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Purecom Terms of Service

Purecom strives to provide the most reliable and robust Internet services available. To ensure quality service for each of our customers the following terms and conditions have been adopted. By subscribing to Purecom services, you understand and agree to these terms of service and any future modifications or additions to this document.

Broadband Services

Service Term

Purecom requires all broadband installations and inbound switches to commit to an initial service term at least twelve months in length. Service terms may be extended for additional monthly increments due to specific offerings or promotional terms. Service terms are required to offset associated costs of service acquisition, and for Purecom to maintain innovative broadband policies and service features for a sustained period of time. Your initial service term begins once our vendor declares your circuit as up and running on Purecom's network, referred to as your Installation or Activation Date. In the event of a service move (if you move and have the service installed at the new location), a new initial service term will begin again from the date of activation at the new location. Additionally, in the event of a switch from another ISP to Purecom, the initial service term will begin from the date that the ISP switch is completed. Requests to have your circuit switched to an alternate service provider at anytime during an active service term with a specific order will be subject to an Outbound Switch Fee to cover Purecom's provisioning expenses.

Service Installation

Purecom is not responsible for loss of income or time due to an order not being completed within the time frame desired, service outages, missed CLEC or ILEC appointments, and/or Trouble Ticket dispatches. Should a new order be placed for line-sharing DSL on a voice line with existing DSL service, a vendor may find it necessary to migrate that service in order to complete your installation. This may occur without warning during the course of your order. You are ultimately responsible for identifying this prior to initial order placement as well as handling any outstanding contractual obligations with your former DSL provider. For most installation and/or truck roll dates, an individual over the age of 18 must be present to grant access into the home, garage, apartment building, basement, phone closet, etc. so the technician can complete his or her work. In the event that there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Purecom at least 2 business days in advance, there will be a Missed Appointment Fee. Similarly, a No Access Fee will be charged if a technician is denied access to the phone closet (NID or Demarc) due to a locked facility, or by the actions of others. If Inside Wiring is pre-authorized during order placement, you are in turn financially responsible for any and all applicable Inside Wiring Fees. If you choose not to pre-authorize Inside Wiring work, and it is determined that additional wiring is needed to complete your installation, it is your responsibility to ensure the necessary wiring is completed by yourself or a third party vendor. The Installation technician will supply your CPE (Customer Premise Equipment), and service will be considered Activated once the line from the Central Office to your phone box is verified as running. The maximum number of phone line filters recommended on any line sharing order is three. Additional phone lines/filters may interfere with the quality of your DSL service.

