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Speakeasy Terms of Service
Speakeasy is committed to providing dedicated, reliable and robust Internet services by providing options that are not necessarily offered by other Internet service providers. By subscribing to Speakeasy services, you understand and agree to these terms of service and any future modifications or additions to this document.
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Email:
Speakeasy communicates with customers primarily via email. You agree that sending a message to your contact email address is our agreed upon means of providing notification. All Speakeasy Internet services come with at least one email account. It is required that you routinely check this email account, or in the event that you have another email account that you prefer to use, make arrangements to forward your Speakeasy email to your preferred account. You can set up or change your forwarding by logging into MySpeakeasy (login required). Your Speakeasy email account is used to communicate vital information about your services, billing, service outages, and enhancements or changes to your existing services. This information is time-sensitive in nature. It is required that you read any email sent to your account to avoid any potential interruptions in your service.
Privacy Policy:
Speakeasy is committed to respecting your privacy. Once you choose to provide personally identifiable information, it will only be used in the context of your customer relationship with Speakeasy.
On various Speakeasy web pages you can order services, make requests, and register to receive materials or support. The types of personal information collected at these pages are name, username, contact and billing information, transaction, and credit card information. Data collected online may also be combined with information provided during ownership registration of Speakeasy products and services. In order to tailor subsequent communications and continuously improve products and services, Speakeasy may ask you to voluntarily provide information regarding your personal or professional interests, demographics, product experience, and contact information.
Speakeasy will not sell, rent, or lease your personally identifiable information to others. Unless required by law, Speakeasy will only share the personal data provided with business partners who are acting on our behalf to complete the activities you requested. Such business partners are governed by Speakeasy's privacy policy with respect to the use of this data. Unless required by law, should a company not governed by Speakeasy's privacy policy require your personal information, your permission will be initially obtained. If you choose to share such information, the use of that data will be governed by the company's respective privacy policy.
Speakeasy uses your information to better understand customer needs and continuously improve the level of service provided. Specifically, your information is used to help complete a transaction, to communicate back to you, to update you on service and benefits, and to personalize Speakeasy's web site. Credit card numbers are used only for payment processing and are not utilized for other purposes.
From time to time, Speakeasy may use your information to contact you for market research or to provide you with information thought to be of particular interest. At a minimum, you have the opportunity to opt out of receiving such direct marketing or market research contact. Where applicable, Speakeasy will also follow local requirements such as allowing you to opt in before receiving an unsolicited contact.
Speakeasy strives to keep your personally identifiable information accurate. Every effort is made to provide you with online access to your registration data so that you may update or correct your information at any time. Speakeasy is committed to ensuring the security of your information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, appropriate procedures are in place to safeguard and secure the information collected online. Speakeasy uses encryption when collecting or transferring sensitive data such as credit card information.
Notwithstanding the above polices and guidelines, there are Federal Communications Commission rules governing the access, use and disclosure of certain information that Speakeasy obtains from you in its provision of Voice Over Internet Protocol ("VoIP") services to you. This information is known as customer proprietary network information ("CPNI"). CPNI relates to the quantity, technical configuration, type, destination, location and amount of VoIP service that you subscribe to. Speakeasy may not, without notifying you of your rights and obtaining your consent, access or use this information to market services to you other than the types of services you already receive from Speakeasy. Nor may Speakeasy, without notifying you of your rights and obtaining your consent, disclose your CPNI to its agents, affiliates, joint venture partners or independent contractors for the purpose of marketing services to you.
Speakeasy takes its responsibility to protect your CPNI seriously. If you wish to obtain access to your CPNI from Speakeasy (such as the numbers that you have called in the prior month), you must either (1) log-on to Speakeasy's secure website and obtain access to your CPNI using your account password or if you are a Business VoIP customer, call your account representative and provide either the last four digits of the billing credit card on the account or be able to supply the amount due to Speakeasy on your bill from the last two months.
Moderations of Use:
Bandwidth: As an ISP, Speakeasy's bottom line is determined partially by the amount of bandwidth customers utilize. Speakeasy can normally balance that cost and utilization while continuing to provide great service to all customers. Customers will not be charged for the bandwidth consumed, nor do we have specific limits or caps on that bandwidth. If you utilize any of your Speakeasy services in a manner which consumes excessive bandwidth or affects Speakeasy's core equipment, overall network performance, or other users' services, Speakeasy may require that you cease or alter these activities.
Speakeasy does not allow customers authoritative control of their own reverse DNS within the speakeasy.net or speakeasy.org domain.
The resale of residential-class services is strictly prohibited. Collection of service fees from third party customers on behalf of a Speakeasy residential-class service is allowed only if the primary account holder has subscribed to a service package defined by Speakeasy to promote connection sharing of any type. This includes but is not limited to both wireless and wired connection sharing.
Speakeasy believes in the right of the individual to publish information they feel is important to the world via the Internet. Unlike many ISP's, Speakeasy allows customers to run servers (web, mail, etc.) over their Internet connections, use hubs, and share networks in multiple locations. Any service that causes a disruption in the network integrity of Speakeasy or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: IRC servers, adult-content servers, bots, webpages hosted on any Speakeasy servers, servers connected to a Speakeasy provided Internet connection, or shared networks. Speakeasy reserves the right to modify or terminate services at our sole discretion.
