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Terms and Conditions

Internet Services Subscriber Agreement

Residential and Small Business 

Customer desires to obtain Internet Services as described below (“Service”) from Provider, and Provider is willing to provide the Service pursuant to the terms and conditions set forth herein.  

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NOW, THEREFORE, Provider and Customer hereby mutually agree as follows:

  1. Scope of Services.  The services provided by Provider will allow the Customer to access the Internet, that offers the Customer the capability for acquiring or retrieving information from generating, storing, transforming, processing, or utilizing information on, or making available information to other Internet end points, connected directly or indirectly to the Provider network. Provider will (either directly or through any agent, partner, or contractor) provide Technical Support and helpdesk services 24/7 as part of this agreement.   

  2. Service Conditions.  The Provider will provide service subject to: (a) current Acceptable Use Policy (“AUP”); (b) terms and conditions of this Agreement; and (c) and any additional policies issued by Provider to Customer.  The current version of the AUP is available on our website at www.fiberlync.net and available in our office.

  3. Terms of Service.  The term of the Agreement (the “Term”) shall commence on the Effective Date and shall continue for a minimum of ____ months and shall continue for so long as Services are provided by Provider to Customer.  

  4. Use of Service. All use of the Service must be lawful. You agree not to use or to allow others to use the Service for illegal or inappropriate activities, including but not limited to: transmitting or disseminating obscene, profane, or pornographic material; posting, transmitting, distributing, or disseminating content that is unlawful, threatening, abusive, harassing, libelous, slanderous, cyberbullying, lascivious, excessively violent, or defamatory. Customers may not retransmit the Service or make the Service available to anyone outside the premises (e.g., Wi-Fi or other methods of networking). Customers may not use the Service to host any type of commercial server.

  5. Notice of Parental Control Protections. Certain material available on the Internet  is  not  appropriate  for  minors.  To prevent or limit a minor’s access to such materials, a number of parental control protections (such as computer hardware, software,  or  filtering  services)  are  commercially  available. Current providers of such protections include, but are not limited to, internet filtering software such as NetNanny, Qustodio, SecureTeen, Covenant Eyes, and Safe Eyes (hereinafter “Filters”). Customer may find one or more of these Filters useful; but these Filters are not provided by FiberLync; they are not included with this Agreement; they are not associated with FiberLync; FiberLync does not recommend any filter; and FiberLync has no responsibility for the services of any of these Filters. 

  6. Service Speeds. The Internet Service Speeds identified in Provider’s marketing materials and other communications with Customer reflect Service capability speeds in Service speed tiers. The Service tiers are generally denoted by a name, and by a number that identifies the high-end of the speed range in a Service tier represents the potential wired maximum speed capability in that Service tier, but is not a statement, representation, or guarantee of the maximum speed you will receive. Some applications such as a short email without attachments or basic Web browsing do not require high speed service capability to function optimally, while other activities such as transferring large data files can be performed faster with higher speed services. The speed capability of the Service plan you purchase may not be suitable for some applications, particularly those involving high bandwidth uses such as streaming video or video conferencing. Bandwidth is provided on a per-line (not a per-device) basis. The maximum speed you will receive will depend on a multitude of factors, including, among other things: the distance of Customer premises from our nearest equipment; the equipment in use and number of other users on the portion of Provider network that connects Customer to the remainder of Provider network or the Internet; interference; the wiring inside your premises; and the capacity or performance of Customer computer, device or modem. Furthermore, the speed you receive at a point in time may vary and may be less than your maximum speed, depending on, among other things, the composition of the information or files Customer are accessing, usage, and traffic on the Internet, the server with which Customer are communicating, and the networks Customer and others are using when communicating.  Provider makes no promise or warranty, express or implied, that Customer will be able to download or upload data at any specific speed. If you are dissatisfied with the speed of Service you are receiving, Customer must contact Provider in writing to the addresses identified in the Provider Information section below or by contacting our customer service center at the telephone number identified on Customer Bill and provide Provider with the opportunity to investigate and attempt to address any issues with the Service.

  7. Access to Premise. Customer grants Provider or our contractors’ access to, over, and through your premises as required for installation of the Service, and if the Service includes provision of equipment, maintenance, and technical support, then Customer also grants Provider or our contractors such access as required to install, remove, and maintain such equipment.  

