CommSpeed Terms of Service
This Agreement is between CommSpeed LLC (“CommSpeed”) and a Customer (as defined by the CommSpeed Service Request Form) for Internet services (the “Service”). Customers agree to abide by the following:
Use of Service:
Customer agrees not to use the Service for any unlawful or abusive purpose. Customer agrees to abide by the CommSpeed Acceptable Use Policy. The CommSpeed Acceptable Use Policy may be found at .
CommSpeed is a usage based internet service with a usage quota. If you are over your quota you can be charged for your usage.
Availability of Service:
The Service is available to the Customer's CPE (Customer Premise Equipment) only when the CPE is within the operating range of CommSpeed's internet system. Service availability is subject to limitation or interruption due to various factors including governmental actions or regulations; acts or omissions of underlying Internet access providers; topographic, geographic and other environmental conditions, problems with the installations, operation or maintenance of the CPE; acts of God; strikes; riots; wars; and other cases beyond the control of CommSpeed. Service availability is further subject to limitation or interruption due to capacity or transmission limitations or measures taken to prevent misuses of the Service. Customer hereby waives any claim for consequential or incidental damages related to or arising from an interruption, limitation or other unavailability of the Service and agrees that CommSpeed's liability for any such event shall be limited to the service fee attributed to the affected period/
Account Billing Procedures:
The Service Start Date is the day on which CommSpeed activates the Customer's Service. All fees, as outlined in CommSpeed’s Service Request Form, are refundable if the Customer cancels within 10 business days of the Service Start Date. CommSpeed reserves the right to change its fees at any time.
Payment is due 25 days after the date the invoice is issued. This invoice will be sent by electronic mail, postal mail or fax, at CommSpeed's discretion. Payments made after the due date will be subject to a $5 late fee per month. If payment is not received within fifty five (55) days of the due date the Customer's service will be interrupted until payment is posted to the account. THERE WILL BE NO EXCEPTIONS TO THIS POLICY! All delinquent accounts may incur a $10 reactivation fee to reactivate service. Inactive accounts with a past due balance will be charged to the credit card CommSpeed has on file or the account will be turned over to a collection agency.
Charges will be billed according to the rate plan currently in effect at the time. Accounts are billed monthly, quarterly, or annually. For quarterly and annual term billing commitments, the Customer is responsible for the entire length of the term; refunds are not available for unused months. The Customer may cancel the Service at any time with a 30 day notice.
There will be a $15 service charge for all returned checks plus any applicable court costs or legal fees required to collect.
If the Customer exceeds the allotted internet consumption per the Customer's selected rate plan, the Customer will be charged a $1.00 fee per additional gigabyte(s) of internet consumption.
The Customer may incur additional fees or charges depending on the rate plan the Customer has chosen. To view these possible fees or charges please see the rate plan section of CommSpeed's website .
Phone Service Terms and Conditions:
- It is the sole responsibility of the customer to notify a CommSpeed representative immediately in the event of an address change. E-911 is tied to the physical address on file with CommSpeed. If the Customer's voice equipment is transported to another address, emergency response teams will respond to the physical address on file.
- If the Customer fails to keep a current address on file, the Customer may be subject to an additional $75.00 charge in the event that Emergency personal respond to the wrong location.
- E-911 will not work if outside of the country
- E-911 will not work if the Internet service goes down.
Local Number Portability (LNP) allows the Customer to move the current telephone number from the Customer's current telephone provider to CommSpeed. The Customer's current provider requires a Letter of Authorization as proof that the Customer has explicitly requested and authorized to have the telephone number transferred to CommSpeed. By submitting this form the Customer authorizes CommSpeed to initiate the process of transferring Customer's telephone number. The process of transferring the number could take a minimum of 30 businesses days to complete, during which time CommSpeed may or may not be able to obtain status updates from the Customer's current provider regarding the status of the number porting. If the Customer has any additional services on the existing line (other phone numbers, toll-free numbers, Centrex services, etc.) CommSpeed may not be able to port the number. The Customer must remove any additional services on the number and wait at least two weeks before submitting this form to CommSpeed.
Phone Specific Fees
If the customer fails to keep a current address on file, the Customer may be subject to an additional $75.00 charge in the event that Emergency personnel respond to the wrong location.
Any calls made to areas outside of the CommSpeed supported rate centers may incur additional charges. This includes calls made to Alaska and Hawaii as well as international calls to areas not supported by CommSpeed's global package.
CommSpeed will provide the Customer with the necessary equipment to access the Service (modem). The Customer must return any modem owned by CommSpeed within 30 days of the account termination date. The Customer will be charged by CommSpeed for the full value of any items not returned.
