Master Service Agreement Overview

Summary

By establishing an account or using the residential internet, business internet or phone services of Straight Shot Wireless (together, the “Services”), you agree to be bound by this Master Service Agreement (the “Agreement”) and to use the Services in compliance with this Agreement, our Acceptable Use Policy and DMCA Policy, as may be amended from time to time. Straight Shot Wireless is a D/B/A and/or Subsidiary of Babcock Enterprises LLC.

The Acceptable Use Policy and DMCA Policy are part of and shall be incorporated into this Agreement. In utilizing Straight Shot Wireless Services, Subscriber agrees to adhere to the terms and conditions of the Acceptable Use Policy, DMCA Policy and this Agreement.

If there is an inconsistency or conflict between the Acceptable Use Policy and this Agreement, the provisions of this Agreement shall govern.

PLEASE READ THIS SERVICE AGREEMENT CAREFULLY TO ENSURE THAT SUBSCRIBER UNDERSTANDS EACH PROVISION. THIS SERVICE AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO SUBSCRIBER IN THE EVENT OF A DISPUTE.

THIS AGREEMENT INCLUDES MANY IMPORTANT TERMS, INCLUDING WARNINGS THAT YOU MAY BE UNABLE TO USE PHONE SERVICE FOR 911 OR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUMSTANCES, AND LIMITS THE DISCLAIMERS ON STRAIGHT SHOT WIRELESS’ LIABILITY.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

Subscriber Acknowledgement

• Straight Shot Wireless (“Provider”) and Subscriber (“Subscriber”) agree that Subscriber has read, understands, and accepts this Agreement, including the Acceptable Use Policy (AUP), before proceeding with service activation.
• If Subscriber is not the property owner, Subscriber acknowledges that they have received explicit permission from the property owner for Provider to proceed with installation and maintenance throughout the service period. Provider is not responsible for any disputes arising from the absence of such permission.
• The primary Subscriber for the account must or their designated representative must be present at time of installation. If the Subscriber responsible for signing the agreement is not present, or the service agreement is not signed prior to installation, the technician may cancel, or reschedule your appointment.
• A representative for the Subscriber, at least 18 years of age, must be present during all appointments, and must remain for the duration of the appointment. If the technician is left alone on the premises, the appointment will be cancelled or rescheduled immediately.
• By continuing to use Provider’s Services after any changes are made to this Agreement or related policies, Subscriber agrees to be bound by such changes. Subscriber is responsible for reviewing the latest version of this Agreement posted at (https://sswireless.net) periodically to remain informed of any updates or changes.
• Subscriber acknowledges that compliance with the terms of this Agreement and all associated policies is a fundamental condition for the continued provision of services.

FCC Label Acknowledgement

• Subscriber acknowledges receipt of the plan’s FCC Broadband Label prior to purchase and that the Label is incorporated by reference into this Agreement.

Privacy and Communications Consent

• Subscriber consents to receiving service-related communications, including billing updates and notifications via email, text, or phone. For marketing or promotional communications to wireless numbers using an auto dialer or pre-recorded voice, prior express written consent is required as per the Telephone Consumer Protection Act (TCPA).
• Subscriber may revoke consent for marketing communications at any time by contacting us directly or following the opt-out instructions provided in the communication. Service-related communications necessary for service delivery will continue even after opting out of marketing communications.

Billing and Payment Terms

• Returned Payments and Bank Fees:
• A Twenty-Five Dollar ($25.00) fee will be added to the account in the event of a returned payment. A new invoice will be generated and sent to the Subscriber.
• Subscriber agrees to reimburse Provider for any additional costs or fees incurred due to payment rejection, including but not limited to bank charges.
• After (2) returned payments are received in a 12-month period, all future payments must be made with cash, credit card, or Money Order, unless other arrangements are made with the billing department.
• Billing and Payments:
  • Invoices are generated monthly on the day of the month of your installation date and full payment is due NET 14 days from the date of the invoice.
  • Payments may be processed via the
    • Online Subscriber portal
    • Telephone
    • Brought directly to, or mailed to the office at:

Straight Shot Wireless
804 N Union Ave, Roswell, NM 88201.

• We also have a secure 24 hour drop box next to the front entrance to our building.
• Taxes & Surcharges.
  • Prices exclude applicable taxes, fees, and government-imposed surcharges (e.g., 911, USF). Such amounts are passed through and may change; they will be itemized on the invoice.
• Automatic Payments
  • Automatic payments can be setup through our Subscriber portal, over the telephone, or with the technician at your appointment. We accept Credit, Debit and ACH.
  • Automatic Payment methods can take up to 45 days to take effect. If there is a balance, but not a balance due, your payment method will not be charged.  This will happen to new accounts when they are first setup, or if a payment method is added after the due date.
  • Automatic payments will be charged on the due date shown on your invoice.
  • Subscriber authorizes Provider to automatically charge the provided payment method for recurring services as per the billing cycle.

