General Terms & Conditions
1. Affordable Connectivity Program (ACP)
a) The ACP is a government benefit program operated by the Federal Communications Commission (FCC) that provides discounts on monthly broadband Internet access service and certain connected devices. The ACP provides discounts of up to $30 per eligible household on monthly broadband Internet access service (or up to $75 per eligible household on Tribal lands) and up to $100 on certain connected devices (with a required co-pay of between $10 and $50). The ACP monthly service and device discounts cannot be transferred to another household or individual. An eligible household is limited to one monthly service discount and a single, one-time device discount. ACP benefits may be obtained from any participating provider of your choosing and your monthly service benefit may be transferred to another provider at any time. ACP services and devices are subject to consumer eligibility, provider participation, product availability, and approval by the FCC/Universal Service Administrative Company (USAC). The ACP was launched on December 31, 2021, and replaces the Emergency Broadband Benefit (EBB) program. Subscribers enrolled in the EBB as of December 31, 2021 may keep their EBB benefit for 60 days and must transition to the ACP on March 1, 2022, if eligible.
b) By subscribing to Company’s ACP supported services, you authorize Company and its contracted partners to collect, use, share and retain your personal information, including, but not limited to, information required for the purpose of establishing eligibility for and enrolling in the ACP, for the purpose of applying for, determining eligibility, enrolling in and seeking reimbursement of ACP service and device benefits. Personal information includes, but is not limited to, full name, full residential address, date of birth, last four digits of social security number, telephone number, eligibility criteria and status, the date on which the ACP service discount was initiated and terminated, ACP connected device distribution date/type/make and model/status, usage status and other compliance requirements, the amount of support being sought for the service and/or device, and information necessary to establish identity and verifiable address. This includes sharing the information with USAC to ensure proper administration of the ACP service and/or connected device benefits. Failure to provide consent will result in your being denied the ACP service and/or the connected device benefits.
c) You agree that any state, local, Tribal government, school, or school district may share information about your receipt of benefits that would establish eligibility for the ACP and that such information will be used only to determine ACP eligibility.
d) Company and its contracted partners may contact you to validate your eligibility for or desire to participate in Company’s ACP offers and other products and services via email, telephone, or text messaging. Text messaging and data rates may apply. Consent for such calls and texts is optional and can be revoked at any time.
e) A household is eligible to receive an ACP discount if a member of the household meets one of the criteria below:
i. Has an income that is at or below 200% of the Federal Poverty Guidelines for a household of that size;
ii. Receives benefits from certain federal assistance programs: Medicaid, Supplemental Nutrition Assistance Program (SNAP), Supplemental Security Income, Federal Public Housing Assistance, Veterans and Survivors Pension Benefit, Special Supplemental Nutritional Program for Woman, Infants and Children (WIC) Program, or Lifeline;
iii. Is approved to receive benefits under the free and reduced-price school lunch program or the school breakfast program;
iv. Received a Federal Pell Grant during the current award year; or
v. Meets the eligibility criteria for a participating provider’s qualifying low-income program.
Households on Tribal lands are additionally eligible to receive an ACP discount if a member of the household meets one of the criteria below:
i. Receives Bureau of Indian Affairs General Assistance;
ii. Participates in Head Start (only households meeting the income qualifying standard);
iii. Receives Tribal Temporary Assistance for Needy Families (Tribal TANF); or
iv. Participates in the Food Distribution Program on Indian Reservations.
v. ACP eligibility will be determined for the FCC by the USAC’s National Verifier and National Lifeline Accountability Database, or an alternative verification process approved by the FCC.
2. Account Activity Requirement
To continue receiving your ACP service with Company, you must make or answer a voice call or send a text message (if your device is capable), use data, purchase minutes, or respond to direct contact from Company at least once during any 30-day period.
