General Terms of Use

Internet Network Terms and Conditions for the residents who subscribe to services located within the Fullerton Fiber City project in the City of Fullerton California. Subscribing residents and users of Network, accepts and agrees to abide by these Terms of Use when accessing or using Internet Services from GigabitNow Fullerton LLC (“GigabitNow”). GigabitNow provides its services subject to the subscriber’s compliance with the terms and conditions herein. Subscriber and users of Network hereby accepts and agrees to the following:

1. Subscriber accepts all Acceptable Use and Privacy Policy conditions below, and acknowledges that any such violations may result in suspension or termination of Services to Residence.

2. Subscriber shall allow GigabitNow and its contractors to collect subscriber information (including name, address, phone, email, property information, certain technical and operational data, etc.) relevant to providing services and Help Desk Services to the Subscriber, subject to the GigabitNow Privacy Policy and the Terms of Service.

3. Subscriber shall use only GigabitNow approved/provided ONT, or gateway equipment, to utilize the services. Subscriber shall reimburse GigabitNow on a time-and-materials basis for the cost to repair and/or replace equipment in the event of failure caused by Resident or Community.

4. Pursuant to the Privacy Policy of GigabitNow below, Subscriber Network data will not be sold or provided to third parties other than as required by law or legal process.

5. GigabitNow strongly recommends that the Subscriber install additional anti-virus software on personal computers and other network-connected devices for the purpose of detection, scanning, and removal of any new or pre-existing system viruses.

6. Residential Subscriber’s Agreements

   Subscriber hereby accepts and agrees to the following:

   a) Subscriber shall allow GigabitNow, SiFi Networks and their contractors reasonable and ongoing access to Subscriber’s Property to lay conduit and fiber optic cable, and install, activate, and maintain the necessary hardware on the outside and inside of Subscriber’s home, using appropriate equipment and practices. b) Prior to installation, Subscriber shall notify GigabitNow of any known or suspected hazards on Subscriber’s Property (e.g. unmarked underground propane or diesel lines, sprinkler systems, drainage pipes) that might affect or obstruct the installation process;
   c) Subscriber shall register for automatic monthly payments via Electronic Funds Transfer or credit card billing, for services billed at the 1st of every calendar month.
   d) Subscriber shall receive an uncapped internet service connection of 2 Gigabits included as part of the HOA (Home Owners Association) benefits at zero cost. Subscribers can upgrade their connection for twenty dollars ($20) per month for an uncapped internet service connection of 5 Gigabits, nineteen dollars and ninety-nine cents ($19.99) per month for Gigabit Wi-Fi Plus with home phone, or nine ($9) per month for Gigabit Wi-Fi Plus without home phone as part of the Services, for the entirety of the term, such prices being subject to change at the commencement of each new term. Additional services and promotional offers have additional terms as stated at the time of order. Taxes and third-party charges, if any, are not included in the above prices and will be charged to Subscriber. e) Subscriber may be given, loaned, leased or sold GigabitNow equipment to utilize GigabitNow’s Services. The Subscriber is responsible for maintaining any equipment on its premises in good working condition. Subscriber shall reimburse GigabitNow on a time and materials basis for the cost to repair and/or replace such equipment in the event of (a) misuse, (b) failure to exercise reasonable care, (c) physical damage, (d) theft, or (e) other loss. Subscriber acknowledges and agrees that title to GigabitNow loaned or leased equipment is retained at all times by GigabitNow and Subscriber agrees to return such GigabitNow equipment within 7 days after the Service terminates or be liable for the purchase price thereof. GigabitNow may, at its option, repair or replace equipment it provides or sells if it malfunctions. GigabitNow provides no guarantees or warrantees for hardware and software products it provides beyond that offered by the manufacturer unless explicitly stated otherwise above. GigabitNow is not responsible for insuring, troubleshooting, diagnosing or repairing Subscriber provided/managed equipment.
   f) Subscriber is solely responsible for any costs, labor, and equipment associated with the set-up and proper operation of Subscriber’s individual personal telecommunications devices NOT required by the Services (i.e. the installation and operation of the fiber-optic conduit, cable and Gateway technology described below) and
   g) Subscriber acknowledges and agrees that some or all of the Services provided by GigabitNow under this Agreement will be delivered by SiFi Networks and one or more third party contractors (“Contractor”), who will operate and manage the Fullerton Fiber City network and the associated Services provided to Subscriber.
   h) GigabitNow reserves the right to contact Customer via e-mail or any other means for matters pertaining to the Service or other services. GigabitNow reserves the right to share your information as needed to collect its billings from you for services. GigabitNow does not sell or provide Customers information to third parties other than as required of it by law or legal process. See GigabitNow’s Privacy Policy at gigabitnow.com/fullerton/legal.

