Terms & Conditions - SureStream Internet: Reliable, High Speed Internet for Breckenridge, TX

General Terms and Conditions of Service

Subscriber (“You” or “Subscriber”) agree to be bound to these General Terms and Conditions of Service (“Terms of Service” or “Agreement”) with respect to all SureStream services (“Service(s)”) provided by SureStream, LLC and its affiliates and subsidiaries authorized to provide the services set forth herein (collectively, “SureStream”), as well as the additional terms of service applicable to the specific SureStream services and/or features to which you subscribe or have access, as are set forth at www.SureStreamInternet.com and may be updated from time to time, including the additional terms applicable to SureStream TV, SureStream Internet, SureStream WiFi, SureStream Phone, support services, mobile apps, Auto Pay or any other services provided by SureStream (collectively, the “Additional Terms of Service”), which are incorporated into these Terms of Service by this reference. You further understand and agree that the Customer Privacy Notice, which governs the collection, use and disclosure of Subscriber personal information, is likewise incorporated into these Terms of Service by reference.

THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS, INCLUDING THE WAIVER OF CLASS ACTIONS AND JURY TRIALS. THE AGREEMENT ALSO CONTAINS PROVISIONS FOR OPTING OUT OF ARBITRATION. PLEASE REVIEW IT CAREFULLY.

Services. SureStream shall use reasonable efforts to make the Services available by any requested service date. SureStream shall not be liable for any damages whatsoever resulting from delays in meeting any service dates due to delays resulting from construction or for reasons beyond its control. SureStream shall provide Subscriber with the Services and Equipment identified on the commercial service order presented to Subscriber at time of installation (“Service Order”); provided, however, if SureStream determines that Subscriber’s location is not serviceable under SureStream’s normal installation guidelines, SureStream may terminate this Agreement. SureStream shall have no responsibility for the maintenance or repair of networks, facilities and equipment not furnished by SureStream.
Payment of Charges. The charges for one month of Services, including any deposits, activation, set-up, installation, construction and/or Equipment charges, are due upon installation of the Services or as otherwise set forth on the Service Order. Thereafter, Subscriber agrees to pay monthly recurring Service charges and Equipment charges (if any) in advance, including all applicable fees (including but not limited to regulatory fees, and franchise fees), taxes, surcharges (including sports and broadcast TV surcharges) and other government assessments no later than the date indicated on Subscriber’s bill. Charges for non-recurring Services or Equipment charges will be reflected on Subscriber’s subsequent bill at the then current applicable rates. All rates for Services, Equipment charges and other fees and surcharges are subject to change in accordance with applicable law.If Subscriber elects to pay by automatic recurring credit card, debit card or automatic clearing house payments, Subscriber authorizes SureStream to charge such accounts. If Subscriber elects to send a check as payment, Subscriber authorizes SureStream either to use information from Subscriber’s check to make a one-time electronic funds transfer from Subscriber’s bank account or to process the payment as a check transaction.Failure to receive a bill does not release Subscriber from Subscriber’s obligation to pay. Failure to pay the total balance when due (including checks returned for insufficient funds) shall constitute a breach of this Agreement and may be grounds for termination of Service, removal of Equipment from Subscriber’s premises and/or imposition of a late fee (“Late Fee”) in accordance with applicable law. You can avoid incurring Late Fees by paying your monthly bill promptly. Any Late Fee imposed on Subscriber is intended to be a reasonable advance estimate of costs of managing past due accounts. The Late Fee is not interest, a credit service charge or a finance charge.If the Subscriber has more than one account (Business and/or Residential) served by SureStream, all SureStream provided Services at all locations may be subject to discontinuance of Service in the event any one account remains unpaid. In the event collection activities are required, an additional collection charge may be imposed.
Additional Fees. In addition to Subscriber’s monthly recurring charges and any Late Fee, additional fees may be imposed, including fees for returned checks, Payment Assistance Fees for paying by phone, receiving a paper bill, charge card chargeback, early termination, reconnection and service calls. Additional charges may also be imposed if collection activities are required to recover past due balances, including attorney fees.
