In some cases, achieving an unobstructed line of sight to the nearest tower may need installing the equipment on a tree. Should this situation arise, a tree climb fee of $170.00 will be applicable. Please note that the 30-day money-back guarantee does not include any tree climb fee refunds, as a third-party contractor carries out this task.
The following Service Terms and Conditions set forth the terms under which Oasis Broadband shall provide Data Services (called Service or Services hereafter) to the Subscriber.
SERVICE TERMS AND CONDITIONS
1. Terms of the Service
A. The Service Activation Date shall be the date the Subscriber is connected over the Oasis Broadband transport network to the Internet. For wireless and wired subscribers, service activation is the point at which the connection has been verified with Oasis Broadband’s equipment.
B. This Agreement shall be effective as of the Service Activation date and shall remain in full force and effect so long as any Service Order is in effect, unless otherwise terminated in accordance with the terms hereof. Each Service Agreement shall provide for an initial noncancelable term, with renewal periods to be defined therein.
C. If the Subscriber uses non-Oasis Broadband equipment or software herein, then the Data Services shall be deemed to have begun on the day the Subscriber registers for service on any node of Oasis Broadband’s network or an affiliate’s network. In the event that Subscriber uses SPE (as defined in Section 6 herein) provided by Oasis Broadband, then the Data Services shall be deemed to have begun on the first business day after the later of (i) the date on which the local service provider connection between the Subscriber’s site and the Oasis Broadband POP is activated, and (ii) the date Oasis Broadband sends notice to Subscriber that SPE specified on the Service Order is available for installation.
D. At the expiration of the initial period, Service is to be provided as specified in each Service Order Form. Service shall continue in effect month-to-month at the then-current monthly rate unless terminated by either party upon written notification.
E. IP addresses are the property of Oasis Broadband. Upon any termination of Data Services, any IP addresses assigned by Oasis Broadband to the Subscriber (and any end users) shall no longer be available for the Subscriber’s use. Oasis Broadband shall retain the right to reuse such IP addresses.
F. Subscriber must be at least 18 years of age. 2. Transfer and Assignment
A. This Agreement shall bind the parties and their respective successors and assigns. Neither party may assign or transfer this Agreement, or any part thereof, without prior written consent of the other, which consent shall not be unreasonably withheld, except that Oasis Broadband may
assign its rights and obligations under this Agreement without approval of Subscriber to an entity that acquires all or substantially all of the assets of Oasis Broadband; provided that in no event shall such assignment relieve Oasis Broadband of its obligations under this Agreement.
3. Description of the Service
A. Pursuant to the terms and conditions of this Agreement, Subscriber agrees to purchase certain data services, products, and/or equipment from Oasis Broadband as such Data Services are set forth in the Oasis Broadband service order(s) and any attachments thereto.
B. Oasis Broadband will provide access to the Internet up to the peak speeds identified in the attached Service Order. Due to the uncertain nature of the Internet, internet traffic, etc., not under the control of Oasis Broadband, the average speeds shall be calculated using test files from Oasis Broadband or other sites mutually agreed upon by both the subscriber and Oasis Broadband. Oasis Broadband cannot and will not guarantee speed to sites other than those under its direct control.
C. Subscriber acknowledges and agrees that the Data Services provided by Oasis Broadband may include access to third-party networks via Oasis Broadband from time to time. Subscriber also acknowledges and agrees that Oasis Broadband reserves all rights and property interests in the IP addresses that may be assigned to Subscriber under this Agreement.
D. Subscriber understands and acknowledges that the equipment Subscriber uses to connect to the Oasis Broadband service may provide other Oasis Broadband subscribers access.
E. The subscriber understands and acknowledges that the total monthly bandwidth is limited by the terms of the confirmation email sent to the subscriber on the date they ordered the service.
4. Cost of the service
The cost of the service will include a start-up fee and a monthly base rate, as outlined in the customer’s Service Order.
A. Except as otherwise outlined in this Agreement, rates, charges, and other payments shall be set forth on the applicable Service Order. While service plan pricing is subject to change at the discretion of Oasis Broadband, the rate and terms relevant to your current plan shall remain in effect for the duration of your active contract period, unless you elect to modify or upgrade your plan.
Access to new or updated service packages may require executing a new agreement, including a twenty-four (24) month contract extension. Access to new or updated service packages may also require a hardware upgrade, the cost of which may fall upon the customer.