Acceptable Use Policy:
You are ultimately responsible for any and all activity that originates from your Internet circuit regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends and guests. This also applies to security breaches of your own system by others who launch attacks from your machine. It is absolutely imperative that everyone with an Internet connection takes proper precautions to ensure the security of their machine. You are liable and accountable for any activity originating from any of your Speakeasy account services that are deemed to be in violation of our Acceptable Use Policy.
Speakeasy vigorously pursues all instances of abuse. If you feel you have been attacked or spammed, please notify Speakeasy's Abuse Department and appropriate action can be taken.
In the event of activity which could be considered deliberately or otherwise abusive or in violation of this Acceptable Use Policy, Speakeasy reserves the right to suspend and/or terminate your account and all Speakeasy-provided services immediately, without advanced notice. Speakeasy reserves the right, at its sole discretion, to make a determination of what constitutes abuse and you agree that Speakeasy's determination is final and binding on you.
The following activities are considered in violation of Speakeasy's Acceptable Use Policy:
Intellectual Property Rights Infringement
Speakeasy respects the intellectual property rights granted under the US copyright laws and the interests of subscribers and content providers on the Internet. You may not store material on, or transmit material over, Speakeasy, Inc.'s information systems or servers in any manner that infringes the intellectual property rights of any entity or individual. All notices received by Speakeasy indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account holder on file, accompanied by a request to verify and possibly cease and desist. Speakeasy Inc.'s policy of service suspension or termination of members deemed to infringing the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act ("DMCA") as well as US copyright law.
Denial of Service
The use of your connection to facilitate any activity that deliberately impairs another entity, individual or machine from accessing their computer or Internet connection is in violation.
Hacking
Any member accessing or attempting to access the machines or accounts of others or any other attempts to breach the security of other systems, regardless of success or failure, is in violation. This also applies to unauthorized mail or web relay/proxy access attempts and port scans.
E-Mail Spam
Transmission of unsolicited e-mail from anywhere within our network, distributing unsolicited, commercial, email which advertises any portion of Speakeasy's network, IP or domain space, hosting content for the purpose of spamming (such as bulk e-mail distribution lists) or providing support services (such as DNS) for anyone intending to conduct such activity is in violation.
Newsgroup Spam
Posting of messages to newsgroups that are off-topic or mass posting of messages to news groups is in violation.
Dissemination of Viruses
Intentional release of malicious software that is an attempt to
cause damage or harassment to persons and/or machines is in
violation. Additionally, repeated demonstrated neglect of
equipment on the network which causes malicious traffic or allows
unsolicited emails to be sent to other customers or third parties
is in violation.
Personnel Abuse
Personal threats, sexual harassment, profanity and vulgarities of
any sort directed toward Speakeasy personnel are considered in
violation and will not be tolerated.
Designation of Certain Users
An existing Speakeasy customer ("Existing Customer") may not, via phone or online account access, establish a new user associated with his or her account where the person on whose behalf the new user was established ("New Person") would have a reasonable expectation of privacy with regard to the account information, including CPNI, associated with the services the New Person receives from Speakeasy. Such a reasonable expectation is present if such New Person would consider himself or herself to be a Speakeasy customer, separate and apart from the Existing Customer.
Password Policy:
Protect your account by guarding your password carefully. You are responsible for all use of your account(s) and for the confidentiality of any password selected by you. Speakeasy will suspend or modify your account(s) as soon as practicable after notification from you that a password has been lost, stolen or otherwise compromised. You must notify Speakeasy immediately if you believe your account may be compromised.
Pricing Guarantee:
In the event that Speakeasy's pricing increases, your monthly recurring charge will remain at the price set during order placement or special billing agreement for 12 months following your Activation Date. Additionally, if your account is invoiced quarterly, semi-annually or annually, you will receive your set monthly recurring charge until the end of the current payment period. This does not include new orders under the same name and/or location or new orders associated with a service relocation, nor orders for service changes that may be required if the desired service is not available due to technical or other reasons. Price changes for different packages at the same speeds, technologies, and throughput level are not included; one-time charges, applicable state and federal taxes, and promotional pricing are excluded. This guarantee only applies to the recurring broadband service charges.
Account Billing & Invoicing:
Speakeasy reserves the right to perform a credit/background check as part of the qualification process prior to order placement and to either cancel the order without liability to either party or require prepayment of certain charges based on the results of this check.
Billing will commence on your Activation Date (i.e. The day our vendor declares your circuit installed, inbound switch completed, or your Dialup, Rainmail, Domain Hosting, or other service account created.) You will be financially responsible for all service time thereafter unless Speakeasy is notified within a timely manner of an outstanding issue which Speakeasy deems to justify service credit. All additions to your existing service package are recognized as non-refundable regardless of usage. Service fees may include applicable state and federal taxes and fees in addition to the advertised rate.
Business-class Bill Accounts will be mailed a monthly paper invoice free of charge unless alternative billing arrangements have been made. Residential-class Bill Accounts will be invoiced solely via email unless a physical paper invoice is requested for an additional charge per invoice.
