ISP Terms of Service

Advanced Stream

Contract Terms: Advanced Stream provides services on a Month-to-Month basis. (No long term contract.)

Acceptable Use and Privacy Policy: Please click here to see Advanced Stream’s detailed Terms and Conditions.

Data Cap: 10 TB

Router Information: Use your own router. Advanced Stream will help you select the best option.

Beehive Broadband

Contract Terms: Beehive Broadband contract terms for UTOPIA Fiber customers are on a month-to-month basis.

Terms & Conditions: Please click here to see Beehive’s Terms and Conditions.

Privacy Policy: Please click here to see Beehive’s Privacy Policy.

Services Summary: Beehive Broadband Services Summary

Data Cap: None

Static IP: Yes

Static IP Cost: Free

Router Information: Beehive High End Router with Managed Wi-Fi service is available and strongly recommended. Mesh Wi-Fi extenders are also available. $40 provisioning fee + $5 per month per device. Routers and Wi-Fi Extenders can be shipped directly to a customer’s home or picked up at our office. VOIP service will require the use of a Beehive Router but customer can decide if they would like to use Managed Wi-Fi service or use their own router. If a customer decides to use their own Router, Beehive will not be able to troubleshoot or support the device. Contact Beehive for questions and pricing by calling 435-837-6000.

brigham.net

Contract Terms: Contract term is month-to-month. 10gig service requires a 1 year contract. Customers who sign a 1 year contract for 250 Mbps or 1 Gbps service will receive a free month of service.  

Billing: Monthly services will be billed in advance at the beginning of each month. A brigham.net representative will contact you for your billing & payment information.

Terms and Conditions: brigham.net Terms

Privacy Policy: Brigham.net respects the privacy of its users and will not share or sell its customer information or browsing history in any form unless required by laws of Utah or the United States.

 

Data Cap: None

Static IP: Available for $6 per month

Router Information: Routers are available for rent or purchase by contacting brigham.net directly. Pricing varies depending on speed and number of connections needed.

 

CentraCom

Contract Terms:  CentraCom’s contract is on a month-to-month basis. Customer can sign a 1-year lease to get 1 month of free service by contacting CentraCom directly.

 

Data Cap: None

Static IP: Yes

Static IP Cost: $10 additional charge each month per IP Address.

ConnectFast

Contract Terms: ConnectFast’s contract is on a month-to-month basis. Full terms and conditions can be located here: www.connectfast.net/terms-of-use

Data Cap: None

Static IP: Yes

Static IP Cost: 30=$15 | 29=$20

Router Information: Does not provide routers.

ETS

By signing up for any ETS Telco Internet service (fiber or wireless), you agree to the following terms:

All provisions of the ETS Telco Service Agreement (hereafter ‘Agreement’) apply to the User’s Principal Account and Associate Accounts billed to the Principal Account.

The benefits of or rights conferred by this agreement are non-transferable. Use of ETS Telco accounts is expressly limited to the Individual or business whose name appears on the account.

User agrees to use the services in a manner consistent with all applicable laws.

User agrees to follow the Acceptable Use Policy of any network the user connects to, including ETS Telco’s system.

If User is less that 18 years of age, Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of User’s account(s).

ETS Telco equipment is and shall remain the property of ETS Telco regardless of where installed within the Service Location(s) and shall not be considered a fixture or an addition to the land or the Service Location(s). At any time ETS Telco may remove or change ETS Telco equipment in its sole discretion in connection with providing the Services. Customer shall not move, rearrange, disconnect, remove, attempt to repair, or otherwise tamper with any ETS Telco equipment or permit others to do so, and shall not use the ETS Telco equipment for any purpose other than that authorized by the Agreement. Customer is responsible for damage to, or loss of, ETS Telco equipment caused by its acts or omissions. At the end of the service term or upon the breach hereof, ETS Telco retains the right to remove the ETS Telco equipment including, but not limited to, that portion of the ETS Telco equipment located within the Service Location(s).

Customer alone shall be responsible for providing, installing, maintaining, repair, operation and replacement of all wiring and equipment and facilities on the Customer’s side of the cable modem, route and/or coaxial input connection. All Customer-Provided Equipment and wiring that Customer uses in connection with the Services must be fully compatible with the Services.

User is responsible for all use of User’s account(s) and confidentiality of password(s). ETS Telco will suspend access or change access to User’s account(s) immediately upon notification by User that his/her password has been lost, stolen or otherwise compromised.

User agrees to pay ETS Telco all charges relating to the use of User’s account(s) according to rates and prices published at the time the service is used. Rates and prices are incorporated into this agreement by reference. User is also responsible for monthly storage charges as described and agreed upon. All fees are non-refundable.

A credit limit is applied to all accounts. User’s access to service may be suspended if User exceeds his/her credit limit unless prior arrangements have been made.

User is responsible to make payments for basic monthly charges for service in advance of receiving service in accordance with ETS Telco’s standard billing procedures. All payments are non-refundable.

All disputes must be made within 60 days of billing statement. Disputes and refunds are handled on a case-by-case basis. For questions, concerns please contact an ETS Telco billing team member at 1-800-758-7300

ETS Telco reserves the right to change prices on 30 days’ notice published On-line.

ETS Telco participates in the FCC’s Affordable Connectivity Program, which enables us to offer our users access to affordable and reliable connectivity at the discounted rate. However, in the event that the FCC discontinues funding to the program, ETS Telco will resume charging users their selected plan’s full rate.

