Terms of Service
Last Updated:  09.05.2008

Introduction

These Terms of Service (TOS), along with our Acceptable Use Policy (AUP), and Billing Policy, both herein incorporated by reference, provide a set of policies and conditions that bind us. These Terms of Service is between Higher-Speed Internet, LLC, d/b/a Higher-Speed (hereinafter “Higher-Speed,” "Company," "we," "our," or "us") and you, our customer (hereinafter "Customer," “Subscriber,” "you," or "your").

For questions, comments or suggestions, please contact us at:

HIGHER-SPEED INTERNET
P.O. Box 220
Edgewood, NM 87015
Office phone: 505-867-3298
Fax number: 505-212-0000
www.higherspeed.net
info@higherspeed.net

BY ACCESSING OR USING THIS WEBSITE, OR ENGAGING US FOR SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF SERVICE.

The Plain Meaning

We bet you hate legal contracts as much as we do. Unfortunately, our attorneys insist we adopt legal-sounding mish-mash to protect the company.  So, if you’re a glutton for punishment (our attorney says we need to advise you to read the whole agreement) go ahead.  For those of you who like the “Cliff Notes,” here’s the basic gist:

  • You won’t use our services for illegal purposes.

  • You’re never stuck with us, and can leave at any time.

  • To ensure quality bandwidth to all customers on our network we reserve the right to contact and/or temporarily data limit clients whose total usage reaches 250gb or more. This policy is in place to provide adequate bandwidth for all clients on our network.

  • Our responsibility is to provide you with outstanding service and keep the equipment running, although because we’re human and make mistakes and are subject to random acts of strangeness, we can’t promise 100% uptime. We’ll do our best, though!

  • Your responsibility is to pay us, on time, although because you’re human and make mistakes and are subject to random acts of strangeness, we shouldn’t be shutting down your services the first time your payment is a couple of minutes late.

  • We’re not responsible for your misdeeds or harms stemming from your use of our services, and you’re not responsible for our misdeeds or harms stemming from our providing services.

  • We cannot guarantee the safety of your data, files or email.  You should take all appropriate measures to safeguard your important information from viruses, accidental deletion and misappropriation.

Why the lawyers can’t speak in such simple terms is beyond us, but oh … our attorney said to say that the language below overrides any conflict between our gist above, and the legal-sounding mish-mash below.

General Definitions

The term "authorized account member" refers to Subscriber and other persons permitted use of the Subscriber's account under the terms of this Agreement. The term "company host" refers to the computer facilities directly operated by Company at its place of business. The term "service period" refers to the length of time the subscriber has paid for.
”Services” means any and all functionality, advice, consulting or other work or efforts expended, loaned, leased, rented, given or otherwise provided to you by Higher-Speed, whether over the Internet or otherwise.

Terms and Conditions

  1. All services provided to authorized account members by Higher-Speed, either through access to the Internet or locally on our computers (i.e. email servers), may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of an US federal or state regulations or law is prohibited. This includes, but is no limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.  Higher-Speed may, from time to time, impose additional restrictions on the use of services.  Users will be notified of such additional restrictions, in advance, only if possible.

  2. You are responsible for adherence to any rules and regulations pertaining to the communications means by which any authorized account member connects their computer to the Internet, Higher-Speed computers or any other service provided by Higher-Speed.

  3. Higher-Speed provides wireless service within its coverage areas, and provides no warranty or guarantees that wireless access is within, or will remain within, the area or local area provided to Subscriber.

  4. Subscriber and account access is subject to our billing polices and procedures.

  5. You agree to abide by our Acceptable Use Policy (AUP).

  6. You agree that Higher-Speed has the right to delete all data, files or information that is stored in all relevant accounts on Company computers, if your account with the company is terminated for any reason by either you or us.  Furthermore, we are not responsible for lost, stolen, misplaced or misrouted email.

