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Terms of Service

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WHEREAS, Customer desires to obtain wireless Internet services from Visual Link Internet as set forth herein; and

WHEREAS, Visual Link Internet desires to provide wireless Internet services to Customer, as set for herein:


NOW THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows:


TERM: This Agreement becomes effective on the date signed by the Customer. The initial term of this Agreement shall begin on the first day of installation. Upon expiration of the initial term, this Agreement shall automatically renew at the then current rates for successive three-month terms until such time as either party shall deliver thirty (30) days notice of termination prior to the expiration date of the then current term.


NOTICE: Monthly service is based on a calendar month and invoiced accordingly. Therefore, the basic monthly charge for service is the same each month, regardless of the number of days in the month. We reserve the right to decline to provide service to you for any lawful reason. Service may not be available or may operate differently in some locations. You must be at least 18 years old to subscribe to our service. We may require you to provide proof of your age and identity.


CHANGES TO AGREEMENT: Visual Link Internet reserves the right to modify this Agreement document at any time. We will provide you with notice of substantive changes that affect the rates, terms and conditions in this Agreement, which may consist of notification by bill message, e-mail or postal service, that a change has occurred and that a revised copy of the Terms (“Agreement”) may be viewed at our Web site to be found at www.visuallink.com and/or received by e-mail upon request. By using the Service after the effective date of the changes, you accept the changes.


TERMS AND CONDITIONS


  1. SERVICES. This Agreement states the terms and conditions under which Visual Link Internet shall provide Customer with the services (Service(s)) and associated equipment (Equipment) indicated herein. This is a Service Agreement and does not and should not be construed to provide the Customer with any ownership right or rights in any of the Service, Equipment or peripherals associated with the provision of the Service. By using the Service, Customer agrees to be bound by the terms of this Agreement. Additionally, by making a payment from a Visual Link Internet invoice Customer is agreeing to be bound by the Terms of Service, the Acceptable Use Policy (AUP) and the Fair Access Policy (FAP) and any related articles. Visual Link Internet reserves the right to modify this document, or any other document, at any time.

    1. SERVICE OUTAGE: Visual Link Internet is not responsible for any Internet access service outage that is not directly related to Visual Link Internet equipment or provision. Any Visual Link Internet service related problem that Visual Link Internet is made aware of would be addressed during regular business hours. Best efforts will be made to correct after regular business hours problems. Any outage that is a result of a Visual Link Internet provision or faulty antenna, will be corrected as quickly as possible, but is not subject to a reduction or credit in monthly charges to Customer.

    2. SERVICE CALL: If a service call is made in response to a Customer complaint of failed or faulty Visual Link Internet service and the technician determines that Visual Link Internet service and equipment is operational, there will be a service call charge to the Customer of a minimum of $50.00, which is subject to change. This service call charge will be invoiced and subject to payment on the next billing cycle. If it is determined that there is a problem on the Customer side of service, if requested by Customer, said technician may elect to repair a Customer equipment issue which may be chargeable and payable to the technician (for which Visual Link Internet, Inc. disclaims any liability) or suggest that a third party repair service be involved. Visual Link Internet shall not be responsible or liable for any of the following:

      1. Any obstruction(s) that might grow or be erected between the antenna at Customer’s location and the POP (Point Of Presence) which causes degradation or loss of service.

      2. Debris or ice on the antenna located at Customer’s location.

      3. Aiming or re-aiming the antenna located at Customer’s location more than 10 days after its installation.

Customer understands that wireless Internet connectivity requires direct radio line of sight, and that any obstruction between the POP and the antenna located at Customer’s location may block the signal and cause the failure of the Connection. In the event that foliage disrupts service, upon request by Customer, Visual Link Internet will attempt to reconfigure the equipment to restore service. Customer may incur charges for any extra hardware and service labor at that time. Customer acknowledges that any installation/reconfigure fee is non-refundable whether or not the Connection becomes operational. If service cannot be restored within 15 days of Customer’s notice to Visual Link Internet of a service interruption, either party may terminate this Agreement. Upon any termination of this Agreement pursuant to the preceding sentence, Customer shall receive a refund of a pro rata portion of the service fee for any period in excess of forty-eight (48) hours that Customer has paid for service, but the Connection was not operational.


