Terms And Conditions
1. Ownership of Equipment. THE CUSTOMER UNDERSTANDS AND AGREES THAT, NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, ALL EQUIPMENT IS AND WILL REMAIN THE PROPERTY OF IFIBER COMMUNICATIONS. The Equipment must not be removed from the Premises except to be returned to IFIBER Communications. The Equipment must be returned in fully usable condition when the Services are disconnected or when IFIBER Communications desires to exchange the Equipment. If the Equipment is not returned in fully usable condition within ten days after the Services are disconnected, an administrative fee will be assessed. The customer will pay the fee established by IFIBER Communications for any Equipment not returned, as well as all related expenses of IFIBER Communications, including reasonable attorneys’ fees and collection costs. The customer will pay for all repairs or replacement of the Equipment whether or not caused by The customer, except for repairs or replacements necessitated by normal and ordinary wear or by defects in material or workmanship. IFIBER Communications may require a deposit for the equipment.
2. Care of Equipment. The customer will (i) not open, take apart, or alter the Equipment; (ii) adequately and reasonably safeguard the Equipment from others; and (iii) not hire or permit anyone other than personnel authorized by IFIBER Communications acting in their official capacity to perform any work on the Equipment. The customer will notify IFIBER Communications immediately if the Equipment is stolen or removed from the Premises without The customer’s permission. The customer will not attach any unauthorized device to the Equipment. If The customer tampers with or makes any unauthorized connection to the Equipment, The customer will be in breach of this Agreement, and IFIBER Communications may disconnect the Services, as provided in this Agreement, and initiate legal action. IFIBER Communications will be entitled to recover damages for tampering with its property, making any unauthorized connection, or receiving any unauthorized service or programming. Such damages will include, but not be limited to, the value of any Services illegally obtained, r
3. Access to the Premises. The customer grants IFIBER Communications permission to enter the Premises to install, inspect, maintain, and repair the Services and the Equipment. If the Services are canceled for any reason, The customer grants permission to IFIBER Communications to enter the Premises and remove all Equipment and material belonging to IFIBER Communications. If The customer is not the owner of the Premises, The customer will indemnify, defend, and hold IFIBER Communications harmless from any and all claims made by the owner of the Premises or other interested parties arising out of this Agreement.
4. Use of Third‑Party Property. The customer understands that in providing the Services, IFIBER Communications may make use of poles or conduit owned in whole or in part by the local public utility district, telephone companies, and electric power companies, and that the continued use of such poles or conduit is in no way guaranteed. If continued use of such poles or conduit is denied for any reason, IFIBER Communications will make reasonable efforts to provide the Services over alternate routes. The customer will make no claims or undertake any action against such public utility districts, telephone companies, or electric power companies, or against IFIBER Communications, if the Services are interrupted or discontinued, regardless of the reason.
5. Change of Services. IFIBER Communications reserves the right to change, re‑arrange, add, or delete its programming packages, prices, and any other Services it offers at any time. The customer may cancel the Services, in whole or in part, as provided in this Agreement, if the change is unacceptable. If The customer does not cancel, continued receipt of the Services will constitute acceptance. The customer acknowledges that certain programming, including broadcast network services, may be blacked out, and that The customer may be subject to legal action if The customer circumvents or attempts to circumvent such blackouts.
6. Payment for Services. Charges for the Services start the day after the Services are installed. When the Services are installed, the charges for one month’s Services, any required deposits, and any installation fees are payable in advance. Thereafter, The customer will pay IFIBER Communications monthly in advance, at the rates in effect at the time, for the Services, any administrative fees due to late payments, any returned check charges, and any other fees or charges owing to IFIBER Communications, including for all Services ordered by The customer or anyone using the Equipment, with or without The customer’s permission. If The customer fails to pay amounts owing to IFIBER Communications or breaches any material provision of this Agreement, IFIBER Communications may disconnect the Services as provided in this Agreement. In such case, IFIBER Communications may require The customer to pay all past due charges, a reconnect fee, and a minimum of one month’s advance charges before IFIBER Communications will reconnect the Services. In addition, The customer will pay IFIBER Communications any costs reasonably incurred to collect amounts owing. Further, The customer will pay all taxes or other governmental fees and charges, if any, that are assessed based on receipt of the Services. The customer will pay all administrative fees that apply to The customer. A Rate Sheet listing all current administrative fees is available upon request. The customer must bring any billing errors or requests for credit to IFIBER Communications’ attention within six months of receiving the bill for which correction of a billing error or a credit is sought.
7. Termination of Services. The customer has the right to cancel this Agreement and the Services at any time by notifying IFIBER Communications in writing. In such case, The customer will remain responsible for payment of all outstanding balances and any special offers accrued up to the date the Services are disconnected. Cancellation fees may apply. IFIBER Communications reserves the right to terminate this Agreement and the Services at any time and for any reason upon reasonable notice to The customer in writing. If The customer breaches any material provision of this Agreement, fails to make payments when due, or fails to abide by the policies of IFIBER Communications, the Services may be disconnected without notice.