Third-Party Provider Charges. In connection with Subscriber’s use of the Services and Equipment, Subscriber may be able to access, subscribe to, use and/or purchase products, services, software or applications that are provided to Subscriber by third parties (“ThirdParty Providers”). Subscriber acknowledges that Subscriber may incur charges in connection with the subscription to, purchase or use of these Third-Party Provider products, services, software or applications. All such charges, including any additional fees and applicable taxes, shall be paid by Subscriber to the Third-Party Provider and are not the responsibility of SureStream. Credits or billing adjustments for products, services, software or applications billed by a Third-Party Provider shall be subject to the stated billing practices of that Third-Party Provider. Termination of a service or subscription offered for a separate charge billed directly by a Third-Party Provider shall be affected in accordance with the Terms of Service or similar agreement between the Subscriber and the Third-Party Provider.
Taxes. Subscriber agrees to pay any local, state and federal taxes imposed or levied on or with respect to the Services, the Equipment or installation or service charges incurred with respect to the same.
Term; Early Termination. Your subscription begins either on or the first day following your installation date and continues for the initial term set forth on your Service Order (“Initial Term”). If a Service Order does not specify an Initial Term, You have an automatically renewing monthly subscription (“Monthly Subscription”).
1. Monthly Subscription. If you have a Monthly Subscription, your subscription begins either on or the first day following your installation date and automatically renews thereafter on a monthly basis beginning on the first day of the next billing period assigned to you until cancelled by you. The monthly service charge(s) will be billed at the beginning of your assigned billing period and each month thereafter unless and until you cancel your Service(s). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIOD(S).You may cancel Service(s) for a period up to the last day of the billing period prior to the service period that you wish to cancel, and the cancellation will be effective at the end of the then-current billing period. Subject to applicable law, any request for cancellation after the commencement of a service period will be effective at the end of the then-current service period. Access to the Services will, if possible, continue to be provided at the location ordered or, if you move, to your new location if in a SureStream-served area (subject to any installation charges).
2. Initial Term Subscription. If You have an Initial Term, your subscription begins either on or the first day following your installation date and continues for the duration of the applicable Initial Term. Upon the expiration of the Initial Term, Your subscription automatically renews thereafter on a monthly basis (each, a “Renewal Month”) beginning on the first day of the next billing period assigned to you until cancelled by you. The monthly service charge(s) for each month during the Initial Term and any Renewal Months will be billed at the beginning of your assigned billing period and each month thereafter unless and until you cancel your Service(s). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIOD(S).
  1. If you cancel, terminate or downgrade the Service(s) before the completion of the Initial Term”, you agree to pay SureStream early cancellation fees in an amount that includes: (i) all non-recurring charges reasonably expended by SureStream to establish service to Subscriber and not remunerated, (ii) any disconnection, early cancellation or termination charges reasonably incurred and paid by SureStream to third parties on behalf of Subscriber, and (iii) all monthly recurring charges for Services and Equipment for the remaining balance of the Initial Term. You agree that early cancellation fees or any other fees may automatically be charged to your account and your credit or debit card provided to SureStream and you agree to pay such fees.
  2. Following the Initial Term, You may cancel Service(s) for a period up to the last day of the billing period prior to the service period that you wish to cancel, and the cancellation will be effective at the end of the thencurrent billing period. Any request for cancellation after the commencement of a service period will be effective at the end of the thencurrent service period. Access to the Services will, if possible, continue to be provided at the location ordered or, if you move, to your new location if in a SureStream-served area (subject to any installation charges).
Right to Make Credit Inquiries. Subscriber acknowledges and agrees that SureStream may (a) verify Subscriber’s credit standing, make inquiries and receive information about your credit experiences, including your credit report, from credit reporting agencies; (b) enter this information in your file, and disclose this information concerning you to appropriate third parties for reasonable business purposes; and (c) furnish information about you, your account(s) and your payment history to those credit reporting agencies.
Security Deposit. SureStream may require a deposit or activation fee based on Subscriber’s credit standing or past payment history with SureStream. A deposit and/or activation fee does not relieve the Subscriber of the responsibility for prompt payment of bills on presentation. Any security deposit given by Subscriber for the Equipment or SureStream’s Service will be due and payable upon the first monthly billing. Such security deposits will be returned to Subscriber within sixty (60) days of termination of SureStream’s Service so long as payment has been made for all amounts due on Subscriber’s account and Subscriber has returned the SureStream Equipment undamaged. Security deposits paid by Subscriber for Equipment or Services may be used, to the extent permitted by law, to offset any unpaid balance or charges after termination of Service. Subscriber shall remain liable for any outstanding balances after the security deposit has been applied. Further terms and conditions of the security deposit may be contained in the deposit receipt given to Subscriber at the time the security deposit is collected.
