Business Terms and Conditions (MSA)

Read This Agreement Carefully Before Using Our Internet Services.

1. Introduction.

Bandwise LLC provides its Internet services, as they may exist from time to time ("Services"), to users who pay a service fee to subscribe to the Services ("Subscribers") as well as to those who access some of our Services but do not have accounts ("Visitors"). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement. If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 9.

2. Payment Obligations of Subscribers.

3. Subscribers Account, Security, and Password.

Upon registration, Subscribers receive a username, password, and account designation. You and members of your business are the only authorized users of your Bandwise LLC account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify Bandwise LLC immediately upon discovering any unauthorized use of your account.

4. Monitoring Service.

Bandwise LLC has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Bandwise LLC, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Subscribers.

5. Disclaimer of Warranties and Limitation of Liability.

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY Bandwise LLC, Bandwise LLC DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. Bandwise LLC HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Bandwise LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Bandwise LLC MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH Bandwise LLC OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY Bandwise LLC OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. Bandwise LLC AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

6. Term of Agreement.

Your Internet access runs a minimum of one month (30 days) from the 1st of the following month; your first month will be prorated to bring your anniversary date to the first of the month. After this prorated charge, your account will be billed the normal access rate for subsequent months. All accounts are to be paid a month in advance. If you elect the three-month, six-month or yearly payment plan, please keep in mind that no refunds are given and that you are obligated for that time frame. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Subscriber, to terminate your account. Please do not assume that we terminate your account for non-use. It is your responsibility to notify us that you no longer want your account.
Customer understands that Bandwise LLC and it's subsidiary companies may enter into certain third party contracts in order to provide Customer with the Services covered by this agreement. As a result, Customer agrees that Service may not be terminated before the expiration of the Term set forth in the applicable Service Schedule, except for good cause. Customer further agrees that some third-party agreements may allow for rate increases that may result in an increase in cost to provide Service to Customer. Such third-party rate increases may result in the pass-thru of such increase in costs to Customer.
Bandwise LLC does exercise the right to terminate an account without attempting to contact you first if the policies we have set are not followed.

7. Billing.

Each billing statement will contain all charges for the next account period, plus any charges incurred during the previous period.  Any billing, which remains unpaid thirty (30) days after delivery date of billing, will be considered delinquent and the account will be suspended, and all services will be discontinued. No service will be restored until any and all charges are paid in full. Bandwise LLC may re-connect such service subject to the same terms and conditions, and amendments, in effect at time the account was originally opened. In the event Services are at any time suspended for failure to pay fees, the subscribers' account may be subject to a reconnection fee when Services are restored. Subscriber acknowledges that there is a thirty (30) day minimum subscription period, which means no full or partial refund of the initial month's service fee and activation fee will be given if service is canceled within the thirty (30) day subscription period. It is your responsibility to call our billing department if you have updated information (i.e. new expiration date or new credit card).

8. Termination of Services.

You may terminate your account at any time and for any reason by providing a REQUIRED written and signed 30 day notice and delivering that notice in one of the following ways. (a) Mail a signed letter Bandwise LLC 333 Texas St. Suite 505,  Shreveport LA 71101.

9. Refunds.

Bandwise LLC will not make any refunds for subscriber's early termination of any quarterly, semi-annual, or annual accounts.

Acceptable Use Policy

Customer System Use Agreement

This Acceptable Use Policy ("Policy") constitutes a part of any and all Agreements between Bandwise LLC ("Bandwise") and its account holders ("Customers") and System Users. This Acceptable Use Policy also applies to all direct and indirect users of the Bandwise LLC Internet network system, including  Web Hosting, FTP access account holders and all users accessing any email account, server or system or World Wide Web server hosted on or accessed through any Bandwise LLC Internet network computers, servers and related systems ("System Users"). Upon notice published on-line via Bandwise LLC Internet's web site, Bandwise LLC Internet may add to, delete from, or modify the terms and conditions of this Policy. Bandwise LLC Internet reserves the right to discontinue or change any and all of its services offered.