7. Payment, Cancellations, and Ownership Change.
   a) Charges and payments are billed to and payable by Subscriber upon such time as the GigabitNow connection is ordered for installation pursuant to the terms and conditions of this Agreement (“Activation Date”).
   b) For Subscriber payment purposes, the initial term of this Agreement commences on the Activation Date. The Activation Date is the date upon which connectivity to the Internet is established. This agreement will automatically renew on a month-to-month basis, or on an annual basis if selected as initial term, unless a written cancellation notice is received from Subscriber at least 30 days prior to the expiration of the then-current term.
   c) If Subscriber cancels or denies service prior to completion of the Activation Date the Subscriber is responsible for any and all charges incurred by GigabitNow or its Contractor(s) for installation labor, equipment and materials delivered.
   d) If Subscriber requests to cancel the Agreement during its initial Agreement period, Subscriber will be obligated to submit payment for the remainder of the Agreement term. If Subscriber cancels the Agreement during a month-to-month renewal period, Subscriber will be obligated to pay for the then-current one-month term.
   e) Subscriber pays in advance for Services, monthly, via credit card or Electronic Funds Transfer, on the prescribed Billing Date. For all payments received more than 15 days after the Billing Date GigabitNow and/or its Contractor reserves the right to assess a $5 late fee, plus any incurred bank charge or fee. Subscriber’s failure to pay outstanding charges for more than 30 days after the Billing Date may result in suspension of Services, and an administrative fee for re-instatement of Services.
   f) If a GigabitNow or Contractor technician is dispatched at the request of Subscriber, Subscriber will be billed for services provided at the standard rates of GigabitNow. If GigabitNow or its Contractor determines that the problem was the responsibility of GigabitNow or an associated third party, service charges may be waived.
   g) This Agreement is personal to Subscriber and is not transferable.

8. Cautions and Liability:
   a) Emergency 911 phone service is available from GigabitNow, but is currently subject to important limitations, as described on the GigabitNow website (www.GigabitNow.com/fullerton/legal)
   b) It is the sole responsibility of the Subscriber to back up all personal data, as GigabitNow does not.
   c) GigabitNow strongly recommends that the Subscriber install additional anti-virus software on personal computers and other network- connected devices for the purpose of detection, scanning, and removal of any new or pre-existing system viruses.
   d) All Services offered pursuant to this Agreement are subject to the Terms of Service posted on GigabitNow website (www.GigabitNow.com/fullerton/legal), as updated from time to time. It is Subscriber’s responsibility to review the Terms of Service periodically to be informed of their content.
   e) GigabitNow provide the Services “as is” and without any warranty, express, implied or statutory, unless expressly set forth in this Agreement. GigabitNow shall not be liable under any circumstances to Subscriber or any third party for any incidental, special, punitive, or consequential damages of any nature whatsoever, including but not limited to lost data or lost profits or revenues, regardless of the foreseeability thereof, occasioned by the actions of GigabitNow or its Contractor(s), or their inability to perform their obligations hereunder, or arising from software or hardware malfunctions.
   f) Subscriber hereby agrees to indemnify and hold harmless GigabitNow and its Contractor(s), their directors, officers, officials, employees, agents, committees, and volunteers from any and all liability, claims, injuries, damages, losses, suits, or demands whatsoever against any of them arising out of or in connection with the Services delivered to the Property pursuant to this Agreement and for which GigabitNow or its contractors are not negligent or otherwise solely responsible.

9. Service Interruptions and Legal Action:
   a) In the event of a Service interruption, GigabitNow or its Contractor may provide a credit on the Subscriber’s account. GigabitNow’s Internet service has historically been extremely reliable. In the event of a Service interruption for a full calendar day, GigabitNow will provide an additional day of Service at the end of the stated term for each day Subscriber experiences this problem. This is the sole remedy available to Subscriber for Service disputes and will be granted solely by GigabitNow. A “Service interruption” for this purpose does not include periods when all or part of the network is unavailable due to (i) scheduled network normal maintenance (with at least 24 hours advance notice to Subscriber), (ii) failure or malfunction of equipment, applications or systems not owned or not controlled by GigabitNow or its 3rd party providers, (iii) malfunction or inappropriate engineering of Subscriber’s network, applications, equipment, or facilities, (iv) negligence and acts or omissions of Subscriber, Subscriber’s Subscriber, employees, contractors or agents or its end users, or (v) circumstances or causes beyond the control of GigabitNow or its third party providers, including but not limited to fire, flood, severe storms, earthquake, volcanic eruption, pandemic, or acts of war or terrorism. Subscriber must give GigabitNow notice of any such Service interruption or claim for Service credits within 30 days of the event related to the claim. Unless the Service interruption is caused by failure of GigabitNow’s internal system, no credit can be issued for the time prior to the Subscriber giving GigabitNow notice of the problem. b) Failures of Service by the local exchange or the interexchange carrier, or other third party, or by strikes, labor disturbances, Acts of God, failure to secure a Communications/Data Easement, or any event or force of nature which prevents commencement of the Service or continuation of the Service shall give both GigabitNow and the Subscriber the right to terminate this Agreement without penalty, provided 10 days written notice is first given and the problem is not cured. c) In the event of any suit or other legal action arising from or relating to this Agreement, the laws of the State of California shall apply. Venue shall be in the Superior Court of Orange County, California. The prevailing party shall be entitled to recover all of its reasonable and necessary costs and expenses, including such sum as the Court may judge reasonable for attorney fees, including fees upon appeal of any judgment or ruling.
   d) GigabitNow shall not be liable under any circumstances to the subscriber or any third party for any incidental, special, punitive or consequential damages of any nature whatsoever, including but not limited to lost data or lost profits or revenues, regardless of the foreseeability thereof, occasioned by GigabitNow’s actions or inability to perform its obligations hereunder or arising from software or hardware malfunctions. In no event shall GigabitNow’s aggregate liability to a subscriber under the agreement or other contract, for indemnity, contribution, breach of statutory duty, contract claims, negligence, strict liability or other theory or tort, exceed $200. The existence of one or more claims shall not enlarge this limitation. GigabitNow shall have no liability for incidental, special punitive or consequential damages (including lost data or applications or lost profits or revenue) caused primarily by a 3rd party telecom connectivity provider(s), although a service credit may be available.
   e) Each party shall be indemnified and held harmless by the other against claims of any third party for damages, losses, or injuries arising out of the negligent or willful act or omission of the other party or its agents, servants, employees, contractors or representatives. If you use GigabitNow broadband or wireless internet service for voice services provided by another company, you realize that GigabitNow does not provide 911 or E911 emergency phone services; those must come from your phone service provider. GigabitNow will not be responsible for any personal injury or death related to 911 or E911 failures. f) All notices required to be in writing hereunder shall be deemed given when received by a party by email, facsimile, courier service, or mail. All notices shall be directed to the signatories at fullerton@gigabitnow.com. g) The Subscriber signifies its irrevocable acceptance of the terms of service in this Agreement (the “Terms of Service”) upon the earlier of: (i) clicking on the “Submit Order” button during the online order process; (ii) by using the Service; or (iii) activating Subscriber’s account. If the Subscriber does not agree to be bound by these Terms of Service, then Subscriber should not take any of the foregoing actions described in (i) through (iii), and Subscriber should not use the Service. Subscriber is not authorized to use the Service without agreeing to be bound by these Terms of Service. Subscriber is responsible for ensuring that all use of the Service is in accordance with these Terms. Subscriber shall ensure that anyone who uses the Service abides by the Terms of Service. Subscriber shall indemnify and hold GigabitNow harmless for any violation of these Terms of Service by any person using the Service provided to Subscriber, with or without Subscriber’s consent or knowledge.

