First Texas Broadband

Terms of Service

BY USING ANY OF THE FIRST TEXAS BROADBAND SERVICES (INCLUDING, WITHOUT LIMITATION, WIRELESS INTERNET ACCESS SERVICES, SOFTWARE, EMAIL SERVICES AND ANY SERVICES PROVIDED ON ANY OF THE WEB SITES MANAGED OR OWNED BY FIRST TEXAS BROADBAND (COLLECTIVELY, THE "FIRST TEXAS BROADBAND SERVICE OR SERVICES")), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE ACCEPTABLE USE GUIDELINES FOR THE FIRST TEXAS BROADBAND SERVICE, THE SOFTWARE LICENSE AGREEMENT AND THE FIRST TEXAS BROADBAND PRIVACY STATEMENT WHICH ARE REFERRED TO COLLECTIVELY AS THE "RULES".

IF YOU DO NOT AGREE TO BE BOUND BY THE RULES, YOU SHOULD DISCONTINUE REGISTRATION, OR YOUR USE OF, THE FIRST TEXAS BROADBAND SERVICES. YOUR FIRST TEXAS BROADBAND ACCOUNT WILL NOT BE ACTIVATED OR YOUR SERVICE WILL BE TERMINATED.

The most current version of the Rules may be found at http://www.1txbb.net/ (the "FIRST TEXAS BROADBAND Site"). Please review the Rules at the FIRST TEXAS BROADBAND Site prior to accessing the FIRST TEXAS BROADBAND Services since the Rules may have changed since the date of production of this software. FIRST TEXAS BROADBAND may change the Rules and the scope of the FIRST TEXAS BROADBAND Services, in whole or in part, at any time. Posting of the updated Rules at the FIRST TEXAS BROADBAND Site will constitute notice to you of any such changes, although FIRST TEXAS BROADBAND may choose other types of notice for certain changes. Changes will be effective upon notice, although FIRST TEXAS BROADBAND will use reasonable efforts to provide you with thirty days advance notice of material changes that adversely impact you. Your continued use of the FIRST TEXAS BROADBAND Services following notice constitutes your acceptance of all changes, and each use of the FIRST TEXAS BROADBAND Services constitutes your reaffirmation of your acceptance of the Rules. If you do not agree to changes to the Rules or the scope of the FIRST TEXAS BROADBAND Services, your sole and exclusive remedy will be to terminate your use of FIRST TEXAS BROADBAND Services, although if you have a prepaid account you will not have the right to terminate your use of the FIRST TEXAS BROADBAND Services unless the change is material and adverse to you.

1.0 General

The Rules are your entire agreement with FIRST TEXAS BROADBAND and govern your use of the FIRST TEXAS BROADBAND Services. FIRST TEXAS BROADBAND reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules or which FIRST TEXAS BROADBAND believes in its sole discretion to be illegal or potentially harmful to others or may expose FIRST TEXAS BROADBAND to harm or liability. FIRST TEXAS BROADBAND may suspend or terminate your use of FIRST TEXAS BROADBAND Services for any reason at any time, including if it determines that you have failed to comply with any of the Rules. FIRST TEXAS BROADBAND reserves the right to take or terminate the use of any user name or email address at any time.

FIRST TEXAS BROADBAND Services. FIRST TEXAS BROADBAND offers a variety of services, including Wireless Internet access services. FIRST TEXAS BROADBAND retains the right at its discretion to make changes to the FIRST TEXAS BROADBAND Services, including its fees and billing methods and the amount of time a user may access the Internet for free or for a specified fee, or to discontinue some or all of the FIRST TEXAS BROADBAND Services. FIRST TEXAS BROADBAND retains the right to change, suspend or terminate your use of the FIRST TEXAS BROADBAND Service at any time for any reason, without notice, and nothing herein shall be construed to limit that right. If you have elected a prepaid, extended service agreement with FIRST TEXAS BROADBAND, you may have rights to a refund as outlined in the Rules.

