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Blue Lightning User Terms of Service

Privacy Features Available:

  • Caller Identification Blocking (per line): NO Charge
  • Attention Non-published customers – failure to subscribe to per line Caller ID Blocking or to use Per Call Blocking will allow your number to appear on Caller ID systems.

THE FOLLOWING FEATURE MAY AFFECT YOUR PRIVACY

CALLER IDENTIFICATION (CALLER ID) – Allows for the automatic delivery of a calling party’s telephone number (including non-published telephone numbers if unblocked) to the called customer, which gives the called customer an opportunity to decide whether to answer the call immediately or not.  The number is displayed on Customer Provided Equipment.

CALLER ID BLOCKING OPTIONS:

Caller Identification Blocking – per call.  Customers may block their number from being delivered on individual calls by pressing *67 (or dialing 1167 on a rotary phone) immediately before placing the call.  It is necessary to repeat this procedure before each call if the customer wants to block Caller ID. Customer Originated Traces and 911 Services are not affected by Caller Identification Blocking.  Per Call blocking is provided at no charge.

If a customer does not want their number displayed on outgoing calls, then they may subscribe to Per Line Blocking.  Per Line Blocking may be ordered by calling our business office.   In some cases the customer may want to have their number delivered with a call.  The number will be delivered on a call if the customer presses *82 or dials (1182 on a rotary phone) immediately before entering the telephone number.  Customer Originated Traces ad 911 Services are not affected by Caller Identification Blocking.  Per Line Blocking is free of charge when ordered for the first time.  On all subsequent orders a service order charge of $5.00 will apply.  This is no monthly charge for Per Line Blocking.

Calling Number Delivery should not be blocked on some calls.  For example, calls made to poison control centers, hospitals, and medical centers should allow Calling Number Delivery so the provider will know who is calling if emergency services must be dispatched.  In addition, customers may want to allow their number to be delivered to businesses that use Caller ID to enhance their service, and when calling individuals who refuse to answer calls that have blocked Calling Number Delivery.

TELECOMMUNICATIONS SERVICE

The undersigned (hereinafter called “Applicant”) hereby applies for membership in agrees to purchase telecommunication services from Wiggins Telephone Association (hereinafter called “Association”) upon the following terms and conditions.

  1. APPLICANT hereby consents to the ASSOCIATION’S obtaining a credit report. After reviewing APPLICANT’S credit report/history, APPLICANT may be required to submit nonrefundable service connection fees and/or a Security Deposit.  The Security Deposit will earn interest and be returned as per the Rules of the Colorado Public Utilities Commission and the ASSOCIATION’S approved tariff.
  2. APPLICANT will comply with and be bound by the provisions of the Articles of Incorporation and by-laws of the ASSOCIATION, the ASSOCIATION’S approved tariffs, and such rules and regulations that may be adopted by the ASSOCIATION.
  3. APPLICANT, at no expense to the ASSOCIATION, hereby grants a suitable right-or-way/easement, when necessary, for the purpose of serving APPLICANT or other member of the ASSOCIATION in the most safe, efficient, and economical way possible as solely determined by the ASSOCIATION.  At APPLICANT’S request, the ASSOCIATION will obtain all right-of-way/easements necessary to provide service to APPLICANT.  APPLICANT must agree in advance, in writing, to reimburse the ASSOCIATION for all expenses incurred in obtaining the right-of-way/easement.
  4. APPLICANT will become a member of the ASSOCIATION upon receipt of telecommunications services in accordance with Article 1, Section 1 of the ASSOCIATION’S by-laws. APPLICANT, by becoming a member, assumes no personal liability or responsibility for any and all debts or liabilities of the ASSOCIATION.  The obligation and the extent of liability of the ASSOCIATION is contained in the ASSOCIATION’S approved tariffs.
  5. In making this application, APPLICANT agrees that all statements in this application are true and correct. APPLICANT also agrees to pay ASSOCIATION’S monthly rates and charges for telecommunication services and agrees to the rules and regulations of the Association as set forth in its tariffs and to any future changes in rules or rates for the service furnished by the ASSOCIATION.  The APPLICANT agrees that any charged off account will accrue interest at the rate of 1.5% per month until paid.  This application becomes a contract and APPLICANT becomes a Member when accepted by the ASSOCIATION.
  6. APPLICANT agrees to provide 120v outlet inside place of home/business for a battery backup. APPLICANT also agrees to provide place to install and electricity for said battery backup.

