AT&T Fixed Wireless Internet Terms

Last updated: May 1, 2017

Thank you for choosing AT&T. In this Agreement (the "Agreement"), you will find the terms of service ("TOS") that cover your Fixed Wireless Internet Service. "Service" refers to Fixed Wireless Internet Service. "AT&T" or "we," "us," or "our" refers to AT&T Mobility LLC, acting on behalf of its FCC-licensed affiliates doing business as AT&T. "You" or "your" refers to the account holder (person or entity) that is the customer of record.

Your contract with us includes this Agreement (including Schedule 1 hereto, which is incorporated into this Agreement by reference), as well as the following materials:

  • Your Customer Service Summary (excluding the "My Next Bill Estimate" page);
  • AT&T Privacy Policy found at att.com/privacy;
  • AT&T Acceptable Use Policy found at att.com/aup;
  • AT&T Access ID Terms and Conditions; and
  • Any other documents incorporated by reference herein.

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 ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

You must accept this Agreement as a condition of receiving the Service. By accepting this Agreement, you confirm you are an adult of at least 18 years of age. If you are an entity, by accepting this Agreement, you confirm (through your duly authorized representative) that you are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept this Agreement; and you are also confirming that this Agreement constitutes a valid and binding obligation of yours. You are responsible for ensuring that all use of the Service complies with this Agreement, and you will be deemed to have breached this Agreement if you or any other person, whether or not authorized by you, uses the Service in a manner inconsistent with this Agreement. By enrolling in, activating, using, or paying for the Service, you agree to the terms and conditions in this Agreement, including, but not limited to, the prices, charges, and terms and conditions provided to you in marketing and informational materials associated with the Service, all of which are incorporated herein by reference.

You will have an account with AT&T ("AT&T Account") for the Service. Your AT&T Account will include information applicable to the Service including but not limited to billing information and charges related to the Service (whether recurring or one-time). If you have, or later obtain, an AT&T Access ID, you are subject to the AT&T Access ID Terms and Conditions (available at https://www.att.com/accessidterms), which are incorporated herein by reference.

1. AT&T Fixed Wireless Internet

a. Fixed Wireless Internet Service Description.

This Service is a wireless high-speed broadband product that provides access to Internet, and offers you a capability for acquiring or retrieving information from; generating, storing, transforming, processing, or utilizing information on; or making available information to other Internet end points connected directly or indirectly to the AT&T network.

Because the Internet consists of multiple interconnected networks and most Internet end points (for example, Web sites and other content providers) are not directly connected to the AT&T network, AT&T must connect to and exchange traffic with other networks to provide its subscribers the capability of uploading data to or downloading data from Internet end points that are connected to those networks. To that end, AT&T has entered into commercially negotiated agreements to exchange traffic with such networks on mutually agreeable terms. Consistent with its longstanding practice, AT&T does not warrant that it will establish or expand the connections between its network and other networks except on such mutually agreeable terms. To the extent AT&T is unable to reach agreement on terms of interconnection or network expansion with these other networks, it could affect your Service. These impacts on your service performance are described in more detail in the AT&T Open Internet Notice at att.com/broadbandinfo. AT&T therefore makes no promise, express or implied, that you will be able to upload data to or download data from Internet end points connected to other networks at any particular speed.

Customers obtaining broadband services under the Connect America Fund (CAF) program may be randomly subjected to performance testing to comply with FCC CAFII certification requirements. Performance testing will be conducted for a duration of four weeks and should have minimal impact on customer's Internet access experience. This testing will conducted by AT&T and should not require any customer intervention.

b. Speed, Service Capability Speed Ranges, and Conditions that May Impact Service Performance.

AT&T offers many broadband service options, each of which has a different service capability speed range. The term "speed" is commonly used as a shorthand way to describe the capacity at which a particular broadband Internet access service can transmit data. This capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (Kbps, Mbps, or Gbps). Some applications, like downloads of short emails without attachments or basic Web browsing, do not require high service capability speeds to function optimally, while other activities like transferring large data files can be performed faster with higher-speed services. Your Service capability speed may not be suitable for some applications, particularly those involving real-time or near real-time, high-bandwidth uses such as streaming video or video conferencing.

The current speed ranges AT&T offers may be found at att.com/speedtiers, which identifies the downstream and upstream rates at which your line transfers Internet access data between the network interface device at your home, office, or apartment building to the point you connect to the AT&T network. Fixed Wireless Internet access customers should expect to see service capability speeds of 10Mbps or over downstream and 1Mbps upstream. For more information about how AT&T helps transmit your information to points on the Internet, how AT&T manages the network, broadband options such as different service capability and expected and actual speed ranges, device attachment rules, activities which may impair or degrade your Internet experience, and network practices with respect to data usage allowances related to AT&T Broadband Internet access services, please visit att.com/broadbandinfo.

Because service performance varies on an end-to-end basis, the service capability speeds of AT&T are limited to, and measured between, your location and a point on the AT&T network, which constitutes only one segment of the end-to-end transmission path connecting the end user to Internet Web sites or content providers. End-to-end performance of your Service depends on a variety of factors, including (but not limited to): the number of subscribers simultaneously using the network; customer location; destination and traffic on the Internet; Wi-Fi connectivity; interference with the radio access network frequency; the capacity or performance of your devices or modem; the server with which you are communicating; internal network management factors (including Overhead, which refers to the various control and signaling data required to achieve the reliable transmission of Internet access data); and, the networks you and others are using when communicating. In addition, your use of other AT&T services that share the capacity of your broadband connection with the Fixed Wireless Internet Service may impact the amount of capacity available for your use of the Service at that particular time and thus affect the performance of the Service. Consequently, AT&T does not guarantee the performance of your Service on an end-to-end basis.

c. IP Addresses.

