Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern access to and use of services provided by Resound Networks, LLC (“Resound,” “we,” “us,” or “our”). By accessing, using, or subscribing to any Resound service, you (“Subscriber,” “you,” or “your”) agree to be bound by these Terms, together with any applicable Residential Services Agreement, Business Services Agreement, Acceptable Use Policy, and Privacy Policy, each of which is incorporated by reference.

If you do not agree to these Terms, do not use the Services.

Order of Precedence

In the event of a conflict, the applicable Residential Services Agreement or Business Services Agreement shall control over these Terms.

Contact Information

Except where specified in the applicable Residential Services Agreement or Business Services Agreement, Subscribers may contact Resound Customer Service at:

Resound Networks, LLC

100 North Cuyler, Pampa, Texas 79065
technicalsupport@resoundnetworks.com
or alternatively by calling Resound at: 800-806-1719

2. Definitions

Residential Subscriber – A Subscriber using the Services for personal, family, or household purposes.
Commercial Subscriber – A Subscriber using the Services for business, institutional, or governmental purposes.
Services – Broadband internet access, voice services, and related offerings provided by Resound.
Service Plan – The service package selected by Subscriber, including applicable pricing, term, and features, as defined in the applicable service agreement.
Resound Equipment – Hardware provided, leased, or sold by Resound to facilitate access to the Services.
Acceptable Use Policy (AUP) – Resound’s policy describing prohibited activities and proper use of the Services.

3. Services

Resound provides broadband connectivity and related services, which may be delivered using different technologies and may vary by location. Not all Services are available in all areas.

Service availability, features, and performance may be subject to technical, geographic, and network limitations.

4. Installation and Access

Resound may offer professional installation or self‑installation options. Subscriber agrees to provide reasonable access to premises, power, and suitable locations as necessary for installation, maintenance, repair, or removal of Resound Equipment and Services. Resound will contact One Call to have underground utilities marked prior to engaging in work that involves disturbing the ground surface of Subscriber’s property. Subscriber acknowledges and agrees that Subscriber is solely responsible for marking all surface and subsurface sprinkler lines, and any other property that is not covered by the One Call service. Subscriber agrees to indemnify fully and to save and hold harmless Resound, its agents and employees, from and against any and all liability, suits, actions, claims, costs and expenses (including reasonable attorney's fees) and damages of whatsoever nature arising, now or in the future, out of the placement of Resound Equipment.

5. Service Availability and Performance

Resound endeavors to provide reliable and continuous Services; however, temporary interruptions may occur due to maintenance, upgrades, equipment failure, network congestion, force majeure events, or other factors beyond Resound’s control.

Service speeds and performance are not guaranteed and may vary based on location, equipment, network conditions, interference, and usage patterns.

6. Acceptable Use and Network Management

Subscriber agrees to use the Services in compliance with all applicable laws and regulations. Subscriber also agrees not to engage in activities that:

Interfere with or disrupt the network or other users
Compromise network security or integrity
Involve unlawful, abusive, fraudulent, or harmful conduct
Infringe on intellectual property or proprietary rights
Transmit spam, malware, or other malicious code

Resound may implement reasonable network management practices necessary to maintain service quality, reliability, security, and legal compliance. Violations of the Acceptable Use Policy may result in suspension or termination of Services.

Resale Prohibited

Subscriber may not resell, redistribute, or share the Services outside the authorized service location without Resound’s prior written consent.

7. Equipment

Unless otherwise specified, Resound Equipment remains Resound’s property. Subscriber is responsible for safeguarding Resound Equipment against loss, theft, or damage.

Upon cancellation or termination of Services, all Resound Equipment must be returned within the timeframe specified by Resound. Failure to return, or allow access to Resound to recover Resound Equipment within thirty (30) days of termination of Services may result in charges up to the Equipment’s full replacement value, in addition to any other applicable fees, fines, or charges.

8. Fees and Billing

Subscriber agrees to pay all applicable charges associated with the selected Service Plan, including installation fees, recurring charges, usage‑based fees, taxes, and regulatory surcharges, as set forth in the applicable service agreement.

Services are generally billed in advance unless otherwise specified.

Billing Disputes

Billing disputes must be submitted in writing within thirty (30) days of the invoice date. Failure to timely dispute an invoice constitutes acceptance of the charges.

