WNET TELECOM USA Corp. (which is providing services under ™ "Unlimitedfiber") provides its Internet access and equipment, products, and services designed to connect subscribers to the Internet (the "Service(s)").
Subscriber's use of the Service(s) is deemed to be acknowledgment that Subscriber has read and agreed to all of our terms and conditions.
WNET TELECOM USA Corp.
1732 1st Ave #21528, New York, NY 10128
+ 1 (844) 461-0006
Website Terms And Conditions
These website terms and conditions apply solely to websites owned or operated by WNET TELECOM USA Corp. Please note that certain other WNET TELECOM USA Corp. internet and other services may have additional terms and conditions regarding your use of those services, and nothing in these terms and conditions is intended to modify such additional terms and conditions.
IF YOU DO NOT AGREE TO THESE WEBSITE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THIS SITE.
Permission to make and internally use copies of the text, graphics, images, video and audio files and other information ("Content") from this site is granted subject to the following:
- Any copies shall be used only for your internal, non–commercial use;
- Any copies must include the following copyright notice: "Copyright 2017 WNET TELECOM USA Corp. All rights reserved";
- Permission is granted only to the person legally accessing this server and is not transferable to any other person.
You may not otherwise use, modify, copy, print, display, reproduce, distribute, manipulate, or publish any Content from this site without the express prior written permission of WNET TELECOM USA Corp.
Without the express prior written authorization of WNET TELECOM USA Corp., you may not:
- use any data mining robots ("bots"), hardware or software modules that add a specific feature or service by plugging into an existing larger system ("plug-ins"), or other data gathering and extraction tools, scripts, applications, or methods on this site;
- use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this site, server or activities conducted therein;
- take any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects our network or other customers;
- decompile, reverse engineer, modify or disassemble any of the software in or associated with the network and/or server;
- use any meta tags or any other "hidden text" utilizing WNET TELECOM USA Corp.' name or any WNET TELECOM USA Corp. trademark without WNET TELECOM USA Corp.' prior written permission;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WNET TELECOM USA Corp. or use any WNET TELECOM USA Corp. trademark except as set - forth in the foregoing limited license in these terms and conditions; or
- otherwise, exceed your limited access to the site as authorized by WNET TELECOM USA Corp.
WNET TELECOM USA Corp. reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this site or the network infrastructure and/or data displayed by a person or entity that is not the authorized user of the account is illegal and WNET TELECOM USA Corp. reserves the right to take legal action.
The Content may contain other proprietary notices or describe products, services, processes or technologies owned by WNET TELECOM USA Corp. or third parties. Except for the foregoing limited license to make and internally use copies of the Content, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property rights of WNET TELECOM USA Corp. or any third party.
User Name And Password
If you access the site anonymously, you may do so as a visitor and will not be required to create a user name. However, in order to access certain services on the site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your user name and password and will be solely liable for any use or unauthorized use under such user name and password. We may suspend or terminate your user name and password at any time with or without notice.
Requirements For Linking To unlimitedfiber.com
You may link to our site, subject to the following guidelines:
- you must link only to our homepage, and not to pages within the site itself.
- unlimitedfiber.com link must not appear connected to any other logos and graphics.
- unlimitedfiber.com link must not be used in any way that implies an endorsement by WNET TELECOM USA Corp. of any third party or their product or service.
You may only use a text hyperlink, and no use of the WNET TELECOM USA Corp. logo or WNET TELECOM USA Corp. artwork or graphics is permitted.
WNET TELECOM USA Corp. name must not be associated with unfair, deceptive or libelous advertising or commentary or used in any way that will tend to injure or compromise our professional reputation and corporate identity and policies.
Your text hyperlink must include the following company name: WNET TELECOM USA Corp. No stylization is permitted.
UNLIMITEDFIBER is a trademark of WNET TELECOM USA Corp., the UNLIMITEDFIBER service and product names in this site, and the other trademarks, logos, and service marks (collectively the "Trademarks") used on this site are the property of WNET TELECOM USA Corp. or their respective owners. Nothing contained in this site should be construed as granting by implication, estoppel, or otherwise, a license or right of use of UNLIMITEDFIBER or any other Trademark displayed on the site without the prior written permission of WNET TELECOM USA Corp. or its respective owner.