• Late Payments:
  • Accounts remaining unpaid for twenty-seven (27) days or more are considered delinquent and any subscribed to services will be suspended automatically, Monday through Friday at 10:30 AM local time and will remain suspended until account is brought current or other arrangements are made, at Providers full discretion.
  • Delinquent accounts will result in suspension of all services associated with the Subscriber account, but billing will continue until the account is moved to suspended status. (See Failure to Pay)
  • A Late fee of $15 will be assessed automatically when Subscriber account becomes delinquent.
  • A Twenty-Five Dollar ($25.00) re-connection charge will be applied to the Subscriber account upon reconnection if the account is delinquent or suspended. This does not apply to Subscribers who pause their account in good standing.
  • The balance on the Subscriber account must be paid in full, or Subscriber must make arrangements with our billing department in order to restore service.

• Failure to Pay
  • In the event that any balance not paid as agreed within 60 days after the invoice due date, the account will be set to suspended/disconnect and Provider will be entitled to go and recover any Provider owned equipment.
  • In the event Provider cannot recover equipment, Provider reserves the right to take legal action or schedule recovery visits at Subscriber’s cost.
  • Subscriber account information will be given to a collection agency to attempt to recover any debt owed.
  • In the event a resolution cannot be found, please see (Governing Law) for next steps.

• Dispute Resolution
  • In the event of a billing dispute, Subscriber must notify Provider within 60 days of the invoice date. Failure to notify within this period constitutes acceptance of the charges.
  • If Services are suspended, they will remain suspended until the dispute is resolved or payment arrangements are made.
  • In the event a resolution cannot be found, please see (Governing Law) for next steps.
• Refund Policy
  • Refunds for unused service will be issued on a prorated basis only for the unused portion of prepaid Services when Subscriber terminates the Service in accordance with this Agreement.
  • No refunds will be provided for partial months, except in cases of service non-availability due to Provider fault. (See Termination for Business Viability)
  • Subscriber is not eligible for any refunds if they are in violation of any of the terms of this Agreement.

• Credit for Service Interruption
  • Credits are available only for service interruptions caused by Provider that last more than 48 consecutive hours.
  • Cap: Total credits in a billing period will not exceed 50% of the monthly base service charge. Base service charge excludes add-ons and usage-based charges.
  • If service cannot be restored within 48 consecutive hours, the account will be credited for each full 24-hour period after the first 48 hours at 1/30th of the monthly base service charge per day.
  • Subscriber must request the credit in writing within 90 days of the interruption (email support@sswireless.net or via the Customer Portal). Provider will investigate and respond within 10 business days.
  • A credit will be issued if Provider’s records confirm that the interruption was caused by Provider and meets the eligibility criteria above.
  • Business Service Credits: For Business tiers, response targets and credit methodology are governed by Provider’s Business SLA (incorporated by reference), which supersedes this clause for Business service.

Label Calculation Methodology

“Typical” values shown on Broadband Consumer Labels are calculated using Provider’s network telemetry consistent with FCC rules: measured customer-edge performance during the defined peak-hour window, aggregated by plan and serving site/sector; typical speeds = defined percentile of observed downstream/upstream throughput; typical latency = defined percentile of round-trip latency; with documented rounding and update cadence. This section applies to all tiers and controls in the event of any conflict.

Plan Facts vs. Contract Terms.

• For plan-specific facts (monthly rates, typical speeds/latency, ETF, standard install charges), the FCC Broadband Label controls. For all other terms and policies, this Agreement controls.

Minimum Commitment

• Price Lock.
  • Provider will not increase the base monthly service charge during the selected term, excluding taxes, regulatory or government-imposed surcharges, and optional add-ons. If Provider increases the base monthly service charge during the term, Subscriber may cancel without ETF.
• 24 Month Price Lock
  • The subscriber agrees to a minimum service period of 24 months from the date of activation of the service agreement (“Minimum Service Period”) unless they opt for the No Term Agreement option.
  • After the initial 24 months of service, this agreement will become a month-to-month agreement, and no early termination fee will apply.
  • Fees: Installation fees and any promotional install credits for this option are as published on the plan’s FCC Broadband Label.
  • See Special Construction for non-standard work.
• 24-Month Price-Lock Bonus Credits.
  • Customers who select a 24-month Price-Lock are eligible for two one-time account credits equal to the monthly service price of the selected plan at order: the first credit in the 6th month and the second in the 18th month of continuous service.
  • To receive a Bonus Credit, the account must be (i) active, (ii) not past due as of the statement date on which the credit would post, and (iii) on the same or higher plan as originally selected. Enrollment in AutoPay (card or ACH) satisfies the “not past due” requirement by design and is recommended. Customers who do not use AutoPay remain eligible if the account shows no past-due balance on the two prior billing statements immediately preceding the credit’s posting date or if a refundable payment deposit equal to one month of service remains on the account.
  • Bonus Credits are promotional, post only against future invoices, have no cash value, are non-transferable, and do not reduce the plan’s monthly rate. If service is terminated before the end of the term, any Bonus Credits previously applied are recaptured and added to the Early Termination Fee on the final bill.
• 12 Month Price Lock:
  • The subscriber agrees to a minimum service period of 12 months from the date of activation of the service agreement (“Minimum Service Period”) unless they opt for the No Term Agreement option.
  • After the initial 12 months of service, this agreement will become a month-to-month agreement, and no early termination fee will apply.
  • Fees: Installation fees and any promotional install credits for this option are as published on the plan’s FCC Broadband Label.
  • See Special Construction for non-standard work.
• No Term Agreement:
  • Subscribers who choose to pay the installation fee upfront are eligible for a no-term agreement. This means there is no early termination fee should the Subscriber cancel their service at any time.
  • Fees: Installation fees and any promotional install credits for this option are as published on the plan’s FCC Broadband Label.
  • See Special Construction for non-standard work.
• Changes to Month-to-Month Service:
  • For month-to-month customers, Provider may modify plan features or pricing with at least 30 days’ advance notice delivered by email or invoice message.
• Existing Customers:
  • If you were on a prior plan, you may be migrated to a new service plan with notice. Your billing term remains month-to-month unless you affirmatively select a Term Plan.
  • Existing subscribers who continue using the service without modifying their service plan will remain under their current payment terms.
• Changes to Service Plan:
  • Upgrades/downgrades between plans do not create a fixed term unless you select a Term Plan at that time. If you are on a Term Plan and cancel before the end of the term, the ETF in the Early Termination section applies.

