Hinton CATV Company
dba X-Stream Services Company
Internet Access Service
Important: By signing up, using, or otherwise accessing the services provided by X-Stream Services Company,
hereinafter referred to as “internet access service”, you implicitly agree to be bound by the terms of this agreement.
This agreement may affect your rights, so you should read it carefully. Use of our services requires your acceptance of
this agreement, and it may be modified at any time without prior notice from us.
- Installation And Service:
Terms: X-Stream Services Company shall install or arrange installation of products and services as set forth on the XStream Services Company Internet Order Form. All installation fees, charges for additional hardware and recurring
service fees for the first indicated period on the order form are due and must be paid at the time service installation
is complete. Customer shall provide all necessary preparations required to ensure proper installation, maintenance
and operation of all the circuit; and will provide X-Stream Services Company (and its representatives and suppliers)
all reasonable access to Customer’s premises and telephone equipment to perform any acts pursuant to this
agreement. Customer is responsible for Professional Installation fees, and all costs of wiring beyond the point of
demarcation (the “demarc”) as outfitted in 1(b), and for relocation of services once installed.
Inside Wiring: The demarc will be determined in the course of installation; any wiring performed beyond this point is
considered “inside wiring.” On a line-shared ADSL/VDSL or Broadband circuit, inside wiring is normally unnecessary.
X-Stream Services Company (and its representatives) will do the minimum amount of inside wiring work necessary
and feasible to complete a Professional Install if one is ordered. In some cases, Customer will need to procure
special permission, insurance, and/or a 3rd party contractor to complete inside wiring; any fees and costs thereof are
separate from X-Stream Services Company fees and charges, and X-Stream Services Company will not provide any
credit, reimbursement, or discount for them.
Professional Install: Customer will pay a Professional Install Fee, which carries a one-time $50.00 cost, if a Six Month
Contract is signed. If the Customer does not sign the Six Month Contract, the full Professional Install charge of $200
will be applied. X-Stream Services Company will exercise reasonable effort to arrange these appointments when
convenient for the Customer. X-Stream Services Company reserves the right to charge a Cancellation Fee prorated
based on the time left on the One Year Contract signed.
- Term of Agreement:
This agreement shall have a term of Six Months, unless a different term is agreed upon in writing or set forth on the
X-Stream Services Company DSL or Broadband Internet Order Form. This term shall commence on the date of
installation completion and shall thereafter automatically renew for successive equivalent or monthly terms as
applicable, unless terminated as set forth therein or unless written notice of non-renewal by either party is delivered
to the other party at least thirty (30) days prior to the end of the then current term.
If the Customer moves during the term of this agreement and would like to relocate the service, Customer must
place a relocation request with X-Stream Services Company as soon as possible. This request must contain the
requested date of the service termination, plus the address and phone number of the new location if possible and
the prospective move-in date. Upon receiving a written or email relocation request from Customer, X-Stream
Services Company will place a “move order” for the location. The Service must be maintained at the old address
until the Service has been delivered to the new address. All applicable early-termination fees will be charged. If X-
Stream Services Company and its agents are unable to provide service to Customer’s new location, the Agreement
shall terminate and the Early Termination fee of $200 shall be applied, prorated based on the Six Month Contract
- Payment And Billing:
Rates are as set forth on the X-Stream Services Company DSL or Broadband price list on the date the order is placed.
Billing will commence on the date Customer’s DSL or Broadband connection to X-Stream Services Company is
activated. Unless otherwise agreed by X-Stream Services Company and Customer in writing. Customer’s billing cycle
will be determined by the initial payment amount as follows: If the initial payment covers a full year (inclusive of
applicable discounts), the billing cycle will equal one year. If the initial payment covers less than one year, the billing
cycle will equal one month. Initial charges shall be invoiced in advance, and are due on the activation date.
Customer’s billing cycle will commence with the date of activation and subsequent payments will be due on that
date each billing cycle. Charges more than 30 days overdue will subject Customer to interruption of service. Such
interruption does not relieve Customer from the obligation to pay the recurring charge, and no credit will be given
for interruptions of service due to late payment. X-Stream Services Company reserves the right to levy services
charges, early termination fees, and fees on accounts more than 30 days overdue.
