We are currently experiencing an outage in the Larkspur / Castle Rock area.
Service will be restored shortly.

Tap To Call (719)785-7200  (970)384-4850  (303)325-2770
sign up

(719) 785-7200  (303) 325-2770  (970) 384-4850

Kellin Communications Terms Of Service

ABOUT THIS AGREEMENT, OUR SERVICES, AND YOUR RIGHTS
1.1 These Terms of Service constitute an agreement between the purchaser of Kellin Services, (hereinafter “Customer”) and Kellin Communications (hereinafter “Kellin”) in addition to each Customer’s Installation Form and each Customer’s schedules depicting the charge for that particular Customer’s service (hereinafter, “Service Level Contracts”). By using Kellin Services, each Customer hereby agrees to purchase Services described on the attached Installation Form. The schedules attached hereto are an integral part of these Terms of Service and are incorporated herein.
1.2 These Terms of Service, prices, fees, and/or terms and conditions of this Agreement in the future are subject to change from time to time with notice after being posted for 30 days for the Customer’s review at www.Kellin.net/terms.html. If after the 30 day period, customer continues to receive Service, this will be considered an acceptance of the changes.
1.3 Kellin reserves the right to refuse its Services to anyone for any reason or for no reason. Kellin reserves the right to cancel any Services to any customer for any reason or for no reason, without notice subject to applicable law.
1.4 Kellin makes no guarantees regarding “up times” for any of its Services. Kellin makes no service level guarantees except to the extent that the guarantees are contained within Service Level Contracts. Customer understands and agrees that payment for, or use of Kellin’s services constitutes an acceptance of these Terms of Service and Customer agrees to be bound by them.
DEFINITIONS
2.1 “Customer” means any purchaser of Kellin services or products.
2.2 “Equipment” means any physical accessories placed on the Customer’s premises reasonably necessary to fulfill these Terms of Service and/or each Customer’s Service Level Contract.
2.4 “Services” means any dedication of bandwidth to the Customer for purposes of Internet service, telephone service, VoIP service, or any other means of data transfer to or from the Customer’s assigned IP address, or any transfer of data pursuant to these Terms of Service or the Customer’s Service Level Contract.
2.4.1 “Telephone Service” means any Services dedicated for telephonic or VoIP use.
2.4.2 “Internet Service” means any Services dedicated for any transfer of data for any purpose other than telephonic or VoIP use.
2.5 “Service Level Contracts” are agreements between the Customer and Kellin regarding Products not uniform to all customers, such as connection speed, among others. Service Level Contracts are entered into pursuant to these Terms of Service, and all Service Level Contracts will be governed by these Terms of Service.
2.6 “Terms of Service” means this agreement and all its contents, schedules, and attachments, including these Definitions.
INSTALLATIONS, SERVICE AND USE
3.1 The Customer hereby authorizes Kellin or its authorized contractors to install any Equipment including, but not limited to, transceivers, modems, software, wiring, and any other optional, mutually agreed upon equipment in the Customer's premises, necessary in order to provide Kellin service.
3.2 Any custom installation work requested by the Customer including placing cable under carpeting, through walls, inside moldings, or other necessary placement to accomplish provision of Services will require an additional charge to be determined and agreed upon in advance.
3.3 Kellin will not be liable for any alterations to the premises that result from the installation or removal of the Equipment, including, but not limited to, holes in walls, cable wiring or antenna mounting brackets.
3.4 The Customer warrants that s/he is at least 18 years of age and that s/he owns the premises or has received permission from the owner of the premises to make any changes in the premises needed to install the Equipment and receive Services. In addition, it is the Customer's obligation to confirm that the placement of the transceiver on the premises is not in violation of any restrictive covenants, conditions or homeowner restrictions. Kellin will not be held liable for any reduction in the return of security deposits, or any other fees regarding damage to the Customer’s premises to the extent that such damage was reasonably necessary for installation of the Equipment.
