TERMS AND CONDITIONS
Select below to view.
PROMOTIONS AND BUNDLED SERVICES TERMS
Price, programming and discounted offers are subject to change at any time without notice. Discounted and promotional offers are available only to new residential customers in Monrovia and Arcadia, CA (not available to anyone with delinquent accounts). Limit of one offer per household and promotions cannot be combined.
With bundled packages, the subscriber must retain all services active for one year to receive the discounted rates. If any service is disconnected, the remaining service (s) will be charged at the regular monthly rate. Standard installation fees apply after the first visit.
High Speed Internet: Internet speed is based on actual synch rates, and may vary by customer residence location. Plan provides download speed up to the stated Mbps speed in each offer.
Digital Phone: Requires Giggle Fiber Internet service, and is not portable (i.e., will function only at original address of installation). Services do not include access to International Long Distance or 411 (operator services/assistance). Other restrictions: Monthly price excludes taxes, fees and other charges, and phone Common Line Charge.
VOICE TERMS OF SERVICE
This Subscription Agreement constitutes the agreement (“Agreement”) between Giggle Fiber (“we,” “us” or “Giggle Fiber”) and the user (“you,” “user” or “Customer”) of Giggle Fiber’s residential and small business communications services and any related products or services (“Service”). This Agreement governs both the Service and any devices, such as a Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device (“Device” or “Equipment”), used in conjunction with the Service and it applies to all lines on each Giggle Fiber account.
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 THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- EMERGENCY SERVICES – 911 DIALING
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 in locations where the emergency center is not equipped to receive your telephone number and address have basic 911. With basic 911, the local emergency operator 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 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 household residents, guests and other third persons who may be present at the physical location where you utilize the Service of the important differences in and limitations of Giggle Fiber 911 Dialing as compared with basic 911 or E911. The documentation that accompanies each Device will include a sticker concerning the potential non-availability of basic 911 or E911 (the “911 Sticker”). It is your responsibility, in accordance with the instructions that accompany each Device, 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 Device, or you require additional 911 Stickers, please contact our customer care department at 626-888-9999.
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 Giggle Fiber to determine if service can be provided at your new permanent address. Service will only be provided at locations where E911 connectivity is available.
1.4 Confirmation of Activation Required. Your 911 Dialing feature will not be activated for any phone line that you are using with the Service, UNLESS INSTALLATION HAS BEEN COMPLETED BY GIGGLE FIBER AND YOU HAVE RECEIVED CONFIRMATION THAT THE 911 DIALING FEATURE HAS BEEN ACTIVATED FOR THAT PHONE LINE.
1.5 Service Outages.
(a) Service Outages Due to Power Failure or Disruption. In the event of a power failure, network backup power systems are in place. The MTA providing service at your home also contains the option for a backup battery. If you chose to use the backup batter option, YOU THE CUSTOMER are responsible for purchasing the battery and for keeping the battery charged. Excessive use during a power outage will result in shortened life of the internal battery. Failure of network power backup systems or the MTA internal backup system during a power failure or disruption will prevent all service, including 911 dialing from functioning. (b) Service Outages Due to Internet Outage or Suspension or Disconnection of Broadband Service or ISP Service. Service outages, suspensions or disconnections of your broadband service will prevent all Service, including 911 Dialing, from functioning. (c) Service Outage Due to Disconnection of Your Giggle Fiber 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. Other third party transport providers 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 Giggle Fiber is not responsible for the blocking of ports 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.
1.6 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.
1.7 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local 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 GIGGLE FIBER 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 UNLESS SUCH CLAIMS OR CAUSES OF ACTION AROSE FROM OUR GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT. You shall defend, indemnify, and hold harmless Giggle Fiber, 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.
1.8 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.
2.1 Monthly Term. Service if offered on a month-to-month basis that begins on the date the Giggle Fiber activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly on a monthly basis unless you give us a verbal notice of non-renewal at least five (5) business days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, however if you attempt to disconnect Service prior to the end of a monthly term, your Giggle Fiber bill will be prorated for services rendered in addition to unbilled charges, plus a disconnection fee, if applicable, all of which will immediately become due and payable. Expiration of the term or disconnection of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.
2.2 Residential Use of Service and Device. If you subscribe to Giggle Fiber’s residential services, the Service and the Device are provided to you solely for residential use. You shall not resell or transfer the Service or the Device to another party without our prior written consent. You are prohibited from using the Service or the Device for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the Device is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service or the Device was inconsistent with normal residential use.
2.3 Business Use of Service and Device. If you subscribe to Giggle Fiber Business Class Services, the Services are provided to you as a small business user. You shall not resell or transfer the Services to another party without our prior written consent. We reserve the right to immediately disconnect or modify your Services if we determine, in our sole and absolute discretion, that you have at any time used any Service for any of the aforementioned or similar activities.
