Billing and Payment of Services: 

Customer agrees to provide Bloosurf with accurate and complete billing information, including Customer's legal name, DOB and/or the last 4 digits of their SSN, address, telephone number and credit card information.  Customer agrees to report to Bloosurf all changes to this information within thirty (30) days of any change, including any change in the expiration date of Customer's credit card.

Bloosurf will send an invoice monthly to Customer for service, if not on the Automatic Payment Plan or if a balance is due.  Payment is due within (15) days from the invoice date.  If payment is not received by Bloosurf within five (5) days from the date payment is due, the account is considered delinquent and will result in an interruption of service.  A service fee will be charged for reactivation of the account. 

NOTICE:                 An interruption of service will not result in a cancellation of the Service and monthly charges will continue to accrue.  See below for “Cancellation of Service”.

Customer may also incur an additional charge for dishonored checks.  Customer is also responsible for all attorney and collection fees arising from Bloosurf’s efforts to collect any unpaid balance.

The initial payment may include non-recurring installation charges including, but not limited to, equipment deposit, inside wiring and installation, and activation fees.

Bloosurf shall furnish to Customer upon request, a list of its current Rates and Fees which may change at any time without notice (See www.bloosurf.com for the latest rates).

Credit Check:  Where permitted by law, Bloosurf reserves the right to verify credit as a condition of providing its services.  A deposit fee may apply in addition to the Equipment deposit.

Installation Fee:  Customer agrees to pay an installation fee to Bloosurf, and upon such payment, Bloosurf will provide and install at the Customer’s premises a CPE (“Equipment”) to enable the Customer’s access to the wireless broadband internet services.   Installation may be waived during certain promotional periods. Additional fees may apply for custom installations.  If after scheduling an installation with the customer, the customer is not present at the premises, one hour of a Bloosurf approved technician will be charged to the customer (see Hourly Rate).

Repair of Bloosurf Equipment & Service Contract:  Technical Support will assist with problems Customer may have with the internet service. If the problem does not come from Bloosurf, and the customer requests assistance, the Bloosurf technician hourly rate will apply.  A Service Contract may be purchased for a monthly fee.

If a technician is sent to the Customer’s premises for troubleshooting, Customer will be charged the regular hourly rate without a Service Contract, and the full cost for replacement of the Equipment (see Equipment Replacement Cost).  With a Service Contract, the customer will be charged a reduced hourly rate (see Hourly Rate) and the Equipment will be exchanged at no cost if defective.  With or without the Service Contract, if after scheduling a repair with the customer, the customer is not present at the premises, one hour of a Bloosurf approved technicians time will be charged to the customer (see Hourly Rate without the Service Contract).

Bloosurf is not responsible for any environmental modifications that would impact the quality of the service, including but not limited to, foliage, new structures, and antenna relocation.  Bloosurf is not responsible for the maintenance or repair of any equipment not provided by Bloosurf.

Bloosurf makes no warranties with respect to Equipment or a service repair provided or rendered by Bloosurf, and disclaims any and all implied warranties, including warranties of merchantability or fitness for a particular purpose or use. In order to ensure compliance with applicable laws and performance standards, Customer agrees that the Equipment shall not be serviced by anyone other than Bloosurf or its authorized contractors. Customer shall not connect, directly or indirectly, any other electrical, mechanical or other devices to the Equipment without the prior written consent of Bloosurf.

Access to Customer Premises: Customer warrants that Customer is the owner of, a tenant in, or otherwise has express authority to occupy the service address indicated herein. Customer shall indemnify, defend, and hold Bloosurf harmless from any and all claims resulting from a breach of this warranty. Customer shall provide Bloosurf with access to the premises at all reasonable times to inspect, maintain, upgrade, and/or repair the Equipment and, upon the termination of services, to remove the same from the premises. Bloosurf's failure to remove the Equipment shall not be deemed an abandonment thereof, except as provided by law, and shall not relieve Customer of its obligation to return the Equipment upon termination of services.