Property Access License

1. Grant of License. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Subscriber hereby grants unto SiFi Networks LLC (“Network Owner”), its parents, subsidiaries, or other affiliated entities and its suppliers, agents, Services providers and contractors, the right, privilege and authority
   (i) to deliver, and connect the Premises (listed below) to, all services that the Facilities can support (“Services”),
   (ii) to, in its discretion (but without any obligation), access, construct, relocate, replace, operate, repair, maintain, upgrade, configure and remove the fiber optic network facilities (including, but not limited to, fiber optic cables, drops, temporary drops, jumpers, splice enclosures, distribution hubs and distribution terminals, electronic access portals, optical network terminals, power supply units, battery backup units, innerducts, wall plates, conduits, raceways and moldings, copper cables and wires, coaxial cables and wires, jacks interconnection devices, interface modules, optical network equipment cabinets, and associated equipment and facilities) (collectively, the “Facilities”) within the building(s) and improvement(s) and upon, over, under and along the Premises which Subscriber owns or in which Subscriber has an interest and is authorized to enter into this Property Access License (this “License”) and
   (iii) to enter the Premises as may be necessary to exercise the rights granted by this License.
2. Term; Recordation; Authority. This License shall be irrevocable during any period in which any Services are provided to the Premises and if Subscriber terminates all Services, this License may be terminated by Subscriber upon thirty (30) days’ prior written notice to Network Owner. This License shall run with the land and at Network Owner’s sole discretion, may be recorded in the property records office of the county where the Premises are located. If Network Owner elects to record this License, Subscriber shall reasonably cooperate with Network Owner in recording this License. If Subscriber is not the owner of the Premises, Subscriber represents and warrants that the owner has granted Subscriber authority to grant this License. It is the obligation of the Subscriber to obtain any necessary approval from the owner of the Premises required for this License. At the request of Network Owner, Subscriber shall supply the owner’s name, address and phone number and/or evidence that the rightful owner has provided such approval. Subscriber shall indemnify and hold harmless Network Owner and its contractors and Service providers for claims arising due to Subscriber’s failure to obtain any required approvals or consents prior to granting this License.
3. Ownership; No Damage. Unless otherwise provided by applicable law, the Facilities shall remain at all times the Network Owner’s property and shall not become fixtures or in any way a part of the Premises. Subscriber shall not sell, lease, abandon, or give away the Facilities or any part thereof. Subscriber shall not, and shall not permit, damages or loss to the Facilities and upon termination of Services and if requested by Network Owner or Service provider, shall return the Facilities to the Network Owner or Service provider, as the case may be, in good condition. Subscriber shall be liable to Network Owner, and Network Owner may obtain reimbursement directly from Subscriber, for such damages or loss, including enforcement and court costs, and attorney fees. This provision shall survive the termination of this License.
4. Limitation of Liability. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF NETWORK OWNER AND ITS SUPPLIERS, AGENTS, PROVIDERS AND CONTRACTORS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES) RELATED TO THIS LICENSE. UNDER NO CIRCUMSTANCES SHALL NETWORK OWNER BE LIABLE TO SUBSCRIBER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, FACILITIES OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR THE FACILITIES OR ANY BREACH OF THIS LICENSE, SHALL BE SUBSCRIBER’S ABILITY TO TERMINATE THE SERVICE AND TO TERMINATE THIS LICENSE. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS LICENSE.
5. Miscellaneous. Signatures of this License which are transmitted by either physical or electronic means or both are valid for all purposes. If any provision of this License is held by the final judgment of any court of competent jurisdiction to be illegal, invalid or unenforceable, the validity of the remaining portions or provisions must not be impaired or affected, and the rights and obligations of the parties must be construed and enforced as if this License did not contain that certain part, term or provision held to be illegal, invalid or unenforceable. This License constitutes the entire agreement between Subscriber and Network Owner with respect to the license granted hereby and may be amended or altered only by written agreement executed by both parties, and supersedes all prior agreements, whether written or oral, between the parties. This License must be construed and enforced in accordance with the laws of the state in which the Premises are located. This License is binding upon and shall inure to the benefit of the parties and their respective successors and assigns.

