GET CONNECTED, STAY CONNECTED! Call Us Today 571-339-9097
GET CONNECTED, STAY CONNECTED! Call Us Today 571-339-9097
Subscription Agreement This agreement is entered into between CoCard VA LLC / Saratoga ISP, Service provider for Broadband service, and Customer on the following terms and conditions: 1. Computer Equipment and Location Requirement. As of November 2018 the required computer equipment to access CoCard VA LLC / Saratoga ISP Broadband Service is: Personal Computer · 300 Mhz CPU or greater · 32 MB of RAM · 15 MB of Free Hard Disk Space · Windows 98 Second Edition Operating System or Higher · CD ROM Drive Customer acknowledges CoCard VA LLC / Saratoga ISP’s computer requirements may change from time to time. Additionally, Customer agrees that CoCard VA LLC / Saratoga ISP is not obligated to continue to provide service to the Customer should Customer’s computer fail to meet CoCard VA LLC / Saratoga ISP’s computer requirements, as changed from time to time. Customer agrees that CoCard VA LLC / Saratoga ISP assumes no liability to provide services for computer systems incompatible with CoCard VA LLC / Saratoga ISP equipment. CoCard VA LLC / Saratoga ISP service is based upon a “Near to Non Line of Site” from the Customer’s equipment location to one of CoCard VA LLC / Saratoga ISP’s antenna sites, CoCard VA LLC / Saratoga ISP reserves the right to deny service to any Customer based upon their location in regards to a CoCard VA LLC / Saratoga ISP antenna site. CoCard VA LLC / Saratoga ISP may also deny services in cases where the Customer’s equipment location requires an external antenna connection and an external connection is not allowed or CoCard VA LLC / Saratoga ISP determines it is not practical. 2. Access Provided. The equipment provided by CoCard VA LLC / Saratoga ISP will allow Customers to access the Internet, online services and other information (collectively Service). Customer acknowledges that Customer may incur charges while using the Service in addition to those billed by CoCard VA LLC / Saratoga ISP. Customer agrees and understands that all such charges, including all applicable taxes related to the Service, are the sole responsibility of Customer. Customer also agrees that any and all IP addresses assigned by CoCard VA LLC / Saratoga ISP to Customer are not the property of customer and CoCard VA LLC / Saratoga ISP has the right to change IP addresses of Customer at any time. 3. Payment Terms. a. Agreement to Pay. Customer agrees to pay to CoCard VA LLC / Saratoga ISP all monthly fees set forth on the Work Order and installation charges, including applicable franchise fees, taxes, customer service fees, and late fees by valid credit card or automatic bank withdrawal, CoCard VA LLC / Saratoga ISP’s monthly service fees are billed one month in advance. If CoCard VA LLC / Saratoga ISP does not receive timely payment, Customer agrees to CoCard VA LLC / Saratoga ISP’s assessment of late fees and the right of CoCard VA LLC / Saratoga ISP to disconnect Customer’s Service. If CoCard VA LLC / Saratoga ISP disconnects Customer’s Service, Customer will be required to pay a reconnect fee and all past due charges before CoCard VA LLC / Saratoga ISP reconnects Customer’s Service. CoCard VA LLC / Saratoga ISP reserves the right to require Customer to pay a security deposit for Service at any time. b. Payment Methods. Customer agrees to pay CoCard VA LLC / Saratoga ISP by either a valid credit card or automatic bank withdrawal in accordance with the payment terms on the work received by Customer for the Service and agrees that CoCard VA LLC / Saratoga ISP has the right to change the structure and amount of its fees at any time subject to applicable law. c. Authorization to CoCard VA LLC / Saratoga ISP. Customer hereby authorizes CoCard VA LLC / Saratoga ISP to charge Customer’s VISA, Mastercard, other credit card or other payment method authorized by Customer for any outstanding service, late fees and installation charges. d. Past Due Accounts. Customer agrees to pay on past due accounts within 10 days or can risk interruption of services until account has been brought current. Any account that is suspended due to non-payment will be subject to a $35 reconnection fee at the discretion of CoCard VA LLC / Saratoga ISP management. Customer agrees to allow CoCard VA LLC / Saratoga ISP and its representatives to gain access to the premises to remove any equipment owned by either CoCard VA LLC / Saratoga ISP or the customer if customer’s account falls 90 days past due. This removal of equipment encompasses any equipment that is used exclusively for the purposes of accessing the CoCard VA LLC / Saratoga ISP