3. Customer Responsibilities
a) Customer agrees that Customer is purchasing the products and services for Customer’s internal use only. Customer understands that it is barred and shall not resell, transfer or make any changes to the products or services without advance written permission of Company. Customer may not attempt any technological measures to utilize or control access to the service.
b) Customer shall be responsible for any damages caused by Customer, its employees or agents to any products or services, or to Company’s network, including, but not limited to the conduit or fiber cabling of Company or its subsidiaries. Customer agrees to immediately notify Company of any modifications, installations or services performed on the network by any non-Company employee or non-Company affiliated entity.
c) Customer agrees to provide Company or its agents with the appropriate personnel for assistance or decision-making as required by Company or its agents to perform tasks or provide services, hardware or software as outlined herein.
d) Customer shall provide adequate work space, heat, light, ventilation, electric current and outlets, internet, remote access or other necessary tools as required by Company or its agents to install, provide or maintain services, software, or hardware.
e) Customer grants Company and its representatives, subcontractors, agents and employees a nonexclusive license to enter necessary portions of Property under Customer’s control (subject to the terms of applicable leases and other covenants, conditions, restrictions, and existing and future encumbrances of record validly affecting title to the Property) for the purpose of installing, operating, maintaining, repairing and removing facilities of Company or its agents.
f) Customer grants Company and its agents an exclusive license to install, attach, and maintain all necessary facilities to perform the services, hardware, and software.
g) Customer further represents that it is empowered and authorized to fulfill the foregoing responsibilities, particularly the grant of the license to access the Property and to install, attach and maintain facilities.
4. Service Limitations
In addition to other limitations and conditions set forth in this Agreement, the following service and support limitations apply:
a) Cost of consumables, replacement parts, hardware, software, network upgrades and associated services are outside the scope of this agreement. Company or its affiliates or agents will provide consultative specification, sourcing guidance and/or time and material based or individual project offerings upon request and agreement by Company to provide same.
b) Except as otherwise stated in a written agreement, all service, software, and hardware upgrades are outside the scope of this agreement and will require a mutually agreed amendment.
c) Manufacturer warranties for services, software, and hardware are outside the scope of this agreement.
d) Periodic reboots for such devices as firewalls, routers, and servers are required to apply/activate critical update patches and configuration changes. Company support services within this agreement are predicated upon the Customer’s support and commitment to providing time/scheduling for network device reboots with Customer and its users.
e) Application software support is limited to any manufacturer’s products listed in the agreement.
f) Restoration of lost data caused by systems/hardware failure is outside the scope of this agreement, unless otherwise stated herein. Company bears no responsibility for data loss resulting from ordinary or emergency maintenance of its services, software, or hardware.
g) This agreement is contingent on Customer’s permission for Company or its agents to have secure remote access into Customer’s network (or other solution expressly approved by Company or its agents). Depending on the remote access solution used, additional charges may apply.
h) Support services required or requested outside the scope of this agreement may not be exchanged for other services within this agreement. Services outside the scope of this agreement may be available, and will be provided on either a time-and-material basis, or individual project basis.
5. Use of Services
a) Customer represents that all users will use the services, software, and hardware in a manner consistent with all applicable laws. Any action or deviation from applicable law, or in Company’s determination compromises or threatens the security of Company’s business, its vendors, its other customers or the services, software, and hardware, whether directly or indirectly, is strictly prohibited and permits Company to suspend or terminate the services without prior notice, at the sole discretion of Company. Furthermore, any direct or indirect violation of applicable laws and in the sole discretion of Company, based upon knowledge, information and belief, may cause Company to withhold and not accept any messages or content that Company reasonably believes contains inappropriate content or that is, or which could reasonably become the subject of any legal, regulatory, or other governmental proceeding or process, including a law enforcement proceeding, process or inquiry.
b) Company’s services, software, and hardware are designed for normal commercial or residential use and are not intended for usage by organizations such as call centers, fax messaging services, telemarketing firms, resellers, or for use without live dialog, such as use by transcription services, intercom or monitoring services, etc. Unauthorized or excessive use beyond that normally experienced by typical, similarly situated business and residential customers may cause network capacity and congestion issues and interfere with distribution of network services and the third-party networks (if applicable) with which Company connects for call initiation and completion services. Such unauthorized or excessive use or any other use of the services, software, and hardware, beyond that of the typical business or residential customer or any action which causes a disruption in the network integrity of Company, or its vendors, whether directly or indirectly, is strictly prohibited and may be cause for termination of services. The following are examples, and not a comprehensive list of, impermissible uses which are not normal use:
i. Resale to others;
ii. Auto-dialing or fax/voice blasts;
iii. Without live dialog, including use as a monitor or for transcription purposes;
iv. Continuous or extensive call forwarding;
v. Continuous connectivity;
vi. Constant dialing;
vii. Iterative dialing;
viii. Fax broadcast;
ix. Fax blasting;
x. Telemarketing practices that are in violation of any law or regulation; and
xi. Any other activity that would be inconsistent with small business or residential usage.
