top of page

User Agreement

LAST UPDATED 3.31.26

​

At Total Highspeed, we are committed to delivering a reliable, open, and transparent internet experience. Our User Agreement outlines how we provide service, including our approach to network management, performance, and fair access. We do not block lawful content or engage in unfair discrimination of internet traffic, and any network management practices we use are designed solely to maintain stability and performance for all users. By using our services, you agree to the terms and practices detailed in this agreement.

PLEASE READ CAREFULLY

Please read this User Agreement carefully. By using Total Highspeed’s services, you agree to be legally bound by all disclosures, terms, and conditions contained in this Agreement, even if you choose not to read it in full. If you do not agree with these terms, you must not use the services. Please contact Total Highspeed immediately to cancel service and arrange the return of any equipment by calling 417-851-1107.

​

This User Agreement is entered into between Total Highspeed Internet Solutions (“Total Highspeed” or the “Company”), a Missouri corporation, and you, the individual or business receiving service (“Customer”).

 

Service (“Services”) to the Customer, and the Customer agrees to receive those Services under the terms and conditions outlined in this Agreement. 

SECTION 1: CONSENT TO RECEIVE COMMUNICATION

1.1 Customer Communication and Consent

By becoming a customer of Total Highspeed, you consent to receive communications from us by email, text message, or phone call. These communications may include, but are not limited to, account information, billing notices, appointment reminders, service outage updates, and marketing messages. By enrolling in our services, you also agree to receive occasional text messages from Total Highspeed. Message & data rates may apply. Reply “STOP” to Opt-Out of all messaging communications. 

SECTION 2:  INSTALLATION, EQUIPMENT, AND CUSTOMER RESPONSIBILITIES

2.1 Installation, Maintenance, and Support 

Customer will be provided with all necessary labor for the installation of Internet equipment at the Customer’s requested location. Customer agrees that the Total Highspeed-Provided Equipment shall remain and be located, always, at the address of Customer. In consideration of the installation, Customer shall pay Total Highspeed a one-time installation fee (if applicable), which shall be due at the time of initial sale and contact. Any components/equipment/materials used to establish the connection is the property of Total Highspeed. Total Highspeed reserves the right, at its discretion, to install, deploy, maintain, replace, or remove any current or additional equipment or materials required for service delivery. Customer agrees to indemnify and hold Total Highspeed harmless for any injuries or damage sustained during or because of the installation of the Total Highspeed-Provided Equipment by Customer or by any agent of Customer. 

 

  1. You agree that Total Highspeed may use existing wiring at your User Location or may alter such wiring as necessary. You agree to make available electrical sources, circuits, and power with suitable outlets at your User Location to support your Service, and you are responsible for making sure all electrical connections are properly grounded. You agree to pay all costs for electricians, electrical work, or wiring work, if required. 

  2. Charges may apply for installation, certain maintenance, trouble isolation, support services, and technician dispatches. These charges may be assessed per technician, may vary based on when the service is performed (including time of day, weekdays, weekends, or holidays), and may include a minimum charge regardless of the actual time spent. Total Highspeed will inform you of any applicable charges before you incur them. If you report a service issue, a Service Call Fee may apply if the issue is not caused by the Total Highspeed network or Total Highspeed-provided equipment. A dispatch fee may also apply if you miss a scheduled service appointment or fail to provide at least 24 hours’ advance notice of cancellation or rescheduling. Repairs to your facilities or customer-owned hardware are not included in the Service Call Fee and will be billed separately based on time and materials. 

  3. The one-time installation fee is non-refundable when service cannot be established due to conditions attributable to the Customer. A refund will be issued if service cannot be established due to a Total Highspeed network deficiency. 

 

2.2 Physical Installation & Property Access: 

To provide high-speed connectivity to your home, professional installation is required. By scheduling an installation, you authorize Total Highspeed to perform the following: 

  1. Attach Equipment to the Exterior of the Residence: We will mount a small, weather-protected Network Interface Device (NID) to the exterior of your residence. 

  2. Prepare Cable Entry: To connect your internal network to the exterior equipment, our technicians will drill a small, discreet entry hole for the cabling. All entry points will be professionally sealed to ensure weather protection and a clean finish.

To ensure a safe and efficient installation, the Customer is responsible for: 

  1. Clearing a path to the entry point for the fiber cable, typically near an exterior wall. 

  2. Moving any fragile items away from the work area. 

  3. Securing pets during installation. 

  4. Informing Total Highspeed of any locked gates or special access requirements so our technician can be properly prepared. 

​​

Failure to meet these responsibilities may delay the installation or require additional service fees. 
 
2.3 Running the Fiber 

Our technician will come out and choose the best route for the fiber optic cable to reach your home.  While it is not required for you to be present when our technician runs the fiber, we do recommend it so you can approve the fiber path laid and notify us of any private utilities at that time.  The fiber cable path may be buried, aerial, or both, depending on your specific circumstances.   Deviations from our planned route may incur additional charges. 

 

2.4 Aerial Drop and Property Attachment 

For locations requiring an aerial service drop, Total Highspeed will consult with the Customer to determine the optimal attachment point on the structure. Upon Customer approval, Total Highspeed is authorized to install standard mounting hardware to the building’s fascia or other suitable structural surface. The fiber line will then be routed securely from the attachment point to the Network Interface Device (NID). Customer assumes responsibility for ensuring the mounting surface is in good repair and capable of supporting the attachment. 

 

2.5 Private Utilities 

Total Highspeed will schedule utility locate requests through 811 Dig Rite to locate all public utilities, such as main water lines, sewer lines, electrical lines, or other telecommunications that are in the area of work.  The customer is responsible for locating or notifying Total Highspeed of all private utilities on the property.  Private utilities include but are not limited to propane lines, water lines, sewer lines, and electrical lines on your private property, as well as irrigation systems, underground dog fencing, and others.  Total Highspeed will not be responsible for damage to any unmarked, improperly marked, or undisclosed private utilities on your property.  If you do not know where your private utility lines are located, you can contact a professional utility-locating company of your choice to schedule a locate at your own expense.  If you are aware of their location, you should spray paint on the ground or mark it with flags so our crew can act accordingly during the burial of the fiber line. 

SECTION 3: THIRD-PARTY PROPERTY AND MULTI-DWELLING UNIT SERVICES

3.1 Third-Party Property Approval 

It shall be the Customer's responsibility to obtain any required permits or consent for the installation of Total Highspeed equipment on property not owned by the customer.  If the property is rented, a Landlord Approval Form is required to document the landlord’s consent for the installation, maintenance, and removal of equipment necessary to provide service. Total Highspeed will furnish the form upon request. 
 
3.2 Multi-Dwelling Units (MDUs) 

If you receive services through an agreement with your property owner or manager, you are still subject to this User Agreement. Total Highspeed is not responsible for, and is not bound by, any contract between you and your property owner or manager. Some provisions of this User Agreement may or may not apply depending on the terms of your arrangement with the property owner or manager, for example, whether Total Highspeed charges you directly for services or equipment. If your arrangement with the property owner or manager ends, you will continue to receive services under standard billing terms and this User Agreement unless you choose to terminate the services according to this agreement. 

