Terms and Conditions
I understand that someone 18 years of age or older must be at the service location for the entire installation process. I agree that if a technician arrives and no one meeting the age requirement is available that I may be subject to a rescheduling fee of up to $100. I understand that not paying my due balance does not constitute cancellation of service and that I am required to call Conexa to cancel my service. I agree that I am responsible for all charges that occur while my service is active. Internet download and upload speeds may vary based on location, network congestion, site traffic, content provider server capacity, internal network management factors, and customer device capabilities. I understand that my installation will be completed by a technician from AT&T.
PLEASE READ THIS AGREEMENT CAREFULLY. This is a binding agreement between you (the Account holder), and the CONEXA entity that provides the Service. Your registration, payment for, or use of the Service constitutes your agreement to be bound by the charges, terms, and conditions set forth in this Agreement, including those incorporated by reference.
IMPORTANT: THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. PARAGRAPH 13 REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PARAGRAPH 19 LIMITS CONEXA’S LIABILITY. ARBITRATION TERMS FOR BUSINESS CUSTOMERS ARE SET FORTH ON SCHEDULE 1. PLEASE READ THEM CAREFULLY.
This Agreement is based on four general principles. First, CONEXA supports our customers’ right to free expression. Second, CONEXA will give our customers clear notice of any meaningful limitations on the Services. Third, CONEXA will give our customers clear information about the experience they can expect when using the Services. Fourth, CONEXA will provide consumer high speed Internet access service.
- Changes to this Agreement
From time to time, we may change this Agreement. We will provide you with notice of material changes via either your Account contact e-mail address or any other email address you provide, posting online at , recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, or call to your billed telephone number or U.S. mail. It is your responsibility to check for any such notices. Your continued subscription to the Service after the effective date of the change constitutes your acceptance of such changes.
- CONEXA High Speed Internet Service
- Service Description.CONEXA High Speed Internet Service (referred to as “the Service”) is composed of narrowband or broadband access to Internet, and offers you a capability for acquiring or retrieving information from; generating, storing, transforming, processing, or utilizing information on; or making available information to other Internet end points connected directly or indirectly to CONEXA’s network. Because the Internet consists of multiple interconnected networks and most Internet end points (e.g., websites and other content providers) are not directly connected to CONEXA’s network, CONEXA must connect to and exchange traffic with other networks to provide its subscribers the capability of uploading data to or downloading data from Internet end points that are connected to those networks. To that end, CONEXA has entered into commercially negotiated agreements to exchange traffic with such networks on mutually agreeable terms. Consistent with its longstanding practice, CONEXA does not warrant that it will establish or expand the connections between its network and other networks except on such mutually agreeable terms. To the extent CONEXA is unable to reach agreement on terms of interconnection or network expansion with these other networks it could affect your service. CONEXA therefore makes no promise express or implied that you will be able to upload data to or download data from Internet end points connected to other networks at any particular speed.
Like the other networks that make up the Internet, CONEXA’s is a shared network, which means that the transmission links and other network resources used to provide the Service are shared among CONEXA’s subscribers. CONEXA manages this network for the benefit of all users based on a variety of factors, and our technical expertise.
- Speed, Service Capability Speed Ranges, and Conditions that May Impact Service Performance.The term speed is commonly used as a shorthand way to describe the capacity at which a particular broadband internet access service can transmit data. This capacity is typically measured in the number of kilobits, megabits or gigabits that can be transmitted in one second (Kbps, Mbps or Gbps). Some applications like a short email without attachments or basic web browsing do not require high service capability speeds to function optimally, while other activities like transferring large data files can be performed faster with higher-speed services. Your service capability speed may not be suitable for some applications, particularly those involving real-time or near real-time, high-bandwidth uses such as streaming video or video conferencing.
Our wired broadband Internet access customers should expect to see service capability speeds between 1.5Mbps and 7.5Mbps for the basic plan. “Turbo” plans may offer speeds between 17Mbps and 25Mbps. The high-end of this range represents expected maximum speed capabilities.