* Collection and Use of Personal Information

FIRST TEXAS BROADBAND will collect, store, compile and utilize information about you, your computer, and your use of the FIRST TEXAS BROADBAND Services including, without limitation, information that you provide in response to FIRST TEXAS BROADBAND questionnaires, surveys and registration forms. FIRST TEXAS BROADBAND will not provide this information to third parties including advertisers, clients, marketing organizations and others. FIRST TEXAS BROADBAND will not disclose your name, address, telephone number, credit card number(s), e-mail addresses or other personal identifying information to third parties other than those acting on behalf of FIRST TEXAS BROADBAND, unless you give FIRST TEXAS BROADBAND consent to do so or except as may be required by law. Please refer to the Privacy Statement for the FIRST TEXAS BROADBAND privacy policies and information practices.

2.0 Your Obligations

* Charges and Billing.

By using FIRST TEXAS BROADBAND Services, you agree to accept the fees you may incur as a result of using FIRST TEXAS BROADBAND Services, including but not limited to, fees for supplemental services, such as additional bandwidth, or features and purchases made through the use of FIRST TEXAS BROADBAND Services. You will be notified of any applicable fees prior to incurring liability for such fees and, by providing your billing information, you agree that you are liable for payment of such fees. FIRST TEXAS BROADBAND reserves the right to change its fees or billing methods at any time and FIRST TEXAS BROADBAND will provide thirty days notice of any such changes in the same manner as described above for changes in the Rules and/or scope of FIRST TEXAS BROADBAND Services. If you do not like these changes, you may stop using the FIRST TEXAS BROADBAND Services at any time; however, you will not be entitled to receive a refund for the charges you have already incurred and you are responsible for timely payment of such amounts (including any applicable late fees). In the event you have prepaid for an extended period of time and we either terminate your FIRST TEXAS BROADBAND Service or we make a material change to the FIRST TEXAS BROADBAND Service that adversely impacts you and elect to terminate the FIRST TEXAS BROADBAND Service, as your sole and exclusive remedy you will be entitled to a refund for amounts prepaid to cover future periods from the date of termination. The amount prepaid will be based on the average monthly cost over the service period. If you pay for our services on a monthly basis, you will not be entitled to a refund if you elect to terminate your account, although FIRST TEXAS BROADBAND will provide you with a pro rata refund for the remainder of the month if FIRST TEXAS BROADBAND terminates your account. If you select a recurring FIRST TEXAS BROADBAND Service, you hereby authorize FIRST TEXAS BROADBAND to charge the credit card number you provided to FIRST TEXAS BROADBAND for such fees on a recurring or automatic basis, including additional services, such as additional bandwidth charges. You acknowledge and agree that FIRST TEXAS BROADBAND will not obtain any additional authorization from you for this recurring payment. Every time you use FIRST TEXAS BROADBAND Services, you re-affirm that FIRST TEXAS BROADBAND is authorized to charge your credit card/debit card or use ACH to auto draft funds from your checking account. If you have any billing-related questions or want to stop a recurring payment from being charged to your credit card account, call our toll-free number (1-888-771-TXBB). Some fees that you may incur using the FIRST TEXAS BROADBAND Services may accumulate on your FIRST TEXAS BROADBAND account before they are charged to your credit card. Once the charges appear on your credit card, you are responsible for payment of such charges. FIRST TEXAS BROADBAND will assess a late fee of 1.5% per month (or the highest amount permissible by law, whichever is less) if your payment is more than 30 days past due. You will be liable for any fees FIRST TEXAS BROADBAND incurs in its efforts to collect any unpaid balances from you. Any billing problems or discrepancies must be brought to FIRST TEXAS BROADBAND attention by you within 90 days from the date you are billed. If you do not bring them to FIRST TEXAS BROADBAND's attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies with FIRST TEXAS BROADBAND. If FIRST TEXAS BROADBAND receives a check from you, and this check is returned to FIRST TEXAS BROADBAND by the bank, then you are liable to be charged a returned check fee of $29.00. FIRST TEXAS BROADBAND may suspend or terminate your use of the FIRST TEXAS BROADBAND Services if you fail to provide a valid credit card number or checking account information for ACH upon request or if FIRST TEXAS BROADBAND is unable for any reason to bill your credit card or debit your checking account for the fees you have incurred. You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children and other members of your family. This means that, unless your bank account or credit card information is obtained unlawfully or fraudulently by someone other that those authorized to use your account, you will be responsible for all usage and purchases under your account. You may obtain pricing information for supplemental services or features, as well as answers to common billing questions by going to the FIRST TEXAS BROADBAND Site.