SECTION 4: WI-FI PERFORMANCE AND LIMITATIONS

4.1 Disclaimer on Wi-Fi Performance 

Total Highspeed is committed to installing and configuring our equipment to provide the strongest possible Wi-Fi signal. However, Wi-Fi is a wireless radio signal, and its performance can be affected by environmental factors both inside and outside of your location. As a result, we cannot guarantee specific speeds, signal strength, or coverage in all areas once the equipment is installed. 

 

4.2 Service Speed Verification & Testing Protocols 

Official Speed Testing Standard To ensure an accurate measurement of the bandwidth being delivered to your premises, all speed tests must be conducted using the official Total Highspeed Speed Test Portal at: https://www.totalhighspeed.com/speedtest 

 

Wired Connection Requirement 

For the purposes of troubleshooting or verifying service-level guarantees, speed tests must be performed while the testing device is directly connected via an Ethernet cable to the Total Highspeed modem or router. A "hardwired" connection eliminates the external variables and interference inherent in wireless technology. 

​

Wi-Fi Performance Disclaimer 

Customers acknowledge that results obtained via a Wi-Fi connection are not an accurate reflection of the total bandwidth delivered to the home. Wi-Fi speeds are subject to significant degradation due to: 

  1. Hardware Limitations: Older devices (phones, tablets, or laptops) may not have the processing power or antenna capacity to handle high-speed tiers. 

  2. Environmental Interference: Signals from neighboring networks, household appliances, and physical obstructions. 

  3. Distance: Signal strength and throughput drop naturally as the device moves away from the router.

​​

Total Highspeed can only guarantee and troubleshoot speeds delivered directly to the gateway; performance issues localized to a customer’s Wi-Fi environment are not considered a service outage or a breach of the service agreement. 

 

4.3 Wi-Fi Performance and Signal Range Disclosure 

Standard Coverage Expectations A standard home Wi-Fi router typically provides a reliable, high-speed indoor range of approximately 50 to 150 feet. While hardware manufacturers may advertise maximum ranges of up to 300 feet under "open air" conditions, the effective, high-performance range in a residential environment is significantly reduced by structural obstructions and interference. 

Factors Affecting Signal Integrity Customer acknowledges that Wi-Fi signal strength and throughput speeds are subject to physical environment variables, including but not limited to: 

  1. Obstruction Tolerance: Signal quality degrades as it passes through physical barriers. Performance typically drops significantly after passing through two to three interior walls. 

  2. 5 GHz Band (Preferred High-Speed): Provides the fastest speed but has a limited effective radius of 50–75 feet. For high-demand tasks such as 4K streaming or gaming, the usable radius may be reduced to 20–30 feet depending on obstacles. 

  3. 2.4 GHz Band (Long Range): Offers better penetration through walls with a reach of up to 150 feet but operates at significantly slower speeds and is more susceptible to interference from other household electronics. 

 

4.4 Typical Coverage Limits & Supplemental Equipment  

To maintain optimal service throughout larger premises, additional equipment (such as Wi-Fi Extenders or Mesh Systems) may be required if: 

  1. The square footage of the home exceeds the effective radius of a single router. 

  2. The device is separated from the router by more than two walls or floors. 

  3. The device is being used for high-bandwidth activities (e.g., gaming, UHD streaming) outside of the immediate 5 GHz coverage zone. 

​​

Total Highspeed does not guarantee Wi-Fi coverage in every area of a residence, as the internal layout and construction materials (concrete, brick, metal framing, etc.) are beyond the control of the service provider. 

​

4.5 Factors Affecting Your Wi-Fi Signal 

Signal degradation, which leads to slower speeds or connection drops, primarily occurs due to two types of interference: Physical Obstructions and Electronic Interference. 

 

1. Physical Obstructions 

Your Wi-Fi signal is weakened when it tries to pass through dense materials. The signal can be severely blocked by concrete, brick, and thick plaster walls. You should be especially mindful of metal, as it is a significant signal blocker. This includes metal shelves, metal buildings/roofs, file cabinets, large kitchen appliances (refrigerators, stoves), heating ducts, and even mirrors with metal backing. Large bodies of water, such as those in aquariums, can also absorb and weaken the signal. 

 

2. Electronic Interference 

Wi-Fi operates using radio frequencies, specifically the 2.4 GHz and 5 GHz bands. Other household electronics that transmit on or near the 2.4 GHz band can interfere with your Wi-Fi performance. This interference is commonly caused by microwave ovens (which use the 2.4 GHz band), older cordless phones, baby monitors, and certain Bluetooth devices. In dense residential areas, overlapping signals from your neighbors' Wi-Fi networks can also cause congestion and slow down your connection. 

 

Recommendations: What to Avoid 

To ensure the best Wi-Fi performance, avoid placing your router: 

  • Near metal objects or large appliances. 

  • Near sources of electronic interference, such as microwaves. 

  • Inside closed cabinets, closets, or entertainment centers, which can block the signal. 

  • On the floor or behind thick structural materials, such as brick or concrete. 

 

For optimal performance, place your router in a central location, elevated off the floor, and away from sources of interference listed above. Total Highspeed is responsible for the speed delivered to the modem; wireless performance from the router may be affected by the conditions of your premises. 

SECTION 5: EQUIPMENT, ROUTERS, AND CUSTOMER RESPONSIBILITIES

5.1 Equipment Provided by Total Highspeed 

Total Highspeed may provide certain equipment for use with the services in which you enroll. All Total Highspeed-provided Equipment remains the property of Total Highspeed. The terms of this User Agreement and your Billing Documents govern your payments for use, ownership, and return of all Total Highspeed-provided Equipment. 

 

  1. Total Highspeed-Provided Equipment

    1. ​​Ownership & Use: Total Highspeed-Provided Equipment is the property of Total Highspeed. You may not assign, rent, or transfer Total Highspeed-Provided Equipment or your rights or duties under this User Agreement to another without our prior written consent. You agree not to mishandle, abuse, misuse, or improperly store or operate the Total Highspeed-Provided Equipment, including using Total Highspeed-Provided Equipment with equipment electrically or mechanically incompatible with it. If Total Highspeed-Provided Equipment is damaged and/or non-operational for any reason other than a manufacturing defect during your use of the Services, you agree we may charge you for its full retail cost (the “Equipment Charge”). We do not refund or credit lease payments if the Total Highspeed-Provided Equipment is non-operational due to a manufacturing defect or any other reason outside your reasonable control. Please contact us by calling 417-851-1107 if your Total Highspeed Provided Equipment is not working properly. Replacement Total Highspeed-Provided Equipment may or may not be the same model. You are required to return your Total Highspeed-Provided Equipment according to the return procedure we provide you. At its sole discretion, Total Highspeed may elect not to retrieve or require the return of certain equipment. In such cases, ownership of that equipment may be transferred to you 'as-is,' and you are responsible for its environmentally-sound disposal. 

    2. Total Highspeed-Provided Equipment: If you have Total Highspeed-Provided Equipment, monthly lease payments are required for as long as you retain the equipment. These lease payments do not apply toward the purchase of the equipment. 

