Please click below to read our policies.
To keep subscriber rates low, while providing prompt service and support, customers will be required to pay a service charge when StratusIQ dispatches a technician to a residence or business for issues that are not StratusIQ’s responsibility.
Items that are typically covered in a service call include TV equipment, cabling and anything else deemed the property or responsibility of StratusIQ.
Items that are typically not covered in a service call include computers, routers, switches, telephones, cellular equipment, caller ID boxes, fax machines, answering machines, television sets, VCR & DVD players, or wiring and other home networking equipment.
In the event a subscriber requires an in-house visit to resolve an issue determined not to be the responsibility of StratusIQ, a $55 service charge will apply.
StratusIQ continues to offer expert phone support by calling 719.573.5343, email support at firstname.lastname@example.org, and onsite support (when required) for issues related directly to StratusIQ’s products and services.
By using the Services, you agree to abide by, and require others using the Services via your account to abide by the terms of this AUP. You should consult this document regularly to ensure that your activities conform to the most recent version. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY STOP THE USE OF THE SERVICES AND NOTIFY THE STRATUSIQ CUSTOMER SERVICE DEPARTMENT TO CONFIRM DEACTIVATION OF THE SERVICES.
- Prohibited Activities: You may not use the Services in a manner that violates any applicable local, state, federal or international law, order or regulation. Additionally, You may not use the Services to:
- Conduct, participate in, or otherwise facilitate pyramid or other illegal soliciting schemes.
- Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature.
- Invade another person’s privacy, stalk, harass, or otherwise violate the rights of others.
- Post, transmit, or disseminate content that is threatening, abusive, libellous, slanderous, and defamatory, incites hatred, or is otherwise offensive or objectionable.
- Restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the equipment or the Services, including, without limitation, by posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse, cancelbot, or other malicious code.
- Collect or store personal data about other users.
- Use an IP address not assigned to you.
- Modify or replace StratusIQ-provided Services configurations and/or settings
- Violate any other StratusIQ policy or guideline.
- Resell or redistribute the Services to any third party via any means including but not limited to wireless technology.
- Harm to Minors: You may not use the Services to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, or transmitting material that is unlawful, and including child pornography or obscene material.
- Intellectual Property Infringement: You may not use the Services to post, copy, transmit, or disseminate any content that infringes the patents, copyrights, trade secrets, trademark, or propriety rights of any party. StratusIQ assumes no responsibility, and you assume all risks regarding the determination of whether the material is in the public domain, or may otherwise be used by you for such purposes.
- User Content: You are solely responsible for any information that you publish on the web or other Internet services. You must ensure that the recipient of the content is appropriate and must take appropriate precautions to prevent minors from receiving inappropriate content. StratusIQ reserves the right to block, refuse to post, or to remove to the best of its ability any information or materials crossing its network, in whole or in part, that it, in StratusIQ sole discretion, deems to be offensive, indecent, or otherwise objectionable.
- Residential Service Usages: Unless expressly identified by a Commercial Agreement or Commercial Billing Code, the Services are designed for personal residential use and may not be used for commercial purposes. You may not resell or otherwise charge others to use the Services without a Commercial Agreement with StratusIQ. Without a Commercial Agreement with StratusIQ you may not use the Services for any business operation such as a call center, incoming or outgoing business telephone usage including toll, an entertainment business charging others to view video content or selling food and alcohol while others are viewing video content, as an Internet Service Provider, or for any other business enterprise, including, without limitation, Web Hosting, IP address translation, or similar facilities intended to provide additional access. The Residential “Unlimited” toll products are specifically intended for residential toll usage ONLY which is defined as less than 1300 minutes of long distance toll per month.
- Personal Equipment and systems: You are responsible for any misuse of the Services that occurs through your account. You must, therefore, take steps to ensure that others do not gain unauthorized access or misuse your account or personal equipment attached to the Services. You are solely responsible for the security of any personal device connected to the Services, including any data stored on that device. StratusIQ recommends that you take appropriate security, anti-virus, and backup precautions for any personal equipment or devices connected to the Services. You may not operate, or allow others to operate, servers of any type or any other device, equipment, and/or software providing server-like functionality in connection with the Services unless expressly authorized by StratusIQ.