network, including but not limited to the Motorola Canopy subscriber module, antenna, mounting hardware and power over Ethernet adapter. The removal of equipment, when owned by the customer, will be applied to the past due balance of the account(s) to attempt to bring the account(s) current in an effort to close out the account(s). e. Paper Billing. At the discretion of management, CoCard VA LLC / Saratoga ISP may agree to a paper billing option on a case-by-case basis. In such cases a $5 per month administrative billing fee will be applicable to all non-automated methods of recurring payment as set forth in this terms of service. Paper billing is a privilege not a right and may be discontinued at any time by CoCard VA LLC / Saratoga ISP at the discretion of management. 4. Installation and Access to Customer’s Premises. Customer authorizes CoCard VA LLC / Saratoga ISP, and its employees, agents, contractors, and representatives to enter Customer’s premises (the "Premises") in order to install, maintain, inspect, repair and remove the Equipment and/or the Service. If Customer is not the owner of the Premises, Customer will supply CoCard VA LLC / Saratoga ISP with the owner’s name and address, evidence that Customer is authorized to grant access to the Premises on the owner’s behalf, and written consent from the owner of the Premises. Customer authorizes CoCard VA LLC / Saratoga ISP and/or its authorized contractors to install a transceiver, modem, software, router, wiring and outer equipment (the “Equipment”) at the Premises necessary to provide CoCard VA LLC / Saratoga ISP Broadband service (the “Service”). Any custom installation work that Customer requests, including but not limited to placing cable under carpet, through cabinets, through interior walls or inside molding, will result in additional charges. Customer agrees that CoCard VA LLC / Saratoga ISP will not be liable for any alterations to the Premises that result from the installation or removal of the Equipment, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets. 5. Relocating/Removing Equipment. Customer agrees that he/she will not remove the Equipment from the Premises or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected by the CoCard VA LLC / Saratoga ISP installer. CoCard VA LLC / Saratoga ISP may relocate the Equipment for Customer within the Premises at the Customer’s request and upon payment to CoCard VA LLC / Saratoga ISP of relocation fees. Customer agrees not to connect any other device to the dedicated CoCard VA LLC / Saratoga ISP Service Connection. Customer understands that doing so may cause damage to the CoCard VA LLC / Saratoga ISP Broadband Direct network and subject Customer to prosecution for damages. 6. Contact Address. For any inquiries or notices required in connection with this Agreement, Customer should contact CoCard VA LLC / Saratoga ISP in writing at admin@cocardva.com 7. Prohibited Uses of the Service; Indemnity. Customer agrees not to use the CoCard VA LLC / Saratoga ISP Equipment or the Service directly or indirectly to: a. perform any illegal activity; b. breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software or data without the knowledge and consent of such person. The Equipment and the Service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. Use or distribution of tools designed for compromising security is also prohibited. c. invade another person’s privacy; d. unlawfully use, possess, post, transmit or disseminate obscene material or child pornography; e. post, transmit, or disseminate content which violates any proprietary rights of CoCard VA LLC / Saratoga ISP or any third party or is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable; f. unlawfully promote or incite hatred; g. post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, federal or international law, order or regulation; h. upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright or other proprietary right, without obtaining permission of the owner; i. copy, distribute or sublicense any software provided by CoCard VA LLC / Saratoga ISP, except that Customer may make one copy of each software program for back-up purposes only; j. service, alter, modify or tamper with any CoCard VA LLC / Saratoga ISP-owned Equipment or Service or permit any other person to do the same that is not authorized by CoCard VA LLC / Saratoga ISP; k. restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Equipment or the Service, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse or other harmful feature; or generating levels of traffic sufficient to impede others’ ability to send or retrieve information; l. operate a