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CLEARBAND Terms of Service

THIS AGREEMENT ("Agreement") is between Hometown Broadband Orlando, LLC. ("we," "us" or "CLEARBAND") and the user ("you," "user" or "Customer") of CLEARBAND's Residential or Small Business enhanced communications or telecommunications services and any related products or services ("Service"). This Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection device ("Device" or "Equipment"), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. Also, by activating and/or using the Service, you agree that you are also bound by the terms of CLEARBAND's applicable state and/or federal tariffs, rate schedules, and public disclosures, which are incorporated into this agreement by reference.

1. SERVICE

  1. Term. Service is offered on a month-to-month basis, for an initial term that begins on the date that CLEARBAND activates your Service and ends on the last day of the month of your activation. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give CLEARBAND notice of non-renewal at least ten [10] days before the end of the monthly term in which the notice is given. If you terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term and any and all outstanding charges. Customer is responsible for, and shall pay, any applicable federal, state, 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 Customer's 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 your account. CLEARBAND retains ownership of any Devices and Equipment unless purchased and paid for by the Customer.
  2. Residential Use of Service and Device . If you have subscribed to CLEARBAND's Residential services, the Service and Device are provided to you and your household as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit. If you fail to comply with these limitations, CLEARBAND reserves the right to immediately terminate or modify the Service, if CLEARBAND determines, in its sole discretion and in accordance with applicable law and/or the rules and regulations of appropriate state and federal regulatory bodies, that Customer's Service is being used for non-residential or commercial use.
  3. Small Business Use of Service and Device - Prohibition on Resale. If you have subscribed to CLEARBAND's Small Business services, the Service and Device are provided to you as a small business user. This means that you are not to resell or transfer the service or device to any other person for any purpose. You agree that the CLEARBAND Small Business Plans are for ordinary and usual office voice communications and do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting, fax blasting, or any type of automated or continuous use. CLEARBAND reserves the right to immediately terminate or modify the Service, if CLEARBAND determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities, in accordance with applicable law regarding such terminations.
  4. Bundled Service: You acknowledge and agree that the Services are offered on a bundled basis (including local, toll, long distance and international service) and cannot be separated. You acknowledge that these services (local, toll, and long distance) are not available individually and that in order to maintain each of the services in the bundle, one must maintain the others on the same service line. Should you wish to change any of these services provided by CLEARBAND, You will terminate your Service with CLEARBAND.
  5. Equipment Non-Return Fee : You will be charged an equipment non-return fee of $490.00 USD per Device obtained from CLEARBAND upon termination of Service for any reason regardless of if such termination is by CLEARBAND or you. The equipment non-return fee becomes due and payable immediately upon termination and will be billed directly to your credit card. If you have multiple Devices, you will be charged an equipment non-return fee of $99.00 USD per Device for each Device belonging to CLEARBAND in your possession. To receive a credit for the equipment non-return fee, you must return the Device(s) undamaged and in original condition within fourteen (14) days of termination. CLEARBAND will not credit you if the Device(s) is damaged or not in its original condition as received by you. In the event you disconnect multiple lines, CLEARBAND will issue you a credit for all equipment non-return fees upon receipt of all Devices (e.g., Multimedia Terminal Adapters, etc.) in accordance with this Section. Further, CLEARBAND reserves the right to charge you for any power cables, network cables or other incidental equipment (Equipment) provided to you in addition to the Device should such Equipment not be returned.
  6. Lawful Use of Service and Device
    1. Prohibited Uses: You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in CLEARBAND's sole judgment the transmission, receipt or possession of such communication would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. CLEARBAND reserves the right to terminate your service immediately and without advance notice if CLEARBAND, in its sole discretion, believes that you have violated the above restrictions, or any Applicable Tariff term, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus an equipment non-return fee, all of which immediately become due and payable, as may be permitted under Applicable Law. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless CLEARBAND against any and all liability for any such use that fails to comply with this Section 1.3.1. If CLEARBAND, in its sole discretion believes that you have violated the above restrictions, CLEARBAND may forward the objectionable material, as well as your communications with CLEARBAND and your personally identifiable information to the appropriate authorities for investigation and prosecution.
    2. Use of Service and Device by Customers Outside the United States: While we encourage use of the Service within the United States to other countries, CLEARBAND does not presently offer or support the Service to customers located in other countries. If you remove the Device to a country other than the United States and use the Service from there, you do so at your own risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you. Transport or sale of the Device outside of the United States may result in a violation of US or foreign technology import/export laws or rules; compliance with which is your sole responsibility.
  7. Loss of Service Due to Power Failure: You acknowledge and understand that the Service does not function in the event of power failure. Should there be an interruption in the power supply to your Device or at any point in your transmission path, the Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment including your Device or any connecting equipment in your transmission path prior to utilizing the Service. Power disruptions or failures will also prevent dialing to emergency service numbers including any 911 calling feature that may be activated in or accessed by your Service.
  8. Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software: The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials provided or offered by CLEARBAND and on CLEARBAND's website(s) 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 CLEARBAND are and shall remain the exclusive property of CLEARBAND and nothing in this Agreement shall grant you the right to right or license to use such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by CLEARBAND, which CLEARBAND reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless CLEARBAND against any and all liability arising out of your use of such interface device with the Service.
  9. Tampering with the Device: You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from CLEARBAND in each instance. Doing so shall constitute a violation of this Agreement.
  10. Theft of Service: You agree to notify CLEARBAND immediately, by calling the CLEARBAND customer service line, if the Device or Service is stolen or if you suspect or become aware at any time that your Service is being stolen or fraudulently used. You will be liable for all use of the Service using a Device or Access Code stolen from you and any and all stolen Service or fraudulent use of the Service until CLEARBAND is informed of the theft.
  11. Delivery or Warranty of Device; Ownership of the Device: If Customer receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact CLEARBAND's customer care department immediately. Warranty coverage varies depending on the type of Device that Customer chooses. If Customer purchased the Device new from CLEARBAND and the Device included a manufacturers limited warranty at the time of purchase, Customer must refer to the manufacturers limited warranty document for information on the limitation and disclaimer of certain warranties. CLEARBAND does not separately warrant any Devices or Equipment it sells and Customer agrees that it accepts its Device "as is" and that Customer is not entitled to replacement or refund from CLEARBAND in the event of any defect. You understand that any Device provided and installed by CLEARBAND for use with the Service is and shall remain the exclusive property of CLEARBAND unless purchased in full by you. Nothing in these terms should be construed to confer any title, rights of ownership, or other property rights onto you, the Customer.
  12. Number Transfer on Service Termination: CLEARBAND may, solely at the Company's discretion, release the telephone number that was ported in to CLEARBAND by you and used in connection with your Service provisioned by CLEARBAND to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; and (ii) you request the transfer upon terminating your account in writing.
  13. Service Distinctions: You acknowledge and understand that the Service has different technical limitations than a traditional telephone service. Technical differences exist between traditional telephone service and this Service offering provided by CLEARBAND. The Service may be subject to different regulatory treatment than traditional or wireline phone service. This treatment may limit or otherwise affect your rights and responsibilities before Federal and State regulatory agencies.