- Hacking/Attempted Unauthorized Access: You may not use the Services to breach or attempt to breach the security of another user or attempt to gain access to any other computer, system, account, or data owned by another person, company, agency, or other organization without knowledge and consent of such entity. The equipment and the Services may not be used in any attempt to breach any security. This includes, but is not limited to, circumventing the user authentication or security of any software, system, website or other account not owned by you, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, probing the security of other networks or computers for any reason, or use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, which are all expressly prohibited.
- Disruption of Services You may not disrupt the Services in any manner. Nor shall you interfere with computer networking or telecommunications Services to any other user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, release of any computer virus, improper seizing and abuse of operator privileges or attempts to “crash” a host.
- Computer Viruses: Software and other downloadable Internet content may contain computer viruses, Trojan Horses, Worms and other malicious software or code that can be damaging to your computer system, home networking equipment, or data. It is your sole responsibility to take appropriate precautions to protect your devices from damage to software, files and data. You are prohibited from posting, transmitting or disseminating any information or software that contains a computer virus or any other malicious software or code content.
- Electronic Mail: You may not use the Services to send unsolicited bulk or commercial e-mail messages (“spam”). Any unsolicited e-mail must also not direct the recipient to any web site or another Internet source that contains malicious code or code that illegitimately attempts to collect information from the email recipient. “Mailbombing,” or the sending of numerous copies of the same or substantially similar messages or very large messages or files with the intent to disrupt a server or account, is prohibited. “Mail Spoofing” or the attempt to misrepresent the true sender of an email is prohibited. Furthermore, forging, altering or removing electronic mail headers is also prohibited.
- Bandwidth Limitations: StratusIQ residential and business Internet plans are not subject to data usage limits. However, you must ensure that your activities do not improperly restrict, inhibit, or degrade any other user’s use of the Services, nor represent (in the sole judgment of StratusIQ) an unusually large burden on the network itself. In addition, you must ensure that your activity does not improperly restrict, inhibit, disrupt, degrade or impede StratusIQ’s ability to deliver the Services and monitor the Services. StratusIQ may terminate, suspend, alter or require you to pay additional fees to upgrade your Services if StratusIQ, in its sole discretion, determines that you are using excessive bandwidth not consistent with residential usage.
- Conflict In the event of a conflict between the Residential or Commercial Terms of Service Agreement and this Acceptable Use Policy, the terms of service agreement will prevail.
- How to Contact StratusIQ For any questions regarding this AUP, complaints of violations, or cancellation notices, please contact StratusIQ in one of the following methods:
555 Hathaway Dr.
Colorado Springs, CO 80915
Effective date of disclosure is October 1, 2018.
This document provides information about the network management practices, performance characteristics, and commercial terms applicable to the broadband Internet access services provided to consumers by StratusIQ, LLC (“StratusIQ”) consistent with the Federal Communications Commission (“FCC”)’s transparency rule 47 CFR § 8.1(a). StratusIQ’s filer registration number (FRN) with the FCC is 0027160886.
StratusIQ provides broadband Internet access service utilizing HFC (hybrid fiber coax), DSL (digital subscriber line) and fiber optic service. This document covers the provisioning of those services to retail customers.
NETWORK MANAGEMENT PRACTICES
StratusIQ manages its network with the goal of delivering the best possible broadband Internet experience to all StratusIQ customers. The Internet services provided to customers by StratusIQ is obtained through several large Internet access carriers providing wholesale Internet transport services to broadband providers such as StratusIQ. As a result, many of StratusIQ’s network management practices and the performance characteristics described in this document may be directed, implemented and monitored by StratusIQ’s wholesale Internet access carriers for the maintenance and protection of their own respective networks. References in this document to StratusIQ’s actions and policies necessarily include the actions and policies of StratusIQ’s underlying carriers for Internet access services using their networks, which StratusIQ and the customers must follow and be subject to in their usage of StratusIQ’s Internet services. Accordingly, any reference to StratusIQ below may include upstream Internet access carriers providing services to StratusIQ that StratusIQ incorporates into its offering to its customers.