Early Termination:

• Early Termination Fee:
  • If an Early Termination occurs during a selected Term Plan, an ETF applies as published on the plan’s FCC Broadband Label at the time of order. The ETF is a reasonable estimate of costs and incentives associated with providing Service and is not a penalty. No ETF applies to month-to-month service.
  • Waivers: Termination for Business Viability; Provider’s uncured material breach after 30 days’ written notice; a documented move to a location where Service is unavailable after reasonable relocation options are offered; or any waiver required by law.
  • Termination of the Agreement does not waive the right of Provider to recover any unpaid amounts.

• Notification of Termination:
  • Provider will give reasonable advance notice of termination by email or mail unless immediate action is required due to fraud, threats to network integrity, or non-payment.

• Termination by Provider for violations of Provider’s Acceptable Use Policy, or any other posted policies on our website at (https://sswireless.net), is subject to the Early Termination Fee only if Subscriber is on a Term Plan (no ETF on month-to-month) and to any other charges expressly set out in this Agreement (e.g., unpaid balances, reconnection fees, unreturned/damaged equipment charges). The ETF amount is as published on the plan’s FCC Broadband Label.

Special Construction

• In the event that special construction, or additional non-standard equipment is required, including but not limited to:
• Cable runs longer than 200’
• Additional cabling
• Higher tower
• Mast hardware
• Specialized antennas
• Tower climb
• Fees will be incurred for any additional non-standard items priced at MSRP of replacement cost required, and time required to install them, billed at our Technician Rate stated below. These are some, but may not be all of the items that are not included with the standard installation and will be discussed at time of installation.  An additional invoice will be incurred.
• Additional labor is billed at $80.00/hr. per technician for the first hour, and billed 15 minutes/per after the first hour (Technician Rate). Overtime and weekend rate is 1.5 times Technician Rate.  Holiday rate is 2 times Technician Rate.
• The stated rates apply during regular business hours. Overtime, weekend, and holiday rates will be higher. Travel and related charges will be passed through to the Subscriber.
• Technician reserves the right to ensure a safe work environment, and reschedule work as necessary to ensure their safety.

Phone Service

Phone Service fees, taxes, and other charges may change from time to time. If Subscriber makes calls to locations outside the United States and Canada, international rates will apply. International calling rates can be found on Provider’s website https://sswireless.net.

