Subscriber shall use only GigabitNow approved/provided ONT, or gateway equipment, to utilize the services. Subscriber shall reimburse GigabitNow on a time-and-materials basis for the cost to repair and/or replace equipment in the event of failure caused by Resident or Community.
GigabitNow strongly recommends that the Subscriber install additional anti-virus software on personal computers and other network-connected devices for the purpose of detection, scanning, and removal of any new or pre-existing system viruses.
Residential Subscriber’s Agreements
Subscriber hereby accepts and agrees to the following:
a) Subscriber shall allow GigabitNow, SiFi Networks and their contractors reasonable and ongoing access to Subscriber’s Property to lay conduit and fiber optic cable, and install, activate, and maintain the necessary hardware on the outside and inside of Subscriber’s home, using appropriate equipment and practices. b) Prior to installation, Subscriber shall notify GigabitNow of any known or suspected hazards on Subscriber’s Property (e.g. unmarked underground propane or diesel lines, sprinkler systems, drainage pipes) that might affect or obstruct the installation process;
c) Subscriber shall register for automatic monthly payments via Electronic Funds Transfer or credit card billing, for services billed at the 1st of every calendar month.
d) Subscriber shall receive an uncapped internet service connection of 2 Gigabits included as part of the HOA (Home Owners Association) benefits at zero cost. Subscribers can upgrade their connection for twenty dollars ($20) per month for an uncapped internet service connection of 5 Gigabits, nineteen dollars and ninety-nine cents ($19.99) per month for Gigabit Wi-Fi Plus with home phone, or nine ($9) per month for Gigabit Wi-Fi Plus without home phone as part of the Services, for the entirety of the term, such prices being subject to change at the commencement of each new term. Additional services and promotional offers have additional terms as stated at the time of order. Taxes and third-party charges, if any, are not included in the above prices and will be charged to Subscriber. e) Subscriber may be given, loaned, leased or sold GigabitNow equipment to utilize GigabitNow’s Services. The Subscriber is responsible for maintaining any equipment on its premises in good working condition. Subscriber shall reimburse GigabitNow on a time and materials basis for the cost to repair and/or replace such equipment in the event of (a) misuse, (b) failure to exercise reasonable care, (c) physical damage, (d) theft, or (e) other loss. Subscriber acknowledges and agrees that title to GigabitNow loaned or leased equipment is retained at all times by GigabitNow and Subscriber agrees to return such GigabitNow equipment within 7 days after the Service terminates or be liable for the purchase price thereof. GigabitNow may, at its option, repair or replace equipment it provides or sells if it malfunctions. GigabitNow provides no guarantees or warrantees for hardware and software products it provides beyond that offered by the manufacturer unless explicitly stated otherwise above. GigabitNow is not responsible for insuring, troubleshooting, diagnosing or repairing Subscriber provided/managed equipment.
f) Subscriber is solely responsible for any costs, labor, and equipment associated with the set-up and proper operation of Subscriber’s individual personal telecommunications devices NOT required by the Services (i.e. the installation and operation of the fiber-optic conduit, cable and Gateway technology described below) and
g) Subscriber acknowledges and agrees that some or all of the Services provided by GigabitNow under this Agreement will be delivered by SiFi Networks and one or more third party contractors (“Contractor”), who will operate and manage the Fullerton Fiber City network and the associated Services provided to Subscriber.
Payment, Cancellations, and Ownership Change.
a) Charges and payments are billed to and payable by Subscriber upon such time as the GigabitNow connection is ordered for installation pursuant to the terms and conditions of this Agreement (“Activation Date”).
b) For Subscriber payment purposes, the initial term of this Agreement commences on the Activation Date. The Activation Date is the date upon which connectivity to the Internet is established. This agreement will automatically renew on a month-to-month basis, or on an annual basis if selected as initial term, unless a written cancellation notice is received from Subscriber at least 30 days prior to the expiration of the then-current term.
c) If Subscriber cancels or denies service prior to completion of the Activation Date the Subscriber is responsible for any and all charges incurred by GigabitNow or its Contractor(s) for installation labor, equipment and materials delivered.
d) If Subscriber requests to cancel the Agreement during its initial Agreement period, Subscriber will be obligated to submit payment for the remainder of the Agreement term. If Subscriber cancels the Agreement during a month-to-month renewal period, Subscriber will be obligated to pay for the then-current one-month term.
