1. DSL MODEM LEASE. If you have elected to lease your DSL modem, the following terms shall apply:
a. CHARGES. The base monthly charge for leasing this equipment is Five Dollars ($5.00) per month, payable in advance. This charge is separate from the charge for the DSL service, and does not cover any charges that originate from your serving telephone utility. This charge also does not include taxes, fees, governmental assessments or other similar charges required by law to be collected. RT Connect will initiate billing to you as the customer for leasing this equipment on your next invoice.
b. WARRANTY. While you are leasing this equipment, RT Connect will honor the manufacturer's warranty and repair or replace any leased equipment that is defective or malfunctioning. RT Connect will also assume certain responsibilities for the equipment after the warranty period:
While the equipment is being leased, and your payment is current and not in default, RT Connect warrants the equipment against defective parts and workmanship to the same extent as the manufacturer warrants it. RT CONNECT MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, DESIGN, CONDITION OF, OR QUALITY OF THE MATERIAL OR WORKMANSHIP IN THE EQUIPMENT. The warranty is void if the equipment has been harmed or lost as a result of accident, negligence, misuse, tampering, alteration, theft, vandalism, fire, water damage or other peril; or because of use not covered by the equipment specifications, such as changes in electrical power or high temperatures. Upon notification of a defect in the warranty period, RT Connect will have the option to repair or replace the equipment, and this will be your sole and exclusive remedy. RT Connect will bear all expenses incidental to repair, maintenance or replacement under warranty, including all labor and materials. Replacement equipment may be new or reconditioned. After the warranty expires, RT Connect will repair or replace defective equipment so long as you are not in default in your lease payments.
RT Connect disclaims liability for any claim, loss, damage or expense of any kind or nature arising from or in any manner related to the equipment, including without limitation liability caused directly or indirectly by (i) the inadequacy of the equipment to serve the customer's purposes; (ii) any deficiency or defect in the equipment; (iii) the use or performance of the equipment; (iv) any interruption or loss of service; and (v) any loss of business or other consequential damages, whether or not resulting from any of the foregoing.
c. FAILURE TO PAY. If you fail to pay the lease amounts due, RT Connect may: (i) seek to collect the amount plus its prevailing late charge; (ii) deem the failure to pay as an election by you to take ownership of the equipment, and seek payment for its purchase price in the amount referenced below; (iii) suspend or terminate the service; and/or (iv) take any other action permitted by law. If you fail to honor the lease agreement, and RT Connect has to incur legal fees or court costs to recover the equipment and/or amounts due, you will also be responsible for these costs.
d. CANCELLATION. You may cancel the lease at any time after the first ninety (90) days without further obligation, provided that you return the equipment in as good condition as when it was received by you. Your billing for the equipment will terminate when RT Connect receives the equipment back in substantially as good condition as when it was received by you.
e. PURCHASE / CHARGE ABSENT TIMELY RETURN OF EQUIPMENT. You also can purchase the equipment from RT Connect at any time. If you elect to do so, RT Connect will provide information on purchasing to you on request.
f. NO IMPACT ON DSL SERVICE AGREEMENT. Terminating the equipment lease will not automatically terminate your obligations with respect to DSL service. If you terminate DSL service, you are required to either return the equipment or buy it, and the lease will terminate when RT Connect receives the equipment back from you or receives full payment for it. Unless you return the equipment in good condition within three (3) days after termination of your DSL service, you will be charged an in-place sale charge of Eighty Nine Dollars and Ninety Five Cents ($89.95) plus applicable taxes for the equipment. If the equipment is returned within fifteen (15) days thereafter in good condition, the sale charge will be refunded to you, less any setoff related to other obligations.
g. LIMITS ON CUSTOMER USE. Unless and until you purchase the equipment and receive documentation of the purchase from RT Connect, title to the equipment will remain in RT Connect. Therefore, you cannot move the equipment from the address at which it is currently installed, and RT Connect may reclaim the specific equipment at any time. You cannot assign any rights to the equipment without RT Connect consent and you cannot encumber the equipment with any lien or security interest of any kind. In addition, you cannot let others repair, work on, or tamper with the equipment. If the equipment is lost, stolen or destroyed, you will be responsible for payment of the replacement cost of the equipment.