Equipment

• All equipment, routers, subscriber modules, antennas and any mounting equipment furnished by the Provider (“Provider Equipment”) will at all times remain the property of the Provider.
• Subscriber may not sell, transfer, lease, encumber or assign all or part of the Provider Equipment to any third party.
• Subscriber may not tamper with Provider Equipment. In the event that tampering is found, we reserve the right to terminate service and/or charge the Subscriber’s account for any damage to Provider Equipment and time to perform repairs necessary to restore Service.
• Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Provider Equipment or part thereof, together with any costs incurred by Provider in obtaining or attempting to obtain possession of any such Provider Equipment.
• On expiration or termination of this Agreement, subscriber authorizes the Provider to retrieve from Subscriber’s premises Provider Equipment.
• All Provider Equipment must be returned to Provider’s office within 7 business days after Service termination. If Subscriber fails to return Provider Equipment within 7 business days of Service termination, the Provider Equipment will be deemed unreturned.
• Provider will maintain, at its own expense, all installed equipment installed at time of installation so long as it has not been intentionally tampered with or damaged by external means.
• For Phone Service, Subscriber must supply certain facilities, such as a phone handset or equivalent, installed phone wiring and jacks, and a powered electrical outlet. Subscriber is responsible for supplying and ensuring that the facilities Subscriber supplies are compatible with the Service and meet federal and other applicable standards. Subscriber represents that Subscriber either owns Subscriber’s facilities or has the right to use the facilities in connection with the Phone Service. Provider shall have no obligation to provide, maintain, support, or service Subscriber’s facilities. If Subscriber’s Internet connection is terminated, suspended, or disconnected for any reason, the Phone Service will not be available until Subscriber reestablishes Subscriber’s Internet connection with Provider or whichever Internet provider Subscriber utilizes.
• For Phone Subscribers requesting that Provider port an existing phone number from a prior carrier, a signed Letter of Authorization (“LOA”) must be on file before Service will be provided. The LOA gives legal authorization to Provider to act as Subscriber’s agent, to make any and all inquiries necessary for the purpose of obtaining Subscriber service record information and to act as the Subscriber’s agent for the purpose of taking any and all actions required (including the removal of any account protection/freezes) to become Subscriber’s local service provider and to implement other services described herein for all of the Subscriber’s physical service and billing locations including changing Subscriber’s long distance carrier(s).
• The Subscriber gives Provider authorization to notify all appropriate parties, including the Subscriber’s local and long-distance carrier, of the Subscriber’s choice of carriers and to make the necessary changes for the Subscriber’s current and future services without further permission. It is the Subscriber’s responsibility to terminate service from prior local and long-distance carriers after activation of Provider’s Phone Service.
• The Subscriber also agrees to indemnify Provider, its employees, and agents from any liability resulting from any credit injury, or client privacy issue, or liability to any third party for pre-existing obligations the Subscriber may have regarding local and/or long-distance services.
• Provider provides Subscriber with a free standby backup power with a minimum of eight hours of backup for phone usage only. Provider provides Subscriber with the option to purchase standby backup power that will provide a minimum of twenty-four hours of backup power.  Standby backup power units do not guarantee the Provider network will remain available during a power outage or other causes of network interruption.  Use of the backup power for Internet backup may affect battery life.  The backup power units do not guarantee that phones purchased or used by the Subscriber with this Service will remain available during a power outage or other causes of network interruption.  They also do not guarantee that phones purchased or used by the Subscriber with this service will remain operational, particularly if such devices require commercial power.  Provider also offers Subscriber installation of Subscriber’s selected back-up power equipment for a small fee.  All backup power equipment purchased by the Subscriber is considered to be Subscriber equipment.

Service Transferability

• Service is provided to the Subscriber for the location specified at the time of installation and is not transferable to another individual or address without prior approval by the Provider. A Service Move fee may apply if a relocation is approved.

Troubleshooting

• If your Service ceases to function properly but Provider’s network is still functioning properly, a ticket will be generated and a technician will troubleshoot during normal business hours.
• All troubleshooting will start with remote diagnostics of your services, and then, if determined one is needed, a service call will be scheduled, within business hours, based on the results of the initial troubleshooting.
• We offer 24/7 live telephone technical support. Call our main number to access support after hours.
• You may submit a support request via your customer portal, email support@sswireless.net, submitting a request for contact on our website, and by calling our office and selecting the “Support” option.
• It is the Customer’s responsibility to notify Provider of Service issues using one of the methods listed below.
• Any troubleshooting will be updated on the ticket assigned to the customer for the incident, which will be available to view from the Customer Portal.
• Customer may ask to receive email updates on ticket updates, please notify your technician if you would like to receive notifications of updates.
• Provider technicians are responsible only for diagnosing and resolving issues related to Provider Equipment and Services. Troubleshooting of internal networks or third-party equipment beyond Provider’s connection point will be the Subscriber’s responsibility.
• For Service visits for issues caused by Subscriber’s internal network issues, or non-Provider Equipment, Subscriber will incur standard service charges. (See Special Construction)
• If the problem is due to Subscriber negligence, or Provider Equipment is deemed to be intentionally harmed in any way, Subscriber will be charged replacement costs to replace/repair any damaged equipment/cabling and standard hourly rates apply. (See Special Construction)

Appointments

• Appointment times will be scheduled between (9AM – 4:30PM Monday-Friday) and are subject to technician availability and drive time to location.

