Updated/Effective: June 1, 2020

This Service Contract (Contract) is between Inventive Wireless of Nebraska, LLC, DBA Vistabeam (hereinafter referred to as “Vistabeam”), 1225 Sage St., Gering NE 69341 and the Subscriber (the person or entity whose name appears on the account.) At the sole discretion of Vistabeam, Internet access, wire line, data, or voice Service (Service) to the customer may be commenced either prior to, or subsequent to, obtaining and verifying relevant personal credit and/or financial information of Subscriber. Vistabeam reserves the right to demand a deposit and/or terminate Service to Subscriber if no deposit is received by Vistabeam. If in the sole discretion of Vistabeam, Subscriber’s credit and/or financial information prove unsatisfactory at any time while Vistabeam if providing Service to the Subscriber, Service may be terminated. Subscriber certifies and warrants that the information provided in this Contract is complete and correct. In the event this Contract is accepted by Vistabeam, Subscriber agrees to the following terms:

1. The person whose signature appears on this Contract represents that he/she is the Subscriber or is authorized to accept this Contract and its terms on behalf of the Subscriber. Subscriber certifies and warrants, to the extent that he/she is acting as an agent to a third party, he/she has express authority to submit this Contract, and if this Contract is accepted by Vistabeam. Subscriber certifies and warrants that he/she has express authority to bind the Subscriber to this Contract. Upon acceptance by Vistabeam of this Contract, this Contract shall be deemed an agreement for Internet Access Service.
2. Subscriber shall acquire no proprietary interest in the address(es) or number(s) assigned by Vistabeam for Subscriber’s use. Customer agrees to operate the internet access equipment only for lawful purposes, in conformity with the rules and regulations of the Federal Communications Commission, local laws, and according to Vistabeam’s Acceptable Use Policy. Subscriber agrees to allow Vistabeam to read and copy files stored or transferred via or on Vistabeam equipment. Vistabeam may reveal the content of the files stored and transferred via Vistabeam equipment to law enforcement, if it chooses. Vistabeam will not read subscriber’s mail except as required by Subscriber or as requested by law or law enforcement. Subscriber may encrypt his/her mail. Subscriber agrees to indemnify and hold Vistabeam harmless for and against any and all claims for libel, slander, or the infringement of any copyrights or parents arising directly or indirectly from transmissions over the service, and against all other claims arising out of any act or omission of subscriber in connection with the use of services provided by Vistabeam.
3. Subscriber understands that the liability of Vistabeam and/or any supplier to Vistabeam for damages arising from any cause whatsoever, including but not limited to mistakes, omissions, interruptions, delays, errors or defects in transmission, or failures or defects in Services or Service components furnished by Vistabeam, regardless of the form of action asserted, shall be limited to an amount equivalent to charges otherwise owed by Subscriber pursuant to this contract for Services during the period such damages were incurred. In no event shall Vistabeam and/or any supplier of Vistabeam be liable for special or consequential damages.
4. Subscriber acknowledges that Internet access transmissions is subject to geographic, atmospheric and other variable conditions beyond the control of Vistabeam and that its communications Service may be interconnected with the publicly switched telephones or with another carrier’s network. Subscriber also acknowledges that Internet access Services require certain physical arrangements of Vistabeam facilities and are subject to the availability of such facilities. Vistabeam reserves the right to limit the length of communication when necessary.
5. Subscriber understands that no liability shall attach to Vistabeam for any act or omission of another carrier furnishing a portion of the Services, facilities or equipment to Subscriber.
6. Subscriber agrees that Vistabeam shall not be liable to Subscriber or any authorized user if changes in Vistabeam’s facilities, operations, or Services render obsolete any equipment provided by the customer, or authorized user, require modification or alteration of such equipment, or otherwise affected the performance of such equipment.
7. Subscriber may not resell the Service in whole or in part to any third party, unless the Subscriber has entered into a reseller agreement with Vistabeam. Subscribers further agree that they will not, directly or indirectly, use Vistabeam Service in whole or in part to provide any form of service generally associated with an Internet service provider, or otherwise be in competition with Vistabeam.
8. Subscriber understands that he/she is sharing Vistabeam’s network with other subscribers operating on the same tower and network and thus agrees to do nothing that will infringe on another subscriber’s ability to use Vistabeam’s system. This infringement includes but is not limited to modifying the network settings, overwhelming the local network or any other network with traffic, invading the privacy of others on the network, sending unsolicited mass mailings from within the network, allowing the Subscriber’s computer to act as a server on the network, and allowing Subscriber’s computer to host music or movie files that are open to the Internet for others to download. Subscriber agrees to block any peer-to-peer software from sharing files.
9. Installation and fees are due upon installation completion. All invoices are due and payable in full upon receipt. In the event Subscriber’s account becomes past due, Subscriber agrees to pay all costs reasonably incurred by Vistabeam, its agents and affiliates in collecting monies due to Subscriber’s account.
10. Subscriber is responsible for providing homeowner’s insurance and coverage for any loss arising out of the theft, lightening, flood or any damages to equipment in Subscriber’s possession provided by Vistabeam.
11. Vistabeam may terminate this contract (or agreement) in the event the Subscriber is in breach of any material term of this contract, including failure to pay any amount for service when due. In addition, Vistabeam may terminate this contract in the event Subscriber fails to comply with any material terms of this contract or with its Acceptable Use Policy. This right to terminate shall be in addition to any other remedy set forth in this contract or the policies of Vistabeam.
12. The terms and conditions of this Contract are valid for two (2) years from the date of execution of this Contract; upon conclusion of which this Contract will remain in force on a month-to-month basis and may be overridden by a subsequent contract and subscriber service agreement. Additionally, upon the conclusion of this Contract, either Vistabeam or Subscriber may cancel services covered under the terms of this Contract provided that thirty (30) day written notice is submitted by Vistabeam or Subscriber to the other party of the Contract expressing the intent to cancel all services provided under the terms of the Contract. The Subscriber is allowed to switch between the connection packages specified on the Acceptance of Quote Page of this proposal at any time. Package change requests will be billed on the next billing date and will continue until Subscriber notifies Vistabeam of desired change. Subscriber agrees to, in the event of early termination of this Contract (within the two-year Contract period), pay Vistabeam a cancellation penalty in the amount of three (3) months service charges at the time of cancellation in the event of early termination of this Contract (within the two-year Contract period).
13. Subscriber agrees to return all leased equipment installed for the Service to Vistabeam upon cancellation or termination of Service. Subscriber agrees to reimburse Vistabeam for any leased equipment not returned to Vistabeam within 15 days after termination of the Subscriber’s Service at the following rates. Vistabeam will bill the Subscriber 15 days after termination as listed below for equipment not returned: Business wireless Internet access equipment: $500.00; VoIP ATA unit: $75.00; rack-mount non-wireless router: $100.00.
14. Subscribers have our Maintenance Package automatically added to their service.
15. Late Fees. At 30 days past due, your account may be assessed late fees and collection fees. Except where late fees are set pursuant to law, the current late fee you will incur each month is 10% of the overdue invoice amount, or $12.00, whichever is greater. If you fail to pay the amount owed, we may suspend or terminate any services provided to you, and may require you to pay a reactivation fee, in addition to paying all outstanding balances, prior to restoring your services. It is your responsibility to ensure Vistabeam is in receipt of your payment by the due date indicated on your billing statement.
    

© Copyright 2018, Inventive Wireless of Nebraska LLC. D/B/A Vistabeam Internet. All Rights Reserved.