3.5 The Customer agrees to allow Kellin or its subcontractor access to the premises to perform installation, repair or maintenance in support of the Services.
3.6 The Customer agrees to use the Services solely for residential or home-based business purposes. The Customer acknowledges that the provision of these services is not for any commercial purpose that is conducted outside the Customer’s home.
3.7 Kellin may revise, modify or discontinue any or all aspects of the Services, including but not limited to Service and Equipment prices, any applicable tariffs, and any terms of this Agreement.
3.8 Notice to the Customer of any restrictions or modifications will consist of updating these Terms of Service on the Kellin web site or sending e-mail to the Customer.
3.8 Voice Over Internet Protocol (VoIP) does not support facsimile services, alarm systems, or any other type of modem connection services.
3.9 To the extent that Kellin includes features such as caller identification, it is not responsible for errors or omissions made by such features.
3.10 All email addresses granted or hosted by Kellin, or that bear Kellin-owned domain names are the sole property of Kellin and may only be used by Customer during a valid term of service with Kellin. Kellin reserves the right to terminate or change any email address or email account for any reason or no reason and without notice to the Customer.
3.11 Kellin assumes no responsibility or liability for interception of the Services.
3.12 The Customer shall be responsible for their own advertisement or listing in any and all published directories. Kellin shall have no liability or responsibility for any third party publications.
CHARGES AND FEES
4.1 Customer agrees to pay all charges associated with these Terms of Services provided by Kellin, including but not limited to, installation/service call charges, monthly service charges, equipment charges, applicable federal, state, local taxes and fees (however designated), regulatory recovery fees or assessments imposed on Kellin. The Customer hereby acknowledges that certain governmental taxes and fees may be charged on top of the fee charged by Kellin for the Services provided to the Customer.
4.2 The initial term of this agreement is TWELVE MONTHS.
4.3 At the end of the initial term, the term will automatically renew for successive one-month periods at the then-current monthly "no contract" rate, unless the Customer advises Kellin in writing that they wish to terminate the Service, or wishes to renew for another twelve-month period.
4.4 Payment is due on or before installation. Customer will be billed monthly.
REMEDIES FOR LATE PAYMENT OR FAILURE TO PAY
5.1 Customer may be billed fees, charges or assessments related to late or non payments if for any reason payment for services is not received by the payment due date.
5.2 If the use of a collection agency or attorney is required to obtain payment, customer agrees to pay reasonable costs of collection.
5.3 If customer fails to pay the full amount due, then Kellin may, at its sole discretion in accordance with and subject to any applicable law, suspend or disconnect any or all services.
TERMINATION
6.1 EARLY TERMINATION FEE: If the Customer terminates this agreement prior to the end of the Term, the Customer agrees to pay Kellin a Termination Fee of the current monthly fee times the number of months remaining in the Term at the time of termination. For example, if there are three months left on the Term at $20 per month, the Early Termination Fee will be $60.
6.2 SATISFACTION GUARANTEE: The Customer may cancel this agreement at any time within thirty (30) days of signing this document without penalty and with full refund, so long as the Equipment is returned in good condition. The cost of installation, however, will not be refunded.
6.3 Kellin reserves the right to terminate any agreement, including Service Level Contracts, entered into pursuant to these Terms of Service if:
6.3.1 The Customer engages in the sending of unsolicited mass, commercial email (or “spam”) by use of the Services;
6.3.2 The Customer engages in any illegal activity by using the Services provided by Kellin;
6.3.3 The Customer engages in any conduct that could subject him or her to civil liability including, but not limited to, harassment, bullying, libel, defamation, or other behavior;
6.3.4 The Customer exceeds its bandwidth limitations, if applicable.
6.4 The Customer will have the right to terminate a service agreement entered into under these Terms of Service:
6.4.1 If the customer is not completely satisfied with the Services pursuant to Kellin’s Satisfaction Guarantee, before thirty (30) days have passed since the signing of these Terms of Service;
6.4.2 At the end of the service term;
6.4.3 If Kellin breaches a material term of these Terms of Service;
6.4.4 At any time, with payment of any applicable Early Termination Fee set out in 2.3.
6.5 Kellin has no obligation to remove the Equipment if the Customer terminates the Services. If the Customer fails to pay the termination fee, Kellin may, but is not required to, remove and resell or reuse the equipment.
