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Terms and Conditions

Master Terms and Conditions for all GigabitNow customers and for all users of GigabitNow websites. This Master Terms and Conditions Agreement (the “Master Agreement”) is applicable to customers and users (“You”) of GigabitNow and all other GigabitNow affiliated entities (“GigabitNow”). GigabitNow is a Washington corporation. Its address is: 12842 Interurban Ave S, Seattle, WA 98168.

This Master Agreement specifies general terms and conditions You accept and agree to abide by when accessing or using any service or website provided by GigabitNow. If You do not agree to be bound by the terms and conditions in this Master Agreement, do not use or access GigabitNow’s site or services. GigabitNow provides its services subject to Your compliance with the terms and conditions herein.

If You have a separate signed contract with GigabitNow for specific services, that contract will be controlling over and supersede any inconsistent language in this Master Agreement.

This Master Agreement may be modified or terminated by GigabitNow at any time, without prior notification to You unless a separate agreement exists between You and GigabitNow which requires advance notification or approval of such changes. You agree to abide by the terms and conditions in this Master Agreement and all subsequent modifications of this Master Agreement. Your continued use of the services provided by GigabitNow following GigabitNow’s posting of any changes to this Master Agreement will constitute Your acceptance of such changes or modifications. If You do not agree to any such changes, do not continue to use GigabitNow services or this site. Failure to abide by these terms and conditions may, at GigabitNow’s option, result in the termination of any or all services GigabitNow is providing to You.

You consent to receive communications from GigabitNow by electronic mail. GigabitNow’s notification email address, which must be used in any official communication with GigabitNow, is notifications@gigabitnow.com. It is Your responsibility to ensure that GigabitNow has a valid email address for You on file. GigabitNow’s inability to contact You via email due to a missing, inaccurate, incomplete, or inaccessible email address will waive GigabitNow’s obligation to attempt to contact You.

If any part of this Master Agreement is found to be unenforceable or unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

You may not enter into this Master Agreement (and thus may not use the services provided by GigabitNow) if You are less than 18 years old.

You acknowledge that GigabitNow may attempt to assist You by phone or email with a variety of technical issues but that You are solely responsible for Your equipment and internal network and for the cost of any consultants or vendors You engage to assist You with any issues You may have with regard to Your internet services from GigabitNow.

You acknowledge that it is your responsibility to back up all data and code on your servers and websites. You agree that GigabitNow has no responsibility to cache or maintain email or USENET news postings sent either to or from Your account. You agree that if You use a GigabitNow spam and/or virus filtering service that (a) You release GigabitNow from any obligation to cache or maintain such email, any responsibility for errors or omissions introduced when GigabitNow’s services alter or delete such email, and/or any obligation to deliver such email either to or from Your account, and (b) You understand that such services are not perfect and that the use of such services or software will reduce, but not eliminate, spam and/or virus infected email You may receive.

GigabitNow has the right, but not the obligation, to monitor any activity and content associated with its sites or services. GigabitNow may investigate any complaint or reported violation of its policies and take any action it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on a hosted web site.

GigabitNow also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials and regulatory agencies. In order to cooperate with governmental requests, to protect GigabitNow’s systems and customers, or to ensure the integrity and operation of GigabitNow’s business and systems, GigabitNow may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and posted content. You hereby consent to such action by GigabitNow.

GigabitNow provides its web site and services “as is” and without any warranty or condition, express, implied or statutory. GigabitNow further specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement for the services as provided. GigabitNow further disclaims any express or implied warranties that the site or service will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error.

If in connection with your allegedly illegal activities, law enforcement officials seize a server in a GigabitNow data center that your website is running on, you agree you are liable for all damages suffered by GigabitNow and other customers affected as a result of such seizure, and you agree that GigabitNow shall have no liability to you as a result of that seizure.

In no event shall GigabitNow be liable for any lost profits or any special, incidental, consequential, or punitive damages arising out of, relating to, or in connection with, directly or indirectly, or intentionally or negligently, the use of GigabitNow’s site, services or this agreement. GigabitNow’s liability to any user or any third parties in any circumstance is limited to $100.

You agree that the location for any litigation arising out of this Master Agreement or Your use of GigabitNow services will be in King County, Washington and You agree to waive all rights to request or enforce a change of such location (venue). You agree that the prevailing party in any litigation brought under this Master Agreement will be entitled to receive its reasonable attorney’s fees and court costs from the other party.

You agree not to knowingly transmit, or knowingly permit to be transmitted via any system You control or should control, to or across any site or service operated by GigabitNow, any content consisting of unsolicited commercial email or excessive amounts of commercial Usenet postings (“spam”), or any material designed to discover and/or breach the security systems of GigabitNow or any third party (“hacking”), or any content known to contain a software virus or Trojan horse (“infected material”), or any content otherwise illegal to possess or transmit under the laws or regulations of the State of Washington or the United States of America (“illegal content”). You agree not to fraudulently forge email headers, Usenet headers, IP packet information, or engage in any other activity designed to hide the point of origin of any content You transmit to or through the GigabitNow system (“spoofing”). Standard network techniques such as network address translation or e-mail proxies are not considered “spoofing.” You agree not to knowingly attempt to cancel, supersede or otherwise interfere with email or Usenet posts other than those You originate (“cancel bots”). You agree not to use any third party site or service to promote a GigabitNow site or service in an abusive manner (“hostile redirection”). You agree not to place or store material on GigabitNow sites or services that infringe a third party’s copyright or trademark rights, and/or are comprised in whole or in part of illegally obtained trade secrets.