Disputed Charges. Subscriber agrees to pay all undisputed monthly charges and all applicable fees and taxes as itemized on the SureStream monthly bill and notify SureStream in writing of disputed items or requests for credit within thirty (30) days of Subscriber’s receipt of the bill for which correction of an error or credit is sought, or longer as provided by applicable law. The date of the dispute shall be the date SureStream receives sufficient documentation to enable SureStream to investigate the dispute. The date of the resolution is the date SureStream completes its investigation and notifies the Subscriber of the disposition of the dispute.
Adjustments or Refunds. Any adjustment or refund, given in each case at SureStream’s sole discretion, will be accomplished by a credit on a subsequent bill for Service, unless otherwise required by applicable law. No credit allowance will be made for interruptions of Service that are:
1. due to the negligence of or noncompliance with the provisions of the Terms of Service by Subscriber or any person authorized by customer to use the Service;
2. due to the negligence of any person other than SureStream including, but not limited to, the other common carriers connected to SureStream’s facilities;
3. due to the failure or malfunction of Subscriber-owned equipment or Third-Party equipment;
4. during any period in which SureStream is not given full and free access to its facilities and Equipment for the purpose of investigating and correcting interruptions,
5. during a period in which Subscriber continues to use the Service on an impaired basis;
6. less than thirty (30) minutes’ duration;
7. during any period when the interruption is due to implementation of a Subscriber order for a change in Service arrangements; or
8. due to circumstances or causes beyond the control of SureStream.
  Limitation of Refund. Unless otherwise provided by applicable law, in the event any amounts owed by SureStream to Subscriber are not claimed by Subscriber within one year of the date on which the amount became payable to Subscriber, Subscriber shall forfeit all rights to the refund and all such amounts shall become the property of SureStream.
Equipment and Software. “Distribution System” shall mean (1) all distribution plant, network facilities and associated electronics and all Equipment installed or provided by SureStream or its predecessors which is necessary to distribute Services throughout the premises, but specifically excluding Inside Wiring, and (2) all Equipment furnished by SureStream at the premises. Unless reflected otherwise in the Service Order, Ownership of the Distribution System shall at all times be and remain in SureStream and shall be used exclusively by and in connection with SureStream operations. Upon termination of this Agreement and if SureStream is no longer providing Services to the premises, SureStream has the option to remove all or any portion of the Distribution System, provided that any damage to the premises caused by removal of the Distribution System will be repaired by SureStream to Subscriber’s reasonable satisfaction. “Equipment” means all equipment, including but not limited to, any cables, wires, amplifiers, cable boxes, access cards, remotes, cable cards, battery backup units, modems, routers, gateways, SureStream TV Box and other equipment distributed to and/or installed for use in the Subscriber’s service location but does not include Inside Wiring. “Inside Wiring” shall mean all wiring on the Subscriber’s side of the demarcation point at Subscriber’s service location, whether installed by SureStream or by Subscriber. The demarcation point shall mean a point at (or about) twelve (12) inches outside of where the cable wire enters the Subscriber’s service location. Inside Wiring shall be Subscriber property and not SureStream Equipment, and repair and maintenance for such Inside Wiring is the responsibility of Subscriber unless otherwise agreed by Subscriber and SureStream. None of the Equipment shall become a fixture nor shall distribution, installation, and/or use of Equipment, including but not limited to cable boxes and/or set top boxes be deemed a lease of such Equipment. Unless otherwise stated in the Service Order, Subscriber will acquire no ownership or other interest in the Distribution System, Equipment, network facilities, and software by virtue of payments made pursuant to this Agreement or by the attachment of any portion of the Distribution System, Equipment or network facilities to Subscriber’s premises.
1. Misuse of Equipment. SureStream Equipment is intended to service and reside at the specific service location and is not to be removed from the service location where it was installed or used off premises without SureStream authorization. Subscriber agrees that neither Subscriber nor any other person (except SureStream’s authorized personnel) will open, alter, misuse, tamper with, service, or make any alterations to any Equipment. Subscriber will not remove any markings or labels from the Equipment. Subscriber agrees to safeguard the Equipment from loss or damage of any kind, and (except for any self-installation procedures approved by SureStream) will not permit anyone other than a SureStream authorized representative to perform any work on the Equipment. Any misuse, alteration, tampering, or removal, or the use of equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of service and is prohibited.
