Terms and Conditions

Acceptable Use

Please read this document carefully before accessing internet services provided to you by Rally Networks (Rally). By using any of Rally’s services you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access Rally’s network or systems.

Purpose

This document constitutes the Acceptable Use Policy of Rally.

This document describes the guidelines that Rally uses in providing services to its customers and the rules to which Rally customers must adhere in order to continue to enjoy and allow others to enjoy optimum use of Rally’s services via its network and systems.

Application

This policy is applicable to all Rally customers. A breach of any of the terms and conditions of this policy by any Rally customer is strictly prohibited and may lead to the suspension or termination of the customer’s service, without notice.

All Rally customers must take responsibility for distribution, publication and enforcement of the Rally Acceptable Use Policy at their sites.

GENERAL USAGE

Except as otherwise specifically set forth in this agreement,  Rally makes no warranty, whether express, implied or statutory, as to the installation, description, quality, merchantability, completeness or fitness for any purpose of any portion of the network or any service provided hereunder or described herein, or as to any other matter, all of which warranties are hereby excluded and disclaimed.

Responsible Usage

You must take responsibility for your actions on the network and systems you access through Rally. You must comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger Rally’s network or systems, your access may be suspended or terminated at any time, without notice.

Resource Usage

Rally requires you to act responsibly when consuming resources on Rally’s network and systems. If you unreasonably consume excess resources on Rally’s network and systems, your access may be suspended or terminated at any time, without notice.

Secure Usage

Rally requires you to take responsibility for maintaining the security of your Rally service. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. Subsequent usage of your service by a third party will result in you being responsible for the charges incurred.

UNLAWFUL OR UNAUTHORIZED USAGE

General

Rally’s services may only be used for lawful and authorized purposes. Storage, transmission or distribution of any material in violation of Commonwealth or State legislation is prohibited. This includes copyright material, material legally judged as threatening or obscene, or material protected by trade secret.

Unauthorized Usage

Any attempt to access or modify unauthorized computer system information or to interfere with normal system operations, whether on the equipment of Rally or any computer system or network that is accessed by our services, may result in the suspension or termination of your access. Unauthorized activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome.

Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolization of services, propagation of, or transmission of information or software which contains computer worms, trojan horses, viruses or other harmful components, using the network to make unauthorized entry to any other machine accessible via Rally, sending harassing or threatening e-mail, and forgery or attempted forgery of e-mail messages and Usenet news postings.

You will be held liable for, and indemnify Rally for, all costs and damages, attributable to your unauthorized activities or disruptions.

Illegal or Fraudulent Usage

You must not use, or allow any other person to use, the Rally’s network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1989 (Cth), the Crimes Act 1958 (Vic) or under other applicable state and/or Commonwealth Laws.

Copyright

It is your responsibility not to store on a Rally system, transfer or cause to be transferred over the Rally network, reproduce or make available for distribution through the Rally network, any data where the storage, reproduction, transfer, or distribution of, that data is in contravention of the Copyright Act 1968.

DMCA Copyright Violations

Initial copyright violations will result in a 30 day probationary period, with notification being made to the offending party.  If further offenses are committed in the following 60 days Rally will practice their right to throttle, or restrict subscription speeds for a period of seven days per offense.  Should violations re-occur in the thirty days thereafter internet services will be permanently disconnected with no option for future subscription.

Content

Rally does not and cannot monitor or control the content and information accessed via Rally; Rally only provides access. Rally shall not be held responsible in any way for the content of the information accessed via Rally or offered for public access via Rally. It is you and/or your users and customers’ responsibility to avoid whatever is found to be offensive or obscene on any system. You and/or your users and customers must take responsibility for the material placed on Rally’s network and systems, and the statements made in mediums including, but not limited to, web pages, e-mail, chat or discussion forums and Usenet news. Content providers must clearly identify material unsuitable for minors and refrain from contributing prohibited material, including, but not limited to, material deemed obscene under the Classifications (Publications, Films and Computer Games) Act 1995 (Vic). Failure to comply with relevant legislation by you or your users and customers may lead to suspension or termination of your access.

