OCOSA COMMUNICATION, LLC TERMS AND CONDITIONS

Definitions

• “Subscriber” shall mean the person or entity that subscribes to OCOSA Hosting Services, OCOSA DSL Services, OCOSA Broadband, OCOSA Broadband Services, and/or purchases or leases Equipment subject to this Agreement.
• This "Agreement" includes these Terms and Conditions and Subscriber Service Agreement or Service Order. 
• “OCOSA” or “Provider” referred to as OCOSA Communication, LLC, its subsidiaries and affiliates, as well as any other person or entity doing business as OCOSA and providing Communication Services or Equipment to Subscriber.
• “Communication Service(s)” or “Service(s)” refer to any services Subscriber has asked Provider to provide to Subscriber through this Agreement.
• “Equipment” means any communications equipment or accessories Subscriber purchases or leases from Provider or use in any manner in connection with Subscriber Services.
• “Service Agreement” or “Service Order” means the form (whether paper or electronic) on which Subscriber applies for Services and includes certain additional Terms and Conditions for Subscriber Services.  
• "Terms and Conditions" include the following provisions as maintained at www.ocosa.com and the provisions in Subscriber Service Agreement or Service Order that set forth the manner in which Provider provide Equipment and Service to Subscriber, such as the length of time Subscriber will subscribe to a Service, rate plans, access charges, fees, taxes and surcharges, and the Equipment Subscriber have selected.
• “Early Termination Fee” (ETF) shall mean the early cancellation or termination before Subscriber’s agreed length of term has ended.

Acceptance

Subscriber accepts this Agreement when Subscriber does any of the following: (a) give Provider Subscriber written or electronic signature, (b) tell Provider orally or electronically that Subscriber accept, or (c) use or attempt to use any of the Equipment or Services. If Subscriber have never used the Services before and do not wish to be bound by these Terms and Conditions, do not begin using the Services or Equipment and notify Provider immediately.

Term

• 12 Month Term. Subscriber agrees to subscribe to the Services for the length of time identified on the Service Agreement or Service Order. The Services Subscriber receives after the end of the term will be provided on a month-to-month basis, unless renewed for a successive twelve (12) Month Term.
• 24 Month Term. Subscriber agrees to subscribe to the Services for the length of time identified on the Service Agreement or Service Order. The Services Subscriber receives after the end of the term will be provided on a month-to-month basis, unless renewed for a successive twenty-four (24) Month Term.
• Month-to-Month Term. If no length of time is identified on the Service Agreement or Service Order, then the term is month-to-month.

Termination by Subscriber

• 12 Month Term. If Subscriber subscribes to a Service for a twelve (12) month term and Subscriber terminates that Service before the expiration of the fixed term then Subscriber will be required to pay us an Early Termination Fee as specified on Subscriber Service Agreement or Service Order.  If there is no Early Termination Fee specified on Subscriber Service Agreement or Service Order, then Subscriber will be required to pay $200.00USD per DSL line, remainder of the term for Hosting Services for any early cancellation.  In addition, Subscriber remains liable for payment of all outstanding charges for all Services Subscriber used and Equipment Subscriber purchased from Provider prior to termination.
• 24 Month Term. If Subscriber subscribes to a Service for a twenty-four (24) month term and Subscriber terminates that Service before the expiration of the fixed term then Subscriber will be required to pay us an Early Termination Fee as specified on Subscriber Service Agreement or Service Order.  If there is no Early Termination Fee specified on Subscriber Service Agreement or Service Order, then Subscriber will be required to pay $200.00USD per DSL line, remainder of term for Hosting Services for any early cancellation.  In addition, Subscriber remains liable for payment of all outstanding charges for all Services Subscriber used and Equipment Subscriber purchased from Provider prior to termination.
• Month-to-Month Term.  Subscriber may terminate a Service to which Subscriber subscribe on a month-to-month basis at any time by notifying Provider.  Subscriber remains liable for payment of all outstanding charges for all Services Subscriber used and Equipment Subscriber purchased from Provider prior to termination.
• Change in Location.  A change in Subscriber service address or the location to which any Service is provided to Subscriber may constitute, at our sole discretion, termination of the Services or an increase in the monthly recurring or non-recurring charge Subscriber must pay for the Services.

