This Master Services Agreement (“Service Agreement” or “MSA”), consisting of these terms and conditions and all other documents referenced herein, is entered into by and between Mile High Networks LLC (“Mile High Networks”) and the individual or entity to which this Agreement is attached (“Customer,” “you,” or “your”). It sets forth the terms and conditions under which Mile High Networks will provide its Standard Internet Access Service, Dedicated Internet Access Service, and related services and components (collectively, the “Service”). This Service Agreement applies to both residential and commercial Customers. “Affiliate” means an entity that controls, is controlled by, or is under common control with Mile High Networks.
By using the Service, you agree to be bound by the terms of this Service Agreement and all documents incorporated by reference, including without limitation Mile High Networks' Privacy Policy, DMCA Copyright Infringement Notification Policy, Acceptable Use Policy, and any Additional Terms (terms and conditions governing new service offerings), as each may be amended from time to time. In the event of a conflict between this Service Agreement and any Additional Terms, the Additional Terms shall govern. Customers subscribing to Premium Dedicated Internet Access (“DIA”) Service are also subject to a separate written proposal detailing their customized service (“DIA Proposal”), which is incorporated by reference into this MSA.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class action lawsuits, and limits the remedies available to you in the event of a dispute. THIS SERVICE AGREEMENT INCLUDES MANY IMPORTANT TERMS, including warnings that you may be unable to use telephony service for 911 or other emergency calls under certain circumstances, as well as limits and disclaimers on Mile High Networks' liability. If you do not agree to these terms, do not use the Service.
Mile High Networks regularly updates and amends this Service Agreement, the Privacy Policy, DMCA Copyright Infringement Notification Policy, and other incorporated documents. Mile High Networks will communicate any such updates or amendments in accordance with the notice provisions herein. You may obtain a current copy of the Service Agreement or any incorporated documents at no charge by visiting the Mile High Networks website or contacting Mile High Networks directly.
1. GENERAL OVERVIEW. This Service Agreement governs the components and services offered by Mile High Networks. You may customize your residential or commercial service(s) based on your needs. Details about the following services can be found on the Mile High Networks website at milehighnetworks.net:
Standard Internet access service – Internet broadband access for residential and commercial customers.
Dedicated Internet Service (“DIA Service”) – Premium Internet broadband access for high-volume commercial, government, or institutional customers. Contact [email protected] for more information.
Mile High Networks Equipment – leased equipment (point-to-point systems). Contact [email protected] for more information.
Customer technical/repair support, including support technicians.
2. EQUIPMENT AND REQUIREMENTS FOR PROVISION OF THE SERVICE. Specific terms governing a DIA Service Customer’s use of their own equipment or Mile High Networks Equipment are set forth in the DIA Proposal. This section applies to Standard Internet Access Service Customers:
a. Customer Equipment. To use the Service, you must have a personal computer or other compatible devices. Although Mile High Networks is under no obligation to do so, it may (and you authorize it to) perform updates or changes to your equipment, on-site or remotely, as Mile High Networks deems necessary in its sole discretion. Direct any questions about third-party hardware or software to the manufacturer. Mile High Networks has no responsibility for the operation, support, maintenance, or repair of any equipment, software, or services you elect to use with the Service. As set forth below and in the Open Internet Policy, you may not connect harmful equipment to Mile High Networks Equipment (as defined below). Failure to comply may cause damage to Mile High Networks' network and subject you to liability for damages or other claims. You agree not to alter, modify, or tamper with Mile High Networks Equipment or the Service, or permit others to do so unless authorized by Mile High Networks.
b. Mile High Networks Equipment. You agree that Mile High Networks Equipment was installed at a location and in a manner you authorized. It remains the property of Mile High Networks and is provided under the terms of this Agreement. Upon termination of the Service by you or Mile High Networks, you must return the Equipment within ten (10) calendar days in accordance with Mile High Networks' then-current return procedures. If you fail to return it, or if it is damaged or inoperable, you will pay an Equipment Non-Return Fee of $500.
c. Customer’s Obligation to Maintain Power to Mile High Networks Equipment. You must provide electrical power and a continuous connection to the power grid for Mile High Networks Equipment at all times (including when not using the Service). Failure to do so may damage the Equipment or your property, for which you are solely responsible.