Web, http, FTP, email, chat, nntp, game, gateway or proxy server from home; m. you may not reference CoCard VA LLC / Saratoga ISP (e.g., by including "Organization: CoCard VA LLC / Saratoga ISP" in the header or by listing an IP address that belongs to CoCard VA LLC / Saratoga ISP) in the header of any unsolicited e-mails, even if that e-mail is not sent through the CoCard VA LLC / Saratoga ISP Broadband Direct network. n. disrupt or attempt to disrupt CoCard VA LLC / Saratoga ISP’s backbone network. Prohibited disruptions include, but are not limited to, sending unsolicited bulk or commercial e-mail messages ("spam"). Unsolicited e-mail may not direct the recipient to any web site or other resource which uses the CoCard VA LLC / Saratoga ISP Broadband Direct service. In addition, "mail bombing," the sending of numerous copies of the same or substantially similar messages or very large messages or files with the intent to disrupt a server or account, is prohibited; o. resell the Service or otherwise charge others to use the Service or use the Service for operation as an Internet Service Provider. p. use the Equipment or Services in a way which is contrary to any other CoCard VA LLC / Saratoga ISP policy that may be posted by CoCard VA LLC / Saratoga ISP from time to time. Specifically, customer agrees to abide by the CoCard VA LLC / Saratoga ISP Subscription Agreement and should consult this document regularly to ensure that their activities conform to the most recent version. q. use an IP address or client ID not assigned to Customer. Customer agrees that engagement in any of the activities listed above will result in immediate termination of Customer’s Service. In addition, CoCard VA LLC / Saratoga ISP reserves the right to disconnect or reclassify as commercial any Customer found in violation of Section 7 items l or n. This Section 7 shall not in any way limit CoCard VA LLC / Saratoga ISP’s rights of termination pursuant to Section 11 of this Agreement. Customer agrees to indemnify and hold harmless CoCard VA LLC / Saratoga ISP and each of their respective affiliates, subcontractors, employees and agents, from any claims arising from Customer’s use of the Service; this includes, but is not limited to, use of the Equipment or the Service in any manner prohibited under this Section 7. 8. CoCard VA LLC / Saratoga ISP Content Rights. CoCard VA LLC / Saratoga ISP has no obligation to monitor the content on the Service and expressly disclaims any responsibility for any offense or injury arising out of the Customer’s access to or dissemination of such content. Customer acknowledges and agrees that CoCard VA LLC / Saratoga ISP has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request to operate the Service properly, or to protect itself or its subscribers. CoCard VA LLC / Saratoga ISP reserves the right to refuse to post or to remove any information or materials that, in its sole discretion, are unacceptable, undesirable or in violation of this Agreement. 9. Customer Information. a. Credit Inquiries. Customer authorizes CoCard VA LLC / Saratoga ISP to make inquiries and to receive information about Customer’s credit history from others and to enter this information in Customer’s file. b. Information Collection and Disclosure. Customer agrees that CoCard VA LLC / Saratoga ISP may, from time to time, collect information concerning Customer’s use of the Service. Customer agrees that such information may be shared with other third parties provided that CoCard VA LLC / Saratoga ISP (i) does not disclose any personally identifiable customer information to others, except as allowed by law, and (ii) otherwise complies with all applicable privacy laws. If Customer does not want that information used in such a manner, Customer must notify CoCard VA LLC / Saratoga ISP in writing at admin@cocardva.com c. Customer expressly grants CoCard VA LLC / Saratoga ISP permission to disclose personally identifiable information relating to customer or customer’s account in response to (a) a subpoena issued in a civil or criminal investigation or litigation; (b) a civil investigative demand issued by a government entity; or (c) a court order. 10. Customer Service. Customer acknowledges and agrees that CoCard VA LLC / Saratoga ISP has the right to charge Customer fees for providing Customer support services and Customer agrees to pay all fees charged by CoCard VA LLC / Saratoga ISP for such services. Customer agrees that CoCard VA LLC / Saratoga ISP shall not be liable for any damage to Customer’s equipment resulting from or arising in connection with its provision of Customer support service and support for the CoCard VA LLC / Saratoga ISP Broadband Direct service even if such damage results from the negligence or gross negligence of the CoCard VA LLC / Saratoga ISP installer, technician or customer service representative. 