FIBER SERVICE AGREEMENT
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FIBER SERVICE AGREEMENT
1. GENERAL TERMS OF SERVICE.
The Agreement includes the general terms of service set forth below, as well as the additional terms of service applicable to the specific CEO Services and features to which you subscribe or have access, including internet service (“Fiber Internet Service”), support services and mobile apps, as are set forth below or at www.ceoetc.com/terms-and-policies and may be updated from time to time (collectively, the “Additional Terms of Service”), which are incorporated in this Agreement by reference. You further understand and agree that the Acceptable Use Policy (“AUP”), which governs the collection, use and disclosure of Customer personal information, is likewise incorporated herein by reference. AUP can be found at https://ceoetc.com/acceptable-use-policy/ For purposes of clarity, “Services” as defined herein excludes any services or equipment provided by CEO Security, which are covered by a separate agreement.
2. CHARGES AND BILLINGS.
A. Charges. The charges for one month of Services, including any deposits, activation, installation and Equipment charges, are due upon installation of the Services or such other date as agreed by CEO and You. Thereafter, Customer agrees to pay monthly recurring Service charges and Equipment charges (if any) in advance, taxes, regulatory fees and other government assessments no later than the date indicated on Customer’s bill. Charges for non-recurring Services or Equipment charges will be reflected on Customer’s subsequent bill at the then current applicable rates. All rates for Services, Equipment charges and other fees are subject to change in accordance with applicable law. If Customer elects to pay by automatic recurring credit card, debit card or automatic clearing house payments, Customer authorizes CEO to charge such accounts. If Customer elects to send a check as payment, Customer authorizes CEO either to use information from Customer’s check to make a one-time electronic funds transfer from Customer’s bank account or to process the payment as a check transaction.
Failure to receive a bill does not release Customer from Customer’s obligation to pay. Failure to pay the total balance when due (including checks returned for insufficient funds) shall constitute a breach of this Agreement and may be grounds for termination of Service, removal of Equipment from Customer’s premises and/or imposition of a late fee (“Late Fee”) in accordance with applicable law. You can avoid incurring Late Fees by paying your monthly bill promptly. Any Late Fee imposed on Customer is intended to be a reasonable advance estimate of costs of managing past due accounts. The Late Fee is not interest, a penalty, a credit service charge or a finance charge.
B. Taxes and Fees. You agree to pay any applicable taxes and fees.These include applicable federal, state, and local taxes and fees (however designated), fees to recoup governmental or quasi-governmental assessments on us, and cost recovery charges. These include fees for any governmental or public programs in which we participate, such as public, educational, and governmental access, telecom relay services, and programs supporting the 911/E911 system. YOU ARE RESPONSIBLE FOR PAYING ANY SUCH FEES AND TAXES (WHETHER IMPOSED ON YOU OR ON US), INCLUDING THOSE THAT BECOME APPLICABLE RETROACTIVELY.
C. Third-party charges are your responsibility. In addition to the amounts we charge, you may incur charges from third-party services providers. These third parties may charge you for access to online services, telephone-based services, or other offerings. You are solely responsible for these third-party charges, including any applicable taxes. If we have agreed to provide billing services on behalf of a third party, you agree to make these payments to us. We will not be responsible for any disputes between you and any third party regarding any third-party charges.
D. Changes to pricing, charges, and fees. Certain pricing, charges, and fees may change at any time and from time to time. In general, we will provide you with notice of any change in our standard prices or fees or new prices or fees. However, if there is a change in governmental or quasi-governmental taxes, fees, or assessments, or in any third-party charges billed through us, we may not provide notice unless required by applicable law.
E. Billing. CEO sends regular invoices via email on the 20th of the month. All invoices are due on the 1st of each month. If payment has not been received within 15 days of the original invoice date, CEO reserves the right to suspend and/or close the account until payment has been received in full. In the event an account is suspended, a $35.00 reconnect fee will be payable prior to restoration of service. In the event of a Non-Sufficient Funds (NSF) charge, there will be a $35.00 fee per NSF charge on the account, or the maximum allowable by law.
