Conditions and Terms of Use for Internet Service


The Goal of Hilltop Broadband Internet is to provide the best possible internet experience to all its customers. Hilltop Broadband has adopted this policy in the furtherance of that goal.

All Hilltop Broadband Internet customers and all others who use the service (the "user", "users", "customer", "customers" "you" or "your") must comply with this Policy. Your failure to comply with the terms outlined in this Policy may result in the suspension or cancellation of the Service Agreement. If you do not agree with the terms of this Policy, immediately stop the use of any and all Hilltop Broadband services and notify Hilltop Broadband so that it can close your account. Use of any Hilltop Broadband services constitutes an agreement to abide by the Policy.

The customer agrees that:

 

• The Customer shall use the service for Internet access for computers located within the installed premise of service only. Wireless networks are only allowed if set up by a Hilltop Broadband technician to provide the necessary security to its network. Customer shall not lease or sublease or provide Internet access to others through the use of the service or otherwise without the express consent of Hilltop Broadband Internet.

• THE USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. NEITHER HILLTOP BROADBAND NOR ANY LICENCORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES HILLTOP BROADBAND, THEIR AGENTS, OR EMPLOYEES MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. SPECIFICALLY, THERE IS NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED HERE UNDER. HILLTOP BROADBAND, ITS EMPLOYEES, AFFILIATES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS AND ASSIGNS SHALL NOT BE RESPONSIBLE FOR LOST, STOLEN, OR DAMAGED EQUIPMENT, WITHOUT LIMITATION, Hilltop Broadband SHALL NOT BE HELD LIABLE FOR LOSS OF ANY SOFTWARE, HARDWARE OR DATA, IN WHATEVER FORM STORED ON ANY COMPUTER EQUIPMENT ONTO WHICH A WIRELESS MODEM AND ASSOCIATED EQUIPMENT IS INSTALLED. IT IS CUSTOMERS RESPONSIBILITY TO BACK UP ANY AND ALL DATA, AND SOFTWARE PRIOR TO THE INSTALLATION OF THE WIRELESS MODEM AND ASSOCIATED EQUIPMENT.

• Hilltop Broadband provides service to the dermarcation (demarc) point, normally the "LAN" port of the receiver power supply.  Equipment on the customer side of this demarc will be maintained by the customer at the cost of the customer.  Hilltop Broadband will not be responsible for any repairs maintenance or damage to facilities on the customer side of the demarc.

• For custom or complex installations including but not limited to: runs through conduit, direct burial, installation in trees, closed cavity walls, aerial cable, the service demarc shall be the LAN port of the wireless receiver.  All equipment, cable, power supplies, etc. shall be maintained by the customer at the customer's expense.  Hilltop Broadband will not be responsible for any repairs, maintenance or damage to facilities on the customer side of this demarc point.

• Hilltop Broadband services are provided as a "Best Effort" except custom bandwidth solutions with a SLA. This means there are no guarantees of the speed you will receive. We strive to always provide the download rate you are subscribed to. Unforeseen circumstances such as outages and interference can disrupt your signal and prevent us from providing your purchased speed. We monitor our systems to limit the effects of these issues but they cannot be prevented in all cases.

• Hilltop Broadband shall have the right to inspect, modify or remove installed equipment during reasonable hours provided reasonable notice is given to customer.  Customers refusing Hilltop Broadband access to their property may have service disconnected or suspended at the sole discretion of Hilltop Broadband.  Reasonable hours shall be 8am to 8pm 7 days per week.  Reasonable notice shall be 1 hour notice for work on outdoor equipment and 24 hours notice for work on indoor equipment.

• The Customer may be subject to additional charges, at Hilltop Broadband sole discretion, including, but not limited to bad check charges, non-pay reconnect fees, and early disconnect fees.

• Hilltop Broadband shall not be liable to Customer for any damages arising from any event that is out of the control of Hilltop Broadband. Neither shall Hilltop Broadband be liable for indirect, special, incidental, exemplary, consequential, or any other form of money damages, including but not limited to, lost profits, or for the loss of data or information of any kind, however caused and arising out of or in connection with the performance of Hilltop Broadband or the provision of services or performance here under, whether based in contract, tort, or any other legal theory, and whether or not Hilltop Broadband has been made aware of the possibility of such damages. In no event shall liability exceed a refund of amounts actually paid by Customer for the then current month.

• The bandwidth provided by Hilltop Broadband is a shared service. Any quoted bandwidth rating/transfer rate for High Speed Internet Service is a maximum rate and not guaranteed based upon the shared service. Hilltop Broadband reserves the right to manage its Networks to provide for maximum efficiency. Due to the demands of the Internet, the limitations of other networks that comprise the Internet and Customers equipment limitations, the maximum speeds may be available but only on a burst basis.

• The acceptable use policy is outlined on Hilltop Broadband’s Website.  All customers must read and agree to the terms set forth in the Acceptable Use Policy as well as this Policy.

• The customer is 18 years of age or older.

• The Customer indemnifies and will hold harmless Hilltop Broadband Internet and its successors and assigns, from any and all copyright, trademark, patent or any other legal liability arising out of the use of this service.

• Breach of this Agreement by Customer may result in immediate termination of services in addition to liability for any and all damages, including attorney fees and costs.

• The Customer is solely responsible for limiting access to objectionable materials that may be on the Internet. Hilltop Broadband takes no responsibility or liability for unauthorized viewing of said materials by minors or any other persons.

• This agreement is and shall be governed by and construed in accordance with the laws of the State of Colorado applicable to agreements made and performed in Colorado.  Any cause of action of a Customer or its designated user with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.

• Any Hilltop Broadband Internet Service purchased by a non-commercial entity is provided to the Customer for their private non-commercial use.

• The services purchased from Hilltop Broadband are for use only by the party purchasing service, only at the service address and shall not be resold to any third party.