Wireless Internet Service
The City's Wireless Internet Service is provided to your business or residence via radio waves at high speeds up to 10 times faster than dial-up service. This service, provided by the City of Vandalia, is always on, always available, and operates through line-of-sight technology within the 2.4 ghz and 900 mhz ranges. A small exterior antenna at your location and Ethernet card in your computer are in constant communication with the internet at one of our access points whenever your computer is on. There is no need for a phone line with this service.
TYPE
|
SPEED
|
PRICE (month)
|
INSTALLATION FEE
|
Level I
|
256 down / 64 up
|
39.95
|
40.00
|
Level II
|
512 down / 128 up
|
49.95
|
50.00
|
Level III
|
512 down / 256 up
|
59.95
|
60.00
|
There is an additional 15% charge for outside City limits.
18 month minimum contract required. After completion of the initial contract a discount of $10 per month will apply.
Any installation requirements in excess of standard installation will result in additional charges. No additional charges will be incurred without your consent.
What you will need to do:
Fill out a Wireless Internet Service Application Form & related paperwork at City Hall.Pay the required deposit.
Make sure you have a working Ethernet (network) card in your computer.
Make sure the following are installed & up-to-date on your computer(s) before installation:
Anti-virus softwareFirewall protection
Spyware detection & removal software
All Windows updates
Be present during installation.
What's Included:
Unlimited Usage Wireless Internet Access
E-mail Accounts (username@vandaliamo.net)
Up to 5 e-mail accounts - 5 mb each
Webmail
Virus scanning (at the server level) of incoming & outgoing e-mails
Spam filtering to reduce unwanted bulk (junk) e-mail
(after initial signup, you will be given a printout or an e-mail with your settings)
Free Personal Website Space - 10 mb of space per username
24-hour 7-day a week toll-free support hotline (1-888-256-8310)
News Service
Billing for the wireless internet service will be added to your city utility bill for your convenience.
The customer is responsible for his/her own firewall & virus protection.
As of August 10, 2004, all new customers will be required to sign an 18 month agreement.
Wireless Terms of Service Agreement
April 18, 2003(Amended August 10, 2004)VANDALIAMO.NET WIRELESS INTERNET SERVICE
TERMS OF SERVICE AGREEMENT & ACCEPTABLE USE POLICY
THIS AGREEMENT is made and entered into by and between the person or entity who makes use of City's Internet services and/or products ("Customer") and the City of Vandalia ("City") and is subject to acceptance by City. Customer's acceptance is limited to the terms and conditions of this offer. No additions or modifications by Customer are acceptable unless and until expressly accepted by City in writing.
1.0 Provision of Service. City agrees to provide and Customer agrees to accept Internet Service (all Internet related services provided by City offered herein and hereinafter described as "Service" or "Internet Service") at the applicable rates and charges, subject to the terms and conditions specified in this Agreement.
1.1 City shall provide Customer with a unique user name(s) and identify internet protocol numbers (IP) which Customer may use to connect with City's Internet Service. Customer shall have no proprietary rights to the IP number(s) provided to it by City. City reserves the right to assign, designate or change access IP numbers, in its sole discretion, such assignment, designation or change is reasonable or necessary in the conduct of its business.
1.2 City reserves the right, in its sole discretion, to revise the rates, terms and conditions of its agreement with Customer, at any time. Customer acknowledges that its use of the Internet Service is expressly subject to this Terms of Service Agreement, as the same may be amended and recognizes that it is Customer's duty to check the City's website from time to time to keep well informed of any changes in this Agreement. Customer agrees to pay for Internet Service pursuant to any revised rates, provided Customer has received at least thirty (30) days' written notice of any adjustment in rates (such notice may be provided by e-Mail) unless Customer terminates this Agreement in accordance with the terms and conditions hereof.
1.3- Internet Service is subject to transmission limitations caused by atmospheric, topographical and other like conditions. Additionally, Service may be temporarily refused, limited, interrupted or curtailed due to governmental regulations, actions or orders, system capacity limitations, limitations imposed by an underlying communications carrier, or because of equipment modifications, upgrades, repairs or reallocations or similar activities necessary or proper for the operation or improvement of City's Internet System.
2.0- Use of Service and Equipment. City's Internet Service and equipment are furnished for use by Customer for any lawful purpose.