  1. PAYMENT TERMS. Customer agrees to pay one-time and monthly recurring charges for the Services, as set forth in this Agreement. Before Service can be activated, one-time charges are due on or before the time of equipment installation. Customer shall pay monthly charges in advance. No refunds are due for partial months when customer cancels service in the middle of a billing cycle. All charges are due by the due date. A late payment charge of $5.00 (subject to change) will be invoiced for any late payment. If payment is not received by the 15th day past due, service may be disconnected and reconnection will be made when account is brought up to date, plus a reconnection charge may apply. By the 20th day past due that the account has been suspended for nonpayment the account is subject to deletion and termination of Service and any early termination charges will apply. An early termination charge of $200.00 or the balance of the Term Agreement in effect, whichever is greater, plus any accrued past due interest charges, must be paid in order to terminate your Agreement. A monthly finance charge of 2% or 24% annum compounded, will be charged on past due invoices. Customer agrees to be responsible for reasonable expenses, including attorney fees, incurred in collecting any unpaid balance. All Customers using recurring credit/debit card transactions are required to keep a valid credit/debit card on account for the purpose of automatic card billing.

    1. Customer Change Requests: Any charges associated with Service and Equipment installations, additions, modifications, substitutions, upgrades, reconfigurations, rebuilds or relocations requested by Customer subsequent to the initial installation, are the sole financial responsibility of Customer and may require payment to contractor(s) at time of work being performed, or may be reflected on the Customer’s billing statement after the requested Service and/or Equipment has been installed, added, modified, substituted, upgraded, reconfigured, rebuilt or relocated and Customer’s payment of the bill which includes those added charges will be deemed Customer’s acceptance of those charges. Subsequent to the initial term Visual Link Internet may increase the recurring charge from time to time on thirty (30) days prior written notice to Customer.

    2. Non-Payment and Penalties: Failure to pay all bills within thirty (30) days of issuance shall constitute a breach of this Agreement and be grounds for immediate disconnection and/or imposition of a late fee of not more than five percent (5%) on any outstanding balance at Visual Link Internet’s discretion. Visual Link Internet may charge a reasonable service fee for all returned checks. If Service is disconnected because Customer does not pay the bill, Visual Link Internet may require that Customer pay all past due charges, a reconnect fee, and a minimum of one quarter's advance charges before Visual Link Internet will reconnect Service. Customer shall be responsible for all expenses (including reasonable attorney's fees) incurred by Visual Link Internet in collecting any unpaid amounts in accordance with this Agreement.

    3. Billing Errors: Customer must bring any billing errors or requests for credit to Visual Link Internet’s attention within thirty (30) days of the date Customer receives the bill for which correction of a billing error or credit is sought.

    4. Site Visits and Repairs: If the Customer’s use or modification or of the Equipment or software supplied by Visual Link Internet requires a visit to the Customer’s facilities for correction or repair, or if removal of equipment and/or software becomes necessary upon service termination, Visual Link Internet reserves the right to charge the Customer for such site visit and/or repair costs.

    5. Termination Fee: Any termination of service is subject to a labor fee equal to $50 for physical removal of Visual Link Internet Equipment including antenna and mounts. This fee amount is subject to change, based upon maintenance contracts with Visual Link Internet.

    6. Reconnection Fee: When Service is restored after having been terminated for non-payment of charges, a $25 reconnection fee will be due and payable prior to reinstatement of Visual Link Internet service. This fee amount is subject to change.


  1. INSTALLATION AND ACCESS: Customer hereby grants to Visual Link Internet (subject to any necessary governmental or third-party approvals) reasonable access to the premise(s) to review, install, inspect, maintain and repair all necessary Equipment (as well as permission to enter the premise(s) for the exercise of such right) to receive the Service. Such access shall include landlord permission, when applicable. Visual Link Internet reserves the right to perform an engineering review of the premise(s) prior to installation. The Customer shall be responsible, at its own expense, for all site preparation activities necessary for installation of the Service, as set forth herein, including the relocation of the Customer’s equipment, as necessary, to access the Service. To ensure proper installation of the Service, Customer may be required to provide Visual Link Internet with accurate physical network diagrams and/or maps. Visual Link Internet may schedule installation visits with the Customer as necessary. The Customer’s authorized representative must be present during site visits.


