JumpFiber strives to provide our customers information that’s accessible and easy to understand. The links below provide you accesses to JumpFiber’s current policies and agreements.
JumpFiber Business General Terms and Conditions
BY AGREEING TO THIS SERVICES AGREEMENT, CUSTOMER ACKNOWLEDGES THAT: (1) THE SERVICES AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICES AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY AND TO BRING CLAIMS AS CLASS ACTIONS.
- TERM. The Services Agreement shall be effective upon the earlier to occur of: (a) the latest date of the signatures of the Parties; or (b) JumpFiber Business’ commencement of performance (the “Effective Date“). The Services Agreement shall remain in effect for so long as JumpFiber Business provides any Services to Customer (the “Term“).
- SERVICES. Customer shall request Services hereunder by submitting orders in a manner required by JumpFiber Business. JumpFiber Business may accept a service request either by: (a) JumpFiber Business’ delivery of the Services, (b) JumpFiber Business’ shipment to Customer of a self-installation kit, or (c) commencement of installation. JumpFiber Business shall provide the Services to Customer at the address(es) where JumpFiber Business Installs Services or ships a self-installation kit (“Service Location(s)“).
- ORDER TERM. The “Order Term” is one (1) month starting on the date the Services are functional in all material respects and available for use (the “Billing Start Date“), and shall continue on a month-to-month basis, unless either JumpFiber Business or Customer elects to not renew the Services by notice provided to the other at least thirty (30) days in advance of the expiration of the then-current Order Term.
- AVAILABILITY OF FACILITIES. Customer understands that certain Services may not be available in all JumpFiber Business service areas and JumpFiber Business may decline to provide any requested Services. JumpFiber Business’ ability to provide Services depends upon its ability to secure and retain, without unreasonable expense, suitable facilities, and rights to construct and maintain necessary facilities such as pole attachments and conduits to serve the Service Location. JumpFiber Business may decline to accept a request for Services or terminate Services upon notice to Customer because of: (a) the lack of transmission medium, transmission capacity or any other facilities or equipment, (b) the lack of available services from or interconnection with the services or facilities of other providers, or (c) any other cause beyond JumpFiber Business’ control.
- SERVICE LOCATION ACCESS AND INSTALLATION.
- a. Access. JumpFiber Business requires reasonable access to each Service Location at any time throughout the Term as necessary for JumpFiber Business to provide the Services and to review, install, inspect, maintain, repair, or remove any JumpFiber Business-provided cabling, Routers, related splitters, routers or other equipment (“JumpFiber Business Equipment“) used to provide the Services. If Customer owns or controls the Service Location(s), Customer hereby grants JumpFiber Business permission to enter the Service Location(s) in order for JumpFiber Business to fulfill its obligations and exercise its rights under the Services Agreement. If a Service Location is not owned or controlled by Customer, Customer will obtain, with JumpFiber Business’ reasonable assistance, appropriate right of access. If such right of access for JumpFiber Business is not obtained by either Party, then JumpFiber Business may decline Customer’s request for Services with respect to the Service Location that JumpFiber Business cannot access, without any liability to Customer.
- b. Installation Review. JumpFiber Business may perform an installation review of each Service Location prior to installation of the Services to determine serviceability or the need to extend JumpFiber Business’ facilities, fiber optic cable, electronics, or other equipment (collectively, the “Network“) to provide the Services at the Service Location. If during the installation review, JumpFiber Business determines that additional work is required to enable JumpFiber Business to deliver the Services to the Service Location, JumpFiber Business will notify Customer of any additional Service Charges in excess of the amounts previously specified in a quote or work order. Upon request, Customer shall provide JumpFiber Business with accurate site and/or physical network diagrams or maps of a Service Location, including electrical and other utility service maps, prior to the installation review.
- c. Site Preparation. Customer shall be responsible for necessary preparations at the Service Location(s) for delivery and installation of JumpFiber Business Equipment and the installation and ongoing provision of Services, including the relocation of Customer’s equipment, furniture and furnishings as necessary to access the JumpFiber Business Equipment or Services. In addition, Customer shall provide JumpFiber Business with floor space, other space, and clean power as is reasonably necessary for the installation and operation of JumpFiber Business Equipment at the Service Location(s). Customer shall not charge JumpFiber Business, and shall ensure that JumpFiber Business does not incur, any fees or expenses whatsoever in connection with Customer’s provision of space, power, or access as described herein, or otherwise in connection with Customer’s performance of its obligations pursuant to this section; and any such fees or expenses charged by any other end user accessing or using the Services shall be borne solely by Customer.
- d. Installation. JumpFiber Business will schedule one or more installation visits with Customer. At the Customer’s request, JumpFiber Business may perform installation or maintenance on weekends or times other than during normal business hours; provided, however, Customer may be assessed reasonable, additional Service Charges based on JumpFiber Business’ actual incurred labor, material or other costs for such non-routine installation or maintenance. Customer’s authorized representative must be present during installation. JumpFiber Business shall use commercially reasonable efforts to make the Services available by the estimated service start date. JumpFiber Business shall not be liable for any damages whatsoever resulting from delays in meeting the estimated service start date due to delays resulting from normal installation procedures or events beyond JumpFiber Business’ control. Examples of delays of installation include, without limitation, delays in obtaining necessary regulatory approvals for construction, delays in obtaining right-of-way approvals, delays in actual construction work being done by JumpFiber Business’ vendor(s), and any delays due to any other provider(s) where JumpFiber Business is relying upon such provider(s) to meet such estimated due date which is beyond JumpFiber Business’ control. In addition, if JumpFiber Business is unable to install the Service in accordance with the agreed upon schedule as a result of: (i) Customer’s (or any End User’s) failure to deliver any required materials, support or information to JumpFiber Business; (ii) Customer’s (or any End User’s) failure to provide access to a Service Location; or (iii) JumpFiber Business not being able to obtain access to equipment or software at the Service Location as necessary for installation of the Service, then Customer shall pay JumpFiber Business a Service Charge at JumpFiber Business’ then-prevailing rates for any installation trip made by JumpFiber Business and an additional Service Charge for each subsequent trip necessary to perform the Service installation. If during the course of installation JumpFiber Business determines additional work is necessary to enable JumpFiber Business to deliver the Services to the Service Location, JumpFiber Business will notify Customer of any additional Service Charges in excess of the amounts previously specified in a quote or work order. If Customer does not agree to pay such Service Charges, Customer and JumpFiber Business shall each have the right to terminate the Services. JumpFiber Business may act as Customer’s agent for ordering access connection facilities provided by other providers or entities when authorized by Customer to allow connection of a Service Location to the Network. Customer shall perform interconnection of the Services and JumpFiber Business Equipment with any Customer-provided or End User equipment (collectively, “Customer Equipment“), unless otherwise set forth in any Service Terms or agreed in writing between the Parties, and shall conform its Customer Equipment and software, and ensure that each End User conforms its equipment and software, to the technical specifications for the Service provided by JumpFiber Business. JumpFiber Business shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from excavation and for those damages directly caused by JumpFiber Business’ faulty workmanship or installation of the Service, provided that the boring of holes or insertion of fasteners through the surface of walls for attachment of peripheral equipment will not be deemed damages but rather part of normal workmanship. If the installation and maintenance of Services at the Service Locations is or becomes, in JumpFiber Business’ sole opinion, hazardous or dangerous to JumpFiber Business’ employees or Network, the public, or property, including without limitation due to the presence of asbestos or other hazardous materials, JumpFiber Business may refuse to install and maintain such Service or stop providing Services until such time as the condition is remedied or an alternative Service Location is designated that is not hazardous or dangerous. Customer shall bear any additional costs incurred by JumpFiber Business arising from any such hazardous or dangerous conditions.
- a. Equipment Responsibilities and Safeguards. JumpFiber Business shall use commercially reasonable efforts to maintain and secure the JumpFiber Business Equipment used by JumpFiber Business to provide Services to Customer. Except as otherwise provided in this Services Agreement, Customer shall be responsible for the maintenance or repair of any cable, electronics, structures, equipment or materials owned or provided by Customer. Customer shall not cause any third party to, move, modify, disturb, alter, remove, relocate to another Service Location, install software not provided by JumpFiber Business, or otherwise tamper with any portion of the JumpFiber Business Equipment without the prior consent of JumpFiber Business. Customer shall be responsible for loss or damage to the JumpFiber Business Equipment while at Customer’s or an End User’s facilities. Customer shall also ensure that all JumpFiber Business Equipment at Customer’s and End Users’ Service Location(s) remains free and clear of all liens and encumbrances.
- b. Customer Security Responsibilities. Customer shall be responsible for all access to and use of the Service, including whether or not Customer has knowledge of or authorizes such access or use. Customer shall be responsible for the implementation of reasonable security measures and procedures with respect to use of and access to the Service Location, Service, and JumpFiber Business Equipment. Customer shall secure and maintain any and all Customer Equipment, including, but not limited to, Private Branch Exchanges (including other non- JumpFiber Business switches, collectively, “PBXs“), where applicable, and any applications accessible through use of Customer Equipment, and shall be solely responsible for any conduct through and any charges incurred on Customer’s Service account, regardless of whether such activity or charges are authorized by Customer management or involve fraudulent activity until such time as Customer informs JumpFiber Business of any fraudulent or unauthorized access. Without limiting Customer’s responsibilities, JumpFiber Business has the right to implement reasonable measures to track, manage, and secure the connection between any Customer Equipment or applications used by Customer, End Users, or any third party who accesses the Customer Equipment and the JumpFiber Business Network, including without limitation authentication or other security access procedures. JumpFiber Business may suspend any affected Services if JumpFiber Business discovers or becomes aware of any breach or compromise of the security of any Customer Equipment, Service, Service Location, JumpFiber Business Equipment, or connection to the JumpFiber Business Network.
- c. Equipment Return, Retrieval, Repair and Replacement. Immediately upon termination of this Services Agreement, or Service(s) (“Termination“): (i) at the discretion of JumpFiber Business, Customer shall return, or allow JumpFiber Business to retrieve, the JumpFiber Business Equipment in the condition in which the JumpFiber Business Equipment was received, subject to ordinary wear and tear; and (ii) promptly cease all use of and return to JumpFiber Business any software provided by JumpFiber Business (“Software“). Failure of Customer to return or allow JumpFiber Business to retrieve the JumpFiber Business Equipment within fifteen (15) days after Services are terminated will result in a charge to Customer’s account equal to either JumpFiber Business’ applicable unreturned equipment charge or the retail cost of replacement of the unreturned JumpFiber Business Equipment. If applicable, Customer shall pay for the repair or replacement of any damaged JumpFiber Business Equipment, except such repairs or replacements as may be necessary due to normal and ordinary wear and tear or material or workmanship defects, together with any costs incurred by JumpFiber Business in obtaining or attempting to regain possession of JumpFiber Business Equipment.
- STANDARD PAYMENT TERMS. Customer shall pay recurring and non-recurring charges, taxes, and fees for the Services and other applicable charges as described in this Services Agreement (collectively, “Service Charges“).
- a. Charges. JumpFiber Business invoices for monthly recurring charges (MRC’s) specific to the Service(s), plus applicable taxes, fees, and surcharges (“MRCs“), in advance on a monthly basis. JumpFiber Business invoices for non-recurring, one-time charges (“OTCs“) for construction or installation charges after the Billing Start Date. All other charges, including usage-based charges (e.g., phone usage, equipment, pay-per view charges), will be invoiced monthly in arrears. Service Charges are payable within thirty (30) days after the date appearing on the invoice. JumpFiber Business will not defer any charges while Customer awaits reimbursement, subsidy, discount or credit from any third party or government entity, and Customer shall have the obligation to pay all charges regardless of the status of any such reimbursement, subsidy, discount or credit. If JumpFiber Business fails to present a Service Charge in a timely manner, such failure shall not constitute a waiver of the charges for the Services to which it relates, and Customer shall be responsible for and pay such Service Charges when invoiced in accordance with these payment terms. JumpFiber Business shall have the right to increase MRCs for each Service after the initial order for such Service upon thirty (30) days’ notice to Customer.
- b. Taxes, Surcharges, and Fees. Customer shall pay all applicable taxes, fees, or surcharges imposed on or in connection with the Services or products that are the subject of this Services Agreement, including but not limited to applicable federal, state, and local sales, use, property, excise, telecommunications, or other taxes, franchise fees, federal and state universal service fund fees, and other state or local governmental charges or regulatory fees, excluding income taxes measured on JumpFiber Business’ net income. If a Customer wishes to claim tax-exempt status, then Customer must supply JumpFiber Business with a copy of Customer’s tax exemption certificate or other documentation supporting Customer’s certification of its entitlement to such exempt status within fifteen (15) days of installation of applicable Services. If Customer supplies such documentation after that time, JumpFiber Business will apply it to Customer’s account on a prospective basis, allowing JumpFiber Business at least thirty (30) days for processing. To the extent such documentation is held invalid for any reason, Customer agrees to pay or reimburse JumpFiber Business for any tax or fee not collected or liability incurred, including without limitation related interest and penalties arising from JumpFiber Business’ reliance on such invalid certificate or documentation. Customer hereby consents that JumpFiber Business may disclose such written documentation, which may include a tax exemption form, to any governmental authority. Tax-exempt status shall not relieve Customer of its obligation to pay applicable franchise fees or other non-tax fees and surcharges since the application of such fees and surcharges may not be governed by the tax standing of Customer. JumpFiber Business reserves the right, from time to time, to change the surcharges for Services under this Services Agreement to reflect incurred costs, charges, or obligations imposed on JumpFiber Business to the extent permitted, required, or otherwise not prohibited under applicable law (e.g., universal service fund charges). Furthermore, JumpFiber Business shall have the right to collect or recover from Customer the amount of any state or local fees or taxes arising as a result of this Services Agreement, which are imposed on JumpFiber Business or its services, or otherwise assessed or calculated based on JumpFiber Business’ receipts from Customer that JumpFiber Business is entitled under applicable law to pass through to or otherwise charge Customer for Customer’s use or receipt of the Services. Such fees or taxes shall be invoiced to Customer in the form of a surcharge included on Customer’s invoice.