 High-Speed Broadband Internet Service

This contract describes the terms and conditions between you, the customer, and Northern Colorado Communications, LLC (Hereinafter “NCC” or Service Provider, dba as BLUE LIGHTNING), applicable to the Blue Lightning High-Speed Internet Service (also referred to as “the Service”).  NCC is an authorized distributor of Blue Lightning High Speed Internet.  Please read this Agreement carefully since it contains important contract rights and obligations between you and NCC, as well as important limitations on those rights.  If you would like to contact NCC, you may call 970 483-7300 or write to:

Northern Colorado Communications, LLC
PO Box 206
Wiggins, CO  80654

  1. The Service
    • Description: The service consists of DSL/Broadband High Speed Internet service.  The Service is available only in certain and specified locations.  Only a Blue Lightning installer may install Blue Lightning Equipment in your residence. 
  1. Minimum System Requirements
    • Requirements. Your computer must meet certain minimum requirements to receive the Service.  It is your responsibility, at your expense, to obtain, maintain, and operate suitable and fully compatible computer equipment required to access the Service.
  1. Service Commitment
    • Minimum Service Commitment. Your service plan requires a 24-month minimum service term (“Minimum Service Term”).  If you terminate service prior to the expiration of the Minimum Service Term, you will owe the Termination Fee as described below.
    • Term and Renewal. The term of this Agreement commences on the date your Service is activated and continues for duration of the Minimum Service Term or unless terminated earlier by you or NCC in accordance with this Agreement.  After the Minimum Service Term expires, the term of this Agreement will automatically renew on a month-to-month basis until terminated by you or NCC in accordance with this Agreement.
    • Termination. If you cancel your order before installation, you will not be charged.  If a Minimum Service Term applies and you cancel the Service after installation but before completion of the Minimum Service Term, you will be charged a Termination Fee equal to the waived installation fee of $99.00.
    • Installation of Equipment. You represent that there are no legal, contractual or similar restrictions on the installation of the Blue Lightning Equipment in the location(s) you have authorized.  It is your responsibility to ensure compliance with all applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions, and restrictions related to services and the installation of required equipment provided under this Agreement, to pay any fees or other charges, and obtain any permits or authorizations necessary for services provided under this agreement (collectively “Legal Requirements”).  You are solely responsible for any fines or similar charges for service in violation of any applicable Legal Requirements.  You acknowledge and agree that NCC or our service provider will be required to access your premises or system and to install and maintain the Blue Lightning Equipment necessary for you to receive the Service inside and outside your home.  By signing this Agreement, scheduling a service or installation visit, and permitting NCC or our service provider to enter your home or business, you are authorizing Blue Lightning, NCC or our service provider to perform all of the above actions.  NEITHER BLUE LIGHTNING, NCC, NOR OUR SERVICE PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER, RESULTING FROM THE PERFORMANCE OF SERVICES NCESSARY TO INSTALL AND PROVIDE THE SERVICE.  You are responsible for backing up the data on your computer and NCC highly recommends that you do so prior to permitting access by NCC or one of our designated service providers.  Timeframes for installation, if any, are not guaranteed and may vary depending on the types of services requested and other factors.
  1. Subscriber Responsibility.
    • Responsibility. You agree that you are responsible for all access to and use of the Service through your account or password(s) and for any fees incurred for Service, or for software or other merchandise you purchase through the Service, or any other expenses incurred in accordance with the terms of this Agreement.  You acknowledge that you are aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age).  You agree to supervise usage of the Service by minors who use the Service through your account.  You ratify and confirm any obligations a minor using your account incurs or assumes and any promises or permissions such minor makes or gives.
  1. Fees and Payment
    • Commencement and Duration of Monthly Fees. You acknowledge that (subject to any exceptions granted by NCC) a monthly fee will apply for each and every month (or portion of a month) that you are a subscriber, beginning with the date your Service is activated.  Your account will continue until you cancel the account in accordance with the method or methods specified by NCC (unless otherwise terminated in accordance with this Agreement).  As stated above, you may cancel your account at any time, subject to payment of the Termination Fees if applicable.  The monthly subscription fee shall cease to apply for any months after the billing month in which you cancel or terminate your account in accordance with these terms and conditions.
    • Billing and Charges. You agree to pay, in accordance with the provisions of the billing option you selected, any registration, activation or monthly fees, ISP service charges, minimum charges and other amounts charged to or incurred by you, or by users of your account, at the rates in effect at the start of the billing period in which those amounts are incurred.  You agree to pay all applicable taxes related to your use of the Service, provision of services, software or hardware or the use of the Service by users of your account.  Information on charges and surcharges (if any) that are to be paid to NCC and are incurred by you or by uses of your account will be made available to you and you agree that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to NCC.
