East Texas Broadband
Internet Service Agreement
Terms and Conditions
1. DEFINITIONS
"The Company" means East Texas Broadband, 2200 S. Royall, Palestine, TX 75801.
"The Subscriber" refers to an individual, corporation or legal entity who incurs usage charges for the Company’s services, for its own use or who incurs such charges on behalf of a third party user.
"CPE" refers to Customer Premise Equipment.
“The Service” refers to Internet access service provided by East Texas Broadband Details of what is included with the Service can be found in section 4 below.
2. AGREEMENT
This is an agreement between the Company and the Subscriber to provide the Service. By establishing an account, using the Service or equipment or indicating agreement through the software or website, you agree to be bound by this agreement and to use the Service in compliance with the Company’s Internet Service Agreement and Acceptable Use Policy which can be found by going to http://www.etbroadband.net.
3. TERM
The initial term of this agreement begins on your account billing start date and continues for the duration specified by your service level. Your account billing start date is the date you first begin being billed for service, as indicated on your first invoice. The agreement will continue on a month-to-month basis after the initial term. The Company reserves the right to change the price of the Service at any time after the initial term upon 30 days notice. Prices for other services provided by the Company may change at any time upon 30 days notice. Current rates may be obtained by calling 1-903-723-3373.
4. THE SERVICE
The Service includes:
• Internet access for one network device (computer, router, etc.)
• Up to five email accounts
The Service speed can vary depending on location, inside wiring, Internet traffic, and other factors beyond the control of the Company. The Company provides the Service on a “best effort” standard and does not guarantee upload or download speeds. The email service is available under this agreement after the Activation Date.
5. CANCELLATION
To cancel the Service the Subscriber must call 1-903-723-3373 or send registered or certified mail, return receipt requested to:
East Texas Broadband
PO Box 10530
College Station, TX 77840
If after 30 days of the original activation date the Subscriber is dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, the Subscriber’s sole remedy is to discontinue using the Service, cancel the account, and pay any cancellation fees that may apply. Cancellation will be effective at the end of the current billing period in which notice of cancellation is received. Upon cancellation, email service will be terminated by the Company. The Subscriber agrees that The Company has the right to delete all data, files or other information that resides or is stored on the Company's hardware, if the Subscriber's account with the Company is terminated, for any reason, by either the Company or the Subscriber. The Company is providing equipment to the Subscriber for the use of the Service. Cancellation of the Service by the Subscriber before the initial term of the agreement ends will result in a $100.00 disconnect charge. If the Subscriber wants moves the Service to a new location during the initial term, the Subscriber will be charged $99.95 if the Company can provide the Service at the new location. If the Company cannot provide the Service at the new location, a charge of $100.00 will be assessed and the Service will be terminated. The Company reserves the right to waive the $100.00 disconnect fee. The Company may terminate this Agreement, and use of the Services for any reason, including, without limitation, if the Company, in its sole discretion, believes the Subscriber has violated the Agreements or if the Subscriber fails to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided for the Service. All notices to the Subscriber shall be deemed effective on the first (1st) day following the date of the email or on the fourth (4th) day following the date of the mailing. Upon service termination, the Company will make reasonable attempts to schedule removal of any equipment provided by the Company. If after 3 days, the Company is unable to schedule removal, subscriber grants permission for Company to enter property and remove equipment owned by the Company. Sections 2, 5, 7, 12, and 13 of this Agreement shall survive termination of this Agreement.
6. ACCOUNT REQUIREMENTS
In order to receive the Service:
• The Subscriber must be at least 18 years old and provide a valid credit card
• The Service must be available to the Subscriber’s location
• The Subscriber must not use any device that interferes with the wireless device provided by the Company
• The Subscriber’s computer must meet the following minimum requirements:
For PC:
• 233 MHz (or faster) Pentium-based processor (or equivalent)
• Windows 2000 or later
• 256MB RAM
• All machines must have an installed, functional 10BaseT or better Ethernet interface*
• Operating System CD and Installed and updated Antivirus software
Macintosh and Linux are compatible, but not supported.
*If a wireless router or access point is to be used, then a wireless card will be required.
