Terms of Service

Wireless Broadband Access Addendum

All Wireless Services terms apply as an Addendum to and are made part of Blastcomm’s standard Terms of Service (TOS).

Installation and Maintenance:

User hereby authorize Blastcomm and/or its authorized contractors to install an antenna, transceiver, software, wiring and other materials as needed, know as the Customer Premise Equipment (the "CPE") at your property (the "Premises") necessary to provide Blastcomm Wireless Broadband service (the "Services") to User.

All custom installation work that you the User request over and above our normal installation, including placing cable under carpet, through cabinets, through interior walls and floors, will be billed at an additional charge.

User warrants that User owns the Premises, or has received permission from the owner of the Premises to make any changes to the Premises needed to install the CPE and receive the Services. It shall be the responsibility of the User to confirm that the placement of the transceiver on the Premises is not in violation of any restrictive covenants, conditions or homeowners association.

User agrees to allow Blastcomm or its subcontractors, access to the Premises to perform installation, repair or maintenance service, or CPE removal in support of the Services.

Blastcomm will not be liable for any alterations to the Premises that result from the installation or removal of the CPE, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets.

Service:

User will use the Services for Users own use only. User will use service for their own use only and will not attempt to resell, or distribute service to others without the written consent of Blastcomm. No Hosts, Servers or Daemons are allowed for distribution to the Internet in general without the written consent of Blastcomm. If this is a Residential installation the Service is then intended for Residential use only.

Blastcomm will assign to User a Blastcomm Internet Protocol address ("IP Address"), which is the exclusive property of Blastcomm’s Service Providers and is not portable. Blastcomm may change the IP Address at any time without liability and without prior notice to you. Blastcomm will use reasonable efforts to avoid any disruption to you by notifying you via email before changing your IP Address.

User will use the Services for Users own use only. User will use service for their own use only and will not attempt to resell, or distribute service to others without the written consent of Blastcomm. No Hosts, Servers or Daemons are allowed for distribution to the Internet in general without the written consent of Blastcomm. If this is a Residential installation the Service is then intended for Residential use only.

Network Management:

Blastcomm’s network management philosophy has been developed to facilitate the health of our network while at the same time complying with the spirit of the FCC’s Net Neutrality statements.

“A person engaged in the provision of fixed broadband Internet access service . . . shall not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service. Reasonable network management shall not constitute unreasonable discrimination.”

With that Statement in mind the following describes Blastcomm’s traffic management policy.

Blastcomm reserves the right the manage traffic on its network to avoid and control unnecessary Network Congestion at it’s sole discretion. Traffic shaping on our network takes place at multiple levels to ensure an optimal experience for all of our users across the network and to avoid any one user having a negative impact on many other users.

The Broadband service provided by Blastcomm is a Burstable Broadband allowing for maximum responsiveness for user interactive applications and traffic. We make every attempt to provide the best performance to the user whom is actively interacting with their computers. All burstable broadband connections are provided as a “Best Effort Service” and are not supported by SLA (Service Level Agreement) or CIR (Committed Information Rate) agreements. DIA (Dedicated Internet Access) services are available to commercial customers, which can be supported by SLA and CIR agreements.

Generally Blastcomm uses a 3 level approach to managing its broadband network traffic.

1. At the Border Blastcomm attempts to determine whether or not traffic is “human interactive traffic” or not. What we determine to be non-interactive traffic may be queued on a per socket basis which allows more users to have this kind of traffic at the “last mile” of connectivity. This will normally only impact extended period streaming as well as other extended downloads and our goal is to allow the maximum number of streams to flow smoothly whenever possible.
   

2. At the POP (Point of Presence) (Last mile) we incorporate, as needed additional queuing that once again prioritizes all interactive traffic over non-interactive traffic. This can give priority to certain classes of traffic over other classes insuring where necessary that specialty traffic has priority and offering the greatest number of users a quality experience.
   

3. Specific to each user’s account a service queue controlling aggregate traffic is often set depending on the user’s subscription level or past usage patterns to avoid negative impact on other users that share the same POP.
   

Blastcomm does NOT unreasonably discriminate in transmitting what is perceived to be lawful network traffic. Blastcomm does reserves the right to Block traffic as seen fit by Blastcomm in it’s sole discretion on it’s network, that it perceives could be harmful to the user, Blastcomm’s network, Blastcomm’s users or other users on the Internet at large.

Blastcomm users find that most applications such as Browsing, Email, Instant Messaging, VPN, VOIP, Gaming and more are supported by the Blastcomm Network. Some applications may require a higher level of service. We do NOT prioritize or de-prioritize any perceived legal traffic to and from the Internet, end to end across our network.

If you have specific questions on how we manage network traffic please call us and we’ll attempt to provide an explanation of our network management techniques so that those involved get a clear understanding of how we attempt to provide the best internet experience possible.

Term of Agreement and Terminations:

This Agreement will have a Term as designated on the Wireless Broadband Signup/Service Request form.

At the end of the initial Term, this Agreement will automatically renew for successive one-month periods unless you advise Blastcomm in writing that you wish to terminate the Services. All terminations are only accepted to be effective at the end of a period or month.

If you terminate this Agreement before the end of the agreed upon Term, User agrees to pay Blastcomm a termination fee of $200 (the "Termination Fee") plus any promotional discounts given for installation or CPE, or 50% of the balance of your contract plus any promotional discounts given, which ever is less.

Blastcomm has no obligation to remove the CPE if you terminate the Services. However, Blastcomm may, but is not required to, remove and resell or reuse the CPE. Blastcomm’s right to access the property and remove any CPE extends beyond the term during which service is provided, by 12 months no matter who then owns, occupies or controls the property.

If User moves out of the Premises, Blastcomm may terminate this Agreement and disconnect the Services and User will be liable for any Termination Fee. Blastcomm’s right to access the property and remove any CPE extends beyond the term during which service is provided, by 12 months no matter who then owns, occupies or controls the property..

Leased or Rented Equipment / CPE

In the event that User has Leased or Rented any CPE from Blastcomm, Blastcomm has the right to retrieve from the customer premise any Blastcomm owned CPE. User will not impede this process and Blastcomm’s right to access the property and remove any CPE extends beyond the term during which service is provided, by 12 months no matter who then owns, occupies or controls the property.

At the end of the initial Term, this Agreement will automatically renew for successive one-month periods unless you advise Blastcomm in writing that you wish to terminate the Services. All terminations are only accepted to be effective at the end of a period or month.

Warranty Disclaimer & Limitation of Liability

Any repair or replacement of the CPE and/or correction of an installation problem following the expiration of the Warranty period will be your responsibility if CPE is User Owned.

User warrants that the User Premise is in reasonable condition and roof will support a technician and not be damaged by a technician being on the roof to complete the installation of CPE required to deliver Services. User will hold harmless Blastcomm in the event of any roof or roof related damage.

If Blastcomm damages the Premises during the Services' installation or maintenance, Blastcomm will compensate the owner of the Premises for reasonable, actual and documented costs of necessary repair, not to exceed $250.

Complete Agreement:

This is the only Agreement under which Blastcomm provides Wireless Broadband Access. This addendum is part of the whole agreement including, but not limited to Blastcomm’s Terms of Service (TOS) and any relevant Agreement, Policies, and documents referenced therein.