AT&T's Fixed Wireless Internet Service is provided with a dynamic IP address or a privately managed IP address utilizing CGN (Carrier Gateway NAT and proxy) technology, at the sole discretion of AT&T. Fixed Wireless Internet Service will support both IPv6 and IPv4 Internet addresses; however, to reach IPv6-exclusive Internet content, some of your equipment may require upgrades or replacement. Static IP addresses are not used or available as part of the Fixed Wireless Internet Service. Services such as Web hosting, or hosted services such as camera, gaming server, etc. that require static IP address are not supported by Fixed Wireless Internet. See Section 7, below, for more information on service limitations.

d. Internet Data Usage.

The Internet data plan you purchased, which contains a monthly data usage allowance with overage charges for usage in excess of your allowance, is set forth in the Customer Service Summary. Use of certain services, including, but not limited to, DIRECTV, AT&T Digital Life, digital Internet-connected home security, home automation and medical alarm systems, connected to your Fixed Wireless Internet Service, will count towards your Internet data usage allowance. For additional information regarding your Fixed Wireless Internet Service, including how much data you use, and management of your data usage, please visit att.com/internet-usage.

e. Wi-Fi Hot Spots.

AT&T Wi-Fi Hot Spots may be available to you as part of the Service, and the AT&T Wi-Fi Hot Spots will provide you with access to the Internet via certain AT&T high-speed Internet access points ("Locations"). Primarily, this access is provided via a Wi-Fi network using an IEEE 802.11 standard. To access the Wi-Fi Hot Spots, you must have a device that is compatible with the specific Wi-Fi equipment deployed at a Location. Access to the Hot Spots is intended for the limited purposes of assisting with access to the public Internet for email and Web browsing or other purposes consistent with the AT&T Wi-Fi Terms of Service, which may be found at att.com/legal/terms.wiFiServices.html, and is incorporated by reference herein. Use of AT&T's Wi-Fi service represents your agreement to those Terms. In order to gain access to the Internet at a Location, you may need your Access ID information. The AT&T Wi-Fi Terms of Service will govern your use of AT&T Wi-Fi Hot Spots.

f. Installation/Service.

You will be responsible for payment of Service charges for visits by AT&T or its subcontractors to your premises when a Service request results from causes not attributable to AT&T or its subcontractors, including, but not limited to, when you are unwilling to complete troubleshooting steps requested by AT&T. You will provide AT&T and its subcontractors with reasonable access to your premises in order to install, maintain, and repair the Service and the Equipment (as defined in Section 6(a) below); and you authorize any other adult resident or guest at your residence to grant access to your premises for these purposes. You understand and agree that AT&T may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces) in order to install, maintain, or repair the Service and the Equipment. If you do not own your premises or your unit is part of a multi-tenant environment (e.g., an apartment building, condominium, or private subdivision), you warrant that you have obtained permission from any necessary party, including, but not limited to, the owner, landlord, or building manager, to allow AT&T and its subcontractors reasonable access to install, maintain, and repair the Service and the Equipment and to make any alterations that AT&T deems appropriate for the work to be performed.

You acknowledge that AT&T may use existing wiring, including altering the wiring and removing accessories, located within your unit ("Inside Wiring"). You warrant that you own or control the Inside Wiring and give AT&T permission to use, alter, and remove equipment from such wiring. Without limiting any other provisions of this Agreement, you agree to indemnify AT&T from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, or repair of the Service or the Equipment, or provision of the Service.

g. Service Requirements.

To qualify for the Service, you must reside in an area where we provide Fixed Wireless Internet service. Fixed Wireless Internet requires an outdoor antenna that is professionally mounted on or near the exterior of your service location. Unless otherwise noted in the terms governing your plan, an eligible Fixed Wireless Internet plan is required.

h. Changing Service Location.

You may not use the Service at any address other than your Service address or move any of the Equipment to another address while you remain an AT&T Fixed Wireless customer. If you are moving to a new residence at which such Service is available, and you wish to continue using the Service, you may request that AT&T install the Service and the Equipment at, and change your Service address to, your new residence, although we may require a contract extension for any such installation and change. If such Service is not available at your new residence or if we cannot perform installation at such residence for any reason, and if you also have a Term Plan, you will be charged any applicable Early Termination Fee as described below. If you change your service location but fail to call us at 800.288.2020 to give us prior notice, your Service will not be cancelled, and your Service charges will continue to apply.

2. Pricing

a. Term Plans, Bundle Discounts.

When you ordered the Service, you agreed to a specific price and plan, which may have included a term for the Service of one or more years ("Term Plan"). Some plans may offer a discount on the Service if you sign up for other AT&T services ("Bundle Discount"). You agree to maintain your Service and any bundled services for the applicable term of the Term Plan and/or the Bundle Discount, as applicable. If you signed up for a Term Plan or a Bundle Discount or a Multi-Product Discount, the price under the applicable plan is valid until one of the following events occurs, at which time the price of your Service may revert to the then-existing price for such Service: (1) the term of your plan expires; (2) you change your current Service address to another Service address; or (3) you drop one of the AT&T services that you were required to purchase in order to receive the special rate.