Service Scope and Limitations

• Provider’s connection point ends at the subscriber module power supply. If a router is leased, our connection point ends there. Any trouble beyond our network or Provider Equipment is the full responsibility of the Subscriber and their subsequent network administrator or vendor. Standard maintenance is limited solely to Provider network, Provider Equipment, and backbone connectivity.
• Services are provided on an ‘as-is’ and ‘as-available’ basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
• Provider is not responsible for the performance or content of third-party services accessed through Provider’s network, including but not limited to streaming platforms, online gaming, or cloud services. Provider does not guarantee uninterrupted access to such services.
• Provider will, at its own expense, perform Antenna re-aiming or relocation due to obstructions such as trees, vegetation, buildings, or storm related damage.
• Any Subscriber-requested re-aiming or relocation of antennas, or reconstruction of any installed equipment or assemblies will be billed to the Subscriber at the Technician Rate. (See Special Construction)
• Residential Services benefits:
  • Monday -Friday 8-5 local telephone support
  • Monday through Friday 8-5 local in office support
  • 24/7 Live Call Center Support
  • Service restoration during appointment times (specified above)
  • includes one static IPv4 (/32); rDNS is not provided on Residential.
  • 2 E-mail addresses at sswmail.com. Subscriber must request this, as we will not setup unless asked.
    • If no other services are subscribed to, and Subscriber wishes to retain their e-mail address(es), then Subscriber will be billed at the market rate for each e-mail address.
• Business Service benefits offered in addition to all of the Residential Service features:
  • Monday-Friday 8×5 priority service restoration – Priority service restoration means that business accounts will be given precedence over residential accounts during periods of service outage, subject to the nature and scope of the outage.
  • Higher upload speed on service plans,
  • includes one static IPv4 (/32) with rDNS available upon request.
    • Additional addressing may be available at published rates.
  • Provider will make commercially reasonable efforts to maintain the availability and quality of the Internet service but does not guarantee uninterrupted or error-free operation.
  • Business SLA. Business response targets and service-credit methodology are set in Provider’s Business SLA, incorporated by reference into this Agreement.
• IP Addressing. IP addresses are leased, not sold. Provider may renumber and reclaim addresses on reasonable notice; rDNS may be withdrawn in cases of abuse (e.g., spam/blacklist events) or security risk.
• Reselling service will result in immediate disconnection. However, businesses may set up a Wi-Fi hotspot with permission from Provider. This is only allowed on a case-by-case basis.
• Using a personal account for commercial use (e.g., website hosting, advertising, server hosting, etc.) is prohibited.
• Email accounts exceeding the subscriber’s allotted email space, may, at Provider’s discretion, be transferred to a compressed temporary file or storage. Provider may delete the temporary files from the server 60 days after notifying you.
• Provider cannot be held liable for any type of loss, whether actual or perceived, due to a lack of service.
• Provider has no control over certain types of interference and signal blockage. We do not guarantee any level or quality of service. If the service becomes unusable, the subscriber is expected to reach out to Provider.
• Subscriber understands that Service may be interrupted from time to time for various reasons including maintenance, interference, upgrades and power outages. There will be no warning for some outages.
• By acceptance, and use, of the Phone Service, Subscriber acknowledges and accepts any limitations of 911/E911 service, and Subscriber agrees to convey these limitations to all persons who may have occasion to place calls over the Phone Service. If Subscriber has any questions about 911/E911, call Provider at 1-575-208-7915.

Liability Disclaimer and Indemnification

• Subscriber, its agent, successor and/or assigns expressly agree to indemnify and release Provider, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of, or termination of Provider’s Services here under including but not limited to, Subscriber’s access to content uploaded or downloaded using Provider’s Service from any source or to any recipient.
• SUBSCRIBER FURTHER RELEASES PROVIDER FROM ANY RESPONSIBILITY OR LIABILITY RELATED TO THE ACCURACY, QUALITY OR CONFIDENTIALITY OF ANY INFORMATION AVAILABLE BY OR THROUGH PROVIDER SYSTEMS AND/OR THE NETWORK.
• PROVIDER WILL USE REASONABLE SECURITY MEASURES TO PROTECT SUBSCRIBER DATA. HOWEVER, PROVIDER SHALL NOT BE HELD LIABLE FOR ANY UNAUTHORIZED ACCESS TO SUBSCRIBER DATA RESULTING FROM FACTORS BEYOND ITS REASONABLE CONTROL, INCLUDING HACKING, THEFT, OR FORCE MAJEURE EVENTS.
• PROVIDER ASSUMES NO RESPONSIBILITY FOR THE CONTENT CONTAINED ON THE INTERNET OR OTHERWISE AVAILABLE THROUGH THE NETWORK OR FROM ANY SOURCE ACCESSIBLE VIA PROVIDER’S SERVICES. Provider discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the Services provided by Provider which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to, pornographic, or otherwise inappropriate or sexually explicit offensive content.
• Subscriber acknowledges to Provider that its use of Provider Services to access information, content or other Services is at its own risk.
• PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR SERVICE DISRUPTIONS CAUSED BY UPSTREAM PROVIDERS, SUBSCRIBER’S DEVICES, OR EXTERNAL FACTORS SUCH AS ELECTRICAL OUTAGES OR INTERFERENCE.
• The Subscriber agrees that they will read and understand the Terms and Policies and Acceptable Use Policy sections of the Provider website. The Subscriber assumes all liability of providing a computer or device capable of using the IP protocol over Ethernet.
• Provider shall not be liable for any delay or failure in performance due to events outside of Provider’s reasonable control (“Force Majeure Events”). Force Majeure Events include, but are not limited to, natural disasters, acts of terrorism, cyber-attacks, government regulations, labor disputes, equipment failures, or acts of third-party vendors or suppliers, acts of God, fire, flood, war, labor disputes, government actions, or equipment failures. Subscriber agrees that such interruptions do not entitle Subscriber to any refund or credit except as explicitly outlined in this Agreement.
• STATUTE OF LIMITATIONS: SUBSCRIBER MUST BRING ANY CLAIM OR LAWSUIT WITHIN ONE (1) YEAR AFTER THE CLAIM OR SUIT ARISES.
• TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD-PARTY LICENSORS OR THIRD-PARTY SUPPLIERS, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, AND ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS SERVICE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO SUBSCRIBER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PROVIDER UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 US).
• ADDITIONALLY, PROVIDER WILL HAVE NO LIABILITY FOR THE FOLLOWING: (i) FOR ANY AMOUNT IN EXCESS OF ONE HUNDRED DOLLARS ($100.00 US); (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) ANY LACK OR BREACH OF SECURITY CUSTOMER OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vi) FOR ANY MATTER BEYOND PROVIDER’S REASONABLE CONTROL; (vii) FOR ANY INTERFERENCE OR INCOMPATIBILITY WITH OR DISRUPTION OF ANY NON-VOICE SYSTEMS, WHETHER CAUSED BY THE PHONE SERVICE, INTERNET SERVICE, EQUIPMENT, OR OTHERWISE; (viii) CUSTOMER’S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS SERVICE AGREEMENT, OR FOR (ix) FOR DEVELOPING, INSTALLING, OPERATING, PROVIDING, IMPLEMENTING, MAINTAINING, OR PARTICIPATING IN A 911 EMERGENCY TELEPHONE SYSTEM OR SIMILAR EMERGENCY SYSTEM OR E911 SERVICE, INCLUDING WITHOUT LIMITATION (a) RECEIVING, DEVELOPING, COLLECTING, OR PROCESSING INFORMATION FOR E911 DATABASES, (b) RELAYING, TRANSFERRING, OPERATING, MAINTAINING, OR PROVIDING 911 OR E911 SERVICES OR SYSTEM CAPABILITIES, OR (c) PROVIDING EMERGENCY TELEPHONE AND RADIO COMMUNICATIONS FOR AMBULANCE, POLICE AND FIRE DEPARTMENTS.