2.4 Prohibited Uses.
(a) Unlawful. You shall use the Service and the Device 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 Device for an unlawful purpose. In the event of such disconnection, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection 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 Device 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, Giggle Fiber will provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, to protect it’s 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 Device 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 Device in any of the aforementioned ways. In the event of such disconnection, you will be responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection 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 Device 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, Giggle Fiber will provide information in response to law enforcement requests, subpoenas, court orders, to protect it’s rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others . Furthermore, Giggle Fiber reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.
2.5 Copyright; Trademark; Unauthorized Usage of Device; Firmware or Software.
(a) Copyright; Trademark. The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, 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 Device; Firmware or Software. Other than for Business Class Service customers, 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 Device, 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. Other than for Business Class Service customers, you expressly agree that the Device 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 Device for any other purpose. We reserve the right to prohibit the use of any interface device 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 device 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 device 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.
2.6 Tampering with the Device or Service. You shall not change the electronic serial number or equipment identifier of the Device or to perform a factory reset of the Device 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 Device. In the event of such disconnection, you will remain responsible for the full month’s charges to the end of the current term, including, without limitation, unbilled charges, plus a disconnection 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.
2.7 Theft of Service. You shall not use the Service in a manner calculated to avoid Giggle Fiber policies and procedures. You shall not obtain or use the Services in an improper manner. You shall notify us immediately, in writing or by calling our customer support line, if the Device 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 Device 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 a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service. Giggle Fiber reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.
2.8 Return of Device Customers must return the Device to us if 1) you cancel services and 2) you have services cancelled as a result of non-payment
If you receive a Device(s) that is visibly damaged, you must notify contact our customer care department immediately at 626-888-9999.
2.9 Service Distinctions. The Service is not a telecommunications service and we provide it on a best efforts basis. Things beyond our control may affect the Service, such as power outages, fluctuations in the internet, your underlying broadband service. Other things may affect Service, such as maintenance. Giggle Fiber will act in good faith to minimize disruptions to your use of and access to Service. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
2.10 Ownership and Risk of Loss. You will use the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is provided to you until the time (if any) when it is returned to us in accordance with this Agreement.
2.11 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, or 900 calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas.
2.12 Incompatibility With Other Services.
(a) Home Security Systems. The Service may not be compatible with home 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 home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
(b) Certain Broadband, Cable Modem, and Other Services. You acknowledge that the Service presently is not compatible with AOL cable broadband service, certain versions of TiVO, and there may be other services with which the Service may be determined to be incompatible. You further acknowledge that some providers of broadband service may provide modems that prevent the transmission of communications using the Service. We do not warrant that the Services will be compatible with all broadband services and expressly disclaim any express or implied warranties regarding the compatibility of the Service with any particular broadband service.
- CHARGES; PAYMENTS; TAXES; DISCONNECTION
3.1 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; usage charges; international usage charges; advanced feature charges; advanced features/add-ons; universal service fund; 911 fees; federal, state and/or local taxes; disconnection fees; and applicable shipping and handling charges.
Giggle Fiber may introduce new products and services at special introductory pricing. Introductory pricing may change at Giggle Fiber’s discretion. Any usage charges will be billed in increments that are rounded up to the nearest minute unless otherwise set forth in the rate schedules found on our website.
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 services.
- International Usage Charges – These are the fees associated with calls to locations outside of the US, Puerto Rico and Canada.
- Advanced Features, Add-Ons, Premium Services – Giggle Fiber charges additional fees for enhanced features.
- 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 – Giggle Fiber is required to bill and collect local, state and federal taxes imposed on Giggle Fiber customers by the various taxing authorities. Giggle Fiber passes all taxes it collects on to the appropriate taxing authority.
- 911 Fees – State and/or local governments may assess fees on Giggle Fiber to pay for emergency services in your community. Giggle Fiber 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. Giggle Fiber is committed to supporting public safety services and resources in your State.
3.2 Billing Disputes. You must notify us within seven days after receiving your statement if you dispute any Giggle Fiber 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 communicated to Giggle Fiber at 911 S. Primrose Ave. Suite E, Monrovia, CA 91016 or by phone by calling 626-888-9999.
3.3 Payment and Collection.
(a) Payment. We bill in advance, except for usage on a monthly basis. Payment is due on the 14th of every month. If payment is not received by the due date, a late fee of $5 of will be applied to your next statement.
(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. Giggle Fiber will provide ten days advance notice prior to disconnection of service. Application of a Late Fee is to be considered notice.