Protecting and managing the network is essential to promote the use and enjoyment of the Internet by all of StratusIQ’s customers. StratusIQ reserves the right to employ reasonable tailored Internet Protocol (“IP”) network management practices that are consistent with industry standards for such networks. Such practices would ensure that all customers and application providers have access to a fair share of StratusIQ’s network while not unreasonably discriminating in transmitting lawful broadband traffic. StratusIQ and its service providers also try to use tools and technologies that are minimally intrusive but may cause a complete outage for a customer if the customer’s IP address is determined to be under attack. Just as the Internet continues to change and evolve, so too will StratusIQ’s network management practices adapt to address the challenges and threats on the Internet. By engaging in reasonable and responsible network management, StratusIQ can enhance its delivery of the best possible broadband Internet experience to all of its customers.
Blocking. So long as traffic is not determined to be, or likely to be, malicious or harmful to its network, StratusIQ does not block certain applications or classes of applications sourced from, or destined to, the public Internet. Rather, StratusIQ strives to provide the best customer experience for all types of applications. StratusIQ and its carriers operate service operations centers that monitor the network for abuse and fraud. When StratusIQ determines either by automated or manual means, the presence of suspicious, malicious, criminal, or abusive traffic, or other activity that violates StratusIQ’s Acceptable Use Policy, StratusIQ may (and likely will) temporarily block access from or to its network to protect the security and availability of its network and service to its other customers. This measure may be triggered by, among other conditions, a denial-of-service (“DDoS”) attack or by StratusIQ (or its carriers) detecting an unusual amount of traffic that may be related to computers suspected to be infected with malicious software. If a customer believes that StratusIQ is blocking such traffic in error, the customer should contact StratusIQ’s customer support at (719) 573-5343 or support@StratusIQ.com.
Throttling. StratusIQ does not engage in throttling of Internet services except for in aggregate for all traffic destined to a given customer in accordance with the speed package selected.
Affiliated Prioritization. StratusIQ does not engage in affiliated prioritization.
Paid Prioritization. StratusIQ does not engage in paid prioritization.
Congestion Management. Congestion management of Internet services will occur for very basic reasons. All Internet traffic is considered “best effort” and is therefore subject to congestion management processes by StratusIQ, its carriers and their peer Internet service providers. Internet Service Providers such as StratusIQ use a combination of buffering, “first in first out” tools, multiple upstream connections, and monitoring and pro-active upgrades of upstream connections to accomplish the goal of lessening the impact caused by network congestion. Selection of traffic to delay during times of congestion will be completely random and all customer traffic attempting to access resources located behind the point of congestion, regardless of their bandwidth usage or network application, will be equally subject to the same factors of randomization. Customer traffic is congestion-managed not based on the applications or content being used but based on current network conditions.
Application-Specific Behavior. StratusIQ does not prevent users of its service from sending and receiving the lawful content of their choice; running lawful applications and using lawful services of their choice; or connecting their choice of legal devices (subject to the discussion below), provided that such applications and services do not harm the network or the provision of broadband Internet access services, facilitate theft of service, or harm other users of the service. Similarly, StratusIQ does not impair or degrade particular content, applications, services, or non-harmful devices.
The broadband marketplace is dynamic and constantly changing. While this document is intended to be thorough and current, StratusIQ expects to continue evaluating its approach to network management in response to changes in technology and Internet usage, and it reserves the right to adopt new or different network management practices.
Device Attachment Rules. StratusIQ permits its customers to attach any device to its network, so long as the device’s usage does not harm StratusIQ’s network or otherwise violate StratusIQ’s Acceptable Use Policy which can be found at www.StratusIQ.com/customer-resources/policies. Not all such devices, however, may be technically compatible with StratusIQ’s network. The technical compatibility of a device will vary depending on the broadband Internet access service to which it is being attached.
