Terms of Service
Straight Forward Broadband Networks Access/Lease/Installation Agreement Effective: January 2019
1. This Wireless Internet Access/Lease/Installation Agreement (“this Agreement") is entered into this day _____ of______________, 20___, between Straight Forward Broadband, and ___________________________________ (“Client"). Fast Forward Broadband shall provide Client with a wireless connection to the Internet (the “Connection") with a _____mbps base bandwidth, and burstable to ____________mbps. In consideration for the Connection, Client shall pay Straight Forward Broadband the sum of $________ each month during the term hereof.
2. Straight Forward Broadband agrees to lease to Client equipment necessary to establish a wireless Internet connection, specifically, a Subscriber Module, Surge Suppressor, Power Injector, and Ethernet cables (all such equipment referred to herein as the “Leased Equipment"). With the exception of manufacturing defects, which shall be remedied by Straight Forward Broadband without charge to Client at any time during the term of the Agreement, Client shall bear all risk of loss in respect to the Leased Equipment, including, but not limited to damages caused by weather or other conditions existing at Clients location, and Client shall return the Leased Equipment to Straight Forward Broadband in good working order within ten(10) days of the date of any termination of this Agreement, or client is subject to a cost of replacement.
3. Straight Forward Broadband shall provide Client with the labor necessary for the normal installation of wireless Internet equipment at the location set forth below. In consideration for the installation, Client shall pay Straight Forward Broadband a one-time installation fee of $__ which shall be due upon Client execution hereof.
4. Client understands that the installation services included in this contract are limited to the installation of a Subscriber Module (SM), a Surge Suppressor (SS), one cable to connect the SM and SS, and one cable which will run from the SS into the customer location via one (1) hole through an exterior wall of Client's structure. Straight Forward Broadband shall not be responsible for additional installation tasks not specifically listed in this Section 4, which may be deemed desirable or necessary by client or the installer. Client shall be responsible for the additional work subsequently requested by Client.
5. All payments for service, lease and /or installation should be in the form of Major Credit Card, cash or check. If Client does not return all the Leased Equipment to Straight Forward Broadband in good working order within ten (10) days of the date of the termination of this Agreement by either party, Client authorizes Straight Forward Broadband to submit a charge on the Client's credit card account in the amount of the replacement value of the Leased Equipment not returned. If Client does not wish to use a credit card, a security deposit of $00 shall be deposited with Straight Forward Broadband. This deposit will be refunded when all the Leased Equipment is returned to Straight Forward Broadband in good working order.
6. Client understands that the Connection operates through an Ethernet Connection the Ethernet card shall be provided and installed by Client, at the Clients expense.
7. Straight Forward Broadband shall not be responsible or liable for any of the following:
a. Any obstruction(s) that might be erected or grow between the antenna at Clients' location and the POP which causes degradation to loss of service.
b. Debris or ice on the antenna located at Client's location.
c. Aiming or re-aiming the antenna located at Client's location more than ten (10) days after its installation.
d. Repair or restoration of any structure or surface altered or penetrated by Straight Forward Broadband during the installation or removal of antenna, mast, tripod, wiring or any other Straight Forward Broadband Equipment located at Client's location.
8. Client understands that wireless Internet connectivity requires direct radio line of site, and that any obstruction between the POP and the antenna located at Client's location may block the signal and cause the failure of the Connection. In the event that foliage disrupts service, Straight Forward Broadband will attempt to reconfigure the equipment to restore service. Client may incur charges for any extra hardware and service labor at that time. If service cannot be restored within fifteen (15) days of Client's notice to Straight Forward Broadband of a service interruption, either party may terminate this Agreement. Upon any termination of the Agreement pursuant to the preceding sentence, Client shall receive a refund of a pro-rata portion of the service fee for any period in excess of forty-eight (48) hours that Client has paid for service, but the Connection was not operational. For any questions, concerns, or disputes regarding refunds contact us at: 931-264-1029 or email support@Straightforwardbroadband.com
9. Client acknowledges that all fees are non-refundable after the Connection becomes operational more than 30 days after (the “Activation Date"). Refunds will be handled case by case.
10. Permitting and Landlord Approval.
a. It shall be Client's responsibility to obtain any required permits, consents or, for the installation of Straight Forward Broadband Equipment on property not owned by Client, Landlord approval in the form set following: Landlord consents to the installation, maintenance and removal of equipment required for the Connection, _________________________ Signature of Landlord for Approval.