3. Termination or Cancellation of Service

a. Your Decision to Terminate or Continue Service.

You may cancel your Service; but if you do so before the end of any applicable term, you will be subject to the Early Termination Fee associated with your Service plan, as specified in your Customer Service Summary. At the conclusion of your term, or at all times if you did not agree to a Term Plan, your continued Service will be provided on a month-to-month basis. If you elect to continue Service on a month-to-month basis, you should review the then-current Agreement regularly at www.att.com/fixedwirelessterms. The then-current Agreement will govern your Service. Your election to continue the Service represents your agreement to the then-current Agreement.

b. Service Suspension/Termination by AT&T.

We may immediately interrupt, suspend, limit, or cancel your Service or terminate your Agreement without advance notice in response to a valid court order or for any good cause, including, but not limited to, the following actions by you or any user of your Service:

  • Breaching this Agreement;
  • Reselling your Service either alone or as part of any other good or service;
  • Using your Service for any illegal or fraudulent purpose;
  • Threatening, harassing, or using vulgar and/or inappropriate language toward our representatives, whether committed in person, over the phone, or in writing;
  • Stealing from or lying to us;
  • Failing to make any required payments, including advanced payments or deposits, when due;
  • Exceeding any credit limit we have set for you (or significant deterioration of your credit and/or our reasonable belief that there is a significant risk of non-payment);
  • Relocating to an area where we do not provide Service;
  • Providing false, inaccurate, or misleading credit information;
  • Engaging or attempting to engage in Prohibited Network Uses as defined in Section 8, below; or
  • Engaging or attempting to engage in any other conduct that we reasonably believe violates this Agreement or AT&T's Acceptable Use Policy.

If we cancel your Service for misconduct or violations of this Agreement and you have a Term Plan, we may charge you an Early Termination Fee in addition to any other rights that we reserve in other provisions of this Agreement to interrupt, suspend, modify, or cancel your Service and terminate your Agreement. If we terminate, cancel, or suspend your Service, your license to use any software provided in connection with the Service is also terminated, canceled, or suspended (as applicable). If your Service is terminated, AT&T has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges for the Service through the date of termination. Should you wish to resume Service after any suspension, a Service-restoration fee may apply. This fee is in addition to all past due charges and other fees.

4. Changes to this Agreement and/or the Service

We may change any terms, conditions, rates, fees, expenses, or charges regarding your Service at any time. We also reserve the right to modify or discontinue the Service, temporarily or permanently. We will provide you with notice of material changes via either your Member Account email address or any other email address you provide, posting online at www.att.com/fixedwirelessterms, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, or call to your billed telephone number (if applicable) or can-be-reached telephone number or U.S. mail. It is your responsibility to check for any such notices. Your continued subscription to the Service after the effective date of the change constitutes your acceptance of such changes. You understand and agree that State and Federal Universal Service Fees and other governmentally imposed fees, whether or not assessed directly upon you, may be increased based upon the government's or our calculations. Your continued subscription to the Service after the effective date of any change constitutes your acceptance of the changes and the associated terms and conditions.

IF WE INCREASE THE PRICE OF YOUR SERVICE COVERED BY THIS AGREEMENT, BEYOND THE LIMITS SET FORTH IN YOUR CUSTOMER SERVICE SUMMARY, IF ANY, WE WILL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN ADVANCE (EITHER THROUGH A NOTICE WITH YOUR BILL OR OTHERWISE), AND YOU WILL BE PERMITTED TO TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE, PROVIDED THAT YOUR NOTICE OF TERMINATION IS DELIVERED TO US WITHIN THIRTY (30) DAYS AFTER THE FIRST BILL REFLECTING THE CHANGE.

5. Payment

You agree to pay in full each month: (1) the monthly fee specified when you ordered your Service; (2) activation fees, connection charges, and/or installation charges, if any; (3) late payment fees, Service-restoration fees, and other applicable Service charges; and, (4) any applicable taxes, recovery fees, and surcharges that AT&T pays to municipalities and other governmental entities and may pass on to you. For a detailed list of all the charges you may incur with this Service, please see Schedule 2 (Consumer Fee Schedule) or Schedule 3 (Business Fee Schedule, which are incorporated into this Agreement by reference.

a. Credit Check / Advance Payments & Deposits.

You give us permission to obtain your credit information from consumer credit reporting agencies at any time. If we determine that you may be a credit risk due to: (1) unsatisfactory credit rating; (2) insufficient credit history; (3) fraudulent or abusive use of any AT&T services within the last five years; or, (4) late payments for current or prior bills, we may refuse to provide the Service or we may require an advance payment, a non-refundable payment, and/or a deposit. Interest will not be paid on advance payments or deposits unless required by law. We may require special payment terms such as additional advance payments or deposits if we determine that the initial payment was inadequate. We may establish limits and restrict your Service or features as we deem appropriate. If your account balance goes beyond the credit limit we set for you, we may immediately interrupt or suspend your Service until your balance is brought below the credit limit. Any charges you incur in excess of your credit limit become immediately due. Upon determination, solely by AT&T, of satisfactory payment history or as required by law, AT&T may begin refunding deposits through bill credits, cash payments, or as otherwise determined solely by AT&T.

b. Billing.

Billing will begin when Service is installed and made available to you by AT&T, whether or not you use the Service.

c. Method of Payment.