8. Limitations of Liability. THE CUSTOMER UNDERSTANDS AND AGREES TO THE FOLLOWING LIMITATIONS OF LIABILITY, WHICH ARE REFLECTED IN IFIBER COMMUNICATIONS’S PRICES: (i) ANY DAMAGES TO THE PREMISES CAUSED BY INSTALLATION OR REMOVAL OF THE EQUIPMENT BY IFIBER COMMUNICATIONS WILL BE AT THE CUSTOMER’S RISK; (ii) EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IFIBER COMMUNICATIONS MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES OR EQUIPMENT; (iii) ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED; (iv) IFIBER COMMUNICATIONS IS NOT RESPONSIBLE FOR THE STATEMENTS, PRACTICES, PROMISES, OR WARRANTIES OF THE MANUFACTURERS AND SUPPLIERS OF THE EQUIPMENT; (v) IFIBER COMMUNICATIONS DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR EQUIPMENT; (vi) IFIBER COMMUNICATIONS IS NOT RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICES THAT OCCUR DUE TO ACTS OF GOD, POWER FAILURE, OR ANY OTHER CIRCUMSTANCES BEYOND IFIBER COMMUNICATIONS’S REASONABLE CONTROL; (vii) IFIBER COMMUNICATIONS IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES RELATING TO THE SERVICES OR EQUIPMENT, WHETHER BASED ON NEGLIGENCE OR OTHERWISE; AND (viii) UNLESS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR ANOTHER AGREEMENT BETWEEN THE PARTIES, IFIBER COMMUNICATIONS’S TOTAL LIABILITY TO THE CUSTOMER AND ANY OTHER PERSONS RECEIVING SERVICES, REGARDLESS OF THE CAUSE, WILL NOT EXCEED THE AMOUNT PAID TO IFIBER COMMUNICATIONS FOR THE SERVICES IN QUESTION. Some states do not allow limitations of implied warranties, so the above limitations may not apply to The customer. The warranties give The customer specific legal rights. The customer may have others that vary from state to state.
9. Indemnification. The customer indemnifies and holds IFIBER Communications harmless from any and all demands, claims, suits, costs of defense, reasonable attorneys’ fees, witness fees, and other expenses for damage to property or for injury to any employee, agent, servant, independent contractor, employee of any agent, service, or independent contractor, or any guest or occupant of The customer in any way arising from the installation, maintenance, provision of, or removal of the Equipment.
10.Third‑Party Licensing and Copyright Fees. The customer acknowledges that, for certain uses of the Services, additional licensing or copyright fees may be assessed by third parties, such fees are the responsibility of The customer, and IFIBER Communications assumes no responsibility for the payment of any such fees.
11. Miscellaneous. The interpretation and enforcement of this Agreement will be governed by applicable federal law, the rules and regulations of the Federal Communications Commission, and the laws of the state and local area where the Services are provided to The customer. If any provision of this Agreement is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary and the rest of the Agreement will remain enforceable. This Agreement may be assigned to a third party without notice to or consent of The customer at any time for any purpose. The customer will continue making all required payments to IFIBER Communications in accordance with billing statements received, unless notified otherwise. The provisions of this Agreement that expressly or by their nature survive termination will continue until fully performed. By accepting service from iFIBER Communications you agree to abide by these Terms and Conditions as well as our Acceptable Use Policy, Telephone Subscription Agreement, and the E911 disclaimer which can be found at www.http://ifiber.tv.
12. Network management practices. iFIBER communications does not make use of any application specific network management practices. iFIBER does not favor, modify, inhibit, rate control or block any specific protocols or any applications or classes of applications.
13. Performance Characteristics. iFIBER offers broadband Internet access service via FTTH on a 100 Mbps port. While the maximum advertised speed is attainable for end users, several factors may affect the actual speed of iFIBER’s Internet service offerings, included, but not limited to the end users computer, router, cabling, destination web site/sites etc. iFIBER’s current average speeds and latency regarding our 100 Mbps products can be found at http://www.netindex.com/download/3,91/Washington/ based on speed tests conducted by our customers to speedtest.net.
THE CUSTOMER UNDERSTANDS THAT USE OF THE SERVICES IS GOVERNED BY IFIBER COMMUNICATIONS’S POLICIES AND OTHER TERMS AND CONDITIONS OF USE. USE OF THE SERVICES MAY REQUIRE INSTALLATION OF CERTAIN HARDWARE OR SOFTWARE ON THE CUSTOMER’S PERSONAL COMPUTER OR OTHER SIMILAR EQUIPMENT. IF SUCH MEASURES ARE REQUIRED, THE CUSTOMER AGREES TO ENTER INTO A COMPUTER SERVICE AGREEMENT WITH IFIBER COMMUNICATIONS.