11. The term of this Agreement shall commence on the Activation Date and shall end 1 month after such date. Unless notice is given by either party to the other not less than thirty (30) days prior to the end of the initial term, this Agreement shall automatically be renewed for additional term(s) of equal length to the initial term. Straight Forward Broadband may change the monthly charges payable under this Agreement for any renewal term by notifying Client at least thirty (30) days prior to the beginning of any renewal term of such a rate change.
12. Client will be invoiced monthly in advance for all amounts due and owing to Straight Forward Broadband. All payments are due within 15 days after the date of such an invoice. Client's use of the Connection may be suspended if payment is not received by Straight Forward Broadband within thirty (30) days of the date of the date of such an invoice. Payments shall be made at, or mailed to Straight Forward Broadband at 715 East Main Waverly TN 37185, or at any alternative address as Straight Forward Broadband may subsequently advise Client thereof.
13. Client represents and warrants to Fast Forward Broadband that the Leased Equipment shall be at all times prior to its return to Fast Forward Broadband be located at the address of Client written below.
14. The Connection is intended solely for use within the home, apartment, or office in which it is originally installed. Client may not share the connection with other locations, unrelated parties, other business entities or their employees. Reselling Internet services obtained through the Connections is strictly prohibited.
15. If Client terminates this Agreement any time after implementation, but before expiration, Client will pay a lump sum equal to 30% of the charges of the remainder of the then current term of the Agreement. If Straight Forward Broadband terminates, Clients use of the connection for violation of Straight Forward Broadband's acceptable use policy, Client shall pay, immediately, a lump sum equal to the charges for the remainder of the then current term of the Agreement.
16. Through the Connection Straight Forward Broadband provides Client access to the Internet. Client hereby acknowledges that the Internet is a separate and independent network of computers, which is not owned, operated or managed by Straight Forward Broadband or any way affiliated with Straight Forward Broadband or any of its affiliates. Client's use of the Internet shall be solely at Client's own risk and is subject to all applicable laws and regulations. Access to the Internet is dependent on numerous factors, technologies, and systems, many of which are beyond Straight Forward Broadband's authority and control.
17. The Connection and Straight Forward Broadband's network can only be used for lawful purposes. The transmission of any material in violation of any local, state, national or international law or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, material protected by trade secret, or material that is otherwise deemed to be proprietary or judged by Straight Forward Broadband to be inappropriate or improper, such as transmitting bulk e-mail messages, or using a peer-to-peer network.
18. Straight Forward Broadband makes no warranty, express or implied, including but not limited to, that the Connection is suitable for a particular purpose. Straight Forward Broadband shall not be responsible for any loss of data resulting from delays, non-deliveries, mis-deliveries or service interruption, however caused. Use of any information obtained through Straight Forward Broadband's network shall be at Client's network shall be at Client's own risk. Straight Forward Broadband specifically disclaims any and all responsibility for the accuracy or quality of information obtained through the Connection.
19. Routine maintenance and periodic system repairs, upgrades and reconfiguration, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electrical breakdowns, may result in temporary impairment or interruption of service. As a result, Straight Forward Broadband does not guarantee continuous or uninterrupted service and serves the right, from time to time, to temporarily reduce of suspend service without notice. Client shall indemnify and hold Straight Forward Broadband and its directors, officers, employees, and agents harmless from any and all obligations, charges, claims, liabilities and fees incurred as the result of interruptions or omissions of service under this Agreement. Client consents to the periodic monitoring of Client's use of the Connection and Straight Forward Broadband's network by Fast Forward Broadband as may be reasonably required by Straight Forward Broadband to conduct its quality control activities.
20. Upon the occurrence of a breach by Client of any provision hereunder, Straight Forward Broadband, reserves the right, in addition to any other remedies which may be available to it, to terminate this Agreement and the services to Client therein.
21. Client agrees to pay all costs incurred by Straight Forward Broadband in enforcing the terms of the Agreement, including, but not limited to 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.
22. This Agreement is deemed to be entered into in the State of Tennessee and the parties agree that any dispute arising under this Agreement shall have its venue in Humphreys county, state of Tennessee and any such dispute shall be governed by and constructed in accordance with the laws of the State of Tennessee.
23. Straight Forward Broadband may assign this Agreement without Client's prior consent and all of Straight Forward Broadband's rights, title, and interest herein shall insure to the benefit of such assignee, its successors and assigns. The Agreement shall not be assignable by Client except with the written consent of Straight Forward Broadband. Subject to the foregoing, this Agreement shall be binding upon and insure to the benefit of the parties hereto and their respective successors and assigns.
24. Neither party shall disclose any of the terms and conditions of the Agreement without prior written consent of the other.
