Service Agreement
Customer Agreement
In order to begin service, you must review the following terms and conditions governing ACTS, LLC access Service. These terms and conditions will constitute a binding contract, or agreement, between you and ACTS, LLC. This explains ACTS, LLC’s obligations to you, and explains your obligations to ACTS, LLC when you use the Service. You agree that your use of the Service and your access to the Service is provided in consideration of your agreement to abide by the following terms and conditions.
Membership Rights and Responsibilities
By completing enrollment and accepting all of the terms of this Agreement, you become an authorized user of the Service (“Membership”). Continued acceptance of this Agreement is a condition of Membership. You are responsible for complying with all terms and conditions of this agreement, and with all policies and guidelines posted on the Service.
You agree that ACTS, LLC may: (1) revise the terms and conditions of this Agreement; (2) revise billing rates and account surcharges; and (3) revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately upon posting the revised Agreement on ACTS, LLC home page, www.actscomp.com or upon notification to you by e-mail or United States Postal Service.
If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by contacting ACTS, LLC through the following means: (1) E-mail (2) United States Postal Service (3) Telephone
Continued use of the Service following notice of any revision of the Agreement, constitutes your acceptance of any and all such revisions.
You are personally responsible for all use of the Service under your ID, even if you allow someone else to use your ID. Illegal, fraudulent or abusive use of any ID or of the Service is grounds for termination of Membership, and may be referred to law enforcement authorities. Enrolling or using any ID on the Service under a name other than your own is prohibited.
Only the person whose name is on the account will be allowed to change the Service or cancel the Service.
You are personally responsible for keeping any and all ID’s or passwords for your Service private. You must promptly inform ACTS, LLC if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number stored on the Service. Until ACTS, LLC is notified of a breach of security you will remain responsible for any unauthorized use of the Service occurring under your Account.
You agree that the Service may only be used for lawful purposes. Any transmission outlawed by state, federal, or international law is strictly prohibited, including but not limited to, the transmission of unauthorized transactions, copyrighted materials, misappropriated trade secrets, and threatening or obscene materials. ACTS, LLC may refuse to display or may remove from the Service any material that ACTS, LLC believes violates this Agreement or any policies or guidelines posted by ACTS, LLC on the Service.
ACTS, LLC has no responsibility for the operation, support, maintenance or repair of any personal Customer Equipment including but not limited to, Customer equipment to which a third party has sent software or downloads for.
No Warranty
ACTS, LLC expressly disclaims any and all loss or liability resulting from, but not limited to:
Loss of data, hardware, or software
Loss or liability resulting from access delays or access interruptions
Loss or liability resulting from computer viruses
Loss or liability resulting from data non-delivery or data mis delivery
Loss or liability resulting from errors, omissions, or misstatement in any and all information, goods, or services obtained on or through the Service
Loss or liability resulting from acts of God
You agree that ACTS, LLC’s entire liability, and your exclusive remedy, with the respect to use of the Service, service software, and any breach of the Agreement is strictly limited to a prorated portion of the amount paid to ACTS, LLC for monthly membership fees.
ACTS, LLC disclaims any and all express or implied warranties including and without limitation: (1) Any warranties as to the availability, accuracy, and content of information, products, or services: (2) any warranties of merchantability of fitness for a particular purpose: (3) equipment is provided “as is” and “as available”.
No oral or written statement, service description. Advice, recommendation or information given outside of this agreement, whether before or after the agreement becomes effective, will create a warranty or other obligation on the park of ACTS, LLC or any of its affiliates. To the maximum extent permitted by law, ACTS, LLC disclaims all warranties, express or implied, including warranties of performance, availability, quality of service, merchantability, fitness for a particular purpose, non-infringement or as to the proper or timely delivery or security of your communications over our facilities.