Plan upgrades within the same service plan group may be permitted at any time, subject to technical feasibility, including but not limited to the compatibility of customer premises equipment and geographic service availability.
The subscriber may pre-pay Charges for each term set forth on the Service Order, or the Subscriber may pay Charges every month. Charges shall be invoiced monthly in advance for subscribers paying monthly, and payment is due upon receipt of such invoice. The first month’s Charges and any nonrecurring charges are to be paid upon execution of this Agreement or any subsequent Service Order under this Agreement.
B. If Oasis Broadband reasonably believes that the subscriber’s credit or payment history is problematic, then Oasis Broadband reserves the right throughout the term to request adequate payment assurances and suspend the Data Services until such adequate assurances are received. Oasis Broadband may, at its discretion, check the Subscriber’s credit history before accepting any order. Oasis Broadband reserves the right to reject any order based on the credit check results or to impose additional terms and conditions, following its credit policies. An amendment to the terms and conditions may be issued in this event.
C. Conditional upon acceptance of an order, Oasis Broadband may require advance payment, progress payments, or other forms of security.
5. Use of Data Services
A. Oasis Broadband’s Data Services are to be used solely by the Subscriber, the Subscriber’s co-tenants and the entities, if any, listed on the Service Order(s) following the terms of this Agreement. Subscriber represents, warrants and covenants that it will not transmit, re-transmit, store or otherwise use the Data Services in violation of any federal, state, local or to, any Laws relating to copyright, trademark or other intellectual property or proprietary rights, or any Laws relating to U.S. export, and that it will not post, transmit or re-transmit any unlawful, threatening, libelous or abusive material of any kind.
B. In using the Data Services, Subscriber agrees that it will comply with Oasis Broadband’s policy that prohibits such activities as: (i) gaining or attempting to gain unauthorized access to another account, host or network; and (ii) causing severe network loads and delay of services; and (iii) distributing, posting or collecting unsolicited, duplicative messages to entities who do not expressly request such messages (“Spamming”); and (iv) engaging in other destructive activities such as “Spraying”, port scanning, ping flooding, e-mail bombing and virus propagation. Subscriber further agrees that it will take appropriate actions against entities to whom it may resell the Data Services if such entities are in violation of Oasis Broadband’s policy and that Subscriber will cooperate fully with Oasis Broadband in actions taken by Oasis Broadband to enforce such policy. At its sole discretion, Oasis Broadband can deny access if it believes the subscriber is engaging in an activity that violates these policies. Oasis Broadband does not have to notify subscribers or third parties of such a decision. Oasis Broadband cannot be held liable for any consequences of a lack of notification.
C. Subscriber shall not improperly restrict or interfere with use of the Data Services (or of the Internet generally) by Oasis Broadband or its affiliates, any Oasis Broadband subscriber, or any third party. Upon notice from Oasis Broadband, the Subscriber shall promptly remove any hazard, interference, or service obstruction caused by hardware or software not provided by Oasis Broadband. Oasis Broadband may, at its option, and upon the Subscriber’s request, troubleshoot problems caused by such hardware or software. Such troubleshooting services shall be billed at Oasis Broadband’s rates, which are in effect when such services are requested.
D. The service plan the customer selects may include a monthly data usage limit, unless the customer has expressly subscribed to a plan designated as “unlimited.” If the customer’s data usage exceeds the allotted monthly limit, overage charges may be assessed by Oasis Broadband’s then-current rates and policies.
Oasis Broadband provides access to usage information via its customer portal to assist customers in managing their data usage and avoiding unanticipated charges. Customers are encouraged to monitor their usage regularly through this portal.
6. Equipment and Installation
A. Subscriber Premise Equipment (SPE) shall mean equipment provided by Oasis Broadband within or under the Subscriber’s control. Subscriber is responsible for protecting and operating SPE, unless otherwise expressly provided under this Agreement. If the Subscriber has not purchased SPE, Oasis Broadband shall retain title to SPE and the Subscriber shall promptly return all SPE to Oasis Broadband and/or promptly provide Oasis Broadband with reasonable access to the Subscriber’s facilities to recover the SPE, upon termination of this Agreement. For SPE owned by Oasis Broadband but under the Subscriber’s control, the Subscriber shall protect Oasis Broadband’s title and keep the SPE free from all claims, liens, encumbrances, and legal processes. Subscriber shall notify Oasis Broadband of any claims, liens, encumbrances, or legal processes concerning the SPE. The SPE is personal property and should not be regarded as part of the real estate on which it may be situated. If requested by Oasis Broadband, Subscriber will, at Subscriber’s expense, furnish a landlord or mortgagee waiver concerning the SPE. The SPE shall not be removed from any location without the written consent of Oasis Broadband. Subscriber shall, upon Oasis Broadband’s request, affix and maintain plates, tags, or other identifying labels showing ownership of the SPE in a prominent position on the SPE. The use of the SPE by Subscriber shall conform to all applicable laws, insurance policies, and warranties of the manufacturer or supplier of the SPE. Oasis Broadband shall have the right to inspect the SPE at the premises where the SPE is located.