Speakeasy charges for its service continuously regardless of whether or not you are using it because we continue to maintain your connection, reserve IP space, accept mail and keep files you have saved in your account on our servers. This is also true of accounts that are Frozen (denied access) due to non-payment.
Should you opt to terminate your Speakeasy service(s), you must contact us via telephone on the effective date. All disconnection requests will be processed on the date the request is received. This applies to both total account and single service terminations. Broadband services are also subject to our Disconnection Policy.
Accounts Receivable:
All account payments are processed by Speakeasy Inc.'s wholly-owned subsidiary, Speakeasy Broadband Services, LLC.
Bill Accounts will be invoiced 30 days prior to the start of each regular monthly service period. Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice's Due Date. All payments will be applied to the oldest unpaid invoice in relation to your account's bill cycle. For example, if your Bill Account's Invoice Date is the 15th of the month and payment remains past due until the 28th, Accounts Receivable will apply your payment back to the previous month, forwarding your Due Date for current charges to the 15th of the following month. You will need to make another payment before the 15th to keep your account from becoming past due again. If a payment in any form is recovered or otherwise not paid by your financial institution, there will be a Returned Payment Fee.
Residential-class Bill Accounts are automatically setup for credit card autorenewal by default, using the credit card information provided during the order process. To update your credit card information please visit MySpeakeasy (login required). Speakeasy will make every effort to process autorenew payments from your credit card or checking account 7 days prior to each invoice's due date. Speakeasy reserves the right to charge the credit card on file if your check payment is cancelled, fails to process through the Automated Clearing House (ACH), or if your account, regardless of autorenew status, remains past due.
Speakeasy reserves the right to terminate Bill Accounts that remain past due at its final discretion. Upon termination, services on the account will be discontinued and all files will be removed from our servers without further notice. Any applicable Disconnection Fees will be applied and due at that time.
If you wish to reinstate service with Speakeasy, you will be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance. If your account is permanently deleted, your username may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.
Liability & Limitations:
Speakeasy is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other Speakeasy customer, whether legal or illegal; or any other goods or services provided by Speakeasy or any of its vendors. In no event shall Speakeasy be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the preceding year.
The technical support that Speakeasy provides is limited to the connectivity itself and assistance with configuring your computer and/or browser and email applications to work with our services. Support for other applications and uses is not provided or implied unless it is a specifically contracted service.
Termination Policy:
Speakeasy has the right to terminate your service at its sole discretion, as determined by Speakeasy's Moderations of Use and Acceptable Use Policy.
Customers within an active service term that are terminated due to violation of Speakeasy's Moderations of Use or Acceptable Use Policy will be assessed a standard Disconnection Fee. All customers terminated for this reason are liable for any and all outstanding funds due to Speakeasy at the time of service termination, including but not limited to rendered service, hardware and installation fees.
Final Qualification:
Speakeasy is committed to providing quality Internet services. However, Speakeasy is not ultimately responsible for the quality of your personal computer or any modifications you make to any equipment we supply. We are committed to solving your problems but we are not responsible for failings in individual Operating Systems and custom configuration of Operating Systems, Operating System components, software, network hardware, or inside wiring.
Although Speakeasy wishes to provide an equitable solution to every customer, we reserve final rights in providing service and final discretion in all decisions.
Broadband Specific
Service Term Information:
Speakeasy requires all broadband installations and inbound switches to commit to an initial service term at least twelve months in length. Service terms may be extended for additional monthly increments due to specific offerings or promotional terms. Service terms are required to offset associated costs of service acquisition, and for Speakeasy to maintain innovative broadband policies and service features for a sustained period of time. Your initial service term begins once our vendor declares your circuit as up and running on Speakeasy's network, referred to as your Installation or Activation Date.
In the event of a service move (if you move and have the service installed at the new location), a new initial service term will begin again from the date of activation at the new location. Additionally, in the event of a switch from another ISP to Speakeasy, the initial service term will begin from the date that the ISP switch is completed. Requests to have your circuit switched to an alternate service provider at anytime during an active service term with a specific order will be subject to an Outbound Switch Fee to cover Speakeasy's provisioning expenses.
Installation Procedure Policy:
Speakeasy is not responsible for loss of income or time due to an order not being completed within the time frame desired, service outages, missed CLEC or ILEC appointments, and/or Trouble Ticket dispatches.
Should a new order be placed for line-sharing DSL on a voice line with existing DSL service, a vendor may find it necessary to migrate that service in order to complete your installation. This may occur without warning during the course of your order. You are ultimately responsible for identifying this prior to initial order placement as well as handling any outstanding contractual obligations with your former DSL provider.
For most installation and/or truck roll dates, an individual over the age of 18 must be present to grant access into the home, garage, apartment building, basement, phone closet, etc. so the technician can complete his or her work. In the event that there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Speakeasy at least 2 business days in advance, there will be a Missed Appointment Fee. Similarly, a No Access Fee will be charged if a technician is denied access to the phone closet (NID or Dmarc) due to a locked facility, or by the actions of others.
