Terms of Services/Policies, Acceptable Use Policy, and Disclosures

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.

1. 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. SERVICE

2.1 Monthly Term. Service is offered on a month-to-month basis that begins on the first of the month and ends on the last day of the month. The first month will be prorated from the installation date. Monthly service renews every month unless notice is provided by user of termination. User is purchasing service on a full monthly basis, and accordingly, no refunds or credits are due or payable when service is terminated during the course of the service month.

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.

3. 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 14^th 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.

4. 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. MISCELLANEOUS

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

(the “Service”).

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.

Prohibited Uses

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. The Service is for recreational, residential, and personal use.  As the service is for residential use only, any non-residential use is not permitted.  Non-residential purpose includes but is not limited to running/hosting any type of server that is not consistent with residential, personal, or recreational use. 

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 (“FTTP”), video transfers, peer-to-peer applications, and newsgroups.  Excessive bandwidth consumption is solely determined by Giggle Fiber.

Giggle Fiber reserves the right to investigate violations of this Terms & Conditions Policy.  Giggle Fiber prefers to advise users of Terms & Conditions Policy violations. Giggle Fiber may, in its sole discretion, suspend or terminate your service account for violation of this Terms & Conditions Policy.  Giggle Fiber will take any responsive action that is deemed appropriate without prior notification.  Giggle Fiber is not liable for any such responsive actions.  Giggle Fiber’s determination of Terms & Conditions Policy violation(s) 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.

Policy Violations

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.

Policy Updates

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.

Contact Us

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.

V070115

GENERAL TERMS AND CONDITIONS

AGREEMENT COMPONENTS; TERMS AND CONDITIONS 

The services referenced in the Agreement (“Service” or “Services”) are offered to Customer by Giggle Fiber, LLC, and its affiliates, (“GF” or “Company”). The Agreement between Company and Customer sets forth the legal rights and obligations governing the Company’s offer, provisioning and delivery of Services and Customer’s receipt and use thereof. Customer shall contract for, and order, Service on a Company-designed Service Order Agreement (“SOA”), or Master Service Agreement (“MSA”).

The Agreement in its entirety shall consist of the terms and conditions in each SOA, or MSA; the Supplemental Product Terms and Conditions elsewhere on this website; these General Terms and Conditions; Company’s Acceptable Use Policy (“AUP”), if applicable; and any applicable tariffs. In the event of an inconsistency between a term or condition contained in any component document(s) comprising the Agreement (but only to the extent of the inconsistency), including any incorporated attachments, appendices, exhibits or other documents, the order of precedence, from the most to the least controlling, shall be:

(1) Applicable filed and effective tariff(s);

(2) Any mutually agreed upon Addenda to the SOA, or MSA properly executed by authorized representatives of both GF and Customer;

(3) Applicable Supplemental Product Terms and Conditions, including Exhibits and Service Level Agreements (“SLAs”);

(4) General Terms and Conditions and AUP; and

(5) Terms of a SOA, or MSA, including any canceled tariff terms and conditions, or any Promotions.

The offer, provisioning and delivery of Services are subject at all times to the receipt by Company of all required approvals or authorizations from regulatory agencies having jurisdiction over the Services or the Company. If Customer receives and uses Services without a SOA, or MSA as described herein, Customer nevertheless shall be deemed to have accepted, and therefore will be bound by, all the applicable terms and conditions relating to the Services received and used.

THESE GENERAL TERMS AND CONDITIONS, THE SUPPLEMENTAL PRODUCT TERMS AND CONDITIONS, AND GF’S AUP WILL BE LOCATED ON A WEBSITE OR WEBSITES ACCESSIBLE AT ALL TIMES BY CUSTOMER AND, TOGETHER WITH GF’S TARIFFS, MAY BE MODIFIED BY GF AT ANY TIME AS PERMITTED OR REQUIRED BY LAW. FOR OTHER THAN GF TARIFFS GOVERNED BY NOTICE REQUIREMENTS IMPOSED BY REGULATORY AUTHORITIES, THE COMPANY SHALL PROVIDE CUSTOMER WITH AT LEAST FIFTEEN (15) DAYS PRIOR NOTICE OF ANY CHANGES THAT WOULD MATERIALLY AND ADVERSELY AFFECT CUSTOMER SO THAT CUSTOMER MAY ELECT TO DISCONTINUE SERVICE AND AVOID THE EFFECTS OF THE CHANGES. COMPANY NOTICE MAY BE FURNISHED BY: (1) A POSTCARD OR LETTER; OR (2) FACSIMILE; OR (3) E-MAIL, IF CUSTOMER CONSENTS. FOR OTHER THAN GF TARIFFS GOVERNED BY NOTICE REQUIREMENTS IMPOSED BY REGULATORY AUTHORITIES, THE COMPANY WILL PUBLISH CHANGES ON RELEVANT COMPANY WEBSITES AT LEAST FIFTEEN (15) DAYS IN ADVANCE OF THEIR TAKING EFFECT. CUSTOMER SHALL BE BOUND BY CHANGES AFTER THEY BECOME EFFECTIVE. IN NO EVENT WILL ANY CHANGE BE DEEMED TO AFFECT ANY EXISTING SLA. CUSTOMER ACCEPTS THE INCORPORATION INTO THE AGREEMENT OF APPLICABLE TARIFFS, SUPPLEMENTAL PRODUCT TERMS AND CONDITIONS, THESE GENERAL TERMS AND CONDITIONS AND THE AUP, AND ALL MODIFICATIONS MADE THERETO. CUSTOMER MAY OBTAIN A HARD COPY OF THE AGREEMENT (OR ANY OF ITS COMPONENTS) AT ANY TIME BY CONTACTING GF AND REQUESTING IT.

1.0 DEFINITIONS (Terms with initial caps not otherwise defined herein shall have the meanings ascribed in the Agreement.)

1.1 Access Service Request: That part of an Agreement that is executed by the Company and the Customer and, among other things, identifies the particular Access Service to be furnished and the location at which that Service is to be provided.

1.2 Affiliate: Affiliate means, with respect to either Company or Customer, any other entity which controls, is controlled by, or is under common control with the Company or Customer. The term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of Company or Customer management and policies, whether through the ownership of voting securities, by contract, or otherwise.

1.3 Automatic Number Identification (ANI): Digits transmitted by the calling party’s carrier that indicate the calling party’s telephone number.

1.4 Authorization Code(s): A code in numbers or letters employed by a Customer to gain access to a Company Service, such as Calling Card Services.

1.5 Circuit: An individual telecommunications facility included as part of Service.

1.6 Communications Facilities: Facilities the Company is willing to specially construct or otherwise acquire in order to provide Service(s) to the Customer.

1.7 Company: Vertex Telecom, Inc. d/b/a GF Telecom; or any controlled affiliate providing an offered product.

1.8 Customer: The person, firm, corporation or other entity that orders or uses Service and is responsible for compliance with all Customer obligations set forth in the Agreement, including the duty to pay for Service.

1.9 Directory Assistance: A service that allows the Customer to acquire directory listings.

1.10 Domain Name: An address on the Internet that is comprised of a hierarchical sequence of names (labels) separated by periods (dots), e.g. GFtelecom.com, in computer networks using the Transfer Control Protocol/Internet Protocol.

1.11 End User or User: Any person or entity that receives or uses GF Service, irrespective of whether such person or entity is authorized by the Customer to receive or use Service.

1.12 FCC: Federal Communications Commission.

1.13 Individual Case Basis: A service arrangement in which service rate, charges or terms and conditions are non-standard and based on the specific requirements of the Customer.

1.14 Master Service Agreement (MSA): An Agreement that is executed by the Company and the Customer; and, among other things, accommodates the execution of subsequent Service Order Agreements or Access Service Requests by the Company and the Customer.

1.15 Network: the telecommunications network of Company or Customer or a contracted third party, as the context of the provision requires or as contemplated.

1.16 Network Number: The part of an Internet address that designates the network to which the addressed node belongs.

1.17 Non-Recurring Charges: One-time charges for Service including, but not limited to, charges for specially constructed Communications Facilities, Service installation, e.g., “expedite charges,” or special fees for which the Customer becomes responsible at the time a SOA, or MSA is accepted.

1.18 Off-Net Service: Service where one or both locations to be connected are not served by the Company’s Network and, as a result, a portion of Service is provided by another service provider. Where the Company agrees to provide Off-Net Service, the terms, conditions and pricing of such Service will be provided on an Individual Case Basis (“ICB”) subject to the terms and conditions of the underlying service provider. The Company will invoice Customer for Off-Net Service and will manage the provisioning of Service but shall not be liable for any service failures or deficiencies on the part of the underlying service provider.

1.19 On-Net Service: Service where both locations to be connected are served by the Company’s Network and, as a result, Service is provided entirely by the Company.

1.20 Service or Services: A product or products offered and provided to Customer by the Company.

1.21 Service Order Agreement (“SOA”): An Agreement that is executed by the Company and the Customer and, among other things, identifies the Service to be furnished and the location(s) at which that Service is to be provided.

1.22 Supplemental Product Terms and Conditions: Terms and conditions additional to these General Terms and Conditions that apply to a Service ordered or used by Customer.

1.23 Recurring Charges: Monthly charges for Services or equipment.

1.24 Start of Service Date: The date that Company notifies Customer of the Service is available for use by Customer or some other mutually agreeable date.

1.25 United States: The 48 contiguous states and the District of Columbia, Hawaii, Alaska, Puerto Rico, the US Virgin Islands, as well as the off-shore areas outside the boundaries of the coastal states of the 48 contiguous states to the extent that such areas appertain to and are subject to the jurisdiction and control of the United States.

1.26 Voice Services: Voice Services consist of local and long distance voice services including, but not limited to, basic business lines, plain old telephone service (“POTS”), trunk services, and ISDN-PRI service, as set forth in applicable GF tariffs, price lists or contracts. Voice Services do not include GF IP-based services including, but not limited to, VoIP Termination, VoIP Origination, GF Flex and Managed IP PBX Services.

2.0 LIMITATIONS ON SERVICE 

2.1 Availability of Facilities: Service is offered and furnished subject to the availability of all necessary facilities, including those acquired by GF from other entities. GF may decline to accept a request for Service if it determines that, based on its existing facilities at the time of the request and its current and forecasted need to provide other Services; it requires the available facilities for other Service needs. GF therefore may limit its provisioning of Service, if necessary, in order to manage its network and operations in an efficient manner and to meet the reasonable service expectations of its existing and future customers based on current and projected available facilities capacity. In addition, GF may restrict or allocate Service among Customers, when necessary, due to the facilities shortages or causes beyond the control of GF.

2.2 Right to Alter Service: In its sole discretion and without liability to Customer, Company may: (a) alter the methods, processes or suppliers by or through which it provides the Service; (b) change the facilities used to provide Service; or (c) substitute comparable Service for that being provided to Customer. If necessary, due to the potential impact, the Company will furnish prior notice of any alterations, changes or substitutions to the affected Customers.

2.3 Choice and Ownership of Facilities: Except as expressly provided otherwise in a SOA, or MSA, the facilities used to provide Service will be of GF’s exclusive choosing. In no event will title to any of the facilities used to provide Service be vested in the Customer.

2.4 Interconnected Voice over Internet Protocol Services: GF does not support the provision of Interconnected VoIP Services, as defined in FCC 47 C.F.R. § 9.3, by Customer or any third party via any GF Voice Service.

2.5 Company’s Right to Block or Discontinue Service Without Notice to Customer 

2.5.1 Network Blockage or Degradation: The Company may discontinue furnishing the Service if Customer uses or misuses Service in a manner that results, or could result, in network blockage or other degradations that adversely affect the Service furnished to Customer or to other existing or prospective Customers of the Company.

2.5.2 Customer Violation of Agreement or Law: The Company may discontinue furnishing the Service if Customer uses, or threatens to use Service for any unlawful purpose or otherwise violates the terms of the Agreement.

2.5.3 Unlawful or Unauthorized Use: The Company may discontinue furnishing the Service, when it deems necessary to take such action in preventing unlawful or unauthorized use of the Service, by blocking traffic to or from certain countries, cities, NXX exchanges, or individual telephones; by blocking call origination; or by blocking calls using certain Customer authorization or access codes. The Company also may suspend the origination of domestic or international traffic associated with any or all Services if the Company deems such action necessary to prevent unlawful or unauthorized use of the Service due to the failure, in whole or in part, of any fraud detection system utilized by the Company to provide or support the Service.

