Terms of Service
Subscriber hereby subscribes for the service itemized on the front side of this agreement and agrees to the following temrs. "Company" shall mean Sunflower Broadband and/or its affiliated or subsidiary companies, providing the Services. Company agrees to provide Subscriber with such services on the terms herein after provided at the current monthly subscription fee payable in advance on the first day of the Subscriber's billing cycle each month. Rates for service and other charges may be changed by Company at any time on a prospective basis, upon written notice and subject to applicable law. Subscriber agrees to pay all charges, fees and taxes when due.
It is understood and agreed that the equipment used to bring this service to Subscriber is and shall remain the property of the Company except in those cases where Subscriber has purchased his/her equipment. It is, by this Agreement, rented to the Subscriber. Subscriber shall return the equipment to the Company office upon termination of service. Subscriber covenants and agrees not to intentionally destroy, damage, or in any manner tamper with the equipment. In the event Subscriber shall fail to return this equipment or to allow for its retrieval or in the event the equipment is lost, damaged, destroyed, or stolen, subscriber agrees to pay the Company the cost of replacement not as a penalty but as a liquidated damages, plus cost and fees to the extent allowable by law. Subscriber's liability shall not extend to the legitimate malfunctions of the equipment, which are beyond control of the Subscriber.
Subscriber may cancel this subscription at any time following the first calendar month of service by returning the equipment to the company business office during regular hours ( Monday through Friday, 8:00 AM to 6:00 PM, and Saturday, 9:00 AM to 5:00 PM ) or, if no equipment is included, by calling company's business office during normal business hours. Subscriber shall be obligated to pay for the service, and shall be fully responsible for the equipment, until said equipment is returned to the Company.
A Subscriber must advise Company of a dispute within 90 days of the billing date and prior to the date of a proposed suspension of service that all or any part of any billing as rendered is in dispute. A subscriber may advise Company that a bill is in dispute by written notice, in person, or by a telephone call directed to the appropriate personnel.
If Subscriber becomes delinquent in payment of the monthly charge for the service, the Company is hereby authorized to terminate the service. If Subscriber is a homeowner, business owner or tenant, the Company, through is representatives, is authorized, in the event of any adult resident, to enter Subscriber’s residence or business, and remove the equipment, after the termination of service for whatever reason. If Subscriber is a tenant of a multi-dwellings structure, the Company, through its representatives, is authorized to enter the Subscriber’s premises by admission and in the presence of a representative of the owner or rental manager or the tenant of that unit to remove the equipment after the termination of service for whatever reason.
Subscriber may, upon the execution of this Agreement, be required to pay to Company a deposit in addition to charges for installation, processing, and monthly charges. At such time as Subscriber returns the equipment in good condition to Company and makes full payment of Subscriber’s account, the deposit will be returned to Subscriber. The Company shall have a period of thirty (30) days following the return of the equipment to process and credit the deposit to Subscriber. The Company shall have the right to apply any part or all of the deposits to any unpaid balance of Subscriber’s account or to any other indebtedness of the Subscriber to Sunflower Broadband.
It is understood and agreed that the terms of this Agreement shall apply to any replacement equipment provided to Subscriber by the Company.
Subscriber shall not assign or transfer this Agreement or the equipment to any individual or entity.
Subscriber shall be responsible for batteries in any remote control device.
Telephone service is provided pursuant to applicable tariffs and Subscribers of telephone service shall be subject to the tariff provisions. A copy of the tariff provisions can be viewd at:
Subscribers of high-speed internet services also agree to be bound by the terms, including Acceptable use, outlined at:
These terms and the tariffs may be changed from time to time on a prospective basis. You acknowledge and agree that these are available to view or download at the Company’s website or you may contact a customer service representative at Company or come to our cable office to receive copies.