If Inside Wiring is pre-authorized during order placement, you are in turn financially responsible for any and all applicable Inside Wiring Fees. If you choose not to pre-authorize Inside Wiring work, or it is determined that additional wiring is needed to complete your installation, it is your responsibility to ensure the necessary wiring is completed by yourself or a third party vendor. The Installation technician will supply your CPE (Customer Premise Equipment), and service will be considered Activated once the line from the Central Office to your phone box is verified as running.
The maximum number of phone line filters recommended on any line sharing order is three. Additional phone lines/filters may interfere with the quality of your DSL service.
IP Allocation:
Regardless of account type, there is a maximum allotment of 10 IPs for all bridged circuits. In order to exceed the 10 IP maximum allotment, you must have a routed connection.
Residential Packages
The number of static IPs varies from package to package. Additional IPs can be purchased, with a maximum allotment of 10 for bridged services. Any package expressly marketed as including one Dynamic IP are an exception to this rule, as they are limited to one IP only. At this time, Speakeasy may choose to assign a static IP to these services, as some CPEs cannot be configured to use dynamic IPs without specific software. Testing of various software applications for future use is being looked into, and Speakeasy reserves the right to switch a static IP to dynamic at any time.
To find out how many IPs come with your Residential package, please visit our Residential DSL Package Comparison Table.
Business Packages
Most Business class packages are set up using Network Address Translation (NAT). IPs are assigned as needed, and up to 32 are available at no extra charge. Routed IPs are available in blocks of 8, 16, 32, 64, etc. Additional IP fees are billed for the entire block; e.g. if you have a block of 32 and need 5 more IPs, you will need to purchase a 64 block for a monthly charge, per IP beyond 32. Three IPs in any block are used for the router, etc., and are not usable for computers on your local network. Bridged Business class packages are limited to 10 IPs.
It is imperative that you use the IPs assigned to you. Speakeasy retains the right to randomly audit and reclaim any unused IPs assigned to a service. In addition, Speakeasy reserves the right to re-allocate or re-assign IP addresses as necessary at our sole discretion.
If your IP needs exceed the amount included in your current package, please submit a request for additional IPs via MySpeakeasy (login required).
Service Guarantee:
DSL
Digital Subscriber Line is a complex technology with known limitations that must be acknowledged, however, Speakeasy will do its best to provide you the maximum speed of the line you are ultimately delivered.
The availability targets referenced below do not account for scheduled outages on Speakeasy's network or events outside of Speakeasy's control, including, but not limited to, force majeure events or Customer equipment outages.
ADSL
The throughput you receive can vary from line to line depending on a variety of factors such as Internal Wiring, line quality, location, Internet traffic, and other variables outside of Speakeasy's control. Due to this, Speakeasy provides ADSL as a best effort service, and cannot guarantee upload or download speeds.
Credits for service outages due to vendor or ILEC issues are issued only after the circuit in question has been out of operation for at least 72 hours. This is measured from the time a vendor Trouble Ticket is created, and indicated by the time stamp on the Trouble Ticket. If you are experiencing a service outage, please contact our support team as soon as possible to begin proper troubleshooting.
OneLink ADSL
The service guarantees described below only apply to Business Select and Business Select Plus OneLink packages.
Speakeasy provides an uptime availability target of 99% for OneLink services each calendar month. If Speakeasy fails to meet the availability target for a particular month, you may request a credit for 3% of your package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if through no fault of your own no traffic is exchanged on the line, or Speakeasy is unable to ping your otherwise correctly installed router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
Speakeasy's target response time for initializing service restoration following phone notification of a OneLink ADSL service outage is 36 hours. If Speakeasy is unable to meet this target response time, you may request a credit for 10% your package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits combined with any other credits for which you are eligible during a calendar month exceed the total of your package's monthly recurring charge.
SDSL and IDSL
The service guarantees described below do not apply to Residential-class IDSL services.
Speakeasy provides an uptime availability target of 99.9% for SDSL or IDSL services each calendar month. If Speakeasy fails to meet the availability target for a particular month, you may request a credit for 3% of your package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Speakeasy is unable to ping your router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
Speakeasy's target response time for initializing service restoration following phone notification of a SDSL or IDSL service outage is 24 hours. If Speakeasy is unable to meet this target response time, you may request a credit for 10% your package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of your package's monthly recurring charge.
Speakeasy guarantees 80% throughput on all SDSL and IDSL services. If you receive one of these services and it is continuously and chronologically documented through Speakeasy tests and vendor Trouble Tickets as functioning below the guaranteed throughput for 60 days, you may disconnect your line without penalty. This is also true if a Speakeasy vendor (CLEC) or your telephone company (ILEC) has deemed your line as unable to reach the guaranteed 80%, and you are unable to downgrade to a lower speed within the same technology.
T1
Speakeasy will make every effort to install your T1 circuit
within 40 calendar days of your date of order. In the event that
we fail to meet this target, you are eligible for a credit of 50%
of your first monthly recurring charge. To claim this credit, you
must request it from your account manager within 30 calendar days
of your installation date. This guarantee does not apply to
pre-installation cancellations due to technical limitations.
Speakeasy provides an uptime availability target of 99.99% for T1 services each calendar month. If Speakeasy fails to meet the availability target for a particular month, you may request a credit for 3% of your package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Speakeasy is unable to ping your router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
Speakeasy's target response time for initializing service restoration following phone notification of a T1 service outage is 4 hours. If Speakeasy is unable to meet this target response time, you may request a credit for 10% of your package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of your package's monthly recurring charge.