Privacy Policy

• Provider has established a Privacy Policy (“Privacy Policy”), which governs Provider’s collection, use, disclosure, management and security related to Subscriber’s personally identifiable information (“Personal Information”).
• Subscriber agrees that Subscriber received a copy of the then-in-effect Privacy Policy at the time Subscriber executed this Agreement. Provider may update or amend the Privacy Policy at any time without Subscriber’s prior consent, unless such consent is required by law. Provider will, however, provide notice of any such changes or amendments as stated in Provider’s Privacy Policy. Subscriber understands, acknowledges and agrees that Subscriber’s continued use of the Service after notice of any changes or amendments have been provided will indicate Subscriber’s acceptance of such changes, except where further steps are required by applicable law. All such updates or amendments shall be deemed to be incorporated by reference into this Agreement.
• Provider does not routinely monitor a Subscriber’s activity for violation of this Agreement and Provider has no obligation to monitor content transmitted by use of, or other information related in any way to the provision or receipt of, the Service. However, Subscriber agrees that Provider has the right to monitor the Service, any and all information or Subscriber material transmitted through the Service or by use of the Provider Equipment, and information available to Provider regarding Subscriber’s computer and other equipment in accordance with this Agreement. Provider has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on Provider’s, its affiliates’ or operational service providers’ servers. Provider has the right to monitor, review, retain or disclose any content or other information in Provider’s possession about or related to Subscriber (including, without limitation, Subscriber Information), Subscriber’s use of the Service, or otherwise, as necessary to satisfy any applicable law, or otherwise as Provider deems necessary or appropriate in Provider’s sole discretion.

Abuse

• Any intentional or unintentional use of the system that disrupts the normal use of the system for other internet subscribers is considered to be abuse of services.
• Each violation will be handled on a case-by-case basis, with corrective actions ranging from issuing warnings to service suspension, termination, or legal action, depending on the severity and frequency of the violation.
  • Corrective actions may include but will not be limited to:
    • Increasing Subscriber to a higher service plan
    • Decreasing access priority on the network
    • Terminating service
    • Replace and or upgrade equipment
    • Changing subscriber assigned IP Address
  • Multiple instances of abuse or severe infractions may result in permanent termination of service and forfeiture of any prepaid amounts.
• Failure to obey all terms set forth in the Acceptable Use Policy is a violation of this Agreement.
• Any Subscriber deemed by Provider to be in violation of this section is subject to immediate termination by Provider.
• Termination under this section shall have the same liability as the “Minimum Commitment and Early Termination” section.

Rights Reserved

• All Services and/or Provider Equipment including the following but not limited to: Usernames, passwords and email addresses at any of Provider’s owned domains, are Provider’s property and Provider may alter or replace them at any time.
• Subscriber acknowledges and agrees that Provider may record or monitor conversations, calls, and communications for training, quality assurance, or legal purposes, subject to applicable laws and regulations.
• Provider reserves the right to terminate this Agreement, your password, your account, or your use of the Internet Service, at any time, for any reason without prior notice, including, but not limited to, if Provider, in its sole discretion, believes you have
  • violated this Agreement,
  • our Acceptable Use Policy,
  • or any of the applicable user policies,
  • or if you fail to pay any charges when due.

Fair Usage Policy

• Provider reserves the right to monitor network usage to ensure compliance with this Agreement and the Acceptable Use Policy.
• If a Subscriber’s usage significantly exceeds typical patterns and degrades other users’ experience:
  • No overage fees apply unless expressly disclosed on the plan’s FCC Label.
  • Provider may temporarily de-prioritize or shape traffic or require the Subscriber to move to a higher-capacity plan with notice.
• Subscribers whose usage consistently exceeds fair usage limits may face service throttling, suspension, or termination, depending on the frequency and severity of the overage.