3.4 Disconnection; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service, 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 month’s charges to the end of the current term, including, without limitation, unbilled charges, plus the disconnection fee, if applicable, all of which will immediately become due and payable. Giggle Fiber will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus.
3.5 Taxes. State and local governments may assess taxes, surcharges and/or fees on your use of Giggle Fiber service. These charges may be a flat fee or a percentage of your Giggle Fiber 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 a Device. Such amounts are in addition to payment for the Service or Devices 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.
3.6 Directory Calls (411). Directory assistance calls are not available.
- LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
4.1 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, Giggle Fiber 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 Device provided to you; or any other cause that is beyond our control, including, without limitation, a failure of or defect in any Device, 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.
4.2 Disclaimer of Liability for Damages. IN NO EVENT WILL GIGGLE FIBER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH 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.
4.3 Indemnification and Survival.
(a) Indemnification. You shall defend, indemnify, and hold harmless Giggle Fiber, 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 or user of the Service, relating to the Services, including, without limitation, 911 Dialing, or the Device.
(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.
4.4 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 DEVICE 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 DEVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER GIGGLE FIBER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR GIGGLE FIBER WHO FURNISHES SERVICES DEVICES, 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 DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF GIGGLE FIBER’S OR ITS SERVICE PROVIDER’S OR GIGGLE FIBERS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY GIGGLE FIBER OR GIGGLE FIBER’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
4.5 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.
4.6 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 Device (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 Services 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 Services 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.
5.1 Entire Agreement. This Agreement and the fee schedule for Services found on Giggle Fiber’s Web site constitute the entire agreement between you and Giggle Fiber and govern your use of the Service, superseding any prior agreements between you and Giggle Fiber and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Giggle Fiber unless and until posted in accordance with Section 3 hereof.
5.2 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.
5.3 Privacy. Giggle Fiber’s Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Giggle Fiber is not liable for any lack of privacy, which may be experienced with regard to the Service.
5.4 Acceptance. Giggle Fiber and Customer intend to execute this Agreement electronically. By requesting Service or by activating Service, you acknowledge that your electronic acceptance of this Agreement binds you as the equivalent of your hand-written signature on this Agreement.
5.5 Subcontractors. You understand, acknowledge, and agree that from time-to-time during the term of this Agreement Giggle Fiber may, in its sole and absolute discretion, delegate performance of some or all of its rights and obligations hereunder to third parties selected by Giggle Fiber. You hereby consent to such subcontracting activity, provided that Giggle Fiber shall remain accountable to you for the performance of any such obligations.
5.6 Letter of Authorization. By electing to switch phone service to Giggle Fiber the Customer hereby appoints Giggle Fiber as agent to act as its authorized agent for all matters pertaining to your phone number when connecting it to Giggle FiberService. This includes disconnections of service from your existing carrier and other requests as necessary for Giggle Fiber to implement the Service including but not limited to: (1) securing customer information for activating, porting disconnecting, editing and transferring service for Customer to Giggle Fiber, (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.
VOICE SERVICE ACCEPTABLE USE POLICY
Giggle Fiber is dedicated to providing its users with the best voice service available. As part of its efforts to accomplish that objective, Giggle Fiber has implemented this Acceptable Use Policy (“AUP”), pursuant to which Giggle Fiber may utilize measures intended to secure its network against unauthorized access and/or abuse, while at the same time making the network accessible for authorized and legitimate users to the greatest extent possible. As a Giggle Fiber service user, you agree to be legally bound by the terms of this AUP.
Giggle Fiber, in its sole and absolute discretion, may suspend or terminate a user’s access to the Giggle Fiber network in the event such user violates or attempts to violate the provisions of this AUP. Giggle Fiber may act based on any evidence, including usage patterns and previous customer activity, that it reasonably believes indicates a violation of this AUP. The users of the Giggle Fiber network are responsible for complying with all applicable local, state, federal and international laws, rules and regulations. Use of the Giggle Fiber systems or service in connection with any attempt to break any such laws, rules or regulations constitutes a violation of this AUP and may result in prosecution against the offender by the proper authorities. If such an event should occur, Giggle Fiber will cooperate with the authorities to the fullest extent permitted in providing information and assisting with the prosecution process.
Giggle Fiber may refuse, discontinue, or terminate voice service under the following conditions:
- For non-compliance with and/or violation of any State or municipal law, ordinance or regulation pertaining to the voice service.
- For the use of voice service for any other location or use of services sold for residential and the account holder used the service for unauthorized commercial purposes.
- For use of any equipment or service for autodialing, continuous or extensive call forwarding or to connect to any device that permits the services to be used as an outbound trunk held by or for allowanced made to others by the account holder on file.
- For use of the service for telemarketing, fax broadcasting, spam or junk email.
