Texas Broadband - Terms of Use

Terms and Conditions

This Texas Broadband, Inc., (Texas Broadband) Services Agreement (the Agreement) is made between Texas Broadband and the customer identified below (Customer). Texas Broadband services and facilities are provided pursuant to the terms and conditions contained herein. Customer and any person using any Texas Broadband services, facilities, or equipment accept these terms and conditions and agree to be bound by them.

Acknowledgment: Customer acknowledges and understands that Customer is to receive the services detailed in the Agreement and Customer is not relying on any affirmation of fact, promise or description from any person or entity, nor any other oral or written representation other than what is contained in the Agreement. The Agreement may only be modified, or any rights under it waived, by a written document signed by Texas Broadband.
Billing and Payment: Texas Broadband shall bill Customer for service rendered at the rates stated herein. Invoices shall include all applicable taxes, service charges, fees and surcharges. Texas Broadband shall commence billing upon completion of installation. First month payment is billed upon service installation and is due within thirty (30) days of the invoice date. Where applicable, service charges for the first partial month of service will be pro-rated and billed. Authorized monthly credit card payments are charged to Customer�s credit card on the first of the month. Past due accounts will be charged a late fee of 1.5% per month on any unpaid past due balance. Delinquent accounts are subject to immediate termination or suspension of services at the sole discretion of Texas Broadband and without notice to Customer. Customer may reinstate services suspended due to nonpayment by paying to Texas Broadband within thirty (30) days from the date of suspension initiation. A service reinstatement fee plus all outstanding amounts due, including the cost of services that would have been provided during the period of suspension. If Customer does not choose to reinstate service with thirty (30) calendar days, Texas Broadband will deactivate the service without further notice and an early termination fee or any other applicable fees will become immediately due and payable.
Additional NRC (if Applicable): In addition to the standard NRC listed above, the following NRC, if applicable, will apply:
Customer Premise Equipment: Customer Premise Equipment (�CPE�) includes all equipment provided or utilized by Texas Broadband pursuant to the Agreement and remains the sole and separate property of Texas Broadband. Customer may not utilize the CPE for any purpose other than that expressly authorized by Texas Broadband. Customer is responsible for maintaining the CPE in working condition. Customer shall reimburse Texas Broadband, on a time and materials basis as documented in an invoice, for the cost to repair and/or replacement of the CPE in the event of any of the following: (a) misuse, (b) failure of any party other than Texas Broadband to exercise reasonable care, (c) physical damage, (D) theft, or (e) disaster. Customer acknowledges and agrees that title to the CPE is retained at all times by Texas Broadband.
Standard Activation: The Installation process should require approximately four (4) hours to complete. The installer will provide and install up to (100) feet of LMR 400 wire, an appropriate surface mount wall jack, the proper CPE (RG 1100), an appropriate cable to connect your P.C. to the CPE and other minor materials required to complete the installation. The installer will install (in an accessible basement, attic or crawl space area or externally along a convenient route) the wire needed to connect CPE to the antenna located outdoors to a reasonably accessible location within Customer�s premises at or near the primary personal computer location, which must be six (6) feet of a grounded, 110 VAC, electrical outlet. The installer will test the circuit to confirm its operability, connect and configure one (1) non-networked personal computer, and verify complete circuit functionality.
IP Addresses: Upon IP address reassignment, expiration, cancellation, or termination of the Agreement, Customer shall relinquish all IP addresses or address blocks assigned to Customer by Texas Broadband.
Term: The initial term of the Agreement shall commence on the date of installation and end twelve (12) months thereafter. After expiration of the initial term, the Agreement shall continue in effect on a month-to-month basis until terminated by either Texas Broadband or Customer upon at least thirty (30) days advance written notice to the other party.
Suspension and Termination of Service: Customer may terminate service upon thirty (30) days prior written notice to Texas Broadband, provided that Customer pays Texas Broadband the early termination fee if the termination occurs within the initial one (1) year term, and return or pay for CPE as further discussed in Section 9 below. Such termination notice from Customer must be in the form of an email sent to customercare@texasbb.com, said email must contain as directed both of the following: 1) �Termination Texas Broadband Service� in the subject line; and 2) Customer�s contact information in the body of the email. Texas Broadband may suspend or terminate Service without prior notice if Customer fails to timely pay for Texas Broadband service or violates Texas Broadband�s Acceptable Use Policy discussed below. Customer may reinstate service so suspended for nonpayment by paying to Texas Broadband, within thirty (30) days of the suspension initiation, the Service Reinstatement Fee plus all outstanding amounts due, including the cost of service that would have been provided during the period of suspension.