  2. Installation, Access, and Licenses: Certain Total Highspeed equipment may be located on your premises, including inside your home or building. Only Total Highspeed personnel are authorized to install, relocate, rearrange, test, inspect, and maintain this equipment. You must not remove Total Highspeed-provided Equipment labeled with “PROPERTY OF TOTAL HIGHSPEED” Equipment left in place in reasonable condition will not be subject to Equipment Charges, except for reasonable wear and tear. You are responsible for any damage to Total Highspeed-provided Equipment resulting from negligence or willful conduct. Additionally, you may not attach or connect any device to Total Highspeed-provided Equipment without prior authorization. Any unauthorized attachments may be removed, and your Services may be suspended or terminated. You agree to provide Total Highspeed access to your premises at reasonable hours as necessary to install, maintain, remove, or terminate equipment. Total Highspeed is not liable for defacement or damage to your premises resulting from the installation, maintenance, or removal of equipment, unless such damage is caused by our negligence. You may also be required, at your expense, to provide certain facilities, electrical services, wiring, environmental conditions, or rights/licenses necessary to receive Services if they are not already in place, which may include access to multi-unit housing complexes, commercial properties, or business developments. 

  3. Router Configuration and Customer-Owned Equipment: For Customer-Owned Equipment (COE), we encourage you to complete the initial account and hardware pre-configuration. Total Highspeed is happy to provide full setup support if needed; however, comprehensive installation services performed by our technicians may incur additional setup fees. A one-time configuration fee of $25 applies to all Customer-Owned Equipment, covering basic setup and activation. 

    1. If you choose to use your own equipment, either in place of or in addition to equipment provided by Total Highspeed, you acknowledge and agree that Total Highspeed, its affiliates, suppliers, and agents are not responsible or liable if: 

      1. You cannot access your services. 

      2. One or more services do not function correctly or at all. 

      3. Your customer-owned hardware, software, peripherals, or data are damaged. 

​​

You are responsible for any damage caused to Total Highspeed-provided equipment. 

​

The Customer acknowledges and agrees with the following regarding Total Highspeed service and customer-owned routers: 

  1. A Router is required to obtain wireless coverage, and Customers may choose to provide their own router or lease a router from Total Highspeed for an additional monthly charge. 

  2. When purchasing a wireless router, customers are responsible for ensuring the router’s Ethernet ports support the speeds of their selected service plan. Wireless speeds may vary and can be limited depending on the router’s make and model. 

  3. Cable Modems, and Cable Modem/Router combination units are not compatible with Total Highspeed internet services. 

  4. Customer-owned routers, including their configuration, Wi-Fi connections, wireless speeds, and coverage are the responsibility of the customer. 

  5. For customer-owned routers, technical support—both on-site and over the phone—is limited because Total Highspeed does not have access to the router configuration or the devices connected to it, which may affect our ability to diagnose or resolve issues. 

 

5.2 Equipment Inspections 

We reserve the right to conduct periodic inspections of our equipment outside your home on your property. These inspections are vital to ensure optimal network performance and prevent potential service interruptions. We will make reasonable efforts to notify you before scheduling an inspection. Our technicians will wear proper identification and will be respectful of your property. They will only access the equipment located outside your home. In the event of unforeseen circumstances requiring immediate access to the equipment, we will make every possible effort to contact you beforehand. However, we reserve the right to access the equipment without prior notice in emergency situations to maintain network integrity and prevent widespread service outages. 

SECTION 6: EXPLANATION OF SERVICE AND ACCOUNT FEES

6.1 Late Fees 
Late payments are subject to a fee of $5.00 per month. 

​

6.2 Autopay Opt-Out Fee 
Customers who choose to opt out of Autopay and/or paperless billing will be charged a $5.00 monthly fee.

 

6.3 Failed ACH/Check Fee 
Returned ACH or check payments will incur a $40.00 processing fee. 

​

6.4 Credit/Debit Card Processing Fee 
Payments made via credit or debit card are subject to a 3% processing fee. This fee can be avoided by using an ACH transfer.

​

6.5 Paper Bill Fee 
Customers who choose to receive a paper bill instead of paperless billing will be charged $5.00 per month.

 

6.6 Service Call Fee 
A Service Call Fee will apply for any technician visit required due to equipment misuse, customer-caused damage, or issues unrelated to the Total Highspeed network or equipment. The fee is $99 for residential accounts and $149 for business accounts. The technician will explain whether the fee applies before performing any repairs. The fee will be added to your next billing cycle.

 

6.7 Charges for Damaged Equipment 
If a service call is required due to damage to Total Highspeed-installed equipment (modems, routers, wiring, etc.), you are responsible for the cost of repair or replacement. 

  1. Minimum Charge: The minimum charge for service calls involving damaged equipment is the standard Service Call Fee ($99 for Residential; $149 for Business). 

  2. Higher Charges: If the cost to repair or replace equipment exceeds the standard Service Call Fee, you are responsible for the full cost.

 

6.8 Network Cost Recovery Fee 
A small monthly Broadband Recovery Fee may appear on your bill to help maintain and improve Total Highspeed’s network. This fee is not a government tax.

​

What the fee covers: 

  • Network Costs: Building, maintaining, and expanding the broadband network. 

  • Regulatory Expenses: Fees to federal and state agencies, rural and low-income support programs, and compliance with privacy and safety regulations. 

  • Property & Infrastructure: Use of public or private land for network facilities, including roads and right-of-way.

 

Key Points: 

  • Not a Government Tax: This fee recovers operational costs. 

  • Common Across Providers: Similar fees are charged by other internet providers. 

  • Variable: The fee may vary by location and may be adjusted based on changes in applicable costs. 

  • Billing Identification: Appears as “Network Recovery Fee” on your monthly statement. 

SECTION 7:  APPOINTMENT AND CANCELLATION POLICY

Read the following policy carefully. By scheduling an appointment with us, you acknowledge and agree to the terms below. 

​

7.1 Missed Appointments (No-Shows) 

  • A missed appointment is when you are not present or prepared for a scheduled service appointment at the agreed-upon time and have not notified Total Highspeed in advance. 

  • Missing more than two (2) scheduled appointments will result in a standard Service Call Fee ($99 for Residential and $149 for Business). This charge must be paid in full before we attempt to schedule or service any subsequent appointment(s) at your location. 

 

7.2 Late Appointment Cancellation 

  • A late cancellation is when an appointment is canceled or rescheduled with less than 24-hour notice prior to the scheduled appointment time. 

  • Any appointment canceled with less than 24 hours' notice will result in a standard Service Call Fee ($99 for Residential and $149 for Business). This fee is due immediately upon cancellation. 

