Internet Service Contract
Hillbilly Wireless Inc.
421 S. Main St, Cave City, AR 72521
Phone: (870) 283-7044; Fax: (870) 283-7141
THIS IS A LEGALLY BINDING CONTRACT AND BY SIGNING THE ORDER FOR
INTERNET SERVICE I AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS
The person or entity signatory (hereinafter the Subscriber) who signs the Order for Internet Service agrees to the following Terms and Conditions of this Internet Service Contract (hereinafter the Contract) and the Acceptable Use Policy.
Access to the Hillbilly Wireless Internet Network,
Internet services is provided subject to the following terms and conditions. Hillbilly Wireless Inc. exercises no control over the content of the information available through the Hillbilly Wireless Inc. Internet services.
1. The phrase "the Company" refers to Hillbilly Wireless Inc., a Arkansas Corporation and its assigns and operators.
(i) use and analyze any Subscriber Content internally in furtherance of Company's internal business purposes;
(ii) create any products or services based on userinformation and Subscriber Content to sell to third parties or to promote the business of Company; and
(iii) disclose the Subscriber Contentand related information created by Company, or for Company, on an aggregated basis for marketing and business development purposes,including targeting advertisements. Subscriber shall agree to indemnify, defend and hold Company harmless from and against any claims bySubscriber or third parties resulting from Company’s use of the Subscriber Content in accordance with the terms of this Agreement.
3. The Subscriber is solely responsible for the knowledge of any adherence to any and all laws, statutes, rules and regulations pertaining
(i) to the Subscriber's use of the Hillbilly Wireless Inc. Internet services,
(ii) to the use of any networks connected to the Hillbilly Wireless Inc. Internet services, and
(iii) to the communications means by which the Subscriber connects their Client Radio, Router, PC, terminal or other equipment to theHillbilly Wireless Inc. Internet service. Subscriber is responsible for managing all the activity occurring through use of the Internet service,including the activity of Subscriber’s users and such user’s content. The Subscriber shall abide by all applicable local, state, national andforeign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technicalor personal data. The Subscriber shall notify Company immediately in the event it becomes aware of or suspects any unlawful copying ordistribution of illegal content through the Internet service and the Subscriber shall use reasonable efforts to haltsuch unlawful copyingand/or distribution.
4. Company will provide Subscriber with the equipment notated on the Order for Internet Service. Such equipment shall at all times remain theproperty of the Company and upon termination of service shall be returned to the Company in the same condition as existed upon executionof this agreement, reasonable wear and tear excepted. Subscriber shall bear all risk of loss, theft, fire, windstorm, lightning,or other hazard.The Company will maintain and repair such equipment at its sole cost, provided however, that in the event that any such maintenance, repairor replacement is necessitated by the abuse, misuse or neglect of the Subscriber, or any of the hazards identified above, Subscriber shall bearthe entire cost of such repair or replacement.
5. The Subscriber agrees to defend, indemnify and hold harmless the Company, its officers, shareholders, agents and employees and its othersubscribers from any and all claims, costs, expenses, judgments, causes of actions, attorney’s fees, litigation and court costs resulting fromthe Subscriber's use of the Hillbilly Wireless Inc. Internet services in any manner, whether directly, indirectly or by any act of commission or omission.
6. Payment of the Hillbilly Wireless Inc. Internet service fee is due on the first day of the billing period of the selected service option. Service startedfrom the first through the fifteenth day of the month is subject to the full monthly service charge of the selected service option. Servicestarted from the sixteenth through the last day of the month will be pro-rated and added to the next month’s charges and is due at the time of installation of service of the selected service option. AHillbilly Wireless Inc. Internet services account is in default if payment of the Hillbilly Wireless Inc. Internet services fee is not received within 15 days afterpayment is due. If the Subscribers payment is returned to the Company unpaid, the Subscriber is immediately in default and subject to acharge of $30 from the Company. Accounts unpaid 15 days after payment is due may have their service interrupted. Such interruption doesnot relieve the Subscriber from the obligation to pay the Hillbilly Wireless Inc. Internet services fee. Only a written request to terminate the servicerelieves the Subscriber of the Subscriber's obligation to pay the monthly account charge. Accounts in default are subject to a $5.00 per month fee or the Subscriber's state legal maximum allowable rate. If the Subscriber defaults, the Subscriber is to pay the Companyits reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. Anact of default accelerates payments to be due immediately, as credit is no longer being extended.
7. 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 hereincontained, the Subscriber agrees to pay all of the Company's reasonable attorney’s fees and court costs. Upon breach of this Contract, all ofSubscriber's rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of thisContract, or the breach of any applicable law or statue governing the use of the Hillbilly Wireless Inc. Internet service, all subscriber fees shall beforfeited as liquidated damages to the Company. In the event of litigation, both parties agree that the Law of Arkansas shall apply and bothparties consent to the jurisdiction of the state courts. Both parties expressly waive a jury trial.
8. A Hillbilly Wireless Inc. Internet service account can be canceled at any time by either the Company or the Subscriber, upon written notice sent by theSubscriber to the address of the Company listed in this Contract, upon written notice sent to the last mailing address listed with the companyby the Subscriber on the Order for Internet Service. It shall be the responsibility of the Subscriber to keep the Company informed as to avalid mailing/email address to which notice can be sent. Service terminated from the first through the 15th day of the month is subject to half themonthly charge. Service terminated from the 16th through the last day of the month is subject to the full monthly charge.
