THIS IS A LEGALLY BINDING CONTRACT
USING THE COMPANY'S SERVICES
YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
"The Company" means Tim Foster d.b.a. Aledo BroadBand, located at P.O. Box
364, Aledo, TX 76008.
"The Subscriber" refers to an individual, corporation or legal entity who
incurs usage charges for the Company services, for its own use or who incurs such
charges on behalf of a third party user.
A. General. The Subscriber shall pay to the Company the charges
associated with the rate plan selected, including without limitation, deposits, set-up
fees, equipment purchase and/or rentals, service charges, etc., all as set forth on the
service info page (www.aledobroadband.com/pricing.asp).
B. Changes. All charges are subject to change at Company's discretion upon thirty
days advance notice.
C. Payment. Invoices are sent via e-mail. Additional surcharges
may apply if customer requests invoice delivery other than by
e-mail. Payment of any and all charges are due on the first day of the service period selected by the
Subscriber. All periods of service shall begin on the first day of the month. Accounts
more than 5 (five) days overdue may be temporarily suspended until full payment
of all is
received. A $10.00 reconnect fee will be assessed on all suspended accounts. Returned
checks will be charged a fee of $25.00. Except for the first month of service, MONTHLY
SERVICE IS NOT PRORATED.
3. Term and Termination.
This agreement commences upon activation of service by the Company and remains in
effect for one year after the date of installation.
Subscriber may terminate this agreement upon ten days advance, on line notice, or
other written notice. Unless Company has increased fees or charges within one month
prior to subscribers' notice of termination, subscriber shall pay to Company upon
discontinuance of service, a termination charge equal to the applicable monthly fees and
charges multiplied by the number of months remaining in the term. The Company shall have
the right to suspend or terminate this agreement at any time without prior notice to
subscriber. The Subscriber also 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.
Upon termination of this agreement, the Subscriber agrees to
return the installed broadband equipment (modem, antenna, radio, router and cables)
to Aledo BroadBand within 10 (ten) days.
If Subscriber purchases DSL service and terminates service FOR
ANY REASON prior to the completion of the one-year term, Subscriber
agrees to pay a non-negotiable $150 early-termination fee.
Subscriber and User shall indemnify and hold harmless, the Company, its agents,
representatives, associates and
employees from and against any loss, cost, claim, liability, damage, or expense
(including reasonable attorneys' fees) to third parties, relating to or arising from the
use of the service by Subscriber, User, or any of their personnel, whether or not
Subscriber or User has knowledge of or has authorized such access or use, including,
without limitation, claims for libel, slander, an invasion of privacy, infringement of
copyright, patent infringement (where Subscriber or User has used, connected, or
combined the service with the products or services of others), negligence, breech of
security, or tortious behavior. Subscriber agrees to indemnify the Company along with
any parties from whom the Company obtains network services, and to hold them harmless
from any claims resulting from the use of the service by Subscriber or its users that
damage another party or that violates the law.
5. Disclaimers of Warranties.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, EQUIPMENT, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE COMPANY (THE "CONTENT") ARE PROVIDED "AS
IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON
INFRINGEMENT. THE COMPANY AND ITS LICENSORS, AGENTS AND EMPLOYEES DO NOT WARRANT THAT
THE CONTENT IS ACCURATE, RELIABLE OR SECURE. THAT THE SERVICES WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT FILES, EMAILS OR SETTINGS ARE BACKED UP; OR THAT THE
CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SYSTEM IS
SOLELY AT YOUR RISK.
6. Limitation of Liability.
COMPANY SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR
SERVICES NOT PROVIDED BY COMPANY, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER
INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF COMPANY, NOR SHALL COMPANY BE LIABLE FOR
PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER'S OR ITS USERS' EQUIPMENT.
SUBSCRIBER AND USER HEREBY RELEASE COMPANY FROM LIABILITY ARISING FROM ANY CONTENT
ACCESSED VIA THE SERVICE. COMPANY'S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN
CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER
CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. COMPANY SHALL NOT BE LIABLE
IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF
SUBSCRIBER'S OR ITS USERS' EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS
PERFORMANCE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF
BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF COMPANY FOR ACTUAL
PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR
DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT
OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES
PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH
DAMAGES OCCUR. COMPANY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR
IMPLIED, CONCERNING THE SERVICE, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A
PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY
IMPLIED BY LAW.
