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PONDEROSA HUG BENEFIT PROGRAM Terms of Use

Effective Date: October 1, 2017 - September 30, 2018. New enrollment is closed for this term.

We proudly announce our new benefit program, PONDEROSA HUG, to thank and reward our loyal customers for purchasing broadband and internet service from PONDEROSA INTERNET. PONDEROSA HUG provides qualifying customers extended service benefits free of charge, subject to the TERMS OF USE set forth below.

 

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY PARTICIPATING IN THE PONDEROSA HUG PROGRAM, OR ACCESSING ITS BENEFITS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, NOTIFY US IMMEDIATELY AND DO NOT PARTICIPATE IN PONDEROSA HUG OR ACCESS ITS BENEFITS.

These Terms of Use apply to your participation in, and access to benefits of, PONDEROSA HUG, operated by PONDEROSA INTERNET. These Terms of Use apply solely to the PONDEROSA HUG program, and they do not supplant, modify, revoke, or alter in any way the terms or conditions of any other agreement you have with PONDEROSA INTERNET, PONDEROSA TELEPHONE OR PONDEROSA LONG DISTANCE.

We reserve the right to change, modify and/or eliminate PONDEROSA HUG at any time and in our sole discretion, including but not limited to all or any part of these Terms of Use or any policy or guideline regarding the implementation of PONDEROSA HUG. Changes to, modification of, or termination of, the PONDEROSA HUG program shall be effective immediately upon posting the revisions to http://www.goponderosa.com/terms_ponderosahug.html.

Your participation in, or use of benefits of, PONDEROSA HUG constitutes your acceptance of these terms of use and any such changes, modifications, or termination of the PONDEROSA HUG program. Please carefully review these Terms of Use and applicable policies to understand the terms and conditions of the PONDEROSA HUG program. If you do not agree to the Terms of Use, notify PONDEROSA CUSTOMER CARE immediately, do not participate in PONDEROSA HUG or access its benefits.

 

EFFECTIVE DATE

We will implement PONDERSA HUG on OCTOBER 1, 2017, for all qualifying customers, program benefits will be available immediately thereafter.

 

QUALIFYING CUSTOMERS AND ENROLLMENT IN PONDEROSA HUG.

PONDEROSA HUG is available for residential and single line business customers only. Qualification for PONDEROSA HUG is per telephone number. Each telephone number must meet the following Qualifying Criteria in order to qualify:

    1. Purchase any Ponderosa Broadband internet access service; and
    2. Presubscribe to any Ponderosa Long Distance product; and
    3. Have a PONDEROSA credit class rating of “A”.
A PONDEROSA credit class rating of “A” is defined for the purposes of PONDEROSA HUG as an account with a timely payment history, no late payment notices, and no disconnects for nonpayment in the previous 12 months.

Any residential or single line business customer who satisfies and maintains the Qualifying Criteria during the Term is a Qualifying Customer who shall receive the benefits of PONDEROSA HUG subject to this TERMS OF USE.

PONDEROSA will evaluate active accounts during the Enrollment Period to determine Qualifying Customers. The Enrollment Period occurs in September of each year PONDEROSA Hug is in operation. Qualifying Customers will be automatically enrolled in PONDEROSA HUG no later than October 1 of each year.

Qualifying Customers may be enrolled in PONDEROSA HUG only during the Enrollment Period. PONDEROSA will notify Qualifying Customers of their enrollment and their access to the program’s benefits. If, after notification, a Qualifying Customer does not wish to participate in, or access the benefits of, PONDEROSA HUG, please notify PONDEROSA CUSTOMER CARE immediately to terminate your enrollment.

 

TERM AND TERMINATION

The Term of PONDEROSA HUG is 12-months, running from October 1 through September 30 of each year the program is active.

PONDEROSA reserves the right to terminate PONDEROSA HUG to potentially Qualifying Customers by placing a closing date on these terms and conditions posted at www.goponderosa.com/terms_ponderosahug.html prior to the Enrollment Period for any applicable year.

PONDEROSA may terminate PONDEROSA HUG, and its access to benefits for Qualifying Customer(s), without cause and at any time. Termination shall be effective upon 30 days written notice to Qualifying Customer(s).

PONDEROSA also may terminate Qualifying Customer(s) from PONDEROSA HUG if a Qualifying Customer fails to maintain the Qualifying Criteria during the Term. Termination in this event is immediate and effective without notice.

Qualifying Customer(s) may cancel products or services purchased to satisfy the Qualifying Criteria to terminate their participation in PONDEROSA HUG. This may be done at any time by notifying PONDEROSA CUSTOMER CARE via telephone call or in writing. Qualifying Customers are notified, however, that other conditions or restrictions may apply subject to the terms and conditions for each such Qualifying Criteria product or service. Qualifying Customers should visit our website, http://www.goponderosa.com/terms_ponderosahug.html to view the terms of use and conditions of such Qualifying Criteria products or services.

 

BENEFITS

The benefits that are available to Qualifying Customers through PONDEROSA HUG are based on the extended services identified for the program and include:

    1. Gateway Replacement Due to Damage – If your PONDEROSA rented or purchased broadband gateway suddenly stops working or is damaged, Qualifying Customers receive a free replacement, just contact our Customer Care Office during regular business hours.

    Benefit limit, one (1) free replacement per Term.
    2. Extended Appointment Hours – Need an appointment later in the day or on Saturday? No problem for Qualifying Customers. Just contact PONDEROSA CUSTOMER CARE to set one up.