Service Guarantee

DSL Digital Subscriber Line is a complex technology with known limitations that must be acknowledged, however, Purecom will do its best to provide you the maximum speed of the line you are ultimately delivered. The availability targets referenced below do not account for scheduled outages on Purecom's network or events outside of Purecom's control, including, but not limited to, force majeure events or Customer equipment outages. ADSL: The throughput you receive can vary from line to line depending on a variety of factors such as Internal Wiring, line quality, location, Internet traffic, and other variables outside of Purecom's control. Due to this, Purecom provides ADSL as a best effort service, and cannot guarantee upload or download speeds. Credits for service outages due to vendor or ILEC issues are issued only after the circuit in question has been out of operation for at least 72 hours. This is measured from the time a vendor Trouble Ticket is created, and indicated by the time stamp on the Trouble Ticket. If you are experiencing a service outage, please contact our support team as soon as possible to begin proper troubleshooting. ClearLink™ ADSL: The service guarantees described below only apply to Business ClearLink™ and Business ClearLink™ Plus packages. Purecom provides an uptime availability target of 99% for ClearLink™ services each calendar month. If Purecom fails to meet the availability target for a particular month, you may request a credit for 3% of your package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if through no fault of your own no traffic is exchanged on the line, or Purecom is unable to ping your otherwise correctly installed router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket. Purecom's target response time for initializing service restoration following phone notification of a ClearLink™ ADSL service outage is 36 hours. If Purecom is unable to meet this target response time, you may request a credit for 10% your package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits combined with any other credits for which you are eligible during a calendar month exceed the total of your package's monthly recurring charge. SDSL and IDSL: The service guarantees described below do not apply to Residential-class IDSL services. Purecom provides an uptime availability target of 99.9% for SDSL or IDSL services each calendar month. If Purecom fails to meet the availability target for a particular month, you may request a credit for 3% of your package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Purecom is unable to ping your router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket. Purecom's target response time for initializing service restoration following phone notification of a SDSL or IDSL service outage is 24 hours. If Purecom is unable to meet this target response time, you may request a credit for 10% your package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of your package's monthly recurring charge. T1: Purecom will make every effort to install your T1 circuit within 40 calendar days of your date of order. In the event that we fail to meet this target, you are eligible for a credit of 50% of your first monthly recurring charge. To claim this credit, you must request it from your account manager within 30 calendar days of your installation date. This guarantee does not apply to pre-installation cancellations due to technical limitations. Purecom provides an uptime availability target of 99.99% for T1 services each calendar month. If Purecom fails to meet the availability target for a particular month, you may request a credit for 3% of your package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Purecom is unable to ping your router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket. Purecom's target response time for initializing service restoration following phone notification of a T1 service outage is 4 hours. If Purecom is unable to meet this target response time, you may request a credit for 10% of your package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of your package's monthly recurring charge. Purecom guarantees a maximum average latency of 110 milliseconds from your router to a test point on the Purecom network. Average latency is the hourly average of the latency tests performed on a T1 circuit. Average latency is not measured when a T1 is experiencing a service outage. Should your average latency exceed the guaranteed maximum in a calendar month you are eligible for a credit equal to one day's worth of service. Packet return is guaranteed at a minimum hourly average of 99.8% from your router to a test point on the Purecom network. Packet return is not measured when a T1 is experiencing a service outage. You are eligible for a credit equal to one day's worth of service for each hour that your packet return rate is below the minimum. A maximum of 3 days' worth of service shall be credited for packet loss in a calendar month. Test points for both latency and packet loss guarantees are designated by Purecom and may be your gateway router or a server within your Purecom Point of Presence. Testing must be done in a period where the only traffic on the T1 circuit is the test traffic. In the case of continuous high latency or packet loss exceeding our service guarantees, Purecom reserves the right to recommend the disconnection of your service without penalty. All Broadband Services: Purecom does not guarantee "ping times" for any product. Ping times are often misunderstood as indicative of throughput or speed of your line. If you have any questions or concerns regarding ping times or throughput, please contact Purecom Customer Support via the Purecom Customer Portal (login required). All Purecom-provided customer premise equipment is pre-configured for the service ordered. Purecom technicians know your equipment, and can make any changes needed after your service is installed. Support for the hardware configuration comes with the service; customer modifications that make the hardware inaccessible remotely to Purecom technicians will result in billable configuration/repair by Purecom and/or vendor technicians. If you provide your own equipment, arrangements must be made during order placement. Purecom cannot guarantee your hardware's compatibility with our services or our ability to support it. If a technician visit is required to reconfigure pre-owned or non-Purecom provided hardware, an additional charge may be involved. If you require the password to access your router, Purecom provides no warranty on the hardware configuration and is no longer responsible for the repair or reconfiguration of the router. If a vendor technician dispatch is necessary to repair any non-Purecom/non-vendor initiated changes to the on-site equipment or wiring that renders that device inoperable or unreachable by Purecom remotely, hardware reconfigurations, or hardware repairs not covered under warranty, there will be a Technician Dispatch Fee. Dispatch Time spent on site and/or additional repairs may be billed per vendor discretion. This does not apply to dispatches needed for a repair due to normal service outages unless deemed necessary by our vendors. Other than as specifically described in these Terms of Service, Purecom makes no guarantee or warranty of any kind. Purecom does not warrant or guarantee that its service is fit for your particular purpose. Purecom does not warrant or guarantee that its service meets any implied warranty of merchantability. Purecom does not warrant or guarantee that its service meets any other implied warranty or guarantee and specifically disclaims any other implied warranties or guarantees.