GigabitNow reserves the right to terminate Your service immediately and without notification if You or any system under Your control engages in the transmission of spam, hacking, transmission of infected material, transmission or possession of illegal content, spoofing, use of cancel bots, hostile redirection, acts of illegal storage, or any other violation of GigabitNow’s Network Abuse Policies.

You acknowledge GigabitNow’s right to take all available legal and technical steps, including remotely scanning Your ports, to prevent fraudulent or counterfeit e-mail from entering, utilizing or remaining within the GigabitNow system. You grant GigabitNow power of attorney to take all legal and technical steps to prevent the transmission of any and all email to or through any GigabitNow equipment or server that GigabitNow determines, in GigabitNow’s sole discretion, to be undesirable in any way and for any reason, including, without limitation, blacklisting, unsubscribing, opting out, and/or initiating legal actions against the senders of such email.

Per the Digital Millennium Copyright Act, GigabitNow is registered with the United States Patent and Trademark Office as an online service provider. GigabitNow’s designated agent for notification of infringements is Stephen Milton. Mr. Milton can be contacted through a Copyright Infringement notice or via (milton@gigabitnow.com). As such, GigabitNow will, upon notice of copyright infringement by the copyright holder, block outside access to any allegedly infringing materials. If the user in question gives counter-notice, GigabitNow will forward such counter-notice back to the copyright holder. If the copyright holder does not file a legal action against the user in question within 14 days, GigabitNow will re-instate access to the alleged infringing materials.

You acknowledge that the Internet is an inherently insecure environment and that any computer or other equipment You attach to the Internet or to any network attached to the Internet may become the target of computer hackers. You are solely responsible for keeping Your machines secure and free of viruses or other harmful programs that can directly or indirectly interfere with the operations of GigabitNow’s sites and services, and that of third parties connected to GigabitNow’s networks. You are solely responsible for guarding against and repairing Your computers and other systems from any infection by malicious code or unauthorized use.

You understand and agree that the internet contains unedited materials, some of which are sexually explicit or may be offensive. You access such materials at Your own risk. GigabitNow has no control over and accepts no liability or responsibility whatsoever for such materials.

GigabitNow’s websites contain links to other external websites that may be useful to You. GigabitNow is not responsible for the privacy practices or the content of these external websites.

GigabitNow will not be held liable for any charges or incidental fees that You may incur through the normal use of Your service. This includes long distance charges incurred by calling a long distance phone number to receive customer support or to connect to GigabitNow sites or services. You agree to be solely responsible for these fees.

You agree not to resell (or provide free of charge) any GigabitNow site or service to any third party without first entering into a Reseller Agreement with GigabitNow.

If You purchase services from GigabitNow in one to three month increments, no pro-ration of Your prepaid fees will be made in the event of cancellation or termination of service. If You purchase services from GigabitNow in an increment longer than three months, in the event of termination or cancellation, and absent a contrary provision in Your service contract, You will be responsible for 100% of the balance of the remaining payments under Your service contract as of the date of Your cancellation or termination. If You purchase services from GigabitNow which included a rebate or a discount for length of contract and Your service is cancelled or terminated prior to the end of that period, the discount will be revoked and You will be billed for and will be responsible for immediately paying the difference. GigabitNow reserves the right to reduce any refund by offsetting expenses GigabitNow may have occurred as a result of damages You or Your equipment may have caused. All equipment owned by GigabitNow must be promptly returned to GigabitNow when Your service ends.

All termination or cancellation notices from You must be sent to cancellations@gigabitnow.com, and please check Your next billing to be sure Your cancellation email was received and processed.

You agree to pay when due for the valid charges for GigabitNow services and agree that such timely payment is an essential condition for GigabitNow services. Faxed copies of signatures shall be as legally binding as original signatures. Any over billing errors must be reported to GigabitNow within 90 days of the error, and adjustments or refunds for errors over 90 days will not be made. GigabitNow reserves the right to bill You for any item that has not been billed to You and should have been.

For all payments received more than 10 days after the Billing Date GigabitNow reserves the right to assess a late fee equal to 1.5% of the amount due.

You agree to pay for any expenses incurred by GigabitNow with a third party vendor because of erroneous personal information You have provided to GigabitNow.

If a GigabitNow technician is dispatched 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.

You agree not to make an offer of employment to any GigabitNow employee. You agree not to offer any GigabitNow employee a commission, gratuity or any other emolument for or in connection with the performance of that employee’s duties.

