Service Subscriber Agreement

This Service Subscriber Agreement (“Agreement"), is between HEARTLAND FIBER, INC. ("HFI") and the end user (“Customer”) of High-Speed Internet (“HSI”) Service and the other HFI services, software, or equipment described below.  Please review this Agreement carefully as it governs your use and HFI’s provision of HSI Service and related software and equipment, if any.

BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR HFI SERVICE(S), YOU ARE AGREEING TO THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT, EVEN IF YOU CHOOSE NOT TO READ IT.

HFI will provide, and you will purchase, HFI Service.  HFI makes no warranty or guarantee that HSI service will be uninterrupted or error-free, or that it will operate at any average, maximum, or minimum speed.  HFI reserves the right to limit speeds, either generally or for particular content types. 

HSI Service may not be available in all areas or at the rates or speeds generally marketed.  The speeds available at your location are those that were quoted to you during the ordering process.  The HSI Service speeds that have been quoted to you represent a theoretical maximum that may be experienced; they are not guaranteed average or minimum speeds.  The availability of HSI Service depends on many factors.  HSI Service will not be provided to you if the necessary facilities are unsuitable or if the provision of HSI Service creates interference with other services.  The speed and availability of HSI Service, which are not guaranteed, may be limited by a variety of factors, including but not limited to any or all of the following: bandwidth or capacity, Internet congestion, the physical condition of your line and associated wiring and facilities, your location, computer performance or configuration, viruses or spyware, server speeds of the web sites you connect to, the capacity of and congestion on any network or networks used by you, and your computer settings.

As part of your agreement, HFI will provide equipment for your HSI Service.  You will allow HFI’s equipment to be located on your property or premises for the purpose of providing HSI Service.  There will be a deposit taken and a monthly fee charged for the provision and use of HFI’s equipment, as provided for in the attached fee schedule.  HFI has the right to change its fee schedule after providing you written notice 30 days prior to any such fee schedule change.  The equipment provided is the property of HFI and must not be accessed, altered, or modified in any unauthorized manner.  If the equipment is accessed, altered, or modified in any unauthorized manner after installation by HFI, you may be liable for HFI’s cost in repairing, replacing, or servicing the equipment.  Any unauthorized actions taken by you with respect to HFI’s equipment may result in your HSI Service being suspended or terminated.  If HFI’s equipment is suspected of causing an interruption in your HSI Service, you are obligated to allow HFI personnel access to your premises upon reasonable notice and at reasonable hours for necessary troubleshooting and repairs.  You are responsible for any damage to HFI’s equipment resulting from your negligence or willful conduct, including failure to take reasonable precautions for protecting HFI’s equipment. 

You are required to provide, install, and maintain, at your expense, certain items that are needed for HSI Service, including, without limitation: an appropriate and suitable operating environment, sufficient space, suitable power, power wiring and outlets, housing, heat, light and ventilation, and necessary computer and hardware for establishing a local area network, such as routers, switches, and personal computers, to the extent necessary.  If you use any personal equipment in connection with HSI Service that has been supplied by any person other than HFI, HFI, its subcontractors, affiliates, suppliers, and agents will not be responsible or liable if you cannot access or use your HSI service, if such service does not function correctly or at all, or if your equipment, software, peripherals, data or other property is damaged. The limitation of liability stated above in this paragraph is in addition to any other limitation of liability set forth in this agreement and will not limit or restrict any other limitation of liability.  If HFI personnel are called out to perform service for issues with your HSI service, and HFI’s equipment is found to be in good working order, you will be charged for the service call pursuant to HFI’s fee schedule.

HFI is not obligated to give you notice of changes to this Agreement or the HSI Service, except as provided herein.  Subject to any applicable rules or laws, HFI may do any of the following at any time, effective upon any written notice to you, which may be given by e-mail: (i) stop offering any or all Services, Equipment, or Software to you; (ii) modify your HSI Service; or (iii) modify any of the terms and conditions of this Agreement.  Please check regularly for notification of changes.  Your continued use of any Service, Equipment, or Software will constitute acceptance of any actual or proposed changes in the terms and conditions described above. If you do not agree to any actual or proposed change you must immediately stop using the Service, Equipment or Software in question and must cancel your HSI Service by notifying HFI.

