PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
You (the “Customer“), acknowledge receipt of this document, which describes our high speed wireless data communications services to you at the address specified below, the terms and conditions of the service (“Service“) and the wireless access device(s) and any other Equipment that we may provide to you. This Agreement governs the entire relationship between Fibercreek Networks, LLC (“Fibercreek“) and the Customer, both of whom agree to the following:
Service Provider, under the terms of this agreement, will furnish to Subscriber the selected package of Wireless Internet Access Service agreed upon at time of installation. Packages provided by Fibercreek are based on estimated maximum speeds. Customer should expect variations due to network conditions and other environmental factors. Fibercreek does not guarantee uninterrupted service and is not responsible for disruption of service due to power outages, network faults or environmental events. All service is provided on an “as is” and “as available” basis. The Customer acknowledges and agrees that the service is not intended to be, and will not be used as, your primary or “life-line” telecommunications service.
Installation The Customer authorizes Fibercreek to install required equipment, wiring and associated hardware on their premises and perform work related to making the equipment operational such as mounting antenna equipment to a building, drilling egress holes to route cabling in a direct manner to provide service to an establishment. Unusual or excessive installation tasks as determined by the installer such as placing an antenna tower, fishing wire through a crawlspace or attic, or other time-consuming or costly activities are not included in the installation.
As needed, Fibercreek may require Customer to prepare their property for installation. For example, the removal of foliage to obtain a Line of Sight with the Fibercreek towers. Fibercreek will make effort to adjust or align equipment that experiences an obstruction performance issue, but cannot guarantee service or be liable for loss of service by obstruction.
Customer agrees that unless otherwise agreed to, all equipment provided by Fibercreek to the Customer, or placed on Customer property is still owned by and belongs to Fibercreek and is only leased to the customer for the purposes of providing Service while applicable Service is active. After termination of Service all property will be returned to Fibercreek within 30 days notice provided by Fibercreek to Customer, otherwise Customer will be responsible for a $500 equipment replenishment fee.
Acceptable Use Customer agrees to adhere to the policies in this document which are intended to provide protection for our customers and allow fair sharing of the network to all users. Fibercreek may, at its discretion, immediately terminate or reduce service to the Customer upon any event deemed as a disruption to the fair use of the Fibercreek network. These events include:
- Failure to pay fee for Service
- Interfering with Fibercreek network
- Disruption of Service to another Customer
- Using Fibercreek network for an illegal activity
- Sharing service or extending the Fibercreek network
- Modification, destruction or unauthorized access to Customer Premises Equipment (“CPE”)
- Failure to allow Fibercreek reasonable access to property to maintain equipment
- Excessive use leading to disruption of service to another Customer
Indemnification Customer agrees to indemnify and hold harmless Fibercreek, its owners and affiliates against all losses, liabilities, judgements, awards and costs (including leagal fees and expenses) arising out of or relating to any claims or losses resulting from the installation of Service or equipment in connection with the performance of this agreement. Customer further agrees that Fibercreek is not responsible for maintaining or supporting any equipment owned by the Customer, and is not liable for any damages to the customers connected equipment or property.
Network Management The Fibercreek Network operates under an equal access policy whereby there are no restrictions placed on individual Customers other than bandwidth limits identified in the subscription package chosen. Fibercreek will never throttle legal content based protocol, application or use case other than on a Network wide (All Users) policy in order to manage Congestion, Security or Network performance.
Fees The following fees may apply for incidents that may occur outside of normal service billing:
- Installation Fee
- Late Fee
- Invalid payment Fee (ie, Bounced Check or Credit Card Charge-back)
- Collection Fee
- Equipment Replacement or Relocation Fee
- Fees occurred from failure to follow Acceptable Use policy “defined above”
- Other custom charges for services negotiated with Customer ahead of time