3.0 WARRANTIES AND STANDARDS FOR SERVICES 

3.1 The Company represents and warrants that it is duly licensed and authorized to provide Services and will remain so licensed and authorized by complying with all applicable federal, state, and local laws and requirements, and the Customer represents and warrants that it is duly licensed and authorized to receive and use Services and will remain so licensed and authorized by complying with all applicable federal, state, and local laws and requirements. Company and Customer represent and warrant that each is authorized to enter into the Agreement and perform its obligations thereunder. Company makes neither representations nor warranties, whether express, implied or statutory, regarding the Services, system equipment or Company-owned or provided equipment used by Customer, including any equipment with respect to which title may transfer to Customer (except to the extent set forth in any separate GF sale transfer document). This exclusion includes, but not limited to, any implied warranties of merchantability, fitness of services or equipment for a particular purpose, or non-infringement of any third party rights. Additional limitations of warranty related to specific products will be set forth in applicable Supplemental Product Terms and Conditions or tariffs.

3.2 Limitations on Liability

3.2.1 Direct Damages: Even if advised of the possibility of losses or damages, Company shall not be liable, except as set forth herein, for any losses or damages resulting from: (a) its provisioning of Service to Customer; (b) any act or omission of Customer, those using the Customer’s Service or third-party entities furnishing products used in connection with Service; or (c) the loss or destruction of Customer data resulting from the use of Service. Company shall be liable to Customer for any property damage to Customer premises caused by its gross negligence or willful misconduct but in no event shall Company’s liability be greater than an amount equal to the sum of the payments made by Customer to Company during the three months immediately preceding the event for which losses or damages are claimed. By entering into an Agreement and remaining as a Customer, Customer hereby manifests its acceptance of this limitation on direct damages as fair and reasonable.

3.2.2 Indirect or Consequential Damages: Neither Company nor Customer shall be liable to the other for any indirect, incidental, exemplary, punitive or other consequential damages, whether or not foreseeable, including, but not limited to, damages from the loss of data, business goodwill or profits, savings or revenue, harm to business, whether under contract, tort (including negligence), strict liability or any other theory of liability. A party’s out-of-pocket costs for damages recovered by a third party shall be deemed to be indirect damages suffered by such party, except to the extent such damages are part of a claim for which indemnification is due under Section 4.

3.2.3 Service Interruptions: The Company’s liability for Service interruptions, if any, shall be limited to credit outage allowances expressly provided for in the Agreement, including any applicable tariffs incorporated therein.

3.2.4 Delays: The Company shall not be liable to Customer for losses or damages resulting from its inability to provide Service or from any delay in meeting a scheduled Start of Service Date. If there is a delay in Service installation, Customer’s exclusive remedy is set forth in Section 8.5, infra.

3.2.5 Force Majeure Events: In no event shall Customer have any claim or right against Company for any failure of performance due to causes beyond the Company’s control, including, but not limited to: acts of God, fire, explosion, vandalism, cable cut, storm, flood or other similar occurrences; 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 Company or of any department, agency, commission, bureau, corporation, or other instrumentality of any federal, state, or local government, or of any civil or military authority; national emergencies; unavailability of materials or rights-of-way; insurrections; acts of terrorism; riots; wars; strikes; lock-outs, work stoppages or other labor difficulties; or supplier failures, shortages, breaches or delays.

3.2.6 Facilities, Services, Equipment or Systems of Others: The Company shall not be liable for the unavailability, or deficient performance, of any facilities, services, equipment or systems used in connection with the provision of Services that are under the control of Customer or any third party, even if the Company has acted as the Customer’s agent in procuring such facilities, services, equipment or systems from third parties. Customer’s rights with regard to the unavailability or deficient performance of such facilities, services, equipment or systems not provided by the Company shall be strictly as established by the supplying entity.

3.2.7 “On-Line” Services: All “On-line” Services are provided “as is.” Customer acknowledges and agrees that communications and transactions conducted “on-line” may not be secure; that system failures may limit Customer’s access to and use of “on-line” Services; and that “on-line” Services are not guaranteed to be error-free. By subscribing to and using “on-line” Services, Customer manifests its acceptance of all the risks associated with the use of “on-line” Services, specifically, and the Internet, generally.

3.2.8 Customer’s Failure to Fulfill Obligations: The Company shall not be liable to Customer or any third party for Customer’s failure to fulfill its obligations, including, without limitation:

1. obtaining, installing, and maintaining all necessary equipment, materials, and supplies for interconnecting Customer or third-party facilities, services, equipment or systems to the Services;
2. securing all licenses, permits, approvals, rights-of-way, access rights, including ingress and egress from buildings, and other arrangements necessary to install, receive, and use the Services; and
3. ensuring that Customer or third-party facilities, services, equipment or systems interface are properly interconnected with the Services; that the signals delivered to the Company’s Service are fully compliant with industry standards; and that such signals do not damage Company property or personnel, or degrade Service to other Customers of the Company.

3.2.9 Misuse of Customer’s Service: The Company shall neither provide credit allowances nor otherwise be liable for the use, misuse or abuse of Customer’s Service by the Customer, its agents, employees or any third parties including, without limitation, members of the public. If Company co-operates with Customer by recommending potential solutions to reduce or eliminate the unauthorized use of Customer’s Service, Company undertakings shall not be deemed to be promises or guarantees by Company that the unauthorized use of Customer’s Service will be reduced or eliminated, and in no event shall Company incur any liability in connection with those undertakings to Customer or any third party. In all instances, Customer shall be responsible for its facilities, services, equipment or systems interconnected with the Company’s Service.

3.2.10 Billing Errors: The Company’s obligation with respect to any errors resulting in Customer overpayments for the Service is limited to granting invoice credits equal to the dollar amounts erroneously billed. Under no circumstance will any billing error affect the Customer’s obligation to pay for Services rendered and used.

3.2.11 Calls to Public Safety Answering Points (PSAPs) or 911: The Company shall not be liable for the misrouting of any calls made to PSAPs or to municipal emergency service providers.

4.0 INDEMNIFICATION 

4.1 Company’s Indemnification of Customer: Company will defend and indemnify Customer, its employees, directors, officers and agents, from and against any suit, proceeding or other claim brought by an entity (not a party to or an affiliate of a party to this Agreement) that is caused by, arises from, or relates to damage to real or tangible personal property or personal injuries (including death) arising out of the gross negligence or willful act or omission of the Company in the provision of Service provided by the Company.

4.2 Customer’s Indemnification of Company: Customer will defend and indemnify the Company, its employees, directors, officers and agents, from and against any suit, proceeding or other claim brought by an entity that is caused by, arises from, or relates to: (a) damage to real or tangible personal property, personal injuries (including death) arising out of the gross negligence or willful act or omission of Customer in the use of the Service; and (b) representations regarding the nature of Customer’s traffic and any use, operation or resale of the Service by Customer in contravention of this Agreement, including without limitation, claims of libel, slander, unauthorized use of copyright or trademark by Customer or the business activities and practices of Customer arising from Customer’s use of the Service.

4.3 Intellectual Property: If a Service provided by the Company becomes, or if the Company reasonably believes a Service it is providing may become, the subject of a suit, proceeding or other claim by an entity (not a party to or an affiliate of a party to this Agreement) that the Service directly infringes the U.S. patent, trademark or copyright rights (“Intellectual Property’) of such entity, the Company shall, at its own expense and option: (a) procure the right for the Company to continue to provide the Service; or (b) modify or replace the Service with a different service that has substantially similar functionality; or (c) discontinue providing or direct the cessation of any use of the Service and refund to Customer a pro-rated portion of any charges paid for the affected Service through the date of Service discontinuation or cessation. Notwithstanding the foregoing, the Company will have no obligation to defend or indemnify Customer, and Customer will defend, indemnify and hold harmless the Company for any suit, proceeding or claim arising out of: Customer’s: (a) designs, specifications, modifications, or configurations; (b) combination of Customer hardware or software, or other materials, services or methods with the Service; or (c) use, operation or resale of the Service in contravention of its obligations and responsibilities.

4.4 Procedure: If an entity makes a claim against Company or Customer, the party in receipt of such claim (“Indemnified Party”) will promptly notify the other party (“Indemnifying Party”) in writing no later than sixty (60) days after receipt of such notification of a potential claim. The Indemnifying Party may assume sole control of the defense of such claim and all related settlement negotiations. The Indemnified Party will provide the assistance, information and authority necessary to assist the Indemnifying Party in its obligations. Neither Company nor Customer may settle any such matter without the consent of the other as to any settlement that imposes an obligation on, or requires any admission by, the other party. Failure of the Indemnified Party to promptly notify the other will not relieve the Indemnifying Party of its obligations except to the limited extent such delay prejudices the Indemnifying Party. Additionally, if the Service as and in the manner provided by the Company is determined by a court of competent jurisdiction to have directly infringed an entity’s Intellectual Property rights, or if such claim is settled, the Company shall indemnify Customer for its reasonable legal fees incurred to defend itself against such claim up to and including the time of final disposition or settlement of such claim and any payment required to be made by the Customer pursuant to such judgment or settlement.

4.5 These Customer and Company indemnifications will survive the expiration of this Agreement.

5.0 CUSTOMER OBLIGATIONS 

5.1 Commencement of Relationship and Service Provisioning: The execution of an Agreement by Customer and acceptance thereof by Company establishes the respective rights and obligations of the parties. If there is no executed Agreement but Customer nevertheless uses Services, Customer is deemed to have consented to all terms of the Agreement, including documents and publications incorporated therein by reference, e.g., these General Terms and Conditions and applicable Supplemental Product Terms and Conditions relating to the Service(s) used by Customer. Customer shall allow Company, its agents or contractors reasonable access to Customer’s premises to facilitate installation, maintenance, testing, repair, and termination of the Service, including the retrieval of Company property used to provide the Service.

5.2 Use and Maintenance of Customer-Provided Facilities, Services, Equipment and Systems: If Customer, its agent or contractor fails to operate and maintain Customer-provided facilities, services, equipment and systems interconnected with a Service, with the result that there is harm or imminent harm to Company, its Services, personnel or other customers, Company may require Customer, at its expense, to acquire, install and use protective equipment designed to eliminate such harm. If the protective equipment fails to eliminate the harm, the Company, following the delivery of written notice to Customer, may suspend or terminate the Customer’s Service immediately without any liability or further obligation to Customer.

5.3 Customer’s Use of Company Service Marks and Trademarks: Without the prior written consent of the Company, Customer may not: (a) use any service mark or trademark of the Company or its affiliates, including those licensed to the Company or its affiliates, and (b) refer to the Company or any of its affiliates in connection with any service or product, promotional offering, or publication of the Customer.

5.4 Customer’s Consent to the Use of Electronic Records: Customer consents to the use of electronic records by the Company in a form or forms chosen by the Company solely.

5.5 Notice of Claims and Problems: Customer shall notify Company immediately upon its receipt of any information that might adversely affect the Company, including, but not limited to, notices of any claims or proceedings that involve the Service, and Customer shall notify Company promptly of any problem relating to the Service or its performance, and reasonably cooperate with the Company in repairing the Service problem.

5.6 Additional Services: Customer may request additional Service(s) from the Company, which Company, in its sole discretion, may agree to provide the Service(s) pursuant to an additional Agreement including, if applicable, any incorporated tariff(s).

5.7 Co-operation on Audits: If another carrier or regulatory agency seeks to audit traffic involving Services furnished under the Agreement, Customer will co-operate in any such audit investigation. In addition, to the extent any third party attempts to recover access fees, reciprocal compensation or other charges, surcharges or taxes from Company as a result of such audit investigation, Customer will indemnify and hold harmless Company for any and all costs and charges resulting from such third party action, although Customer may challenge any such charges assessed by a third party or any claim that its traffic is subject to access charges.

5.8 Compliance with FCC Registration Requirements: If required, Customer will timely prepare and filing quarterly the FCC Form 499-A to accurately reflect the Customer’s operations.

5.9 Unless otherwise provided in a SOA, or MSA, Customer is fully obligated to satisfy the revenue and/or volume commitments upon which its Service rates and charges, discounts or credits are based.

5.10 911 Calling: Customer must ensure that no calls to a public safety answering point (“PSAP”) or other emergency answering point can be made via a GF Service from any location other than the particular Customer Premises where the Service is established.

6.0 REGULATORY/LEGAL COMPLIANCE 

6.1 Additional Charges Resulting from Regulatory Activity: Service rates and charges applicable to Customer under this Agreement are subject to the imposition of additional charges, surcharges or taxes that result from actions taken by federal, state, or local regulatory authorities, legislative bodies or courts of competent jurisdiction (collectively, “Regulatory Activity”). The Company may: (i) pass through to Customer, in whole or in part, any such charges, surcharges or taxes directly or indirectly relating to Regulatory Activity; or (ii) modify the rates, charges or other terms and conditions of this Agreement to accommodate the impact of Regulatory Activity, including, without limitation, actions taken by third parties in response to Regulatory Activity.