Consent To Monitoring And Disclosure
WNET TELECOM USA Corp. is under no obligation to monitor the Content and any other information residing on or transmitted to this server. However, anyone using this server agrees that WNET TELECOM USA Corp. may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly or to protect itself and its users. WNET TELECOM USA Corp. reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this site or the network infrastructure and/or data displayed by a person or entity that is not the authorized user of the account is illegal and WNET TELECOM USA Corp. reserves the right to take legal action.
Submission Of Ideas
We welcome your comments about our site, products and services ("Comments"). However, we ask you limit your Comments to your experiences with our site, products and services. Please do not send us any unsolicited creative ideas, suggestions, or materials, including but not limited to creative artwork, samples, feedback, data, answers, questions, comments, suggestions, plans, ideas for new products, promotions, product names, advertising campaigns, technologies or processes ("Ideas"). The Comments and Ideas that you may submit shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by WNET TELECOM USA Corp. for any purpose whatever. Please understand that WNET TELECOM USA Corp. makes no assurances that your Comments and Ideas will be treated as confidential or proprietary. Please also understand that WNET TELECOM USA Corp. shall be free to copy, use, modify, disclose and distribute of your Comments and Ideas without restriction for any purposes whatsoever, commercial or otherwise, without compensation to you.
Disclaimer Of Liability
THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. WNET TELECOM USA Corp. AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WNET TELECOM USA Corp. DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL WNET TELECOM USA Corp. BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT, THIS SERVER OR THE INTERNET GENERALLY.
Any WNET TELECOM USA Corp. material on this server may include technical inaccuracies or typographical errors. THE CONTENT PROVIDED ON THIS SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT GIVEN BY WNET TELECOM USA Corp., ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER WNET TELECOM USA Corp. NOR ITS AFFILIATES WARRANT THAT THE CONTENT ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Disclaimer Of Endorsement
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by WNET TELECOM USA Corp. Product and service information is the sole responsibility of each individual vendor. We encourage you to be aware when you leave our site and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites.
Digital Millenium Copyright Act (DMCA)
Filing a DMCA notice alleging copyright infringement
Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on WNET TELECOM USA Corp. system or network should be promptly sent in the form of written notice to WNET TELECOM USA Corp. Designated Agent:
Designated Agent for DMCA Notices:
WNET TELECOM USA Corp. Copyright Department
Address: 1732 1st Ave #21528, New York, NY 10128
Fax: +1 (646) 781-7417
NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
It is the policy of WNET TELECOM USA Corp. that upon receipt of a valid DMCA notice WNET TELECOM USA Corp. will remove or disable access to the allegedly infringing material.
NOTE: There are substantial penalties for false claims (see 17 U.S.C. § 512(f) - providing sanctions for material misrepresentations of copyright infringement).
Filing a DMCA counter–notification
If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to WNET TELECOM USA Corp. Designated Agent. Specific requirements for a proper counter–notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.Upon receipt of a valid counter–notification, WNET TELECOM USA Corp. will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten (10) days to notify WNET TELECOM USA Corp. that it has filed a lawsuit relating to the allegedly infringing material otherwise WNET TELECOM USA Corp. will restore the removed material or cease disabling access to it.
Upon receipt of a valid counter–notification, WNET TELECOM USA Corp. will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten (10) days to notify WNET TELECOM USA Corp. that it has filed a lawsuit relating to the allegedly infringing material otherwise WNET TELECOM USA Corp. will restore the removed material or cease disabling access to it.
Repeat infringer policy
Pursuant to Section 512 of the DMCA, it is WNET TELECOM USA Corp. policy to terminate the account of
repeat copyright infringers in appropriate circumstances.
How To Report Child Pornography
Child pornography is the depiction of a child under the age of eighteen (18) engaged in sexually explicit behavior. If you see what you believe is child pornography that has been posted by a third party on a WNET TELECOM USA Corp. website or you receive it on your phone in an e-mail or picture message, or download, please immediately contact your local FBI field office or the National Center for Missing and Exploited Children ("NCMEC"). It is important that you do not copy, send, or forward the content unless and until you have been directed to do so by an authorized law enforcement officer. You can find contact information for your local FBI office by visiting the following website:
https://www.fbi.gov/contact-us. To contact NCMEC, please call 1-800-843-5678 (Child Pornography Tipline). You can also file a report online at the following NCMEC website: www.CyberTipline.com
All information posted on the site is subject to change without notice. In addition, these terms and conditions may be changed at any time without prior notice. We will make such changes by posting them on the site. You should check the site for such changes frequently. Your continued access of the site after such changes conclusively demonstrates your acceptance of those changes.
You agree to indemnify, defend and hold harmless WNET TELECOM USA Corp., its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney's fees and costs, arising from, or related to, any breach by you of any of these terms and conditions or applicable law.
Except for trademark and copyright matters governed by the federal laws of the United States, the foregoing provisions shall be governed by and construed in accordance with the substantive laws of the State of Delaware, without regard to the principles of conflict of law thereof.
Services Terms And Conditions
All Services are provided on an "as is" and “as available” basis. Unlimitedfiber doesn`t provide any warranties or level services guarantee for the Services unless otherwise provided.
Unlimitedfiber isn`t liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond Unlimitedfiber's reasonable control.
All Unlimitedfiber's tariff plans for Services are on the site https://unlimitedfiber.com.
Only Unlimitedfiber may determine whether or not such services will be made available.
Unlimitedfiber doesn`t guarantee the eligibility to receive services at a particular location or address.
Subscriber grants Unlimitedfiber and its employees, representatives and/or agents the right to enter Subscriber’s premises and access Equipment (including but not limited to, any cables, wires, amplifiers, cable boxes, access cards, remotes, cable cards, battery backup units, modems, and routers), the wiring within Subscriber’s premises and to install, connect, inspect, maintain, repair, replace, disconnect, remove or alter the Equipment, check for signal leakage, or install or deliver Unlimitedfiber provided hardware (“Equipment”).
Subscriber shall cooperate in providing such access upon request of Unlimitedfiber. If Subscriber is not the owner of the premises Subscriber warrants that Subscriber has obtained the legal authority of the owner to authorize Unlimitedfiber personnel and/or its agents to enter the premises for the purposes described herein.
Subscriber agrees that Unlimitedfiber can lay the cable into the Subscriber`s premises for providing the Services or may use any and all existing facilities necessary to aid in the installation of the Services including risers, conduits, shaft ways, and wiring in and around Subscriber`s premises. If necessary, Unlimitedfiber will drill a wall for cable laying. The Subscriber gives permission to the Unlimitedfiber for such actions and absolves the Unlimitedfiber from all possible consequences from them. It means that Subscriber agrees to be held liable for the cost of repairing or replacing the wiring and device as a result of damage or negligence, agree to reimburse Unlimitedfiber for any costs, including but not limited to: permitting fees, labor, materials, and attorneys’ fees, resulting from the lack of proper authorization for installation.
Subscriber agrees that Unlimitedfiber can place its own Equipment into the Subscriber`s premises for providing the Services.
All Equipment distributed to and/or installed for use in the Subscriber's service location(s) by or on behalf of Unlimitedfiber remains the property of Unlimitedfiber unless otherwise provided.
Unlimitedfiber property is intended to service and reside at the specific service location and is not to be used off premises without Unlimitedfiber authorization. Subscriber must return all Equipment upon substitution of use or termination of Service.
Subscriber agrees to pay an immediately full price of the Equipment if the Equipment is lost (through theft or otherwise), non-returned, damaged or destroyed.
Unlimitedfiber will maintain a local or toll-free telephone number which will be available to its Subscribers 24 hours a day, seven days a week. Unlimitedfiber representatives will be available to respond to Subscriber telephone inquiries during normal business hours. Unlimitedfiber will begin working on service interruptions promptly and in no event later than the next business day after notification of the service problem, excluding conditions beyond the control of the Unlimitedfiber.
a. Equipment exploitation
The Subscriber shall provide necessary technical conditions for the Equipment exploitation, namely:
- Steady electric power for the Equipment, and if necessary – establishment of continuous power resource.
- Installation of the Equipment in dry premises furnished with the necessary number of separate electric power sockets of 110 V.
- Installation of the Equipment in the place allowing the Unlimitedfiber conduct corresponding operational works and routine maintenance.
- Corresponding air temperature in the premises, namely from +5 to +25 degrees Centigrade.
b. Equipment repair
Unlimitedfiber will repair and/or replace defective Equipment, if any, as long as such damage was not caused by misuse or other improper operations or handling by Subscriber. Unlimitedfiber is not responsible for the maintenance or repair of Subscriber-provided equipment and makes no warranties, with respect to Equipment or Service provided by Unlimitedfiber or with respect to the Equipment's compatibility with any Subscriber-provided equipment.
If the damage/failure occurred through the Unlimitedfiber’s fault, the Unlimitedfiber shall bear expenses connected with repair and/or replacement of the Equipment.
If the damage/failure occurred through the Subscriber’s fault, the Subscriber shall compensate for expenses connected with repair and/or replacement of the Equipment, including – visit of the Unlimitedfiber’s specialist to the site of repair according to the Unlimitedfiber’s pricing. In case the Equipment is not subject to the repair, the Unlimitedfiber shall replace the Equipment only after the Subscriber compensates for the replacement of the Equipment.
The Subscriber shall be declared responsible for the failure of the Equipment in the following cases:
- damaged the integrity of seals placed by the manufacturer or the Provider (if such seals were placed);
- the Equipment has visual mechanical or thermal damages; physical or electrical integrity of the connected wires is damaged;
- conditions of the Equipment operation were breached.
Risks of accidental damage of the Equipment (deterioration, loss etc.) shall be born by the Subscriber.
The Demarcation Point
The demarcation point shall mean a port of the Unlimitedfiber`s Equipment in which the Subscriber's equipment cable or wi-fi network is included.
However all wiring or wi-fi network on the subscriber's side of the demarcation point at subscriber's service location, whether installed by Unlimitedfiber or by Subscriber, shall be Subscriber property and not Unlimitedfiber's Equipment, and repair and maintenance for such wiring is the responsibility of Subscriber unless otherwise agreed.
No Warranty, Limitation of Liability
SUBSCRIBER’S USE OF THE SERVICES ARE AT SUBSCRIBER’S OWN RISK. UNLIMITEDFIBER DOES NOT MAKE AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. UNLIMITEDFIBER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
a. Disclaimer of Third Party Actions and Control
Unlimitedfiber does not and cannot control the flow of data to or from the Network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can produce situations in which Subscriber connections to the Internet (or portions thereof) may be impaired or disrupted. Unlimitedfiber cannot guarantee that such situations will not occur and, accordingly, Unlimitedfiber disclaims any and all liability resulting from or related to such events. In the event that Subscriber's use of the Service or interaction with the Internet or such third parties is causing harm to or threatens to cause harm to the Network or its operations, Unlimitedfiber shall have the right to suspend the Service. Unlimitedfiber shall restore Service at such time as it reasonably deems that there is no further harm or threat of harm to the Network or its operations.
b. Personal Injury
Unlimitedfiber will not be liable for any harm or personal injury to Subscriber personnel resulting from any cause, other than Unlimitedfiber's gross negligence or willful misconduct.
c. Damage to Subscriber Equipment
Unlimitedfiber is not liable for damage to, or loss of any of Subscriber Equipment resulting from any cause, other than Unlimitedfiber's gross negligence or willful misconduct and then only in an amount not to exceed the replacement value of the damaged Subscriber Equipment, or the total amount paid by Subscriber to Unlimitedfiber for one month’s service, whichever is lower.
d. Damage to Subscriber Business
In no event will Unlimitedfiber be liable for any incidental, punitive, indirect, or consequential damages (including without limitation any lost revenue or lost profits) or for any loss of technology, loss of data, or interruption or loss of use of Service or any other similar claims by Subscriber or related to Subscriber’s business, even if Unlimitedfiber is advised of the possibility of such damages. Unlimitedfiber will not be liable for any damages or expenses incurred by Subscriber as a result of any deficiency, error, or defect in Unlimitedfiber's service whether due to equipment, hardware, software, or Unlimitedfiber's failure to correct the same.
e. Maximum Liability
Notwithstanding anything to the contrary in this Agreement, Unlimitedfiber's maximum aggregate liability to Subscriber related to or in connection with this Agreement whether under the theory of contract, tort (including negligence), strict liability or otherwise will be limited to the total amount paid by Subscriber to Unlimitedfiber for one month’s service.
f. Subscriber Liability for Users
Subscriber must be at least eighteen years of age to subscribe to Services. Subscriber is responsible for any access, use or misuse of the Services and/or Equipment that may result from access or use by any other person who has access to Subscriber’s premises, equipment or account. Subscriber is responsible for ensuring that all persons who use Subscriber’s subscribed to Services (“Users”) understand and comply with all terms and conditions applicable to the Services.
Subscriber shall not intercept, receive or assist in the interception or receipt of, resell, distribute or duplicate any Services. In no event shall Subscriber use the Services and/or Equipment to engage in any illegal or prohibited activity.
Unlimitedfiber shall not be liable for failure to provide Services during the term hereof due to acts of God, the failure of equipment or facilities not belonging to Unlimitedfiber (including, but not limited to, utility service), denial of access to facilities or rights-of-way essential to serving the Premises, government order or regulation or any other circumstances beyond the reasonable control of the Unlimitedfiber .
Unless otherwise terminated in accordance with the terms hereof, this Agreement shall automatically renew on a month-to-month basis. Subscriber acknowledges that upon such renewal all pricing is subject to change.
Unlimitedfiber reserves the right to terminate this Agreement, disconnect any or all Services, and remove Equipment at any time, in its sole discretion, for any reason, without notice.
Upon termination of any Service, Subscriber will immediately cease use of the Equipment and will pay in full the charges for Subscriber’s use of the Service and all the Equipment through the effective date of termination of the Service.
Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of the State of New York, without regard to principles of conflict of laws. Subscriber agrees that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.
Dispute Resolution Procedure
Parties agree to the following dispute resolution procedure. In the event of any controversy, claim, action, or dispute arising from or related to: Unlimitedfiber’s website or agreements or services or the breach, enforcement, interpretation, or validity of our agreements or any other dispute between Parties, the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the dispute. A notice shall be sent to (1) if to Unlimitedfiber at 1732 1st Ave #21528, New York, NY 10128 or (2) if to Subscriber at Subscriber`s last-used billing address.
Parties agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.
If either party commences legal action to enforce this Agreement, then the prevailing party will be entitled to recover from the losing party its reasonable attorney fees and other fees and costs, including without limitation those of in-house counsel. A court of competent jurisdiction will determine the reasonableness of such fees and costs.
Unlimitedfiber may deliver any required or desired notice to Subscriber by posting the notice on Unlimitedfiber’s web site, or in Subscriber`s personal account, or by sending notice first class U.S. postal mail to Subscriber’s billing address. Subscriber agrees that any one of the foregoing will constitute sufficient notice. Because Unlimitedfiber may from time to time notify Subscriber about important information by such methods, Subscriber agrees to regularly check his or her postal mail and all postings on the Unlimitedfiber web site (www.unlimitedfiber.com) and Subscriber bears the risk of failing to do so. Notices from Subscriber to Unlimitedfiber shall be sent to Unlimitedfiber’s address indicated on the Order.
Subscriber authorizes Unlimitedfiber to make inquiries and to receive information about Subscriber`s credit experiences, including credit report, from others, to enter this information in its file, and to disclose this information concerning you to appropriate third parties for reasonable business purposes.
All representations, warranties, indemnifications, dispute resolution provisions and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination (including legal conditions, payment, and Unlimitedfiber rights and the rights of others).
This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Unlimitedfiber’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. This Agreement may not be assigned or transferred by Subscriber. This Agreement is freely assignable by Unlimitedfiber to third parties.
If any term or condition of this Agreement shall be adjudicated as invalid or unenforceable, the remainder of the Agreement shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
Payment or receipt of such payment doesn`t obligate Unlimitedfiber to provide any Services to a particular location or address.
Unlimitedfiber begins billing for its Services on the day they are installed or otherwise made ready for usage unless otherwise provided.
Unlimitedfiber reserves the right to change own prices and fees from time to time, or to impose new fees, charges, and surcharges, including cost recovery surcharges as permitted by law.
The charges for the first month of Services, including any deposits and installation and Equipment charges, are due upon installation of the Services. The Subscriber must pay the first charge by the 15th day of the month following the current one.
The Subscriber agrees to pay monthly recurring Service charges in advance, including all applicable fees, taxes, regulatory fees, franchise fees, surcharges and other government assessments.
The monthly recurring charge(s) will be billed at the beginning of assigned billing period and each month thereafter unless and until Subscriber cancel this Service(s).
The Subscriber should pay the full invoice placed by the Unlimitedfiber in Subscriber`s personal account by the 15th day of the current month. The Subscriber pays the bank's services.
Suspension and Cancellation
Failure to pay the total balance when due shall constitute a breach of this Agreement and may be grounds for termination of Service and removal of Equipment from Customer’s premises.
Service reconnection fees aren`t charged and Services are restored during 3 hours upon receipt of payment.
The Subscriber may cancel Service(s) for a period up to the last day of the billing period prior to the service period that the Subscriber wishes to cancel, and the cancellation will be effective at the end of the then-current billing period. Payments aren't refunded for the partially used subscription period.
Unlimitedfiber accepts the following Payment Methods: wire transfer, PayPal, merchant services of Bank of America, credit cards: Visa, MasterCard, American Express.
Payment details are indicated on the Unlimitedfiber`s website.
Any adjustment or refund shall be an amount equal to the pro‐rata part of the monthly charges applicable to the interrupted Service and associated Equipment charges for the period of time during which the Service is interrupted.
The adjustment or refund will be accomplished by a credit on a subsequent bill for the Service. Except as otherwise expressly provided in this Agreement, the liability of the Service Parties, their officers, shareholders, directors, employees, affiliates, vendors, sub‐contractors, carrier partners, content provides, agents and other persons or entities involved in providing the Services or Equipment for damages shall in no event, by reason of any delays, interruptions, omissions, errors, failures or defects in installation or service, exceed an amount equal to the Subscriber’s Service charges for a respective Service and associated Equipment fees with regard thereto for a regular billing period (one month).
No credit allowance will be made for:
- Interruptions of Service due to the negligence of or noncompliance with the provisions of the Agreement by Subscriber or any person authorized by Subscriber to use a Service;
- Interruptions of a Service due to the negligence of any person other than Unlimitedfiber including, but not limited to, the other common carriers connected to the Unlimitedfiber’s facilities;
- Interruptions of a Service due to the failure or malfunction of Subscriber owned equipment or third party equipment;
- Interruptions of a Service during any period in which Unlimitedfiber is not given full and free access to its facilities and Equipment for the purpose of investigating and correcting interruptions,
- Interruptions of a Service during a period in which Subscriber continues to use the Service on an impaired basis;
- Interruptions during any period when the interruption is due to implementation of a Subscriber order for a change in Service arrangements;
- Interruptions of a Service due to circumstances or causes beyond the control of Unlimitedfiber.
Limitation of Refund
Unless otherwise provided by applicable law, in the event any amounts owed by Unlimitedfiber to Subscriber are not claimed by Subscriber within one year of the date on which the amount became payable to Subscriber, Subscriber shall forfeit all rights to the refund and all such amounts shall become the property of Unlimitedfiber.
Your Privacy Rights
Scope and Consent
Collection of Personal Information
We collect the following types of personal information in order to provide you with the use of Unlimitedfiber website and to help us personalize and improve your experience.