Except as otherwise set forth in Your Internet Service Agreement or Order, Your GigabitNow services are exclusive of all other telecommunications services (the “Telco”) which may be required to establish connection for You to GigabitNow, and all such costs and the associated terms and conditions required by the Telco to perform such services shall be directly between You and any Telco provider.

There is a Regulatory Cost Recovery Charge for some of the services offered by GigabitNow. When applicable, this charge helps defray the costs of various regulatory, vendor and governmental charges in connection with providing the Services. These charges may include various state or local taxes, TSF fees, governmental Internet access fees, network telephone service fees, and other third party charges and fees, but does not include federal Universal Service Fund charges when applicable. For Service locations in Washington State the recovery charge is 12%; for Service locations outside of Washington State the recovery charge is 5%.

You specifically waive Your right to sue or ability to assign Your rights for any losses. If You and GigabitNow enter into a separate service agreement that provides for a different termination process, that process will explicitly acknowledge and supersede this clause.

If GigabitNow’s direct out-of-pocket circuit costs for Customer increase more than 50%, GigabitNow may request price renegotiation, and if not mutually agreeable then GigabitNow may give a 30-day notice to cancel Your service.

GigabitNow provides Internet services on the basis of reasonable availability. It may, without notice, disconnect all or part of its network from external internet connections for maintenance, equipment replacement, or for network security. You agree that GigabitNow’s failure to maintain uninterrupted or continuous connection to the internet at any rate of transmission including total service outage is not cause for termination of any service agreement You may have entered into with GigabitNow, nor is it cause for reimbursement of any damages or harm that may be caused by such interruptions. You agree that You understand that the nature of the internet and the TCP/IP network protocol used by internet services defines no specific quality of service, and that packets transmitted to or from GigabitNow and/or to or from the internet may be lost in transmission, misrouted by GigabitNow equipment or the equipment of third parties, or delayed by network latency.

Time is of the essence with regard to all terms and conditions in this Master Agreement.

Because of credit and other constraints, You may not transfer or assign any contract with GigabitNow without the prior written consent of GigabitNow.

GigabitNow will invoice You for any governmental taxes or fees it believes are applicable to Your services. If You fail to pay any such taxes/fees that are properly billed to You, You are solely responsible for payment of any such taxes/fees and penalties or interest.

The language of this Master Agreement is protected by a federal copyright, and the trademark GigabitNow is protected by both state and federal trademark registrations. Unauthorized duplication of language in this Master Agreement and unauthorized use of GigabitNow’s trademark is a violation of federal laws.

The GigabitNow Privacy Policy is part of this Master Agreement.

If You have questions or concerns about our terms and conditions, please send an e-mail to notifications@gigabitnow.com.

Additional Terms and Conditions for Broadband Connection and Dial-Up Customers

  1. You agree to indemnify and hold harmless GigabitNow and its affiliates against any claim or action or damages arising from the operation of Your business or any equipment under Your ownership or control.
  2. You agree not to use any software or hardware, or modify any software or hardware You are provided by GigabitNow or a third party connection provider to enable Your system to transmit or receive data at rates higher than those You have contracted with GigabitNow to provide.
  3. You agree not to connect more than one computer to Your Internet connection either directly or indirectly without prior written permission from GigabitNow.
  4. You agree not to connect any unauthorized device to Your Internet connection.
  5. You agree that You do not own or have any right, title or interest in Your email address if that address is a part of a GigabitNow-owned domain (such as GigabitNow.com), and that GigabitNow may change Your email address at any time for any reason, and that GigabitNow has no obligation to forward email sent to any email address You may maintain or may have once maintained on any GigabitNow system to any other account You may currently or in the future maintain either on a GigabitNow system or a third party system.
  6. You accept and understand that GigabitNow does not review email or USENET news postings sent to or from Your account and is not responsible for their content. You accept and understand that GigabitNow may, from time to time, at Your request or on its own initiative, examine the contents of email directed to or from Your account for network administration and troubleshooting, and that You will not be informed of such examination, nor will Your permission be required to conduct such an examination. You accept and understand that email sent to and from Your account is not private.
  7. GigabitNow may, from time to time, without notification or permission, alter inbound email to Your account to remove unsolicited commercial messages.
  8. You agree that GigabitNow does not have any responsibility to notify any third party that Your email address has changed, or that Your email privileges have been revoked or suspended, and that GigabitNow may, at its sole discretion and without notice, reject incoming emails sent to an email address which has been suspended or revoked, and that if it does so, it bears no obligation to notify the sender or You that the email has been rejected.