FCC Opt-Out Plan for (Subscriber Proprietary Network Information), CPNI

Your Subscriber Proprietary Network Information Rights

In the normal course of providing your telephone service,

GigabitNow maintains certain information about your account. This information, when matched to your name, address and calling or originating billing telephone number, is known as your Subscriber specific “Subscriber Proprietary Network information,” or CPNI for short. Examples include the type of line you have, service features like Touch tone and Caller ID, class of service, telephone charges, long-distance and local service billing records, directory assistance charges, and historical call records and patterns. CPNI does not include things like Subscriber name, address, or telephone number; aggregate information or data that is not specific to a single Subscriber; Subscriber premises equipment; and Internet access service. Under federal law, GigabitNow has a duty to protect your CPNI from unauthorized access or disclosure.

Currently, GigabitNow does not utilize CPNI to market additional services, nor do we sell Subscriber information to any third party. However, the Federal Communications Commission has adopted rules stating that GigabitNow may not use your CPNI to market certain telecommunications related services or features to you if you have requested that the CPNI be considered “restricted/opt-out” for this purpose. If you wish to have your CPNI “restricted/opt-out,” call the GigabitNow office at 1-800-468-3939 during our normal business hours. Tell us that you wish to restrict our use of your Subscriber information. The restriction will remain in effect until you notify us otherwise. Please note that restricting your CPNI will not eliminate all of our marketing contacts with you. You could still receive marketing contacts from us that are not based on your CPNI. Also, we are permitted to use your CPNI to contact you about additional local telephone and other services when we already provide you that same type service. Finally, even if your CPNI is restricted, we may still use it to market any other telecommunications services or features with your permission if you contact us and ask about them. If you choose not to “restrict/opt-out” then GigabitNow is presumed to have permission, 30-days after you receive this notification, to use CPNI to market services until such time as you withdraw that permission. You may withdraw your permission at any time by contacting GigabitNow at 1-800-468-3939.

Acceptable Use Policy

System abuse is strictly prohibited. The Subscriber and users of Network agree to abide by this Acceptable Use Policy. GigabitNow may terminate or modify service immediately and may bill for any resulting support charges if the Subscriber or its users engages in system abuse. GigabitNow is dedicated to maintaining an open and equal Internet free from corporate interference, as well as personal Internet privacy, with or without governmental regulation. Actions that constitute system abuse include, but are not limited to:

1. Attempting to circumvent user authentication or security of any host, network, or account on GigabitNow systems or those of its Internet service partners, or the Internet at large (“cracking”).
2. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
3. Engaging in harassment, whether through language, frequency, or size of messages.
4. Intentional transmission of any virus, “worm”, “Trojan horse” or similar software which is destructive to personal computers, servers or computer systems.
5. GigabitNow does not authorize the use of any device on the Subscriber Network to accept, transmit or distribute unsolicited bulk email sent from the Internet to its Subscribers. GigabitNow does not authorize the harvesting or collection of screen names from its equipment or Subscribers or its internet partners for the purpose of sending unsolicited bulk email. Unauthorized use of the GigabitNow system or that of its Internet partners in connection with the transmission of unsolicited bulk email or counterfeit or misleading email may result in substantial civil penalties against the sender, including those provided by the California anti-spam law (California Business & Professions Code sections 17529 to 17529.9), and the State of Washington Commercial Electronic Mail Act (Wash. Rev. Code Chapter 19.190 et seq.), and the federal Computer Fraud and Abuse Act (18 U.S.C. sections 1030 et seq.).
6. The creation of private server farms, server hosting, or web hosting, on the Network for commercial or private purposes is not authorized by GigabitNow and will be denied service.
7. Automated or manual generation of network traffic to simulate hits to blogs or other web- sites for reasons other than the good-faith intention of an Internet user to visit a Web site to purchase goods or services or to obtain information, or with the intent to promote an unrelated web site. Examples: Click Fraud, Referrer Log Spamming, Web-based comment spam.
8. Damage to any equipment in the Subscriber’s possession, which is owned by GigabitNow, will void the warranty on that piece of equipment and the Subscriber will be responsible for paying for any resulting repairs or replacements.

Privacy Policy

This Privacy Policy covers how GigabitNow treats personal information that GigabitNow collects, receives, and maintains, including information related to the Subscriber’s use of GigabitNow websites and services. “Personal information” is information about Network users that is personally identifiable such as: name, address, and other information that is not otherwise publicly available. Our collection, transmission, and storage of this information are necessary to render our services to you.

1. GigabitNow collects personal information when a Subscriber, Resident, or user visits or uses GigabitNow websites and services, and when visiting the websites of, or contacting GigabitNow. Subscriber use of GigabitNow services or support, may require that we ask for information such as name, email address, address of a Resident.
2. GigabitNow collects information about the Subscriber and Network user transactions with GigabitNow servers automatically receiving and recording information from a user’s browser, including IP address, GigabitNow cookie information, and website pages visited.
3. GigabitNow uses personal information for the following general purposes: to fulfill requests for services, improve Network services, contact you, provide technical support, provide anonymous reporting for purposes related to providing you Network services, and to customize Network content you see.
4. GigabitNow and its business partners needed to offer and provide services. GigabitNow’s business partners operate under confidentiality agreements that limit their use of personal information on terms identical to those enumerated in this Privacy Policy. These partner companies do not have any independent right to use or further share this information, except as provided in this Privacy Policy.
5. GigabitNow may set and access cookies on Network user’s devices.
6. GigabitNow undertakes physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information. We limit access to personal information to GigabitNow and business partner employees who we believe reasonably need to come into contact with that information to provide Network services, or to prevent violations of GigabitNow’s Terms of Service, or who otherwise need that information in order to do their jobs.