2. EMERGENCY SERVICES- 911 DIALING

  1. Differences in Availability and Operation of Emergency Dialing Service ("911" or "E911"): You acknowledge and understand that the Service does NOT function or connect the same way as traditional copper, fiber or wireline telecommunications support for traditional 911 or E911 access to emergency services. The 911/E911 Services offered by the Company in conjunction with these services are available only on CLEARBAND-provided or other approved Devices as described herein, and only in specific areas, as specified by the Company, but you acknowledge and understand that 911-type dialing is NOT automatic. When ordering the service, you must separately activate such 911-type dialing capabilities by specifically requesting them at the time of service activation or thereafter, subject to CLEARBAND, governmental and/or industry technical approval, availability and restrictions, with specific confirmation from CLEARBAND, as described herein. Such request must contain specific information as requested, and as may be modified by CLEARBAND in its sole discretion from time to time, and must be accompanied by your acceptance of the specific term, conditions and responsibilities attendant thereto, including but not limited to maintenance and communication to CLEARBAND in advance of any changes in information relating to the physical location for which the 911-type capabilities may be activated, and/or authorized login, passwords and authorized users on the account.
    CLEARBAND 911 dialing cannot be used in conjunction with any "Soft Phone" ("download") application. You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service as to the non-availability of traditional 911 or E911 dialing from your CLEARBAND Service and Device(s). If you activate CLEARBAND 911-type dialing service, you agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service as to the important differences and limitations of CLEARBAND 911 dialing service as compared with traditional 911 or E911 dialing, as set forth in this Agreement, including without limitation the conspicuous posting on the device of any caution or warning materials as may be appropriate, and you agree to make reasonable efforts and use reasonable judgment in informing them of the proper and specific operation and requirements of the Service, if available, and/or to restrict third parties' access to the Service for any purpose.
  2. Description of 911-Type Dialing Capabilities - Activation Required: You acknowledge and understand that 911-type dialing is NOT automatic. You acknowledge and understand that you cannot dial 911 from this line unless and until you have received a confirming email regarding service activation generally and a primary number assignment associated with the geographic location you have provided and agree to maintain. Once you have received a confirming email that such limited 911 dialing has been successfully activated according to this Agreement and any amendments hereto that may be posted from time to time on the CLEARBAND website, you may dial 911 as needed, provided that all other Service requirements, including but not limited to, power supply, broadband internet connection, internet service provider login or "timing out" (even with an automatic restart that may cause a reassignment by your internet service provider of a different session-based internet address), and Service login are activated, operational and uninterrupted for the entire duration of the call. When you dial 911 from your designated physical location, your call is routed from the CLEARBAND network to the Public Safety Answering Point (PSAP) or to local emergency service personnel designated for the address that you listed at the time of activation and confirmation. CLEARBAND can only route 911-type calls within certain geographic areas, from CLEARBAND-provided devices and IP phone primary number assignments designated by CLEARBAND as geographically appropriate, as locations within such areas may be confirmed by CLEARBAND upon service activation. You acknowledge and understand that any 911-type calls made from any physical or geographical location other than the physical location designated and associated with the account, regardless where a caller or third party desires or requires emergency assistance, will fail. WHEN YOU DIAL 911 ON YOUR PHONE UTILIZING CLEARBAND VOIP SERVICE, YOUR CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL 911 DIALING. THE DISPATCHER WILL BE LOCATED AT EITHER THE PUBLIC SAFETY ANSWERING POINT (PSAP) OR WILL BE LOCAL EMERGENCY SERVICE PERSONNEL DESIGNATED FOR THE ADDRESS YOU LISTED AT THE TIME YOU REGISTERED FOR THE SERVICE.
    As described herein, this 911-type dialing currently is NOT the same as traditional 911 or E911 dialing, and at this time, does not necessarily include all of the capabilities of traditional 911 dialing. Note, in particular, that certain features of "E911" may not be available in your area or technically feasible via this Service. While certain call-back capabilities, if they are available, may function on this Service, any interruption before, during or after any call -- in power supply, broadband internet connection, internet service provider login or "timing out" (even with an automatic restart that may cause a reassignment by your internet service provider of a different session-based internet address), or Service login may cause these features to fail.
  3. Service Outage:
    1. Power Outage: You acknowledge and understand that 911 dialing, like the Service as a whole, does not function in the event of a power failure. Should there be an interruption in the power supply, the Service and 911 dialing will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment, connections or logins, prior to utilizing the Service or 911 dialing.
    2. Broadband Service Outage: You acknowledge and understand that service outages or interruptions by your broadband provider will prevent ALL Service including 911 dialing. Even a brief interruption in your broadband internet connection may cause the Service and 911 calling to fail until Customer resets or reconfigures equipment, connections or logins.