Termination by Provider

Provider may limit, interrupt, terminate or refuse to provide a Service for the following reasons, or at our sole discretion: (a) if Subscriber does not honor any provision of these Terms and Conditions (including payment obligations), (b) if Subscriber use a Service in a manner that adversely affects Service to other Subscribers or harasses our Subscribers, our employees, or others, (c) if Subscriber or others use a Service to engage in fraud or unlawful conduct or are suspected of doing so, (d) if Subscriber modifies Subscriber service, Equipment or any software residing thereon from the original manufacturer specifications, including for the purpose of accessing non-OCOSA services, (e) if Subscriber’s Service is used in a manner that is excessive or unreasonable with respect limits on service. Subscriber may not resell any Service without prior written permission or resale agreement made and agreed by Subscriber and Provider. (f) if Subscriber is involved in said illegal activity that includes but not limited to File Sharing, Copy Right infringement activities, any other unlawful acts.  Provider may restore such interrupted or terminated Service, in our sole discretion, following Subscriber correction of the violation and payment of any amounts due, including any restoration charge Provider assess for restoring Subscriber Service.

Charges for Services and Equipment

Subscriber is responsible for paying all charges applicable to Subscriber Equipment and Service.  In addition, Subscriber is responsible for paying any taxes, surcharges, fees, and assessments imposed by Provider or a governmental authority from time to time in connection with the Services or the Equipment.

Billing Information Provided by Subscriber

To determine whether certain taxes, fees and surcharges are applicable to Service provided to Subscriber, Provider is required by federal law to obtain Subscriber street address, which must be within Provider’s service area.  Subscriber represent and warrant that the address Subscriber provide Provider to obtain Service is correct, and Subscriber acknowledge that Provider is relying on this information to determine which taxes, fees or surcharges are applicable to Subscriber Service.  Subscriber agrees to notify Provider if Subscriber address changes. In the event Subscriber does not provide Provider with a valid address or address change, Subscriber understands and agrees that Subscriber may be responsible for additional taxes, fees or surcharges for Subscriber Service, and Provider may terminate Subscriber Service.

Payments

Provider will bill Subscriber monthly for all charges associated with the Services, and we will invoice Subscriber for all charges associated with Equipment. Payment in full is due no later than the due date indicated on Subscriber's bill.  If Subscriber have authorized payment for Services or Equipment by credit card or by debiting a bank account, no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due Provider for any reason.  Provider may accept late payments, partial payments or any payments marked as being “payment in full” or as being settlement of any dispute without losing any of our rights under this Agreement. Provider agree to pay costs and fees Provider incur to collect an unpaid balance from Subscriber.

Credits and Deposits

Subscriber authorizes Provider to ask credit-reporting agencies for credit information about Subscriber.  Provider may, in our discretion, require Subscriber to submit a deposit as security for payment of charges.  An additional deposit may be required if either the amount or number of Services is increased or Subscriber credit rating changes.  Simple interest may be paid on the cash deposit for the period it is held by Provider and will be refunded if satisfactory credit has been established or upon termination of service.  Provider reserves the right to apply the deposit to any amount due and unpaid. If deposit is applied to any amount due Provider interest will not be paid.  Provider may require a guarantee of payment by an individual or entity approved by Provider.

Internet

If Subscriber uses any of the Services to access the Internet, Subscriber agrees to abide by our Acceptable Use Policy, available via a link on the OCOSA web site (www.ocosa.com), and by any other policies posted there.  The Acceptable Use Policy generally provides that Subscriber may not use our Internet access Service to (1) engage in illegal activity, (2) violate the network policies of any network accessed through our Service or (3) engage in any activity that interferes with other Internet users’ use and enjoyment of the Internet or our Service. The Acceptable Use Policy may change periodically, and it is Subscriber responsibility to review it from time to time and comply with any changes.

Services Provided by Third Parties

The Services will be provided either by Provider or by our third party vendors or contractors. Provider reserves the right to change or modify the source of any Services provided to Subscriber without notice.

Privacy and Customer Proprietary Network Information

Subscriber authorizes Provider to monitor and record communications to Provider regarding Subscriber account or the Services for purposes of quality assurance.  Provider will not give Subscriber notice of any subpoenas or court orders related to Subscriber’s account or use of Services unless required by law.  Information in our billing and customer care systems concerning Subscriber account and Subscriber use of Services belongs to Provider, and Subscriber has no expectation of privacy with respect to such information. Subscriber agrees that Provider may release information Provider have about Subscriber when required to do so by law, to provide to third parties solely for the purpose of assisting us in providing any Service to Subscriber, or if Provider reasonably believe that an emergency involving immediate harm to a person or property requires disclosure.  Provider may analyze Subscriber account and usage information and share this information with other OCOSA entities to communicate with Subscriber regarding Equipment or Services that may become available to Subscriber. If Subscriber does not want Provider to provide Subscriber information to other OCOSA entities for this purpose, please notify us.

