By providing my mobile number and email, I agree to receive communication from element8 regarding requests for service or support for Internet access services at my home or business. I understand I can OPT-OUT by replying STOP at any time. I understand that Standard Messaging and Data rates apply and that I am responsible for any fees that my cellular provider charges.

TEXACOM NETWORKS LTD TERMS AND CONDITIONS

TEXACOM NETWORKS LTD will provide, and Customer will accept these Terms and Conditions for a fiber optic connection (“Product” or “Services”) as set forth in each signed TEXACOM NETWORKS LTD Order Form. Customer understands the Agreement is for TEXACOM NETWORKS LTD fiber infrastructure in partnership with authorized TEXACOM NETWORKS LTD Service Provider partners. For the Customer to receive the Products the Customer may be required to sign a separate agreement with an authorized TEXACOM NETWORKS LTD Service Provider partner.

You understand and agree that the Texacom Networks Ltd Privacy Policy ("Privacy Policy"), available on www.texacomnetworks.com), which governs the collection, use and disclosure of Customer personal information.

1.  Customer Responsibilities:
On-Site Facilities – Customer is responsible for providing space, power, and environmental conditions that support typical telecommunications equipment. Customer is also responsible for securing the facilities from unauthorized physical access, electrical interference, or other disruptive activities that may adversely affect the performance of Services. Any interruptions of Service due to failure to provide and protect the on-site facilities is not the responsibility of TEXACOM NETWORKS LTD.

Other than the initial demarcation equipment and TEXACOM NETWORKS LTD installation labor expenses, all work concerning Service at Customer’s premises will be performed at Customer’s expense. This includes any necessary or Customer requested on-site cabling, conduits, relocations, retrofits, structural work, racks, or other expenses necessary to properly support TEXACOM NETWORKS LTD’s demarcation equipment and the interconnection with Customer’s equipment. Customer will use the Service only in the way as intended and may not tamper with TEXACOM NETWORKS LTD equipment or services in a way to adjust, bypass, or circumvent any monitoring, security, or configuration of the TEXACOM NETWORKS LTD equipment, systems, or facilities.

Customer will cooperate with TEXACOM NETWORKS LTD to install, operate, maintain, or repair Service. Customer will provide access to Customer’s facilities for the installation and maintenance of TEXACOM NETWORKS LTD’s equipment. Any failure to provide access exempts TEXACOM NETWORKS LTD from negative impact from applicable TEXACOM NETWORKS LTD’s SLA or Service Delivery Dates. Before dispatching a technician, if requested, TEXACOM NETWORKS LTD may notify Customer of a dispatch fee that will be assessed if it is determined that the problem is on Customer’s side of the Demarcation Point or was not caused by TEXACOM NETWORKS LTD. Problems with Service Provider services for an activated Service should be reported to the Service Provider.

If Customer's Service is terminated or cancelled, unless TEXACOM NETWORKS LTD expresses otherwise in writing, Customer agrees that Customer no longer has the right to keep or use the Equipment and Customer must promptly return the Equipment. The Equipment must be returned to TEXACOM NETWORKS LTD in the same condition as when received, ordinary wear and tear excepted.

2.         Authorized Service Provider Charges
In connection with Customer’s use of the Service and Equipment, Customer may be able to access, subscribe to, use and/or purchase products, services, software or applications that are provided to Customer by third parties ("Authorized Service Provider"). Customer acknowledges that Customer may incur charges in connection with the subscription to, purchase or use of these Authorized Service Provider products, services, software or applications. All such charges, including any additional fees and applicable taxes, shall be paid by Customer to the Authorized Service Provider and are not the responsibility of TEXACOM NETWORKS LTD. Credits or billing adjustments for products, services, software or applications billed by a Authorized Service Provider shall be subject to the stated billing practices of that Authorized Service Provider. Termination of a service or subscription offered for a separate charge billed directly by a Authorized Service Provider shall be effected in accordance with the Terms of Service or similar agreement between the Customer and the Authorized Service Provider.

3.         Equipment 
Unless TEXACOM NETWORKS LTD expresses otherwise in writing, all equipment, including but not limited to, any fiber cables, wires, cable boxes, battery backup units, converters, routers, gateways, distributed to and/or installed for use in the Customer’s service location(s) by or on behalf of TEXACOM NETWORKS LTD ("Equipment"), network facilities, and software installed or provided by TEXACOM NETWORKS LTD remains the property of TEXACOM NETWORKS LTD, except that all wiring on the Customer’s side of the demarcation point at Customer’s service location, whether installed by TEXACOM NETWORKS LTD or by Customer, shall be Customer property and not TEXACOM NETWORKS LTD Equipment, and repair and maintenance for such wiring is the responsibility of Customer unless otherwise agreed by Customer and TEXACOM NETWORKS LTD. The demarcation point shall mean a point at (or about) twelve (12) inches outside of where the fiber enters the Customer’s service location where the Fiber termination point is placed. None of the Equipment shall become a fixture nor shall distribution, installation, and/or use of Equipment be deemed a lease of such Equipment. Customer will acquire no ownership or other interest in the Equipment, network facilities, and software by virtue of payments made pursuant to this Agreement or by the attachment of any portion of the Equipment or network facilities to Customer's residence or premises.