    3. Service Outage Due to Suspension of Your Account: You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911 dialing.
    4. Other Service Outages: You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
    5. Limitation of Liability and Indemnification: You acknowledge and understand that the Company's liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document, and applicable Tariffs. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CLEARBAND, ITS OFFICERS, DIRECTORS, MEMBERS, 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, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.
    6. Requires Activation: You acknowledge and understand that 911 dialing does not function unless you have successfully activated the 911dialing feature on your account, and until such later date that such activation has been confirmed to you through a confirming email, and until you have carefully reviewed the email and, if indicated, have responded to any informational errors or discrepancies in such email, and, if applicable, such errors, if any, are corrected and the corrections confirmed in writing by CLEARBAND. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU CANNOT DIAL 911 FROM THIS LINE UNLESS AND UNTIL YOU HAVE RECEIVED A CONFIRMING EMAIL. You agree to carefully review the confirmation email for any errors in your account information, and understand and acknowledge that CLEARBAND relies exclusively on you to provide and review the correct information for providing your Service.
    7. Failure to Designate the Correct Physical Address When Activating 911 Dialing: IF YOU DO NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE YOUR CLEARBAND EQUIPMENT WILL BE LOCATED AT THE TIME YOU REGISTER FOR THE SERVICE, 911 COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER.
    8. Requires Re-Activation if You Change Your Number: You acknowledge and understand that 911 dialing does not function if you change your phone number unless and until you have successfully activated the 911 dialing feature following the instructions from the "Dial 911" link on your dashboard, and until such later date that such activation has been confirmed to you through a confirming email. 911 dialing must be re-activated. Although you may have activated 911 dialing with your former CLEARBAND phone number, you must separately activate 911 dialing for any new number.
    9. Change of Physical Location of Equipment: 911 DIALING WILL NOT FUNCTION CORRECTLY IF YOU MOVE YOUR CLEARBAND EQUIPMENT TO A LOCATION OTHER THAN THAT PROVIDED WHEN YOU REGISTERED FOR THE SERVICE. IN SUCH EVENT, IN ORDER TO HAVE 911 CALLING ROUTED CORRECTLY, YOU MUST UPDATE YOUR SERVICE ADDRESS IN ACCORDANCE WITH THE INSTRUCTIONS ON THE CLEARBAND VOIP SERVICE WEBSITE.
    10. Requires Re-Activation if You Move: You acknowledge and understand that 911 dialing does not function properly or at all if you move or change the physical location of your equipment to a different street address. Failure to provide the current and correct physical address and location of your CLEARBAND equipment will result in any 911 dialing you may make being routed to the incorrect local emergency service provider
    11. Possibility of Network Congestion and/or Reduced Speed for Routing 911: Due to the manner in which it is technically possible to provide the 911 dialing feature for CLEARBAND VoIP Service at this time, you acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made utilizing your equipment as compared to traditional 911 dialing over traditional public telephone networks. You acknowledge and understand that your call may be routed to a different dispatcher than that used for traditional 911 dialing. The dispatcher will be located at either the public safety answering point (PSAP) or will be local emergency service personnel designated for the address you listed at the time you registered for the service. You acknowledge and understand that there may be a greater possibility that the general telephone number for the local emergency service provider will produce a busy signal or will take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.
    12. Automated Number Identification: At this time in the technical development of CLEARBAND 911 dialing, it may or may not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when you dial 911. CLEARBAND's system is configured in most instances to send the automated number identification information; however, the phone system routes the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and they are not yet always technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number in order to call you back if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
    13. Automated Location Identification: At this time in the technical development of CLEARBAND 911 Dialing, it may not be possible to transmit identification of your service address that you have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when you dial 911. You acknowledge and understand that you may need to state the nature of your emergency promptly and clearly, including your location, as PSAP personnel will NOT have this information. You acknowledge and understand that PSAP and emergency personnel may not be able to find your location if the call is unable to be completed, is dropped or disconnected, if you are unable to speak to tell them your location, and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.
    14. Alternative 911 Arrangements: YOU ACKNOWLEDGE THAT THIS SERVICE IS NOT OFFERED AS A PRIMARY LINE OR LIFELINE SERVICE. YOU SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL E911 SERVICES.
    15. No compatibility with other equipment: All non-voice communications equipment, including but not limited to, home security systems that are set up to make automatic phone calls, fax machines, modems and medical monitoring devices, are not compatible with the Service. By accepting this Agreement, you waive any claim against CLEARBAND for interference with or disruption of such systems due to the Services

3. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION

  1. Limitation of Liability: CLEARBAND shall 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: 1.) act or omission of an underlying carrier, service provider, vendor or other third party; 2.) equipment, network or facility failure; 3.) equipment, network or facility upgrade or modification; 4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions; 5.) equipment, network or facility shortage; 6.) equipment or facility relocation; 7.) service, equipment, network or facility failure caused by the loss of power to Customer; or 8.) any other cause that is beyond CLEARBAND's control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed, including 911 dialing, or degradation of voice quality. CLEARBAND's liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.
  2. No Consequential Damages: In no event shall CLEARBAND, its officers, directors, Members, employees, affiliates or agents or any other service provider who furnishes services to Customer in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not CLEARBAND was informed of the likelihood of any particular type of damages.
  3. Indemnification: Customer agrees to defend, indemnify, and hold harmless CLEARBAND, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including 911 dialing, or the Device. This paragraph shall survive termination of this Agreement.
  4. No Warranties on Service: CLEARBAND makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. CLEARBAND does not warrant that the Service will be without Service failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither CLEARBAND nor its officers, directors, members, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to Customer in connection with this Agreement or the Service will be liable for unauthorized access to CLEARBAND's or Customer's 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 CLEARBAND's or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by CLEARBAND or CLEARBAND's agents or installers are informational and are not given as a warranty of any kind.
  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.
  6. Content: You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. CLEARBAND reserves the right to terminate or suspend affected Services, and/or remove Your or Users' content from the Services, if CLEARBAND determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with CLEARBAND's ability to provide Services to you or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. CLEARBAND's actions or inaction under this Section shall not constitute review or approval of Your or Users' use or Content. You will indemnify and hold CLEARBAND against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.