Because service performance varies on an end-to-end basis, CONEXA’s service capability speeds are limited to, and measured between, your location and a point on CONEXA’s network, which constitutes only one segment of the end to end transmission path connecting the end user to Internet websites or content providers. End-to-end performance of your Service depends on a variety of factors, including (but not limited to): the number of subscribers simultaneously using the network; customer location; destination and traffic on the Internet; Wi-Fi connectivity; interference with high frequency spectrum on your telephone line; wiring inside your premises, office or apartment; the capacity or performance of your devices or modem; the server with which you are communicating; internal network management factors (including Overhead, which refers to the various control and signaling data required to achieve the reliable transmission of Internet access data); and the networks you and others are using when communicating. In addition, your use of other CONEXA services that share the capacity of your broadband connection with the Service may impact the amount of capacity available for your use of the Service at that particular time and thus affect the performance of the Service. Consequently, CONEXA does not guarantee the performance of your service on an end-to-end basis.
- IP Addresses. CONEXA High Speed Internet and CONEXA Business High Speed Internet Services are provided with a dynamic Internet Protocol (“IP”) address, a static IP address, multiple static IP address service (as applicable), or a privately managed IP address utilizing CGN (Carrier Gateway NAT) technology, at CONEXA’s sole discretion. Static IP addresses are not available with all speeds. The dynamic IP address is a single Internet address intended for use with a single Member Account and any associated Authorized Users. The static IP address or multiple static IP address is intended for use with a single computer or a network of computer/servers. You may not use the Service in a manner that is inconsistent with these intended uses. CONEXA High Speed Internet services will support both IPV6 and IPV4 Internet addresses; however, to reach IPv6-exclusive Internet content, some of your equipment may require upgrades or replacement.
- Availability.The Service is not available in all areas, and may not be available at certain speeds (or at all) at your location, even if our initial testing indicated that your line qualified for a particular speed or Service.
- Service/Site Changes.CONEXA reserves the right to modify or discontinue the Service or Site (including rates and charges), temporarily or permanently. If CONEXA makes a change that would have a material impact on your Service, CONEXA will give you notice. Your continued subscription to the Service after the effective date of the change constitutes your acceptance of the changes and the associated terms and conditions. In lieu of notice and website posting, CONEXA may instead, at its sole discretion, require customers to enter into an agreement with CONEXA regarding temporary material changes.
- Conversion from DSL to Broadband High Speed Internet.When CONEXA is able to provision Broadband High Speed Internet Service at your location, we may, in our discretion, discontinue your DSL service and make available to you CONEXA Broadband High Speed Internet at the then applicable Broadband rates, terms and conditions, which may differ from your previous DSL Service rates, terms and conditions.
Your new CONEXA Broadband High Speed Internet will require different customer premises equipment (“CPE”). When you are selected for conversion, we will provide at least thirty days’ notice of the discontinuation or suspension of your service via e-mail, direct mail, bill page message, or bill insert. Thirty days after such notice, we may at our sole discretion, either disconnect your service, or temporarily suspend your service for up to fifteen days.
- Data Usage.CONEXA does not cap or throttle data usage unless an account is delinquent in payment.
- Registration and Membership
When you complete the registration process for the Site or the Service, you become the “Account” holder. You must be 18 years or older to be an Account holder. Customers of the Service may also create up to ten “Authorized Users”. Each Authorized User will also be required to accept this Agreement. The Account holder is responsible for all activity associated with the Account and any of its Authorized Users, including all fees and charges, whether the charges are incurred by the Account holder or the Authorized Users.
All information that you provide to CONEXA must be accurate, including your name, address, credit or charge card numbers and expiration dates, and any payment information (“Registration Data”). You are responsible for keeping such information up-to-date and must provide changes promptly to the CONEXA Customer Service by calling 1-866-280-0048.
- Plans, Bundle Discounts.CONEXA is a no contract service. In the event that we add additional services to our packages or plans we reserve the right to offer these new services to existing customers. We may offer Bundle Discounts based on the purchase of 2 or more packages or plans, should they be available to the customer.
- Offer of Additional Plans and Options.CONEXA offers two tiers of service for Residential and Business Customers. Our standard package for each customer category and a higher-speed “Turbo” package for locations that qualify for the service. Availability of the “Turbo” service is limited to the locations that have the network capability to sustain their speeds.
- Termination or Cancellation of Service
- Cancellation of Service by Customer.The customer is responsible for contacting CONEXA and cancelling their service. You can cancel your CONEXA service at any time by calling 1-866-280-0048. There are no termination fees, but the customer is responsible for any remaining balance on their account.