Additional Terms and Conditions for Domain Name Services (DNS)

  1. You agree that if GigabitNow is providing DNS hosting services (where GigabitNow’s systems are recognized as the authoritative source for DNS entries in Your domain or domains), that GigabitNow is not obligated to ensure that (a) the DNS system is correctly configured, (b) Your DNS entries will be properly resolved, or (c) GigabitNow’s DNS systems will be continuously available on an uninterrupted basis. You further acknowledge that it is Your responsibility to test GigabitNow’s implementation of Your DNS hosting and notify GigabitNow of any misconfiguration or error in that implementation.
  2. You agree that if GigabitNow is providing DNS hosting services (where GigabitNow’s systems are recognized as the authoritative source for DNS entries in Your domain or domains), that You will provide any requested additions or changes in Your domain’s DNS Host, MX, Alias, or other records to GigabitNow via email at dns_admin@gigabitnow.com or through an online request submission, and agree that the number of such changes or entries shall not be unreasonable.
  3. If You are separately maintaining Your DNS and domain registrations with a domain name registrar, You agree that GigabitNow has no obligation to ensure that Your domain registration is maintained in a current status by the registrar, INTERNIC, or any third party. You are solely responsible for ensuring that Your domain registration is kept current and accurate and that Your account (if any) with Your registrar is kept current. If GigabitNow is acting as Your agent to manage Your account with Your registrar, the prior sentence will not apply.
  4. In the event that Your DNS hosting arrangement with GigabitNow is terminated, You agree that GigabitNow has no obligation to provide DNS files, settings, or any other material related to Your DNS entries in GigabitNow’s DNS system to You or any third party, and You agree that GigabitNow has no obligation to forward DNS requests to or from Your new DNS host.

Additional Terms and Conditions for Website Hosting Services

  1. GigabitNow will route Your domain name into its network. In the event You also elects to have GigabitNow register a domain name on Your behalf with a certified registrar, You agree to the Additional Terms and Conditions for Domain Name Registrations below.
  2. You agree that You do not own or have any right, title or interest in Your email address if that address is a part of a GigabitNow-owned domain (such as gigabitnow.com), and that GigabitNow may change Your email address at any time for any reason, and that GigabitNow has no obligation to forward email sent to any email address You may maintain or may have once maintained on any GigabitNow system to any other account You may currently or in the future maintain either on a GigabitNow system or a third party system.
  3. GigabitNow may, from time to time, without notification or permission, alter inbound email to Your account to remove unsolicited commercial messages from competitive services.
  4. You agree that GigabitNow does not have any responsibility to notify any third party that Your email address has changed, or that Your email privileges have been revoked or suspended, and that GigabitNow may, at its sole discretion and without notice, reject incoming emails sent to an email address which has been suspended or revoked, and that if it does so, it bears no obligation to notify the sender or You that the email has been rejected.
  5. If You are separately maintaining Your domain registrations with a domain name registrar, You agree that GigabitNow has no obligation to ensure that Your domain registration is maintained in a current status by the registrar, INTERNIC, or any third party. You are solely responsible for ensuring that Your domain registration is kept current and accurate and that Your account (if any) with Your registrar is kept current. If GigabitNow is acting as Your agent to manage Your account with Your registrar, the prior sentence will not apply.
  6. Any IP number assigned to You will only be used for the agreed service. Upon IP address reassignment or expiration, service cancellation, or termination of Your service, You agree to promptly relinquish to GigabitNow any IP addresses or address blocks previously assigned to You by GigabitNow. GigabitNow reserves the right to reclaim from You any assigned IP addresses that are not used by You within 120 days of their assignment. All Classless Inter-Domain Routing (“CIDR”) network numbers that may be required for the Service shall be provided solely by GigabitNow. When the Service ends, all CIDR numbers must be relinquished to GigabitNow for reallocation to other customers and will not be available for continued use by You.
  7. 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 You experience this problem. This is the sole remedy available to You 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 You), (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 Your network, applications, equipment, or facilities, (iv) negligence and acts or omissions of You, Your customers, employees, contractors or agents or Your 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, or acts of war or terrorism or order of any governmental unit or public safety agency.
  8. If your website is hosted on a GigabitNow-owned server and that server is seized by law enforcement officials as a result of your activities, you agree you are liable for all damages suffered by GigabitNow and other customers affected as a result of such seizure, and you agree that GigabitNow shall have no liability to you as a result of that seizure.

You must give GigabitNow notice of any such service interruption or claim for service credits within 30 days of the event related to the claim. Absent other contract language, issuance of service credits is at the discretion of GigabitNow.

Additional Terms and Conditions for Domain Name Registrations

If GigabitNow registers a domain name for You, You agree that GigabitNow will do so with the understanding that GigabitNow is not responsible for the ownership, control, or use of the domain name. In addition to fees required by GigabitNow to perform such domain registration services, You will be also responsible for all fees of the certified registrar for its domain name services. You agree to comply with the rules and procedures of the applicable domain name registries, registrars or other authorities. You represent that neither the registration nor the use of its domain name will infringe on the rights of third parties.

You agree to the “Registration Agreement” set out on gigabitnow.com and agree that any domain name dispute will be resolved in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy.

Additional Terms and Conditions for FiberCity Customers

FCC Opt-Out Plan for Customer Proprietary Network Information (CPNI) for GigabitNow Phone Customers

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 customer specific “Customer 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 customer name, address, or telephone number; aggregate information or data that is not specific to a single customer; customer 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 customer 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 1-866-748-8066 during our normal business hours. Tell us that you wish to restrict our use of your customer 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 1-866-748-8066.