Security. StratusIQ actively seeks to address the threats posed by harmful and unwanted traffic and thus to protect the security, integrity, and availability of its network and its customers. Malicious software (often referred to as “malware”) such as viruses, worms, spyware, and distributed denial of service (“DDoS”) attacks not only can adversely affect the network, but also can result in harm to customers’ computers and the quality of the service they receive, compromise their data, and harm third parties as well. Unwanted communications such as spam can lead to similar problems.
StratusIQ encourages its customers to protect themselves from malicious Internet content utilizing a wide variety of commercially-available tools such as anti-virus, firewalls, and anti-malware tools. It is the customer’s responsibility to initiate and maintain safeguards as to the customer’s services and equipment, including adequate and secure passwords, updated operating system and application software, and updated anti-virus, firewall, and anti-malware software and other protections for the customer’s equipment applicable to the services.
As discussed in Blocking, StratusIQ may employ certain practices on a case-by-case and as-needed basis to protect its network and its customers against DDoS attacks. These practices could be triggered if StratusIQ detects traffic levels that significantly exceed certain baselines; the applicable thresholds are not disclosed here, in order to ensure that these security practices remain effective and cannot be deliberately circumvented. Further, in accordance with common industry practices (and in response to demonstrated harms), StratusIQ may on occasion and for limited periods of time inhibit certain Internet ports or IP address ranges (often correlated to specific geographic regions) that are commonly misused to harm networks, although this in no way is intended to prevent any StratusIQ customer or broadband Internet access user from accessing lawful Internet content. If a customer believes that StratusIQ is blocking such traffic in error, the customer should contact StratusIQ’s customer support at (719) 573-5343 or support@StratusIQ.com.
Service Description. StratusIQ offers Internet services to consumers primarily through HFC, DSL or fiber optic facilities. All services are subject to availability which is geographically limited. These offerings provide a number of asymmetric and sometimes symmetrical speed profiles.
As detailed more specifically below, speeds are dependent upon many factors including specific technology deployed for a customer connection. For example, the number of devices the customer elects to connect to the Internet modem/router, radio frequency interference within the customer’s home, network congestion, and other factors may impact performance.
StratusIQ provisions its network to ensure that its customers can enjoy the speeds to which they subscribe. However, StratusIQ does not guarantee that a customer will actually achieve those speeds at all times. No Internet Service Provider can guarantee a particular speed at all times to a customer. StratusIQ advertises its speeds as “up to” a specific level based on the tier of service to which a customer subscribes.
The “actual” speed that a customer will experience while using the Internet depends upon a variety of conditions, many of which are beyond the control of StratusIQ. While it is impossible to list all conditions that could possibly affect Internet service, some of the most common are:
- Performance of a customer’s computer, including its age, processing capability, its operating system, the number of applications running simultaneously, and the presence of any adware, malware and viruses.
- Type of connection between a customer’s computer and the router. For example, wireless connections may be slower than wired connections into a router or modem. Wireless connections also may be subject to greater fluctuations, interference and congestion from other common household electronics including, but not limited to, microwave ovens. StratusIQ does not recommend wireless modem connections for use with its higher speed tiers as many wireless connections typically are not capable of supporting speeds delivered by these tiers particularly when multiple devices are connected to the wireless modem/router. Also, when a customer provides its own router, many older routers are likely not capable of supporting speeds delivered on higher speed tier packages.
- The distance packets travel (round trip time of packets) between a customer’s computer and its final destination on the Internet, including the number and quality of the networks of various operators in the transmission path. The Internet is a “network of networks.” A customer’s connection may traverse the networks of multiple providers before reaching its destination, and the limitations of those networks will most likely affect the overall speed of the customer’s Internet connection.
- Congestion or high usage levels at the website or destination can impact a customer’s Internet connection speed. If a large number of visitors are accessing a site or particular destination at the same time, your connection will be affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently.
- Gating of speeds or access by the website or destination may impact a customer’s Internet connection speed. In order to control traffic or performance, many websites limit the speeds at which a visitor can download from their site. Those limitations will carry through to a customer’s connection and impact their download speeds.
