Master Service Agreement (MSA)

Big River Broadband Terms of Service

Big River Broadband will pass through any third-party charges incurred by Big River Broadband as a result of hosting the customer’s DNS, including, but not limited to domain name, registration and renewal charges.

 

Big River Broadband Master Service Agreement Definitions:

“Customer” refers to the individual or entity to whom services will be provided.  “Big River Broadband” refers to Big River Broadband, LLC or to the Big River Broadband, LLC subsidiary that operates in the state in which the customer obtains service.  “Effective Date” is the date this Agreement is executed by Big River Broadband.

 

Rate Plans:

This Agreement is subject to and incorporates by reference Big River Broadband’s rates (“Rate Plan”), rules, and regulations applicable to the services as provided to Customer or posted on Big River Broadband’s website.    Customer’s rate plan includes monthly service allotments of minutes, message or data, rates, coverage, leased equipment and other terms.  To the extent any term in your Rate Plan expressly conflicts with this Agreement, the term in your Rate Plan will govern.  Your Agreement applies to each line of service, although different terms and conditions may apply to different lines of service on your account. 

 

900 Access:

At Customer’s request, Big River Broadband will permit Customer dial-up access to 900 service number provided by third-party vendors by removing the “blocking” that Big River Broadband typically applies to those services.  If such a request is made by Customer, Customer shall be liable for all charges associated with 900 number services dialed from the customer premises, regardless of whether such use (1) is authorized by Customer management; (2) is initiated by Customer employees or third parties; or (3) constitutes or involves fraudulent activity of any nature.  Customer agrees that Big River Broadband assumes no liability of any kind with respect to its providing access to 900 services, the use of 900 services, or the content or use of the information provided via 900 services, via connections from Customer premises and locations where Customer uses Big River Broadband service.  Customer shall indemnify, defend and hold Big River Broadband harmless against any and all claims made by the third party vendor of 900 services or information services providers that subscribe to services provided by such third party providers of information services.  Customer acknowledges that, pursuant to government regulation, failure to make proper payment to third party vendors of 900 services could result in suspension or interruption of long distance and/or local services provided by Big River Broadband.  Big River Broadband assumes no liability of any kind with respect to such potential suspensions or interruptions.

 

International Calling:

At Customer’s request, Big River Broadband will permit Customer access to international calling capabilities by removing the “blocking” that Big River Broadband typically applies to that service.  If such a request is made by Customer, Customer shall be liable for all charges associated with all international calling charges dialed from the customer premises, calling card(s) and/or access numbers, regardless of whether such use (1) is authorized by Customer management; (2) is initiated by Customer employees or third parties; or (3) constitutes or involves fraudulent activity of any nature.  Customer agrees that Big River Broadband assumes no liability of any kind with respect to its providing access to international calling or the use of international calling services via connections from Customer premises and locations where Customer uses Big River Broadband’s service.  Customer shall indemnify, defend and hold Big River Broadband’s harmless against any and all claims made by any third party related to the use of international calling services.  Customer acknowledges that, pursuant to government regulation, failure to make proper payment to third parties could result in suspension or interruption of long distance and/or local services provided by Big River Broadband.  Big River Broadband assumes no liability of any kind with respect to such potential service suspensions or interruptions.

 

Big River Broadband’s Equipment:

Big River Broadband will provide equipment (the “Big River Broadband Equipment”) to access the Service. The Big River Broadband Equipment shall, at all times, remain the property of Big River Broadband or its designee.

Customer agrees to return the Big River Broadband Equipment to Big River Broadband if Customer Service is terminated or cancelled by either Customer or Big River Broadband. The equipment installed at the customer premise is the property of Big River Broadband and must be returned within seven (7) days of service termination or service order termination.  If the equipment is not returned within this timeframe, Customer agrees to reimburse Big River Broadband for the full purchase price of the Big River Broadband Equipment as well as any attorney’s fees and costs incurred by Big River Broadband related to Big River Broadband’s retrieval of the equipment. Customer acknowledges and agrees that if Customer uses the functionality of Big River Broadband’s equipment, Customer shall pay a monthly maintenance charge.

Customer agrees not to sell, transfer, lease, encumber, or assign all or any part of the Big River Broadband Equipment to any third party. Customer agrees to pay Big River Broadband the full purchase price of the Big River Equipment if it is lost, stolen, unreturned, damaged (excluding normal wear and tear), sold, transferred, leased, encumbered, assigned or if for any other reason Customer fails to return the Big River Broadband Equipment at the end of Customer’s Service. Customer further agrees not to tamper with the Big River Broadband Equipment or change its identifier or electronic serial number or address. Customer acknowledge that the Big River Broadband Equipment is merely a means for Big River Broadband to provide Customer the Service and that Big River Broadband may remove or change it at Big River Broadband’s discretion. Customer agrees not to use the Big River Broadband Equipment for any purpose other than to use the Service in accordance with this Agreement.