Privacy Policy

GigabitNow is part of the IsoFusion Family of Services. This privacy policy will explain how our organization uses the personal data we collected from you when you use our website.

This Privacy Policy for GigabitNow users (the “Privacy Policy”) is applicable to customers (“You”) who access or use GigabitNow sites or services.

This Privacy Policy is a part of the “Master Terms & Conditions Agreement” (the “Master Agreement”) at www.GigabitNow.com. This Privacy Policy may be modified by GigabitNow at any time without prior notification to You unless a separate agreement exists between You and GigabitNow which requires advance notification or approval of such changes. As a user of GigabitNow’s sites or services, You agree to abide by the terms and conditions in this Privacy Policy and all subsequent modifications of this Privacy Policy. Failure to abide by these terms & conditions may, at GigabitNow’s discretion, result in the termination of any or all services GigabitNow is providing to You.

If any part of this Privacy Policy is found to be unenforceable or unlawful, then that provision shall be deemed severed from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Continuing to use a GigabitNow site or service following GigabitNow’s posting of any changes to this Privacy Policy or the Master Agreement will constitute Your acceptance of such changes or modifications. If You do not agree to any such changes, do not use any GigabitNow site or service.

The version of this Privacy Policy stored at www.gigabitnow.com/legal#privacy is considered the current and binding version of this Privacy Policy.

What data do we collect?

This Privacy Policy covers how GigabitNow treats personal information that GigabitNow collects and receives, including information related to your past use of GigabitNow sites and services. Personal information is information about You that is personally identifiable such as: your name, address, email address, phone number, credit card or billing information, and that is not otherwise publicly available. Our transmission, collection and storage of this information is necessary to render our services. We reserve the right to share your information as needed to collect our billings to You for our services.

This Privacy Policy 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. The GigabitNow web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. This Privacy Policy applies solely to personal information collected by GigabitNow.

How do we collect your data?

GigabitNow collects personal information when You register with GigabitNow, when You use GigabitNow sites and services, and when You visit GigabitNow pages or the pages of certain GigabitNow partners.

GigabitNow may combine information about You that we have with information we obtain from business partners or other companies.

When You sign up for a service, we ask for information such as your name, email address, birth date, gender, zip code, occupation, industry, personal interests, credit card and billing information. Once You register with GigabitNow and sign in to our services, You are not anonymous to us.

GigabitNow collects information about your transactions with us and with some of our business partners. GigabitNow servers automatically receive and record information from your browser, including your IP address, GigabitNow cookie information, and the page You request.

Mobile Application. GigabitNow collects limited user information from those subscribers who use the free GigabitNow mobile application, which augments user’s network controls and reporting.

How will we use your data?

GigabitNow does not provide sites for services for children. Users under the age of 18 may only access GigabitNow sites or services with permission and supervision of their parent or legal guardian. You, and not GigabitNow, are solely responsible for costs, charges or expenses that You incur as a result of the use of our site or service by a minor.

GigabitNow considers the personal information contained in our business records to be confidential. GigabitNow does not rent, sell, or share personal information about You with other people or nonaffiliated companies except to provide sites and services You’ve requested, when we have your permission, or under the following circumstances:

  • We provide the information to trusted partners who work on behalf of or with GigabitNow under confidentiality agreements which limit their use of your personally identifiable information with terms identical to those enumerated in this Privacy Policy. These companies may use your personal information to help GigabitNow communicate with you about offers from GigabitNow and our marketing partners. However, these companies do not have any independent right to share this information.
  • As needed to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
  • When we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of GigabitNow’s terms of use, or as otherwise required by law or law enforcement agencies or for the purpose of national security.
  • We will transfer information about You if GigabitNow is acquired by or merged with another company or if your user account with GigabitNow is sold or transferred to another company.
  • GigabitNow may display targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria — for example, women ages 18–24 from a particular geographic area.
  • 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.

From time to time, You may be asked to voluntarily “opt in” in to marketing programs that will allow us to share your personally identifiable information with a third party. GigabitNow does not warrant that any third party to whom You agree to share your personal information will have or enforce a privacy policy. By “opting in” to any such program You specifically agree that GigabitNow has no responsibility to protect the privacy of any information provided to the third party participating in such a program.

GigabitNow does not provide any personal information to the advertiser when You interact with or view a targeted ad. However, by interacting with or viewing an ad You are consenting to the possibility that the advertiser will make the assumption that You meet the targeting criteria used to display the ad.

GigabitNow may set and access GigabitNow cookies on your computer. We reserve the right to send You certain communications relating to the GigabitNow service, such as service announcements, administrative messages and the GigabitNow Newsletter, that are considered part of your GigabitNow account, without offering You the opportunity to opt-out of receiving them.

We limit access to personal information about You to employees who we believe reasonably need to come into contact with that information to provide sites and services to You or in order to do their jobs.

How do we store your data?

GigabitNow has physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.

Marketing

GigabitNow would like to send you information about products or services of ours that we think you might like.

If you have agreed to receive marketing, you may always opt out at a later date.

You have the right at any time to stop GigabitNow from contacting you for marketing purposes or giving your data to other members of IsoFusion.