B. Subscriber shall make all necessary preparations required to permit installation, maintenance and operation of the Data Services and will provide Oasis Broadband, and its suppliers of communication services and equipment, reasonable access to Subscriber’s premises, including free access to all leased telephone lines, to perform any activities reasonably required under
this Agreement. Subscriber shall have all non-Oasis Broadband equipment or software available and operable for use with the Data Services or SPE at least five (5) business days prior to the scheduled installation date of the Data Services or SPE. Subscriber must also review any existing Homeowner’s Association policies that may prohibit the installation of SPE.
C. If the Subscriber is a tenant, the Subscriber must obtain written permission from the property owner to install, maintain, and remove SPE and make necessary property alterations.
D. Oasis Broadband shall provide on-site installation of equipment pursuant to this agreement and subscriber shall provide reasonable access to subscriber’s premises, including the roof and attic.
E. In addition to the local access provider charges set forth on the Service Order, Subscriber shall be responsible for all additional local service provider charges related to Subscriber’s Data Services, including but not limited to: costs of relocation of services once installed, local service provider charges arising as a result of rescheduling of appointments by local service provider representatives, and all local service provider charges incurred for maintenance diagnostics that are determined to be caused by equipment not owned by Oasis Broadband. Local service shall be provided pursuant to the applicable tariffs.
F. Subscriber shall, at its expense, keep each item of SPE in good condition, except for normal wear and tear. Subscriber shall not make any addition, alteration, or attachment to the SPE without Oasis Broadband’s prior written consent. Subscriber shall make no repair, addition, alteration or attachment to the SPE which interferes with the normal operation of maintenance thereof, or might result in the creation of mechanic’s or material man’s lien. Equipment provided by Oasis Broadband for the start-up fee remains the property of Oasis Broadband.
G. Subscriber assumes responsibility for damage to or loss of Equipment upon delivery.
H. All responsibility for the Equipment resides with the Subscriber, except for manufacturer’s defects or acts of God. In the case of loss or harm to the equipment, the Subscriber is solely responsible for the purchase price of the equipment.
I. All equipment is sold or otherwise provided to the Subscriber AS IS and WITHOUT WARRANTY.
J. Maintenance of equipment owned by Oasis Broadband is Oasis Broadband’s sole responsibility.
K. Subscriber understands that one or more antennas may be required to provide service to the service address. Subscriber is responsible for checking local municipality or homeowner ordinances to ensure that antenna mounting is permitted by law or code.
L. Installation is complete when Oasis Broadband equipment is active on the network (per Oasis Broadband monitoring).
M. Subscriber agrees
a. To allow Oasis Broadband to perform an annual physical examination of the equipment.
b. To provide power to the equipment and leave the equipment plugged in and turned on at all times.
c. To allow the use of the equipment as a routing point.
d. To designate a contact person who will provide access to the equipment at all times, as well as a phone number for that person. Subscriber agrees to notify Oasis Broadband of a change in the contact information/person within 24 hours of such change.
e. that Oasis Broadband may require two antennas to provide service, and agrees to allow them to be mounted at the subscriber’s property.
N. The subscriber is personally responsible for paying Oasis Broadband the purchase price of the equipment in the event of its loss or damage.
O. Installation does not include:
a. installation or other work related to subscriber side wire, including cable burial, power, or network cabling to Oasis Broadband equipment
b. LAN configurations and testing of applications
c. Any fine-tuning of application-related software
d. Additional site visits if the subscriber misses appointments, the site is not ready, or additional testing or configuration is requested by the Subscriber (before or after the included installation). If maintenance is requested and it proves to be isolated to equipment not covered by this agreement, the subscriber will be billed on a time and material basis at the current rate at the time of visit. The minimum billable time for a site visit is one hour.