4. GOVERNING LAW / RESOLUTION OF DISPUTES

  1. Mandatory Arbitration: Any dispute or claim between Customer and CLEARBAND arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a panel of three (3) arbitrators administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Such arbitration shall take place exclusively in Hillsboro County, Florida. The parties agree that no arbitration panel has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration or seek to consolidate or bring previously consolidated claims in arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.
  2. Governing Law: The Agreement and the relationship between you and CLEARBAND shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and CLEARBAND agree to submit to the personal and exclusive jurisdiction of the courts located within Florida. The failure of CLEARBAND to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 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. PRIVACY

  1. CLEARBAND Service may utilize, in whole or in part, the public Internet and third party networks to transmit voice and other communications. CLEARBAND is not liable for any lack of privacy that may be experienced with regard to the Service. Please refer to our Acceptable Use Policy at: www.cfl.clearbandusa.com for additional information.

6. CHANGES; NOTICES

  1. Except where expressly prohibited by law, the Customer agrees to accept notices to this agreement electronically, either by email or by web site posting. Notices to Customer of any changes to these "Terms of Service" shall be considered given by posting to the "Service Announcements" section of the CLEARBAND VoIP Services Web Site. Notice will be considered received by Customer, and such changes will become binding on Customer, on the date posted to the CLEARBAND Web Site and no further notice by CLEARBAND is required.

7. ENTIRE AGREEMENT

  1. This Agreement, the accompanying Customer Work Order, any Terms of Service, Terms and Conditions-Data Service or other rules now or hereafter specified by CLEARBAND for the Service, public disclosures and/or any applicable tariff(s) on file with the applicable state utility commission or FCC, if any, shall constitute the entire agreement between CLEARBAND and Customer with respect to the subject matter hereof, and supersedes all previous written agreements between CLEARBAND and Customer with respect to the services provided hereunder. Acceptance of the Service shall constitute acceptance of the terms and conditions herein.


    2. Terms and Conditions – Broadband Data

    Version: 6-16-08
    1. Hometown Broadband Orlando, LLC (DBA Clearband) HEREIN REFERED AS “Clearband” requires that all persons or entities using any Clearband Internet service, voice service, site or connection ("Service") agree to the following Terms and Conditions. By accessing or using the Service, you confirm your agreement to and acceptance of these Terms and Conditions, the Terms of Service-Digital Voice including all hyperlinked policies, procedures, notifications, posting and Agreements. The use of the Service offered by Clearband shall also be subject to the User Agreement below and the terms of the Customer Work Order between Clearband and each user.
    2. Please read these terms and conditions carefully before accessing or using the Service. Clearband may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions electronically or on the Clearband website or physically mailing. You agree to review these terms and conditions periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified terms and conditions.
    3. You understand that Clearband cannot and does not guarantee or warrant that use of the Service for downloading files will be free of infection or viruses, worms, Trojan horses or other code that may possess destructive properties.
    4. While all reasonable attempts are made to ensure the accuracy of information, neither Clearband nor its information contributors can be held responsible for the accuracy of the information regarding the service, its promotion or its use. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided via the Service or on the Internet generally. Clearband does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an "as is, as available" basis. You assume total responsibility and risk for your use of the Service and the Internet. CLEARBAND does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any merchandise, information or service provided through the Service or on the Internet generally, and CLEARBAND shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. In no event will CLEARBAND be liable for (1) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyperlinked from the Service, even if CLEARBAND or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies of the Service and/or materials or information downloaded through, or hyperlinked.
    5. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, CLEARBANDS' liability is limited to the greatest extent permitted by law.
    6. You agree to comply with CLEARBAND'S Operating Policies (as they may be amended by CLEARBAND from time to time). CLEARBAND'S Operating Policies are the rules that govern your activity in connection with the Service. CLEARBAND has the right but not the obligation to remove any communications, customers, agents and materials that CLEARBAND believes in its sole discretion violate the Operating Policies, Copyright, Licenses and Idea Submissions. All material contained in this Service is protected by law, including but not limited to, United States copyright and trademark law, as well as other state, national and international laws and regulations. You may print and download portions of material from different areas of the Service solely for your own non-commercial use.
    7. You agree to indemnify, defend and hold harmless CLEARBAND, its officers, directors, members, attorneys, employees, agents, licensors, suppliers, affiliated companies and their officers, directors, members or employees and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you.
    8. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. This agreement shall all be governed and construed in accordance with the laws of the State of Florida You agree that any legal action or proceeding between CLEARBAND and you for any purpose concerning this agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Florida. CLEARBAND'S failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. CLEARBAND may assign its rights and duties under this agreement to any party at any time without notice to you.
    9. You acknowledge that CLEARBAND owns and shall retain title to all Customer Premises Equipment installed including but not limited to: wireless modem, wireless -router, antenna ,cables, desktop Ethernet card, USB wireless adapter, indoor power adapter, UPS and any other installed equipment.