  1. SERVICES AND EQUIPMENT. Customer understands and agrees that notwithstanding any other provision contained herein all equipment and material installed or provided by Visual Link Internet, including but not limited to modem(s) and antenna(e) are and shall remain the property of Visual Link Internet and must be returned to Visual Link Internet at any time service is disconnected, or any reasonable time the Customer is desirous of making an exchange of such equipment. Customer will use reasonable care to avoid damaging any Equipment and will not move, relocate, alter, sell, lease, assign, encumber or otherwise tamper with the Equipment. Immediately upon termination of Service, any and all Equipment supplied by Visual Link Internet must be returned to Visual Link Internet in good condition. Removal of Equipment may be arranged with Visual Link Internet at the prevailing cost. Failure to return Equipment within ten (10) days after Service is disconnected will result in a charge being made to Customer’s account. Customer agrees to pay and shall pay the full retail cost for the repair or replacement of any lost, stolen, or damaged Equipment, together with any costs incurred by Visual Link Internet in obtaining or attempting to regain possession of such Equipment, including, but not limited to, reasonable attorney's fees. (NOTE: As of February 2008, a wireless antenna cost is $500.00.) Customer further agrees to pay for any repairs or replacement of the Equipment whether or not caused by Customer’s negligent act, except such repairs or replacements as may be necessary by reason of normal and ordinary wear or by reason of defects of material or workmanship therein. Visual Link Internet may change or substitute type or style of provided equipment at Customer’s location as necessary at no cost to Customer. Any Visual Link Internet provided equipment is subject to Customer protection and insurance and must be returned in good condition upon termination of service. Normal wear and tear accepted. During regular business hours, weather permitting, access to Customer property is hereby given for installation, servicing, or removal of leased equipment and related parts, upon either of; Customer request, misuse of service, termination of term lease or termination of service.


  1. AMENDMENT, MODIFICATION & WAIVER. This Agreement is subject to update and amendment (with or without prior notice) as needed or as required by Visual Link Internet, INC. Any amendment or update to this agreement supersedes and nullifies the previous agreement in effect. You agree that if you use the Services or the System after such notification of changes in this Agreement, you will be bound by all such changes.


  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

    1. LIMITED WARRANTY. VISUAL LINK INTERNET HEREBY REPRESENTS AND WARRANTS TO THE CUSTOMER THAT ALL SERVICES SHALL BE PERFORMED IN A WORKMANLIKE MANNER AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. CUSTOMER AGREES THAT CUSTOMER USES THE SERVICE AND ANY SOFTWARE AND EQUIPMENT SUPPLIED BY VISUAL LINK INTERNET AT ITS SOLE RISK. THE SERVICE AND VISUAL LINK INTERNET EQUIPMENT ARE PROVIDED ON AN "AS IS BASIS" WITHOUT WARRANTIES OF ANY KIND. VISUAL LINK INTERNET DOES NOT WARRANT UNINTERRUPTED USE OF SERVICE. ANY WARRANTY CLAIM BY THE CUSTOMER MUST BE MADE WITHIN THIRTY (30) DAYS AFTER THE APPLICABLE SERVICE HAS BEEN PERFORMED. VISUAL LINK INTERNET‘S SOLE OBLIGATION AND THE CUSTOMER‘S SOLE REMEDY, WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION, SHALL BE A PRORATED REFUND OF THE FEES PAID BY THE CUSTOMER BASED ON THE PERIOD OF TIME WHEN THE SERVICE IS OUT OF COMPLIANCE WITH THIS LIMITED WARRANTY PROVISION.

    2. DISCLAIMER: THE WARRANTIES IN THIS SECTION ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

    3. LIMITATION OF LIABILITY: VISUAL LINK INTERNET SHALL NOT BE LIABLE TO CUSTOMER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY SUBCONTRACTORS OF VISUAL LINK INTERNET, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS. ANY CLAIM MADE UNDER THIS PARAGRAPH OR THIS AGREEMENT SHALL BE MADE IN WRITING AND FORWARDED TO THE VISUAL LINK INTERNET ADDRESS THAT APPEARS HEREON. IN NO EVENT SHALL VISUAL LINK INTERNET’S LIABILITY HEREUNDER EXCEED THE TOTAL FEES PAID HEREUNDER DURING THE PRECEDING THIRTY (30) DAY PERIOD.


  1. FORCE MAJEURE: The Customer agrees that Visual Link Internet shall not be liable for any inconvenience, loss, liability or damage resulting from any failure or interruption of Service, directly or indirectly caused by circumstances beyond Visual Link Internet’s control, including but not limited to inclement weather, forces of nature, labor disputes, acts of war or terrorism, criminal, illegal or unlawful acts natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of the Service.


