MASTER SUBSCRIBER AGREEMENT
This Master Subscriber Agreement (“Agreement”) is a legally binding contract between On-Ramp Indiana, Inc. d/b/a ORI.NET, including its affiliates Ethx Internet and the National Broadband Cooperative (collectively, “Provider”), and the individual or entity receiving broadband or related services (“Subscriber”). This Agreement supersedes all prior versions and governs all Services furnished by Provider. By activating, accessing, or using any Service, Subscriber expressly agrees to be bound by this Agreement.
1. TERMS OF SERVICE
1.1 Scope of Services. Provider shall furnish broadband Internet access, wireless facilities, fiber optic services, VoIP, managed WiFi, hosting, network transport, and other related services (“Services”). Subscriber acknowledges that the scope, features, availability, and performance of the Services may vary based on network conditions, technology, capacity, regulatory constraints, and geographic location.
1.2 No Warranty of Performance. Subscriber acknowledges that the Services are provided strictly on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis. Provider expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted service, error-free performance, data security, latency guarantees, bandwidth throughput, packet delivery, or routing stability. No oral or written representation shall create a warranty not expressly contained herein.
1.3 Service Modifications. Provider may modify, suspend, upgrade, migrate, or discontinue any portion of the Services at any time, including but not limited to changes in equipment, routing, IP addressing, authentication, or network topology. Provider shall not be liable for any consequential impact of such modifications.
1.4 Subscriber Responsibility. Subscriber shall maintain secure equipment, passwords, LAN configurations, and ensure all connected devices are free of malicious software. Subscriber assumes full responsibility for the use of the Services by any person accessing the Services with Subscriber credentials or equipment.
2. ACCEPTABLE USE POLICY
2.1 Prohibited Conduct. Subscriber shall not engage in any unlawful, abusive, fraudulent, deceptive, or malicious activity including but not limited to: unauthorized access; hacking; distribution of malware; denial-of-service attacks; copyright infringement; unlawful content transmission; harassment; bulk unsolicited communications; impersonation; or any activity that threatens network integrity or violates applicable law.
2.2 Network Threats. Provider may immediately suspend or terminate Services upon reasonable suspicion that Subscriber equipment or activity endangers Provider’s network, including botnet participation, open relays, spam operations, C2 command traffic, or harmful interference.
2.3 Enforcement. Provider retains sole discretion to determine violations and implement remedial action including suspension, termination, filtering, rate-limiting, or referral to law enforcement.
3. PRIVACY POLICY
3.1 Data Handling. Provider collects only such information as necessary to furnish, maintain, bill, secure, or comply with law. Provider does not sell or share Subscriber data for marketing purposes. Provider may retain logs for operational, security, archival, or regulatory reasons.
3.2 Disclosure. Provider may disclose Subscriber information upon receipt of a valid subpoena, warrant, court order, NTIA BEAD audit request, or as otherwise permitted under federal or state law. Provider shall determine the legal sufficiency of any request in its sole discretion.
3.3 No Guarantee of Confidentiality. Subscriber acknowledges that no communication transmitted over Provider’s network is inherently secure and that Provider does not guarantee confidentiality of communications except where mandated by law.
4. BILLING AND PAYMENT TERMS
4.1 Advance Billing. All Services are billed in advance of the service period. Payment is due prior to the commencement of the applicable billing cycle. Provider may charge Subscriber’s credit card or e-check account prior to the start of the service period to prevent interruption.
4.2 Grace Period. Provider may, at its sole discretion, extend a limited grace period for late payment; however, Provider has no obligation to do so and may suspend Services without further notice after the due date.
4.3 Late Fees. Any unpaid balance shall accrue a late fee of Ten Dollars ($10.00) or one and one-half percent (1.5%) of the outstanding balance, whichever is greater, per billing cycle.
4.4 Returned Payment Fee. Any returned bank draft, dishonored ACH, or bounced check shall incur a Twenty-Five Dollar ($25.00) returned item fee.
4.5 Electronic Conversion. Subscriber acknowledges that paper checks may be converted to electronic ACH transactions.
4.6 No Refunds. Subscriber is not entitled to refunds for partial months, prepaid periods, outages caused by third-party carriers, weather, force majeure, or Subscriber-side failures.
5. EQUIPMENT, ACCESS, AND MAINTENANCE
5.1 Ownership. Provider-owned equipment (“CPE”) including radios, ONTs, routers, switches, and power systems remains property of Provider. Subscriber shall not tamper with, modify, relocate, or permit damage to CPE.
5.2 Access. Subscriber shall grant Provider reasonable access for installation, maintenance, upgrade, retrieval, or inspection of equipment. Failure to provide access may result in suspension or fees.
6. NETWORK MANAGEMENT AND PERFORMANCE
6.1 Compliance with FCC Rules. Provider complies with FCC Open Internet requirements including transparency, no blocking, no throttling, and no paid prioritization except as permitted by reasonable network management.
6.2 Reasonable Network Management. Provider may manage network traffic through prioritization, rate shaping, congestion mitigation, threat filtering, routing optimization, and other operational techniques necessary to preserve network stability.
7. OPEN INTERNET DISCLOSURE
Provider publishes detailed Open Internet practices consistent with FCC transparency rules including performance expectations, congestion management, device capability, and service limitations. Subscriber acknowledges that actual speeds may vary.
8. BEAD COMPLIANCE APPENDIX
Provider complies with NTIA BEAD requirements, including cybersecurity standards, supply-chain integrity, nondiscriminatory traffic practices, low-cost service options, network performance reporting, and audit participation.
9. SMS AND ELECTRONIC COMMUNICATION CONSENT
Subscriber expressly consents to receive SMS, automated alerts, service notices, billing reminders, outage notifications, and authentication messages. Subscriber may revoke consent by replying STOP, subject to system confirmation.
10. SECURITY AND ABUSE RESPONSE
Provider may isolate, suspend, or terminate Services upon detection of compromised equipment, malware, spam activity, or threats to network integrity. Provider may block traffic known to originate from malicious sources.
11. LEGAL PROCESS AND DISCLOSURE
Provider may disclose Subscriber information when required by law. Provider may preserve logs, evidence, or communications relevant to investigations, and may report suspected illegal activity to authorities.
12. LIMITATION OF LIABILITY
Provider shall not be liable for indirect, consequential, punitive, exemplary, incidental, or special damages, including lost revenue, lost data, business interruption, or property damage. Provider’s total liability under this Agreement shall not exceed the prorated value of the last month of Service paid by Subscriber. These limitations shall apply to the fullest extent permitted by law.
13. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the State of Indiana without regard to conflicts of law principles. Any dispute shall be resolved by binding arbitration or in the state or federal courts located in Indiana. Subscriber waives any right to participate in a class action unless prohibited by statute.