    OPERATING POLICIES

    1. Your participation in online communications occurs in real time and is not edited or controlled by CLEARBAND except as may be provided for herein.
    2. Notwithstanding the foregoing, CLEARBAND reserves the right to monitor content on the Service and to remove content which CLEARBAND, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain a valuable Service it is necessary to establish the following to protect against abuse:
    3. You may not violate or attempt to violate the security of the Service offered in any manner.
    4. You may not use the facilities and capabilities of the Service to conduct any unlawful or fraudulent activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
    5. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images, or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
    6. You may not interfere with other users’ use of the Service.
    7. Violations of these Operating Policies may be reported to Florida State and Federal Agencies.

    USER AGREEMENT

    1. General
      1. The User hereby accepts and agrees to be bound by this User Agreement (sometimes referred to herein as simply “agreement’) which includes the Customer Work Order and may be revised from time to time. The User agrees to review the User Agreement periodically and the continued access to and/or use by the User of the CLEARBAND Service shall be deemed as conclusive acceptance by the User of the revised User Agreement as they become effective from time to time.
      2. User declares that he or she is 18 years of age or older.
    2. Definitions
      1. Customer Work Order means the document entitled “Customer Work Order” signed by you as the customer and CLEARBAND which includes your additional agreements which include but are not limited to : the service plan you selected and its initial term and your definitive approval to allow CLEARBAND or a CLEARBAND appointed Installer, to do on-site testing, installation activities, drill holes in walls, floors and roofs, access your home premises, fasten equipment to any part your property or premise, in a workman like manner. This also includes a Letter of Agency for the purposes of porting phone numbers, changing local carriers, internet providers and changing Long Distance Carriers if required.
      2. Fees mean the following fees and charges for the use of and access to the CLEARBAND Service as may be charged by CLEARBAND from time to time in accordance with the User Agreement and/or the service plan selected in the Customer Work Order:
        1. Any registration fee, monthly subscription fee, install fee, time and material fee, and per minute rates or charges of any underlying CLEARBAND Service; and
        2. Any other payable fees, government regulatory fees, Universal Service fees, assessments and surcharges, taxes, tariffs and other charges.
        3. Customer Work Order means the form used by CLEARBAND, its agents and on the website by which the User requests or signs-up for CLEARBAND Service.
        4. User means the person or organization described on the Customer Work Order who has subscribed to use the Service electronically or through other means by submitting the Customer Work Order and who’s Customer Work Order has been approved by CLEARBAND.
        5. CLEARBAND means Hometown Broadband Orlando, LLC, its successors and assigns.
        6. CLEARBAND Service means any service, site or connection offered by CLEARBAND to its Users. These may include but not be limited to broadband access, e-mail addresses, websites, hardware supply, maintenance, installation, troubleshooting, consulting, design, telephony, video, audio, VOIP, content download, virus protection and any other services that CLEARBAND may offer in the future. User acknowledges that the customer premises equipment is and shall remain the exclusive property of CLEARBAND.
    3. Registration
      1. The User declares:
        1. The information provided in the Customer Work Order constitutes a letter of agency LOA, and the information is accurate and up-to-date; CLEARBAND is authorized to utilize this authority to modify your long distance carrier, local carrier, internet provider and to port any phone numbers relating to the CLEARBAND Service on the Customer Work Order;
        2. The User will use reasonable care to safeguard and keep confidential any password and access number provided to the User and if the User believes that the password and/or access number has been lost or stolen, the User will immediately notify CLEARBAND;
        3. Any person(s) using the User's password and/or access number is either the User or authorized by the User; and
        4. The User will inform CLEARBAND immediately of any changes to the information provided in the Customer Work Order.
      2. The User acknowledges that the CLEARBAND Service may be governed by additional terms and conditions, such additional terms and conditions to become effective under applicable federal and/or state law.
      3. The User understands that this order is contingent on CLEARBAND’S confirmation that the User’s premise can receive the necessary signals to technically offer the CLEARBAND service and that the User’s computer is capable of interfacing with a CLEARBAND’S broadband connection.
      4. The User affirms personal ownership of the premise or affirms that written permission has been granted for CLEARBAND to install all CLEARBAND Service related equipment on the users premise.
    4. Services
