Legal

General Terms of Use

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

  1. Subscriber accepts all Acceptable Use and Privacy Policy conditions below, and acknowledges that any such violations may result in suspension or termination of Services to Residence.
  2. Subscriber shall allow GigabitNow and its contractors to collect subscriber information (including name, address, phone, email, property information, certain technical and operational data, etc.) relevant to providing services and Help Desk Services to the Subscriber, subject to the GigabitNow Privacy Policy and the Terms of Service.
  3. Subscriber shall use only GigabitNow approved/provided ONT, or gateway equipment, to utilize the services. Subscriber shall reimburse GigabitNow on a time-and-materials basis for the cost to repair and/or replace equipment in the event of failure caused by Resident or Community.
  4. Pursuant to the Privacy Policy of GigabitNow below, Subscriber Network data will not be sold or provided to third parties other than as required by law or legal process.
  5. GigabitNow strongly recommends that the Subscriber install additional anti-virus software on personal computers and other network- connected devices for the purpose of detection, scanning, and removal of any new or pre-existing system viruses.
  6. Residential Subscriber’s Agreements
    Subscriber hereby accepts and agrees to the following:
    a) Subscriber shall allow GigabitNow, SiFi Networks and their contractors reasonable and ongoing access to Subscriber’s Property to lay conduit and fiber optic cable, and install, activate, and maintain the necessary hardware on the outside and inside of Subscriber’s home, using appropriate equipment and practices.
    b) Prior to installation, Subscriber shall notify GigabitNow of any known or suspected hazards on Subscriber’s Property (e.g. unmarked underground propane or diesel lines, sprinkler systems, drainage pipes) that might affect or obstruct the installation process;
    c) Subscriber shall register for automatic monthly payments via Electronic Funds Transfer or credit card billing, for services billed at the 1st of every calendar month.
    d) Subscriber shall pay a minimum of seventy dollars ($60) per month for an uncapped internet service connection of 250Mbps, or seventy-nine dollars ($79) per month for an uncapped internet service connection of 1Gbps, plus twenty-five dollars ($10) per month for any and each optional phone line provided as part of the Services, for the entirety of the term, such prices being subject to change at the commencement of each new term. Taxes and third-party charges, if any, are not included in the above prices and will be charged to Subscriber.
    e) 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
    f) 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.
  7. Payment, Cancellations, and Ownership Change.
    a) Charges and payments are billed to and payable by Subscriber upon such time as the GigabitNow connection is ordered for installation pursuant to the terms and conditions of this Agreement (“Activation Date”).
    b) For Subscriber payment purposes, the initial term of this Agreement commences on the Activation Date. The Activation Date is the date upon which connectivity to the Internet is established. This agreement will automatically renew on a month-to-month basis, or on an annual basis if selected as initial term, unless a written cancellation notice is received from Subscriber at least 30 days prior to the expiration of the then-current term.
    c) If Subscriber cancels or denies service prior to completion of the Activation Date the Subscriber is responsible for any and all charges incurred by GigabitNow or its Contractor(s) for installation labor, equipment and materials delivered.
    d) If Subscriber requests to cancel the Agreement during its initial Agreement period, Subscriber will be obligated to submit payment for the remainder of the Agreement term. If Subscriber cancels the Agreement during a month-to-month renewal period, Subscriber will be obligated to pay for the then-current one-month term.
    e) Subscriber pays in advance for Services, monthly, via credit card or Electronic Funds Transfer, on the prescribed Billing Date. For all payments received more than 15 days after the Billing Date GigabitNow and/or its Contractor reserves the right to assess a $5 late fee, plus any incurred bank charge or fee. Subscriber’s failure to pay outstanding charges for more than 30 days after the Billing Date may result in suspension of Services, and an administrative fee for re-instatement of Services.
    f) If a GigabitNow or Contractor technician is dispatched at the request of Subscriber, Subscriber will be billed for services provided at the standard rates of GigabitNow. If GigabitNow or its Contractor determines that the problem was the responsibility of GigabitNow or an associated third party, service charges may be waived.
    g) This Agreement is personal to Subscriber and is not transferable.
  8. Cautions and Liability:
    a) Emergency 911 phone service is available from GigabitNow, but is currently subject to important limitations, as described on the GigabitNow website (www.GigabitNow.com/Fullerton)
    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), as updated from time to time. It is Subscriber’s responsibility to review the Terms of Service periodically to be informed of their content.
    e) GigabitNow provide the Services “as is” and without any warranty, express, implied or statutory, unless expressly set forth in this Agreement. GigabitNow shall not be liable under any circumstances to Subscriber or any third party for any incidental, special, punitive, or consequential damages of any nature whatsoever, including but not limited to lost data or lost profits or revenues, regardless of the foreseeability thereof, occasioned by the actions of GigabitNow or its Contractor(s), or their inability to perform their obligations hereunder, or arising from software or hardware malfunctions.
    f) Subscriber hereby agrees to indemnify and hold harmless GigabitNow and its Contractor(s), their directors, officers, officials, employees, agents, committees, and volunteers from any and all liability, claims, injuries, damages, losses, suits, or demands whatsoever against any of them arising out of or in connection with the Services delivered to the Property pursuant to this Agreement and for which GigabitNow or its contractors are not negligent or otherwise solely responsible.
  9. Service Interruptions and Legal Action:
    a) In the event of a Service interruption, GigabitNow or its Contractor may provide a credit on the Subscriber’s account. Please refer to the Subscriber Services Terms and Conditions when ordering on the website (www.GigabitNow.com/Fullerton) for a complete statement of current policies on service interruption.
    b) 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.
    c) The parties expressly intend and agree that this Agreement shall be fully executed and enforceable upon the electronic signature of Subscriber.
    d) All notices required to be in writing hereunder shall be deemed given when received by a party by email, facsimile, courier service, or mail. All notices shall be directed to the signatories at fullerton@gigabitnow.com.

