First $25.00 Tax Free Internet Billing
Sec. 151.325. BASIC FEE FOR INTERNET ACCESS SERVICE.
(a) The sale, use, or other consumption in this state of Internet access service is exempted from the taxes imposed by this chapter in an amount not to exceed the first $25 of a monthly charge.
(b) The exemption provided by this section applies without regard to:
(1) whether the Internet access service is bundled with another service, including any other taxable service listed in Section 151.0101(a); or
(2) the billing period used by the service provider.
(c) The exemption in this section applies to the total sales price the service provider charges for Internet access to a purchaser, without regard to whether the service provider charges one lump-sum amount or separately bills the purchaser for each user.
Added by Acts 1999, 76th Leg., ch. 394, Sec. 6, eff. Oct. 1, 1999.
Terms and Agreement
Wireless Internet Service Agreement
By establishing an account or using the Services of Texhoma Wireless, LLC, you agree to be bound by this Agreement and to use the Service in compliance with this Agreement, our Acceptable Use Policy and other policies.
The following terms and conditions shall apply to customers subscribing to Texhoma Wireless, LLC Internet Service. This Agreement is part of and shall be incorporated into the Acceptable Use Policy. In utilizing Texhoma Wireless, LLC Internet Service, Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy and this Agreement as Texhoma Wireless, LLC 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. In the event that any portion of this agreement is altered or changed by Texhoma Wireless, LLC, the latest shall be available at www.texhomawireless.com . Changes shall be effective when posted. Customer agrees to review the Wireless Internet Service Agreement available at that site from time to time to be aware of any changes.
Billing is done once per month; full payment is due net 30 days from the date of the invoice. Payments can be mailed to our office. We will only give account information to the registered account holder. Please make sure to add a spouse's name to the application if you want them to have access to change the account in any way.
Payment Policies and Terms
Payment by subscriber shall be due to Texhoma Wireless, LLC, net 30 days from the date of the invoice. A five dollar ($5.00) late payment fee shall be assessed on any account not paid within fifteen (30) days from the due date of the invoice. Accounts remaining unpaid for thirty (30) days or more shall be deemed delinquent. Delinquent accounts shall accrue speeds cut down to dial up speeds until the account is caught up. Accounts that have two (2) delinquent imvoices will have the services to the Subscriber/Customer suspended until the account is paid in full. For any subscriber's account that has been placed on suspended service, Texhoma Wireless, LLC reserves the right, at its sole discretion to charge a twenty five dollar ($25.00) reconnection charge to the customers account to reactivate the subscriber's Services after the reconnection charge has been paid. In the event any balance is not paid as agreed, Texhoma Wireless, LLC has the right to collect all equipment at the Subscriber/Customer premise. If Texhoma Wireless, LLC is unable to collect the equipment then Subscriber/Customer agrees to pay two hundred dollars (&200.00) for the cost of the equipment.
A Twenty-Five Dollar ($25.00) fee will be added to the subscriber account in the event of any back returned check. In the event that more than one check is returned during the lifetime of the Subscriber/Customer's account, we will only accept cash, credit card or certified funds for payment on the account.
Texhoma Wireless, LLC reserves the right to terminate this Agreement and your account, or your use of the Internet Service, at any time, for any reason without prior notice, including, but not limited to, if Texhoma Wireless, LLC, 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. Texhoma Wireless, LLC 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 Service, but is not required to do so.
Termination by Texhoma Wireless, LLC for violations of Texhoma Wireless, LLC's Acceptable Use Policy shall be subject to the termination fee as described above.
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, an additional fee will be required for said equipment and any additional labor not included with the standard install. Additional labor is billed at $100.00.
Equipment and Scope of Work
All equipment, modems, subscriber modules, antennas and standard mounting equipment furnished by Texhoma Wireless, LLC will at all times remain the property of Texhoma Wireless, LLC. 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 Texhoma Wireless, LLC in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes Texhoma Wireless, LLC to retrieve from Subscriber's premises equipment that is owned by Texhoma Wireless, LLC.
Texhoma Wireless, LLC connection point ends at the end of the cable that we install into your house. 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 Texhoma Wireless, LLC's network and backbone connectivity.
If your connection ceases to function properly but Texhoma Wireless, LLC'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 Maintenance section, a fifty dollar ($50.00) fee will be charged. Texhoma Wireless, LLC does not work on our own Subscriber/Customer's network. If we plug our laptop into our cable and it works then Texhoma Wireless, LLC deems it to be the problem of the Subscriber/Customer network.