To the extent that a dispute arises under this Services Agreement as to which Party is liable for fees or taxes, Customer shall bear the burden of proof in showing that the fee or tax is imposed upon JumpFiber Business’ net income. This burden may be satisfied by Customer producing written documentation from the jurisdiction imposing the fee or tax indicating that the fee or tax is based on JumpFiber Business’ net income. Customer acknowledges that currently, and from time to time, there is uncertainty about the taxability or regulatory classification of some of the Services JumpFiber Business provides and, consequently, uncertainty about what fees, taxes and surcharges are due to or from JumpFiber Business or from its customers. Customer agrees that JumpFiber Business has the right to determine, in its sole discretion, what fees, taxes and surcharges are due and to collect and remit them to the relevant governmental authorities, or to pay and pass them through to Customer. Customer hereby waives any claims it may have regarding JumpFiber Business’ collection or remittance of such fees, taxes, and surcharges.
- c. Change Requests. Any charges associated with Service and Equipment installations, changes, or additions requested by Customer for the applicable Service Location are the sole financial responsibility of Customer. JumpFiber Business shall notify Customer of any additional OTCs and/or adjustments to MRCs associated with or applicable to such Customer change requests prior to making any such change. Customer’s failure to accept such additional charges within five (5) business days of receiving such notice shall be deemed a rejection by Customer, and JumpFiber Business shall not be liable to perform any work giving rise to such charges. For accepted charges, Customer shall be assessed such additional OTCs and/or adjustments of the MRCs either: (i) in advance of implementation of the change request or (ii) beginning on Customer’s next and/or subsequent invoice(s).
- d. Site Visits and Repairs. If a service call initiated by Customer causes JumpFiber Business to visit a Service Location to respond to such service call, and JumpFiber Business reasonably determines that the cause of such service call is not due to a problem arising from JumpFiber Business’ Network or JumpFiber Business Equipment, but rather is due to Customer Equipment or facilities, or a third party not under JumpFiber Business’ control or direction, then JumpFiber Business may invoice Customer for the service call at JumpFiber Business’ then-prevailing commercial rates, plus any charges for JumpFiber Business Equipment repair or replacement as a result of Customer or third party damage that may be necessary.
- e. Invoicing Disputes; Late and Collection Fees. Customer must provide notice to JumpFiber Business of any disputed charges within sixty (60) days of the invoice date on which the disputed charges appear for Customer to receive any credit that may be due. Customer must have and present a reasonable basis for disputing any amount charged. Undisputed amounts not paid within thirty (30) days of the invoice date shall be past due and subject to a late fee up to the lesser of 1.5% of the MRC per month or the maximum amount permitted by law. If Services are suspended due to late payment, JumpFiber Business may require that Customer pay all past due charges, a reconnection fee, and one or more MRCs in advance before reconnecting Services. JumpFiber Business may charge a reasonable service fee for all returned checks and bank card, credit card or other charge card charge-backs. Customer shall be responsible for all expenses, including reasonable attorney fees and collection costs, incurred by JumpFiber Business in collecting any unpaid amounts due under this Services Agreement. JumpFiber Business may apply any amounts paid by Customer first to any delinquent JumpFiber Business account(s).
- f. Credit Verification. JumpFiber Business shall have the right to verify Customer’s credit standing at any time. Additionally, JumpFiber Business may at any time require Customer to make a deposit and/or advance payment. The deposit requested will be in cash, the equivalent of cash, or a bank, credit card or account debit authorization and does not relieve Customer of the responsibility for the prompt payment of invoices when due. JumpFiber Business may deduct amounts from the deposit, bill any bank or credit card provided, or utilize any other means of payment available to JumpFiber Business, for past due amounts.
- g. Bundled Pricing. If Customer has selected a bundled offer, meaning a discounted MRC for receiving more than one JumpFiber Business Service (“Bundle“), then the following conditions shall apply:
- i. In consideration for Customer’s purchase of all Services in the Bundle, and only with respect to that period of time during which Customer continues to purchase the specific Services in such Bundle and during which such Bundle is in effect, the correlating discount to the Services in such Bundle, ordered pursuant to the JumpFiber Business program governing such Bundle, will be reflected in the MRC for the respective Services.
- ii. Upon Termination by Customer, for any reason other than a JumpFiber Business Default, of any Service component of the applicable Bundle, the pricing for the remaining Service(s) shall revert to JumpFiber Business’ unbundled pricing for such Service(s) in effect at the time of Termination. Termination liability applicable to the Services under this Services Agreement shall otherwise remain unchanged.
- SUPPORT. JumpFiber Business shall provide contact information for inquiries and remote problem support for the Services. All such Customer support shall be provided only to Customer’s designated personnel or as mutually agreed upon by JumpFiber Business and Customer. Customer is responsible for all communications and support for its End Users. Customer shall provide routine operational support for JumpFiber Business Equipment located at a Service Location, including without limitation, by performing reboots as requested by JumpFiber Business. Customer is responsible for the installation, repair and use of Customer Equipment, including without limitation, Customer-supplied third-party hardware or software for the use of Services or third-party services. JumpFiber Business does not support third party hardware or software used in conjunction with third party services or supplied by Customer. Any questions concerning third party hardware or software should be directed to the provider of that product. JumpFiber Business assumes no liability or responsibility for the installation, maintenance, compatibility or performance of third party software, or any Customer Equipment or Customer-supplied software with the Services. If such third-party equipment or software impairs the Services, Customer shall continue to pay all applicable Service Charges. If, at Customer’s request, JumpFiber Business should attempt to resolve difficulties caused by such third-party equipment or software, such efforts shall be performed at JumpFiber Business’ discretion and subject to Service Charges as set forth in Section 7(d).
- CUSTOMER REPRESENTATIONS AND OBLIGATIONS.
- a. Representations. Customer represents and warrants to JumpFiber Business that: (i) Customer has the authority to execute, deliver and carry out this Services Agreement, and (ii) its End Users and any person who accesses any Services at the Service Location, will use the Service and Network for Customer’s internal business purposes and will comply with this Services Agreement.
- b. No Reselling. Customer shall not resell or redistribute (whether for a fee or otherwise) access to the Service(s) or system capacity, or any part thereof, in any manner other than for Customer’s internal business without the express prior consent of JumpFiber Business, including without limitation, any use to provide services for the benefit of, or on behalf of, any third party other than Customer or its End Users.
- c. No Illegal Purpose or Unauthorized Access. Customer shall not use or permit End Users or third parties to use the Service(s), including the JumpFiber Business Equipment and Software, for any illegal purpose, or to achieve unauthorized access to any computer systems, software, data, or other copyright or patent protected material.
- d. No Interference. Customer shall not interfere with or cause technical difficulties for other customers’ use of equipment or Services or interfere with or disrupt the JumpFiber Business Network, backbone, nodes or other Services. Customer shall not install any equipment, including without limitation, any antenna or signal amplification system, at the Service Location that interferes with the Services.
- e. Applicable Laws. With respect to Customer’s and End Users’ use of the Service (including the transmission or use of any content via the Service), Customers shall comply and shall ensure that its End Users comply, with all applicable laws and regulations in addition to this Services Agreement. JumpFiber Business shall have the right to audit Customer’s use of the Service remotely or otherwise, to ensure compliance with this Services Agreement.
- f. Acceptable Use. As between the Parties, Customer is solely responsible for: (i) all use (whether or not authorized) of the Service by Customer, any End User or any unauthorized person or entity, which use shall be deemed Customer’s use for purposes of this Services Agreement, (ii) all content that is viewed, stored or transmitted via the Service, as applicable, and (iii) all third-party charges incurred for merchandise and services accessed via the Service, if any. Customer shall not use, or allow the Services to be used, in any manner that would violate the applicable JumpFiber Business Acceptable Use Policies or that would cause, or be likely to cause, JumpFiber Business to qualify as a “Covered 911 Service Provider” as defined in 47 C.F.R. §12.4 or any successor provision of the rules of the Federal Communication Commission. For avoidance of doubt, Customer and JumpFiber Business agree that any failure to satisfy the covenants set forth in the preceding sentence shall constitute a material breach of this Services Agreement.
- g. Consent to Phone Calls. JumpFiber Business may call or text Customer or authorize others to call or text Customers on its behalf including but not limited to at any number Customer provides to JumpFiber Business (or that JumpFiber Business issues to Customers) for any purpose, including marketing JumpFiber Business’ services. If Customer’s numbers are included on state or federal “do not call” lists, JumpFiber Business will not call or text Customer for marketing purposes, but still may call or text Customer or authorize others to do so for non-marketing purposes. Customer is responsible for charges for incoming text messages on Customer’s wireless phone(s).
- h. Robo-Calls. JumpFiber Business (or persons acting on JumpFiber Business’ behalf) shall have the right and Customer hereby authorizes JumpFiber Business to use automated dialing systems or artificial or recorded voices to contact Customers or leave Customers messages if the call goes to voicemail.
- i. Other Notices. Subject to applicable law, Customer authorizes JumpFiber Business to provide other notices to Customer using any method JumpFiber Business determines appropriate, including by electronic means (for example, email or online posting).
- PERFORMANCE. Unless otherwise set forth in any Service Terms or service level agreement, JumpFiber Business will use commercially reasonable efforts to provide the Services to Customer twenty-four (24) hours per day, seven (7) days per week. It is possible, however, that there will be interruptions of Service. The Service may be unavailable from time-to-time either for scheduled or unscheduled maintenance, technical difficulties, or for other reasons beyond JumpFiber Business’ reasonable control. Temporary service interruptions or outages for such reasons, as well as service interruptions or outages caused by Customer, its agents and employees, or by a Force Majeure Event, shall not constitute a failure by JumpFiber Business to perform its obligations under this Services Agreement.
- MONITORING, EQUIPMENT UPGRADES AND NETWORK MODIFICATIONS. JumpFiber Business has the right, but not the obligation, to upgrade, modify, and enhance the JumpFiber Business Network and the Service and take any action that JumpFiber Business deems appropriate to protect or improve the Service and its facilities. JumpFiber Business shall have the right, but not the obligation, to monitor, record, and maintain oral communications with Customer regarding Customer’s account or Services for the purpose of service quality assurance or as permitted under applicable law.
- DEFAULT, SUSPENSION OF SERVICE, AND TERMINATION.
- a. Default. A Party shall be in default under this Services Agreement if it has failed to comply with this Services Agreement or any Service Terms, including without limitation the obligation to pay any amounts due, and such Party fails to correct each such noncompliance within thirty (30) days of receipt of notice from the non-defaulting Party describing in reasonable detail the default or noncompliance (“Default“).
- b. Mutual Termination Rights. Either Party may terminate the Services or this Services Agreement if: (i) the other Party is in Default; (ii) the other Party liquidates, is adjudicated as bankrupt, makes an assignment for the benefit of creditors, invokes any provision of law for general relief from its debts, initiates any proceeding seeking general protection from its creditors; or (iii) JumpFiber Business learns that the costs to deliver the Services to the Service Location shall require a material increase in the Service Charges and Customer does not agree to pay such additional Service Charges.
- c. Termination for Convenience by Customer. Notwithstanding any other term or provision in this Services Agreement, Customer may terminate the Services at any time upon thirty (30) days prior notice to JumpFiber Business, subject to payment of all outstanding amounts due, and the return of any JumpFiber Business Equipment.
- d. JumpFiber Business’ Right to Suspend. JumpFiber Business shall have the right, at its option, without prior notice, and in addition to any other rights of JumpFiber Business expressly set forth in this Services Agreement and any other remedies it may have under applicable law to suspend Services if Customer fails to comply with any applicable laws or regulations or this Services Agreement, or if Customer or its End Users’ use of the Service is determined by JumpFiber Business, in its sole discretion, to result in a material degradation of the JumpFiber Business Network until Customer remedies any such noncompliance or degradation. Any suspension shall not affect Customer’s on-going obligation to pay JumpFiber Business any amounts due under this Services Agreement. If JumpFiber Business suspends any Service, JumpFiber Business may require the payment of reconnect or other charges before restarting the suspended Service. If Customer has more than one JumpFiber Business account, all JumpFiber Business-provided services at all locations may be subject to suspension or termination in the event any account remains unpaid or is otherwise in Default.
- e. JumpFiber Business’ Additional Rights to Terminate: JumpFiber Business may terminate the Services and/or this Services Agreement if:
- i. The information required in the application process and provided by Customer to JumpFiber Business is or becomes incorrect, absent or incomplete;
- ii. Customer threatened or harassed any JumpFiber Business employee, agent, contractor or representative;
- iii. The amount of technical support required to be provided to Customer is excessive as determined in the sole discretion of JumpFiber Business.
- f. No Liability. Customer further agrees that in the event of termination by JumpFiber Business pursuant to this Section 13, JumpFiber Business shall have no liability to Customer.
- g. Payment of Service Charges. Upon Termination, Customer must pay all Services Charges then due for Services provided through the effective date of Termination.
- h. Survival. The provisions of sections 6(c), 7(b), 7(e), 13(e), 13(f), 14, 15, and 18-22 and the Service Terms shall survive the termination or expiration of this Services Agreement.
- DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
- a. DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND JUMPFIBER BUSINESS EQUIPMENT, AND USES THE SAME AT ITS OWN RISK, AND FOR ACCESS TO AND SECURITY OF CUSTOMER’S EQUIPMENT AND CUSTOMER’S NETWORK. JUMPFIBER BUSINESS EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE APPLICATIONS OR CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND JUMPFIBER BUSINESS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH APPLICATIONS OR CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SERVICES AGREEMENT, THE SERVICE, JUMPFIBER BUSINESS EQUIPMENT, AND ANY JUMPFIBER BUSINESS MATERIALS ARE PROVIDED “AS IS, WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY JUMPFIBER BUSINESS, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. JUMPFIBER BUSINESS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR WITHOUT LOSS OF CONTENT, DATA OR INFORMATION, OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THIS SERVICES AGREEMENT, JUMPFIBER BUSINESS DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY JUMPFIBER BUSINESS WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR ANY END USER’S EQUIPMENT OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR RESULTING FROM, CUSTOMER’S OR ANY END USER’S USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT JUMPFIBER BUSINESS’ THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS SERVICES AGREEMENT, AND JUMPFIBER BUSINESS DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS SERVICES AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.
- b. LIMITATION OF LIABILITY. WITHOUT LIMITING ANY EXPRESS PROVISIONS OF THIS SERVICES AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, ANY END USER, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES (INCLUDING LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS SERVICES AGREEMENT OR THE PROVISION OF SERVICES, INCLUDING ANY SERVICE IMPLEMENTATION DELAYS OR FAILURES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY, MISREPRESENTATION, OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY OF CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS SERVICES AGREEMENT. JUMPFIBER BUSINESS’ MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO ANY SERVICE SHALL NOT EXCEED THE AMOUNT, EXCLUDING OTCS, PAID OR PAYABLE BY CUSTOMER TO JUMPFIBER BUSINESS FOR THE APPLICABLE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. JUMPFIBER BUSINESS SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR ANY OTHER EMERGENCY SERVICES, THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER-PROVIDED EQUIPMENT, FACILITIES OR SERVICES.
- INDEMNIFICATION. Unless prohibited under applicable law, Customer at its own expense, shall indemnify, defend, and hold harmless JumpFiber Business, its affiliates, service providers, and suppliers, and their directors, employees, representatives, officers and agents (the “Indemnified Parties“) against any and all third party claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses incurred by JumpFiber Business Indemnified Parties, including reasonable attorney and other professional fees and court costs incurred by JumpFiber Business Indemnified Parties, to the full extent that such arise from or relate to any one or more of the following:
- a. Customer’s use or misuse of the Service;
- b. Customer’s failure to comply with any applicable law, order, rule, regulation, or ordinance or this Services Agreement;
- c. Personal injury or tangible property damage caused by Customer’s or its employees’ or agents’ negligence or willful misconduct.
JumpFiber Business Indemnified Parties shall have the right but not the obligation to participate in the defense of the claim:
- COMPLIANCE WITH LAWS. As between the Parties, JumpFiber Business shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to JumpFiber Business’ operation and provision of the Services as contemplated in the Services Agreement, and Customer shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to Customer’s use of the Services as contemplated in the Services Agreement. Unless specified otherwise in the Services Agreement, each Party shall give all notices, pay all fees and comply with all laws, ordinances, rules and regulations relating to its performance obligations specified in the Services Agreement. The Services Agreement is subject to all applicable federal, state or local laws and regulations in effect in the relevant jurisdiction(s) in which JumpFiber Business provides the Services. If any provision of the Services Agreement contravenes or is in conflict with any such law or regulation, then the terms of such law or regulation shall take priority over the relevant provision of the Services Agreement. If the relevant law or regulation applies to some but not all of the Services being provided under the Services Agreement, then such law or regulation shall take priority over the relevant provision of the Services Agreement only for purposes of those Services to which the law or regulation applies. Except as explicitly stated in the Services Agreement, nothing contained in the Services Agreement shall constitute a waiver by JumpFiber Business of any rights under applicable laws or regulations pertaining to the installation, construction, operation, maintenance or removal of the Services, facilities or equipment.
- REGULATORY CHANGES. In the event of any change in applicable law, regulation, decision, rule or order, including without limitation any new application of or increase in any government- or quasi-government-imposed fees or charges that increases the costs or other terms of JumpFiber Business’ delivery of Service to Customer, or, in the event of any increase in pole attachment or conduit charges applicable to any facilities used by JumpFiber Business in providing the Service, Customer acknowledges and agrees that JumpFiber Business may pass through to Customer any such increased fees or costs, but only to the extent of the actual increase. JumpFiber Business shall use commercially reasonable efforts to notify Customer at least thirty (30) days in advance of the increase. In such case, and if such increase materially increases the Service Charges payable by Customer under the Services Agreement for the applicable Service, Customer may, within thirty (30) days after notification of such increase, terminate the affected Service, provided Customer notifies JumpFiber Business at least fifteen (15) days in advance of Customer’s requested termination date. Further, in the event that JumpFiber Business is required to file tariffs, rate schedules, or price guides with a regulatory agency or otherwise publish or make generally available its rates in accordance with regulatory agency rules or policies respecting the delivery of the Service or any portion thereof, then the terms set forth in the applicable tariff, rate schedule, or price guide shall govern JumpFiber Business’ delivery of, and Customer’s use or consumption of the Service. In addition, if JumpFiber Business determines that offering or providing the Service, or any part thereof, has become impracticable for legal or regulatory reasons or circumstances, then JumpFiber Business may terminate the Services without liability, by giving Customer thirty (30) days prior notice or any such notice as is required by law or regulation applicable to such determination.
- ARBITRATION. This Services Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customer in the event of a dispute. Subject to the “Exclusions” paragraph below, JumpFiber Business and Customer agree to arbitrate disputes and claims arising out of or relating to this Services Agreement, the Services, the JumpFiber Business Equipment, Network, or marketing of the Services. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court. The arbitrator of any dispute or claim brought under or in connection with this Services Agreement shall not have the power to award injunctive relief, which may only be sought in an appropriate court of law. No claim subject to arbitration under this Services Agreement may be combined with a claim subject to resolution before a court of law. THIS SERVICES AGREEMENT MEMORIALIZES A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS:
- a. A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to JumpFiber Business should be addressed to: CEO, JumpFiber, LLC, 16414 San Pedro Ave, Suite 550, San Antonio, Texas 78232 (“Arbitration Notice Address”). The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If the Parties do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, Customer or JumpFiber Business may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the Services Agreement. The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Services Agreement, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address.
- b. EACH PARTY SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR’S FEES THAT SUCH PARTY INCURS INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW. If the arbitrator’s award exceeds $75,000, either party may appeal such award to a three-arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within thirty (30) days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within one hundred twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act. The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules. Unless JumpFiber Business and Customer agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in San Antonio, Texas.
- c. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND JUMPFIBER BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY. CUSTOMER AND JUMPFIBER BUSINESS AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN CUSTOMER’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Furthermore, unless both Customer and JumpFiber Business agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue.
- d. Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from this Services Agreement, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.
- e. EXCLUSIONS. CUSTOMER AND JUMPFIBER BUSINESS AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:
- i. ANY INDIVIDUAL ACTION BROUGHT BY CUSTOMER OR BY JUMPFIBER BUSINESS ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS.
- ii. ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS.
- iii. ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.
- PROPRIETARY RIGHTS AND CONFIDENTIALITY.
- a. JumpFiber Business’ Proprietary Rights. All materials including, but not limited to, any JumpFiber Business Equipment (including related firmware), software, data and information provided by JumpFiber Business, any identifiers or passwords used to access the Service or otherwise provided by JumpFiber Business, and any know-how, methodologies or processes including, but not limited to, all copyrights, trademarks, patents, trade secrets, any other proprietary rights inherent therein and appurtenant thereto, used by JumpFiber Business to provide the Service (collectively “JumpFiber Business Materials”) shall remain the sole and exclusive property of JumpFiber Business or its suppliers and shall not become a fixture to the Service Location. Customer shall acquire no title to, interest or right (including intellectual property rights) in the JumpFiber Business Materials by virtue of the payments provided for herein other than the limited, non-exclusive, and non-transferable license to use the JumpFiber Business Materials solely for Customer’s use of the Service. Customer may not disassemble, decompile, reverse engineer, reproduce, modify, or distribute the JumpFiber Business Materials, in whole or in part, or use them for the benefit of any third party. Customer shall not cause or permit the disabling or circumvention of any security mechanism contained in or associated with the Services. All rights in the JumpFiber Business Materials not expressly granted to Customer herein are reserved to JumpFiber Business or its suppliers. Customer shall not open, alter, misuse, tamper with, or remove the JumpFiber Business Equipment or JumpFiber Business Materials as and where installed by JumpFiber Business, and shall not remove any markings or labels from the JumpFiber Business Equipment or JumpFiber Business Materials indicating JumpFiber Business (or its suppliers) ownership or serial numbers.
- b. Confidentiality. Customer agrees to maintain in confidence, and not to disclose to third parties or use, except for such use as is expressly permitted herein, the JumpFiber Business Materials and any other information and materials provided by JumpFiber Business in connection with this Services Agreement, including but not limited to the contents of this Services Agreement. Customer may not issue a press release, public announcement or other public statements regarding the Services Agreement without JumpFiber Business’ prior consent.
- b. Counterparts; Electronic Transactions. The Parties agree to conduct business using electronic means including using electronic records and electronic signatures, except as provided with respect to notices in Section 21. This Services Agreement may be executed in one or more counterparts, each of which is an original, but together constituting one and the same instrument. Execution of a facsimile or other electronic copy will have the same force and effect as execution of an original, and a facsimile or electronic signature will be deemed an original and valid signature.
- c. Order of Precedence. Each Service shall be provisioned pursuant to this Services Agreement. In the event that JumpFiber Business Permits Customers to use its own standard purchase order form to order the Service, the Parties hereby acknowledge and agree that the terms and conditions hereof shall prevail notwithstanding any variance with the terms and conditions of any purchase order submitted by Customer, and any different or additional terms contained in such purchase order shall have no force or effect. To the extent that the Services Agreement are inconsistent with any applicable tariff, the tariff shall control.
- d. No Assignment or Transfer. Customer may not assign or transfer (directly or indirectly by any means, including by operation of law or otherwise) this Services Agreement and the associated Service(s), or their rights or obligations hereunder to any other entity without first obtaining consent from JumpFiber Business, and any assignment or transfer in violation of this Section shall be null and void. JumpFiber Business may assign its rights and obligations under this Services Agreement, in whole or in part, to affiliates controlling, controlled by or under common control with JumpFiber Business, or to its successor-in-interest if JumpFiber Business sells some or all of the underlying communications system(s) without the prior approval of or notice to Customer. Customer understands and agrees that, regardless of any such assignment, the rights and obligations of JumpFiber Business in this Services Agreement may accrue to, or be fulfilled by, any affiliate, as well as by JumpFiber Business or its subcontractors.
- e. Severability. If any term, covenant, condition or portion of this Services Agreement shall, to any extent, be held to be invalid or unenforceable, the remainder of this Services Agreement shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law as nearly as possible to reflect the original intentions of the Parties.
- f. Force Majeure. Notwithstanding anything to the contrary in this Services Agreement, neither Party shall be liable to the other for any delay, inconvenience, loss, liability or damage resulting from any failure or interruption of Services, directly or indirectly caused by circumstances beyond such Party’s control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war or terrorism, criminal, illegal or unlawful acts, weather, fire, flood, natural causes, mechanical or power failures, fiber cuts, governmental acts or any order, law or ordinance in any way restricting the operation of the Services (each a “Force Majeure Event“). Changes in economic, business, or competitive conditions shall not be considered a Force Majeure Event.
- g. Governing Law; Claims Limitation; Waiver of Jury Trial. The law of the state of Texas shall govern the construction, interpretation, and performance of this Services Agreement, except that any conflicts-of-law principles of such state that would result in the application of the law of another jurisdiction shall be disregarded). Any legal action brought under or in connection with the subject matter of the Services Agreement shall be brought only in the United States District Court, Western District of Texas. IN ANY AND ALL CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATING TO THIS SERVICES AGREEMENT, ITS NEGOTIATION, ENFORCEABILITY OR VALIDITY, OR THE PERFORMANCE OR BREACH THEREOF OR THE RELATIONSHIPS ESTABLISHED HEREUNDER, CUSTOMER AND JUMPFIBER BUSINESS EACH HEREBY WAIVES ITS RIGHT, IF ANY, TO TRIAL BY JURY.
- h. No Third-Party Beneficiaries. The Services Agreement and the Parties’ respective performance of obligations as described are not intended to benefit any person or entity not a Party to this Services Agreement, and the consideration provided by each Party hereunder only runs to the respective Parties, and that no person or entity not a Party to this Services Agreement shall have any rights hereunder nor the right to require performance of obligations by either of the Parties.
- i. Waiver. Except as otherwise provided herein, the failure of JumpFiber Business to enforce any provision of this Services Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. To be legally binding on JumpFiber Business, any waiver must be in writing.
- j. Remedies Cumulative and Nonexclusive. Unless stated otherwise herein, all rights and remedies of the Parties under this Services Agreement shall be cumulative, nonexclusive and in addition to, but not in lieu of, any other rights or remedies available to the Parties whether provided by law, in equity, by statute or otherwise. The exercise of any right or remedy does not preclude the exercise of any other rights or remedies.
JumpFiber Business High-Speed Internet Terms and Conditions
JumpFiber Business High-Speed Internet Service: The Customer interface to the data network is via Ethernet connection. JumpFiber Business Internet Service enables a variety of upstream and downstream rates. If Customer elects to receive JumpFiber Business Internet Service, JumpFiber Business shall provide connectivity from the Customer site(s) to the Customer’s data network.
Certain Internet Services, or features of Internet Services, may not be available in all service areas and may change from time to time, in JumpFiber Business’s sole discretion. In addition, certain non-facilities-based services provided by third parties may be offered to Customer by JumpFiber Business (“Third Party Services”). Third Party Services may be subject to additional terms and conditions. Except to the limited extent described in these Service Terms, JumpFiber Business makes no warranties of any kind (express or implied) regarding third party services and hereby disclaims any and all warranties pertaining thereto (including implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose). JumpFiber Business does not have title to and is not the manufacturer of any software or hardware components of any third-party services nor is JumpFiber Business the supplier of any components of such software or hardware. IN NO EVENT SHALL JUMPFIBER BUSINESS BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY THIRD-PARTY SERVICES.