Acceptable Use Policy

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

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

Privacy Policy

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

  1. GigabitNow collects personal information when a Subscriber, Resident, or user visits or uses GigabitNow websites and services, and when visiting the websites of, or contacting GigabitNow. Subscriber use of GigabitNow services or support, may require that we ask for information such as name, email address, address of a Resident.
  2. GigabitNow collects information about the Subscriber and Network user transactions with GigabitNow servers automatically receiving and recording information from a user’s browser, including IP address, GigabitNow cookie information, and website pages visited.
  3. GigabitNow uses personal information for the following general purposes: to fulfill requests for services, improve Network services, contact you, provide technical support, provide anonymous reporting for purposes related to providing you Network services, and to customize Network content you see.
  4. GigabitNow and its business partners needed to offer and provide services. GigabitNow’s business partners operate under confidentiality agreements that limit their use of personal information on terms identical to those enumerated in this Privacy Policy. These partner companies do not have any independent right to use or further share this information, except as provided in this Privacy Policy.
  5. GigabitNow may set and access cookies on Network user’s devices.
  6. GigabitNow undertakes physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information. We limit access to personal information to GigabitNow and business partner employees who we believe reasonably need to come into contact with that information to provide Network services, or to prevent violations of GigabitNow’s Terms of Service, or who otherwise need that information in order to do their jobs.
  7. Except as described above, GigabitNow considers and treats personal information as confidential, and does not rent, sell, or share personal information with nonaffiliated companies or unrelated third parties. However, GigabitNow may disclose personal information to third parties:
    a) as needed to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; and
    b) when we believe it is necessary to share personal information in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or potential threats to the physical safety of any person, or as otherwise required by law or law enforcement agencies or for the purpose of national security; and
    c) if GigabitNow is acquired by or merged with another company, or if your service account with GigabitNow is sold or transferred to another company; and
    d) upon your prior written permission.
  8. The GigabitNow and affiliated websites contain links to other third-party websites. Please be aware that GigabitNow is not responsible for the privacy practices of such other websites and companies. This Privacy Policy applies solely to your personal information collected and maintained by GigabitNow. It does not apply to the practices of companies that GigabitNow does not own or control, or to people that GigabitNow does not employ or manage.
  9. Use of GigabitNow Network sites and services following GigabitNow’s publication of any changes to this Privacy Policy will constitute your acceptance of such changes. If the Subscriber or its Residents do not agree to any such changes, please do not use any GigabitNow sites or services.

Anyone who believes there is a violation of these Terms of Service or has questions or concerns regarding them should direct that information to fullerton@gigabitnow.com.

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