User agrees to pay all attorneys’ fees, court costs, filing fees including charges or commissions that may be assessed to us by any collection agency retained to pursue this matter, which may be as much as 50% of the principal balance owing. User further agrees to pay interest at the rate of 1.5% per month (18% per year). MINIMUM MONTHLY FINANCE CHARGE: $2.

ETS Telco reserves the right to suspend access to service for User’s account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.

Charges that may be imposed by ETS Telco if, prior to the end of the applicable Service Term (a) ETS Telco terminates Services for cause or (b) Customer terminates any Service without cause.

THE ETS TELCO SERVICE IS PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS. NO WARRANTEES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO ETS TELCO OR ANY INFORMATION OR SOFTWARE THEREIN THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY ETS TELCO OR ITS PROVIDERS.

Neither ETS Telco nor its information Providers are responsible for any damages arising from User’s use of ETS Telco or by User’s inability to use ETS Telco’s service.

ETS Telco reserves the right to change without notice the ETS Telco service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.

ETS Telco is not responsible for User’s personal files residing on ETS Telco. User is responsible for independent backup of his/her data stored on ETS Telco.

ETS Telco reserves the right to delete User’s personal files after one or both parties terminate agreement.

ETS Telco reserves the right in its sole discretion to delete any information entered into ETS Telco by User.

ETS Telco and its authorized representatives shall have the right but shall not be obligated to edit publicly viewable information.

ETS Telco reserves the right to add a late fee to all invoices that are 15 days past their due date.

ETS Telco reserves the right to adjust fiber installation costs dependent upon the location/funding source of the fiber build project.

USER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON ETS TELCO THROUGH USER’S ACCOUNT(S) DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS.

ETS Telco, at its sole business judgment, may terminate this membership Agreement immediately or suspend User’s access to the service upon any breach of this On-line Services Contract by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of ETS Telco that User may be performing activities harmful to ETS Telco or its Users, employees, vendors, business relationships, or any other users of the Internet.

Due to the public nature of the Internet, all e-mail is considered publicly accessible and important information transferred through the Internet.

This Agreement shall be governed by the laws of the State of Idaho.

ETS Telco may modify these terms and conditions upon notice published On-line via ETS Telco. User’s use of ETS Telco services after such notice shall constitute User’s acceptance of the modifications to this Agreement.

Non-enforcement of any section of this Agreement does not constitute consent and ETS Telco reserves the right to enforce this Agreement at its sole discretion.

If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User’s and ETS Telco‘s agreement on all other paragraphs shall remain valid. User acknowledges that ETS Telco accounts allow full access to the Internet which may include some information which contains language, images, or subjects that are for adult audiences or that may be deemed offensive by User. ETS Telco will not take any steps to censor any of this material. Should User find any of this material offensive or inappropriate, User’s sole remedy is to cancel User’s account.

ETS Telco does not permit the use of any software, program, tool, process, or mechanism that is or could be used for the purpose of guessing or identifying passwords or that makes unauthorized attempts to access other systems or networks. ETS Telco will assist local, state, or Federal authorities in their prosecution of anyone making illegal use of ETS Telco’s services.

User agrees that User’s password is confidential and agrees to not disclose User’s password to any other person or entity and to take reasonable steps to keep passwords confidential.

I acknowledge that ETS Telco is not liable or responsible for pre-existing cable or pre-existing mounting hardware. Pre-existing cable and hardware (not installed by ETS Telco) is subject, but not limited to:

Cable ran through the attic by either the customer or a third party.

Existing cable running from the exterior communications panel into the home/building.

Existing cable running from the interior communications panel to any location inside the home/building.

Any existing cable used for internet installation from a previous Internet Service Provider.

Any existing mount used for internet installation from a previous Internet Service Provider, Over the Air television antenna or Satellite TV Provider.

Cable buried under the ground.

Cable ran through a conduit or any pipeline.

Any existing cable running from the exterior of the home/building into any location inside the home/building.

Any existing cable running from the interior of the home/building into any location inside the home/building.

Any splices in the cable. (Couplers, punch down blocks, clamshell, twist pair, etc.)

In the event of a failure of the pre-existing cable or mounting hardware, as outlined above, I agree to pay ETS Telco $90/hr. for the repair or replacement of the cable and/or mounting hardware.

Fastel
Terms and Conditions

“This Agreement is part of and shall be incorporated into the Acceptable Use Policy. In utilizing FASTEL service, Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy and this Agreement. FASTEL reserves the right to update this Agreement as necessary. In the event of an inconsistency or conflict between the Acceptable Use Policy and this Agreement, the provisions of this Agreement shall govern.

Governing Law and Venue: The laws of the State of Utah shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Salt Lake County, Utah.

Entire Agreement: This Agreement constitutes the entire Agreement between the parties and no other representations or statement will be binding upon the parties. If any part of the Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.

Payment Policies and Terms: Billing is completed once per month; full payment is due upon receipt. A 1.5% late fee will be assessed on all accounts unpaid after 30 days. Accounts remaining unpaid for 30 or more days shall be deemed delinquent. Delinquent accounts are subject to suspension of services until the account is paid in full. Any subscriber’s account that is placed on hold for non-payment is subject to a $25.00 reconnect fee. In the event any balance is not paid as agreed, the Subscriber agrees to pay a collections fee equal to 40% of the unpaid balance. In the event of a lawsuit to collect the unpaid balance, the Subscriber further agrees to pay court costs and reasonable attorney’s fees. A $20.00 fee will be added to the Subscriber account in the event of any bank returned check. In the event that more than one check is returned, FASTEL will only accept cash, credit card or certified funds for payment on the account.

Be advised that due to privacy laws, FASTEL will only give account information to the registered account holder. Customer is responsible for adding any additional authorized users to the account.