Theft and Fraud

If Subscriber Service or Equipment is lost or stolen or fraudulently used, then Subscriber is responsible for all usage incurred before Provider receives notice from Subscriber of such loss or theft.  Subscriber agrees to cooperate in the investigation of fraud or theft and to provide Provider with such information and documentation as Provider may request (including affidavits and police reports).

LIMITATION OF LIABILITY

IN THE EVENT PROVIDER IS FOUND TO BE RESPONSIBLE TO SUBSCRIBER FOR DAMAGES IN ANY WAY RELATING TO THE SERVICES OR EQUIPMENT, SUBSCRIBER AGREES THAT PROVIDER’S LIABILITY TO SUBSCRIBER WILL NOT EXCEED SUBSCRIBER PRO-RATED MONTHLY RECURRING CHARGE FOR SERVICES DURING THE PERIOD IN WHICH SUBSCRIBER INCUR SUCH DAMAGES. PROVIDER IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICES, OR ATTORNEYS’ FEES.

DISCLAIMER OF WARRANTIES AND FORCE MAJURE

PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES OR EQUIPMENT SUBCRIBER RECEIVE FROM PROVIDER, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDER IS NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND PROVIDER’S CONTROL, INCLUDING WITHOUT LIMITATION ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF GOD. PROVIDER DOES NOT PROMISE UNINTERRUPTED OR ERROR FREE SERVICE. PROVIDER MAY NOT MANUFACTURE ANY EQUIPMENT OR SOFTWARE THAT SUBSCRIBER MAY USE IN CONNECTION WITH SUBSCRIBER SERVICE, AND SUBSCRIBER ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER (WITH RESPECT TO WHICH WE HAVE NO LIABILITY WHATSOEVER).

About these Terms and Conditions

• Record Retention. Subscriber acknowledge and agrees that (i) OCOSA will not maintain a paper copy of Subscriber Agreement, (ii) OCOSA will maintain Subscriber rate plan and feature information electronically, and (iii) OCOSA will maintain its copy of the Terms and Conditions at www.ocosa.com. If Subscriber loses Subscriber copy of the Terms and Conditions, Subscriber may retrieve the then current electronic copy from www.ocosa.com at any time.
• Changes. Provider may change these Terms and Conditions, including any change in any charge or fee, or the imposition of a new charge or fee, at any time if Provider gives Subscriber notice in advance of the change.  If Provider makes a change to these Terms and Conditions that is material and Subscriber do not wish to accept such material change, Subscriber may terminate Subscriber Agreement for the affected Service by giving us notice within thirty (30) days, in which case Subscriber will not be subject to an Early Termination Fee. Subscriber will, however, still be responsible for all charges for Services and Equipment made before Subscriber terminated Subscriber Agreement for that Service.  A material change is only a change that (a) terminates or substantially reduces the availability of a Service for Subscriber or (b) results in the increase of any charge by more than ten percent (10%) of the monthly access charge for that Service.  Material changes in Subscriber Service do not include the increase in, or imposition of: (1) any charge required to be collected by any governmental authority, or (2) any charge permitted to be collected by any governmental authority to recoup our expense for the provision of a service required by that governmental authority.

Applicable Law

Subscriber Agreement and OCOSA’s provision of Services to Subscriber is subject to (a) the laws of the state identified in the billing address that Subscriber has provided Provider and (b) any applicable federal or state laws. In the event of an inconsistency between any governmental requirement and this Agreement regarding the provision of a Service that is subject to the governmental requirement, the provisions of the governmental requirement will apply to the extent necessary to avoid the inconsistency.

Assignment

Provider may assign this Agreement to another entity without any advance consent from or notice to Subscriber. Subscriber may not assign this Agreement without Provider’s consent.

No Waiver; Severability

If Provider does not enforce any right or remedy available under this Agreement, that failure is not a waiver. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.

THIRD PARTIES

This Agreement is for the benefit of Subscriber and Provider, and not any third party.

Entire Agreement

This Agreement, including its Terms and Conditions and Subscriber Service Order, is the entire Agreement between Subscriber and Provider, which may only be amended as described above. This Agreement supersedes any and all statements or promises made to Subscriber by any of Provider’s employees or agents.

Privacy Policy