Terms of Service
Last Updated: November 7th 2025
Internet and Phone Service Terms of Service Contract
TXP Telecom
Address: 8224 Espresso Dr., Suite #200, Bakersfield, CA 93312
Phone: 661-573-3355
THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING THE ORDER FOR INTERNET AND PHONE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE ACCEPTABLE USE POLICY.
1. Overview
These Terms of Service (“Agreement”) govern the provision and use of TXP Telecom’s internet and phone services (“Services”).
The “Subscriber” refers to the person or entity signing the Order for Internet and Phone Service.
“The Company,” “we,” or “TXP Telecom” refers to TXP Telecom and its affiliates, assigns, and operators.
By activating, accessing, or using the Services, Subscriber accepts this Agreement and the
Acceptable Use Policy (“AUP”).
TXP Telecom exercises no control over the content of the information available through the TXP Telecom Internet or Phone services, and is not responsible for user-generated or third-party materials.
2. Compliance With Laws
The TXP Telecom Internet and Phone services provided to the Subscriber by the Company may only be used in accordance with all applicable laws, statutes, regulations and rules, and in accordance with the
Acceptable Use Policy, which can be found at the bottom of this page, and such terms shall be binding on Subscriber. Transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any National Law of any sovereign nation, or of International Law, the United States Annotated Code, or of any state or local law, statute, regulation or rule is strictly prohibited. This includes, but is not limited to any material, data, matter, software or software code, or intellectual property protected by copyright, trade mark, privacy or other proprietary, personal or property right, trade secret, or any other statute. It is unlawful and a violation of this Contract to communicate, transmit, or promulgate in any matter, means or medium, any threatening, harassing, or obscene material, matter, communication of any sort or to otherwise use the TXP Telecom Internet or Phone services for any illegal or unlawful purpose. The Subscriber or Subscriber’s users, through Subscriber’s proscribed terms of use, grant a worldwide, perpetual, royalty-free license to Company to use all data submitted to the Company’s Internet and Phone service (“Subscriber Content”) to perform the services as provided under this Agreement and the Order for Internet and Phone Service. In addition, Subscriber grants to Company, a worldwide, perpetual, royalty-free license to (i) use and analyze any Subscriber Content internally in furtherance of Company's internal business purposes; (ii) create any products or services based on user information and Subscriber Content to sell to third parties or to promote the business of Company; and (iii) disclose the Subscriber Content and related information created by Company, or for Company, on an aggregated basis for marketing and business development purposes, including targeting advertisements. Subscriber shall agree to indemnify, defend and hold Company harmless from and against any claims by Subscriber or third parties resulting from Company’s use of the Subscriber Content in accordance with the terms of this Agreement.
3. Subscriber Content & License
The Subscriber is solely responsible for the knowledge of any adherence to any and all laws, statutes, rules and regulations pertaining (i) to the Subscriber's use of the TXP Telecom Internet and Phone services, (ii) to the use of any networks connected to the TXP Telecom Internet and Phone services, and (iii) to the communications means by which the Subscriber connects their modem, PC, terminal or other equipment to the TXP Telecom Internet and Phone service. Subscriber is responsible for managing all the activity occurring through use of the Internet and Phone service, including the activity of Subscriber’s users and such user’s content. The Subscriber shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data. The Subscriber shall notify Company immediately in the event it becomes aware of or suspects any unlawful copying or distribution of illegal content through the Internet and Phone service and the Subscriber shall use reasonable efforts to halt such unlawful copying and/or distribution.
4. Subscriber Responsibility
Subscriber is responsible for:
- Maintaining and securing account access;
- Activities of users under Subscriber’s account;
- Use of Services in compliance with this Agreement and all laws;
- Promptly notifying TXP Telecom upon awareness of illegal usage;
- Attempting in good faith to stop such activity.