Disconnection Policy

It is the responsibility of the account holder to notify Purecom of cancellation via phone. Returning hardware, completion of service term, or cessation of payment does not constitute notification of cancellation. PRIOR TO ACTIVATION - Cancellations within 72 hours of order placement will not be subject to penalty. Cancellations Requested before the Activation Date and after 72 hours from initial order placement will be subject to a Processing Fee. If your order has not been installed after 60 calendar days, you may cancel without penalty. There are no associated penalties for orders canceled by Purecom or its vendors due to technical limitations. FOLLOWING ACTIVATION - Purecom offers a 25-day Trial Period on all ADSL services. If you feel that you must cancel your ADSL service within 25 calendar days of your Activation Date you may do so without being subject to a Disconnection Fee. Any outstanding Monthly Service, Installation, Missed Appointment, No Access, Internal Wiring, or Promotional Fees will apply. If your ADSL service is disconnected or terminated after 25 calendar days from your Activation Date and prior to end of your initial service term, or at anytime during an extended service term with that specific order, you will incur a Disconnection Fee. Purecom does not offer a Trial Period on SDSL, IDSL or T1 services. If your SDSL, IDSL or T1 service is disconnected or terminated after your Activation Date and prior to end of your initial service term, or at anytime during an extended service term with that specific order, you will incur a Disconnection Fee. Any outstanding Monthly Service, Installation, Missed Appointment, No Access, Internal Wiring, or Promotional Fees will apply.

VoIP Services

Purecom VoIP Terms of Service

Purecom VoIP Services are subject to the terms and conditions detailed in the Purecom VoIP Terms of Service document located at http://www.purecom.com/legal_voip_terms_of_service.php

Web Services

Web Hosting and Email Services

In addition to the other terms provided in this document, the following terms apply specifically to customers utilizing Purecom's Hosting Services. Per our Acceptable Use Policy, should your website utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, Purecom reserves the right to request that you either upgrade your web hosting service package or reduce your website's use of resources to an acceptable level. Purecom will be the sole arbiter of what is considered to be an excessive amount of server resources. Purecom reserves the right to suspend or shut down any Web Hosting account deemed to adversely affect server performance or network integrity. Purecom strictly prohibits bulk, unsolicited email and related practices, as defined by our Acceptable Use Policy. Scripts that pose a potential security risk and/or are deemed to adversely affect server performance or network integrity will be shut down or removed without prior notice. Purecom does not allow IRC clients or IRC bots to be hosted and operated on its web-hosting servers. All content hosted on Purecom's servers are subject to our Acceptable Use Policy. Purecom servers may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to, Intellectual Property Rights Infringement, child pornography and material that constitutes an illegal threat or violates export control laws. Purecom may modify from time to time, and in any way, without limitation, any data, software, or hardware used to provide customers with Purecom's services. Certain changes to Purecom's services may affect the operation of customers' personalized applications and content. While Purecom will work with its customers to provide proper notice of such changes, each customer is solely responsible, and Purecom is not liable, for any and all such personalized applications and content, except as expressly agreed to by Purecom. Customers are solely and entirely responsible for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Purecom services. Any mention of non-Purecom products by Purecom and its employees is for information purposes only and does not constitute an endorsement or recommendation by Purecom. Purecom disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Purecom products or services.