- For neglect or refusal to provide reasonable access to Giggle Fiber for the purpose of inspection and maintenance of equipment owned by Giggle Fiber.
- For use of equipment for a purpose other than that for which it is provided, or when its use interferes with or impairs or would interfere with or impair any other service provided by Giggle Fiber, or in such manner as to adversely affect any Giggle Fiber equipment or Giggle Fiber services to others.
- For tampering with the equipment furnished (all equipment is leased) to you and owned by Giggle Fiber.
- In the event of unauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, Giggle Fiber may, before restoring service, require the customer to make, at his or her own expense, all changes in facilities or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use.
- For using or permitting the use of obscene, profane, or grossly abusive language or making or permitting others to make harassing calls over or by means of any Giggle Fiber facilities.
- Giggle Fiber considers Acceptable use to be less than 3,000 minutes per month. Anything above that may be billed at $0.05 per minute for domestic calls and $0.10 per minute for international calls.
Whenever service is discontinued or terminated for violation of this policy, Giggle Fiber shall notify the customer in writing of the reason for such refusal, discontinuance, or termination of service. Upon such discontinuance or termination, the customer shall be responsible for the payment of all charges due, which includes all charges due for the period service has been rendered plus any unexpired portion of an initial service period or applicable termination charges, or both. Service shall be initiated or restored when cause for refusal or discontinuance has been satisfactorily adjusted.
INTERNET SERVICE ACCEPTABLE USE POLICY
Giggle Fiber is dedicated to providing high quality Internet service for our customers. As part of our efforts to accomplish that objective, Giggle Fiber has implemented this Acceptable Use Policy (this “Policy”) for Giggle Fiber High Speed Internet Service for residential customers
All customers, as well as any other users, of the Service (the “subscriber,” “customer,” “user,” or “you”) must comply with this Policy. If you do not agree to comply with this Policy, you must immediately stop using the Service and notify Giggle Fiber.
You may not use the Service, any Giggle Fiber equipment or any connected device to:
- Undertake or accomplish any unlawful purpose, including, but not limited to, posting, storing, transmitting or distributing information, data or material that is obscene, illegal, threatening, libelous or defamatory, or that in any way promotes illegal activity, could reasonably be expected to lead to civil liability or otherwise violate any local, state, federal or international law, order, rule or regulation;
- Infringe the intellectual property rights of any person or entity, including, but not limited to, uploading, posting, publishing, transmitting, reproducing, creating derivative works of, or 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 first obtaining appropriate authorization;
- Post, store, transmit or distribute any information, data or material that a reasonable person could deem to be indecent, pornographic, harassing, threatening, vulgar, hateful, racially or ethnically offensive or otherwise inappropriate, regardless of whether such information, data or material or its distribution is unlawful;
- Harm or attempt to harm a minor, including, but not limited to, using the Service to send pornographic, obscene or profane information, data or material;
- Initiate, perpetuate, or in any way participate in any pyramid or other illegal solicitation scheme;
- Engage in any fraudulent activity, including, but not limited to, impersonating any person or entity, engaging in sender address falsification, forging any other person’s or entity’s digital or manual signature, misleading or misrepresenting your identity or performing any other similar fraudulent activity;
- Transmit or collect responses from bulk, commercial or unsolicited messages (also known as “spam”);
- Send multiple copies of the same or substantially similar messages, empty messages, or messages that contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, blog, newsgroup, chat or other similar service (also known as “mail bombing”);
- Collect or harvest emails, screen names or other identifiers of any persons or entities without their prior consent, or participate in “spidering”;
- Use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, keystroke loggers, or Trojan Horse programs, or engaging in any unauthorized port scanning;
- Violate the rules, regulations, terms of service or other policies applicable to any network, server, computer database, service, application, system or website that you access or use;
- Access any other person’s or entity’s computer, software or data without their knowledge and consent, breach the security of another user or attempt to circumvent the user authentication or security of any host, network, or account, including, but not limited to, accessing data not intended for you, logging into or making use of a server or account that you are not expressly authorized to access or probing the security of other networks without express authorization to do so;
- Distribute programs that make unauthorized changes to software (also known as “cracks”);
- Use or run dedicated stand-alone equipment or servers or programs from the customer’s premises that provide network content or any other services to others, including, but not limited to, email, web hosting, file sharing and proxy services and servers;
- Restrict, inhibit or otherwise interfere with the ability of any other person or entity, regardless of intent, purpose or knowledge, to use or enjoy their equipment or the Service, including, but not limited to, by posting or transmitting any information, software or material that contains a worm, virus or other harmful feature, or by generating levels of traffic sufficient to impede their ability to use, send or retrieve information; or
- Restrict, inhibit, interfere with or otherwise disrupt or cause a performance degradation or manipulation, regardless of intent, purpose or knowledge, to the Service or any Giggle Fiber (or Giggle Fiber supplier) host, server, backbone network, node or service, or otherwise cause a network performance degradation or manipulation to any Giggle Fiber (or Giggle Fiber supplier) facilities used to deliver the Service.