Customer will not relocate the Big River Broadband Equipment. At Customer’s request, Big River Broadband may relocate the Big River Broadband Equipment within the Premises for an additional charge, at a time agreeable to Customer and to Big River Broadband. If Customer changes service location, Customer must contact Big River Broadband for information on whether the Big River Broadband Equipment and Services can be transferred to Customer’s new location and what the relocation will cost. If Customer wishes to disconnect the Services, Customer must contact Big River Broadband for information on the necessary procedures. If Customer violates this Agreement by moving the Big River Broadband Equipment from the physical location where it was originally installed, emergency 911/E911 communications may be misdirected to an incorrect emergency services responder or the emergency responder may be directed to the wrong address.

Customer authorizes the Big River Broadband and its employees, agents, contractors, and representatives to enter Customer’s Premises at which the Service will be accessed (the “Premises”) in order to install, maintain, inspect, repair and remove the Big River Broadband Equipment and the Service, and any Big River Broadband provided equipment used in connection with the Service. The Big River Broadband will arrange access at times agreeable to the Customer. Customer warrants and represents that: Customer is the owner of the Premises or Customer has permission of the owner and the authority to enter into this Agreement and to grant access to the Premises.

 

Service Order Terminations/Installation Delays:

If Customer terminates this Agreement within thirty (30) days (grace period) of accepting this Agreement, but prior to installation, Customer may be entitled to a refund of activation fees, if any.   If Customer cancels this agreement after thirty (30) day grace period but prior to installation of equipment by Big River Broadband or prior to Customer installation for self-installation kits and Big River Broadband has incurred any costs in installing the service or in preparing to install the service that it otherwise would not have occurred, a charge equal to the costs Big River Broadband has incurred shall apply and Customer agrees to pay Big River Broadband for those charges.  This charge will not exceed the sum of the charges for the minimum period of service ordered, including installation charges.  Customer also acknowledges and agrees that if Customer causes an installation delay of any of its services that lasts longer than thirty (30) days past the Customer’s original installation due date and Big River Broadband has incurred charges from its vendors, Customer will pay all applicable monthly recurring charges for all Customer’s services as if all services were installed on the thirty-first (31st) day past the original installation due date.  Additionally, in the event installation delays occur for any reason, Big River Broadband shall not be responsible for charges imposed on Customer by Customer’s previous service provider(s) and/or the difference between such charges and the charges that Big River Broadband would have imposed pursuant to this Agreement.  In any case if Customer has equipment purchased in connection with this Agreement, Customer must return the equipment per the Big River Broadband’s Equipment section above.

 

Satisfaction Guarantee:

If there is a material failure by Big River Broadband in the provision of the services to Customer (excluding billing issues) during the initial sixty (60) days following the first installation of the services (“Satisfaction Period”), and Big River Broadband fails to cure such material failure within ten (10) days of receipt of written notice of such failure from Customer, Customer may terminate this Agreement without incurring liquidated damages (as described below) by delivering written notice of such termination to Big River Broadband and making payment of any outstanding balance for services rendered by Big River Broadband to Customer through the date of the written notice of termination.  Customer may not exercise this Satisfaction Period termination clause if a material failure by Big River Broadband in the provision of the services to Customer cannot reasonably be cured within ten (10) days if Big River Broadband begins to cure the failure within ten (10) days and continues actively and diligently in good faith to cure such failure.

 

Customer’s notice must be sent to

Big River Broadband Company, LLC

ATTN:  Customer Care Department

101 South Jefferson

Farmington, MO 63640

 

Renewal:

Either Big River Broadband or Customer may terminate this Agreement at the end of the initial term by providing not less than thirty (30) days written notice to the other party prior to the end of the initial term.  If neither Big River Broadband nor Customer provides such written notice of termination at least thirty (30) days prior to the end of the initial term, this Agreement shall continue for an additional one-year period (“renewal term”).  Thereafter, this Agreement shall continue to renew for additional one-year periods unless Big River Broadband or Customer provides written notice of termination at least thirty (30) days prior to the end of each renewal term.