  1. INDEMNIFICATION: The Customer agrees to indemnify Visual Link Internet against any and all claims, lawsuits, damages, judgments costs, fees or expenses (including reasonable attorney's fees and costs incurred by Visual Link Internet in enforcing its rights under this Agreement) incurred by Visual Link Internet which arise out of or are in any way related to the installation, maintenance, repair or removal of any Equipment or Services provided by Visual Link Internet to Customer under the terms of this Agreement. This indemnification provision shall survive any termination of the Customer’s account, either by the Customer or by Visual Link Internet.


  1. EQUIPMENT: Customer agrees

    1. Not to disturb, alter or remove any portion of Visual Link Internet’s Equipment or material,

    2. To adequately safeguard such Equipment against others,

    3. Not to hire or permit any one other than personnel authorized by Visual Link Internet acting in their official capacity to perform any work on such Equipment. Customer is prohibited from moving Equipment to another location or using it at or for an address or location other than the premise(s)/address listed above as being the Customer Service Location/Premises without prior written authorization from Visual Link Internet. An unauthorized connection or other tampering with the Equipment shall be cause for disconnection of Service or legal action, and Visual Link Internet shall be entitled to recover damages, including, but not limited to, the value of any Services illegally obtained plus reasonable collection costs including reasonable attorney's fees.


  1. RESTRICTIONS: Customer shall not authorize or permit any other person to use the Service (or any part thereof) outside the premise(s). Customer acknowledges that such use may, in some circumstances, subject Customer to criminal or civil charges and penalties under applicable laws. Customer agrees to indemnify and hold Visual Link Internet harmless from any loss, liability, or expense, including reasonable attorney's fees, arising from a breach of this provision.


  1. EQUIPMENT AND SOFTWARE REQUIREMENTS: As required by Visual Link Internet, Customer shall maintain certain minimum Equipment and software to receive the Service. The Customer must provide an approved lightning/surge protector or battery-backup ups equipment for Visual Link Internet’s equipment hookup to protect Visual Link Internet’s equipment from power surges resulting from Customer’s line power. Failure to produce said equipment will result in non-installation of Visual Link Internet’s equipment and a service charge of $75.00 (this amount is subject to change), to be paid to the installer for failure to provide surge protection equipment. The installer at his option may sell you approved surge suppression for Visual Link Internet’s equipment in lieu of surcharge for your failure to provide said protection equipment


  1. CUSTOMERS’S RESPONSIBILITIES: Customer agrees that any person who accesses the Service through the Customer’s computer(s) or under the Customer’s account shall be subject to this Agreement. The Customer assumes all liability and responsibility to ensure that all such other users understand this Agreement and comply with its terms. The Customer shall be responsible for all access to (including access via the Customer’s wired or wireless Local Area Network) and use of the Service by means of the Customer’s Equipment, whether or not the Customer has knowledge of or authorizes such access or use. The Customer shall be liable and responsible for all charges incurred and all conduct through either authorized or unauthorized use of the Customer’s account, until the Customer informs Visual Link Internet of any breach of security.

    1. Connecting Customer Equipment: Upon Installation, Visual Link Internet shall test to confirm that the Service can be accessed from the Customer’s premise(s). It shall be the Customer’s responsibility to connect their equipment to the modem or router for network access. The Service is intended for use by a single small business or small office-home office (SOHO) at the premise(s) specified herein. By connecting to the network and/or accessing the Service, Customer agrees to be bound by the Visual Link Internet “INTERNET ACCESS SERVICE TERMS AND AGREEMENT” and the terms of the Visual Link Internet Acceptable Use Policy (“AUP”) and Fair Access Policy (“FAP”) which are available upon request from Visual Link Internet or which will be able to be found at www.visuallink.com (or the applicable successor URL). Customer shall not, and will not allow others to, resell or redistribute access to the Service in any manner, including but not limited to hosting applications such as the provision of e-mail, FTP and Telnet access.