Equipment and Scope of Work: All radios, modems, set-top boxes, optical network terminals, switches, and related mounting equipment installed by FASTEL and not explicitly sold to the customer remain the property of FASTEL. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof, together with any costs incurred by FASTEL in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes FASTEL to retrieve from Subscriber’s premises any equipment that is owned by FASTEL if applicable. Customer is responsible for providing their own router to provide connectivity throughout the home.

Prior to underground construction for cable or fiber-to-the-home, Customer is responsible for locating and marking privately-owned utility lines, such as water, electrical, sprinkler, and communications lines not already marked by utility providers. FASTEL is not responsible for damage caused by the Customer to utility lines, and FASTEL is not responsible for damage it may cause to unmarked facilities, such as sprinkler lines or private utility connections to outbuildings. Customer agrees to contact their local cable-locating organization (such as Blue Stakes in Utah) by dialing 8-1-1 prior to digging in or around any utility lines on their property. Customer will be responsible for damage to FASTEL facilities caused by negligence on the part of the Customer.

Additional Fees: In the event that special construction or additional equipment is required, including but not limited to: longer cable, additional grounding, antenna mast hardware, or other specialized gear, an additional fee will be required for said equipment and any additional labor not included in the standard install. Additional labor is billed at $95.00/hr. FASTEL will not perform foundation entrance due to the liability risk. If foundation entrance is required, the customer must complete the necessary foundation drilling prior to the date of scheduled install, or, at the request of the customer, FASTEL will complete the foundation entrance with the completion of a Release of Liability waiver. A minimum of an additional $100.00 fee will be assessed to the account for this work.

Standard Maintenance: Any trouble beyond FASTEL’s network or equipment is the full responsibility of the Subscriber and/or their Network Administrator or vendor. Standard maintenance is limited solely to FASTEL’s network and backbone connectivity. If Customer’s individual connection ceases to function properly (i.e. not as a result of a localized or system-wide outage), a technician will be sent to troubleshoot during normal business hours (9 a.m. – 4:30 p.m., Monday – Friday.) If the problem is due to Subscriber negligence, or any of those items listed in the “Not Covered by Standard Maintenance” section, standard hourly rates apply with a one hour minimum.

Not Covered by Standard Maintenance: Maintenance, repair or replacement of parts damaged or lost through catastrophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber, or causes external to the system, such as, but not limited to: failure of, or faulty electrical power, operator error, or malfunction of Subscriber’s computer and/or peripheral equipment not installed by FASTEL, or from any cause related to or other than the intended and ordinary use.

Acceptable Use Policy: Standard FASTEL services are designated “single-user,” which means they are designed for single-family residence or a single organization’s office use only. Allowing other households, businesses, or other organizations to use a single-user connection, for free or for a fee, will result in immediate disconnection. Using a residential account for high-volume or commercial use is prohibited. Businesses may set up a “public” WiFi hotspot for their customers with written permission from FASTEL. Enterprise and wholesale offerings exist for customers with commercial or resale needs.

Abuse of Services: Any use of the system that disrupts the normal use of the system for other Subscribers is considered to be abuse of services. The propagation of computer worms or viruses or the use of the network to make unauthorized entry to the computational, information, or communication devices or resources of others is a violation of this Agreement. The use of FASTEL’s services by Subscribers to modify, alter, reverse engineer, decompile, or disassemble any proprietary work in whatever form is a violation of this Agreement. Any Subscriber deemed by FASTEL to be in violation of this section is subject to immediate termination by FASTEL. Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages.

Monitoring: FASTEL has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if FASTEL, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its interests.”

Data Cap: None

Static IP: No

Router Information: Does not provide routers

Fibernet

Contract Terms: Fibernet’s contract is for a period of 1 year.

Billing:  CUSTOMER shall pay all fees according to the period and pricing model specified above. For example, if the fees are quoted as Monthly Fees or per month then the BILLING PERIOD shall be considered monthly, if the fees are quoted as Annual Fees or per year then the BILLING PERIOD shall be considered annual, and so forth.

Terms and Conditions:  This document defines a SERVICES AGREEMENT or contract between FIBERNET CORP., a Utah C Corporation, a wholly owned subsidary of Fibernet Corporation, at 1155 S. 800 E., Orem, UT 84097, USA, 800-305-6995 (hereinafter referred to as “Fibernet”), and the entity using or purchasing services provided by Fibernet, herein after referred to as CUSTOMER for the indicated services and is subject to the following Terms and Conditions.

SERVICES. Fibernet shall provide CUSTOMER with the services indicated on this Services Agreement in consideration for CUSTOMER’s “PAYMENT OF FEES.”

SERVICE FEES, INSTALLATION FEES and SET-UP FEES. SERVICE FEES, INSTALLATION and SET-UP FEES are paid in consideration for the CUSTOMER’s use of Fibernet’s Services indicated and do not include any unspecified services.

EFFECTIVE DATE. The EFFECTIVE DATE of this Services Agreement shall be deemed the latter of the following: (a) the date Fibernet substantially completes the set-up, activation, or creation of the CUSTOMER’s service, or (b) the date the service is ordered.  The date the CUSTOMER first utilizes the service, the date the CUSTOMER signs this Services Agreement, or whether or not the CUSTOMER ever uses the service shall have no bearing or effect on the EFFECTIVE DATE.