Customer may not use Company’s services, software or hardware in any way that is illegal, improper or inappropriate such as uses which are threatening, abusive, harassing, defamatory, libelous, deceptive, of invasive of another’s privacy. Customer will not use Company Equipment at any time at an address other than the locations specified in Agreements between Customer and Company without Company’s prior written authorization. Customer acknowledges that this Agreement is accepted on behalf of all persons who use the Equipment and/or Service(s) and that Customer shall have sole responsibility for ensuring that all users understand and comply with the terms and conditions of this Agreement and any applicable Company policies including, but not limited to, acceptable use and privacy policies. Customer further acknowledges and agrees that Customer shall be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the Service(s).
This Confidentiality portion of this Agreement is in addition to other terms and conditions set forth in any and all contracts currently existing or hereafter created between Customer and Company. This agreement shall under no circumstances be deemed to alter any such contract except as specifically provided below.
a) Both parties acknowledge that in the course of providing services, software, and hardware, they each may learn from the other certain non-public and otherwise confidential information. Both parties shall regard any and all information received, which in any way relates or pertains to personal or business information, including information concerning customers, consumers or employees, as confidential. Both parties agree that such confidential information remains the property of the originating party.
b) Both parties shall take commercially reasonable steps to not disclose, reveal, copy, sell, transfer, assign, or distribute any part or parts of such information in any form, to any person or entity, or permit any of its employees, agents, or representatives to do so for any purpose other than purposes which serve this Agreement or as expressly and specifically permitted in writing by the other party or as required by applicable law.
c) This provision shall survive termination of this Agreement and any other agreements between Customer and Company.
INDEMNIFICATION AND LIABILITY OF CUSTOMER YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND BUSINESS PARTNERS AND SHALL REIMBURSE COMPANIES FOR ANY DAMAGES, LOSSES OR EXPENSES, PENALTIES, GOVERNMENT FORFEITURES, GOVERNMENT FINES OF ANY KIND INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS, INTEREST, PENALTIES, EXPERT WITNESS FEES AND EXPENSES, AND ALL COSTS OF INVESTIGATION WHICH MAY BE IMPOSED ON, INCURRED BY, OR ASSERTED BY A THIRD PARTY IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS, AND CAUSES OF ACTION ARISING OUT OF (a) YOUR USE OF THE SERVICE(S) OR EQUIPMENT; (b) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE(S) OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; (c) ANY CLAIMS OR DAMAGES ARISING OUT OF THE LACK OF 911/E911 OR DIALING ASSOCIATED WITH A HOME SECURITY, HOME DETENTION, OR MEDICAL MONITORING SYSTEM; (d) OR IN CONNECTION WITH, THE TRANSMISSION BY OR THROUGH THE INTERNET ACCESS SERVICES OF ANY CONTENT, INCLUDING ANY BREACH OF USER’S SECURITY ON THE INTERNET ACCESS SERVICES, OTHER THAN THOSE CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY, OR ITS EMPLOYEES; AND (e) YOUR BREACH OF ANY PROVISION OF YOUR AGREEMENT WITH COMPANIES.
8. Governing Law, Jurisdiction, and Venue
This Agreement shall be governed by and construed under the laws of the state of Texas, without regard to conflict of laws principles. All suits, proceedings and other actions relating to, arising out of or in connection with this Agreement, whether founded in contract or tort, shall be submitted to the in personam jurisdiction of the courts of the state of Illinois and the exclusive venue for all such suits, proceedings and other actions shall be in Dallas County, Texas. Each party hereby waives any claim against or objection to in personam jurisdiction and venue of such courts. Either party shall have the right to seek specific performance of the provisions of this Agreement without the requirement to post a bond or other monetary obligation.