6.2 Jurisdictional Nature of Traffic: All traffic delivered by Customer, its agents or authorized users to the Company for local termination, and all traffic Company delivers to Customer, its agents or authorized users that originates in the same local calling area in which Customer’s NPA-NXX is assigned or in which such traffic terminates with Customer, its agents or authorized users must either be local traffic or traffic entitled to be treated as local traffic under applicable federal, state and local laws, administrative and regulatory requirements, and any other authorities having jurisdiction over such traffic. With respect to such traffic, Company will assign local telephone numbers to Customer or route Customer’s traffic for termination as local calling. Neither Customer nor any of its agents or authorized users may remove or in any way alter Automatic Number Identification (“ANI”) or Calling Party Number (“CPN”) information associated with any traffic delivered pursuant to this Agreement. Customer will cooperate or, as necessary, assure the cooperation of others within its control to obtain or verify any regulatory certifications or other information needed regarding the jurisdictional nature of the Customer’s traffic.

6.3 Payment of Additional Charges: Customer shall promptly pay Company all access charges, reciprocal compensation, or any other charges, surcharges or taxes that, in accordance with FCC regulations or decisions, or those of any applicable state regulatory authority, or industry practices, are associated with Customer traffic delivered, or facilities utilized, pursuant to this Agreement, including, but not limited to, any retroactive charges (collectively, “Additional Charges”) not already reflected in the rates charged by the Company for Service. Although the Company has no obligation to challenge Additional Charges imposed by third parties, it may do so and, if successful, will refund to Customer any Additional Charges previously paid by Customer. Within two (2) billing cycles of any rate increase involving Additional Charges, Customer, upon giving written notice to Company, may transition any Service affected by a rate increase to another carrier over a mutually agreeable period of time not to exceed sixty (60) days. During a transition period, Customer must pay any Additional Charges billed to or remitted by the Company through the final transition date. Notwithstanding any other provision of this Agreement, if, within the designated two (2) billing cycles, Customer fails to furnish written notice to Company of its intent to transition affected Service to another carrier, Customer shall be deemed to have waived its right to do so.

6.4 Avoidance of Switched Access and Other Charges: Customer may not use Service to originate or terminate voice calls in a manner that bypasses switched access or other applicable charges. If Customer does so, it will constitute a material breach of this Agreement and will entitle Company to discontinue Service and terminate the Agreement for cause immediately upon the delivery of written notice to Customer. In addition, Customer shall indemnify, defend and hold harmless the Company and its Affiliates, their employees, directors, officers, and agents from and against all claims, demands, actions, causes of actions, damages, liabilities, losses, and expenses (including reasonable attorney’s fees) incurred as a result of Customer’s breach of this obligation. Notwithstanding any other provision of this Agreement, the damages for any breach of this Customer obligation shall not be capped or limited. The Company at any time may audit Customer traffic to assure compliance with its obligation not to bypass switched access or other applicable charges.

7.0 BILLING AND PAYMENT ARRANGEMENTS 

7.1 Customer’s Responsibility for Payment: Customer shall pay Company for Services at the applicable recurring, non-recurring, and usage rates and charges established from time to time by the Company. Service requested by Customer via a SOA, or MSA, shall identify the type and quantities of Service desired, the location(s) at which Service is to be provided, the requested term of Service, and such other information required by the Company to provision and to invoice the requested Service.

7.2 Applicable Rates and Charges: Except as expressly provided otherwise in a SOA, or MSA, the rates and charges for Service shall be effective during the Initial Term of Service and during any automatic renewal term except that, for non-international Service rates and charges not specifically established in a SOA, or MSA, the Company may modify the applicable rates and charges on not less than fifteen (15) days prior notice to Customer. For international Service, the Company may modify the applicable rates and charges upon five (5) days prior notice to Customer, i.e. the revised international rates and charges will become effective on the sixth (6th) day following the date of receipt of notice by Customer. Customer acknowledges that the termination of international long distance wireless calls may be billed at higher rates, as set forth elsewhere in the Agreement.

7.3 Service Start Date; Invoicing; and Payment Deadline: Company will notify Customer when Service is available for use. The date of such notice shall be the Start of Service Date, and Customer’s obligation to pay for Service shall begin on that Date. Service invoicing will occur on a monthly basis. Unless otherwise specified in the Agreement, all invoices are due and payable within twenty (20) days of invoice date (“Payment Deadline”).

7.4 Non-recurring Charges: Non-recurring Charges are due and payable on the Start of Service Date or as otherwise billed by the Company.

7.5 Monthly Recurring Charges: Monthly Recurring Charges are fixed in amount, not dependent on usage, and billed in advance. When Service commences other than on the first day of a monthly billing period or terminates on other than the last day of a monthly billing period, the charge for Service will be determined by prorating the monthly recurring charge by the number of days that Service was furnished during the monthly billing period.

7.6 Usage Charges: Usage Charges are billed in arrears.

7.7 Other Charges Not Included in Service Rates or Charges:

7.7.1 Surcharges and Other Service Related Fees:

1. Federal Universal Service Fund Surcharge: The Federal Universal Service Fund Surcharge is a charge shown as a percentage rate and applied by the Company on all invoiced interstate and international charges for services subject to the Universal Service Contribution Factor established by the FCC to support Universal Service programs. The Surcharge, which is identical to the Contribution Factor established by the FCC and revised regularly on a quarterly calendar year basis, may not be waived under any circumstance, is not eligible for discounting or promotions, and is applied to the Customer’s total net interstate and international charges, specifically, the charges remaining after the application of all available discounts and credits.
2. Long Distance Access Charge: The Long Distance Access Charge (“LDAC”) is a monthly charge assessed on a per-line basis and applied to lines presubscribed to the Company’s interstate long distance services or to lines not presubscribed to the Company’s interstate long distance services but nevertheless employed by Customers selecting the Company as their service provider.
3. Access Recovery Charge: The Access Recovery Charge (“ARC”) is a monthly charge designed to recover increased network costs for access circuits used to provide Service to Customers, including but not limited to increases due to FCC or other governmental or regulatory actions or judicial determinations made in connection with incumbent local exchange carrier charges for such circuits. The ARC is calculated as a percentage of the Customer’s total Monthly Recurring Charges. GF reserves the right to add, change or delete Access Recovery Charges upon notice to Customer.
4. Federal Regulatory Recovery Charge and Property Tax Allotment Surcharge: The Federal Regulatory Recovery Charge and Property Tax Allotment Surcharge is a monthly charge that allows the Company to recover costs imposed by: (i) federal regulation including, but not limited to, funding Telecommunications Relay Service for the hearing-impaired and national number administration; and (ii) state and local governmental authorities for taxes imposed on property owned by the Company.
5. Other Service-Related Fees: Monthly surcharges to recover other costs that Company incurs in furnishing the Service including, but not limited to, those relating to special access and payphone charges, will be assessed and charged to Customers.

7.7.2 Taxes: Service rates and charges are exclusive of all taxes, fees, tax-related surcharges and tax-like surcharges, including, but not limited to, the Subscriber Line Charge and those charges set forth in Section 7.7.1. Customer shall be responsible for, and must pay, all taxes, including, without limitation, sales, use, excise, gross receipts, value added, access, bypass, franchise, telecommunications, consumption and other taxes, fees, duties, charges or surcharges, however designated, and imposed directly on the Company based on the provision, sale or use of Service. If Customer believes it, or the Services it receives and uses, are exempt from any tax, Customer will provide Company with a properly executed exemption certificate in a form acceptable to the Company that evidences the exemption claimed. In no event will Customer be responsible for any income taxes levied on Company or any underlying carrier’s net income. Customer’s obligation to pay applicable taxes (and all other charges due and owing for Service) shall survive the expiration of the Agreement.

7.7.3 Set-up, Installation and Disconnect Fees: Customer shall pay all applicable set-up, installation, and disconnect fees, which will be invoiced on a Non-Recurring Charge basis and are non-refundable. The schedule of installation fees contemplates installations in normal locations under normal working conditions during regular business hours. Any installations under other circumstances including, but not limited to, installations in hazardous locations or made on an expedited basis outside of standard installation intervals will be subject to additional charges.

7.7.4 Charges Imposed By Other Suppliers: If an entity other than the Company (e.g., another carrier or supplier) imposes charges on the Company in connection with the provisioning of Service to Customer, e.g., for expedited installations, such charges will be invoiced by Company on a pass-through basis and paid by Customer.

7.7.5 Local Telephone Company Billing Option Fee: If Customer elects to be billed by the Company for charges of Customer’s local telephone service bill (and the Company is not the Customer’s local telephone service provider), Customer will be charged a fee to recover the charge imposed on the Company by the billing of Customer’s local telephone service provider. Customer who selects the Company as his/her/its local exchange carrier will be billed pursuant to the applicable tariffs of the Company.

7.8 Payment for Additional Service: Customer will be invoiced and required to pay charges associated with any additional Service provided to Customer including, but not limited to, Service upgrades or relocations.

7.9 Late Payment Fee on Past Due Amounts: Except as expressly provided otherwise in a SOA, or MSA, invoices not paid in full within twenty (20) days of the invoice date will be past due and subject to an additional charge equal to the lesser of a 1.5% per month late payment fee or the maximum monthly rate permitted by law on past-due balances.

7.10 Credit Balances on Closed Accounts: If a Customer whose account for Service has been closed, and with a credit balance owing, the Company will transfer the credit balance to another account of the Customer, if there is one, or it will mail a check for the credit balance owed to the Customer if the Company believes it has a valid and current address of the Customer. If the Company is not certain the validity and correctness of the Customer’s current address, it will include a notice in the final invoice mailed to the Customer’s last known address according to the Company’s records, asking the Customer to verify the address so the Company can mail a check for the credit balance owing, or it will write to the Customer at that address and request Customer’s verification of its current address. Verification may be achieved by either the Customer called from a designated telephone number or in writing, to a specified address. Upon receiving verification, a check for the credit balance owing will be mailed to the Customer. If the final invoice or the notification letter is returned to the Company by the post office as undeliverable, or if no Customer response is received within thirty (30) days of the mailing of the final invoice or the notification letter, the Company may apply a closed account maintenance charge of $2.50 per month beginning in the second monthly billing period following the month in which the account was closed. This charge will apply until either the Customer requests a refund in writing or the credit balance owed is exhausted.

7.11 Treatment of Credit Balances: If a Customer whose account for Service has credit remaining by the time when account being closed, GF will transfer that balance to the Customer’s another account with GF if there is one, or the Company will mail a check for the balance to the Customer’s last known address shown in GF’s billing records. If a mailed check covering a credit balance is not cashed within ninety (90) days of its issuance, GF will apply a Closed Account Maintenance Fee of $2.50 per month beginning in the monthly billing period immediately following the one in which the ninety (90) day period for presentment expires. This Fee will continue to apply until the credit balance is exhausted or the Company is required under applicable law to dispose otherwise of the balance, whichever first occurs.

7.12 Recovery of Collection Costs: Unless otherwise prohibited by law, Customer shall reimburse Company for any costs incurred by the Company in undertaking any collection activity, including, but not limited to, the reimbursement of reasonable attorneys’ fees.

7.13 Invoicing De Minimis Amounts: The Company may invoice the Customer on other than a monthly basis or, alternatively, excuse the Customer from its monthly payment obligation if only a de minimis amount is due and owing. In such instances, the Company may bill the Customer every other month or, alternatively, not invoice the Customer until the amount due and owing reaches a level the Company deems sufficient to justify invoicing costs.

8.0 AGREEMENT TERM, TERM RENEWAL, AND TERMINATION/DEFAULT 

8.1 Termination of Agreement by Either Party; Renewal: The initial term of Service shall be as set forth in the SOA, or MSA (“Initial Term”) and shall begin on the Start of Service Date. If no Initial Term is set forth in an SOA, or MSA, the initial term of Service shall be three (3) year. If neither the Customer nor the Company cancels or terminates the Agreement before the end of the Initial Term or any renewal term, the Agreement, unless otherwise provided in a SOA, or MSA, shall automatically renew for an identical term pursuant to the rates, terms and conditions contained in the Agreement. Unless Company has provided notice of its intent to terminate the Agreement, the Company, from time to time, will advise Customer in writing of the automatic renewal of the Agreement (and the term of service) if Customer takes no action prior to the expiration of the Agreement. If Customer notifies Company of its intent to terminate the Agreement, the actual termination of the Agreement (and Service) will not occur until thirty (30) days after receipt of the Customer’s notification. If Customer has chosen to subscribe to Service for a minimum term or for a minimum committed usage amount, and Customer terminates the Agreement (and Service) before the end of the Initial Term or any renewal term before satisfying the minimum, or if the Agreement (and Service) is terminated by the Company for cause, the actual termination of the Agreement (and Service) will not occur until thirty (30) days after the receipt of notice, and Customer shall be subject to any applicable termination charge or committed usage amount shortfall charge. If the term of the Agreement is month-to-month, either party may terminate the Agreement (and Service) by providing the other party with written notice of termination at least thirty (30) days prior to the intended termination date.