If you no longer wish to be contacted for marketing purposes, please send us an email: cancellations@gigabitnow.com.

What are your data protection rights?

GigabitNow would like to make sure You are fully aware of all of your data protection rights. Every user is entitled to the following:

  • The right to access — You have the right to request GigabitNow for copies of Your personal data. We may charge you a small fee for this service.
  • The right to rectification — You have the right to request that GigabitNow correct any information You believe is inaccurate. You also have the right to request GigabitNow to complete information You believe is incomplete.
  • The right to erasure — You have the right to request that GigabitNow erase Your personal data, under certain conditions.
  • The right to restrict processing — You have the right to request that GigabitNow restrict the processing of your personal data, under certain conditions.
  • The right to object processing — You have the right to request that GigabitNow’s processing of Your personal data, under certain conditions.
  • The right to data portability — You have the right to request that GigabitNow transfer the data that we have collected to another organization, or directly to You, under certain conditions.

What are cookies?

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology.

For further information, visit allaboutcookies.org.

How do we use cookies?

GigabitNow uses cookies in a range of ways to improve your experience on our website, including:

  • Understanding how you use our website
  • Platforms to communicate to audience about products and services
  • Marketing automation to communicate about products and services

What types of cookies do we use?

There are a number of different types of cookies, however, our website uses:

Functionality

GigabitNow uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.

Advertising

GigabitNow uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. GigabitNow sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.

Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Ads conversion tracking is an analytics service provided by Google LLC, depending on the location this Application is accessed from that connects data from the Google Ads advertising network with actions performed on this Application.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States — Privacy Policy; Ireland — Privacy Policy. Privacy Shield participant.

Google Analytics with Anonymized IP

Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network. The integration of Google Analytics anonymizes your IP address. It works by shortening Users’ IP addresses within member states of the European Union or in the other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the complete IP address be sent to a Google server and shortened within the US.

Personal Data collected: Cookies and Usage Data.

Place of processing: Unites States — Privacy Policy — Opt Out, Ireland — Privacy Policy. Privacy Shield participant.

User ID Extension for Google Analytics

Google Analytics on this Application makes use of a feature called User ID. This setup allows for a more accurate tracking of Users by associating that User with the same ID over various sessions and devices. It is set up in a way that doesn’t allow Google to personally identify an individual or permanently identify a particular device of Users by associating that User with the same ID over various sessions and devices. It is set up in a way that doesn’t allow Google to personally identify an individual or permanently identify a particular device.

The User ID extension might make it possible to connect Data from Google Analytics with other Data about the User collected by the Application.

The opt-out link below will only opt you out for the device you are on, but not from tracking performed independently by the Owner. Contact the Owner via the email address provided in this privacy policy to object to the aforementioned tracking as well.

Personal Data collected: Cookies.

Place of processing: United States — Privacy Policy — Opt Out; Ireland — Privacy Policy. Privacy Shield participant.

Facebook Ads conversion tracking (Facebook pixel) (Facebook, Inc.)

Facebook Ads conversion tracking (Facebook pixel) is an analytics service provided by Facebook, Inc. that connects data from the Facebook advertising network with actions performed on this Application. The Facebook pixel tracks conversions that can be attributed to ads on Facebook, Instagram and Audience Network.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States — Privacy Policy. Privacy Shield participant.

Google Analytics Advertising Reporting Features

Google Analytics on this Application has Advertising Reporting Features activated, which collects additional information from the DoubleClick cookie (web activity) and from device advertising IDs (app activity). It allows the Owner to analyze specific behavior and interests Data (traffic Data and Users’ ads interaction Data) and, if enabled, demographic Data (information about the age and gender).

Users can opt out of Google’s use of cookies by visiting Google’s Ads Settings.

Personal Data collected: Cookies, unique device identifiers for advertising (Google Advertiser ID or IDFA, for examples and various types of Data as specified in the privacy policy of the service.

Place of processing: United States — Privacy Policy — Opt Out; Ireland — Privacy Policy. Privacy Shield participant.

Facebook Ads

Interaction with live chat platforms — This type of service allows Users to interact with third-party live chat platforms directly from the pages of this Application, for contacting and being contacted by this Application support service.

If one of these services is installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service. Moreover, live chat conversations may be logged.

Google Analytics Advertising Reporting Features

Google Analytics on this Application has Advertising Reporting Features activated, which collects additional information from the DoubleClick cookie (web activity) and from device advertising IDs (app activity) it allows the Owner to analyze specific behavior and interests Data (traffic Data and Users’ ads interaction Data) and, if enabled, demographic data (information about the age and gender).

Users can opt out of Google’s use of cookies by visiting Google’s Ads Settings

Personal data collected: Cookies, unique device identifies for advertising (Google Advertiser ID or IDFA for example) and various types of Data as specified in the privacy policy of the service.

Place of processing: United States — Privacy Policy — Opt. Out; Ireland — Privacy Policy — Opt Out. Privacy Shield participant.