You also may not:
- Copy, distribute or sublicense any software provided in connection with the Service, except that you may make one copy of each software program for back-up purposes only;
- Service, alter, modify or tamper with Giggle Fiber equipment (including any embedded software) or the Service (including the speed of the Service) or permit any other person or entity who is not authorized by Giggle Fiber to do so;
- Access or use the Service with an Internet Protocol (“IP”) address other than an IP address provided for you by Giggle Fiber, or otherwise alter, modify or tamper with your IP address assignment or method of assignment;
- Resell the Service or otherwise make available outside of the customer’s premises the ability to use the Service (for example, through wireless router or other methods of networking), in whole or in part, directly or indirectly, including, but not limited to, for operation as an internet service provider or for a business enterprise or purpose, whether or not for profit; or
- Use the Service for any type of use that is not recreational, residential or personal use.
Excessive Bandwidth Consumption
High-speed bandwidth and network resources are not unlimited. Managing the Giggle Fiber network is essential to promote the use and enjoyment of the Internet by our customers. As explained above, the Service is for recreational, residential and personal use. Giggle Fiber has established a monthly bandwidth usage limit per Service account. Service usage may not exceed the following limits for each type of subscriber account:
Common activities that may cause excessive bandwidth consumption in violation of this Policy include, but are not limited to, numerous or continuous bulk transfer of files and other high-capacity traffic using hypertext transfer protocol (“HTTP”), file transfer protocol (“FTP”), video transfers, peer-to-peer applications and newsgroups. In the event that your usage of the Services exceeds the above-described limits, Giggle Fiber may, in its sole discretion, suspend or terminate your Service account or request that you upgrade your Service level, or subscribe to Giggle Fiber Business Class service for commercial grade Internet service if you wish to continue higher bandwidth consumption levels. Giggle Fiber’s determination of the level of bandwidth consumption by Service accounts is final and binding.
Computer and Data Security
You are responsible for maintaining the security of your computer and any other device that you use in connection with the Service, and any data stored on that computer or device. You are responsible for implementing standard anti-virus practices, including using anti-virus software with up-to-date virus definitions. If you use a wireless modem, router or other device in connection with the Service, you are also responsible for taking security measures that are recommended by the manufacturer of the wireless device.
Giggle Fiber, in its sole and absolute discretion and without limiting any other rights or remedies it may have, may suspend or terminate the Service for failure to comply with the provisions of this Policy.
If you are a subscriber to the Service, you are responsible for any violations of this Policy by anyone else using it through your account, regardless of whether the violation was done without your knowledge or consent.
You agree to indemnify, defend, and hold harmless Giggle Fiber, its affiliates, shareholders, members, managers, officers, directors, employees and agents from and against any and all claims, demands, costs and expenses (including reasonable attorneys’ fees and any cost or fees for investigation of such claims or demands) resulting from you or any user of your account violating this Policy.
Giggle Fiber is not obligated to monitor the activity of Service accounts to determine whether there are violations of this Policy. However, Giggle Fiber reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Giggle Fiber servers and network. The failure by Giggle Fiber or its suppliers to enforce this Policy shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
Giggle Fiber reserves the right to update or modify this Policy from time to time. Any such update or modification will be effective immediately upon posting. Giggle Fiber will use reasonable efforts to make customers aware of any changes to this Policy, which may include sending e-mail announcements or posting information on the Giggle Fiber website. Customers of the Service should read any Giggle Fiber announcements that they receive and regularly visit the Giggle Fiber website and review this Policy to ensure that their activities conform to the most current version.
If you have any questions regarding this Policy or wish to report a violation of this Policy, please contact Giggle Fiber Customer Service at 626-888-9999.
THE APPENDED “Company SERVICE ORDER TERMS” AND “RATE SCHEDULE” ARE INCORPORATED INTO AND MADE PART OF THIS “SERVICE ORDER AGREEMENT”.