- Latency is another measurement of Internet performance. Latency is the time delay in transmitting or receiving packets on a network. Latency is primarily a function of the distance between two points of transmission, but also can be affected by the quality of the network or networks used in transmission. Latency is typically measured in milliseconds, and generally has no significant impact on typical everyday Internet usage. As latency varies based on any number of factors, most importantly the distance between a customer’s computer and the ultimate Internet destination (as well as the number and variety of networks your packets cross), it is not possible to provide customers with a single figure that will define latency as part of a user experience. However, StratusIQ strives to maintain its network such that customers can achieve a latency of less than 100 milliseconds and less than 50 milliseconds to common destinations.
There are numerous products and services available to test StratusIQ’s services. These tests are heavily dependent on a customer’s home network configuration, modem, and computers, and therefore do not reflect the performance of the StratusIQ network only. In order to test your Internet speed when utilizing StratusIQ’s Internet services, go to www.StratusIQ.com, and select to run a speed test. StratusIQ also may be able to provide testing of the services to assure that customer is receiving the subscribed bandwidth at the demarcation point between StratusIQ’s network and the customer’s inside wiring. If the tests demonstrate the customer’s services are degraded from the speeds delivered by StratusIQ’s network, the customer should evaluate problems with the customer’s equipment at the premises and any software issues associated with the use of that equipment.
Impact of Non-Broadband Internet Access Service Data Services. StratusIQ offers broadband Internet access service over the same last-mile facilities as specialized services, such as virtual private network (“VPN”), voice over IP (“VoIP”). In most cases, when the specialized service is not being used, customers may use the capacity that would otherwise be used for the specialized service for broadband Internet access. When these customers do utilize the special services, less bandwidth will be available for broadband Internet access service than when they are not using the specialized services.
Price. The terms of service for StratusIQ’s Internet access services are set forth in the materials specific to that service as executed by and between StratusIQ and the Customer when the service was established or ordered. StratusIQ offers various pricing options for its Internet access services depending upon location, bandwidth needs and other terms and conditions.
Current customers can find pricing information concerning their service on their monthly bill or by contacting a customer service representative. Prospective customers can obtain pricing information for StratusIQ’s customer service representatives.
Privacy. StratusIQ does not share customer information with any third parties except for those third parties involved in provisioning or supporting service. Specifically, at times, StratusIQ utilizes a third party to provide support as overflow or additional hours coverage. StratusIQ utilizes a wholesale partner to provide voice services. And StratusIQ utilizes a third party to perform credit card processing.
Redress Options. If you have any questions about StratusIQ’s service or any questions or concerns regarding any of the information set forth above and wish to contact a customer service representative may do so by calling StratusIQ’s customer support at (719) 573-5343 or support@StratusIQ.com.
This statement has been reviewed by StratusIQ’s President, Ben Kley, who certified that the information contained in the disclosure is true and correct to the best of his knowledge.
These Terms of Service constitute the agreement (“Agreement”) between Falcon Broadband LLC doing business as StratusIQ of 555 Hathaway Drive, Colorado Springs, CO 80915 (“StratusIQ”) and the customer (“Customer”) who is receiving residential voice, video, and/or data services (“Services”) at a particular Residence (“Service Premises”) on the following terms. By allowing activation of StratusIQ Services at the Service Premises, the Customer acknowledges that they have read, understood, and agreed to the terms and conditions of this Agreement, and that the Customer is of legal age to enter the Agreement and become bound by its terms.
1.1 Regular Service Terms. Regular Services are offered monthly for a term which begins on the first day of the month in which StratusIQ activates Services at the Service Premises. Charges for Services begin on the date of activation. Subsequent terms of the agreement automatically renew monthly without further action from the Customer. Customer must request and confirm termination of the Services with our customer service department during normal business hours and is responsible for all charges to the date in which StratusIQ deactivates Services at the Service Premises. Some services are not proratable and the customer is responsible for the charges through the end of the current month of the deactivation. Expiration of the term or termination of the Services does not excuse the Customer from paying all unpaid charges, taxes, and fees due in relation to the agreement.