Investigation by Authorities

Rally reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the Rally’s network and systems is occurring. Rally co-operates fully with Commonwealth and State Police and other bodies investigating unlawful behavior on or via its network or systems.

Rally reserves the right to suspend your access if your usage of its network or systems is subject to any investigation.

Complaints

To report a violation of Rally’s Acceptable Use Policy, please send details, including any documentation, article or e-mail to acceptableuse@ortelco.net

General

Rally reserves the right to suspend or terminate your service without refund should you or your customers breach, or assist, abet, encourage or incite another party to breach any of the above terms, conditions, rules, regulations or laws.

Disclaimer of Liability

Rally disclaims all liability for, and does not accept any responsibility for, anything that may happen to you or your equipment, or any loss incurred by you through use of Rally, the use of any of the services provided by Rally, or the suspension or termination of your service by Rally. This disclaimer of liability does not supersede or replace any other obligation expressly provided in any Rally Service Agreement.

Limitation of Liability: The total liability of Rally to Customer in connection with this agreement, for any and all causes of actions and claims, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts, shall be limited to the lesser of: (a) direct damages proven by customer; or (b) the amount paid by Customer to Rally under this agreement for the one (1) month period prior to accrual of the most recent cause of action. In no event shall Rally be liable for special, punitive, consequential or incidental damages, including without limitation, lost revenue, profits or other benefit whether by tort, contract, or otherwise.

Repair:

Rally professionals will properly install the necessary network equipment, and connect it to your personal equipment.  After the initial install if an Rally technician is dispatched to your premise and finds that problem is due to the tampering of cables, software, hardware or equipment, you will be charged applicable time and material charges to resolve your issues.

I have read and agree to the above listed terms and conditions.

Managed WIFI

This AGREEMENT is signed between you the customer (Client) and Rally Networks.  The purpose of this agreement is to confirm the customer subscription to our Managed WIFI product and use of equipment.  

By signing this agreement, you authorize Rally Networks to troubleshoot and test your network from this device.

The Client agrees to the monthly lease of Managed WIFI equipment for the purpose of internet services.  These additional services and charges will be applied to the Client’s account.  

Should this equipment fail due to regular usage it will be replaced by Rally Networks at no cost to the Client.  Any equipment found to be defective due to misconduct will be billed to Client at $250.00. Misconduct is defined as animal damage, bug damage, and/or general mistreatment of the equipment.

When services or lease is terminated, Client will be responsible for returning equipment to the business office.  Failure to return leased equipment will result in a $250.00 fee being billed to Client’s account.  

Battery Backup Information

I understand, if I am a customer that uses fiber optic cable for a phone and/or an internet connection fiber will not provide a power supply during a power outage. To have phone and/or internet during a power outage I will need a battery backup that can be purchased from Rally Networks or a local store.

Rally Networks offers an 8-hour ($129.95) and a 24-hour ($389.95) battery backup that are available for purchase. Please ask the customer relations specialist for details if you are interested in purchasing one of these power options.

I understand that battery backup units must be kept dry and indoors. These units must be tested periodically to ensure they still are in good working condition. I can test by unplugging the battery backup and watch to see if ONT and router stay on; I can also use a multimeter on the battery inside the unit.

There are no implied warranties. The packaging will contain any warranty information that is available. If there is not warranty referenced then there is no warranty available.

VoiP is not a guaranteed phone service.

Please Read

Rally Networks always bills 1 month in advance therefore your first bill will be a prorated bill including the days from installation to end of the following month. This will result in higher charges than normal on the first bill.

After the first bill cycle your bill will be the typical single month charges.

Rally Networks listed pricing does not include fees and taxes. A $25 NSF fee will be applied to all returned payments. An individual may opt out of the contract for $220. A deposit of $50 will be taken at time of sign up and returned as credit to the bill at the end of 365 days. There is an account activation fee of $50, which includes the wiring of one jack if needed. To transfer service there is a $40 fee and a new contract will need to be established. Any additional wiring beyond the one jack (if needed) will be assessed time and materials. A customer has 30 days from time of contract signing to cancel, payment of services used will not be reimbursed.

Accounts that are paid late will be assessed a late charge. Accounts that have been turned off due to non-payment will require a reactivation charge.