6.5.1 Unless specifically provided for otherwise, any Equipment installed on the Customer’s premises is the property of Kellin, and must be returned to Kellin within thirty (30) days of its request to the Customer after termination of services by either party.
6.5.2 Upon the termination of Services, Kellin shall have a reasonable right of entry at a time agreed upon by the Customer and Kellin to retrieve any unreturned Equipment.
6.5.3 The Customer agrees to not damage the equipment, and to return it in the same or similar condition as it was given to him or her.
6.6 If the Customer moves out of the premises, Kellin will be authorized to discontinue the Services provided for herein and retrieve any Equipment on the premises within a reasonable time provided for under section 2.7.1 of these Terms of Service.
LIMITED WARRANTY, SERVICE, AND REPAIRS
7.1 Kellin will provide a limited parts and labor warranty for the Equipment and the installation thereof during the initial term of this agreement. This warranty excludes any damage resulting from abuse or negligence, or Acts of God, as determined solely by Kellin.
7.2 This warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
7.3 If the equipment is sold, any warranties will automatically and immediately terminate.
7.4 Any repair or replacement of the Equipment and/or correction of an installation problem, following expiration of the Agreement, will be the Customer's responsibility. If Kellin damages the premises during the Services installation or during maintenance; Kellin will compensate the owner of the Premises for reasonable actual and demonstrated costs of necessary repair not to exceed $1,000.
7.5 Kellin shall make reasonable efforts to provide continuous and uninterrupted service to the Customer with the exception of scheduled maintenance.
INTERNET ACCESS AND VoIP SERVICE
8.1 The Customer agrees to abide by Kellin’s Acceptable Use Policy, attached hereto.
8.2 The Customer accesses materials on the Internet at their own risk.
8.3 Kellin may deny the Customer access to all or part of the Services without notice if the Customer breaches these Terms of Service, including but not limited to Kellin’s Acceptable Use Policy.
8.4 Emergency 911 (E911) service is included with Kellin Phone Service, as required by 20 F.C.C.R. 10245. Because Kellin Phone Service is an internet-based phone solution, the Customer is responsible for providing correct address information when using the E911 service. The Customer is also responsible for verifying the accuracy and availability of such service. Kellin will not be held liable for errors in address provision, and will not be held liable for damages of any sort if an incorrect address is provided to emergency personnel, or in the case of any telephone outage in times of emergency.
8.5 Reverse E911 is not provided by Kellin, and Kellin will not be held liable for any circumstance in which a Customer wishes to use this service.
8.6 Kellin does not guarantee any level of voice quality or availability of long-distance calling, as VoIP is a “best efforts,” secondary voice service, and is not intended to be used as a primary voice service.
8.7 Telephone number portability cannot be guaranteed with Kellin’s VoIP services. Kellin is not responsible for lost telephone numbers or problems with routing telephone calls to ported telephone numbers.
8.8 The Customer agrees to not resell the service to any other Customers. The Customer further agrees to comply with any bandwidth usage or other limitations on the services set by Kellin in its sole discretion. The Customer is responsible for ensuring that their usage of the Services does not improperly restrict, degrade or adversely affect any other Customer's use of the services, nor represent, in Kellin sole judgment, an unusually large burden on the network itself. If Kellin determines that the Customer is exceeding his or her bandwidth limits, the Customer will be notified by mail and given fifteen (15) days to comply. If excessive use continues after fifteen (15) days, Kellin may take any action it deems necessary, including, but not limited to, terminating the Services, to ensure that usage does not adversely affect Kellin ability to provide service to other Customers. The Customer will be notified about any such action in writing.
