Terms of Service

1. Introduction and Acceptance of Terms

Welcome to FiberNet ("Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FiberNet regarding your use of our fiber internet services, website, and related applications (collectively, the "Services").

By accessing, browsing, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using our Services. We reserve the right to modify these Terms at any time. Your continued use of the Services following any modifications constitutes your acceptance of the updated Terms.

These Terms apply to all users of our Services, including but not limited to customers, visitors, and individuals accessing our website or utilizing our internet service. If you are using our Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Service Description and Availability

FiberNet provides high-speed fiber optic internet services to residential and commercial customers. Our Services include internet connectivity, technical support, and related features as described on our website. The specific speeds, features, and terms of service depend on the plan you select.

Service availability is subject to location and infrastructure capabilities. We make reasonable efforts to provide continuous service; however, we do not guarantee that our Services will be available at all times or in all locations. Service interruptions may occur due to maintenance, upgrades, technical issues, or circumstances beyond our reasonable control.

We reserve the right to modify, suspend, or discontinue any portion of our Services at any time, with or without notice. We will make reasonable efforts to provide advance notice of planned service changes or discontinuations that affect our customers.

3. User Accounts and Registration

To use certain Services, you may be required to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

You are solely responsible for maintaining the security of your password and account information. We are not responsible for any unauthorized access to your account resulting from your failure to maintain account security. You agree to accept responsibility for all activities that occur under your account, whether authorized by you or not.

You agree to provide truthful and accurate information during the registration process and to update such information as necessary. Providing false information or impersonating another person may result in immediate termination of your account and legal action.

4. Payment Terms and Billing

By selecting a service plan, you authorize FiberNet to charge your designated payment method for the fees associated with your chosen plan. You agree to pay all charges incurred under your account in accordance with the pricing and billing terms disclosed at the time of purchase.

Billing occurs on a monthly basis unless otherwise specified. Your billing cycle begins on the date your service is activated and continues monthly on the same date. All fees are exclusive of applicable taxes, which will be added to your bill as required by law.

You are responsible for updating your payment information if your card expires or payment details change. If payment fails, we may suspend your Services until payment is received. Repeated payment failures may result in account termination. Any refunds or credits are issued at our sole discretion and in accordance with our refund policy.

5. No Contracts and Cancellation Policy

FiberNet offers contract-free service, meaning you are not locked into a long-term agreement. You may cancel your Services at any time by providing written notice to our customer service team. Cancellation requests must be submitted in writing via email, phone, or through your online account portal.

Your cancellation becomes effective at the end of your current billing cycle. You are responsible for all charges through the end of your billing cycle. Upon cancellation, you must return any equipment provided by FiberNet in good condition. Failure to return equipment may result in equipment replacement charges.

We reserve the right to suspend or terminate your Services if you violate these Terms, fail to pay charges, or engage in prohibited activities. Termination for cause may result in forfeiture of any remaining service credits or promotional benefits.

6. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in a manner that does not violate the rights of others or restrict their use and enjoyment of the Services. Prohibited behavior includes:

• Harassing, threatening, defaming, or abusing other users or third parties
• Transmitting obscene, offensive, or indecent material
• Engaging in any form of illegal activity or fraud
• Distributing viruses, malware, or other harmful code
• Unauthorized access to or use of computer systems or networks
• Excessive bandwidth usage that negatively impacts other users
• Operating an unauthorized server or service
• Selling, reselling, or sharing your Services with unauthorized parties
• Circumventing security measures or network management tools
• Copyright infringement or distribution of copyrighted material without authorization

We reserve the right to monitor network activity and take action against users engaging in prohibited behavior, including suspension or termination of Services without refund. We may also cooperate with law enforcement and legal authorities regarding illegal activity.

7. Intellectual Property Rights

All content on our website and in our Services, including text, graphics, logos, images, audio, video, and software, is the property of FiberNet or our content providers and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use this content for personal, non-commercial purposes only.

You may not reproduce, modify, distribute, transmit, display, or sell any content from our Services without our prior written consent. Unauthorized use of our intellectual property may result in legal action and liability for damages.

If you believe your intellectual property rights have been infringed, please contact us with detailed information about the alleged infringement, and we will investigate and take appropriate action.

