Fixed Services & Policies
Acceptable Use Policy
By using Cellcom's Fixed Services, as that term is defined in Cellcom’s Fixed Services Terms and Conditions Customer agrees to be bound by, and comply with, this Cellcom Fixed Services Acceptable Use Policy ("AUP") and any Terms and Conditions associated with the service(s) to which the customer subscribes. Cellcom reserves the right to change or modify the AUP and Terms and Conditions at any time at its discretion. Any changes or modifications become effective when posted. Customer's use of Cellcom's Fixed Services after the changes or modifications have been posted shall constitute acceptance of all such changes or modifications.
- Enforcement and Notification. Any user which Cellcom, at its sole discretion, determines has violated the terms of this AUP or Terms and Conditions may be subject to Cellcom taking action to enforce this AUP and Terms and Conditions. Those actions may include, but are not limited to, warning the violating user, suspending the violating user's account(s), or terminating the violating user's account(s). Cellcom may, when feasible, attempt to notify the user of the violation and allow the user to correct the violation. However, notification is not required nor does a failure to notify a user limit the actions Cellcom may take. Cellcom reserves the right to immediately suspend or terminate a user's service without notice in response to a legal order or government notice that certain conduct must be terminated immediately. In addition, Cellcom reserves the right to immediately suspend or terminate a user's service without notice if Cellcom reasonably determines that a user's conduct: (a) violates any applicable law or regulation; (b) exposes Cellcom to criminal or civil liability, prosecution, or sanctions; (c) exposes Cellcom's network or Cellcom's customers' network or property to harm; (d) interferes with the integrity or normal operations of Cellcom's network; or, (e) interferes with another Cellcom customer's use of Cellcom's data service. Cellcom's suspension of the user's service in accordance with this AUP is not, and shall not be construed to be, a termination of the user's corresponding service agreement with Cellcom; and the user shall be and remain obligated to comply with each and every term of such agreement notwithstanding the suspension (including, but not limited to, the payment of all fees and charges identified in that agreement). Further, notwithstanding any termination of a user's account(s) by Cellcom in accordance with this AUP, the user shall remain obligated to fulfill all accrued obligations stated in such user's service agreement with Cellcom, as well as any obligations resulting from the termination by Cellcom (including, but not limited to, the obligation to pay to Cellcom any early termination fees stated in the service agreement). Cellcom reserves the right to remove, block, filter, or restrict the transmission of any material or content that Cellcom determines, at its sole discretion, is unlawful. Such transmission, or attempted transmission, violates this AUP and Terms and Conditions and Cellcom may take action as described above.
- Prohibited Conduct and Activities. The Cellcom network must be used in a manner consistent with the intended use and purpose of Cellcom's network and services provided to the customer and may only be used for lawful purposes. Customers are prohibited from using Cellcom's network and services in order to transmit, distribute, or store material that in any way is unlawful, that is harmful to or interferes with Cellcom's network or services, or that adversely affects, or interferes with, the use or enjoyment of Cellcom's network or services by other users. In addition, the conduct and activities listed below are specifically prohibited. The list is not exclusive. Failure to specifically list a prohibited conduct or activity does not imply or confer that said conduct or activity is permitted or lawful.
- Unlawful Activities. Cellcom's services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, federal, national or international law, treaty, court order, ordinance, regulation, or administrative rule. Customer shall not use Cellcom's network or services to transmit any material whose transmission is unlawful under any law applicable to such transmission.
- Harm to Minors. Customer shall not use Cellcom's network or services to harm, or attempt to harm, minors in any way.
- Child Pornography. Customer shall not use Cellcom's network or services to publish, submit, receive, upload, download, post, use, copy, produce, transmit, distribute, or store child pornography.
- Threatening Material or Conduct. Customer shall not use Cellcom's network or services to host, post, transmit, or re-transmit any content or material that harasses or threatens or encourages bodily harm or destruction of property.