2. Return of Equipment. If Subscriber’s Service is terminated or cancelled (for whatever reason), unless SureStream expresses otherwise in writing, Subscriber agrees that Subscriber no longer has the right to keep or use the Equipment and Subscriber must promptly return the Equipment. The Equipment must be returned to SureStream in the same condition as when received, ordinary wear and tear excepted. Absent other instructions, if Subscriber fails to return the Equipment, Subscriber will pay any expenses SureStream incurs in retrieving the Equipment. Failure of SureStream to remove the Equipment does not mean that SureStream has abandoned the Equipment. SureStream may impose a charge for unreturned Equipment to be determined in accordance with SureStream’s then current schedule of charges for non-returned Equipment and/or continue to charge Subscriber a monthly Service fee every month until any remaining Equipment is returned, collected by SureStream or fully paid for by Subscriber. Any charge for unreturned Equipment shall be due immediately.
3. Damaged or Lost Equipment. If the Equipment is damaged by Subscriber, destroyed, lost or stolen while in Subscriber’s possession, Subscriber is responsible for the cost of repair or replacement of the Equipment.
4. Operation of Equipment. Subscriber agrees to operate any Equipment in accordance with instructions of SureStream or SureStream’s agent. Failure to do so will relieve SureStream of liability for interruption of Service and may make the Subscriber responsible for damage to Equipment.
5. Tests and Inspections. SureStream may make such tests and inspections as may be necessary to determine that the Subscriber is complying with the requirements set forth herein.
6. Software. Subscriber agrees to comply with the terms and conditions of any software license agreement applicable to the software provided or installed by SureStream (“Software”). The Software shall be used solely in connection with the Services and Subscriber will not modify, disassemble, translate or reverse engineer the Software. All rights title and interest to the Software, including associated intellectual property rights, are and will remain with SureStream and SureStream’s licensors. If Subscriber’s Service is terminated, Subscriber will promptly return or destroy all Software provided by SureStream and any related written materials. SureStream will have the right to upgrade, modify and enhance the Equipment and Software from time to time. Subscriber acknowledges that the Software, and any related written materials, may be subject to applicable export control laws and regulations of the USA. Subscriber agrees not to export or reexport the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
7. Repair. SureStream will repair and/or replace defective Equipment provided such damage was not caused by misuse, neglect or other fault of Subscriber. SureStream assumes no responsibility and shall have no responsibility for the operation, maintenance, condition or repair of any Subscriber-provided equipment and/or software, including, but not limited to, televisions, computer devices, remote controls or other consumer electronics, including any hardware or ThirdParty software, that may be connected to the Services (“Subscriber Equipment”) except that SureStream may automatically push required software or firmware updates directly to Subscriber Equipment when necessary for the provision of SureStream Service(s). Subscriber is responsible for the repair and maintenance of Subscriber Equipment. SureStream is not responsible or liable for any loss or impairment of SureStream’s Service due in whole or in part to a malfunction, defect or otherwise caused by Subscriber Equipment. SureStream makes no warranties, with respect to Equipment or Service provided by SureStream or with respect to the Equipment’s compatibility with any Subscriber Equipment.
Prohibitions/Theft of Service. Subscriber shall not intercept, receive or assist in the interception or receipt of, resell, distribute or duplicate any Services. In no event shall Subscriber use the Services and/or Equipment to engage in any illegal or prohibited activity.
Subscriber Liability for Users. Subscriber is responsible for any access, use or misuse of the Services and/or Equipment that may result from access or use by any other person who has access to Subscriber’s premises, equipment or account. Subscriber is responsible for ensuring that all persons who use Subscriber’s Services (each, a “User”) understand and comply with all terms and conditions applicable to the Services.
