PowerNET Terms & Conditions

 

ACCEPTANCE OF AGREEMENT

This Agreement constitutes the complete agreement and understanding between BREA and the SUBSCRIBER for the use of POWERNET SERVICES and supersedes all previous representations, understandings, and/or any other written or oral agreement. The SUBSCRIBER represents and warrants that he or she is at least eighteen (18) years of age, and shall be deemed to have read, understood, and be in agreement with, this PowerNET Terms and Conditions Agreement after the first hour of online usage through PowerNET or through signing any contract for POWERNET SERVICES. In the event that the SUBSCRIBER does not agree with said PowerNET Terms and Conditions Agreement with regard to Internet access, the SUBSCRIBER may cancel Internet access services by notifying PowerNET prior to use of a second hour of Internet access usage through PowerNET, unless SUBSCRIBER and BREA have executed a specific written agreement with regard to Internet access service and in that case the specific written agreement shall be the primary document with regard to SUBSCRIBER termination rights. BREA may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered at BREA’s sole discretion. If you have any questions or suggestions, please send an e-mail to help@bentonrea.com.

PROVISION OF SERVICES

BREA will provide Internet access, and other products and services at the discretion of BREA, to individual SUBSCRIBERS in exchange for SUBSCRIBER payment of fees, and applicable taxes, and contingent upon SUBSCRIBER’s compliance with these terms and conditions stated herein.

To receive service, a SUBSCRIBER must be current (no delinquent past due balances) on all accounts that SUBSCRIBER has with BREA.

If PowerNET determines that delivery of service is unavailable or unfeasible, BREA reserves the right to cancel and/or terminate this agreement with no obligation to SUBSCRIBER by BREA. BREA has the sole right to make this determination. Should BREA cancel or terminate this agreement because PowerNET determines that service cannot be provided to the SUBSCRIBER through the PowerNET wireless network, any set-up fees received by BREA from SUBSCRIBER for services will be refunded on a prorated basis to SUBSCRIBER and any contract shall be deemed null and void.

The SUBSCRIBER acknowledges that their PowerNET account is subject to all of the terms and conditions listed in this Agreement even if the SUBSCRIBER is not personally using the account.

Any use of the PowerNET service is considered to be authorized and billable to the SUBSCRIBER. In addition, the SUBSCRIBER is responsible for any obligations to third parties that are incurred through the use of the SUBSCRIBER’s PowerNET account.

The SUBSCRIBER agrees not to use POWERNET SERVICES to make unauthorized attempts to access PowerNET’s network or system, or the systems and networks of others. SUBSCRIBER’s agree unconditionally to not cause harm or interference to PowerNET or third-party equipment, software, or processes used in connection with furnishing Internet access and/or other services.

The SUBSCRIBER agrees to use the services provided by PowerNET as permitted by applicable local, state, and federal laws. Therefore, the SUBSCRIBER agrees not to use these services to conduct any business or activity, or to solicit the performance of any activity, that is prohibited by law.

The SUBSCRIBER agrees not to resell, transfer nor share any account under any circumstances without prior written approval from BREA.

PowerNET reserves the right to disconnect, cancel, terminate, or suspend any account for any reason.

PowerNET reserves the right to refuse service to any potential or prospective SUBSCRIBER for any reason.

BREA will not release any information about you or your account unless required by law, a subpoena, or a court order.

PowerNET does not inspect files or monitor network traffic, however, files, messages or network traffic may be seen during routine system maintenance or troubleshooting.

The SUBSCRIBER is responsible for obtaining the requisite and adequate hardware and software to allow access to the Internet. The SUBSCRIBER acknowledges that old and/or obsolete hardware and/or software may result in poor Internet access performance.

The SUBSCRIBER agrees that PowerNET may contact the SUBSCRIBER from time to time (using email, direct mail, phone, or other method.) in order for PowerNET to provide various promotional offers and(or) educational materials. SUBSCRIBERs that do not wish to receive such offers and materials should notify PowerNET in writing by email, or by mail sent through the U.S. Post Office, or other delivery service, to Benton REA’s PowerNET, P.O. Box 1150, Prosser, WA. 99350.