7. PAYMENT
The Subscriber will be charged a one-time activation and equipment fee based on the service level selected. A monthly fee will be charged to the Subscriber based on the service level selected. The Company may charge you for taxes and other applicable fees. The Subscriber must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately. The Subscriber is responsible for any charges to his or her account. The Company may offer from time to time certain promotions with different terms, activation fees, and monthly charges. Questions regarding charges to an account should be directed to the Company at 1-903-723-3373. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old. Charges are billed to the Subscriber’s credit card or debit card, as applicable, each month for the Service and any additional usage or services. The Company is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by the Company. The Company hereby states that there is a $30.00 fee on any service(s) payment that is not honored by the Subscriber’s financial institution. Payment by check is due upon receipt unless specified on invoice. The Subscriber agrees to maintain valid and current credit card information on file with the Company at all times. Delinquent accounts may be suspended or canceled at the Company’s sole discretion; however charges will continue to accrue until the account is canceled. The Company may bill an additional charge to reinstate a suspended account. If equipment has been removed from the Subscriber’s location prior to reinstating a suspended account, then the Subscriber will be required to pay installation fees associated with the level of service provided to the Subscriber.
8. YOUR ACCOUNT, PASSWORD, AND SECURITY
The Subscriber will receive a username, password, and account designation upon account activation. The Subscriber is solely responsible for use of the Service. The Subscriber must keep his or her password confidential so that no one else may access the Services through the Subscriber’s account. The Subscriber must notify the Company immediately upon discovering any unauthorized use of the Subscriber’s account. The Subscriber will be allocated an IP address. This address is controlled by the Company and may be provided to the Subscriber for purposes of using the Service. The Company may change this address at any time without liability, without prior notice to the Subscriber. The Company will make reasonable efforts to avoid disruption to the Service by attempting to notify the Subscriber at least 7 days in advance by email before changing an IP address. The Company reserves the right to timeout inactive connections. The Company’s technical support may be limited to services, software or equipment that is provided by the
Company. Email accounts exceeding 10MB in size may be inactivated until you reduce the size of the mail being stored. The Company reserves the right to change limits at any time without notice to the subscriber.
9. INSTALLATION
The Subscriber authorizes the Company and/or its contractors to install the equipment necessary to provide the Service. The Subscriber agrees that he or she owns and gives permission, or has obtained permission from the owner of the property, to mount equipment at the Subscriber’s location. If equipment is installed and then later has to be removed due to not having permission from the owner of the property, the Subscriber will be charged a fee of $100.00 and will be responsible for any damages that may result. The Company will not be liable for any personal or property damages resulting from installation or removal of the CPE. The Company will not be liable for damages resulting from Acts of God. These include, but are not limited to: wind, earthquakes or lightning. The Subscriber agrees to not operate any device that interferes with the wireless signal used to provide the Service. The Subscriber agrees to provide a code compliant,
110VAC power outlet, within six feet of where the CPE is to be connected. The installation, use, inspection, maintenance, repair, and removal of the CPE may result in service outage or potential damage to your computer. You are solely responsible for backing up all of your existing computer files and data. The Company and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. The Subscriber assumes responsibility for impacts to or loss of any warranty associated with the opening of the Subscriber’s computer for installation of an internal card (such as a Network Interface Card) or wireless modem. The Subscriber acknowledges that this is a fixed-location service for one location only. Moving to another location will require the service to be provisioned at the new location. This may result in substantial interruption of the Service and will result in fees associated with cancellation and setting up a new account. Early termination charges will apply even if the cancellation is for reasons of a move to another location. The Company may suggest an outside vendor to help install the Service. The Subscriber will be responsible for scheduling associated with the installation by a third party. The Subscriber is also responsible for all inside wiring repair and costs necessary to install the service. THE COMPANY DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY THE SUBSCRIBER OR A THIRD PARTY CHOSEN BY THE SUBSCRIBER WILL ENABLE THE SUBSCRIBER TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO THE SUBSCRIBER’S COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL ,ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF THE SUBSCRIBER’S INSTALLATION.THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT. The Company will make its best effort to provide the Service. Because of the complex nature of wireless broadband services, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, the Company may cancel the installation process and refund any money that you have paid. The Company will notify you of its intent to cancel as soon as reasonably possible. It may take 30, 60, 90 or more days to determine if the Company is able to provide service. The Company shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.
