Texhoma Wireless, LLC


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Terms of Service Agreement

Last Updated: 09/24/2018

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 update shall be available at www.texhomawireless.com/legalities.html. 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.

Indemnification/Release

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.

Disclaimer

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 its 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.

Binding Arbitration

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 determined 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.

Customer Agreement

The customer agrees that they will read and understand this policy and the 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.

Entire Agreement

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.

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

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, advertising, etc.) is prohibited.

Usernames, passwords and email addresses at http://www.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.