8.9 Kellin will assign to each Customer a Kellin-owned Internet Protocol address (IP Address), which is the exclusive property of Kellin and is not portable. Kellin may change the Address at any time without liability and without prior notice to you. Kellin will use reasonable efforts to avoid any disruption by notifying you prior to changing the IP address.
8.10 Any advertised internet connection speeds are for best case scenario and guideline purposes only. Kellin makes no guarantee as to internet connection speed, and cannot warrant any specifications for internet connectivity.
PRIVACY POLICY
9.1 Kellin gathers information about Internet usage such as Internet history, session lengths, bit rates, number of messages, and bytes passed. This information is used in its aggregate and Kellin may share this data with other parties. Kellin uses personal identifiable information obtained from the Customer, and from other sources for billing purposes, to provide and change service, or to identify, create, or inform you of products and services that better meet your needs. Kellin will not use or disclose personal identifiable information regarding Internet usage unless compelled by a court order or subpoena, the Customer consents to the disclosure, or to protect the rights or property of Kellin.
9.2 Kellin will not list Customer’s information in any print or online address or telephone directory. Should the Customer wish to become listed in print or online directory services, s/he is responsible for obtaining such listing.
LIMITATIONS OF LIABILITY AND INDEMNIFICATION
10.1 Neither Kellin nor its subcontractors will be liable for any loss of data or damage to hardware that occurs during installation of any service performed on the Customer's computer in support of Kellin Services. The Customer agrees that it is his or her responsibility to completely backup any computer data prior to installation. THE CUSTOMER FURTHER AGREES THAT NEITHER KELLIN NOR ITS SUBCONTRACTORS ARE RESPONSIBLE FOR ANY PROBLEMS WITH THE CUSTOMER'S COMPUTER FOLLOWING THE INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON THE CUSTOMER’S COMPUTER IN SUPPORT OF KELLIN SERVICES.
10.2 THE CUSTOMER'S EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES RESULTING FROM THE INSTALLATION OF EQUIPMENT AND THE USE OF THE SERVICES, INCLUDING KELLIN’S OR ITS SUBCONTRACTORS’ NEGLIGENCE, WILL BE LIMITED TO FEES PAID TO KELLIN UP TO THE TIME THE DAMAGE IS DISCOVERED.
10.3 THE SERVICES ARE PROVIDED 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, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER KELLIN NOR ITS AFFILIATES WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.4 KELLIN, ITS AFFILIATES, AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING PERSONAL INJURIES, PROPERTY DAMAGE OR LOSS OF BUSINESS, THAT RESULT IN ANY WAY FROM THE USE OF OR INABILITY TO USE THE SERVICES OR TO ACCESS THE INTERNET OR ANY PART THEREOF. NEITHER WILL KELLIN, ITS AFFILIATES, NOR ITS SUBCONTRACTORS BE LIABLE FOR THE CUSTOMER’S RELIANCE ON OR USE OF OFFERS, CLAIMS, REPRESENTATIONS, PROMOTIONS AND TRANSACTIONS, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE INTERNET OR OTHER KELLIN SERVICES. NEITHER KELLIN, ITS AFFILIATES, NOR ITS SUBCONTRACTORS WILL BE LIABLE FOR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
10.5 The Customer agrees to indemnify, defend, and hold harmless Kellin, its affiliates, and its subcontractors from any claims made by third parties arising out of the use of the Equipment or the Services by the Customer or an authorized user of the Customer's account, including the placement or transmission of any message, information, software or other materials on the Internet.
10.6 These limitations on liability and indemnification provisions inure to the benefit of and apply to: (1) Kellin, (2) any successor to Kellin’s business by way of merger, purchase of assets, or operation of law, and (3) any subcontractors performing work on behalf of Kellin.
