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 supercede 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 firstname.lastname@example.org. 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, supercede 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 (email@example.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 firstname.lastname@example.org, 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 supercede 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.
If You have questions or concerns about our terms and conditions, please send an e-mail to email@example.com.
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.
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.
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.