7. Except as described above, GigabitNow considers and treats personal information as confidential, and does not rent, sell, or share personal information with nonaffiliated companies or unrelated third parties. However, GigabitNow may disclose personal information to third parties:

   1. as needed to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; and
   2. when we believe it is necessary to share personal information in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or potential threats to the physical safety of any person, or as otherwise required by law or law enforcement agencies or for the purpose of national security; and
   3. if GigabitNow is acquired by or merged with another company, or if your service account with GigabitNow is sold or transferred to another company; and
   4. upon your prior written permission.
8. The GigabitNow and affiliated websites contain links to other third-party websites. Please be aware that GigabitNow is not responsible for the privacy practices of such other websites and companies. This Privacy Policy applies solely to your personal information collected and maintained by GigabitNow. It does not apply to the practices of companies that GigabitNow does not own or control, or to people that GigabitNow does not employ or manage.
9. Use of GigabitNow Network sites and services following GigabitNow’s publication of any changes to this Privacy Policy will constitute your acceptance of such changes. If the Subscriber or its Residents do not agree to any such changes, please do not use any GigabitNow sites or services.

Telephone Digital Service Subscriber Agreement

In addition to other terms and conditions herein applicable to 911 Service, the following terms and conditions are specifically applicable to Subscribers.

1. Special Notice For Subscribers: Limitations Of The Service

   1. Limitations. GigabitNow Telephone includes 911/Enhanced 911 functionality (“911/E911”) that may differ from the 911/E911 functionality furnished by other providers. As such, it may have certain limitations. Carefully read the information below. You acknowledge and accept any limitations of 911/E911. You agree to convey these limitations to all persons who may have occasion to place calls over the service. If you have any questions about 911/E911, call .

      1. Correct Address: In order for your 911/E911 calls to be properly directed to emergency services, GigabitNow must have your correct Premises address. If you move the Service to a different address without GigabitNow’s approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the wrong address, and/or GigabitNow Telephone (including 911/E911) may fail altogether. Therefore, you must call before you move the Service to a new address. GigabitNow will need several business days to update your Premises address in the E911 system so that your 911/E911 calls can be properly directed. All changes in service address require GigabitNow’s prior approval.
      2. Service Interruptions: The Service uses the electrical power in your home. If there is an electrical power outage, 911 calling may be interrupted if the battery backup in the telephone gateway device is not installed, fails, or is exhausted after several hours. Furthermore, calls, including calls to 911/E911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, or another technical problem.
      3. Suspension and Termination by GigabitNow: You understand and acknowledge that all GigabitNow Service, including 911/E911, as well as all online features of GigabitNow Telephone, where we make these features available, will be disabled if your account is suspended or terminated.
      4. Incorrect Address and Phone Number: You understand and acknowledge that under some network issues, we will attempt to route your 911 call directly to the regional PSAP call center using our emergency backup phone lines. You will need to give the 911 operator your actual address. The 911 operator will not be able to call you back at the number they see on their display and most likely will not be able to call you back on your GigabitNow telephone number.

   2. Limitation of Liability and Indemnification. You acknowledge and agree that GigabitNow will not be liable for any service outage, inability to dial 911 using the services, and/or inability to access emergency service personnel. You agree to defend, indemnify, and hold harmless GigabitNow and its affiliates, suppliers or agents from any and all claims, losses, damages, fines, penalties, costs, and expenses (including but not limited to reasonable attorney fees) by, or on behalf of, you or any third party or user of the services relating to the failure or outage of the service, including those related to 911/E911.

2. Subscriber Information. GigabitNow and its suppliers reserve the right both during the term of this Agreement and upon its termination to delete your voicemail, call detail, data, files, or other information that is stored on GigabitNow’s or its suppliers’ servers or systems, in accordance with our storage policies. You understand and acknowledge that we shall have no liability whatsoever as a result of the loss or removal of any such voicemail, call detail, data, files, or other information.

3. Subscriber’s Account Information. The Account Information is provided by the Subscriber during the sign up process and may be later updated by the Subscriber by logging into the Subscriber’s account and going to “Account Information”. The Subscriber is responsible for safekeeping of the Subscriber’s login name, password and other information. The Subscriber is solely responsible for all information entered into and set forth in the Account Information, even if such information was provided by unauthorized persons. The Subscriber must notify GigabitNow immediately if the Subscriber has reason to know or believes that the Subscriber’s Account Information, login or password has been compromised or accessed by unauthorized persons. If subscriber chooses to add GigabitNow Gigabit Wi-Fi Plus service, GigabitNow Technicians will have limited access to the subscriber’s SSID information. While providing this service, GigabitNow support technicians will have access to subscriber’s Wi-Fi SSID and password while making enhancements, tuning coverage, and conducting changes.

4. Term. This Agreement begins on the date that the Subscriber accepts these Terms of Service and this Agreement will continue on a month to month basis (the “Term”). The Term automatically renews for another month, unless and until notice is given by GigabitNow or the Subscriber cancels service by submitting a cancel request to Subscriber support via support@gigabitnow.com or by calling .

5. Billed in Full Months. The Service is billed in full months and during each month, all normal charges will apply. The Subscriber is obligated to pay for a full month’s Service, even if notice of non-renewal is given by the Subscriber at the beginning of the month.