F. Payment methods. You may pay by credit card, debit card, or check, and we may change the payment methods we accept from time to time. Certain additional terms may apply depending on your selected payment method. If we do not receive your payment by the due date, you agree to pay any amounts due upon demand, regardless of your selected payment method. If you pay by check, you authorize us to collect your check electronically. You may not make restrictive endorsements (such as “paid in full”) or other statements or releases on or with checks or other payments accepted by us. If you do so, we may disregard the restrictive endorsement or reject the payment.
G. Late Payments. If, for any reason, we do not receive payment for the full amounts billed to you by the due date, you may be billed additional fees, charges, and assessments. We may accept a partial payment, but we still have the right to collect the full balance. We will apply any partial payment to outstanding charges in amounts and in the order we determine, in our sole discretion. We expect you to pay amounts due on a timely basis, and we do not extend credit to customers. Any fees, charges, and assessments due to late payment or non-payment will be difficult to calculate or predict, and are liquidated damages intended to be a reasonable estimate of our costs resulting from late payments and non-payments.
H. Reactivation Fee. If you fail to pay the full amount due for any or all charges, we may suspend or disconnect any or all of the Services without reducing fees or charges for the Services, in our sole discretion and subject to applicable law.
I. Billing Questions or Disputes. You may dispute charges on a bill or request billing credits. You must contact us within 60 days of the date on your bill, or you waive any disputes or credits, subject to applicable law and our binding legal obligations.
3. CHANGES TO SERVICES, RATES, CHARGES, AND THIS AGREEMENT.
A. Changes to Services, Rates, and Charges. We reserve the right to change the Services, rates, and charges at any time, with or without notice to you, to the extent permitted by applicable law. For example, we may delete or change functionality, features, rate limitations, available speeds, or Equipment. If we provide notice of such a change, it will be in accordance with Section 4(c), below. If any such change is material and negatively affects your Services, you have the right to cancel your Services; but you accept any such change if you continue to use or receive the Services for more than thirty (30) days after the change.
B. Data Overages. We apply a monthly data consumption threshold to internet accounts. We retain the right to trial or adopt different data consumption thresholds or other usage plans for the Service at any time. The table below outlines that data thresholds per existing, not all plans available in all areas. You can request your current data usage at any time by emailing firstname.lastname@example.org.
|25 Mbps||50 Mbps||100 Mbps||200 Mbps||400 Mbps||1000 Mbps|
|250 GB||250 GB||350 GB||Unlimited||1 TB||Unlimited|
C. Changes to this Agreement. We reserve the right to make changes to this Agreement. We may deliver any notice concerning our relationship with you and any change to our relationship, including notice of any change to this Agreement, in any one or more of the following ways (at our discretion): (a) post notice on ceoetc.com; (b) send notice by mail or hand delivery to your home or other property where the Services will be provided (the “Premises”); (c) send notice by email to the email address we have on file for your account; (d) include information about the change on or with your bill for the Services; or (e) use any other method of notice reasonably determined by us to result in your receipt of such notice. You agree that any one of these methods is sufficient and effective notice. It is your responsibility to check your postal mail, email, service texts, and postings at www.ceoetc.com.
If any material change to our relationship with you, including any material change to this Agreement, negatively affects your Services, you have the right to cancel your Services; but you accept any such change if you continue to use or receive the Services for more than thirty (30) days after such change.
4. ACCESS TO YOUR PREMISES.
To provide you with the Services, we may need to enter your Premises. We may have our agents enter your Premises on our behalf. You agree that we (or our agents) may enter your Premises at reasonable times to install, configure, maintain, inspect, upgrade, replace, and remove the Services.
You represent and warrant that you own the Premises or have obtained the authority to give us access to the Premises. If you do not own the Premises, you agree to supply the owner’s name, address, and phone number, and evidence that the owner has approved our access, upon request.