Right to Access Subscriber Premises

• Subscriber agrees to provide Provider, and each of its respective employees, contractors, representatives, agents, and operational service providers the right to access Subscriber’s property during reasonable hours to install, operate, maintain, upgrade, or retrieve Provider equipment.
• Emergency access may occur without advance notice if required to protect safety or network integrity.
• Provider shall provide Subscriber with reasonable advance notice of any such planned access, except when, in the reasonable opinion of Provider, an emergency or other exigent circumstance exists that would require Provider to immediately enter Subscriber’s property and premises.

Subscriber’s Responsibility for Internal Network Security

• Subscriber is solely responsible for securing and maintaining their internal network, including any wireless access points or devices connected to the network. Provider assumes no liability for security breaches, unauthorized access, or damages resulting from Subscriber’s failure to secure their network.

Limited Support for Third-Party Equipment

• Provider will provide technical support only for Provider-owned equipment. Support for third-party routers, extenders, or other network devices is the sole responsibility of the Subscriber.

Subscriber Account Changes

• Subscribers understand in order to establish a new account or make changes to any information on the account, each of the following items are required:
  • Proof of residency (Utility Bill that matches your ID Name and Address),
    • Accepted Documents (Only need one (1), needs to match address on ID)
      • Electric bill
      • Water bill
      • DMV Record
      • Telephone Bill
    • Any valid State or Federally issued ID Card.
    • Social Security Number or Tax ID Number
    • and you will be required to sign a new service agreement.

• We will not perform any changes to your information without the above documents. This list is subject to change without notice as new and updated information becomes available.

Termination for Business Viability

• If, in Provider’s sole discretion, it is determined that providing Service to Subscriber’s location is no longer commercially viable, this Agreement may be terminated, and the early termination fee will be waived.
• Subscriber will receive at least 30 days’ notice of termination due to business viability and a prorated refund for unused services.
• Refunds for unused service will be issued within 30 days of the effective termination date, following verification of eligibility.

Copyright Infringement and DMCA Policy

• Intellectual Property Rights and Copyright Infringement
  • Subscriber agrees to use Provider services in a manner that respects the intellectual property rights of others.
  • Subscriber shall not use Provider’s services to infringe upon any copyright, trademark, patent, trade secret, or other proprietary rights of any individual or entity. This includes, but is not limited to, the illegal downloading, uploading, distribution, or reproduction of copyrighted material without permission from the rights holder.

• Under the Digital Millennium Copyright Act (“DMCA”), copyright owners have the right to notify Provider’s registered designated agent if they believe that a Subscriber has infringed on their work(s).
  • When Provider receives a complaint notice from a copyright owner, Provider will notify the Subscriber of the alleged infringement by providing Subscriber a copy of the submitted DMCA notice, to the extent permissible by law.
  • As required by law, Provider enforces a graduated response policy to complaints that may lead to suspension or termination of service.
  • Provider’s policy is to terminate the internet services for any Subscriber receiving four (4) or more DMCA notices annually. For information how to contact Provider’s Designated Agent, please see Provider’s DMCA Copyright Infringement Notification Policy, available here
  • DMCA Notices.
    • For copyright claims, please use our contact form at                https://sswireless.net/?page_id=80
  • and select “DMCA/Copyright,” or mail: DMCA Agent, Straight Shot Wireless, 804 N Union Ave, Roswell, NM 88201.

Subscriber’s Representations, Responsibilities and Warranties

• Subscriber represents and warrants that Subscriber is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement and any other documents incorporated by reference in this Agreement, whether such breach results from Subscriber’s use of the Service or by another person using the Service via Subscriber’s equipment or Provider Equipment.
• Subscriber represents and warrants that Subscriber will not use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third-party; (ii) violates any local, state or federal statute, ordinance or regulation, or this Agreement; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any officer, employee, agent, representative or operational service provider of Provider; or (v) transmits any virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program.
• Subscriber represents and warrants that there are no legal, contractual or similar restrictions on the installation of the Provider Equipment in the location(s) and in the manner authorized by Subscriber and that Subscriber is responsible for ensuring compliance with all regulations, applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions or other restrictions related to the installation of the Provider Equipment and Service, for paying any fees or other charges and obtaining any permits or authorizations necessary for the installation of the Provider Equipment and/or provision of the Service (collectively, “Legal Requirements”) and the payment of any fines or similar charges for violation of any applicable Legal Requirements.
• Subscriber represents and warrants that when Subscriber transmits, uploads, posts, or submits any Subscriber Material (as defined herein) using the Service, Subscriber has the legal right to do so and that Subscriber’s use of such Subscriber Material does not violate any copyright or trademark laws or any other third-party rights. Subscriber Material collectively includes without limitation any lawful or unlawful software, computer programs, applications, data, photographs, video and/or audio content, text, files, and other information, including emails, address book and web storage content – anything installed by Subscriber on Provider’s servers not provided by Provider.

Non-Compliance

In the event that Subscriber fails to comply with any of the terms and conditions outlined in this Agreement, the Acceptable Use Policy (AUP), or any other applicable policies or laws, Provider reserves the right to take corrective action, which may include but is not limited to the following:

• Warning Notices:
  • Provider may issue a formal written warning to Subscriber, detailing the specific violation(s) and the required corrective actions. Warnings may include a deadline for compliance, after which further actions will be taken if the violation is not resolved.