9. Attorneys’ Fees:
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, expert witness fees, costs of suit and expenses in additional to any other relief to which such prevailing party may be entitled.
If any provision of this Agreement should be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, and the balance of this Agreement shall be interpreted as if such provision were so excluded.
11. Force Majeure.
If either party’s performance of any of its obligations under this Agreement is interfered with by any reason or any circumstances beyond its control, including, without limitation, fire, explosion, power failure or power surge, acts of God, war, revolution, civil commotion, or requirement of any government or legal body or any representative of any such government or legal body, non-performance of any obligation of a third party contractor, labor unrest, including without limitation, strikes, slowdowns, picketing, boycotts, failures of bandwidth providers, or failures of video programming providers, then that party shall be fully excused from performance on a day-by-day basis to the extent of such interference, and that party shall have no liability nor be in default for any interruption in service.
The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right.
This Agreement may not be assigned by you without the prior written consent of Company. Company may assign this Agreement without your consent, and without notification.
14. Technical and Administrative Support
During the term of this Agreement Company shall provide technical and administrative support via telephone to Customer during the hours indicated at www.digitalaid.org. Company reserves the right to adjust and/ or reduce these hours at its sole discretion at any time without prior notice to Customer. The technical support provided by Company applies strictly and specifically to the products and services provided by Company (i.e., the Internet Access Services). Company is not responsible for the functionality of the Customer’s equipment or devices or the infrastructure of any Property where services are provided, including, but not limited to, wiring, wall plates, and patch panels that were installed and/or maintained by Customers or a third party, including the owner of the Property, and will not provide technical support related solely to Customer’s equipment or devices. Furthermore, Customer agrees to treat Company support personnel with normal courtesy and respect in all interactions and acknowledges that repeated episodes (i.e., more than one) of disrespectful, abusive, argumentative, disruptive or similar behaviors directed towards Company support personnel, in the sole discretion and judgment of Company, will result in the termination of support services to Customer. Under these circumstances, if Company restricts or terminates support services to Customer, Customer acknowledges and agrees that no credits, refunds, or discounts will be provided to Customer as a result of these actions and all other Terms and Conditions of this Agreement remain in full force and effect.
15. Representations and Warranties of Customer:
Customer represents, warrants and agrees that:
a) Customer has full power and authority to enter into this Agreement and to meet the terms and conditions of this Agreement, to grant the licenses provided in this agreement, and the person signing this Agreement on behalf of Customer is authorized to bind Customer.
b) Customer is under no obligation, contractual or otherwise, to grant, and has not granted, to any third party the right to provide the Services at the Property or any other rights that would prevent Customer from performing its obligations under this Agreement.
Pursuant to the Communications Assistance for Law Enforcement Act (CALEA) (47 U.S.C. §§1001-1010) Company will provide assistance to all local, state and/or federal authorities who provide the company with a Summons and Court Order or a Subpoena. All requests are evaluated and reviewed on a case by case basis in light of any special procedural or legal requirements and applicable laws. For example, lawful demands involving child exploitation, Company will prioritize those demands and make the information available to the National Center for Missing and Exploited Children as required by 18 U.S.C. § 2258A.
17. Protection of Company’s Information and Marks
All Service(s) information, documents, and materials on our websites are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “marks”) of Company and its affiliates are and shall remain the exclusive property of Company. Nothing in this Agreement shall grant you the right or license to use any of the marks. Company performs an annual review of its copyright policy and updates are regularly distributed to management and those designated individuals responsible for compliance and reporting. All complaints are routed to the designated agent for review and, if necessary, Company has several outside legal experts consisting of practicing attorneys specializing in patent, trademark and copyright law for consultation purposes.
18. Export Laws
You expressly agree to comply with all applicable export and re-export laws, including, but not limited to, the Export Administration Act, the Arms Export Control Act, and their implementing regulations. You further expressly agree not to use the Service(s) in any way that violates any provision of such laws or their implementing regulations.
19. Retention of Rights
Nothing contained in this Agreement shall be construed to limit Company’s rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, Company and its suppliers reserve the right to delete all your data, files, electronic messages or other Customer information that is stored on Company’s or its suppliers’ servers or systems. In addition, Customer may forfeit its account user name and all email, IP and Web space addresses, and voice mail.