    • Statement. You will receive a paper bill in the mail for your service. (Unless you are receiving ebills to your email account.)
    • Payment. You agree to remit amounts due and payable to NCC each month at the address provided in your monthly statement.
    • Late Payment. If your payment is not received by NCC within 45 days after the monthly statement is issued, you may be charged a late fee on the delinquent balance at the lesser of 1.5% per month or the maximum rate permitted by applicable law.  If NCC does not receive payment from within 45 days after the current monthly statement is issued, NCC has the right to suspend your Service or terminate this Agreement without notice.  Termination of the Agreement by NCC due to your default or nonpayment may result in a Termination Fee owed by you, if you are subject to a Minimum Service Term that has not been satisfied.  NCC will reserve the right to correct and charge under-billed amounts for a period of 90 days in the event an incorrect statement is issued.  Payment of the outstanding balance is due in full each month
    • Deposits and Credit Checks. A deposit (not to exceed the 24 month minimum contract term multiplied by the monthly service fee selected by you) may be required from you prior to the installation or initiation of Service as determined by NCC.  You acknowledge and agree to allow NCC to conduct a credit check on you to use in determining credit worthiness.  The election to require a deposit is at NCC’s sole discretion.  Any monies collected as a deposit will be returned after 12 months with the demonstration of a good payment history on your Blue Lightning account.
    • Payment Authorization. If applicable, you agree that Service Provider can charge your credit card or debit card (“Card Payment”), or initiate an Electronic Funds Transfer out of your bank account (“EFT Payment”) for payment of all Service fees, the Termination Fee or any other amounts payable under this Agreement.   Additionally, you agree that Service Provider will bill your monthly service fee in advance, and such Service fee will automatically be collected through either a Card Payment or EFT Payment.  With respect to such charges the following authorization applies:  You authorize automatic Card Payments or EFT Payments by Service Provider.  You agree that the charges described above will be billed to the credit or debit card provided by you when you applied for the Service until such time as you may authorize recurring EFT Payments.  You must provide current, complete, and accurate information for your billing account, and promptly update any changes (such as a change in billing address, credit card number, credit card expiration date, bank account number).  If you fail to provide us with any of the foregoing information, you agree that service Provider may continue charging you for any service provided under your account.  If NCC is unable to process your credit or debit card at any time, your account may be immediately suspended or terminated and you will remain responsible for all amounts payable by you to NCC.  Your card issuer agreement governs use of your credit or debit card payment in connection with this Service and you must refer to that agreement with respect to your rights and liabilities as a cardholder.  If NCC does not receive payment from your credit or debit card issuer or its agent, you agree to pay NCC all amounts due upon demand by NCC.  You agree that Service Provider will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under this Agreement.  Credit card payment is not required for residents of States where payment by credit cards may not be made mandatory.
    • Disputes and Partial Payments. If you think a charge is incorrect or you need more information on any charges applied to your account, you should immediately contact NCC’s billing department.   You must contact NCC within 45 days of receiving the statement on which the error or problem appeared.  NCC will make available to you a statement for each billing cycle showing payments, credit purchases and other charges.   NCC will not pay you interest on any overcharged amounts later refunded or credited to you.  NCC may, but is not required to, accept partial payments from you.  If partial payments are made, they will be applied to amounts owed by you starting with the oldest outstanding statement.  If you send NCC checks or money orders marked “payment in full” or otherwise labeled with a similar restrictive endorsement, NCC can, but is not required to, accept them, without losing any of NCC’s rights to collect all amounts owed by you under this Agreement.  If NCC chooses to use any collection agency or attorney to collect money that you owe NCC or to assert any other right that NCC may have against you, you agree to pay the reasonable costs of collection or other action including, but not limited to, the costs of a collection agency, reasonable attorney’s fees, sheriff service fees, and/or court costs.
    • Reactivation. If your Service is suspended or terminated,  including your failure to submit payment on time or for any other reason, in addition to payment of past due amounts, NCC may require a deposit before reactivating your Service.  The amount of the deposit will not exceed one year of monthly fees.  Deposit amounts shall not earn or accrue interest.  If your Service is suspended or terminated for any reason, including at your request or because of your failure to pay past due amounts, and you want to reactivate the Service, you agree to pay a reactivation fee in accordance with our then current rates.  In addition, you must bring your account up to date through the month of reactivation by making payment in full of any outstanding balance, fees and other applicable charges.
