As a user of RobinsonHSS (hereinafter referred to as RobinsonHSS), you acknowledge that you are at least 18 years of age (or have the permission of a parent or legal guardian to use this service) and agree to comply with RobinsonHSS's policies. It is important that you understand that information on the Internet may not be edited or censored, and some of its parts may be offensive to you. You access this information at your own risk. RobinsonHSS does not censor the Internet and has no control over the data transmitted to you. RobinsonHSS reserves the right to deny service to anyone. As a user of RobinsonHSS, you agree not to use the service in violation of local, state, or federal laws. Additionally, you agree not to use the Internet to make abusive, profane, defamatory, libelous, threatening, or otherwise harassing posts.
This statement of terms of use and privacy policy sets forth the guidelines to ensure a safe and respectful environment for all users of RobinsonHSS. We urge you to read these terms carefully and understand them before using our services.
BANDWIDTH:
RobinsonHSS' s service commitment is to provide an average of eighty percent (80%) of the rated bandwidth, as verified by our RobinsonHSS network bandwidth monitoring device, with burst capability to a maximum of the rated bandwidth. For example, for a 10 Mbps RobinsonHSS access service, an eighty percent (80%) commitment level would result in an average bandwidth of 8 Mbps, with a burst capability of up to 10 Mbps.
NETWORK AVAILABILITY:
Under our high standards, RobinsonHSS is committed to network availability of 99.9% for any link.
CREDITS FOR NETWORK OUTAGES:
RobinsonHSS will provide credits for documented RobinsonHSS network outages resulting in the loss of network use for subscribers who request it in the following cases:
Outages of 30 minutes or more within a 24-hour period in which a subscriber requests a credit, RobinsonHSS will provide a credit for one (1) day of Robinson HSS access service fee.
Pre-announced network maintenance.
Outages caused by the subscriber, including loss of power to the Customer Premises Equipment (CPE), LAN issues resulting in loss of connectivity to RobinsonHSS, movement of the CPE, changes to the subscriber's premises wiring, changes in IP addresses, or Internet issues beyond RobinsonHSS's immediate control, including, among others, force majeure cases specified in this contract. Service is considered active and operational if a RobinsonHSS technician can ping the CPE or customer's router.
LATE PAYMENT CHARGES:
In accordance with the contractual terms set forth by RobinsonHSS, users are hereby notified that in the event of a delay in the payment for services rendered, an automatic late fee of (USD $20) will be imposed. This late fee will be added to the total outstanding balance and reflected in the subsequent billing cycle's invoice.
AUTOMATIC DISCONNECTION FOR NON-PAYMENT:
In instances where payment remains outstanding beyond the grace period stipulated in the service contract, RobinsonHSS reserves the right to automatically deactivate or suspend the service without prior notice, in accordance with the company's internal policies and in compliance with applicable regulations.
24-HOUR CONNECTION EXTENSION OPTION:
Recognizing unforeseen circumstances and committed to customer satisfaction, RobinsonHSS offers a one-time 24-hour connection extension following service disconnection due to non-payment. This provision is an extraordinary allowance, available only once per customer, intended to provide an additional period for the regularization of overdue payments.
Please note that activation of the connection extension does not waive the aforementioned late fee, which will remain applicable and be included in the next issued invoice.
NO CHARGE FOR SERVICE RECONNECTION:
RobinsonHSS will not impose additional charges for service reconnection once the client has regularized outstanding payments, including the late fee. Reconnection of service will be carried out following established internal procedures and subject to the full regularization of the client's account.
RIGHT OF TERMINATION:
The customer has the right to request termination of services without any penalty or other charges, solely if services are not delivered as requested or if RobinsonHSS cannot maintain a substantial service level agreement (SLA) for the service(s) at the customer's location.
The customer can request a copy of the SLA for current services by opening a new support ticket from the customer portal at any time.
RobinsonHSS will retrieve equipment installed at the customer's premises after termination of services; installation charges will not be refunded. If services are terminated before the contract end date due to RobinsonHSS's inability to maintain a standard SLA, the customer will not be charged for the remaining time on the contract.
In the event the customer moves, and RobinsonHSS and its agents cannot provide service at the customer's new location, the Agreement will be terminated, and early termination fees will not apply.
SERVICE RELOCATION:
In the event the customer relocates during the term of this Agreement and wishes to move the service, a relocation request must be submitted to RobinsonHSS as soon as possible. This request should include the requested date for service termination, the address and phone number of the new location if possible, and the anticipated moving date. Once we receive this request in writing or by email, RobinsonHSS will proceed to initiate a "relocation order" for the new location.
Existing service can be maintained at the old address until it is fully established at the new address. All applicable installation charges will be billed at the new address. After service has been established at the new address, the customer may choose to keep service at the old address for a period of up to 30 days for a seamless transition. During any period in which both services are active simultaneously, the customer will be billed for both services. If service at the old address is not canceled within 30 days after the new service is delivered, they will be considered separate orders.
ILLEGAL USE:
Any services on a RobinsonHSS Internet Connection must conform to local, state, and federal ordinances. RobinsonHSS does not allow access to any P2P file sharing, or any other type of file sharing on our systems.
The subscriber assumes all risks associated with copyright restrictions, trademark restrictions, confidentiality limitations, trade secrets, patent restrictions, or any other intellectual property, tangible or intangible rights associated with all electronic content that is downloaded or uploaded using RobinsonHSS's services. RobinsonHSS reserves the right to exclude video over IP and voice over IP services for its own use and may, at its discretion, grant or not grant exclusive licenses for an additional fee to any user wishing to use or provide live or recorded video or voice over IP telephone services over its network. Any activity that violates the above items, degrades, or impacts RobinsonHSS's network is grounds for immediate suspension or termination of RobinsonHSS services at RobinsonHSS's sole discretion. This will also be deemed a breach of contract, and the subscriber will be charged the remaining months of the service agreement.