Unless specifically set forth herein, capitalized terms shall have the meaning set forth in the JumpFiber Business Services Agreement. Customer’s use of the Internet Service is subject to the following additional terms and conditions:
- Minimum Equipment Requirements. Customer shall maintain certain minimum equipment and software to receive the Internet Service (see http://www.jumpfiber.com/policies for the current specifications). The minimum configuration standards may change, and JumpFiber Business will make reasonable efforts to support previously acceptable configurations; however, JumpFiber Business is not obligated to continue to provide such support. JumpFiber Business may supply JumpFiber Business Equipment such as Routers, gateways, routers, or wireless cards, for a fee, to operate the Internet Service. JumpFiber Business reserves the right to provide service only to users with JumpFiber Business-approved equipment. Customer acknowledges that such JumpFiber Business Equipment may require updates and/or changes to the software resident in the JumpFiber Business Equipment and that Customer may be required to perform such updates and/or changes. Customer hereby authorizes JumpFiber Business to perform updates or changes, on-site or remotely from time to time as JumpFiber Business deems necessary, in JumpFiber Business’s sole discretion. Customer will not connect any equipment, other than equipment authorized by JumpFiber Business, to the JumpFiber Business Network. When JumpFiber Business installs the Internet Service, Customer will need a network interface card or adapter providing an Ethernet connection. Alternatively, Customer may connect to a networking device (commonly referred to as a router or gateway).
- Software. At the time of installation of the Internet Service, JumpFiber Business may provide Customer with common JumpFiber Business or third-party software (e.g., a browser and plug-ins) to enable and enhance the Internet Service, subject to the license terms and restrictions in the JumpFiber Business Services Agreement. Subscriber hereby represents and warrants to JumpFiber Business that Subscriber owns the operating system software and associated use/license rights thereto for the computers that are connected to the JumpFiber Business Network.
- Internet Service Speeds. JumpFiber Business shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth for the Internet Service selected by Customer, however, actual speed, also known as throughput rate, may vary. Many factors affect speed experienced by Customer as outlined in JumpFiber’s Network Management Practices.
- Security. Customer shall take commercially reasonable security measures when using the Internet Service and assumes sole responsibility for use of the Internet Service and for access to and use of Customer Equipment used in connection with the Internet Service and JumpFiber Business Network.
- Changes of Address. JumpFiber Business may change addressing schemes, including e-mail and IP addresses provided by JumpFiber Business.
- Acceptable Use Policy. Customer shall comply with the terms of JumpFiber Business’s Acceptable Use Policy (“AUP“) found at http://www.jumpfiber.com/policies and that policy is incorporated by reference into this Service Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, supplemented or otherwise changed from time-to-time by JumpFiber Business with or without notice to Customer. JumpFiber Business may suspend Service immediately for any violation of the JumpFiber Business AUP.
- JumpFiber Business Wi-Fi. JumpFiber Business Wi-Fi supported by a JumpFiber Business-provided wireless router is a service available to certain Customers and provides wireless access to the Internet Service within the Service Location (“Wi-Fi Network“), for which Customer may be charged a fee consistent with JumpFiber Business’s then-current practices. Customer must purchase JumpFiber Business Internet Service in order to receive JumpFiber Business Wi-Fi. The JumpFiber Business-provided Wi-Fi router comes programmed with certain default settings and configurations for the Wi-Fi Network. Customer may modify the default settings and configurations on the JumpFiber Business-provided Wi-Fi router although JumpFiber Business recommends maintaining the default configuration and settings. JumpFiber Business does not guarantee the security of the JumpFiber Business-provided Wi-Fi router and Customer’s connection to the Internet Service via the Wi-Fi Network. Customer understands and agrees that Customer is solely responsible for the security of its Wi-Fi Network and must enable and use encryption. Customer understands that this service is intended to be used by the Customer and its End Users and that JumpFiber Business accepts no liabilities for any third-party usage. The JumpFiber Business-provided Wi-Fi router will collect and maintain certain information regarding access to and use of the Wi-Fi Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by JumpFiber Business to provide the Internet Service and support, as well as for JumpFiber Business’ internal business analytics regarding the use of the Internet Service. Customer acknowledges and agrees that JumpFiber Business shall have access to the network name and password associated with the JumpFiber Business-provided Wi-Fi router in order to provide support and diagnostic services. JumpFiber Business reserves the right to modify the Wi-Fi network name and password for the JumpFiber Business-provided Wi-Fi router in order to safeguard Internet security, the security and privacy of Customer’s information, where required by law, or for other good cause to provide, upgrade, and maintain the Internet Service, and protect the network, other users of the Internet, or our customers and subscribers. Abusive, vulgar, offensive, inappropriate or profane Wi-Fi Network names are prohibited and may be modified in JumpFiber Business’ sole discretion. Customer acknowledges that the JumpFiber Business-provided Wi-Fi router is JumpFiber Business Equipment.
JumpFiber Business Internet Acceptable Use Policy
IN ORDER TO PROVIDE HIGH QUALITY CUSTOMER SERVICE AND TO INSURE THE INTEGRITY, SECURITY, RELIABILITY, AND PRIVACY OF JUMPFIBER BUSINESS INTERNET PRODUCT NETWORK, JumpFiber Business JumpFiber Communications Operating LLC and its respective affiliates and subsidiaries providing services (“JumpFiber Business”), has created this Acceptable Use Policy (AUP). THIS AUP APPLIES ALONG WITH THE TERMS OF SERVICE GOVERNING THE CUSTOMER’S USE OF JUMPFIBER BUSINESS INTERNET AND RELATED SERVICES (TOS) AND JUMPFIBER BUSINESS’S OPEN INTERNET DISCLOSURE, TO SPECIFY USE RESTRICTIONS APPLICABLE TO USERS OF THE SERVICE. THE CUSTOMER RECOGNIZES AND AGREES THAT THE THEN CURRENT VERSION OF THE AUP TO BE MAINTAINED BY JUMPFIBER BUSINESS AND POSTED ON JUMPFIBER BUSINESS’S WEBSITE WILL SUPERCEDE ALL PREVIOUS VERSIONS OF THIS DOCUMENT AND THAT CUSTOMER’S CONTINUED USE OF JUMPFIBER BUSINESS’S INTERNET SERVICE WILL CONSTITUTE CUSTOMER’S ACCEPTANCE OF THIS POLICY AS IT MAY BE AMENDED.
BY USING THE SERVICE, THE CUSTOMER AGREES TO ABIDE BY, AND REQUIRE EACH USER OF THE SERVICE TO ABIDE BY, THE TERMS OF THIS AUP AND ASSOCIATED TOS. ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS, CUSTOMER MUST IMMEDIATELY CEASE USE OF THE SERVICE.
- USE. The Service is designed solely for use in Customer’s business. Customer is responsible for any misuse of the Service that occurs through Customer’s account, whether by an employee of the Customer’s business or an authorized or unauthorized third-party. Customer is responsible for any and all email addresses associated with the Customer’s account. Customer must take steps to ensure that others do not gain unauthorized access to the Service. Customer is solely responsible for the security of: (i) any device Customer chooses to connect to the Service, including any data stored or shared on that device; and (ii) any access point of the Service. If the Customer sells or resells advertising or web space to a third party, then the Customer will be responsible for the content of such advertising or on such web space and the actions of such third party. Customer will not resell or redistribute, or enable others to resell or redistribute, access to the Service in any manner, including, but not limited to, wireless technology, except as expressly provided in any contract for service. JumpFiber Business reserves the right to disconnect or reclassify the Service to a higher grade or to immediately suspend or terminate the Service for failure to comply with any portion of this provision or this Policy, without prior notice.
- PROHIBITED ACTIVITIES USING THE SYSTEM, NETWORK, AND SERVICE. Any activity or use of the Service which violates system or network security or integrity are prohibited and may result in criminal and civil liability. Such violations include, without limitation, the following:
- Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, relay communication through a resource, or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network.
- Interference with service to any user, host, or network, including but not limited to: mail bombing, flooding, or denial of service attacks.
- Forging the header of any transmitted information packet, email, or Usenet posting.
- Modifying or tampering with any hardware, software, or configuration provided by JumpFiber Business including but not limited to: routers, switches, access points, wireless gateways, security devices and cable Router configuration files.
- Reselling or otherwise redistributing the Service.
- Disrupting any aspect of the Service through any means.
- Excessive use of bandwidth, that in JumpFiber Business’s sole opinion, places an unusually large burden on the network or is deemed by JumpFiber Business to be above normal usage. JumpFiber Business has the right to impose limits on excessive bandwidth consumption via any means available to JumpFiber Business.
- Assuming or assigning a JumpFiber Business IP address that was not allocated to the user by JumpFiber Business or its network – all JumpFiber Business Internet users must use DHCP assigned by the Service to acquire an IP address or utilize a Static IP address provided by JumpFiber Business.
- Running any type of server on JumpFiber Business’s system that is intentionally used to disrupt other users of the Service or users of the Internet in general.
- NO ILLEGAL OR FRAUDULENT USE. The Service may be used only for lawful purposes. Customer will not use or allow others to use the service in any manner that is in violation of any applicable federal, state, local or international laws or regulations or to promote, engage in, or enable illegal activity or conduct that violates or infringes upon the rights of any person. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene illegal, defamatory, constitutes an illegal threat, or violates export control laws. Furthermore, use of the Service to impersonate a person or entity is not permitted.
- NO SPAM. Users may not send any unsolicited bulk email or electronic communication including, but not limited to, instant messenger programs, IRC, Usenet, etc. that promotes or advertises a cause, opinion, money making opportunity, or the like that the recipient did not specifically request from the sender (“Spam”). All commercial email messaging must comply with the Federal, State, and Local law, such as the CAN-SPAM Act (See: http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business and http://uscode.house.gov/download/pls/15C103.txt). These communications do not necessarily have to pass through the Service’s email infrastructure – it only needs to originate from a Service User. JumpFiber Business maintains a zero-tolerance policy on Spam for all of its Internet products and may take immediate action against users violating this AUP. JumpFiber Business reserves the right to impose certain limitations on use of the Service’s email. The Services may not be used to collect responses from unsolicited communication regardless of the communication’s origination. Moreover, unsolicited communication may not direct the recipient to any web site or other resource that uses the Service and the user may not reference the Service in the header or by listing an IP address that belongs to the Service in any unsolicited communication even if that communication is not sent through the Service or its infrastructure. Users may not send any type of communication to any individual who has indicated that he/she does not wish to receive messages from them. Continuing to send email messages to anyone that has expressly requested not to receive email from a User is considered to be harassment. Customer is responsible for maintaining confirmed opt-in records and must provide them to JumpFiber Business upon request. The term “opt-in” means that recipient has signed up for mailings voluntarily.
- NO SYSTEM DISRUPTION. Customer will not use, or allow others to use, the Service to disrupt degrade, and/or otherwise adversely affect JumpFiber Business’s network or computer equipment owned by JumpFiber Business or other JumpFiber Business customers.
- SECURITY/ABUSABLE RESOURCES. User is solely responsible for the security of any device connected to the Service, including any data stored on that device. Users shall take all necessary steps to avoid actions that result in the abuse of a resource on their network. Examples of abusable resources include but are not limited to: open news servers, open SMTP servers, insecure routers, wireless access and insecure proxy servers. Upon notification from JumpFiber Business, Users are required to address the problem in a timely fashion. Failure to address an issue after notification will be considered a violation of this AUP.
- NO “HACKING”. Customer will not use, nor allow others to use, the Service to access the accounts of others or to attempt to penetrate security measures of the Service or other computer systems (“hacking”) or to cause a disruption of the Service to other on-line users. Customer will not use, nor allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools.
- NETWORK MANAGEMENT. JumpFiber Business utilizes as necessary a variety of reasonable network management practices consistent with industry standards to ensure that all of its Customers have a high quality online experience. These practices are undertaken without regard to the source, destination, content, application, or service, and which are designed to protect Customers from activities that can unreasonably burden our network or compromise security. JumpFiber Business’s online network is a bidirectional network, the proper management of which is essential to promote the use and enjoyment of the Internet by all of our Customers. JumpFiber Business monitors its network and attempts to address projected demand for capacity, taking reasonable steps to expand capacity as necessary.
- Viruses. Users must take appropriate action to prevent their systems from becoming infected with and/or distributing computer viruses such as but not limited to worms, “Trojan horses”, denial of service attacks bots. JumpFiber Business will take appropriate (as decided by JumpFiber Business’s sole discretion) action against Users infected with computer viruses or worms to prevent further spread.
- ENFORCEMENT. JumpFiber Business reserves the right to investigate violations of this AUP, including the gathering of information from the Customer or other Users involved and the complaining party, if any, and the examination of material on JumpFiber Business’s servers and network. JumpFiber Business prefers to advise Users of AUP violations and any necessary corrective action but, if JumpFiber Business, in its sole discretion, determines that a User has violated the AUP, JumpFiber Business will take any responsive action that is deemed appropriate without prior notification. Such action includes but is not limited to: temporary suspension of service, reduction of service resources, and termination of service. JumpFiber Business is not liable for any such responsive action and these actions are not exclusive. JumpFiber Business may take any other legal or technical action it deems appropriate.
- NO WAIVER. The failure by JumpFiber Business or its affiliates to enforce any provision of this Policy at any given point in time shall not be construed as a waiver of any right to do so at any future time thereafter.
- REVISION TO POLICY. JumpFiber Business reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of this Policy. Notice of modifications to this Policy may be given by posting such changes to JumpFiber Business’s homepage (www.jumpfiber.com), by email or by conventional mail, and will be effective immediately upon posting or sending. Customers should regularly visit JumpFiber Business’s website and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any customer or customer agreement and this Policy, the terms of this Policy will govern.