Your monthly charges will be billed via a monthly AT&T bill. Residential customers will automatically receive an online bill (see below) at the email address you provide us, unless you specifically notify us that you want to receive a paper bill by calling the following number: 855.483.3063.

d. Credit Card Billing.

You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize AT&T to charge and/or place a hold on your credit card with respect to any unpaid charges for your Service or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that this Agreement shall be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that this Agreement shall be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize AT&T and/or any other company who bills products or services, or acts as billing agent for AT&T, to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide AT&T with updated credit card information upon the request of AT&T and any time the information you previously provided is no longer valid. You acknowledge and agree that neither AT&T nor any AT&T affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at the option of AT&T, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer.

e. Online Billing.

You must register online to establish a personal myAT&T Account and provide a billing email address. You will then be able to view and pay your bill online by logging on to your personal myAT&T Account (username and password required). Not applicable for business customers.

You understand that you have sole responsibility for the security of your password related to your account and you are solely responsible for notifying AT&T if your password is lost or stolen. AT&T is not liable for any claims, costs, damages, or expenses arising from a lost, misplaced, or stolen password. If you have forgotten your password or want to change your password for any reason, you may request to reset your password online. It is your responsibility to notify AT&T immediately if your contact information changes.

f. Late Payment & Failure to Pay.

If AT&T does not receive your monthly payment before the next billing date, you shall pay to AT&T a late payment charge and/or an interest charge allowed by applicable law, on all charges due and unpaid. Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any AT&T rights to collect the full amount due. Notice of any disputes must be in writing and received by us within 60 days after you received your bill, or you will waive any objection. AT&T may suspend or terminate your Service if your monthly payment is past due. If AT&T suspends your Service for non-payment, you must pay all past due amounts in order to have your Service restored, and you may also, at the sole discretion of AT&T, be required to pay a Service-restoral fee.

g. Returned Checks and other Instruments.

If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you a fee (depending on applicable law) for any check or other instrument (including credit card charge backs) returned unpaid for any reason.

h. Bill Inquiries and Refunds.

If you believe you have been billed in error for your Service or any Equipment, please notify us within 60 days of the billing date by contacting Customer Service at 800.288.2020. AT&T will not issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation. Any amounts refunded in the form of bill credits, cash payments, or any other form shall be inclusive of all applicable taxes, fees, and surcharges that were originally paid on such amounts. Credit amounts, such as customer loyalty rewards, that do not represent a refund of, or a discount to, the price paid for any good or service will not result in the refund of any tax, fee, or surcharge previously paid by you.

i. Refunds.

Any amounts refunded in the form of bill credits, cash payments, or any other form shall be inclusive of all applicable taxes that were originally paid on such amounts.

j. Consent to Contact.

You expressly authorize, and specifically consent to allowing, AT&T and/or its outside collection agencies, outside counsel, or any other agents acting by or on behalf of AT&T to contact you with informational messages regarding your account, including but not limited to contact in connection with any and all matters relating to unpaid past due charges billed by AT&T to you. You agree that such contact may be made to any mailing address, telephone number, cellular phone number, e-mail address, or any other electronic address that you have provided, or may in the future provide, to AT&T and to any and all telephone numbers billed on your account. You expressly consent and agree that such contact may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, text messages delivered by an automated system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system. You agree to provide true, accurate, current and complete contact information to AT&T and its authorized agents and to promptly update your contact information to keep it true, accurate and complete.

6. Equipment

a. Service-Related Equipment.

Equipment (as defined below) provided by AT&T may be new or fully inspected and tested. Any equipment that was not provided to you by AT&T, including batteries, is not the responsibility of AT&T; and AT&T will not provide support, or be responsible for ongoing maintenance of such equipment. Depending on your Service address, your Service will include some or all of the following Equipment:

  1. Outdoor Antenna. The Outdoor Antenna provides an interface to AT&T's network. The Outdoor Antenna and the APS (described below) require electrical power from your service location to operate, which you are responsible for providing. AT&T will install your Outdoor Antenna. Once the Outdoor Antenna has been installed by AT&T, you may not move the Outdoor Antenna to a different location or reposition at your address or any other address while you continue to receive the Service.
  2. Antenna Power Supply ("APS"). The APS provides power supply and data connectivity for the Outdoor Antenna; your unit has integrated lightning surge protection and two LED Indicators: Power and Outdoor Antenna connectivity. AT&T will install your APS. Once the APS has been installed by AT&T, you may not move the APS to a different location or reposition at your address or any other address while you continue to receive the Service.
  3. Wi-Fi Gateway ("WG"). The WG is installed inside your premises and is required for the Service to function. A WG allows multiple devices to connect and communicate to the Internet wirelessly. Smartphones, tablets and laptops are common devices that access the Internet through a WG. A WG resides indoors and has a power cord that plugs into a common electrical outlet. A battery backup is recommended in case of a power outage. Some WG's have an external battery backup while others have an internal battery backup. AT&T will install the WG. Once the WG has been installed by AT&T, you may not move the WG to a different location or reposition at your address or any other address.
  4. Equipment. The Wi-Fi Gateway, Outdoor Antenna, and Antenna Power Supply are hereby collectively referred to as "Equipment". Equipment requires electrical power from your premises to operate, which you are responsible for providing.

