- 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.
Subscriber hereby accepts and agrees to the following:
- Subscriber shall allow GigabitNow, Hoosier Fiber Networks and their contractors reasonable 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.
- 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;
- Subscriber shall register for automatic monthly payments for services billed at the 1st of every calendar month.
- Subscriber shall pay the associated cost for the service plan they select at the time of their order for the entirety of the term. Such prices being subject to change at the commencement of each new term. Promotional offers have additional terms as stated at the time of order. Taxes and third-party charges, if any, are not included in the prices and will be charged to Subscriber.
- 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.
- 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
- Subscriber acknowledges and agrees that some or all of the Services provided by GigabitNow under this Agreement will be delivered by Hoosier Fiber Networks and one or more third party contractors (“Contractor”), who will operate and manage the Hoosier Fiber Networks’ network and the associated Services provided to Subscriber.
- Residential Service Plans are provided for the Subscriber’s residential use and for no other use. Residential Service Plans may not be used for commercial or other non-residential purposes. If GigabitNow determines that a Residential Service is being used for any commercial or other non-residential use, then GigabitNow may, in its sole discretion: (i) terminate the Service; (ii) determine that the Subscriber did not qualify for Residential Services and upgrade the Subscriber to an appropriate plan based on the Subscriber’s use and retroactively adjust the amounts the Subscriber was charged to reflect the revised plan; and/or (iii) maintain the Residential Service Plan but additionally charge the Subscriber’s excessive usage based on then current rates charged by GigabitNow. GigabitNow may make such determination based on the Subscriber’s usage patterns and other criteria determined by GigabitNow to differentiate between residential use and commercial or other non-residential use and the Subscriber shall pay the charges for the new business plan, even if the Subscriber did not have access to the full feature set of said plan.
- Business/Commercial Services. For business or commercial service, contact GigabitNow Subscriber service at 1-866-748-8066, or by submitting a request for more information to email@example.com.
- Change in Service: New Features. If the Subscriber requests additional Services or features, then the Subscriber may do so by going to www.gigabitnow.com/indiana. GigabitNow will pro-rate the additional charges from the date of activation for the balance of the billing period.
- Service Limits. GigabitNow reserves the right to limit or block any usage of the Service as GigabitNow deems necessary to prevent harm to its network, fraud, or other abuse of the Services.
- You understand and acknowledge that you will not be able to use the Service under certain circumstances, including but not limited to the following: (i) if our network or facilities are not operating or (ii) if normal electrical power to the home networking equipment is interrupted and the equipment does not have a functioning battery backup. You also understand and acknowledge that you will not be able to use online features of the Service, where we make those features available, under certain circumstances including but not limited to the interruption of your Internet connection.
Payment, Cancellations, and Ownership Change.
- 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”).
- 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, unless a written cancellation notice is received from Subscriber at least 30 days prior to the expiration of the then-current term by submitting a cancel request to Subscriber support via firstname.lastname@example.org or by calling 1-866-748-8066.
- 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.
- The Service is billed in full months and during each month, all normal charges will apply. The Subscriber is obligated to pay for a full month’s Service, even if notice of non-renewal is given by the Subscriber at the beginning of the month.
- 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.
- 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.
- GigabitNow will post all its charges to the Subscriber’s account maintained on GigabitNow’s website, (www.gigabitnow.com/indiana), from time to time. It is the Subscriber’s duty and responsibility to review the Subscriber’s account from time to time and to verify that all charges to the Subscriber’s account are accurate and correct. The Subscriber agrees that all charges are due upon posting to the Subscriber’s account.
- The Subscriber will pay all applicable federal, state, municipal, local, or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, tariffs, access fees or other fees or charges now in force or enacted in the future, that arise from or as a result of, the Service (collectively, “Taxes”). Taxes are in addition to charges for Services, and Taxes are due for any period of time while the Term is or was in effect, even if GigabitNow fails to accurately or correctly bill the Subscriber. If the Subscriber claims to be exempt from payment of any Taxes, the Subscriber must provide with proof of such exemption acceptable to GigabitNow and GigabitNow will continue to collect Taxes from the Subscriber until such exemption is established to GigabitNow’s satisfaction.
- 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 will be waived.
- This Agreement is personal to Subscriber and is not transferable.
- GigabitNow reserves the right to terminate or discontinue the Service at any time, for any reason or for no reason, in GigabitNow’s sole and absolute discretion. If GigabitNow discontinues or terminates the Service without fault of the Subscriber, the Subscriber will only be responsible for charges accrued while the Service was in effect and the Subscriber will be entitled to a credit for the unused portion of the final month’s charges. If GigabitNow terminates the Service due to the Subscriber’s breach of any provision of this Agreement, then the Subscriber will pay all usage charges and applicable termination fees and will not be entitled to a credit for the unused portion of the final month’s charges.
- GigabitNow reserves the right to suspend the Service, in whole or in part, including any features, at any time in GigabitNow’s sole and absolute discretion. If GigabitNow determines that the suspension of the Service is without fault of the Subscriber, then the Subscriber will receive a credit of the monthly charges for each day the Service was not in effect.
Cautions and Liability:
- It is the sole responsibility of the Subscriber to back up all personal data, as GigabitNow does not.
- 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.
- All Services offered pursuant to this Agreement are subject to the Terms of Service posted on GigabitNow website (www.gigabitnow.com/indiana/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.
- 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.
- 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:
- 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.
- 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.
- In the event of any suit or other legal action arising from or relating to this Agreement, the laws of the State of Indiana shall apply. Venue shall be in the Superior Court of Monroe County, Indiana. 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.
- 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.
- 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.
- The Subscriber may not assign this Agreement or any rights hereunder. GigabitNow may assign this Agreement or any rights hereunder at any time to any party, as GigabitNow shall determine in its sole discretion and without giving prior notice
- 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 email@example.com.
- 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.