5. CUSTOMER EQUIPMENT AND INSIDE WIRING.
A. Customer Equipment. “Customer Equipment” means software, hardware, or services used in connection with the Services that we do not provide or lease. Customer Equipment also includes certain equipment that you purchase from us (or our agents) under an express sale agreement. Customer Equipment does not include CEO Equipment for which you have paid an Unreturned Equipment Fee (as defined in Section 8(C) below).
You agree that we may access your Customer Equipment in order to configure, maintain, inspect, or upgrade it, set up Services, or install or download software. For example, we may send software, downloads, or updates remotely to modems, gateways, or routers. These updates may change, add, or remove features or functionality of your Customer Equipment or the Services.
You represent and warrant that you own your Customer Equipment or have obtained the authority to give us access to your Customer Equipment. If you do not own your Customer Equipment, you agree to supply the owner’s name, address, and phone number, and evidence that the owner has approved our access, upon request.
B. Responsibility for Customer Equipment. We may certify certain Customer Equipment or recommend particular configurations. Any other Customer Equipment or configuration may not meet our minimum technical or other specifications (a “Non-Recommended Configuration”). We reserve the right to deny support for the Services, or terminate the Services, if you use a Non-Recommended Configuration. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT NON-RECOMMENDED CONFIGURATIONS, WHICH COULD CAUSE CUSTOMER EQUIPMENT TO FAIL OR OTHERWISE CAUSE DAMAGE. WE ARE NOT LIABLE FOR SUCH FAILURE OR DAMAGE.
C. Inside Wiring. Wiring inside the Premises, including additional cable wiring, telephone wiring, and outlets, is “Inside Wiring.” Inside Wiring must not interfere with the Services or the normal operations of our cable network. Upon your request, we can install, repair, or maintain Inside Wiring. If we perform this work, we will charge you for that service. Regardless of who installed it, the Inside Wiring is your property, or the property of whomever owns the Premises. If you do not own the Premises, contact your landlord or building manager about the installation, repair, or maintenance of Inside Wiring. We have no responsibility for the operation, support, maintenance, or repair of Inside Wiring, except as set forth below.
6. CUSTOMER PREMISE EQUIPMENT.
B. CPE Equipment Ownership. You expressly agree that you will use the CPE Equipment exclusively in connection with the Services. You agree that all CPE Equipment belongs to us and will not be deemed fixtures or in any way part of the Premises. We may remove or change the CPE Equipment at our discretion at any time the Services are active or following the termination of your Services. You acknowledge that any addition to, removal of, or change to the CPE Equipment may interrupt your Services. You may not sell, lease, abandon, or give away the CPE Equipment, or permit any other service provider to use the CPE Equipment, including CPE Equipment for which an Unreturned Equipment Fee has been paid. The CPE Equipment may only be used in the Premises unless expressly permitted by us. At your request, we may relocate the CPE Equipment for an additional charge. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE CPE EQUIPMENT OR SERVICES AT A LOCATION OTHER THAN THE PREMISES OR OTHERWISE EXPRESSLY AUTHORIZED BY US, THE SERVICES MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY. You agree that you will not allow anyone other than us or our agents to service the CPE Equipment. You are responsible for loss, repair, replacement, and other costs, damages, fees, and charges if you do not return the CPE Equipment to us in an undamaged condition.
For avoidance of doubt, CPE Equipment remains company-owned equipment, and company retains title to all CPE Equipment, at all times, including but not limited to after payment of an Unreturned Equipment Fee. “Unreturned Equipment Fee” refers to a fee charged by CEO to a subscriber for any unreturned CPE Equipment upon termination of the Services provided under this Agreement. The payment of an Unreturned Equipment Fee shall not result in a sale of, or the transfer of title to, any CPE Equipment, and such CPE Equipment shall remain the property of company, and company retains title to CPE Equipment at all times. CEO in no way relinquishes ownership of (including title to) CPE Equipment by the payment of an Unreturned Equipment Fee. Even if an Unreturned Equipment Fee has been paid, CPE Equipment shall not be resold, used, or operated in any manner. If you pay an Unreturned Equipment Fee and subsequently return the CPE Equipment undamaged (with the exception of normal wear and tear), you will be refunded your Unreturned Equipment Fee in full.