SECTION 8: CHANGES TO SERVICES OR USER AGREEMENT

8.1 Necessary Changes 

We sometimes make necessary changes to the Services or to this User Agreement, including Service Terms: 

  1. Effective immediately upon posting to www.totalhighspeed.com, or of any written notice to you, including e-mail and messages on or with your Billing Documents, we may: 

    1. Stop offering all or part of Services, 

    2. Change a Service and/or this User Agreement in a way that does not directly result in a material and adverse economic impact to you, and/or 

    3. Reduce Monthly Recurring Charges(s)or One-Time Charges(s). 

  2. Please check the website, your Billing Documents, and your email regularly for changes. 

  3. Effective upon 30 days’ written notice to you, including email and messages on or with your Billing Documents, we may: 

    1. Increase Monthly Recurring Charges(s) or One-Time Charges(s). 

    2. Change a Service and/or this User Agreement in a way that directly results in a material and adverse economic impact to you, and/or 

    3. Change the Dispute Resolution and Arbitration, Governing Law provision. 

 

Total Highspeed may reduce the foregoing notice period if any of the foregoing changes are based upon Regulatory Activity. 

  1. You accept the above changes by your continued use of the Services, Total Highspeed-Provided equipment, and/or the Software after the applicable notice period. If you later conclude you no longer agree to the terms applicable to the Service(s), you must immediately stop using the relevant Service, Total Highspeed-provided equipment, and terminate the impacted Service(s). The Term and Termination provision describes how you can terminate your Service. 

  2. You may not change this User Agreement. Any changes you make or other terms you add to this User Agreement, or propose in any other documents, written or electronic, are void. 

 

8.2 Service Conditions 

The following conditions govern the use of the Services. Violation of any of these conditions may result in the suspension, limitation, or termination of Services. 

 

  1. Limits on Use: You agree not to use the Services in a way that impacts our network resources or our ability to provide services. You agree not to offer public information services (unlimited usage or otherwise). Your use of the Services may be shared to connect multiple computers/devices to the Total Highspeed-provided Equipment when those computers/devices are within a single home or office location or within a single unit within a multiple dwelling unit (e.g., single apartment or office within an apartment complex). Those connections are permitted for the sole purpose of accessing the Services to which you subscribe (including the establishment of a wireless fidelity (“Wi-Fi”) hotspot). You may not use a Wi-Fi hotspot in violation of this User Agreement or in a way that provides Services outside your residence or your single unit within a multiple dwelling unit. You agree not to resell or distribute, transfer the Services via any means, unless you have obtained our prior written consent. In addition, you cannot resell Services provided by Total Highspeed over a Wi-Fi hotspot. You will not be in violation of this User Agreement by allowing authorized employees, contractors, or users to access the Services (e.g., the customers of the establishment or hotel/motel guests and patrons). You may not use more than one IP address for each log-on session unless an advanced service allocating you more than one IP address has been purchased. The Services may only be used in the U.S. The Services may be used to host a server, personal or commercial, if such server is used pursuant to the terms and conditions of this User Agreement and not for any malicious purposes. Malicious purposes include, without limitation, spam, viruses, worms, trojans, denial of service (DoS), etc. You acknowledge that content accessible through the Services may include material unsuitable for minors and agree to supervise and assume responsibility for any use of the Services by minors through your account. We will not be liable for any loss or damage arising from your failure to comply with this Section. 

  2. Data Usage Limits: Your use of the Service is subject to data usage limitations applicable to your Service plan, if any. 

  3. Residential Wi-Fi: Total Highspeed will provide Wi-Fi-enabled equipment that enables Wi-Fi-capable devices to connect wirelessly to the Internet Service. 

    1. To use Wi-Fi, you must have Wi-Fi enabled devices that: 

      1. Meet U.S. and Wi-Fi Alliance standards. 

      2. Compatible with the Wi-Fi network being generated by the applicable Wi-Fi Equipment.  

      3. Can run IP and related protocols.  

      4. The Wi-Fi-enabled devices you are utilizing must be near the Total Highspeed-provided Equipment to achieve connectivity with the Wi-Fi. The actual Wi-Fi coverage and quality may vary depending upon the location of the Total Highspeed-provided Equipment, the location of your Wi-Fi enabled devices and conditions in and around your premises. 

      5. Wi-Fi is designed to provide you with the highest speed available from your home network at any given point in time, subject to the many different factors that can affect network performance. Total Highspeed’s most recent generation of Wi-Fi Equipment generally supports the Wi-Fi 6 standard and is compatible with older Wi-Fi standards. Older Total Highspeed-provided equipment may only support older standards. The theoretical maximum speed you may be capable of achieving from your Wi-Fi will depend heavily on which Wi-Fi standard is supported by the Total Highspeed-provided Equipment and/or Customer Hardware you use as well as which Wi-Fi standard is supported by the device you are utilizing. In addition to the factors discussed above, the actual speed you experience over Wi-Fi will depend in part on the speed of the connection between the Wi-Fi network you are accessing and the destination you want to reach on the Internet, which may be significantly below the theoretical maximum speed of the service. 

  4. Authorized Use 

    1. You are responsible for maintaining the confidentiality of passwords used with the Service, including maintaining a strong and confidential wireless network password,  

    2. You are responsible for all use of your Services and account, and anything accessed through the Services, whether by you or someone using your account with or without your permission, including all secondary or sub-accounts associated with your primary account, 

    3. You are responsible for paying for all activity associated with your account, and 

    4. You will ensure that all use of the Services complies with this User Agreement. 

    5. Wireless networking devices use public radio channels to transmit voice and data communications. Total Highspeed cannot guarantee the security, privacy, or confidentiality of any transmissions made via the Services or such wireless networking devices. Total Highspeed makes no assurances or warranties relating to their use by you. 

    6. Considering the above, you acknowledge that our use of the Services in a wireless network environment is at your own risk. You must ensure that any Authorized Designees will comply with this User Agreement. You agree: 

      1. that only you and your Authorized Designees will use your Account Information and that you will not transfer or disclose such Account Information to any other person, and 

      2. to immediately notify us of any unauthorized use on your account or any other breach of security.

  5. Service Interruptions: You agree we may restrict your use of or interrupt the Service without notice for: 

    1. Maintenance activities. 

    2. Equipment, network, or facility upgrades or modifications.  

    3. To ensure acceptable service levels to all Total Highspeed customers. We are not responsible or liable for any Service deficiencies or interruptions caused by such events. You agree that Total Highspeed, in our sole discretion, may place restrictions on use of your Services, and immediately disrupt, suspend, or terminate your Services without notice for violations, suspected violations, or to prevent violations of this User Agreement.  

    4. The Services cannot be used for any unlawful, abusive, or fraudulent purpose, including, without limitation, using the Services in a way that: 

      1. interferes with Total Highspeed's ability to provide service to Total Highspeed’s other customers, 

      2. avoids your obligation to pay for services, 

      3. constitutes a criminal offense,  

      4. gives rise to a civil liability, or  

      5. otherwise violates any law, order, ordinance, governmental requirement or regulation or this User Agreement. 

      6. Total Highspeed has an Acceptable Use Policy available online at www.totalhighspeed.com. Client agrees to review and abide by anything within said policy. TH may revise the Acceptable Use Policy from time to time without notice by posting such revisions on www.totalhighspeed.com. Any revision of this Acceptable use policy is effective immediately upon such posting. As such, the client understands they should regularly review the posted Acceptable Use Policy. In the event of a conflict between any subscriber or customer agreement and this Acceptable Use Policy, the terms of the Acceptable Use Policy will govern. 