e) Subscriber pays in advance for Services, monthly, via credit card or Electronic Funds Transfer, on the prescribed Billing Date. For all payments received more than 15 days after the Billing Date GigabitNow and/or its Contractor reserves the right to assess a $5 late fee, plus any incurred bank charge or fee. Subscriber’s failure to pay outstanding charges for more than 30 days after the Billing Date may result in suspension of Services, and an administrative fee for re-instatement of Services.
f) If a GigabitNow or Contractor technician is dispatched at the request of Subscriber, Subscriber will be billed for services provided at the standard rates of GigabitNow. If GigabitNow or its Contractor determines that the problem was the responsibility of GigabitNow or an associated third party, service charges may be waived.
g) This Agreement is personal to Subscriber and is not transferable.
Cautions and Liability:
a) Emergency 911 phone service is available from GigabitNow, but is currently subject to important limitations, as described on the GigabitNow website (www.GigabitNow.com/fullerton/legal)
b) It is the sole responsibility of the Subscriber to back up all personal data, as GigabitNow does not.
c) GigabitNow strongly recommends that the Subscriber install additional anti-virus software on personal computers and other network- connected devices for the purpose of detection, scanning, and removal of any new or pre-existing system viruses.
d) All Services offered pursuant to this Agreement are subject to the Terms of Service posted on GigabitNow website (www.GigabitNow.com/fullerton/legal), as updated from time to time. It is Subscriber’s responsibility to review the Terms of Service periodically to be informed of their content.
e) GigabitNow provide the Services “as is” and without any warranty, express, implied or statutory, unless expressly set forth in this Agreement. GigabitNow shall not be liable under any circumstances to Subscriber or any third party for any incidental, special, punitive, or consequential damages of any nature whatsoever, including but not limited to lost data or lost profits or revenues, regardless of the foreseeability thereof, occasioned by the actions of GigabitNow or its Contractor(s), or their inability to perform their obligations hereunder, or arising from software or hardware malfunctions.
f) Subscriber hereby agrees to indemnify and hold harmless GigabitNow and its Contractor(s), their directors, officers, officials, employees, agents, committees, and volunteers from any and all liability, claims, injuries, damages, losses, suits, or demands whatsoever against any of them arising out of or in connection with the Services delivered to the Property pursuant to this Agreement and for which GigabitNow or its contractors are not negligent or otherwise solely responsible.
Service Interruptions and Legal Action:
a) In the event of a Service interruption, GigabitNow or its Contractor may provide a credit on the Subscriber’s account. GigabitNow’s Internet service has historically been extremely reliable. In the event of a Service interruption for a full calendar day, GigabitNow will provide an additional day of Service at the end of the stated term for each day Subscriber experiences this problem. This is the sole remedy available to Subscriber for Service disputes and will be granted solely by GigabitNow. A “Service interruption” for this purpose does not include periods when all or part of the network is unavailable due to (i) scheduled network normal maintenance (with at least 24 hours advance notice to Subscriber), (ii) failure or malfunction of equipment, applications or systems not owned or not controlled by GigabitNow or its 3rd party providers, (iii) malfunction or inappropriate engineering of Subscriber’s network, applications, equipment, or facilities, (iv) negligence and acts or omissions of Subscriber, Subscriber’s Subscriber, employees, contractors or agents or its end users, or (v) circumstances or causes beyond the control of GigabitNow or its third party providers, including but not limited to fire, flood, severe storms, earthquake, volcanic eruption, pandemic, or acts of war or terrorism. Subscriber must give GigabitNow notice of any such Service interruption or claim for Service credits within 30 days of the event related to the claim. Unless the Service interruption is caused by failure of GigabitNow’s internal system, no credit can be issued for the time prior to the Subscriber giving GigabitNow notice of the problem. b) Failures of Service by the local exchange or the interexchange carrier, or other third party, or by strikes, labor disturbances, Acts of God, failure to secure a Communications/Data Easement, or any event or force of nature which prevents commencement of the Service or continuation of the Service shall give both GigabitNow and the Subscriber the right to terminate this Agreement without penalty, provided 10 days written notice is first given and the problem is not cured. c) In the event of any suit or other legal action arising from or relating to this Agreement, the laws of the State of California shall apply. Venue shall be in the Superior Court of Orange County, California. The prevailing party shall be entitled to recover all of its reasonable and necessary costs and expenses, including such sum as the Court may judge reasonable for attorney fees, including fees upon appeal of any judgment or ruling.