- Obligations Of Customers:
Customer shall use X-Stream Services Company services only for lawful purposes. Customers shall not transmit,
retransmit, or store material in violation of any federal, state, or local law (statutory or common) or regulation,
including without limitation, laws or governing libel or slander, obscenity, threats or harassment and infringement or
other violation of trademark, copyright, trade secret or proprietary rights. Customer is responsible for obeying all of
X-Stream Services Company’s Rules of Use, except where superseded by this agreement. Upon notice from X-Stream
Services Company, Customer shall promptly eliminate any hazard, interference or service obstruction that hardware
or software not provided by X-Stream Services Company is causing, or is likely to cause. X-Stream Services Company
will, at its option, troubleshoot problems caused by such hardware or software at Customer’s request. Such services
are billed at rates in effect when such services are requested.
- Rights And Obligations Of X-Stream Services Company:
X-Stream Services Company shall install the products and services set forth on the X-Stream Services Company DSL
or Broadband Internet Order Form. Stated bandwidths apply only to the circuit between Customer’s Equipment and
X-Stream Services Company. X-Stream Services Company warrants that on the date of installation, the products and
services shall be in good working order and conform to order specifications. THE FOREGOING WARRANY IS IN LIEU
OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITTNESS FOR A PARTICULAR PURPOSE. X-Stream Services Company makes no other
warranty, either express or implied, in regard to any or all of the following: (a) information, products or services
provided to the Customer as a result of this agreement; (b) the availability, accuracy or content of information,
products or materials sent or received via services provided by X-Stream Services Company; (c) service interruptions
or network downtime. Services shall be provided on a “best efforts” basis, but if service is completely unavailable for
a period exceeding Three Business Days for reasons solely attributable to X-Stream Services Company, Customer
shall be credited on a pro-rata basis for each such day, but only if the Customer request such a credit. Applicable
credits and refunds shall be limited to recurring monthly or yearly service fees ONLY for periods when service is
unavailable; setup fees, hardware cost, and other non-recurring fees are non-refundable. X-Stream Services
Company shall not be liable (either in contract or tort), for losses or damages arising from unauthorized access,
alteration, theft, or destruction of the Customer’s data files, or information, which is caused by accident or any other
means, whether or not such access occurs as a result of any act or omission by X-Stream Services Company. XStream Services Company shall not be liable for any damages suffered by Customer for any reason, including (but
not limited to). Loss of data resulting from delays, non deliveries, wrong deliveries, and any service interruptions
whether caused by the acts and omissions of X-Stream Services Company and its employees or of the Customer or
any other party. X-Stream Services Company shall have no liability with respect to the content of any information
passing through its network.
- Limitation Of Liability:
In the event that the products or services fail to conform in any manner to this agreement or any specifications of XStream Services Company, the Customer’s sole remedy and X-Stream Services Company’s sole obligation shall be the
repair or replacement of the equipment at the customer cost. IN NO EVENT WILL X-STREAM SERVICES COMPANY BE
LIABLE TO THE CUSTOMER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF X-STREAM SERVICES COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. X-STREAM SERVICES COMPANY SHALL NOT BE LIABLE
TO THE CUSTOMER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE; LOSS OF CUSTOMERS, CLIENTS OR MEMBERS; LOSS OF
GOODWILL; OR LOSS OF PROFITS ARISING IN ANY MANNER FROM THIS AGREEMENT AND THE PERFORMANCE OR
NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT. Any cause of action arising out of the
provision of X-Stream Services Company products or services shall be instituted within one year after the claim has
arisen or such cause of action be barred.
- Termination Of Services:
X-Stream Services Company may terminate this Agreement upon default of Customer’s payment or other
obligations under this Agreement. If Customer terminates this Agreement before the term is finished, for any
reason, Customer shall pay an Early Termination Fee of $200, prorated based on the Six Month Contract signed.
