​This Internet Access and Installation Agreement is entered into this day %%TODAYSDATE%% between Total Highspeed (“TH”), and %%CUSTOMERNAME%% ("Client"). TH shall provide Client with a connection to the Internet at %%CUSTOMERPHYSICAL%%. In consideration for the Connection, Client shall pay TH the sum of his/her selected package, each month during the month-to-month term. It is the client’s responsibility to notify TH if termination of agreement is requested. Without notice TH shall continue to bill client on a month-to-month basis The client agrees to automatic billing and paperless invoices or will be subject to a monthly fee. We will not pro-rate for any unused time when services are cancelled. Prices do not include additional applicable fees, surcharges, or taxes. Prices may be subject to change with thirty (30) days prior written notice to the Client. TH agrees to lease to Client equipment necessary to establish an Internet connection, specifically a Subscriber Module, Power Injector, and Ethernet cables. Customer may also lease a Router or VoIP phones, if desired and applicable, for an additional charge. Client shall bear all risk of loss in respect to the Leased Equipment, including, but not limited to damages caused by weather or other conditions existing at Client’s location, and Client shall return the Leased Equipment to TH in good working order within ten business (10) days of the date of any termination of this Agreement, or Client is subject to a cost of replacement. The Client agrees that they understand the following about TH and customer-owned routers: a) A Router is required to obtain wireless coverage and they may choose to use their own router or lease a router from TH for an additional charge. b) When purchasing a wireless router, customers should ensure it has a fast enough ethernet port capability for their intended rate plan, as speeds may be limited on wireless connections, according to the make/model of the router. c) Cable Modems, and Cable Modem/Router combination units are not compatible with TH internet services. d) Customer-owned routers, their configurations, Wi-Fi connections, wireless connection speeds, and coverage issues over Wi-Fi are controlled by the customer. e) With customer-owned routers, technical support for both field and phone support are extremely limited, as we have no access or visibility into their configurations, or to any devices connected to them that could be causing problems. TH shall provide Client with the labor necessary for the normal installation of Internet equipment at the Client’s requested location. Client agrees the Leased Equipment shall be located, at all times, at the address of Client. In consideration for the installation, Client shall pay TH a one-time installation fee, which shall be due upon initial Client contact. Any components/equipment/materials used to establish the Connection is property of TH. At any time, TH reserves the right to collect, deploy, or maintain any current or additionally necessary components/equipment/materials. Client agrees to indemnify and hold TH harmless for any injuries or damages sustained during or because of the installation of the Leased Equipment by Client or by any agent of Client. The one-time installation fee is non-refundable if it is determined to be the fault of Client as to why service cannot be established. The fee will be refunded if it is determined that service cannot be established due to a deficiency within the Total Highspeed network. If Total Highspeed attempts to install, or perform any subsequent events, all reasonable measures will be made to contact Client for scheduling. If more than two events are attempted and the Connection is not installed or properly serviced due to the fault of Client, there will be an additional $99 truck roll fee per additional attempt. Client understands that the installation services included in this contract are limited to the installation of a Subscriber Module (SM) and one cable which will run from the SM into the customer location via one (1) hole through an exterior wall of Client's structure. TH shall not be responsible for additional installation tasks not specifically listed in this Section, which may be deemed desirable or necessary by Client or the installer. Client shall be responsible for the additional work subsequently requested by Client. Client understands the Connection operates through an Ethernet and/or wireless Connection. The Ethernet card is provided and installed by the Client, at the Client's expense.  Client acknowledges the following: a) all fees are non-refundable after the Connection becomes operational (the "Activation Date"). b) TH Internet connectivity may require direct radio line of site (LOS). c) If foliage disrupts service, TH will attempt to reconfigure the equipment to restore service. Client may incur charges for any extra hardware and service labor at that time. d) If service cannot be restored due to obstruction/disruption to LOS, either party may terminate service. TH shall not be responsible or liable for any of the following: a) Any obstruction(s) that might be erected or grow between the antenna at Clients' location and the POP which causes degradation or loss of service. b) Debris or ice on the antenna located at Client's location. c) Aiming or re-aiming the antenna located at Client's location more than ten (10) days after its installation. d) Repair or restoration of any structure or surface altered or penetrated by TH during the installation or removal of antenna, mast, tripod, wiring or any other TH Equipment located at Client's location. It shall be the Client's responsibility to obtain any required permits or consents for the installation of TH Equipment on property not owned by the Client. TH’s Landlord Approval Form is needed regarding the following: Landlord consents to the installation, maintenance of equipment required for the Connection, and removal of equipment. Client will be invoiced monthly, in advance, for all amounts owed to TH. All payments are due within 20 days of the invoice date or subject to a late fee. The client’s connection may be suspended and subject to additional fees if payment is not received by TH within thirty (30) days of the invoice date. Client understands that payments can be made in person, online, or through the mail. Total Highspeed has an Acceptable Use Policy available online at 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 a such revision on totalhighspeed.com. Any revision of this Acceptable use policy is effective immediately upon such posting. As such, the client understands they should regularly visit totalhighspeed.com and 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.  Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electrical breakdowns, may result in temporary impairment or interruption of service. As a result, TH does not guarantee continuous or uninterrupted service and serves the right, from time to time, to temporarily reduce or suspend service without notice. Client shall indemnify and hold TH and its directors, officers, employees, and agents harmless from any and all obligations, charges, claims, liabilities and fees incurred as the result of interruptions or omissions of service under this Agreement. Client consents to the periodic monitoring of Client's use of the Connection and TH's network by TH as may be reasonably required by TH to conduct its quality control activities. Total Highspeed reserves the right to terminate this agreement if it is not sustainable to our standard.  Client agrees to pay all costs incurred by TH in enforcing the terms of the Agreement, including, but not limited to reasonable attorney fees. In the event of any litigation arising out of this Agreement, the other party shall indemnify the prevailing party for all costs incurred in such litigation, including but not limited to, reasonable attorney fees. This Agreement is deemed to be entered into the State of Missouri and the parties agree that any dispute arising under this Agreement shall have its venue in Greene County, Missouri. Any such dispute shall be governed by and constructed in accordance with the laws of the State of Missouri. Neither party shall disclose any of the terms and conditions of the Agreement without the prior written consent of the other. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. All notices, elections, and waivers required or otherwise given here under shall be in writing and shall be served, unless otherwise provided, on the parties or their respective attorneys, if any, personally; by mail with postage prepaid and deposited into the United States mail, by facsimile transmission, or by electronic mail at the addresses set forth on the front. If mailed or transmitted as aforesaid, notices, election, and waivers shall be deemed given on the date of such mailing or transmission (except as elsewhere-provided herein). TH may update or edit this agreement without prior notification by making a revised version available at http://www.totalhighspeed.com. This agreement contains the entire understanding between and among the parties and supersedes any prior understandings, and agreements among them respecting the subject matter of this agreement.