Miscellaneous

Acceptable Use Policy

You are ultimately responsible for any and all activity that originates from your Internet circuit regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends and guests. This also applies to security breaches of your own system by others who launch attacks from your machine. It is absolutely imperative that everyone with an Internet connection takes proper precautions to ensure the security of their machine. You are liable and accountable for any activity originating from any of your Purecom account services that are deemed to be in violation of our Acceptable Use Policy. Purecom vigorously pursues all instances of abuse. If you feel you have been attacked or spammed, please notify Purecom's Abuse Department and appropriate action can be taken. In the event of activity which could be considered deliberately or otherwise abusive or in violation of this Acceptable Use Policy, Purecom reserves the right to suspend and/or terminate your account and all Purecom-provided services immediately, without advanced notice. Purecom reserves the right, at its sole discretion, to make a determination of what constitutes abuse and you agree that Purecom's determination is final and binding on you. The following activities are considered in violation of Purecom's Acceptable Use Policy: Intellectual Property Rights Infringement: Purecom respects the intellectual property rights granted under the US copyright laws and the interests of subscribers and content providers on the Internet. You may not store material on, or transmit material over, Purecom, LLC's information systems or servers in any manner that infringes the intellectual property rights of any entity or individual. All notices received by Purecom indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account holder on file, accompanied by a request to verify and possibly cease and desist. Purecom, LLC's policy of service suspension or termination of members deemed to infringing the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act ("DMCA") as well as US copyright law. Denial of Service: The use of your connection to facilitate any activity that deliberately impairs another entity, individual or machine from accessing their computer or Internet connection is in violation. Hacking: Any member accessing or attempting to access the machines or accounts of others or any other attempts to breach the security of other systems, regardless of success or failure, is in violation. This also applies to unauthorized mail or web relay/proxy access attempts and port scans. E-Mail Spam: Transmission of unsolicited e-mail from anywhere within our network, distributing unsolicited, commercial, email which advertises any portion of Purecom's network, IP or domain space, hosting content for the purpose of spamming (such as bulk e-mail distribution lists) or providing support services (such as DNS) for anyone intending to conduct such activity is in violation. Newsgroup Spam: Posting of messages to newsgroups that are off-topic or mass posting of messages to news groups is in violation. Dissemination of Viruses: Intentional release of malicious software that is an attempt to cause damage or harassment to persons and/or machines is in violation. Additionally, repeated demonstrated neglect of equipment on the network which causes malicious traffic or allows unsolicited emails to be sent to other customers or third parties is in violation. Personnel Abuse: Personal threats, sexual harassment, profanity and vulgarities of any sort directed toward Purecom personnel are considered in violation and will not be tolerated. As an ISP, Purecom's bottom line is determined partially by the amount of bandwidth customers utilize. Purecom can normally balance that cost and utilization while continuing to provide great service to all customers. Customers will not be charged for the bandwidth consumed, nor do we have specific limits or caps on that bandwidth. If you utilize any of your Purecom services in a manner which consumes excessive bandwidth or affects Purecom's core equipment, overall network performance, or other users' services, Purecom may require that you cease or alter these activities. Purecom does not allow customers authoritative control of their own reverse DNS within the purecom.net domain. The resale of residential-class services is strictly prohibited. Collection of service fees from third party customers on behalf of a Purecom residential-class service is allowed only if the primary account holder has subscribed to a service package defined by Purecom to promote connection sharing of any type. This includes but is not limited to both wireless and wired connection sharing. Purecom believes in the right of the individual to publish information they feel is important to the world via the Internet. Unlike many ISPs, Purecom allows customers to run servers (web, mail, etc.) over their Internet connections, use hubs, and share networks in multiple locations. Any service that causes a disruption in the network integrity of Purecom or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: IRC servers, adult-content servers, bots, webpages hosted on any Purecom servers, servers connected to a Purecom provided Internet connection, or shared networks. Purecom reserves the right to modify or terminate services at our sole discretion.

Email Communication

Purecom communicates with customers primarily via email. You agree that sending a message to your contact email address is our agreed upon means of providing notification. All Purecom Internet services come with at least one email account. It is required that you routinely check this email account, or in the event that you have another email account that you prefer to use, make arrangements to forward your Purecom email to your preferred account. You can set up or change your forwarding by logging into your E-Mail Control Panel. Your Purecom email account is used to communicate vital information about your services, billing, service outages, and enhancements or changes to your existing services. This information is time-sensitive in nature. It is required that you read any email sent to your account to avoid any potential interruptions in your service.

Account Billing and Payment

Purecom reserves the right to perform a credit/background check as part of the qualification process prior to order placement and to either cancel the order without liability to either party or require prepayment of certain charges based on the results of this check. Billing will commence on your Activation Date (i.e. The day our vendor declares your circuit installed, inbound switch completed, or your Domain Hosting, or other service account created.) You will be financially responsible for all service time thereafter unless Purecom is notified within a timely manner of an outstanding issue which Purecom deems to justify service credit. All additions to your existing service package are recognized as non-refundable regardless of usage. Service fees may include applicable state and federal taxes and fees in addition to the advertised rate. Bill Accounts will be invoiced solely via email unless a physical paper invoice is requested for an additional charge per invoice. Purecom charges for its service continuously regardless of whether or not you are using it because we continue to maintain your connection, reserve IP space, accept mail and keep files you have saved in your account on our servers. This is also true of accounts that are Frozen (denied access) due to non-payment. Should you opt to terminate your Purecom service(s), you must contact us via telephone on the effective date. All disconnection requests will be processed on the date the request is received. This applies to both total account and single service terminations. Broadband services are also subject to our Disconnection Policy. Bill Accounts will be invoiced 30 days prior to the start of each regular monthly service period. Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice's Due Date. All payments will be applied to the oldest unpaid invoice in relation to your account's bill cycle. For example, if your Bill Account's Invoice Date is the 15th of the month and payment remains past due until the 28th, Accounts Receivable will apply your payment back to the previous month, forwarding your Due Date for current charges to the 15th of the following month. You will need to make another payment before the 15th to keep your account from becoming past due again. If a payment in any form is recovered or otherwise not paid by your financial institution, there will be a Returned Payment Fee. Bill Accounts are automatically setup for credit card or ACH (Automated Clearing House) autorenewal by default, using the credit card or ACH information provided during the order process. To update your credit card or bank account information please visit the Purecom Customer Portal (login required). Purecom will make every effort to process autorenew payments from your credit card or bank account 7 days prior to each invoice's due date. Purecom reserves the right to charge the credit card on file if your ACH payment is cancelled, fails to process through the Automated Clearing House (ACH), or if your account, regardless of autorenew status, remains past due. Purecom reserves the right to terminate Bill Accounts that remain past due at its final discretion. Upon termination, services on the account will be discontinued and all files will be removed from our servers without further notice. Any applicable Disconnection Fees will be applied and due at that time. If you wish to reinstate service with Purecom, you will be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance. If your account is permanently deleted, your username may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.

