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.