8.2 Customer Default/Cancellation/Change Before Start of Service Date: Except as otherwise expressly provided in a SOA, MSA or associated service order document, e.g., Access Service Request, if Customer, without any express right to do so, cancels, changes or breaches the Agreement after its execution but prior to the Start of Service Date, Customer shall pay Company an amount equal to: (a) all Non-recurring Charges incurred by Company up to the date of cancellation; plus (b) two (2) months of the forecasted Monthly Recurring Charges or monthly commitment level payments.

8.3 Customer Default/Termination After Start of Service Date: Except as required by law or regulation, or except as otherwise expressly provided in an SOA, or MSA, if, after the Start of Service Date, Customer fails to pay any amount required under the Agreement when payment is due, Company may suspend any and all Service provided by GF to Customer pursuant to this Agreement or any other service agreement, if payment is not received from Customer within a time period established in a notice of suspension letter sent to Customer. (If Service is suspended for nonpayment, Customer may be assessed reconnect fees and/or be required to pay a deposit equal to two month’s charges prior to any reconnection of the Service.) If, following the suspension of Service, Customer fails to pay all amounts required under the Agreement within ten (10) days of the date of a notice of termination letter sent to Customer, the Company will terminate all Customer Service(s) (and the underlying Agreement(s)).

If, after the Start of Service Date, Customer fails to comply with any other material term of an Agreement, and such failure continues for thirty (30) days after written notice thereof from Company to Customer, Company will terminate Service(s) (and the underlying Agreement(s)).

Upon termination, Customer, at its expense, will receive written notice from Company establishing a time period within which it must remove all its equipment from GF premises. Any equipment not timely removed shall be deemed to have been abandoned by Customer and shall become the property of GF to do with as it sees fit.

In the event of such termination for cause, Customer will be required to pay, in addition to all other amounts due and owing Company, applicable early termination charges equal to: (a) one-hundred percent (100%) of any Monthly Recurring Charges due for Service during the remainder of the Initial Term or any renewal term; plus (b) for long distance and local voice Service (and other Services with usage-based charges), seventy-five percent (75%) of the Customer’s average monthly usage for the three (3) month period immediately prior to the monthly billing period in which Service is terminated (or such lesser period if fewer than three (3) months of Service was utilized), times the number of months remaining in the Initial Term or any renewal term of Service; provided, however, that for Services with usage-based charges, if Customer has made an annual or other revenue commitment, the early termination charge assessed in subpart (b) above shall be an amount equal to the difference between the Customer’s commitment over the remaining Initial Term or any renewal term and the Service actually used by Customer up to the date of Service termination. In addition, early termination charges will apply if: (i) the Company discontinues the furnishing of Service pursuant to Article 12.1, infra; or (ii) Customer terminates Service, in whole or in part, for its convenience. Early termination charges shall be immediately due and payable upon Customer’s receipt of Company invoices containing such charges.

The Company may institute immediate action to enforce the payment of charges due and owing it, including the pursuit of all remedies available in law or equity. Customer will be responsible for paying any collection and attorney fees reasonably incurred by the Company in seeking payments owed by Customer.

8.4 Construction or Acquisition of Communications Facilities: If Company specially constructs or acquires Communications Facilities in order to provide Service(s) to Customer, and Customer cancels or breaches the Agreement after its execution but prior to the Start of Service Date, Customer shall reimburse Company or any third party, as appropriate, for all costs incurred in undertaking to specially construct or acquire such Communications Facilities. If Company specially constructs or acquires Communications Facilities in order to provide Service(s) to Customer, and Customer terminates or breaches the Agreement after the Start of Service Date, Customer shall pay Company or any third party, as appropriate, all remaining unpaid charges owed for the specially constructed facilities. In addition to these remedies, Customer will not be eligible for any “Company Satisfaction Guarantee” or any other early termination waiver program or promotion.

8.5 Installation Delays: If there is a delay in Service installation, Customer may cancel Service without liability only if the delay is due solely to the Company and lasts more than ninety (90) days beyond the scheduled Start of Service Date; provided, however, that in no event may Customer cancel Service without liability if the Company has incurred costs in specially constructing or acquiring Communications Facilities to provide Service to Customer.

8.6 Customer Default/Nonpayment/Limitation on Remedies. With respect to any termination or planned termination for the nonpayment of monies due and owing GF, Customer agrees that: (i) such action would not result in irreparable harm to Customer; and (ii) Customer’s remedies shall be limited to those provided in the Agreement or to seeking damages at law, but in no event will include seeking or obtaining equitable relief in any form in any forum.

8.7 Termination Not Exclusive Remedy: Any remedy provided to the Company shall not be construed to be an exclusive remedy and shall not deprive the Company of its ability to pursue other available remedies. The parties agree that the Company’s damages in the event of Service cancellation or termination would be difficult or impossible to ascertain and, therefore, the early cancellation or termination charges in the Agreement are intended to serve as liquidated damages rather than penalties.

9.0 CUSTOMER CREDIT HISTORY; SECURITY DEPOSITS; OTHER ASSURANCES OF PAYMENT 

9.1 Customer Credit History: Company may seek and acquire credit and related Customer information from reporting agencies furnishing such information for the purpose of ascertaining Customer’s credit and payment history. Company will use the information acquired to make a determination of the financial conditions pursuant to which it will provide Service to Customer.

9.2 Deposits and Other Assurances of Payment: Applicants for Service or existing Customers whose financial condition is neither known nor acceptable to the Company may be required at any time to provide the Company with a deposit, bond or other financial assurance of payment as a condition of the initial or continued receipt of Service. A deposit may be in cash or equivalent, up to an amount equal to the applicable installation charges, if any, or up to three (3) month’s actual or estimated monthly recurring and usage charges for the Service(s) requested or provided. Company also may request a deposit, bond or other financial assurance relating to potential charges assessed by third parties, if Company deems such is necessary or advisable. Other forms of financial assurance include, without limitation, advance payments, third-party guarantees, pledges or other grants of security interests in Customer assets. Any financial assurance required by the Company may be adjusted as a result of changing conditions, including Customer’s Service usage volumes and patterns. In addition, the Company may require an applicant or Customer to pay its Service invoices within a lesser period of time than the standard and to make its payments in cash or by wire transfer in the equivalent of cash. The Company will pay simple interest at the rate of three percent (3%) per annum for the period during which it holds a Customer’s cash deposit, unless a different rate of interest is established and applicable in the jurisdiction in which Service is provided. The Company may refund a deposit at any time to Customer by crediting it, with accrued interest, against the Customer’s account. The Company may refuse to accept a request for Service, cease processing a Service request, or suspend or terminate Service if Customer refuses or fails to comply with any Company request for a security deposit or other assurance of payment.

10.0 BILLING DISPUTES 

Withholding of Payment; Deadlines to Challenge Invoiced Charges: Customer may withhold payment of any disputed charge in an amount not to exceed twenty (20) percent of the total amount billed on the invoice containing the disputed charge if Customer: (1) pays all undisputed charges on or before the Payment Deadline; and (2) notifies the Company on or before the Payment Deadline of the dispute and furnishes with its notification information sufficient to allow the Company to investigate Customer’s claim. Customer also may dispute any invoiced charge after the Payment Deadline (and without right of withholding any payment) by notifying the Company in writing and furnishing information sufficient to allow the Company to investigate Customer’s claim, provided Customer’s notification is received by Company within one hundred twenty (120) days of the date of the invoice on which the disputed charge occurs. In all instances involving a disputed charge, the parties will cooperate in good faith to resolve the dispute within thirty (30) days of the Company’s receipt of the Customer’s notification. If a dispute is not resolved within that period, either Company or Customer may seek alternative dispute resolution in accordance with the Dispute Resolution Process set forth in Section 11. If any disputed amount for which payment has not been made by Customer is determined to have been a correct or proper charge, interest, not to exceed the lesser of 1.5% per month or the maximum rate allowed by law, may be charged on the unpaid amount, calculated from the date of the Payment Deadline. Any payment made by Customer of an invoiced charge on or before the Payment Deadline shall not foreclose the Customer from later challenging the charge so long as the challenge is timely made and communicated to Company with information sufficient to allow the Company to investigate the claim. All invoiced charges shall be deemed to be correct and indisputable one hundred twenty (120) days after the date of the invoice on which they appear. With respect to any termination or planned termination for the nonpayment of monies due and owing GF, Customer acknowledges and agrees that: (i) such action would not result in irreparable harm to Customer; and (ii) Customer’s remedies shall be limited to those provided in the Agreement or to seeking damages at law, but in no event will include seeking or obtaining equitable relief in any form in any forum.

11.0 DISPUTE RESOLUTION PROCESS 

11.1 The parties agree to use the dispute resolution procedures set forth in this Section 11 with respect to any controversy or claim arising out of or relating to the Agreement or its breach, except that GF may elect to litigate, or bring before the applicable agency in the case of subsection (iii), the following types of controversies or claims: (i) action seeking a temporary restraining order or injunction, (ii) a suit to compel compliance with this dispute resolution process, (iii) disputes relating to the lawfulness of rates, terms, conditions or practices concerning Services are subject to the Communications Act of 1934, as amended, or the rules and regulations of the FCC, a state public utility commission or other administrative agency, (iv) Customer’s non-compliance with publicity provisions, or (v) billing or payment disputes or collections matters.

11.2 Either party may submit a dispute to binding arbitration for resolution by a single arbitrator with a professional arbitration service mutually agreeable to the parties after furnishing the other party ten (10) days prior written notice. If the parties cannot agree on an arbitration service, the arbitration will take place pursuant to the American Arbitration Association (“AAA”) Commercial Arbitration Rules and Mediation Procedures. The parties shall bear equally the costs of arbitration, including the fees and expenses of the arbitrator. Each party shall bear the cost of preparing and presenting its case, which will be heard at a mutually agreeable site in Los Angeles County, California, or as otherwise expressly provided in a SOA, or MSOA.

11.3 This Section 11 and the arbitrator’s authority to grant relief shall be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, et seq. (“FAA”), the provisions of this Agreement, and the AAA Code of Ethics for Arbitrators in Commercial Disputes. The arbitrator shall have no power or authority to make any award that provides for punitive or exemplary damages or damages otherwise limited or excluded in the Agreement. The arbitrator’s decision shall be final and binding. The award may be confirmed and enforced in any court of competent jurisdiction. The FAA shall govern all post-award proceedings.

12.0 DISCONTINUANCE FOR CAUSE BY COMPANY 

12.1 Fraud or Other Threats: The Company, without notice and without incurring any liability, may discontinue the furnishing of Service if: (a) it determines such action is necessary to (i) prevent or protect against fraud, tricks, tampering, schemes, false or invalid numbers, false credit devices, electronic devices, or any other fraudulent means or devices, (ii) protect its personnel, agents, facilities or services, or (iii) protect against actual or potential adverse financial effects; (b) the Customer fails or refuses to furnish information regarding the Customer’s creditworthiness, its past or current use of Company Services, the jurisdictional nature or characteristics pertaining to its use or planned use of Service; (c) the Customer provides false information to the Company regarding the Customer’s identity, address, creditworthiness, past or current use of Service, or the jurisdictional nature or characteristics pertaining to its use or planned use of Service; (d) the Customer indicates it will not comply with a request for security for the payment for Service or will not pay any amounts due and owing the Company; or (e) if Customer becomes insolvent, makes assignments for the benefit of creditors, files for bankruptcy or reorganization, fails to discharge an involuntary petition for bankruptcy within the time permitted by law, or otherwise abandons Service.

12.2 Service Non-use: The Company, without incurring any liability, may discontinue the furnishing of Service: (a) without notice, if Customer has not used Service (other than the Company’s Calling Card Service) for six (6) consecutive months; (b) without notice, if Customer who accesses Service via an authorization code has not used Service (with the exception of calls to Directory Assistance) for ninety (90) days; or (c) with written notice delivered to the billing address of a Customer of Calling Card Service, if Customer has not used the Service (with the exception of calls to Directory Assistance) for six (6) consecutive months.

12.3 Condemnation or Loss of Facilities: The Company, with notice to Customer, may suspend or terminate Service following the condemnation of any material portion of the facilities used to provide Service or if a casualty renders all or a material portion of such facilities inoperable and beyond feasible repair.