* Minors.

If you are less than 18 years old but older than 12 years old, you should obtain your parent's permission to use the FIRST TEXAS BROADBAND Services. You may not obtain an account for FIRST TEXAS BROADBAND Services unless you are at least 18 years old, and you represent that you are at least 18 years old by signing up for such services. If you are less than 13 years old, you are not allowed to use the FIRST TEXAS BROADBAND Service without your parent's consent. If you are a parent permitting a minor to use FIRST TEXAS BROADBAND Services, you agree to (i) exercise supervision over the minor's use of FIRST TEXAS BROADBAND Services and access to the Internet, (ii) assume all risks associated with the minor's viewing of content received through use of FIRST TEXAS BROADBAND Services and the minor's transmission of materials, content, or information to another person via the Internet, (iii) assume any and all liabilities resulting from the minor's use of FIRST TEXAS BROADBAND Services, including any and all payment obligations. FIRST TEXAS BROADBAND might provide information on the FIRST TEXAS BROADBAND Site regarding parental control software available through various third party vendors, but you should know that such software is not completely effective in preventing minors' access to material that is unsuitable for children. FIRST TEXAS BROADBAND does not endorse any of these third parties and makes no representation as to them or their software.

* Registration Information.

You must register for FIRST TEXAS BROADBAND Services using your own name. During registration, you will be asked to provide the name or number you wish to use as your login identification. If the login identification you request is not available you will be asked to supply another login identification. FIRST TEXAS BROADBAND reserves the right to verify the accuracy of the information you submit in connection with your registration for FIRST TEXAS BROADBAND Services (including, without limitation, performing cross tabulations with external databases) and you hereby consent to FIRST TEXAS BROADBAND's verification of such information.

* Bypassing or Disabling Any Portion of the FIRST TEXAS BROADBANDS Services or Software.

If you bypass or disable any portion of the FIRST TEXAS BROADBAND Services or software, including, without limitation, attempts to circumvent FIRST TEXAS BROADBAND's billing of your Services in any way, you are in violation of these Terms and Conditions and we may suspend or terminate your use of FIRST TEXAS BROADBAND Services without notice. Termination of your FIRST TEXAS BROADBAND Services will not excuse you from any criminal or other civil liabilities that may result from your actions. If your FIRST TEXAS BROADBAND Service is terminated for any reason you will be unable to access your FIRST TEXAS BROADBAND account, including any undelivered email messages in your FIRST TEXAS BROADBAND email account.

* Accessing FIRST TEXAS BROADBAND Services.

Depending on which FIRST TEXAS BROADBAND Service(s) you select, FIRST TEXAS BROADBAND may lease a wireless modem, antenna and splitter to you. You are responsible for ensuring that no physical damage, accept normal wear, occurs to these devices that are owned by FIRST TEXAS BROADBAND. If physical damage occurs as a result of your actions, you will be responsible to pay FIRST TEXAS BROADBAND a fee of $US650.00 regardless of whether you continue service. If the leased equipment fails or is damaged, for a reason other than your actions, FIRST TEXAS BROADBAND will replace your leased equipment free of charge for the life of your Service with FIRST TEXAS BROADBAND. Upon termination of your Service(s) with FIRST TEXAS BROADBAND you agree to return or allow access for a FIRST TEXAS BROADBAND employee to collect all equipment leased to you within seven (7) days of your account termination. If you fail to return or allow access you will be billed and you are liable to pay FIRST TEXAS BROADBAND for equipment loss in the amount of US$650.00. Not under any circumstances will the setup fee be applied towards equipment fees. All setup fees are to cover installation costs and provisioning costs and are non refundable, except when relating to FIRST TEXAS BROADBAND thirty day money back guarantee as defined on FIRST TEXAS BROADBAND web site. Upon removal, whether during the 30 day money back guarantee or after this period, FIRST TEXAS BROADBAND, will leave the cabling in place from the antenna and modem to the computer and FIRST TEXAS BROADBAND will not patch any holes. This is done because the customer may want to reactivate services at a later date.