    Benefit limit, two (2) Extended Hour Appointments per Term. Extended Appointment Hours are Monday through Friday, 4pm to 6pm, and Saturday, 8am to 4:30pm.
    3. No Repair Trip Charges – Qualifying Customers receive two (2) waivers of repair trip charges during each Term.

    Benefit limit, two (2) waiver of trip charges per Term.
    4. Free Repair of Inside Wire and Data Jack – We will repair Qualifying Customers’ standard telephone inside wire or establish a separate data jack for your broadband service at no charge.

    Benefit limit, one (1) visit per Term. Service does not include relocation of existing jacks and is limited to the repair of one (1) working voice and data jack. See additional limits at http://www.goponderosa.com/terms_ponderosahug.html.
    5. Free In-Home Wi-Fi Device Connection Support – Need a little help with your Wi-Fi devices? We can help at no extra charge to Qualifying Customers.

    Benefit limits, two (2) in-home visits per Term. Wi-Fi support is PONDEROSA’s best efforts; no guarantee of connectivity or device compatibility is made. See full benefit limits at http://www.goponderosa.com/terms_in-home-support.html.
    6. Free Broadband Speed Upgrade Installation – Need more broadband speed? Free installation upgrades for Qualifying Customers. Just contact PONDEROSA CUSTOMER CARE.

    Benefit limits, broadband speed upgrades limited to network availability.
PONDEROSA reserves the right to change the number and content of benefits in its sole discretion at any time during the Term. PONDEROSA HUG benefits are specific to the service location of the Qualifying Customer and cannot be shared or transferred. Read each offer carefully for specific details, expiration dates, limitations and restrictions.

 

LIMITATION OF LIABILITY

Qualifying Customer(s) hereby waives, releases and discharges PONDEROSA for:

    1. any direct, indirect, special, incidental, exemplary, and/or extraordinary or consequential damages of any nature whatsoever even if PONDEROSA has been advised of the possibility of such (including, but not limited to, lost profits, lost savings, interruption of business, or by reason of mistakes, interruptions, delays, errors, defects in service, or faulty or misdirected transmission) suffered for any reason by Qualifying Customer(s) or anyone else with respect to Qualifying Customer(s)’ account(s);
    2. any damages, loss, or liability suffered by Qualifying Customer(s) or anyone else as a result of any failure to live up to any of Qualifying Customer(s)’ obligations under this Agreement or applicable law or regulation, or with respect to the Qualifying Customer(s)’ account; and
    3. any claim, action, or proceeding against the Qualifying Customer(s) or anyone by any third-party for damages, loss or liability, any or all of which is based upon, arises out of, or is derived from or otherwise related to the use and/or access which is the subject of this Agreement.
Qualifying Customer(s) agree that PONDEROSA’s maximum liability to Qualifying Customer(s), or anyone using his or her account, for any and all damage, loss or liability of any kind, whether arising out of PONDEROSA’s negligence, tort or breach of contract related to products or services rendered under PONDEROSA HUG, including these TERMS OF USE, shall be limited to the amount of one hundred dollars ($100.00).

 

NO REPRESENTATIONS OR WARRANTIES

Qualifying Customer(s)’ right to use PONDEROSA’S services and systems is provided "AS IS" and "WHEN AVAILABLE." PONDEROSA makes NO WARRANTY of any kind or nature regarding PONDEROSA HUG and the services provided thereunder, including but not limited to warranties of merchantability and of fitness for a particular purpose, and NO REPRESENTATIONS regarding the PONDEROSA HUG program or its products and services. Qualifying Customer(s) acknowledge that use of PONDEROSA’S services and systems and the Internet in general is at Qualifying Customer(s)’ sole risk, and that PONDEROSA has made no representation or warranty its services and systems will be uninterrupted or error free.

This limitation of warranties was a material factor in the establishment of the fees charged for PONDEROSA’S services and system and shall survive the expiration or termination of this Agreement.

 

INDEMNITY

Qualifying Customer(s) agrees to indemnify, defend, through attorneys reasonably acceptable to the PONDEROSA and hold PONDEROSA, it agents and employees harmless from and against any claims, damages, loss, proceeding, liability, judgement, settlement, costs or expense (including reasonable attorney's fees, fines, and penalties) of every kind and character suffered by PONDEROSA, its agents, and employees by reason of any breach or alleged breach or failure of any of the agreements, representations, duties, or obligations of Qualifying Customer(s) under this Agreement. This indemnification obligation shall survive the expiration or termination of this Agreement.

 

MISCELLANEOUS

There are no subscription fees associated with the PONDEROSA HUG program. Benefits under the program are promotional and have no cash value.

Without notice, PONDEROSA reserves the right to suspend any PONDEROSA HUG promotion on Qualifying Customer(s)’ account and/or Qualifying Customer(s)’ participation in PONDEROSA HUG if PONDEROSA determines in its sole discretion that Qualifying Customer(s) has:

    1. violated these TERMS OF USE;
    2. have more than one (1) account, or
    3. use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful.
PONDEROSA may, in its sole discretion, suspend, cancel PONDEROSA HUG benefits that appear to be duplicative. In the event that Qualifying Customer(s)’ participation in PONDEROSA HUG is terminated, then all accumulated benefits are void.

In the event that Qualifying Customer(s)’ PONDEROSA account is inactive, then all accumulated PONDEROSA HUG benefits are void.

Ponderosa reserves the right to terminate, discontinue or cancel the PONDEROSA HUG program at any time and in its sole discretion without notice to you.

 
 
 

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