Access to Subscriber Premises. Subscriber grants SureStream and its employees, agents, contractors and representatives all necessary rights of access to enter within Subscriber’s premises, including access to space for cables, conduits and equipment, the wiring within Subscriber’s premises and Subscriber’s computer(s) and other devices to install, deliver, connect, inspect, maintain, repair, replace, disconnect, remove or alter any and all facilities, check for signal leakage or install or deliver Equipment and Software provided by SureStream. Subscriber shall cooperate in providing such access upon request of SureStream. If Subscriber is not the owner of the premises, Subscriber warrants that Subscriber has obtained the legal authority of the owner to authorize SureStream personnel and/or its agents to enter the premises for the purposes described herein. SureStream’s failure to remove its Equipment shall not be deemed an abandonment thereof. Subscriber shall provide a secured space with electrical power and surge protection, climate control and protection against fire, vandalism, and other casualty for SureStream’s equipment. Subscriber is responsible for ensuring that Subscriber’s equipment is compatible for the Services selected and with the SureStream network.
Violations of this Agreement. It shall be a violation of this Agreement for Subscriber or any User: (1) to engage in any conduct prohibited by this Agreement (or by any terms and conditions incorporated herein by reference); or (2) not to engage in conduct required by this Agreement, each case determined in SureStream’s sole good faith discretion. In addition, whether or not the conduct set forth below is elsewhere prohibited by this Agreement, it shall be a violation of this Agreement if:
1. Subscriber or any User fails to abide by SureStream’s rules and regulations or to pay the charges billed;
2. Subscriber or any User provides false or misleading information about You or any Users, including but not limited to inaccurate information related to your creditworthiness;
3. Subscriber or any User harasses, threatens or otherwise abuses any SureStream employee or agent;
4. Subscriber or User uses the Services in a manner that is illegal, negatively affects SureStream’s or others’ networks, customers, or operations, or that infringes anyone’s intellectual property rights, violates others’ privacy, generates spam or abusive messaging or calling, or results in the publication of threatening, offensive, or illegal materials;
5. Subscriber or User resells the Services;
6. Subscriber or any User refuses to provide SureStream with reasonable access to the service location or refuses to allow SureStream to diagnose and/or troubleshoot a service issue when such access or customer interaction is necessary in order to provide the appropriate customer support; or
7. The amount of customer and/or technical support required to be provided to Subscriber or any User is excessive in the sole good faith discretion of SureStream.
Termination. SureStream may terminate this Agreement, disconnect any or all Services, and remove Equipment at any time, without prior notice, for any reason whatsoever or for no reason, including, but not limited to, if Subscriber or any User fails to fully comply with the terms of this Agreement and/or any SureStream or authorized Third-Party Provider terms of service, agreements or policies incorporated herein by reference. If SureStream terminates Service due to a violation of this Agreement or SureStream’s policies, Subscriber may be subject to additional fees and charges, including disconnect and termination fees and SureStream may also exercise other rights and remedies available under law or in equity.
Effect of Termination by SureStream. Subscriber agrees that in the event of termination by SureStream: (i) SureStream and any Third-Party Providers of co-branded services offered as part of or through the SureStream Internet Service shall have no liability to Subscriber or any User; and (ii) unless expressly prohibited by law, SureStream, in its sole good faith discretion, may decline or reject a new application for service or block access to or use of any component of the Services by Subscriber or any former User. Subscriber further agrees that upon termination of any Service, Subscriber will immediately cease use of the Equipment and any Software, and; Subscriber will pay in full the charges for Subscriber’s use of the Service and the Equipment through the later of: (i) Subscriber’s applicable Service month, or (ii) if applicable, the expiration of any promotional term, or, if applicable, (iii) the date when the associated Equipment or Software has been returned to SureStream. Failure of SureStream to remove Equipment shall not be deemed an abandonment thereof. Subscriber shall pay reasonable collection and/or attorney’s fees to SureStream in the event that SureStream shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
Content and Services. All content, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services, email, data offerings and other services are subject to change in accordance with applicable law.
Disclaimer. SureStream assumes no liability for any program, services, content or information distributed on or through the Services, SureStream Equipment or the cable system, unless locally provided by SureStream, and SureStream expressly disclaims any responsibility or liability for your use thereof. Further, SureStream shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
Telephone Communications With You Regarding Your Account or Service. You agree that SureStream and its agents may call or text you at any phone number (landline or wireless) that you provide to us, using an automated dialing system and/or a prerecorded message, for non-promotional service and/or account-related purposes, such as appointment confirmations, service alerts, billing and collection issues or account recovery concerns. You agree to notify us: (1) if any such phone number changes; or (2) is no longer active. You can manage your contact preferences by logging into your account at http://www.SureStreamInternet.com.