10. CONTENT RESPONSIBILITY
The Company does not knowingly post illegal content of any kind. The Company will not be held responsible for any content that is accessed by the Subscriber. The Subscriber shall not use the services in ways that violate laws, infringe the rights of others, interfere with users of our service or other service networks. The Subscriber is responsible for the knowledge of and adherence to any and all laws, statutes and regulations pertaining to or in any way connected with the Services provided by the Company and all use of any information, data, material or service in violation of any such law, etc., is strictly prohibited. The Subscriber shall not use the Services in any way that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling. The Subscriber shall not use the Service to facilitate the spread of viruses or to gain unauthorized access to a computer or network. The Subscriber shall comply with all U.S. export laws concerning the transmission of data. The Company has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if the Company, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its subscribers. The Company, in its sole discretion, may terminate the Services provide to the Subscriber for violation of the terms or acceptable use policy and the Subscriber agrees to pay $100.00 for termination of the service.
11.EQUIPMENT ACCESS
The Subscriber will not have password access to the CPE. The Subscriber may not use any means to reset, reverse engineer, modify or change any hardware or software setting or radio location. If a service request is required as a result of the Subscriber attempting to reset, reverse engineer, modify or change any hardware or software setting or radio location, the subscriber agrees to pay a fee of $100.00. The Subscriber agrees to keep the CPE clean and free of debris, foliage or obstruction while the CPE is installed at the Subscriber’s location. If a service call is required due to obstruction that, at the Company’s discretion, the Subscriber could have prevented, then the Subscriber will be billed at the current service call rate.
12. DISCLAIMERS
CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES,WHICH MAY BE PASSED THROUGH THE COMPANY TO THE SUBSCRIBER AT NO ADDITIONAL CHARGE. THE COMPANY WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO THE SUBSCRIBER. AT ITS SOLE OPTION WITHIN THE INITIAL TERM, THE COMPANY OR ITS AGENT MAY REPLACE CPE ON BEHALF OF THE MANUFACTURER, PROVIDED THE SUBSCRIBER FOLLOWS ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER.THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF THE COMPANY’S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN THE COMPANY OR ITS CONTRACTOR. THE COMPANY RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF THE COMPANY‘S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE COMPANY OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY THE COMPANY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. THE COMPANY AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE SUBSCRIBER’S USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, THE COMPANY’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED $1000. THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES,ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING THE SUBSCRIBER’S COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES;THE SUBSCRIBER’S RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION,TRANSMISSIONS, OR ANY FAILURE OF
PERFORMANCE OF THE EQUIPMENT OR SERVICES;THE USE OF THE EQUIPMENT OR
SERVICES BY THE SUBSCRIBER OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS,AND OTHER INFORMATION,AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST THE COMPANY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES THE SUBSCRIBER SPECIFIC LEGAL RIGHTS.THE SUBSCRIBER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
13. JURISDICTION
In the event The Company is required to engage the services of an attorney because of a breach by the Subscriber of any of the terms herein contained or arising out of the Subscriber's use of the Services provided by the Company in any other manner, and the Company prevails, the Subscriber agrees to pay all of the Company's reasonable attorneys fees and court costs. Upon breach of this Contract, all of the Subscribers' rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Contract, or the breach of any applicable law or statute governing the use of the services provided, all the Subscriber fees shall be forfeited as liquidated damages to the Company. In the event of litigation both parties agree that the law of the State of Texas shall apply and both parties consent to the jurisdiction of the courts of Anderson County, Texas. Both parties expressly waive a jury trial, if such powers for decision are available to the parties from the Court.
14. MISCELLANEOUS
This Agreement, the Acceptable Use Policy, and the Company’s other Agreements and policies posted on the Company’s Web site constitute the entire agreement between the Subscriber and the Company with respect to the Subscriber’s use of the Service.
15. AMENDMENTS
The Company may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the Company’s web site ( www.etbroadband.net) and/or on the Subscriber’s start pages and/or by email and/or in our various publications and mailings to the Subscriber. In the event that any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain valid and shall be enforced according to its terms and conditions.