Special Construction: If Customer requests a change in location of all or part of the services prior to the completion of construction or installation, Customer agrees to pay Bloosurf all reasonable additional costs incurred by Bloosurf to accommodate Customer’s request.

Bloosurf Property:  Bloosurf shall provide the Customer with the Equipment for installation.  Bloosurf shall maintain exclusive ownership of all Equipment delivered to and/or installed within or upon Customer’s residence, unless the customer purchases this equipment from Bloosurf.   Customer shall pay an Equipment Security Deposit to Bloosurf prior to the installation of all Equipment.  The Equipment Security Deposit is refundable if Customer cancels service, pursuant to Bloosurf’s Cancellation clause, and after six months of paid service. 

Customer (or any other person acting on behalf or under supervision of Customer) shall not open, tamper with, service, make any alterations to, or remove any Equipment from its point of initial installation. Any alteration, tampering, removal or the use of Equipment which causes the receipt of services without authorization is unlawful, prohibited, and may subject Customer to criminal and/or civil penalties. Customer must return all Equipment to Bloosurf immediately upon termination of services. Failure to do so will result in an additional charge in accordance with Bloosurf’s then current schedule of charges, which amount shall be due immediately. Customer shall pay such charges regardless of circumstances, in the event that the Equipment is lost (through theft or otherwise), damaged, modified, or destroyed. Bloosurf may utilize any collateral form of payment Customer has provided to recover any and all equipment charges.

 Disruption or Failure of Services: Bloosurf agrees to use reasonable diligence to provide and maintain uninterrupted Services to the Customer, but Bloosurf does not guarantee uninterrupted service and shall not be liable for damage due to variations or cessations in such Services. Bloosurf, in its sole judgment, may at any time interrupt Services to the Customer for the purposes of making repairs, changes or improvements in any part of its system.  Circumstances permitting, Bloosurf will give reasonable notice to Customer of any contemplated suspension of Services. BLOOSURF MAKES NO REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS, IMPLIED, OR STATUTORY, AND BLOOSURF HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Force Majeure: Neither party shall be liable for any delay or failure of performance or Equipment due to causes beyond its control, including, but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, action or request of a Federal, state or local governmental authority or of any civil or military authority; national emergencies; unavailability of rights-of-way or materials; inability to appropriately configure and/or interconnect the Equipment within Customer’s residence; or strikes, lock-outs, work stoppages or other labor difficulties.

Customer Property: Bloosurf assumes no responsibility for the condition or repair of any equipment not provided by Bloosurf. Customer is responsible for the repair and maintenance of the same. Bloosurf is not responsible or liable for any loss or impairment of reception of  Bloosurf's service due in whole or in part to a malfunction or defect in equipment not provided by Bloosurf.

Taxes and Other Charges: Customer shall pay all applicable federal, state and local taxes, including but not limited to, all sales and excise taxes, imposed or levied on or with respect to service, equipment, and installation or placement charges incurred with respect to the same. Customer shall also pay any additional “pass through” or surcharges that Bloosurf is authorized to impose upon Customer’s use of the services.

Assignment or Transfer: This Agreement and the Equipment are not assignable or otherwise transferable by Customer. Customer shall notify Bloosurf of any change of occupancy or ownership of the premises immediately upon such transfer of ownership or tenancy, and shall promptly return the Equipment to Bloosurf upon such occurrence.

Unlawful Use of Services:  Use of the Services by the Customer for any purpose that is unlawful or in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services is prohibited. Without limiting the forgoing, the Customer may not use the Services to commit, aid or abet any violation of: (i) copyright or intellectual property law; or (ii) sections 3-805 (Misuse of electronic mail) or 3-805.1 (Spam deterrence) of Subtitle 8,Title 3 of the Criminal Law title of the Maryland Code.

Unauthorized Access: The Customer may not: (i) attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of Bloosurf or any other party, including any attempt to probe, scan or test the vulnerability of a system or network of Bloosurf or any other party, or any attempt to breach the security or authentication measures of Bloosurf or any other party; or (ii) interfere with Services to any user, host or network.