d) GigabitNow shall not be liable under any circumstances to the subscriber or any third party for any incidental, special, punitive or consequential damages of any nature whatsoever, including but not limited to lost data or lost profits or revenues, regardless of the foreseeability thereof, occasioned by GigabitNow’s actions or inability to perform its obligations hereunder or arising from software or hardware malfunctions. In no event shall GigabitNow’s aggregate liability to a subscriber under the agreement or other contract, for indemnity, contribution, breach of statutory duty, contract claims, negligence, strict liability or other theory or tort, exceed $200. The existence of one or more claims shall not enlarge this limitation. GigabitNow shall have no liability for incidental, special punitive or consequential damages (including lost data or applications or lost profits or revenue) caused primarily by a 3rd party telecom connectivity provider(s), although a service credit may be available.
e) Each party shall be indemnified and held harmless by the other against claims of any third party for damages, losses, or injuries arising out of the negligent or willful act or omission of the other party or its agents, servants, employees, contractors or representatives. If you use GigabitNow broadband or wireless internet service for voice services provided by another company, you realize that GigabitNow does not provide 911 or E911 emergency phone services; those must come from your phone service provider. GigabitNow will not be responsible for any personal injury or death related to 911 or E911 failures. f) All notices required to be in writing hereunder shall be deemed given when received by a party by email, facsimile, courier service, or mail. All notices shall be directed to the signatories at firstname.lastname@example.org. g) The Subscriber signifies its irrevocable acceptance of the terms of service in this Agreement (the “Terms of Service”) upon the earlier of: (i) clicking on the “Submit Order” button during the online order process; (ii) by using the Service; or (iii) activating Subscriber’s account. If the Subscriber does not agree to be bound by these Terms of Service, then Subscriber should not take any of the foregoing actions described in (i) through (iii), and Subscriber should not use the Service. Subscriber is not authorized to use the Service without agreeing to be bound by these Terms of Service. Subscriber is responsible for ensuring that all use of the Service is in accordance with these Terms. Subscriber shall ensure that anyone who uses the Service abides by the Terms of Service. Subscriber shall indemnify and hold GigabitNow harmless for any violation of these Terms of Service by any person using the Service provided to Subscriber, with or without Subscriber’s consent or knowledge.
Property Access License
- Grant of License. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Subscriber hereby grants unto SiFi Networks LLC (“Network Owner”), its parents, subsidiaries, or other affiliated entities and its suppliers, agents, Services providers and contractors, the right, privilege and authority
(i) to deliver, and connect the Premises (listed below) to, all services that the Facilities can support (“Services”),
(ii) to, in its discretion (but without any obligation), access, construct, relocate, replace, operate, repair, maintain, upgrade, configure and remove the fiber optic network facilities (including, but not limited to, fiber optic cables, drops, temporary drops, jumpers, splice enclosures, distribution hubs and distribution terminals, electronic access portals, optical network terminals, power supply units, battery backup units, innerducts, wall plates, conduits, raceways and moldings, copper cables and wires, coaxial cables and wires, jacks interconnection devices, interface modules, optical network equipment cabinets, and associated equipment and facilities) (collectively, the “Facilities”) within the building(s) and improvement(s) and upon, over, under and along the Premises which Subscriber owns or in which Subscriber has an interest and is authorized to enter into this Property Access License (this “License”) and
(iii) to enter the Premises as may be necessary to exercise the rights granted by this License.
- Term; Recordation; Authority. This License shall be irrevocable during any period in which any Services are provided to the Premises and if Subscriber terminates all Services, this License may be terminated by Subscriber upon thirty (30) days’ prior written notice to Network Owner. This License shall run with the land and at Network Owner’s sole discretion, may be recorded in the property records office of the county where the Premises are located. If Network Owner elects to record this License, Subscriber shall reasonably cooperate with Network Owner in recording this License. If Subscriber is not the owner of the Premises, Subscriber represents and warrants that the owner has granted Subscriber authority to grant this License. It is the obligation of the Subscriber to obtain any necessary approval from the owner of the Premises required for this License. At the request of Network Owner, Subscriber shall supply the owner’s name, address and phone number and/or evidence that the rightful owner has provided such approval. Subscriber shall indemnify and hold harmless Network Owner and its contractors and Service providers for claims arising due to Subscriber’s failure to obtain any required approvals or consents prior to granting this License.