The SUBSCRIBER acknowledges that certain content or services which may be accessed by or through PowerNET may contain material unsuitable for individuals less than 18 years of age. The SUBSCRIBER understands that it is his/her responsibility to acquire any software, or implement any techniques or processes, necessary to limit access to sites, content and/or services accessible by or through PowerNET which he/she finds objectionable or inappropriate.

The SUBSCRIBER agrees that BREA shall NOT be held liable with regard to any and all liability for infringement or other violations of United States Copyright laws by SUBSCRIBER or others in connection with the use of the SUBSCRIBER’s account.

The SUBSCRIBER agrees that PowerNET shall NOT be held responsible for any computer viruses of any sort contracted as a result of connection to the Internet. It is the SUBSCRIBER’s responsibility to obtain and install any security or other software that may be needed for the protection of the SUBSCRIBER’s computers.

PowerNET will strive to maintain the availability of the Internet services provided by PowerNET. However, BREA is NOT responsible for any loss or damage suffered by the SUBSCRIBER through lack of PowerNET Internet access or any other service provided by PowerNET or BREA. BREA is NOT liable for any loss that any SUBSCRIBER incurs as a result of using, or not using, any PowerNET products or services.

The SUBSCRIBER agrees and understands that forcing a POWERNET dial-up connection to stay up and running for extended intervals by running automated email checks, pings, etc. is not allowed, and that PowerNET reserves the right to “time out” a dial-up Internet access connection after an idle session has been in place for an excessive amount of time, with such time interval to be solely determined at the discretion of PowerNET.

PowerNET reserves the right to charge SUBSCRIBER for excessive calls made by SUBSCRIBER to the PowerNET telephone technical support personnel. PowerNET shall notify SUBSCRIBER as to when PowerNET shall begin charging SUBSCRIBER for telephone technical support.

The SUBSCRIBER is responsible for knowing how to use the Internet services provided by PowerNET. PowerNET is NOT responsible for any long-distance telephone charges, or any other type of telephone charges, incurred by anyone for any reason. Further, the SUBSCRIBER is fully liable for any and all expenses and costs incurred through the use of any of the PowerNET products or services, and SUBSCRIBER is also responsible and liable for any damages incurred or suffered through the use of any of the PowerNET products or services.

WITHOUT LIMITING ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, BREA SHALL NOT BE LIABLE TO THE SUBSCRIBER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES HEREUNDER (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE SUBSCRIBER HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BREA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVISIONED HEREUNDER. BREA SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WIHTOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON INFRINGEMENT OF THIRD PARTY RIGHTS. Notwithstanding the foregoing, the SUBSCRIBER agrees that the rights and remedies of the SUBSCRIBER specifically set forth in this Agreement are exclusive and the SUBSCRIBER hereby waives and releases all other remedies. The total liability of BREA for actual proven damages for any cause whatsoever, including but not limited to any failure of or disruption of a PowerNET product or service, regardless of the form of action, whether in contract or in tort or otherwise, including without limitation, breach of contract, breach of warranty, strict liability, negligence, misrepresentation and other torts, shall be limited to an amount equivalent to charges payable by the SUBSCRIBER under this Agreement for the PowerNET product or service received during the period such damages occur. All PowerNET services are provided “as is.” SUBSCRIBER acknowledges and accepts the reasonableness of the foregoing disclaimer and limitations of liability.

BREA has the right to delete all of SUBSCRIBER’s files or information stored on PowerNET equipment for the benefit of the SUBSCRIBER if either party cancels SUBSCRIBER’s account for any reason.

PowerNET’s failure to enforce or insist upon strict performance of any provision of this Agreement, or to exercise any of PowerNET’s rights or remedies under this Agreement or otherwise by law, will not be construed as a waiver or relinquishment to any extent of PowerNET’s right to rely on any such provision, right, or remedy in that or any other instance. Neither the course of conduct between parties nor trade practice will act to modify any provision of this Agreement.

