Residential Internet Service Terms of Service

1. Introduction

These Residential Internet Service Terms of Service (“Agreement”) govern the provision of Internet access services by Headfirst Communications LLC (“HFC,” “we,” “our,” or “us”) to residential customers (“Customer,” “you,” or “your”).

By ordering, activating, using, or continuing to use HFC services, you agree to be bound by this Agreement, the HFC Acceptable Use Policy, Privacy Policy, Network Management Policy, and any applicable service order.

2. Service Description

HFC provides broadband Internet access service using one or more technologies, including fiber optic connections, fixed wireless connections, licensed or unlicensed radio systems, third-party transport services, satellite connectivity, and other upstream connectivity.

Service availability depends on location, network conditions, technical feasibility, line of sight where applicable, and the availability of suitable infrastructure.

3. Residential Use Only

Residential service is intended for personal, family, and household use.

Residential customers may not:

• Resell the service;
• Provide Internet access to unrelated third parties as a business or public service;
• Operate as an Internet service provider using HFC residential service;
• Use residential service for public Wi-Fi offerings;
• Use residential service for commercial hosting operations that materially impact network performance.

4. Service Speeds

Advertised speeds are provided on a best-effort basis. Actual speeds may vary due to network congestion, signal quality, customer equipment, Wi-Fi conditions, device limitations, upstream provider performance, Internet routing, and other conditions beyond HFC’s control.

HFC does not guarantee that any specific speed will be available at all times. Speed tests performed over Wi-Fi may not reflect the performance of the service delivered to the HFC network demarcation point.

5. Installation and Property Access

Customer authorizes HFC and its contractors to access the property, install equipment, mount equipment as reasonably necessary, and perform maintenance, repairs, upgrades, or removal of equipment related to the service.

Customer represents that they have authority to grant access to the property. Renters, tenants, and customers subject to homeowners association rules may be required to obtain landlord, property owner, association, or other required approval before installation.

Exterior, rooftop, mast, and wall-mounted equipment

Where service requires exterior equipment, rooftop equipment, mast-mounted equipment, antennas, cabling, conduit, grounding, or related hardware, Customer grants HFC permission to install, maintain, replace, and remove such equipment for the duration of the service.

6. Customer Equipment

Customers are responsible for:

• Computers, phones, tablets, televisions, gaming systems, and other customer devices;
• Customer-owned routers, switches, access points, and Wi-Fi systems;
• Internal wiring not owned or installed by HFC;
• Keeping customer devices secure and updated;
• Maintaining electrical power to HFC equipment and customer-owned networking equipment.

HFC may decline to support third-party equipment or configurations that interfere with service delivery, network stability, security, or troubleshooting.

7. HFC Equipment

Equipment provided by HFC remains the property of HFC unless otherwise stated in writing. HFC equipment may include radios, antennas, optical network terminals, power supplies, power injectors, network termination devices, cabling, mounting hardware, and routers provided under lease or managed service.

Customer must:

• Protect HFC equipment from damage, theft, misuse, or tampering;
• Not relocate, modify, open, reconfigure, or remove HFC equipment without HFC approval;
• Notify HFC of equipment damage, power issues, or suspected failure;
• Return HFC equipment after termination when requested.

Unreturned, damaged, altered, or destroyed HFC equipment may result in replacement, repair, collection, or recovery charges.

8. Billing and Payment

Service is billed monthly in advance unless a service order states otherwise. Invoices are due upon receipt unless a different due date is shown on the invoice or service order.

Accepted payment methods may include ACH, credit card, debit card, check, or other approved methods.

Taxes, government fees, regulatory charges, recovery fees, installation charges, equipment charges, activation charges, late fees, reconnection fees, and other applicable charges may apply.

9. Late Payment and Suspension

Accounts not paid by the due date may be subject to late fees, service suspension, or termination. Failure to receive an invoice does not relieve Customer of payment obligations.

HFC may suspend service for non-payment. Service may be restored after outstanding balances and any applicable fees are paid. Suspension does not relieve Customer of payment obligations already incurred.

10. Cancellation and Termination

Cancellation by Customer

Customers may cancel residential service by providing notice to HFC. Customer remains responsible for charges incurred before termination and for returning HFC equipment when requested.

Monthly service fees are generally not prorated unless required by law, stated in the applicable service order, or approved by HFC.

Termination by HFC

HFC may suspend or terminate service for:

• Non-payment;
• Violation of this Agreement;
• Violation of the Acceptable Use Policy;
• Fraud, misrepresentation, or unauthorized use;
• Network abuse or security threats;
• Safety concerns or lack of reasonable property access;
• Technical infeasibility or loss of required upstream, tower, rooftop, building, or transport access.

11. Network Management

HFC may implement reasonable network management practices to maintain service quality, protect network integrity, prevent abuse, respond to security incidents, comply with law, manage congestion, and protect other customers.

Additional information is available in the HFC Network Management Policy.

12. Service Interruptions

Internet service may be interrupted by maintenance, equipment failures, power outages, weather, fiber cuts, radio interference, upstream carrier issues, customer equipment issues, access limitations, or other events beyond HFC’s control.

HFC does not guarantee uninterrupted service. Customers requiring uninterrupted connectivity should maintain backup Internet service, backup power, cellular service, or other alternatives appropriate for their needs.

13. Customer Responsibilities

Customers agree not to:

• Use the service for unlawful purposes;
• Interfere with HFC’s network, equipment, or other customers;
• Circumvent network security, access controls, or usage restrictions;
• Transmit malware, spam, abusive traffic, or attacks;
• Use the service in violation of the HFC Acceptable Use Policy;
• Allow unauthorized users to access the service through unsecured Wi-Fi or other means.

Customer is responsible for all activity occurring through their account, connection, and customer-owned network.

14. Emergency Services and Life Safety

HFC Internet service may not support or may not be suitable as the sole connection for 911 calling, medical monitoring systems, alarm systems, fire systems, security systems, life safety systems, or other critical services.

Customers are responsible for maintaining alternative communications methods and any backup connections needed for emergency or life safety purposes.

15. Limitation of Liability

To the maximum extent permitted by law, HFC shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the use of, or inability to use, the service.

To the maximum extent permitted by law, HFC’s total liability for any claim related to the service shall not exceed the amount paid by Customer for the affected residential service during the thirty (30) days preceding the event giving rise to the claim.

16. Indemnification

Customer agrees to defend, indemnify, and hold harmless HFC, its members, officers, employees, contractors, agents, suppliers, and affiliates from claims, damages, losses, liabilities, costs, and expenses arising from Customer’s use of the service, Customer-owned equipment, violation of law, violation of this Agreement, or violation of the HFC Acceptable Use Policy.

17. Warranty Disclaimer

Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, HFC disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted or error-free operation.

18. Changes to Service or Terms

HFC may modify service offerings, prices, policies, network architecture, service areas, equipment, upstream providers, and these terms. HFC will provide reasonable notice when required by law or when changes materially affect residential customers.

Continued use of the service after changes become effective constitutes acceptance of the updated terms.

19. Governing Law

This Agreement shall be governed by the laws of the State of Minnesota, without regard to conflict-of-law provisions.

20. Entire Agreement

This Agreement, together with the applicable service order, Acceptable Use Policy, Privacy Policy, Network Management Policy, and any other incorporated HFC policies, constitutes the entire agreement between Customer and HFC regarding residential Internet service.