  8. Installation Services.   Standard Installation will include placement of buried fiber optic cable by trench method to the premise up to 1,000 feet, installation of an Optical Network Terminal (ONT), including wiring from the ONT to a designated location on the same floor level as the ONT and installation of a Wireless Access Point (WAP).  Non-Standard Installation of Fiber Optic Internet Services includes installing fiber optic cable by boring method, fishing of wires through walls, vertical wire runs from one floor to another where drilling is needed, wire wrap around a house that involves removal or pulling of housing siding. Provider is not responsible for installing electrical outlets, and if an electrical outlet change is needed to facilitate a battery back-up, it is the Customer’s responsibility to arrange a licensed electrician to complete this work. Standard outside installation services over 1,000 feet will be charged additional fee at a rate of $1.50 per foot. Any deviation from the Standard Installation definition will be billed at current rates. Billing of the hourly non-standard installation rates will be based on 1/4-hour increments.

  9. Installation Fee.  A onetime installation fee will be charged by Provider to install fiber to the fiber termination location at Customer premise. Installation charges over $480.00 will be invoiced upfront. Customer has an option to extend the $480.00 installation fee over a 24-month period by executing a 2-year service agreement.  

  10. Equipment. Provider will provide Customer an Optical Network Terminal (ONT) and Wireless Gigabit (Wi-Fi) router with the service provided.  Upon termination of service, the equipment is to be returned in good working condition. If Customer fails to return equipment to Provider in good working condition, the Customer agrees to pay Provider an equipment replacement fee. If the equipment is lost, stolen, damaged, or altered, Customer agrees to pay Provider an equipment replacement fee. The Provider has the right to charge the Customer the replacement cost of the equipment.  

  11. Electrical Power. The Service requires electrical power from Customer’s premise to operate, which the Customer is responsible for providing.  It is recommended that the Customer provide a battery backup, because the Service will not function in the event of a loss of power. A loss of power will disrupt the Service as well as any additional services that use the Service connection. Provider shall not be liable for loss of any Service(s) in the event of interruption of power, with or without battery backup present in the Provider equipment.

  12. Network Maintenance and Repair. Scheduled network maintenance will only be performed Monday through Friday between the hours of 11:30PM and 6:30AM. Customers are given at least 24 hours’ notice of any interruption of service for the purposes of maintenance or repair. In an emergency, you will be given such notice as is reasonable for the circumstances. All notices for scheduled network maintenance are delivered via e-mail and posted on Provider’s website. Excluding conditions beyond the control of Provider, work will begin on any network interruption or service problem promptly and, in no event, later than the next business day after interruption becomes known. Provider is committed to meeting the following: 70% of service calls cleared on same day; 90% within 3 business days; all within 5 days. The mean time for service call resolution is 2 days except when conditions are beyond our control. 

  13. Management of Customer Computer, Data and Security. Customer is responsible for the security of their computer, hardware, software applications, data, and files. Provider shall not be liable for any damage or loss to customer computer, hardware, software applications, data, or files. Provider makes no representation or warranty that any software or content installed on Customer’s computer(s) or that Customer downloads using the Service does not contain a virus or other harmful feature, and it is Customer’s sole responsibility to take appropriate precautions to protect Customer’s computer and all other personal equipment, software, and hardware from damage to Customer’s software, files, or data as a result of any such virus or other harmful feature.  Customer is solely responsible for obtaining, maintaining, and updating all equipment and software necessary to use the Service, and for management of Customer’s information, including but not limited to back-up and restoration of Customer’s data. CUSTOMER AGREES THAT PROVIDER IS NOT RESPONSIBLE FOR THE LOSS OF CUSTOMER DATA OR FOR THE BACK-UP OR RESTORATION OF CUSTOMER DATA, REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON PROVIDER’S SERVERS OR CUSTOMER’S DEVICE(S). CUSTOMER SHOULD ALWAYS BACK-UP ANY IMPORTANT INFORMATION SEPARATELY FROM DATA STORED ON ANY THIRD PARTY’S SERVERS. 

 

Access to Service using a Wi-Fi connection occurs over wireless radio waves, which means that Customer’s transmissions could be intercepted by unauthorized persons. The Customer assumes all risk and release Provider in the event of any damage Customer may suffer during use of Wi-Fi Service or using a wireless router or equipment, including the introduction of any viruses that may occur or breaches from unauthorized third parties.  

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  1. Credit Check. Customer consents to Provider providing a credit check for the purpose of determining whether a security deposit is required. If Service is canceled or disconnected for any reason, Provider may, subject to applicable Laws or regulations, apply any security deposit towards payment of outstanding charges.   