- Suspension/Termination by CONEXA.CONEXA respects freedom of expression and believes it is a foundation of our free society to express differing points of view. CONEXA will not terminate, disconnect or suspend Service because of the views you or we express on public policy matters, political issues or political campaigns. CONEXA may, however, immediately terminate or suspend your Account and Authorized Users, and all or a portion of your Service without notice if: (a) you provide false or inaccurate information to CONEXA; (b) you (or an Authorized User associated with your Account ID) violate this Agreement or the CONEXA Acceptable Use Policy; (c) you (or an Authorized User associated with your Account ID) engage in conduct that is a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); or (d) if you engage in conduct that is threatening, abusive or harassing to CONEXA or its employees, including, for example, making threats to physically harm or damage employee or company property; frequent use of profane or vulgar language; or repeatedly contacting our customer service representatives for reasons that do not pertain to our provisioning, maintenance, repair or general servicing of your Service after you have been asked to stop such conduct. You may also be subject to suspension or termination pursuant to Section 6 herein entitled “Payment”.
If we terminate or suspend your Service, your license to use any software provided in connection with the Service is also terminated or suspended (as applicable). If your Service is terminated, CONEXA has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges for the Service through the date of termination. Should you wish to resume Service after any suspension, a restoral of service fee may apply. This fee is in addition to all past due charges and other fees.
Service customers agree to pay: (1) the monthly fee specified when you ordered your Service; (2) activation fees, connection and/or installation charges (3) service continuation fees, restoral of Service fees and other applicable Service charges; and (4) any applicable taxes, recovery fees and surcharges which CONEXA pays to municipalities and other governmental entities and may pass on to you.
- Credit Check.CONEXA does not require a credit check or referral.
- Billing.Billing will begin when Service is provisioned (successful installation and confirmation of service) by CONEXA.
- Method of Payment.Your monthly charges may be billed via a monthly CONEXA bill or through auto-pay to a credit or debit card, ACH, or other methods as made available.
- Credit Card Billing.You hereby authorize CONEXA to charge and/or place a hold on your credit card with respect to any unpaid charges for Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that this Agreement shall be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that this Agreement shall be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize CONEXA and/or any other company who bills products or services, or acts as billing agent for CONEXA to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide CONEXA with updated credit card information upon CONEXA’s request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither CONEXA nor any CONEXA affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at CONEXA’s option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If the state law where you receive the Service requires a fee, we may charge you that amount.
- Online Billing for CONEXA.You will be able to view and pay your bill online by logging on to your personal CONEXA Account (username and password required).
You understand that you have sole responsibility for the security of your password and you are solely responsible for notifying CONEXA if your password is lost or stolen. CONEXA is not liable for any claims, costs, damages, or expenses arising from a lost misplaced, or stolen password. If you have forgotten your password or want to change your password for any reason, you may request to reset your password online. It is your responsibility to notify CONEXA immediately if your contact information changes.
- Late Payment & Failure to Pay. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of CONEXA rights to collect the full amount due. Notice of any disputes must be in writing and received by us within 30 days after you received your bill or you will waive any objection. CONEXA may suspend or terminate Service if your payment is past due. If CONEXA suspends your service for non-payment, you must pay all past due amounts in order to have service restored, and you may also, at CONEXA’s sole discretion, be required to pay a service restoral fee. In the event you fail to pay CONEXA or CONEXA is unable to bill charges to your credit card, CONEXA may assign unpaid late balances to a collection agency. You expressly authorize, and specifically consent to allowing, CONEXA and/or its outside collection agencies, outside counsel, or other agents to contact you in connection with any and all matters relating to unpaid past due charges billed by CONEXA to you. You agree that, for attempts to collect unpaid past due charges, such contact may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address that you have provided, or may in the future provide, to CONEXA. For attempts to collect unpaid charges, you agree that in addition to individual persons’ attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.
- Returned Checks and other Instruments.If any check, or other instrument is tendered by you and returned unpaid by a financial institution for any reason you will be charged a fee.
- Bill Inquiries and Refunds.If you believe you have been billed in error for the Services, please notify us within 60 days of the billing date by contacting Customer Service. CONEXA will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation. Any amounts refunded in the form of bill credits, cash payments or any other form shall be inclusive of all applicable taxes, fees and surcharges that were originally paid on such amounts. Credit amounts, such as customer loyalty rewards, that do not represent a refund of, or a discount to, the price paid for any good or service will not result in the refund of any tax, fee, or surcharge previously paid by the customer.
- Refunds.Any amounts refunded in the form of bill credits, cash payments or any other form shall be inclusive of all applicable taxes that were originally paid on such amounts.