8. Limitation of Liability and Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIBERNET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF FIBERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO FIBERNET IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FIBERNET DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FIBERNET DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above disclaimers may not apply to you. In such cases, any implied warranties are limited to the duration of this agreement or as otherwise required by law.

9. Uptime Guarantee and Service Credits

FiberNet maintains a 99.9% uptime guarantee for our Services. This means our Services will be available and functional 99.9% of the time during each calendar month, measured by our monitoring systems. Scheduled maintenance windows and service interruptions caused by circumstances beyond our reasonable control are excluded from this calculation.

If we fail to meet our 99.9% uptime guarantee in any calendar month, you may be eligible for a service credit. Service credits are the sole and exclusive remedy for service unavailability and must be requested in writing within thirty days of the incident. Service credits are applied to your account as a credit toward future services and are non-transferable and non-refundable.

Service credits are calculated based on the percentage of uptime not achieved and the monthly service fee. Credits will be issued in accordance with our service level agreement terms. This uptime guarantee does not apply to service interruptions caused by your equipment, network configuration, or actions.

10. Price Guarantee and Rate Protection

FiberNet offers a price guarantee of up to five years on select plans. This means your monthly service rate will not increase during the guarantee period, provided you maintain continuous service and remain in good standing with your account.

The price guarantee applies only to the base service rate and does not include taxes, regulatory fees, or other governmental charges, which may increase at any time. After the guarantee period expires, your rates may be subject to increase with thirty days' written notice.

The price guarantee is non-transferable and applies only to the original account holder. If you cancel and reactivate service, you will be subject to current pricing and may not be eligible for the original price guarantee terms.

11. Indemnification

You agree to indemnify, defend, and hold harmless FiberNet, its officers, directors, employees, agents, and affiliates from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from or related to your use of our Services, your violation of these Terms, your violation of any law or regulation, or your infringement of any third-party rights.

This indemnification obligation applies to all claims, whether known or unknown, disclosed or undisclosed, and regardless of the theory of liability (contract, tort, strict liability, or otherwise).

12. Third-Party Links and Services

Our website and Services may contain links to third-party websites and services that are not operated by FiberNet. We are not responsible for the content, accuracy, or practices of these third-party sites. Your use of third-party services is governed by their terms of service and privacy policies, not ours.

We do not endorse or warrant any third-party products or services, and your access to and use of such services are at your own risk. FiberNet shall not be liable for any damage or loss caused by or related to your use of third-party services or content.

13. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our Services, you consent to our collection and use of your information as described in our Privacy Policy.

We are committed to protecting your data and maintaining industry-standard security measures. However, no data transmission over the internet is completely secure, and we cannot guarantee absolute security of your information.

14. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which FiberNet operates, without regard to its conflict of law principles. Any dispute arising from or related to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

Before pursuing legal action, we encourage you to contact us to attempt to resolve any dispute informally. If informal resolution is unsuccessful, you agree to attempt mediation before initiating litigation.

You agree that any legal action or proceeding must be brought within one year after the claim arises, or it will be forever barred.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect. The severed provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the intent of the original provision.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and FiberNet regarding your use of our Services and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

If there is any conflict between these Terms and any other agreement, these Terms shall control unless the other agreement is specifically referenced and incorporated herein by reference.

17. Contact Us

If you have any questions, concerns, or disputes regarding these Terms or our Services, please contact us using the information below:

18. Modifications to Terms

FiberNet reserves the right to modify these Terms at any time. We will notify you of significant changes via email or by posting a notice on our website. Your continued use of our Services following any modifications constitutes your acceptance of the updated Terms. If you do not agree to any modifications, you must discontinue your use of our Services.

We will make reasonable efforts to provide at least thirty days' notice before implementing material changes to these Terms. However, changes required by law may be implemented immediately.

19. Waiver

The failure of FiberNet to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of FiberNet. The waiver of any breach or default shall not constitute a waiver of any subsequent breach or default.

20. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without FiberNet's prior written consent. Any attempted assignment without consent is void. FiberNet may assign its rights and obligations under these Terms to any successor or affiliate without notice to you.