This agreement shall be constructed under, and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. The SUBSCRIBER agrees to jurisdiction by the state and federal courts sitting in the State of Washington.

BILLING

The monthly billing period for a SUBSCRIBER account is from the first through the last day of each calendar month. A prorated fee (based on a 30 day month) for the first month will be due and payable upon application for service. The prorated fee for first-time PowerNET SUBSCRIBERs receiving service may be waived at the discretion of PowerNET.

Billing for a SUBSCRIBER account will be processed on or about the last business day of each calendar month. Bills will be due and payable, and considered to be delivered, when presented to any United States Post Office for mailing, or when delivery is confirmed by Email. Bills will become delinquent if not paid within (20) days from the Bill Date, and the PowerNET Internet access service will be disconnected on or about the 25th of the month in which the bill is delinquent. Any PowerNET SUBSCRIBER whose account was terminated due to non-payment will not be reconnected until all PowerNET account balances are paid in full.

PowerNET may charge interest on any delinquent past due balances on SUBSCRIBER accounts, and the interest rate shall be set in the appropriate rate schedule and at the discretion of BREA up to the maximum rate allowed by law. Current rate schedules calculate a 1% per month late fee.

MEMBERS may be charged for POWERNET SERVICES on the same bill which shows charges for BREA electric power services. If this bill is not paid in full within 20 days from the Bill Date, the POWERNET SERVICES will be disconnected on or about the 25th of the month in which the bill is delinquent.

Whenever the PowerNET Terms and Conditions Agreement is in conflict with verbiage printed on billing statements, in letters, or in other documents (except for the Benton Rural Electric Association Articles of Incorporation and the Association Bylaws), the wording in the PowerNET Terms and Conditions Agreement shall supersede such documents and shall be controlling.

SUBSCRIBER is responsible for keeping BREA informed of SUBSCRIBER’s current mailing address. Informing BREA of an address change for MEMBER’s electrical account does not necessarily mean that the address will be changed for MEMBER’s PowerNET account. SUBSCRIBERS should be sure to notify BREA with regard to any address changes that may be needed for EACH of their BREA or PowerNET accounts.

If there are any taxes levied on Internet services by any federal, state, local, or other government entity, the SUBSCRIBER agrees to pay all of the applicable taxes.

TERMINATION/CANCELLATION

SUBSCRIBER may cancel any POWERNET SERVICES at any time by providing written notice to Benton REA; however, any SUBSCRIBER that receives POWERNET SERVICES pursuant to a contract shall be charged the appropriate cancellation fee or the remainder of the fees due pursuant to the provisions of such contract.

Cancellation requests must be received in writing at the BREA office in Prosser, Washington. Such requests must be received before billing is run for the next month in order to avoid incurring charges for the following month.

Monthly recurring charges for cancelled or terminated POWERNET accounts shall not be prorated.

Notwithstanding any other provisions that are applicable upon termination, this Agreement is not considered terminated or fulfilled until all PowerNET owned equipment (including WIRELESS EQUIPMENT) is recovered in good condition by PowerNET.

SPECIFIC TERMS FOR WIRELESS SUBSCRIBERS

The SUBSCRIBER grants Benton REA’s PowerNET (PowerNET), or its authorized contractors, permission and authorization to access SUBSCRIBER’s premises for the purposes of installing the customer premises hardware, wiring, and other equipment, at the address location provided by the customer SUBSCRIBER to PowerNET, in order for PowerNET to provide the service(s) requested by SUBSCRIBER.

The SUBSCRIBER acknowledges that SUBSCRIBER is NOT PURCHASING THE WIRELESS EQUIPMENT, and acknowledges that PowerNET shall retain its right of ownership at all times to all the WIRELESS EQUIPMENT installed by PowerNET in order to provide services requested by SUBSCRIBER. In the event SUBSCRIBER terminates the POWERNET SERVICES, PowerNET will maintain the right to remove any PowerNET owned equipment from SUBSCRIBER’s premises at PowerNET’s discretion, but PowerNET is not obligated to remove such equipment immediately.

Last Revised 04-08-10