FIBER OPTICS SERVICE AGREEMENT
THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT AND DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH OZARKSGO, LLC, (“OzarksGo”) WILL PROVIDE YOU WITH ACCESS TO ITS FIBER OPTIC NETWORK AND CERTAIN EQUIPMENT RELATED TO SUCH ACCESS. BY SIGNING THIS FIBER OPTICS SERVICE AGREEMENT (“Agreement”) YOU ARE AGREEING TO THE FOLLOWING TERMS AND CONDITIONS.
1. AGREEMENT. OzarksGo provides access to its fiber optic network (the “Service”) for purposes of one or more services: internet service, telephone service, and television service (separately or together, “Level of Service”) as they may exist from time to time to a qualifying individual or entity who pays a monthly service fee to subscribe to the Service (“Subscriber”).
This Agreement is between you (Subscriber) and OzarksGo. This Agreement consists of the specific terms and conditions below, the specific terms of Subscriber’s billing plan for the Level of Service which Subscriber subscribes, and OzarksGo’s Global Terms and Conditions (“GTC”) and Acceptable Use Policy (“AUP”), both of which may be revised from time to time by OzarksGo, and are available through OzarksGo’s web site (www.ozarksgo. net/terms) and are incorporated herein. All references to “Agreement” herein include OzarksGo’s Fiber Optic Service Agreement, the GTC and AUP. SUBSCRIBER SHOULD REVIEW THE GTC AND AUP BEFORE SIGNING THIS AGREEMENT. To the extent any con icts or inconsistencies between the Agreement, GTC, and AUP exist, the Agreement will prevail over the GTC and AUP, and the GTC will prevail over the AUP.
2. MINIMUM LEVEL OF SERVICE. Subscriber shall purchase a Level of Service with a minimum price of $49.95 per month.
3. MINIMUM TERM. The term of this Agreement shall be for 12 months, commencing on the date Service is made available. Thereafter, the term shall automatically renew on a month-to-month basis at OzarksGo’s then current monthly pricing and fees.
4. EASEMENT ON SUBSCRIBER’S PROPERTY. In consideration of receiving Service from OzarksGo, Subscriber hereby grants or will grant
to OzarksGo or Ozarks Electric Cooperative any easements required by OzarksGo or Ozarks Electric Cooperative on, under, over or through Subscriber’s real estate for purposes of extending fiber optic cable so to provide Service to Subscriber and others as well as to perform maintenance, service upgrades, and periodic clearing of rights of way. When economically feasible, all extensions shall follow any existing utility easements.
5. EQUIPMENT. Other than the equipment provided to Subscriber by OzarksGo for use with the Service, Subscriber must provide,
and is responsible for, all equipment, devices, and software necessary to receive the Service.
6. BILLING. OzarksGo will bill Subscriber monthly for all charges associated with the Service. Payment in full is due no later than the due date indicated on the bill. Subscriber is responsible for paying any taxes, surcharges, fees and assessments imposed from time to time in connection with the Service.
7. CANCELLATION. Subscriber may cancel Service at any time. If Subscriber cancels Service at any time during the initial twelve month period, an early cancellation fee, equal to the remainder of the 12 month term multiplied by $49.95, will apply.
8. TERMINATION. OzarksGo may, without prior notice, discontinue or terminate Service, for any reason, including, without limitation, if OzarksGo, in its sole discretion, believes Subscriber has violated this Agreement.
8. ELECTRICAL POWER. The Service requires electrical power from Subscriber’s premises to operate, which Subscriber is responsible for providing.
* An agreement must be provided for each eligible account.