ACTS, LLC does not guarantee or warrant:
Continuous, uninterrupted or secure access to any service
That service will be available on a specified date or time or that our network will have the capacity to meet demand during specific hours
Any particular download or upload speed for any internet access service or any other characteristics of that or any other kind of service
Compatibility of any service with your computers, telephone, or video equipment, as well as operating systems or software
That any service will work as intended
Indemnification
You agree that you shall be responsible for and shall defend, indemnify, and hold harmless ACTS, LLC and our employees, affiliates, suppliers, agents, contractors, distributors, licensors, and business partners and shall reimburse us for any damages, losses or expenses (including without limitations, reasonable attorneys’ fees and costs) incurred by ACTS, LLC in connection with any claims, suits, judgments, and causes of action arising out of your use of the services, the ACTS, LLC equipment, or the customer equipment, violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from your use of the Services or any unauthorized apparatus or system. Any claims or damages arising out of the lack of 911/E911or dialing associated with a home security, home detention, or medical monitoring system.
You agree that ACTS, LLC has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph 1 of this section. In such event, you shall have no further obligations pursuant to paragraph 1 of this section.
Data Security
You are responsible for the protection of your data. The internet is not a secure system. Data can be, and often is, viewed by third parties. Private or confidential information should not be placed on the system, or if it is you should take steps to protect such information by using encryption technologies. You understand and assume the risk that any transmission over the Service may be interrupted, intercepted, or destroyed.
ACTS, LLC will provide you notice of a breach of the security of certain personally identifiable information about you. It is our information security policy to provide such notice to you in the manner of either a phone call or United States Postal Service.
Fees and Payment
You are responsible for any and all fixed and cumulative charges to our account. All fees and charges are payable in accordance with the billing terms in effect at the time the fees or charges become payable. ACTS, LLC may require you to make payments by a major debit or credit card, check, money order, cashiers check, or cash.
If you make payment through a credit card, you agree to allow ACTS, LLC to bill such card on each successive billing date without obtaining your permission after the initial charge. You shall notify ACTS, LLC of any changes in credit card number or expiration date information. If the card is not honored for any reason ACTS, LLC will attempt to notify you by the United States Postal Service or by using the telephone information given during the account setup. If an alternative billing arrangement has not been established within fifteen (15) days of the due date, services will be terminated, and a reconnection fee may be added to charges for further service.
If there are any unpaid balances to ACTS, LLC and there are not satisfactory payment arrangements made, your account may be placed with an external collection agency. You will be responsible for reimbursement of the fee of any collection agency, which may be based on a percentage at a maximum of 35% of the debt, and all costs and expenses, including reasonable collection and attorney’s fees incurred during collection efforts.
In order for ACTS, LLC or their designated external collection agency to service your account, and where not prohibited by applicable law, you agree that ACTS, LLC and the designated external collection agency are authorized to (1) contact you by telephone at the telephone number(s) you provided, including wireless telephone numbers, which could result in charges to you, (2) contact you by sending text messages (message and data rates may apply) or emails, using any email address you provided and (3) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable. Furthermore, you consent the designated external collection agency to share personal contact and account related information with third party vendors to communicate account related information via telephone, text, e-mail, and mail notification.
Refund Policy
Refunds are issued on a case by case basis and details must be approved by appropriate ACTS, LLC staff before refunds are paid out. Please call us at 217-992-2420 or email us at support@actscomp.com to request a refund.
Termination of Membership
Either you or ACTS, LLC may terminate the membership at any time and without cause. Only the person whose name is on the account will be able to cancel an existing account.
Your obligations upon termination of this Agreement are as follows:
You will immediately cease all use of the Services and all ACTS, LLC equipment.
You will pay in full for your use of the Services up to the date that this Agreement has been terminated and the Services are disconnected.
You will return all ACTS, LLC equipment to ACTS, LLC at our local office within (10) days. Otherwise, you will be charged up to the retail price for a new replacement for ACTS, LLC equipment. You may also be charged incidental costs that we incur in replacing the ACTS, LLC equipment. Upon our request during regular business hours at a time agreed upon by you and us, you will permit us and our technicians access your premises in order to remove all ACTS, LLC equipment and other material provided by us.
Member Registration Requirements
By completing enrollment and accepting all of the terms of this Agreement, you represent that you are at least eighteen (18) years old and have the legal ability to enter into this Agreement. You agree to provide ACTS, LLC with accurate, complete, and updated registration information. Your failure to provide accurate registration information constitutes the Service may be terminated immediately.