      1. All services are provided pursuant to this User Agreement and ,if applicable, the Terms of Services-Digital Voice and the Customer Work Order. In the event of any inconsistency between the User Agreement and the Customer Work Order, the price lists maintained by CLEARBAND shall govern and take precedence. Any other inconsistency shall be resolved in favor of CLEARBAND in its sole discretion.
      2. The User acknowledges that CLEARBAND may, in its sole discretion and with or without notice:
        1. Vary the CLEARBAND Service or any part thereof;
        2. Modify the Fees associated with the CLEARBAND Service; and
        3. Modify or temporarily discontinue the CLEARBAND Service or any part thereof.
      3. In consideration of the User paying the Fees as and when they come due and complying with the User Agreement, CLEARBAND will use its reasonable efforts to provide and maintain the CLEARBAND Service.
      4. The CLEARBAND Service is supplied by CLEARBAND on an "as is" basis and with out any express or implied warranties save for those warranties implied or imposed by and which cannot be excluded or restricted under applicable federal and/or state law. CLEARBAND cannot guarantee the service quality of any of its underlying service providers. The entire risk as to the quality and performance of the CLEARBAND Service is with the User.
    5. Use of the CLEARBAND Service
      1. The User will pay all of the Fees due and payable to CLEARBAND as a result of the use of the CLEARBAND Service by the User.
      2. The User will comply with all requirements of CLEARBAND and federal and state law regarding the use of the CLEARBAND Service.
      3. The User shall be deemed to have sole and full responsibility for any access to or use of the CLEARBAND Service through the User's password and/or access number. The User will remain liable for use of the CLEARBAND Service by any third party until CLEARBAND has received written notice of such event, from the User requesting suspension of the CLEARBAND Service.
      4. The User may not intentionally or unintentionally interfere with other Users’ use of the CLEARBAND Service. While it is CLEARBAND’s intention to allow every user to fully utilize Users contracted bandwidth, CLEARBAND may from time to time, at its discretion, dynamically limit the Users total bandwidth usage or total connection establishment in order to permit all users equitable access to certain limited resources within the CLEARBAND network.
    6. Fees and Payments
      1. The User acknowledges and agrees to pay CLEARBAND the charges and fees in the manner selected by the User on the Customer Work Order as and when they become payable without set-off or deduction.
      2. The records of CLEARBAND shall be final and conclusive in respect to the calculation of the Fees save and except for any manifest errors.
      3. Company accepts the following methods of payment: credit card (Visa, MasterCard, American Express and Discover); bank debit card, money orders, and paper checks.
      4. Fees are immediately due and payable on the date of the invoice and will be processed based on the method of payment selected by the User in the Customer Work Order. Late payment charges may be assessed for any failure to pay within the time set forth in the Customer Work Order.
      5. The User agrees to allow CLEARBAND to charge the User’s credit card, debit card or cash the Users check upon completion of the Service installation. The User extends the authority to use any or all methods of payment provided to CLEARBAND for the purposes of payment of any and all fees, any past due balances as well as charges or penalties that are due both prior and post termination.
    7. Additional Terms
      1. The user agreements of the underlying service providers, which are relevant to the use of the CLEARBAND Service by Users, are hereby incorporated as part of the User Agreement. By agreeing to this User Agreement, the User accepts and agrees to be bound by CLEARBAND'S User Agreement, Terms and Conditions-Data Service, the price lists maintained by CLEARBAND and the Terms of Service –Digital Voice.
      2. The User agrees to allow CLEARBAND at its sole discretion and without notice to suspend the CLEARBAND Service during the period between 12:01am and 6:00am local time on any or all days for the purpose of system maintenance or any other purpose. Service suspension for emergencies will be permitted at any time for the duration of same.
    8. Disclaimer and Limitation of Liability
      1. Due to the unavoidability of errors incident to the services and to the use of the facilities furnished by CLEARBAND, the services and facilities furnished by CLEARBAND are subject to the terms, conditions and limitations set forth herein.
        1. No liability of any nature whatsoever, including but not limited to consequential damages, shall attach to CLEARBAND ,its management, members or affiliates for damages arising from errors, mistakes, omissions, interruptions, or delays of CLEARBAND, or its agents, servants, members or employees, in the course of establishing, furnishing, rearranging, moving, terminating, or changing regulated or non-regulated service or facilities (including the obtaining or furnishing of information in respect thereof or with respect to the subscribers or users of the service or facilities). in the absence of willful misconduct.
        2. CLEARBAND is not liable under any circumstances for any act, omission, error, mistake, interruption or delay of any connecting carrier or Local Exchange Carrier or its agents, servants or employees; nor will CLEARBAND have any such liability for providers or connections, equipment, facilities, or service other than CLEARBAND or its agents, servants or employees.
