The following terms and conditions regarding the provision of service are derived from the complete agreements which govern your relationship with Clearwave Fiber (“Clearwave”) and are provided solely for your convenience. The terms of the agreements for Internet service and Phone service are not identical and differ in significant ways. An understanding of the rights and obligations of the parties can only be achieved through a full review of the agreements that apply to the Service(s) for which you are contracting. The following is designed to give you a brief and necessarily incomplete overview of some of the terms which in Clearwave Fiber’s judgment are critical elements of which each customer should be fully aware. Except where it is clear that one agreement or the other is being exclusively addressed, the following terms are those in common with both agreements.
Rights and Obligations. The parties’ rights and obligations will be defined by the agreements. Representations of terms and conditions by any other source including employees and agents of Clearwave Fiber shall not be binding on Clearwave Fiber. In the event that Customer uses a purchase order form to order Service(s), Customer acknowledges that to the extent that the terms of the purchase order are inconsistent with the terms and conditions of the agreements, the terms of the agreements will prevail.
Availability. The Service(s) may not be available in all locations due to engineering issues and regulatory and technical restrictions. In the event Clearwave Fiber determines that Service is not available to Customer’s location, this Agreement shall be void, and Customer shall be entitled to a refund of all prepaid charges in accordance with Clearwave Fiber’s refund policies. In addition, taxing and regulatory authorities may require differences in the way the Service(s) are offered in different locations.
Compliance with Law. Customer’s use of the Service(s) shall comply with the terms of the agreements, Clearwave Fiber’s Acceptable Use Policy where relevant, and all applicable laws and regulations. Customer agrees not to resell or redistribute in any way the Service(s), or any portion thereof, or make any use of the Service(s) other than for Customer’s legitimate business purposes, unless otherwise agreed in writing by Clearwave Fiber.
In addition to the general requirement that use of the Internet service be in compliance with law and Clearwave Fiber’s policies, for additional guidance, the commercial Internet agreement provides a list of specific actions which are prohibited. Clearwave Fiber will monitor usage amounts, including unbilled usage, to detect fraudulent activity. If usage rises significantly above Clearwave Fiber’s tolerance limits for Customer’s type of business, Clearwave Fiber will investigate and among other things may require Customer to prepay or sign up for direct pay.
Charges. Customer agrees to pay Clearwave Fiber for its subscription to and use of the Service(s) and for any applicable charges for installation, disconnection and reconnection, and all local, state and federal fees, taxes, administrative fees, surcharges and/or assessments imposed on the Service(s) either by government or Clearwave Fiber. Any payment not made when due may be subject to a late charge, which charge and method of imposition shall comply with applicable law.
Questions regarding a bill must be provided to Clearwave Fiber within sixty (60) days of receipt of the billing statement in question. Failure to timely notify Clearwave Fiber of a dispute shall constitute acceptance of the bill. Undisputed portions of the billing statement must be paid before the next billing statement is issued to avoid an administrative fee for late payment. All payments for services must be made directly by Customer to Clearwave Fiber.
Installation and Maintenance of Equipment. Customer, at no cost to Clearwave Fiber, shall secure throughout the term of service from building owners, managers, government authorities or any other parties any agreements necessary to allow Clearwave Fiber to install, deliver, operate and maintain the Clearwave Fiber-owned equipment and Service(s). Clearwave Fiber-owned equipment provided to Customer hereunder shall be maintained by Clearwave Fiber in good operating condition. Such maintenance obligation is contingent upon Customer notifying Clearwave Fiber, in a timely manner, when repair or maintenance is necessary. Clearwave Fiber will have no obligation to install, support, maintain, repair or replace any equipment that is not Clearwave Fiber Equipment.
Clearwave Fiber shall retain ownership of all Clearwave Fiber equipment provided hereunder. Customer shall not, directly or indirectly, sell, mortgage, pledge, or otherwise dispose or encumber any Clearwave Fiber-owned equipment provided to Customer, nor shall it change the location of, tamper with, damage, mishandle or alter in any manner such equipment.
Emergency 9-1-1 Services. Customer expressly acknowledges that the Phone Service has a limited power source and that, under certain circumstances, including if the electrical power and/or Clearwave Fiber’s cable network or facilities are not operating, the Phone Service, including the ability to access emergency 9-1-1 services, will not be available. Customer expressly acknowledges that the address associated with Customer’s Phone Service is the location where service will be provided and will be designated as the Registered Location for the Phone Service and for 9-1-1 locating purposes. Any transfer of Phone Service to a new location is prohibited without Clearwave authorization and may result in the inability of the 9-1-1 service to locate Customer in an emergency.
Copyrighted Materials and the Digital Millennium Copyright Act. Customer shall hold Clearwave Fiber harmless for any improper use of copyrighted materials accessed through Clearwave Fiber’s Internet Service. Clearwave Fiber bears no responsibility for, and Customer agrees to assume all risks regarding, the alteration, falsification, misrepresentation, reproduction, or distribution of copyrighted materials without the proper permission of the copyright owner. If Clearwave Fiber receives notice under the Digital Millennium Copyright Act, 17 U.S.C. § 512, that Customer has allegedly infringed the intellectual property rights of a third party, under the Act Clearwave Fiber will have the right to take down or disable access to the allegedly infringing material. In appropriate circumstances, Clearwave Fiber will terminate the accounts of a Customer who repeatedly infringes the intellectual property rights of third parties. Clearwave Fiber also will take such other action as appropriate under the circumstances to preserve its rights. Similar action will be taken on Customer’s behalf if Customer believes that another Clearwave Fiber customer has violated its copyrights.
Channel, Service, Price, and Other Changes. Subject to applicable law, Clearwave Fiber has the right to change at any time our services and equipment, with or without notice and with or without adjustments or refunds to prices or charges. Such changes may include, but are not limited to, deleting, adding to, or otherwise changing features, offerings, functionality, hours of availability, customer equipment requirements, speed, and upstream and downstream rate limitations. We may also change our policies, prices, and charges with or without notice. Any notice may be provided through your monthly bill, annual notice, newspaper ad, our website, or email or other communication.
Continuing to receive services after the change constitutes acceptance of the change. As market conditions change, Clearwave reserves the right to adjust package prices.
Limitation of Liability. CLEARWAVE FIBER SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLEARWAVE FIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING DIRECTLY OR INDIRECTLY FROM ANY MATTER RELATING TO CLEARWAVE’S EQUIPMENT, SERVICE OR INABILITY TO ACCESS SERVICE.
Termination. Either party may terminate the agreement(s) if the other party fails to perform any of its obligations, does not cure such breach within thirty (30) days after written notice, or if the other party becomes insolvent or bankrupt. In addition, upon Customer’s breach or unauthorized early termination, Clearwave Fiber may apply an early termination fee that will differ depending upon the affected service.
Privacy. Personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in the Privacy Notice located in the Legal Section of Clearwave Fiber’s website at clearwave.com. Based on its provision of Phone services, Clearwave Fiber develops information about the quantity, technical configuration, type, destination, amount of Phone Services Customer uses, and other information found on Customer’s bill, all of which are summarily identified as Customer Proprietary Network Information (“CPNI”). Under federal law, Customer has a right, and Clearwave Fiber has a duty, to protect the confidentiality of CPNI. We will not use CPNI to market telecommunications services to you that are outside of the type of service to which you currently subscribe without your prior consent, and we do not share CPNI with affiliates or third parties for their use in marketing their services to you. If we plan to market telecommunications services outside of the type of services to which you already subscribe, we will notify you at that time and provide you with the opportunity to opt-out of the use of your CPNI for such campaign.