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 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. This is a binding legal document (the “Agreement”).
JumpFiber regularly updates and amends Terms of Service. Subscriber should consult www.JumpFiber.com to be sure Subscriber remains in compliance.
1. Equipment: To use the Internet Service, Subscriber must meet minimum computer, device, and system requirements as identified by JumpFiber.
a. 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 System 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 modems, gateways, routers, or wireless cards, for a 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.
b. 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.
c. Subscriber will not connect any equipment, other than equipment authorized by JumpFiber. 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.
2. JumpFiber Equipment: Subscriber may obtain a router from JumpFiber or may purchase a compliant router from a third party retailer. The minimum specifications for routers approved for use with JumpFiber’s network, systems and services are set forth at Compliant Routers on JumpFiber’s Network. JumpFiber reserves the right to provide service only to users with JumpFiber-approved compliant routers. Subscriber must return routers and any other equipment leased from JumpFiber at the end of the lease period.
3. 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 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.
4. Cookies: Subscriber may access their JumpFiber e-mail account at www.spectrum.net, or by using the user’s software application (e.g. Outlook, Outlook Express, Incredimail, and Apple Mail). When accessing e-mail at www.spectrum.net, Subscriber must have their browser configured to accept cookies. www.Spectrum.net will notify the user, if their browser is not configured to accept cookies.
For content residing on JumpFiber’s servers, JumpFiber reserves the right at all times and without notice to remove, restrict access to, or make unavailable, and to monitor, review, retain and/or disclose any content or other information in JumpFiber’s possession about or related to Subscriber, Subscriber’s use of the Internet Service or otherwise as necessary to satisfy any applicable law, or otherwise to preserve the security of the System or JumpFiber subscribers’ information.
6. 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 this Agreement or a violation of the AUP, or otherwise terminated by JumpFiber in accordance with the General Terms and Conditions for Services. 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.
7. Disclaimer of Warranties and Limitation of Liability.
a.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.
b.Anti-Spam Software: Subscriber acknowledges and understands that JumpFiber utilizes 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.
c.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.
d.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.
i. 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 WiFi 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.
ii. 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.
iii. 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 and JumpFiber’s Open Internet Disclosure Statement.
iv. Subscriber’s sole and exclusive remedies under this Agreement are as set forth in this Agreement. Because some States do not allow the exclusion or limitation of implied warranties, some of the above exclusions may not apply to Subscriber.
8. 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 this Agreement, 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.
9. 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. Subscriber agrees that JumpFiber is entitled to damages if Subscriber is transmitting or is otherwise connected with spam. 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 transmitted from or otherwise connected with Subscriber’s account.
10. Additional Terms for JumpFiber WiFi: JumpFiber WiFi 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”), 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. 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 WiFi 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 WiFi Hotspot, and shall not be responsible for the security of the WiFi 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.
12. 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 and conditions of this Agreement 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.
13. Force Majeure: JumpFiber shall not be liable for any failure of performance or Equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over JumpFiber, or of any department agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
14. Amendment: JumpFiber may, in its sole discretion, change, modify, add or remove portions of this Agreement 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 this Agreement, Subscriber must immediately cease using the Internet Service and notify JumpFiber that Subscriber is terminating the Internet Service. In addition, this Agreement is subject to change in compliance with applicable law.
15. Entire Agreement: This Agreement shall be posted along with the General Terms and Conditions for JumpFiber Residential Services 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 this Agreement or the General Terms and Conditions for JumpFiber Residential Services.
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