9. The Subscriber agrees that the Company has the right to delete all data, files or other information that is stored in the Subscriber's account ifthe Subscriber's account with the Company is terminated, for any reason. In addition, all Subscriber information or Subscriber Content maybe moved, removed, and / or deleted for any reason or no reason at all in the sole discretion of the Company.
10. The Company shall have the right to suspend service to the Subscriber at any time, and for any reason or no reason in the Company’s solediscretion, without notice. If such a suspension is to last for more than 15 days, the Subscriber may be notified as to the reason.
11. Upon acceptance of the Subscriber's Order for Internet Service, the Subscriber will be provided with access to the Hillbilly Wireless Inc.Internet services. Permissions for access to the Hillbilly Wireless Inc. Internet service shall remain valid and in force and effect during the pendency ofthis Contract.
12. The Subscriber certifies that he or she is at least 18 years of age. While individuals under the age of 18 may utilize the Internet service, theymay do so only with the involvement of a parent or legal guardian. It is assumed that if an individual under the age of 18 is using theInternet service that the individual's parent or legal guardian has agreed to the terms of this Agreement.
13. LIMITED WARRANTY: WITH RESPECT TO THE EQUIPMENT DESCRIBED IN PARAGRAPH 4 ABOVE, THE COMPANYWARRANTS THAT IT WILL REPAIR OR REPLACE ANY DEFECTIVE EQUIPMENT DURING THE TERM OF THISAGREEMENT AT ITS SOLE COST AND EXPENSE, PROVIDED THAT NOTICE OF SUCH DEFECT IS GIVEN TO THECOMPANY NOT LATER THAN 24 HOURS AFTER THE OCCURRENCE AND PROVIDED FURTHER THAT SUCHDEFECT DOES NOT ARISE FROM THE ABUSE, MISUSE OR NEGLECT OF THE SUBSCRIBER OR FROM DAMAGE ORLOSS OCCURRING BECAUSE OF THEFT, FIRE, WIND, LIGNTENING, IMPROPER GROUNDING, OR OTHER HAZARD.
14. DISCLAIMER OF WARRANTIES: NO WARRANTY IS MADE BY THE COMPANY REGARDING INFORMATION,SERVICE OR PRODUCT PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTER OFHILLBILLY WIRELESS INC. INTERNET SERVICE. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIESOTHER THAN THOSE SPECIFICALLY SET FORTH ABOVE, INCLUDING WITHOUT LIMITATION:
(I) ANYWARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, ORSERVICES; (II) ANY WARRANTY OF MERCHANTABILITY; AND (III) ANY WARRANTY OF FITNESS FOR APARTICULAR PURPOSE.
15. LIMITATION OF LIABILITY: ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANYLIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, IMPROPER GROUNDING, DELETION,DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTIONOF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH OFCONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BESTRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THECURRENT MONTH. PROVIDED HOWEVER, IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT,SHALL COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO SUBSCRIBERFOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING,WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORKSTOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR INANY WAY RELATED TO THE CONTENT OR INFORMATION PROVIDED OR DISTRIBUTED BY THE COMPANY ORANY OTHER SUBSCRIBER OR RELATED TO ANY PRODUCTS, SERVICES, OR INFORMATION OFFERED OR SOLD,OR INABILITY TO USE THE INTERNET SERVICE OR OTHERWISE IN CONNECTION WITH THIS CONTRACT,REGARDLESS OF WHETHER COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. This Contract represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written andoral negotiations, representations, guaranties, warranties, promises, orders, statements or agreement between the parties or any statement orrepresentation made or furnished by any other person representing or purporting to represent either party. TheCompany reserves the right tomodify these Terms and Conditions by notifying the Subscriber 30 days in advance of the effective date of the modifications.
17. The term of this contract shall be for one (1) year, commencing on the date of installation which date is recorded on the Order for InternetService. The contract shall automatically renew upon the anniversary date. The contract may be terminated with written notice to Hillbilly Wireless Inc. atleast thirty (30) days prior to the anniversary date. Termination prior to the end of the first year of the contract shall result in earlytermination fee of 1/2 of remaining value on contract in addition to the $50.00 installation fee and all other outstanding balances due and any assessments for damage to orreplacement costs for CAS owned equipment.
18. This Contract is governed by and shall be construed in accordance with the laws of the State of Arkansas, U.S.A., without reference to itsconflicts of law’s provisions. Subscriber agrees to submit to the personal and exclusive jurisdiction of the state or federal courts locatedwithin or near Independence County, Arkansas for any disputes with Company arising out of this Contract.
19. Use of a Hillbilly Wireless Inc. Internet service account constitutes acceptance of these Terms and Conditions. In addition, the person or entity signingthe Order for Residential Internet Service agrees to the Terms and Conditions of this Internet Service Contract and the related AcceptableUse Policy.
20. Subscriber warrants and represents that he/she as owner is authorized, or has been authorized by the owner of the premises if he/she is notthe owner, to permit the installation upon the premises occupied by Subscriber of all equipment necessary to provide internet servicepursuant to this agreement. Subscriber shall indemnify and hold Company harmless from any claims of loss or damage to the premises byany third party, which claims are related in any way to Company's installation of equipment and provision of internet service.
Customer Signature Date
Hillbilly Wireless Inc., Installer Signature Date