6. Residential Service Plans. Residential Service Plans are provided for the Subscriber’s residential use and for no other use. Residential Service Plans may not be used for commercial or other non-residential purposes. If GigabitNow determines that a Residential Service is being used for any commercial or other non-residential use, then GigabitNow may, in its sole discretion:

   1. terminate the Service;
   2. determine that the Subscriber did not qualify for Residential Services and upgrade the Subscriber to an appropriate plan based on the Subscriber’s use and retroactively adjust the amounts the Subscriber was charged to reflect the revised plan; and/or
   3. maintain the Residential Service Plan but additionally charge the Subscriber’s excessive usage based on then current rates charged by GigabitNow. GigabitNow may make such determination based on the Subscriber’s usage patterns and other criteria determined by GigabitNow to differentiate between residential use and commercial or other non-residential use and the Subscriber shall pay the charges for the new business plan, even if the Subscriber did not have access to the full feature set of said plan. Without limiting the foregoing, any monthly usage that is more than five times the average monthly usage of a GigabitNow Telephone Subscriber shall be considered to be commercial or other non-residential use subject to the terms of this provision.

7. Business/Commercial Services. For business or commercial service, contact GigabitNow Subscriber service at , or by submitting a request for more information to support@gigabitnow.com.

8. Change in Service: New Features. If the Subscriber requests additional Services or features, then the Subscriber may do so by going to www.gigabitnow.com/. GigabitNow will pro-rate the additional charges from the date of activation for the balance of the billing period.

9. General Terms: Billing Policies. General billing policies for the Service are described in detail in the Terms of Service Agreement at gigabitnow.com//legal. All GigabitNow services go into suspension if a subscriber has not paid for all services in full within 30 days of the due date which is the billing date. If the subscriber has GigabitNow Telephone it will not continue to bill and will be terminated at 40 days past due. This means that if a bill is left past due for more than 40 days the phone number(s) you have associated with your GigabitNow Telephone account could be permanently lost as GigabitNow will not continue to pay for a number on a delinquent account.

10. Charges. GigabitNow’s fees and charges are set forth on the GigabitNow website (gigabitnow.com//legal) GigabitNow’s fees and charges may be changed by GigabitNow from time to time, as described above. The Subscriber will be billed for Services, installation fees, taxes and other reoccurring charges, in advance, however usage charges, termination charges and other charges may be billed in arrears, as GigabitNow shall determine. GigabitNow reserves the right to charge the Subscriber’s selected automatic payment method anytime the Subscriber’s usage charges exceed fifty dollars ($50 USD). Payment for the Service must be made through an automatic payment option, specifically ACH or Credit Card. Subscribers who are currently paying by check, or any other manual method will need to provide an ACH account or Credit Card number for automatic payment processing. For telephone services, you acknowledge that normal billing rates will apply during the time you have an operating temporary phone number and are waiting for your former phone number to be transferred to your GigabitNow Telephone account. Cancellation, or delays, in the porting of a telephone number to your GigabitNow account will incur fees to stop, delay, or reverse. This can range up to $300 and are billable if requested, or initiated by Subscriber.

11. Statement of Charges. GigabitNow will post all its charges to the Subscriber’s account maintained on GigabitNow’s website, (www.gigabitnow.com/), from time to time. It is the Subscriber’s duty and responsibility to review the Subscriber’s account from time to time and to verify that all charges to the Subscriber’s account are accurate and correct. The Subscriber agrees that all charges are due upon posting to the Subscriber’s account. Usage charges are billed in increments that are rounded up to the nearest minute, unless indicated otherwise in GigabitNow’s rate schedules.

    1. If you pay a flat monthly fee for your calling plan, that fee may not cover certain types of calls. You will be billed for these excluded call types on a per-call basis (e.g., operator services) or a measured basis (e.g., international calls).
    2. Generally, for billing purposes, a measured call begins when the call is answered by the called party or an automated answering device (such as an answering machine or fax machine); it ends when one of the parties disconnects the call. However, some providers (e.g., those involved in calls to foreign countries) charge for a completed call when the called party’s line rings or after a certain number of rings. If such a provider charges GigabitNow, its affiliates, or suppliers as if your call were answered by the called party, GigabitNow will charge you for a completed call.
    3. Measured calls are recorded in whole minutes, with partial minutes rounded up to the next whole minute. If the computed charge for a measured call or for taxes or surcharges includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. Consult the Service pricing information for information on per-call charges and the timing of measured-call charges.
    4. You understand and agree that our paper bills for the Service contain only a summary of charges, and that detailed information about your calls and charges will be available only for a limited period at a password-protected portion of the GigabitNow website. You may call for a paper copy of outbound toll call records related to your most recent bill. There may be an additional charge for these outbound toll call records except as otherwise required by applicable law.
    5. GigabitNow reserves the right to limit or block any usage of the Service as GigabitNow deems necessary to prevent harm to its network, fraud, or other abuse of the Services.

    6. You understand and acknowledge that you will not be able to use the Service under certain circumstances, including but not limited to the following:

       1. if our network or facilities are not operating or
       2. if normal electrical power to the home networking portal is interrupted and the portal does not have a functioning battery backup. You also understand and acknowledge that the performance of the battery backup is not guaranteed. If the battery backup does not provide power, the Service will not function until normal power is restored. You also understand and acknowledge that you will not be able to use online features of the Service, where we make those features available, under certain circumstances including but not limited to the interruption of your Internet connection.

12. Taxes. The Subscriber will pay all applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, tariffs, access fees or other fees or charges now in force or enacted in the future, that arise from or as a result of, the Service (collectively, “Taxes”). Taxes are in addition to charges for Services and Taxes are due for any period of time while the Term is or was in effect, even if GigabitNow fails to accurately or correctly bill the Subscriber. If the Subscriber claims to be exempt from payment of any Taxes, the Subscriber must provide with proof of such exemption acceptable to GigabitNow and GigabitNow will continue to collect Taxes from the Subscriber until such exemption is established to GigabitNow’s satisfaction.