- Nature of Information:
The Customer has been advised and acknowledges that the internet may contain information, materials, and
language that may be deemed adult in nature and inappropriate or offensive. The Customer is further advised that
there is no effective way to limit access to certain materials on the internet. The Customer is responsible for all
information received, transmitted, and/or stored by the Customer and the Customer releases X-Stream Services
Company from and agrees to indemnity X-Stream Services Company against any and all claims, losses or expenses
relating to such information, materials, and language. This indemnification shall survive any termination of this
The Customer shall indemnity and hold X-Stream Services Company harmless from and against any and all lawsuits,
claims, damages, liabilities or expenses (including reasonable attorney’s fees in connection with the investigation,
defense, or settling of any such loss, claim, damage, action or proceeding) related to or arising out of the Customer’s
use of the products or services provided by X-Stream Services Company. This indemnification provision shall survive
any termination of this agreement.
- Transfer And Assignment:
Neither party, other than for collateral purposes, may sell, assign or transfer this Agreement without written
consent of the other party, except that X-Stream Services Company may assign this Agreement. Customer may not
resell IP accounts from an X-Stream Services Company provided DSL or Broadband Internet Service by wireless or
any other means without explicit written permission of X-Stream Services Company.
- Force Majeure:
In the event X-Stream Services Company is prevented or hindered from complying with any of the requirements of
this Agreement by reason of war, riots, embargoes, strikes, earthquakes, tornadoes or severe weather of any kind,
ice storms, and other Act of God, or by operation of force majeure or any federal or state law or any order, rule or
regulation of governmental authority, then, while so prevented, X-Stream Services Company’s obligation to comply
with such requirement shall be suspended and X-Stream Services Company shall not be liable for failure to comply
therewith. Should such occurrences continue for more than thirty (30) days, either X-Stream Services Company or
the Customer may terminate this Agreement without further liability to the other.
- Entire Agreement:
This Agreement sets forth the entire agreement of the parties and may be modified by X-Stream Services Company
at any time without prior notice. In the event any provision of this Agreement is determined to be invalid, all other
provisions remain in full force and effect.
- Choice Of Law:
This Agreement shall be construed according to, and be governed by, the laws of the State of Oklahoma, Caddo,
Custer, Washita, Canadian and Blaine Counties, X-Stream Services Company. X-Stream Services Company may at its
sole option and discretion, decide on a venue of its choosing in any legal action, whether at law or equity, which may
arise out of the performance or nonperformance of any article in this agreement.
- Acceptable Use Policy
Any use of X-Stream Services Company resources that disrupt the normal use of the system or Internet for other
people are deemed to be unacceptable. Such unacceptable uses include, but are not limited to, the following: Using it for illegal copyright infringements and other illegal downloads.
Using it for illegal purposes.
Using it to transmit threatening, obscene or harassing materials.
Using it to interfere with or to disrupt network users, services or equipment. Disruptions
include, but are not limited to, distribution of unsolicited advertising via email or Usenet,
propagation of computer viruses or worms, and using the network to make unauthorized
entry to any other machine accessible via the network.
Using it to post a single article or advertisement to more than ten (10) Usenet or other
newsgroups, forums, email mailing lists or other similar group or lists articles which are off
topic according to the charter or other owner-published FAQ or description of the group or list,
or to send unsolicited mass emailing (spam).
Using it to transmit any material in violation of any U.S., State, or local regulation which may
include but is not limited to copyrighted material, threatening, obscene, libelous, or
defamatory material, or material protected by trade secret.
Web sites or other Internet services may not be advertised by you, or by another person, using techniques that would be
classified as “abuse” if they were carried out from an X-Stream Services Company account including, but not limited to,
bulk emailing and excessive news posting. Such action will be treated under the X-Stream Services Company User
Agreement as if it had been done from an X-Stream Services Company account.
USE OF X-STREAM SERVICES COMPANY INTERNET SERVICES CONSTITUTES ACCEPTANCE OF
THESE TERMS AND CONDITIONS.