  6. Service Credit Policy: To ensure a fair and consistent process for service adjustments, the following terms apply to all service credits: 

    1. Mandatory Notification: To be eligible for a service credit, you must notify Customer Support immediately upon experiencing a service interruption or degradation. Credits will not be issued retroactively for periods of service issues that were not reported to us at the time of occurrence. 

    2. Calculation Basis: Credits are calculated based solely on the duration of the documented "downtime" (the period starting from when you notify us of the issue until service is restored). 

    3. Credit Scope: Any approved credit will be applied as a pro-rated adjustment to the base monthly internet plan fee only. 

    4. Exclusions: Service credits do not apply to, and will not include any of the following: 

      • Applicable taxes (State, Federal, or Local) 

      • Regulatory surcharges or franchise fees 

      • Equipment rental fees 

      • One-time service charges or installation fees 

      • Note: Credits are the sole and exclusive remedy for service interruptions. We do not offer credits for outages caused by weather-related events, customer-owned equipment, or third-party interference. 

  7. Monitoring and Testing Service: We may, but are not obligated to, monitor & analyze the Services for various purposes, including but not limited to verifying compliance with this User Agreement (including the Acceptable Use Policy) and usage statistics that may be used for marketing or other purposes. We may access and record information about your devices, including, but not limited to, the type of device, the device’s operating system version, geo-location information based upon your consent, Total Highspeed-Provided Equipment information, aggregate broadband traffic, speed/throughput tests, profiles and settings including IP and MAC addresses, and installed software. You agree to permit us and our applicable third-party supplier to scan network ports, access your Total Highspeed-provided equipment and Customer Hardware. You also consent to our monitoring of your Internet connection and network performance, and to our accessing and adjusting the settings of Total Highspeed provided hardware and Customer Hardware for the purpose of providing the Services (including the Software) and managing the security and performance of our network. We may also test Services for maintenance purposes to detect and/or clear trouble. Use of the Services is also subject to Total Highspeed’s Privacy Policy, available at www.totalhighspeed.com

  8. Service Conditions for Total Highspeed VoIP (Unregulated): These Service Conditions apply to the unregulated version of the Total Highspeed Voice over Internet Protocol service described below and are in addition to those set forth in the Subscriber Agreement. The terms and conditions of the Subscriber Agreement are attached hereto and incorporated herein by reference. In the event of a conflict between the terms stated in these Service Terms and those in the Subscriber Agreement, the terms of the Subscriber Agreement will control.  

BELOW ARE IMPORTANT PROVISIONS IN THIS SERVICE SCHEDULE THAT AFFECT YOUR RIGHTS:  

  • 911 DIALING CANNOT BE GUARANTEED.   

  • VOIP WILL NOT WORK IF POWER IS LOST, DISCONNECTED, OR NOT AVAILABLE FOR ANY REASON.  

  • WE STRONGLY RECOMMEND THAT YOU ALWAYS HAVE AN ALTERNATIVE METHOD OF ACCESSING 911 SERVICES FROM YOUR LOCATION, SUCH AS HAVING AVAILABLE CELLULAR SERVICE.    

  • YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR OBTAINING SUCH AN ALTERNATIVE METHOD OF ACCESSING 911 SERVICES. 

Capitalized terms not defined in these Service Terms for Total Highspeed VOIP shall have the meaning set forth in the Subscriber Agreement to which these Service Terms are attached.  

1. Service. “VOIP” is an unregulated voice service that provides you the capability to perform Internet-based calling (e.g., voice over Internet protocol or VoIP), which is delivered to you through two-way data communications.  For VoIP to work, you must have the required Internet speed, Software, and Leased Equipment or Total Highspeed-approved compatible Customer Hardware. You must purchase the Internet connection from Total Highspeed. WE STRONGLY RECOMMEND THAT YOU HAVE AN ALTERNATE MEANS OF COMMUNICATION AVAILABLE TO YOU IN YOUR HOME.

2. 911 Services. Connection and Limits. Because VoIP works using Internet connections, calling  911 is different from what you might be used to with your traditional local or wireless service. Total Highspeed cannot guarantee that VoIP will be continuous or error-free.  IF 911 DIALING DOES NOT WORK, YOUR SAFETY AND THE SAFETY OF OTHERS WHO USE FIBER VOICE COULD BE NEGATIVELY AFFECTED.   FOR THIS REASON, TOTAL HIGHSPEED STRONGLY RECOMMENDS THAT YOU ALWAYS HAVE SOME ALTERNATIVE MEANS OF ACCESSING 911 SERVICES FROM THE SUBSCRIBER LOCATION.

​

CPNI for Voice Services Policy

Under federal law, you have a right to the confidentiality of your Customer Proprietary Network Information (CPNI), and we have a duty to protect it. This data includes your calling patterns, technical configurations, and billing information.

We use this information to provide your services, process billing, and offer similar products that may benefit you. We do not disclose CPNI to third parties or affiliates without your permission, except as required by law or to authorized service providers.

​

Your Privacy Rights: You have the right to restrict the use of your CPNI for marketing new types of services. To opt out or update your preferences, please contact our customer service team.

SECTION 9: RATES, CHARGES & PAYMENT TERMS

9.1 Rates and Charges 

All Services and Total Highspeed-provided equipment are billed at the rates shown on your billing statements. 

  1. You are responsible for any charges associated with the Services and Total Highspeed-provided Equipment, including, without limitation, monthly Service charges, any applicable usage charges, and charges related to installation or activation, maintenance, delivery, shipping and handling, changes to Services, Taxes, fees, surcharges, and other charges. Also, certain additional features and applications may be provided as part of the Service, and additional charges may apply. We may impose fees or surcharges to recover amounts that are not taxed and are not required by law but are set by Total Highspeed and may change from time to time. Except as otherwise stated in the terms applicable to promotional Monthly Recurring Charges(s), fixed-rate plans, or plans with a term commitment, Monthly Recurring Charges(s) for Services are not guaranteed and may increase during your subscription period. In addition, your fees, taxes, and surcharges also may increase at any time. In the event we offer the ability to pay any of the charges in installment payments over time (“Installment Option”), the aggregate payments under the Installment Option may be greater than the charge(s) paid by customers who pay the total charge(s) in one payment. 

    1. You may be eligible for discounts or promotional offers that you qualify for at the time you order Services and/or Total Highspeed-provided Equipment or as otherwise stipulated by Total Highspeed. In those instances, you will receive the discount or promotional offer strictly in accordance with its terms. Customers who move Services or disconnect and reconnect Services may not be eligible for promotional pricing available to new customers. You may only take advantage of one special pricing promotion per Service per account during any twelve-month period unless otherwise stipulated by Total Highspeed. 