TERM. The TERM of the AGREEMENT is defined above plus any partial calendar month and commences as of the EFFECTIVE DATE. If no TERM is specified, then the contract will be considered to have a month-to-month TERM plus any partial calendar month. If no NOTICE of cancellation is given, upon the fulfillment of a TERM, the Agreement will automatically renew with either a month-to-month TERM if the SERVICE FEES are paid monthly, a three month TERM if the SERVICE FEES are paid quarterly, a six month TERM if the SERVICE FEES are paid semi-annually, or a twelve month TERM if the SERVICE FEES are paid annually.

BILLING PERIOD. CUSTOMER shall pay all fees according to the period and pricing model specified above. For example, if the fees are quoted as Monthly Fees or per month then the BILLING PERIOD shall be considered monthly, if the fees are quoted as Annual Fees or per year then the BILLING PERIOD shall be considered annual, and so forth.

PAYMENT OF FEES. CUSTOMER agrees to pay all INSTALLATION and SET-UP FEES to Fibernet. CUSTOMER shall pay all SERVICE FEES to Fibernet in advance of the BILLING PERIOD on or before the first day of each BILLING PERIOD, before the close of business, during the TERM. All payments received after the first are subject to finance charges and administration fees and accounts may be, at Fibernet’s sole discretion, inactivated until payment is received. CUSTOMER authorizes Fibernet to receive payments via the indicated monthly payment mode including without limitation the charging of the CUSTOMER’s credit card or other electronic means.

CHANGE / INTERRUPTION / SUSPENSION / TERMINATION OF SERVICES. You are liable for all unpaid amounts due on your account, even if your Services are terminated or cancelled partway through a billing cycle. Fibernet may charge you interest on unpaid balances at the rate of 1.5% per month or the maximum rate allowed by law. Fibernet may use a third-party service to collect unpaid amounts and may charge you attorneys, collection, or other reasonable fees incurred to collect unpaid balances. (a) Following the completion of the TERM, CUSTOMER may terminate this Service Agreement without penalty, upon providing Fibernet with a 30-day written NOTICE of termination.  (b)  Fibernet may interrupt, suspend, or terminate CUSTOMER’s Services if CUSTOMER breaches any term or condition of this Services Agreement.  Fibernet will provide at least 5-day NOTICE of its intent to interrupt, suspend, or terminate CUSTOMER’s Services unless by cause of force-majore or Fibernet believes, at Fibernet’s sole discretion, such action must be taken sooner to prevent damage to Fibernet, its other customers, or affiliates.

COROLLARY SERVICES. Unless specifically written-in hereunder as a “SPECIAL TERMS/CONDITIONS/NOTES,” corollary services such as technical support services, training services, and marketing services are not included in this Services Agreement. These corollary services may be provided by Fibernet to its CUSTOMER under contracts and for fees separate from this Services Agreement.

LISTS / UNSOLICITED ELECTRONIC MAIL. Use of email lists for unsolicited electronic mail or other mass electronic mailings is strictly prohibited. Fibernet reserves the right to deactivate the CUSTOMER’s account(s) upon an indication of such activity. CUSTOMER hereby agrees to indemnify and hold harmless Fibernet from any claim resulting from the CUSTOMER’s or another party’s use of electronic mail service(s) on the CUSTOMER’s account(s).

INTERNET PRIVACY & CONFIDENTIALITY. CUSTOMER agrees to take whatever electronic or physical security measures necessary in order to preserve the sensitivity or confidentiality of information submitted via the Internet, stored within Fibernet facilities or accessible to services provided by Fibernet .

ILLEGAL / UNETHICAL / PORNOGRAPHIC USE. CUSTOMER shall use Fibernet ‘s Internet Services and the Internet in a manner wholly consistent with all applicable governing laws, rules, and regulations. CUSTOMER hereby agrees that the CUSTOMER’s use of Fibernet ‘s Internet Services will not promote, send, view, or store: pornography; obscenity; nudity; violations of privacy, copyrights, trademarks, and property; computer viruses; or anything harassing and harmful. Fibernet reserves the right to deactivate or delete without notice any Internet Services in violation of this paragraph. CUSTOMER hereby agrees to indemnify and hold harmless Fibernet from any liability resulting from the CUSTOMER’s use or abuse of Fibernet ‘s Internet Services.

FIREWALL, SECURITY, FILTERING. CUSTOMER acknowledges that, unless specified, Fibernet does not include, provide, maintain or otherwise deliver any security device or service with this product or service including, but not limited to: Firewalls, Security Appliances, Intrusion Detection Device, Intrusion Prevention Devices, and any Network Filtering Device.

BACKUPS. CUSTOMER acknowledges that , unless specified, Fibernet does not include, provide, maintain, or otherwise deliver any backup of CUSTOMER data stored on Fibernet products and services.  CUSTOMER is solely responsible for backing up, copying or otherwise storing any data CUSTOMER deems of value.

DISPUTE RESOLUTION. In the event it becomes necessary, to pursue collections, to refer any dispute to an attorney, or to resolve a dispute in a court of law, the prevailing party will be entitled to an award of any and all collections fees, reasonable attorney’s fees and costs associated with any action regardless of whether or not a suit shall actually be filed. Customer agrees to pursue legal action only in Utah County, Utah, USA.

NOTICES. All notices to Fibernet must be given in writing.  Please refer to the Fibernet website (http://www.fiber.net) for additional information regarding billing and support issues. Notices regarding this SERVICES AGREEMENT should be directed to:

FIBERNET CORP., a Utah C Corporation

1155 S. 800 E.Orem, UT 84097  USA

FAX 801-223-9937

SPECIAL TERMS AND CONDITIONS. In addition to the terms and conditions already stated in this Services Agreement Fibernet and CUSTOMER incorporate herein the following special term(s) and/or condition(s): see attached ‘Special Terms and Conditions.’