13. Charges for Directory Assistance, 411. The Subscriber will pay the amount set forth on the GigabitNow website (www.gigabitnow.com) for each call made to directory assistance.

14. Termination. GigabitNow reserves the right to terminate or discontinue the Service at any time, for any reason or for no reason, in GigabitNow’s sole and absolute discretion. If GigabitNow discontinues or terminates the Service without fault of the Subscriber, the Subscriber will only be responsible for usage charges accrued while the Service was in effect and the Subscriber will be entitled to a credit for the unused portion of the final month’s charges. If GigabitNow terminates the Service due to the Subscriber’s breach of any provision of this Agreement, then the Subscriber will pay all usage charges and applicable termination fees and will not be entitled to a credit for the unused portion of the final month’s charges.

15. Suspension of Service. GigabitNow reserves the right to suspend the Service, in whole or in part, including any features, at any time in GigabitNow’s sole and absolute discretion. If GigabitNow determines that the suspension of the Service is without fault of the Subscriber, then the Subscriber will receive a credit of the monthly charges for each day the Service was not in effect.

16. License to the Subscriber. GigabitNow hereby grants the Subscriber a non-exclusive license to the IP for the sole purpose of the Subscriber’s use of the Service, and for no other purpose (the “License”). “IP” means any software or other intellectual property that is provided by GigabitNow or used by the Subscriber in connection with the Service, including IP located on GigabitNow’s website (www.gigabitnow.com) for viewing or download, along with all documentation, guides or other information or materials used in connection with the Services. All IP is the sole and exclusive property of GigabitNow or its contractors or partners. The License is valid only during the Term and will automatically terminate upon the expiration or termination of the Term or the termination or discontinuance of the Service for any reason. The Subscriber acknowledges and agrees that the IP is the sole and exclusive property of GigabitNow or its contractors or partners and that nothing herein conveys any interest in the IP to the Subscriber, except the foregoing grant of the License. This paragraph shall survive expiration or termination of the Agreement.

17. Number Transfer on Service Termination. Upon a termination of the Service and timely payment of all charges then due, GigabitNow may release or transfer the terminated Service’s telephone number to the Subscriber’s new service provider, in GigabitNow’s sole and absolute discretion, if GigabitNow is notified in writing by the Subscriber of such requested transfer and all necessary information and consents are provided to GigabitNow:

    1. the new service provider is able to accept such number;
    2. the Subscriber making the request was not in breach of this Agreement at any time during the Term; and,
    3. the requested number to be transferred was not part of a block of numbers, as determined by GigabitNow.
    4. Once a telephone number porting procedure has been initiated, it cannot be aborted for any reason.

18. Trademarks and Service Marks. The Subscriber acknowledges and agrees that the Marks are the sole and exclusive property of GigabitNow and that nothing herein conveys any interest in the Marks to the Subscriber, and the Subscriber may not use or display the Marks. The License does not include the right to use Marks. “Marks” shall mean all or any of GigabitNow’s trade name, logo, trademark, service mark, symbol, code or specification or any abbreviation, contraction, or simulation thereof. This Agreement is not a trademark or service-mark license and does not create a franchise. This paragraph shall survive expiration or termination of the Agreement.

19. Lawful Purposes Only. You may not use the Service in any way that is illegal, improper or inappropriate, as solely determined by GigabitNow.

20. Service Is Not Telecommunications. The Service is an enhancement to the Subscriber’s broadband service and this Service should not be the Subscriber’s primary means of communications. The Service is not a “telecommunications service”. While GigabitNow may use commercially reasonable efforts to provide the Service, no representation or warranty is made to the Subscriber that this Service will be available on any regular or reliable basis. Since this Service is not a telecommunications service, it is not subject to certain regulatory provisions which may limit or reduce the Subscriber’s remedies. The Subscriber is responsible to consider the lack of regulation and other assurances before accepting the Service and the terms of this Agreement.

21. No Operator Assisted Calling; May Not Support x11 Calling. The Service does not provide operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls) or other features that are initiated using the “0” key. In addition, the Service may or may not support 311, 511 and/or other x11 services in one or more (or all) service areas. 911 Services are limited, as described above.

22. No Directory Listing. Telephone numbers assigned to the Subscriber by GigabitNow will not be listed in any telephone directories and may not be listed in a reverse directory. If the Subscriber transfers a number from another telephone company, then that telephone number may or may not be listed in the previous telephone directory. As a result, merchants, banks, creditors, lenders or other parties may not be able to verify Subscriber’s address.

23. Service Not Suitable for Security Systems or Other Critical Uses. It is the Subscriber’s duty to determine whether or not the Service is interoperable with any security systems, medical alert or other critical systems connected to it. GigabitNow does not recommend use of the Service for security or other critical systems and GigabitNow strongly recommends that the Subscriber maintain a “land-line” for use with any equipment that is used with security systems because the Service may fail and cause loss of property or bodily injury when used in connection with a security system. If the Subscriber should determine that the Service will be used with such systems, then the Subscriber assumes all risk of loss if the Service should fail to perform at any time, the Subscriber explicitly accepts the Service in its “as-is” condition, with no representations or warranties by GigabitNow of any kind that the Service is suitable for any particular purpose.

