Terms of Service

Terms and Conditions of Internet Service

This is an agreement between ISP Black Mesa Wireless LLC, PO BOX 669, Velarde NM 87582-0669 and subscriber. ISP may be reached at 844-544-9499, or the support email address, which is given to subscribers.

Services

ISP agrees to provide internet service to subscriber on a month-to-month basis in exchange for timely payment of all fees and taxes per the pricing schedule at https://bmwl.co/plans/ .

Due to the nature of Internet communications, ISP cannot guarantee the above data rate between subscriber and any particular service. ISP warrants that if normal use results in the upstream connection being saturated for more than 30 minutes at a time, ISP will purchase faster service from upstream providers. ISP makes no guarantees about latency (ping) times or jitter to any particular network or Internet location.

Outages of more than 1 hour that occur because of actions of ISP will be compensated on a pro-rated basis [(monthly fee / hours in month) * nearest whole hour of outage time] in the form of service credit. ISP will notify subscriber via the customer mailing list when outages are planned, and subscriber will not be compensated for planned outages. Outages between the hours of 03:00 and 05:00 will not be compensated. This window is typically used for scheduled equipment configuration changes. Outages resulting from severe weather, wars, government actions, vandalism, theft, or other circumstances beyond the control of ISP will not be compensated.

Internet and telephone service are dependent upon power at both ISP and subscriber equipment locations. ISP utilizes battery backups to ensure that service is available during brief power outages. If subscriber wishes to maintain Internet and telephone services during a power outage, subscriber may purchase an “uninterruptible power supply” (UPS) battery backup to power the appropriate equipment on subscriber premises.

Installation

ISP will provide all necessary equipment to connect to ISP’s network, including but not limited to Customer Premises Equipment radio (CPE) and associated mounting hardware, power supply, network cabling, router, and ATA (Voice over IP phone adapter) if phone service is provided. Subscriber will provide (if desired) a router or wireless access point to connect to the ISP-provided router. Upon termination of service for any reason, subscriber must allow ISP to remove ISP’s equipment, including allowing access to the premises as necessary to remove all such equipment. Failure to allow this removal will result in the customer being invoiced for the replacement cost of the equipment. Non-payment of this fee will result in referral to a collection agency or filing in small claims court after 30 days.

ISP will perform reasonable, professional installation of the CPE for $150. If ISP’s equipment is removed, any repairs or covering of holes will be the subscriber’s responsibility. ISP will pay the cost of repairing any damage incurred to the customer’s building during installation, not counting holes made by installed equipment. If additional hardware is required beyond that used for a normal installation, subscriber will be notified of the anticipated costs prior to installation. Attic and crawl space runs will be done at installer’s discretion. Cable runs beyond 150 feet will incur a cost of $1 per extra foot, based upon a TDR network cable analyzing device length measurement and/or length markings on said cable.  Any cable damage requiring repair or replacement of the cable will incur a labor cost of $150.00.  A credit or debit card or eCheck account must be linked to the user account prior to installation, and a pre-installation sign-off form must be completed and signed.

Billing

Billing will be done before the period of service. Failure to pay for service will result in automatic suspension of subscriber’s account until the bill is paid. If subscriber elects for automatic payment, subscriber thereby authorizes ISP to charge the customer’s payment method on or after the 25th of the month prior to the month of service. Changes in service in the middle of a month will be prorated. Termination of service will not result in a partial-month refund. Beginning 1 January 2020 there will be a $5 service charge per occurrence for paper payments (checks, money orders, cash).

Abuse and Termination of Service

Illegal Activity

ISP may be obligated at the request of law enforcement to provide detailed monitoring of subscriber’s activity under the CALEA act. ISP will not be liable of illegal use of the network or Internet by subscriber. Upon notice of illegal activity by subscriber (such as the sharing of copyrighted materials in violation of copyright law), ISP will notify subscriber to terminate activity. ISP may terminate subscriber’s service at any time and request all equipment to be returned without refund for any service still paid if subscriber is found to be making illegal use of the network.

Excessive Bandwidth Usage

While ISP would prefer to offer unlimited maximum usage of the network, support of such use is not feasible given the small, rural subscriber base. As such, continuous (> 5 hours) saturation of subscriber’s connection will be considered abuse. Movie streaming, XBOX gaming, and the like, will NOT produce this level of traffic. If such behavior is observed, ISP will contact subscriber for resolution, most likely offering an upgraded package. Subscriber may run servers (file servers, game servers, etc) as allowed by law, but servers consistently saturating subscriber’s connection will necessitate that subscriber upgrade to a higher-level package, if available.

Termination of Service

Subscriber or ISP may terminate service for any reason at any time. If ISP initiates termination of service, subscriber will be refunded the prorated amount of service that had been paid for the remainder of the month. If subscriber initiates termination of service, no refund will be made.

Technical Support

ISP will provide technical support relating to provision of Internet access through ISP’s equipment during normal business hours (09:00-17:00, M-F). On-site technical support of customer equipment will not normally be provided, except to the extent required to demonstrate functionality of subscriber’s connection to the internet. Tier 1 telephone support is available 24/7 by telephone. If ISP personnel make a site visit to subscriber’s premises upon the request of subscriber, and determine that actions of subscriber or subscriber’s equipment are the cause(s) of the issues requiring the visit, ISP may charge subscriber a $70.00 “truck roll fee”.

Severability

If any portion of this agreement is found to be invalid, the remainder of the agreement shall remain valid and in force.

Agreement

Subscriber agrees to be bound by this agreement and any subsequent updates. Subscriber will be notified of updates to this agreement on subscriber’s billing email address. Subscriber must notify ISP within seven (7) calendar days if subscriber does not agree to the updated agreement. Non-agreement will result in termination of service.

This document represents the entirety of the agreement between subscriber and ISP.