- Inappropriate Content. Cellcom reserves the right to remove or restrict posting of materials that, at Cellcom's sole and reasonable discretion, is determined to be obscene, indecent, defamatory, libelous, hateful, malicious, threatening, abusive, racist, excessively violent, promotes the use of violence against others, fraudulent, or treasonous.
- Harassment. Customer shall not use Cellcom's network or services to transmit any material that unlawfully or otherwise harasses another.
- Intellectual Property. Customer shall not use Cellcom's network or services to publish, submit, receive, upload, download, post, use, copy, reproduce, transmit, re-transmit, distribute, or store any material that may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights including, but not limited to, copyright, patent, trademark, trade dress, and trade secret. Customer shall not use Cellcom's network or services in any manner that would dilute, misappropriate, infringe, or violate any such rights.
- Fraudulent or Misleading Content. Customer shall not use Cellcom's network or services to transmit or distribute material containing fraudulent offers for goods and services or any advertising containing false, deceptive, or misleading statements, claims, or representations.
- Harmful Content. Customer shall not use Cellcom's network or services to transmit, distribute, or store material that may be harmful to or interfere with Cellcom's network and services or any third party's network, service, or system. This includes, but is not limited to, viruses, worms, and Trojan horses.
- Forgery or Impersonation. Customer shall not use Cellcom's network or services to add, remove, or modify identifying information in an attempt to deceive or mislead the recipient of such information or to impersonate another person.
- Unauthorized Access. Customer shall not use Cellcom's network or services to access, or to attempt to access without authorization, the accounts of others or to gain access to Cellcom's network, databases, or systems, whether or not the attempt or intrusion is successful.
- Unsolicited Commercial or Bulk E-mail. Customer shall not use Cellcom's network or services to transmit unsolicited commercial e-mail, unsolicited bulk e-mail, or any such e-mails which could reasonably be considered "spam." In addition, Customers are prohibited from using another provider's service to send "spam" to promote a site hosted on or connected to Cellcom's network or services. Customers shall also refrain from using Cellcom's network and services to: (1) send e-mail messages which are excessive and/or intended to harass or annoy others; (2) continue to send e-mail messages to a recipient that has indicated they no longer wish to receive them; (3) send an e-mail with a forged TCP/IP packet header information; (4) send malicious e-mail, including, without limitation, "mail-bombing"; or, (5) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider.
- Collection of Personal Data. Customer shall not use Cellcom's network or services to collect, or attempt to collect, personal information about third parties without their knowledge or consent. This includes, but is not limited to, phishing activities.
- Network Disruptions and Adverse Activity. Customer shall not use Cellcom's network or services to conduct activities that may be harmful to or interfere with Cellcom's network or services or any third party's network or services. In addition, customer shall not use Cellcom's network or services to conduct any activity that adversely affects the ability of other customers to use Cellcom's network or services. This includes, but is not limited to, flooding, mail bombing, or denial of service attacks. Such violations may also result in criminal and/or civil liability. Cellcom will investigate such activity, and when warranted, may involve and cooperate with law enforcement authorities in prosecuting users involved in such activity.
- Third Party Rules. Failure to adhere to any rules, guidelines, or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that are accessed through Cellcom's network or services shall constitute a violation of the AUP and/or Terms and Conditions.
- Prohibition on Resale. Customers are prohibited from reselling Cellcom's services without Cellcom's prior authorization whether or not a fee is being charged.
- Content Responsibilities. Customers remain solely and fully responsible for the content of any material created, accessible, posted, hosted, downloaded, uploaded, accessed, or transmitted either on or through Cellcom's network or services. Cellcom takes no responsibility for such content.