Not Covered by Standard 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 Subscriber's computer and/or peripheral equipment, including routers, which are considered customer owned equipment, or from any cause related to or other than the intended ordinary use. Antenna re-aiming or relocation due to obstructions such as trees, vegetation or buildings, or storm related damage. Any re-aiming or relocation of antennas, or reconstruction of tower/mast assemblies will be the responsibility of Texhoma Wireless, LLC.
Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release Texhoma Wireless, LLC, 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 Texhoma Wireless, LLC's services hereunder including but not limited to, Subscriber's access to content uploaded or downloaded using Texhoma Wireless, LLC's service from any source or to any recipient. Subscriber further releases Texhoma Wireless, LLC from any responsibility or liability related to the accuracy, quality for confidentiality of any information available by or through Texhoma Wireless, LLC' systems and/or the wireless network. Subscriber's release of Texhoma Wireless, LLC includes any actions or inaction by Texhoma Wireless, LLC which amount to negligence. Subscriber further agrees to indemnify and hold harmless Texhoma Wireless, LLC from and against any and all claims, actions, causes of action, loss or damages including attorney fees which in any way arise from Subscriber's installation of, use of, termination of, Texhoma Wireless, LLC' services herein.
Texhoma Wireless, LLC assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via Texhoma Wireless, LLC' services. Texhoma Wireless, LLC discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Texhoma Wireless, LLC which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to, pornographic, or otherwise inappropriate or sexually explicit offensive content. Subscriber acknowledges to Texhoma Wireless, LLC that its use of Texhoma Wireless, LLC' service to access information, content or other services is at it's own risk.
Governing Law and Venue
The laws of the State of Texas 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 Wichita County, Texas.
Any dispute, claim or controversy, excluding debt collections disputes and activities, arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determied by binding arbitration. Judgement on the Award may be entered in any court having jurisdiction. The judgement of any such Arbitration shall be binding unto the parties.
The customer agrees that they will read and understand the checklist, FAQ and Won't do and Acceptable Use Policy sections of the Texhoma Wireless, LLC website. The customer assumes all liability of providing a computer or device capable of using the IP protocol over Ethernet.
This Agreement, in combination with the Acceptable Use Policy and other policies posted directly and publicly on the Texhoma Wireless, LLC website, constitute the entire Agreement between the parties and no other representations or statements will be binding upon the parties. If any part of this 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.
Residential Packages are for single-family residence and/or home-office use only. Internet sharing is allowed only within the boundaries of the residence. Business Packages are for a single business or hotel property only. WiFi sharing with guests or customers of businesses or hotels is permitted when the business's guest or customer is at the business or hotel location, but not with anyone not on the property of the business. Allowing others to use this connection via wired, wireless (Wi-Fi or other technology) or by other means will result in immediate disconnection. Reselling this service will result in immediate disconnection. However, businesses may set up a Wi-Fi hotspot with permission from Texhoma Wireless, LLC. This is only allowed on a case-by-case basis.
Using a personal account for high volume or commercial use (e.g., revenue generation, advertsing, etc.) is prohibited.
Monitoring of Service
Texhoma Wireless, LLC has no obligation to monitor the Service, but may do so from time to time. Texhoma Wireless, LLC will not disclose any personal or identifiable information to any other party unless it is legally obligated to do so, including, but not limited to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly, or to protect itself and its interests.
Texhoma Wireless, LLC may immediately remove your material or information from Texhoma Wireless, LLC's servers, in whole or in part, which Texhoma Wireless, LLC, in its sole and absolute discretion, determines to infringe on another party's proprietary rights or to violate our Acceptable Use Policy.
Abuse of Service
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, viruses, spyware, adware or the use of the network to make unauthorized entry to any other computer systems, Texhoma Wireless, LLC equipment, or other communication devices or resources of others is a violation of this agreement. The use of Texhoma Wireless, LLC's services by Subscribers to modify, alter, reverse engineer, decompile disks, 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. Failure to obey all terms set forth in the Acceptable Use Policy is a violation of this Agreement. Any Subscriber deemed by Texhoma Wireless, LLC to be in violation of this section is subject to immediate termination by Texhoma Wireless, LLC. Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages.
Additional Clarifications, Terms and Conditions
Usernames, passwords and email addresses at TexhomaWireless.com are Texhoma Wireless, LLC's property and Texhoma Wireless, LLC may alter or replace them at any time.
Texhoma Wireless, LLC 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, term contracts may be canceled without penalty.
Texhoma Wireless, LLC cannot be held liable for any type of loss, whether actual or perceived, due to a lack of service.
Subscribers understand that service will be interrupted from time to time for various reasons including maintenance, upgrades and power outages. There will be no warning for some outages.