By executing this Service Order Agreement, along with its appended “Company Service Order Terms”, “Sales Order Rate Schedule”, and all other related documents to the Service if applicable (collectively, the “SOA”),Customer is requesting, and agrees to pay for, the Service(s) identified herein and to be bound by the “General Terms and Conditions” and applicable “Supplemental Product Terms and Conditions” (Including “Additional Definitions” and “Miscellaneous Charges”) (collectively, “Terms and Conditions”) located at www.gigglefiber.com/terms-and-conditions/, unless those Terms and Conditions are permitted to be and, in fact, are expressly superseded by terms and conditions, including rates and charges, contained in this SOA. It is the intent of the parties to incorporate via reference into this SOA all applicable website terms and conditions located at gigglefiber.com/terms-and-conditions/, as they may be modified from time to time consistent with this SOA.
Customer shall pay the “Grand Order Totals” of charges set forth in the Rate Schedule, which amounts in
all instances are exclusive of taxes, surcharges, and fees to be imposed by Company including, but not limited to, applicable federal, state, local use, excise, sales, or privilege taxes, duties or similar liabilities either shown as Miscellaneous Charges or imposed by operation of law. If there are any discrepancies between the Grand Order Totals of charges shown herein and charges appearing elsewhere in this Agreement, the Grand Order Total of charges shall be controlling.
Customer authorizes Company to acquire from third parties any credit information, Customer Proprietary
Network Information (“CPNI”), or other information necessary for Company to establish Customer’s account and provision and maintain Service. Customer shall furnish such executed “letters of agency” to Company or its designee as may be required in connection with Service.
If a “Master Service Agreement” (“MSA”), or their equivalents, exists between Customer and Company and is in effect as of the date of this SOA, Service will be furnished pursuant to such MSA, except that the charges set forth in this SOA shall apply. If said MSA (or their equivalents) does not include the applicable product Exhibit for the Service requested, the Terms and Conditions set forth at gigglefiber.com/terms-and-conditions/ and incorporated herein will apply to the Service. The undersigned represents that he/she is authorized to enter into this SOA on behalf of Customer. Customer must sign (and if applicable, check and initial immediately below its acknowledgement and receipt of the Documents shown) and deliver this SOA, without modification, to Company within thirty (30) days of the “Date” (not the “Request Service Date”) set forth at Page 1 hereof, or Company may decline to provide the Service offered.
Company Service Order Terms
A. SERVICE. The Service (or Services) to be furnished is (are) identified in this SOA, the Terms and Conditions incorporated herein (and located at gigglefiber.com/terms-and-conditions/) and in any Schedules, Addenda, Appendices or Exhibits appended hereto and made part hereof (“Agreement”). Service also may be provided pursuant to tariffs on file with regulatory agencies, in which event the applicable tariffs will be incorporated herein and made part of this SOA. In the event of a conflict between these Terms and Conditions and those established in any applicable tariff, the tariff shall be controlling to the extent of the inconsistency. Upon cancellation of any tariff, these Terms and Conditions shall apply. And, when applicable, Service will be subject to Company’s “Acceptable Use Policy” (AUP”) found at com/terms-and-conditions/
B. INSTALLATION. Service installation is up to the point of demarcation. To extend demarcation requires an additional charge. Service Installation excludes internal wiring, phone system or network wiring, etc. A rescheduling charge of $75 may be applied to Customer if Customer requests to change the scheduled installation date. An additional service charge of $100 service charge may be applied if Customer makes any service change after installation.
C. TERM. The initial term of Service shall be as set forth in the SOA and shall begin on the Start of Service Date. Upon expiration of the Term, the Agreement shall renew automatically for successive renewal terms, each for a period of time equal to the original Term.
D. CUSTOMER TERMINATION FOR CONVENIENCE. If Customer elects to terminate Service for any reason, in whole or in part, or if Customer elects not to renew Service, in whole or in part, for a subsequent term of Service, it must provide Company with written notice of its intent. Such notice must identify with specificity of the Service to be terminated (e.g., Circuit Identification Number, the A and Z locations of Service), and the requested effective date of termination, which date shall not be less than thirty (30) days from the date the notice is received by Company. Any attempted termination via any other method or approach shall not be effective. Customer will be liable for applicable early termination charges.
E. COMPANY TERMINATION FOR DEFAULT. If Company terminates Service, in whole or in part, for cause, Customer shall be liable for applicable cancellation or early termination charges.
F. RATES AND CHARGES. Service rates and charges shall be as set forth in the Terms and Conditions or in this SOA, and shall remain in effect during the Initial or then-current Term. In the event of a conflict between the rates and charges set forth in the Terms and Conditions and those established in this SOA, the rates and charges set forth in this SOA shall be controlling.
G. PAYMENT. Customer shall pay for Services by i) check, sent to an address specified by Company; or ii) wire transfer, sent in accordance with applicable instructions provided by Company; or iii) such other method approved by Company and communicated to Customer. Customer must remit payment for all billed charges by the due date shown on the bill. Any invoice not paid in full within said period will be past due and subject to a late payment fee of the lesser of 1.5% per month or the maximum rate permitted by applicable law on all past due balances. In the event that Customer fails to pay all billed charges by the due date shown on any bill, Company may discontinue provision of the Services to Customer after appropriate notice as required by the law of the Customer’s state. Customer shall remain liable for payment of all charges incurred for the use for the Services.
