Residential Terms and Conditions 1. INSTALLATION AND SERVICES. You hereby authorize Utah Broadband, LLC (the “Service Provider”) and/or it’s authorized contractors to install an antenna, router, software, wiring and other equipment (the “Equipment”) at your home (the “Premises”) necessary to provide Internet service (the “Services”). Any custom installation work that you request, including placing cable under carpet, through cabinets, through interior walls or inside molding, may require additional charges. Service Provider 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. You warrant that you are at least 18 years of age and that you own the Premises, or have received permission from the owner of the Premises to make any changes to the Premises needed to install the Equipment and receive the Services. Additionally, it is your obligation to confirm that the placement of the antenna on the Premises is not in violation of any restrictive covenants, conditions or homeowners restrictions. You agree to allow Service Provider or its contractor’s access to the Premises to perform installation, repair or maintenance services in support of the Services. You agree not to use the Services for commercial business purposes. Service Provider assumes no responsibility or liability for interruption of the Services. Service Provider may revise, modify or discontinue any or all aspects of the Services, including but not limited to prices, any applicable tariffs, and any terms of this Agreement. Client’s continued use of service shall constitute Client’s acceptance of the modification of this Agreement. Notice to you of any revisions or modifications will consist of updating the terms on the Service Provider web site, making adjustments to your bill or sending you an email. 2. PAYMENT TERMS. Service Provider will provide the Services to you subject to this Agreement, and you agree to pay for the Services when due by Visa, MasterCard or American Express or Automatic withdrawal from a bank account (ACH). Your first month’s Service fee and Installation are due upon completion of installation. If you fail to pay all valid charges for the Services and all other fees when due, Service Provider may charge you interest on those charges. If you fail to pay any amounts owing to Service Provider within 30 days, Service Provider will have the absolute right to disconnect the Services without notice. Upon disconnect, you agree to immediately pay all amounts owing to Service Provider. Service Provider has the right to charge you full retail price of the Equipment and a $50 recovery fee for: 1) any damage to the Equipment resulting from your abuse or negligence as determined solely by Service Provider; or 2) your unwillingness to allow us to recover the equipment upon termination. 3. TERM AND TERMINATION; TERMINATION FEE. This Agreement will have a Month to Month term or a Twelve (12) month initial term (Initial Term) depending on the service you signed up for. At the end of the Initial Term, this Agreement will automatically renew for successive one-month periods unless you call the Service Provider regarding the intent to terminate the agreement and also advise the Service Provider in writing. All outstanding balances must be paid in full. If you terminate this Agreement before the end of the Initial Term, you agree to pay Service Provider a termination fee of $149 as well as any outstanding balance on the account. After calling the Service Provider regarding the intent to terminate the agreement, the Client must also advise the Service Provider in writing. Service Provider has the right to recover all Equipment provided by Service Provider, but is under no obligation to do so. You will cooperate fully with Service Provider to allow them to recover any and all Equipment related to the Services during regular business hours. If you move out of the Premises prior to the conclusion of the initial Term, Service Provider may terminate this Agreement, disconnect the Services, and recover all Equipment related to the Services and you will be liable for the Termination Fee. You have fourteen (14) days from the date the Services are installed to cancel without penalty. Any cancellation or termination after installation and before the completion of the initial Term will be subject to the Termination Fee listed in section 3 (c). Upon occurrence of a breach by Client of any provision hereunder, Service Provider reserves the right, in addition to any other remedies which may be available to it, to terminate this Agreement and the services to Client hereunder. Client agrees to pay all costs incurred by Service Provider in enforcing the terms of this Agreement, including, but not limited to collection agency fees, not to exceed 50% of any past due balances, and reasonable attorney fees. In the event of any litigation arising out of this Agreement, the other party shall indemnify the prevailing party for all costs incurred in such litigation, including, but not limited to, reasonable attorney fees. 4. LIMITED WARRANTY, SERVICE AND REPAIRS. Service Provider will replace faulty Equipment originally provided and owned by Service Provider during the initial Term. This warranty excludes any damage to Equipment resulting from abuse or negligence on your part as determined solely by Service Provider. 