P. Oasis Broadband shall not be responsible for the installation, operation, or maintenance of equipment (including without limitation, cabling) not provided by Oasis Broadband as SPE (collectively, “non-Oasis Broadband equipment or software”). Impairment of Subscriber’s use of the Data Services due to non-Oasis Broadband equipment or software shall not relieve the Subscriber of its payment obligation. Oasis Broadband shall not be responsible for any changes in the Data Services that may cause non-Oasis Broadband equipment or software to become obsolete, to require modification or alteration, or otherwise affect the performance of equipment to be used as a gateway to the Data Services. Subscriber shall cooperate with Oasis Broadband in setting up the initial configuration for the Subscriber-provided router’s interface with the Data Services.
Q. If a customer provides their router, Oasis Broadband shall not be responsible for installing, supporting, maintaining, or troubleshooting said equipment.
R. If the subscriber rents a router from Oasis Broadband, the Subscriber must return it in good working condition, with all original packaging upon canceling the service. Failure to return the rented equipment within the specified time frame will result in a charge equal to the full replacement cost of the router.
7. Billing and Collections
A. The first invoice for service may include one or more of the following:
1) The charges for the first month of service.
2) The installation charges, as applicable. Invoices are due and payable in full 15 days after being issued by Oasis Broadband. If any portion of a payment is received after the 15-day invoice remittance period, a monthly late charge may be assessed to the Subscriber as liquidated damages at the sole discretion of Oasis Broadband. The monthly late charge will be the lesser of the highest rate permitted by law or 1.5% of the entire outstanding balance billed on a per day basis (18% per annum.) Oasis Broadband may assign unpaid late balances to a collection agency for collection. If legal action is necessary to collect balances due, subscriber agrees to reimburse Oasis Broadband for all expenses related to the recovery of the balance due, plus other legal expenses.
B. Oasis Broadband reserves the right to disconnect service if invoices are not paid thirty days past their due date. If disconnection occurs because of non-payment, there will be a reconnection fee of $50 if equipment has not already been removed from Subscriber’s location. Oasis Broadband reserves the right to remove the equipment 45 days after the invoice’s due date. If the equipment has been removed due to non-payment, the reconnection fee will be $250 plus any unpaid invoices, late fees, and current month fees.
C. Any such suspension shall not relieve Subscriber of the obligation to pay monthly recurring Charges. Notwithstanding the foregoing, Subscriber shall pay Charges for installation and hardware, which shall be non-refundable, when such Data Services are ordered or restored.
8. Termination
A. In the event a law or physical obstruction prohibits, substantially impairs, or makes impractical the provision of Data Services under this Agreement, as determined by Oasis Broadband in its reasonable discretion, Oasis Broadband may terminate this Agreement without liability upon thirty (30) days written notice to Subscriber, unless earlier termination is required by law.
B. Oasis Broadband may terminate this Agreement, or any Service Order hereunder, upon Subscriber’s material breach of this Agreement or Service Order.
C. Subscriber may terminate this Agreement concerning any Service Order subject to a material breach by Oasis Broadband, but only after providing Oasis Broadband with thirty (30) days prior written notice and an opportunity to cure the breach.
D. Notwithstanding the foregoing, Oasis Broadband may, upon notice, terminate this Agreement, or any Service Order hereunder, upon subscriber’s breach of Section 5 herein.
E. Subscriber acknowledges and agrees that neither this Agreement nor any Service Order is cancelable in whole or in part after the 30th day of the subscription is reached. Unless specified otherwise in the Subscriber’s contract, termination of any Service order hereunder under Paragraph 8B or 8D above will result in the Subscriber becoming responsible for all Charges due and owing up to and through the date of termination, plus an early termination charge equal to:
One-Year Commitment
The Subscriber agrees to an early termination fee of One Hundred Fifty Dollars ($150.00).
Two-Year Commitment
The Subscriber agrees to an early termination fee of One Hundred Fifty Dollars ($150.00) within the second year of the contract and Two Hundred and Fifty Dollars ($250.00) within the first year of the contract.
Three-Year Commitment
The Subscriber agrees to an early cancellation fee of Three Hundred Fifty Dollars ($350.00) within the first two years of the contract and One Hundred Fifty Dollars ($150.00) within the third year.
Subscriber acknowledges that the early termination charge is liquidated damages and not a penalty and that the Charges for Data Services hereunder would be substantially higher without this provision.