11. Term, Termination and Expiration. a. Term. This Agreement is for the term reflected on the Work Order, which is incorporated into this Agreement by reference. b. Termination. Customer may terminate this Agreement prior to expiration of the term by payment to CoCard VA LLC / Saratoga ISP of a fee equal to the remaining fee due for the contracted term accompanied by a written notice of such termination mailed to CoCard VA LLC / Saratoga ISP at the address set forth in Section 6. CoCard VA LLC / Saratoga ISP may terminate this Agreement at any time by providing Customer with a twenty-four (24) hour notice and Customer shall not be entitled to a return of any previously paid monthly fees. CoCard VA LLC / Saratoga ISP will notify the Customer of its termination of this Agreement by electronic or other means. c. Customer Obligations Upon Termination. Customer agrees that upon termination of this Agreement: 1. Customer will pay CoCard VA LLC / Saratoga ISP in full for Customer’s use of any CoCard VA LLC / Saratoga ISP owned Equipment and Service up to the later of the agreed term of service or the date on which the Service and any CoCard VA LLC / Saratoga ISP Equipment have been disconnected and returned if Customer terminates this Agreement. Service is in most cases pre-paid month-to-month and no partial month prorated refunds are offered for unused portions of service if services are terminated at any point during a normal calendar month cycle. 2. Customer will permit CoCard VA LLC / Saratoga ISP to access Customer’s Premises at an agreed to time to allow CoCard VA LLC / Saratoga ISP to remove CoCard VA LLC / Saratoga ISP Equipment and other material provided by CoCard VA LLC / Saratoga ISP if this Agreement is terminated by either party. 3. Customer agrees to immediately return all CoCard VA LLC / Saratoga ISP Equipment pursuant to this Agreement if this Agreement is terminated by either party. Failure to return equipment within seven business days from the date of effective cancellation will result in the customer being liable for the equipment replacement cost of $2699 for the premium radio and $1299 for the basic equipment to be charged to the payment method the customer has on file for billing purposes. d. CoCard VA LLC / Saratoga ISP Retention Rights. Nothing contained in this Agreement shall be construed to limit CoCard VA LLC / Saratoga ISP’s rights and remedies available at law or in equity. 1. 7 Day Guarantee. The 7 day money back guarantee is specifically offered to our customers as a quality of service guarantee, and not as a rental service. Based on this, it is incumbent upon the customers to make advance contact with our company and have quality of service problems that have been determined to be unrepairable by a member of the CoCard VA LLC / Saratoga ISP staff after performance speed tests and an onsite service call to further investigate has been completed. Customers who wish to cancel within their 30 days that have not followed these guidelines will be deemed as a “rental service” and will not be refunded any labor charges and will be offered a 50% refund on the hardware only portion of their original installation. Cancellation request must be submitted in writing within 7 calendar days of the date of installation, with the installation date being day one. a. Cancellation of monthly service fee: customer understands and agree that all changes in my account information, including requests to terminate monthly service fee, must be in writing and be delivered to company, at the above address, at least 21 days prior to the next due date. If the payment due date falls on a weekend or holiday, I understand and agree that the payment may be executed on the next business day. I understand and agree that as this is an electronic transaction, adequate funds must be available for withdrawal from my account by the payment due date. I understand and agree that, if I change my account information, it is my responsibility to inform you of such changes, 2. Service Calls. Customers are eligible to receive on-site service calls at no charge for the first six (6) months once their account has been established. Any on-site service calls completed after such time will be subject to a $125 equipment lease maintenance fee, which is a fixed expense for the repair of any standard installation equipment, i.e. radio, cabling, managed router and associated power adapters. Any equipment needing repair that is part of a