- JUMPFIBER BUSINESS RESERVES THE RIGHT AT ITS SOLE DISCRETION TO IMMEDIATELY SUSPEND, TERMINATE, OR RESTRICT USE OF THE SERVICE WITHOUT NOTICE IF SUCH USE VIOLATES THE AUP OR TOS, IS OBJECTIONABLE OR UNLAWFUL, INTERFERES WITH JUMPFIBER BUSINESS’S SYSTEMS OR NETWORK OR THE INTERNET OR OTHERS’ USE OF THE SERVICE.
JumpFiber Business Voice Terms and Conditions
These terms and conditions, along with the pricing and products and services described on JumpFiber’s website, along with the agreement you executed with JumpFiber, constitute the Agreement (“Agreement”) between JumpFiber, LLC. (“JumpFiber”, “we”, or “us”) and the user (“you,” “user” or “Customer”) of JumpFiber’s business communications services and any related products or services (“Service”). This Agreement governs both the Service and any equipment, such as a Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection Equipment, used in conjunction with the Service and it applies to all lines on each JumpFiber account. JumpFiber may, at its discretion and without notice, modify, change, add to or omit any terms and conditions in this Agreement without advance notice to you. Your use of this Service after one (1) full billing cycle constitutes your agreement to such changes. Upon request, JumpFiber will mail to you a paper copy of this Agreement. This Agreement shall be effective the later of: (i) the date it is signed by JumpFiber) or (ii) you first begin to use the Service (the “Effective Date”).
BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND CONDITIONS. YOU WAIVE ANY RIGHT TO TRIAL BY JURY TO RESOLVE ANY DISPUTES THAT MAY ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT.
- EMERGENCY SERVICES – 911 DIALING
YOU SHOULD BE AWARE THAT THERE ARE SOME CIRCUMSTANCES UNDER WHICH YOUR E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED IN SOME WAY. EXAMPLES OF THE LIMITATIONS OF YOUR E911 SERVICE WHEN COMPARED TO A TRADITIONAL TELEPHONE SERVICE ARE LISTED IN THIS SECTION. YOU ARE STRONGLY ADVISED TO FAMILIARIZE YOURSELF WITH THIS SECTION AND DISCUSS IT WITH YOUR JumpFiber REPRESENTATIVE IF THERE IS ANYTHING YOU FIND CONFUSING OR YOU DO NOT UNDERSTAND.
1.1 911 Dialing. All of our customers have access to either basic 911 or Enhanced 911 (E911) service. With E911 service, when you dial 911, your telephone number and registered address are simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. Customers have basic 911 in locations where the emergency center is not equipped to receive your telephone number and address. With basic 911, the local emergency operator(s) answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator(s) your phone number, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak.
You authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers.
1.2 Notify All Users. You should inform any CUSTOMERS, EMPLOYEES, guests OR other third persons who may be present at the physical location where you utilize the Service of the important difference in, and limitations of, JumpFiber 911 Dialing as compared with TRADITIONAL basic 911 or E911. The documentation that accompanies each piece of equipment you may purchase or lease will include a sticker concerning the potential non-availability of basic 911 or E911 (the “911 Sticker”). It is your responsibility to place the 911 Sticker as near as possible to each phone that you use with the Service. If you did not receive a 911 Sticker with your Equipment, or you require additional 911 Stickers, please contact our customer care department at 888-538-3960 for more stickers at no additional cost.
1.3 Location of Service. This Service is provided at a specific permanent address and not available as a nomadic offering. Before you move to another location, you must notify JumpFiber to determine if service can be provided at your new permanent address. If you attempt to use the Service without notifying JumpFiber and receiving our permission, emergency personnel may not be able to locate you to adequately respond to an emergency. Even with E911, emergency personnel may be dispatched at the address listed with us and not the address where you use the service if you fail to follow the requirements of this paragraph.
1.4 Service Outages.
(a) Service Outages Due to Power Failure or Disruption. Dependent upon your location, network backup power systems may be in place during the event of a power failure. The equipment provided may also provide limited battery backup. Consult with JumpFiber to determine whether or not your equipment has battery backup:
- Equipment with battery backup. Battery backup on qualifying equipment is limited. Excessive use during a power outage will result in shortened life of the internal battery. The equipment may provide indication of low battery voltage. Customer should contact JumpFiber for instructions or replacement. Failure of network power backup systems or the internal backup system during a power failure or disruption will prevent all Service, including 911 dialing, from functioning.
- Equipment without battery backup. Equipment that does not have a battery backup cannot support 911 dialing in event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the equipment prior to utilizing the Service, including 911 Dialing.
(b) Service Outages Due to Internet Outage or Suspension or Disconnection of Broadband Service or ISP Service. Service Outages due to Internet Outage or Suspension or Disconnect of Broadband Internet Service can cause 911 dialing from functioning. You understand you must obtain your own Internet connection, or obtain service from us (where available) to use the Service. We may not control your Internet access or the quality of your Internet connection. We are not responsible for problems caused by your Internet connection or for any third-party products or service, nor will we contact any third party providers on your behalf.
(c) Service Outage Due to Disconnection of Your JumpFiber Account. Service outages due to disconnection of your account will prevent all Service, including 911 Dialing, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge that JumpFiber is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of Service, including 911 Dialing, which may result. In the event you lose Service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you disconnect the Service in accordance with this Agreement.
(e) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. SUCH OUTAGES MAY OCCUR FOR A VARIETY OF REASONS, INCLUDING, BUT NOT LIMITED TO, THOSE REASONS DESCRIBED ELSEWHERE IN THIS AGREEMENT.
1.5 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
1.6 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using your 911 Dialing service are answered or addressed by any emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. NEITHER JumpFiber NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO OUR 911 DIALING SERVICE. You shall defend, indemnify, and hold harmless JumpFiber, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
1.7 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service.
1.8 Non-exclusive, Non-transferable License; Retention of Rights. The right to use any of the Service granted to the Customer is nonexclusive and nontransferable, and Customer shall prohibit use of the Service by any third party other than Customer for such Customer’s internal business purposes. It is expressly understood that title to the Service, any trade names, trade dress, trademarks, service marks, commercial symbols, copyrightable material, designs, logos and/or any other intellectual property belong to JumpFiber or its underlying providers and does not pass to the Customer.
Restrictions-Customer shall not:
(a) Copy or adapt the Service for any purpose, except as specifically permitted under this Agreement;
(b) Use the Service except in accordance with all applicable laws and regulations, and except as set forth in any documentation or instructions provided by JumpFiber;
(c) Reverse engineer, translate, decompile, or disassemble the Service;
(d) Use the Service in any outsourcing, application service provider, time-sharing or service bureau arrangement, including, without limitation, any use to provide Service or process data for the benefit of, or on behalf of, any third party other than the Customer;
(e) Cause or permit the disabling or circumvention of any security mechanism contained in or associated with the Service; or
(f) Delete, alter, cover, or distort any copyright or other proprietary notices or trademarks.
(a) Monthly Terms: Unless 2.1b applies, Service is offered on a month to month basis that begins on the date JumpFiber activates your Service, unless activation is delayed due to circumstances beyond the customer’s control – then the term starts once the impediment to activation is removed and ends on the day before the same date in the following month; but in all events, billing will commence within six (6) months of execution of the Agreement. Should you postpone the date of activation more than one time, you will be charged two-hundred fifty dollars ($250) per location for each and every postponement after the first postponement. For purpose of clarity, the preceding sentence does not obligate us to grant a postponement of the activation date. Subsequent terms of this Agreement automatically renew on a monthly basis unless you give us written notice of non-renewal at least thirty (30) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to disconnect Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You will also be responsible for the next full month’s charges in the event that you do not provide the requisite thirty (30) days notice of disconnection prior to the expiration of the then current term. Expiration of the term, suspension or disconnection of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.
(b) Term Agreements: Some products/services are available under a term agreement (Term). The Term starts on the day of the last billed new Service, or product (if applicable) whichever is later, and billing for Service commences when each Service is activated, unless activation is delayed due to circumstances beyond the customer’s control—then the billing starts once the impediment to activation is removed; but in all events, billing will commence within six (6) months of execution of the Agreement. Should you postpone the date of activation more than one time, you will be charged two-hundred fifty dollars ($250) per location for each and every postponement after the first postponement. For purpose of clarity, the preceding sentence does not obligate us to grant a postponement of the activation date. The Term will automatically renew thereafter (in each case, a “Renewal Term”), until terminated in accordance with the remaining terms of the Agreement:
- Either party may terminate a Term Agreement, for any reason or for no reason, at the end of the current term or any Renewal Term by providing the other party with not less than ninety (90) days prior written notice of termination.
- Either party may terminate a Term Agreement if the other party has committed a material breach of this Agreement, and such breach is not cured within thirty (30) days of the date the party in breach receives written notice of the breach. If we terminate this Agreement under this Section 2. (b) (ii) you shall pay us a termination fee equal to the sum of one hundred percent (100%) of the remaining minimum monthly fees that would have been incurred for the remainder of the Term of this Agreement (the “Termination Charge”), plus all fees incurred prior to the date of termination of services, plus any damages incurred by us as a result of your material breach.
(c) Before the end of the any term or Renewal Term, and without your breaching this Agreement, you may terminate a Term Agreement with respect to all Services by written notification to us. The Agreement shall terminate thirty (30) days thereafter, at which time you shall pay us a termination charge equal to the sum of one hundred percent (100%) of the remaining minimum monthly fees that would have been incurred for the remainder of the Term of this Agreement (the “Termination Charge”), plus all fees incurred prior to the date of termination of services. Customer has a right to reduce its Services requested without penalty if the reduction is related to a decrease in the number of the Customer’s employees utilizing the Services, and not to shift Services to a different provider.
2.2 Fair Use.
(a) Usage Review. JumpFiber reserves the right to review usage of all its plans to ensure you are not abusing them. You agree to use JumpFiber Services for normal voice or fax calls and will not employ methods or equipment to take advantage the Services by using the voice or fax services excessively or for means not intended by JumpFiber. JumpFiber may terminate Service immediately if it determines, in its sole discretion, you are abusing its plans. We reserve the right to at any time enforce this policy. For subscribers where usage to high cost areas (for example such as calls to rural numbers, Alaska or Hawaii) exceeds 5% of total call traffic, or more than 5% of call volume lasts less than 10 seconds, such usage may be deemed excessive in the sole discretion of JumpFiber. For such usage, you agree to pay a per minute or per page fee surcharge in excess of established levels at the current JumpFiber rate. The surcharge is currently (per prevailing rates) per minute and/or (per prevailing rates) per fax page. This surcharge applies to all plans, including the unlimited plans. Alternatively, in the sole discretion of JumpFiber, your Service may be immediately terminated.
(b) Small Business Unlimited Usage Definition: JumpFiber’s definition of “unlimited usage” is based on the combined number of inbound and outbound voice minutes and fax pages (excluding all JumpFiber advertising and informational messages). We reserve the right to at any time enforce this policy in accordance with its terms. If the average voice usage exceeds 2,000 minutes per extension or over 500 fax pages within any thirty-day period, such usage shall be deemed excessive. In that event, you agree to pay a per minute or per page surcharge, which is currently (per prevailing rates) per minute and/or (per prevailing rates) per fax page. This overage fee applies to all plans including the unlimited plans. Alternatively, in the sole discretion of JumpFiber, your Service may be immediately terminated.
(c) Enterprise Usage Definition:
- Hosted Simple – Unlimited usage – all seats with 10 digit telephone numbers come with an acceptable use of 2000 minutes of long distance. The 2000 minutes for each seat are pooled at the group/child account level. If the account has five (5) unlimited seats with telephone numbers, then the account has a total of 10000 minutes of long distance that are shared by the five seats. Outbound long distance (LD) includes calls in the continental US states, Alaska, Hawaii, and Canada.
- Hosted Select – Each call path includes 2,000 minutes of long distance. The 2,000 minutes for each call path are pooled at the group/child account level. If the account has five (5) call paths, then the account has a total of 10,000 minutes of long distance that will be shared by all of the hosted seats. Per minute overage charges will apply if the limit is exceeded. Outbound long distance (LD) includes calls in the continental US states, Alaska, Hawaii, and Canada.
- SIP Trunking – Unlimited usage – Each call path includes an acceptable use policy of 2,000 minutes of long distance. The 2,000 minutes for each call path are pooled at the group/child account level. If the account has five (5) call paths, then the account has a total of 10000 minutes of long distance that will be shared by all of the DIDs. Per minute overage charges will apply if the limit is exceeded. Outbound long distance (LD) includes calls in the continental US states, Alaska, Hawaii, and Canada.
- Virtual Fax – Virtual Fax 500 includes 500 inbound and outbound fax pages. Anything above 500 pages is $0.03 per page.
2.3 Prohibited Uses.
(a) Unlawful. You shall use the Service and the Equipment only for lawful purposes. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Equipment for an unlawful purpose. In the event of such disconnection, you will be responsible for the full charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Equipment for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, JumpFiber will provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
(b) Inappropriate Conduct. You shall not use the Service or the Equipment in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Equipment in any of the aforementioned ways. In the event of such disconnection, you will be responsible for the full charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Equipment in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, JumpFiber will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others. Furthermore, JumpFiber reserves all of its rights at law and equity to proceed against anyone who uses the Service illegally or improperly.
2.4 Copyright; Trademark; Unauthorized Usage of Equipment; Firmware or Software.
(a) Copyright; Trademark. The Service and Equipment and any firmware or software used to provide the Service, or provided to you in conjunction with providing the Service, or embedded in the Equipment, and all Service, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.