D. In the event the Subscriber elects to terminate this Agreement prior to the expiration of the agreed-upon contract term, the Subscriber shall not be subject to an early termination fee provided that the subsequent occupant, owner, or tenant of the same service address agrees to assume and continue broadband services with Oasis Broadband under a new agreement.
9. Interruption of Service
Subscriber understands and agrees that temporary interruption may occur as a customary and reasonable event in the Service provision. Oasis Broadband agrees to exercise reasonable care to prevent such occurrences.
A. Subscriber understands and agrees that Oasis Broadband has no control over third-party networks, which the subscriber may access through the Service. Delays and disruptions caused by or caused to other networks are beyond Oasis Broadband’s control.
B. Subscriber understands and agrees that administrative or maintenance service interruptions may be required to resolve security or abuse matters.
C. Subscriber acknowledges and agrees that Oasis Broadband shall not be held liable for any delays, interruptions, or disruptions in service caused by circumstances beyond its reasonable control, including but not limited to acts of God, weather conditions, natural disasters, or other forces of nature.
10. Limitations of Liability
A. Oasis Broadband will make reasonable efforts to provide uninterrupted, continuous, error-free Service to the Subscriber. In no event shall Oasis Broadband be liable to subscriber or any other person for any special, incidental, consequential, or punitive damages of any kind, including but not limited to loss of profits, loss of income, or cost of replacement services.
B. Oasis Broadband’s liability for damages for interruptions of Services, or mistakes, omissions, delays, errors, and defects in the provision of the Services, shall in no event exceed an amount equal to the pro-rata charges to Subscriber for the period during which the Services are affected.
C. Oasis Broadband is not liable for any alterations to premises due to the installation or removal of SPE, including holes in walls, cable wiring, or antenna brackets.
D. Oasis Broadband makes no Warranty that the Service will meet subscribers’ requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor does Oasis Broadband make any warranty as to the accuracy or reliability of any information obtained through the Service. Subscriber understands agrees that any material and/or data downloaded, or otherwise obtained through the use of the service, is done at Subscriber’s own risk, and that Subscriber will be solely responsible for any damage to Subscriber’s system or loss of data which results from the download of such material and/or data.
E. Oasis Broadband makes no warranty regarding any transactions executed through the service.
F. Subscriber should take necessary precautions to protect their systems, such as installing up-to-date anti-virus software and firewalls. Oasis Broadband is not responsible should such precautions fail.
G. Information posted anywhere on the Internet is not secure. Please be aware that posting personal information on a message board, chat room or news group becomes public information. Subscriber should exercise extreme caution when posting personal information to such an area. Oasis Broadband cannot ensure security or protection in any of these Internet areas.
11. Credits for Service Outages
Oasis Broadband reserves the right, at its sole discretion, to issue service credits to Subscribers in the event of service interruptions. The issuance, amount, and conditions of any such credits shall be determined exclusively by Oasis Broadband and shall not constitute an obligation or guarantee.
12. Warranties and Remedies
A. Subscriber understands that the Internet is not owned, operated, managed by or in any way affiliated with Oasis Broadband and that all content, services, information and other materials that may be offered, made available, or are accessible on the Internet are offered, made available, or are accessible solely by third parties who are not affiliated with Oasis Broadband or its affiliates. Use of the Internet by Subscriber, Subscriber’s subscribers, or any other authorized users is solely at the respective user’s risk and subject to all applicable Laws. Oasis Broadband does not warrant that the Data Services will be uninterrupted or error-free, or that any information, software, or other material accessible via the Data Services is free of viruses, disabling code, worms, or other harmful components.
B. Without limiting anything contained herein, Subscriber further understands that the Internet contains unedited materials, some of which may be sexually explicit or may be offensive to some people, and that Subscriber’s access to such materials is at Subscriber’s own risk. Oasis Broadband has no control over and accepts no responsibility for such materials.
C. If Subscriber is dissatisfied with the Service provided under this Agreement, Subscriber shall have the right to terminate this Agreement, in whole but not in part, in writing, no later than thirty (30) days after installation of the Services and shall not be liable for the early termination fee provided for in Section 8 but shall remain liable for all other terms and conditions herein.