• Service Suspension:
  • Provider may temporarily suspend the Subscriber’s services if compliance issues are not resolved within the timeframe specified in any warning notices or if the violation is deemed severe enough to warrant immediate suspension. Service will remain suspended until the Subscriber has rectified the violation or made alternative arrangements with Provider.

• Service Termination:
  • Provider reserves the right to permanently terminate Subscriber’s account and services in the event of continued non-compliance, repeated violations, or serious offenses such as unlawful use of services. Termination may occur without further notice following repeated or serious infractions. Termination of services shall result in:
    • Immediate cessation of service access
    • Recovery of any Provider Equipment, as detailed in the Equipment section
    • Forfeiture of Prepaid Amounts: Any prepaid amounts will be forfeited upon termination for non-compliance.
    • Final Account Settlement: Subscriber remains responsible for settling all outstanding balances, including early termination fees, prior to the final account closure.
    • Data Deletion: Provider reserves the right to delete any data associated with Subscriber’s account, including emails or backups, following termination.
    • Denial of Future Service: Subscriber may be ineligible to establish a new account with Provider after termination due to non-compliance.

• Recovery of Fees and Equipment:
  • Upon termination for non-compliance, Subscriber shall remain responsible for any outstanding fees and charges, including but not limited to early termination fees (if applicable), prorated charges for services rendered, and recovery and/or replacement costs for any Provider Equipment not returned within the specified timeframe.

• Legal Action:
  • In cases where non-compliance involves illegal activities or results in significant harm to Provider, its network, or other Subscribers, Provider reserves the right to pursue legal action. This includes seeking compensation for damages, legal fees, and other associated costs.

• Account Restoration:
  • If Subscriber resolves the non-compliance issue and wishes to restore service, Provider may, at its sole discretion, reinstate the account. Restoration of service may require:
    • Payment of all outstanding fees
    • Compliance with any revised terms or conditions
    • Additional security deposits or service charges as determined by Provider

Governing Law

• The laws of the State of New Mexico shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be in the jurisdiction of Chaves County, New Mexico.
• Any dispute arising under this Agreement shall be resolved by binding arbitration in Chaves County, New Mexico, under the rules of the American Arbitration Association. SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, SUBSCRIBER AND PROVIDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
• A party who intends to seek arbitration must first send to the other, by certified mail, a written notice (“Arbitration Notice”). An Arbitration Notice to Provider must be addressed to Provider at: Straight Shot Wireless 804 N Union Ave, Roswell, NM 88201. An Arbitration Notice to Subscriber must be addressed to Subscriber at Subscriber’s then-current billing address. The Arbitration Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Subscriber and Provider do not reach an agreement to resolve the claim within sixty (60) calendar days after the Arbitration Notice is received, Subscriber or Provider may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Provider or Subscriber shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Subscriber or Provider is entitled.
• The arbitration shall be governed by the AAA Consumer Arbitration Rules (the “AAA Rules”), as modified by this Agreement, and administered by the AAA. The arbitrator shall be bound by the terms of this Agreement. Unless Subscriber and Provider agree otherwise, any arbitration hearings shall take place in Chaves County, New Mexico.
• The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. SUBSCRIBER AND PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Subscriber and Provider agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
• Notwithstanding any provision in this Agreement to the contrary, Subscriber and Provider agree that if Provider makes any future change to this arbitration provision (other than a change to the address to which an Arbitration Notice is to be sent), Subscriber may reject any such change by sending Provider written notice within 30 days of the change. By rejecting any future change, Subscriber agrees that Subscriber will arbitrate any dispute between Subscriber and Provider in accordance with the language of this provision.
• Each party shall bear its own costs and attorney’s fees in any arbitration proceeding, and the parties shall equally share the costs of the arbitrator, except as otherwise required by law or agreed in writing by the parties.

Interpretation; Order of Precedence

If there is any conflict among documents relating to the Services, they control in the following order:

1. Non-waivable law or regulatory order.
2. FCC Broadband Label for the purchased plan, but only for plan-specific facts: monthly rate, one-time install/activation amounts, Early Termination Fee, typical speeds/latency, and any data-allowance statements.
3. Order/Confirmation of Sale (including selected term, options, and promotions).
4. This Master Service Agreement (MSA).
5. Business SLA (incorporated by reference) for business response targets and service-credit methodology.
6. Acceptable Use Policy and DMCA Policy.
7. Any other service descriptions, FAQs, or support documentation.

Documents that address a subject not covered by another document supplement (they don’t conflict with) the others. For the avoidance of doubt, the MSA controls over the AUP/DMCA on any inconsistency, and the FCC Broadband Label controls only for plan-specific facts listed above.

 

Complete Agreement

• This Agreement, in combination with the Acceptable Use Policy and other policies posted directly and publicly on the Provider website, constitute the entire Agreement between the parties and no other representations or statements will be binding upon the parties.
• If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this agreement shall remain in full force and effect.
• No prior oral or written statement or agreement, except as included in this Agreement, shall be binding or enforceable.