d. Replacement and Upgrade of Mile High Networks Equipment. (i) Mile High Networks will repair, replace, or upgrade Equipment as it determines necessary in its sole discretion. However, you are solely liable for any damage or issues caused by your misuse, neglect, or failure to comply with Sections 2(a) or 2(c). (ii) Mile High Networks provides a limited one-year warranty against defects in materials or workmanship (per the manufacturer). During this period, if a non-customer-caused issue cannot be resolved remotely or on-site, Mile High Networks will repair or replace the Equipment at its expense as your sole remedy. This warranty excludes defects from acts of nature, misuse, neglect, water damage, or non-compliance with Sections 2(a) or 2(c). After one year, you are solely liable for all damage. (iii) To maintain service quality, Mile High Networks may require upgrades or replacements, and you agree to pay the then-applicable Equipment Upgrade Fee.
e. Prior to any servicing of your equipment or Mile High Networks Equipment, you are responsible for backing up your data, software, or files. Neither Mile High Networks nor its Operational Service Providers (third-party companies providing services on its behalf) shall be liable for any loss, disclosure, alteration, or corruption of data, even if backup services are requested.
3. ACCESS TO CUSTOMER’S PREMISES. You grant Mile High Networks, its Affiliates, and their employees, contractors, representatives, and agents the right to enter your property and premises at any time to operate, maintain, or retrieve Equipment, fulfill obligations, or exercise rights under this Agreement. Reasonable advance notice will be provided for planned access, except in emergencies or exigent circumstances requiring immediate entry.
4. CUSTOMER’S REPRESENTATIONS, RESPONSIBILITIES, AND WARRANTIES.
a. If you are an individual, you represent that you are at least 18 years old and have legal authority to enter this Agreement. If a commercial entity, the signer has authority to bind the entity.
b. The Service is personal to you. You agree not to assign, transfer, resell, or sublicense your rights unless permitted herein. Residential Customers may use the Service and Equipment only for themselves and immediate household members at the same address, without redistribution or unsecured sharing. Commercial Customers may use it only for authorized business personnel at the same address, without redistribution or unsecured sharing. You are responsible and liable for all breaches by anyone using the Service via your Equipment.
c. You will not use the Service to infringe third-party rights, violate laws, engage in harmful/fraudulent/threatening/objectionable conduct, impersonate others, or transmit viruses/malware. Mile High Networks may suspend access upon claims/allegations or suspected breaches. You remain solely responsible for your use and transmitted material, warranting you have all necessary rights.
d. All Customer Information (personal and non-personal, including name, email, addresses, payment data, etc.) you provide is accurate, complete, and current. You will promptly notify Mile High Networks of changes. Failure to maintain accurate information is a breach.
e. You are responsible for all use of the Service/account (with or without permission) and must take reasonable measures to prevent unauthorized use.
f. You must procure and install necessary antivirus, firewall, patches, and updates to protect your equipment, Mile High Networks Equipment, and the network. Mile High Networks disclaims liability for damages from your failure to do so.
g. You represent there are no restrictions on installing Equipment as authorized, and you are responsible for complying with all Legal Requirements (codes, ordinances, HOA rules, permits, fees, etc.) and any resulting fines.
h. You are responsible for backing up your data; Mile High Networks and its providers have no liability for data loss.
i. You agree to comply with Service use terms. Mile High Networks may investigate suspected violations, including gathering information and examining your material (software, data, content, etc.). It may suspend accounts or remove material during investigations and take action (warnings, removal, suspension, termination) for violations, which may also lead to criminal/civil liability.
j. Regarding “Customer Material” (anything you install/upload on servers): (i) Only lawful/public domain or approved content may be used; you assume risks of legality. (ii) Unlawful content (threats, obscenity, child pornography, unauthorized copyrighted material) is prohibited and may lead to liability plus actions in Section 4(i). (iii) Prohibited items include viruses, trojans, or security-compromising tools. (iv) You warrant legal rights to transmit material without violating third-party rights. (v) Upon termination, Mile High Networks may delete all your stored material without notice.
5. THE SERVICE AND PRIVACY.
a. Mile High Networks' Privacy Policy governs collection, use, disclosure, and security of your Personal Information. You acknowledge receipt of the current version. Mile High Networks may update it (with notice per the Policy), and continued use indicates acceptance unless law requires consent.
b. Mile High Networks does not routinely monitor activity but has the right to monitor the Service, transmitted information, or your equipment per this Agreement. It may remove/restrict content as necessary to comply with law or in its discretion.
c. Mile High Networks may require username/password or other verification for account access/changes. Commercial Customers may designate Authorized Users, for whom they remain solely liable.
6. PASSWORDS.
a. Residential accounts are for individual use; commercial for authorized personnel only.
b. Do not share passwords/accounts (residential) or provide them to unauthorized personnel (commercial).
c. Mile High Networks provides/obtains passwords for protection. If compromised, a new one will be issued.
d. Mile High Networks may monitor password security and require changes or assign secure ones. Repeated insecure choices or failure to maintain security may lead to termination.