1.2 Promotional Terms. Services offered as promotions are offered under a promotional term which may vary by promotion but will be subject to early cancellation fees.
- Change of Services. Customer may add or remove different aspects of StratusIQ’s residential Services under the terms of this agreement. Additional fees will apply for change or cancellation of services offered under promotions prior to the end of the Promotional Term.
3.1 Service Deposit. Customer agrees to pay StratusIQ a service deposit determined by StratusIQ’s internal credit inquiry and guidelines. StratusIQ is not obligated to disclose the information returned from the credit inquiry or the internal guidelines which determine deposit amounts or whether deposits are required. Additional service deposits may be required if customer upgrades services beyond the initial Services activation to the Service Premises. If Customer meets StratusIQ’s standards for creditworthiness, and Customer pays each of Customer’s first six bills when due, then Customer’s service deposit will be credited to Customer’s account on the seventh bill. If any of Customer’s payments are not made by the dates due, or if any actions of Customer require StratusIQ to charge against Customer’s deposit, then Customer’s service deposit will be retained by StratusIQ.
Customer understands and agrees that failure to make payments by the due dates or termination of Services for any reason within six months of installation will result in StratusIQ retaining the service deposit. StratusIQ will credit the service deposit against unpaid service charges at its sole discretion, and the customer is still obligated to pay all unpaid equipment replacement charges, service charges, taxes and fees in relation to this Agreement.
3.2 Equipment Deposit. If Customer is leasing or using StratusIQ equipment for receiving the Services, Customer agrees to pay StratusIQ an equipment deposit determined by StratusIQ’s internal credit check and guidelines. StratusIQ is not obligated to disclose the information returned from the credit check or the internal guidelines which determine deposit amounts or whether deposits are required. Additional equipment deposits may be required if customer upgrades Services beyond the initial Services activation to the Service Premises. The equipment deposit will be retained by StratusIQ until all equipment is returned undamaged and with all external components including, but not limited to, remote controls, power cables, and cables for communicating to other devices.
Customer understands and agrees that failure to return all equipment undamaged for any reason will result in StratusIQ retaining the equipment deposit. StratusIQ will credit the equipment deposit against the equipment replacement charges for damaged or unreturned equipment at its sole discretion, and the customer is still obligated to pay all unpaid equipment replacement charges, service charges, taxes, and fees in relation to this Agreement.
- This Agreement shall automatically renew monthly unless Customer confirms deactivation with our customer service department during normal business hours, allows deactivation at the Services Premises and returns any equipment belonging to StratusIQ. StratusIQ reserves the right to suspend or discontinue providing all or portions of its residential services in general, or to terminate all or portions of the Customer’s Services, at any time in its sole discretion. If StratusIQ discontinues providing the Services, the Customer is responsible for pro-rated service charges accrued through the date that Services were deactivated at the Service Premises, and all unpaid equipment replacement charges, service charges, taxes, and fees, to include early termination fees for Promotional Services, in relation to this Agreement.
- Payment Terms. Customer agrees to pay all monthly fees and installation charges, including applicable franchise fees, taxes, customer service fees, late fees, collection fees, and Metro District Fees or HOA fees when they apply to receive StratusIQ services at the customer premises. Monthly fees will be billed one month in advance. If payment is not received by the due date, late fees and collection charges may be assessed, and the Services may be disconnected and a disconnect fee assessed. If StratusIQ must disconnect Customer Services due to non-payment, Customer will be required to pay a reconnect fee and all past due charges before Services are reconnected.
- For any inquiries, complaints or notices required under this Agreement, Customer should contact StratusIQ customer service department during normal business hours at 719-573-5343, or via email at email@example.com, or in writing at 555 Hathaway Drive, Colorado Springs, CO 80915.