non-standard installation will be subject to separate billable charges. Customer authorizes these charges to be placed on the payment method established on file for monthly recurring billing charges. Customers that come in to our retail establishment to pick-up replacement equipment for any standard equipment determined to be inoperable will also be subject to a $35 lease maintenance fee for the replacement of said inoperable company owned equipment. Any re-repair required within fourteen (14) calendar days of the primary paid on-site service call, will be considered part of the same service call and will not be subject to any additional lease maintenance fees. 12. Amendment. Customer agrees that CoCard VA LLC / Saratoga ISP may, in its sole discretion, change, modify, add or remove portions of this Agreement, and the Service provided hereunder, at any time. CoCard VA LLC / Saratoga ISP will notify Customer of any such changes by posting notice of such changes on its website or sending notice via e-mail or postal mail. Customer’s continued use of the Service following notice of such change shall be deemed to be Customer’s acceptance of the modification. If Customer does not agree to any such modification, Customer must immediately stop using the Service and notify CoCard VA LLC / Saratoga ISP that Customer is terminating this Agreement in accordance with Section 11(b) of this Agreement. 13. Disclaimer of Warranty. CoCard VA LLC / Saratoga ISP EQUIPMENT AND SERVICE ARE PROVIDED BY CoCard VA LLC / Saratoga ISP "AS IS" WITHOUT WARRANTY OF ANY KIND. CoCard VA LLC / Saratoga ISP DOES NOT WARRANT UNINTERRUPTED USE OF THE EQUIPMENT OR THE SERVICE. CoCard VA LLC / Saratoga ISP DOES NOT WARRANT THAT ANY DATA OR ANY FILES SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE HEREBY EXCLUDED AND DISCLAIMED. 14. Back-Up Requirements. Customer represents that he/she understands the installation, use, inspection, maintenance, repair and removal of the Equipment may result in service outages or potential damage to Customer’s computer. Customer therefore agrees to back-up all existing computer files by copying them to another storage medium prior to such activities involving the Equipment. Customer expressly releases CoCard VA LLC / Saratoga ISP and each of its’ respective affiliates, subcontractors, employees and agents, from any liability whatsoever for any damage to or loss or destruction of any of Customer’s software, files, data or peripherals. Customer acknowledges that the sole responsibility for carrying out the back-up described in this Paragraph resides with Customer and that CoCard VA LLC / Saratoga ISP does not bear any responsibility for insuring that Customer has performed such back-up. 15. CoCard VA LLC / Saratoga ISP Performance and Reliability Rights. Customer agrees that Customer is purchasing a residential or commercial best-effort data service with no performance or reliability warranty either expressed or implied by CoCard VA LLC / Saratoga ISP. CoCard VA LLC / Saratoga ISP reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including, but not limited to the following: rate limiting, traffic prioritization, and protocol filtering. Customer expressly acknowledges, accepts and agrees that such action on the part of CoCard VA LLC / Saratoga ISP may affect the performance of the service and that Customer specifically releases CoCard VA LLC / Saratoga ISP from all liability associated with such action. Customer agrees that CoCard VA LLC / Saratoga ISP has the right to enforce limits on specific features of the Service, including, but not limited to, e-mail storage and web hosting maximums. 16. Damage to and Encumbrances on Equipment, Computer, Software. a. Ownership of Equipment. Customer agrees that all external Equipment, (radios, antennas, repeaters and associated power supplies) will at all times remain the property of CoCard VA LLC / Saratoga ISP. Customer agrees that Customer shall not sell, transfer, lease, encumber or assign all or part of the Equipment to any third party. Customer agrees to pay CoCard VA LLC / Saratoga ISP the full retail cost for the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Equipment or part thereof, together with any costs incurred by CoCard VA LLC / Saratoga ISP in obtaining or attempting to obtain possession of any such Equipment. If the Equipment is lost, stolen, sold, transferred, assigned or damaged, Customer agrees that CoCard VA LLC / Saratoga ISP may, at its option, install new or reconditioned Equipment, and the Customer agrees to pay all charges for installation of said Equipment. Customer hereby authorizes CoCard VA LLC / Saratoga ISP to charge Customer’s