Google Analytics Demographics and Interests Reports

Google Analytics Demographics and Interests reports is a Google Advertising Reporting feature that makes available demographic and interests Data inside Google Analytics for this Application (demographics means age and gender Data).

Users can opt out of Google’s use of cookies by visiting Google’s Ads Settings

Personal Data collected: Cookies and unique device identifiers for advertising (Google Advertiser ID or IDFA for example).

Place of processing: United States — Privacy Policy — Opt. Out; Ireland — Privacy Policy — Opt Out. Privacy Shield participant.

Hotjar

Hotjar is used to better understand our user’s needs and to optimize this service and experience. Hotjar is a technology service that helps to better understand our users experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices (in particular device’s IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website). Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar’s privacy policy.

Users can opt out of Hotjar’s tracking cookies on other websites by following this opt-out link.

Personal Data collected: Cookies and Usage Data. Place of processing: United States — Privacy Policy.

Performance and Features (A/B testing)

The services contained in this section allow the Owner to track and analyze the User response concerning web traffic or behavior regarding changes to the structure, text or any other component of this Application.

Google Website Optimizer

Google Website Optimizer is an A/B testing service provided by Google Ireland Limited (“Google”). Google may use Personal Data to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookies and Usage Data.

Place of processing: Ireland — Privacy Policy. Privacy Shield participant.

Email Marketing

MailChimp Automation

Mailchimp is our marketing automation platform used to provide email marketing services which collects email addresses and data usage. When You choose to join our email newsletter, the email address that You submit to us, You acknowledge that the information you provide will be transferred to MailChimp for processing in accordance to their privacy policy and terms.

Personal Data collected: Email address, Cookies and Usage data.

Place of processing: United States — Privacy Policy. Privacy Shield participant.

Interaction with External Social Networks and Platforms

This type of service allows interaction with social networks or other external platforms directly from the pages of this Application.

The interaction and information obtained through this Application are always subject to the User’s privacy settings for each social network.

This type of service might still collect traffic data for the pages where the service is installed, even when Users do not use it.

It is recommended to log out from the respective services in order to make sure that the processed data on this Application isn’t being connected back to the User’s profile.

Facebook Like button and social widgets (Facebook, Inc.)

The Facebook Like button and social widgets are services allowing interaction with the Facebook social network provided by Facebook, Inc.

Personal Data collected: Cookies and Usage data.

Place of processing: United States — Privacy Policy. Privacy Shield Participant.

Interaction with live chat platforms

This type of service allows Users to Interact with third-party live chat platforms directly from the pages of this Application for contacting and being contacted by this Application support service.

If one of these services installed, it may collect browsing and Usage Data in the pages where it is installed, even if the Users do not actively use the service. Moreover, live chat conversations may be logged.

Tawk.to

Tawk.to is a communication platform used to collect Data usage, location and other information from what the User provides to Tawk.to for the purpose of connecting the User to our website services.

Personal Data collected: Cookies and Data Usage.

Place of Processing: United States — Privacy Policy. Privacy Shield participant.

Remarketing and Behavioral Targeting

This type of service allows this Application and its partners to inform, optimize and serve advertising based on past use of this Application by the User.

This activity is performed by tracking Usage Data and by using Cookies, information that is transferred to the partners that manage the remarketing and behavioral targeting activity.

In addition to any opt out offered by any of the services below, the User may opt out of a third-party service’s use of cookies by visiting the Network Advertising Initiative opt-out page.

Google Ads Remarketing is a remarketing and behavioral targeting service provided by Google LLC or by Google Ireland Limited, depending on the location this Application is accessed from that connects the activity of this Application with the Google Ads advertising network and the DoubleClick Cookie.

Users can opt out of Google’s use of cookies for ads personalization by visiting Google’s Ads Settings.

Personal Data collected: Cookies and Usage Data

Place of processing: United States — Privacy Policy — Opt Out; Ireland — Privacy Policy — Opt Out. Privacy Shield participant.

Remarketing with Google Analytics

Remarketing with Google Analytics is a remarketing and behavioral targeting service provided by Google LLC or by Google Ireland Limited, depending on the location this Application is accessed from that connects the tracking activity performed by Google Analytics and its Cookies with Google Ads advertising network and the DoubleClick Cookie.

Personal Data collected: Cookies and Usage Data.

Place of processing: Unites States — Privacy Policy — Opt Out; Ireland — Privacy Policy. Privacy Shield participant.

Facebook Custom Audience (Facebook, Inc.)

Facebook Custom Audience is a remarketing and behavioral targeting service provided by Facebook, Inc. that connects the activity of this Application with the Facebook advertising network.

Personal Data collected: Coolies and Usage Data.

Place of processing: United States — Privacy Policy — Opt Out. Privacy Shield participant.

Facebook Remarketing

Facebook Remarketing is a remarketing and behavioral targeting service provided by Facebook, Inc. that connects the activity of this Application with the Facebook advertising network.

Personal Data collected: Cookies and Usage Data. Place of Processing: United States — Privacy Policy — Opt Out. Privacy Shield participant.