7. USE OF THE SERVICES.
The Services are for personal, residential, non-commercial use only, unless otherwise specifically authorized by us in writing.
We prohibit the following activities:
- Reselling the Services in whole or in part;
- Using the Services, directly or indirectly, for any unlawful purpose or in violation of any applicable policy that we make available to you;
- Using the Services to transmit, communicate, or store any information, data, or material in violation of any law, rule, or regulation;
- Tampering with, making any unauthorized connection to, or modifying any part of our cable network or the Services for any purpose;
- Attaching any unauthorized device to our fiber network or the Services; or
- Attaching anything to the Inside Wiring, the CPE Equipment, or Customer Equipment that impairs the integrity of our fiber network, that degrades our cable network’s signal quality or strength, or that creates signal leakage.
You agree not to engage in these or other similar prohibited activities, or help anyone else do so. You acknowledge that you are accepting this Agreement on behalf of all persons who use the Services at your Premises (or any other locations authorized by us). You are solely responsible for ensuring that all other users of the Services understand and comply with this Agreement and any applicable policies. You are liable for all authorized and unauthorized use of the Services. If the CPE Equipment has been stolen or the Services have been used without your authorization or in violation of this Agreement, you agree to notify us immediately in writing, or by calling 979-446-0054 during normal business hours.
If you violate this Agreement, or if you fail to notify us of unauthorized use in a timely manner, we may terminate the Services and recover damages. Since it would be difficult, if not impossible, to precisely calculate our lost revenue from unauthorized Services or tampering, you agree to pay $500.00 per device used to receive unauthorized Services as liquidated damages. These liquidated damages are in addition to our cost to replace any altered, damaged, or unreturned CPE Equipment, or other equipment owned by us, including any incidental costs. The unauthorized reception of the Services may also result in criminal fines and/or imprisonment, and we reserve the right to report any illegal activities to law enforcement.
In connection with your use of the Services, if you need to access third-party software or hardware, you will be subject to third-party terms and conditions.
Your use of certain Services may also be subject to acceptable use policies, available at www.ceoetc.com/terms-and-policies.
We may amend these policies and agreements from time to time, with or without notice to you. You should consult these policies and agreements regularly to comply with the most recent versions. We incorporate these additional policies and agreements (including any amendments) into this Agreement by reference. WE RESERVE THE RIGHT TO LIMIT OR BLOCK ANY SERVICE USAGE AS WE DEEM NECESSARY TO PREVENT HARM TO OUR NETWORK, FRAUD, OR OTHER ABUSE OF THE SERVICES, OR AS OTHERWISE PROVIDED BY LAW.
A. Customer Termination Process. If your Services are subject to a minimum term agreement, and you terminate all or any portion of the Services under the minimum term agreement before the end of the minimum term, you may be charged an early termination fee. Review your minimum term agreement for additional details.
If your Services are not subject to a minimum term agreement, you may terminate the Services and this Agreement for any reason at any time. You must notify us that you want to terminate in one of the following ways: (a) mail a written notice to our local business office; (b) send an electronic notice to the email address (email@example.com); or (c) call our customer service number during normal business hours (979-446-0054). Applicable fees and charges for the Services may accrue until the Services have been disconnected, all CPE Equipment has been returned, and this Agreement has been terminated, subject to applicable law or the terms of any agreements we have with governmental authorities. At our election, and subject to applicable law, we may change our policy to continue all Services (or any part of them) through the end of the billing cycle in which we received your notice, which means those Services will terminate at the end of the applicable billing cycle. We may refund all prepaid monthly service fees charged for the Services after the effective date of termination, and we reserve the right to subtract from your refund any outstanding amounts due to us for the Services, for any affiliate or third-party services, or for other applicable fees and charges. Certain fees and charges are non-refundable and are also excluded.
