TO THE OSC NETWORKS WILL BE AVAILABLE TO CUSTOMER. Customer understands, acknowledges and agrees that the availability and speed of the Service provided at Customer’s premises may vary depending upon a number of factors, including Customer’s computer system(s), associated equipment and other devices accessing the Service, the terrain and location of Customer’s premises, foliage between OSC Equipment and other components of the OSC Networks, Internet traffic, and other factors such as system capacity limitations, governmental actions, system failures, modifications, upgrades and/or repairs that are events beyond OSC’s control.
(d) THIS SERVICE AGREEMENT GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
14. Limitation of liability
(a) STATUTE OF LIMITATIONS: CUSTOMER MUST BRING ANY CLAIM OR LAWSUIT WITHIN ONE (1) YEAR AFTER THE CLAIM OR SUIT ARISES.
(b) TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL OSC OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD-PARTY LICENSORS OR THIRD-PARTY SUPPLIERS, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, AND ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS SERVICE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO CUSTOMER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CUSTOMER UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 US).
(c) ADDITIONALLY, OSC WILL HAVE NO LIABILITY FOR THE FOLLOWING: (i) FOR ANY AMOUNT IN EXCESS OF ONE HUNDRED DOLLARS ($100.00 US); (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) FOR ANY DAMAGES OR LOSS DUE TO CUSTOMER’S FAILURE TO BACK UP ANY EQUIPMENT AS REQUIRED IN SECTION 2(e) HEREIN; (vi) ANY LACK OR BREACH OF SECURITY CUSTOMER OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vii) FOR ANY MATTER BEYOND OSC’S REASONABLE CONTROL; (viii) FOR ANY INTERFERENCE OR INCOMPATIBILITY WITH OR DISRUPTION OF ANY OSC SYSTEMS, WHETHER CAUSED BY THE INTERNET SERVICE, EQUIPMENT, OR OTHERWISE; OR (ix) CUSTOMER’S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS SERVICE AGREEMENT.
15. Governing law and jurisdiction
This Agreement and all matters arising out of or related to it shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to Pennsylvania’s conflicts of law rules. In the unlikely event that OSC and Customer are unable to resolve a dispute to either Party’s satisfaction after attempting to do so informally, Customer agrees that the federal and state courts of Mifflin County, Pennsylvania alone shall be the exclusive legal venue for said action and Customer consents to the personal jurisdiction of those courts. Customer agrees to waive the rights to bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.
16. Indemnification
Customer agrees to indemnify, defend and hold harmless OSC, its Affiliates, officers, directors, employees, shareholders, representatives, agents, Operational Service Providers, third-party licensors and suppliers and their respective members, officers, directors, employees, agents, representatives and contractors, and each of their successors and assigns (collectively, the “OSC Indemnitees”) from and against all losses, expenses, damages and costs (including reasonable attorneys’ fees) and other claims brought against any OSC Indemnitee(s) related to Customer’s use of the Service or any violation of this Service Agreement and all other documents incorporated herein by reference, including, but not limited to, claims that Customer’s use of the Service infringed on the patent, copyright, trademark or other intellectual property right of any third-party, Customer’s violation of any law or the rights of another and claims resulting from Customer’s negligence. Customer agrees to pay any attorneys’ fees incurred by OSC and/or any other OSC Indemnitee in connection with the defense of any such third-party claims. OSC reserves the right to assume the defense and control of any matter subject to indemnification by Customer, in which event Customer will cooperate with OSC in asserting any available defenses.
17. Termination of the Service
(a) IF CUSTOMER CANCELS THE SERVICE OR ANY ASPECT THEREOF FOR ANY REASON, OSC SHALL NOT BE REQUIRED TO REFUND CUSTOMER ANY PORTION OF THE MONTHLY FEES PAID BY CUSTOMER FOR THE MONTH IN WHICH CANCELLATION OCCURS, UNLESS REQUIRED OTHERWISE BY STATE LAW.
(b) Customer may terminate the Service at any time by providing OSC written notice, either via mail to the address set forth in Section 18(h) or email to help@oscmail.biz, ten (10) days prior to the desired termination date. OSC may take reasonable steps to verify Customer’s identity and authority before effecting such termination. The full Monthly Payment is due for any part of a month in which Service is provided. Upon termination, Customer agrees to pay any account balance, and to return any OSC Equipment or pay the Equipment Non-Return Fee as set forth in Section 2(b) herein.