    2. We will begin billing you for the Services when we have provisioned the Service(s) to you regardless of whether you have begun using the Services. Monthly Recurring Charges(s) will be billed one month in advance. Our billing is based on a 30-day cycle. One-Time Charges(s) for the Services generally will be billed in the billing cycle following the transaction. Your first bill for Services may include pro-rated charges for a partial monthly period prior to the beginning of your first monthly billing cycle. Upon termination, subject to applicable law, your effective date of cancellation will be the date on which you terminate the Service(s). You will not receive a prorated credit or refund for any remaining days of the Services in your billing cycle after termination. Your Services will not continue after the termination date.  

    3. Certain Service Plans may be offered at introductory or promotional rates ("Promotional Rates"). These Promotional Rates will be identified on the Plan details and will be valid for a defined period specified in the Plan (the "Promotional Period"). After the Promotional Period ends, the Customer's monthly service fee will automatically increase to the standard rate for the chosen Service Plan (the "Standard Rate"). 

  2. Specific details regarding your selected Service Plan—including monthly recurring charges, data allowances, and a comprehensive list of all applicable federal, state, and local taxes, regulatory surcharges, and administrative fees—are maintained and updated on our official website at www.totalhighspeed.com. Customers acknowledge that these taxes and fees are subject to change based on regulatory requirements and Company policy. By continuing to use the Service, Customer agrees to pay the then-current rates, taxes, and fees as published on the Total Highspeed website, which are hereby incorporated into this Agreement by reference. 

  3. Billing, Payments, and Payment Services 

    1. Payment: Customer authorizes Total Highspeed to automatically charge Customer's credit card, debit card, or bank account on file for monthly fees. Payment for your account is due on the first day of each billing cycle. Late payments will incur a fee of $5.00 per month. If your account balance is not paid by the due date, Total Highspeed will attempt to contact you and collect the outstanding amount. If the balance remains unpaid, your Service may be temporarily interrupted or suspended, and a $25.00 reconnect fee will apply. Billing Services will continue during any suspension period. If the account remains unpaid for an extended period, typically seven (7) days following suspension—and multiple contact attempts have been made, your account may be permanently cancelled. In such cases, you will remain responsible for the full outstanding balance accrued up to the date of cancellation, as well as any applicable fees. Payments will not be prorated for any unused portion of Services when an account is cancelled. 

    2. AutoPay: If the Customer opts out of AutoPay, a $5.00 monthly fee will be applied to the account.  

    3. Third-Party Payment Services: If you choose to make payments through a third-party payment service or financial institution, your use of that service is subject to the provider’s own terms and conditions. You are responsible for any fees or charges assessed by the third-party provider in connection with your payment. Total Highspeed is not responsible for, and will not be liable for, any loss or damage caused by or arising from the use of third-party payment services. If there is any discrepancy between the amount shown on a third-party payment site and the amount shown in the Total Highspeed Customer Portal or on your billing statement, the amount listed by Total Highspeed will control and be considered the accurate amount. 

    4. Credit Card Payments and Processing Fees: Total Highspeed may accept payments from select credit card providers and reserves the right to modify the list of accepted cards at any time, including the option to no longer accept credit card payments altogether, without prior notice. By providing your credit card information, you authorize Total Highspeed to automatically charge your card for all amounts due on your account. A Credit/Debit Card Processing Fee of 3% applies to payments made via credit or debit card. This fee can be avoided by paying via ACH transfer. 

    5. Messages on your Monthly Invoice or with your Payment Receipt: We may include important messages related to your Services or changes to the agreements between you and us or as required by state and federal authorities on or with the Billing Documents. It is your responsibility to read and understand these messages. 

    6. Returned Payments and Service Suspension: If a payment is returned or declined by your financial institution, credit card provider, or a third-party payment service, your account will be charged for the original payment amount plus any applicable returned payment fees ($40). Services may be suspended if payment is not received. Suspension may occur immediately upon denial of payment or after thirty (30) days of non-payment following your payment due date. Services will remain suspended until payment is received via a method acceptable to Total Highspeed, such as an ACH payment, debit/credit card, or another approved form of payment. Once your payment method is updated and payment is received, services will be reactivated. Total Highspeed will continue to bill for services during any suspension period. You will be notified of such actions as required by law. 

    7. Collections: If an outstanding balance remains unpaid after multiple attempts to collect payment, the debt may be referred to an external collection agency for further recovery efforts. You acknowledge and agree that when your account is referred to a collection agency, the total outstanding balance will be increased by a mandatory collection fee of forty-five percent (45%). In the event Total Highspeed uses a collection agency or initiates legal action to recover amounts owed, you are responsible for all costs associated with those collection efforts, including reasonable attorneys’ fees. The total amount you owe will include your original unpaid balance plus any applicable collection fees. 

    8. Billing Review, Questions & Disputes:  

      1. You are responsible for reviewing your billing statements each month. All Services and Total Highspeed-provided equipment are billed at the amounts shown on your statements. It is strongly recommended that you read your Billing Documents carefully, as they may contain important messages regarding your Services or changes to this User Agreement. 

      2. If you have any questions about your billing statement or believe a charge is incorrect, you must promptly contact Total Highspeed customer service at 417-851-1107 (Option 3). We will work with you to ensure you understand your Billing Documents and attempt to resolve any issues or disputes. 

      3. If it is determined that a charge was incorrect, Total Highspeed may reimburse you for the disputed amount for up to ninety (90) days from the date you raise the dispute. Charges will be considered valid unless we determine they are incorrect. During the investigation, charges may continue to accrue and be billed. 

      4. If Total Highspeed does not satisfactorily resolve your dispute, you must follow the Dispute Resolution Procedures described in Section 17 of this User Agreement. Additionally, if the amounts on your billing statement differ from what was disclosed during the sales process, order confirmations, or emails, please contact Total Highspeed at 417-851-1107 so the issue can be reviewed and resolved. 

  4. Promotional Rate Terms 

Promotional Period Definitions: Outlines that certain plans may be offered at Introductory or Promotional Rates and defines the "Promotional Period". 

Automatic Increase: Explicitly states that after a promotional period end, fees will automatically increase to the Standard Rate. 

Promotional rates, discounts, and "new customer" offers are reserved exclusively for individuals who have not had an active account with Total Highspeed within the six (6) months prior to the current application date. 

If a customer cancels their service and attempts to restart or "re-enroll" at the same service address or under the same name within a six-month window, they are ineligible for any active promotional pricing. 

In the event of a restart within the six-month restricted period, the account will automatically be billed at the Standard Prevailing Rate for the selected internet plan. 

Total Highspeed reserves the right to cross-reference service addresses, phone numbers, and payment methods to identify and prevent the misuse of promotional offers.​

  5. Customer Information, Account Security, and Authorized Users 

  1. You will provide all the information necessary for us to bill for the Services and any Total Highspeed-provided Equipment. You affirm that the information you supply us is correct and complete, and you will promptly notify us whenever your personal or billing information changes. If you elect to use the Total Highspeed Customer Portal, you must provide us with your email address for the receipt of Billing Documents and other account information. You agree to keep your email address updated and understand it is your responsibility to inform us of any changes or updates to your email address. The Total Highspeed Customer Portal and Payment Services allow you to pay by credit card. If you elect to pay by credit card, you are responsible for directly updating, or notifying us, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). You understand that false or incorrect information may result in Service provisioning or delivery delays or the suspension or termination of your Service. 

