Terms and conditions of service

1. Affiliates

Capcon Networks may provide services through affiliates identified on Service Orders. Where an affiliate is identified as the provider of a given service, that affiliate becomes solely liable for obligations under that Service Order.

2. Subcontractors

Capcon Networks may subcontract the performance of services while remaining fully responsible for subcontractor compliance as if performing the work itself.

3. Assignment

Customer may not assign rights or obligations under this agreement without prior written approval from Capcon Networks. Capcon Networks may freely assign its rights and obligations.

4. Rate changes

Month-to-month services:Pricing changes require 30 days' prior notice to Customer via email or invoice. Customers who disagree with a change may terminate affected services without penalty.

Term services: Pricing may not change during the current term without written Customer consent.

Rates are subject to applicable surcharges, taxes, and regulatory changes beyond Capcon Networks' control.

5. Billing disputes

Customer must raise any billing dispute within 30 days of the date of the applicable invoice. Capcon Networks will investigate and provide credits or explanations within a reasonable timeframe.

6. Reinstatement

Capcon Networks may require payment of a reinstatement fee prior to reinstating service following suspension for non-payment or breach of this agreement.

7. Service interruption

Customers may request service credits for interruptions caused by Capcon Networks within 30 days of the event, subject to the applicable Service Level Agreement (SLA). No credits are issued for interruptions caused by the Customer, end users, third parties, force majeure events, or other circumstances outside Capcon Networks' reasonable control.

8. Credit approval

Service is subject to credit approval. Capcon Networks may require deposits or security and reserves the right to modify credit terms based on payment history or material changes in financial condition.

9. Broadband and internet access service

Capcon Networks manages its network to deliver the best possible broadband internet access experience. Network management practices address congestion, security, and harmful traffic rather than discriminating against content, applications, or services. Details are available upon request.

10. 911 and service limitations

VoIP services may not function during power outages or internet service disruptions. Customer is responsible for notifying all end users of such limitations and for maintaining traditional telephone service or another means of reaching emergency services.

11. Prohibited uses and fraud policy

Customers may not use Capcon Networks services for any unlawful purpose or in violation of the Acceptable Use Policy. Prohibited activities include, but are not limited to:

• Transmitting material that violates applicable law
• Activities harmful to Capcon Networks systems or to other customers
• Sending unsolicited bulk email or operating open mail relays
• Unauthorized access to or interference with computer systems
• Any fraudulent activity

Capcon Networks may immediately suspend or terminate service upon discovery of prohibited use. Customer remains liable for all charges resulting from fraudulent or unauthorized use.

12. Changes to agreement, services, or plan

Capcon Networks may modify these Terms and Conditions at any time upon 30 days' prior notice. Continued use of services after the notice period constitutes acceptance of the modified terms. Capcon Networks may also modify, suspend, or discontinue any service upon reasonable notice.

13. Privacy

Collection and use of personal and account information is governed by Capcon Networks' Privacy Policy. By using our services, Customer consents to information use as described in that policy. Capcon Networks may disclose information to law enforcement or other authorities as required by applicable law.

14. Training and technical support

Technical support is provided as described in the applicable Service Order or Schedule. Additional training and support are available at extra cost. Capcon Networks does not guarantee specific response times unless stated in an applicable SLA.

15. Equipment

Equipment provided by Capcon Networks remains Capcon Networks property unless otherwise specified in writing. Customer is responsible for the safekeeping and proper use of that equipment and must return it in good condition upon service termination. Customer is liable for replacement costs of lost, stolen, or damaged equipment.

Customer-provided equipment must be compatible with Capcon Networks services. Capcon Networks is not responsible for the performance, maintenance, or support of Customer-owned equipment.

16. Returns and adjustments

Requests for equipment returns or billing adjustments must be submitted within 30 days. Capcon Networks will review and process valid requests within a reasonable timeframe. Return shipping costs are Customer's responsibility unless the return is due to a Capcon Networks defect or error.

17. IP addresses

IP addresses are and remain the property of Capcon Networks or the applicable regional internet registry, and are assigned solely for use with Capcon Networks services. Customer has no ownership interest in any assigned IP addresses. Assignments may be modified or reclaimed upon service termination or in accordance with applicable policy.

18. Intellectual property

Customer acquires no right, title, or interest in any intellectual property owned by or licensed to Capcon Networks. Customer may not copy, modify, reverse engineer, or create derivative works from Capcon Networks software or other intellectual property without prior written consent.

