The following terms and conditions shall apply to all customers subscribing to Beehive Broadband service:
This Agreement is part of and shall be incorporated into the Acceptable Use Policy. In utilizing Beehive Broadband service, Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy and this Agreement. Beehive Broadband reserves the right to update this Agreement as necessary. In the event of an inconsistency or conflict between the Acceptable Use Policy and this Agreement, the provisions of this Agreement shall govern.
Governing Law and Venue: The laws of the State of Utah shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Tooele County, Utah.
Entire Agreement: This Agreement constitutes the entire Agreement between the parties and no other representations or statement will be binding upon the parties. If any part of the Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.
Payment Policies and Terms: Billing is completed once per month; full payment is due upon receipt. A 7% (min. of $5.00) late fee will be assessed on all accounts unpaid after 30 days. Accounts remaining unpaid for thirty (30) or more days shall be deemed delinquent. Delinquent accounts can be placed on an “accounting hold” and services to the Subscriber shall be suspended until the account is paid in full. Any subscribers account that is placed on hold for non-payment is subject to a $50.00 reconnect fee. In the event any balance is not paid as agreed, the Subscriber agrees to pay a collections fee equal to 40% of the unpaid balance. In the event of a lawsuit to collect the unpaid balance, the Subscriber further agrees to pay court costs and reasonable attorney’s fees. A thirty dollar ($30.00) fee will be added to the Subscriber account in the event of any bank returned check. In the event that more than one check is returned, we will only accept cash, credit card or certified funds for payment on the account.
Be advised that due to privacy laws, we will only give account information to the registered account holder. Please ensure to add any additional authorized users to the account if you would like them to have access to modifying the account in any way.
Equipment and Scope of Work: All equipment, modems, set-top boxes, ONT’s and standard mounting equipment will at all times remain the property of Beehive Broadband. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof, together with any costs incurred by Beehive Broadband in obtaining or attempting to obtain possession of any such quipment. On expiration or termination of this Agreement, Subscriber authorizes Beehive Broadband to retrieve from Subscriber’s premises any equipment that is owned by Beehive Broadband. Customer is responsible for providing their own router to broadcast the signal throughout the home. We recommend N or AC routers with 100M or Gig Network ports.
Due to the nature of the work for the Fiber-to-the-Home project, we require all underground lines to be marked before the start of any digging on premises, either by company or resident, whichever is applicable to the situation. To have this done, please call Blue Stakes. Beehive Broadband is not responsible for unmarked sprinkler lines or damages to those lines.
Additional Fees: In the event that special construction or additional equipment including but not limited to: longer cable, additional grounding, mast hardware or specialized antenna is required, an additional fee will be required for said equipment and any additional labor not included in the standard install. Additional labor is billed at $60.00/hr. Please note we will not perform foundation entrance due to the liability risk. If foundation entrance is required, the customer must complete the necessary foundation drilling prior to the date of scheduled install, or, at the request of the customer, we will complete the foundation entrance with the completion of a Release of Liability waiver. An additional $100.00 fee will be assessed to the account for this work.
Standard Maintenance: Any trouble beyond our network or equipment is the full responsibility of the Subscriber and their subsequent Network Administrator or vendor. Standard maintenance is limited solely to Beehive Broadband’s network and backbone connectivity. If your connection ceases to function properly but Beehive Broadband’s network is still functioning properly, a technician will be sent to troubleshoot during normal business hours (9 a.m. – 4:30 p.m., Monday – Friday.) If the problem is due to Subscriber negligence, or any of those items listed in the “Not Covered by Standard Maintenance” section, standard hourly rates apply.
Not Covered by Standard Maintenance: Maintenance, repair or replacement of parts damaged or lost through catastophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber, or causes external to the system, such as, but not limited to: failure of, or faulty electrical power, operator error, or malfunction of Subscriber’s computer and/or peripheral equipment not installed by Beehive Broadband, or from any cause related to or other than the intended and ordinary use.
