Service Provider Responsibilities

BALDYCONNECT is responsible for Customer's first successful computer connection to Service. BALDYCONNECT shall make reasonable effort to provide continuous, uninterrupted, desirable, and error-free Service to Customer. BALDYCONNECT is committed to providing a safe Internet access environment for our subscribers. For this purpose, BALDYCONNECT employs the services of a third party to block access to websites containing illegal/harmful content, such as spyware, phishing, malicious code/virus, hacking, bot/net, terrorist, illegal drugs, and pornography/adult content from Service. BALDYCONNECT also blocks certain ports on our routers for the prevention of spam, viral spread, and other security risks. BALDYCONNECT cannot guarantee that all illegal/harmful content is inaccessible from Service. 

Customer Responsibilities

The customer is solely responsible for providing, configuring, and maintaining all of Customer's equipment (hardware and software), including without limitation, local area network, a firewall, malware protection, virus protection, hard drive backup, and lightning protection. The customer is responsible for his/her password(s) and login name(s) and shall not give the password(s) to anyone else. Customer will not allow anyone else to use Service, except under the terms and conditions of this Agreement. Customer assumes responsibility for maintaining up-to-date virus protection, for keeping applicable aggregate throughput (caps) as posted on BALDYCONNECT' website, and for maintaining Customer's data within allocated sizes of email boxes and web space. Any monthly data usage above the stated cap amount (as posted on BALDYCONNECT' website) is subject to review by management and could result in either moving Customer to a higher tier Internet service plan or having limits placed on Customer's downloads. Customer will be notified if a cap is exceeded. Customer will not use Service for any Mission Critical purposes, including without limitation, security systems, fire alarm systems, and/or life-support systems. Customer may not resell bandwidth without the written authorization of BALDYCONNECT. Customer may not use Service to advertise any business or services without written permission from BALDYCONNECT. 

Additional Technical Support

Technical support and programming can be provided to Customer at then-current rates. 

Termination

1. BALDYCONNECT reserves the right to immediately terminate Service to Customer upon any of the following conditions:

Failure to make timely payment of monthly fees or other charges.

Misuse of Service (as described in Acceptable Use Policy and Misuse of Service, below).

Violation of any local, state or federal law, including without limitation, FCC, copyright law, trademark law, and/or pornography law.

2. BALDYCONNECT may terminate Service to Customer for other reasons, at the sole discretion of BALDYCONNECT, upon thirty (30) days written notice. 

Upon any termination, BALDYCONNECT may delete all data, files, and other information stored by Customer on BALDYCONNECT' servers. 

Acceptable Use Policy and Misuse Of Service

The definition of "Misuse of Service" is left to the sole discretion of BALDYCONNECT. Customer gives BALDYCONNECT permission to reasonably monitor their network for misuse of Service, which includes without limitation, the following:

Violations and attempted violations of system security.

Unauthorized entry into another user's (including another company's) computer, communication devices, or resources. 

Interfering with or disrupting Service and/or equipment of other users.

Intentional propagation of computer viruses.

Sharing of Service beyond the contracted single residential unit or single business suite use.

Spamming activities

Resell of bandwidth

Usage Limits 

BALDYCONNECT internet service provides unlimited data. However, we maintain the right to both notify or throttle any user using high amounts of data that negatively impact network performance.

BALDYCONNECT may also follow the following behavior for prioritization, traffic blocking, and throttling.

Prioritized Traffic: HTTP, https, UDP, VoIP, gaming, and all traffic streams under 1Mbps during link saturation. (88%+)

Blocked Traffic: Port 25, DHT 1025-65535 UDP, torrent TCP announce 2710,80, torrent, local broadcast UDP 6771.

Termination/Violation Clause 

The internet may only be used for lawful purposes. Transmission of any material in the violation of any U.S. or state or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

Copyright infringement will result in a violation against the Subscriber. Three violations will result in immediate termination of the Subscribers service, although Confer Communications does reserve the right to terminate the Subscriber early if deemed necessary. Any harmful acts against BALDYCONNECT will result in immediate termination.

The subscriber is responsible for the use of the Internet by all parties accessing the Internet through the Subscriber, such as employees, agents, and non-employees, as well as non-agents – allowed access.

We are required by law to report some kinds of behavior to law enforcement, including (but not limited to) child abuse and child pornography of any kind, terrorism, and certain kinds of threat.

Information We Must Disclose 

We may receive legal requests for customer information from government and law enforcement personnel. We may also receive discovery requests in civil cases. We cooperate by providing the information required by law. However, BALDYCONNECT does not volunteer customer information or give access to customer communications to law enforcement or others, except in the "Special Exceptions" detailed above or if we have a good faith belief that an emergency involving an immediate danger of death or serious physical injury requires disclosure. Many criminal subpoenas require that we not disclose or notify you of the request. Due to this fact, we do not assume any duty to inform you of receipt of any legal requests.

Internet Information 

We may receive subpoenas for your identity in connection with the use of your Internet service for apparent copyright infringement or other civil matters. Files shared over "peer-to-peer" services often include your IP Address, and you can be identified in this way if we receive a lawful subpoena. Law enforcement can also obtain details about your Internet use and the content of communications through a warrant or similar authority.

​Confidentiality

If Customer chooses to store data on BALDYCONNECT' servers, BALDYCONNECT will make every effort to keep such data completely private; however, BALDYCONNECT cannot make any guarantee. Communications should not be considered protected under the Electronic Communication Privacy Act of 1994. 

Assignment

Customer may not share, resell, assign, or transfer this Agreement or access to Service without written authorization from BALDYCONNECT. 

Term of Agreement

The term of this Agreement ("Term") will commence on the Service Startup Date. The Term will automatically renew on the terms and conditions set forth herein unless Customer delivers to BALDYCONNECT thirty (30) days advance written notice of cancellation. Upon renewal of Term, the Base Service Rate to Customer will be at the rates in effect at that time. If Customer does not maintain Service through the end of initial Term, an early termination fee will apply at the rate of $10 per month for the remaining months of initial Term. 

Billing, Payments, and Fees

Installation Fee and first month's Base Service Rate are due in advance of Service startup. Monthly fees for Service are due, in advance, on the service activation date. Payment will be considered delinquent if not received by the fifth day after the due date. BALDYCONNECT may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect balances due, Customer agrees to reimburse BALDYCONNECT for all expenses incurred to recover sums due, including processing fees, attorney fees, and other legal fees. Customer authorizes BALDYCONNECT to increase Base Service Rate by the amount of government taxes, or fees if these become applicable. Administrative fees may be assessed to Customer for BALDYCONNECT' involvement in bringing Customer into compliance with this Agreement. If Customer does not maintain Service through the end of initial Term, an early termination fee will apply at the rate of $10 per month for the remaining months of Term. 

Indemnification

BALDYCONNECT cannot control the content, accuracy, or quality of information available through its Service or the Internet. Customer understands and agrees that temporary interruptions may occur as normal events in the provision of Service. In no event shall BALDYCONNECT be liable to Customer or any other persons for any special, incidental, consequential, or punitive damages of any kind, including without limitation, refunds of fees, loss of profits, loss of income, or cost of replacement services. Customer agrees to indemnify and hold harmless BALDYCONNECT and its authorized agents from any and all claims and expenses arising from Customer's use of Service, which damages may include Customer or any third party. 

General

This Agreement supersedes all other written and oral communications or agreements. BALDYCONNECT may modify the terms and conditions of this Agreement in the future and will publish updated terms and conditions online at BALDYCONNECT's website. By ordering service from BALDYCONNECT, Customer clearly understands and agrees to the policies and conditions thereof.