RESIDENTIAL UTOPIA SERVICE.   The SERVICE is delivered over the UTOPIA network and subject to the following special terms and conditions.  Upon expiration of the TERM or if the TERM is considered month-to-month, SERVICE FEEs are subject to change, without notice.  Installation and Set-up charges are dependent upon the cost of set-up and installation by both UTOPIA and Fibernet. UTOPIA’s installation charges are estimated at the time of AGREEMENT execution and are subject to change. CUSTOMER may approve said change or terminate this AGREEMENT immediately upon the notice (including verbal notice) of change to said charges.  Additional charges not estimated at the time of this AGREEMENT may apply for inside wiring, missed appointments, bandwidth overage fees, and other issues.  Service includes a specifed quantity of gigabytes (GB) of data transfer per month as measured by Fibernet systems.   Additional GB of data transfer shall be assessed an overage fee of $20.00 per additional 100 GB per month. If CUSTOMER exceeds the specified quantity of GB of data transfer in two consecutive months, Fibernet reserves the right to assess estimated overage fees in advance.  Fibernet will refund or adjust estimated overage fees as needed.  CUSTOMER agrees to pay for all additional charges when due.

TOTAL BYTES TRANSFERRED. Fibernet measures the total number of data Bytes (B) transferred per month. The upload and download data are measured simultaneously and are added together for a cumulative total of Bytes (B) transferred. If CUSTOMER’s monthly Bytes transferred exceeds the level for which CUSTOMER has agreed to, CUSTOMER authorizes Fibernet to bill and CUSTOMER agrees to pay according to the terms of this AGREEMENT.

ATTACHMENTS, AMMENDMENTS, and ACCEPTABLE USE POLICY (AUP). Fibernet and CUSTOMER are bound to attachments to this Internet Services Agreement. CUSTOMER acknowledges that Fibernet policies may change from time to time and CUSTOMER hereby agrees to abide by these changes and be liable for such changes as reported at https://www.fiber.net/support/acceptable-use-policy/ or in Fibernet’s AUP. The CUSTOMER’s continued use of Fibernet’s services after such changes shall constitute CUSTOMER’s acceptance of the modification to this Services Agreement.

THE INDIVIDUAL SIGNING THIS SERVICES AGREEMENT, ACKNOWLEDGES THAT HE/SHE IS AT LEAST EIGHTEEN YEARS OLD, HAS READ ALL PAGES OF AND ATTACHMENTS TO THIS AGREEMENT, UNDERSTANDS IT, AND, EITHER A) AGREES TO BE PERSONALLY BOUND BY ALL ITS TERMS AND CONDITIONS AS AN INDIVIDUAL OR B) AFFIRMS THAT HE/SHE HAS FULL POWER AND AUTHORITY TO REPRESENT AND OBLIGATE THE CUSTOMER IF IT IS A BUSINESS ENTITY. THE INDIVIDUAL OR SIGNOR FURTHER AGREES THAT THIS SERVICES AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE CUSTOMER AND Fibernet WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT AND ALL OTHER COMMUNICATIONS BETWEEN THE CUSTOMER AND Fibernet, ORAL OR WRITTEN, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

 

Data Cap: 2TB

Overage Costs: $0.20 per GB over

Static IP: Yes

Static IP Cost: Free

Router Information: Does not provide routers.

Fusion

TERMS OF SERVICE
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OVERVIEW
This website is operated by Fusion Networks, LLC. Throughout the site, the terms “we”, “us” and
“our” refer to Fusion Networks, LLC. Fusion Networks, LLC offers this website, including all
information, tools and services available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to
be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those
additional terms and conditions and policies referenced herein and/or available by hyperlink. These
Terms of Service apply to all users of the site, including without limitation users who are browsers,
vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing
or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to
all the terms and conditions of this agreement, then you may not access the website or use any
services. If these Terms of Service are considered an offer, acceptance is expressly limited to these
Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of
Service. You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting
updates and/or changes to our website. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
SECTION 1 – ONLINE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your
state or province of residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor dependents to use this
site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices. Credit card information is always
encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of
the Service, or access to the Service or any contact on the website through which the service is
provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or
current. The material on this site is provided for general information only and should not be relied
upon or used as the sole basis for making decisions without consulting primary, more accurate,
more complete or more timely sources of information. Any reliance on the material on this site is at
your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current
and is provided for your reference only. We reserve the right to modify the contents of this site at any
time, but we have no obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof)
without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These
products or services may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our
products that appear at the store. We cannot guarantee that your computer monitor’s display of any
color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at any time without notice, at the sole discretion of
us. We reserve the right to discontinue any product at any time. Any offer for any product or service
made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will be
corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household or per order. These restrictions may include
orders placed by or under the same customer account, the same credit card, and/or orders that use
the same billing and/or shipping address. In the event that we make a change to or cancel an order,
we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided
at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all
purchases made at our store. You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any
control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without
any warranties, representations or conditions of any kind and without any endorsement. We shall
have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion
and you should ensure that you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the
release of new tools and resources). Such new features and/or services shall also be subject to
these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-
parties. Third-party links on this site may direct you to third-party websites that are not affiliated with
us. We are not responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party materials or websites, or for
any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-
party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a
request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether
online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at
any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any
medium any comments that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond
to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole
discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way affect the operation of the Service or any
related website. You may not use a false e-mail address, pretend to be someone other than yourself,
or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible
for any comments you make and their accuracy. We take no responsibility and assume no liability for
any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To
view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders if any information in
the Service or on any related website is inaccurate at any time without prior notice (including after
you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as required by law. No specified
update or refresh date applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using
the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws,
or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate,
or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the Internet; (h) to collect or
track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of
the Service or any related website, other websites, or the Internet. We reserve the right to terminate
your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely,
secure or error-free. We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable. You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service
and all products and services delivered to you through the service are (except as expressly stated by
us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-
infringement.
In no case shall LEGAL NAME OF BIZ, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or
any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the service, or for any
other claim related in any way to your use of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the
use of the service or any content (or product) posted, transmitted, or otherwise made available via
the service, even if advised of their possibility. Because some states or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless LEGAL NAME OF BIZ and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these
Terms of Service or the documents they incorporate by reference, or your violation of any law or the
rights of a third-party.
SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of any other remaining
provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – REFUND POLICY
Return & Refund Policy
Thanks for shopping with Fusion Networks. If you are not entirely satisfied with your purchase,
we’re here to help.
Returns – You have 30 calendar days to return an item from the date you received it. To be eligible
for a return, your item must be unused and in the same condition that you received it. Your item
must be in the original packaging. Your item needs to have the receipt or proof of purchase.
Refunds – Once we receive your item, we will inspect it and notify you that we have received your
returned item. We will immediately notify you on the status of your refund after inspecting the item. If
your return is approved, we will initiate a refund to your credit card (or original method of payment).
You will receive the credit within 30 days, depending on your card issuer’s policies.
Shipping – You will be responsible for paying for your own shipping costs for returning your item.
Shipping costs are nonrefundable. If you receive a refund, the cost of return shipping will be
deducted from your refund.
Contact Us If you have any questions on how to return your item to us, contact us @ 801.369.2922 or support@fusionnetworks.me
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to
The Service constitutes the entire agreement and understanding between you and us and govern
your use of the Service, superseding any prior or contemporaneous agreements, communications
and proposals, whether oral or written, between you and us (including, but not limited to, any prior
versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the
drafting party.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of Salem, UT,
United States.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of
Service by posting updates and changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website or the Service following the
posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@fusionnetworks.me