- Equipment & Software
Other than the equipment and/or software provided to you by CONEXA for use with the Service, you must provide all equipment, devices and software necessary to receive the Service. Any equipment or software that was not provided to you by CONEXA is not the responsibility of CONEXA, and CONEXA will not provide support, or be responsible for ongoing maintenance of such equipment. Any CONEXA-provided modem, router or gateway will be either a new or a fully inspected and tested refurbished unit. Regardless of whether the equipment used to access your Service (modem, gateway, etc.) is owned by you or CONEXA, CONEXA reserves the right to manage such equipment for the duration of your Service, and retains exclusive rights to data generated by the equipment. Neither you nor a third party may change, interfere with, or block access to equipment data or settings.
CONEXA will repair or replace damaged equipment as CONEXA deems necessary. You understand that repair or replacement of equipment may delete stored content, reset personal settings or otherwise alter the functionality of your equipment. If you own the equipment or the equipment is damaged due to your intentional acts or negligence as determined by CONEXA, you will be responsible for the price of repair or replacement.
- Additional Equipment Information for CONEXA High Speed Internet Customers.CONEXA will make available to you certain equipment (including a modem/gateway located inside your premises) collectively referred to as “Equipment”), required for your Service. CONEXA does not retain ownership of the modem/gateway and the Equipment becomes the property of the consumer at the time of installation.
The Equipment requires electrical power from your premises to operate, which you are responsible for providing.
Note that Equipment without battery backup will not function in the event of a loss of customer supplied power. This will disrupt the Service as well as any additional services that use the connection for transport (e.g. Voice over IP including e911). CONEXA will have no liability for loss of any service(s) in the event of interruption of customer supplied power, with or without battery backup present in the CONEXA equipment.
Tampering with the Equipment, or attempting to connect the equipment to other hardware, will be treated as damage due to your intentional acts or negligence. You agree that you will use the equipment only for its intended use, and not for any other purpose (such as on another CONEXA network, or on another provider’s (non-CONEXA) network).
You agree to notify CONEXA immediately, in writing or by calling the CONEXA customer support line, if the Equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide a detailed description of the circumstances of the theft, including documentation of theft or fraudulent use of the Equipment or Services (such as a copy of a police report). You will be responsible for all charges incurred until you report the theft or fraudulent use. You will also be responsible for stolen Equipment not owned by you, however, CONEXA may in its sole discretion waive or reduce charges upon submission of documentation of theft or other circumstances. Failure to provide notice to CONEXA of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by CONEXA, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your monthly fees for Services not stolen or fraudulently used.
- Account Security
You will receive a password associated with your Member ID upon completing the Site/Service registration process. You agree to keep confidential all passwords, IP addresses, and computer names and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your password, Member ID or IP address. You agree to do all of the following:
(a) immediately notify CONEXA if you suspect any breach of security such as loss, theft, Public Use or unauthorized disclosure or use of your Member Account or Authorized User, password, Member ID, or any credit or charge card number provided to CONEXA.
(b) ensure that you exit from your account at the end of each session; and (c) periodically change your password. There is a risk that other users may attempt to access your computer through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the Service and you agree to take full responsibility for taking adequate security precautions and safeguarding your data from loss.
- Referral Services
CONEXA may offer referral programs where existing customers and new customers are eligible for discounts or credits toward their accounts for the act of referring another account to the Service. CONEXA reserves the right to terminate any referral program and its benefits at any time and by its sole discretion.
- Restrictions on Use
Your use of the Site & Service is subject to the CONEXA Acceptable Use Policy (“AUP”) which is hereby incorporated into these Terms of Service as though fully set forth herein. In accordance with the AUP, CONEXA reserves the right to deny, disconnect, modify and/or terminate, without notice, the Account or the Service provided by CONEXA to any customer whose use of the service violates the AUP. Examples of violations of the AUP include, but are not limited to: (i) unlawful activities, (ii) violation of intellectual property rights, (iii) publication or dissemination of threatening material, (iv) inappropriate interaction with minors, (v) Spam/E-mail/Usenet abuse, (vi) uses which are harmful to or interfere with the use of CONEXA’s network or systems, or the network of any other provider, (vii) uses which interfere with the use or enjoyment of the Services received by others, (viii) uses that constitutes a security risk or a violation of privacy.