D. EXCEPT AS PROVIDED IN C ABOVE, DATA SERVICES ARE PROVIDED ON AN “ASIS” BASIS WITHOUT WARRANTIES OF ANY KIND. Oasis Broadband DISCLAIMS ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE AND NONINFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR
PURPOSE, WITH REGARD TO THE DATA SERVICES, ANY MERCHANDISE, INFORMATION OF SERVICE PROVIDED THROUGH THE INTERNET OR ANY TRANSACTIONS CONDUCTED ON THE INTERNET.
E. WITH THE EXPRESS EXCEPTION OF THE REMEDIES SET FORTH IN SECTIONS 8.C AND 11.B OF THIS AGREEMENT, IN NO EVENT SHALL Oasis Broadband, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ASSIGNS BE LIABLE FOR ANY REMEDIES OR DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, INDIRECT, DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM SUBSCRIBER’S OR ITS AUTHORIZED USERS’ RELIANCE ON OR USE OF CONTENT, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE DATA SERVICES, OR THAT RESULT FROM OR ARE RELATED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF ANY KIND, EVEN IF Oasis Broadband HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
F. Any legal action arising out of this Agreement shall be brought by Subscriber within a period of one (1) year of the occurrence giving rise to such action or shall be deemed waived.
13. Indemnification
Subscriber shall defend, indemnify and hold harmless Oasis Broadband, its affiliates, officers, directors, employees, agents and assigns from and against all claims or actions, threatened claims or actions, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, relating to or arising from:
(a) the use of the Data Services or the Internet in general or the placement or transmission of any message, information, software or to other materials or content on the Internet by Subscriber or its authorized users; (b) willful misconduct or negligent acts of Subscriber, its authorized users, agents or contractors in connection with this Agreement; (c) infringement of any patent, trademark, copyright or any other proprietary rights arising from or relating to the use of any equipment, software, or system not provided by Oasis Broadband; and (d) the violation of any Laws.
14. Confidential Information
Subscriber understands and agrees that nothing in this Agreement shall bestow any proprietary or other intellectual property rights of any kind to, or on behalf of, Subscriber. Subscriber understands that the terms of this Agreement and/or any Service Order or other attachment constitute confidential and proprietary information and shall not be disclosed to any third party without the prior express written consent of Oasis Broadband.
15. Notice
Notices, requests, demands or other communications provided for or permitted or required by this Agreement shall be deemed delivered (a) on the same day if hand delivered, (b) by the next business day if sent by overnight courier or by facsimile, or (c) within three (3) days if sent by United States mail.
16. Tree Climb
The following terms shall apply if equipment installation requires mounting on a tree. This section shall be deemed inapplicable where tree-mounted installation is unnecessary for service provision.
17. General
A. This Agreement, including any Service Agreements (and attachments hereto or thereto) which shall be signed by the parties in the future, constitutes the entire agreement concerning the subject matter hereto and supersedes any prior contemporaneous agreements, whether written or oral. Suppose filed and effective tariffs of Oasis Broadband or its affiliates shall apply to the Data Services or any portion thereof. In that case, such tariffs shall govern such Data Services. In the event of a conflict between this Agreement and any Service Agreements, the terms of this Agreement shall prevail. This Agreement cannot be modified except in writing signed by both parties, with any handwritten modifications to be of no force and effect.
B. If any portion of this agreement is invalid or unenforceable, the parties agree that the remaining portions shall remain in effect. If the unenforceable portion is a significant part of the agreement, negotiations for a replacement must begin immediately.
C. If either party ever fails to enforce any right or remedy available under this Agreement, that failure shall not be construed as a waiver of any right or remedy concerning any other breach or failure by the other party.
D. Any legal action brought by Subscriber against Oasis Broadband regarding this Agreement must start within two years of the cause of action arising.
E. Any terms which by their sense and context are intended to survive expiration or termination of this Agreement shall survive.
F. Oasis Broadband reserves the right to decline to provide Data Services to any Subscriber for any reason. Subscriber permits Oasis Broadband to check Subscriber’s credit, and shall provide references upon request.
G. Oasis Broadband reserves the right to hire subcontractors but shall retain the responsibility for the work subcontracted.
H. This Agreement does not establish a license for either party to use the other’s names, logos, trademarks, service marks, brands, or other proprietary rights.
I. A failure by Oasis Broadband to insist upon strict compliance with any of the terms of this Agreement in any instance shall not be construed as a waiver of such terms in the future. Suppose any provisions of this Agreement shall be held to be invalid, illegal, or unenforceable. In that case, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the parties’ original intentions. This Agreement shall be interpreted per the laws of the State of California, without referencing its principles of conflicts of law.