Terms of Service 

1. DEFINITIONS.

The Company means St. Louis Broadband, L.L.C., a Limited Liability Company. The e-mail address is: sales@stlbroadband.com.

The Subscriber refers to an individual, corporation or legal entity who incurs usage charges for the Companies services and equipment on behalf of itself and/or a third party User, defined as anyone using Subscribers account; there are no exceptions either express or implied.

2. PRICING.

A. General: The Subscriber shall pay to the Company the charges associated with the rate plan selected, including without limitation; deposits, set-up fees, equipment purchase, lease/rentals, service charges, etc., all as set forth on the attached schedule.  All charges are subject to change at the Company’s discretion and with thirty (30) days advance notice. 

B. Payment: All accounts are prepaid. Payment of all charges is due on the first day of the month; a five (5) day grace period is granted, but these days are included in the thirty (30) day overdue period. When installation is any other day of the month charges will be pro rated accordingly.  Accounts more than thirty (30) days overdue will be temporarily disabled until full payment is received.  A $30.00 reconnect fee will be assessed.  Accounts more than forty-five (45) days overdue will be cancelled and all company owned equipment recovered. Accounts will be billed a $250 un-install fee.  Returned checks will be charged a fee of $25.00.

Account that are out of contract and on month to month will require credit card payment only.

3. TERMS AND TERMINATION.

A. This agreement commences upon activation of service by the Company and shall remain in effect for the selected rate plan period, or until terminated as herein provided.

B. Subscriber may terminate this agreement upon sixty- (60) days advance written notice. *See Section 3.C.  You may e-mail said notice to: sales@stlbroadband.com

C. Subscribers notice of termination: Subscriber shall pay to Company upon termination of service, a termination charge of $200.00 (two hundred dollars) for six months early termination and $100 (one hundred dollars) for less than three months termination. All St. Louis Broadband equipment must be returned or an additional $500 (five hundred dollars) penalty will be applied.  Installation costs are not refundable.

D. If Subscriber cancels service or term commitment is under six months and/or equipment is damaged or not surrendered within seven (7) days of termination by either party, Subscriber agrees to pay to the Company $500 (five hundred dollars).

E. The Company shall have the right to suspend or terminate this agreement at any time with or without prior notice to Subscriber.

F. The Subscriber also agrees that the Company has the right to delete all data, files or other information that resides or is stored on the Company’s hardware if the Subscribers account is terminated for any reason, by either the Company or the Subscriber, or if Subscribers account activity is found to be in violation of the provisions set forth in this contract.

4. INDEMNIFICATION.

Subscriber and any User shall indemnify and hold harmless the Company, its agents and employees from and against any loss, cost, claim, liability, damage, or expense, (including attorneys fees) to third parties, relating to or arising from the use of the service by Subscriber, Users, or any other person, whether or not Subscriber or User has knowledge of, or has authorized such access or use, including, without limitation; claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where Subscriber or User has used, connected, or combined the service with the products or services of others), negligence, breech of security, or tortuous behavior.  Subscriber agrees to indemnify the Company, its agents and any parties’ form whom the Company obtains network services, and to hold them harmless from any claims resulting from the use of the service or equipment by the Subscriber or its Users that damage another party or that violates the law.

5. DISCLAIMERS OF WARRANTIES.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, EQUIPMENT, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY (THE CONTENT) ARE PROVIDED AS IS AND AS AVAILABLE FOR SUBSCRIBERS USE.  THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO; IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY AND ITS LICENSORS, AGENTS AND EMPLOYEES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR SECURE, OR THAT SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  USE OF THIS SYSTEM IS SOLELY AT YOUR OWN RISK.

6. LIMITATION OF LIABILITY.

THE COMPANY SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT, DEVICES, PROGRAMS OR SERVICES NOT PROVIDED BY COMPANY, FAILURE OF COMMUNICATIONS, POWER OUTAGES OR OTHER INTERRUPTIONS NOT WITHIN THE COMPLETE CONTROL OF THE COMPANY.  NOR SHALL THE COMPANY BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBERS, THEIR USERS (REGARDLESS OF SUBSCRIBER‘S KNOWLEDGE, OR AUTHORIZATION TO USER), OR NON-COMPANY PROVIDED EQUIPMENT OR DEVICES, PROGRAMS OR SERVICES.  SUBSCRIBER AND USERS HEREBY RELEASE COMPANY FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE SERVICE.  COMPANY’S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTION, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC.  THE LIABILITY OF THE COMPANY FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF, OR DISRUPTION OF SERVICE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR THE SERVICE DURING THE PERIOD SUCH DAMAGES OCCUR. THE COMPANY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE AND EQUIPMENT, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, AND/OR WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW.