  2. Billing and Payment.  Provider will bill Customer monthly for all charges associated with the Service. Payment in full is due no later than the due date indicated on Customer bill. Customer is responsible for paying any taxes, surcharges, fees, and assessments imposed from time to time in connection with these Services. Provider may, in its sole discretion, retroactively bill Customer for Services, taxes, and other fees and charges if Provider determines the prior billing was missed, incomplete, or incorrect.  All billings will be setup by Customer authorizing payment by debiting a bank account, or by credit card. Additional notice or consent is required before Provider may invoice the credit card or debit the bank account for all amounts due to Provider for any reason.  Provider reserves the right to change the rates and connection fees and institute new charges or fees at any time.

  3. Non-Payment.  Any autopay that does not deduct on the Due Date will be subject to a late fee of $20.00.  If Customer does not satisfy delinquency of the Customer account within 45 days, the account will be disconnected.  A reconnection fee of $50.00 will be applied to the Customer account to reconnect service. Customer further agrees customer will be liable for all attorney’s fees and collection fees arising from efforts to collect any/all unpaid balance to customer’s account.  

  4. Billing Dispute. Customer shall have the affirmative obligation to provide written notice of any good faith dispute of an invoice within 30 days after receipt of the payment by Customer (which notice shall include enough detail for Provider to investigate the dispute).  Customer may withhold payment only on amounts disputed in good faith within 30 days after Customer’s receipt of the autopayment.  If Customer does not provide written notice of a dispute with respect to an autopayment within the 30 day-period, Customer shall be deemed to have waived its right to dispute such autopayment and to have agreed to pay such invoice.  If Customer has provided sufficient detail for investigation of the dispute, Provider will use reasonable efforts to resolve and communicate its resolution of the dispute within 30 days of its receipt of the dispute notice.  Notwithstanding anything in the Agreement to the contrary, Customer shall not withhold any disputed amounts while its Provider account is delinquent. Claims of fraudulent usage shall not constitute a valid basis for a dispute.

  5. Early Termination Fees. Customer agrees that, if Customer terminates the Service(s) before the completion of any required term to which Customer agreed (“Initial Term”), Customer will pay Provider any applicable early cancellation fee plus all outstanding charges for all Services used and Equipment purchased for which Customer has not paid Provider prior to termination. Customer agrees that early cancellation fees or any other fees may automatically be charged to Customer’s account and charged to Customer’s credit card, debit card, or other payment method provided to Provider. Customers agree to pay such fees.

  6. Discontinuation or Termination. If Customer’s Service is terminated or cancelled (for whatever reason), unless Provider expresses otherwise in writing, Customer agrees that Customer no longer has the right to keep or use the Equipment and Customer must promptly return the Equipment. The Equipment must be returned to Provider in the same condition as when received, ordinary wear and tear excepted. Absent other instructions, if Customer fails to return the Equipment, Customer will pay any expenses Provider incurs in retrieving the Equipment. Failure of Provider to remove the Equipment does not mean that Provider has abandoned the Equipment. Provider may impose a charge for unreturned Equipment to be determined in accordance with Provider’s then current schedule of charges for non-returned Equipment and/or continue to charge Customer a monthly Service fee every month until any remaining Equipment is returned, collected by Provider, or fully paid for by Customer. Any charge for unreturned Equipment shall be due immediately.

  7. Obligations Regarding Taxes.  Customer agrees to pay Provider any and all local exchange carrier assessed charges and any other federal, state, or local domestic or international governmental and regulatory taxes, permit fees, charges, impositions, or assessments including, but not limited to: (i) all sales, use, excise, gross receipts, privilege, or other similar taxes; (ii) charges mandated or permitted by regulatory agencies, and Universal Service Fund charges, plus any reasonable administrative charge Provider may establish for its customers for administering these pass-through charges; and the applicable provisions of the Provider, as these fees may be modified from time to time by Provider upon written 60-day notice to Customer.

  8. Compliance with Laws. During the Term, the Parties shall comply with all local, state, and federal laws and regulations applicable to the Agreement, the Services provided hereunder and their respective businesses.  Further, each Party shall obtain, file and maintain any permits, certifications, authorizations, licenses, or similar documentation as may be required by the Federal Communications Commission (FCC), the State Corporation Commission, or any other governmental body or agency having jurisdiction over its business. 

  9. Warranties. Except as may be provided for in the applicable Service Attachments, SERVICES PROVIDED UNDER THE AGREEMENT ARE PROVIDED WITHOUT ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, COMPLETENESS, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ORANGE COUNTY BROADBAND AUTHORITY HEREBY SPECIFICALLY DISCLAIMS ANY LIABILITY TO CUSTOMER FOR INTERRUPTIONS AFFECTING THE SERVICES FURNISHED UNDER THE AGREEMENT THAT ARE ATTRIBUTABLE TO CUSTOMER’S INTERCONNECTION FACILITIES OR TO CUSTOMER’S EQUIPMENT FAILURES, OR TO CUSTOMER’S BREACH OF THE AGREEMENT. 