    • Credit Inquiries and Reporting. You authorize NCC to make inquiries and to receive information about your credit experience from others, including credit reporting agencies, enter this information in your file and disclose this information concerning you to appropriate third parties for reasonable business purposes.  In the case of late payment or non-payment for any of the Services ordered by you or any other charges, you understand and agree that NCC may report such late payment or non-payment to the appropriate credit reporting agencies. 
  1. Blue Lightning Equipment
    • Equipment. The equipment required is supplied by NCC.  You may either purchase or lease the equipment from NCC.  The terms of sale applicable to the Blue Lightning Equipment are governed by your purchase agreement or other documents evidencing such sale or lease and, if applicable, a manufacturer’s limited 90 day warranty is offered by Service Provider.  In addition, Blue Lightning Equipment contains software and /or other intellectual property subject to a license agreement(s) (“License Agreement”) provided with the equipment that may change from time to time.  Any breach of the License Agreement constitutes a breach of this Agreement.
    • Purchased Equipment after Warranty. A limited 90 manufacturer’s warranty is applicable. Once the warranty is exhausted, the purchased equipment is the customer’s responsibility.  
  1. Warranties and Limitations of Liability
    • Disclaimer of Warranties. You expressly agree that use of the Service is at your sole risk.  Neither service provider, Blue Lightning nor any of Blue Lightning’s employees, suppliers, licensors or third party content providers (“partners”) warrant that the service will be uninterrupted or error free; nor does service provider, Blue Lightning nor any of the partners make any warranty as to the results to be obtained from use of the service, including any minimum upload or download speeds.  The service is distributed on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, accuracy or completeness of informational content, non-infringement or otherwise, except the foregoing shall not apply in states where it is prohibited.  Service provider and Blue Lightning expressly disclaim any representation or warranty that the service will be error free, secure or uninterrupted or operate at any minimum speed.  No oral advice or written information given by service provider, Blue Lightning or any of the partners shall create a warranty; nor shall you rely on any such information or advice.  Because Blue Lightning provides subscribers with electronic access to the content available on the internet, service provider and Blue Lightning cannot and does not warrant the accuracy of any of the information you obtain through the Service.  The Service provider and Blue Lightning shall have no liability whatsoever for any damage to or loss or destruction of any hardware, software, files or data resulting from, or from any attempt to remove, any computer virus or other harmful feature.  Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you to the extent such exclusion is not allowed by applicable law.  The limited warranty gives you specific legal rights, and you may have other rights that vary by jurisdiction.  The Service Provider or any of the partners have not made any warranties herein and expressly disclaim all warranties to the maximum extent allowed by the laws of the State of Colorado.
    • Limitation of Liability. To the maximum extent permitted by law, neither the Service Provider, Blue Lightning nor any of the partners shall be liable for any direct, indirect, incidental, special, punitive or consequential damages arising out of the Agreement, including the use of the service or inability to use the service or out of any breach of any representation or warranty.   Without in any way limiting the foregoing, if for any reason, by operation of law or otherwise, any portion of the foregoing limitation of liability shall be voided, then in such event affiliate’s maximum, sole, and exclusive liability and the liability of Blue Lightning and the partners shall be limited to general money damages in an amount not to exceed the total amount of fees  paid or payable to the Service Provider by you for service not to exceed a twelve (12) month period.
    • Service Interruptions. Service may be interrupted from time to time for a variety of reasons.  NCC is not responsible for any interruptions of Service that occur due to acts of God (including weather), power failure or any other cause beyond NCC’s reasonable control.  However, because NCC values our subscribers, for an interruption of a significant length of time that is within NCC’s reasonable control, upon your request NCC may provide what NCC reasonably determines to be a fair and equitable adjustment to your account to make up for the Service interruption.  THIS WILL BE YOUR SOLE REMEDY AND NCC’S SOLE DUTY IN SUCH CASES.   You acknowledge and agree that the Service is not intended to be, and should not be used as, your primary or “life-line” telecommunications service.
    • Indemnity. You agree to indemnify, defend and hold NCC harmless against all claims, liability, damages, costs and expenses, including but not limited to reasonable attorneys fees, arising out of or related to any and all use of your account.  This includes, without limitation, responsibility for all consequences of your (or that of any user of your account) violation of this Agreement or placement on or over, or retrieval from or through, the Service of any software, file, information, communication or other content and all costs incurred by NCC in enforcing this Agreement against you.