7. USE OF SERVICE.

A. Subscriber insures that its Users shall comply with the terms and conditions set out in this agreement.

B. Subscriber and its Users shall not use or permit its end users to use the services in ways that violate laws, infringe the rights of others, interfere with our service or other service networks.  Subscriber is responsible for the knowledge of and adherence to any and all laws, statutes and regulations pertaining to or in any way connected with the services provided by the Company and all use of any information, data, material or service in violation of any such law, etc., is strictly prohibited.

C. By posting information in or otherwise using any communications, chat room, message board, news group, or other interactive service that may be available on or through this site, you agree that you, or any User accessing your account, will not upload, post, or otherwise distribute or facilitate distribution of any content including text, images, sounds, data, files, programs or other communications that; i. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive, tortuous,  or are violations of the Company’s rules or policies. ii. constitutes unauthorized or unsolicited advertising, bulk e-mailing, (spamming),  phishing (luring Internet users to a fake Web site by using authentic-looking e-mail with the real sites logo, in an attempt to steal passwords, financial or personal information, or introduce a virus attack; the creation of a Web site replica for fooling unsuspecting Internet users into submitting personal or financial information or passwords ), hijacking  (when malware like Spyware, adware, or a virus writes itself in a computer program so  that whenever the program is started, besides its normal duties it does other things too, which the creator or utilizer of the malware or virus intended, (e.g., redirects your browser to a site you have not chosen), engages in any form of illegal solicitation or trickery. iii. Impersonates any person or entity, including a representative of the Company, or misrepresent yourself in order to solicit or collect personal information.  You expressly agree that you will not solicit or collect personal information from a minor without prior, verifiable parental (legal) consent, and that you will in no way knowingly violate the rights of any child, or adult.

NOTE: The Company generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, news groups, or other interactive services that may be available on or through our site.  However, the Company and its Agents have the right to remove any content that in the Company’s judgment does not comply with these rules. The Company is not responsible for any failure or delay in removing such content.

D. Subscribers are allowed reasonable transfer of data.  If data transfers show constant use of point to point networks, bit torrent transfers, massive ftp up/download of files, etc. subscriber may be suspended.

E. Subscribers rights herein granted, cannot be transferred, assigned, shared, sold or used by anyone other than the Subscriber or Subscribers Associates, (e.g., family member or employee).   No more than one (1) connection to the services provided by the Company can be used at any time on any system account unless expressly set up by the Company to function as a multi-user account.

8. INSTALLATION.

Subscriber and any Users shall indemnify and hold harmless the Company and its agents and employees from and against any loss, cost, claim, liability, damage, or expense relating to or arising from installation of software on customers computer, or installation of other equipment necessary for service including antennas and cabling, without limitation.

9. BROADBAND AVAILABILITY.

The Company reserves the right to establish and enforce usage limits on the speed of uploads and downloads of any kind, and in all protocols, including without limitation; file downloads, (FTPs), web browsing, etc. on any wireless account.

10. SERVICE CALLS.

The Subscriber is responsible for the entire cost of service calls including labor, materials, and equipment for all failures which are deemed not the fault of the Company, including without limitation, acts of God, nature, war, riot or other unforeseeable failure of Subscribers service and/or equipment; this includes service calls to reinstall or reconfigure clients software/hardware. Service calls are charged at $150 per hour.

Accounts that are out of contract are subject to Service Call rate for replacement of cable/radio and will be charged new install fee.

11. DISPUTES.

In the event that the Company is required to engage the services of an attorney because of a breach by the Subscriber of any of the terms herein, or arising out of Subscribers use of services provided by the Company in any other manner, the Subscriber agrees to pay all of the Company’s reasonable attorney’s fees and court costs.  Upon breach of this contract, all of Subscribers rights and privileges shall be immediately terminated and all Subscribers fees shall be forfeited as liquidated damages to the Company.

12. QUALITY OF SERVICE

The Subscriber reserves the right to terminate service during the first thirty (30) days with no penalty fees or early cancellation fees* (see section 3.C.) if the quality of service does not meet the level of the service purchased.  Termination must be in writing, by either e-mail or postal mail. sales@stlbroadband.com   

     *Please note: The monthly service and installation fees are not refundable.  

13. LEGAL AGE.

The Subscriber certifies that (s)he is at least 18 years of age and can legally enter into a binding contract, or that a parent or guardian has given their express written consent. The parent or guardian acknowledges all responsibilities for their minor’s actions.

14. CONTRACTUAL AMENDMENTS.

The Company reserves the right to amend this contract from time to time, at its sole discretion, and any such amendments shall become effective upon their promulgation.

15. ENTIRE CONTRACT.

This contract represents the complete understanding between the parties as to the subject matter hereof and supersedes all prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreements between both parties