Terms of Service
What is Frontier IT’s Customer Service Agreement (Terms of Service)?
Frontier IT LLC Customer Service Agreement
Last Edited: December 21, 2015 – Version 1.0
This is an agreement between the Customer and Frontier IT regarding your use of Frontier IT equipment, interactive information, communication and facilities. This Agreement governs the terms and conditions under which Frontier IT makes the services offered by Frontier IT available to consumers through a personal computer or similar access, or to individual costumer or small businesses in connection with the Frontier IT facilities, services, or equipment. Under this Agreement, you must comply with Frontier IT’s current “Acceptable Use Policy,” as updated from time to time by Frontier IT.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Frontier IT’s services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchant ability, fitness for a particular purpose or non-infringement. Frontier IT expressly disclaims any representation or warranty that the Frontier IT services will be error-free, secure or uninterrupted. No oral advice or written information given by Frontier IT, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
Frontier IT reserves the right to refuse service if any of the content within, or any links from, the Customer’s business dealings is deemed illegal, misleading, or obscene, or is otherwise in breach of Frontier IT’s then current Acceptable Use Policy, in the sole and absolute opinion of Frontier IT. In addition, Frontier IT reserves the right to terminate any agreement based on unprofessional conduct and/or abuse of services.
Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Customer. Customer is aware that Frontier IT reserves the right to change the specified rates and charges from time to time.
The Customer agrees to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. Customer is responsible for security of its password. Frontier IT will not change passwords to any account without proof of identification, which is satisfactory to Frontier IT, which may include written authorization with signature. In the event of any partnership break-up, divorce, terminations or other legal problems that includes Customer, Customer understands that Frontier IT will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Frontier IT be liable for any losses incurred by Customer during this time of determination of ownership, or otherwise. The Customer agrees to indemnify and hold harmless Frontier IT from any and all claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
The Customer agrees not to harm Frontier IT, its reputation, computer systems, programming and/or other persons using Frontier IT’s services.
The Customer agrees to indemnify and hold harmless Frontier IT and any other Customer from any and all Claims resulting from the Customer’s use of the services provided by Frontier IT. The terms of this Section will survive any termination of this Agreement.
Customer has sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the managed services provided. Customer will not make a claim against Frontier IT for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the web server. Customer agrees to hold Frontier IT harmless from, and promises not to sue Frontier IT for, any claims based on or related to the use of the equipment in connection with the managed services provided.
The Customer’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Frontier IT.
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Customer is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Frontier IT account may not be transferred without prior written approval from Frontier IT. The Customer is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Customer’s account, the Customer will be liable for any unauthorized use of the Frontier IT services, including any damages resulting there from, until the Customer notifies Frontier IT’s customer service.
If Frontier IT assigns the Customer an Internet Protocol (IP) address in connection with the Customer’s use of the Frontier IT services, the right to use that Internet Protocol address will remain with and belong only to Frontier IT, and the Customer will have no right to use that Internet Protocol address except as allowed by Frontier IT in its sole and absolute discretion.
This Agreement may be terminated by Frontier IT for nonpayment by Customer. Frontier IT may terminate the Agreement, at any time, without notice, if, in Frontier IT’s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of this Agreement and related agreements, AUP, or Customer’s use of the Services disrupts or, in Frontier IT’s sole and absolute discretion and/or judgment, could disrupt Frontier IT’s operations. If in the event any amount due to Frontier IT is unpaid seven (7) days after such payment is due, Frontier IT, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
This Agreement constitutes the entire agreement between the Customer and Frontier IT with respect to the Frontier IT services and supersedes all prior agreements between the Customer and Frontier IT. Frontier IT’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in El Paso County, Colorado. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
The Customer agrees to indemnify and hold Frontier IT harmless from any and all Claims resulting from or connected with any activities conducted by the Customer. The Customer and Frontier IT will promptly notify the other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
Frontier IT may include the Customer’s name and contact information in directories of Frontier IT service subscribers for the purpose promoting the use of the services by additional potential clients. However, Frontier IT is not authorized to print the Customer’s name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Customer.
The interpretation and enforcement of this Agreement shall be governed according the laws of the state of Colorado (excluding its choice of law rules) and the federal laws of the United States applicable therein. The Customer hereby consents to personal jurisdiction in the federal and provincial courts of El Paso County, Colorado for any action arising out of or relating to the Customer’s use of the Frontier IT services. The federal and provincial courts of El Paso County, Colorado will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this Agreement.
Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
If you have any additional questions, please contact us at:
1205 Shasta Dr.
Colorado Springs, CO 80910