  7. ACCOUNTS ON HIGHER-SPEED COMPUTERS CANNOT BE TRANSFERRED OR USED BY ANYONE OTHER THAN AUTHORIZED ACCOUNT MEMBERS. USE OF THIS ACCOUNT BY PERSON OR PERSONS NOT AUTHORIZED BY COMPANY IS STRICTLY PROHIBITED.  ACCOUNTS WHICH HAVE BEEN TRANSFERRED TO OTHER PARTIES, OR SHOW OTHER ACTIVITY IN VIOLATION OF THIS AGREEMENT, ARE SUBJECT TO IMMEDIATE TERMINATION. THE COMPANY RESERVES THE RIGHT TO MAINTAIN LOGS OF ACCOUNT ACTIVITY AND TO USE SAID LOGS FOR THE PURPOSE OF DETECTING USAGE IN VIOLATION OF THIS CONTRACT.

  8. Service provided by Company can be canceled at any time by either you or us, with written notice sent by you to the address of Company listed in this Agreement, or by us, with written notice of the reason for termination sent to your last mailing address listed with Company.  It is your responsibility to keep us informed of your current mailing address and email address.

  9. You certify that you are at least 18 years of age.  Furthermore, you certify that the legal names of all persons to be accepted by Company as authorized account members are provided to Company. You further certifies that all authorized account members are related by blood or marriage, and living at the same permanent residence as you.

  10. Use at your own risk.  You agree to hold Company harmless for any offensive material that could be viewed by any authorized account member under the age of 18.  Furthermore, you agree to indemnify and hold harmless Company from any claims resulting from the use of Services by any account member which causes damage to the account member, Subscriber, or another party or parties.  Company does not censor information obtainable on the Internet for reasons of content.

  11. You certify that neither you, nor any other account member, has been convicted of violation of any US Federal or state regulation involving either the illegal use of any regulated telecommunications facilities or illegal distribution of copyrightable material.  Furthermore, you certify that neither you, nor any other account member, has been removed from any other facility accessing the Internet for cause other than non-payment or voluntary cancellation by you.

  12. LIMITED WARRANTY. COMPANY WARRANTS THAT, IF A SUBSCRIBER IS DISSATISFIED WITH THE SERVICE, SUBSCRIBER CAN CANCEL THEIR SERVICE AT ANY TIME, WITHOUT REFUND OR PENALTY. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY COMPANY REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, SERVICES PROVIDED BY COMPANY, AND COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (B) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  13. LIMITED LIABILITY. ANY LIABILITY OF COMPANY, INCLUDING WITHOUT LIMITATION AND LIABILITY FOR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT SERVICE PERIOD.

  14. Use of Services constitutes your acceptance of these terms and conditions.

  15. Complaints.  Unless required by law, we respond to third-party complaints or notices by submitting the information to you and asking you to respond appropriately.  We do not monitor email of our customers, nor take responsibility for the content or information contained in email. In limited situations, as outlined in these Terms of Service, we will review email or logs to validate compliance with our AUP.  We will use our best judgment in determining the sufficiency and adequacy of subpoenas, and you agree we are not liable to you in instances where we comply with a subpoena, and it later turns out the subpoena was improper, not legally sufficient or not adequate.

  16. Severability. In the event any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force.

  17. Governing Law. This Agreement shall be construed in accordance with the laws of the State of New Mexico, excluding conflict of laws provisions, applicable to agreements made and fully performed therein.

  18. Waiver. The failure by either you or us to enforce, at any time, any of the provisions of this Agreement, or to exercise any election or option provided herein, shall in no way be construed as a waiver of such provisions or options, nor in any way to affect the validity of this Agreement or any part thereof, or the right of either you or us, thereafter to enforce each and every such provision.

  19. Force Majeure. Either party will be excused from any delay or failure in performance hereunder, caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, disruptions of Internet service, and governmental requirements. The obligations and rights of the party so excused will be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay; provided that such party will give notice of such force majeure event to the other party as soon as reasonably possible.