Visa, Master Card, other credit card or automatic bank withdrawal authorized by Customer for any outstanding Equipment charges. b. Customer’s Hardware and Software. Should the hardware of Customer’s computer be damaged as a result of the gross negligence of CoCard VA LLC / Saratoga ISP or the gross negligence of an authorized agent of CoCard VA LLC / Saratoga ISP, Customer agrees that CoCard VA LLC / Saratoga ISP will only be liable to Customer for the repair or replacement (at the discretion of CoCard VA LLC / Saratoga ISP) of the damaged parts up to a maximum of $100.00. Customer agrees that CoCard VA LLC / Saratoga ISP shall have no liability whatsoever for any damage to or loss or destruction of any of Customer’s software, files or data. c. Customer Purchased Equipment. Customer agrees to only connect CoCard VA LLC / Saratoga ISP-approved equipment to the CoCard VA LLC / Saratoga ISP network. 17. Viruses. Software or other content downloaded from the Service may contain viruses and it is Customer’s sole responsibility to take appropriate precautions to protect Customer’s computer from damage to its software, files and data. Customer agrees that neither CoCard VA LLC / Saratoga ISP, nor any of its’ respective affiliates, subcontractors, employees or agents, shall have any liability whatsoever to Customer for any damage to or loss or destruction of any software, files or data resulting from any virus, lock, key, bomb, worm, mallware, spyware, adware, popups, Trojan horse or other harmful features. 18. Maintenance. Customer acknowledges that CoCard VA LLC / Saratoga ISP Service may be temporarily unavailable or limited because of capacity limitations and because of equipment modifications, upgrades, relocations, repairs, and similar activities. To minimize impact to Customer scheduled maintenance will be performed during the non-peak hours of 11 p.m. to 5 a.m. Customer agrees that CoCard VA LLC / Saratoga ISP may interrupt Customer’s service without any compensation or notice to Customer. Customer agrees that CoCard VA LLC / Saratoga ISP is not responsible for any network elements beyond the demark. 19. No Liability for Content. There may be some content on the Internet or otherwise available through the Service which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. Customer agrees that CoCard VA LLC / Saratoga ISP assumes no responsibility for the content contained on the Internet or otherwise available through the Service. Customer agrees that all content accessed by Customer through the Service is accessed and used by Customer at Customer’s own risk, and CoCard VA LLC / Saratoga ISP, and each of its’ respective affiliates, subcontractors, employees and agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content by Customer. CoCard VA LLC / Saratoga ISP SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, QUALITY AND CONFIDENTIALLY OF INFORMATION OBTAINED THROUGH THE SERVICE. 20. No CoCard VA LLC / Saratoga ISP Liability For: a. Eavesdropping. Customer acknowledges and agrees that other CoCard VA LLC / Saratoga ISP Service subscribers may be able to access and/or monitor Customer’s use of the Service. Customer assumes all risks of eavesdropping not only with CoCard VA LLC / Saratoga ISP’s transmission facilities and other Customer’s, but also assumes this risk on the Internet and other services to which access is provided by CoCard VA LLC / Saratoga ISP. Any sensitive or confidential information is sent at Customer’s sole risk, and Customer agrees that neither CoCard VA LLC / Saratoga ISP, nor any of its’ respective affiliates, subcontractors, employees or agents, shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by Customer. b. FTP/HTTP/Proxy/Gateway Server Setup. Customer acknowledges and agrees that when using the Service to access the Internet or any other online service, there are certain applications, such as FTP, HTTP, proxy, or gateway server applications, which may be used to allow other Service users and Internet users to gain access to Customer’s computer. Customer agrees that neither CoCard VA LLC / Saratoga ISP, or any of its’ respective affiliates, subcontractors, employees or agents, shall have any liability whatsoever to Customer for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to the use of such applications by Customer, including, without limitation, damages resulting from others accessing Customer’s computer or from any loss of data maintained on the Network. 