5. Equipment
Company will provide Subscriber with the equipment notated on the Order for Internet and Phone Service. Such equipment shall at all times remain the property of the Company and upon termination of service shall be returned to the Company in the same condition as existed upon execution of this agreement, reasonable wear and tear excepted. Subscriber shall bear all risk of loss, theft, fire, windstorm, lightning, or other hazard. The Company will maintain and repair such equipment at its sole cost, provided however, that in the event that any such maintenance, repair or replacement is necessitated by the abuse, misuse or neglect of the Subscriber, or any of the hazards identified above, Subscriber shall bear the entire cost of such repair or replacement.
6. Indemnification
The Subscriber agrees to defend, indemnify and hold harmless the Company, its officers, shareholders, agents and employees and its other subscribers from any and all claims, costs, expenses, judgments, causes of actions, attorney’s fees, litigation and court costs resulting from the Subscriber's use of the TXP Telecom Internet and Phone services in any manner, whether directly, indirectly or by any act of commission or omission.
7. Payment, Billing & Default
Payment of the TXP Telecom Internet and Phone service fee is due on the first day of the billing period of the selected service option. A TXP Telecom Internet and Phone services account is in default if payment of the TXP Telecom Internet and Phone services fee is not received within 15 days after payment is due. If the Subscribers payment is returned to the Company unpaid, the Subscriber is immediately in default and subject to a charge of $30 from the Company. Accounts unpaid 30 days after payment is due may have their service interrupted. Such interruption does not relieve the Subscriber from the obligation to pay the TXP Telecom Internet and Phone services fee. Only a written request to terminate the service relieves the Subscriber of the Subscriber's obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 3% per month or the Subscriber's state legal maximum allowable rate. If the Subscriber defaults, the Subscriber is to pay the Company its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. An act of default accelerates payments to be due immediately, as credit is no longer being extended.
8. Attorney Fees
In the event the Company is required to engage the services of an attorney because of a breach by the Subscriber of any of the terms herein contained, the Subscriber agrees to pay all of the Company's reasonable attorneys fees and court costs. Upon breach of this Contract, all of Subscriber's rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Contract, or the breach of any applicable law or statue governing the use of the TXP Telecom Internet and Phone service, all subscriber fees shall be forfeited as liquidated damages to the Company. In the event of litigation, both parties agree that the Law of California shall apply and both parties consent to the jurisdiction of the state courts. Both parties expressly waive a jury trial.
9. Termination
A TXP Telecom Internet and Phone service account can be canceled at any time by either the Company or the Subscriber, upon written notice sent by the Subscriber to the address of the Company listed in this Contract, upon written notice sent to the last mailing address listed with the company by the Subscriber on the Order for Internet and Phone Service. It shall be the responsibility of the Subscriber to keep the Company informed as to a valid mailing address to which notice can be sent. Service terminated during the month is subject to the full monthly charge.
10. Data Deletion & Content Removal
The Subscriber agrees that the Company has the right to delete all data, files or other information that is stored in the Subscriber's account if the Subscriber's account with the Company is terminated, for any reason. In addition, all Subscriber information or Subscriber Content may be moved, removed, and / or deleted for any reason or no reason at all in the sole discretion of the Company.
11. Right to Suspend Service
The Company shall have the right to suspend service to the Subscriber at any time, and for any reason or no reason in the Company’s sole discretion, without notice. If such a suspension is to last for more than 15 days, the Subscriber may be notified as to the reason.
12. Access Permissions
Upon acceptance of the Subscriber's Order for Internet and Phone Service, the Subscriber will be provided with access to the TXP Telecom Internet and Phone services. Permissions for access to the TXP Telecom Internet and Phone service shall remain valid and in force and effect during the pendency of this Contract.
13. Age Requirement
The Subscriber certifies that he or she is at least 18 years of age. While individuals under the age of 18 may utilize the Internet and Phone service, they may do so only with the involvement of a parent or legal guardian. It is assumed that if an individual under the age of 18 is using the Internet or Phone service, that the individual's parent or legal guardian has agreed to the terms of this Agreement.
