1.1 Binding Agreement
These Terms, together with our Acceptable Use Policy (AUP), Privacy Policy, any applicable Service Level Agreement (SLA) for the Services you purchase, and any Master Service Agreement (MSA) you may have entered into with us, collectively form a legally binding agreement between you and Echo Broadband regarding your use of the Services.

1.2 Hierarchy of Agreements

Master Service Agreement (MSA): If you have entered into an MSA with us, it is the controlling document. In the event of any conflict among documents, the MSA supersedes all—including these Terms, any SLA, or the AUP.

Service Level Agreement (SLA): Each Service we provide may have an SLA defining performance metrics, uptime guarantees, and remedies specific to that service. Where there is a conflict between these Terms and an SLA, the SLA supersedes these Terms to the extent of that conflict, unless the MSA provides otherwise.

These Terms and AUP: These documents govern the relationship and apply unless expressly overridden by the SLA or MSA.

1.3 Modifications
We may update or modify these Terms at any time. If we make material changes, we will provide notice (e.g., by posting the updated Terms on our website or via email). Your continued use of the Services after such notice constitutes your acceptance of the revised Terms.

1.4 Credit / Background Checks
Echo Broadband reserves the right to perform a credit and/or background check as part of our qualification process prior to order placement. Based on the results, we may elect to:
- Cancel the order without liability to either party, or
- Require prepayment or a deposit of certain charges before activation of Services.

2.1 Provision of Services
Echo Broadband provides broadband internet connectivity and related services to residential and business customers in Utah. Specific service features (speed, data limits, etc.) may be outlined in your SLA, MSA, or subscriber agreement.

2.2 Service Availability
We strive for continuous network availability. However, service interruptions may occur due to maintenance, unforeseen outages, emergencies, or factors beyond our control.

2.3 Speed and Performance
Advertised speeds represent maximum theoretical capabilities and are not guaranteed. Actual performance may vary due to network congestion, hardware limitations, environmental conditions, or other variables.

2.4 Equipment
Unless otherwise specified in your SLA or MSA, you are responsible for obtaining and maintaining compatible equipment (e.g., routers, wifi extenders, etc) necessary to access our Services. Any equipment we lease or provide remains our property unless explicitly sold to you.

2.5 Final Qualification
- While Echo Broadband endeavors to provide quality internet services, we are not ultimately responsible for the quality of your personal computer(s) or any modifications you make to equipment we supply.
- We are also not responsible for failures in operating systems, software, or inside wiring that may impair your ability to use our Services.
- Although we strive to resolve issues in good faith, we reserve the final right to determine service eligibility and the final discretion in all matters relating to the provision or discontinuation of Services.

2.6 SLA Coverage
If your plan or package includes an SLA, please review it for performance metrics and uptime guarantees. In the event of any conflict between these Terms and an SLA, the SLA governs (subject to the MSA’s precedence).

3.1 Account Creation
- You may be required to create an account to purchase or use our Services.
- You agree to provide accurate, complete, and current information at sign-up and to promptly update it if it changes.
- You are responsible for all activity under your account and for safeguarding your login credentials.

3.2 Customer Obligations
- You must comply with all applicable local, state, federal, and international laws and regulations.
- You agree to follow our Acceptable Use Policy, outlined in Section 4.
- You are responsible for securing your devices, systems, and networks against unauthorized access or misuse.

3.3 Resale or Sharing
You may not resell, share, or distribute our Services to third parties without a formal, written reseller agreement or other explicit authorization from Echo Broadband.

4.1 Acceptable Use Policy (AUP)
Our AUP is incorporated herein by reference. It defines acceptable and prohibited conduct on our network. You must adhere to the AUP at all times.

4.2 Prohibited Activities
You may not use our Services to:

Engage in Illegal or Unauthorized Conduct
- Violate any applicable law or regulation.
- Facilitate or promote illegal activities, hacking, or unauthorized network access.

Harass or Threaten
- Transmit or post content that is harassing, defamatory, obscene, or threatening.
- Bully, stalk, or otherwise harass individuals or organizations.

Distribute Harmful Content
- Send or distribute malware, viruses, spyware, ransomware, or any software designed to disrupt or damage systems or data.

Hacking or Unauthorized Access
- Attempt to gain unauthorized access to any account, system, or network—whether owned by Echo Broadband or a third party.
- Conduct or facilitate denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks.

