Data Truck LLC
Terms & Conditions of Service
September 27, 2021
This is an agreement between Data Truck LLC ("Data Truck") and customer ("you") to provide Internet service ("Service"). By establishing an account, using the Service or equipment or indicating agreement through the software or website, you agree to be bound by this Agreement and to use the Service in compliance with this Agreement and Data Truck Acceptable Use Policy located at http://www.datatruck.com/aup.
The term of this Agreement begins on the day of installation of Service (for Pro-Installed / Pro2-Installed service) or on the day you receive the self-install equipment (for Self-Install / WiMAX service). The term will continue on a month-to-month basis, beginning on the first day of each month, at which time you will be billed for the current month. (example: January 1st billing for service January 1 - January 31). Billing will continue each month until service is cancelled, regardless of usage. Billing will not automatically be cancelled due to lack of usage or disconnection of equipment. You must notify us if you wish to discontinue service (see Cancellation below). Data Truck reserves the right to change the price of the Service at any time, but will attempt to notify you at least 30 days in advance of any change.
3. THE SERVICE
Data Truck will provide equipment necessary to receive the Service, ownership of which is retained by Data Truck unless otherwise specified. This equipment includes (but is not limited to):
Service may be cancelled at any time. You must contact us at least 30 days in advance to initiate cancellation of Service, either in writing, by telephone, or in person. Please provide the reason for cancellation. Cancellation will be effective at the end of the billing cycle after the notice of cancellation is received and processed. (example: If cancellation notice is received March 15th, service will be cancelled April 15th, cancellation will be effective April 30th and billing will end at that time). Any past-due amount must be paid BEFORE cancellation will be accepted.
Upon cancellation, email service will be terminated and all files stored on Data Truck servers will be deleted. All equipment provided by Data Truck must be returned at the time of cancellation or you will be billed for the cost of the equipment.
Data Truck may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if Data Truck, in its sole discretion, believes you have violated this Agreement (www.datatruck.com/terms), our Acceptable Use Policy (www.datatruck.com/aup) or if you fail to pay any charges when due.
You will be charged a one-time installation fee at the time of installation (Pro-Installed / Pro2-Installed service only), and a monthly charge as defined in our current pricing list. Data Truck may charge you for taxes and other applicable fees. You are responsible for all charges to your account. Payment is due on or before the due date specified on your invoice (typically the 15th day of the month). Any past-due balance on your account is subject to a late fee (typically 3%). Your service may be suspended or cancelled at Data Truck's sole discretion if payment is delinquent; regular monthly charges will continue to be charged to your account until your service has been properly cancelled (see section 4. Cancellation). Data Truck may also charge a reactivation fee to reactivate a suspended account.
6. YOUR ACCOUNT, PASSWORD, AND SECURITY
Upon registration you may receive a username, password, WiFi password, and/or other private account information. You must keep this information confidential so that no other parties may access the Service assigned to you. You must notify Data Truck immediately upon discovering any unauthorized use of your account. Data Truck technical support may be limited to Data Truck-provided services, software and/or unmodified hardware. E-mail accounts exceeding the allocated storage may be suspended until you reduce the size of the mail being stored. Data Truck reserves the right to change limits at any time pursuant to its business purposes.
(applies to Pro-Installed and Pro2-Installed Service)
The installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all of your existing computer files and data. Data Truck and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation of an internal card (such as a Network Interface Card).
You acknowledge that this is a fixed-location service. Moving to another location will require the Service to be re-provisioned at the new location. This may result in substantial interruption of the Service and will result in fees associated with cancellation and setting up a new account. Early termination charges will apply even if the cancellation is for reasons of a move to another location. You are responsible for all inside wiring repair necessary to install the Service.
DATA TRUCK DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICE, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, DATA TRUCK SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION. THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.
Data Truck will make its best effort to provide the Service. Because of the complex nature of broadband services, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, Data Truck may cancel the installation process and refund any money that you have paid. Data Truck will notify you of its intent to cancel as soon as reasonably possible. It may take 30, 60, 90 or more days to determine if Data Truck is able to provide service. Data Truck shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.
9. MONITORING THE SERVICE