7. Use of Service.
Company reserves the right to restrict or deny service to
Subscribers who, knowingly or unknowingly, do not comply with the
terms of this agreement.
A. Subscriber shall insure that its users shall comply with the terms and conditions
of this agreement.
B. Subscriber and its users shall not use or permit its end users to use the services
in ways that violate laws, infringe the rights of others, interfere with users of our
service or other service networks. 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.
C. By posting information in or otherwise using any communications service, instant
messaging service, chat
room, message board, news group, software library, or other interactive service that may
be available to you on or through this site, you agree that you will not upload, post,
or otherwise distribute or facilitate distribution of any content -- including text,
communications, software, images, sounds, data, or other information -- that:
1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortious, contains explicit or graphic
descriptions or accounts of sexual acts (including but not limited to sexual language of
a violent or threatening nature directed at another individual or group of individuals),
or otherwise violates Company's rules or policies;
2. Victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age,
3. Infringes on any patent, trademark, trade secret, copyright, right of publicity,
or other proprietary right of any party;
4. 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.
5. Contains software viruses or any other computer code, files, or programs that are
designed or intended to disrupt, damage, or limit the functioning of any software,
hardware, or other information of any third party; or
6. Impersonates any person or entity, including any employee or representative of the
You further agree that you will not knowingly solicit or collect personal information
from a minor without appropriate prior verifiable parental consent.
Company generally does not pre-screen, monitor, or edit the content posted by users
of communications services, chat rooms, message boards, news groups, software libraries,
or other interactive services that may be available on or through this site. However,
Company and its agents have the right at their sole discretion to remove any content
that, in Company's judgment, does not comply with these rules or is otherwise harmful,
objectionable, or inaccurate. Company is not responsible for any failure or delay in
removing such content.
D. Subscribers rights herein granted, cannot be transferred, assigned, shared, sold,
or used by anyone other than the Subscriber. No more than one connection to the services
provided by Company, can be used at any time by the Subscriber on any system account.
E. Subscriber and/or users shall not establish Internet servers of any kind,
including without limitation, Web, E-Mail, games, FTP, file sharing or the like, without
prior written authorization and pricing agreement from the Company.
8. Broadband Availability.
Company reserves the right to establish and enforce usage limits limiting the speed
of uploads and downloads of any kind and in all protocols, including without limitation,
file downloads (FTPs), Web browsing, file sharing, etc., from time to time, for all
Company reserves the right to restrict or deny service to
Subscribers due to network abuse, virus propagation, hacking,
cracking, spamming or any other activity that is deemed by the
Company to compromise the health and stability of the Company's
9. Service Calls.
Subscriber is responsible for the entire cost of service calls including labor,
materials and equipment for all failures which are not the fault of the Company
including without limitation, acts of God, weather phenomena, abuse,
failure of Subscriber's
equipment, etc., including service calls to reinstall software.
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, the
Subscriber agrees to pay all of the Company's reasonable attorneys fees and court costs.
Upon breach of this Contract, all of 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 Subscriber fees shall be forfeited as liquidated damages to the
Company. In the event of litigation both parties agree that the law of Texas shall apply
and both parties consent to the jurisdiction of the courts of Parker County, Texas. Both
parties expressly waive a jury trial.
The Company shall have the sole right to decide what information (Web Page content,
etc.) can or cannot be uploaded onto, or reside upon, the Company's system and the
Company has the right to delete all such information data, or files that it decides
cannot reside on the Company's hardware.
12. Contract Amendments.
The Company reserves the right to amend this contract from time to time, in its sole
discretion, and any such amendments shall become effective upon promulgations, subject
to the terms of this agreement.
13. Age Restriction.
The Subscriber certifies that he or she is at least 18 years of age or that a
parent or guardian has given their express consent. The parent or guardian acknowledges
responsibility for the minor's actions.
14. Entire Contract.
This Contract represents the complete understanding between the parties as to the
subject matter hereof, and supersedes all prior written or oral negotiations,
representations, guaranties, warranties, promises, orders, statements or agreements
between the parties or any statement or representation made or furnished by any other
person representing or purporting to represent either party.