H. CREDIT AUTHORIZATION. Customer acknowledges that Company’s acquisition of credit information from any third parties is not an extension of “credit” to Customer. As a result of any credit inquiry, Company may impose alternative payment requirements on Customer, including the submission, upon demand, of a cash deposit, bond or other financial assurance of payment. Acceptance by Customer of such an alternative payment method may be a condition precedent to the initial or continued provision of Service to Customer.
I. EARLY TERMINATION CHARGES. In the event that Customer terminates this Agreement any time after the SOA execution Date but prior to the expiration of the Term, Customer shall pay Company an early termination charge equal to the Minimum Monthly Fee times the number of months remaining in the Term.
J. START OF SERVICE DATE. The Start of Service Date, unless otherwise specified in writing, shall be the date Customer is notified by Company that Service is available for use. Billing will commence on the Start of Service Date.
K. COMPLETE AGREEMENT. This Agreement represents the complete agreement of the parties and supersedes all prior agreements and understandings, whether written or oral, except for any MSA (or their equivalents) existing between the parties as of the date of this SOA. By its signature on this SOA, Customer acknowledges and accepts that the Terms and Conditions including, but not limited to, those relating to billing and payment, default, warranties, dispute resolution, indemnification and limitations of liability located at www.Companytelecom.com/terms.html are incorporate in to and made part of the Agreement.
L. CHANGES.This Agreement may be modified only by written amendment to this SOA or by changes of the Terms and Conditions or the AUP made by Company from time to time according to applicable tariffs or as required or permitted by law. Neither Electronic Mail nor Instant Messaging (“IM”) shall be considered a “writing” sufficient to affect the terms of this Agreement. Any purported modification of the SOA not signed by a Company authorized representative shall be null and void, and will subject to immediate termination of this Agreement. Customer shall be bound by any Agreement modifications by Company after applicable tariff changes have taken effect, upon the posting of changes to the Terms and Conditions located at gigglefiber.com/terms-and-conditions/ and the furnishing of appropriate Customer notice thereof, or upon the posting of changes to the AUP. The referenced Company website containing the Terms and Conditions and the AUP will be accessible by Customer at all times. Customer shall be provided within at least fifteen (15) days notice of any modification of the Terms and Conditions that might materially and adversely affect Customer so that Customer can elect to discontinue Service and avoid the effects of the modification. Said Notice may be furnished by: i) a postcard or letter; or ii) a facsimile; or iii) e-mail, if the Customer has consented to its use. In addition, modifications of the Terms and Conditions will be published at gigglefiber.com/terms-and-conditions/ at least fifteen (15) days in advance before taking effect. In no event shall any modification made by Company in any Service Level Agreements applicable to the Service(s) and/or any Supplement Product Terms and Conditions be or deem to be diminished.
M. JURISDICTION AND VENUE. This agreement shall be governed by and construed in accordance with the laws of the State of California. Any action brought to enforce this Agreement shall be brought in the federal or state courts of Los Angeles County, California. The parties acknowledge and agree that a venue in Los Angeles County, California would be proper for such action.
N. E911 EMERGENCY SERVICES. According to the ENHANCED 911 (E911) VoIP Order that Federal Communications Commission (FCC) recently adopted, you are hereby informed the differences between the E911 access capabilities available with our service as compared to the E911 access capability available with traditional telephone service. Company is not required to provide E911 service under the recently adapted FCC E911 VoIP Order. There are important differences between Company’s E911 service and E911 access capabilities of traditional telephone service. It is important that you understand how these differences affect your ability to access E911 services. For example, in certain circumstances, you may not be able to contact emergency services by dialing 9-1-1 using Company VoIP services and must inform your VoIP users of this.
We ask that you carefully read this E911 Disclosure and follow our advice and instructions strictly for your safety’s sake. The FCC’s E911 VoIP decision also requires some service providers to obtain and keep a record on file showing that you have received and understood this E911 Disclosure.
The FCC regulation and accompanying E911 VoIP decision can be obtained in Docket No. 05-196 at the following link: http://www.fcc.gov/cgb/voip911order.pdf.
PLEASE NOTE THAT YOU SHOULD NEVER DIAL 9-1-1 OR “TEST” YOUR 911 SERVICE UNLESS IT IS AN ACTUAL EMERGENCY. DIALING 9-1-1 IN A NON-EMERGENCY SITUATION IS A CRIME AND MANY LOCALES PROSECUTE OFFENDERS.