7. SYSTEM SECURITY.
a. You are solely responsible for securing your devices/data and protecting your User ID, password, and Personal Information. Mile High Networks recommends updated antivirus, anti-spyware, firewalls, and data encryption.
b. You may not use the Service to compromise Mile High Networks systems/resources or use/distribute security-compromising tools (e.g., password crackers, network probes). Attempts to access corporate assets are prohibited.
c. Mile High Networks may release login names of violators to other administrators to resolve incidents and will cooperate with law enforcement per its Privacy Policy and law.
8. ACCEPTABLE USAGE. Acceptable use includes normal Internet activities (accessing the Internet, email, etc.) via Mile High Networks systems and networks.
9. PROHIBITED INTERNET SERVICE ACTIVITIES. Prohibited activities include (but are not limited to):
Background/server-type applications (e.g., IRC bots, spam bots, web servers; FCC-authorized smart home/IoT devices excepted).
Attempts to compromise system/network security (e.g., packet sniffers, password crackers; includes hacking non-Mile High Networks systems).
Sharing accounts to avoid payment for additional service (multiple devices ok at one location via single IP).
Conducting commercial business on residential accounts (contact sales to upgrade).
Email abuse (unsolicited messages violating CAN-SPAM, harassment, forged addresses).
Pyramid/money-making schemes or solicitations.
10. DIGITAL MILLENNIUM COPYRIGHT ACT. Under the DMCA, copyright owners may notify Mile High Networks of infringements. Upon receipt, Mile High Networks will forward notices to you (as permissible) and enforce a graduated response policy, potentially leading to suspension/termination. Service terminates for Customers receiving twelve or more DMCA notices annually. A DMCA Administrative Fee applies for processing each complaint after the second notice.
11. PENALTIES FOR VIOLATIONS OF SERVICE AGREEMENT.
a. Prohibited activities may result in immediate termination and applicable criminal/civil penalties. Penalties vary by offense severity (typically warnings first, but severe violations allow immediate disablement). Disabled abuse accounts will not be reopened. Mile High Networks prioritizes quality service and a non-intrusive Internet presence.
b. No reimbursement for suspended/disabled service due to violations.
c. No obligation to reconnect service disconnected for non-payment.
12. SOFTWARE LICENSES AND THIRD-PARTY SERVICES.
a. Mile High Networks may provide Software (owned by it or third parties) for use with the Service (subject to additional fees). It may update/upgrade Software remotely, and you permit such access/changes. Software use is solely for the Service.
b. Software may include an end-user license agreement (EULA); your use is governed by the EULA and this Agreement.
c. For Software without a EULA, you receive a revocable, non-exclusive, non-transferable license. No copies allowed; Software is confidential/proprietary. You may not reverse-engineer, modify, distribute, etc. No ownership/title granted. Use limited to the United States; export prohibited.
13. CUSTOMER’S PAYMENT OBLIGATIONS FOR STANDARD INTERNET ACCESS SERVICE. (DIA payment terms are in the DIA Proposal.) You agree to pay through the end of the Initial/Renewal Term per current billing policies. Timely payment is required; failure is a violation.
a. Pay the Monthly Service Fee (as set in your initial invoice) in advance before the month billed, on or before the first day of your Monthly Billing Cycle. Full fee due for any partial month.
b. Service may be suspended/terminated for non-payment or violations (no notice required; no liability for resulting damages).
c. Pay a Reinstallation Charge for moving service to a new location.
d. Pay all applicable taxes/fees (federal, state, local), including those imposed after execution.
e. You authorize automatic charges to your debit/credit card (or other methods) per current policies for fees, charges, taxes, and termination-related amounts (e.g., remaining term fees, equipment charges). Mile High Networks may deduct owed amounts from credits/deposits. You may revoke auto-charge authority in writing or by phone and request a copy of payment terms.
14. DISCLAIMER OF WARRANTIES.
a. You use the Service and Equipment at your sole risk. They are provided “as-is” and “as-available,” without warranties (express or implied) except as limited in Sections 2 and 17(e) (if applicable), including no warranties of title, non-infringement, fitness, or merchantability. Mile High Networks and its providers do not warrant uninterrupted/secure/timely use, meeting requirements, error/virus-free service, or uncorrupted/unauthorized-access-free data transmission. No advice creates additional warranties. Some states limit warranty restrictions.
b. Any provided security software offers minimal protection only; Mile High Networks disclaims guarantees of accuracy/efficacy and liability for resulting damages.
c. No guarantee of specific bandwidth, speed, or throughput; availability varies by factors like equipment, terrain, traffic, etc.
d. Future Enhanced Service (minimum standards) requires a new agreement.
e. Mile High Networks uses Network Management Tools (e.g., limiting peer-to-peer sessions, bandwidth for protocols) for efficiency, compliance, and security.
f. Traffic-management (e.g., packet-reset) may slow certain uploads to allocate bandwidth.
g. Additional Equipment may be installed at your premises for redundancy/efficiency; it becomes Mile High Networks Equipment, with separated traffic.
h. Service descriptions/fees on the website may contain errors; Mile High Networks may correct them (including canceling orders) without notice. Notify immediately of inconsistencies.
i. This Agreement grants specific rights; others may vary by state.