B. CEO Termination Process. Subject to applicable law, we reserve the right to immediately terminate or suspend the Services without notice for any reason or no reason. We also reserve the right to remove from the Services any information stored or transmitted by or to any users (e.g., email or voicemail). We may take these actions if we reasonably determine that your use of the Services: (a) violates this Agreement, any applicable policies, or any laws, rules, or regulations; (b) interferes with our ability to provide the Services to you or to others; or (c) interferes with or endangers the health or safety of our personnel or third parties, including if you threaten, harass, or use vulgar or inappropriate language toward our personnel. We have discretion in deciding whether and why to terminate or suspend Services. If we continue providing Services, this does not mean we have reviewed or approved any use of the Services, or any information transmitted through the Services.
C.Termination Obligations. You must cease all use of the Services as of the effective date of termination. You must pay in full for your use of the Services up to the date that this Agreement is terminated, and the Services are disconnected (subject to applicable law).
You must return all CPE Equipment to us at our local service center or to our designated agent within ten (10) days of the date on which the Services are disconnected. You must return the CPE Equipment in working order, with the exception of normal wear and tear. If you fail to return the CPE Equipment, we will charge you an Unreturned Equipment Fee. As the owner of the CPE Equipment at all times, we have the right to retrieve any equipment you fail to return. We (or our agents) may request access to your Premises to remove all CPE Equipment and other material provided by us during regular business hours at a mutually agreed upon time.
9. LIMITED WARRANTY.
TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR SERVICE PROVIDERS, AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS, OR BUSINESS PARTNERS (OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES) (COLLECTIVELY, THE “RELEASED ENTITIES”) WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED, UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
The limitations of liability in this Section apply to our acts, omissions, and negligence, and any acts, omissions, or negligence by a Released Entity which, but for the provisions of this Section, could give rise to a cause of action in contract, tort, or under any other legal doctrine.
YOU UNDERSTAND THAT OPENING, UPDATING, ACCESSING, OR USING CUSTOMER EQUIPMENT IN CONNECTION WITH THE SERVICES MAY VOID WARRANTIES PROVIDED BY THE MANUFACTURER OR OTHER THIRD PARTIES. NEITHER WE NOR ANY OF THE RELEASED ENTITIES WILL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF (A) THE VOIDING OF ANY SUCH WARRANTIES, OR (B) FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO THE CUSTOMER EQUIPMENT, EXCEPT DUE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY US OR A RELEASED ENTITY WE WILL PAY, AT OUR SOLE DISCRETION, FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $500. THIS WILL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.
Software or applications installed on your Customer Equipment, downloaded to your Customer Equipment, or available through the Internet may contain viruses or other harmful features. It is your sole responsibility to take appropriate precautions to protect your Customer Equipment. We may, but are not required to, terminate all or any portion of the Services if a virus or other harmful feature, bug, or software is present on your Customer Equipment and/or causes harm to the Services. We may, in our sole discretion, install or run software to check for viruses and other harmful features, including on your Customer Equipment. We make no representation or warranty that any virus check software will detect, correct, or resolve any or all viruses. You may incur additional charges for any service call related to a virus or other harmful feature detected on your Customer Equipment. WE AND THE RELEASED ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT.
As part of the installation process for software and other components of the Services, we may need to modify system files on CPE Equipment or your Customer Equipment. We may make these modifications in connection with installing software or applications or allowing access to our online portals. We make no representations, warranties, or covenants as to whether these modifications or this software will disrupt the normal operations of the Services or your Customer Equipment, including causing the loss of files. FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE MECHANISM. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP FILES. WE AND THE RELEASED ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA RESULTING FROM OUR MODIFICATIONS TO SYSTEM FILES AND/OR INSTALLATION OF SOFTWARE OR OTHER COMPONENTS OF THE SERVICES.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST US AND THE RELEASED ENTITIES FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE SERVICES AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY WILL BE TO TERMINATE THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT.