* Responsibility of FIRST TEXAS BROADBAND Technicians.

FIRST TEXAS BROADBAND technicians will install your modem and antenna, in a professional manner, at a location that is agreeable you to, provided however, FIRST TEXAS BROADBAND is still able to deliver service at the installation location. FIRST TEXAS BROADBAND technicians will route a cable from the outside modem and antenna to your computer. They will not be required however, to access the attic, under the premises or to route the cable through walls. In a typical installation environment, the cable will be routed along the outside of the house in a neat and clean fashion and go through one exterior wall to connect to the computer. In some cases, the FIRST TEXAS BROADBAND technician may deem it best to route the cable through an attic or under the premises, however they are not required to do so and an additional fee may apply for extraordinary installations. FIRST TEXAS BROADBAND agrees to inform the customer of any additional fees prior of any work being started. In the installation process, damage may occur to the premises, including but not limited to, breaking of roof tiles. The technician will attempt to repair any damage at that time, including replacing of broken tiles, provided that the customer has spare tiles available. In the event that the damage cannot be repaired immediately FIRST TEXAS BROADBAND, will make arrangements for repairs to be completed as soon as possible. FIRST TEXAS BROADBAND reserves the right to use which ever outside company, if repairs require it, that FIRST TEXAS BROADBAND sees fit. FIRST TEXAS BROADBAND will be responsible for returning the premises back to the original condition before the damage occurred provided the customer allows FIRST TEXAS BROADBAND or its contractors access to repair such damages.

* Responsibility of CUSTOMER during installation.

After scheduling installation of FIRST TEXAS BROADBAND service, if customer desires to cancel or reschedule installation they must notify FIRST TEXAS BROADBAND customer service 24 hours before the scheduled installation. In the case that customer is calling outside business hours customer must leave a voicemail stating their desire to cancel or reschedule installation. Failure to provide notification to FIRST TEXAS BROADBAND customer service 24 hours prior to scheduled installation will result in a $25.00 rescheduling fee which will be charged to customer Credit Card or checking account or customer will be invoiced if they have selected to pay by Check.

* Use of your FIRST TEXAS BROADBAND Account.

You are responsible for all use of your FIRST TEXAS BROADBAND Services and for the security of your login identification, your password and any security lock code that you use to protect access to your data, FIRST TEXAS BROADBAND personal profile, your file name(s) and files, network and user access, and any information you disseminate through use of FIRST TEXAS BROADBAND Services or through other Internet services. You may not transfer or permit any other person to use your FIRST TEXAS BROADBAND account.

* No Resale of FIRST TEXAS BROADBAND Services and FIRST TEXAS BROADBAND Site.

The FIRST TEXAS BROADBAND Services are for personal use of registered users only and may not be copied, resold, leased, transferred, exchanged or bartered.

* Transmission and Receipt of Content.

FIRST TEXAS BROADBAND exercises no control over the content of information passing through its network or equipment. Disputes may arise between you and others or between you and FIRST TEXAS BROADBAND related to such content or commerce. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the content of information that you transmit, re-transmit or receive through FIRST TEXAS BROADBAND's network or equipment are your sole and exclusive responsibility.

* Email.

You may not incorporate a third party's trademark within your FIRST TEXAS BROADBAND email address without permission of the trademark owner. Files attached to email messages may not exceed 5 megabytes and FIRST TEXAS BROADBAND shall have no obligation to transmit files exceeding 5 megabytes attached to email messages transmitted to or from your account. Your mailbox account storage may not exceed 25 megabytes and FIRST TEXAS BROADBAND shall have no obligation to allow your account to exceed 25 megabytes. Once your mailbox account storage reaches 25 megabytes you will not receive any additional email messages and FIRST TEXAS BROADBAND may, without notice, terminate your FIRST TEXAS BROADBAND email service and delete any or all email stored in your mailbox account. If your FIRST TEXAS BROADBAND Services or FIRST TEXAS BROADBAND email service is terminated you will be unable to access any email messages in your FIRST TEXAS BROADBAND email account.