(c) The Service and all Service features are subject to availability on an ongoing basis. Customer understands that OSC may cease to offer the Service or any Service feature at any time, for any reason or no reason, and without notice to Customer. Without limiting the generality of the foregoing, OSC may suspend, disconnect or terminate the Service at any time without prior notice if OSC believes in its sole discretion that Customer has (i) failed to pay Customer’s bill when due, (ii) threatened or harassed any OSC employee, agent or contractor or (iii) violated any other provision of this Service Agreement.
(d) If the Service to Customer is disconnected for any reason or Service is suspended in accordance with this Agreement, OSC may charge Customer (i) for Service during the period of disconnection or suspension in accordance with applicable federal and state law and (ii) reasonable disconnection and reconnection fees.
(e) In the event that Customer’s account is suspended, disconnected or terminated, no refund, including of fees paid by Customer to OSC, shall be granted. Moreover, OSC shall not be responsible for the return of data stored on OSC’s servers, including web and email servers. Customer agrees that OSC has no obligation upon termination to reconfigure Customer’s computer(s) or for any other reason.
(f) Sections 3 through 18 herein shall survive any termination or expiration of this Agreement.
18. General provisions
(a) This Service Agreement (including all documents incorporated herein by reference) constitutes the entire agreement with respect to the Service. This Service Agreement supersedes and nullifies all prior understandings, promises and undertakings made orally or in writing by or on behalf of the parties with respect to the subject matter of this Agreement.
(b) The Parties agree that any Affiliates, Operational Service Providers, agents, third-party suppliers and licensors of OSC are intended beneficiaries of this Service Agreement. Except as set forth in the previous sentence, this Agreement is not intended to give and does not give any rights or remedies to any person other than Customer and OSC.
(c) No agency, partnership, joint venture, or employment relationship is created as a result of the Service Agreement and neither party has any authority of any kind to bind the other in any respect.
(d) OSC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond OSC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
(e) This Service Agreement and all matters arising out of or related to this Service Agreement shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. Subject to the agreement between Customer and OSC, Customer agrees that the federal and state courts of Pennsylvania alone shall have jurisdiction over all disputes arising under this Service Agreement and Customer consents to the personal jurisdiction of those courts.
(f) OSC’s failure to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such right or provision. If any term, covenant, condition or provision of this Service Agreement shall, to any extent, be held invalid, illegal or unenforceable, the remainder of this Service Agreement shall not be affected and each remaining term, covenant, condition and provision shall be valid and enforceable to the fullest extent permitted by law or construed as nearly as possible to reflect the original intentions of the parties.
(g) OSC may change, amend, alter, or modify this Service Agreement at any time. OSC may notify Customer of any change either by posting that change on OSC’s website, onestop.online, and by sending Customer an email or by U.S. mail. If Customer continues to use the Service after such notice has been made, Customer agrees that such continued use shall be deemed to be Customer’s acceptance of those changes. The current version of this Service Agreement, as the same may be modified by OSC from time to time, shall supersede any prior version of this Service Agreement that may have been provided to Customer at any time.
(h) Except as specifically set forth in this Service Agreement, any notices under this Agreement shall be effective as follows:
- If to Customer: Notice shall be made (i) by email to Customer’s Account Email Address; (ii) by first-class mail to Customer at Customer’s billing address then on file with OSC; or (iii) when posted to the News page of OSC’s website. If by email, such notice shall be deemed effective when transmitted by OSC. If by first-class mail, such notice shall be deemed effective upon the earlier of (a) three business days after dispatch or (b) at such time as actually received by Customer.
- If to OSC: Notice shall be made exclusively by first-class mail to One-Stop Communications of PA, 101 East Market Street, Lewistown, PA 17044, or such other address as OSC may from time to time publish to Customer, and such notice shall be deemed effective upon receipt.
(i) Customer may not assign this Agreement, or Customer’s rights or obligations under this Service Agreement, without OSC’s prior written consent, and any purported assignment by Customer without such consent shall be void. OSC may transfer or assign any portion or all of this Service Agreement at any time without notice to Customer, and Customer waives any notice that may be required by law.
(j) Customer has executed this Service Agreement by their signature on the COS. The Customer understands, acknowledges and agrees that any executed COS means that the Customer has read, understands, and agrees to this Service Agreement and the documents referenced herein.
OSC and Customer understand, acknowledge and agree that this Service Agreement is entered into as of the date set forth on the COS.