The Services are not fail-safe, and are not designed or intended for use in situations that qualify as “High Risk Activities.” High Risk Activities include activities requiring fail-safe performance, or where an error or interruption in the Services could lead to severe injury to businesses, persons, property, or the environment. High Risk Activities also include vital business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risk of any damages resulting from use of the Services in connection with High Risk Activities.
We will 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 immediate control, including (but not limited to) the following: (a) causes attributable to you, your Customer Equipment, your Premises, your property, or third parties, including our inability to access your Premises or any third-party negligence or willful misconduct; (b) failure of any signal or satellite, loss of use of poles or other utility facilities, or any failure or reduction of power; (c) labor disputes, riot or insurrection, war, explosion, malicious mischief, fire, flood, lightning, earthquake, weather conditions, or other acts of God; or (d) 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 may request a pro rata credit for any Service interruption exceeding twenty-four (24) consecutive hours after the interruption is reported to us (or another period of time provided by law). You must request a pro rata credit within 30 days of the Service interruption. Unless required by law, your pro rata credit will not exceed your fixed monthly charges for the Services that month. Your pro rata credit will exclude 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, A CREDIT WILL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICES. Any additional credits, if any, are provided by us at our sole discretion and will not constitute, or be construed as, a course of conduct.
Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that we may use third parties to provide the Services. This may include third-party services, equipment, infrastructure, or content. We are not bound by any undertaking, representation, or warranty made by an agent, or employee of ours, or of our underlying third-party providers and suppliers in connection with the installation, maintenance, or provision of the Services if that undertaking, representation, or warranty is inconsistent with the terms of this Agreement. We are not responsible for and have no liability with respect to any services, equipment, infrastructure, and content that are not provided by us, or the performance (or non-performance) of third-party services, equipment, infrastructure, or content, even if they are components of the Services. You should address questions or concerns relating to third-party services, equipment, infrastructure, and content to the corresponding third-party provider. We do not endorse or warrant any third-party services, equipment, infrastructure, or content that are distributed or advertised over the Services.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, WE AND THE RELEASED ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT OR CONTRACT): (1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH CUSTOMER EQUIPMENT OR THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, OR DELAYS IN TRANSMISSION); OR (2) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE SERVICES OR THE CUSTOMER EQUIPMENT BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
This Agreement sets forth your sole and exclusive remedies. Some of the above limitations on our liability may not apply if your state does not allow the exclusion or limitation of implied warranties or does not allow the limitation or exclusion of incidental or consequential damages. In those states, our liability and the liability of any Released Entity is limited to the maximum extent permitted by law.
All representations, warranties, indemnifications, and limitations of liability contained in this Agreement will survive termination of this Agreement. Any other obligations hereunder will also survive if they relate to the period before termination or if, by their terms, they would be expected to survive termination.
10. LIMITATION PERIOD.
11. BINDING ARBITRATION.
Any Dispute involving you and us shall be resolved through individual arbitration as described in this Section (the “Arbitration Provision”). In arbitration, there is no judge or jury, and there is less discovery and appellate review than in court.
Definitions. This Arbitration Provision shall be interpreted broadly. “Dispute” means any and all claims or controversies related to us or our relationship, including, but not limited to, any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims or controversies that arose before this Agreement or any prior agreement; (3) claims or controversies that arise after the expiration or termination of this Agreement; and (4) claims or controversies that are the subject of purported class, collective, or representative action litigation. As used in this Arbitration Provision, “us” and “we” means CEO Cable Communications, LLC and any of its parents, subsidiaries, and other affiliates, each of their respective predecessors, successors, and assigns, and each of their respective officers, directors, employees, and agents; and “you” means you and any users or beneficiaries of the Services.