2.1- Customer agrees it will use the City's Internet Service for lawful purposes only, and will not post on or transmit through the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, or hateful material of any kind, including but not limited to any material which encourages conduct or would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Further, Customer agrees not to use the service in contravention of any applicable state or federal copyright, trademark or other intellectual property laws in a manner which may infringe the rights of individuals, corporations or other entities and result in civil or criminal liability for the perpetrator. If City receives notification from any third party regarding the suitability of Customer's use or the content of any material transmitted by Customer, City may at its sole discretion, delete Customer's content from the Service and/or terminate service to Customer.
2.2- Customer agrees not to use the Internet Service for the transmission of any chain letters or pyramid schemes of any kind, dissemination of any e-mail messages in broad based mailing (that is, a single message sent through the service directly to more than fifty (50) e-mail addresses simultaneously), forge e-mail headers, or take any action that would disguise the origin of e-mail the Customer transmits or any other way interfere with any other person's use and enjoyment of the service or any online service. Violation of this policy may result in immediate termination of Customer's account, and subject the Customer to other damage claims or other legal remedies. Additionally, any complaints received from our subscribers or non-subscribers of unsolicited materials may result in a charge of $150.00 per complaint charged to the offending subscribers account automatically.
2.3- Customer is responsible for obtaining, providing and maintaining all hardware and software necessary to connect to the System.
2.4 - Customer warrants that Customer is at least eighteen (18) years of age. City cannot and does not control the content of information available over the Internet. For this reason, Customer certifies that he/she is at least 18 years of age or, if the Customer is a parent or guardian, he/she assumes all responsibility for supervising the on-line activities of the underage user. Any information garnered through the Service is done so at your own risk.
2.5- Customer agrees to use City Internet Service for lawful purposes only. The Customer will not post or transmit any material, through City's Internet Service, which violates or infringes upon the rights of other users. This includes, but is not limited to: threatening, abusive, defamatory, vulgar or obscene language, any action which threatens public or private rights or which is considered objectionable, any action which encourages a criminal offense, any action which gives rise to civil liability or violates any law. Attempts to gain unauthorized access to outside computer systems are expressly prohibited. Users agree to abide by any and all rues of the network they access through. The Customer agrees to defend and hold harmless City's Internet Service, its directors, officers, employees, agents or affiliates for all damages and claims that might arise from the subscribers use or misuse of the service, which damages or otherwise harms either the subscriber, City's Internet Service or a third party.
2.6- Any Customer attempting to attack City equipment or service in any way will be billed at $250.00 per hour, with a minimum billable time period of 1 hour, to track the offending subscriber and repair any damage they may have caused.
2.7- City will fully cooperate with law enforcement if a criminal violation is suspected.
3.0- Customer Service Requests in Writing. Applications or notices, including those pertaining to any changes or discontinuance of Service, will be accepted from Customer only if in writing and received by City via facsimile transmission or by U.S. mail.
4.0- Limitation of City's Liability.
4.1- CUSTOMER UNDERSTANDS AND AGREES THAT:
4.1.1- ALTERNATIVE AND COMPETING INTERNET COMMUNICATIONS SERVICES ARE AVAILABLE TO CUSTOMER;
4.1.2- OCCASIONAL INTERRUPTION OR IRREGULARITIES IN THE SERVICE MAY OCCUR;
4.1.3- ANY POTENTIAL HARM FROM INTERRUPTIONS OR IRREGULARITIES IN THE SERVICE IS SPECULATIVE IN NATURE;
4.1.4- CITY ASSUMES NO RESPONSIBILITY OTHER THAN THAT CONTAINED IN THIS AGREEMENT.
4.2-City has no control whatsoever over the content of the information accessed through City's Internet Service. City's Internet Services are provided on an “as is, as available” basis, without warranty of any kind, expressed or implied, including, but not limited to, the warranties of performance, merchantability and fitness for particular purpose. City and/or contributors will have no liability whatsoever to you for any claim(s) relating in any way to 1) your inability or failure to perform research or related work or to work properly or completely, or 2) any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, City's Internet Services. City will not be responsible for any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via City's Internet Services is at your sole risk. City specifically disclaims any responsibility for the accuracy or quality of information obtained through City's Internet Services.
Under no circumstance and under no legal theory, tort, contract or otherwise, will City or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any an all other commercial damages or losses, or for any damages in excess of City's one month subscription price, even if City will have been informed of the possibility of such damages, or for any claim by any other party.