- All equipment provided by StratusIQ to Customer for the reception of Services, including any cables used to connect the equipment to power sources or to connect to the Customer’s owned equipment, (“Equipment”), shall be and remain the sole property of StratusIQ. Customer agrees not to sell, loan, abuse, tamper with, repair, alter or damage the Equipment, and further agrees not to move, disturb, or change the location of any of the Equipment from the Service Premises. Any connection to, relocation of, or use of the Equipment or reception of Services except as allowed by this Agreement, is a violation of federal and/or state law, subject to fine or imprisonment or both, and StratusIQ has the right to impose liquidated damages in an amount equal to three times the normal service charge for the period of such unauthorized use together with all collection, court, and attorney’s fees incurred thereby. If Service premises are leased by Customer or are under the control of a Homeowner’s Association or other such entity (“HOA”), it is Customer’s sole responsibility to ensure that the placement of StratusIQ’s Equipment is within any guidelines set by Customer’s Landlord or HOA.
Relocation of Equipment, which shall be done only by StratusIQ personnel, shall be subject to a charge by StratusIQ. Upon termination of this Agreement, Customer agrees to return all Equipment to StratusIQ during normal business hours to end the service charges, or promptly grant StratusIQ all access necessary to remove the Equipment from the Service Premises. Failure by StratusIQ to remove the equipment shall not be deemed abandonment by StratusIQ. In the event that the Equipment supplied by StratusIQ is not returned to StratusIQ for any reason, whether due to Customer acts or accidents, theft, loss, fire, casualty or other causes beyond Customer’s control, Customers shall forfeit any deposit made and shall pay StratusIQ up to the replacement value of the equipment not returned and additional costs unreturned equipment including attorneys’ fees, cost of collection and court costs, as may result to StratusIQ. Customer further agrees to pay StratusIQ additional charges in the event the Equipment is repaired or replaced due to the Customer’s acts or omissions. By signing this Agreement Customer authorizes StratusIQ to charge replacement value or repair cost, as applicable, to any credit card or debit card number Customer provided to StratusIQ.
- StratusIQ Content Rights. StratusIQ has no obligation to monitor the content of the Services and expressly disclaims any responsibility for any offense or injury arising out of Customer’s access to or dissemination of such content. Customer agrees that StratusIQ has the right to monitor content electronically at any time and to disclose any information necessary to satisfy any law, regulation or governmental request to operate the Service properly, or to protect itself or its subscribers. StratusIQ reserves the rights to refuse to post and remove information or materials that, in its sole discretion, are unacceptable or in any way violate this Agreement.
- Customer Information. Customer expressly grants StratusIQ permission to disclose personally identifiable information relating to Customer or Customer’s account in response to (a) a subpoena issued in a civil or criminal investigation or litigation; (b) a civil investigative demand issued by a government entity; or (c) a court order.
- Service Call Policy. StratusIQ expressly reserves the right to institute fees for providing certain customer support services if, at its sole discretion, it determines such fees are warranted. A separate Service Call Policy is posted at StratusIQ.com with further details.
- StratusIQ Rights. Nothing contained herein shall be construed to limit StratusIQ’s rights and remedies available at law or in equity.
- Limited Warranty. ALL StratusIQ RESIDENTIAL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. StratusIQ DOES NOT WARRANT UNINTERRUPTED USE OF THE SERVICE OR THAT ANY DATA OR ANY FILES SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE TIME PERIOD. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED.
- StratusIQ Performance and Reliability Rights. StratusIQ reserves the right to manage its network for the greatest benefit of its subscribers including, but not limited to rate limiting, traffic prioritization, and protocol filtering. Customer expressly acknowledges and accepts that such action by StratusIQ may affect the Service performance. StratusIQ reserves the right to enforce limits on specific Services features, including, but not limited to, email storage and usage maximums.
- Maintenance and Repair. StratusIQ will always during the term of this Agreement keep the Service and systems that provide the Services in a good state of repair and maintenance subject to actions by others or circumstances beyond StratusIQ’s control, including but not limited to “Acts of God.” It may be necessary for StratusIQ to temporarily interrupt Service to repair or upgrade the systems and equipment that provide Services. If possible, StratusIQ will notify Customer prior to the interruption, and will conduct repairs or upgrades in a manner to minimize interruption of service and inconvenience to the Customer.