25. Client agrees to indemnify and hold Straight Forward Broadband harmless for any injuries or damages sustained during or as a result of the installation of the Leased Equipment by Client or by any agent of Client.
26. If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
27. All notices, elections, and waivers required or otherwise given here under shall be in writing and shall be served, unless otherwise provided, on the parties or their respective attorneys, if any, personally; by mail with postage prepaid and deposited into the United States mail, by facsimile transmission, or by electronic mail at the addresses set forth below. If mailed or transmitted as aforesaid, notices, elections, and waivers shall be deemed given on the date of such mailing or transmission (except as elsewhere provided herein).
28. This agreement contains the entire understanding between and among the parties and supersedes any prior understandings, and agreements among them respecting and subject matter of this agreement.
Effective: January 2019
I. Information We Collect
In general, we collect and keep only Personally Identifiable Information that is needed to provide our Services to you or to detect unauthorized reception or use of our Services. We treat Personally Identifiable Information as private, use it only for the Services we offer or provide directly to you, do not sell it to others, work to keep it secure and from being accessed without proper authorization, and destroy it when no longer needed. While we cannot cover here every particular situation where Personally Identifiable Information may be affected, we describe those situations below that we believe are most significant and would be of interest you.1.Personally Identifiable Information - As a result of your subscribing to and our offer or provision of Services to you, we obtain certain information that does identify you individually("Personally Identifiable Information"). We consider our protection and use of the information that does identify you to be as secure as the law allows and a part of the trust you place in us by using our Services. We will only use your Personally Identifiable Information in a manner that is consistent with the terms of this policy. We do not consider information that is aggregated about our subscribers and which does not identify you specifically to be within this definition. This type of aggregate information may include items such as the number of customers who have purchased a premium video service, or the number of Internet subscribers accessing a particular Web site on a particular day, and while discussed herein, is not covered by this policy. Specifically, Personally Identifiable Information may include but is not limited to items such as the following: your name, service address, billing address, telephone number(s), social security number, driver's license number, demographic information, user ID's, passwords, email addresses, credit history, or other information obtained from third parties, correspondence, repair or service requests, account notes, and related communications records. We may also maintain and protect customer information concerning credit, billing and payments, security deposits, bank accounts and credit cards, purchases of products, services, maintenance and repair, equipment and services you receive from us and other service-related functions. In offering and providing our Services, we may also collect other information that may, in some instances, be considered Personally Identifiable Information, such as: your network equipment, routers, the number and location of computers in your home that are connected to our system, modems, associated electronic addresses, settings and other preferences to aid in billing, maintenance, and customer support. We also sometimes collect Personally Identifiable Information for specific purposes, such as for surveys, promotions, or registering at our Web sites. You should know, and we ask you to read the specifics below, that lists of multiple customer names and addresses are permitted to be disclosed (without ever revealing any of your transactions or the extent of your use of our Services) unless you specifically request that we not include you on such lists. As outlined more specifically below, you may elect to not participate in our use of such information.2.High Speed Internet Services - Like most Internet service providers, we automatically collect certain general information concerning your use of our high speed Internet service, such as the Internet Protocol (IP) addresses assigned (an identifier assigned to your computer while online), MAC addresses(individual equipment identifiers) of equipment that is used, bandwidth used, system and connection performance, browsers used, dates and times of access, and Internet resource requests, including requests to access web pages, web mail servers, another servers. Some of this information may identify those subscribers who have downloaded certain materials or accessed certain websites. This type of information is generally retained for about six months. We do not store online messages sent or received unless left by you in your Straight Forward Broadband account file. 3. Voice Over Internet Protocol ("VOIP") Telephone Services - Income areas we provide telephone services by facilities-based “voice over Internet protocol" ("VoIP"). We do not listen to or record your calls unless required to by court order as described herein. We do, however, monitor certain calls to or from our staff for quality control purposes. If you object to this, you may tell us when you speak with a customer care representative. In providing telephone services, we do collect call detail information, including numbers called and received and duration of calls ("Call Detail"). We retain Call Detail for up to three years, as required by some authorities, and we treat all such information as private unless we are lawfully required to disclose it, or you ask to see it yourself.