(b) Unauthorized Usage of Equipment; Firmware or Software. You have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Equipment, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Equipment is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Equipment for any other purpose. We reserve the right to prohibit the use of any interface equipment that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface equipment that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface Equipment with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
2.5 Tampering with the Device or Service. You shall not change the electronic serial number or Equipment identifier of the Equipment to perform a factory reset of the Equipment without our prior written consent. We reserve the right to disconnect your Service if we believe, in our sole and absolute discretion, that you have tampered with the Equipment. In the event of such disconnection, you will remain responsible for the full charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
2.6 Theft of Service. You shall not use the Service in a manner calculated to avoid JumpFiber policies and procedures. You shall not obtain or use the Service in an improper manner. You shall notify us immediately, in writing or by calling our customer support line, if the Equipment is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Equipment theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using Equipment stolen from you and any and all stolen, fraudulent or unauthorized use of the Service. JumpFiber reserves all of its rights at law and equity to proceed against anyone who uses the Service illegally or improperly.
2.7 Return of Equipment. Customers may return Equipment to us and we will also waive our termination fee, subject to the following: Service is disconnected within the first thirty (30) days following the activation of the Service; you return the Equipment to us within fourteen (14) days of the date you disconnected Service; we receive the Equipment in its original condition; you return original proof of purchase (if applicable) with the Equipment, together with the original packaging, all parts, accessories and documentation; and you pay all costs of returning the Equipment back to us. If you receive Equipment that is visibly damaged, you must contact our customer care department immediately at support@JumpFiber.com or 844-830-JUMP.
2.8 Ownership and Risk of Loss. If you purchase the Equipment, you bear all risk of loss of, theft of, casualty to or damage to the Equipment, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement.
2.9 No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, calling cards or 900 calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) Service in one or more (or all) service areas.
2.10 Incompatibility with Security Systems.
The Service may not be compatible with security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
2.11 Scope of Service.
a) The Service and the Equipment are solely and exclusively for the use of the Customer and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of this Agreement. Customer acknowledges the Service and the Equipment were developed, compiled, prepared, revised, selected and arranged by JumpFiber and others (including certain information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial, time, effort and money and constitute valuable industrial and intellectual property and trade secrets of JumpFiber and such others. Customer agrees to protect the proprietary rights of JumpFiber and all others having rights in the Service and the Equipment during and after the Term. Customer acknowledges and agrees that it has no ownership rights in and to the Service and that no such rights are granted under this Agreement. Customer shall honor and comply with all written requests made by JumpFiber or its suppliers to protect their and others’ contractual, statutory and common law rights in the Service and the Equipment with the same degree of care used to protect its own proprietary rights, which in no event shall be less than reasonable efforts. Customer agrees to notify JumpFiber in writing promptly upon becoming aware of any unauthorized access or use by any party or of any claim that the Service or the Equipment infringe upon any copyright, trademark, or other contractual, statutory, or common law rights.
b) Customer shall not access the Service through any medium or Equipment which JumpFiber has not authorized in writing, nor may any medium or Equipment by which the Service is provided be shared, moved, modified, interfaced, copied, broadcasted, reproduced, ported or otherwise routed with or to any other equipment without JumpFiber’s prior written consent. In addition, Customer shall not move, modify, interface, copy, broadcast, reproduce, port or otherwise use or route the Service or any portion thereof with or to any other equipment, network or software that JumpFiber, in its sole good faith judgment, determines is interacting or interfering or may interact or interfere with the performance of the Service or any portion thereof and, from time to time, upon JumpFiber’s request therefore, Customer shall promptly notify JumpFiber in writing of any and all such equipment, network and software. Service expressly provided by JumpFiber for operation on Customer’s own equipment shall be furnished without warranty as to compatibility, fitness or performance with such equipment, and Customer shall bear all cost and responsibility for such equipment. Unauthorized access or use is unlawful and JumpFiber and its suppliers shall have all rights provided by law to prevent such access or use and to collect damages in such event. Customer agrees to notify JumpFiber in writing promptly upon becoming aware of any unauthorized access or use. Customer shall not share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, the Services and/or the equipment. Customer may use the Service solely for its internal business purposes and may not use the Service for any development purposes or to develop any applications, software or otherwise that could in any way interact or interfere with the performance of the Service or any portion thereof, except as JumpFiber may expressly permit under a separate development license with Customer.
c) The analysis and presentation included in the Service shall not be recirculated, redistributed or published by Customer except for internal purposes without the prior written consent of JumpFiber and where necessary, with certain sources of the information included in the Service.
d) Customer shall not use any of JumpFiber’s or its Affiliated Companies’ trademarks, trade names, or service marks in any manner which creates the impression that such names and marks belong to or are identified with Customer, and Customer acknowledges that it has no ownership rights in and to any of these names and marks.
e) Customer acknowledges and agrees that JumpFiber may delegate certain of its responsibilities, obligations and duties under or in connection with this Agreement to a third party or an Affiliated Company of JumpFiber, which may discharge those responsibilities, obligations and duties on behalf of JumpFiber.
3.1 Equipment Purchases: You may purchase telecom Equipment to utilize the JumpFiber Service. You will be deemed to have accepted the items five (5) days after each is delivered and installed, unless you notify us in writing to the contrary. Returns for credit after five (5) days automatically receive a 20% restocking fee, along with an additional 10% fee for each additional 30-day period. If you receive Equipment that is visibly damaged, you must contact our customer care department immediately at support@JumpFiber.com JumpFiber may, at your request, facilitate the provision of Equipment from a third-party supplier or resell certain Equipment. Procuring and maintaining that Equipment is your sole responsibility. While we suggest and resell some Equipment brands and facilitate your purchase of some Equipment as an accommodation, the original Equipment manufacturer and not JumpFiber shall be responsible for any Equipment defects. JumpFiber will pass all original Equipment manufacturer warranties for the Equipment to you and will not have any liability to you regarding such Equipment. Please check the Equipment provider’s website for warranty, return rules and other terms and conditions applicable to such third-party Equipment supplier. ALL EQUIPMENT SALES ARE FINAL. Equipment may be returned to the manufacturer in the event of a defect that arises within the applicable warranty period, provided you comply with the terms of this Section and the manufacturer’s Return Materials Authorization (“RMA”) policy. Prior to returning the Equipment, you must contact JumpFiber so JumpFiber can determine whether a defect exists and to receive an RMA number, which is required along with the return. You must ship the Equipment to the manufacturer at the address provided by JumpFiber in accordance with all RMA procedures. You have 10 days after receipt of an RMA to ship the Equipment back to the manufacturer at the address we provide. You must pay all shipping fees. Once the manufacturer has received the Equipment, the original Equipment manufacturer will deal with the Equipment under its applicable warranty policy.
3.2 Equipment Lease. In addition to the other services referred to in this Agreement, we may rent Equipment to you for the sole purpose of use in connection with the Service. The term of use of the Equipment will be coterminous with the end of the term for the Service and any extensions thereof; you will be deemed to have accepted the items five (5) days after each is delivered and installed, unless you notify us in writing to the contrary. You may return any defective Equipment to us for a replacement as long as it has not been misused or damaged by you, your agents or invitees. Furthermore, you shall be responsible for ensuring that any JumpFiber Equipment is maintained in a secure location, and you shall be fully liable for any and all costs and charges associated with damage to or loss of JumpFiber Equipment:
|i. If you are not in default under this Agreement, your End of Contract (EOC) options for phone(s) or Equipment are: (a) to automatically renew the term for your other services including the Equipment; (b) purchase the Equipment for its/their then fair market value from JumpFiber, LLC. or one of its vendors.; or (c) return the phone(s). You must give us three (3) months prior written notice of your EOC option choice. Under option (b), upon receipt of all amounts due for the purchase of the Equipment, clear title will be transferred to you on an “As Is, Where Is” basis.
ii. If you elect to return Equipment to us upon expiration of your contract, you must notify us in writing of your intent at least three (3) months prior to contract expiration and you must return the Equipment to us immediately upon the EOC. The Equipment must be in good condition and working order, reasonable wear and tear expected (“Good Working Order”). We reserve the right to recover full reimbursement from you for the reasonable cost and expense incurred by us to restore such Equipment to Good Working Order. You will return the Equipment to a location in the United States designated by us. You are responsible for any costs associated with de-installation, packing, proper content labeling and return of the Equipment. Prior to return of Equipment, you are responsible for removing all your information and data, including programs not licensed to the Equipment. We have no obligation to remove your information or any other party’s information from any Equipment. The return of Equipment shall constitute a full release by you of any leasehold rights or possessory interest in the Equipment.
- CHARGES; PAYMENTS; TAXES; DISCONNECTION
4.1 Billing. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears), including but not limited to: activation fees; monthly Service fees; equipment rental fees; usage charges; international usage charges; advanced feature charges; advanced features/add-ons; regulatory recovery fee, universal service fund; 911 fees; federal, state and/or local taxes; disconnection fees; and shipping and handling charges. The amount of such fees and charges shall be published on our website and may change from time to time. JumpFiber may introduce new products and services at special introductory pricing. Introductory pricing may change at JumpFiber’s discretion. Notification of monthly invoices will be sent to you via mail or your email address on file with us. Any usage charges will be billed in increments that are rounded up to the nearest minute.
The above fees are defined as follows:
Activation Fee – This fee covers charges for setting up your account and activating you on our system.
Monthly Service Fee – This is the basic charge associated with your Service. This fee includes the calling charges defined by your plan; the features associated with your plan and basic account Service.
Equipment Lease Fees – This is the charge associated with the lease of equipment for the sole purpose of use in connection with the Service.
Usage Charges – If you exceed the number of calling minutes on your plan, JumpFiber will bill you for the minutes you use above your allowance. JumpFiber also bills for calls to directory assistance and other information services.
International Usage Charges – These are the fees associated with calls to locations outside of the US, and Canada.
Advanced Features, Add-Ons, Premium Services – JumpFiber charges additional fees for enhanced features and services such as Virtual Phone Numbers.
Universal Service Fund – The Universal Service Fund (USF) provides support to promote access to telecommunications services at reasonable rates for those living in rural and high-cost areas, income-eligible consumers, rural health care facilities, and schools and libraries All telephone companies that provide service between states and internationally, including wireless companies, must contribute a percentage of their revenues derived from these services to the USF.
Taxes – JumpFiber is required to bill and collect local, state and federal taxes imposed on JumpFiber customers by the various taxing authorities. JumpFiber passes all taxes it collects on to the appropriate taxing authority.
911 Fees – State and/or local governments may assess fees on JumpFiber to pay for emergency services in your community. JumpFiber bills and collects 911 fees from its customers and remits such fees to the appropriate authority. Depending on where you live, these fees can vary widely. JumpFiber is committed to supporting public safety services and resources in your State.
4.2 Billing Disputes. You must notify us in writing within thirty (30) days after receiving your statement if you dispute any JumpFiber charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:
16414 San Pedro Ave
San Antonio, Texas 78232
4.3 Payment and Collection.
(a) Payment. We bill in advance, except for usage on a monthly basis. Payment is due upon receipt. If payment is not received by the due date, at late fee of 1.5% of the unpaid balance will apply.
(b) Collection. If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney’s fees.
(c) Notices. JumpFiber will provide ten days’ advance notice prior to disconnection of service.
4.4 Disconnection; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service or a service component, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final month’s charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for the full charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable. JumpFiber will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus.
4.5 Taxes. State and local governments may assess taxes, surcharges and/or fees on your use of JumpFiber Service. These charges may be a flat fee or a percentage of your JumpFiber charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or equipment. Such amounts are in addition to payment for the Service or equipment and will be billed to you as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax exempt status. Tax exemption will only apply from and after the date we receive such certificate.
4.6 Charges for Directory Calls (411). We will charge you $1.00 for each call made to directory assistance.
4.7 Charges for Operator Assisted Calls (0). We will charge you $3.00 for each call made to operators asking for assistance.
- LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
5.1 Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
- An act or omission of an underlying carrier, service provider, JumpFiber or other third party
- Equipment, network or facility failure
- Equipment, network or facility upgrade or modification
- Force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions
- Equipment, network or facility shortage
- Equipment or facility relocation
- Service, equipment, network or facility failure caused by the loss of power to you
- Outage of, or blocking of ports or other impediment to usage of the Service caused by any third party
- Any act or omission by you or any person using the Service or Equipment provided to you
- Any other cause that is beyond our control, including, without limitation, a failure of or defect in any equipment, the failure of an incoming or outgoing communication, the inability of communications including, without limitation, 911 Dialing, to be connected or completed, or forwarded.
Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
5.2 Disclaimer of Liability for Damages. IN NO EVENT WILL JumpFiber, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICE TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
5.3 Indemnification and Survival.
(a) Indemnification. You shall defend, indemnify, and hold harmless JumpFiber, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) by, or on behalf of, you or any third party or user of the Service, relating to the Service, including, without limitation, 911 Dialing, or the Equipment.
(b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
5.4 No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR EQUIPMENT WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER JumpFiber NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICE, EQUIPMENT, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR EQUIPMENT OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF JUMPFIBER’S OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR EQUIPMENT, IF ANY, BY JumpFiber OR JUMPFIBER’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. WE WILL USE OUR BEST EFFORTS TO PROVIDE DIRECTORY LISTING INFORMATION TO A DIRECTORY CONTAINING SUBSCRIBER LISTING INFORMATION (SLI). WE SHALL NOT BE LIABLE FOR THE CONTENT OR ACCURACY OF ANY SLI (INCLUDING, BUT NOT LIMITED TO, A FAILURE BY ONE OR MORE DIRECTORIES TO “UN-PUBLISH” A NUMBER; ONE OR MORE DIRECTORIES PUBLISHING A WRONG NUMBER OR ONE OR MORE DIRECTORIES FAILING TO PUBLISH A LISTING) PROVIDED UNDER THIS AGREEMENT. YOU SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND US OR OUR SERVICE PROVIDERS FROM AND AGAINST ANY DAMAGES, LOSSES, LIABILITIES, DEMANDS, CLAIMS, SUITS, JUDGEMENTS, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING FROM, OR RELATING TO, DIRECTORY LISTINGS AND/OR RESULTING FROM OR ARISING OUT OF YOUR OR A THIRD PARTY’S CLAIM OF INACCURATE LISTINGS, FAILURE OF LISTINGS, INACCURATE USE OF THE SLI, OR FAILURE TO “UN-PUBLISH” A LISTING.