Infringe on Intellectual Property
- Transmit or share material that infringes upon third-party copyrights, trademarks, or other proprietary rights.

Network Abuse
- Engage in spamming, phishing, or fraudulent activities.
- Use automated means or excessive bandwidth in a manner that degrades network performance for others.

4.3 Monitoring and Enforcement
We reserve the right, but are not obligated, to:

Monitor usage and content for compliance with these Terms and our AUP.
Investigate suspected violations and cooperate with law enforcement as needed.
Enforce these Terms by suspending or terminating accounts that violate them.

5.1 Service Activation and Commencement of Billing
- Billing will commence on your Activation Date, which is the day your circuit is installed or your account is created.
- You are financially responsible for all use of Service thereafter unless Echo Broadband is notified in a timely manner of an issue that, in our sole discretion, justifies a service credit.

5.2 Service Fees and Charges
- Service fees may include applicable local, state, and federal taxes or other regulatory charges in addition to the advertised rate.
- All additions to your existing service package are non-refundable, regardless of usage.
- Echo Broadband charges continuously to maintain your connection and/or reserve IP space —even if you are not actively using the Service.

5.3 Business-Class and Residential-Class Billing

Business-Class Bill Accounts: Invoicing is sent solely via email unless you request a physical paper invoice (subject to an additional fee per invoice) or alternative billing arrangements are made and agreed to, in writing, by both parties.

‍Residential-Class Bill Accounts: Invoicing is sent solely via email unless you request a physical paper invoice (subject to an additional fee per invoice).

5.4 Account Billing Cycle and Payment Obligations
- Bill Accounts are generally invoiced 3 days prior to the start of each monthly service period.
- Payment is due by the invoice’s Due Date, which is prior to the beginning of the billed service period.
- All payments will be applied to the oldest unpaid invoice on your account.
- If a payment in any form (check, ACH, etc.) is returned or denied by your financial institution, you will incur a returned payment fee of $25.00.

5.5 Late Payments and Late Fees
- If payment is not received by the due date, the payment is considered late.
- If the late amount remains unpaid 15 days after the due date, Echo Broadband reserves the right to suspend your account and schedule an uninstall appointment.
- We reserve the right to suspend or terminate Services until the outstanding balance, including late fees, is paid in full.

5.6 Automatic Renewals and Credit Card Charges
- Residential-Class Bill Accounts are, by default, set up for credit card auto-renewal using the card on file. Echo Broadband will attempt to process auto-renew payments on each invoice’s due date.
- If you provide a check payment that is later canceled or fails to process (ACH rejection), or if your account remains past due, Echo Broadband reserves the right to charge the credit card on file regardless of your autorenew status.

5.7 Account Termination for Non-Payment
- Echo Broadband may terminate any class of Bill Account that remains past due at our sole discretion.
- Upon termination for non-payment, all services on the account will be discontinued and all files removed from our servers without further notice.
- Any applicable Disconnection Fees will be added to the outstanding balance.

5.8 Reinstatement of Service
- If you wish to reinstate an account after termination, you must pay all outstanding charges from the inception of service continuously to the current month, unless waived by Echo Broadband at our discression.
- You may be subject to new installation/setup charges in addition to any unpaid balance.

6.1 Term and Renewal
- The initial term of your service is specified in your subscriber agreement, SLA, or MSA, and by default is one (1) month.
- Unless otherwise stated, services may automatically renew for successive periods at the then-current rate.
- Refer to your MSA or SLA for specific renewal conditions.

6.2 Termination by Customer
- You may terminate your Service by following the procedures in your SLA, MSA, or subscriber agreement.

6.3 Termination or Suspension by Echo Broadband
- We may suspend or terminate Services immediately if you fail to pay fees when due, violate these Terms or the AUP, or engage in conduct that harms our network or other customers.
- We may also terminate for convenience with at least 30 days’ written notice. If we terminate for convenience, you may be entitled to a pro rata refund of any prepaid amounts.

6.4 Effects of Termination

Immediate Cessation of Service: Upon termination, your right to access or use the Services ceases immediately.

Equipment Return or Replacement Costs: You must promptly return any leased equipment in good working condition. If not returned on time or returned damaged, you must pay full replacement cost.

Outstanding Fees and Charges
- You remain liable for unpaid fees incurred prior to termination, including:
-- Monthly recurring charges for the final billing cycle (or prorated portion).
-- Usage-based or pay-per-use fees not yet billed.
-- Early termination fees if applicable under your SLA or MSA.
-- Administrative or other termination-related costs we incur from third-party providers.

