Version 2.1.1 — Effective: August 1, 2026
Version 2.1.1
Effective Date: August 1, 2026
Your order for Internet service, VoIP telephone service, and related services ("Services") is subject to these Terms of Service ("Terms"). These Terms, the documents incorporated by reference below, your signed Residential Service Agreement ("Service Agreement"), and the details you agree to in your online order ("Order") form the entire agreement ("Agreement") between you ("Customer," "you") and Backcountry Broadband LLC ("Backcountry Broadband," "we," "us").
Incorporated documents: Acceptable Use Policy (backcountrybroadband.com/acceptable-use.html) • Network Management Policy (backcountrybroadband.com/network-management.html) • Privacy Policy (backcountrybroadband.com/privacy.html). If these Terms conflict with the Service Agreement, the Service Agreement controls as to fees, term, equipment, installation, and premises access.
1.1 No Resale or Unauthorized Agency. You may not resell access to the Services to others as a stand-alone, integrated, or value-added service under this Agreement (whether acting as an agent, introducer, or in any other capacity), unless authorized by Backcountry Broadband in writing. A violation of this Section may result in Service termination.
1.2 Electronic Signatures and Acceptance. By clicking "I Accept" or signing electronically, you agree that your electronic signature is the legal equivalent of your handwritten signature and has the same force and effect, pursuant to the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and the Colorado Uniform Electronic Transactions Act (C.R.S. § 24-71.3-101 et seq.). Backcountry Broadband records the date, time, account, and document version of each acceptance.
2.1 Authorization. You authorize Backcountry Broadband to charge your approved payment method on file for the charges described in this Section and in your Service Agreement and Order. This authorization covers recurring scheduled charges (such as monthly Service Fees) and unscheduled card-on-file charges you incur (such as one-time equipment purchases or fees under these Terms), in each case at the amounts and times described in this Agreement.
2.2 Monthly Service Fee. Backcountry Broadband will automatically charge your approved payment method for the second and all subsequent monthly Service Fees on the anniversary of the Payment Due Date.
2.3 Purchased Equipment and Upgrades. One-time charges for equipment or services you purchase — such as upgraded routers, wireless access points, or extended in-home wiring — will be charged to your approved payment method at the price disclosed at the time of purchase.
2.4 Unreturned Equipment. Backcountry Broadband equipment provided to you remains Backcountry Broadband property. If it is not returned as required by the Service Agreement, or is returned damaged beyond normal wear, you authorize a charge per device at the amounts stated in your Service Agreement.
2.5 Late Payment Fee. A late payment fee may apply to any bill remaining unpaid five (5) or more business days after its due date. The applicable fee, and any additional fee for bills remaining unpaid longer, are determined by the late-fee schedule published in the Customer Portal, which is based on your account's billing delinquency history; more than one fee may apply to a single bill as it ages, but total late fees on any one bill will not exceed $75. Each account includes one complimentary late-fee waiver, restored after twelve (12) consecutive months of on-time payments; Backcountry Broadband may also reduce or waive a late fee at its discretion. Late fees reflect Backcountry Broadband's administrative costs of collections handling and account servicing.
2.6 AutoPay and ACH. If you enroll in AutoPay, you authorize recurring charges to your selected payment method on your billing date until you cancel enrollment in the Customer Portal, which you may do at any time effective for charges at least three (3) business days after cancellation. For payments drawn by ACH from a bank account, this authorization is your written authorization for preauthorized electronic fund transfers under the Electronic Fund Transfer Act and Regulation E (12 C.F.R. Part 1005); you may stop payment of a preauthorized transfer by notifying us at least three (3) business days before the scheduled date. If a scheduled payment varies in amount from the previous payment, we will notify you of the amount and date at least ten (10) days before the transfer.
2.7 Failed Payments. If a charge is declined or returned, we may retry it up to two (2) additional times over the following ten (10) days and may apply the late fee in Section 2.5 if the bill remains unpaid past its grace period. Suspension, Service throttling, and termination for nonpayment are described in Section 9 and the Service Agreement.
2.8 Past-Due Accounts. If your account is past due, Backcountry Broadband may redirect your web browsing sessions to a payment notification portal until the balance is resolved, and may suspend, throttle, or terminate Service as described in these Terms and your Service Agreement. Redirection is an account-status measure applied to your account, not a content-based network management practice, and is also disclosed in the Network Management Policy.
a) Limited Warranty. Backcountry Broadband Services are subject to the Limited Warranty and outage-credit provisions, if any, applicable to your service tier as set out in Section 9 of your Service Agreement. Credits provided there are your sole and exclusive remedy for service outages on credit-eligible tiers.
b) DISCLAIMERS. EXCEPT AS SET FORTH IN SECTION 3(a), BACKCOUNTRY BROADBAND PROVIDES THE SERVICES "AS IS," WITHOUT ANY EXPRESS WARRANTY, CONDITION, OR REPRESENTATION. BACKCOUNTRY BROADBAND DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS, AND REPRESENTATIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
c) LIMITATIONS OF LIABILITY. BACKCOUNTRY BROADBAND WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, LOST REVENUE, WORK STOPPAGE, LOSS OR CORRUPTION OF DATA, COMPUTER FAILURE, MALFUNCTION, OR ANY LOSSES OR DAMAGES RESULTING FROM THE INSTALLATION, REPAIR, REMOVAL, OR OTHER ASSOCIATED SERVICES. BACKCOUNTRY BROADBAND'S LIABILITY UNDER THESE TERMS FOR ANY INDIVIDUAL CLAIM OR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO BACKCOUNTRY BROADBAND UNDER THESE TERMS OVER THE SIX (6) MONTHS PRECEDING THE CLAIM GIVING RISE TO THE LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, SERVICES, OR BACKCOUNTRY BROADBAND EQUIPMENT, INCLUDING ANY EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER BACKCOUNTRY BROADBAND WAS INFORMED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND REGARDLESS OF WHETHER CLAIMS ARE ASSERTED BASED ON CONTRACT, STATUTE, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL OR EQUITABLE CLAIM OR THEORY, EXCEPT IF AND TO THE EXTENT THAT ANY LIMITATION VIOLATES APPLICABLE MANDATORY LAW THAT THE PARTIES CANNOT DEROGATE FROM BY WAY OF CONTRACT.
d) ASSUMPTION OF RISK. YOU AGREE THAT YOUR USE OF THE SERVICES, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. SERVICES ARE NOT SUITED OR INTENDED AS A MISSION-CRITICAL OR SAFETY-OF-LIFE SERVICE. VOIP 911 LIMITATIONS AND BACKUP-POWER DISCLOSURES ARE SET OUT IN SECTION 10 OF YOUR SERVICE AGREEMENT.
General. Customer agrees to comply with all laws and regulations applicable or related to the performance of obligations under this Agreement.
Privacy. Backcountry Broadband processes personal information as described in its Privacy Policy, as amended from time to time.
Acceptable Use Policy. You agree not to use, or permit others to use, the Services in ways that (a) violate any applicable law or regulation, (b) violate the Backcountry Broadband Acceptable Use Policy or other policies available on the Backcountry Broadband website or Customer Portal, (c) infringe the rights of others, or (d) interfere with the users, Services, or equipment of the Backcountry Broadband network or other networks. You are responsible for complying with the terms of any third-party services (e.g., video streaming or gaming apps) that you use over the Services.
Network Management. Backcountry Broadband manages its network as described in its Network Management Policy, which discloses network management practices, performance characteristics, and commercial terms consistent with FCC transparency requirements (47 C.F.R. § 8.1).
International Trade Laws. You must comply with all applicable export control, economic sanctions, customs/import, anti-money laundering, and anti-corruption laws and regulations. You are only authorized to access Services at the location identified on your Order or otherwise authorized by Backcountry Broadband.
Security Measures. Backcountry Broadband administers and enforces cybersecurity policies and procedures to identify and respond to incidents involving Backcountry Broadband data, mitigate the effects of any such incidents, document their outcomes, and notify appropriate stakeholders (including authorities and affected data subjects, as appropriate).
5.1 Your Conduct. You agree to indemnify, defend, and hold harmless Backcountry Broadband and its officers, directors, employees, agents, suppliers, and affiliates from and against third-party claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, to the extent arising out of: (a) use of the Services or your account, by you or by anyone you permit or fail to prevent from using them, in violation of these Terms, the Acceptable Use Policy, or applicable law; (b) any negligent, reckless, or intentionally wrongful act or omission by you or any user of your account; (c) content or communications transmitted by you or through your account; or (d) your breach of these Terms.
5.2 Exclusion. Your obligations under Section 5.1 do not apply to the extent a claim, liability, damage, cost, or expense arises from Backcountry Broadband's negligence, willful misconduct, or violation of applicable law.
5.3 Independence of Provisions. Each clause of Section 5.1 and this Section 5 is separate and independently enforceable; a determination that any clause is invalid or unenforceable does not affect the enforceability of the remaining clauses.
Transfers and Assignments. You may not assign, sell, or transfer this Agreement, software installed on Backcountry Broadband equipment, or access to Services without Backcountry Broadband's consent. Unauthorized transfers or assignments are null and void. Backcountry Broadband may terminate this Agreement for cause if you attempt to transfer Services or this Agreement. You are liable for any charges or fees incurred by anyone else's use of the Services on your account. Backcountry Broadband may assign its rights and obligations under these Terms, in whole or in part, to any individual or entity, at any time, and Services may be provided by one or more legally authorized Backcountry Broadband affiliates.
Acts of Agency. You must create a Backcountry Broadband account and enter into this Agreement in your own name. You may not use an agent or other representative to purchase the Services or deal with Backcountry Broadband, except where the agent or representative is (a) a household or family member, or personal caregiver, of the account holder; (b) an employee, director, or officer of the account holder; or (c) any other person expressly approved by Backcountry Broadband. You warrant that you have not purchased Services via a commercial third party, are not acquiring Services as part of a bundled offering provided by a commercial third party, and have not made and will not make payment to any commercial third party in connection with the Services, except where expressly authorized by Backcountry Broadband. Backcountry Broadband may seek information from you confirming these affirmations. Failure to follow this Section is a breach that may result in termination.
This Agreement and any disputes between us arising out of or related to it, including disputes regarding arbitrability ("Disputes"), are governed by and construed in accordance with the laws of the State of Colorado, United States.
Please carefully read this Section, which applies to any Disputes between you and Backcountry Broadband.
Under these Terms, you and Backcountry Broadband each waive any and all rights to have a court or jury hear or decide any Disputes. Disputes will be settled by a single arbitrator in binding arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules. To learn more about the rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.
Notice of Dispute. Before initiating arbitration, you must send a written notice to info @ backcountrybroadband.com describing your issue and desired resolution. If your Dispute has not been resolved within sixty (60) days of submitting the notice, you may initiate arbitration.
Right to Opt Out. You may opt out of this Agreement to Arbitrate by sending written notice to info @ backcountrybroadband.com within thirty (30) days of first accepting these Terms, stating your name, service address, and intent to opt out. Opting out will not affect any other provision of these Terms and will not affect any prior agreement to arbitrate.
Small Claims Election. Either you or Backcountry Broadband may elect to have an individual Dispute that qualifies heard in the small claims court for the county of your service address instead of arbitration, consistent with the AAA Consumer Arbitration Rules.
Coordinated Filings. If twenty-five (25) or more demands for arbitration raising similar claims against Backcountry Broadband are filed by or with the assistance or coordination of the same law firm, group of law firms, or organization, you and Backcountry Broadband agree that the demands will be administered under the AAA's Mass Arbitration Supplementary Rules and fee schedule then in effect, and will be resolved in staged batches of no more than ten (10) demands each, with arbitration fees for each batch due only as that batch commences. Batching is a procedure for individual arbitrations and does not authorize any class or representative proceeding.
Arbitration Costs and Fees. If you commence an arbitration pursuant to this Section, Backcountry Broadband will pay the arbitration fees and expenses imposed by the AAA directly, except as the AAA Consumer Arbitration Rules require you to pay the consumer filing fee. If the arbitrator finds your claim is frivolous or brought for an improper purpose, Backcountry Broadband may seek reimbursement of any or all fees and expenses paid to the AAA.
PROHIBITION ON CLASS ARBITRATION. YOU AND BACKCOUNTRY BROADBAND AGREE THAT NO DISPUTE OR CLAIM MAY BE BROUGHT OR MAINTAINED AS PART OF A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR ARBITRATION, REGARDLESS OF WHETHER THE APPLICABLE ARBITRATION RULES WOULD OTHERWISE PERMIT CLASS OR REPRESENTATIVE PROCEEDINGS. YOU AND BACKCOUNTRY BROADBAND MAY ONLY PURSUE A CLAIM AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND MAY NOT PURSUE A CLAIM ON BEHALF OF ANY OTHER PERSON. AN ARBITRATOR MAY ENTER AN AWARD 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.
Severability of Arbitration Terms. If the Prohibition on Class Arbitration above is found unenforceable as to a particular Dispute, then this entire Agreement to Arbitrate is void as to that Dispute, which shall proceed in a court of competent jurisdiction in Colorado; the remainder of these Terms is unaffected. If any other portion of this Section 8 is found unenforceable, it will be severed and the remainder of this Section 8 enforced.
Customer Support. Customer support is available via phone or text at (720) 500-7211, email at support @ backcountrybroadband.com, or the Customer Portal. Support interactions may be recorded for training and quality purposes, and may be handled in whole or in part by automated systems, including artificial intelligence assistants, which will be identified as such.
Severability. If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, that term will be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms remain in full force and effect.
Eligibility. You must be at least 18 years old (or the legal age of majority in your jurisdiction of residence) to enroll in Services.
Records; Changes to these Terms. Keep copies of these Terms and any receipts for your records. Backcountry Broadband may update these Terms as follows: (a) for changes that do not materially and adversely affect your rights or obligations, we will post the updated Terms and notify you, and the update takes effect ten (10) days after notice; (b) for material changes — including changes to fees, the arbitration provision, or the limitation of liability — we will present the updated Terms to you in the Customer Portal or by email for your affirmative acceptance, and the change will not apply to you until you accept it or, if you do not accept within sixty (60) days, until your next renewal with notice that continued Service is conditioned on the updated Terms. The current version is always available on the Customer Portal and version history by request.
Electronic Delivery Policy, Customer Consent, and Notices. You consent to receive all agreements, updates, disclosures, policies, notices, and other information ("Notices") from Backcountry Broadband electronically, as described in your electronic records consent, and Backcountry Broadband may also deliver Notices on paper. Backcountry Broadband may deliver or display Notices by email, text, pop-up window, or by posting a message on the Services or the Customer Portal. You may receive periodic texts, emails, or other communications from Backcountry Broadband regarding your account and changes to these Terms.
No Waiver. No waiver by Backcountry Broadband of any breach of these Terms is a waiver of any preceding or succeeding breach, or of any other right. Backcountry Broadband is not required to give notice to enforce strict adherence to these Terms. A waiver must be provided in writing by an authorized representative of Backcountry Broadband to be effective.