5.5 No Hardware Warranty. YOU ACKNOWLEDGE THAT JumpFiber IS NOT THE MANUFACTURER OF ANY HARDWARE OR EQUIPMENT AND THAT ALL HARDWARE AND EQUIPMENTS ARE BEING PROVIDED BY JumpFiber “AS IS” AND WITHOUT WARRANTY OR GUARANTY OF ANY KIND. YOU AGREE TO LOOK EXCLUSIVELY TO THE ORIGINAL EQUIPMENT MANUFACTURER OF SUCH HARDWARE AND EQUIPMENTS WITH RESPECT TO ANY WARRANTY OR OTHER CLAIMS RESPECTING SUCH HARDWARE AND EQUIPMENT.
5.6 No Third-Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
5.7 Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or equipment (each such person, a “User”). You shall assure that your and your User’s use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Service and remove your or your Users’ content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Service to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users’ use or content.
6.1 Entire Agreement. This Agreement, the Service Agreement, Equipment Rental Agreement, and the Equipment Purchase Agreement you executed with JumpFiber, and the fee schedule for Service found on JumpFiber’s Web site constitute the entire agreement between you and JumpFiber and govern your use of the Service, superseding any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
6.2 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
6.3 Privacy. JumpFiber’s Service utilizes, in whole or in part, the public Internet and third-party networks to transmit voice and other communications. JumpFiber is not liable for any lack of privacy, which may be experienced with regard to the Service.
6.4 Subcontractors. You understand, acknowledge, and agree that from time-to-time during the term of this:
Agreement, JumpFiber may, in its sole and absolute discretion, delegate performance of some or all of its rights and obligations hereunder to third parties selected by JumpFiber. You hereby consent to such subcontracting activity, provided that JumpFiber shall remain accountable to you for the performance of any such obligations.
6.5 Letter of Authorization. The undersigned Customer hereby appoints JumpFiber, LLC. (“JumpFiber”) as agent for JumpFiber to act as its authorized agent for all matters pertaining to the number(s) populated in the appropriate fields. This agency includes disconnections of service and other requests as deemed necessary by JumpFiber to implement the services ordered from JumpFiber, including but not limited to: (1) securing information for activating, porting disconnecting, editing and transferring service for Customer, (2) securing information for the purposes of resolving technical issues for Customer, (3) securing information for activating, removing, changing and editing Customer’s directory listings.
6.6 Disputes. We each waive trial by jury in any civil actions or proceedings that are brought by either of us under the Agreement. Any and all disputes between us that arise under or in connection with this Agreement which cannot be resolved through good faith negotiation, or through discussions between each party’s legal counsel, shall be submitted to non-jury trial, to be conducted in San Antonio, TX.
6.7 Export Controls. Customer acknowledges that the export, import, and use of certain hardware, software, and technological data provided under this Agreement is regulated by the United States and other governments and agrees to comply with all applicable laws and regulations, including the U.S. Export Administration Act, the regulations promulgated thereunder by the U.S. Department of Commerce, and any other applicable laws or regulations such as those that prohibit certain services from being used in or accessed by a national of Cuba, Iran, North Korea, Sudan, Syria or any other sanctioned or embargoed country.
6.8 Miscellaneous Terms:
- INTENDED USE. You are purchasing the Service for business purposes. The Service will not be used primarily for personal, family, or household purposes.
- 911 SERVICE. If you purchase broadband access as part of the Service, you agree that without limiting the obligations assumed by you under, as well as the other qualifications, limitations, and restrictions imposed by, the General Terms, JumpFiber subcontractors are not responsible for managing 911 access.
a. ACCEPTABLE USE POLICY. JumpFiber’s Acceptable Use Policy, which can be accessed and read on JumpFiber’s website, is incorporated herein by reference:
- EQUIPMENT AND HARDWARE. Under the terms of JumpFiber’s agreements with its subcontractors, only Equipment provided by the subcontractor has been approved for use with some elements of the Service. If you intend to use any equipment not provided by JumpFiber, such equipment must be approved by JumpFiber in advance. JumpFiber reserves the right to refuse or terminate Service if you are using equipment that has not been approved by JumpFiber or, if applicable, a JumpFiber subcontractor.
6.9 Consent to use Electronic Signatures and Records. For your convenience, JumpFiber provides access to its Service online. This may require you to enter into agreements or receive notices electronically. As a result, you acknowledge and agree that by clicking “I Agree” or “I Accept”. You agree to conduct electronically without limitation the particular transaction into which you entered including entering into this Agreement:
- You have read and understand the electronic copy of electronic contracts, notices and records, without limitation including this Agreement, and any policies and any amendments;
- You agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter;
- You are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and
- You agree to receive electronically information about the Service and other electronic records into which you thereby enter including, without limitation, this Agreement.
6.10 Interpretation: The parties agree that, before signing this Agreement, each has had an opportunity (and is advised) to consult legal representation to assist it in interpreting and understanding the implications, duties, and potential liabilities that arise under this Agreement. Consequently, this Agreement shall not be construed more strongly as against one party versus the other.
JumpFiber Residential Internet Service Agreement
THESE TERMS AND CONDITIONS OF SERVICE GOVERNING YOUR USE OF JUMPFIBER INTERNET SERVICE INCLUDE A BINDING ARBITRATION PROVISION IN THE GENERAL TERMS AND CONDITIONS FOR JUMPFIBER RESIDENTIAL SERVICES, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
Subscriber’s use of the Internet Service shall be deemed acknowledgment that Subscriber has read and agreed to the Terms of Service. Any user who does not agree to be bound by these terms should immediately stop their use of the Internet Service and notify JumpFiber’s Customer Service at 844-830-JUMP to terminate the account. Terms that are initially capitalized but not defined, will have the defined meaning given to them in the other documents referenced above. The Terms of Service constitute a legal binding document.
JumpFiber regularly updates and amends these Terms of Service. Subscriber should consult JumpFiber’s website www.JumpFiber.com to be sure Subscriber remains in compliance.
- Equipment. To use the Internet Service, Subscriber must meet minimum computer, device, in-home network and system requirements as identified by JumpFiber:
- Computer Equipment: The personal computer or device that Subscriber uses to access the Internet Service must meet minimum configuration standards. Please refer to JumpFiber’s Hardware & Software Requirements for the current specifications. The minimum configuration standards may change, and JumpFiber will make reasonable efforts to support previously acceptable configurations; however, JumpFiber is not obligated to continue to provide such support. JumpFiber may supply equipment such as Routers, gateways, or wireless cards, at no charge or for a one time or reoccurring fee, to operate the Internet Service. Subscriber acknowledges that such equipment may require updates and/or changes to the software resident in the equipment and that Subscriber may be required to perform such updates and/or changes. Notwithstanding, Subscriber hereby authorizes JumpFiber to perform updates and/or changes, on-site or remotely from time to time as JumpFiber deems necessary, in JumpFiber’s sole discretion.
- JumpFiber does not provide technical assistance for third-party hardware or software, including but not limited to home networks or gaming systems. Any questions concerning third-party hardware or software should be directed to the manufacturer of that product. JumpFiber is not responsible for the operation or support, maintenance or repair of any equipment, software or services that Subscriber elects to use in connection with the Internet Service.
- Subscriber will not connect any equipment, other than equipment authorized by JumpFiber, to the cable Router outlet. Subscriber understands that failure to comply with this restriction may cause damage to the JumpFiber network and subject Subscriber to liability for damages and/or criminal prosecution. Subscriber may not alter, modify or tamper with the Equipment or the Internet Service, or permit any other person, not authorized by JumpFiber, to do the same.
- Network Interface. When JumpFiber installs the Internet Service, Subscriber will need a network interface card or adapter providing an Ethernet connection. Alternatively, subscriber may connect to a home networking device (commonly referred to as a router or gateway).
- Router Equipment. Subscriber may lease a Router from JumpFiber or may purchase and use a Router purchased at retail from a third party, provided that such retail device has been tested, certified and approved by JumpFiber in accordance with its Minimum Hardware & Software Requirements Policy. Monthly charges for Internet Service will not be reduced or otherwise discounted if the Subscriber elects to use a third party Router. Subscriber must return Routers and any other equipment leased from JumpFiber at the end of the lease period.
- Software. At the time of installation of the Internet Service, JumpFiber may provide Subscriber with common JumpFiber or third-party software (e.g., a browser and plug-ins) to enable and enhance the Internet Service. JumpFiber does not support third-party software. Any and all software provided by JumpFiber is the property of JumpFiber and/or its suppliers and licensors. JumpFiber hereby grants Subscriber a nonexclusive, nontransferable license to install and use on Subscriber’s computers, devices, and/or system(s) the software for use solely in connection with the Internet Service. Subscriber’s license to use any software provided by JumpFiber and its suppliers and licensors is contingent upon Subscriber’s compliance with all use and other restrictions contained in the Terms of Service and the AUP. It is a material breach for Subscriber to copy, duplicate, reverse engineer or in any way modify, change, tamper with or interfere with any software provided to Subscriber by JumpFiber. Upon any termination or expiration of the Terms of Service or the disconnection of Subscriber’s Internet Service, this license will terminate and Subscriber agrees to then destroy all copies of the software that were delivered to Subscriber (including by erasing and deleting the software from Subscriber’s computer system). Subscriber hereby represents and warrants to JumpFiber that Subscriber owns the operating system software and associated use/license rights thereto for the computers that are connected to the JumpFiber network.
- Security. Subscriber acknowledges and agrees that when using the Internet Service to access the Internet or any other online network or service, there are certain risks that may enable other Internet users to gain access to or use of Subscriber’s equipment. Subscriber is responsible for taking and should take all appropriate security measures when using the Internet Service. Subscriber assumes sole responsibility for Subscriber’s equipment used in conjunction with the Internet Service and for providing and configuring any “firewall” or security measures for use with the Internet Service to prevent damage from viruses, malware, or other similar malicious items and to prevent unauthorized access to the Internet Service, and Subscriber, not JumpFiber, shall be solely responsible in any manner for the effectiveness of these blocking and filtering technologies. JumpFiber does not warrant that others will be unable to gain access to Subscriber’s computer(s) and/or data even if Subscriber utilizes blocking and filtering technologies, nor does JumpFiber warrant that the data or files will be free from computer viruses or other harmful components. JumpFiber has no responsibility and assumes no liability for the protections Subscriber may employ nor for any damages that may arise from accessing the Internet.
Subscriber shall not permit or enable any use of Subscriber’s account or account passwords by any person not a member of Subscriber’s household. Subscriber is responsible for any misuse of the Internet Service that occurs through Subscriber’s account whether by a member of Subscriber’s household or unauthorized third-party.
- Term. JumpFiber Internet Service shall continue until such time as terminated by Subscriber, which shall be effective upon notice, or terminated by JumpFiber for breach (including nonpayment) of the Terms of Service or a violation of the AUP. JumpFiber will not be responsible for the return of data stored on JumpFiber’s servers, such as web and e-mail servers if Subscriber’s account is suspended or terminated.
- Disclaimer of Warranties and Limitation of Liability.
- No Warranty. Subscriber agrees that Subscriber uses the Internet Service and any software and equipment supplied by JumpFiber at Subscriber’s sole risk. The Internet Service and JumpFiber equipment are provided on an “as-is basis”, if applicable, without warranties of any kind including without limitation any warranties of title, non-infringement, fitness for a particular purpose and merchantability. JumpFiber does not warrant uninterrupted use of Internet Service. JumpFiber does not warrant that the Internet Service will be error-free or free of any viruses, worms, spam, pop-up advertising, spyware, adware, denial of service attacks or other harmful components, even if countermeasures have been deployed. JumpFiber does not warrant that any data or files Subscriber sends or receives via the Internet Service will be transmitted in uncorrupted form, within a reasonable time, or free from unauthorized access by others or that other users will be unable to gain access to Subscriber’s computer. This includes, but is not limited to, incidents of file sharing, print sharing, or use of other means that enable Internet users to gain access to Subscriber’s equipment or to monitor Subscriber’s activity and conduct while using the Internet Service.
- Anti-Spam Software. Subscriber acknowledges and understands that JumpFiber may utilize anti-spam software and that such security technology is a feature of the Internet Service that may block incoming and outgoing electronic mail. JumpFiber does not warrant that such feature will block all unwanted mail/spam or that all mail that is blocked constitutes unwanted mail/spam. Consistent with other statements set forth in this section, JumpFiber does not warrant that such feature will be error-free.
- Security Software. In addition, in its sole discretion, JumpFiber may make available to Subscriber security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, parental control software, and anti-spyware or anti-adware software for Subscriber’s use on Subscriber’s computer system in conjunction with the Internet Service. Any such security software provided by JumpFiber to Subscriber is intended to provide only a minimal level of protection to Subscriber’s computer system(s). Subscriber understands and agrees that JumpFiber and its third-party suppliers of any such security software do not guarantee its accuracy, efficacy or performance. Subscriber understands and agrees that JumpFiber and its third-party suppliers are not responsible for any damage to Subscriber’s computer system(s) or the information stored on it that may result from the security software or its non-performance.
- Third Party Sites. When Subscriber uses the Internet Service and/or accesses JumpFiber web sites, Subscriber may encounter links allowing Subscriber to visit web sites operated or owned by third parties (“Third Party Site(s)”). JumpFiber provides these links as a convenience and they are not under the control or ownership of JumpFiber. The presence of a link to any Third-Party Site is not an endorsement by JumpFiber of the Third-Party Site, an acknowledgment of any affiliation with its operators or owners, or a warranty of any type regarding any information or offer on the Third Party Site. Subscriber’s use of any third-party site is governed by the various legal agreements and policies posted at that web site.