Speakeasy guarantees 100% throughput on T1 loops between the customer premise and Central Office (i.e., your router will train to 100% of the purchased speed level). If your circuit is continuously and chronologically documented through Speakeasy tests and vendor Trouble Tickets as functioning below the guaranteed loop speed for 60 consecutive days, you may disconnect service without penalty. Speakeasy does not guarantee throughput from the Internet to a personal computer and vice-versa, as actual throughput is highly dependent on external factors such as Internet congestion and protocol overhead.
Speakeasy guarantees a maximum average latency of 60 milliseconds from your router to a test point on the Speakeasy network. Average latency is the hourly average of the latency tests performed on a T1 circuit. Average latency is not measured when a T1 is experiencing a service outage. Should your average latency exceed the guaranteed maximum in a calendar month you are eligible for a credit equal to one day's worth of service.
Packet return is guaranteed at a minimum hourly average of 99.8% from your router to a test point on the Speakeasy network. Packet return is not measured when a T1 is experiencing a service outage. You are eligible for a credit equal to one day's worth of service for each hour that your packet return rate is below the minimum. A maximum of 3 days' worth of service shall be credited for packet loss in a calendar month.
Test points for both latency and packet loss guarantees are designated by Speakeasy and may be your gateway router or a server within your Speakeasy Point of Presence. Testing must be done in a period where the only traffic on the T1 circuit is the test traffic. In the case of continuous high latency or packet loss exceeding our service guarantees, Speakeasy reserves the right to recommend the disconnection of your service without penalty.
Business Ethernet
Speakeasy guarantees 100% throughput on Business Ethernet loops between the customer premise and Central Office (i.e., Customer's CPE will train to 100% of the purchased speed level). If Customer's circuit is continuously and chronologically documented through Speakeasy tests and vendor Trouble Tickets as functioning below the guaranteed loop speed for 60 consecutive days, Customer may disconnect service without penalty. Speakeasy does not guarantee throughput from the Internet to a personal computer and vice-versa, as actual throughput is highly dependent on external factors such as Internet congestion and protocol overhead.
Speakeasy provides an uptime availability target of 99.99% for Business Ethernet services each calendar month. If Speakeasy fails to meet the availability target for a particular month, Customer may request a credit for 3% of Customer's package's monthly recurring charge for each hour of service outage in excess of the availability target. By definition, a circuit is experiencing an outage if no traffic is exchanged on the line, or Speakeasy is unable to ping Customer's router. Outage hours are rounded to the nearest hour and based on the time a vendor Trouble Ticket is created, indicated by the time stamp on the Trouble Ticket.
Speakeasy's target response time for initializing service restoration following phone notification of a Business Ethernet service outage is 4 hours. If Speakeasy is unable to meet this target response time, Customer may request a credit for 10% of Customer's package's monthly recurring charge. In no case shall the sum of target response time credits and uptime availability target credits during a calendar month exceed the total of Customer's package's monthly recurring charge.
Speakeasy guarantees a maximum average latency of 80 milliseconds from Customer's router to a test point on the Speakeasy network. Average latency is the hourly average of the latency tests performed on a Business Ethernet circuit. Average latency is not measured when a Business Ethernet is experiencing a service outage. Should Customer's average latency exceed the guaranteed maximum in a calendar month, Customer is eligible for a credit equal to one day's worth of service.
Packet return is guaranteed at a minimum hourly average of 99% from Customer's router to a test point on the Speakeasy network. Packet return is not measured when a Business Ethernet is experiencing a service outage. Customer is eligible for a credit equal to one day's worth of service for each hour that Customer's packet return rate is below the minimum. A maximum of 3 days' worth of service shall be credited for packet loss in a calendar month.
All Broadband Services
Speakeasy does not guarantee "ping times" for any product. Ping times are often misunderstood as indicative of throughput or speed of your line. If you have any questions or concerns regarding ping times or throughput, please contact Speakeasy Customer Support via MySpeakeasy (login required).
All Speakeasy-provided customer premise equipment is pre-configured for the service ordered. Speakeasy technicians know your equipment, and can make any changes needed after your service is installed. Support for the hardware configuration comes with the service; customer modifications that make the hardware inaccessible remotely to Speakeasy technicians will result in billable configuration/repair by Speakeasy and/or vendor technicians. If you provide your own equipment, arrangements must be made during order placement. Speakeasy cannot guarantee your hardware's compatibility with our services or our ability to support it. If a technician visit is required to reconfigure pre-owned or non-Speakeasy provided hardware, an additional charge may be involved. If you require the password to access your router, Speakeasy provides no warranty on the hardware configuration and is no longer responsible for the repair or reconfiguration of the router.
If a vendor technician dispatch is necessary to repair any non-Speakeasy/non-vendor initiated changes to the on-site equipment or wiring that renders that device inoperable or unreachable by Speakeasy remotely, hardware reconfigurations, or hardware repairs not covered under warranty, there will be a Technician Dispatch Fee. Dispatch Time spent on site and/or additional repairs may be billed per vendor discretion. This does not apply to dispatches needed for a repair due to normal service outages unless deemed necessary by our vendors.