Charges may apply for certain maintenance, trouble isolation, and support services, particularly if a technician is dispatched.  Charges may be per technician and may include a minimum charge regardless of the actual number of hours worked.  HFI will notify you of any applicable charges upon request before you incur the charges.  If you report trouble and a technician is dispatched, you may pay a dispatch charge, unless the trouble is caused by HFI or its equipment or facilities. You will also be required to pay a dispatch charge if a technician is dispatched and: (i) you are not present to provide the technician with all necessary access, information or assistance; or (ii) you have failed to give HFI the required notice of a change in schedule, resulting in the technician having to make an additional trip.  In either of the foregoing cases, additional dispatch charges may be imposed for later trips.  Any requested repairs to your facilities or equipment are not included in the dispatch fee and will be charged on a time-and-materials basis. 

Charges are billed monthly or otherwise periodically according to a schedule to be determined by HFI.  You will pay all billed charges by the due date set forth in your billing statement, which may include a late charge.  HFI reserves the right to modify its late-payment policies and to increase its late fees upon 30 days’ notice to you.  You will provide to HFI all information necessary for HFI to provide and bill for Services, Equipment, and Software. All information that you provide to HFI must be correct and complete.  You will promptly notify HFI whenever your billing information or other relevant personal information changes.  If you elect to pay by credit card, you must notify HFI directly of any changes to your credit card, including, without limitation, the card number, expiration date, billing address and card status.  False or incorrect information may result in the delay or suspension of service.  If you have a billing dispute you must notify HFI as soon as possible and, in any event, within 60 days after receiving the bill that you are disputing.  You will be charged all applicable late fees, which may be imposed on a monthly basis.  You will be liable to HFI for all costs and expenses incurred by HFI to recover any amounts that you do not pay when due, including attorneys' fees, costs of locating you, process service fees, and court costs.

Either party may terminate this Agreement and your use of the Services by giving not less than 30 days ' written notice of termination.  HFI may terminate, or at its discretion, suspend this Agreement, your account, and your use of HSI Service without notice if you fail to pay any charges when due, or if HFI believes you or someone using your account has violated this Agreement. HFI may notify you of any violations resulting in the termination of your account but is not required to do so.  When an account has been terminated or suspended, the reactivation of the account or the acquisition of a new account will only be allowed with the express approval of HFI. HFI may impose reasonable charges for activating a new account or re-activating an old account after termination.  Within 30 days after termination of your HSI Service you must return your leased Equipment.  If you fail to do so, HFI may do any or all of the following: (i) charge you a reasonable unreturned Equipment charge; (ii) charge you the full retail price of the Equipment; or (iii) continue charging you the monthly lease charge for the Equipment until HFI receives the Equipment from you.

You assume all responsibility for use, results of use, and performance of the service, software and equipment, and your use of and access to all the foregoing are at your own risk.  You will not use the service, software, or equipment for any illegal activities.  HFI and its subcontractors exercise no control over and disclaim any responsibility for the content created or accessible using the service, software or equipment, including internet content.  HFI recommends you do not use the service, equipment or software in high-risk activities where an error could cause damage or injury.  HFI will have no liability, obligation, or responsibility arising in connection with the acts and omissions of third-party providers, suppliers and other persons.  HFI will have no liability, obligation or responsibility if any changes in the service, equipment, or software require further equipment changes, degrade service or equipment performance, or make equipment obsolete.

You agree to indemnify, defend, and hold harmless HFI and its affiliates, contractors, subcontractors, officers, directors, employees, or agents from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees and punitive damages arising from you, or any other person who uses your HSI Service: (i) violating of any provision of this Agreement; (ii) installing, modifying, or using of any Service, Software or Equipment; (iii) defaming or invading the privacy of others; (iv) infringing of patents or other intellectual property rights; or (v) injuring the person or damaging the property of others through your negligence or fault.

This Agreement and all claims, actions and proceedings arising in connection with this Agreement will be governed by Illinois law, without regard to its conflict of laws rules.  The parties agree that any action related to this Agreement brought by any of the parties shall be venued in Woodford County, Illinois.  If a party files a judicial or administrative action asserting a claim related to this agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, in litigating the action.  By this Agreement, both you and HFI waive the right to a jury trial and you waive any right to pursue any claims on a class basis, on a consolidated basis, or in a representative capacity.

If any term of this Agreement is held invalid, illegal or unenforceable, such term will be construed as nearly as possible to reflect the original intent of the parties, and the remaining terms will remain in effect.  Neither party's failure to insist upon strict performance of any provision of this Agreement will be construed as a waiver of any rights hereunder.  All terms of this Agreement that, because of their nature, might reasonably be expected to survive the termination of this Agreement will so survive.  As used in this Agreement, "including" means "including without limitation."  HFI will not be liable for any delay or failure to perform its obligations hereunder if and to the extent such delay or failure is caused by a Force Majeure Event.  This Agreement, including any documents incorporated herein by reference, constitutes the entire agreement between you and HFI with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements or understandings relating to the subject matter hereof.