Terms and Conditions of Service In this Agreement, “We”,”Ours”, or “Us” means AVX Networks, (“AVX”) – a California Corporation having an address of PO Box 172, Avalon CA 90704. “You” or “Yours” refers to the applicant(s) who sign this Agreement and requests to receive broadband service (“Services”) from AVX Networks.

1. Scope of Agreement. We agree to provide, and you agree to purchase broadband Internet service under the terms and conditions of this Agreement. You will select the level of service you would like by signing an Application for Broadband Service. We will not be obligated to continue providing broadband service to you unless you comply with the terms and conditions, including the payment requirements which are contained in this Agreement. Provision of broadband to you depends upon the availability of the required equipment, and we may substitute, change, or rearrange the equipment used to provide broadband service to You if we feel it is necessary.

2. Use. You may use the Services for any lawful purpose. However, you may not interfere with or impair service or the privacy of any other person’s communication over our network.

WE MAY IMMEDIATELY SUSPEND, TERMINATE, OR OTHERWISE INTERRUPT YOUR SERVICE IF WE HAVE REASON TO BELIEVE THAT YOU HAVE USED THE SERVICE IN VIOLATION OF THE DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) OR OTHER LAWS, OR IN VIOLATION OF ANY BOARD POLICY ESTABLISHED BY THE AVX BOARD OF DIRECTORS. You may receive a copy of the DMCA and current Board Policy regarding acceptable use of the Services.

The AVX Board of Directors may establish or alter its policies regarding acceptable use of the Services, and You agree that Your Service is subject to those policies as they may be amended from time to time. We will inform You if those policies change, and You will have the right to discontinue Service if You do not wish to comply with current policies.

3. Service Date and Term. This Monthly Service Agreement billing period shall commence when this agreement is signed, and shall renew on a monthly basis. This agreement shall remain in effect until 30 days written termination notice is given by either party.

4. Customer Responsibilities. You will pay all monthly service charges, as they appear on your bill.  The intial billing period shall commence from the date this agreement is signed, and shall close 30 days later. Any questions regarding your bill may be directed to billing@avxnetworks.com or by calling customer service on +1 (855) 607-3220.

5. Non-marketing SMS disclaimer: 

You consent to receive text messages about Network Outage Alerts from AVX NETWORKS at the phone number you provided. You acknowledge that your consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Reply HELP for assistance or STOP to opt out of receiving messages. Privacy Policy.

If you fail to make any payment when due and such failure continues for five (5) days after notice, or you fail to comply with any other term or condition of this Service Agreement and such failure continues for thirty (30) days after notice, then AVX may either suspend the applicable Services, AVX may terminate any or all Services, retrieve AVX Network’s equipment from the service location.

You will arrange for access within your premises as necessary for our personnel to install, repair, inspect, maintain, replace or remove the equipment we provide. You are responsible for notifying us if there are any problems or issues with your service.

6. Equipment. We will continue to own all equipment that we provide for your internet service. These may include but are not limited to: wireless point to point radios, wireless router network equipment and ethernet network switches. Upon disconnection of the services, We will remove any equipment necessary. If equipment is not returned within 30 days of the termination of this agreement, You shall be charged an unreturned equipment fee of $250.

7. Limitation of Liability. Your sole and exclusive remedy under this Agreement for any breach by Us shall be to terminate this Agreement. IN NO EVENT SHALL AVX NETWORKS,  OR THEIR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, PUNITIVE OR ENHANCED DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR BUSINESS HARM) ARISING OUT OF OR RELATING TO THE SERVICES OR AVX’S PERFORMANCE OR NONPERFORMANCE UNDER THIS AGREEMENT.

8. Termination. You may terminate this Agreement for any reason, but all sums for services you have received at the time you terminate shall become immediately due and payable. Except for situations covered by Section 2 of this Agreement, We may terminate this Agreement at any time if we give you at least thirty (30) days written notice.

9. Indemnity. If any claims are made against us that were caused by your use of the Services, You will be responsible for all costs arising from that claim, and you shall reimburse us for our defense of the claim and any costs we pay as a result. Customer shall indemnify, defend and hold AVX Networks and its affiliates, and their respective directors, officers,employees, successors, assigns and agents, harmless from and against any and all claims, loss, damage, cost or expense to the extent arising out or relating to any claim, action or proceeding brought by any third party based upon : (i) Customer’s breach of this Service Agreement; (ii) Customer’s negligence or willful misconduct in the performance of its obligations under this Service Agreement; (iii) use of the Equipment or Services, including but not limited to the content of communications transmitted thereby; (iv) any infringement of intellectual property ormisappropriation of any patent, copyright, trademark, trade secret or other proprietary right arising from Customer’s or any other person’s use of the Equipment or Services, any combination of the Equipment or Services with other products or services not provided by AVX, or any modification of the Equipment or Services by anyone other than AVX; (v) any bodily injury (including illness or death) or property damage caused by Customer or anyone within its control. The obligations under this Section 6 are independent of any other obligation under this Service Agreement.

10. Choice of Venue This Service Agreement shall be governed by and construed according to the laws of the State of California in which Services or Equipment are being provided here under without regard to its conflicts of laws provisions. Any related litigation may be brought in State or Federal courts of Los Angeles County, California. Customer and AVX consent to personal jurisdiction in such courts.

11. Assignment. You may not assign this agreement to any other person. We retain the right to assign this Agreement to an affiliate or another party.

12. Warranties. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE.