FLHSI Fiber for Small Business Terms of Service

Last modified: 03-01-2018 Please read these terms carefully.

Welcome to FLHSI Fiber

Thanks for using FLHSI Fiber’s products, equipment and services (“Services”). The Services are provided by Brevard Wireless, Inc. dba Florida High Speed Internet located at 1311 Bedford Drive Melbourne, Florida 32940 (Florida High Speed Internet and its subsidiaries are referred to below as “FLHSI Fiber”).

The FLHSI Fiber for Small Business Terms of Service (“Terms”) means the terms specified below and the FLHSI Terms of Service. Any references to “FLHSI” and “Services” in the FLHSI Terms of Service mean FLHSI and the FLHSI Fiber Services. In the event any terms in the FLHSITerms of Service conflict with any of the FLHSI Fiber for Small Business Terms of Service, the FLHSI Fiber for Small Business Terms of Service will control.

By agreeing to the Terms, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself and others in your business who may use the Services.

By signing up for or using the Services, you agree to these Terms.

Communicating Electronically with FLHSI Fiber

We may be required to provide certain disclosures, notices and communications (collectively “Communications”) to you in written form. We will deliver such Communications to you in electronic form. Your agreement to these Terms confirms your ability and consent to receive such Communications electronically.

You consent to receive electronically all Communications that we may provide you in connection with your FLHSI Fiber account and your use of the Services. Communications include:

• agreements and policies related to the Services, including updates to those agreements and policies;
• payment authorizations and transaction receipts or confirmations;
• account statements and history; and
• all other communications or documents related to or about your account, your purchases, changes to the Services or the rates and fees we charge in connection with the Services, and your use of the Services.

Communications will be considered to be received by you upon delivery in any of the following manners:

• posting them on or in the FLHSI Fiber Website;
• emailing them to the email address associated with your account; or
• otherwise communicating them to you via the Services.

To access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:

• a computer or mobile device with Internet or mobile connectivity;
• a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
• software capable of opening PDF documents;
• access to the valid email address you used to create your FLHSI Fiber account; and
• sufficient storage space to save Communications or a printer to print them.

By consenting to this Policy, you confirm that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications for your records. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable. Also, you may contact FLHSI Fiber to request another electronic copy of a Communication. We reserve the right to terminate your use of the Services if you decline or withdraw consent to receive electronic Communications, except that you may decline to receive telephone calls and text messages without having your service terminated, as set out in the following section.

Eligibility for FLHSI Fiber Services

Although we hope to make FLHSI Fiber available to as many people and businesses as possible as quickly as we can, FLHSI Fiber reserves the right to determine whether any Services are made available to a particular address.

If FLHSI Fiber determines that the address at which you receive Services is not a business address, FLHSI Fiber may require you to transition to another type of account in order to continue receiving the Services. This transition may include an increase in any fee for the Services.

FLHSI Fiber Installation

You agree to provide FLHSI Fiber with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your premises” below) so that the equipment necessary for you to receive the Services may be installed and configured. You agree that FLHSI Fiber may install equipment on the exterior and interior of your premises (including but not limited to laying underground conduit and/or affixing equipment to the outside of your building or facility) at any reasonable location. You also agree that FLHSI Fiber may use, and that you have the necessary permissions to approve FLHSI Fiber’s use of, existing facilities, including existing wiring in and around your premises, to complete the installation services.

If you rent or otherwise do not own your premises, you represent and warrant that you are authorized by the property owner to order FLHSI Fiber installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for FLHSI Fiber to perform installation services. If FLHSI Fiber incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for FLHSI Fiber to install the equipment required for the Services, you are responsible for reimbursing FLHSI Fiber for those costs or losses.

Acceptance of these Terms does not guarantee that FLHSI Fiber will install or provide any Services. We may need a separate agreement with you or your landlord in order to install the Services.

Construction and Installation Fees

Sometimes we may need to charge a fee in connection with the construction or installation of your network connection (“construction fee” or “installation fee”). We will only charge you if we notify you of a construction or installation fee in your Estimate. FLHSI Fiber may allow some users to pay construction or installation fees in installments. If you cancel or make certain changes to your Service plans, or your Services are otherwise terminated due to failure to comply with these Terms, before you have paid the entire construction or installation fee, you agree to pay the outstanding construction or installation fee balance as of the date of such change, cancellation or termination. Construction and installation fees are subject to change.

FLHSI Fiber Equipment

FLHSI Fiber may provide or rent various pieces of equipment to you in connection with the Services. In some cases, to use the provided equipment, you will need to review and agree to terms of service governing use of the equipment. If you lose or damage this equipment after installation, FLHSI Fiber may charge you a fee for replacement equipment (see Fee Schedule). Equipment fees are subject to change.

Unless explicitly stated otherwise on our website, FLHSI Fiber owns all equipment provided by FLHSI Fiber in connection with the Services. From time to time, FLHSI Fiber may offer you equipment that you may purchase in connection with the Services under separate terms to be provided with such equipment.

You authorize FLHSI Fiber to install software upgrades on any equipment provided by FLHSI Fiber. You also agree not to use the FLHSI Fiber-owned equipment for any purpose other than using the Services.

Service Commitment and Price Guarantee

When you subscribe to FLHSI Fiber for Small Business, you enter into a service commitment and as provided in your service plan. You agree to pay recurring monthly service fees in advance of the billing cycle in which you will receive the Services, so any request for cancellation will take effect at the end of the billing cycle. See the Billing and Payment and Changing and Canceling Services; Termination sections below.

Using Your Own Network Router

If you order FLHSI Fiber for Small Business we will provide you with a Network Box or you can use your own router. If you do use your own router, you are responsible for making sure that your router is used in accordance with our Terms of Service, including our Acceptable Use Policy. Although we hope to make the Service compatible with as many network routers as possible, we cannot guarantee that your router will work with the Service.

Using FLHSI Fiber Services

You agree not to misuse the Services, which includes using the Services for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. Examples of misuses and prohibited activities are set forth in our Acceptable Use Policy for Small Business Subscribers, which is incorporated into these Terms. You are responsible for all activity on the Services, whether such activity is undertaken by you or someone else.

As described in the Acceptable Use Policy, you may not resell the Services directly or indirectly. You agree, for example, not to provide the Services in hotel rooms, dormitory rooms in residence halls, private hospital rooms, or shared or rented office spaces that are paid for by customers. You may, however, provide the Services in common areas on your premises, such as lobbies or waiting areas.

If you are using the Services in a premises or other location that you do not own or control (such as a multiple unit building, strip mall, office park, etc.), you may have agreements related to the Services with property owners, managers, or other third parties outside these Terms; FLHSI Fiber is not a party to such agreements and therefore is not responsible for nor bound by such agreements.

In addition to the restrictions in FLHSI Terms of Service regarding your right to use any branding or logos used in our Services, you may not use our branding or logos to market or advertise your business.

Resale and Redistribution

The Services are intended to be used by you, your employees, your customers and other users in the ordinary course of business. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your premises.

Security

FLHSI Fiber makes an effort to keep its network secure, but no network security is perfect. While FLHSI Fiber may provide technical assistance to you, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. FLHSI Fiber is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.

Privacy

FLHSI Fiber takes your privacy seriously. You understand and agree that information provided to and collected by FLHSI Fiber in connection with the Services is subject to the FLHSI Privacy Policy and the FLHSI Fiber Privacy Notice.

Billing and Payment

You agree to pay any and all applicable fees for the Services you purchase, whether ordered by you, someone authorized by you or someone with access to the Services pursuant to your FLHSI Fiber account.

FLHSI Fiber will send all bills and other required notices by email to the address associated with your account. You agree to pay recurring monthly service fees in advance of the billing cycle in which you will receive the Services. FLHSI Fiber will bill one-¬time charges in the billing cycle following your authorization of such charges.

FLHSI Fiber will email a bill to the email address associated with your account. The bill will indicate the date the amount you owe will be collected. If payment is not received due to insufficient funds or for any other reason, FLHSI Fiber may, consistent with applicable laws, assess late payment fees and/or suspend or terminate the Services if payment is more than thirty (30) days past due. You agree that FLHSI Fiber is not responsible for any third party charges you may incur in connection with your FLHSI Payments account, credit card or other payment method.

Changing and Canceling Services; Termination

You may change or cancel the Services at any time, but you may be required to pay for certain construction or installation fees that may have been waived when you signed up for the Service. (As noted above, any construction fee would have been disclosed to you during sign-up.) You may also be required to return some or all of the equipment. If you do not return this equipment, you may be required to pay a replacement fee.

When you change your Service by upgrading or downgrading your package, the fees will be prorated based upon the date that your Service changes.

If you request cancellation of all your Services, your Services will be available until the cancellation date you select. Once your service is disconnected, a credit for the remaining portion of the current billing cycle will be applied towards any remaining balance. Your FLHSI Fiber account will not be terminated until all billing obligations are resolved. If there is a credit balance at the time your account is terminated, it will be refunded to the last used payment method in your FLHSI Fiber account.

FLHSI Fiber reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion without notice.

Commitment to Online Safety

FLHSI Fiber is committed to online safety for minors, and FLHSI Fiber complies with all applicable laws related to protecting minors online. This includes reporting cases of child abuse or exploitation to the National Center for Missing and Exploited Children. You can access additional information about minors’ online safety by visiting www.ncmec.org.

Our Warranties and Disclaimers

We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY FLHSI FIBER OR AN AGENT THEREOF, NEITHER FLHSI FIBER NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY FLHSI FIBER, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND EQUIPMENT “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FLHSI FIBER, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, FLHSI FIBER, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. WHEN PERMITTED BY LAW, FLHSI FIBER, AND FLHSI FIBER’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

Copyright Issues

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices here.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify FLHSI Fiber and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Changes To These Terms

We may modify these Terms to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these terms on this page by indicating the date the Terms are last modified. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service, changes regarding the launch of a new Service, or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service and contact us to change or terminate your Services.