Acceptable Use Policy: The Customer may not use the Services to: (i) publish or send duplicative, unsolicited e-mail messages (commercial or otherwise), or to collect the responses from unsolicited e-mail; (ii) engage in conduct which violates the legal rights of others, including without limitation harassment, defamation, obscenity, or threatening conduct, which determination Customer agrees shall be made by Bloosurf in its sole discretion; (iii) publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene, indecent or unlawful material or information; (iv) upload files that contain software or other material protected by intellectual property laws, unless the Customer owns or controls the rights thereto or has received all necessary consents; or (v) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. (For Bloosurf 's entire Acceptable Use Policy, please see www.bloosurf.com).

Cancellation of Service: 

The Customer may terminate this Agreement and the services provided hereunder by (1) Providing (30) days written notice to Bloosurf, LLC, at Bloosurf’s attention:  Customer Service, 1731 Broad Street, Pocomoke, MD 21851-1513; and (2) By paying all accounts due in full, and (3) returning all Equipment immediately, in working order, to Bloosurf at the above address.  Bloosurf can remove the Equipment at the Customer’s location for a service fee. The regular hourly rate for a technician applies.  If the equipment is not returned or not in working order, the Equipment replacement fee will applied.  Should Customer not return the Equipment or pay the Customer’s account in full, Customer shall pay all costs, including reasonable attorneys’ fees to Bloosurf in the event that Bloosurf shall find it necessary to enforce collections or to otherwise preserve and protect its rights under this Agreement.

Bloosurf may terminate this Agreement and the services provided hereunder at any time without prior notice (1) if the Customer fails to comply in full with all the terms herein; (2) Customer makes any express or implied threat of violence, or uses derogatory language, towards any employee, representative, agent, or contractor of Bloosurf; or (3) if Bloosurf loses the right or ability to use public rights-of-way necessary to serve Customer.  In the event of termination by Bloosurf, any restoration of service shall be solely at Bloosurf's discretion and on such terms as Bloosurf shall determine are necessary to resume service on a commercially reasonable basis.

Breach of Agreement: If Customer breaches this Agreement or fails to abide by Bloosurf 's rates, rules and regulations, Bloosurf, at its option, may discontinue the services and remove the Equipment. Customer shall pay all costs, including reasonable attorneys’ fees to Bloosurf in the event that Bloosurf shall find it necessary to enforce collections or to otherwise preserve and protect its rights under this Agreement.

Change to Services: Bloosurf reserves the right to change the terms, conditions, and notices under which the Services are offered, including but not limited to the charges associated with the use of the Services.

Entire Agreement: This Agreement, together with the terms and conditions contained herein, and all other Policies posted on Bloosurf 's website, including but not limited to the Acceptable Use Policy, shall constitute the entire agreement between the Customer and Bloosurf. Customer represents and warrants that he/she has the right to enter into this Agreement. No undertaking, representation or warranty made by any agent or representative of Bloosurf in connection with the sale, installation, maintenance or removal of Bloosurf's services shall be binding on Bloosurf except as expressly included herein. Bloosurf may amend this Agreement upon prior notice to Customer. Customer's election to continue receiving the Service thereafter shall be deemed to constitute Customer's acknowledgment and acceptance of such amendment.

Customer Privacy Notice: At Bloosurf , the privacy and security of your account is very important to us. That is why we have taken measures to protect the privacy of your personally identifiable account records and to comply with the federal laws and FCC regulations that govern use and disclosure of customer information. 

Internet Privacy Policies: Bloosurf respects its subscribers’ online privacy, and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, as set forth fully in the Bloosurf Internet Access Agreement, Customer agrees that Bloosurf has the right, but not the obligation, to monitor or disclose the contents of private communication over the Internet, if Bloosurf, in its sole discretion, reasonably believes that such action is necessary: (i) to comply with applicable law or valid legal process; (ii) to protect Bloosurf rights or property; or (iii) in emergencies when a person’s physical safety is at issue. In addition, Bloosurf reserves the right to disclose the identity of a subscriber to third parties in response to a valid legal subpoena and to otherwise cooperate with legitimate law enforcement inquiries and lawful civil proceedings.