10.7 Neither Kellin nor any subcontractor employed by Kellin is responsible for any damage to the Customer’s premises during the installation or removal processes.
10.8 The Customer's acceptance of Services at time of installation acknowledges that the Customer understands and accepts these Terms of Service and that the Customer agrees to be bound by the provisions of these Terms of Service.
BINDING ARBITRATION
11.1 The Customer and Kellin agree to arbitrate any and all disputes and claims. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court. This agreement to arbitrate is intended to be given the broadest possible meaning under the law.
11.2 The provisions of section 7.1 include, but are not limited to:
11.2.1 Disputes and claims arising out of or relating to any aspect of the relationship between the Customer and Kellin, whether based in agreement, tort, statute, fraud, misrepresentation or any other legal theory;
11.2.2 Disputes and claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
11.2.3 Disputes and claims that may arise after the termination of this agreement;
11.2.4 Disputes and claims that are currently the subject of individual litigation;
11.2.5 Disputes and claims concerning the scope of this arbitration provision.
11.3 RIGHT TO OPT OUT: If customer does not wish to be bound by this arbitration provision, customer must notify Kellin in writing within 30 days of the date you first receive this agreement.
11.4 SELECTION OF ARBITRATOR: If the parties elect to resolve a dispute through arbitration pursuant to his arbitration provision, the party initiating the arbitration may open a case with the American Arbitration Association, www.adr.org under Commercial Arbitration Rules of the American Arbitration Association (“AAA”).
11.5 Because the Service provided to you by Kellin does not cross statelines nor affect interstate commerce, Colorado state arbitration law shall govern the arbitrability of all disputes.
11.6 If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve a dispute between the Customer and Kellin. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court ofappropriate jurisdiction to appoint an arbitration organization that will enforce the Arbitration Provision as written.
11.7 A single arbitrator shall resolve the dispute. The arbitrator will make any award in writing, but need not provide a statement of reasons unless requested by a party in writing.
11.8 An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
11.9 If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty days from the date of the written arbitration award.
11.10 RESTRICTIONS: CUSTOMER AGREES TO CONTACT KELLIN WITHIN ONE YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO THE DISPUTE (EXCEPT BILLING DISPUTES WHICH MUST BE ADDRESSED WITHIN THIRTY DAYS AS PROVIDED ABOVE).
11.11 LOCATION: The arbitration will take place at a location convenient to all parties and within the area where service was provided.
11.12 ARBITRATION FEES AND COSTS: Will be paid for by the moving party, they will be reimbursed for the costs of the arbitration, excluding fees for attorneys, expert witnesses or any additional costs incurred only to the extent awardable in a judicial proceeding.
11.13 SEVERABILITY: If any clause within this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of the Arbitration Provision will be given full force and effect. In the event the entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Provision, the Customer and Kellin have each agreed to waive, to the fullest extent allowed, any trial by jury.
11.14 This Arbitration Provision shall survive the termination of service to the Customer provided by Kellin.
GENERAL
12.1 ENTIRE AGREEMENT SEVERABILITY: This Agreement and any other documents incorporated by reference constitute the entire agreement and understanding between the Customer and Kellin with respect to the subject matter of this Agreement, and replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
12.2 Kellin does not waive any provision or right if it fails to insist upon or enforce strict performance of any provision of this Agreement. Neither the course of conduct between the Customer and Kellin nor trade practice shall act to modify any provision of this Agreement.
CUSTOMER REPRESENTATIONS AND ASSURANCES
13.1 In addition to the representations and warranties that the Customer makes elsewhere in this agreement, Customer also represents and warrants that:
13.1.1 All parties to this contract, including Customer are at least eighteen (18) years of age.
13.1.2 All information Customer has provided to Kellin is accurate, complete and current.
13.1.3 Customer agrees to notify Kellin promptly to any change in the information provided. Failure to provide and maintain accurate information is a breach of this Agreement.