No Waiver. The failure of SureStream to enforce this Agreement and any of its components, for whatever reason, shall not constitute a waiver of any right of SureStream or the ability to assert or enforce such right at any time in the future.
No Assignment. This Agreement and the Services and/or Equipment supplied by SureStream are not assignable or otherwise transferable by Subscriber, without specific written authorization from SureStream. At SureStream’s discretion, SureStream may assign, in whole or in part, this Agreement, and Services may be provided by one or more legally authorized SureStream affiliates.
. No Warranty; Limitation of Liability. Subscriber expressly agrees that: (a) the Services provided are best efforts services and the Services, Software and Equipment are provided by SureStream on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied; (b) SureStream, its officers, shareholders, directors, employees, affiliates, vendors, carrier partners, content providers and other persons or entities involved in providing the Services or Equipment (collectively, the “SureStream Parties”) are not responsible or liable for any loss or impairment of service due in whole or in part to Subscriber owned- or provided-Equipment; (c) all use of the Services, Software and Equipment, including that provided by Third-Party Providers, as well as the purchase, download or use of any Third-Party service, product, or application provided by or accessed through the Services or Equipment, are provided at Subscriber’s sole risk and Subscriber assumes total responsibility for Subscriber’s or any User’s use of the Services; and (d) Subscriber is responsible for all cybersecurity measures necessary to protect Subscriber’s digital devices from damage or loss/corruption of data as a result of hacking, viruses, ransomware, distributed denial-of-service, etc. Without limiting the generality of the foregoing, the SureStream Parties make no warranty: (i) that the Services will be uninterrupted or error free or that the Equipment will work as intended; (ii) as to transmission or upstream or downstream speeds of the network; (iii) that the Services, Equipment or Software are compatible with any Subscriber owned- or provided-Equipment; or (iv) as to the security of Subscriber’s communications via SureStream’s facilities or Services, or that third parties will not gain unauthorized access to or monitor Subscriber’s communications. Subscriber has the sole responsibility to secure Subscriber’s communications and the SureStream Parties will not be liable for any loss associated with such unauthorized access. In addition, neither the SureStream Parties nor any Third-Party Provider of services or products makes any representations or warranties with respect to any product or services offered through the Services or Equipment, and SureStream shall not be party to nor responsible for monitoring any transaction between Subscriber and any Third-Party Provider of products or services.Except for a refund or credit as expressly provided in this Agreement, in no event (including negligence) will the SureStream Parties be held responsible or liable for any loss, damage, cost or expense including direct, indirect, incidental, special, treble, punitive, exemplary or consequential losses or damages including, but not limited to, loss of profits, earnings, business opportunities, loss of data, personal injury (including death), property damage or legal fees and expenses, sought by Subscriber or anyone else using Subscriber’s Service account: (x) resulting directly or indirectly out of the use or inability to use the Services (including the inability to access emergency 911 or e911 services) and/or use of the Software, Equipment or provided Third-Party services or otherwise arising in connection with the installation, maintenance, failure, removal or use of Services, Software and/or Equipment or Subscriber’s reliance on the Services, Software and/or Equipment, including without limitation any mistakes, omissions, interruptions, failure or malfunction, deletion or corruption of files, work stoppage, errors, defects, delays in operation, delays in installation, failure to maintain proper standards or operation, failure to exercise reasonable supervision, delays in transmission, breach of warranty or failure of performance of the Services, Software and/or Equipment; or (y) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding relating to Services, Software and/or Equipment, or the infringement of the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property or contractual rights of any Third-Party.SureStream’s Maximum Liability to Subscriber arising under this Agreement shall be the lesser of $5,000.00 or the amount actually paid by Subscriber for Services hereunder for the respective regular billing period.
Indemnification. Subscriber agrees to defend, indemnify and hold harmless the SureStream Parties from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to the use of the Service and Equipment by Subscriber or otherwise arising out of the use of Subscriber’s account or any equipment or facilities in connection therewith, or the use of any other products or services provided by SureStream to Subscriber. Subscriber agrees to indemnify and hold harmless the SureStream Parties against claims, losses or suits for injury to or death of any person, or damage to any property which arises from the use, placement or presence or removal of SureStream’s Equipment, facilities and associated wiring on Subscriber’s premises and further, Subscriber indemnifies and holds harmless the SureStream Parties against claims for libel, slander, or the infringement of copyright arising directly or indirectly from the material transmitted over the facilities of SureStream or the use thereof by Subscriber; against claims for infringement of patents arising from combining with or using in connection with, facilities furnished by SureStream, and apparatus, Equipment, and systems provided by Subscriber; and against all other claims arising out of any act or omission of Subscriber in connection with the Services or facilities provided by SureStream.
Regulatory Authority. This Agreement and the obligations of the parties shall be subject to modification to comply with all applicable laws, regulations, court rulings, and administrative orders, as amended.
Binding Arbitration. Please read this section carefully. It affects your rights.
1. 1. Agreement to Arbitrate Disputes. Any and all disputes arising between You and SureStream, or Your or its respective predecessors in interest, successors, assigns, and past, present, and future parents, subsidiaries, affiliates, officers, directors, employees, and agents, shall be resolved by binding arbitration on an individual basis in accordance with this arbitration provision. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
    - - Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
      - Claims that arose before this or any prior Agreement; and
      - Claims that may arise after the termination of this Agreement.
    Notwithstanding the foregoing, either You or SureStream may bring claims in small claims court in Collin county, Texas, if that court has jurisdiction over the parties and the action and the claim complies with the prohibitions on class, representative, and private attorney general proceedings and non-individualized relief discussed below. If the law of Your jurisdiction allows small claims actions to be removed or appealed for a trial de novo in a court of general jurisdiction, that appeal instead shall be resolved in an individual arbitration under this arbitration provision. You may also bring issues to the attention of federal, state, and local executive or administrative agencies.
    
    Resolving Your dispute with SureStream through arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court before a judge or jury.
    
    YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SURESTREAM EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
  2. Opting Out of Arbitration. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION AGREEMENT, YOU MUST NOTIFY SURESTREAM IN WRITING WITHIN 30 DAYS OF THE OPENING OF YOUR SURESTREAM ACCOUNT. IN ALL INSTANCES, NOTICE SHALL BE PROVIDED BY EMAILING US AT LEGAL@SURESTREAMINTERNET.COM OR BY MAIL TO: SURESTREAM LLC, 550 N Central Expy, #176, McKinney, TX 75070, ATTN: ARBITRATION.TO BE VALID, AN OPT-OUT NOTICE MUST: (1) INCLUDE YOUR NAME, ADDRESS, SURESTREAM ACCOUNT NUMBER, PHYSICAL SIGNATURE IF SENT BY MAIL OR ELECTRONIC SIGNATURE IF SENT VIA EMAIL, AS WELL AS A CLEAR STATEMENT THAT YOU ARE REJECTING THE ARBITRATION PROVISION IN THIS AGREEMENT; AND (2) BE RECEIVED BY SURESTREAM WITHIN THE APPLICABLE 30-DAY TIME PERIOD ABOVE.YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH SURESTREAM OR THE DELIVERY OF SURESTREAM SERVICES TO YOU. OPTING OUT OF THIS ARBITRATION PROVISION HAS NO EFFECT ON ANY FUTURE ARBITRATION AGREEMENTS THAT YOU MAY HAVE WITH SURESTREAM.
  3. Pre-Arbitration Process. Notice Of Dispute. A party who intends to commence arbitration must first send the other party a written Notice of Dispute and engage in a good-faith negotiation of the dispute in an effort to resolve it without the need for arbitration. To be valid, Your Notice of Dispute must include: (1) Your name; (2) the account number and service address; (3) an email address and telephone number at which You may be reached during business hours; (4) a description of the nature and basis of your claims or dispute (including where applicable specific dates); (5) an explanation of the specific relief sought; (6) Your physical or electronic signature; and (7) if You have retained an attorney, Your signed statement authorizing SureStream to disclose your confidential account records to Your attorney if necessary in resolving Your claim.
  4. Arbitration Process. To commence an arbitration, You must submit a written Demand for Arbitration to the American Arbitration Association (“AAA”), Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, with a copy to SureStream. The arbitration will be administered by the AAA under the AAA’s Arbitration Rules, as modified by this arbitration provision. If there is a conflict between this arbitration provision and the AAA rules, this arbitration provision shall govern. A single arbitrator will resolve the dispute between You and SureStream.