Information you provide to us: We may collect and store any information you provide us when you use Unlimitedfiber website, including when you add information on a web form, add or update your account information, participate in community discussions, chats, or dispute resolutions, or when you otherwise correspond with us regarding Unlimitedfiber Services. When you use Unlimitedfiber Services, we also collect information about your transactions and your activities. In addition, if you open a Unlimitedfiber account or use Unlimitedfiber Services, we may collect the following types of information:
- Contact information, such as your name, address, phone, email and other similar information.
- Financial information, such as the full bank account numbers and/or credit card numbers that you link to your Unlimitedfiber account or give us when you use Unlimitedfiber Services.
- Detailed personal information such as your date of birth or national ID number.
We may also collect information from or about you from other sources, such as through your contact with us, including our customer support team, your results when you respond to a survey. Additionally, for quality and training purposes or for its own protection, Unlimitedfiber may monitor or record its telephone conversations with you or anyone acting on your behalf. By communicating with Unlimitedfiber, you acknowledge that your communication may be overheard, monitored, or recorded without further notice or warning.
Authentication and Fraud Detection: In order to help protect you from fraud and misuse of your personal information, we may collect information about you and your interactions with Unlimitedfiber Services. We may also evaluate your computer, mobile phone or another access device to identify any malicious software or activity.
When you download or use our mobile applications or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to control or disable location services in the device's setting or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to control or disable location services in the device's setting's menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or the manufacturer of your particular device.
How We Use the Personal Information We Collect
Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information to:
- provide Unlimitedfiber Services and customer support;
- process transactions and send notices about your transactions;
- verify your identity, including during account creation and password reset processes;
- resolve disputes and troubleshoot problems;
- manage risk, or to detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;
- detect, prevent or remediate violations of policies or applicable user agreements;
- improve the Unlimitedfiber Services by customizing your user experience;
- measure the performance of the Unlimitedfiber Services and improve their content and layout;
- manage and protect our information technology infrastructure;
- provide targeted marketing and advertising, provide service update notices, and deliver promotional offers based on your communication preferences;
- contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging, as authorized by our User Agreement.
We may contact you via electronic means or postal mail to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, or as otherwise necessary to service your account. Additionally, we may contact you to offer coupons, discounts, and promotions, and inform you about Unlimitedfiber Services and the services of our corporate family. Finally, we may contact you as necessary to enforce our policies, applicable law, or any agreement we may have with you. When contacting you via phone, to reach you as efficiently as possible we may use, and you consent to receive, auto-dialed or pre recorded calls and text messages. Where applicable and permitted by law, you may decline to receive certain communications.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
If you do not wish to receive marketing communications from us, simply indicate your preference by logging into your account and going to the Notifications section and updating your preferences, or by following the directions that may be provided within the communication or advertisement.
We respect your communication preferences. If you no longer wish to receive notifications via our application, you can adjust your preferences by visiting the settings page of the application.
When you access our website or use Unlimitedfiber Services, we may place small data files on your computer or other devices. These data files may be cookies, pixel tags, "Flash cookies," or other local storage provided by your browser or associated applications (collectively "Cookies"). We use these technologies to recognize you as a customer; customize Unlimitedfiber Services, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our sites and Unlimitedfiber Services.
You are free to decline our Cookies if your browser or browser add-on permits unless our Cookies are required to prevent fraud or ensure the security of websites we control. However, declining our Cookies may interfere with your use of our website.
How We Protect and Store Personal Information
We store and process your personal information on our computers in the USA. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.
How You Can Access or Change Your Personal Information
You can review and edit your personal information at any time by logging in to your account and reviewing your account settings and profile. You can also close your account through the Unlimitedfiber website. If you close your Unlimitedfiber account, we will mark your account in our database as "Closed," but may retain personal information from your account for a certain period of time to collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud, enforce our User Agreement, or take other actions as required or permitted by law.
If you would like to limit the processing of your personal data, please feel free to contact us at the contact details as provided below. Please note, however, that all information requested from you is obligatory to be provided by you unless stated otherwise. Should you fail to provide us with your personal data, we may not be able to process your request for our product and/or services.
How You Can Contact Us About Privacy Questions