- Subscriber understands and agrees that JumpFiber does not guarantee that any particular amount of bandwidth on the JumpFiber network or that any speed or throughput of Subscriber’s connection to the JumpFiber network will be available to Subscriber. Subscriber understands and agrees that the speed of the Internet Service provided at Subscriber’s site will vary depending upon a number of factors, including Subscriber’s computer system(s) and associated equipment (e.g., Subscriber-sourced Wi-Fi routers/access points, etc.), Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond JumpFiber’s control, and system failures, modifications, upgrades and repairs. Subscriber understands that Subscriber’s wireless connections and use of wireless routers may be subject to greater fluctuations in speed and latency and may be adversely affected by interference, congestion, distance, and other outside factors.
- Subscriber understands that JumpFiber may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with JumpFiber’s AUP. Subscriber should reference JumpFiber’s AUP for additional details.
- Subscriber further understands and agrees that, to allocate bandwidth across all of its users, JumpFiber may employ reasonable network management techniques as identified in JumpFiber’s AUP.
- Subscriber’s sole and exclusive remedies under the Terms of Service are as set forth in these Terms of Service. Because some States do not allow the exclusion or limitation of implied warranties, some of the above exclusions may not apply to Subscriber.
- Limitation of Liability/Exclusive Remedy. JumpFiber’s entire liability and Subscriber’s exclusive remedy with respect to the use of the Internet Service or its software and equipment, or any breach by JumpFiber of any obligation JumpFiber may have under these Terms of Service, shall be Subscriber’s ability to terminate the Internet Service or to obtain the replacement or repair of any defective software or equipment provided by JumpFiber to Subscriber. In addition, JumpFiber shall not be liable for damages for failure to furnish, or the degradation or interruption of, any services, for any lost data or content, identify theft, for any TV, monitor or screen burn-in, monitor or screen wear, stuck pixels, phosphor burn, files or software damage, regardless of cause. JumpFiber shall not be liable for damage to property or for injury to any person arising from the installation, maintenance or removal of equipment, software, wiring or the provision of the Internet Service.
- Network Security and Management. Subscriber agrees that JumpFiber may block traffic to and from any source, including, without limitation, the deletion of any electronic mail, as it deems necessary to secure its network and/or eliminate spam. JumpFiber may take other actions, in its sole discretion, to manage or protect its network or to benefit the greatest number of its subscribers as identified in JumpFiber’s AUP. JumpFiber may take these actions, with or without notice, in situations where JumpFiber believes, in its sole discretion that Subscriber may harm the JumpFiber network or disrupt the performance of the Internet Service for other users or where Subscriber is transmitting or is otherwise connected with what JumpFiber considers in its sole discretion to be spam or other malicious code or software. Subscriber agrees that JumpFiber is entitled to damages if Subscriber is transmitting or is otherwise connected with spam or other malicious code or software. Subscriber agrees JumpFiber is entitled to actual damages, however, if actual damages cannot be reasonably calculated, Subscriber agrees to pay JumpFiber liquidated damages of five dollars (U.S. $5.00) for each piece of spam or other malicious code or software transmitted from or otherwise connected with Subscriber’s account.
- Additional Terms for JumpFiber Wi-Fi. JumpFiber Wi-Fi supported by the JumpFiber-provided wireless router (“JumpFiber Router”) is a service available to certain subscribers and provides wireless access to the JumpFiber Internet Service within the Subscriber’s residence (“Home Network”) and beyond the Subscriber’s residence, for which Subscriber may be charged a fee consistent with JumpFiber’s then-current practices. The JumpFiber Managed Router comes programmed with certain default settings and configurations for the Home Network. Subscriber may modify the default settings and configurations on the JumpFiber Managed Router although JumpFiber recommends maintaining the default configuration and settings. JumpFiber does not guarantee the security of the JumpFiber Managed Router and Subscriber’s connection to the Internet Service via the Home Network. JumpFiber Wi-Fi accessed beyond the Home Network may be subject to additional terms and conditions imposed by the respective third party whose network the Subscriber may access. JumpFiber is not responsible for the speed or performance of the Internet Service to the extent accessed by Subscriber on a third-party network. Subscriber understands and agrees that Subscriber is solely responsible for the security of their Home Network and must enable and use encryption in order to access JumpFiber-provided applications. JumpFiber reserves the right to preconfigure the JumpFiber Managed Router to distribute a wireless Internet access point (i.e. a JumpFiber Wi-Fi Hotspot) separate from the Home Network. Any use of bandwidth from such wireless access point by third parties will not be considered to be use by the Subscriber for any purpose. Subscriber shall have the right to disable such JumpFiber Wi-Fi Hotspot, and shall not be responsible for the security of the Wi-Fi Hotspot. The JumpFiber Managed Router will collect and maintain certain information regarding access to and use of the Home Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by JumpFiber to provide the Internet Service and support, as well as for JumpFiber’s internal business analytics regarding the use of the Internet Service. Subscriber acknowledges and agrees that JumpFiber shall have access to the network name and password associated with the JumpFiber Managed Router in order to provide support and diagnostic services. JumpFiber reserves the right to modify the network name and password for the JumpFiber Managed Router in order to safeguard Internet security, the security and privacy of Subscriber’s information, where required by law, and/or for other good cause to provide, upgrade and maintain the Internet Service, and protect the network, other users of the Internet, or our subscribers. Subscriber acknowledges that the JumpFiber Managed Router is JumpFiber Equipment.
- General Subscriber Responsibilities and Warranties. When Subscriber completes registration for the Internet Service, Subscriber must establish an identity by selecting a user name and password to be used by Subscriber to access the Internet Service. Subscriber is responsible for maintaining the confidentiality of their user name and password. Subscriber agrees that Subscriber is responsible for anyone using Subscriber’s computer system, password or name or user name in connection with the Internet Service and for ensuring that anyone who does use the Internet Service through Subscriber’s computer or access to the Internet Service, does so in accordance with the Terms of Service and the AUP. Subscriber agrees to take all reasonable measures necessary to ensure that the Internet Service is not used by another without Subscriber’s consent.
- Subscriber shall be responsible for procuring and installing patches, any and all anti-virus and firewall software/ hardware and operating system patches, up-dates, or supplements that may be necessary for: (i) the protection and maximum functionality of Subscriber’s computer and related equipment and (ii) the protection of JumpFiber’s network and other subscribers. For purposes of clarification, JumpFiber hereby disclaims any and all responsibility and liability for any damages that may arise from Subscriber’s failure to procure or install the aforementioned security software and /or hardware.
- Amendment. JumpFiber may, in its sole discretion, change, modify, add or remove portions of the Terms of Service at any time. JumpFiber may notify Subscriber of any such changes by posting notice of such changes on JumpFiber’s website at www.JumpFiber.com, under “Terms of Service/Policies”, or sending notice via electronic mail or U.S. postal mail. The Subscriber’s continued use of the Internet Service following notice of such change, modification or amendment shall be deemed to be the Subscriber’s acceptance of any such modification. If Subscriber does not agree to any modification of the Terms of Service, Subscriber must immediately cease using the Internet Service and notify JumpFiber that Subscriber is terminating the Internet Service. In addition, the Terms of Service are subject to change in compliance with applicable law.
- Entire Agreement. The Terms of Service shall be posted at www.JumpFiber.com, under “Terms of Service/Policies,” and are the only terms and conditions that govern the Internet Service. No undertaking, representation or warranty made by any agent or representative of JumpFiber in connection with the sale, installation, maintenance or removal of the Internet Service shall modify or amend the Terms of Service.
JumpFiber Residential Acceptable Use Policy
By using the Service, the Subscriber agrees to abide by, and require each user of the Service to abide by, the terms of this AUP and associated Terms of Service. Any user who does not agree to be bound by these terms must immediately cease use of the Service and notify the JumpFiber Customer Service Department to terminate the account:
- Use. The Service is designed for personal and family use (residential use only) within a single household. Subscriber agrees that only Subscriber and Subscriber’s authorized guests in the same household will use the Service. Subscriber is responsible for any misuse of the Service that occurs through Subscriber’s account, whether by a member of Subscriber’s household or an authorized or unauthorized third-party. Subscriber will not use, or enable others to use, the Service to operate any type of business or commercial enterprise, including, but not limited to, IP address translation or similar facilities intended to provide additional access. Subscriber will not resell or redistribute, or enable others to resell or redistribute, access to the Service in any manner, including, but not limited to, through the use of wireless technology. JumpFiber reserves the right at its sole discretion to immediately suspend, terminate, or restrict use of the Service without notice if such use violates the AUP or the Terms of Service, is objectionable or unlawful, or interferes with JumpFiber’s systems, or Internet Network, the Internet, or others’ use of the Service.
- Prohibited Activities Using the System, Network, and Service. Any activity or use of the Service which violates system or network security or integrity are prohibited and may result in criminal and civil liability. Such violations include, without limitation, the following:
- Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network;
- Interference with Internet service to any user, host, or network, including but not limited to: mail bombing, flooding, or denial of service attacks.
- Forging the header of any transmitted information packet, email, or Usenet posting;
- Modifying or tampering with any hardware, software, or configuration provided by JumpFiber including but not limited to: routers, switches, and cable Router configuration files.
- Reselling or otherwise redistributing the Service.
- Disrupting, degrading or otherwise adversely affecting JumpFiber’s network or computer equipment owned by JumpFiber or other JumpFiber subscribers.
- Transmit unsolicited bulk or commercial messages commonly known as “spam.”
- Assuming or assigning a JumpFiber IP address that was not allocated to the user by JumpFiber or its network – all JumpFiber Internet users must use DHCP assigned by the Service to acquire an IP address.
- Either of the following activities by a Subscriber using dedicated machines (also known as “machines” or “dedicated servers”) or virtual dedicated servers (also known as “VDS”, “VPS”, “virtual machines”, and/or “virtual servers”): (i) running a tunnel or proxy to a server at another host or (ii) hosting, storing, proxy, or use of a network testing utility or denial of service (DoS/DDoS) tool in any capacity.
- Because the Service is for residential use only, any use of the service for non-residential purposes is not permitted and may result in reduction in service, suspension, or termination at the sole discretion of JumpFiber. Non-residential purposes include, without limitation, the following:
- Running any type of server on the system that is not consistent with personal, residential use. This includes but is not limited to FTP, IRC, SMTP, POP, HTTP, SOCS, SQUID, NTP, DNS or any multi-user forums.
- Distributing in any way information, software or other material obtained through the service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner.
- IP address translation or similar facilities intended to provide additional access.
- No Illegal or Fraudulent Use. The Service may be used only for lawful purposes. Subscriber will not use or allow others to use the service in any manner that is in violation of any applicable federal, state, local or international laws or regulations or to promote, engage in, or enable illegal activity or conduct that violates or infringes upon the rights of any person. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, illegal, defamatory, constitutes an illegal threat, or violates export control laws. Furthermore, use of the Service to impersonate a person or entity is not permitted.
- Security/Abuse of Resources. User is solely responsible for the security of any device connected to the Service, including any data stored on that device. Users shall take all necessary steps to avoid actions that result in the abuse of a resource on their network. Examples of abuse of resources include without limitation: open news servers, open SMTP servers, unsecure wireless routers, and unsecure proxy servers. In the instance when the Subscriber is using a wireless router, JumpFiber requires that any wireless network be secure and encrypted. Open, unencrypted wireless networks are strictly prohibited.
Should an issue arise, Subscriber is required to address the problem in a timely fashion. Failure to address an issue after notification will be considered a violation of this AUP.
- Network Management. JumpFiber uses a variety of reasonable network management tools and practices consistent with industry standards. In the event the periods of congestion necessitate such management, JumpFiber has available the following tools and practices (without limitation and as may be adjusted over time): (i) Subscriber Traffic Management (STM) technology to temporarily lower the priority of traffic with the greatest impact on peak congestion; (ii) spam filtering and detection techniques; and (iii) measures to protect the security and integrity of its network, resources and subscribers (e.g., IP reputation services from multiple sources to deny mail relay to suspect IPs off JumpFiber IP space, real-time IP block lists to determine whether to accept a connection to inbound mail servers, port security techniques such as encryption and authentication, and email server-to-server traffic monitoring). In limited instances if employed, these techniques may affect the throughput rate at which subscribers may send and receive data, the ability of users to establish session connections within the network, or result in the delay of certain traffic during times of peak congestion.
- Viruses. Users must take appropriate action to prevent their systems from becoming infected with and/or distributing computer viruses such as but not limited to worms, “Trojan horses”, denial of service attacks, and bots. JumpFiber will take appropriate (as decided by JumpFiber’s sole discretion) action against Users infected with computer viruses or worms to prevent further spread.
- Enforcement. JumpFiber reserves the right to investigate violations of this AUP, including the gathering of information from the Subscriber or other Users involved and the complaining party, if any, and the examination of material on JumpFiber’s servers and network. JumpFiber prefers to advise Users of AUP violations and any necessary corrective action but, if JumpFiber, in its sole discretion, determines that a User has violated the AUP, JumpFiber will take any responsive action that is deemed appropriate without prior notification. Such action includes but is not limited to: temporary suspension of service, reduction of service resources, and termination of service. JumpFiber is not liable for any such responsive action and these actions are not exclusive. JumpFiber may take any other legal or technical action it deems appropriate.
- No Waiver. The failure by JumpFiber or its affiliates to enforce any provision of this Policy at any given point in time shall not be construed as a waiver of any right to do so at any future time thereafter.
- Revisions to Policy. JumpFiber reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of this Policy. Notice of modifications to this Policy may be given by posting such changes on JumpFiber’s website at www.JumpFiber.com/policies, under “Terms of Service/Policies,” by email or by conventional mail, and will be effective immediately upon posting or sending.