Tag Management

This type of service helps the Owner to manage the tags or scripts needed on this Application in a centralized fashion. This results in the Users’ Data flowing through these services, potentially resulting in the retention of this Data.

Google Tag Manager

Google Tag Manager is a tag management service provided by Google Ireland Limited.

Personal Data collected: Cookies and Usage Data.

Place of processing: Ireland — Privacy Policy. Privacy Shield participant.

How to Manage Cookies

You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.

Privacy Policies of Other Websites

The GigabitNow website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

Changes to Our Privacy Policy

GigabitNow keeps its privacy policy under regular review and places any updates on this webpage.

How to Contact Us

If you have any questions about GigabitNow’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.

How to Contact the Appropriate Authority

Should you wish to report a complaint or if you feel that GigabitNow has not addressed your concern in a satisfactory manner, you may contact the Insurance Commissioner’s Office.

Call: 1-800-562-6900
Address: PO Box 40255, Olympia, WA 98504-0255

Abuse Policy

System (network) abuse is strictly prohibited. GigabitNow in its sole discretion may terminate or modify service immediately and may bill you for any resulting support charges if you or someone who uses your GigabitNow service engages in system abuse. Following is a list of actions, which are defined to be system abuse. This list is non-exclusive; any action about which there is any doubt should be referred to Network Abuse for evaluation.

Actions which constitute 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 the Internet at large.
  2. Attempting, in any way, to restrict, inhibit, interfere with, or degrade or deny service to any user, any host or any server on the Internet.
  3. Falsifying, altering, or removing message headers.
  4. Violating the regulations, rules or policies applicable to any network, server, computer database, or web site that you access.
  5. Unauthorized port scanning. Using or distributing devices used for compromising security, such as password gatherers or password guessing programs, decoders, encryption circumvention devices, packet sniffers, unauthorized keystroke loggers, analyzers, cracking tools, or Trojan Horse programs.
  6. Posting inappropriate messages to USENET newsgroups, e.g. posting large numbers of unsolicited posts indiscriminately or posting encoded binary files to USENET newsgroups not specifically named for that purpose.
  7. Attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one’s own.
  8. Engaging in harassment, whether through language, frequency, or size of messages. Using an account at another service provider to promote a GigabitNow web site in an abusive manner.
  9. Using a GigabitNow account or network connection to collect replies to messages sent from another provider which violate these rules or those of that provider or to participate in an illegal scheme.
  10. Reselling GigabitNow services to third parties who do not abide by these guidelines.
  11. Using GigabitNow’s system or equipment in support of activities that would, if conducted on GigabitNow’s system, violate GigabitNow’s Network Abuse Policies.
  12. Making any entry into GigabitNow’s websites or system to extract data is unauthorized and prohibited, unless it relates directly to evaluating or using GigabitNow’s commercial or residential services.
  13. Accessing any other person’s computer or computer system, network, software, or data without his or her knowledge and consent.
  14. 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.
  15. Damage to any GigabitNow equipment in the customer’s possession will void the warranty on that piece of equipment and the customer will be responsible for paying for any resulting repairs or replacements.
  16. Excessive bandwidth usage; defined as using more than 75% of the maximum allowed bandwidth for more than 72 hours in any month. If a customer’s use of the service is found to be excessive, GigabitNow may, in its sole discretion, place additional restrictions on the customer’s service, and suggest an upgrade of the customer’s service plan.
  17. Using any telephony devices connected to the integrated telephone ports on the customer’s network which do not comply with FCC standards for operation on US telephone networks. Use of telephony equipment not designed for US telephone networks is expressly forbidden. Customer will be responsible for paying for any resulting repairs or other losses resulting from non-conforming equipment.
  18. Storing any material or content on, or disseminate any material or content over, GigabitNow’s system in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is GigabitNow’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate service provided to any customer or user who is either found to infringe third party copyright or other intellectual property rights, or who GigabitNow, in its sole discretion, believes is infringing these rights. GigabitNow may terminate service at any time with or without notice for any affected customer or user.
  19. Configuring the GigabitNow service or any related equipment to access or use a static IP address or use any protocol other than dynamic host configuration protocol unless you have a GigabitNow service plan that expressly permits you to do so.
  20. Engaging in any activity which GigabitNow believes, in its sole judgment, to be in support of spamming or bulk e-mail activities, including forwarding or posting “chain letters” (multiple forwarding) of any type.

Transmission of Unsolicited Bulk E-Mail

GigabitNow does not authorize the use of its computer network to accept, transmit or distribute unsolicited bulk e-mail sent from the Internet to its customers. GigabitNow does not authorize the harvesting or collection of screen names from its equipment or customers for the purpose of sending unsolicited bulk e-mail. GigabitNow reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from entering, utilizing or remaining within the GigabitNow system. Unauthorized use of the GigabitNow system in connection with the transmission of unsolicited bulk e-mail or counterfeit or misleading e-mail may result in substantial civil penalties against the sender, including those provided by the 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.).

Anyone who believes there is a violation of the policies above is encouraged to direct that information to our Network Abuse department through our online form or at abuse@gigabitnow.com.