    2. No Third-Party Support or Liability: Visual Link Internet does not support and Is not responsible for Customer-supplied third-party hardware or software including but not limited to modems or routers, network interface cards or local area networks, browsers and their plug-ins, TCP/IP or other communications or networking software, or e-mail client software. Any questions concerning third-party hardware or software should be directed to the manufacturer of that hardware or software product. Visual Link Internet assumes no liability or responsibility for the installation, maintenance compatibility or performance of any equipment or software not provided by Visual Link Internet. If such third-party equipment or software impairs the Service, the Customer shall remain liable for payments as agreed without recourse for credit or prorated refund for the period of impairment. If the Customer requests Visual Link Internet to attempt to resolve difficulties caused by such third-party equipment or software, such efforts shall be performed at Visual Link Internet’s discretion or by a Visual Link Internet service subcontractor and at then-current rates and terms. Visual Link Internet makes no warranty that it will resolve the difficulties caused by such third-party equipment or software.

    3. Security: The Customer shall be responsible for the implementation of reasonable security procedures and standards with respect to its own demarcation point that interfaces with the Service. Visual Link Internet may communicate security issues to the Customer from time to time when abuse or misuse is observed or reported by others.

    4. Blocking and Filtering: While the computer industry may provide blocking and filtering software that empowers Customer to monitor and restrict access to Customer’s computer and its data, Visual Link Internet is not the publisher of this software. Visual Link Internet strongly recommends and requires that the Customer employ “anti-virus” and "firewall" protection or other security software. The Customer assumes all responsibility for providing and configuring any "firewall" or security measures for use with the Service at its location. Visual Link Internet shall not be responsible in any manner for the effectiveness of these blocking and filtering technologies Visual Link Internet does not warrant that other users will be unable to gain access to Customer’s computer.


  1. SERVICE PERFORMANCE: Visual Link Internet shall use its best efforts to achieve the Service speed selected by the Customer herein but such speed may vary based on factors beyond Visual Link Internet’s control. Visual Link Internet shall use commercially reasonable efforts to assure that the Service is available to the Customer 24 hours per day, seven days per week. It is possible, however, that there will be interruption of the Service. If an outage condition is known sufficiently far in advance, Visual Link Internet shall attempt to provide the Customer with electronic mail notification. The Customer understands and agrees that the Service may be unavailable from time to time either for scheduled or unscheduled maintenance, technical difficulties, or for other reasons beyond Visual Link Internet Internet’s control. The temporary unavailability of the Service shall not constitute a breach of contract or a failure by Visual Link Internet to perform its obligations under the Agreement.

    1. Damage, Loss or Destruction of Software Files and/or Data: Visual Link Internet assumes no liability or responsibility whatsoever for an damage to or loss or destruction of any of the Customer’s property, including but not limited to hardware, software, files, data or peripherals which may result from the Customer’s use of the Service, or from the installation, maintenance or removal of the Service, Equipment or software. Visual Link Internet does not warrant that any data or files sent by or to the Customer will be transmitted in uncorrupted form.

    2. No Liability for Risks of Internet Use: Visual Link Internet does not warrant that Service will be error-free. The Service, Visual Link Internet’s network and the Internet are not secure, and others may access or monitor the Customer’s traffic, therefore Visual Link Internet does not warrant that any data or files sent or received by the Customer over the network will not be subject to unauthorized access by others, that other users will not gain access to the Customer’s data, nor that the data or files will be free from computer viruses or other harmful components. And because the Customer may run applications that permit others to gain access to the Customer’s data, Visual Link Internet has no responsibility and assumes no liability for such acts or occurrences.

    3. No Liability for Purchases: Through use of the Service, the Customer may access certain information, products and services of others, for which there is a charge. The Customer shall be solely liable and responsible for all fees or charges for these online services products or information. Visual Link Internet shall have no responsibility to resolve disputes with other vendors.

    4. Disclaimer of Warranty: Visual Link Internet makes no warranty, either express or implied, regarding any information, product or service provided to or received by the Customer under this Agreement or as to the availability, accuracy or content of information, products or material sent or received by means of the services provided by Visual Link Internet or as to service interruptions or network downtime. Visual Link Internet HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    5. Limitation of Liability: The Customer agrees that any Visual Link Internet liability shall in no event exceed the fees paid by the Customer for the services provided under this Agreement.

    6. No Liability for Changes of Address: Due to growth, acquisitions and changes in technology, Visual Link Internet reserves the right to change addressing schemes, including IP addresses. Visual Link Internet may provide the Service in partnership with other companies ("Partners"). The Customer agrees to abide by the terms and conditions of the Partners' Services.


  1. PRIVACY AND MONITORING THE SERVICES: Visual Link Internet treats private communications on or through its network as strictly confidential and does not access, use or disclose the contents of private communications, except as required or permitted by law. Visual Link Internet has no obligation to monitor traffic on the Visual Link Internet network. However, the Customer understands and agrees that Visual Link Internet has the right to monitor traffic on the Visual Link Internet network from time to time in accordance with its Privacy Policy and with applicable law.