Customer’s notice of termination must be sent to:

Big River Broadband Company, LLC

101 South Jefferson

Farmington, MO 63640

ATTN:  Customer Care Department

Termination:

Customer may terminate this Agreement without incurring a cancellation fee within thirty (30) days of service activation, but Customer will be responsible for service fees and charges incurred.  Because Big River Broadband is relying upon Customer to complete the term of this Agreement, if Customer or its successor in interest or assignee elects to terminate any or all Services provided pursuant to this Agreement (or Services added by Customer later) prior to the expiration of the initial or renewal term, but after thirty (30) day grace period, Big River Broadband will suffer damages.  Therefore, in the event of early termination beyond the thirty (30) day grace period, except as noted below, Customer agrees to pay Big River Broadband, as liquidated damages and not as a penalty, an amount of $425 dollars less credit of $10 for each month of the service agreement completed at the time of cancellation. Customer further agrees to pay Big River Broadband any applicable promotional and/or quantity pricing discounts the Customer received from Big River Broadband pursuant to this Agreement. Customer acknowledges that Big River Broadband does not provide services beyond specific service boundaries.  If Customer moves beyond such boundaries, Customer may terminate the Services provided pursuant to this Agreement upon payment of a $50 per line fee and upon a showing by Customer that Customer’s reason for terminating Service is due to Customer’s move exclusively (i.e., new lease, etc).

Big River Broadband may terminate this Agreement at any time without notice if Big River Broadband ceases to provide services in Customers area.  Big River Broadband may also interrupt or terminate services without notice: (1) for any conduct by Customer that violates this agreement, (2) if Customer behaves in an abusive, derogatory, or similarly unreasonable manner with any of our representatives, (3) if Customer fails to make all required payments when due, (4) if Big River Broadband has reasonable cause to believe that Big River Broadband’s equipment is being used for an unlawful purpose or in a way that (i) is harmful to, interferes with, or may adversely affect Big River Broadband’s services or the network of any other provider, (ii) interferes with the use or enjoyment of services received by others, (iii) infringes intellectual property rights, (iv) results in the publication of threatening or offensive material, or (v) constitutes spam or other abusive messaging or calling, a security risk, or a violation of privacy,  or (5) if Customer provided inaccurate credit information, or (6) Big River Broadband believes Customers credit has deteriorated and Customer refuses to pay any requested advance payment or deposit.

 

Partial Cancellations:

Because Big River Broadband’s prices are conditioned on Customer’s continuing subscription to the services and quantities of services contained in the Agreement, Customer will revert to the higher pricing plans and promotional offers associated with the customer’s new set of services and the liquidated damages described in the “Renewal and Termination” section above will also apply.  However, in the event Customer elects to cancel 25% or less of its voice and/or data services, the liquidated damages described above will be waived by Big River Broadband if:  (1) such cancellation does not result in Customer falling below five voice lines; (2) Customer is current in payment for all invoiced Big River Broadband services; and (3) Customer agrees to: (a) pay Big River Broadband $50 for each cancelled line: (b) revert to the higher pricing plans and promotional offers associated with each line if such installation charges were waived when Customer’s services were initially installed; and (d) pay Big River Broadband any applicable promotional and/or quantity pricing discounts the Customer received from Big River Broadband pursuant to this Agreement.

 

Credit Policy:

Big River Broadband will perform credit checks on all prospective Customers prior to service installation.  If prospective Customer receives a low credit score based upon Big River Broadbands policy, Big River Broadband will require a deposit of $200.  The deposit will be credited back to Customer after 13 months of service (with simple interest at the rate required by law) and the account must have remained in good standings for the continuous 13 months.  Low credit score may also result in higher monthly charges due by Customer.

 

Miscellaneous:

This Agreement shall be binding upon and inure to the benefit of Big River Broadband’s successors and/or assigns.  This agreement is binding upon and inures to the benefit of Customer’s successors and/or assigns; however, Big River Broadband may determine whether such a successor or assign is acceptable by giving its written consent, which consent shall not be unreasonably withheld.  This agreement constitutes the entire agreement between parties and supersedes any prior or contemporaneous proposals, discussions, or agreement, whether verbal or written concerning Big River Broadband offerings.

By signing this Agreement, the customer also accepts the terms of the Acceptable Use Policy at https://bigrivercom.com/about-us/typical-use-policy/ Service Agreement initial term is for two years.  If Customer adds lines during the course of this Agreement, Customer’s original Letter of Authorization provides Big River Broadband with authorization to add such lines and such authorization will be deemed to comport with federal and state unauthorized carrier change regulations, laws, administrative Orders and other legal guidelines.  Charges for services in this Agreement do not include taxes, surcharges, and fees.  Such taxes, surcharges, and fees are based on the state, local and federal taxes, fees and surcharges imposed by the jurisdiction in which the Customer is receiving services.