  10. Limitation of Liability.  IN NO EVENT WILL ORANGE COUNTY BROADBAND AUTHORITY OR ANY OF ITS AFFILIATES BE LIABLE TO CUSTOMER OR ANY OF ITS AFFILIATES OR EMPLOYEES OR TO ANY THIRD PARTY FOR:  A)  ANY LOSS OF PROFIT OR REVENUE, OR FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SIMILAR OR ADDITIONAL DAMAGES, WHETHER INCURRED OR SUFFERED AS A RESULT OF THE UNAVAILABILITY OF FACILITIES, PERFORMANCE, NON-PERFORMANCE, TERMINATION, BREACH, OR OTHER ACTION OR INACTION UNDER THE AGREEMENT, OR FOR ANY OTHER REASON, EVEN IF CUSTOMER ADVISES ORANGE COUNTY BROADBAND AUTHORITY OF THE POSSIBILITY OF THIS LOSS OR DAMAGE; OR   B) FOR ANY OUTAGE OR INCORRECT OR DEFECTIVE TRANSMISSIONS,  OR ANY DIRECT OR INDIRECT CONSEQUENCES THEREOF.  CUSTOMER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF BREACH OF THE WARRANTIES DESCRIBED IN THIS SECTION SHALL BE LIMITED TO THE SERVICE CREDITS DESCRIBED IN THE APPLICABLE SERVICE ATTACHMENTS OR TERMINATION OF THE RELEVANT SERVICE.

  11. Force Majeure.  Other than with respect to failure to make payments due under the Agreement, neither Party shall be liable under the Agreement for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof, caused by, or due to any cause beyond its reasonable control, including, but not limited to, fire, earthquake, flood, water, the elements, acts of God, third Party labor disputes, utility curtailments, cable cuts, power failures, explosions, civil disturbances, vandalism, governmental actions, shortages of equipment or supplies, unavailability of transportation, acts, or omissions of third Parties.

  12. Indemnification.  Customer shall defend, indemnify, and hold harmless ORANGE COUNTY BROADBAND AUTHORITY and its Affiliates, directors, officers, shareholders, employees, representatives, and agents from any and all claims, taxes, penalties, interest, expenses, damages, lawsuits, actions, demands, or other liabilities (including without limitation, reasonable attorneys’ fees and court costs) relating to or arising out of or in connection with Customer’s use.  

  13. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed given: (i) when delivered in person, (ii) the next business day after deposit with a commercial overnight delivery service for next day delivery; or (iii) upon receipt if sent by United States mail, postage prepaid, or registered or certified mail, return receipt requested.  All notices shall be addressed to the recipient party at the address set forth in the cover sheet or other address a party may designate in writing from time to time.

  14. Assignment.  Neither Party may assign this Agreement or any of its obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed; provided, however, that without such consent, either Party may assign this Agreement to an Affiliate (but the assigning party shall remain jointly and severally liable for all of its obligations hereunder) or to a person with which such Party merges or consolidates or to which it sells all or substantially all of its business and assets.

  15. Waiver and Amendment.  No waiver of any term or condition of the Agreement will be enforceable unless it is in writing and signed by both Parties.  No failure or delay by either Party in exercising any right, power, or remedy will operate as a waiver of this right, power or remedy, unless otherwise provided in the Agreement.  The waiver by either Party of any of the covenants, conditions, or agreements to be performed by the other or any breach thereof shall not operate or be construed as a waiver of any subsequent breach of this covenant, condition, or agreement.  No modifications or amendment of the Agreement will be effective or enforceable, unless in writing and signed by both Parties.

  16. Governing Law.  The Agreement shall be governed by the laws of the Commonwealth of Virginia without regard to any choice of law principles that could result in the application of the laws of any other jurisdiction.  The Parties agree that all legal action or proceeding with respect to or arising out of the Agreement shall be brought in  a court of Orange County, Virginia or in the United States District Court for the Western District of Virginia (Charlottesville Division) exclusively.  Each Party accepts for itself and in respect of its own property, generally and unconditionally, the jurisdiction of the aforesaid courts.  The Parties hereby waive any right to stay or dismiss any action or proceeding under or in connection with the Agreement brought before the foregoing courts based on forum non-convenience.

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