- No Resale.The Service is provided for your use only (unless otherwise specifically stated) and you agree not to, whether for a fee or without charge, reproduce, duplicate, copy, sell, transfer, trade, resell, re-provision, redistribute, or rent the Service, your membership in the Service, any portion of the Service, use of the Service, or access to the Service, including, but not limited to, reselling capabilities enabled or used by a specific application (including, without limitation, Voice Over Internet Protocol (VOIP) via wired, wireless or other means. For example, you agree that the Service is not to be used to trunk or facilitate public internet access (“Hotspots”) or any other public use of the Service, or for any high volume purpose. All aspects of the Service and Site, except that portion provided by third party providers, is copyrighted and property of CONEXA as applicable.
- Copyright Infringement & Digital Millennium Copyright Act.You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through the Site or Service(s). CONEXA and its employees assume no responsibility, and you assume all risks, regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.
CONEXA respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Site in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing CONEXA’s Copyright Agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed upon; (c) a specific description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
CONEXA’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Manager of Security & Copyright Infringement 4900 Richmond Square Ste 110 E-mail:
- Use by Children.CONEXA is concerned about the safety and privacy of all its users, particularly children. It is your responsibility to determine whether the features provided through the Site and Service are appropriate for a minor.
CONEXA suggests that you take advantage of the access controls offered with the Service, which allow you, as the Member Account holder, to block access to certain types of web content you may feel are inappropriate for minors. However, CONEXA also recommends that you remain diligent in the supervision of any minors in their use of the Service and the Internet. Access controls provided through the Service are intended as a guide only. Neither CONEXA nor its employees nor their licensors can be responsible for any content accessed by you or minors, whether or not you take advantage of the access controls provided through the Service. In addition, neither CONEXA nor its employees nor their licensors guarantee the accuracy of such access controls, and you agree that you will not hold CONEXA or its employees liable for any loss or damage of any kind incurred as a result of the use of such access controls.
- Network Management.CONEXA reserves the right to engage in reasonable network management practices, to protect its broadband network from harm, compromised capacity, degradation in network performance or service levels, or uses of the Service which may adversely impact access to or the use of the Service by other customers. Reasonable network management practices that CONEXA may adopt include, but are not limited to, the following: (i) a cap on data usage; (ii) a modification of a customer’s serving facility or service technology, and/or (iii) a modification of or a limitation on a customer’s data throughput speed or data consumption.
A very small percentage of customers use the Service in a way which creates harm to the network, compromised capacity, degradation in network performance or service levels, or which may adversely impact access to or the use of the Service by other customers. In the event that CONEXA adopts a network management practice which will apply to your Service, we will provide you with a notice, by web posting, bill insert, email, letter and/or other appropriate means, which describes the network management practice, explains how it will work, and explains how it could impact your Service.
- Data Management, Content & Links
- Data Management.You are responsible for management of your information including but not limited to back-up and restoration of data, erasing data from disk space you control and changing data on or settings for your modem and/or router. CONEXA is not responsible for the loss of your data or for the back-up or restoration of your data regardless of whether this data is maintained on our servers or your computer server.
- Content.You, and not CONEXA or its employees, are entirely responsible for all content that you upload, download, post, email, transmit or otherwise make available via the Site and Service (“Content”). CONEXA and its employees do not generally pre-screen or control Content that is posted by users of the Site, and, therefore, do not guarantee the accuracy, integrity or quality of such Content. CONEXA and its employees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content that is available via our Site that is illegal, violates these Terms or the AUP, or exposes CONEXA or Its employees to any risk of claims, lawsuits or liability. As the providers of the Service, we are only a forum and are not liable for any statements, representations, or Content provided by Site users. Any opinions, advice or recommendations expressed therein are those of the users providing such Content and not those of CONEXA or Its employees. We do not endorse any Content or any opinion, recommendation or advice expressed therein. Mobile data charges may apply for any content forwarded from the Site that is subsequently accessed on a mobile device.
CONEXA and Its employees may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CONEXA, other end users and the public.
- Privacy Policies
Your use of the Service and registration data and certain other information about you, are subject to the respective privacy policies of CONEXA and Its employees. These policies are available at: .
- DISPUTE RESOLUTION WITH CONEXA BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Consumer Customers: See Arbitration sections below. Business Customers: See Schedule 1.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our customer service department at 1-888-807-8544. In the unlikely event that CONEXA’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if CONEXA has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, CONEXA will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from CONEXA to at least the same extent as you would be in court.