II. Use and Sharing
III.Law Enforcement and Legal Requests
1.Information Disclosure - We regularly receive legal requests from governmental entities and law enforcement personnel for customer information and records. We also receive discovery requests in civil litigation. In all such cases, we cooperate by providing such information as the law requires. Federal law generally allows civil parties to obtain information about you only with a court order and advance notice to you. Federal law provides generally that the government must obtain a court order for disclosure of Personally Identifiable Information and can do so only upon a showing of clear and convincing evidence that you are reasonably suspected of engaging in criminal activity, and the information sought would be material to the case. The law also generally affords cable subscribers an opportunity to appear and contest the disclosure of Personally Identifiable Information to a government entity pursuant to a court order. However, under certain specific circumstances, a governmental entity may obtain or issue a warrant, summons, subpoena (criminal or administrative) or other legal process that requires us to disclose communications or records concerning you such as name; address (physical or email);local and long distance connection records, or records of Internet or telephone session times and durations; telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address (such as an IP address); and the means and source of payment for services, including any credit card or bank account number. Such a subpoena could also require that we not notify you of the request. In those circumstances, we will not provide you with advance notice. The laws concerning your privacy and government access change from time to time and may affect how we are required to respond. Due to this fact and the volume of requests we receive, we do not assume any duty to notify you of receipt of any legal requests.2. Internet Information - Your account records and information concerning your Internet access may be the subject of court orders or subpoenaed by the government or others through the courts. Internet messages and files shared over "peer-to-peer" services often include your IP Address, and you can be identified in this way if we receive a lawful subpoena or court order. As with telephone interception, details concerning your Internet access and the content of certain communications can be obtained by law enforcement through a warrant, summons, court order or sometimes a subpoena or similar authority. In addition, the law permits us to disclose to law enforcement, voluntarily and without prior notice, customer information, including the contents of communications, if we reasonably believe that an emergency involving immediate danger of death or serious physical injury requires such disclosure without delay or if we deem it necessary to prevent or assist in preventing or investigating child abuse.3.Telephone Information – Except for some limited instances of matters involving national security, current law requires law enforcement authorities to obtain a court order or other similar authority for a telephone wiretap or to use a pen register or trap and trace device to capture dialing information or monitor calls. Our interconnected VoIP telephone services are subject to similar interception standards. Law enforcement can also subpoena Call Detail and account information. Viscosity of Your Personally Identifiable Information
We are aware of the publicized instances of customer information security breaches and continue to work on new ways to protect Personally Identifiable Information. For our most sensitive databases, we use encrypted formats within controlled and secure environments that have access restricted to only our most trusted employees. Nevertheless, although we endeavor to ensure the integrity and security of our network and computer systems, we cannot guarantee that our security measures will prevent all instances of possible unauthorized access. It is a federal criminal offense to (1) access our computer systems without authorization, or in excess of authorized access; (2)wrongly take information from our computers; and (3) engage in pretexting practices, which include making false or fraudulent statements or representations to an employee, agent, or customer, in order to gain access to customer accounts or confidential phone recursive the Internet, or by other means, without prior authorization from the customer to whom such records belong, or relate to. Consistent with these measures, we strictly prohibit the release of such information to unauthorized persons. Since we cannot control Web sites or Internet services operated by third parties that you may visit through use of our Services, we recommend that you review the terms of service and privacy policies of those Websites and services.
The websites provided by Straight Forward Broadband are not directed at, or intended for use by, children under the age of 13. Children should always get permission from a parent or guardian before sending personal information over the Internet. If you believe your child may have provided us with personal information, you can contact us at the return address on this notice or found on your monthly bill and we will delete the information. You can find more information about protecting children’s privacy by contacting the FTC or viewing its website at www.ftc.gov.
VI. Child Pornography
As a provider of an electronic communications service, we are required by law to report any evidence we may become aware of relating to violations of laws concerning child pornography or child abuse.
Circusgoer Access to Information
You may check the accuracy of personal information in your account by contacting a Customer Care representative. We also will make a more complete review of your Personally Identifiable Information available to you within a reasonable time following a request. You may examine the information upon prior request and at your own cost during business hours at the Straight Forward Broadband office listed on the return address of this notice or noted on your billing statement, and you may advise us of any errors you would like us to correct. We will generally not provide Call Detail information over the phone but only mail it to the account’s address of record.
Vicious Enforcement Rights
You can enforce your legal privacy rights concerning our collection, use and sharing of your Personally Identifiable Information. Among your remedies is the right to seek damages and reasonable costs and attorneys ‘fees under 47 U.S.C. 551. You have a right under federal law to see Personally Identifiable Information that Straight Forward Broadband collects and maintains. If you would like to see your Personally Identifiable Information, please send a written request to the address listed on the cover of this notice or on your regular bill. Alternatively, Straight Forward Broadband will be glad to make an appointment for you to come in to our office during regular business hours to review your Personally Identifiable Information. If your review reveals an error in our records, Straight Forward Broadband will correct it.
IX.Other Terms and Changes in Policy