19. Compliance with law

Customer is responsible for compliance with all laws applicable to their use of Capcon Networks services, including those governing data transmission, privacy, and export controls. Capcon Networks complies with all applicable laws in the provision of its services.

20. No third-party beneficiaries

This agreement is for the benefit of Capcon Networks and Customer only and their respective permitted successors and assigns. No third-party beneficiary rights are created.

21. Customer obligations

Customer agrees to:

• Provide accurate and complete information for service provisioning and maintenance
• Notify Capcon Networks promptly of any changes to contact or billing information
• Use services only for lawful purposes consistent with this agreement
• Maintain responsibility for all end-user use of the service
• Implement adequate security measures to prevent unauthorized access
• Pay all charges per the applicable Service Order and billing terms

22. Network abuse

Customer may not use services to interfere with Capcon Networks' network or with other customers' services. Prohibited activities include port scanning, packet sniffing, network flooding, and denial-of-service attacks. Capcon Networks may immediately suspend service to protect network integrity.

23. Termination of services

Either party may terminate services per the Master Services Agreement and applicable Service Order terms. Customer is responsible for all charges incurred through the effective termination date. Early termination fees may apply. Service moves may require new Service Orders and additional charges.

24. Event of default

An event of default occurs when Customer:

• Fails to pay amounts due within the applicable cure period
• Breaches a material term of this agreement and fails to cure that breach within 30 days of written notice
• Becomes insolvent or subject to bankruptcy or insolvency proceedings
• Engages in any prohibited use described in Section 11

25. Remedies

Upon an event of default, Capcon Networks may, without limiting any other remedies available at law or in equity:

• Suspend or terminate services immediately upon notice
• Accelerate all outstanding charges and fees owed under the agreement
• Pursue collection of all amounts owed, including reasonable attorneys' fees and costs
• Exercise any other remedies available under applicable law

26. Export compliance

Customer must comply with all applicable U.S. and international export control laws. Customer represents that it is not located in a restricted country and is not on any government restricted parties list.

27. Telephone numbers

Assigned telephone numbers are not Customer property and are subject to applicable regulatory rules and portability requirements. Capcon Networks will cooperate with number portability requests as required by law and reserves the right to change numbers if required by authorities or upon account termination.

28. Phone numbers and portal discontinuance

Capcon Networks may discontinue or modify customer-facing phone numbers, web portals, or online account management tools upon reasonable prior notice, and will make commercially reasonable efforts to provide alternative means of support.

29. Software copyright

Capcon Networks software is licensed, not sold, and is protected by copyright. Customer may use software only as permitted by the applicable license terms and may not copy, modify, distribute, or reverse engineer it without prior written consent.

30. Governing law and dispute resolution

This agreement is governed by the laws of the State of Texas, without regard to its conflict of laws provisions. Any dispute arising under or related to this agreement that cannot be resolved through good-faith negotiation shall be submitted to binding arbitration in Austin, Texas, in accordance with the rules of the American Arbitration Association. Either party may seek injunctive or other equitable relief from any court of competent jurisdiction.

31. Non-disclosure and publicity

Each party agrees to maintain the confidentiality of the other party's information and not to disclose it without consent, except as required by law or to perform obligations under this agreement. Neither party may use the other's name, logo, or trademarks in publicity or marketing without prior written consent.

32. Survival

Provisions of this agreement that by their nature should survive termination or expiration shall do so, including but not limited to payment obligations, intellectual property rights, confidentiality, limitation of liability, and governing law.

33. No modification

No modification of this agreement is binding unless made in writing and signed by authorized representatives of both parties, except with respect to Capcon Networks' right to update these Terms upon notice as described in Section 12.

34. No waiver

The failure of either party to enforce any provision of this agreement does not constitute a waiver of that party's right to enforce that provision in the future. Waiving one breach does not waive subsequent breaches of the same or any other provision.

35. Headings

Section headings are included for convenience only and do not affect the interpretation of this agreement.

36. Severability

If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions continue in full force and effect. Any invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' original intent.

37. Entire agreement

These Terms and Conditions of Service, together with the Master Services Agreement, Service Orders, and any applicable Service Schedules or Attachments, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous understandings, agreements, representations, or warranties.

Contact

If you have questions about these terms, please contact us: