Residential Terms & Conditions for Internet Services
Last Modified: November 6, 2023
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN OUR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms” or this “Agreement”) apply to the purchase and sale of internet products services, and related, incidental products and services necessary for the installation and use of the internet products and services (collectively, “Services”) of FastBridge Fiber, LLC, or any affiliated entity that controls, is controlled by, or is under common control with FastBridge Fiber, LLC (referred to collectively, as “us”, “we”, or “our” as the context may require) through https://fastbridgefiber.com/ (the “Site”).
These Terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any Services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all Services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the Services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
The initial term of our provision of Services to you under these Terms commences on the date the Services are deemed accepted by us, and ends on the day that is one (1) month from the date the initial Installation Services (defined below) with respect to such Services is completed, unless it is earlier terminated pursuant to these Terms (the “Initial Term”). Upon expiration of the Initial Term, the term of the Agreement will, without further action of the parties, automatically renew for an additional one (1) month term, on the Terms set forth herein, and at the prices post on this Site, unless either party provides written notice of non-renewal at prior to the end of the then-current term (each a “Renewal Term”, and together with the Initial Term, the “Term”), unless the Renewal Term is earlier terminated pursuant to the terms of the Agreement or applicable law. Additionally, if notice of non-renewal is provided, the Agreement shall terminate on the expiration of the Initial Term or then-current Renewal Term, as applicable, if not earlier terminated in accordance with these Terms. The failure to provide notice of non-renewal, shall, upon the commencement of any Renewal term, be deemed to constitute an order by you to buy the Services pursuant to these Terms. If our Services are terminated for any reason, and subsequently restarted, such period of restarted Services shall be the Initial Term relating to such Services.
4. Prices and Payment Terms; Invoices; Refunds
(A) Subject to applicable law and tariffs, all prices, discounts, and promotions posted on this Site relating to the Services, Equipment or other goods, services, charges, or related items are subject to change upon sixty (60) days prior written notice, to be sent via email to you to your email address on file with us. The price charged for a Service will be the price in effect at the time the order is placed during the Initial Term, or at the time of commencement of any Renewal Term, and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or related charges, if any. All such taxes and charges, if applicable, will be added to your total and will be itemized in your shopping cart and your order confirmation email.
(B) We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(C) We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(D) Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept payment using the Company’s online payment portal via Mastercard or Visa credit card, ACH payment, or other method made available on the Company’s online payment portal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, regardless of the amount quoted on the Site at the time of your order. You authorize us to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method.
(E) You must pay in accordance with our billing practices for all Services you order and/or receive, whether authorized by you or someone else with access to the Services provided pursuant to your account, including, but not limited to, installation/service call charges, monthly service charges, Equipment (as defined below) charges, applicable federal, state, and local taxes and fees (however designated), regulatory recovery fees for municipal, state and federal government fees or assessments imposed on us, permitted fees and cost recovery charges, or any programs in which we participate. The amount due will include any and all fees associated with those Services along with any installation charges and other applicable fees and taxes. YOU WILL BE RESPONSIBLE FOR PAYING ANY GOVERNMENT-IMPOSED FEES AND TAXES THAT BECOME APPLICABLE RETROACTIVELY.
(F) If a payment collection is denied due to insufficient funds or for any other reason, your bank or credit card issuer refuses to pay us amounts you have previously authorized us to charge to your account or if any portion of your bill is not otherwise paid in full by the due date, we may, at our discretion, charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the lesser of 1.5% per month, or the highest rate permitted by law. Any fees, charges, and assessments due to late payment or non-payment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the Service(s) on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment.
(G) If you resume Service(s) after any suspension, we may require you to pay a reconnection fee. If you reinstate any or all Service(s) after disconnection, we may require you to pay an installation fee and/or service activation fee of up to fifty dollars ($50.00). These fees are in addition to all past due charges and other fees. Reconnection of the Service(s) is subject to our credit policies, this Agreement and applicable law.
(H) If we use a collection agency or legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys’ fees. You confirm that such fees are reasonable in light of our costs in collecting past due amounts.
(I) Invoices will be available each month via your Site account. We will send required notices by email to the address you provided to us for your account. You agree to pay recurring monthly service fees in advance of the month in which you will receive the Services. You authorize us to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. You must bring any billing errors to our attention within 30 days of the day you receive the bill or you will waive your right to a refund or credit. WE MAY REQUIRE PAYMENT, ON OR BEFORE INSTALLATION OF THE EQUIPMENT AND SERVICE(S), THE FIRST MONTH’S SERVICE CHARGES, EQUIPMENT CHARGES, ANY DEPOSITS, AND ANY INSTALLATION CHARGES. Your first invoice may include pro-rated charges from the date you first begin receiving Service(s), as well as monthly recurring charges for the next month and charges for non-recurring services you have received. You may be billed for some Service(s) individually after they have been provided to you. If you receive Service(s) under a promotion, after the promotional period ends, regular charges for the Service(s) will apply. We do not waive our rights to collect the full balance owed to us by accepting partial payment. We will apply the partial payment to the outstanding charges in the amounts and proportions that we determine.
5. Installation; Equipment
(A) You will allow us to enter the premises for which Services have been ordered (“Premises”) to install, configure, maintain, upgrade, inspect, remove or replace (one or more of the foregoing, the “Installation Services”) our proprietary hardware and software provided by us and required to enable the Services, including, without limitation, any gateways, routers, cable modems, voice-capable modems, wireless gateway/routers, CableCARDs, converters, digital adapters, fiber optic cabling, and any other equipment (the “Equipment”), including to allow us and our agents the rights to insert cable cards and other hardware in the Equipment, send software, firmware, and/or other programs to the Equipment and install, configure, maintain, inspect and upgrade the Equipment and to make sure our Services are operating and being delivered properly to you and your neighbors. You confirm that you are authorized to grant the rights described in this Section. You also agree that any person present inside your Premises may grant access and authorize us to perform Installation Services in and around your residence, and that such authorization will have the same effect as if you had authorized the Installation Services yourself. You also agree that we may use, and that you have the necessary permissions to approve our use of, existing facilities, including existing wiring in and around your residence, in performing the Installation Services.
(B) In order to deliver certain Services to you, we may require access, right-of-way, conduit, and/or common room space, both within and/or outside the Premises. You shall provide an adequate environmentally controlled space and such electricity as may be required for Installation Services at the Premises. You shall be responsible for securing, and maintaining on an initial and ongoing basis during the Term, such access at the Premises unless we have secured such access prior to this Agreement. In the event that you fail to secure or maintain such access at the Premises, we may cancel or terminate Service at such particular location, without further liability, upon written notice to you. In such event, if we have incurred any costs or expenses in installing or preparing to install the Service that it otherwise would not have incurred, a charge equal to those costs and expenses shall apply to your final invoice for those Premises.
(C) Best efforts will be made to properly install Services with minimal impact to the Premises. After we install our Equipment or wiring on your Premises, you are responsible for any repairs or cosmetic corrections you wish to make. We have an obligation to make such repairs only if we performed our work negligently and your property was damaged as a result.
(D) We can make changes to Equipment through downloads from our network or otherwise. You may not move our Equipment to any location other than the location where you initially received the Service. This is true even if you have moved to a new location and continue to pay us for the Service. You may not remove or alter our logos or other identifying information (for example, serial numbers) on the Equipment.
(E) You agree to use Equipment only for the Service(s) pursuant to this Agreement. We may remove or change the Equipment at our discretion at any time the Service(s) are active or following the termination of your Service(s), which may interrupt your Services. Upon termination of Services, we will provide you with an email information notice containing the items of Equipment that must be returned, the address to which Equipment must be returned, and the manner in which the Equipment must be returned. Following receipt of the email information notice, you must return the Equipment designated in the email information notice to us to the designated address via overnight courier (UPS or FedEx) or other method described in the email information notice in good condition when the Services are terminated and, if you fail to do so, we have your permission to retrieve the Equipment from your Premises at your expense. You are responsible for applicable fees until we receive the Equipment. If we do not receive the Equipment within thirty (30) days of delivery of the email information notice described above, we are entitled to assume that you have lost the Equipment. If we do not receive the Equipment within thirty (30) days of our delivery to you of the email information notice, you agree to pay us as liquidated damages, the sum of $200.00. You authorize us to automatically collect payments of the foregoing fees from your designated payment method.
(F) All Equipment provided by us or installed by or on our behalf remains our property, and we retain title to such Equipment at all times. You agree to keep the Equipment free and clear of all liens and encumbrances of any kind or nature whatsoever, and not alter the Equipment in any manner, including by installation of any modification of the Equipment.
(G) You must return all other equipment in the same condition as when provided, normal wear and use excepted, upon termination of Service. Failure to do so will result in a charge to be determined with reference to our then-current schedule of Equipment charges. You agree to pay such charge(s) whether such equipment is lost (through theft or otherwise) or destroyed. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE EQUIPMENT OR SERVICE(S) AT A LOCATION OTHER THAN THE PREMISES, THE SERVICE(S) MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY. You agree that you will not allow anyone other than us or our agents to service the Equipment. We suggest that the Equipment in your possession be covered by your homeowners, renters, or other insurance.
(H) You are responsible for the security of your computer, hardware, software applications, data and files. We shall have no liability for any damage or loss to your computer, hardware, software applications, data and files. We make no representation or warranty that any software or content installed on your computer(s) or downloaded with the Service does not contain a virus or other harmful feature and it is your sole responsibility to take appropriate precautions to protect any computer or other hardware of yours from damage to its software, files or data as a result of any such virus or other harmful feature. You agree that you are solely responsible for maintaining the security of your computer(s) and data, including without limitation, encryption of data and protection of your personal and other data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE.
6. Ongoing Use of Equipment
(A) We have no responsibility for the operation or support, maintenance, or repair of any of your personal equipment including that may be used in connection with the Services. Whether a gateway/router or other device is owned by you or us, we have the unrestricted right, but not the obligation, to upgrade or change the firmware in these devices remotely or on-site at any time that we determine it necessary or desirable in order to provide Service(s) to you in accordance with our specifications and requirements.
(B) Your personal equipment that does not meet our minimum technical or other specifications constitutes a “Non-Recommended Configuration.” NEITHER US NOR ANY OF OUR AFFILIATES, SERVICE PROVIDERS, OR AGENTS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE(S). YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE YOUR PERSONAL EQUIPMENT TO FAIL TO OPERATE OR CAUSE DAMAGE TO YOUR PERSONAL EQUIPMENT, YOU, YOUR PREMISES, OR OUR EQUIPMENT. NEITHER US NOR ANY OF OUR AFFILIATES, SERVICE PROVIDERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. We reserve the right to deny you customer support for the Service(s) and/or terminate Service(s) if you use a Non-Recommended Configuration.
(C) You agree not to attach or assist any person to attach, any unauthorized device to our network, Equipment, or the Service(s). You also agree that you will not attach anything to any wiring or equipment, whether installed by you or us, which singly or together impairs the integrity of our network or degrades our network’s signal quality or strength or creates signal leakage. You also further agree that we may recover damages from you for tampering with any Equipment or any other part of our network. You agree that it would be difficult, if not impossible, to calculate precisely the lost revenue resulting from your tampering with our Equipment or our network. You therefore agree to pay us as liquidated damages, the sum of $500.00 per device used to replace any altered, damaged, or unreturned Equipment or other equipment owned by us, including any incidental costs.
(D) Your use of the software, firmware, and other programs contained within the Equipment, and of any other software or plug-ins to such software distributed or used in connection with the Services shall comply with the terms of the end user license agreements accompanying such software, firmware or hardware as such agreements may be amended from time to time. When this Agreement terminates, all end user licenses also terminate; you agree to destroy at that time all versions and copies of all software received by you in connection with the Services.
7. Service Speed and Availability; Maintenance Activities
(A) Service speeds identified in our marketing materials and other communications with you reflect service capability speeds “up to” the noted speed and are not a speed guarantee.
(B) You understand that fiber bandwidth is provided on a per line basis. Actual speeds and bandwidth (including those available to each computer or device connected to the network) will vary and depend on a multitude of factors including but not limited to, destination and traffic on the Internet, interference, wiring inside your home, office or apartment, the capacity or performance of your computer or router, the server with which you are communicating, internal network factors, the networks you and others are using when communicating, proximity to wireless devices, maximum processing speed of each device, and the total number of devices using that specific service. (e.g. streaming media or downloading larger files), as well as based on network congestion and the speed of servers you access on the Internet, among other factors.
(C) We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control.
(D) Service is not available in all areas.
(E) Installation options vary and charges may apply.
(F) In order to utilize Service, you must have a computer with sufficient Internet-compatible equipment and software.
8. Internet Acceptable Use Policy
You agree not to use or to allow others to use the Services, for illegal or inappropriate activities, including but not limited to invading another person’s privacy; unlawfully using, possessing, posting, transmitting, or disseminating obscene, profane, or pornographic material; posting, transmitting, distributing, or disseminating content which is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory, or otherwise offensive or objectionable. You agree to comply with FastBridge Fiber’s Acceptable Use Policy (“AUP”), which we may modify at any time. The current AUP is available for review at the following address, subject to change: https://fastbridgefiber.com/legal/acceptable-use/. You are responsible for all activity on the Services provided to you by us, whether such activity is undertaken by you or someone else.
(A) We reserve the right, subject to applicable law, to act immediately and without notice to terminate or suspend the Service(s) and/or to remove from the Service(s) any information transmitted by or to any authorized users. We may take these actions if we: (1) determine that your use of the Service(s) does not conform with the requirements set forth in this Agreement, (2) determine that your use of the Service(s) interferes with our ability to provide the Service(s) to you or others, (3) reasonably believe that your use of the Service(s) may violate any laws, regulations, or written and electronic instructions for use, or (4) reasonably believe that your use of the Service(s) interferes with or endangers the health and/or safety of our personnel or third parties. Our action or inaction under this Section shall not constitute review or approval of your or any other users’ use of the Service(s) or information transmitted by or to you or users.
(B) You agree that upon termination of this Agreement you will do the following: (i) You will immediately cease all use of the Service(s) and all Equipment; (ii) you will pay in full for your use of the Service(s) up to the date that this Agreement has been terminated and the Service(s) are disconnected; and (iii) within ten (10) days of the date on which Service(s) are disconnected, you will, at your expense, return all Equipment in the manner set forth in Section 5(e). Otherwise, you will be charged the amount set forth in the current pricing lists for such Equipment, or the revised amount for which you receive notice; if no amount has been specified for the particular model of Equipment, you will be charged the retail price for a new replacement. You may also be charged incidental costs that we incur in replacing the Equipment. Upon our request during regular business hours at a time agreed upon by you and us, you will permit us and our employees, agents, contractors, and representatives to access your Premises during regular business hours to remove all Equipment and other material provided by us. As an alternative to removal of fiber optic cable, we may, upon notice to you, abandon in place all or part of such fiber optic cable at no expense or liability to you, at which time ownership of such fiber optic cable shall transfer to you.
10. Warranty and Disclaimers
(A) We will not be liable for interruptions in Services caused by failure of your hardware or software, failure of communications services, power outages, or other interruptions not within our complete control, including, but not limited to: acts of God; acts of the public enemy; acts of the United States, a state or other political subdivision; fire, floods or other natural disasters; accidents; wars; labor disputes or shortages; and inability to obtain material, power, equipment or transportation.
(B) OUR LIABILITY REGARDING YOUR USE OF SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES TO US YOU INCUR FOR SERVICES DURING THE AFFECTED PERIOD. THIS MEANS WE ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEY’S FEES.
(C) WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE EQUIPMENT PROVIDED TO YOU OR THE SERVICES AND SPECIFICALLY DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACTUAL SPEED OF THE INTERNET SERVICES. WE FURTHER DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT, AND THE EQUIPMENT AND THE SERVICE(S) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
(D) NEITHER US NOR OUR AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT THE EQUIPMENT OR THE SERVICE(S) WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. NEITHER US NOR OUR AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM.
(E) You agree that we will not be liable or responsible for any third-party claims or damages that arise from your use or another person’s use of the Service. Further, you agree to reimburse us for all costs and expenses related to the defense of any such claims, including attorney’s fees. This provision will continue to apply after this Agreement ends.
(F) You acknowledge that you may incur charges with third-party service providers such as accessing on-line services, calling parties who charge for their telephone-based services, purchasing or subscribing to other offerings via the Internet or interactive options on your Service that are separate and apart from the amounts charged by us. You are solely responsible for all such charges payable to third parties, including all applicable taxes. In addition, you are solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions.
11. Limitation of Liability
(A) EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER US NOR OUR AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TRESPASS, CONVERSION, TORT OR CONTRACT) HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS: (1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (A) YOUR RELIANCE ON OR USE OF OUR EQUIPMENT OR THE SERVICE(S); (B) THE INSTALLATION SERVICES, MAINTENANCE, FAILURE, OR REMOVAL OF THE SERVICE(S) (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE(S), OUR EQUIPMENT, OR YOUR EQUIPMENT, OR ANY OTHER MISTAKES, OMISSIONS, LOSS OF CALL DETAIL, E-MAIL, VOICEMAIL, OR OTHER INFORMATION OR DATA); (C) THE USE OF OUR EQUIPMENT OR YOUR EQUIPMENT TO PROVIDE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM OTHERS ACCESSING YOUR EQUIPMENT, OUR NETWORK, OR THE CONTENTS OF YOUR TRANSMISSIONS MADE THROUGH THE SERVICE(S), OR YOUR USE OF FILE SHARING, PRINT SHARING, OR OTHER CAPABILITIES THAT ALLOW OTHERS TO GAIN ACCESS TO YOUR COMPUTER NETWORK. OR (2) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE EQUIPMENT OR THE SERVICE(S) BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
(B) OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
(C) Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. Certain of the above limitations may not apply if your state does not allow the exclusion or limitation of implied warranties or does not allow the limitation or exclusion of incidental or consequential damages. In those states, the liability of us and our employees, affiliates, suppliers, agents, contractors, distributors, licensors, and business partners is limited to the maximum extent permitted by law.
(D) YOUR EQUIPMENT MAY BE DAMAGED OR SUFFER SERVICE OUTAGES AS A RESULT OF THE INSTALLATION, SELF-INSTALLATION, USE, INSPECTION, MAINTENANCE, UPDATING, REPAIR, AND REMOVAL OF OUR EQUIPMENT, YOUR EQUIPMENT AND/OR THE SERVICE(S). EXCEPT FOR US NOR ANY OF OUR AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO YOUR EQUIPMENT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY US, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WE SHALL PAY AT OUR SOLE DISCRETION FOR THE REPAIR OR REPLACEMENT OF YOUR DAMAGED EQUIPMENT UP TO A MAXIMUM OF $500. THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY. YOU UNDERSTAND THAT YOUR COMPUTER OR OTHER DEVICES MAY NEED TO BE OPENED, UPDATED, ACCESSED OR USED EITHER BY YOU OR BY US OR OUR AGENTS, IN CONNECTION WITH THE INSTALLATION, UPDATING OR REPAIR OF OUR INTERNET SERVICE(S). THE OPENING, ACCESSING OR USE OF YOUR COMPUTER, OTHER DEVICES USED IN CONNECTION WITH OUR INTERNET SERVICE(S) MAY VOID WARRANTIES PROVIDED BY THE COMPUTER OR OTHER DEVICE MANUFACTURER OR OTHER PARTIES RELATING TO THE COMPUTER’S OR DEVICE’S HARDWARE OR SOFTWARE. NEITHER US NOR ANY OF OUR AFFILIATES, SERVICE PROVIDERS, OR AGENTS, SHALL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES.
(E) BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST US FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE EQUIPMENT OR THE SERVICE(S) AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE SERVICE(S).
(F) We may, but are not required to, terminate all or any portion of the Installation Services or operation of the Service(s) if a virus or other harmful feature or software is found to be present on your equipment. We are not required to provide you with any assistance in the removal of viruses. If we decide, in our sole discretion, to install or run virus check software on your equipment, we make no representation or warranty that the virus check software will detect or correct any or all viruses. You acknowledge that you may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature detected on your equipment. NEITHER US NOR OUR AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS, OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT. In addition, as part of the Installation Services, system files on your equipment may be modified. We do not represent, warrant, or covenant that these modifications will not disrupt the normal operations of any of your equipment including without limitation your computer(s), or cause the loss of files. We do not represent, warrant, or covenant that the installation of the special software or applications or access to our Web portal(s) will not cause the loss of files or disrupt the normal operations of any of your equipment, including, but not limited to, your computer(s). FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE MECHANISM PRIOR TO SUCH ACTIVITIES. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP FILES. NEITHER US NOR OUR AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS, OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA.
(G) The limitations of liability set forth above shall only apply to the extent permitted by applicable law.
(H) You acknowledge that there is some content and material on the Internet or otherwise available through our Services that may be offensive to some individuals, may be unsuitable for children, may violate federal, state, or local laws, rules or regulations, or may violate your protected rights or those of others. We assume no responsibility for this content or material. Anyone who accesses such content and material does so at his or her own risk. NEITHER US NOR OUR AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS, OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO ACCESS TO SUCH CONTENT OR MATERIAL BY YOU OR OTHERS. You acknowledge that software programs are commercially available that claim to be able to restrict access to sexually explicit or other objectionable material on the Internet. We make no representation or warranty regarding the effectiveness of such programs.
(I) The public Internet is used by numerous persons or entities including, without limitation, other subscribers to our Services. As is the case with all shared networks like the public Internet, there is a risk that you could be subject to “eavesdropping.” This means that other persons or entities may be able to access and/or monitor your use of certain of the Services. If you post, store, transmit, or disseminate any sensitive or confidential information, you do so at your sole risk. NEITHER US NOR OUR AFFILIATES, SERVICE PROVIDERS, OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO SUCH ACTIONS BY YOU. You acknowledge that software programs are commercially available that claim to be capable of encryption or anonymization. We make no representation or warranty regarding the effectiveness of these programs.
(J) You acknowledge that when using our Services there are certain applications such as FTP (File Transfer Protocol) or HTTP (Hyper Text Transfer Protocol) that may be used by other persons or entities to gain access to your equipment. You are solely responsible for the security of your equipment or any other equipment you choose to use in connection with the Service(s), including without limitation any data stored on such equipment. NEITHER US NOR OUR AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM, ARISING OUT OF, OR OTHERWISE RELATING TO THE USE OF SUCH APPLICATIONS BY YOU, OR THE ACCESS BY OTHERS TO YOUR EQUIPMENT OR OTHER EQUIPMENT OF YOURS.
12. Use of Services; Services Not for Resale or Commercial Use
(A) You will not use the Equipment at any time at an address other than the Premises without our prior written authorization. You agree and represent that you will not resell or permit another to resell the Service(s) in whole or in part. You will not use or permit another to use the Equipment or the Service(s), directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any policy posted by us applicable to the Service(s). Use of the Equipment or Service(s) for transmission, communications, or storage of any information, data, or material in violation of any U.S. federal, state, or local regulation or law is prohibited. You acknowledge that you are accepting this Agreement on behalf of all persons who use the Equipment and/or Service(s) at the Premises and that you shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and any applicable policy posted by us. You further acknowledge and agree that you shall be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the Service(s). You agree to indemnify, defend and hold harmless us and our affiliates, suppliers, and agents against all claims and expenses (including reasonable attorneys’ fees) arising out of the use of the Service(s), the Equipment, and/or your equipment or the breach of this Agreement or any of our applicable policies by you or any other user of the Service(s) at the Premises.
(B) You represent and warrant that you are buying Services from the Site for your own personal or household use only, and not for resale or export. The Service is intended for personal use and others with whom you share your residence (including, within reason, guests who are visiting you). Unless we agree in a separate agreement with you to the contrary, you may not resell, re-provision or rent the Service, (either for a fee or without charge) or allow third parties to use the Service via wired, wireless, or other means. Notwithstanding the foregoing, you may connect multiple computers/devices within a single home to your modem and/or router to access the Service, but only through a single IP address issued by us. You also may not use the Service to host any type of server. Violation of this Section may result in suspension or termination of your Service.
YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US AND OUR EMPLOYEES, AFFILIATES, SERVICE PROVIDERS, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND BUSINESS PARTNERS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS, AND CAUSES OF ACTION ARISING OUT OF (A) YOUR USE OF THE SERVICE(S) OR EQUIPMENT; (B) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE(S) OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; (C) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT.
15. Intellectual Property Rights
(A) You acknowledge that use of our Services does not give you any ownership or other rights in any Internet/on-line addresses provided to you, including, but not limited to, Internet Protocol (“IP”) addresses, e-mail addresses, and Web addresses. We may modify or change these addresses at any time without notice and shall in no way be required to compensate you for these changes. Upon termination of a Services account, we reserve the right permanently to delete or remove any or all addresses associated with the account.
(B) We do not claim any ownership of any material that you publish, transmit or distribute using our Services. By using our Services to publish, transmit, or distribute material or content, you (1) warrant that the material or content complies with the provisions of this Agreement, (2) consent to and authorize us, our agents, suppliers, and affiliates to reproduce, publish, distribute, and display the content worldwide and (3) warrant that you have the right to provide this authorization. You acknowledge that material posted or transmitted using our Services may be copied, republished, or distributed by third parties, and you agree to indemnify, defend, and hold harmless us, our agents, suppliers, and affiliates for any harm resulting from these actions.
(C) Title and intellectual property rights to our Services are owned by us, our agents, suppliers, or affiliates or their licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. You may not copy, redistribute, resell, or publish any part of our Services without any required express prior written consent from us or other owner of such material.
(D) In addition to any content that may be provided by us, you may access material through our Services that is not owned by us. Specific terms and conditions may apply to your use of any content or material made available through our Services that is not owned by us. You should read those terms and conditions to learn how they apply to you and your use of any content not owned by us.
16. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
17. Governing Law and Jurisdiction
18. Dispute Resolution and Binding Arbitration
(A) YOU AND US ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(B) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
(C) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity; provided, notwithstanding any contrary provision in the AAA Rules, the arbitrator will be bound to apply legal principles and the laws that govern this Agreement and does not have the power to award any relief that is not authorized by such laws. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(D) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
(E) YOU MAY OPT OUT OF THIS AGREEMENT’S ARBITRATION PROVISION. IF YOU DO SO, NEITHER YOU NOR WE CAN REQUIRE THE OTHER TO PARTICIPATE IN AN ARBITRATION PROCEEDING. TO OPT OUT, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST BECAME SUBJECT TO THIS ARBITRATION PROVISION. YOU MUST USE ONE OF THESE ADDRESSES: 1050 Spring Street, Unit 2, Wyomissing, PA 19610 OR 345 Hill Road, Suite D, Robesonia, PA 19551. YOU MUST INCLUDE YOUR NAME, ADDRESS AND ACCOUNT NUMBER, AND A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF THIS AGREEMENT’S ARBITRATION OBLIGATION.
(F) YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES, ABOUT WHICH YOU MUST CONTACT US WITHIN THIRTY (30) DAYS AS PROVIDED ABOVE), OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS.
(G) The arbitration will take place at a location within the Commonwealth of Pennsylvania, Berks County. This arbitration provision shall survive the termination of your Service(s) with us.
(H) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. We may assign this Agreement to another entity without any advance consent from or notice to you.
20. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by one of our duly authorized representatives.
21. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(A) To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(B) To Us. To give us notice under these Terms, you must contact us as follows: (i) by e-mail transmission to firstname.lastname@example.org; or (ii) by personal delivery, overnight courier, or registered or certified mail to FastBridge Fiber, LLC, 1050 Spring Street, Unit 2, Wyomissing, PA 19610. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination. Nothing contained in this Agreement shall be construed to limit our rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, we and our affiliates and agents reserve the right to delete all your data, files, electronic messages, or other of your information that is stored on our or our service providers’ servers or systems. In addition, you may forfeit your account username and all e-mail, IP, and Web space addresses. We shall have no liability whatsoever as the result of the loss of any such data.
25. Entire Agreement