AVATIVE FIBER TERMS OF SERVICE
The following terms and conditions shall apply to all customers subscribing to Avative Fiber service:
This Agreement is part of and shall be incorporated into the Acceptable Use Policy. In utilizing Avative Fiber service, Customer agrees to adhere to the terms and conditions of the Acceptable Use Policy and this Agreement. Avative Fiber reserves the right to update this Agreement as necessary. In the event of an inconsistency or conflict between the Acceptable Use Policy and this Agreement, the provisions of this Agreement shall govern.
GOVERNING LAW AND VENUE
The laws of the State of Utah shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Utah County, Utah.
This Agreement constitutes the entire Agreement between the parties and no other representations or statement will be binding upon the parties. If any part of the Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.
PAYMENT POLICIES AND TERMS
Billing is completed once per month; full payment is due fifteen (15) days after receipt of invoice. A fifteen dollar ($15.00) late payment fee shall be assessed on any account not paid within fifteen (15) days from the date of invoice. Accounts remaining unpaid for thirty (30) or more days shall be deemed delinquent. Delinquent accounts shall be placed on "accounting hold" and services to the Subscriber shall be suspended until the account is paid in full. For any Subscriber's account that has been placed on suspended service there shall be due a fifty dollar ($50.00) reconnection charge to reactivate Subscriber's services after the arrearage has been paid.
A thirty dollar ($30.00) fee will be added to the Subscriber account in the event of any bank returned check. In the event that more than one check is returned, we will only accept cash, credit card or certified funds for payment on the account.
Be advised that due to privacy laws, we will only give account information to the registered account holder. Please ensure to add any additional authorized users to the account if you would like them to have access to modifying the account in any way.
EQUIPMENT AND SCOPE OF WORK
All equipment, modems, set-top boxes, ONT's and standard mounting equipment will at all times remain the property of Avative Fiber. Subscriber may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of, or the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof, together with any costs incurred by Avative Fiber in obtaining or attempting to obtain possession of any such equipment. On expiration or termination of this Agreement, Subscriber authorizes Avative Fiber to retrieve from Subscriber's premises any equipment that is owned by Avative Fiber.
Due to the nature of the work for the Fiber-to-the-Home project, we require all underground lines to be marked before the start of any digging on premises, either by company or resident, whichever is applicable to the situation. To have this done, please call Blue Stakes. Avative Fiber is not responsible for unmarked sprinkler lines or damages to those lines.
Additional Fees: In the event that special construction or additional equipment including but not limited to: longer cable, additional grounding, mast hardware or specialized antenna is required, an additional fee will be required for said equipment and any additional labor not included in the standard install. Additional labor is billed at $60.00/hr.
Standard Maintenance: Any trouble beyond our network or equipment is the full responsibility of the Subscriber and their subsequent Network Administrator or vendor. Standard maintenance is limited solely to Avative Fiber's network and backbone connectivity.
If your connection ceases to function properly but Avative Fiber's network is still functioning properly, a technician will be sent to troubleshoot during normal business hours (9 a.m. - 4:30 p.m., Monday - Friday.) If the problem is due to Subscriber negligence, or any of those items listed in the "Not Covered by Standard Maintenance" section, standard hourly rates apply.
Not Covered by Standard Maintenance: Maintenance, repair or replacement of parts damaged or lost through catastrophe, accident, lightning, neglect, misuse, transportation, theft, fault or negligence of Subscriber, or causes external to the system, such as, but not limited to: failure of, or faulty electrical power, operator error, or malfunction of Subscriber's computer and/or peripheral equipment not installed by Avative Fiber, or from any cause related to or other than the intended and ordinary use.
ACCEPTABLE USE POLICY
Avative Fiber agrees to provide high-speed internet to the Subscriber, subject to the following terms and conditions:
This service is for single-family residence or home-office use only. Internet sharing is allowed only within the boundaries of the residence. Allowing others to use this connection via wired, wireless (WiFi or other technology) or by other means will result in immediate disconnection. Re-selling this service will result in immediate disconnection. However, businesses may set up a WiFi hotspot with permission from Avative Fiber, but this is only allowed on a case-by-case basis.
ABUSE OF SERVICES
Any use of the system that disrupts the normal use of the system for other Subscribers is considered to be abuse of services. The propagation of computer worms or viruses or the use of the network to make unauthorized entry to their computational, information, or communication devices or resources of others is a violation of this Agreement. The use of Avative Fiber's services by Subscriber's to modify, alter, reverse engineer, decompile disk or disassemble any proprietary work in whatever form is a violation of this Agreement. The failure of any Subscriber running IPX to use an IP tunneling protocol is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) or any other inter-router protocol by Subscriber is a violation of this Agreement. Any Subscriber deemed by Avative Fiber to be in violation of this section is subject to immediate termination by Avative Fiber. Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages.
Avative Fiber has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Avative Fiber, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its interests.
Avative Fiber assumes no responsibility for the content contained on the Internet or otherwise available through the network or from any source accessible via Avative Fiber's services. Avative Fiber discloses and Subscriber acknowledges that there may be content on the Internet or otherwise available through the services provided by Avative Fiber which may be offensive to some individuals, which may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to pornographic, or otherwise inappropriate or sexually explicit or offensive content.
Subscriber acknowledges to Avative Fiber that its use of Avative Fiber's service to access information, content or other services is at its own risk.
INDEMNIFICATION / RELEASE
Subscriber, its agent, successor and/or assigns expressly agrees to indemnify and release Avative Fiber, its affiliates, sub-contractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber's installation of, use of or termination of Avative Fiber's services hereunder including but not limited to, Subscriber's access to content uploaded or downloaded using Avative Fiber's service from any source or to any recipient. Subscriber further releases Avative Fiber from any responsibility or liability related to the accuracy, quality or confidentiality of any information available by or through Avative Fiber's systems and/or the network. Subscriber's release of Avative Fiber includes any actions or inaction by Avative Fiber which amounts to negligence.
Subscriber may terminate this Agreement by submitting a request for termination (e-mail, fax, U.S. Mail or via telephone) Requests received prior to close of business shall have a termination date of the next business day. If the Subscriber has elected a contract service plan, any remaining balance will be added to their final bill. Fiber-to-the-Home Subscriber's will be responsible for any unpaid portion of the install fee on their final bill.
Without prior notice, Avative Fiber may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if Avative Fiber, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable user policies, or if you fail to pay any charges when due. Avative Fiber may provide termination notice to you via the e-mail address provided on the Subscriber account or by US Mail or courier service to the address you provided for the Services. Termination by Avative Fiber for violation of Avative Fiber's Acceptable Use Policy shall be subject to the termination fees as described above.
ADDITIONAL CLARIFICATIONS, TERMS AND CONDITIONS
Usernames, passwords and IP addresses are Avative Fiber's property and Avative Fiber may alter or replace them at any time. We do not guarantee any level or quality of service. If the service becomes unusable and cannot be restored within 2 working days, your account will be credited for the outage. If service is interrupted more than an aggregate of 24 hours in any given month, term contracts may be cancelled without penalty.
Avative Fiber cannot be held liable for any type of loss, whether actual or perceived, due to a lack of service.
Subscriber understands that service will be interrupted from time to time for various reasons including maintenance, upgrades and power outages. There will be no warning for some of the outages.
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