Introduction - This Terms of Service Agreement (“Agreement”) is made between Community Fiber Networks, LLC, 2550 NE Park Ave., Issaquah, WA 98029 dba Highlands Fiber Network ("HFN") and You, the customer, and governs your use of the HFN Internet access service and related features including HFNVoice ("Services"). By clicking on "ACCEPTED" or by establishing an account or using the Services, You agree to be bound by this Agreement and to use the Services in compliance with this Agreement and the HFN Acceptable Use Policy for Internet Services ("AUP") attached as Attachment A. If You do not agree to all the terms and conditions of this Agreement and the AUP, including any future revisions of either this Agreement or the AUP, do not register or use the Services and if You are a current subscriber, You must terminate your use of the Services. Nothing in this Agreement shall release You from your obligations under the Highlands Covenant for Community.
HFN reserves the right to modify this Agreement, its policies and the AUP in its discretion at any time. Please check periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes. HFN's authority and responsibilities under this Agreement may be delegated by HFN to third parties who manage its network and/or provide internet access services to HFN.
Term—This Agreement applies to You for as long as You remain a subscriber to any of the Services ("Term"). You may terminate this Agreement and your use of the Services at any time and for any reason by providing notice to HFN per section 13 below. Without prior notice, HFN may terminate this Agreement, your password, your account, and/or your use of the Services, for any reason, including, without limitation, if You fail to pay any charges when due or, if HFN, in its sole discretion, believes You or someone using your account has violated this Agreement or the AUP. The effective date for upgraded Services shall be when the selected Service is made available to You at the internet gateway box in your home.
Payment and Billing - The rates and charges for the Services shall be as set forth in accordance with HFN's rate schedule as in effect from time to time, a copy of which is available on the HFN website www.highlandsfibernetwork.com. Rates and charges are subject to change by HFN from time-to-time by notice to You provided with the Services or otherwise. Additional billing policies are set out in Attachment B to this Agreement.
Any applicable sales, use, excise, or other taxes, fees or regulatory costs, or charges imposed on You or HFN as a result of providing the Services will be added to the charges for the Service as permitted or required by law. You will be invoiced monthly for usage of the Services and for any other services utilized by You or other users of your account, which are billed for by HFN in connection with the Services. You agree to pay all applicable rates and charges for the Services, including, without limitations, any applicable fees and taxes, by the due date set forth in your billing statement, and to pay any interest or late fees incurred for late payment. Delinquent accounts may be suspended or cancelled at HFN's sole discretion; however, charges will continue to accrue until the account is cancelled. HFN may bill an additional charge to reinstate a suspended account.
You acknowledge that using the local number dial-up service while traveling in major cities North America will subject You to additional charges of $.50 per hour. Additional charges of $2.50 per month will be incurred for additional email accounts in excess of the number permitted by the Service selected by the You, and there is a charge of $5 per month for fixed or static IP addresses.
Service Credits - In the event of certain Service interruptions, HFN's third party internet service provider and billing agent ("ISP") will issue You a credit in accordance with Attachment C to this Agreement. Attachment C is the full policy on service credits. This is the sole remedy available to You for Service disputes. You must give notice per section 13 below of any such Service interruption or claim for service credits within 30 days of the event related to the claim.
Your Tech Support – Contact HFN's technical support and customer support at 425-427-0999 ext. 1 or email@example.com or by fax at 425-881-9525 if You need tech support for a particular problem or to report an emergency.
Storage Space and Other Limitations - Using a personal account for commercial, high volume, or any excessive use is prohibited. If your use impacts HFN's ability to provide Services or network resources, your use of the Services may be terminated or limited immediately and without any notice to You. Your mailbox storage space is limited and such limits are listed on the applicable page of the HFN website www.highlandsfibernetwork.com. When a mailbox reaches the limit, You will not be able to receive e-mail. The size of outgoing and incoming e-mail is limited and such limits are listed on the applicable page of the HFN website. E-mail that exceeds the limits will not be delivered, and You will receive a notice that the e-mail was too large. The resale of Services is strictly prohibited. Any activity that causes a disruption in the network integrity of HFN or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: IRC servers, adult-content servers and bots. HFN reserves the right to modify or terminate Services at its sole discretion.
Monitoring the Services - HFN has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if HFN, in its sole discretion, determines that it is reasonable to do so, including, without limitation, to:
You have the responsibility to monitor your accounts for access to newsgroups and websites that may contain improper material. You will notify HFN of the continual receipt of e-mail that You view as illegal or that is unsolicited. You must not design or provide systems used for the collection of information about others without their explicit knowledge and consent.
HFN reserves the right to monitor and maintain the security of the network. This includes removing illegal content from your mailbox on our mail server. This also includes suspending your account when we find that your connection is the root of spam related e-mails and or any viruses. Use of any hacking related software or the use of packet sniffing software is expressly forbidden by any resident. Detection of these kinds of software will result in an immediate suspension of the account without a refund. We also reserve the right to determine that the offending activity has been stopped prior to the account being reactivated. We will routinely monitor the network for any such harmful or illegal activity.
Personal Web Page. If You use the personal website feature of the Services, this Section also applies to your use of the Services. You acknowledge and agree that:
Equipment – You must use HFN approved equipment. Non-HFN approved equipment will be handled on an individual basis as specified by HFN. HFN is not responsible for troubleshooting, diagnosing or repairing customer provided/managed equipment. If You cause damage to HFN equipment or facilities due to negligence or abuse, you will be responsible for the costs of replacement of said equipment or facilities on a time and materials basis. If your property is in Phase 1 of the Highlands and you have rental equipment from HFN or its Service Partners, at the end of your Term of service you must promptly return the rental equipment to HFN in good condition or you will be charged the fair market value for such equipment not returned.