- Ownership; No Damage. Unless otherwise provided by applicable law, the Facilities shall remain at all times the Network Owner’s property and shall not become fixtures or in any way a part of the Premises. Subscriber shall not sell, lease, abandon, or give away the Facilities or any part thereof. Subscriber shall not, and shall not permit, damages or loss to the Facilities and upon termination of Services and if requested by Network Owner or Service provider, shall return the Facilities to the Network Owner or Service provider, as the case may be, in good condition. Subscriber shall be liable to Network Owner, and Network Owner may obtain reimbursement directly from Subscriber, for such damages or loss, including enforcement and court costs, and attorney fees. This provision shall survive the termination of this License.
- Limitation of Liability. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF NETWORK OWNER AND ITS SUPPLIERS, AGENTS, PROVIDERS AND CONTRACTORS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES) RELATED TO THIS LICENSE. UNDER NO CIRCUMSTANCES SHALL NETWORK OWNER BE LIABLE TO SUBSCRIBER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, FACILITIES OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. SUBSCRIBER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR THE FACILITIES OR ANY BREACH OF THIS LICENSE, SHALL BE SUBSCRIBER’S ABILITY TO TERMINATE THE SERVICE AND TO TERMINATE THIS LICENSE. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS LICENSE.
- Miscellaneous. Signatures of this License which are transmitted by either physical or electronic means or both are valid for all purposes. If any provision of this License is held by the final judgment of any court of competent jurisdiction to be illegal, invalid or unenforceable, the validity of the remaining portions or provisions must not be impaired or affected, and the rights and obligations of the parties must be construed and enforced as if this License did not contain that certain part, term or provision held to be illegal, invalid or unenforceable. This License constitutes the entire agreement between Subscriber and Network Owner with respect to the license granted hereby and may be amended or altered only by written agreement executed by both parties, and supersedes all prior agreements, whether written or oral, between the parties. This License must be construed and enforced in accordance with the laws of the state in which the Premises are located. This License is binding upon and shall inure to the benefit of the parties and their respective successors and assigns.
FCC Opt-Out Plan for (Subscriber Proprietary Network Information), CPNI
Your Subscriber Proprietary Network Information Rights
In the normal course of providing your telephone service,
GigabitNow maintains certain information about your account. This information, when matched to your name, address and calling or originating billing telephone number, is known as your Subscriber specific “Subscriber Proprietary Network information,” or CPNI for short. Examples include the type of line you have, service features like Touch tone and Caller ID, class of service, telephone charges, long-distance and local service billing records, directory assistance charges, and historical call records and patterns. CPNI does not include things like Subscriber name, address, or telephone number; aggregate information or data that is not specific to a single Subscriber; Subscriber premises equipment; and Internet access service. Under federal law, GigabitNow has a duty to protect your CPNI from unauthorized access or disclosure.
Currently, GigabitNow does not utilize CPNI to market additional services, nor do we sell Subscriber information to any third party. However, the Federal Communications Commission has adopted rules stating that GigabitNow may not use your CPNI to market certain telecommunications related services or features to you if you have requested that the CPNI be considered “restricted/opt-out” for this purpose. If you wish to have your CPNI “restricted/opt-out,” call the GigabitNow office at 1-800-468-3939 during our normal business hours. Tell us that you wish to restrict our use of your Subscriber information. The restriction will remain in effect until you notify us otherwise. Please note that restricting your CPNI will not eliminate all of our marketing contacts with you. You could still receive marketing contacts from us that are not based on your CPNI. Also, we are permitted to use your CPNI to contact you about additional local telephone and other services when we already provide you that same type service. Finally, even if your CPNI is restricted, we may still use it to market any other telecommunications services or features with your permission if you contact us and ask about them. If you choose not to “restrict/opt-out” then GigabitNow is presumed to have permission, 30-days after you receive this notification, to use CPNI to market services until such time as you withdraw that permission. You may withdraw your permission at any time by contacting GigabitNow at 1-800-468-3939.