Infowest

Contract Terms: This contract term is Month to Month.

Billing: Monthly services will be billed in advance at the beginning of each month. An InfoWest representative will contact you for your billing & payment information.

Terms and Conditions: http://infowest.com/about-us/terms-and-conditions/

 

Data Cap: 10 TB

Overage Costs: None

Static IP: Yes

Static IP Cost: $5 additional charge each month

Router Information: Routers are available for lease by contacting Infowest directly at an additional $10/month. Routers must be returned to the provider upon cancellation of services.

Intellipop

This user agreement (“Agreement”) is a legally binding agreement between you, an individual and Intellipop, LLC. This agreement sets forth the terms and conditions for the use by you and Intellipop Fiber Optic Internet Services (The “Service”). Intellipop Licenses the service to you upon the express condition that you accept all of the terms and conditions detailed in this agreement and explained further on our website, www.intellipop.co/fibertos. By activating your service with Intellipop you accept the terms and conditions and each time you access the service you affirmatively state that you accept the terms and conditions of Intellipop Fiber Optic Internet Services.

1. Privacy. Intellipop will not disclose or sell your personal information to any third party unless otherwise stated by the laws of Utah and or the United States. You shall not permit or allow other persons to have access to or to use Your Account Information other than you or agents who have been notified of the restrictions set forth in this Agreement, absent Intellipop’s prior express written consent. You agree to maintain the confidentiality of all of Your Account Information and agree to be primarily responsible for all activity pursuant to Your Account. Although Intellipop has taken significant measures to ensure the security of information submitted by You in using the Service, Intellipop cannot guarantee the security of information collected during Your use of the Service and shall not be liable in any way for compromise of Your data.

2. Payment and Billing. You are responsible for paying all fees and charges (plus applicable taxes) associated with your use of the Service as such fees become due. Unless otherwise stated in writing from Intellipop, You agree to be billed monthly for all recurring and one-time charges, including but not limited to late and termination charges, for any services ordered by You and any fees owed to Intellipop. You can make payments online via your account portal at https://portal.intellipop.co or by calling us at 801-851-1770 via check, credit or debit card. Intellipop does not offer pro-rated refunds and all sales are final.

3. Term. Intellipop is a month to month service and does not require a contract with Intellipop itself. You may cancel services with Intellipop at anytime with 30 day written notice. Intellipop may immediately terminate this Agreement and Your Account upon (a) Your breach of any provision of this Agreement , (b) any action by you that Intellipop determines, in its sole judgment, to interfere with the operation or use of the Service.

4. Indemnification. You agree to indemnify and hold harmless each and every Contributor, and their respective affiliates, officers, directors, employees, consultants, agents, licensees and licensors from any claim, demand, or damages, including reasonable attorneys’ fees, asserted by any third party due to, arising out of, or in any way related to, the use of the Service under Your Account.

5. Intellipop Limited Liability. Intellipop expressly limits its damages for any non-accessibility time or other downtime to the service. You acknowledge that the operation and availability of the communications systems, including, without limitation, telephone service, computer networks and the Internet, used for accessing and interacting with the Service can be unpredictable and may, from time to time, interfere with or prevent access to or operation of the Service. You acknowledge that Intellipop is not responsible for any such interference with or prevention of Your use of or access to the Service.

By accepting and activating your Intellipop Fiber Optic Services you agree to all terms and conditions laid forth, including those detailed at www.intellipop.co/fibertos

 

Data Cap: None

Static IP: Yes, limit of 1

Static IP Cost: $5/month

Router Information: Routers are available for lease by contacting Intellipop directly at an additional $12.95/month. Routers must be returned to the provider upon cancellation of services.