- Monitoring Obligations. Cellcom is under no obligation to monitor Customer's content, usage, bandwidth, or transmission associated with the Customer's use of Cellcom's network or services. However, Cellcom reserves the right to do so. Cellcom may monitor content, usage, bandwidth, or transmissions as necessary to: (a) enforce the terms of the AUP and Terms and Conditions; (b) comply with applicable laws, regulations, or other governmental or judicial directives; (c) protect Cellcom's network and services; or, (d) ensure other users are not being adversely affected by Customer's conduct or activity. Cellcom reserves the right to modify, restrict, or block access or usage in response to discoveries made while monitoring content, usage, bandwidth, or transmissions.
- Indemnification. Customer will defend and indemnify Cellcom against all claims, actions, judgments, damages, fines, costs, and other expenses, including reasonable lawyer's fees and disbursements (collectively, "Indemnification Claims") arising out of Customer's failure to comply with the requirements of this AUP and the certifications and commitments contained herein. For avoidance of doubt, Indemnification Claims shall include regulatory enforcement proceedings initiated by any Government Authority and the costs thereof. In relation to any Indemnification Claims: (a) Cellcom shall have sole control of the defense and/or settlement thereof; (b) Customer shall furnish to Cellcom on request all information in Customer's possession or control for such defense; and (c) Customer shall cooperate with Cellcom in the defense of such claims as requested by Cellcom.
- Failure to Enforce AUP and Terms and Conditions. The failure of Cellcom to enforce this AUP and/or Terms and Conditions, regardless of the reason for not doing so, shall not constitute a waiver of any right to do so at any time. Customer agrees that should any portion of this AUP and/or Terms and Conditions be found invalid or unenforceable, that portion, and that portion only, shall be construed as consistent as possible with the applicable law. The remaining portions shall remain in full force and effect.
Terms & Conditions
These terms and conditions (“Terms and Conditions”) for Cellcom fixed services: Wireline Voice, TV, Fixed-Wireless, or a combination of those services ("Services"), is by and between Nsighttel Wireless, LLC., a Wisconsin limited liability company with its principal place of business at 1580 Mid Valley Drive, PO BOX 5370, De Pere, Wisconsin 54115 (d/b/a and hereinafter referred to as "Cellcom"), and the party whose name(s) appear on the agreement ("Customer"). These Terms and Conditions shall become effective on the date the agreement is signed.
- EQUIPMENT AND SERVICES.
- Services may be subject to transmission limitations caused by atmospheric or geographic conditions. The Services may be temporarily refused or limited because of the system's capacity limitations. Services to any or all customers may be temporarily interrupted or curtailed, without notice, due to Cellcom Equipment, as that term is defined herein, modifications, upgrades, relocations, repairs or similar activities necessary for the proper or improved operations of the system.
- Common Provisions. Each financially responsible individual, business, or entity identified on the agreement hereof shall be jointly and severally responsible for payment of all Services on Customer's account. Neither the Cellcom Equipment nor the Services shall be used by Customer for any purpose that is in violation of federal, state or local law, nor shall the same be used in such manner as to unreasonably interfere with the use of the Services by one or more other customers.
- LIABILITY DISCLAIMER AND INDEMNIFICATION.
- EQUIPMENT. CUSTOMER ACKNOWLEDGES THAT CELLCOM IS NEITHER THE MANUFACTURER NOR THE AGENT OF THE MANUFACTURER OF THE EQUIPMENT PROVIDED HEREUNDER. CUSTOMER ACKNOWLEDGES AND AGREES THAT CELLCOM MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND REGARDING THE EQUIPMENT AND THAT CELLCOM DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL CELLCOM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES CAUSED IN WHOLE OR IN PART BY AN EQUIPMENT MALFUNCTION OR FAILURE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COST OF RENTING REPLACEMENTS, AND OTHER ADDITIONAL EXPENSES, EVEN IF CELLCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- ADDITIONAL LIMITATIONS. It is further specifically agreed as to the Cellcom Equipment and Services provided hereunder that Cellcom shall NOT be liable to Customer or any other party for:
- Any injury to person or damage to property resulting from any negligent or unintentional acts or omissions of Cellcom, its employees, agents or others.