Internet access speeds may vary and are not guaranteed. The speeds quoted are the maximum rates by which downstream Internet access data may be transferred between Company’s facilities and the network interface device at Subscriber’s home, office or apartment building. The maximum rate is not guaranteed and may vary. The quoted speeds should not be confused with the speed at which Subscriber’s modem receives and sends Internet access data through the public internet as such speeds are impacted by many factors beyond Company’s control. Actual internet speeds vary due to many factors including the capacity or performance of Subscriber’s computer or modem and its configuration, Subscriber’s wiring and any wireless configuration, Subscriber’s destination and traffic on the Internet, internal network or other factors at the internet site with which Subscriber is communicating, congestion on the network and the general speed of the public internet. The actual speed may affect Subscriber’s on-line experience including ability to view streaming video and speed of downloads. In addition, at Company’s sole discretion, Company has right to manage the speed and data transfer on Company’s facilities and network as it sees fit using hardware and software applications.
Subscriber may not use Service in a manner that violates any applicable local, state, federal or international law, order or regulation. Additionally, Subscriber may not use Service to use an IP address not assigned to him or her, resell or redistribute the Service to any third party via any means including but not limited to wireless technology.
Subscriber is solely responsible for the security of any device connected to the Service, including any data stored on that device. Company recommends that Subscriber take appropriate security precautions for any systems connected to the Service. Subscriber is responsible for securing any wireless (WiFi) networks connected to Company’s service. Any wireless network installed by the customer or a Company representative, that is unsecured or “open” and connected to Company’s network, may be deemed to be reselling or redistributing the Service to third parties and subject to penalties determined solely by Company including, but not limited to, additional fees, requirement to change package, and/or termination of service in addition to all other rights and remedies allowed under law.
*IMPORTANT REMINDERS*
- Make sure your equipment is covered by your Home Owner’s, Business, or tenant’s (renter’s) insurance policy.
- If service is terminated, return the equipment to Company. DO NOT leave the equipment in your vacant apartment or with the landlord, neighbor, real estate agent, or apartment manager. It is your responsibility to return the equipment to Company.
- Monthly billing for service will continue at Subscriber’s current rate until the equipment is returned to Company and/or the Subscriber will be charged for the price of the equipment.
- Insist on a receipt for the return or exchange of the equipment.
- Equipment provided is not user serviceable.
LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR DAMAGE TO SUBSCRIBER’S PERSONAL PROPERTY, INCLUDING, WITHOUT LIMITATION, SUBSCRIBER’S AUDIO COMPUTER OR VIDEO EQUIPMENT, THAT RESULTS FROM ANY CIRCUMSTANCES THAT ARE NOT THE FAULT OF THE COMPANY, FOR EXAMPLE, STORMS, LIGHTNING, OR ELECTRICAL SURGE OR OUTAGE. COMPANY MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO ANY GOODS, EQUIPMENT OR SERVICES PROVIDED UNDER THIS AGREEMENT. IN NO EVENT SHALL COMPANY BE LIABLE FOR INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM WHATEVER CAUSE INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS PROFITS OR WAGES.
Subscriber understands and agrees that in the course of installing, maintaining or removing its equipment to provide or terminate services to Subscriber, Company may install, maintain, or remove equipment such as wiring, taps, connectors, and other electronic devices, and may install fasteners such as clips or screws, on the premises. This installation, maintenance, or removal may result in holes or other damage to Subscriber’s premises. SUBSCRIBER UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE TO THE PREMISES RESULTING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF COMPANY’S EQUIPMENT THAT IS NOT CAUSED BY COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SUBSCRIBER FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY FOR ANY CLAIMS AND REASONABLE ATTORNEY’S FEES, AND EXPENSES ARISING OUT OF CLAIMS BY ANY OTHER OWNER OR MANAGER OF THE PREMISES FOR SUCH DAMAGE.
Theft of Service Notice
Federal, state, and local laws make it a crime to receive, or assist another in receiving, any cable service without our express consent. Violators face substantial criminal penalties including fines and imprisonment. In addition, we are entitled under the law to sue cable thieves in federal or state court and obtain injunctions and substantial damages. Reception of any cable service without our express authorization is prohibited.