Acceptable Use Policy: Beehive Broadband agrees to provide high-speed internet to the Subscriber, subject to the following terms and conditions: This service is for single-family residence or home-office use only. Internet sharing is allowed only within the boundaries of the residence. Allowing others to use this connection via wired, wireless (WiFi or other technology) or by other means will result in immediate disconnection. Re-selling this service will result in immediate disconnection. However, businesses may set up a WiFi hotspot with permission from Beehive Broadband, but this is only allowed on a case-by-case basis. Using a personal account for high-volume or commercial use (i.e., revenue generation, advertising, etc.) is prohibited. E-mail accounts exceeding the Subscriber’s allotted e-mail space may, at Beehive Broadband’s discretion, be transferred to a compressed temporary file for storage. Beehive Broadband may delete the temporary file from the server 60 days after notifying the Subscriber.
Abuse of Services: Any use of the system that disrupts the normal use of the system for other Subscribers is considered to be abuse of services. The propagation of computer worms or viruses or the use of the network to make unauthorized entry to their computational, information, or communication devices or resources of others is a violation of this Agreement. The use of Beehive Broadband’s services by Subscriber’s to modify, alter, reverse engineer, decompile disk or disassemble any proprietary work in whatever form is a violation of this Agreement. The failure of any Subscriber running IPX to use an IP tunnelling protocol is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) or any other inter-router protocol by Subscriber is a violation of this Agreement. Any Subscriber deemed by Beehive Broadband to be in violation of this section is subject to immediate termination by Beehive Broadband. Termination under this section shall have no liabiity other than to refund any unearned prepaid service fees including direct, indirect, incidental or conseequential damages.
Monitoring: Beehive Broadband has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Beehive Broadband, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its interests.
Disclaimer: Beehive Broadband assumes no responsibility for the content contained on the Internet or otherwise available through the network or from any source accessible via Beehive Broadband’s services. Beehive Broadband discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Beehive Broadband which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to pornographic, or otherwise inappropriate or sexually explicit or offensive content.
Subscriber acknowledges to Beehive Broadband that its use of Beehive Broadband’s service to access information, content or other services is at its own risk.
Indemnification / Release: Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release Beehive Broadband, its affiliates, sub-contractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of or termination of Beehive Broadband’s services hereunder including but not limited to, Subscriber’s access to content uploaded or downloaded using Beehive Broadband’s service from any source or to any recipient. Subscriber further releases Beehive Broadband from any responsibility or liability related to the accuracy, quality or confidentiality of any information available by or through Beehive Broadband’s systems and/or the network. Subscriber’s release of Beehive Broadband includes any actions or inaction by Beehive Broadband which amounts to negligence.
Termination: Subscriber may terminate this Agreement by submitting a request for termination (e-mail, fax, U.S. Mail or via telephone) Requests received prior to close of business shall have a termination date of the next business day. Subscribers will be required to pay out the remaining balance of the contract period upon cancellation. This amount will be added to their final bill, and is due upon receipt.
Without prior notice, Beehive Broadband may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if Beehive Broadband, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. Beehive Broadband may provide termination notice to you via the e-mail address provided on the Subscriber account or by US Mail or courier service to the address you provided for the Services. Termination by Beehive Broadband for violation of Beehive Broadband’s Acceptable Use Policy shall be subject to the termination fees as described above.
Additional Clarifications, Terms and Conditions: Usernames, passwords and e-mail addresses are Beehive Broadband’s property and Beehive Broadband may alter or replace them at any time.
Beehive Broadband has no control over certain types of interference and signal blockage. We do not guarantee any level or quality of service. If the service becomes unusable and cannot be restored within 2 working days, your account will be credited for the outage. If service is interrupted more than an aggregate of 24 hours in any given month, term contracts may be cancelled without penalty.
Beehive Broadband cannot be held liable for any type of loss, whether actual or perceived, due to a lack of service.
Subscriber understands that service will be interrupted from time to time for various reasons including maintenance, upgrades and power outages. There will be no warning for some of the outages.