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. If Service Provider damages the Premises during the Services installation or maintenance, Service Provider will compensate the owner of the Premises for reasonable, actual and documented costs of necessary repair, not to exceed $500. Service Provider may hire subcontractors and independent contractors to perform some aspects of installation and repairs of the broadband system. Service Provider is not liable for any death, injury or damages which may or does result from the work performed by these subcontractors and independent contractors. 5. INTERNET ACCESS. You hereby agree to abide by Service Provider’s Acceptable Use Policy. The Policy is set forth in full on Utah Broadband’s website at www.utahbroadband.com. You access the materials on the Internet at your own risk. Service Provider may deny you access to all or part of the Services without notice if you breach this Agreement, including, but not limited to, Service Provider’s Acceptable Use Policy. You agree to comply with any bandwidth usage (transfer rates) or other limitations set by Service Provider in its sole discretion. You will be billed according to the schedule in Section 7(a) for exceeding any of the limitations set on your service. Service Provider’s network gathers information about Internet usage including but not limited to the number of bytes passed. Service Provider uses this information in the aggregate. Service Provider may share this aggregated information with other parties from time to time. Service Provider collects and uses personally identifiable information obtained from you and from other sources for billing purposes, to provide and change service, to anticipate and resolve problems with your service, or to identify, create and inform you of products and services that better meet your needs. Service Provider will not use or disclose any personally identifiable information regarding Internet usage unless compelled by a court order or subpoena, you consent to the use or disclosure, or to protect Service Provider’s broadband services and facilities. Service Provider does not warrant in any way that speeds are dedicated or guaranteed. Speeds can vary based on many factors at any time and Service Provider is not liable and will not issue refunds for any difference between actual speeds and listed speeds. 6. LIMITATION OF LIABILITY. NEITHER SERVICE PROVIDER NOR ITS SUBCONTRACTORS WILL BE LIABLE FOR ANY LOSS OF DATA OR DAMAGE TO HARDWARE THAT OCCURS DURING INSTALLATION OF OR ANY SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF SERVICE PROVIDER’S BROADBAND SERVICE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLETELY BACKUP YOUR COMPUTER PRIOR TO INSTALLATION. YOU FURTHER AGREE THAT SERVICE PROVIDER AND/OR ITS SUBCONTRACTORS ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH YOUR COMPUTER FOLLOWING THE INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF SERVICE PROVIDER’S SERVICE. YOUR EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES RESULTING FROM THE INSTALLATION OF EQUIPMENT AND YOUR USE OF THE SERVICES, INCLUDING SERVICE PROVIDER’S OR ITS SUBCONTRACTOR’S NEGLIGENCE, WILL BE LIMITED TO FEES PAID TO SERVICE PROVIDER UP TO THE TIME THE DAMAGE IS DISCOVERED. 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, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SERVICE PROVIDER 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. YOU ARE RESPONSIBLE FOR ALL SECURITY FOR YOUR COMPUTERS, FILES, PROGRAMS, TRANSMISSIONS, ETC. SERVICE PROVIDER, ITS AFFILIATES AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY SECURITY BREACHES ON YOUR SYSTEMS. SERVICE PROVIDER, 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 YOUR USE OF OR INABILITY TO USE THE SERVICES OR TO ACCESS THE INTERNET OR ANY PART THEREOF, ORYOUR RELIANCE ON OR USE OF OFFERS, CLAIMS, REPRESENTATIONS, PROMOTIONS AND TRANSACTIONS, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE INTERNET OR THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE. You agree to indemnify, defend and hold Service Provider, its affiliates and subcontractors harmless from any claims made by third parties arising out of the use of the Equipment and/or the Services by you or any authorized user of your account, including the placement or transmission of any message, information, software or other materials on the Internet. These limitations on liability and indemnification provisions inure to the benefit of and apply to: (1) any successor to Service Provider’s business by way of merger, purchase of assets, or operation of law; and (2) any subcontractor performing work on behalf of Service Provider. 7. SERVICE FEES AND DESCRIPTION. Service includes monthly data transfer limits of 1 TB. If you exceed the transfer limits your bandwidth could be limited to a lower transfer rate until this is corrected or you may be charged $5 per 100 MB over your limit. If Service Provider feels your transfer limits are detrimental to the quality of service provided to other customers and you are unwilling to make the necessary changes to bring your usage to the contracted level and/or are unwilling to pay the required fee, Service Provider reserves the right to shut off your service. Fiber services are not subject to this limit.