Big River Broadband reserves the right to change the rates, terms, and conditions of this Agreement and its online pricing lists, and it may discontinue or modify any or all other aspects of the Service, in its sole discretion, at any time by posting changes online at www.bigrivercom.com/mas. Your continued use of Big River Broadband Service after changes are posted online constitutes your acceptance of this Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement. Because Big River Broadband may, from time to time, notify you about important information regarding the Service, this Agreement, and related matters electronically and/or by mail, you agree to check your postal mail, email, and all postings on Big River Broadband’s website at www.bigrivercom.com/msa  (or at an alternative website if we so notify you) regularly and to bear the risk of failing to do so.

 

Network Management Policy:

Big River Broadband has deployed network congestion management techniques to our LTE Wireless network to improve network capacity to benefit the greatest number of customers. Bandwidth allocated to streaming video, flash video and peer-to-peer file sharing applications is managed to reduce network congestion.

This Network Management Policy was put in place to prioritize Real-time Telephone, general Internet traffic over streaming applications and then to prioritize streaming applications over bulk download applications at the aggregate level on our Wireless Network. No one traffic type gets insufficient bandwidth. In addition data cached for streaming applications is managed to control the volume of date cached and not transmitting data for videos that are terminated or not viewed by end user. Streaming video will be limited to standard definition viewing. Peer-to-Peer file transfer application speed will be limited to 1.5Mb. The effect of Wireless network management process is improved wireless network performance for our wireless customers.

Big River Broadband does not block any lawful content, applications or services and does not discriminate in transmitting lawful network traffic. Big River Broadband does not block or manage any specific protocols or protocol ports. Port blocks or preventive action may be used temporarily following notice to a customer who has violated the terms of service. Voice traffic may be prioritized to improve quality. Big River Broadband does not otherwise target specific types of traffic based on technology, application or provider, modify protocol fields in ways not prescribed by the protocol standard, or otherwise inhibit or favor certain applications or classes of applications.

Residential customers are prohibited from operating a web server, FTP server, file server or game server or running any other server applications or providing network or host services to others.

Big River Broadband does not engage in any “deep packet inspection” or other inspection of content for non-diagnostic purposes, such as providing customers with specific advertising or recommendations based on use of the Internet.

Service Speeds

High Speed Internet services are available in tiers that offer customers a variety of upload and download speeds. To view our Internet packages including speeds, pricing and bandwidth usage, please click on the following link: http://bigrivertelephone.com/

Please note that Internet tiers or packages are described as offering “up to” certain speeds. While Big River Broadband architects its network to achieve the stated speeds for each of the service tiers offered, the company does not guarantee that customers will always experience those speeds. Speeds at peak times may be lower than the advertised speeds due to many factors, including a high volume of data intensive simultaneous downloads and streaming video. Peak hours are everyday between 3pm to 11:30pm. Peak hours may vary on Saturday and Sunday.

The following variables may also affect actual speeds experienced by a customer:

1. The performance of a customer’s computer, including its age, processing capability, its operating system, the number of applications running simultaneously, and the presence of any adware or viruses.

2. The type of connection between a customer’s computer and modem. For example, WIFI connections may be slower than direct connections into a router or modem. WIFI connections also may be subject to greater fluctuations, interference and congestion.

3. The distance packets travel (round trip time of packets) between a customer’s computer and its final destination on the Internet, including the number and quality of the networks of various operators in the transmission path. The Internet is a “network of networks.” A customer’s connection may traverse the networks of multiple providers before reaching its destination, and the limitations of those networks will most likely affect the overall speed of that Internet connection.

4. If a large number of visitors are accessing a site or particular destination at the same time, a customer’s connection to that site will be affected if the site or destination does not have sufficient capacity to serve all visitors efficiently. Congestion also occurs when customers served by the same facilities simultaneously request high volumes of data, such as during peak usage hours in the evening.

5. Gating of speeds or access by the website or destination. In order to control traffic or performance, many websites limit the speeds at which a visitor can download from their site.

6. Specific to Big River Broadband’s wireless service, average speeds may vary based on location within the wireless footprint and the level of traffic occurring on the network in that area. In weaker signal areas an antenna is required for phone service and is optional to obtain improved high-speed Internet performance.

Customers can conduct a speed test at http://speedtest.bigrivertel.net.

Questions concerning performance or speeds should be addressed to technical support by calling 1-855-55-GO-BIG option 2

 

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