 Internet Installation Agreement

This contract must be completed prior to technician installation.  You will be billed monthly for all services.  Prices are subject to change due to network price increases.  Discounts for packages are applied to prices of the unregulated services.  A deposit may be required.  Disconnection of regulated telecommunications services for nonpayment is subject to state-approved procedures.  Partial payment will be applied first to those regulated services.  Customers who are on annual or multi-year contracts will be subject to an early termination fee of $99.00 if they cancel any service prior to the expiration of the contract.  Some restrictions or other conditions may apply.  The High Speed Internet service is distance sensitive and as a result may impact the ability to provide all content offered.  The installer will determine the ability during installation.

I hereby authorize Northern Colorado Communications, LLC, their staff and/or contractors to work on the computer system indicated as needed for provision of High Speed Internet service.  They may install the necessary material to connect and initiate the service.  They may operate the equipment for purposes of testing, troubleshooting and inspection at my risk.  I understand and acknowledge that the act of installing new hardware and or software components on any computer may cause malfunctions to occur, including the possible loss of data and I release NCC from any and all liabilities, foreseen or unforeseen arising out of any such occurrence.

ACCEPTABLE USE POLICY

Except for equipment provided by Wiggins Telephone Association and its subsidiary, Northern Colorado Communications, LLC (NCC), I am solely responsible for compatibility of equipment with NCC’s system.  The companies may discontinue service without prior notice if they determine, at their discretion, that my use of the service: 1) violates US or state laws or regulations, including any copyright violation, 2) includes communication of a threat, 3) includes sending of unsolicited nuisance messages, or 4) includes abusive communication, or if my use includes providing Internet access to others.

Any customer modification of supplied hardware, either physically or by reconfiguration, that necessitates a service visit by Wiggins Telephone Association and its subsidiary, Northern Colorado Communications, LLC (NCC) personnel and /or contractors will be considered a chargeable service call.  Hardware supplied and its warranties are for defects in materials and workmanship only.

I am aware that NCC High Speed Internet is being offered as and will be supported as a single machine application only.  Networking is the solely my responsibility.

I am aware that Wiggins Telephone Association and its subsidiary, Northern Colorado Communications, LLC (NCC) retains ownership of the router, modem or filters that are installed at my premise and used with the Service.  I also am aware that I will be charged the replacement value of the equipment on my telephone bill if I fail to return the router, modem or filters in the event that I discontinue my High Speed Internet service, or if I damage the equipment, not including normal wear and tear.  I am also aware that I will be charged any installation fees ($99.00) that were waived at the time of installation if service is part of an annual or multi-year contract and is terminated early.  Some restrictions or other conditions may apply.

I have read the above statements and agree to all the terms and conditions.

In making this application, APPLICANT agrees that all statements in this application are true and correct.  APPLICANT also agrees to pay the ASSOCIATION & NCC, LLC’s monthly rates and charges for telecommunication/internet services and agrees to the rules and regulations of the ASSOCIATION & NCC, LLC as set forth in its tariffs and to any future changes in rules or rates for the service furnished by the ASSOCIATION & NCC, LLC.  The APPLICANT agrees that any charged off account will accrue interest at the rate of 1.5% per month until paid.  This application becomes a contract when accepted by the ASSOCIATION & NCC, LLC.