12.4 Customer’s Obligation To Pay: The discontinuance of Service pursuant to this Section 12 does not relieve the Customer of its obligation to pay the Company for Service furnished up to the time of discontinuance. If Service is discontinued by the Company for cause before the Customer has fulfilled its Initial or any Renewal Term, or during any Service plan to which special charges apply, Customer will be obligated to pay the Company as if it had terminated Service for its convenience.

13.0 TELECOMMUNICATIONS SERVICE PRIORITY PROVISIONING AND RESTORATION OF SERVICE 

Telecommunications Service Priority Provisioning and Restoration of Service: The provisioning and restoration of Service in emergencies shall be undertaken in accordance with Section 64.401 of the FCC’s Rules and Regulations, 47 CFR Sec. 64.401, which establishes a prioritization for such undertakings.

14.0 SERVICE INSPECTION, TESTING AND ADJUSTMENT 

14.1 Inspection: Upon reasonable notice, Company may conduct inspections of Service to determine whether Customer is satisfying its obligations under the Agreement. Company may interrupt Service at any time, without penalty, if it determines the Customer is non-compliant with any Agreement requirement. No outage allowance credit will be given for any Service interruption occurring during an inspection.

14.2 Testing and Adjustment: Upon reasonable notice, Customer shall make Service available to Company for such testing and adjustment as the Company deems necessary to maintain the furnishing of Service at satisfactory levels.

15.0 COMPANY FACILITIES AND EQUIPMENT FURNISHED TO CUSTOMER 

15.1 Company Facilities and Equipment: The Company will use reasonable efforts to maintain facilities and equipment furnished to Customer as part of Service. Without the prior written consent of the Company, Customer may not rearrange, disconnect, remove, attempt to repair, or otherwise interfere with any of the facilities or equipment installed by the Company in the course of provisioning Service, nor may it permit others to do so.

15.2 Title to Facilities and Equipment: Company facilities and equipment used to provide Service shall remain the sole and exclusive property of Company or its assignee(s). Said facilities and equipment at all times shall be and remain personal property notwithstanding any attachment or embedding in reality. Company will endeavor to affix identifying plates, tags or labels on its facilities and equipment disclosing Company’s ownership thereof. Customer shall not tamper with, remove, or conceal such identifying plates, tags or labels. Upon reasonable notice, Company may access its facilities and equipment on Customer’s premises and replace or remove said facilities or equipment at any time.

15.3 Use of Company-Provided Facilities and Equipment: Customer will operate Company-provided facilities and equipment in accordance with instructions provided by the Company or its agent.

15.4 Return of Company-Provided Facilities and Equipment: Within thirty (30) days of the termination of Service, Customer will return to the Company all Company-provided facilities and equipment within Customer’s control. Said facilities and equipment shall be in the same condition as when originally delivered to Customer, normal wear and tear is acceptable. If Customer fails to return such facilities and equipment, Customer, upon demand, will reimburse Company for the replacement cost of the facilities and equipment, plus any costs reasonably incurred by the Company in seeking to recover its property.

15.5 Costs Incurred to Provision Services: Customer will be responsible for all costs incurred in accommodating the provisioning of Service at its premises, including, without limitation, those pertaining to electricity, HVAC, and security.

16.0 SYSTEMS SECURITY 

16.1 Customer Use of Company Systems: If Company grants Customer the access to its systems and data in order to maintain the Service, Customer must:

1. Access Company systems and data only to the extent of necessary administration and management for the Customer’s Service. Any access beyond the necessity as described above may subject Customer to civil or criminal penalties.
2. Not disclose or use data acquired as a result from accessing Company systems, except as necessary to assure the proper operation of the Service. Customers must take all reasonable and necessary steps to prevent revealing the data to those whom do not need to know them.
3. Not disclose, provide or otherwise make available, in whole or in part, Company-confidential, -proprietary or likewise documentation or related materials except to those whom having the need to know in connection with the furnishing and use of Services. All such documentation shall remain the property of the Company and may not be copied, reproduced or otherwise disseminated without the prior written consent of the Company.
4. Take all reasonable precautions to maintain the confidentiality of Company documentation or other information acquired in the course of subscribing to and using the Service. Such precautions shall include the protection of Personal Identification Numbers (PINs) and passwords selected by, and known only to, the Customer and its authorized users, Company telephone and dial-up access number(s) assigned to Customer by the Company, and any other aspect of access and sign-on methodology. Customer must follow normal logoff procedures prior to leaving a terminal unattended and, as necessary, report any known or suspected attempt by others to gain unauthorized access to the Service.

16.2 Security Access Devices: Customer must notify the Company immediately if a security access device assigned to Customer for dial-up access is lost, stolen or misplaced.

16.3 Security of Passwords and Authorization Codes: For Services that require the use of passwords for access, a user ID and password will be provided to each authorized user of the Customer’s Service. Customer accepts its sole responsibility for maintaining the security of such user IDs and passwords, and Company shall have no liability resulting from any Customer failure to maintain the security of this user information.

16.4 Security of Web Hosting User IDs: Customer shall be responsible for the use of all user IDs associated with Customer’s Web Hosting Service, whether used under any name or by any person, and for ensuring full compliance with the Agreement by all authorized users of Customer’s user IDs. This responsibility includes maintenance of the confidentiality of Customer passwords. If Customer breaches its security obligation, Customer will be liable for any unauthorized use of the Web Basics Hosting Service until such time as Customer notifies the Company’s Customer Service Department.

17.0 ALLOWANCES FOR SERVICE FAILURES 

17.1 Credit for Service Failures: Except as expressly provided otherwise in applicable tariffs, Product Terms and Conditions (including Service Level Agreements), or in a SOA, or MSA, the Company will credit Customer for Service failures as provided herein. If Customer reports an interruption of Service but refuses to release the Service or any component thereof to Company for inspection, testing and repair, the Service will be deemed to be impaired instead of interrupted.

17.2 Application of Credit Allowances for Services Invoiced on a Usage Basis: For Services for which charges are specified on the basis of per minute of use, or on usage of a fraction of a minute, credit will be made for that portion of a call that is interrupted due to poor transmission or involuntary disconnection caused by Service deficiencies. To receive credit, Customer must notify the Company and furnish information, including the called number, the Service subscribed to, the difficulty experienced, and the approximate time the call was placed.

17.3 Application of Credit Allowances for Services Invoiced on a Monthly Recurring Charge Basis: For determining credit allowances for Services invoiced on the basis of Monthly Recurring Charges, a month shall be deemed to consist of thirty (30) days. No credit allowance will be given for interruptions of less than one (1) hour from the time the interruption is either reported or known to the Company. A pro-rated credit of one-thirtieth (1/30) of the applicable Monthly Recurring Charges will be awarded whenever a Service interruption lasts for a period between one (1) and twenty-four (24) hours. If Service is interrupted for a period of more than twenty-four (24) hours, credit will be given in an amount equal to one-thirtieth (1/30) of the applicable Monthly Recurring Charges for each twenty-four (24) hour period or fraction thereof that the Service remains interrupted. Credit allowances awarded shall not exceed the applicable Monthly Recurring Charges for Service during a monthly billing period. Only those Service components involved on the interrupted portion of the Service will be credited.

17.4 Particular Circumstances: For a Service failure that cannot be remedied by applying Sections 17.2 or 17.3, Customer will be given a credit based on the particular circumstances surrounding a failure. To receive credit for a Service failure, which under no circumstance will exceed an amount equal to the lesser of five hundred dollars ($500) or the actual damages suffered by Customer as the proximate result of the failure, Customer must notify the Company in writing and furnish information about the failure, including the particular problem experienced and the approximate time and length of the service failure. A Customer receiving credit under this subsection shall not be eligible to receive any other credit as a result of the Service failure.

17.5 Limitations on Credit Allowances: No credit allowances shall be made for Service interruptions:

1. Due to the negligence or willful misconduct of Customer or Customer’s agents or contractors, or for noncompliance with any provision of the Agreement, including applicable tariffs, by the Customer or any other entity providing services, facilities or equipment interconnected with Service;
2. Due to the negligence or willful misconduct of a third party;
3. Due to the failure or malfunction of non-Company provided equipment, systems or services;
4. During any period in which the Company is not given access to Service or Service components for the purpose of repairing and restoring Service;
5. During a period in which Customer continues to use the Service on an impaired basis;
6. During any period in which Customer has released Service to the Company either for maintenance or for the implementation of a Customer request to change Service;
7. Due to circumstances or causes beyond the control of the Company.

17.6 Use of Alternative Service Provided by Company: If Customer uses an alternative Service provided by the Company or another provider during a Service failure, Customer must pay all applicable charges for the alternative Service.

18.0 SPECIAL CONSTRUCTION 

Upon Customer’s request, Company may specially construct Communications Facilities under terms and conditions, including charges, consent by the parties. The Special Construction of Communications Facilities may be undertaken whenever:

1. Company facilities needed to provide the Service are not presently available;
2. Requested facilities differ from the type regularly used by Company to furnish the Service;
3. Requested facilities are in quantities greater than normally employed by Company;
4. Facilities are requested for availability on an expedited basis;
5. Requested facilities are temporary and will be used until permanent facilities are available; or
6. Requested facilities involve extraordinary costs not normally incurred by Company to furnish the Service.

19.0 NON-ROUTINE INSTALLATION/MAINTENANCE; FALSE CALLOUT/NTF CHARGES 

19.1 Non-routine Installation/Maintenance: Per Customer’s request, Company may install or maintain the Service outside the Company regular business hours. In such cases, charges will base on actual labor plus any other costs that incurred. If such installation or maintenance extends beyond the Company regular business hours, additional charges will apply. If hazardous conditions are presented where installation or maintenance is requested by Customer, and Company chooses to perform the installation or maintenance, additional charges will apply.

19.2 False Callout/No Trouble Found (NTF) Charges: Customer may be charged when a reported Service interruption results in the dispatch of a Company technician and: (a) the technician is denied the right to access the Customer’s premises; (b) no trouble is found by the technician; or (c) the cause of the interruption was not due to Company facilities, equipment or systems used to provide Service.

20.0 CUSTOMER’S USE OF TELEPHONE SUBSCRIBER INFORMATION 

20.1 Use of Telephone Subscriber Information: Subject to certain conditions, a Customer may use or sell telephone number and billing information for billing and collection, routing, screening and completion of the originating telephone subscriber’s call or transaction or to offer a product or services directly related to the products or services previously acquired by the originating telephone subscriber from the Customer.

20.2 Prohibition on Using or Selling Telephone Subscriber Information: The Customer may not use or sell a telephone number or billing information unless the Customer first notifies the originating telephone subscriber and obtains the affirmative consent of each subscriber for such use or sale. Additionally, the Customer may not disclose, except as permitted above, any information derived from the ANI, charge number service, or Toll Free Service for any purpose other than

1. Performing the services or transactions that are the subject of the originating telephone subscriber’s call;
2. Ensuring network performance security and the effectiveness of call delivery;
3. Compiling, using, and disclosing aggregate information; or
4. Complying with applicable laws or legal processes.

21.0 NETWORK NUMBERS/DOMAIN NAME POLICY 

21.1 Network Number and Domain Name Policy: If Customer acquires Service that utilizes Network Numbers or Domain Names, Customer will comply with Network Number and Domain Name policies established by the Company.

21.2 Use of Domain Names: Upon termination of Service, the usage by Customer of all Company Domain Names and TCP/IP Addresses that belong to Company will be ended. IP assignments are not guaranteed and may be modified by Company or the American Registry for Internet Numbers (ARIN). Company has sole discretion with respect to the Internet routing of Company provided IP addresses. Unless otherwise agreed in writing, Customer shall be responsible for maintaining its own Domain Name when purchasing Company Internet Services and for paying all charges associated with its Domain Name, including charges billed to Customer by third parties for Domain Name registration.

22.0 INFORMATION PROVIDER DATA 

For Customer serving as a Service Bureau, it must promptly furnish to the Company, and keep current on a continuing basis, the name, address, and Customer Service telephone number(s) of the Information Providers to whom it provides the service. When an Information Provider directly subscribes to Company Service, the Provider must promptly furnish to the Company, and keep current on a continuing basis, its name, address, and Customer Service Telephone number(s).

23.0 LINE SERVICE 

No provider of pay-per-call services subscribing to the Service shall use any automatic dialing device that delivers a recorded message to the called party, unless the device releases the called party’s telephone line promptly but in no event should longer than the current industry standards allowed.