  5. Arbitration Fees. Except as otherwise provided in this arbitration provision, the AAA rules shall govern the allocation of arbitration fees, including but not limited to all arbitration filing, administrative, and arbitrator fees.You are responsible for all additional costs and expenses that You incur in the arbitration, including, but not limited to, attorneys’ or expert witness fees and expenses, unless the arbitrator determines that applicable law requires SureStream to pay those costs and expenses.Notwithstanding the foregoing, if the arbitrator concludes that Your claim is frivolous or has been brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the AAA rules shall govern the allocation of arbitration fees, and You agree to reimburse SureStream for any amounts SureStream may have paid on Your behalf.
  6. Governing Law. Because the Service(s) provided to You may involve interstate commerce, the Federal Arbitration Act (“FAA”), not state arbitration law, may govern the arbitrability of all disputes under this arbitration provision.
  7. Waiver of Class and Representative Actions. YOU AGREE TO ARBITRATE YOUR DISPUTE AND TO DO SO ON AN INDIVIDUAL BASIS; CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ARBITRATIONS AND ACTIONS ARE NOT PERMITTED.
    You and SureStream agree that each party may bring claims against the other only in Your or its individual capacity and may not participate as a class member or serve as a plaintiff in any purported class, representative, or private attorney general proceeding. Neither You nor SureStream may seek, nor may the arbitrator award, non-individualized relief that would affect other account holders.If any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, or request for relief (such as a request for public injunctive relief) then You and SureStream agree that such claim or request for relief (and only that claim or request) shall be decided by a court after all other claims and requests for relief are arbitrated.
Governing Law. This Agreement shall be governed by the laws of the state of Texas.
Severability. If any term or condition of this Agreement, including but not limited to any arbitration, representative or class action provisions, shall be adjudicated or determined as invalid or unenforceable by a court, tribunal or arbitrator with appropriate jurisdiction over the subject matter, the remainder of the Agreement with respect to such claim shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
No Relationship. Nothing in this Agreement will create any joint venture, joint employer, franchisee-franchisor, employer-employee or principal-agent relationship between SureStream and any content, backbone, network, circuit and other technology or communications providers, software and other licensors, hardware and equipment suppliers or other Third-Party providers of elements of the high speed internet service, nor impose upon any such companies any obligations for any losses, debts or other obligations incurred by the other.
Survival. All representations, warranties, indemnifications, dispute resolution provisions and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination (including legal conditions, payment, and SureStream rights and the rights of others).
Force Majeure. SureStream Parties shall not be liable for any delay or failure of performance or Equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action or request of the United States government or of any other government including state and local governments having or claiming jurisdiction over SureStream, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments or of any military authority; preemption of existing service in compliance with national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, material shortages, strikes, lockouts, or work stoppages.
Entire Agreement. These Terms of Service, including any applicable Additional Terms of Service and Customer Privacy Notice, and the Service Order constitute the entire agreement between the Subscriber and SureStream with respect to the Services. No undertaking, representation or warranty made by an agent or representative of SureStream in connection with the sale, installation, maintenance or removal of SureStream’s Services or Equipment shall be binding on SureStream except as expressly included herein.
Amendment; Notice. SureStream may, in its sole discretion, change, modify, add or remove portions of these Terms of Service at any time. SureStream may notify Subscriber of any such changes to these Terms of Service, or any other required or desired notice hereunder, by posting notice of such changes on SureStream’s website, or by sending notice via email or postal mail to Subscriber’s billing address, and/or by contacting the telephone number(s) on Subscriber’s account (including mobile phones) by means such as but not limited to browser bulletins, walled garden (browser interruption), voice, SMS, MMS, and text messages, including by the use of by automatic telephone dialing systems. Subscriber agrees that any one of the foregoing will constitute sufficient notice. Because SureStream may from time to time notify Subscriber about important information regarding the Services, the Privacy Notice and these Terms of Service by such methods, Subscriber agrees to regularly check his or her postal mail, e-mail and all postings on the SureStream web site (www.SureStreamInternet.com) and Subscriber bears the risk of failing to do so. The Subscriber’s continued use of the Service(s) following notice of such change, modification or amendment shall be deemed to be the Subscriber’s acceptance of any such revision. If Subscriber does not agree to any revision of these Terms of Service, Subscriber must immediately cease use of all Services and notify SureStream that Subscriber is cancelling this Agreement in accordance with the then-current policy.