Forced Termination and Additional Liabilities
- If termination is for cause (e.g., nonpayment, AUP violations), you may incur extra liabilities, including:
-- Collection costs (attorneys’ fees, expenses).
-- Damages or remedies permitted by law or outlined in the SLA or MSA.
-- Data loss: Echo Broadband is not responsible for retaining or restoring your data post-termination.
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Data and Account Information: Upon termination, Echo Broadband may delete or disable access to your data without notice. Back up any data before cancellation.

No Waiver of Rights: Termination does not affect any accrued rights or remedies. Indemnification, limitation of liability, and disclaimers of warranties survive termination.

6.5 Disconnection Fee Policy
- Account disconnection, whether voluntary or involuntary, may incur a cancellation charge.
- For Wireless High-Speed Internet accounts, the cancellation fee may include the cost of Echo Broadband's equipment such as radios, POE devices, etc.
- All other accounts under contract require full payment of the contract upon termination.
- Customers terminated for violating Echo Broadband's policies remain liable for any outstanding fees (e.g., service fees, hardware, installation costs).

6.6 Termination Policy
- Echo Broadband may terminate your service at its sole discretion for violations of our AUP or “Moderations of Use.”
- Customers under contract who are terminated for policy violations are subject to the standard Disconnection Fee, plus any unpaid balances for rendered service or hardware.

7.1 Privacy Policy
Our Privacy Policy describes how we collect, use, and protect your personal information. By using our Services, you consent to the practices described therein, which may be updated periodically.

7.2 Disclosure to Law Enforcement
We may release information to law enforcement or governmental agencies if required by law, court order, or to protect our rights and those of others.

8.1 Ownership
All intellectual property (IP) rights in our Services, website, and associated software remain the exclusive property of Echo Broadband or its licensors.

8.2 Software Licenses
Any software provided is licensed, not sold. You may not reverse engineer, modify, or distribute such software except as expressly permitted by law or license terms.

9.1 As Is / As Available
Except as otherwise outlined in an SLA, Echo Broadband Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Technical Support Limits
Echo Broadband’s technical support is generally limited to connectivity matters and basic configuration of browsers and computer wifi settings. Unless you have contracted for more comprehensive support services, we do not offer support for third-party applications or advanced operating system configurations.

To the fullest extent permitted by law:

- Echo Broadband, its affiliates, officers, employees, and agents are not liable for any indirect, incidental, consequential, special, or punitive damages arising from your use or inability to use our Services, or from hardware/software issues, legal or illegal activity by you or other customers, or service outages.
- Our total liability for direct damages related to our Services shall not exceed the amount you paid us for those Services in the one (1) month immediately preceding the incident giving rise to the claim. (This one-month limitation is more protective of Echo Broadband than the one-year cap in some other documents, and prevails in the event of any conflict.)

You agree to defend, indemnify, and hold harmless Echo Broadband, its affiliates, officers, employees, and agents from all third-party claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your breach of these Terms, the AUP, or any applicable SLA or MSA;
- Your violation of any laws or regulations;
- Your infringement of any third-party rights;
- Any misuse of the Services under your account.

12.1 Governing Law
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws principles.

12.2 Dispute Resolution
- The parties shall attempt in good faith to resolve disputes through negotiations.
- Failing resolution, any dispute shall be brought in the state or federal courts in Davis County, Utah, and you consent to that jurisdiction and venue.

13.1 Force Majeure
Echo Broadband is not liable for delays or failures due to events beyond its reasonable control, including natural disasters, strikes, war, terrorism, governmental actions, or power outages.

13.2 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations at any time without restriction.

13.3 Severability
If any provision is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force and effect.

13.4 No Waiver
Our failure to enforce any right or provision does not constitute a waiver of that or any other provision.

13.5 Entire Agreement
These Terms, the AUP, the Privacy Policy, any SLA, and any MSA constitute the entire agreement between you and Echo Broadband regarding the Services. Where conflicts arise, the MSA supersedes, followed by the SLA, and then these Terms (and the AUP).

If you have questions or need to report a violation of these Terms, you may contact us at:

‍Email: support@echobroadband.net
‍Address: Echo Broadband, 1255 W 75 N, Centerville, Utah 84014
‍Phone: 801-999-1001 (call or sms)
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