* Indemnification of FIRST TEXAS BROADBAND.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FIRST TEXAS BROADBAND AND ITS PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF FIRST TEXAS BROADBAND SERVICES THROUGH THE FIRST TEXAS BROADBAND ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM FIRST TEXAS BROADBAND'S OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF FIRST TEXAS BROADBAND SERVICES PROVIDED TO YOU.

3.0 Termination and Cancellation

Either you or FIRST TEXAS BROADBAND may terminate or cancel your account at any time. Except as specified herein, you will not be entitled to a refund for any prepaid amounts. Other than to receive a return of refundable prepayments, cancellation is your sole remedy with respect to any dispute with FIRST TEXAS BROADBAND. This includes, but is not limited to, any dispute regarding the FIRST TEXAS BROADBAND Services, the Rules and the enforcement or interpretation of the Rules, FIRST TEXAS BROADBAND's policies and practices including our privacy policy, your ability to access the FIRST TEXAS BROADBAND Services, the content available on the FIRST TEXAS BROADBAND Services, and any matters relating to billing. You can cancel your FIRST TEXAS BROADBAND Services by following the instructions on the FIRST TEXAS BROADBAND Site. The Terms and Conditions on the FIRST TEXAS BROADBAND Site will contain a current phone number to cancel your billing service.

4.0 Warranty Disclaimers

YOU ACKNOWLEDGE THAT FIRST TEXAS BROADBAND SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE FIRST TEXAS BROADBAND SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF FIRST TEXAS BROADBAND SERVICES OR THAT FIRST TEXAS BROADBAND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FIRST TEXAS BROADBAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE , MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. FIRST TEXAS BROADBAND DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE FIRST TEXAS BROADBAND SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT FIRST TEXAS BROADBAND WILL SERVICE OR HAVE ADEQUATE CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA.

5.0 Limitation of FIRST TEXAS BROADBAND's Liability

IN NO EVENT SHALL FIRST TEXAS BROADBAND BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT FIRST TEXAS BROADBAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. FIRST TEXAS BROADBAND SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL FIRST TEXAS BROADBAND'S LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO FIRST TEXAS BROADBAND. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE FIRST TEXAS BROADBAND SERVICES MAY BE BROUGHT BY YOU OR FIRST TEXAS BROADBAND MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, FIRST TEXAS BROADBAND's liability shall be limited to the greatest extent permitted by law.

6.0 Policy to Terminate Use of Services for Copyright Infringement

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, FIRST TEXAS BROADBAND will terminate the account of any subscriber who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to FIRST TEXAS BROADBAND and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, FIRST TEXAS BROADBAND will terminate the infringing subscriber's account. FIRST TEXAS BROADBAND may also in its sole discretion decide to terminate a subscriber's account privileges prior to that time if it has good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c), FIRST TEXAS BROADBAND has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. FIRST TEXAS BROADBAND respects the intellectual property of others, and we ask our subscribers to do the same.

7.0 Miscellaneous

* Liability Limitation.

FIRST TEXAS BROADBAND shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control.

* Entire Agreement.

These Rules (as may be modified by updated Rules on the FIRST TEXAS BROADBAND Site) together constitute the sole agreement between FIRST TEXAS BROADBAND and you respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that you have read the Rules and understand and accept their terms.

* Legal Actions.

These Rules will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. The exclusive personal jurisdiction of and venue for all disputes arising out of these Rules shall be the state and federal courts located in Rockwall,Texas USA and you consent to such exclusive jurisdiction and waive all objections to such jurisdiction and venue.

* Severability.

If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.

* No Waiver.

Any failure of FIRST TEXAS BROADBAND to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules.

8.0 How to Contact Us

A list of ways to contact FIRST TEXAS BROADBAND is available on our Contact Page