This is an agreement between you (the “Customer”) and Chisholm Broadband (“Chisholm Broadband”), for wireless Internet service (the “Service”).
Wireless Internet Service Agreement Chisholm Broadband This Internet Wireless Service Agreement (“Agreement”) is made and entered into as of the_____ day of ________, 20___ by and between _________________ “Subscriber” and Chisholm Broadband (“Provider”), an Oklahoma company. Provider will provide Wireless Internet Access Service (“Internet”) to subscriber, consisting of services and access to data communications equipment that provides “Full Access” to the global computer network known as the Internet via a wireless transmission signal. This signal is sent to client equipment located on Subscriber’s premises, which has a street address of: Street: _________________________________ City of: __________________Zip:_________ “FULL ACCESS”is further defined by the terms of this Agreement, which will constitute the entire agreement between Provider and the Subscriber:
1.Full Access means access via a wireless connection to subscriber (Monthly Services) ____10 Mbps (59.99) ____ 20 Mbps ($79.99) ____30 Mbps ($89.99)____40 Mbps (99.99) ____50 Mbps ($109.99)
2.Internet may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state, or local regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.
3.It is agreed by both parties that Provider has no ability to regulate any types of information, content, material or data (“content”) sent or transmitted by Subscriber, nor regulate any types of content Subscriber may view, receive or otherwise download. Consequently, Subscriber agrees to indemnity and hold harmless Provider from any claims resulting from Subscriber’s use of the service that damages Subscriber or another party. In part, this means Subscriber is responsible for the use of the Internet by all parties accessing the Internet through Subscriber, such as employees, agents, and non-employees and non-agents otherwise allowed access.
4.The Subscriber agrees to indemnify Provider against liability for the actions of each person to whom it allows to use the services provided by this Agreement. Any access to other networks connected to Provider must comply with the rules appropriate for the other network. Use of the Internet itself may only be for any lawful purpose.
5.Connectivity is provided for Subscriber only. Resale or use of the connection by another user or organization is prohibited. This includes, but in not limited to, providing website hosting services by Subscriber.
6.Hardware: The Subscriber is responsible for providing all communications equipment and software necessary to access the Internet. Provider, at its discretion, may assist the Subscriber in obtaining the proper communications equipment and software. All Subscriber hardware purchased through Provider is guaranteed by manufacturer’s warranty: service call, labor fees, and replacement hardware charges will be billed accordingly.
7.Installation: Chisholm Broadband or its authorized contractor will install the equipment at subscriber’s premises for the charges indicated on the estimation form.
8.Provider’s Internet services are for Subscriber’s use only. Subscriber may have as many terminals accessing the Internet as Subscriber wants, as long as said terminals are located on Subscriber’s premises.
9.Internet Security: It is the sole responsibility of each Subscriber to protect their computer(s) data and network accessibility (such as file sharing).
10.Chisholm Broadband reserves the right to change the rates and otherwise modify these Terms and Conditions at its discretion. Such changes will be posted at www.ChisholmBB.com under “User Agreement”.
11.CHISHOLM BROADBAND MAKES NO WARRANTY EITHER EXPRESS OR IMPLIED REGARDING THE QUALITY OF THE INTERNET ACCESS SERVICE TO BE PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO, THE CONDITION, MERCHANTABILITY, FITNESS, ADAPTABILITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE OF THE INTERNET ACCESS SERVICE. THE INTERNET ACCESS SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER CHISHOLM BROADBAND OR ANYONE ELSE INVOLVED IN CREATING, PROVIDING OR DELIVERING THE INTERNET ACCESS SERVICE SHALL BE CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE INTERNET ACCESS SERVICE OR INABILITY TO USE THE INTERNET SERVICE. THIS INCLUDES LOSS OF DATA RESULTING
12.The customer radio and antenna are covered under the one-year manufacturer’s warranty. Warranty excludes damage caused due to electrical surges, weather-related or intentional non-intentional damage. Warranty does not cover Service Calls or Labor Charges.
13.Internet shall cost Subscriber, $________ per month.
14.If any payment due hereunder is not made by the subscriber by the due date on the invoice, a late charge of 10% of the outstanding balance per month shall be due and payable with respect to payments. Payments to Chisholm Broadband are non-refundable. No refunds will be given for canceled accounts unless the account is clearly defective and non-working. Cancellation of accounts can be made to the other phone, fax or postal mail and will terminate at the end of the current billing cycle.
15.Provider may, in addition, and at its sole direction, and without notice to Subscriber (a) suspend its performance under this Agreement and Subscriber’s access to use of the Internet or (b) terminate this Agreement and Subscriber’s access to and use of Internet, in which case the remainder of this Agreement shall be deemed void. Chisholm Broadband reserves the right to change the rates and otherwise modify these Terms and Conditions by posting notice under the “User Agreement” portion of www.ChisholmBB.com. It is the Subscriber’s responsibility to regularly familiarize themselves with Violation of the Terms of this Agreement by which Subscriber may cause suspension or termination of Internet services by Chisholm Broadband.
16.The laws of the State of Oklahoma will govern this Agreement. Any claims or cause of action related to the Agreement must be instituted within one year after the claim or cause of action has arisen or be considered forever barred. The invalidity of any portion of any provision of the instrument shall not affect the validity of the remainder of any such provisions or the remaining provisions of this Agreement.
17. Any actions of claims arising under this Agreement shall be venued in Garfield County, Oklahoma.
18. Both parties are responsible for their own attorney’s fees and costs associated with the creation, negotiation and execution of this agreement. Each party shall be responsible to the other for any attorney’s fees and costs associated with enforcing that parties’ rights under this agreement, if successful in any court action or arbitration associated with enforcing said rights.
19. Notice under this Agreement shall be given to: Subscriber (printed name): __________________ Provider: Chisholm Broadband Dated this _______ day of ____________, 20_____. By Subscriber: On Behalf of Provider: ________________________________________________________
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