You agree that, while you continue to receive the Service, neither you nor a third party will move the Equipment within your premises or to any other physical location outside of the premises where it was installed by AT&T. AT&T Fixed Wireless Internet Service is not designed to be nomadic and may not function properly if the Equipment is moved or altered by a non-AT&T employee. If you require the Equipment to be moved while you continue to receive the Service, you must contact AT&T. Failure to do so may result in a failure of the Service and/or in AT&T's termination of your Service.

b. Battery Backup for WG and APS.

It is your responsibility to provide for your own battery backup. You may choose to purchase battery backup for your Wi-Fi Gateway and your Antenna Power Supply from third party manufacturers or retailers. For more information and minimum specifications visit att.com/batterybackup; also see Schedule 1, Section IV, for more information on Power Outages and No Battery Backup.

AT&T will not provide support for, or be responsible for, ongoing maintenance or management of, customer-owned equipment, including the battery backup equipment used by AT&T customers. For more information and minimum specifications visit att.com/batterybackup or contact Customer Service at 800.288.2020.

c. Management of Equipment.

AT&T reserves the right to manage the Equipment once it has been installed by AT&T, for as long as you continue to receive the Service, and retains exclusive rights to data generated by the Equipment. Neither you nor a third party may change, interfere with, or block access to the Equipment data or settings while you continue to receive the Service. AT&T will repair or replace damaged Equipment as AT&T deems necessary and may charge you a fee for repair or replacement of the Equipment. You understand that repair or replacement of the Equipment may delete stored content, reset personal settings, or otherwise alter the Equipment. If the Equipment was damaged due to your intentional acts, negligence, or use inconsistent with this Agreement, as determined by AT&T, you will be responsible for the price of repair or replacement. Any tampering with the Equipment, including, for example, opening and attempting to modify the Equipment, or attempting to connect the Equipment to other hardware, will be treated as damage due to your intentional acts or negligence. You agree that you will use the Equipment only for its intended residential use, and not for any other purpose (such as on another AT&T network, or on another provider's (non-AT&T) network). You agree to use appropriate and reasonable care in using any and all Equipment. Tampering with the Equipment, or attempting to connect the Equipment to other hardware, will be treated as damage due to your intentional acts or negligence.

You agree to notify AT&T immediately, in writing or by calling the AT&T Customer CARE at 800.288.2020 if the Equipment is stolen or if you become aware at any time that Service are being stolen or fraudulently used. When you call or write, you must provide a detailed description of the circumstances of the theft, including documentation of theft or fraudulent use of the Equipment or Service (such as a copy of a police report). You will be responsible for all charges incurred until you report the theft or fraudulent use. You will also be responsible for stolen Equipment not owned by you; however, AT&T may in its sole discretion waive or reduce charges upon submission of documentation of theft or other circumstances. Failure to provide notice to AT&T of theft in a timely manner may result in the termination of your Service and additional charges to you. Unless notified otherwise by AT&T, after you report the theft or fraudulent use of the Service, you will remain responsible for paying your monthly fees for Service not stolen or fraudulently used.

d. Ownership and Return of Wi-Fi Gateway.

AT&T is the owner of the Wi-Fi Gateway. Upon termination of your Service for any reason, AT&T shall remain the owner of the Wi-Fi Gateway, and you must return the Wi-Fi Gateway, undamaged, within 21 calendar days to AT&T. If the Wi-Fi Gateway is not returned within 21 calendar days, or is returned damaged, you will be charged for the replacement value of the Wi-Fi Gateway. We may retain any advance payment or deposit, or portion thereof that previously had not been refunded, if you fail to return the Wi-Fi Gateway within this time period. If the Wi-Fi Gateway is returned within 90 days of termination, any fees charged for the Wi-Fi Gateway will be refunded (other than fees for damage). No refunds will be made for a Wi-Fi Gateway returned more than 90 days after termination. This provision applies to replacement or upgrade of your existing Wi-Fi Gateway for any reason, in addition to termination of your Service.

e. Ownership of Outdoor Antenna and APS.

You are the owner of, and do not need to return to AT&T, the Outdoor Antenna and APS. Upon termination of your Service for any reason, you will be responsible for any and all future service, care, maintenance and removal of the Outdoor Antenna and APS. Service, care, maintenance and removal of the Outdoor Antenna and APS should be performed only by an experienced professional; you should not attempt to perform such activities yourself. AT&T shall have no ongoing duty, obligation, or responsibility to perform any service, care, or maintenance on the Outdoor Antenna and/or APS or to uninstall or remove the Outdoor Antenna and/or APS after termination of the Service. AT&T shall have no liability to you or any other person or entity related to or arising out of the Outdoor Antenna and/or APS. You agree to indemnify and hold AT&T and its subsidiaries, affiliates, officers, agents, licensors, employees, sub-contractors, and partners harmless from any claim or demand, made after termination of Service, arising out of or related to the Outdoor Antenna and/or APS, including, but not limited to, claims for personal injury, property damage, wear and tear, or equipment degradation.

7. Service Availability and Limitations

Service will not be available in all areas at all times. Subject to the additional provisions and limitations included in the Schedule 1, please be aware that many things can affect the availability and quality of your Service, including, but not limited to, network capacity, terrain, buildings, foliage, and weather. The Service is delivered via cell sites in AT&T's wireless network. Each cell site can support only a limited number of subscribers. The Service is not compatible with analog services, including, but not limited to, wireless messaging services, alarm and security systems, fax machines, medical alert and monitoring services, credit card machines, IP/PBX Phone systems, or dial-up Internet. Service may not be compatible with DVR/Satellite systems; check with your provider. Public IP addresses are not used or available through the Service. Services like Web hosting, or hosted services, such as cameras, gaming systems, peer-to-peer file sharing, etc., that require a public IP address are not supported.