Equipment provided by CommSpeed for the purpose of accessing the Service (modem) is the sole property of CommSpeed and is subject to a $4.95 monthly Modem Insurance fee. Modem Insurance covers the replacement cost for any modem malfunctioning or rendered unusable due to network infrastructure changes made by CommSpeed, accidental damage, damage caused by CommSpeed or its employees, or reasons unable to be determined by CommSpeed technical support. CommSpeed reserves the right to deny replacement coverage for any modem damaged intentionally or by customer neglect. For cases in which Customer-owned modems become damaged or rendered unusable for accessing CommSpeed service, the Customer will be responsible for contacting CommSpeed to cancel/suspend their account in order to avoid accruing costs for unused service. This holds true regardless of any changes CommSpeed makes to its network infrastructure.
CommSpeed Customers may avoid the monthly Modem Insurance fee by purchasing a modem outright from CommSpeed. NO WARRANTY IS PROVIDED FOR MODEMS PURCHASED FROM COMMSPEED. If the Customer desires to continue his/her subscription to CommSpeed Service following the demise of his/her owned modem, it is the responsibility of the Customer to obtain a replacement modem by purchasing one through CommSpeed, or obtaining an insured modem through CommSpeed.
The Customer may NOT use equipment on CommSpeed's infrastructure that is not authorized by CommSpeed and CommSpeed reserves the right to deny any Modem not authorized
- Any modem will cost $200 to purchase from CommSpeed.
- Any purchased modem will be covered under warranty and replaced at no cost as long as the CommSpeed account under which it is provisioned is active.
- A customer can supply their own third-party modem, but it must be approved by Network Operations prior to provisioning.
- CommSpeed reserves the right to enforce the $4.95 modem insurance fee in cases of continuous equipment abuse.
Content Delivery Policy
There is content on the Internet or provided by the Service that some people may find offensive or inappropriate, or which may not be in compliance with all federal, state and local laws, regulations and other rules. CommSpeed does not assume any responsibility for the content on the Internet or otherwise available through the Service provided. The Customer must assume the risk of accessing content through the Service and CommSpeed shall not have any liability for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content. Content questions or complaints should be addressed to the respective content provider. Customer is solely responsible for any information which the Customer publishes on the web or other Internet services. The Customer must ensure that the recipient of the content is appropriate.
CommSpeed's service is a shared resource which must be managed and monitored to ensure the quality of experience for all customers. CommSpeed's infrastructure is subject to network congestion due to various types of network traffic and volume. CommSpeed uses network management software to track the bandwidth usage and network patterns of CommSpeed users. CommSpeed reserves the right to conduct tests to improve network security, to enhance the performance of CommSpeed's network, and to determine whether to make available new service offerings or perform system upgrades. These technical tests are performed almost continuously and without notice. During the hours of 6:00am to 12:00am CommSpeed reserves the right to shape any traffic to preserve all customers' online experience. This may include, but not limited to; Bit-torrent, online gaming, media streaming, Gnutella, and newsgroups.
CommSpeed Customer Response Policy:
CommSpeed communicates with its customer user base via electronic mail, postal mail, phone or fax. Customers may communicate with CommSpeed representatives directly with concerns, complaints or questions during CommSpeed's hours of operation. CommSpeed's hours of operation can be obtained on CommSpeed's website http://www.commspeed.net. CommSpeed will advise or follow up with any concerns, complaints or questions to the best of CommSpeed's ability.
CommSpeed is a reseller of data and voice services. In the event of an outage not related to CommSpeed's infrastructure, CommSpeed will immediately contact its service providers to notify and procure information regarding said outage.
CommSpeed retains its logs for 120 days. After 120 days logs are deleted.
CommSpeed Subpoena Policy
CommSpeed’s Policy is to prohibit the release of customer and/or account information without the express permission from the customer involved, unless required by law, to conform to the edicts of the law, or to comply with legal process properly served on CommSpeed or one of its affiliates.
Subpoena contact information:
Virginia Communications LLC
PO BOX 3350
Carefree, AZ 85377
Fees for Subpoena Compliance:
CommSpeed reserves the right to charge the submitting party of the subpoena for costs associated with subpoena compliance. An administration fee to the Customer may also occur.
Policy Regarding E-mail
CommSpeed will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. CommSpeed reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the CommSpeed e-mail address is related to the pending litigation and underlying subpoena.
CommSpeed reserves the right to amend or change these terms and conditions at any time without prior notice.
Last modified: March, 2013