14. Limited Warranty
WITH RESPECT TO THE EQUIPMENT DESCRIBED IN PARAGRAPH 4 ABOVE, THE COMPANY WARRANTS THAT IT WILL REPAIR OR REPLACE ANY DEFECTIVE EQUIPMENT DURING THE TERM OF THIS AGREEMENT AT ITS SOLE COST AND EXPENSE, PROVIDED THAT NOTICE OF SUCH DEFECT IS GIVEN TO THE COMPANY NOT LATER THAN 24 HOURS AFTER THE OCCURRENCE AND PROVIDED FURTHER THAT SUCH DEFECT DOES NOT ARISE FROM THE ABUSE, MISUSE OR NEGLECT OF THE SUBSCRIBER OR FROM DAMAGE OR LOSS OCCURRING BECAUSE OF THEFT, FIRE, WIND, LIGNTENING, IMPROPER GROUNDING, OR OTHER HAZARD.
15. Disclaimer of Warranties
NO WARRANTY IS MADE BY THE COMPANY REGARDING INFORMATION, SERVICE OR PRODUCT PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTER OF TXP TELECOM INTERNET AND PHONE SERVICE. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OTHER THAN THOSE SPECIFICALLY SET FORTH ABOVE, INCLUDING WITHOUT LIMITATION: (I) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; (II) ANY WARRANTY OF MERCHANTABILITY; AND (III) ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
16. Limitation of Liability
ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, IMPROPER GROUNDING, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH. PROVIDED HOWEVER, IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO SUBSCRIBER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE CONTENT OR INFORMATION PROVIDED OR DISTRIBUTED BY THE COMPANY OR ANY OTHER SUBSCRIBER OR RELATED TO ANY PRODUCTS, SERVICES, OR INFORMATION OFFERED OR SOLD, OR INABILITY TO USE THE INTERNET OR PHONE SERVICE OR OTHERWISE IN CONNECTION WITH THIS CONTRACT, REGARDLESS OF WHETHER COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Agreement Amendments & Changes
This Contract represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written and oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreement between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party. The Company reserves the right to modify these Terms and Conditions by notifying the Subscriber 30 days in advance of the effective date of the modifications.
18. Contract Term, Renewal & Early Termination
The term of this contract shall be for one (1) years if not specified on the Internet and Phone Service Order, If a term is specified on the Internet and Phone Service Order in the “Agreement Term” field, the term on the Internet and Phone Service Order will take precedent, commencing on the date of installation which date is recorded on the Order for Internet and Phone Service. The contract shall automatically renew upon the anniversary date. The contract may be terminated with written notice to TXP Telecom at least thirty (30) days prior to the anniversary date. Termination prior to the end of the of the contract shall result in early termination fee of 1/2 of remaining value on contract in addition to all other outstanding balances due and any assessments for damage to or replacement costs for TXP Telecom owned equipment.
19. Governing Law & Jurisdiction
This Contract is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without reference to its conflicts of laws provisions. Subscriber agrees to submit to the personal and exclusive jurisdiction of the state or federal courts located within or near Kern County, California for any disputes with Company arising out of this Contract.
20. Acceptance of Terms
Use of a TXP Telecom Internet and Phone service account constitutes acceptance of these Terms and Conditions. In addition, the person or entity signing the Order for Internet and Phone Service agrees to the Terms and Conditions of this Internet and Phone Service Contract and the related Acceptable Use Policy.
21. Access Authorization & Indemnification
Subscriber warrants and represents that he/she as owner is authorized, or has been authorized by the owner of the premises if he/she is not the owner, to permit the installation upon the premises occupied by Subscriber of all equipment necessary to provide internet and phone service pursuant to this agreement. Subscriber shall indemnify and hold Company harmless from any claims of loss or damage to the premises by any third party, which claims are related in any way to Company's installation of equipment and provision of internet and phone service.
