Terms and Conditions
The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by End User, including, without limitation, purchase orders and specifications. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY END USER AT ANY TIME ARE HEREBY OBJECTED TO BY Pioneer Broadband, AND ANY SUCH DOCUMENTS SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE OR SERVICE RENDERED HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON Pioneer Broadband. No waiver or amendment to these terms and conditions shall be binding on Pioneer Broadband unless made in writing expressly stating that it is such a waiver or amendment and signed by an Officer of Pioneer Broadband.
The term of this Agreement ("Term") begins on the date that End User purchases Services and continues for the duration of the service period as defined by the service plan that is selected by End User ("Plan"). Subsequent terms of this Agreement automatically renew on a monthly basis without further action by End User unless End User gives Pioneer Broadband written notice of non-renewal at least thirty (30) days before the end of the monthly term in which the notice is given. End User is purchasing the Service for full monthly terms, meaning that if End User attempts to terminate Service prior to the end of a monthly term, End User will be responsible for the full month's charges to the end of the then-current term, including, without limitation, unbilled charges plus any applicable disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of the Services does not excuse the End User from paying all unpaid, accrued charges due in relation to the Agreement hereunder. If End User transfers or ports their phone number to a service provider other than Pioneer Broadband, End User must contact Pioneer Broadband to cancel the Services provided to End User by Pioneer Broadband. If End User chooses to cancel the service before the end of the current Term, Disconnection Fees may apply as set forth below.
Requirements for Pioneer Broadband Digital Phone Service; Service Availability
In addition to your responsibilities under the Subscriber Agreement, you are required to supply certain equipment such as a phone handset or equivalent, phone inside wire and outlets, and a powered electrical outlet. Other requirements to enable use of the Digital Phone Service may be posted on Pioneer Broadband’s website (currently at http://pioneerbroadband.net or on another website Pioneer Broadband designates). You are responsible for supplying and ensuring the equipment you supply is compatible with the Digital Phone Service and meets federal and other applicable standards. You represent you either own your equipment or have the right to use that equipment in connection with the Service. Pioneer Broadband shall have no obligation to service, maintain or provide you with equipment.
Limitations on 911, E911 and Emergency Dialing for Digital Phone Service; Relocation of Equipment.
You acknowledge that Pioneer Broadband described to you the limitations of the Digital Phone Service for 911 and E911 prior to your subscribing to the Service. In particular, you acknowledge you were informed that if you move any Pioneer Broadband Equipment, E911 or 911 may not function or may function improperly at the new location. If you relocate the Pioneer Broadband Equipment you must contact Pioneer Broadband for information on Digital Phone Service availability at the new location. If Pioneer Broadband phone service is available, you must update and register your new Service location with Pioneer Broadband in order to update your record. If Digital Phone Service at the new location is not available, your phone service will be terminated or suspended until you notify Pioneer Broadband that you have returned the Equipment to a location with Digital Phone Service availability and provide updated information for the new location. You acknowledge and agree that using or moving or attempting to use or move the Equipment or Digital Phone Service to a Service location without complying with this Section 2 is a violation of this Agreement and you do so at your own risk.
You further acknowledge and understand that the Digital Phone Service, in some ways, is not provided or configured like your traditional phone service, has limitations, and that installation, arranging to change or move your phone number or the Pioneer Broadband Equipment, including updating and processing your new Service location information, and the operation, repair and removal of the Digital Phone Service may delay or disrupt certain functions, including 911, E911 or emergency dialing capacity. You also understand that 911 or E911 functions are not automatically available through the Digital Phone Service and that you are required to take additional steps to obtain such functions. You understand that there may be a period of time, particularly during the period immediately after installation of the Digital Phone Service, including when moving the Equipment to another Service location, in which 911/E911 capabilities may not function or may not function properly. You agree to advise all persons who may have occasion to place calls over the Digital Phone Service of these limitations.