Internet Network Security - You acknowledge that the Internet is not a secure network. Confidential or sensitive information should not be transmitted over the Internet. HFN is not responsible for loss or theft of information transmitted over the Internet. The ISP powering the HFN network endeavors to catch all email-sourced viruses, but it cannot guarantee detection and removal of all viruses. Circumstances where viruses can get through the virus scanning systems include, but are not limited to, new viruses where software manufacturers have not yet issued signatures, as well as all situations of encrypted or compressed emails, which by their nature may not be scanned. HFN recommends that You have anti-virus software installed on your computer for the purpose of detection, scanning and removal of any new or pre-existing system viruses on your hard drive.
Service Usage Restrictions - The Service may not be used in violation of any generally accepted Internet or community standards or any laws or regulations of applicable governmental units. Actions such as misuse of copyrighted materials, use of the Service for defamatory, threatening or obscene purposes, and the mass distribution of unsolicited message to users of the Internet are prohibited. You agree to not violate the acceptable use policy ("AUP") attached hereto as Attachment A. Any such violations are grounds for termination of the Service and the collection of applicable damages suffered by HFN or its Service partners. HFN reserves the right to amend the AUP and any such modification shall be effective when posted on this website.
Among other things, the AUP prohibits sending unsolicited e-mail messages, including bulk commercial advertising or informational announcements ("Spam"), and HFN will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam. You agree to pay HFN's actual damages in any way arising from, or related to, any Spam transmitted by, or in any way connected to, You, to the extent such actual damages can be reasonably calculated. If actual damages cannot be reasonably calculated, You agree to pay HFN liquidated damages of $5.00 for each piece of Spam transmitted from your account.
HFN may elect to send notice of any violations to You before termination, but is not required to do so. When an account has been terminated or suspended, the reactivation of the old account or the acquisition of a new account will only be allowed by the express approval of HFN. The account may be held responsible for any charges associated with installation or activation, whether it is for a new account, or a suspended or terminated account.
LIABILITY – HFN PROVIDES ITS SERVICES "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY. HFN SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS PROVIDED. HFN FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR. HFN SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST DATA OR LOST PROFITS OR REVENUES, REGARDLESS OF THE FORESEEABILITY THEREOF, OCCASIONED BY HFN'S ACTIONS OR INABILITY TO PERFORM ITS OBLIGATIONS HEREUNDER OR ARISING FROM SOFTWARE OR HARDWARE MALFUNCTIONS. IN NO EVENT SHALL HFN'S AGGREGATE LIABILITY TO A CUSTOMER UNDER THIS AGREEMENT FOR INDEMNITY, CONTRIBUTION, BREACH OF STATUTORY DUTY, CONTRACT CLAIMS, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OR TORT, EXCEED $200. THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT ENLARGE THIS LIMITATION.
CUSTOMER AGREES THAT THE FOREGOING LIMITATION ON LIABILITY SHALL ALSO EQUALLY LIMIT THE LIABILITY OF THE ISP (OR SUCH OTHER SUCCESSOR SERVICE PROVIDER) THAT IS POWERING THE HFN NETWORK.
Notices - Notification to either party to this Agreement will be sufficient when emailed to the other party or if mailed to the other party's address set forth herein and deposited in the US mail with adequate postage prepaid. For emails to HFN, for service and technical support issues send to firstname.lastname@example.org, for billing, termination, address changes and service credits, send to email@example.com. Such address may change by a written notice providing the new address to which notification is to be made. HFN reserves the right to contact You via mail, e-mail or telephone for Service changes, billing alterations, newsletters, questions or Service offerings. HFN does not sell or provide your information to third parties other than as required of it by law or valid legal process or to process billings and collections for HFN.
General Terms - The waiver or failure by either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of that right in the future or of any other right under this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement, including the documents incorporated herein by reference, represents the complete agreement and understanding of the parties with respect to the subject matter herein and supersedes any other representations. In the event of a dispute under this Agreement, the prevailing party is entitled to recover its expenses, including reasonable attorneys' fees. Third party ISPs shall be deemed to be third-party beneficiaries of this Agreement. All terms and provisions of this Agreement, which should by their nature survive the termination of this Agreement, shall so survive.
Other Terms - The Service being provided hereunder is also subject to the following terms:
System abuse is strictly prohibited. Highlands Fiber Network (HFN) may terminate or modify service immediately and may bill for any resulting support charges if You engage in system abuse. Actions which constitute system abuse include, but are not limited to:
Anyone who believes there is a violation of this Policy should direct that information to firstname.lastname@example.org.
Covenant Subscriptions: (Homes subject to the Covenant for Community)
If Service is unavailable for more than 30 consecutive minutes in any one day, then upon request by an affected subscriber, or by the Highlands Council, or by HFN, or if it is a Service unavailability that ISP knows affected multiple subscribers, HFN's internet service provider and billing agent (ISP) will issue to the subscribers affected by the Service unavailability a credit equal to the portion of the monthly recurring charge for the affected Service in the following manner:
|Duration of Service Unavailability||Credit Issued|
|Less Than 30 Minutes||No Credit|
|30 Minutes to Less Than 60 Minutes||1/2 Day Credit|
|60 Minutes to Less Than 12 Hours||1 Day Credit|
|12 Hours to 24 Hours||2 Days Credit|
|Each subsequent 24 Hour period||2 Days Credit|
If ISP does not activate the Service on the agreed upon install date, ISP will, upon written request from HFN received within 30 days following the agreed upon install date, waive or issue a credit against one month's monthly recurring charges for the Service not activated. This activation commitment does not apply where the delay is the result of (i) the negligence or acts of HFN or its agents; (ii) the failure or malfunction of non-ISP equipment or systems; or (iii) circumstances beyond the reasonable control of the ISP.