Residential Fiber Internet Sign Up

AGREEMENT
By signing this document, Customer agrees to subscribe to HAXTUN’s High-Speed Internet Service identified hereon, in accordance with the terms and conditions set forth below, subject to acceptance by HAXTUN. HAXTUN will give Customer thirty (30) days’ advance notice in writing of any changes in the terms and conditions of this agreement. Customer hereby agrees to accept such future changes as amendments to this agreement. If Customer does not notify HAXTUN in writing, within thirty-five (35) days of the date of such advance notice, that Customer does not accept one or more of the changed terms and conditions. If Customer gives notice in writing that Customer does not accept certain changed terms or conditions, HAXTUN has the option to rescind the proposed change or cancel Customer’s service.

CONTRACT PERIOD
The initial period shall commence on the first day that Customer receives service (prorated charges and applicable dates are shown under “non-recurring charges” in the “charge detail” section of Customer’s first bill). If Customer discontinues service, there may be remaining monthly recurring charges. If any company equipment has not been returned by the customer, applicable charges will be applied to the final bill.

BILLING OF SERVICE
Customer agrees to pay the amount stated on the front of this agreement by the due date shown on Customer’s monthly bill. Monthly recurring charges are billed one month in advance. The installation fee, any applicable equipment charges, prorated monthly recurring charges from date of installation, and monthly recurring charges for the first full month of service will be included in the initial billing. If Customer’s installation fee and/or recurring charges are paid in advance, that amount will be credited to Customer’s first bill. Customer is responsible for all charges within the terms and conditions set forth in this agreement.
All bills are due and payable on or before the 20th of each month. If Customer’s payment is received after that date, a delinquent notice will be mailed to Customer indicating a disconnection-of-service date. If Customer does not pay such amounts when due, Customer may be billed a late payment charge up to the maximum allowed by law. Any promotional rate (promo) or special pricing will be terminated for the remainder of the contract term due to any disconnect for non-pay.

DISCONNECTION OF SERVICE
Customer may discontinue service upon written notification to HAXTUN, after which Customer will still be subject to payment of all applicable charges. No initial charges shall be refunded once HAXTUN has accepted this contract. HAXTUN has the right to discontinue Customer’s service without notice if payment is more than approximately 30 days in arrears, if Customer fails to honor the terms of this agreement, if Customer violates the rules or regulations of the Federal Communications Commission (FCC), or if Customer uses the designated service for unlawful or prohibited purposes. If Customer’s service is disconnected for nonpayment of Customer’s bill, a reactivation fee may apply if the service is resumed. Customer will be liable for any costs (including reasonable attorneys’ fees) relating to collection of the amounts owed.

SERVICE LEVEL AGREEMENT
Based upon network availability, HAXTUN’s High-Speed Internet Service is a “best efforts” service that can provide Downstream speeds ranging from 150 Mbps to 1 GIG Mbps, based upon the package selected by Customer. The actual speeds experienced by customers may vary and depend on several factors, including, but not limited to, customer location, destination on the Internet, traffic on the Internet, interference with a high frequency spectrum on the customer’s telephone line, and other devices that may be attached to the same cable pair. No minimum level of speed is guaranteed.

UNLAWFUL OR PROHIBITED SERVICE USE
Customer is personally responsible for all use of the service under Customer’s ID, even if a second party is allowed to use the ID. Enrolling or using any ID on the service under a name other than that to which the ID is assigned is prohibited. Customer agrees that HAXTUN’s High-Speed Internet Service and Customer’s ID will not be used for illegal, fraudulent, abusive, or otherwise prohibited purposes. If HAXTUN has reason to believe the service provided is being used for unlawful or prohibited purposes, HAXTUN may discontinue or deny the service and/or report such use to law enforcement authorities. HAXTUN provides High-Speed Internet Service on a retail basis to Customer. Customer agrees to utilize the service exclusively and to not provide access to third parties, either through “sharing” or “resale.” Provision to a third party of Web Page Hosting and Caching is prohibited with Customer’s HAXTUN’s High-Speed Internet Service connection. Any offering of services prohibited within this agreement would be a breach of this agreement, and termination of the High-Speed Internet connection would occur upon determination of these services being offered.

DAMAGE TO RENTAL EQUIPMENT
Customer agrees to protect any and all equipment owned by HAXTUN and placed at Customer’s site for provision of this service. Customer agrees to not alter, tamper with, or remove the equipment from the address noted on this agreement, nor to allow others to do so. Customer shall promptly notify HAXTUN of any damage to the equipment. Neither this agreement nor the equipment rented is transferable by Customer. If Customer sells, vacates, rents or sublets the property wherein the equipment is installed, Customer shall inform HAXTUN at least five days prior to such change. Upon discontinuance of service by either party, this rental agreement shall terminate, and all equipment hereunder shall be immediately returned to HAXTUN. Customer agrees to pay all costs to repair any damages, other than normal wear, and the cost of replacing any missing components. Customer agrees to pay reasonable attorneys’ fees and costs incurred in enforcing the terms of this agreement. If the equipment is destroyed beyond repair due to neglect, abuse, fire, or acts of God, Customer agrees to pay full retail replacement cost for destroyed equipment.

HOLD HARMLESS AGREEMENT
HAXTUN expressly disclaims and shall not be liable to the customer for any and all losses or liabilities resulting from, but not limited to: (1) loss of data, (2) loss of hardware or software, (3) access delays or access interruptions, (4) computer viruses, (5) data non-delivery and or data misdelivered, (6) negligent acts and or omissions of HAXTUN Communications and or its affiliated companies, (7) errors, omissions, or misstatements in any or all information, goods, or services obtained on or through HAXTUN, and (8) acts of God. Customer agrees that HAXTUN’s entire liability, and customers exclusive remedy, with respect to use for the service, service software, and any breach of this agreement is strictly limited to a prorated portion of the amount paid to the provider for monthly charges.

ACCEPTABLE USAGE POLICY
Terms and conditions governing HAXTUN’s Internet Access Service (Service) can be found at www.haxtuntel.net. These terms and conditions will constitute a binding contract (Agreement) between you and HAXTUN Internet (HAXTUN).

PO BOX 25 125 East Fletcher Haxtun, CO 80731
Effective 05-17-2023