        3. CLEARBAND will not be liable under any circumstances for any act, omission, error, mistake interruption or delay of any person or entity owning telecommunications facilities used by User in conjunction with CLEARBAND'S Service; or for the culpable conduct of the User, its agents, servants, employees, invitees, guests, or failures of equipment, facilities or connections provided by the User.
        4. CLEARBAND is not liable for interruptions, errors, delays or defects in transmission when caused by acts of God, war, fire, riots, government authorities, or other causes beyond the carrier's control.
        5. CLEARBAND is not liable under any circumstance for any act, omission, error, mistake, or delay associated with any representations or statements it may make (including materials posted on websites) regarding the services, offerings, promotions, rates, discounts or conditions of underlying service providers, Local Exchange Carriers or connecting carriers.
    9. Personal Data
      1. All personal data held by CLEARBAND will be kept confidential and in accordance with applicable federal and state law, but the User agrees CLEARBAND may disclose or provide such data to the following parties:
        1. Subsidiaries, holding companies, associated companies or affiliates or companies controlled by or under common control with CLEARBAND;
        2. Any government entity or law enforcement agency pursuant to any criminal or other investigation;
        3. Any financial institutions, charge or credit card issuing companies, credit information or reference, or collection agencies necessary to establish and support the payment of any services being requested; and
        4. During the User's use of CLEARBAND'S website, CLEARBAND may issue to and request from User's computer blocks of data commonly referred to as "cookies". The User must not alter any cookies sent to the User's computer from CLEARBAND'S website and the User must ensure that the User's computer sends correct and accurate cookies in response to any relevant request from CLEARBAND'S website. Cookies enhance the performance of CLEARBAND'S website by providing a secure method for user identification and improving website navigation. User privacy and security is not compromised when using cookies.
    10. Term and Termination
      1. CLEARBAND may, without incurring liability, immediately terminate, restrict or suspend the CLEARBAND Service, in whole or in part, and may deny requests for new or additional CLEARBAND Service, without notice to the User if: User fails to pay CLEARBAND any charges when due ; User makes any false statement to CLEARBAND; CLEARBAND suspects fraud, abuse or misuse by User, other users or third parties; User violates any terms of the User Agreement or Customer Work Order or any other Terms of Service; CLEARBAND believes User's use or content, or the use or content of other users, may violate the User Agreement, other Terms of Service or any laws or regulations or interferes in any way with CLEARBAND'S provision of CLEARBAND Service to its customers or its business operations; or User becomes insolvent or is subject to any proceeding under bankruptcy or similar laws. In all other cases, CLEARBAND may, by notice in writing to User, terminate, restrict or suspend CLEARBAND Service, in whole or in part, without incurring liability.
      2. Unless specified to the contrary herein, the Term of this User Agreement is defined in the Customer Work Order (initial term) and may be terminated and/or automatically extended as defined by this User Agreement. This User Agreement will automatically extend on a month to month basis following the initial term unless terminated as provided herein.
      3. This agreement may be terminated at any time by the User by giving 30 days written notice.
      4. Upon termination, all equipment installed at Users premises (which equipment is the property of CLEARBAND) must be returned to CLEARBAND within ten (10) business days. User authorizes the entry of the premises for such removal. If any equipment is not returned within ten (10) business days, or if damaged by user, the full amount for replacement will be charged to customers account and become immediately due. Failure to pay any past due amount will be turned over to a credit agency chosen by CLEARBAND.
    11. Assignment
      1. This agreement may be assigned by CLEARBAND at any time without the consent of the User.
      2. The User shall not assign, transfer, convey, license or otherwise dispose of its rights and obligations under the User Agreement to any other party without the prior written consent of CLEARBAND.
    12. Applicable Law- Mandatory Arbitration

      13. This User Agreement, to the extent not governed by applicable federal and state tariffs, shall be governed under the law of the State of Florida.

      Any dispute or claim between Customer and CLEARBAND arising out of or relating to the Service(s) shall be resolved by Arbitration before a panel of three (3) arbitrators administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Such Arbitration shall take place exclusively in Hillsboro County, Florida. The parties agree that no arbitration panel has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award of the Arbitration Panel may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join a punitive or certified class action to arbitration. Customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

      By utilizing CLEARBAND’s services I hereby agree to CLEARBAND’s Terms and Conditions and User Agreement stated above regarding the use of CLEARBAND services.

    
 
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