4.3-City in no event shall be liable for service or equipment interruptions or delays in transmissions, errors or defects in service or equipment when caused by acts of God, fire, war, riots, government authorities, default of supplier, or other causes beyond City's or any underlying communication carriers' control.
4.4- Customer acknowledges that Internet systems use public access facilities to transmit voice and data communications and that the Service may not be completely private. City shall not be liable to any customer for any claim, loss, damage or costs which may result from invasion upon the Customer's privacy in using the System.
4.5- Customer acknowledges that City is merely a distributor of information content provided by others and that City's services, like most other Internet systems, can carry material which may be considered abusive, profane or sexually offensive. City is not in a position to monitor the activity or content of all material in which Customer may come into contact through use of City's service. City shall not be liable to Customer for any claims, loss, damages or costs which may result from exposure to such material.
4.6- In accordance with the Communications Decency Act and the Digital Millennium Copyright Act, Customer understands that in the event City receives a demand, notice or other communication (collectively a "claim") by a third person related to a claim of infringement or distribution of obscene or defamatory material, City may take the following actions: (1) give written, e-Mail or fax notice to the Customer of the claim; (2) temporarily remove or deny access to such material; (3) at City's discretion, await action by the Customer and/or third party to resolve any dispute arising from or related to the claim and pending such action, to continue to remove or deny access to such material; or (4) at City's discretion, seek declaratory interpleader or other judicial relief with respect to the claim. City shall exercise the above-described rights in their sole and unfettered discretion.
5.- Indemnification.
5.1- Customer agrees to indemnify, defend and save City harmless from and against any and all claims, damages, liabilities costs and expenses, including reasonable attorneys fees from and against claims of any nature arising directly or indirectly out of this Agreement or the use of the services and products described herein, including, without limitation, any and all claims for copyright infringement, defamation or other torts, personal injury or wrongful death to Customer or any user of the equipment or services provided by City or used in connection with such equipment or services provided by or through City and arising out of the manufacture, purchase, operation, condition, maintenance, installation, return or use of the equipment or service, or arising by operation of law, whether the claim is based in whole or in part on negligent acts or omissions of City, its agents or employees.
5.2- Without limiting the generality of the previous section 6.1, Customer hereby specifically agrees to indemnify, defend and save City harmless from and against any and all claims, damages, liabilities costs and expenses, including reasonable attorneys fees, related to any claim of libel, slander or infringement of copyright or patent attached to or arising from the publication or use of any material in any form by or through the City's products or services by Customer or those using Customer's equipment.
6.- Rates and Charges. Customer will be billed for monthly access base rate charges.
6.1- Payment is payable on the 25th and due by the following 10th.
6.2- Customer shall be responsible for payment of charges for all services furnished by City, including without limitation, Service establishment fees, Service connection charges, and charges for enhanced features, sales, use or other taxes required to be collected by law, and all fees or other extraction imposed by or for any municipality or other political authority against City. Rates and charges shall be based on prices in effect at the time Service is furnished.
6.3- Payments received after the due date may incur a late payment charge of ten percent (10%) on the unpaid balance for each month or fraction thereof that such balance shall remain unpaid.
6.4- In the event that Customer's equipment or IP Number(s) is lost, stolen or otherwise absent or misappropriated from Customer's possession and control, Customer shall nonetheless be liable for all use and other charges attributable to the Customer's account number until such time as City is notified of the loss, theft or other occurrence.
6.5- Customer shall be responsible for all outstanding charges for services rendered and shall be responsible for all charges through the end of the billing cycle within which termination occurs, without proration of any such charge.
7.- Default and Waiver.
7.1- In the event that Customer shall default in the payment when due of any sum hereunder, or in the event of any default or breach of the terms and/or conditions of this Agreement, or if any proceeding in bankruptcy, receivership or insolvency or petition for receivership shall be instituted by or against Customer, City may at its option:
7.1.1- Prosecute its rights through appropriate judicial action to enforce performance by Customer of the applicable covenants and terms of this Agreement and/or to recover damages for the breach hereof; and/or
7.1.2- Terminate this Agreement, whereupon all rights and interests of Customer under this Agreement shall terminate and Customer shall remain liable for all Services provided.