  1. FAIR ACCESS POLICY AND ACCEPTABLE USE POLICY: Visual Link Internet’s Fair Access Policy and its Acceptable Use Policy, which is available upon request from Visual Link Internet, or will be able to be found at www.visuallink.com (or the applicable successor URL). The Customer expressly warrants that the Customer agrees to be bound by Visual Link Internet’s Fair Access Policy and its Acceptable Use Policy. The Customer expressly understands and agrees that the Fair Access Policy and/or the Acceptable Use Policy may be updated or modified from time to time by Visual Link Internet, with or without notice to the Customer. Any such update or modification to the Fair Access Policy and/or the Acceptable Use Policy shall be posted to the above-listed website. Payment for Service subsequent to a change of policy will be deemed Customer’s acknowledgement and acceptance of said change. The Customer should consult the Fair Access Policy and the Acceptable Use Policy on a regular basis to ensure compliance. Visual Link Internet may terminate the Customer from the Service immediately for violation of its policies. Customer agrees to comply with the Visual Link Internet published Acceptable Use Policy.


  1. VISUAL LINK INTERNET’S RIGHT TO TERMINATE: If the Customer fails to comply with this Agreement, Visual Link Internet may declare Customer to be in default of this Agreement, and at its option and in addition to any other remedies provided herein, may immediately terminate the Agreement or provide written notice of action of termination. Visual Link Internet may terminate the Service immediately without notice in order to prevent a breach of network security or other violation of Visual Link Internet’s Acceptable Use Policy. No express or implied waiver by Visual Link Internet or any event of default shall in any way be, or be construed to be, a waiver of any further subsequent event of default. In the event of such termination, Customer shall be liable for any costs incurred by Visual Link Internet regarding the investigation of the violation.


  1. CUSTOMER’S RIGHT TO TERMINATE: If you move outside of our service area during the term of this agreement you have the option to cancel your contract with no early termination of Agreement Term fees, after all Visual Link Internet equipment is returned in satisfactory condition. Proof of actual change of residence to outside the service area of Visual Link Internet is required. You have the right to cancel this Agreement within the first month of free Internet Access Service. Any installations charges, or charges made for Customer’s equipment, are not refundable. Antenna removal charge applies and Visual Link Internet may charge you for any repairs that are necessitated by any damage to, or misuse of, Visual Link Internet equipment.


  1. MISCELLANEOUS:

    1. Entire Agreement: This Agreement and any related schedules constitute the entire Agreement with respect to the Service. A copy of a duly executed Agreement signed by both authorized parties shall be considered evidence of a valid agreement, and Visual Link Internet may rely on such copy of the Agreement as if it were the original signed Agreement. This Agreement supersedes and nullifies all prior understandings, promises and undertakings, if any, made orally or in writing by or on behalf of the parties with respect to the subject matter of this Agreement.

    2. Authorized Party: The Customer represents to Visual Link Internet that the Customer has the authority to execute, deliver and carry out the terms of the Agreement.

    3. No Rights or Remedies for Third Parties: This Agreement is not intended to give and does not give any rights or remedies to any person other then Visual Link Internet and the Customer.

    4. Governing Law: This Agreement and all matters arising out of or related to this Agreement shall be governed by the laws of the State of Virginia, without regard to conflicts of law provisions. The Customer agrees that the federal and state courts of Virginia alone have jurisdiction over all disputes arising under this Agreement and the Customer consents to personal jurisdiction of those courts with respect to any disputes arising under this Agreement.

    5. Severability: If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

    6. No Assignment or Transfer: The Customer may not assign this Agreement or its rights or obligations under this Agreement without Visual Link Internet’s prior written consent. The Service shall be provided to Customer at the specified premise address(es). The Customer may not transfer the Customer’s subscription or the Customer’s rights and obligations under the Agreement to any other person or to any other address without Visual Link Internet’s prior written consent.

    7. Waiver: Except as otherwise provided herein, the failure of Visual Link Internet to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.


  1. CHANGES: Visual Link Internet reserves the right to change the Terms and Conditions and to modify this Agreement at any time without notification to, or consent of Customer.


  1. AMBIGUITIES: Any ambiguities in this Agreement shall be interpreted in favor of Visual Link Internet.