9. E911 and Emergency Calling (If Applicable)

Where residential voice services are provided, enhanced 911 (“E911”) functionality is supported; however, E911 may be limited by power outages, internet outages, equipment issues, or incorrect address information. Customer is responsible for maintaining accurate service location information and for maintaining an alternative means of contacting emergency services.

10. Privacy and Data Security

Resound’s collection, use, and protection of personal information are governed by the Resound Privacy Policy, which is incorporated by reference.

Resound implements commercially reasonable administrative, technical, and physical safeguards to protect information; however, no system can be guaranteed to be completely secure.

11. Suspension and Termination

By Subscriber

Subscriber may cancel Services in accordance with the applicable service agreement, subject to any stated notice requirements or early termination fees.

By Resound

Resound may suspend or terminate Services for reasons including, but not limited to:

Non‑payment
Violation of these Terms or the Acceptable Use Policy
Fraudulent or unlawful use
Legal or regulatory requirements

Effect of Termination

Upon termination, Subscriber must immediately cease using the Services and return any Resound‑owned Equipment. Any prepaid amounts may be forfeited except where prohibited by law.

12. Disclaimer of Warranties

Except as expressly stated in a written service agreement, the Services are provided “AS IS” and “AS AVAILABLE.” Resound disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non‑infringement, to the maximum extent permitted by law.

13. Limitation of Liability

To the maximum extent permitted by law, Resound shall not be liable for indirect, incidental, consequential, special, or punitive damages arising out of or relating to the Services.

Any liability limitations applicable to Residential or Commercial Subscribers are set forth in the applicable service agreement.

14. Indemnification

Subscriber agrees to indemnify and hold harmless Resound, its officers, employees, and agents from claims, damages, liabilities, and expenses arising out of Subscriber’s use of the Services, violation of these Terms, or violation of applicable law.

15. Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict‑of‑law principles. Dispute resolution procedures, including arbitration requirements, are governed by the following, unless expressly modified in an applicable Residential or Business Services Agreement.

Except as noted below under "Excepted Claims," any and all disputes arising between You and Resound, including its respective parents, subsidiaries, affiliates, officers, directors, employees, agents, predecessors, and successors, shall be resolved by binding arbitration on an individual basis in accordance with this Arbitration Provision.

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND RESOUND EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY RESOUND IN WRITING WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT BY EMAILING US AT corporate@resoundnetworks.com OR BY MAIL TO Resound Networks, LLC, PO Box 1741, Pampa, Tx 79066 ATTN. ARBITRATION. YOUR WRITTEN NOTIFICATION TO RESOUND MUST INCLUDE YOUR NAME, ADDRESS, AND RESOUND ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH RESOUND THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH RESOUND OR THE DELIVERY OF SERVICES TO YOU. OPTING OUT OF THIS ARBITRATION PROVISION HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENTS THAT YOU MAY HAVE WITH RESOUND.

Because the Service(s) provided to You involves interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all disputes under this Arbitration Provision. Any state statutes pertaining to arbitration shall not be applicable. You and Resound agree that applicable state law or federal law shall apply to and govern, as appropriate, the substance of all claims or causes of action, remedies, and damages arising between You and Resound.

The arbitration will be administered by the American Arbitration Association ("AAA"), 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, under the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by this Arbitration Provision. You may obtain copies of those rules from the AAA at www.adr.org or by calling 1-800-778-7879. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve Your dispute. If this situation arises, or if the AAA for any reason cannot serve as the arbitration organization, the parties shall agree on a substitute arbitration organization or ad hoc arbitration, which will enforce this Arbitration Provision as to the dispute. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern.

A single arbitrator will resolve the dispute between You and Resound. Participation in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including subscriber personally identifiable information.

All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Arbitration Provision, or the interpretation of its prohibitions of class, representative, and private attorney general proceedings and non-individualized relief shall be for a court of competent jurisdiction to decide. The Arbitrator is limited and bound by terms of this Arbitration Provision. Although the arbitrator shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law, the arbitrator shall not be bound by rulings in other arbitrations involving different customers. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Unless the parties agree otherwise, any arbitration hearings will take place in Gray County Texas, with telephonic hearing participation allowed. If the amount in dispute is less than $50,000, Resound agrees that You may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by AAA rules.