Termination Policy

Purecom has the right to terminate your service at its sole discretion, as determined by Purecom's Acceptable Use Policy. Customers within an active service term that are terminated due to violation of Purecom's Acceptable Use Policy will be assessed a standard Disconnection Fee. All customers terminated for this reason are liable for any and all outstanding funds due to Purecom at the time of service termination, including but not limited to rendered service, hardware and installation fees.

Non-Recurring Charges

CHARGES ARE SUBJECT TO CHANGE AT PURECOM'S SOLE DISCRETION. Please reference Purecom's Terms of Service for full description of charges. Disconnection Fees: Standard ADSL Disconnection Fee: You will be charged a $199 Disconnection Fee for any specific individual ADSL circuit order that is disconnected or terminated prior to the end of its then current service term. Standard IDSL Disconnection Fee: You will be charged a $199 Disconnection Fee for any specific individual IDSL circuit order that is disconnected or terminated prior to the end of its then current service term. Standard SDSL Disconnection Fee: You will be charged a $199 Disconnection Fee for any specific individual SDSL circuit order that is disconnected or terminated prior to the end of its then current service term. Standard T1 Disconnection Fee: You will be charged a $299 Disconnection Fee for any specific individual T1 circuit order that is disconnected or terminated prior to the end of its then current service term. You will also be liable for the full amount (including the Purecom paid portion) of any Construction or Special Access charges approved by you. Dispatch Time is charged per vendor discretion for time spent on site during a dispatch. Covad charges are $20 per whole or partial 15 minutes. Inside Wiring Fee of $150 for the initial hour, $100 per hour there after. $99 Missed Appointment Fee if there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Purecom at least 2 business days in advance. $99 No Access Fee if a technician is denied access to the phone closet (NID or Demarc) due to a locked facility, or by the actions of others. $199 Outbound Switch Fee for all requests to have your broadband circuit switched to an alternate service provider at any time during the first year of service with a specific order. Processing Fees: ADSL Processing Fee: You will be charged a $49 Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date. SDSL Processing Fee: You will be charged a $99 Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date. IDSL Processing Fee: You will be charged a $99 Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date. T1 Processing Fee: You will be charged a $249 Processing Fee in addition to any Construction/Special Access (including the Purecom paid portion thereof) or Special (Non-Standard) Installation Fees you approved for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date. $49 Retrieval Fee applied for all requests of data retrieval from Purecom's servers. $25 Returned Payment Fee if a payment in any form is recovered or otherwise not paid by your financial institution. $199 Technician Dispatch Fee if a vendor technician dispatch is necessary to repair any non-Purecom/non-vendor initiated changes to the on-site equipment or wiring that renders that device inoperable or unreachable by Purecom remotely, hardware reconfigurations, or hardware repairs not covered under warranty. Additional repairs may be billed per vendor discretion.

Liability and Limitations

Purecom is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other Purecom customer, whether legal or illegal; or any other goods or services provided by Purecom or any of its vendors. In no event shall Purecom be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the preceding year. The technical support that Purecom provides is limited to the connectivity itself and assistance with configuring your computer and/or browser and email applications to work with our services. Support for other applications and uses is not provided or implied unless it is a specifically contracted service.