24. No Warranties. The Service is provided “as is”, with no warranties whatsoever; GigabitNow does not, either expressed, implied or statutory, make any warranties, claims or representations with respect to the Service, including, without limitation, there are no warranties of quality, performance, non-infringement, merchantability, or fitness for use or a particular purpose or any other warranties whatsoever. GigabitNow further does not represent or warrant that the Service will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without loss of quality, nor does GigabitNow warrant any connection to or transmission from the internet, or any quality of calls made through the Service.

25. Specific Disclaimer of Liability for Emergency Services. Although GigabitNow attempts to provide the 911 Services described in the 911 Service Terms, GigabitNow does not provide PSAP (Public Safety Answering Point) or any emergency services under any circumstances. Neither GigabitNow nor its officers or employees may be held liable for any claim, damage, or loss that results from the Subscriber’s use of the Services or any failure of the Services to perform. The Subscriber hereby waives any and all such claims or causes of action, arising from or relating to the use of Services to contact emergency services personnel. The Subscriber shall defend, indemnify, and hold harmless GigabitNow, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to the Subscriber in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, the Subscriber or any third party relating to the absence, failure or outage of the Service provided hereunder, including specifically any claims arising out of the failure of GigabitNow to offer emergency services.

26. All at Subscriber’s Own Risk. The Subscriber acknowledges and agrees that the entire risk arising out of the use or performance of GigabitNow software and the Service remains with the Subscriber, to the maximum extent permitted by law.

27. Limitations. Some jurisdictions do not allow some of the exclusions or limitations as set forth in this Agreement, so some of these exclusions may not apply to you.

28. Limitation of 911 Service Liability. GigabitNow will not be liable for any delay or failure to provide the Service, including 911 Service, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

    1. an act or omission of an underlying carrier, service provider, vendor or other third party;
    2. any equipment, network or facility failure, upgrade, modification, shortage or relocation;
    3. force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions;
    4. service, equipment, network or facility failure caused by the loss of electrical power;
    5. any act or omission by the Subscriber or any person using the Service; or
    6. any other cause that is beyond GigabitNow’s control,including,without limitation, a failure of or defect in any equipment, the failure of an incoming or outgoing communication, the inability of communications (including, without limitation, 911 Service) to be connected or completed, or forwarded or the failure of emergency personnel to provide emergency services in a timely fashion.

29. Limitation of Damages. Under no circumstances shall GigabitNow’s aggregate liability to Subscriber under this Agreement exceed the Service charges for the 12 months immediately preceding the event giving rise to the Subscriber’s claim.

30. Disclaimer of Liability for Damages. In no event will GigabitNow, its officers, directors, employees, affiliates or agents or any other service provider who furnishes portions of the services to Subscriber (or those using the Service with or without the permission of Subscriber) in connection with the Service be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the Service, including inability to access emergency service personnel through the 911 service or to obtain emergency help. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not GigabitNow was informed of the likelihood of any particular type of damages.

31. Indemnification. The Subscriber shall defend, indemnify, and hold harmless GigabitNow, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to the Subscriber in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, Subscriber or any third party or user of the Service (with or without permission of the Subscriber), relating to the Services, including, without limitation, the 911 Service.

32. Survival of Certain Provisions. Notwithstanding the expiration or termination of this Agreement, and except for the Subscriber’s obligation to pay charges for the Services during the Term, the remainder of this Agreement shall survive the termination or expiration of the Term.

33. Governing Law & Venue. This Agreement and the relationship between the Subscriber and GigabitNow is governed solely by the substantive laws of the State of Washington. The Subscriber and GigabitNow irrevocable consent to submit to the laws of a court of competent jurisdiction located in King County, WA. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in King County, WA and they irrevocably waive any objection as to venue or inconvenient forum.

34. No Jury Trial. The parties hereby waive any right to have any claim tried in a jury trial and all such claims shall be tried in front of a judge with competent jurisdiction.

35. Claims Barred After One Year. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service must be filed within one year after such claim or cause of action arose or be forever barred.

36. Assignment. The Subscriber may not assign this Agreement or any rights hereunder. GigabitNow may assign this Agreement or any rights hereunder at any time to any party, as GigabitNow shall determine in its sole discretion and without giving prior notice.

37. No Waiver. The failure of GigabitNow at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by GigabitNow.

38. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between the Subscriber and GigabitNow with respect to the subject matter hereof and this Agreement will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Any amendments or modifications or waivers to this Agreement must be in writing or will be without any effect.

39. Severability. If any part of this Agreement is declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

40. Privacy Not Ensured. As a “voice over the internet protocol” service, the Service utilizes, in whole or in part, the public internet, other backbone service providers, third party routers and networks, as well as other parties and equipment. As such, GigabitNow is not able to assure the Subscriber of any level of privacy when using the Service and the Subscriber should not have any expectation of privacy when using the Service. GigabitNow is not liable for any lack of privacy which may be experienced with regard to the Service.

41. Communication with Subscriber. GigabitNow will use the email address of Subscriber for notification of billing actions, service requests, support, and relationship messages. Subscriber is responsible for ensuring the email address with GigabitNow is available for receipt of electronic messages. Relationship messages (such as newsletters) will be sent either to the email address or physical address of Subscriber. Subscriber can request to “opt out” of relationship messages.

42. Service Calls. If we dispatch a technician at your request to your physical location, you will be billed for the visit at GigabitNow’s standard rate; however, if GigabitNow determines that the problem was not due to matters you are responsible for, then GigabitNow will normally waive the charges. If a technician from a circuit service partner of GigabitNow is dispatched to your business location, you will be billed for the visit at the same amount, if any, that GigabitNow is billed by the 3rd party service partner for the service call. You will be credited back for some or all of the service call charges if the service partner agrees the problem was not your responsibility and credits GigabitNow back.