Effect of Termination: Upon termination of Texas Broadband service or the Agreement, services will be disconnected and Customer will be billed for CPE. If the CPE is returned within twenty (20) days of termination and is confirmed by Texas Broadband to be in good working condition, the Customer will be credited in full for the CPE. In addition, for any termination of Texas Broadband service that occurs after submission of Customer�s order but sooner than one (1) year from the service installation date, the Customer will be billed for the early termination fee of $500. This Early Termination Fee will be waived if: (I) Customer cancels its order within 5 business days of placing it, (II) Texas Broadband cannot install Customer�s wireless service within fifty (50) days after accepting the order, and Customer chooses not to wait for complete installation; or (III) for a period of more than twenty (20) business days after Customer informs Texas Broadband of the problem, Customer�s service is inoperative or unable to transport data reliably at the speed accepted at the time of installation, and Customer then chooses the deactivate.
Service Level Credits: Upon Customer�s request, Texas Broadband will credit to Customer�s account an amount equal to the connectivity charges for five (5) times the length of any DSL unscheduled service outage of at least two hours duration, provided that Customer notifies Texas Broadband immediately of such outage, and that Texas Broadband reasonably determines that such outage was attributable to Texas Broadband and not to any actions or inactions of Customer or any third parties (including failure of third party equipment) and/or acts of God. Customer credit may not exceed one month�s service fees in any single calendar month. Customer must request credit in writing or via e-mail the credit within seventy-two (72) hours of service restoration.
Acceptable Use Policy: Customer and all of its employees shall abide by the terms of the Acceptable Use Policy (�AUP�) set forth on pages six (6) and seven (7) of the Agreement. Reselling the services without Texas Broadband�s expressed written authorization is prohibited by the terms of the AUP. By accepting Texas Broadband�s services, Customer agrees to this AUP and any subsequent modifications thereto. Texas Broadband reserves the right to modify this AUP from time to time, effective upon posting the AUP as modified on its web site at http://www.texasbb.com/ .
Damage to Network: Precautions may be taken to prevent Network damage including, but not limited to, damage resulting from acts of God and/or electrical surges, however, Customer agrees that Texas Broadband will have no liability for any damages to the network which are not a direct result of our sole negligence, as allowed by law.
Liability and Warranty Disclaimer: Customer recognizes that Texas Broadband cannot control the content transmitted on its network and the Internet and that communications on the Internet may not be secure and may be subject to interception or loss. Texas Broadband disclaims liability for, and Customer hereby releases Texas Broadband from, all damages (including, but not limited to those for business losses and loss of data, data files, or programs), liabilities, cost, attorney�s fees and expenses incurred by Customer arising out of or relating to the use of Texas Broadband service, including Texas Broadband service CPE. Except for service level credit commitment specifically provided for herein, Texas Broadband services are provided �AS IS� without any representations or warranties either expressed or implied. TEXAS BROADBAND HEREBY EXPRESSSLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Indemnity: Customers shall indemnify and hold harmless Texas Broadband from and against any loss, cost, claim, liability, damage, or expense (including reasonable attorneys� fees) to or of any third party, relating to or arising from (1) the use of Texas Broadband services provided to Customer, whether or not Customer has knowledge of or has authorized access for such use, and (2) any damage to or destruction of Texas Broadband services CPE not caused by Texas Broadband or its agents.
Miscellaneous: The Agreement shall be governed by, constructed under, and enforced in accordance with, the laws of the state of Texas. For any action or suit to enforce any right or remedy of the Agreement, (except for actions to enter or collect on judgments) the parties consent to exclusive jurisdiction and venue in the courts of Washington County, Texas, and the prevailing party shall be entitled to recover its cost, including reasonable attorney�s fees. Texas Broadband may amend the terms and conditions of the Agreement by giving Customer thirty (30) days prior notice via publication on the Texas Broadband web site. Customer may not assign any part of the Agreement without Texas Broadband�s prior written consent that shall not be unreasonably withheld. Texas Broadband reserves the right, execiseable in its sole discretion, to expand or reconfigure its service areas and to reconfigure its service areas and to discontinue any services upon thirty (30) days notice by email or otherwise. The Agreement shall be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns. Headings in the Agreement are for reference only. If any provisions of the Agreement are held to be invalid or enforceable, none of the remaining provisions of the Agreement shall be affected thereby.