7.2- Customer shall pay to City on demand any and all past due amounts which City may sustain by reason of such default or breach by Customer, together with all other charges as provided by this Agreement, reasonable attorney's fees incurred by City in connection with collection upon breach or default by Customer, and all other costs and expenses incurred by City in collecting such amounts. All amounts shall be payable by Customer without set-off or deduction of any kind.
7.3- The remedies provided in favor of City in the event of default shall not be deemed to be exclusive but shall be in addition to all other remedies to which it may be entitled under law.
7.4- No failure on the part of City to exercise any right or remedy arising directly or indirectly under this Agreement shall operate as a waiver of any right or remedy it may have nor shall the exercise of any of City's rights or remedies preclude any other rights or remedies allowed to it by law or in equity.
8.- Assignment. Neither this Agreement nor Customer's rights hereunder shall be assignable by Customer except with City's prior written consent. The conditions hereof shall bind any permitted successors and assigns of Customer.
9.- Entire Agreement and Governing Law. Customer acknowledges receipt of this Agreement, and this Agreement contains the entire agreement between the parties relating to the matters contained herein and supersedes all other agreements and negotiations, whether made orally or in writing, including any representations, warranties, or agreements not specifically stated herein. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. If any part of this Agreement is contrary to or prohibited by or deemed invalid under applicable law, the remaining provisions and parts hereof shall remain and be construed in full force and effect to the extent permitted.
10-.Renewal and Termination. After the initial eighteen (18) month minimum term, unless Customer or City terminates this Agreement as provided herein, this Agreement shall renew on a month-to-month basis. Notice of Customer's intent to terminate this Agreement shall be made in writing to the City of Vandalia at 200 East Park Street, Vandalia, MO 63382 or via facsimile transmission to (573) 594-3103. City reserves the right not to renew this Agreement at any time by giving Customer notice of same as provided for above.
10.1- Customer agrees to an initial service term of eighteen (18) months beginning with the first full month of service. During this initial eighteen month (18) service term, this agreement may only be terminated at the sole discretion of the City.
Wireless Internet Equipment Service Agreement
In consideration of the use, and privilege of use, of wireless internet service and equipment necessary for same by the City of Vandalia, the customer agrees to the following:
Customer shall comply with the City of Vandalia's Wireless Internet Service Agreement and Terms Of Service Agreement. The terms are incorporated herein by reference and located on the internet at www.vandaliamo.net
Customer shall be responsible for all costs associated with the replacement or repair of any customer premise equipment damaged while in the possession of the customer.
Customer shall hold the City of Vandalia harmless for any problems relating to installation of internal or external hardware necessary for operation of the wireless system. Although not required, it is highly recommended that all customers back up necessary files prior to the installation of wireless equipment. Additionally, lightning arrestors are highly recommended.
Customer must use approved equipment as provided for as part of the usage internet service agreement.
Customer agrees to an initial service term of eighteen (18) months. Customer agrees to be billed for a minimum of 18 full months of service as a part of the customer's utility bills.
After the initial service term of eighteen (18) months, this agreement may be terminated at any time by either party. When terminated, all equipment provided by the City of Vandalia must be in a satisfactory condition. The City of Vandalia will, at its option, have a representative remove the equipment for the customer. Customer shall be solely responsible for the cost of any equipment which is damaged, is not in good working order, or is missing. Further, customer shall be responsible for payment of all charges and costs incurred for the services provided by the City of Vandalia up to the date of termination.
Customer agrees that if any charges are not paid under the terms of this agreement, if any equipment is not returned, or if any damages to the equipment are not paid by the customer, the City of Vandalia shall be entitled to terminate any public utility service to the customer until said charges are paid or equipment returned. Customer shall be responsible for payment of any attorney fees and costs that are incurred by the City of Vandalia for collection of any fees or charges owed by the customer pursuant to this agreement.
Customer must make his equipment reasonably accessible to the City of Vandalia for equipment changes and upgrades.
A hookup fee will be charged upon application for service. Monthly billing will be due at the same time of each month as part of your regular utility bill. Customer's first month's bill will include a per diem charge for the previous month and the charge for the forthcoming month's service.
CUSTOMER INFORMATION
Name:____________________________________Business:_________________________________
Address:_________________________________ City:_________________________ Zip _________
Telephone:(Home)__________________(Work)__________________(Fax)_____________________
I have read the terms of this agreement and hereby agree to these terms:
Signature:_____________________________________________ Date:________________________