In addition, under certain circumstances (as explained below), CONEXA will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards you an amount that is greater than what CONEXA has offered you to settle the dispute.
- CONEXA and you agree to arbitrate all disputes and claimsbetween you and CONEXA. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
References to “CONEXA,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Service or Site under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies, can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CONEXA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
- A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to CONEXA should be addressed to: Office for Dispute Resolution, CONEXA, 4900 Richmond Square, Suite 110, Oklahoma, OK 73118 (“Notice Address”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). If CONEXA and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or CONEXA may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by CONEXA or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CONEXA is entitled.
You may download or copy a form Notice and a form to initiate arbitration from here: .
- After CONEXA receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200, but is subject to change by the arbitration provider. If you are unable to pay this fee, CONEXA will pay it directly upon receiving a written request at the Notice Address). The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at , by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at .) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless CONEXA and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Except as otherwise provided for herein, CONEXA will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse CONEXA for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
- If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of CONEXA’s last written settlement offer made before an arbitrator was selected, then CONEXA will:
- pay you the greater of the award or $10,000 (“the alternative payment”), whichever is greater; and
- pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (“the attorney premium”).
If CONEXA did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
- The right to attorneys’ fees and expenses discussed in paragraph (d) supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys’ fees or costs. Although under some laws CONEXA may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, CONEXA agrees that it will not seek such an award.
- The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND CONEXA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Further, unless both you and CONEXA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- Notwithstanding any provision in this Agreement to the contrary, we agree that if CONEXA makes any future change to this arbitration provision (other than a change to the Notice Address) during the period of time that you are receiving Services, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
- Dispute Resolution with Conexa Employees
You and CONEXA employees each agree that this Agreement and the relationship between You and CONEXA’s employees shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the services offered or provided by CONEXA, or the relationship between you and Its employees, shall be brought exclusively in the courts located in the county of Oklahoma City, OK or the U.S. District Court for Oklahoma.
- Software – End User License Agreement
If you have connected to the Service by downloading or installing CONEXA’s Internet software (“Software”), your use of that Software is subject to the End User License Agreement that accompanied that Software. Otherwise, CONEXA, Its employees or its applicable third party licensors, grants you a personal, non-exclusive right and license to use the object code of any software provided to you in conjunction with the Service on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by CONEXA and Its employees for use in accessing the Service. The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement.
CONEXA, Its employees, or applicable third party licensors may provide Software upgrades, updates or supplements (such as, but not limited to, adding or removing features or updating security components). You understand that whether the equipment is owned by you or CONEXA, CONEXA, Its employees, or the applicable third party licensor, has the unrestricted right, but not the obligation, to upgrade, update, or supplement the Software on your equipment at any time.
Export Limits. None of the software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The Software and any underlying technology may not be exported outside the United States or to any foreign entity or “foreign person” as defined by U.S. government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States.
- Operational Limits/Force Majeure
Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that CONEXA and Its employees are not liable for such interruptions. You further understand and agree that CONEXA and Its employees have no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of CONEXA and Its employees. In addition, CONEXA and Its employees are not liable for any failure of performance due to any cause beyond their reasonable control including acts of God, fire, explosion, vandalism, terrorism, cable cut, major weather disturbance, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, any law, order, regulation, direction, action, or request by any government, civil or military authority, or suspension of existing service in compliance with state and/or federal law, rules and regulations, or delays caused by you or your equipment.
- Customer Service Support
CONEXA provides free basic customer care for Service purchased from CONEXA and covered under this Agreement. However, under this TOS, CONEXA does not provide support for devices that access the Service under this Agreement.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE, SERVICE AND/OR SOFTWARE IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONEXA, ITS EMPLOYEES AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- CONEXA, ITS EMPLOYEES AND SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE, SERVICE AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE, SERVICE AND/OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (FOR EXAMPLE BUT WITHOUT LIMITATION, NEITHER CONEXA NOR ITS EMPLOYEES WARRANTS THAT YOU WILL ALWAYS RECEIVE EMAILS ADDRESSED TO YOU), (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICE AND/OR SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, SERVICE AND/OR SOFTWARE WILL MEET YOUR EXPECTATION, AND (v) ANY ERRORS IN THE SITE, SERVICE AND/OR SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONEXA OR ITS EMPLOYEES OR THROUGH OR FROM THE SITE, SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER CONEXA NOR ITS EMPLOYEES NOR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSES (EVEN IF CONEXA OR ITS EMPLOYEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM; (a) THE USE OR THE INABILITY TO USE THE SITE, SERVICE AND/OR SOFTWARE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, SERVICE AND/OR SOFTWARE; (e) FAILURE TO INSURE THE COMPATIBILITY OF YOUR SYSTEM (I.E., THE EQUIPMENT, DEVICES, AND SOFTWARE THAT YOU PROVIDE TO RECEIVE THE SERVICE) WITH THE SITE, SERVICE AND/OR SOFTWARE, OR (f) ANY OTHER MATTER RELATING TO THE SITE, SERVICE AND/OR SOFTWARE.
Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
You agree to indemnify and hold Its employees, CONEXA and their subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Site or Service, your use of the Site or Service, your connection to the Site or Service, your violation of this Agreement, your violation of the AUP or your violation of any rights of another.
You acknowledge that you are responsible for all use of the Site and Service using your account, including use by Authorized Users, and that this Agreement, the Acceptable Use Policy and Privacy Policies, as amended from time to time, apply to any and all usage of your account, including use by Authorized Users. You agree to abide by these terms and you agree to defend, hold harmless and indemnify CONEXA and Its employees from and against any and all claims stemming from usage of this account and any Sub-Account-whether or not such usage is expressly authorized by you.
- Special Admonition for Services Related to Financial Matters.If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Site or Service concerning companies, stock quotes, investments or securities, CONEXA and Its employees and their licensors will not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and will not be responsible or liable for any trading or investment decisions made based on such information. The Site and Service is provided for informational purposes only, and no Content included in the Site or Service is intended for trading or investing purposes.
- Contact Information.Unless otherwise specified in this Agreement, notices by Members to CONEXA must be given by e-mailing:
- Trademark Information/Proprietary Rights.
CONEXA, Its logo, and all other logos and product and service names are each trademarks of CONEXA LLC. You may not display or use the CONEXA logo in any manner without our prior written permission. CONEXA and the CONEXA logos and all other CONEXA brands, logos and product and service names (“CONEXA marks”) are registered trademarks or trademarks of CONEXA Intellectual Property. Any use of CONEXA Marks is prohibited without permission of CONEXA Intellectual Property.
Nothing contained in this Agreement may be construed to convey to you any interest, title, or license in the Member ID, email address, Universal Resource Locator, IP address, or domain name used by you in connection with the Service.
- Additional Terms.This Agreement, any other policies or guidelines referenced herein and the terms set forth in any promotional offer for the Service constitute the entire agreement between CONEXA, Its employees and you. This Agreement governs your use of the Site and/or Service, superseding any prior agreement between you and CONEXA with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain CONEXA or affiliate services, third-party content or third-party software. The failure of CONEXA or its employees to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this agreement. You agree that your account is non-transferable and any rights to your I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. You agree that regardless of any statute of laws to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filled within one (1) year after such claim or cause of action arose or be forever barred. We can assign all or part of CONEXA’s rights or duties under this Agreement without notifying you. You may not assign this Agreement or the Services without prior written consent. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable. The section titles and paragraph headings in this Agreement are for convenience only and have no legal or contractual effect.
- Survival.Obligations and rights in connection with this Agreement, which by their nature would continue beyond the termination, cancellation or expiration of this Agreement, will survive the termination, cancellation or expiration of the Agreement, including, but not limited to those in the following sections: Equipment and Software, Payment, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution by Binding Arbitration, General.
CONEXA High Speed Internet, and CONEXA High Speed Internet Business Edition services are provided by your local AT&T telephone company which is one of the following, depending on the state where service is provided: Southwestern Bell Telephone Company (in AR, KS, MO, OK, and TX), Pacific Bell Telephone Company (in CA), Illinois Bell Telephone Company (in IL), Indiana Bell Telephone Company, Incorporated (in IN), Michigan Bell Telephone Company (in MI), Nevada Bell Telephone company (in NV), The Ohio Bell Telephone Company (in OH), Wisconsin Bell, Inc. (in WI), or BellSouth Telecommunications, LLC (in AL, GA, FL, KY, LA, MS, NC, SC, and TN). FastAccess DSL, FastAccess Business DSL, FastAccess Business DSL Direct, and BellSouth® Dial Internet Service are provided by BellSouth Telecommunications. AT&T Dial provided in other states is provided by AT&T Corp. (All companies listed are referred to herein as “AT&T”).