1. Acceptance

You will have accepted this Agreement and be bound by its terms if you use the services of Siuslaw Broadband or otherwise affirmatively accept such terms.

2.Billing

a. What you are paying for

You agree to pay all charges associated with the service, including, but not limited to, installation charges, monthly service charges, equipment charges, and any applicable local, state, or federal taxes.

b. How we bill you

Unless you are subject to a minimum term agreement, Siuslaw Broadband’s internet services are rendered on a month-to-month basis. In general, you will be billed monthly for recurring service and/or equipment charges, and any other fees. Your first bill will include any prorated charges from your first month of service in addition to the following month of service. Payment is due 14 days after the invoice date.

Some customers may elect to have their payments automatically charged to their credit or debit card. Setup of auto-pay may be accomplished over the phone or by accepting the auto-pay terms in the online control panel. Auto-pay customers will have their account debited 10 days before the due date of the invoice.

c. Alternative billing arrangements

On occasion, Siuslaw Broadband, at its sole discretion, may elect an alternative method of collecting payments. Any such alternative billing method will be detailed in an additional exhibit to this Customer Agreement.

d. Late Payments

You may be billed charges or fees in relation to late payments or non-payments if for any reason Siuslaw Broadband does not receive payment by the payment due date detailed on the invoice or less than the full amount due is paid.

e. Account Suspension

If no payment is made to the account within 30 days after the due date, all services will be suspended. Fees and other charges may apply to have the service reinstated. You give Siuslaw Broadband the right to attempt any and all collections efforts to recoup outstanding balances.

f. Termination for non-payment

If no payment is made to the account within 45 days after the due date, all services will be terminated. Any equipment not expressly sold to you is considered the property of Siuslaw Broadband and as such, must be returned. Failure to comply will result in additional fees and charges.

g. Collection Expense

On occasion, Siuslaw Broadband may elect to use a collection agency or attorney to collect money owed. The fees may included attorney’s fees, collection agency fees, and court costs and you agree to pay the reasonable costs of collection.

h. Credit Inquiries

You authorize Siuslaw Broadband, at its sole discretion, to make inquiries and receive information about your credit experience from others, to submit information to credit bureaus, and to disclose this information to appropriate third parties for reasonable business purposes.

3. Installation Fees and Deposits

Siuslaw Broadband may require the payment of installation fees and/or security deposits depending on the nature of the internet service.

4. Refund policy

Siuslaw Broadband bills during the month of use for internet service. Unless you are subject to a minimum term agreement, you may cancel your account at any time. Your service will terminate the month of your request and no further monthly invoices will be sent. We do not pro-rate the final month of service.

5. Limited Warranty

THE SIUSLAW BROADBAND EQUIPMENT AND THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SIUSLAW BROADBAND NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS WARRANT THAT THE SIUSLAW BROADBAND EQUIPMENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. NEITHER SIUSLAW BROADBAND NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.

6. Limitation of Liability

We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any cable signal at the transmitter; failure of a communications satellite; loss of use of poles, or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Services. In all other cases of an interruption of the Services, you shall be entitled upon a request made within sixty (60) days of such interruption, to a pro rata credit for any Service interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE. Any credits provided by Siuslaw Broadband are at our sole discretion and in no event shall constitute or be construed as a course of conduct by Siuslaw Broadband.

*Siuslaw Broadband reserves the right to modify this TOS at any time without prior notification to customers.