- Any damage or loss by Customer as a result of any partial or complete interruption in the operation of its business or for any failure of any of its Cellcom Equipment or Services.
- Any direct, indirect, special, incidental or consequential damages of any kind sustained by Customer or any other person or entity for any failure of Cellcom Equipment, for the inability of Cellcom to promptly or properly repair Cellcom Equipment, for any interruption of any Services now or hereafter provided by Cellcom or for the loss of any transmission or the information contained therein.
- INDEMNIFICATION. Customer agrees to indemnify and hold Cellcom harmless from all claims, actions, suits, demands and judgments, including actual attorney’s fees and costs, which Cellcom may incur in defending itself against any of the aforesaid arising from Customer’s use or possession or other relationship to the Cellcom Equipment or Services supplied, worked on, or provided by Cellcom or its employees, agents or designees, including, but not limited to, any expenses arising from actions brought under the Occupational Safety and Health Act or other governmental regulations or laws.
- TERMINATION OF SERVICE.
- In the event Cellcom, in its sole discretion, undertakes litigation or collection efforts against Customer to enforce the terms of this Agreement, and Cellcom prevails in such efforts, Customer shall be responsible to reimburse Cellcom for all costs and expenses, including actual attorneys’ fees, incurred by Cellcom relative to such efforts, unless otherwise precluded by law. Further, in the event such litigation or collection effort arises from, or results in, the termination of this Agreement prior to the expiration of its term, Customer shall be liable to Cellcom for the early termination fee (in addition to all outstanding charges on Customer’s account at the time of such termination).
- The term of Customer’s Agreement shall be tolled, and its expiration date extended, for any periods during which Services are suspended due to nonpayment or other violations of the terms of Customer’s Agreement by Customer. Upon Customer’s cure of such violation, Cellcom may, acting in its sole discretion, reactivate Services and shall be entitled to charge Customer a reasonable reactivation fee.
- Customer is required to allow Cellcom personnel on premise for the removal of all Cellcom Equipment used to provide Services. Failure to allow for the removal of the Cellcom Equipment within 30 days of disconnection of Services will result in charges. Unrecovered Cellcom Equipment will be billed to the customer at the minimum rate of $300 for each individual piece of Cellcom Equipment. If the removed or returned Cellcom Equipment is not in good working condition, a charge may also apply.
- VOICE ACCESS NUMBER.
- Cellcom reserves the right, in its sole discretion, to change Customer’s access number upon notice to the Customer. Customer acknowledges that Customer has no proprietary or ownership rights or interest in or to Customer’s number(s), except as allowed for by law, and cannot acquire such rights or interest through usage, publication or otherwise.
- Customer may request that Customer’s access number(s) be transferred to or from another service provider within the same local geographic area.
- If Customer transfers the access number(s) to Cellcom, all activation requirements and charges, including credit approval, apply. Customer remains liable for charges (including cancellation fees) incurred with a former service provider.
- If Customer requests to transfer the access number(s) to another service provider, this request will be considered a notice of Customer’s intention to terminate Services; and the terms of the Agreement set forth in the early termination fee paragraphs will apply. Upon request, all amounts then owed to Cellcom (including the early termination fee and any amounts that appear on the final invoice) shall become immediately due. If a transfer is unsuccessful for any reason, Services will not terminate, and Customer will continue to be responsible for all Service or other charges (not the early termination fee).
- When transferring access numbers to another service provider, voice mail, phone book or other Services may be lost.
- Cellcom does not guarantee, in any way, that such access number transfers to or from Cellcom will be successful.
- RATES AND CHARGES.
- Customer acknowledges that it is responsible to pay to Cellcom all charges resulting from the provision of Cellcom Equipment and use of the Services.