1 Gbps capable routers are also available for purchase for $159.95 by contacting Intellipop directly with setup and remote management included.

Miles Broadband

Contract Terms: This contract term is Month to Month.

Billing: Monthly services will be billed in advance at the beginning of each monthly billing cycle.

Your billing cycle date will be determined by your connect date.

Data Cap: No data caps.

Static IP: Yes

Static IP Cost: $5 additional charge each month per IP address

Overage Costs: No overage charges.

Router Information: Customers should provide their own Wi-Fi router.

Rise Broadband

Rise Broadband’s full Terms and Conditions can be found on their website here: https://www.risebroadband.com/legal/

Contract Terms: ​This contract term is Month to Month.

Billing:​ Monthly services will be billed in advance at the beginning of each monthly billing cycle.

Your billing cycle date will be determined by your connect date.

Data Cap​: No data caps.

Overage Costs​: No overage charges.

Autopay: $5 off per month on the 250 Mbps and 1 Gbps plan if enrolled in autopay.

Additional Support: ​RiseSupport (basic device care) is available for $9.99/mo. RiseProtect (device care plus malware removal) is available for $14.99/mo. RiseSecure (device care and malware protection, plus antivirus support) is available for $19.99/mo.

Router Information: ​Customers should provide their own Wi-Fi router.

VoIP Info: Self Installation. Rise Broadband will ship Telephone Adapter (TA) to customer directly.

Senawave

Terms and Conditions: Rates and charges as set forth on this agreement do not include applicable taxes, surcharges, and like charges for which the customer is responsible. 30-day Money Back Satisfaction Guarantee applies to services that are cancelled in writing within 30 days of activation date and if applicable require return of voice adaptor or any other purchased or leased hardware. By signing below customer acknowledges that they have reviewed the Internet Acceptable Use Policy “Internet Acceptable Use Policy” at http://www.senawave.com/internet_acceptable_use_policy.php, which is incorporated heron by reference and agrees to comply with the terms thereof, if applicable to the services obtained herein.

Billing: Monthly services will be billed in advance on the first of the month. First month’s bill may be prorated accordingly depending on activation date.

 

For Data Caps and Static IP info, contact Senawave directly at 801-217-9000

Router Information: 1 Gbps capable routers are available for lease by contacting Senawave directly at an additional $9/month. Routers must be returned to the provider upon cancellation of services.

Sumo Fiber

Contract Terms: This contract term for SumoFiber services is Month to Month. Additional fees may apply.

Billing: Any applicable installation fees and the customer’s first month of service charge will be processed immediately following the activation date. RATES AND CHARGES AS SET FORTH ON THIS AGREEMENT DO NOT INCLUDE APPLICABLE TAXES, SURCHARGES, AND LIKE CHARGE FOR WHICH CUSTOMER IS RESPONSIBLE. Early termination by customer will result in liquidated damages as set forth in the Terms and Conditions. By a signature above, customer acknowledges that it has reviewed the Internet Access and Use Policy, http://sumofiber.com/legal.html, which is incorporated herein by reference, and agrees to comply with the terms thereof, if applicable to the services obtained hereunder.

Terms and Conditions: All service(s) provided with Standard Support unless otherwise indicated. Definition of Standard Support can be found at http://sumofiber.com/legal.html. Service Level Agreements (SLAs) for all products are posted at http://sumofiber.com/legal.html.

 

Data Cap: None

Static IP: Yes

Static IP Cost: 1 IP for $5 or 5 IP’s for $15

Router Information: Router rental/purchase is available by contacting Sumo Fiber directly. More information can be found here.

Voonami

Contract Terms: Voonami’s data and phone plans are on are on a month-to-month basis.

Billing: Monthly services will be billed in advance on the date of service initiation and will be billed on that same date of each following month.

Terms and Conditions: http://www.voonami.com/aup

 

Data Cap: None

Static IP: Yes

Static IP Cost: Free

Router Information: Available for purchase and lease. Please contact Voonami Sales (sales@voonami.com) for more information.

WiFi Pros

This service agreement (the “Agreement”) is entered between _____________ (“Utah WiFi Pros”) and the person or entity named above (the “Customer” or “you/your”) (each individually a “Party” and collectively the “Parties”) and is effective as of the date of signature below (the “Effective Date”). The Parties agree to be bound as follows:
1. COMPENSATION AND PAYMENT. The total services fee as contained in the table above is payable monthly. the first monthly services fee is due once the system is installed and operational. You shall pay a security deposit of________ prior to installation. You authorize Utah WiFi Pros or its assignee(s) to: (a) make recurring, automatic charges to your credit card account (the “electronic payment”) in the amount identified above as your monthly services fee, plus any applicable taxes, and including all past due amounts, trip fees, service fees or amounts which may accumulate according to the terms above and the conditions of this Agreement, and (b) collect any revenues generated by the equipment or services installed or provided by Utah WiFi Pros. If you elect to receive an invoice (rather than making an electronic payment) or if we do not receive your electronic payment for any reason, Utah WiFi Pros will send you a paper or electronic invoice, and you understand and agree that an additional processing fee may apply to each invoice so rendered. If Customer’s account is three months in arrears, Customer will be liable for any collection, legal, or attorneys’ fees required to recover the debt and/or the equipment. Customer will be given an option to purchase the equipment at a price determined according to the age of the equipment.

