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• Horizon Broadband Sales
• 322 North Market Street Benton, AR 72015-3735

(Please review the wireless internet service agreement below,
or on back of application.)

Wireless Internet Service Agreement

By establishing an account or using the Services of Horizon Broadband, Inc. you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.

The following terms and conditions shall apply to all customers subscribing to Horizon Broadband Internet Service.  This Agreement is part of and shall be incorporated into the Acceptable Use Policy.  In utilizing Horizon Broadband Internet Service, Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy and this Agreement as Horizon Broadband may modify it from time to time.  In the event of an inconsistency or conflict between the Acceptable Use Policy and this Agreement, the provisions of this Agreement shall govern.

Payment Policies and Terms:  Subscriber shall be bank drafted or credit card charged monthly for service one month in advance.  Delinquent accounts shall be placed on “accounting hold” and services to the Subscriber shall be suspended until the account is paid in full.  For any Subscribers’ account that has been placed on suspended service there shall be due a fifty dollar ($50.00) reconnection charge to reactivate Subscribers’ services after the arrearage has been paid.  A twenty five dollar ($25.00) fee will be added to the subscriber account in the event of any bank returned debit.  In the event that more than one debit is returned, we will accept only cash, credit card, or certified funds for payment on the account.

Termination:  Subscriber may terminate this Agreement by submitting a request for termination (by email, fax, US Mail, or telephone) to the addresses or phone numbers listed in this agreement.  Requests received prior to close of business shall have a termination date of the next business day.  Subscriber shall be liable for the remaining portion of the contract, plus a fifty dollar ($50.00) termination fee.

Without prior notice, Horizon Broadband may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if Horizon Broadband, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due.  Horizon Broadband may provide termination notice to you by email addressed to your email account or by US Mail or courier service to the address you provided for the Services.  Termination by Horizon Broadband for violation of Horizon’s Acceptable Use Policy shall be subject to the termination fee as described above.

Additional Fees:  In the event that special construction, or additional equipment including but not limited to longer cable, additional grounding, higher tower or mast hardware, or specialized antennas is necessary, an additional fee will be required for said equipment and any additional labor not included in the standard install.  Additional labor is billed at $30.00 per half hour.

Equipment and Scope of Work:  All equipment, modems, subscriber modules, antennas, and standard mounting equipment will at all times remain the property of Horizon Broadband.  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 Horizon Broadband in obtaining or attempting to obtain possession of any such equipment.  On expiration or termination of this Agreement, Subscriber authorizes Horizon Broadband to retrieve from Subscriber’s premises equipment that is owned by Horizon Broadband.

Standard Maintenance:  Horizon Broadband’s connection point ends at the Subscriber Module.  Any trouble beyond our network or equipment is the full responsibility of the Subscriber and their subsequent Network Administrator or vendor.  Standard maintenance is limited solely to Horizon Broadband’s network and backbone connectivity.

If your connection ceases to function properly but Horizon Broadband’s network is still functioning properly, a technician will be sent to troubleshoot during normal business hours. (9am-4:30pm Monday-Friday)  If the problem is due to subscriber negligence or any of those items listed in the “not covered by Standard Maintance” section standard hourly rates apply.

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 wireless system, such as, but not limited to failure of or faulty electrical power, operator error, or malfunction of Subscribers computer and/or peripheral equipment not installed by Horizon Broadband, or from any cause related to or other than the intended and ordinary use.  Antenna re-aiming or relocation due to obstructions such as trees, vegetation or buildings, storm related damage, any re-aiming or relocation of antennas, or reconstruction of tower/mast assemblies will be billed to the Subscriber at standard hourly rates.

Indemnification/Release:  Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release Horizon Broadband, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of, or termination of Horizon Broadband’s services hereunder including but not limited to, Subscriber’s access to content uploaded or downloaded using Horizon Broadband’s service from any source or to any recipient.  Subscriber further releases Horizon Broadband from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through Horizon Broadband’s systems and/or the wireless network.  Subscriber’s release of Horizon Broadband includes any actions or inaction by Horizon Broadband which amount to negligence.  Subscriber further agrees to indemnify and hold harmless Horizon Broadband Inc. from and against any and all claims, actions, causes of action, losses or damages including attorney’s fees witch in any way arise from Subscriber’s installation of, use of, termination of, Horizon Broadband’s services herein.

Disclaimer:  Horizon Broadband assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via Horizon Broadband’s services.  Horizon Broadband discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Horizon Broadband which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations.  This includes but is not limited to pornographic or otherwise inappropriate or sexually explicit or offensive content.  Subscriber acknowledges to Horizon Broadband that its use of Horizon Broadband’s service to access information, content or other services is at its own risk.

Governing Law and Venue:  The laws of the State of Arkansas 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 Saline County, Arkansas.

Customer Agreement:  The customer agrees that they have read and understand the checklist, FAQ and “Won’t Do” sections of the Horizon Broadband website.  The customer assumes all liability of providing a computer or device capable of using IP over Ethernet.

Entire Agreement:  This Agreement constitutes the entire Agreement between the parties and no other representations or statements will be 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.

Acceptable Use Policy

Horizon Broadband agrees to provide high speed wireless internet to the subscriber subject to the following terms and conditions:

Residential Plan service is for single family residence or home-office use only.  Internet sharing is allowed only within the boundaries of the residence.  Allowing others to use this connection via wired, wireless (WiFi or other technology) or by other means will result in immediate disconnection.  Reselling this service will result in immediate disconnection.  Business Plan Subscribers may set up a WiFi hotspot with permission from Horizon Broadband, but this is only allowed on a case by case basis.

Using a personal account for high volume or commercial use (e.g. revenue generation, advertising, etc.) is prohibited.  Email accounts exceeding the Member’s allotted email space may, at Horizon’s discretion, be transferred to a compressed temporary file or storage.  Horizon may delete the temporary file from the server 60 days after notifying you.

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 computational, information, or communication devices or resources of others is a violation of this agreement.  The use of Horizon’s services by Subscribers to modify, alter, reverse engineer, decompile disk, or disassemble any proprietary work in whatever form is a violation of this agreement.  The failure of any Subscriber running IPX to use an IP tunneling protocol is a violation of this Agreement.  The broadcast of Routing Internet Protocol (RIP) or any other inter router protocol by Subscriber is a violation of this Agreement.  Any Subscriber deemed by Horizon Broadband to be in violation of this section is subject to immediate termination by Horizon Broadband.  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 the Services

Horizon Broadband has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Horizon Broadband, 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.

Horizon Broadband may immediately remove your material or information from Horizon’s servers, in whole or in part, which Horizon, in its sole and absolute discretion, determines to infringe another’s property rights or to violate our Acceptable Use Policy.

Additional Clarifications, Terms and Conditions

Usernames, passwords and email addresses are Horizon Broadband’s property and Horizon Broadband may alter or replace them at any time.

Horizon Broadband has no control over certain types of interference and signal blockage.  We do not guarantee any level or quality of service.  If the service becomes unusable and cannot be restored within 2 working days, your account will be credited for the outage.  If service is interrupted more than an aggregate of 48 hours in any given month, term contracts may be cancelled without penalty.

Horizon Broadband cannot be held liable for any type of loss, whether actual or percieved, due to a lack of service.

Subscribers understand that services will be interrupted from time to time for various reasons including maintenance, upgrades and power outages.  There will be no warning for some of the outages.