Exclusions. NOTWITHSTANDING THE FOREGOING, THE FOLLOWING DISPUTES WILL NOT BE SUBJECT TO ARBITRATION: (i) DISPUTES RELATING TO THE SCOPE, VALIDITY, OR ENFORCEABILITY OF THIS ARBITRATION PROVISION; (ii) DISPUTES THAT ARISE BETWEEN US AND ANY STATE OR LOCAL REGULATORY AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL, STATE, OR LOCAL LAW TO GRANT A FRANCHISE UNDER 47 U.S.C. § 522(9); AND (iii) DISPUTES THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.
IF YOU DO NOT WISH TO ARBITRATE DISPUTES, YOU MAY DECLINE TO HAVE YOUR DISPUTES WITH US ARBITRATED BY NOTIFYING US, WITHIN 30 DAYS OF YOUR FIRST SERVICE ACTIVATION, IN WRITING BY MAIL TO: CEO TECHNOLOGIES, 3001 EARL RUDDER FREEWAY SOUTH. COLLEGE STATION, TX 77845, ATTN: ARBITRATION. ANY SUCH WRITTEN NOTIFICATION TO US MUST INCLUDE YOUR NAME, SERVICE ADDRESS, AND CEO ACCOUNT NUMBER, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE SERVICES PROVIDED BY US. IF YOU HAVE PREVIOUSLY OPTED OUT OF ARBITRATION WITH RESPECT TO THE ACCOUNT GOVERNED BY THIS AGREEMENT, YOU DO NOT NEED TO DO SO AGAIN. BUT YOU MUST SEPARATELY OPT OUT FOR EACH ACCOUNT UNDER WHICH YOU RECEIVE SERVICES. ANY OPT-OUTS SUBMITTED AFTER THIS 30-DAY PERIOD WILL NOT BE EFFECTIVE AND ALL DISPUTES WITH US WILL BE ARBITRATED.
Either you or we may initiate an arbitration proceeding by opening a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-7879). You may deliver any required or desired notice to us by mail to: CEO TECHNOLOGIES, 3001 EARL RUDDER FREEWAY SOUTH. COLLEGE STATION, TX 77845, ATTN: ARBITRATION.
Notwithstanding anything in this Arbitration Provision to the contrary, either you or we may elect to have a Dispute heard in a small claims court in the area where you receive(d) Services from us, if the claim(s) underlying the Dispute is not aggregated with the claim(s) of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to the most recent version of its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA Rules, this Arbitration Provision shall govern. If the AAA will not administer a proceeding under this Arbitration Provision as written, you and we shall agree on a substitute arbitration organization. If you and we cannot agree, you and we shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision, as written, applying the AAA Rules. A single arbitrator will resolve the Dispute. Unless you and we agree otherwise, any arbitration hearing will take place at a location convenient to you in the area where you receive Services from us. If you no longer receive Services from us when you notify us of your Dispute, then any arbitration hearing will take place at a location convenient to you in the county where you reside when you notify us of your Dispute, provided that we offer Services in that county, or in the area where you received Services from us at the time of the events giving rise to your Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
Waiver of Class, Collective, and Representative Actions/Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED (I) ON A CLASS ACTION, COLLECTIVE ACTION, OR OTHER JOINT OR CONSOLIDATED BASIS, OR (II) ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM, AND THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OTHER JOINT OR CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS WAIVER OF CLASS, COLLECTIVE, OTHER JOINT OR CONSOLIDATED, OR REPRESENTATIVE ACTIONS AND RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
Arbitral Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA Rules. If your claims seek less than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be our responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules, and you shall reimburse us for all fees and costs that were your obligation to pay under the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs. You may only recover your attorneys’ fees and costs in the arbitration if the arbitration is decided in your favor and to the extent that you could have recovered those fees in court in accordance with the law or statute(s) that apply to the case. Notwithstanding anything in this Arbitration Provision to the contrary, we will pay all fees and costs that we are required by law to pay.
Survival. This Arbitration Provision shall survive the termination of your Services with us.