21. Limitation of Liability. Unless otherwise specifically provided in this Agreement, neither CoCard VA LLC / Saratoga ISP, or any of its’ respective affiliates, subcontractors, employees or agents, shall be liable to Customer or to any third party for: a. any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly from, or otherwise arising in connection with, the use of the Service by Customer or any other use of the Equipment, including, without limitation, any damage resulting from or arising out of Customer’s reliance on or use of the Equipment or Service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, non deliveries, mis-deliveries, transmission, or any failure of performance of the Equipment or Service; b. any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly from, or otherwise arising in connection with, the termination or reclassification of Customer’s account by CoCard VA LLC / Saratoga ISP pursuant to this Agreement.; and c. any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of the Equipment or Service by Customer or a third party infringes the copyright, patent, trademark trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party. d. The limitations set forth in this Section 16 apply to the acts, omissions, negligence and gross negligence of CoCard VA LLC / Saratoga ISP, each of its’ respective affiliates, subcontractors, employees and agents, which, but for this provision, would give rise to a cause of action in contract, tort or any other legal doctrine. e. Customer agrees that his/her sole and exclusive remedies under this Agreement are as expressly set out in this Agreement. 22. Hardware Installation. Customer agrees that if the installation of an Ethernet card or an Adapter card is required, it will be necessary to open Customer’s computer to install the card. Further, Customer agrees that the system files on Customer’s computer may be modified as part of the card installation process. Customer acknowledges that CoCard VA LLC / Saratoga ISP neither represents, warrants, nor covenants that such installation will not disrupt the normal operations of Customer’s computer and Customer releases CoCard VA LLC / Saratoga ISP from all liability whatsoever for any damage resulting from the above. Customer agrees that CoCard VA LLC / Saratoga ISP is not responsible for returning Customer’s PC to its original configuration prior to installation of the card. 23. Multiple Users. Customer acknowledges that Customer is executing this Agreement on behalf of all persons who use the Equipment and/or Service through Customer’s computer. Customer agrees that it is Customer’s sole responsibility to ensure that all such other users understand and comply with the terms and conditions of this Agreement. Customer further acknowledges and agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the Service and/or Equipment by Customer or by any other user of Customer’s computer. 24. Privacy Policy. This privacy policy discloses the privacy practices for CoCard VA LLC / Saratoga ISP. This privacy policy applies solely to information collected by this web site. It will notify you of the following: • What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared. • What choices are available to you regarding the use of your data • The security procedures in place to protect the misuse of your information. • How you can correct any inaccuracies in the information. Our Privacy Policy may change from time to time and all updates will be posted on this page. If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 703-403-5661 or via email at admin@cocardva.com 25. Information Collection, Use, and Sharing. We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. 26. Your Access to and Control Over Information. You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website: • See what data we have about you, if any. • Change/correct any data we have about you. • Have us delete any data we have about you. • Express any concern you have about our use of your data. 27. Security. We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser or looking for “https” at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. 28. Governing Law. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Virginia. Customer agrees not to institute any claim, suit or proceeding against CoCard VA LLC / Saratoga ISP, or any of its affiliates, officers, directors or agents more than one (1) year after the date the cause of action arose. 29. General. CoCard VA LLC / Saratoga ISP and Customer agree that this Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. CoCard VA LLC / Saratoga ISP’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement may not be assigned or transferred by Customer. This Agreement is freely assignable by CoCard VA LLC / Saratoga ISP to third parties.
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