If the amount in dispute exceeds $75,000 or the claim seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

You agree that if You fail to notify Resound in writing within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, then to the fullest extent permitted by law, You waive the right to pursue, in any forum, including arbitration or court, a claim based upon such event, facts or dispute.

Resound will pay all arbitration filing, administrative, and arbitrator fees for arbitrations that it commences. If You commence an arbitration, You will be responsible for paying a portion of arbitration fees as follows: If You are seeking relief valued at up to $1,000, Your share of such fees shall be capped at $25, and if You commence an arbitration seeking relief valued at between $1,001 and $10,000, Your share of such fees shall be capped at $100. If You commence an arbitration seeking relief valued at greater than $10,000, arbitration filing, administrative, and arbitrator fees shall be allocated in accordance with the AAA rules. If You cannot pay Your share of these fees, You may request a fee waiver from the AAA. In addition, Resound will consider reimbursing Your share of these fees if You indicate You cannot afford them and, if appropriate, will pay directly all such fees upon Your written request prior to the commencement of the arbitration. You are responsible for all additional costs and expenses that You incur in the arbitration, including, but not limited to, attorneys' or expert witness fees and expenses, unless the arbitrator determines that applicable law requires Resound to pay those costs and expenses.

If the arbitrator concludes that Your claim is frivolous or has been brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the AAA rules shall govern the allocation of arbitration fees, and You agree to reimburse Resound for any amounts Resound may have paid on Your behalf. In addition, in such cases, the arbitrator shall have the same discretion that a court would have to require You to pay Resound's attorneys' fees and expenses. If Resound is the claimant, the arbitrator shall have the same discretion to require Resound to pay Your attorneys' fees and expenses if the arbitrator concludes that Resound's claim is frivolous or has been brought for an improper purpose.

YOU AGREE TO ARBITRATE YOUR DISPUTE AND TO DO SO ON AN INDIVIDUAL BASIS; CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ARBITRATIONS AND ACTIONS ARE NOT PERMITTED. You and Resound agree that each party may bring claims against the other only in Your or its individual capacity and may not participate as a class member or serve as a named plaintiff in any purported class, representative, or private attorney general proceeding. This Arbitration Provision does not permit and explicitly prohibits the arbitration of consolidated, class, or representative disputes of any form. In addition, although the arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other Resound account holders, neither You nor Resound may seek, nor may the arbitrator award, non-individualized relief that would affect other account holders. Further, the arbitrator may not consolidate or join more than one person's claims unless all parties affirmatively agree in writing.

If any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, then that claim (and only that claim) must be severed from the arbitration and brought in court. In that instance, or any instance when a claim between You and Resound proceeds to court rather than through arbitration, You and Resound each waive the right to any trial by jury through this Agreement.

If any other portion of this Arbitration Provision is determined to be unenforceable, then the remainder of this Arbitration Provision shall be given full force and effect. The terms of the Arbitration Provision shall survive termination, amendment or expiration of this Agreement.

For purposes of this Agreement, the term "Excepted Claims" shall mean claims by either party relating to a party's intellectual property rights or to the unauthorized use, theft, or piracy of Resound products or services. In addition, either You or Resound may bring claims in small claims court in Your jurisdiction, if that court has jurisdiction over the parties and the action and the claim complies with the prohibitions on class, representative, and private attorney general proceedings and non-individualized relief discussed above. You may also bring issues to the attention of federal, state, and local executive or administrative agencies.

16. Disclaimer

Resound assumes no liability for and exercises no control over the content contained in the Internet, the Services to the extent such content is provided by any third-party, including content that is pornographic, obscene, defamatory or otherwise unlawful, inappropriate or offensive. Further, Resound shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of Services unless such products, merchandise or prizes are provided directly by Resound. Subscriber agrees that Resound is not liable for any action or inaction with respect to any such content accessible through the Internet, the Services or the content otherwise provided by any third-party.

17. Miscellaneous

Assignment. Subscriber may not assign these Terms without Resound’s prior written consent.
Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.
Amendments. Resound may modify these Terms by posting an updated version on its website. Continued use of the Services constitutes acceptance of the revised Terms.
Notices. Notices may be provided via email, postal mail, account notification, or posting on Resound’s website.
Entire Agreement. These Terms, together with the applicable service agreement and incorporated policies, constitute the entire agreement between the parties regarding the Services.

Last Updated: May 12, 2026