24.0 ANSWER SUPERVISION/CALL ACCEPTANCE 

Customer must provide Answer Supervision when Service is connected to switching equipment or Customer-provided communications systems. The Customer’s equipment or systems must allow for the measurement of chargeable time beginning with the delivery of the Customer’s call to the switching equipment or to the equipment connected to the communications system and ending with the termination of the call by the calling party. If Customer’s communications system fails to promptly return to Company an idle (on-hook) state upon completion of the call, the Customer will be held responsible for all charges that result up until the time the Customer’s communication system signals the Company’s network that the call has been terminated or until such time as the Company’s own system terminates the call. If Customer or its communications system rejects, fails to answer, or fails to signal calls routed via the Company’s network, Customer shall be liable for any and all charges imposed on Company by third parties as a result of such Customer act or omission.

25.0 RESTRICTIONS ON PROVIDERS OF PAY-PER-CALL SERVICES 

Providers of pay-per-call services subscribing to Service, including 900 Service, must comply with all requirements of: (a) Title I and II of the Telephone Disclosure and Dispute Resolution Act (Pub. L. No. 102-556) (TDDRA); and (b) all requirements imposed by the regulations of the Federal Communications Commission and Federal Trade Commission pursuant to those Titles. The Company, following written notice to provider, shall terminate programs that utilize 900 Service if the programs are not in compliance with these requirements. The provider shall be afforded a period of not less than seven (7) days or more than fourteen (14) days to bring a program into compliance. Any programs not in compliance at the expiration of the specified period will be immediately terminated.

26.0 INTERCONNECTION WITH OTHER CARRIERS 

26.1 Interconnection with Other Carriers: Service may be connected with services or facilities of another carrier or carriers. Such interconnection may be made at a Company terminal or entrance site, at a terminal of another carrier, or at the premises of a Customer or an authorized user of the Customer’s Service. Interconnected Service furnished by the Company in no event will be deemed to be part of a joint undertaking with another carrier or carriers.

26.2 Special Interface Equipment: Unless otherwise agreed, any special interface equipment or facilities necessary to achieve compatibility between the Service and the interconnected facilities or services of another carrier will be provided at Customer expense. The Company may undertake to acquire the necessary special equipment or facilities as the agent for Customer.

26.3 Interconnection Terms and Conditions: Service may be connected with the facilities or services of another carrier under the terms and conditions of the other carrier’s tariffs or contracts applicable to such connections.

27.0 CUSTOMER PROPRIETARY NETWORK INFORMATION 

27.1 Customer Proprietary Network Information: To inform Customer of Company or affiliate products that may be of interest to Customer, the Company may wish to use information derived from its provision of Service to Customer, particularly information referred to as Customer Proprietary Network Information (“CPNI”) under Part 64, Subpart U, of the Commission’s Rules and Regulations, 47 CFR Sec. 64.2001 et seq. CPNI includes, among other things, the identity and quantity of Services to which Customer subscribes, information on how the Services are used, and billing information pertaining to the Services. Federal law restricts the use of CPNI for purposes other than providing the Service to which Customer subscribes, without Customer approval.

27.2 Customer Approval of CPNI Use by Company: Customer may signify approval or denial of the use of its CPNI by Company or an affiliate of the Company; by so indicating in a Letter of Agency, SOA, MSA or other document executed by Customer, or by updating its Customer information and election. A Customer’s approval will remain in effect until Customer notifies the Company its intention of no longer wants the Company to use its CPNI to market other products of the Company or its affiliate to Customer. To revoke its approval, Customer may contact Company at any time, at no cost to Customer, by dialing 1-888-889-5109 or other means as posted on Company Customer Support web page at http://www.GFtelecom.com/customer-support.html.

28.0 TERMINAL EQUIPMENT 

28.1 Customer Responsibility: Unless the parties otherwise agree, Terminal Equipment, such as teleprinters, handsets or data sets at the premises of the Customer and between such premises and the Company’s Service, shall be furnished and maintained at the expense of the Customer.

28.2 Required Characteristics of Terminal Equipment: The characteristics of Terminal Equipment at either end of a circuit or channel shall be such that its connection to the circuit or channel complies with the minimum protection criteria set forth below and does not interfere with Services furnished to other Customers. Additional protective equipment, when required, shall be provided and maintained at Customer’s expense.

28.3 Required Characteristics for Services using LEC Voice Grade Facilities: When Services using Local Exchange Carrier voice grade facilities are terminated in Customer-provided Terminal Equipment, channel derivation devices or communications systems, the Customer shall comply with the following minimum protective criteria:

1. When Services furnished under this Agreement are used in common with Local Exchange Carrier services, the power of the signal applied to Local Exchange Carrier lines must be limited in order to prevent excessive noise and crosstalk. Because a single-valued limit for all applications cannot be specified, the Company will, for each application, specify the power of the signal in the band above 300 Hertz, which may be applied by the Customer Terminal Equipment at the point of termination.
2. To protect Services from interference at frequencies that are above the band of service provided, the Company will specify the acceptable signal power in the following bands to be applied by the Customer Terminal Equipment or communications systems at the point of termination to ensure that the input to Local Exchange Carrier lines does not exceed the following limits:
3. i) the signal applied by the Customer Terminal Equipment to the interface at no time shall have energy solely in the 2450 Hertz to 2750 Hertz range. If the signal is in the 2450 to 2750 Hertz range, it must not exceed the power present at the same time in the 800 to 2450 Hertz band;
4. ii) the power in the band from 3995 Hertz to 4005 Hertz shall be at least 18 dB below the power of the signal as specified above for the 2450 Hertz to 2750 Hertz range;

iii) the power in the band from 4000 Hertz to 10,000 Hertz shall not exceed 16 dB below one milliwatt;

1. iv) the power in the band from 10,000 Hertz to 25,000 Hertz shall not exceed 24 dB below one milliwatt;
2. v) the power in the band from 25,000 Hertz to 40,000 Hertz shall not exceed 36 dB below one milliwatt; and
3. vi) the power in the band above 40,000 Hertz shall not exceed 50 dB below one milliwatt.

28.4 Customer Terminal Equipment in the spectrum 300 Hertz: Where Customer Terminal Equipment or communications systems apply signals having components in the spectrum 300 Hertz, excluding ringing signals, the currents and voltages (including all harmonics and spurious emission) at the interface shall not exceed the following limits:

1. the maximum root-means-square (RMS) value, including DC and AC components, of the current per conductor will not exceed .035 ampere;
2. the magnitude of the peak of the conductor or ground voltage shall not exceed 70 volts;
3. the conductor voltage shall be such that the conductor ground voltage limit in Section 28.4.2 preceding is not exceeded. If the signal source is not grounded, the voltage limit in Section 28.4.4 preceding applies to the conductor-to-conductor voltage; and
4. the total weighted RMS voltage within the band from 50 Hertz to 300 Hertz shall not exceed 100 volts. The total weight RMS is the square root of the sum of the products times the square of the RMS voltage of the individual frequency components.
5. The weighting factors are as indicated:

For Frequencies Between Weight Factor

50 Hertz and 100 Hertz f 2/104

100 Hertz and 300 Hertz f33/106.6

29.0 LOCAL NUMBER PORTABILITY 

29.1 Port-In of Telephone Numbers. Prior of placing any Service Orders with GF to facilitate Customer’s provisioning of communications service to its End Users or its Carrier Customer’s End Users (collectively referred to herein as, “End Users”), Customer shall obtain and have in its possession a Letter of Authorization (“LOA”) for each End User authorizing Customer and its Carrier Customer, including any designated agent, to act on the End User’s behalf for the purpose of ordering, changing and/or maintaining such End User’s communication services. For the purposes of local number portability performed by GF hereunder, GF is designated as Customer’s and its Carrier Customer’s agent to act on End User’s behalf. Customer or its Carrier Customer shall be responsible for obtaining an End User’s authorization (in accordance with state and federal law or regulation pertaining to such authorizations) prior to requesting a change in the End User’s provider of communications services. In requesting a change in the End User’s service provider (“Port-in Order” or “LNP”), Customer shall, upon request, provide a copy of the End User’s LOA directly to GF prior of placing the Port-in Order with GF. Consequently, GF shall have no obligation to provide Services related to the Port-in Order until provided such LOA. Furthermore, Customer shall be responsible for providing to GF all information needed to process a Port-In Order.

29.2 Authorization Dispute. Should an End User dispute or a discrepancy arise regarding the authority of Customer or its Carrier Customer to act on behalf of an End User, if Customer has not already done so, Customer is responsible for providing written evidence of such authority to GF within three (3) business days. If there is a conflict between the End User designation and Customer’s written evidence of authority, GF shall honor the designation of the End User and change the End User back to the previous service provider. If Customer does not provide the LOA within three (3) business days, or if the End User disputes the authority of the LOA, then Customer must, by the end of the third business day:

1. notify GF to change the End User back to the previous service provider;
2. provide to the previous service provider any End User information and billing records Customer or its Carrier Customer has obtained relating to the End User;
3. notify the End User and GF that the change has been made; and
4. remit to GF $100.00 “slamming charge” as compensation for the change back to the previous service provider.

29.3 Third Party Request for End-User Information. Upon receipt of a request by a third party carrier for Customer Proprietary Network Information (“CPNI”), including but not limited to Customer Service Records (“CSRs”), related to an End User telephone number, GF may, in its sole discretion: (i) instruct the third party carrier to contact Customer directly, or (ii) release any requested CPNI in its possession to the third party carrier. Upon receipt of a request from a third party carrier for CPNI, including, but not limited to, CSRs, Customer, in compliance with applicable laws, regulations and industry guidelines and standards, shall, within twenty-four (24) hours of its receipt of the request, provide the requesting third party carrier with: (i) all requested information in Customer’s possession, or (ii) a valid and complete explanation why Customer is unable or unwilling to provide the requested information. Customer shall provide GF with a copy of its response to the third party carrier at the same time it responds to the third party carrier.

29.4 Port-Out of Telephone Numbers. Upon receipt of a request from a third party carrier to port-out an End User telephone number, GF may do so without Customer consent if, in its sole discretion, it concludes porting out such telephone number is consistent with applicable laws, regulations, and industry guidelines and standards. In addition, Customer may be subject to a charge for each End User telephone number ported out within one (1) year of its being ported in by GF.

29.5 Indemnification Relating to Local Number Porting. Customer shall indemnify and hold harmless GF, its employees, officers, directors, subcontractors and agents from and against all liability, loss, cost, damage, expense or cause of action of any nature whatsoever arising out of Customer’s failure to fulfill its obligations under Sections 29.1–29.4.

30.0 ASSIGNMENT 

Customer may not sell, transfer or assign the Agreement, in whole or in part, without the prior written consent of the Company. Any such assignment without Company’s prior written consent shall be void. In the event the Agreement is assigned by Customer in accordance with the foregoing to any other party, whether by assignment, operation of law or otherwise, which party, prior to the assignment, has an agreement (the “Prior Agreement”) with the Company or any of its affiliates for the provision of Service, the Service being provided shall continue to be governed by this Agreement, and the other Service provided shall continue to be governed by the prior Agreement, each without reference to the other except that the Company may require a deposit or additional financial assurances as provided in the Agreement.

31.0 NOTICES 

Notice required of Customer under the Agreement shall be in writing and delivered by certified mail; return receipt requested, to GF Telecom, 624 S. Grand Ave. #2960, Los Angeles, CA, 90017 Attn: Senior Vice President and General Counsel, with copy to Legal Administration. A notice shall be effective on the date of its receipt by the Company.

32.0 INTERNATIONAL SERVICE 

Service provided to Customers in the United States will be governed by, and subject to, existing and future applicable terms and conditions established on GF website. Service between the United States and an international location, or Service between two international locations (“International Services”) shall be subject to the applicable terms and conditions, if any, for the countries, provinces or municipalities listed under the heading “International Services” set forth at www.GFtelecom.com/terms.html, (“International Service Terms”), which are hereby incorporated into and made a part of this Agreement. With respect to the furnishing and receipt of International Services, the applicable International Service Terms will supplement and supersede any contrary or inconsistent terms in these General Terms and Conditions, or elsewhere.

33.0 MISCELLANEOUS PROVISIONS 

33.1 Relationship Among the Company, Customer and Third Parties: The Agreement does not render the Company or the Customer, the agent or legal representative of the other, nor does it create a partnership or joint venture between the Company and the Customer. Neither the Company nor the Customer shall have any right or authority to bind the other in any manner whatsoever. The Agreement confers no rights or authority of any kind on third parties.

33.2 Severability: Any provision found unlawful by a court or regulator having jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement.

33.3 Choice of Law and Venue: Except as expressly provided otherwise in a SOA, or MSA, the Agreement is made pursuant to, and shall be construed and enforced in accordance with, the substantive law of the State of California, without reference to its principles of conflicts of laws, and Customer explicitly consents to the exclusive jurisdiction and venue of the State Courts in Los Angeles County, California.

