This document defines a SERVICES AGREEMENT or contract between FIBERNET CORP., a Utah C Corporation, a wholly owned subsidiary of Fibernet Corporation, at 1155 S. 800 E., Orem, UT 84097, USA, 800-305- 6995 (hereinafter referred to as “Fibernet”), and the entity using or purchasing services provided by Fibernet, herein after referred to as CUSTOMER for the indicated services and is subject to the following Terms and Conditions.
CONTRACT TERMS:
Month to Month
BILLING:
CUSTOMER shall pay all fees according to the period and pricing model specified above. For example, if the fees are quoted as Monthly Fees or per month then the BILLING PERIOD shall be considered monthly, if the fees are quoted as Annual Fees or per year then the BILLING PERIOD shall be considered annual, and so forth.
SERVICES:
Fibernet shall provide CUSTOMER with the services indicated on this Services Agreement in consideration for CUSTOMER’s “PAYMENT OF FEES.”
SERVICE FEES, INSTALLATION FEES and SET-UP FEES:
SERVICE FEES, INSTALLATION and SET-UP FEES are paid in consideration for the CUSTOMER’s use of Fibernet’s Services indicated and do not include any unspecified services.
EFFECTIVE DATE:
The EFFECTIVE DATE of this Services Agreement shall be deemed the latter of the following: (a) the date Fibernet substantially completes the set-up, activation, or creation of the CUSTOMER’s service, or (b) the date the service is ordered. The date the CUSTOMER first utilizes the service, the date the CUSTOMER signs this Services Agreement, or whether or not the CUSTOMER ever uses the service shall have no bearing or effect on the EFFECTIVE DATE.
TERM:
The TERM of the AGREEMENT is defined above plus any partial calendar month and commences as of the EFFECTIVE DATE. If no TERM is specified, then the contract will be considered to have a month-to-month TERM plus any partial calendar month. If no NOTICE of cancellation is given, upon the fulfillment of a TERM, the Agreement will automatically renew with either a month-to-month TERM if the SERVICE FEES are paid monthly, a three-month TERM if the SERVICE FEES are paid quarterly, a six-month TERM if the SERVICE FEES are paid semi-annually, or a twelve-month TERM if the SERVICE FEES are paid annually.
BILLING PERIOD:
CUSTOMER shall pay all fees according to the period and pricing model specified above. For example, if the fees are quoted as Monthly Fees or per month then the BILLING PERIOD shall be considered monthly, if the fees are quoted as Annual Fees or per year then the BILLING PERIOD shall be considered annual, and so forth.
PAYMENT OF FEES:
CUSTOMER agrees to pay all INSTALLATION and SET-UP FEES to Fibernet. CUSTOMER shall pay all SERVICE FEES to Fibernet in advance of the BILLING PERIOD on or before the first day of each BILLING PERIOD, before the close of business, during the TERM. All payments received after the first are subject to finance charges and administration fees and accounts may be, at Fibernet’s sole discretion, inactivated until payment is received. CUSTOMER authorizes Fibernet to receive payments via the indicated monthly payment mode including without limitation the charging of the CUSTOMER’s credit card or other electronic means. CHANGE / INTERRUPTION / SUSPENSION / TERMINATION OF SERVICES. You are liable for all unpaid amounts due on your account, even if your Services are terminated or cancelled partway through a billing cycle. Fibernet may charge you interest on unpaid balances at the rate of 24% APR or the maximum rate allowed by law. Fibernet may use a third-party service to collect unpaid amounts and may charge you attorneys, collection, or other reasonable fees incurred to collect unpaid balances. (a) Following the completion of the TERM, CUSTOMER may terminate this Service Agreement without penalty, upon providing Fibernet with a 30-day written NOTICE of termination. (b) Fibernet may interrupt, suspend, or terminate CUSTOMER’s Services if CUSTOMER breaches any term or condition of this Services Agreement. Fibernet will provide at least 5-day NOTICE of its intent to interrupt, suspend, or terminate CUSTOMER’s Services unless by cause of force majeure or Fibernet believes, at Fibernet’s sole discretion, such action must be taken sooner to prevent damage to Fibernet, its other customers, or affiliates.
COROLLARY SERVICES:
Unless specifically written-in hereunder as a “SPECIAL TERMS/CONDITIONS/NOTES,” corollary services such as technical support services, training services, and marketing services are not included in this Services Agreement. These corollary services may be provided by Fibernet to its CUSTOMER under contracts and for fees separate from this Services Agreement.
LISTS / UNSOLICITED ELECTRONIC MAIL:
Use of email lists for unsolicited electronic mail or other mass electronic mailings is strictly prohibited. Fibernet reserves the right to deactivate the CUSTOMER’s account(s) upon an indication of such activity. CUSTOMER hereby agrees to indemnify and hold harmless Fibernet from any claim resulting from the CUSTOMER’s or another party’s use of electronic mail service(s) on the CUSTOMER’s account(s).
INTERNET PRIVACY & CONFIDENTIALITY:
CUSTOMER agrees to take whatever electronic or physical security measures necessary in order to preserve the sensitivity or confidentiality of information submitted via the Internet, stored within Fibernet facilities or accessible to services provided by Fibernet.