  2. You are solely and fully responsible and liable for all activities that occur relating to your Total Highspeed account, credit card/debit card/account numbers, or bank or financial institution information, including all activities related to Payment Services. You agree to immediately notify us by contacting our customer service if you suspect any breach of security, such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with you) or unauthorized disclosure or use of your Total Highspeed account, password, user ID, credit card/debit card/charge card information or numbers, or bank or financial institution information provided to us. You also agree to periodically change your passwords in accordance with security best practices. 

  3. You authorize us to provide information about and to make changes to your Total Highspeed account, including changes within the Total Highspeed Customer Portal, upon the direction of any person able to provide information we deem sufficient to identify you. 

SECTION 10:  SERVICE TERM, TERMINATION, AND EQUIPMENT RETURN

10.1 Term and Termination 

  1. Month-to-Month Term: Unless otherwise specified in a Service Terms or in the terms we present to you at the time you order the Service(s), Services are offered on a monthly basis.  For the first month, the term begins on the day it is installed or activated, ends on the last day of the billing cycle during which you placed the order for Service.  The term then automatically renews monthly.

  2. Termination: You may terminate this User Agreement and your use of the Services at any time and for any reason by calling 417-851-1107. If you cancel a Service on any day other than the last day of your billing cycle, your payments for that month of Service will not be refunded and your Service will terminate on the last day of your billing cycle. We may terminate this User Agreement, your password, your account, and/or your use of the Services without notice and for any reason. Some of the reasons we might terminate your Services include, without limitation: if you fail to pay any charges when due or if we believe you or someone using your account has violated this User Agreement. You agree that you will not harass, threaten, or conduct yourself in a verbally or physically threatening or abusive manner toward any Total Highspeed employee, vendor, contractor, or agent at any time. Safety and Sanitation Policy: Total Highspeed is committed to providing a safe work environment for our employees. We reserve the right to refuse service or cancel an existing service agreement if, at our sole discretion, a service location is deemed unsafe or unsanitary. This includes, but is not limited to, presence of hazardous materials, structural instability, extreme clutter, pest infestations, or aggressive animals. In the event service is canceled under these conditions, the customer may remain responsible for any applicable trip charges or account fees.

  3. We reserve the right to terminate your Services and Total Highspeed-Provided Equipment leases without notice in the event of such behavior. We may, but are not obligated to, send notice of any violations to you before termination. Termination of your Services might be permanent, at Total Highspeed’s sole discretion.  If Services are terminated by you or us on any day other than the last day of your applicable billing cycle, your payment for that month of Services will not be prorated or refunded and your Services will continue to be available through the end of the applicable billing cycle. 

  4. Early Termination Fee (ETF). In the event that Service is terminated by Customer, or by Company for cause, prior to the expiration of the then-current Contract Term, Customer shall be liable for an Early Termination Fee. This fee shall be calculated as fifty percent (50%) of the remaining monthly recurring charges multiplied by the number of months remaining in the unexpired Contract Term. This amount shall become due and payable immediately upon the effective date of cancellation. 

  5. Installation Balances: If Customer is paying an installation fee via an installment plan, the full remaining balance of that installation fee shall become immediately due and payable upon the date of cancellation. 

  6. Return of Total Highspeed-Provided Equipment: After you notify Total Highspeed of your intent to terminate a Service, you must promptly return to Total Highspeed any Total Highspeed-Provided Equipment within 14 days after termination in accordance with Total Highspeed instructions. After receiving your intent to terminate a Service, Total Highspeed will send customers an email with return instructions to return the relevant Total Highspeed-Provided Equipment to Total Highspeed.  If Total Highspeed-Provided Equipment is not returned as instructed by Total Highspeed (including returning the Total Highspeed-Provided Equipment in the required time), then Total Highspeed may impose a Non-Returned Equipment Charge up to full replacement cost by charging your payment method on file. In some instances, Total Highspeed may charge your payment method on file for the Non-Returned Equipment Charge upon termination and later credit that amount back to your payment method on file ONLY if Total Highspeed receives your Total Highspeed-Provided Equipment within the required time following termination. 

  7. Return Exceptions: Total Highspeed reserves the right to waive the return requirement for specific equipment (such as older model routers or cabling). If Total Highspeed notifies you that a return is not required, the equipment will be deemed abandoned by Total Highspeed, and you will not be charged an Equipment Charge for that specific item. 

  8. Deletion of Data upon Termination: Upon termination of a Service, we may immediately delete all data, files, and other information stored in or for your account without notice. 

  9. Vacation Mode: You may temporarily pause your Services by entering "Vacation Mode". You may pause Services for a fee of $15.00 per month. No additional fees or discounts are included. This may be used for a maximum of six (6) months within any rolling 12-month period. Vacation Mode may not be activated more than twice in any rolling 12-month period. Service will be deactivated on the day Vacation Mode is requested. If this date falls mid-billing cycle, no prorated refunds or credits will be issued for the remainder of that month. Active discounts or promotional rates will not apply to the monthly Vacation Mode fee. The timeframe for any active promotion or contract term will not pause and will continue to run while Service is suspended. Services will automatically resume at the full standard rate once the six-month limit is reached. The Company will send a reminder email one (1) week before the automatic resumption of Service. 

  10. Moves: If you move to another location (including a move within the same building), you are not guaranteed to have either the same Internet Services or any Service at the new location. Your line must be re-qualified for Internet Services at any new location, and Monthly Recurring Charges(s), One-Time Charges(s) or Installation Fee(s) may be applicable to any new Internet Services will apply. 

SECTION 11:  INTERNET SERVICE AVAILABILITY, TECHNOLOGY, AND CUSTOMER RESPONSIBILITIES

11.1 Service Description 

  1. Internet Services 

    1. Technology Used to Provide Internet Service: Total Highspeed will provide Internet Services using either of the following technologies that will be described to you at the time you order Internet Services:  

      1. a fiber-optic connection that runs directly to your location, or 

      2. a fixed wireless connection to your location.  

    2. For fiber-optic connections, there are some circumstances, such as when Total Highspeed is unable or not authorized to bring fiber into your residence, in which the Internet Services may involve deployment of alternative, non-fiber technologies from a certain point in our network to your location. 

  2. Availability: Internet Services may not be available in all areas or at the rates or speeds generally marketed. The speed(s), plans and discounts available at your location are identified during the ordering process and confirmed upon the provisioning of your Internet Services. Service speeds disclosed to you are “up to” a specific download speed via a wired connection at your location under typical circumstances within our network.  Availability and the actual throughput speed of your Internet Services are not guaranteed and depend on a number of factors such as traffic and congestion on your home network or corporate LAN, bandwidth, distance of your location from certain Total Highspeed data equipment, the physical condition of your fiber-optic connections and wiring at and/or inside your location, viruses or spyware, your connected devices’ quantity, age, capabilities, performance and settings, server speed of the websites you connect to. Each of these factors is outside of our control and, as a result, not our responsibility. The Wi-Fi portion of the Internet Services may not deliver the disclosed throughput speed or “up to” speed and will vary, particularly when Service is accessed by multiple wireless devices, in addition to the other factors listed above. Speed tests may reflect a speed lower than actual throughput speed when connected via a wireless connection or when multiple devices are in use. Speed tests may be further limited by the speed capabilities of the devices connected to your home network, in addition to the other factors listed above. Uninterrupted or error-free Services are not guaranteed, and we may limit speeds. We will provide your line at the maximum speed available at your location for the Service plan you selected. Availability of Service depends on availability and limits of Total Highspeed wire centers and facilities. Some lines may not qualify for the Service even if initial tests qualify for such lines. 

