Agreement to Subscribe to Communications Services

  1. Services: By signing this agreement, Customer agrees that Customer is requesting to subscribe to the following selected communications services from NineStar Connect or its affiliates, hereinafter collectively referred to as “NineStar:”

Fiber Internet 50/50 Mbps

  1. Payment: In exchange for NineStar’s provision of the services selected by Customer above, Customer agrees to pay to NineStar, on a monthly basis, the recurring charges listed above and associated with such services. In addition to monthly recurring charges, Customer agrees to pay any non-recurring charges associated with such services, including, without limitation, installation and equipment charges. Customer shall pay all such recurring and nNineStar Logoon-recurring charges and additional fees and charges set forth in paragraph 7 within thirty (30) days of receiving an invoice for the same from NineStar.
  2. Term and Termination:
    1. For services that are subject to a minimum service term, the term of this agreement will be for the duration of said minimum service term and will continue in full force and effect after the expiration of the minimum service term for so long as Customer continues receiving the services. If Customer cancels services that are subject to a minimum service term or if a service that is subject to a minimum service term is disconnected for any reason prior to the end of the minimum service term, Customer will forfeit all rights to the special bundle pricing associated with said service and shall be responsible for the return of all NineStar equipment, in the same condition as it was received by the Customer, plus a $300 early termination fee.
    2. For services that are not subject to a minimum service term or services subject to a minimum service term that has expired, Customer’s service term will be “month-to-month” and will not be subject to an early termination fee when canceled or disconnected. Customer will be responsible for the return of all NineStar equipment in the same condition as it was received by the Customer.
    3. If Customer’s service term is month-to-month, NineStar can change the price of Customer’s service(s) by providing Customer with at least one billing cycle’s notice of the change.
    4. If Customer cancels any service, in addition to any applicable early termination fee, Customer must pay for the service through and including the date on which it was cancelled, including any applicable taxes. Customer will receive a prorated bill for the month in which the service was cancelled.
    5. If, during any applicable minimum service term, Customer changes to another NineStar service plan (for example, one with different rates or usage allowances) or adds additional services to Customer’s existing plan, then NineStar has the right to restart the minimum service term from the beginning of the change in plan or addition of service.
    6. If, during any applicable minimum service term, NineStar changes the terms of Customer’s service and the changes are materially disadvantageous to you, you may terminate the service without paying an early termination fee by providing written notice to NineStar within 30 days of the effective date of the change.
  3. Lawful Purposes/Indemnity: Customer warrants that the services and equipment provided by NineStar shall only be used in a lawful manner and that all applicable federal, state and local laws, rules and regulations governing telecommunications, as well as NineStar’s Acceptable Use Policy, as may be amended from time-to-time, shall be adhered to. Customer agrees to indemnify NineStar and hold it harmless for any and all claims, damages, losses and costs (including attorneys’ fees) incurred by NineStar arising out of any unlawful use of telecommunications services by the Customer or any person authorized by the Customer to use such services. Customer further agrees he/she has received a copy of NineStar’s Mass Market Internet Service Policies and Customer Information, which includes NineStar’s Acceptable Use Policy (attached to the end of this agreement) and understands the terms of such policies. Customer shall be bound by the aforementioned policies as if they were part of this agreement, including any amendments to such policies made at any time by NineStar in its sole discretion. Customer agrees that NineStar’s posting of its current policies on its website shall be sufficient notice to Customer of any change in the policies.
  4. Limitation of Liability: NineStar’s liability to Customer for any actions arising out of this agreement and the provision of the requested services shall not exceed three months of monthly recurring charges for services provided under this agreement. Notwithstanding the foregoing, NineStar shall not be liable for any claims, damages, losses or costs incurred by Customer arising out of or in any way related to the interruption or outage of any service provided hereunder, and NINESTAR MAKES NO WARRANTY WITH RESPECT TO THE QUALITY, SPEED OR CONTINUITY OF ANY SERVICE AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  5. Dispute Resolution: This agreement and any amendments shall be interpreted under the laws of the State of Indiana. The parties agree to first pursue mediation of any dispute. In the event mediation fails to resolve such dispute, the parties agree to binding arbitration under the Supreme Court of Indiana Rules for Alternative Dispute Resolution.
  6. Taxes/End User Charges: In addition to the recurring and non-recurring fees for services charged by NineStar, Customer is responsible for any federal, state or local taxes, end user charges, assessments, user fees or any other government-imposed fee, charge or tax that lawfully may be passed through to Customer levied during the term of this agreement for any services or equipment ordered.
  7. Change of Terms: NineStar may change this agreement as allowed by applicable law. This may include changing, adding, or removing terms. NineStar may do this in response to legal, business, competitive environment, or other reasons not listed here. If required by law, Customer will be provided with notice of the change and any rights Customer may have with respect to the same.
  8. Right of Entry: Customer agrees to provide NineStar access to Customer’s premises for NineStar personnel to perform all necessary duties to implement and maintain the requested services or products purchased, including, but not limited to, the placement of wires inside and outside the premises necessary for the requested services. Customer further agrees he/she has the appropriate authority to grant a right of entry for this purpose and will indemnify NineStar against any claims by third parties (including attorneys’ fees) resulting from NineStar’s access to the premises.

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Signed by Eric Rees
Signed On: May 8, 2023

Signature Certificate
Document name: Agreement to Subscribe to Communications Services
lock iconUnique Document ID: 2b1de003835bf4a6dfb836f2486b7511ef04c1b1
Timestamp Audit
May 8, 2023 4:14 pm GMTAgreement to Subscribe to Communications Services Uploaded by Eric Rees - IP