THE USE OF YOUR ACCOUNT OR THE USE OR ACCESS, WHETHER DIRECT OR INDIRECT, OF ANY PORTION OF THE Bandwise LLC NETWORK SYSTEM OR EQUIPMENT CONSTITUTES YOUR APPROVAL AND ACCEPTANCE OF THE TERMS OF THIS POLICY. ACCEPTANCE OF THESE TERMS IS AN EXPRESSED CONDITION TO YOUR RIGHT TO USE THE Bandwise LLC NETWORK SYSTEM.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE Bandwise LLC NETWORK SYSTEM. IF YOU ARE AN ACCOUNT CUSTOMER, PLEASE NOTIFY OUR BILLING DEPARTMENT AT 318-841-0198  SO WE CAN INITIATE CLOSURE OF YOUR ACCESS ACCOUNT.

1. Limitation of Warranty

Bandwise LLC makes no warranties of any kind, whether express or implied, for any service it provides. Bandwise LLC also disclaims any warranty of merchantability or fitness for a particular purpose. Bandwise LLC  will not be responsible for damages suffered by any Customer or user of Bandwise LLC systems, services or equipment, including, without limitation, incidental or consequential damages or lost profits. This includes loss of data resulting from delays, non-deliveries, misdeliveries, system failures or service interruptions caused by any source whatsoever, including Bandwise LLC's own negligence, subscriber's errors or omissions, or due to the fault of third parties. Bandwise LLC undertakes no obligation to maintain, protect or safeguard data stored on any Bandwise LLC equipment. All Customers and Users accept responsibility for maintaining backup copies of all such data and agree to upload and store data to Bandwise LLC equipment at their own risk, which is expressly assumed by the Customer or User.

2. Compliance with Law and Intellectual Property Rights

Customers and System Users agree that all services provided by Bandwise LLC Internet will be used only for proper legal purposes and in a lawful manner. Transmission or publication of any information, data or material in violation of any U.S., State or international law or regulation is strictly prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret law or any other law, as well as threatening, offensive, harassing, obscene or pornographic material or content. Customers and System Users warrant that any data uploaded for publication on Bandwise LLC Internet's web servers does not violate or infringe any copyright , trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous.

3. Removal and Destruction of Illegal or Offensive Data

Bandwise LLC supports the right of free speech and the free flow of information and ideas over the Internet and does not actively monitor content passing over its network or services under normal circumstances. Similarly, Bandwise LLC does not exercise editorial control over the content of any website, electronic mail, news group, or other material created or accessible over or through Bandwise LLC’s network or services. However, Bandwise LLC  may remove any materials that, in its sole determination, may be illegal, may subject Bandwise LLC to claims or liability, or which may violate this Policy. Bandwise LLC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Customers and System Users agree that Bandwise LLC shall have the absolute right to remove any and all materials which, in the sole and unrestricted discretion of Bandwise LLC, violate law or fail to conform with this Policy and the acceptable uses described herein. Such materials may be removed and destroyed at any time, without prior notice.

4. Indemnity

Customers and System Users agree to defend, hold harmless and expeditiously indemnify Bandwise LLC from any liability, claim, loss, damage or expense arising out of the Customer's or System User's breach or violation of any term, condition or covenant contained in this Policy or resulting from the use, whether direct or indirect, of any Bandwise LLC system, network or service.

5. Use of Network Access

Bandwise LLC Internet access, ftp, news group, e-mail and web server accounts cannot be transferred or used by anyone other than the Bandwise LLC Customers or authorized System Users. Customers and System Users may not sell, lease, rent or assign an Internet connection or parts of the connection to any party without the express, prior written approval of Bandwise LLC. Use of Network bandwidth is expected to be reasonable and moderate. Bandwise LLC reserves the right to impose additional charges for use of Network bandwidth in excess of reasonable or allocated amounts. Customer will receive advanced notice of Bandwise LLC's intent to impose any such charges.