33.4 Non-exclusive Dealing: The Agreement is non-exclusive. Nothing shall prevent Customer or Company from entering into similar arrangements with, or otherwise providing Services to, any other person or entity.

33.5 No Publicity: Customer may not issue a news release, public announcement, advertisement or other form of publicity concerning the existence of the Agreement or the Service provided without the prior written consent of the Company. Failure to comply with this obligation shall allow the Company to immediately terminate the Agreement, in addition to seeking any and all other remedies available in law or equity.

33.6 Survivability: The terms and conditions contained in the Agreement that, by their sense and context, are intended to survive the performances of the parties shall survive the completion of those performances and the Agreement’s termination. These include, without limitation, the making of payments due under the Agreement.

33.7 No Waiver: No waiver of any of the provisions of the Agreement shall be binding unless made in writing and signed by the waiving party. The failure of either party to insist on the strict enforcement of any provision of this Agreement shall not be deemed to constitute a waiver of the provision, and all terms and conditions shall remain in full force and effect.

33.8 Right of Offset: If Customer defaults on any payment obligation owed the Company under any agreement for more than thirty (30) days and Company has funds that are owed the defaulting Customer, Company, upon notification to the defaulting Customer, may offset that which it is owed by first applying such funds to the full balance due by the defaulting Customer. Any amount remaining following the offset shall be remitted to Customer in the normal course of business.

33.9 Complete Agreement: The Agreement, incorporating all the applicable documents referenced herein, represents the entire agreement between the parties with respect to Service, and supersedes all other prior agreements between the parties, whether written or oral. The Agreement may be modified only by writings executed by authorized representatives of the parties, Company changes made to referenced URL sites, Company changes to applicable tariffs, or as otherwise specifically provided for between the parties. In no event shall the Agreement or any component thereof be modified, amended or affected in any way by e-mail correspondence between or among the parties’ employees, agents or representatives.

Acceptable Use Policy

Giggle Fiber, LLC (“GF”) offers its customers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. GF also wants its customers to be informed of their rights and obligations — and those of GF — in connection with their use of any communications services offered by GF.

This Acceptable Use Policy (“AUP”) is used in conjunction with the terms of GF Service Order Agreement. Violation of any of these policies would grant GF the authority to take action to restrict or terminate your access to GF Services. We reserve the right, at our sole discretion, to update or revise from time to time this policy, any other policy or statement, and any product offerings or programs on GF website: www.GFtelecom.com. Please check back periodically to review any changes to this policy.

GF disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. GF does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall GF (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, data or profits, regardless of the form of action. Any failure by GF to enforce this policy in every instance in which it might have application does not amount to a waiver of GF’s rights. 

The fundamental fact about the Internet is that no one owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that GF cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because GF cannot monitor and censor the Internet, and will not attempt to do so, GF cannot accept any responsibility for injury to its customers (or any of their end users or accounts holders) that results from inaccurate, unsuitable, offensive, illegal or unlawful Internet communications.

When customers disseminate information through GF’s network, they also must keep in mind that GF does not review, edit, censor or take responsibility for any information its customers may create. This places on customers what will be, for most, an unfamiliar responsibility. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over GF facilities or the facilities of GF’s third-party providers or peering partners, and may reach a large number of people, customers’ postings through communication services offered by GF network may affect other network users and may harm GF’s goodwill, business reputation and operations and/or the goodwill, business reputation and operations of GF’s third-party providers or peering partners.

The bulleted actions described below are defined by GF as “system abuse” and are expressly prohibited under this AUP. The examples listed below are not exhaustive and are provided solely as guidance to the customer.

In general, customers may not use the GF network, this site, or GF Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site, the GF Network or GF Services or any other party’s use or enjoyment of this site, the GF Network or GF Services, is strictly prohibited.

Specifically, GF customers may not:

• Attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any GF Services or those of any other party
• Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system
• Forge any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting
• Falsify address information or otherwise modify e-mail headers to conceal the sender’s or the recipient’s identity
• Use this site or GF Services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider

Additionally, you may not, by use of any GF Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in GF’s sole discretion:

• Infringes the intellectual property rights of any entity or individual
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason
• Is posted in violation of a newsgroup charter
• Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer
• Has a negative effect on GF or its network (including, without limitation, overloading servers on the GF Network; causing portions of the GF Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of GF, impose an unreasonable administrative burden on the company, etc).
• Constitutes unsolicited duplicative e-mail (commercial or otherwise)
  • This prohibition extends to the sending of unsolicited and/or mass e-mailings from any GF account, or via another service which in any way (i) implicates the use of this site or GF Services, GF equipment or any GF e-mail address; (ii) that is relayed from any GF or third party’s mail servers without permission; iii) which employs techniques to hide or obscure the source of the e-mail; (iv) which are sent, or caused to be sent, to or through the GF Network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing may be deemed to be counterfeit.
  • A communication may be unsolicited if: (i) recipients’ email addresses were not obtained through a personal or customer relationship between recipient and sender, (ii) recipients did not affirmatively consent to receive communications from sender, or (iii) recipients have opted out of receiving communications from sender when given notice of the opportunity to do so.
  • Senders should: (i) confirm that the actual owner of each email address, particularly email that are part of a list, agreed to receive email and/or bulk email from the sender; (ii) include their email and/or physical address in any bulk mailings; and (iii) provide recipients with an effective means of removing their email from lists.

PLEASE NOTE: The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”) (P.L. 108-187) or Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.); the Virginia Computer Crimes Act (Va. Code Ann. § 18.2-152.2 et seq.) (amended effective July 1, 1999); the Washington Commercial Electronic Mail Act (Wash. Rev. Code Chapter 19.190 et seq.); and any other applicable statutes and regulations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. GF will not, as an ordinary practice, monitor the communications of customers to ensure that they comply with GF policy or applicable law. When GF becomes aware of harmful communications, or when it is notified or becomes aware of actual or potential violations of this AUP, GF may take any action to stop the harmful activity, including but not limited to: filtering; denying access to GF Services; suspending or terminating the Service access of customers; and/or taking any other actions as deemed appropriate by GF. GF shall have the sole discretion to determine which action is appropriate under the circumstances. GF may take action immediately without regard to any cure periods that may be set forth in the customer’s applicable Service Agreement. GF shall have the sole right to interpret the meaning of any provision of this AUP or whether a customer’s or any of its end-user’s or account holder’s activity violates this AUP.

Customers who violate this AUP may incur criminal or civil liability. GF may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with the civil or criminal investigations of violations.

GF also is aware that many of its customers are, themselves, providers of communications services, and that information reaching GF’s facilities from those customers may have been originated by end users, account holders or customers of those customers or other third parties. The provisions of this AUP (as such AUP may be revised by GF from time to time), apply to GF’s customer’s end users, account holders and customers. GF customers who provide services to their own users and customers must affirmatively and contractually pass on the restrictions of this AUP to its users and customers and take steps to ensure compliance by their users and customers with this AUP, including without limitation the ability to terminate the Internet access of its end users, account holders or customers for violations of this AUP. GF customers who provide services to their own users also must maintain valid postmaster and abuse email addresses for their domains, comply with all applicable Internet RFCs, maintain appropriate reverse DNS information for all hosts receiving connectivity through GF’s network for which DNS responsibility has been delegated to the customer, maintain accurate contact information with the appropriate domain and IP address registrars, take reasonable steps to prevent IP spoofing by their users and downstream customers, provide 24/7 contact information to GF for dealing with security and abuse issues and act promptly to ensure that users are in compliance with GF’s AUP. Reasonable steps include, but are not limited to, using IP verify unicast reverse path wherever appropriate and using IP address filtering wherever appropriate. Failure to cooperate with such corrective and preventive measures is a violation of GF policy. Notwithstanding anything herein to the contrary, a violation of this AUP by a customer, account holder or end-user of any GF customer shall be considered a violation of this AUP by such GF customer; and GF may take immediate action, without regard to any cure periods in the GF customer’s applicable Service Agreement, in response to such violation, including without limitation termination of the customer’s services under the Service Agreement.

GF also is concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, GF urges its customers to assume that all of their on-line communications are insecure.

GF cannot take any responsibility for the security of communications transmitted over GF’s facilities. GF will comply fully, however, with all applicable laws concerning the privacy of its customers’ on-line communications. In particular, GF will not intentionally monitor or disclose any private electronic mail messages sent or received by its customers unless required to do so by law. GF may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, GF may be required to disclose information transmitted through its facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, GF may disclose information transmitted over its facilities where necessary to protect GF and its customers from harm, or where such disclosure is necessary to the proper operation of the system.

Digital Millennium Copyright Act Policy – It is the policy of GF to respond expeditiously to claims of intellectual property infringement. GF will promptly process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium and Copyright Act

(“DMCA”) and other applicable intellectual property laws. Notices of claimed infringement should be directed via e-mails to the GF’s registered copyright agent at: support@gigglefiber.com.

To contact GF with any questions, or comments about the AUP or any claimed violations of this AUP, please email GF at support@gigglefiber.com.

Network Management Disclosures

Giggle Fiber works to provide consumers with easy-to-understand information about the services we provide, so you, the consumer, can make informed decisions about which services best meet their goals and objectives. With this in mind, we have designed the following pages to act as a single place where consumers and others can come to review the relevant information about our services.

The Federal Communications Commission (“FCC”) requires that Giggle Fiber, and other providers of broadband Internet access services, disclose certain information regarding those Internet services.

Network Management Practices

Congestion Management

Giggle Fiber manages its network with a single goal in mind: to deliver the best possible broadband Internet experience to all of its customers. To this end, Giggle Fiber uses reasonable network management practices that are consistent with industry standards. In order to ensure compliance with our Residential Services Terms & Conditions and our Acceptable Use Policy, Giggle Fiber uses various tools and techniques to manage its network, and deliver its service. These tools and techniques can and do change frequently.

Application-Specific Behavior

Giggle Fiber provides its customers with full access to all the lawful content, services, and applications that the Internet has to offer. Giggle Fiber does not block or rate-control specific protocols or protocol ports (except to prevent spam, malicious attacks, and identity theft), does not modify protocol fields in ways not prescribed by protocol standards and does not otherwise inhibit or favor certain applications or classes of applications. Giggle Fiber does not throttle, block, or prioritize (both for affiliates nor on a paid basis) traffic on its network.

Device Attachment Rules

Giggle Fiber only allows customers to use a DOCSIS cable modem, an EMTA, or an ONT provided by Giggle Fiber. We generally include these items in the cost of the service. The customer is allowed to attach or use their own WiFi router. How the performance of the network might be impacted by these different devices will be addressed in the Performance Characteristics section below.

Security

Giggle Fiber employs a number of practices to help prevent unwanted communications, such as spam, and protect the security of Giggle Fiber’s customers and network.

Performance Characteristics

Service Description

Giggle Fiber prides itself on providing state-of-the-art broadband services at the highest possible speeds. Giggle Fiber also provides a speed test page on our website, so you can test your connection for yourself.

Other Services on Our Network

Giggle Fiber currently provides cable services (potentially using both digital QAM and Internet Protocol (“IP”)-based technologies), voice services, powered by Vertex Telecom, and certain Metro-Ethernet enterprise business services (using IP-based technologies), to its customers over the same physical network used to deliver our broadband Internet access service to residential and small and medium business customers. Our IP cable and voice services, and our Metro-Ethernet enterprise business services, are not provided over the Internet but are provisioned with separate service capacity and delivered over separate service flows using Differentiated Service Code Point (“DSCP”) technology. Voice and Metro-Ethernet (but not video) services are marked for prioritization to ensure that calls (e.g., 911 calls) go through even in times of congestion. These traffic management protocols are designed to protect the integrity and reliability of the Internet service, which is delivered on a best-efforts basis.

Commercial Terms

Pricing and Other Fees

Giggle Fiber’s Internet service may be offered at promotional rates from time to time. Additional fees, such as for equipment rental, installation, and early termination, may apply. For information about current pricing and fees for Giggle Fiber’s various Internet tiers of service and all its services, please visit the Residential Services page of our website.

Data Usage Plans

Currently, Giggle Fiber does not offer any services that measure data usage. In addition, Giggle Fiber does not currently apply any “data caps,” usage thresholds, or any other form of usage-based billing.

Privacy Policies

The Customer Privacy Policy describes Giggle Fiber’s network management practices regarding the privacy and protection of customer information.

Redress Options

If you have any questions about these disclosures, cannot find what you are looking for, or have any other concerns about Internet service, please contact Giggle Fiber at support@gigglefiber.com. Giggle Fiber will review and promptly respond to all submissions.

Giggle Fiber Privacy Policy

Last Modified: June 11, 2018

INTRODUCTION

Giggle Fiber respects your privacy.  Our relationship with you is our most valuable asset. It is the foundation of our reputation.