Service may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, network management, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers.

The Service is also subject to the following service limitations:

  • Proximity of antennas;
  • Cell tower outage or site outage;
  • Maintenance work at a cell tower;
  • Use of capacity due to high number of users simultaneously using data intensive applications;
  • Damage to the Outdoor Antenna or cables;
  • Rotation of Outdoor Antenna from the optimum bearing;
  • Device location outside the range of Wi-Fi Gateway;
  • Blockage of the signal between premise antenna and the cell tower (caused by artificial objects – building, barn, etc.);
  • Improper installation or tampering with Outdoor Antenna; and
  • Power outage.

8. Prohibited Network Uses

Our wireless network is a shared resource, which we manage for the benefit of all of our customers. To ensure the activities of some users do not impair the ability of our customers to have access to reliable services provided at reasonable costs, certain activities and uses are prohibited (Prohibited Network Uses). We may take any and all reasonable actions necessary to restrict Prohibited Network Uses. AT&T Services may not be used in a manner that:

  • Hinders other customers' access to the wireless network;
  • Involves the installation or similar mechanism to originate, amplify, enhance, retransmit or generate a radio frequency signal without our permission;
  • Negatively affects our network or compromises network security or capacity;
  • Excessively and disproportionately contributes to network congestion;
  • Adversely impacts network service levels or legitimate data flows;
  • Degrades network performance; or
  • Causes harm to the network or other customers.

9. Restrictions on Use

Your use of the Service is subject to the AT&T Acceptable Use Policy ("AUP") which may be viewed at att.com/legal/terms.aup.html and is hereby incorporated into this Agreement as though fully set forth herein. In accordance with the AUP, AT&T reserves the right to deny, disconnect, modify, and/or terminate, without notice, the Services provided by AT&T to any customer whose use of the Service violates the AUP. Examples of violations of the AUP include, but are not limited to: (i) unlawful activities, (ii) violation of intellectual property rights, (iii) publication or dissemination of threatening material, (iv) inappropriate interaction with minors, (v) Spam/Email/Usenet abuse, (vi) uses which are harmful to or interfere with the use of the AT&T network or its systems, or the network of any other provider, (vii) uses which interfere with the use or enjoyment of the Services received by others, and, (viii) uses that constitute a security risk or a violation of privacy. In addition, AT&T reserves the right to terminate or suspend the Service for any of the reasons set forth in the AUP, including when AT&T reasonably determines that your use of the Service may expose AT&T to sanctions, prosecution, civil action or any other liability. See the AUP for a more detailed discussion of the policy.

a. No Resale.

The Service is provided for your use only (unless otherwise specifically stated) and you agree not to, whether for a fee or without charge, reproduce, duplicate, copy, sell, transfer, trade, resell, re-provision, redistribute, or rent the Service, any portion of the Service, use of the Service, or access to the Service, including, but not limited to, reselling capabilities enabled or used by a specific application (including, but not limited to, VoIP via wired, wireless, or other means). For example, you agree that the Service is not to be used to trunk or facilitate public Internet access (i.e., for hotspots) or any other public use, or for any high-volume purpose.

b. Copyright Infringement & Digital Millennium Copyright Act.

You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity), or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through the Service(s). AT&T assumes no responsibility, and you assume all risks, regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.

AT&T respects the intellectual property rights of others. AT&T has adopted and maintains a policy that provides for the termination in appropriate circumstances of the account(s) of customers who are repeat copyright infringers. In addition, AT&T may voluntarily participate, on terms acceptable to AT&T, in copyright alert and graduated response programs.

AT&T will process valid notifications of claimed infringement under the Digital Millennium Copyright Act ("DMCA", found at 17 U.S.C. § 512). For further information regarding such notifications, see https://www.att.com/legal/terms.dmca.html AT&T's designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:

Manager of Security & Copyright Infringement
1800 Perimeter Park Drive, Suite 100
Morrisville, NC 27560
E-mail: copyright@att.com

c. Use by Children.

We do not knowingly collect personally identifying information from anyone under the age of 13 unless we first obtain permission from the child's parent or legal guardian. Internet services purchased for family use may be used by children without our knowledge. We associate information collected through your Service with you, as the adult customer who subscribes to the Service, and we handle that information in accordance with AT&T's Privacy Policy available at https://att.com/privacy. To the extent there are children who use your Internet Service, we encourage you to spend time online with those children, and to participate in and monitor their online activity.

d. Network Management.

AT&T reserves the right to engage in reasonable network management practices, and to protect its broadband network from harm, compromised capacity, degradation in network performance or service levels, or uses of the Service which may adversely impact access to or the use of the Service by other customers. Reasonable network management practices that AT&T may adopt include, but are not limited to, the following: (i) a cap on data usage; (ii) a modification of a customer's serving facility or service technology; and/or, (iii) a modification of or a limitation on a customer's data throughput speed or data consumption.

A very small percentage of customers use the Service in a way that creates harm to the network, compromised capacity, degradation in network performance or service levels, or which may adversely impact access to or the use of the Service by other customers. In the event that AT&T adopts a network management practice which will apply to your Service, we will provide you with a notice, by Web posting, bill insert, email, letter, and/or other appropriate means, which describes the network management practice, explains how it will work, and explains how it could impact your Service.