- Viruses and SPAM. StratusIQ does not represent, warrant or covenant that its email virus check service or SPAM prevention service will detect or correct any or all viruses and/or SPAM. Software or other content downloaded from the Services may contain viruses. It is Customer’s sole responsibility to take appropriate precautions to protect his/her computer from damage to software, files and data. Neither StratusIQ, nor any of their subcontractors, employees or agents, shall have any liability whatsoever for any damage to or loss or destruction of any software, files or data resulting from any virus, lock, key, bomb, worm, Trojan horse or other harmful feature.
- No Liability For:
17.1 Content. There may be some content on the Internet or Services which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. StratusIQ assumes no responsibility for the content contained on the Internet or otherwise available through the Services. All content accessed by Customer through the Services is accessed and used by Customer at Customer’s own risk, and StratusIQ, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings relating to access to such content by Customer. StratusIQ specifically disclaims any responsibility for the accuracy, quality and confidentiality of information obtained through the Service.
17.2 Confidential Information. Any sensitive or confidential information (such as credit card numbers or other financial information, medical information or trade secrets) sent by Customer is sent at Customer’s sole risk, and neither StratusIQ nor any of their subcontractors, employees or agents, shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or relating to such actions by Customer.
17.3 FTP/HTTP/Proxy/Gateway Server Setup. Customer is aware that when using the Service to access the Internet or any other online service, there are certain applications, such as FTP, HTTP, proxy, or gateway server applications, which may be used to allow other Service and Internet users to gain access to Customer’s computer. Neither StratusIQ, nor any of its respective agents, subcontractors, or employees, shall have any liability whatsoever for any claims, losses, actions, damages, proceedings or suits resulting from, arising or otherwise relating to the use of such applications by Customer, including, without limitation, damages resulting from others accessing Customer’s computer or from any loss of data maintained on the Network.
- Limitation of Liability. In no event will StratusIQ or any of its respective subcontractors, employees or agents, be liable to Customer or to any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly from the Customer’s use of the Services, including, without limitation, any damage resulting from Customer’s reliance on or use of the Services, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmission, or any failure of performance of the Services. These limitations apply to the acts, omissions, negligence and gross negligence of StratusIQ, and each of its employees and agents. Customer’s sole and exclusive remedies under this Agreement are expressly set out in this Agreement.
- Multiple Users. Customer is executing this Agreement on behalf of all persons who use the Services at the Service Premises. Customer is solely responsible for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. Customer agrees that he/she is solely responsible and liable for all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the Services and/or Equipment by Customer or by any other user of the Services at the Customer’s Service Premises.
- Right of Access.Customer hereby grants to StratusIQ the exclusive right, so long as StratusIQ holds all necessary authority to provide Services to the Service Premises, to enter upon and over the Service Premises at any time (avoiding any action that would adversely affect the rights of tenants) to install, connect, disconnect, inspect or acquire the Equipment for providing, maintaining or disconnecting Services. If Customer is not the owner of the Service Premises, Customer agrees to indemnify and hold StratusIQ harmless from all claims arising by or through the owner because of StratusIQ’s performance under this Agreement.
- Governing Law. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of Colorado. Venue for any legal action concerning this Agreement shall be in the county in which the Service Premises is located. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- This Agreement is the entire agreement and understanding between the parties with respect to the subject matter herein and supersedes all prior written or verbal agreements. If any portion of this Agreement is held unenforceable, that portion shall be construed to reflect the Parties’ original intentions. The remaining provisions shall remain in full force and effect. StratusIQ’s failure to insist upon or enforce strict performance of any provision shall not constitute a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision herein. This Agreement may not be assigned or transferred by Customer but is freely assignable by StratusIQ to third parties.
- Changes to this Agreement. StratusIQ may change the terms and conditions of this Agreement from time to time. Such changes will become binding on Customer, on the date posted to the StratusIQ Website and no further notice by StratusIQ is required. If Customer does not agree to any such modification, Customer must immediately stop using the Services and notify StratusIQ that the customer is terminating this Agreement and discontinuing Services. This Agreement supersedes all previously agreed to electronic and written terms of service, including without limitation any terms provided to the customer at the time Services were activated.