IN NO EVENT SHALL PIONEER BROADBAND, ITS AFFILIATES, ITS OR THEIR AGENTS OR SUPPLIERS, OR ITS OR THEIR OFFICERS, EMPLOYEES, REPRESENTATIVES OR CONTRACTORS, BE HELD LIABLE FOR ANY CLAIM, DAMAGE OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO 911, E911 OR EMERGENCY DIALING SERVICES OR THE ABSENCE OR DISRUPTION THEREOF ARISING FROM THE INSTALLATION, OPERATION OR ANY OTHER ASPECT OF THE Digital Phone Service. The foregoing sentence will survive termination or expiration of the Agreement for any reason.
Other Digital Phone Service Limitations. In addition to the aforementioned requirements and limitations, you acknowledge the following with respect to the Digital Phone Service:
Power Outages. You acknowledge and understand the Digital Phone Service as well as 911, E911 or emergency dialing may not function in the event of power failure. Should there be an interruption in the power supply the Digital Phone Service will not function until power is restored. A power failure or disruption may require you to reset or reconfigure Equipment prior to utilizing the Digital Phone Service.
No Battery Back-Up. The Equipment does not include a battery back-up, and a power failure or disruption will interrupt 911, E911 or other emergency dialing services and make it impossible to place such calls or reach emergency services over the Digital Phone Service.
Service Interruptions. You acknowledge and understand the Digital Phone Service may not function or may function improperly in the event of interruption of your broadband Service.
Home Security Systems and other Non-Voice Communications Equipment. All non-voice communications equipment, including but not limited to, home security systems that are set up to make automatic phone calls, fax machines, modems and medical monitoring devices (“Non-Voice Systems”), may not be compatible with the Digital Phone Service and may be interrupted or permanently disabled by installation or operation of the Digital Phone Service. IN ADDITION TO THE AFOREMENTIONED EXCLUSIONS AND LIMITATIONS AND , BY ACCEPTING THIS AGREEMENT, YOU WAIVE ANY CLAIM AGAINST PIONEER BROADBAND, ITS AFFILIATES, ITS OR THEIR AGENTS OR SUPPLIERS, AND ITS OR THEIR OFFICERS, EMPLOYEES, REPRESENTATIVES OR CONTRACTORS FOR INTERFERENCE WITH OR DISRUPTION OF SUCH NON-VOICE SYSTEMS DUE TO THE Digital Phone Service AND AGREE TO TAKE ALL NECESSARY STEPS TO RESTORE OR MAINTAIN SUCH EQUIPMENT OR Digital Phone Service IF YOU WISH TO CONTINUE USING THEM. The foregoing sentence will survive termination or expiration of the Agreement for any reason.
High-Risk Activities. As further discussed in Section , the Digital Phone Service is not represented as fail-safe. The Digital Phone Service is not designed for use in situations where error-free or uninterrupted service is essential. You expressly assume the risk of any damages from high-risk activities involving vital communications in which an error or interruption in the Digital Phone Service could lead to material injury to business, persons, property, or the environment. IN ADDITION TO THE EXCLUSIONS AND LIMITATIONS IN SECTIONS AND , BY ACCEPTING THIS AGREEMENT, YOU WAIVE ANY CLAIM AGAINST PIONEER BROADBAND, ITS AFFILIATES, ITS OR THEIR AGENTS OR SUPPLIERS, AND ITS OR THEIR OFFICERS, EMPLOYEES, REPRESENTATIVES OR CONTRACTORS RELATING TO HIGH-RISK ACTIVITIES. The foregoing sentence will survive termination or expiration of the Agreement for any reason.
Local Number Portability When Available
In the event you are not utilizing a new phone number for your Digital Phone Service, but rather are transferring an existing phone number which currently is subscribed to another service provider to the Digital Phone Service, the terms and conditions of this section shall apply:
You agree to cooperate fully with Pioneer Broadband and to provide promptly all information, including a letter of authorization or otherwise, as requested by Pioneer Broadband in connection with the processing of your order for Digital Phone Service;
You authorize Pioneer Broadband to process your order for Digital Phone Service and to notify your current service provider of your decision to switch your local, local toll and long distance services to the Service, and represent that you are authorized to take this action;
You agree and acknowledge that if you set up the Digital Phone Service prior to the date that the number switch becomes effective (the “Port Complete Date”), you will be able to make outgoing calls only over the Digital Phone Service and may not be able to make 911 or E911 calls over the Digital Phone Service. In such event, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Complete Date, after which you will be able to both make and receive calls using the Service; and
You agree and acknowledge that if the Service is not yet activated as of the Port Complete Date, your existing phone service for the number you are transferring will be disconnected and you will have no service for that line. Therefore, to avoid an interruption in your phone service, it is important that you install the Digital Phone Service prior to, or on, the Port Complete Date. An estimate of the Port Complete Date may be sent to you via e-mail by Pioneer Broadband following your completion of the ordering process, but this is only an estimate, not a guarantee of the Port Complete Date.
Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility, universal service or other similar taxes. All such taxes shall be paid by End User and will be added to any amounts otherwise charged to End User unless End User provides Pioneer Broadband with an appropriate exemption certificate. If any amounts paid for the Services by End User are refunded by Pioneer Broadband, applicable taxes may not be refundable.
End User acknowledges and agrees that the Services are provided "as is, where is." Credit allowances for interruption of the Services shall not be provided.
End User agrees that the use of the Service and/or Equipment for activities other than reasonable personal residential use will obligate End User to pay Pioneer Broadband's higher rates for business services for all periods of such use, including past periods, in which End User used the Service for commercial or governmental purposes. If End User subscribes to Pioneer Broadband Virtual Office or another business plan ("Business Plans"), the Service and Equipment are provided to End User as a small business user. This means that End User is not to resell or transfer the service or Equipment to any other person for any purpose, without express written permission from Pioneer Broadband in advance. End User agrees that Pioneer Broadband Business Plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. Pioneer Broadband reserves the right to immediately terminate or modify the Service, if Pioneer Broadband determines, in its sole discretion, that End User's Business Plans' Service is being used for any of the aforementioned activities.
Pioneer Broadband utilizes the public Internet and third party networks to provide fax, voice and video communication services. Accordingly, Pioneer Broadband cannot guarantee the security of fax, voice and video communications of End User. Pioneer Broadband is committed to respecting an End User's privacy. Once End User chooses to provide personally identifiable information, it will only be used in the context of the End User's relationship with Pioneer Broadband. Pioneer Broadband will not sell, rent, or lease End Users' personally identifiable information to others. Unless required by law or subpoena or if End User's prior permission is obtained, Pioneer Broadband will only share the personal data End User provides with other Pioneer Broadband entities and/or business partners that are acting on Pioneer Broadband's behalf to complete the activities described herein. Such Pioneer Broadband entities and/or national or international business partners are governed by Pioneer Broadband's privacy policies with respect to the use of this data. Pioneer Broadband is required to file numerous reports with different administrative bodies. As such, Pioneer Broadband may provide aggregate statistics about customers, sales and traffic patterns. None of these reports or statistics will include personally identifiable information. However, Pioneer Broadband reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either Pioneer Broadband or any company affiliated with Pioneer Broadband. Moreover, upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, Pioneer Broadband may disclose personally identifiable information.
Equipment Location; Tampering with the Pioneer Broadband Equipment.
You agree that the Pioneer Broadband Equipment and the Digital Phone Service may be used only at the Service location appearing in Pioneer Broadband’s records. You agree not to change the electronic serial number or identifier of the Pioneer Broadband Equipment, or to perform a factory reset of the Equipment, without express permission from Pioneer Broadband in each instance. Pioneer Broadband reserves the right to terminate your Service should you tamper with the Pioneer Broadband Equipment or use or modify it in a manner not authorized by Pioneer Broadband. You also agree to keep the 911/E911 warning sticker that Pioneer Broadband provides you when you order Digital Phone Service on or near the applicable Equipment. Violation of this provision may result in a charge for the Equipment.
Changes to terms and conditions
Pioneer Broadband reserves the right to modify any of the terms and conditions provided herein from time to time by posting the changes on pioneerbroadband.net and notifying you by email. Such changes may include but are not limited to changes in rates, coverage or features and unless otherwise indicated, become effective immediately after the changes are posted on the Pioneer Broadband web site. If you are unwilling to accept the changes in the service, you may terminate your Digital Phone Service pursuant to the process identified in the Subscriber Terms and Conditions.