Other than as specifically described in these Terms of Service, Speakeasy makes no guarantee or warranty of any kind. Speakeasy does not warrant or guarantee that its service is fit for your particular purpose. Speakeasy does not warrant or guarantee that its service meets any implied warranty of merchantability. Speakeasy does not warrant or guarantee that its service meets any other implied warranty or guarantee and specifically disclaims any other implied warranties or guarantees.
Disconnection Policy:
It is the responsibility of the account holder to notify Speakeasy of cancellation via phone. Returning hardware, completion of service term, or cessation of payment does not constitute notification of cancellation.
PRIOR TO ACTIVATION - Cancellations within 72 hours of order placement will not be subject to penalty. Cancellations Requested before the Activation Date and after 72 hours from initial order placement will be subject to a Processing Fee. If your order has not been installed after 60 calendar days, you may cancel without penalty. There are no associated penalties for orders canceled by Speakeasy or its vendors due to technical limitations.
FOLLOWING ACTIVATION - Speakeasy offers a 25-day Trial Period on all ADSL services, and on SDSL, IDSL and T1 services with initial order placement dates before August 5, 2005. If you feel that you must cancel within 25 calendar days of your Activation Date you may do so without being subject to a Disconnection Fee. Any outstanding Monthly Service, Installation, Missed Appointment, No Access, Internal Wiring, or Promotional Fees will apply. If your ADSL service or your SDSL, IDSL or T1 service with an initial order placement date before August 5, 2005 is disconnected or terminated after 25 calendar days from your Activation Date and prior to end of your initial service term, or at anytime during an extended service term with that specific order, you will incur a Disconnection Fee.
Speakeasy offers a 60-day Service Guarantee on all SDSL, IDSL and T1 services placed on or after August 5, 2005. If we are either unable to meet our installation guarantees or if during the first 60 calendar days following your Activation Date your service does not operate in accordance with Speakeasy's Service Guarantees, you may cancel your circuit without being subject to a Disconnection Fee and you will be eligible to receive a credit for any Installation, Construction or Special Access Fees that were charged and, upon its return to Speakeasy as described below, any Hardware purchased from Speakeasy. You will be charge for any outstanding Monthly Service, Missed Appointment, No Access and Internal Wiring Fees.
To be eligible under the 60-day Service Guarantee you must be in compliance with Speakeasy's TOS, all Service Guarantee claims must be documented as Trouble Tickets opened with Speakeasy's support team and your cancellation request must be made within 60 days of your Activation Date. If there are (a) no Trouble Tickets logged or (b) we determine (in our sole discretion) that you are, or have been, in violation of the Speakeasy's TOS including, but not limited to its Acceptable Use Policy or (c) cancellation is requested more than 60 days after your Activation Date and prior to the end of your initial service term or anytime during an extended service term with that specific order, you will not be eligible for any credits under the 60-day Service Guarantee and you will be liable for at least the standard Installation Fee (regardless of any marketing promotions that may have been applied).
Should you opt to terminate your service with Speakeasy following any applicable Trial Period or without benefit of eligibility under the 60-day Service Guarantee, disconnection will be processed on the day on which the request is made. Upon termination, a final invoice will be generated, which will include any credits or refunds for service paid in advance and charges for any outstanding Monthly Service, Installation, Missed Appointment, No Access, Internal Wiring, Promotional or Disconnection Fees, if applicable.
If you move or disconnect a specific circuit during an active service term and reorder that Speakeasy broadband service within 60 days (90 days for circuits with initial order placement dates before August 5, 2005), Speakeasy will credit the charged Processing Fee or Disconnection Fee to your account upon notification of Activation. The Processing Fee or Disconnection Fee will not be refunded if the new installation is unsuccessful, or the line is cancelled within the 25 day Trial Period.
Disconnected orders are not eligible for rebate reimbursement. ADSL, SDSL, IDSL or T1 equipment (CPEs) that have received a vendor and/or Speakeasy rebate will not be reimbursed. ADSL, SDSL, IDSL or T1 CPEs that have not received a rebate will be reimbursed if the circuit was disconnected during a Service Guarantee or Trial Period for which it is eligible, and the CPE is postmarked for return to Speakeasy via the United Parcel Service (UPS) within 25 days of your Activation Date in the case of the 25-day Trial Period or within 60 days of your Activation Date in the case of the 60-day Service Guarantee. To ensure timely credit for an equipment return, you must provide the UPS tracking number to Speakeasy by filling out the Speakeasy Hardware Return Authorization Form. Equipment must be in its original packaging and with its original contents. This includes all Ethernet/power cables, power supplies, manuals, and discs that may have been provided with your specific CPE.
Miscellaneous
Hosting
In addition to the terms provided in the All Services section of this document, the following terms apply specifically to customers utilizing Speakeasy's Web Hosting Services.
Server Resources
Per our Moderations of Use, should your website utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, Speakeasy reserves the right to request that you either upgrade your web hosting service package or reduce your website's use of resources to an acceptable level. Speakeasy will be the sole arbiter of what is considered to be an excessive amount of server resources. Speakeasy reserves the right to suspend or shut down any Web Hosting account deemed to adversely affect server performance or network integrity.