10. Data Management & Content

a. Data Management.

You are responsible for management of your information, including, but not limited to, back-up and restoration of data, erasing data from disk space you control, and changing data on or settings for your modem and/or router. AT&T is not responsible for the loss of your data or for the back-up or restoration of your data regardless of whether this data is maintained on our servers or your computer server.

b. Content.

You, and not AT&T, are entirely responsible for all content that you upload, download, post, email, transmit, or otherwise make available via the Service ("Content"). AT&T does not generally prescreen or control Content that is posted by users of the Service and, therefore, does not guarantee the accuracy, integrity, or quality of such Content. We do not endorse any Content or any opinion, recommendation, or advice expressed therein. Mobile data charges may apply for any content forwarded from the Service that is subsequently accessed on a mobile device.

AT&T may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or, (d) protect the rights, property, or personal safety of AT&T, other end users, and the public.

11. Privacy Policies

Your use of the Service and registration data and certain other information about you are subject to the AT&T privacy policy, available at https://att.com/privacy.

12. DISPUTE RESOLUTION WITH AT&T BY BINDING ARBITRATION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 800.288.2020. In the unlikely event that the AT&T customer service department is unable to resolve a complaint you may have to your satisfaction (or if AT&T has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from AT&T to at least the same extent as you would be in court.

In addition, under certain circumstances (as explained below), AT&T will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what AT&T has offered you to settle the dispute.

Arbitration Agreement

  1. AT&T and you agree to arbitrate all disputes and claims between you and AT&T. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
    • Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory
    • Claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising)
    • Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class
    • Claims that may arise after the termination of this Agreement

    References to "AT&T," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Service or Site under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AT&T 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.

  2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office for Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (1) describe the nature and basis of the claim or dispute, and (2) set forth the specific relief sought ("Demand"). If AT&T and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled.

    You may download or copy a form Notice and a form to initiate arbitration from here: att.com/arbitration-forms.

  3. After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200, but is subject to change by the arbitration provider. If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address). The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 800.778.7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at att.com/arbitration-information.) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

    Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

  4. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of the last written settlement offer made by AT&T before an arbitrator was selected, then AT&T will:
    • Pay you the greater of the award or $10,000 ("the alternative payment"), whichever is greater; and
    • Pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").

    If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.

  5. The right to attorneys' fees and expenses discussed in paragraph (d) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Although under some laws AT&T may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.
  6. 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. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AT&T 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. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
  7. Notwithstanding any provision in this Agreement to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) during the period of time that you are receiving Service, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

13. Operational Limits/Force Majeure

Provision of the Service is subject to the availability and the operational limitations of the requisite Equipment and associated facilities. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that AT&T is not liable for such interruptions. You further understand and agree that AT&T has no control over third-party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond the control of AT&T. In addition, AT&T is not liable for any failure of performance due to any cause beyond their reasonable control including acts of God, fire, explosion, vandalism, terrorism, cable cut, major weather disturbance, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, any law, order, regulation, direction, action, or request by any government, civil, or military authority, or suspension of existing service in compliance with state and/or federal law, rules, and regulations, or delays caused by you or your equipment.

14. Customer Service Support

AT&T provides free basic customer care for Service purchased from AT&T and covered under this Agreement. Although AT&T reserves certain rights related to equipment necessary to receive the Service and will repair or replace damaged equipment as AT&T deems necessary (in each case, as described in, and subject to the terms and conditions (including fees and other charges) set forth herein), AT&T does not provide support for devices that access the Service under this Agreement.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. EXCEPT AS PROVIDED HEREIN, AT&T MAKES NO WARRANTY REGARDING ANY SERVICE OR YOUR RECEIVING EQUIPMENT, WHICH IS PROVIDED AS IS. ALL SUCH WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE RECEIVING EQUIPMENT AND ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY NECESSARY REPAIR.
  2. AT&T, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (FOR EXAMPLE, BUT WITHOUT LIMITATION, AT&T DOES NOT WARRANT THAT YOU WILL ALWAYS RECEIVE EMAILS ADDRESSED TO YOU), (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATION, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR THROUGH OR FROM THE SERVICE, AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

16. LIMITATION OF LIABILITY

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES RELATING TO THE RECEIVING EQUIPMENT OR ANY SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER AT&T NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSES (EVEN IF AT&T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE, AND/OR THE RECEIVING EQUIPMENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, AND/OR THE RECEIVING EQUIPMENT; (e) FAILURE TO INSURE THE COMPATIBILITY OF YOUR SYSTEM (INCLUDING THE EQUIPMENT, DEVICES, AND SOFTWARE THAT YOU PROVIDE TO RECEIVE THE SERVICE) WITH THE SERVICE; (f) ANY OTHER MATTER RELATING TO THE SERVICE; AND/OR (g) BATTERY BACKUP.

Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 (REGARDING DAMAGE TO AND THE SAFETY OF THE EQUIPMENT) AND 15 (DISCLAIMER OF WARRANTIES) AND THIS SECTION 16 MAY NOT APPLY TO YOU.

17. Indemnity

You agree to indemnify and hold AT&T and its subsidiaries, affiliates, directors, officers, agents, co-branders, licensors, or other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, or otherwise make available through the Service, your use of the Service or inability to use the Service, your connection to the Service, the provision or alleged failure to provide the Service, your violation of this Agreement, your violation of the AUP, or your violation of any rights of another.