This Privacy Policy describes the types of information we may collect from you when you visit the following websites: www.gigglefiber.com, all Giggle Fiber-owned websites and domains, and the websites and domains of our affiliates, or use our other products and services that include an authorized link to this Privacy Policy (collectively, the “Services”), how we use the information we collect, with whom we share it, how we protect it, and the choices we offer you regarding our collection and use of such information.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our website. By accessing or using this website, you agree to this Privacy Policy.

We use security measures intended to protect the information you transmit to us from unauthorized access, use, or disclosure. Whenever your personal information is sent from your browser to our server, it is encrypted using server certificate technology via Secure Socket Layer (SSL).

Information we collect

Giggle Fiber may collect personally identifiable information about you through this website.  The personal information we may collect about you may include, without limitation:

• Contact information, such as name, mailing address, email address, and phone number;
• Demographic information, such as age, date of birth, gender, job information, and postal code;
• Location information, such as street address, to determine if Giggle Fiber service is available at your location;
• Login information, such as username, password, and security questions and answers;
• Payment and financial details, such as payment card or bank account number, expiration date, authentication code, and billing address.

In some situations, such as when you order a product or service online or register for online billing, Giggle Fiber will collect billing information, such as your credit card number and billing address, and we may share this information with our third-party contractors (such as your credit card company solely for the purpose of processing the transaction you have requested). You may choose to provide individual information to Giggle Fiber in a number of ways through our websites such as by:

• Registering My Account;
• Ordering a product or service from us;
• Sending us email;
• Registering to receive news, public policy updates, or information about our products or services; or
• Applying for a job.

When you supply information to us about you for a specific purpose, Giggle Fiber uses the information for that purpose (such as to provide the information you have requested or to consider you for a particular job).  When you use our websites to order products or services, or to request information about them, we may use the information you provide as we would use the same information obtained offline – for example, to evaluate your service needs and contact you regarding additional services you may find useful.

Automatic Collection OF INFORMATION

When you use the Services, we may also collect certain information by automated means, such as through the use of:

• Cookies – A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. When you use our sites, we send information, a cookie, to your computer and it is stored there. When you return to our sites, your computer sends the cookie back to us. This allows our server to recognize your computer and any settings you created on our sites. It restores those settings so you don’t have to enter the same information every time you visit. For example, if you entered your credit card billing address on a visit to our site, when you return you will see information for that address without typing it in again. It also allows us to track non-personally identifiable information about how our websites are used and how to improve them.
• Web Beacons – A “web beacon,” also known as an Internet tag, pixel tag, or clear GIF, is used to transmit information about actions of the user opening the page or email containing the beacon back to a web server.
• Locally Stored Objects. Certain features of the Services may use local shared objects (or Flash cookies) to collect and store information about your preferences and how you interact with the Services.
• Third Party Analytics – Third-party analytics tools (such as Google Analytics) that collect information about use of the Services and user traffic.

The information we may collect by automated means may include, without limitation:

• Information about the devices you use to access the Services (such as the IP address and the type of the device, operating system, and web browser).
• Dates, times, and duration of use of the Services (including whether you are a repeat or first-time visitor).
• Information on actions taken when using the Services (such as page views and website navigation patterns).

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve and personalize our Services, including by enabling us to identify and authenticate users.

Your web browser may let you choose your preference as to whether you want to allow the collection of information about your online activities over time and across different websites or online services.  At this time, the Services may not respond to the preferences you may have set in your web browser regarding such collection of your information, and the Services may continue to collect information in the manner described in this Privacy Policy.

Some content or applications available through the Services, including advertisements, may be served by third parties.  These third parties may use cookies, web beacons, or other tracking technologies to collect information about you when you use the Services, such as your IP address, pages you visit, and when you view a page or open an email in which a tag is embedded.  They may use this information to provide you with interest-based (behavioral) advertising or other targeted content and for other purposes.  We do not control these third parties’ tracking technologies or how they may be used.  The information practices of these third parties are governed by their own privacy policies and are not covered by this Privacy Policy. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

HOW WE USE YOUR INFORMATION

We may use information we obtain about you to:

• Process orders you place and complete other transactions you have requested using the Services, and provide you with products and services you request.
• Maintain a record of your purchases and other transactions using the Services.
• Respond to your questions and comments and provide customer support.
• Send you information or materials you request.
• Operate, evaluate, and improve our business and the products and services we offer.
• Communicate with you about our products, services, offers, and promotions and third party products and services that may be of interest to you.
• Analyze and enhance our marketing communications and strategies, including by identifying when emails sent to you have been received and read.
• Analyze trends and statistics regarding use of the Services and transactions conducted using the Services.
• Protect against and prevent fraud, unauthorized transactions, claims, and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users.
• Enforce our terms of use and other agreements with you.
• Comply with applicable legal requirements and industry standards.

We may combine the information we collect with publicly available information and information we receive from our parent, affiliate, or subsidiary companies, business partners, and other third parties. We may use that combined information to enhance and personalize your experience with us, to communicate with you about products, services, and events that may be of interest to you, for promotional purposes, and for other purposes described in this Privacy Policy.

We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

DISCLOSURE OF INFORMATION

We may disclose aggregated information about our users (information that does not identify any individual user) without restriction.  We may disclose personal information about you:

• To contractors, service providers, affiliate and subsidiary companies, and other third parties we use to support our business and who are obligated to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Giggle Fiber, users of the Services, or others.
• With your consent.
• To enforce or apply our terms of use and other agreements with you.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

We also reserve the right to transfer your personal information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets.  Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your personal information in a manner that is consistent with our Privacy Policy.

Accessing and Updating your information

Users may access, correct, and update information they have provided to Giggle Fiber by visiting My Account.  You may send us an email at customerservice@gigglefiber.com to request access to, correct, or delete any personal information that you have provided to us.  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section § 1798.83 permits users of our Services who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  To make such a request, please send an email to customerservice@gigglefiber.com.

CHILDREN UNDER THE AGE OF 13

The Services are not directed to, and Giggle Fiber does not knowingly collect or solicit personal information from, children under the age of 13.  If we learn we have collected or received personal information from a child under the age of 13, we will delete that information.  If you believe we might have any information from or about a child under the age of 13, please contact us at customerservice@gigglefiber.com.

CHANGES TO OUR PRIVACY POLICY

Giggle Fiber reserves the right to update or change this Privacy Policy at any time.  If we make a material change to our Privacy Policy, we will provide notice to you (by email or posting on our website) that our privacy practices have changed and will provide a link to the new policy.  If we make a material change to how we use your personal information, we will provide you with an opportunity to opt out of such new or different use.  The date this Privacy Policy was last revised is at the top of this page. We encourage you to review this Privacy Policy periodically to check for any updates or changes.

DATA TRANSFERS

Giggle Fiber is based in the State of California in the United States.  When we obtain information about you, we may transfer, process, and store such information outside of the country in which you reside, including in the United States.  By using the Services, you consent to the transfer to and processing and storage of your information in countries outside of your country of residence, which may have different data protection laws than those in the country where you reside.

If you have any questions or concerns, please contact us by e-mail at  customerservice@gigglefiber.com or call us at 1-626-999-8888, 24 hours a day, 7 days a week.

Giggle WiFi App  Privacy Policy

Last Modified: June 11, 2024

What is covered by this Privacy Policy

 Giggle WiFi App is an application developed by Giggle Fiber, LLC. for use by subscribers of broadband service. Calix, Inc. is a processor of (or service provider for) its BSP’s subscriber personal information under applicable privacy and data protection laws. Giggle Fiber provider is the controller of (or business for) its subscriber personal information. In other words, Giggle Fiber determines how and why your information is processed. As such, subscribers should refer to Giggle Fiber’s privacy notice for details on how the Giggle Fiber processes subscriber personal information

Privacy Policy applies for any use of the App

This Privacy Policy applies to the App described in the Giggle WiFi App Mobile Application End User License Agreement (the “Agreement”). Please read privacy notice and this Privacy Policy carefully to understand how information collected by the App will be treated. If you do not agree with Giggle Fiber’s privacy notice and this Privacy Policy, you should not install, use, or access the App.

Children Under the Age of 16

The App is not intended for children under 16 years of age, and Giggle Fiber does not knowingly collect personal data of children under 16, without parental consent. If Giggle Fiber learns that personal data from a child under 16 has been obtained or received without verification of parental consent, Giggle Fiber will delete that information. If you believe Giggle Fiber might have any information from or about a child under 16, please notify Giggle Fiber by Contacting us at customerservice@gigglefiber.com or call us at (626) 999 8888t 

How Giggle Fiber Collects Your Information

Giggle Fiber collects, and processes information provided directly by you when you install the App and register for an account to use the App. Specifically, this information includes:
• Your name, email address, location, phone number.
• Browser information and session cookies related to your access and use of the App.
• Data insights Giggle Fiber attains based on correlation and analytics of your information collected in providing the App, which may be used in aggregated and dis-aggregated formats or to obtain trend analytics, to provide the App; and
• Use of the above-described collected information in aggregated and dis-aggregated formats to enhance our current App or to provide App features.

How Giggle Fiber Uses the Information

Giggle Fiber uses the information collected as described in this Privacy Policy, including personal information, to:
• Provide you with the App as described in the Agreement.
• Implement, improve and/or enhance the App, including to make future releases available to you.
• Carry out Giggle Fiber obligations as described or authorized in the Agreement and this Privacy Policy.
• Enforce Giggle Fiber rights arising from the Agreement between you and Giggle Fiber; and
• Fulfill any other purpose authorized by you and reasonably required for the App.

Giggle Fiber may also use the information collected as described in this Privacy Policy, to inform you about goods and services that may be of interest to you. 

Disclosure of Information

Giggle Fiber does not sell or otherwise distribute or disclose your information to third parties other than as described or authorized in the Agreement, including this Privacy Policy.

Giggle Fiber discloses the information to its subsidiaries, affiliates and certain third-party vendors and contractors that provide development, integration, web hosting and consulting services to Giggle Fiber to provide you with the App, to maintain, support, develop, improve and/or enhance the App and to fulfill Giggle Fiber obligations associated with the App.

Giggle Fiber may be required to disclose information under certain circumstances:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• To enforce Giggle Fiber’s rights arising from the Agreement entered into between you and Giggle Fiber;
• If Giggle Fiber believes disclosure is necessary or appropriate to protect the rights, property, or safety of Giggle Fiber, its customers or other third parties; or
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Giggle Fiber’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which your information and/or your subscriber information held by Giggle Fiber are among the assets transferred.

Your Choices About Our Collection, Use, and Disclosure of Information

The provision of the information described in this Privacy Policy is necessary for you to use the App.

Your information is retained and used as described in this Privacy Policy. If you delete your account for the App in accordance with the terms of the Agreement, your information will be deleted within 30 days of the deletion of such account or within such other timeline as may be mandated by applicable law. You will no longer be able to access the App when your account is deleted.

Managing your Personal Information – Giggle WiFi Account Information

Accessing and Correcting Information
You can (a) access and review your contact information, and (b) correct your contact information, by logging into the App and visiting the settings page. To access, review or correct any other information, please reach out to your customerservice@gigglefiber.com, or call us at (626) 999 8888.

Deleting Information
You can delete your App account information by logging into the App, visiting the settings page and editing your Account and Admins page.

Data Security

All information you provide to us is stored on our secure servers behind firewalls. Giggle Fiber utilizes mechanisms such as intrusion detection systems, intrusion prevention systems, firewalls and encryption to secure information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Giggle Fiber deploys Intrusion Detection Systems (IDS) and Intrusion Prevention Systems (IPS) to alert and proactively contain potential threats. Enhanced security visibility and coverage is enabled through added layers of firewall and IDS beyond the network perimeter. Management connections to servers are always authenticated and encrypted via Secure Shell (SSH) when administration access is required for troubleshooting, patch management, and upgrades.

Giggle Fiber runs automated vulnerability scanning on all perimeter systems to identify potential security risks. Scanning applications are regularly updated to remain current and up to date on important security vulnerabilities. Patches are applied to all relevant systems unless a compensating control is implemented.

Giggle Fiber uses a variety of industry-standard security technologies and best practices to help protect information from unauthorized access, use, or disclosure. All data stored on the Giggle Fiber systems is encrypted following industry standards using the strongest keys and ciphers. All communications with the App are protected with industry standard security protocols.

You control access to your account. You must keep your login credentials and passwords secure and protected and maintained as confidential. Calix is not responsible for any circumvention of any privacy settings or security measures provided.

If you have questions, please contact us at customerservice@gigglefiber.com, or call us at (626) 999 8888.