Spam
Speakeasy strictly prohibits bulk, unsolicited email and related practices, as defined by our Acceptable Use Policy.
Scripts
Scripts that pose a potential security risk and/or are deemed to
adversely affect server performance or network integrity will be
shut down or removed without prior notice.
IRC
Speakeasy does not allow IRC clients or IRC bots to be hosted and operated on its web-hosting servers.
Content Restrictions
All content hosted on Speakeasy's servers are subject to our Moderations of Use and Acceptable Use Policy. Speakeasy servers may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to, Intellectual Property Rights Infringement, child pornography and material that constitutes an illegal threat or violates export control laws.
Modifications
Speakeasy may modify from time to time, and in any way, without limitation, any data, software, or hardware used to provide customers with Speakeasy's services. Certain changes to Speakeasy's services may affect the operation of customers' personalized applications and content. While Speakeasy will work with its customers to provide proper notice of such changes, each customer is solely responsible, and Speakeasy is not liable, for any and all such personalized applications and content, except as expressly agreed to by Speakeasy.
Backup of Data
Customers are solely and entirely responsible for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Speakeasy services.
Non-Speakeasy Products
Any mention of non-Speakeasy products by Speakeasy and its employees is for information purposes only and does not constitute an endorsement or recommendation by Speakeasy. Speakeasy disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Speakeasy products or services.
Dialup
Dialup connection numbers and methods are subject to change or replacement at any time. Speakeasy reserves the right to direct those with dialup service to specific numbers, or restrict the use of others. You are responsible for any long distance charges associated with the use of your Speakeasy dialup.
Your Speakeasy dialup service is restricted to one simultaneous connection per unique Speakeasy username. Dialup services must remain in an active state without the aid of an automatic connection refreshing program/device for the duration of the session. Unlimited service does not provide a dedicated connection, and Speakeasy's standard dialup package includes 150 hours of connectivity per month. We reserve the right to disconnect, suspend, cap, or change connection requirements based on the abuse or misuse of your dialup connection.
Dialup service does not come with an uptime or connection throughput service guarantee.
Shell Accounts:
Some offered packages include a Unix shell account accessible from any computer in the world that has Internet access. Shell accounts are not automatically created.
For your security, shell accounts that remain inactive for at least 90 calendar days will be disabled. Remaining data may be archived for an additional 90 calendar days. Archived shell account data may require a Retrieval Fee if not already deleted.
Programs not associated with a logged-in interactive user are prohibited and will result in termination. This includes but is not limited to bots (for IRC or anything else) and cron jobs. Speakeasy reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space.
Newsgroups/Usenet Service
News server connections are a limited resource and shared among all Speakeasy members. One Gigabyte of news throughput is provided for free per account login each calendar month. News throughput benefits are subject to change per Speakeasy's discretion. Speakeasy does not guarantee throughput to or articles from the news servers.
Speakeasy Private WAN
All Private WAN services are assigned a Dedicated Business Account Manager, responsible for the resolution of account and service issues. Speakeasy's Dedicated Business Account Management team is guaranteed to provide a response time of one business day for modifications to your service's configuration, and a four hour response time for Private WAN related outages following phone notification. A Private WAN related outage is defined as the unavailability of one or more of the Private WAN connections due to a failure or malfunction of Speakeasy's Network. Credits for Private WAN service outages will be prorated based on the time between initial outage notification and restoration of Private WAN service.
Speakeasy requires all Private WAN customers to commit to an initial 12-month concurrent service term. Service terms may be extended for additional monthly increments due to specific offerings or promotional terms. A service term is required to offset costs of service acquisition. The initial term begins once service (as defined during order placement) is up and running, referred to as your Installation or Activation Date.
If any of the circuits in your Private WAN are disconnected or terminated at any time following your Activation Date and prior to the end of an active service term, you will incur the Disconnection Fee associated with those circuits. Should Speakeasy's Dedicated Business Account Management Team fail to meet set response time guarantees more than two times within a calendar month, you may disconnect service without penalty.
Speakeasy Bonded T1
All Bonded T1 services are assigned a Dedicated Business Account Manager, responsible for the resolution of account and service issues. Speakeasy's Dedicated Business Account Management team is guaranteed to provide a response time of one business day for modifications to your service's configuration, and a four hour response time for Bonded T1 related outages following phone notification. A Bonded T1 related outage is defined as the unavailability of one or more of the individual T1 connections due to a failure or malfunction of Speakeasy's Network. Credits for Bonded T1 service outages will be prorated based on the time between initial outage notification and restoration of Bonded T1 service.
If any of the circuits in your Bonded T1 are disconnected or terminated at any time following your Activation Date and prior to the end of an active service term, you will incur the Disconnection Fee associated with those circuits. Should Speakeasy's Dedicated Business Account Management Team fail to meet set response time guarantees more than two times within a calendar month, you may disconnect service without penalty.