You acknowledge that you are responsible for all use of the Service using your account, including use by Sub Accounts, and that this Agreement, the Acceptable Use Policy, and Privacy Policies, as amended from time to time, apply to any and all usage of your account, including use by Sub Accounts. You agree to abide by these terms and you agree to defend, hold harmless, and indemnify AT&T from and against any and all claims stemming from usage of this account and any Sub Account – whether or not such usage is expressly authorized by you.

This Indemnity provision is in addition to the indemnification provided for by Section 6 (Equipment).

18. General

a. Trademark Information/Proprietary Rights.

AT&T and the AT&T logos and all other AT&T brands, logos, and product and service names ("AT&T marks") are registered trademarks or trademarks of AT&T Intellectual Property. Any use of AT&T Marks is prohibited without permission of AT&T Intellectual Property.

b. Additional Terms.

This Agreement, any other policies or guidelines referenced herein and the terms set forth in any promotional offer for the Service constitute the entire agreement between AT&T and you. This Agreement governs your use of the Service, superseding any prior agreement between you and AT&T with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AT&T, or affiliate services, third- party content, or third-party software. The failure of AT&T to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement. You agree that regardless of any statute of laws to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filled within one (1) year after such claim or cause of action arose or be forever barred. We can assign all or part of AT&T's rights or duties under this Agreement without notifying you. You may not assign this Agreement or the Service without prior written consent. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable. The section titles and paragraph headings in this Agreement are for convenience only and have no legal or contractual effect.

c. Survival.

Obligations and rights in connection with this Agreement, which by their nature would continue beyond the termination, cancelation, or expiration of this Agreement, will survive the termination, cancelation, or expiration of the Agreement, including, but not limited to, those in the following sections: Equipment and Software, Payment, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution by Binding Arbitration, and General.

To report violations of this Agreement or the AT&T Acceptable Use Policy, please go to: att.com/legal/terms.aup.html or email us at abuse@att.net.

SCHEDULE 1 – Consumer Fee Schedule

In addition to any amounts due for your Service and Equipment, the following fees may apply. AT&T reserves the right to change these fees, increase or decrease these fees, or impose additional fees without notice. Additional fees may apply for non-standard installations or for equipment upgrades. Taxes may also apply and vary by location.

Monthly Fees
Fee Consumer Fixed Wireless Internet When You Pay
Equipment Fee N/A Equipment fees are built in to your monthly service fee
State Cost Recovery Fee Texas only (0.525%) Fee/Surcharge imposed by AT&T to recover costs imposed on the company.
Vacation Hold $5 Monthly recurring charge if you put your service on a temporary hold while on vacation (up to 9 months).
Transactional Fees
Fee Consumer Fixed Wireless Internet When You Pay
Bill Reprint Fee Up to $5 per bill If you request a paper bill reprint.
Early Termination Fee $120 (pro-rated by number of months completed) If you terminate your service prior to completing your agreed upon term.
Shipping & Handling Fee N/A If we ship equipment to you.
Installation Fee $99 customer install fee If you have new Internet service installed.
Late Payment Fee $5 If you don't pay your bill by the due date.
Non-Return Equipment Fee $150 If you fail to return your equipment after canceling service.
NSF/Returned Check Fee Up to $30 If you make a payment by check or other method that is declined.
Payment Convenience Fee $5 per bill/payment If you make your payment with the assistance of an Authorized Retail Agent, Customer Service or Collections Representative.
Restoral Fee $35 When you restore your service after it is placed in a minimum service state or suspended for non-payment.
Service Repair Dispatch Fee $99 If we have to dispatch a truck to repair your service because troubleshooting does not rectify the problem.

SCHEDULE 2 – Business Wired Fees

In addition to any amounts due for your Service and Equipment, the following fees may apply. AT&T reserves the right to change these fees, increase or decrease these fees, or impose additional fees without notice. Additional fees may apply for non-standard installations or for equipment upgrades. Taxes may also apply and vary by location.

Monthly Fees
Fee Business Fixed Wireless Internet When You Pay
Equipment Fee N/A Equipment fees are built in to your monthly service fee
State Cost Recovery Fee Texas only (0.525%) Fee/Surcharge imposed by AT&T to recover costs imposed on the company.
Vacation Hold N/A Monthly recurring charge if you put your service on a temporary hold while on vacation (up to 9 months).
Transactional Fees
Fee Business Fixed Wireless Internet When You Pay
Bill Reprint Fee Up to $5 per bill If you request a paper bill reprint.
Early Termination Fee N/A If you terminate your service prior to completing your agreed upon term.
Shipping & Handling Fee N/A If we ship equipment to you.
Installation Fee $99 customer install fee If you have new Internet service installed.
Late Payment Fee $5 If you don't pay your bill by the due date.
Non-Return Equipment Fee $150 If you fail to return your equipment after canceling service.
NSF/Returned Check Fee Up to $30 If you make a payment by check or other method that is declined.
Payment Convenience Fee $5 per bill/payment If you make your payment with the assistance of an Authorized Retail Agent, Customer Service or Collections Representative.
Restoral Fee $35 When you restore your service after it is placed in a minimum service state or suspended for non-payment.
Service Repair Dispatch Fee $99 If we have to dispatch a truck to repair your service because troubleshooting does not rectify the problem.

ATT170670938 (FW 04/17)