Bandwise LLC is not responsible for any long distance charges incurred by customers when connecting to the network. It is the customers’ responsibility to determine if calls are local or toll and pay all fees billed by third-parties to establish network connections to Bandwise LLC.

6. Account Cancellation

Bandwise LLC reserves the right to cancel service for any reason without prior notice. In the event of cancellation, unused fees paid will not be refunded or pro-rated, this includes monthly, quarterly, and annual pre-paid accounts.

Customers must notify Bandwise LLC prior to the end of their current billing period to avoid further charges. Notification will be accepted via email, telephone call, or letter. Confirmation of cancellation must be received by customer for cancellation to be effective. Bandwise LLC is not responsible for unconfirmed cancellations and will not refund charges for unconfirmed cancellations. Customers canceling service within the money back guarantee period (within 30 days of initial signup) will have their monthly service fee fully refunded; the set-up fee is not refundable.

Customers who cancel a pre-paid account plan (3 months, 6 months, 1 year plans) after the first 30 days of service will not receive a refund of any unused fees.

7. Agreements with Minors

Bandwise LLC requires that its agreements be made with a person who is qualified to contract. As such, Customers must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this Policy and assume responsibility for payment of Bandwise LLC services and for Customer's compliance with this Policy.

8. Disruption of Network Services, Excessive Use

Customers and System Users must ensure that use of Bandwise LLC's network services does not disrupt Bandwise LLC, its associated networks or equipment forming part of Bandwise LLC's or the Internet's systems. Customers and System Users may not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, "broadcast," or otherwise sent on an intrusive basis to any Bandwise LLC user or to any directly or indirectly attached network. Use of Bandwise LLC's Internet connection, equipment or network systems in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Bandwise LLC in its sole discretion will be considered a breach of this Policy and may or will result in cancellation of service. It is not acceptable to use Bandwise LLC's services and facilities to interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to: - improper, harassing or offensive distribution of unsolicited advertising, - excessive newsgroup cross-posting, - transmissions of any type or quantity that causes disruption of service to others, - propagation of computer worms or viruses, - use of the network to make unauthorized entry to other computer networks, information or communications devices or resources, - sustained, excessive use of Bandwise LLC's access service, equipment or network connection without prior arrangement with Bandwise LLC.

9. Automated Software and Connections

The installation, compiling, use, or implementation of any of the following are prohibited without express permission: IRC Bots, bulk mail software, denial of service clients, viruses, worms, attacks, spamming of any kind, etc. Any process that causes excessive use of system resources to the point where other users may be affected is strictly prohibited. Software may not be installed on or compiled on any Bandwise LLC server without prior explicit permission. The use of any unattended connection software is prohibited without prior permission. All Bandwise LLC access accounts are for the use of human beings and require that a human being be present to initiate and monitor connections. Any violation may result in immediate termination of service.

10. Spam Prohibited

The distribution, sending, or causing to send of any unsolicited bulk email (commonly referred to as "spam") through Bandwise LLC's Internet connection or by using, either directly or indirectly, any Bandwise LLC equipment or network system is strictly and expressly forbidden. Bandwise LLC also forbids the use of unsolicited bulk email to advertise content made available through Bandwise LLC's Internet connection, equipment or network system regardless of the source of the email, and the use of Bandwise LLC's Internet connection to collect responses to unsolicited bulk email.

11. Other Prohibited Uses:

It shall be a violation of this Policy to use or access the Bandwise LLC network, system infrastructure or any Bandwise LLC equipment for the purpose of or in connection with the making of any threats, harassment, harm to minors, fraudulent activity, forgery, impersonation, theft of identity, collection of personal data, transmission of unsolicited commercial email or unsolicited bulk email, attempting to access the accounts of others, or to penetrate, or attempt to penetrate, any security measures of Bandwise LLC or its Customers.