12. WAIVER OF JURY TRIAL.
WHETHER ANY DISPUTE IS RESOLVED IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN RELATION TO THE DISPUTE.
14. MONITORING AND RECORDING.
You agree that we (and our agents) may monitor and record any telephone calls or other voice communications, data, or images transmitted between: (1) us and our agents, and (2) you, your agents, any user of your Services, your Customer Equipment, or any user of any phone numbers associated with your account.
15. INTELLECTUAL PROPERTY RIGHTS.
All Services, information, documents, materials, firmware, and software we provide are protected by trademark, copyright, patent, and other intellectual property laws and international treaty provisions. You are granted a revocable license to use our firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You have no other license to use firmware or software embedded in or used to provide the Services. You must not take any action nor allow anyone else to take any action that will reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.
All of our and our affiliates’ websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “Marks”) are and will remain our and our affiliates’ exclusive property. Nothing in this Agreement grants you the right or license to use any of the Marks.
16. REPRESENTATIONS AND WARRANTIES.
You represent and warrant that you are at least 18 years of age and that you have provided us with information that is accurate, complete, and current.You must provide us with your accurate, complete, and current legal name, address (including apartment, unit, suite number, etc., where applicable), telephone number(s), the number of devices on which or through which the Services are being used, and payment information. You must also provide accurate information when authorizing recurring payments. You agree to promptly update your contact information to keep it accurate and complete. YOU ARE RESPONSIBLE FOR MAINTAINING THE ACCURACY OF YOUR INFORMATION, EVEN AFTER TERMINATION OF THIS AGREEMENT, UNTIL YOU PAY ALL AMOUNTS DUE AND RETURN ALL CPE EQUIPMENT. FAILURE TO DO SO IS A BREACH OF THIS AGREEMENT. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT. You represent and warrant that you will comply with all applicable laws, including export rules.
17. CONSENT TO COMMUNICATIONS.
You agree that CEO or third parties acting on CEO’s behalf may call or text you at any telephone number that you provide to CEO or that CEO issues to you, and may do so for any purpose relating to your account and/or the Services to which you subscribe. You expressly consent to receive such calls and texts and agree that these calls and texts are not unsolicited. You understand and acknowledge that these calls and texts may entail the use of an automatic telephone dialing system and/or artificial or prerecorded messages. If you do not wish to receive these communications, you may email us at firstname.lastname@example.org to manage your communications preferences. You understand and acknowledge that this is the exclusive means of opting out of such communications. You may not opt-out of receiving certain communications pertaining to your account, including but not limited to communications regarding emergencies, fraud or other violations of law, security issues, and harm caused to the network. Message frequency depends on your activity with your Services. Message and/or data rates may apply.
18. INFORMATION PROVIDED TO THIRD PARTIES.
You may not assign your right to use the Services without our authorization. You may not assign your rights and obligations under this Agreement. We may freely assign this Agreement, any of our rights and obligations, or any debt you owe us, without notifying you.
20. RETENTION OF RIGHTS.
21. ENTIRE AGREEMENT.
22. CONTACT INFORMATION.
If our local office cannot resolve your problem to your satisfaction, you may write to the CEO management offices at CEO TECHNOLOGIES, 216 WEST 26TH, BRYAN, TX 77803, ATTN: MANAGEMENT.
General Contact information: Please email us at email@example.com or call (979)446-0054
If you experience a problem with your Services, please contact us first and give us an opportunity to resolve your problem.
SERVICE FEE SCHEDULE
The Service Fee Schedule apply to your use of any or all Services provided by Computer, Electronics, Office Etc. (“CEO”), and its affiliates and subsidiaries authorized to provide the services set forth herein. CEO reserves the right to change all Service Fee, with or without notice to you.
- Late Payment: $10
- Reactivation Fee: $35
- Non-Sufficient Funds (NSF) charge: $35
- Unreturned Equipment Fee: $350
- Data Overages: $15/GB per 50 Mbps
- Unlimited Data Add-On Fee: Varies per region