Virtual Private Network
All Virtual Private Network (VPN) services are assigned a Dedicated Business Account Manager, responsible for the resolution of account and service issues. Speakeasy's Dedicated Business Account Management team is guaranteed to provide a twenty-four hour response time for modifications to your service's configuration, and a four hour response time for VPN related outages following phone notification. A VPN related outage is defined as the inability to ping a private IP while retaining the ability to ping the public gateway. Credits for VPN service outages will be prorated based on the time between initial outage notification and restoration of VPN service.
Speakeasy requires all VPN customers to commit to an initial 12-month concurrent service term. Service terms may be extended for additional monthly increments due to specific offerings or promotional terms. A service term is required to offset costs of service acquisition. The initial term begins once VPN service (as defined during order placement) is up and running, referred to as your Installation or Activation Date.
If your VPN service is disconnected or terminated at any time following your Activation Date and prior to the end of an active service term, you will incur a Disconnection Fee. Should Speakeasy's Dedicated Business Account Management Team fail to meet set response time guarantees more than two times within a calendar month, you may disconnect service without penalty.
Table of One Time Charges
CHARGES ARE SUBJECT TO CHANGE AT SPEAKEASY'S SOLE DISCRETION. Please reference Speakeasy's Terms of Service for full description of charges.
Disconnection Fees:
Standard ADSL Disconnection Fee: You will be charged a $300 Disconnection Fee for any specific individual ADSL circuit order that is disconnected or terminated prior to the end of its then current service term. For circuits with an initial order placement date on or after August 5, 2005.
Standard IDSL Disconnection Fee: You will be charged a $300 Disconnection Fee for any specific individual IDSL circuit order that is disconnected or terminated prior to the end of its then current service term. For circuits with an initial order placement date on or after August 5, 2005.
Standard SDSL Disconnection Fee: You will be charged a $300 Disconnection Fee for any specific individual SDSL circuit order that is disconnected or terminated prior to the end of its then current service term. For circuits with an initial order placement date on or after August 5, 2005.
Standard T1 Disconnection Fee: You will be charged a $600 Disconnection Fee for any specific individual T1 circuit order placed after June 2nd, 2005 that is disconnected or terminated prior to the end of its then current service term. For circuits with an initial order placement date on or after August 5, 2005, you will also be liable for the full amount (including the Speakeasy paid portion) of any Construction or Special Access charges approved by you.
24 Month Term T1 Disconnection Fee: You will be charged a $1,100 Disconnection Fee for any specific individual T1 circuit order placed after June 2nd, 2005 that is disconnected or terminated prior to the end of its then current service term. For circuits with an initial order placement date on or after August 5, 2005, you will also be liable for the full amount (including the Speakeasy paid portion) of any Construction or Special Access charges approved by you.
36 Month Term T1 Disconnection Fee: You will be charged a $1,500 Disconnection Fee for any specific individual T1 circuit order placed after June 2nd, 2005 that is disconnected or terminated prior to the end of its then current service term. For circuits with an initial order placement date on or after August 5, 2005, you will also be liable for the full amount (including the Speakeasy paid portion) of any Construction or Special Access charges approved by you.
VPN Disconnection Fee: You will be charged $300 if your VPN service is disconnected or terminated after your Activation Date and prior to the end of an active service term.
Dispatch Time is charged per vendor discretion for time spent on site during a dispatch. Covad charges are $20 per whole or partial 15 minutes.
Inside Wiring Fee of $150 for the initial hour, $88 per hour there after.
$199 Line Conditioning Fee where applicable on IDSL, ADSL, and 192 SDSL services provided through New Edge Networks.
$150 Missed Appointment Fee if there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Speakeasy at least 2 business days in advance.
$150 No Access Fee if a technician is denied access to the phone closet (NID or Dmarc) due to a locked facility, or by the actions of others.
$225 Outbound Switch Fee for all requests to have your broadband circuit switched to an alternate service provider at any time during the first year of service with a specific order.
ADSL Processing Fee: You will be charged a $49 Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date.
SDSL Processing Fee: You will be charged a $149 ($49 for circuits with initial order placement dates before August 5, 2005) Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date.
IDSL Processing Fee: You will be charged a $149 ($49 for circuits with initial order placement dates before August 5, 2005) Processing Fee for all cancellations requested after 72 hours from initial order placement and prior to the Activation Date.
T1 Processing Fee: You will be charged a $49 Processing Fee for all cancellations for circuits with initial order placement dates before August 5, 2005 requested after 72 hours from initial order placement and prior to the Activation Date. You will be charged a $300 Processing Fee in addition to any Construction/Special Access (including the Speakeasy paid portion thereof) or Special (Non-Standard) Installation Fees you approved for all cancellations for circuits with initial order placement dates on or after August 5, 2005 requested after 72 hours from initial order placement and prior to the Activation Date.
$49 Retrieval Fee applied for all requests of data retrieval from Speakeasy's servers.
$25 Returned Payment Fee if a payment in any form is recovered or otherwise not paid by your financial institution.
$199 Technician Dispatch Fee if a vendor technician dispatch is necessary to repair any non-Speakeasy/non-vendor initiated changes to the on-site equipment or wiring that renders that device inoperable or unreachable by Speakeasy remotely, hardware reconfigurations, or hardware repairs not covered under warranty. Additional repairs may be billed per vendor discretion.
This document last revised on June 2, 2008.