ACCESS TO E911 SERVICES:
We recommend that you have an alternative telephone service, either wireless or wire line, that is capable of supporting 911 or e911 calling and is available as an alternative at all times in case of an emergency. Please note that some forms of wireless service do not support automatic location identification or have other e911 calling limitations.
By entering into this agreement, you agree to assume the risk of losing emergency 911 dialing capabilities and consent to the disclosure of your telephone number and other identifying information to emergency 911 authorities as Company deems necessary in its sole opinion and discretion.
PLEASE NOTE FURTHER THE FOLLOWING LIMITATIONS ON Company 911 AND E911 SERVICE:
- In certain geographic areas where Company underlying E911 provider has limited access (or no access at all) to the PSAP’s facilities;
- If your Company broadband connection, equipment, services or other broadband access connections are disconnected, suspended, or interrupted;
- If you modify your equipment or relocate your equipment to a location other than to the location that you registered with us (“Registered Location”);
- If you change your phone number or add new phone numbers to your account. (Please note that you must give us your updated Registered Location specifying the location where you will use the service for each changed or new phone number);
- If there are delays or disruptions of service in the network or Services of Company’s underlying E911 provider;
- If there are network congestion, disruptions, or other problems associated with Company’s network;
- If your service is interrupted or terminated for any reason, including the suspension or termination of your account with Company for nonpayment of invoices.
LIMITATION OF LIABILITY AND DISCLAIMERS:
You specifically agree that in no event will Company (or any of its affiliates, or its or their directors, officers, employees, contractors, or agents) be liable for any indirect, incidental, special, or consequential damages arising, directly or indirectly, from or in connection with any use of (or inability to use) the service or with any use of (or inability to use) emergency 911 services in connection therewith. You also agree to release and discharge Company, its affiliates (together with its and their directors, officers, employees, agents and contractors) from any and against all actions, lawsuits, claims, damages, judgments, liabilities and expenses (including without limitation reasonable attorneys’ fees) whatsoever that you may otherwise have in connection with use (whether by you or by any other person) of the services that are provided to you under this agreement (collectively, “claims”). To the fullest extent permitted by law, you waive your right (and covenant not) to bring suit for said claims against us or any of the other persons mentioned in the previous sentence.
Company also has no physical control over whether or the manner in which, calls using our 911 Service are delivered by our underlying 911 provider or whether or if they are properly answered or addressed by any local emergency response center. Accordingly, Company hereby disclaims any and all responsibility for the handling of such calls by any third party or for any other conduct of the local emergency response center or of the national emergency calling center used by Company’s underlying 911 provider.
Company also relies on its underlying 911 provider and other third parties to route 911 Emergency calls to the proper emergency response center. Company disclaims any and all liability or responsibility for any failure or omission on the part of such third party. By using the services, you agree that neither Company, nor any of its affiliates (or its or their officers, employees, or agents) will have any such liability or responsibility and, to the fullest extent permitted by law, you hereby waive your right to bring any claim against Company, its officers, employees or agents, arising from or in connection with the emergency 911 service, except where such claims result from Company (or its employees’ or agents’) gross negligence or reckless or willful misconduct.
Furthermore, you agree to defend, indemnify and hold Company, its employees, and agents harmless from any such claim brought, asserted or threatened by any third party unless caused by Company (or its employees’ or agents’) gross negligence or reckless or willful misconduct.
You should not sign up for the service unless you fully understand and agree with these limitations and disclaimers.
- You are required to register the address of your Physical Location for each telephone number that you use for the Service with Company along with a Service Order Agreement.
- IF you move the Service to another location, YOU MUST AGAIN register that new location with Company by either call us at 1-866-418-8948 or e-mail to email@example.com. If not, any calls you make using the 911 Service feature may be sent to an emergency center near your old address.
- You are required to give your users notice of the limitations of the Emergency 911 Services. In addition, you agree to be fully responsible at all times during the term of this agreement for notifying any and all persons at your location of interruptions, the possible loss of emergency 911 dialing capabilities, and of Company’s limitations of liability and disclaimers described in the previous paragraphs.
- You also agree to indemnify, defend and hold Company, its suppliers (including its underlying e911 provider), with its and their affiliates, and respective directors, officers, employees, contractors, and agents) from or against any and all asserted or threatened claims in connection with the use of the service by any entity other than the person signing below or with your failure to comply with the e911 notification obligations set forth below.
Additional restrictions and service limitations:
Home alarm systems, fax machines, and other devices that attach to your home computers, local telephone service, cable system or other devices may not work with the service and Company makes no representation or warranty, whether express or implied, whatsoever that the service will work with these devices.