4.         Governing Law; Jurisdiction and Venue:
This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Texas, without giving effect to its principles of conflicts of laws.

5.         No Warranty; Limitation of Liability.

Customer expressly agrees that: (a) the Services provided are best efforts services and the Services, Software and Equipment are provided by TEXACOM NETWORKS LTD on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied; (b) the TEXACOM NETWORKS LTD Parties are not responsible or liable for any loss or impairment of service due in whole or in part to Customer owned- or provided-Equipment; and (c) all use of the Services, Software and Equipment, including that provided by Third Party Providers, as well as the purchase, download or use of any third party service, product, or application provided by or accessed through the Services or Equipment, are provided at Customer’s sole risk and Customer assumes total responsibility for Customer’s or any User’s use of the Services. Without limiting the generality of the foregoing, the TEXACOM NETWORKS LTD Parties make no warranty: (i) that the Services will be uninterrupted or error free or that the Equipment will work as intended; (ii) as to transmission or upstream or downstream speeds of the network; (iii) that the Services, Equipment or Software are compatible with any Customer owned- or provided-Equipment; or (iv) as to the security of Customer’s communications via TEXACOM NETWORKS LTD’s facilities or Services, or that third parties will not gain unauthorized access to or monitor Customer’s communications. Customer has the sole responsibility to secure Customer’s communications and the TEXACOM NETWORKS LTD Parties will not be liable for any loss associated with such unauthorized access. In addition, TEXACOM NETWORKS LTD does not make any representations or warranties with respect to any product or services offered through the Services or Equipment, and TEXACOM NETWORKS LTD shall not be party to nor responsible for monitoring any transaction between Customer and any Third-Party Provider of products or services.

In no event (including negligence) will the TEXACOM NETWORKS LTD Parties be held responsible or liable for any loss, damage, cost or expense including direct, indirect, incidental, special, treble, punitive, exemplary or consequential losses or damages including, but not limited to, loss of profits, earnings, business opportunities, loss of data, personal injury (including death), property damage or legal fees and expenses, sought by Customer or anyone else using Customer’s Service account: (x) resulting directly or indirectly out of the use or inability to use the Services (including the inability to access emergency 911 or e911 services) and/or use of the Software, Equipment or provided third party services or otherwise arising in connection with the installation, maintenance, failure, removal or use of Services, Software and/or Equipment or Customer’s reliance on the Services, Software and/or Equipment, including without limitation any mistakes, omissions, interruptions, failure or malfunction, deletion or corruption of files, work stoppage, errors, defects, delays in operation, delays in installation, failure to maintain proper standards or operation, failure to exercise reasonable supervision, delays in transmission, breach of warranty or failure of performance of the Services, Software and/or Equipment; or (y) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding relating to Services, Software and/or Equipment, or the infringement of the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property or contractual rights of any third party.

6.         Indemnification 

Customer agrees to defend, indemnify and hold harmless the TEXACOM NETWORKS LTD Parties from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Service and Equipment by Customer or otherwise arising out of the use of Customer's account or any equipment or facilities in connection therewith, or the use of any other products or services provided by TEXACOM NETWORKS LTD to Customer. Customer agrees to indemnify and hold harmless the TEXACOM NETWORKS LTD Parties against claims, losses or suits for injury to or death of any person, or damage to any property which arises from the use, placement or presence or removal of TEXACOM NETWORKS LTD's Equipment, facilities and associated wiring on Customer's premises and further, Customer indemnifies and holds harmless the TEXACOM NETWORKS LTD Parties against claims for libel, slander, or the infringement of copyright arising directly or indirectly from the material transmitted over the facilities of TEXACOM NETWORKS LTD or the use thereof by Customer; against claims for infringement of patents arising from combining with or using in connection with, facilities furnished by TEXACOM NETWORKS LTD, and apparatus, Equipment, and systems provided by Customer; and against all other claims arising out of any act or omission of Customer in connection with the Services or facilities provided by TEXACOM NETWORKS LTD.

7.         Severability 

If any term or condition of this Agreement shall be adjudicated or determined as invalid or unenforceable by a court, tribunal or arbitrator with appropriate jurisdiction over the subject matter, the remainder of the Agreement with respect to such claim shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.

8.         Survival

All representations, warranties, indemnifications, dispute resolution provisions and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination (including legal conditions, payment, and TEXACOM NETWORKS LTD rights and the rights of others).

9.         Force Majeure 

TEXACOM NETWORKS LTD shall not be liable for any delay or failure of performance or Equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action or request of the United States government or of any other government including state and local governments having or claiming jurisdiction over TEXACOM NETWORKS LTD, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments or of any military authority.