15. LIMITATION OF LIABILITY.
a. Any claim/lawsuit must be brought within one (1) year.
b. To the fullest extent allowed by law, Mile High Networks and its providers shall not be liable under any theory for the Service or Agreement. If any limitation is invalid, aggregate liability shall not exceed $100.00 US.
c. No liability for: (i) amounts over $100; (ii) third-party fees/charges; (iii) indirect/incidental/punitive/consequential damages; (iv) data loss/substitute goods costs; (v) damages from failure to back up per Section 2(g); (vi) security breaches; (vii) matters beyond reasonable control; (viii) non-voice system interference; (ix) high-risk/unlawful uses or Agreement violations.
d. Mile High Networks may block traffic for security/spam/law compliance. You agree to actual damages for spam transmission (or $5 liquidated damages per piece if actual damages uncalculable).
e. You are responsible for security measures against risks of unauthorized access/misuse via your account.
f. This Section survives termination/expiration.
16. AGREEMENT TO ARBITRATE.
a. You and Mile High Networks agree to arbitrate all disputes/claims broadly (contract, tort, statute, etc.), including pre/post-Agreement claims. This waives jury trials and class actions. The Federal Arbitration Act governs. This provision survives termination.
b. Initiate by sending certified-mail Arbitration Notice (describing claim/relief). If unresolved in 60 days, proceed to arbitration.
c. Governed by AAA Commercial Rules/Consumer Procedures (as modified), administered by AAA. Hearings in St. Clair County, Illinois (unless agreed otherwise). Arbitrator issues reasoned decision. Initiating party bears costs (including fees).
d. Relief limited to individual claims; no class/representative proceedings or consolidation without consent.
e. You may reject future changes to this provision within 30 days by written notice.
17. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Mile High Networks Indemnitees from losses, expenses, damages, costs (including reasonable attorneys’ fees), and claims related to your Service use, Agreement violations, IP infringement, law violations, negligence, etc. Mile High Networks may assume defense/control; you will cooperate.
18. TERMINATION OF THE SERVICE.
a. If you cancel for any reason, no refund of monthly fees for the cancellation month unless required by state law.
b. Terminate by written notice (mail to address in Section 23(h) or email to [email protected]) at least ten (10) business days in advance. Mile High Networks may verify identity. Full monthly payment due for partial months. Return Equipment or pay Non-Return Fee per Section 2.
c. Service/features subject to ongoing availability; Mile High Networks may cease offering them without notice. It may suspend/terminate without notice for non-payment, threats/harassment, or violations.
d. For suspensions/disconnections, Mile High Networks may charge for the period and reasonable fees (per law).
e. No refunds upon suspension/disconnection/termination; no obligation to return stored data or reconfigure equipment.
f. Sections 3–6, 8–10, 13, and 18–25 survive termination/expiration.
19. GENERAL PROVISIONS.
a. This Agreement (including incorporated documents) is the entire agreement, superseding prior understandings.
b. Affiliates, Operational Service Providers, agents, suppliers, and licensors are intended beneficiaries. No other third-party rights.
c. No agency/partnership/employment created.
d. No liability for failures beyond reasonable control (e.g., line-noise, degradation).
e. Governed by Illinois law (no conflicts provisions). Subject to arbitration, Illinois courts have exclusive jurisdiction; you consent thereto.
f. No waiver from failure to enforce rights. Invalid provisions do not affect others.
g. Mile High Networks may amend this Agreement anytime (notice via website posting, email, or mail). Continued use after notice constitutes acceptance.
h. Notices to you: email, first-class mail to billing address, or website posting (effective upon transmission, 3 business days after mail dispatch, or receipt). To Mile High Networks: first-class mail to Mile High Networks LLC, 8196 E Valley Road, Prescott Valley, AZ 86314 (or published address), effective upon receipt.
i. You may not assign without written consent (purported assignments void). Mile High Networks may assign without notice.
By maintaining a current paid subscription to Mile High Networks Internet Services, you accept these terms and conditions. If you do not agree, cease use and cancel by calling (928) 493-4420.