2. TERM AND TERMINATION. The term of this agreement shall be from the Effective Date until the Agreement is terminated. Either party may terminate this agreement at any time upon at least thirty (30) days prior written notice to the other party. If terminated, this agreement ends on the last day of the thirty (30) day notice period. Utah WiFi Pros may, at its sole option, suspend service or terminate this agreement immediately upon non-payment by Customer.

3. WARRANTY. Utah WiFi Pros warrants to Customer that (i) all services will be performed in a professional and workmanlike manner and in accordance with the terms of this Agreement and (ii) during the ninety-day period following each installation, the equipment installed will conform to documentation for such equipment. OTHER THAN AS SET FORTH HEREIN, NEITHER UTAH WIFI PROS NOR ITS VENDORS, SUPPLIERS, OR LICENSORS, MAKE ANY OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE EQUIPMENT AND SERVICES OR ANY DELAY OR FAILURE OF THE INTERNET, IF APPLICABLE. UTAH WIFI PROS AND ITS VENDORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS, NOR SHALL THEY BE LIABLE FOR, ANY LOSS OF DATA, CYBERATTACKS OR CYBER SECURITY INCIDENTS, THE SECURITY OF CUSTOMER DATA, DAMAGE TO EQUIPMENT OR PROPERTY, THE ACCURACY, COMPLETENESS, TIMELINESS, CURRENCY OR LEGALITY OF ANY INFORMATION, DATA, MATERIALS, SOFTWARE OR OTHER PRODUCTS OR SERVICES RECEIVED, DISTRIBUTED, ACCESSED, VIEWED OR OTHERWISE PROVIDED HEREUNDER OR OVER THE INTERNET, OR ANY PUBLISHED INTERNET SPEEDS, AND COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4. LIMITATION OF LIABILITY. IN NO EVENT WILL UTAH WIFI PROS, ITS VENDORS, SUPPLIERS OR LICENSORS (INCLUDING OEMS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PROPERTY DAMAGES CAUSED BY FIRE OR LIGHTNING, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION) ARISING FROM THE USE OF THE EQUIPMENT AND SERVICES, ACCESS TO OR FAILURE TO ACCESS THE EQUIPMENT AND SERVICES OR THE INTERNET, IF APPLICABLE, OR OTHER INTERRUPTIONS, HOWEVER CAUSED, AND ON ANY OTHER THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF UTAH WIFI PROS, IT’S VENDORS, SUPPLIERS OR LICENSORS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL UTAH WIFI PROS’, ITS VENDORS’, SUPPLIERS’ OR LICENSORS’ LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE SUM OF FEES PAID BY CUSTOMER TO COMPANY FOR THE TWELVE MONTHS PREVIOUS TO THE EVENT GIVING RISE TO THE LIABILITY. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THEY HAVE ENTERED INTO THIS AGREEMENT, INCLUDING THE PRICES HEREIN, IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN THE PARTIES AND ARE INDEPENDENT OF ANY REMEDIES STATED HEREIN.

5. OWNERSHIP OF EQUIPMENT. Equipment rented by you from Utah WiFi Pros is the property of Utah WiFi Pros. If you are renting equipment you agree to all of the following: (i) to keep equipment in good working condition at the address listed above; (ii) to pay Utah WiFi Pros an amount equivalent to the full purchase price or the cost to repair, whichever is less, for any damaged equipment; (iii) to allow Utah WiFi Pros to recover all equipment rented by you from Utah WiFi Pros even after Service cancellation or termination; (iv) to pay the full purchase price of the equipment plus the cost to recover any equipment not returned to Utah WiFi Pros; and (v) to authorize Utah WiFi Pros to access your premises and remove equipment. If any rented equipment is not functioning according to its specifications, Utah WiFi Pros will replace the equipment as soon as possible upon receiving notice from Customer.

6. ELECTRONIC SIGNATURE. By signing below the parties agree to be bound by the terms and conditions set out in this Sales Order which are effective on the date of last signature (the “Effective Date”). The person signing this Sales Order has the authority to bind the Customer, and agrees that this Agreement may be electronically signed. The parties agree the electronic signatures appearing on this Agreement are the same as hand-written signatures for purposes of validity, enforceability and admissibility.

7. SYSTEM SECURITY. Utah WiFi Pros will not be liable for breaches of security caused by outside hacking, cyber attack, illegal activity by Customer, or any other breaches of security. Customer will also be liable for downloading malware or loss of its password. At the request of Customer, Utah WiFi Pros may, subject to availability, assist Customer in restoring the system to the extent possible. Customer will be charged Utah WiFi Pros’ normal fee for this service.

8. Miscellaneous. This agreement shall be governed by the laws of the state of Utah. At the discretion of Utah WiFi Pros, the Parties shall bring all disputes arising from or in connection with this agreement to arbitration under AAA rules in lieu of litigation. This Agreement shall not be modified except by amendment signed by both parties. WiFi Pros does not and shall not be obligated to assist with connecting printers to any service provided by WiFi Pros.

Data Cap: None

Static IP: Yes

Static IP Cost: $10/month or $25/month for 5

Router Information: Various router models available for lease or purchase.

XMission

Contract Terms: XMission’s data plans are on are on a month to month basis.  XMission’s VOIP service requires a 2-year contract.  A monthly VOIP option is available by contacting the provider directly. 

Billing: Monthly services will be billed in advance on the date of service initiation and will be billed on that same date of each following month. 

Terms and Conditions: www.xmission.com/legal

 

No Data Cap

Static IP: Yes

Static IP Cost: Static IPs are available for $5. Additional IP’s are sold in blocks of 8 or 16.

Router Information:

No router rentals available at this time.