ILLEGAL / UNETHICAL / PORNOGRAPHIC USE:
CUSTOMER shall use Fibernet ‘s Internet Services and the Internet in a manner wholly consistent with all applicable governing laws, rules, and regulations. CUSTOMER hereby agrees that the CUSTOMER’s use of Fibernet ‘s Internet Services will not promote, send, view, or store: pornography; obscenity; nudity; violations of privacy, copyrights, trademarks, and property; computer viruses; or anything harassing and harmful. Fibernet reserves the right to deactivate or delete without notice any Internet Services in violation of this paragraph. CUSTOMER hereby agrees to indemnify and hold harmless Fibernet from any liability resulting from the CUSTOMER’s use or abuse of Fibernet ‘s Internet Services.
FIREWALL, SECURITY, FILTERING:
CUSTOMER acknowledges that, unless specified, Fibernet does not include, provide, maintain or otherwise deliver any security device or service with this product or service including, but not limited to: Firewalls, Security Appliances, Intrusion Detection Device, Intrusion Prevention Devices, and any Network Filtering Device.
BACKUPS. CUSTOMER acknowledges that, unless specified, Fibernet does not include, provide, maintain, or otherwise deliver any backup of CUSTOMER data stored on Fibernet products and services. CUSTOMER is solely responsible for backing up, copying or otherwise storing any data CUSTOMER deems of value.
DISPUTE RESOLUTION:
In the event it becomes necessary, to pursue collections, to refer any dispute to an attorney, or to resolve a dispute in a court of law, the prevailing party will be entitled to an award of any and all collections fees, reasonable attorney’s fees and costs associated with any action regardless of whether or not a suit shall actually be filed. Customer agrees to pursue legal action only in Utah County, Utah, USA.
NOTICES:
All notices to Fibernet must be given in writing. Please refer to the Fibernet website (https://www.fiber.net) for additional information regarding billing and support issues. Notices regarding this SERVICES AGREEMENT should be directed to:
FIBERNET CORP., a Utah C Corporation
1155 S. 800 E.
Orem, UT 84097
USA
FAX 801-223-9937
SPECIAL TERMS AND CONDITIONS:
In addition to the terms and conditions already stated in this Services Agreement Fibernet and CUSTOMER incorporate herein the following special term(s) and/or condition(s): see attached ‘Special Terms and Conditions.’
RESIDENTIAL UTOPIA SERVICE:
The SERVICE is delivered over the UTOPIA network and subject to the following special terms and conditions. Upon expiration of the TERM or if the TERM is considered month-to-month, SERVICE FEEs are subject to change, without notice. Installation and Set-up charges are dependent upon the cost of set-up and installation by both UTOPIA and Fibernet. UTOPIA’s installation charges are estimated at the time of AGREEMENT execution and are subject to change. CUSTOMER may approve said change or terminate this AGREEMENT immediately upon the notice (including verbal notice) of change to said charges. Additional charges not estimated at the time of this AGREEMENT may apply for inside wiring, missed appointments and other unforeseeable incidents.
BANDWIDTH USAGE POLICY:
To ensure fair and consistent access to our network for all customers, we have established a bandwidth usage policy. Excessive usage, defined as consistently consuming significantly more bandwidth than typical residential customers, may negatively impact the performance of our network and other users. Therefore, we reserve the right to monitor usage levels and take appropriate action, including but not limited to, limiting, suspending, or terminating service, if a customer’s bandwidth usage exceeds reasonable limits. Customers will be notified if their usage is deemed excessive and given an opportunity to modify their usage habits.
ATTACHMENTS, AMENDMENTS, and ACCEPTABLE USE POLICY (AUP):
Fibernet and CUSTOMER are bound to attachments to this Internet Services Agreement. CUSTOMER acknowledges that Fibernet policies may change from time to time and CUSTOMER hereby agrees to abide by these changes and be liable for such changes as reported at (https://www.fiber.net/support/acceptable-use-policy) or in Fibernet’s AUP. The CUSTOMER’s continued use of Fibernet’s services after such changes shall constitute CUSTOMER’s acceptance of the modification to this Services Agreement.
THE INDIVIDUAL SIGNING THIS SERVICES AGREEMENT, ACKNOWLEDGES THAT HE/SHE IS AT LEAST EIGHTEEN YEARS OLD, HAS READ ALL PAGES OF AND ATTACHMENTS TO THIS AGREEMENT, UNDERSTANDS IT, AND, EITHER A) AGREES TO BE PERSONALLY BOUND BY ALL ITS TERMS AND CONDITIONS AS AN INDIVIDUAL OR B) AFFIRMS THAT HE/SHE HAS FULL POWER AND AUTHORITY TO REPRESENT AND OBLIGATE THE CUSTOMER IF IT IS A BUSINESS ENTITY. THE INDIVIDUAL OR SIGNOR FURTHER AGREES THAT THIS SERVICES AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE CUSTOMER AND Fibernet WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT AND ALL OTHER COMMUNICATIONS BETWEEN THE CUSTOMER AND Fibernet, ORAL OR WRITTEN, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Data Cap: No Cap
Static IP: Yes
Static IP Cost: Free
Router Information: Does not provide routers.