  3. Fixed Wireless Service Limitations If you elect to have Total Highspeed Wireless Service, then Total Highspeed shall not be responsible or liable for any of the following: 

    1. Any obstruction(s) that might be erected or grow between the antenna at the Customer's location and the Point of Presence (POP), which causes degradation or loss of service. 

      1. Debris or ice on the antenna located at Customer's location. 

      2. Moving or re-aiming the antenna more than ten (10) days after its installation. 

      3. Repair or restoration of any structure or surface altered or penetrated by Total Highspeed during the installation or removal of antenna, mast, tripod, wiring, or any other Total Highspeed equipment located at Customer's location. 

  4. Network Modernization: Total Highspeed may make necessary modifications and changes to its network on an as needed basis in order to properly maintain and modernize its network. Customer acknowledges that such changes may result in minor changes to transmission parameters or modem replacements. Total Highspeed shall follow FCC guidelines regarding the disclosure requirements for such modernization. 

  5. Service Withdrawal: Nothing in these Service Terms or the User Agreement precludes Total Highspeed from withdrawing or discontinuing any Internet Services and/or any related technology. In the event of any such withdrawal and/or discontinuation, it is expressly agreed and understood that Total Highspeed may also, in its sole and absolute discretion, withdraw the availability of any equivalent Service and/or any equivalent supporting technology. 

  6. Responsibilities for provisioning Internet Services: The Parties agree that the following allocation of responsibilities shall apply to the provisioning of Internet Service: 

    1. Total Highspeed will install and maintain Internet Services for the Customer up to the Network Interface Device. As used herein, the term “Network Interface Device” or “NID” (which may or may not include an optical networking terminal) is a device installed by Total Highspeed at the demarcation point between the Customer’s premises and Total Highspeed’s outside plant facilities to link to your premises’ wiring to such outside plant facilities. If a NID is not present, Total Highspeed will install one and ensure Internet Services are delivered to the NID. 

    2. In certain circumstances, you may elect to have Total Highspeed install one or more Wi-Fi nodes, or other ancillary equipment, to extend the Wi-Fi coverage throughout your property. 

    3. You are responsible for all requested work activities at your premises. You agree to obtain all permissions and authorizations that may be necessary for any work activities we perform at your premises. 

    4. To the extent you are not the property owner, all negotiations with the premises owner(s) are solely your responsibility. Furthermore, you agree to release, indemnify, defend, and hold harmless Total Highspeed for any loss, debt, liability, damage, obligation, claim, demand, judgment, or settlement made, instituted, or asserted by any person, entity, association, or organization of any kind resulting from your breach of or failure to perform under this Section. A due date for delivery of Internet Services cannot be established until Total Highspeed receives an acceptable Letter of Authorization from you, when applicable. Your use of a Letter of Authorization or similar document to the premises owner shall not alter your obligations under this Schedule.

SECTION 12:  GOVERNING LAW, NOTICES, AND AGREEMENT TERMS

Except as otherwise provided in Section 16, this Agreement is governed by the laws of the State of Missouri, and any disputes arising under this Agreement shall be exclusively venued in Greene County, Missouri. Both parties agree that neither shall disclose the terms or conditions of this Agreement without the prior written consent of the other party.

​

This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. If any provision of this Agreement, or its application to any person or circumstance, is found to be invalid, such invalidity shall not affect the remaining provisions or their application to other persons or circumstances.

​

All notices, elections, or waivers required or provided under this Agreement must be in writing and may be delivered personally, by mail (postage prepaid), by facsimile, or by electronic mail to the addresses provided. Notices delivered by mail or electronic transmission shall be deemed given on the date sent, unless otherwise specified.

​

Total Highspeed may update or revise this Agreement at any time without prior notice by posting the updated version at www.totalhighspeed.com. This Agreement represents the entire understanding between the parties and supersedes any prior agreements or understandings regarding its subject matter. 

SECTION 13: LIMITATION OF LIABILITY

  • To the maximum extent permitted by law, Total Highspeed shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including but not limited to loss of profits, loss of business, loss of data, loss of revenue, or business interruption, even if Total Highspeed has been advised of the possibility of such damages.

​

  • Total Highspeed’s total cumulative liability for any claim, loss, damage, or expense arising out of or relating to this user agreement, the services, or the Total Highspeed-provided equipment shall not exceed the total amount paid by customer to Total Highspeed for services during the three (3) month period immediately preceding the event giving rise to the claim.

​

  • This limitation applies to all claims, whether based in contract, tort, strict liability, negligence, or any other legal theory.  

SECTION 14: DISCLAIMER OF WARRANTIES

  • The services, Total Highspeed-provided equipment, and any software or applications provided by Total Highspeed are provided on an “as is” and “as available” basis.

​​

  • Total Highspeed makes no warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the services will be uninterrupted, error-free, or secure.

​​

  • No oral or written information or advice given by Total Highspeed or its employees shall create any warranty not expressly stated in this agreement. 

SECTION 15: FORCE MAJEURE

  • Total Highspeed shall not be liable for any failure or delay in performance under this user agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, severe weather, fire, flood, earthquake, pandemic, war, riots, labor disputes, government actions, power outages, internet backbone failures, third-party network failures, or damage to network facilities caused by third parties.

​​

  • Service interruptions or delays resulting from such events shall not constitute a breach of this agreement. 

SECTION 16: DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

  • Before initiating arbitration or legal action, Customer agrees to contact Total Highspeed Customer Service at 417-851-1107 to attempt to resolve the dispute informally. 

​​

  • Any dispute, claim, or controversy arising out of or relating to this User Agreement, the Services, billing, or equipment shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except where prohibited by law.

 

  • Either party may bring an individual claim in small claims court if the claim qualifies. 

 

  • All claims must be brought in the parties’ individual capacity. Customer waives any right to participate in a class action, class arbitration, or representative proceeding. 

​​

  • This arbitration provision shall be governed by the Federal Arbitration Act (FAA).

 

  • Missouri law applies where arbitration does not. 

STAY UP TO DATE

By opting in to receive messages from Total Highspeed, you agree to receive updates, promotions, service notifications, and account-related alerts via SMS. Message frequency may vary depending on the nature of the messages. Message and data rates may apply. For assistance, text HELP. To opt-out, text STOP at any time. For more details, review our Privacy Policy and Terms & Conditions.

Thank you for staying connected with Total Highspeed! We look forward to serving you!

  • Facebook
  • LinkedIn
bottom of page