EQUIPMENT AND RETURNS:
The equipment provided by RobinsonHSS to ensure customer connectivity, including but not limited to routers and access devices, must be returned in good, working condition at the end of the contract or when the customer cancels the service. If equipment is not returned or is returned in unacceptable condition, a charge based on the Manufacturer's Suggested Retail Price (MSRP) of the equipment will be applied to the customer's account.
EXCESSIVE USE OR SERVICE ABUSE:
RobinsonHSS reserves the right to suspend or terminate service, in whole or in part, without prior notice if it is determined that a customer is using the service excessively or abusively. This includes, but is not limited to, activities that significantly deplete network resources, such as excessive bandwidth use, massive traffic generation, the use of programs or devices that negatively impact other users, or violations of RobinsonHSS's terms of use and policies.
In the event of service interruption due to excessive use or abuse, RobinsonHSS will strive to notify the affected customer and provide guidance on mitigating the impact on their service. Service restoration will be subject to correcting the activity that caused the interruption and meeting any reinstatement terms and conditions that RobinsonHSS may establish.
TECHNICAL SUPPORT:
RobinsonHSS assumes that the user has a basic knowledge of their computer. RobinsonHSS will not provide training in basic computer skills, such as deleting files or creating directories. Technical support aims to facilitate the setup of your computer system for proper operation to access our services. Our technical support staff is not trained and will not provide assistance for installing or troubleshooting software, printers, drivers, modems, or phone lines.
RESALE:
The subscriber is expressly prohibited from reselling any service provided under this contract. The subscriber is prohibited from hosting any website dedicated to the sale or dissemination of illegal goods or services. The use of these services in connection with any matter or thing that violates any municipal, state, county, or federal law or ordinance is prohibited, and the subscriber shall indemnify and hold RobinsonHSS, its directors, shareholders, agents, and employees harmless from any claim, liability, damage, or expense, including attorney's fees, arising from the subscriber's use of the services provided herein.
SPAMMING:
The distribution of unsolicited emails is against federal and state laws and may result in the termination of your account without notice.
MAINTENANCE:
Maintenance, repair, or replacement of damaged or lost parts due to catastrophes, accidents, lightning, negligence, misuse, transportation, theft, failures, or subscriber negligence, or causes external to the wireless system, including but not limited to power failures, operator errors, or malfunctioning of subscriber computer equipment and peripherals not installed by RobinsonHSS, or any cause related or unrelated to ordinary and intended use.
Resetting or relocating antennas due to obstructions such as trees, vegetation, or buildings, or storm-related damage. Any antenna resetting or relocation, or tower or mast reconstruction, will be billed to the subscriber at standard hourly rates.
FORCE MAJURE:
In no event will RobinsonHSS or its officers or third-party contracted providers (collectively, "provider") be liable to the customer for delays in the performance of services under this contract or for any failure in the performance of this contract if such delays or failures are due to strikes, adverse weather conditions, acts of God, or other causes beyond the reasonable control of the provider.
The provider will not be responsible for the performance of its obligations under this contract if it is delayed or prevented due to war, riots, embargoes, strikes, or other acts of its suppliers and providers, hidden acts of workers (whether of the provider or others), or accidents. If such a situation continues for more than 30 days, the provider or the customer may cancel the service for the affected services and/or products without further liability. In no event will the provider be liable for indirect, incidental, or consequential damages based on breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. Such damages include, but are not limited to, loss of profits, indemnification, loss of savings or revenue, the cost of any replacement equipment, facilities, or services, downtime, third-party claims, and property damage.
Any claim or legal action arising from the breach, malfunction, or defect in the provider's services or goods, or arising from this contract in any respect, must be filed within one year from the occurrence of such a claim, or such a claim will be deemed waived. The provider's liability to the subscriber under this contract, if any, in no event will exceed the total amount the customer has paid to the provider under this contract. The provider does not make, and hereby disclaims, all express and implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title, and any warranties arising from a course of dealing, usage, or trade practice. The provider does not warrant that its service will operate at a particular speed, be uninterrupted, error-free, or entirely secure.
Choice of Law and Jurisdiction:
You and RobinsonHSS agree that the law of the State of California, USA, will apply to all matters related to this Agreement and to RobinsonHSS. Furthermore, you and RobinsonHSS agree and consent that the courts of Alameda County, California, USA, will have exclusive jurisdiction and be the exclusive venue for any legal actions related to this Agreement or the services provided under it.
The user agrees to defend, indemnify, and hold harmless RobinsonHSS, its officers, directors, employees, agents, and licensees from any claims and expenses, including reasonable attorney's fees, arising out of or related to the member's use of RobinsonHSS's service.
In the event that the User breaches the contract, the User agrees to pay all collection costs, court costs, and any other applicable attorney fees incurred to collect any unpaid outstanding balance on the User's account and/or breach of contract by the User.
The User understands that this agreement is transferable by RobinsonHSS. If any part of this agreement is unacceptable to you, you must immediately terminate your membership with RobinsonHSS.
No Waiver: The fact that RobinsonHSS does not enforce the rules and guidelines set out in this Agreement, for any reason, will not be construed as a waiver of any right to do so at any later time.
Consistent with Applicable Law:
If any term or provision of this Agreement is held to be invalid or unenforceable, that term or provision will be interpreted and enforced in any way that is consistent with applicable law as nearly as possible, and the remaining terms and provisions will remain in full force and effect.
This amendment ensures that RobinsonHSS can enforce its rules and guidelines in the future, even if it has not enforced them in the past, and that all provisions of this Agreement will remain valid to the extent permitted by law.