- Except as may be prohibited by law, Cellcom reserves the right to amend these Terms and Conditions upon notice to Customer and the expiration of a thirty-day objection period afforded to Customer. If, after receiving any such notice from Cellcom, Customer desires to terminate the Agreement due to the proposed amendment(s), Customer shall, within thirty days of receipt of Cellcom’s notice, deliver written notice of termination to Cellcom; and the Agreement and Customer’s ability to utilize the Services shall terminate on the fifth day following Cellcom’s receipt of Customer’s notice of termination. Notwithstanding, if Customer utilizes the Services or makes payment to Cellcom therefor after Customer’s receipt of Cellcom’s notice, Customer shall be deemed to have agreed to Cellcom’s proposed amendment(s) and shall not thereafter have any right to terminate the Agreement due to such amendment(s).
- There may be added to any charges incurred by Customer amounts equal to any industry-wide surcharges and/or fees and any surcharge, duty, levy, tax, or withholding, including, but not limited to, sales, property, ad valorem, excise and use taxes, or any tax in lieu thereof or in addition thereto, imposed by any local, state, or federal government or governmental agency with respect to the Services, or with respect to services provided to customers, excepting only taxes on the income of Cellcom. In addition, there may be added to any charges, additional charges to reimburse Cellcom for its reasonable and necessary costs and expenses incurred in maintaining compliance with regulatory requirements imposed by any local, state, or federal government or governmental agency having jurisdiction over Cellcom.
- Customer’s access to, and use of, Services is further governed by Cellcom’s “Acceptable Use Policy” which can be found at www.cellcom.com/terms/FixedSerivces. Among other things, the Acceptable Use Policy provides that Cellcom may suspend or terminate Customer’s access or use of Services at any time and without notice to Customer in the event Customer violates any term or condition of the Acceptable Use Policy.
- When Customer provides a check as payment, Customer authorizes Cellcom to make a one-time electronic funds transfer from Customer’s account. Therefore, funds may be withdrawn from Customer’s account on the same day Customer’s payment is received. Customer may not receive Customer’s check back from Customer’s financial institution.
- Autopay (checking and savings accounts only, no credit or debit cards) and paperless bill required for the discounted rate of $2 per month.
- OPEN INTERNET DISCLOSURE.
- THROTTLING. Data speeds on Cellcom’s Fixed Wireless Internet plans will automatically slow to a maximum of 1.5 mbps for the remainder of the bill cycle when usage reaches its high-speed data allotment. Customer may contact Customer Care to review plan options available. Ability to stream, video resolution, speed, and other data usage are not guaranteed, may vary, and may be impacted by a variety of other factors.
- PRIORITIZATION. If necessary, Cellcom may prioritize mobile wireless traffic over fixed wireless traffic. If so done, you may notice decreased speeds with the Services.
- MISCELLANEOUS PROVISIONS.
- Entire Agreement. These Terms and Conditions, together with all agreements and any other documents referenced herein, shall constitute the entire agreement between the parties; and no term or condition contained herein or therein may be modified or waived, except in writing signed by an authorized representative of Cellcom. The acceptance by Cellcom of any payment after it shall become due shall not constitute or be construed as a waiver of any or all of Cellcom’s rights hereunder.
- Assignment and Interpretation. These Terms and Conditions shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto; provided, however, that Customer may not assign this Agreement, or any or all rights or obligations hereunder, to any third party without the prior written consent of Cellcom. The interpretation of this Agreement shall be subject to the laws of the State of Wisconsin.
- Severability. The invalidity of any portion of any provision of these Terms and Conditions shall not affect the validity of the remainder of the provisions hereof.
- Service Fee. Customer may change to other pricing plans available to existing customers, but the term of this Agreement will remain unchanged unless such term is otherwise extended under the terms of another pricing package selected by Customer.
- Technology Enhancements. Cellcom reserves the right to change your Cellcom Equipment’s software or programming, over the air, without notice.
- EQUIPMENT AND SERVICES.