Terms for Residential Service

HyperFiber^®, LLC, a Delaware limited liability company, with offices located at 400 Chesterfield Center, Chesterfield, MO 63017.

This is your Customer Service Agreement  with HyperFiber^® LLC . This Agreement sets forth the terms and conditions under which the Applicant will be provided fiber network internet service by HyperFiber^®.

WHEN YOU APPLY OR PAY FOR SERVICE, YOU AGREE TO THE PRICES, TERMS, AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ANY CHANGES IN THE PRICES, TERMS, AND CONDITIONS WHICH MAY BE CHANGED PURSUANT TO THIS AGREEMENT.

1. Billing and Payment.

1. 1. Charges. You agree to pay the charges for the Services provided to you under this Agreement, including, but not limited to monthly service charges and any charges for unreturned Equipment (as defined below). The charges will be made to you according to the pricing schedules which are published on www.Hyperfiber.com. These charges may change from time to time as described hereinafter, and you will be charged the rates which are in effect during the period of Service.
   2. Taxes and Government Fees. You agree to pay all applicable federal, state, and local taxes (however designated) levied upon us and our affiliates in connection with the sale, installation, and use of the Services and other fees that we are charged in connection with governmental charges.
   3. Changes in the Terms of Service and Rates. HyperFiber^® may change the terms of this Agreement and charges for Services from time to time. The effective date of the changes in the terms and the changes in rates will be 30 calendar days after the changes in the terms of Service or the new rates are posted on www.hyperfiber.com. If you do not wish to continue the Services after the changes in this Agreement or to pay new rates, you may terminate your Service by notifying us within 30 calendar days after the new Agreement terms and/or rates are posted, If you continue to use the Services after any change in this Agreement or change in rates you shall be deemed to have accepted the modification(s).
   4. Payment. We require all payments be made by credit card, ACH direct bill or an approved digital wallet. If you provide a credit card number to us, you thereby authorize us to charge that credit card for all amounts payable by you to HyperFiber^®. HyperFiber^® will continue to charge your credit card to pay amounts due to HyperFiber^® until you notify HyperFiber^® in writing that you are withdrawing this authorization. If HyperFiber^® does not receive payment from you or your credit card issuer or its agents by your billing date, your Service may be terminated for nonpayment, without notice.
   5. Billing Errors. Subject to applicable law, if you believe you have been billed any amount in error you must notify us of that error within 60 calendar days of the date on the bill. If you fail to notify us of the error within 60 calendar days, any billing error claimed by you is deemed waived.
   6. Credit Inquiries. You authorize HyperFiber^® to make inquiries and to receive information about your credit experience from others, to enter this information in your file, and to disclose this information concerning you to appropriate third parties for reasonable business purposes.
2.  Type of Service. You agree to use the Services for residential purpose that you have described in your application.
3. No Resale. You agree that you are buying the Services for your own use and that you will not resell or permit another to resell the Service.
4. Legal Purposes. You agree to use the Equipment and Services only for legal and appropriate purposes.
5. HyperFiber^® Equipment, Software and Marks.
   1. Equipment. You acknowledge that the equipment leased to you, including, but not limited to: media converters, ethernet switches, optical network hardware, WiFi devices, physical fiber optic or Ethernet cabling installed along with your Services, and all associated software (collectively referred to as the “Equipment”), is for your exclusive use during your subscription and remains the property of HyperFiber^®.
   2. You agree that you will not allow the Equipment to be serviced by anyone other than HyperFiber^® employees or its agents and you will not relocate Equipment outside your Service Address.
   3. If your Service Address changes, we may, at your request, relocate the Equipment to a new service address, subject to Service availability in that area. Upon request, HyperFiber^® will provide you with information concerning Service availability at a new service address and the
      estimated cost of installing Service at your new Service Address. You will be responsible for the charges incurred for the relocation of your Service.
   4. You agree that you will protect the Equipment and keep the same from being damaged by misuse, weather damage, and damage by pets or animals. If the Equipment is damaged, you are responsible for repair or, if necessary, replacement costs of the Equipment upon termination.
   5. Upon termination, you agree to return the Equipment in good condition except for normal wear and tear, within 14 days. Equipment can be dropped off at a predetermined location.   Or HyperFiber^® employees or agents will pick up the Equipment during normal business hours at your Service location. If you do not make arrangements for the return
      of the Equipment within 14 days or it is damaged, lost, stolen, or destroyed, you will be responsible for the replacement cost of the Equipment.
      1. You will be responsible for any collection fees, attorneys’ fees and court costs incurred by HyperFiber^® to recover amounts due from you.
      2. HyperFiber^® Firmware and Software. The Equipment, including, but not limited to, any firmware or software embedded in the Equipment or used to provide the Services, are protected by trademark, copyright, and other intellectual property laws and international treaty provisions. You are granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. This license will commence upon your acceptance of the Services and will terminate immediately upon the termination of the Services for any reason. HyperFiber^® and its licensors retain all rights and interests in and to any such firmware or software. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the Equipment or used to provide the Services. You expressly agree that you will use the Equipment only and exclusively in connection with the Services. You shall not reverse compile, disassemble, or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
         
   6. You may not use the Services through an interface device not provided by HyperFiber^® without the express written consent of HyperFiber^®. 
   7.  Export Laws. You expressly agree to comply with all applicable export and re-export laws, including, but not limited to, the Export Administration Act, the Arms Export Control Act, and their implementing regulations. You further expressly agree not to use the Services in any way that violates any provisions of these laws or their implementing regulations.
   8. Protection of HyperFiber^® Information and Marks. All Service information, documents, and materials on our website are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, names, service marks, trademarks, trade names, logos, and domain names of HyperFiber^® are and shall remain the exclusive property of HyperFiber^®. Nothing in this Agreement shall grant you the right or license to use any of the same.
   9. Account. You agree to provide us with complete and accurate information on the application for Services and are responsible for keeping your account information up-to-date and for keeping your password secure. You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials.
6. Unauthorized Use of Equipment or Services. You are solely responsible and liable for any activity that occurs under your account all use of the Equipment and Services. Unauthorized use of the Equipment or Services constitutes a violation of federal and state law and a breach of this Agreement. You agree to notify us immediately in writing or by calling our customer service line at during normal business hours if you become aware that the Equipment or Services have been or are being stolen or used without your authorization or of any other breach of security. If you fail to notify us in a timely manner, HyperFiber^® reserves the right to terminate your Services.
7. Maintenance of Customer Equipment. HyperFiber^® shall not maintain or service your or third party’s computers, DVDs, stereos, appliances, televisions, fax machines or other equipment. HyperFiber^® is not responsible for any damages to your equipment including, but not limited to, any software, data, photo or other information used in, transmitted, stored or received by any of your equipment.
8. Service and Maintenance Procedures. In the event of a problem with your Service or Equipment, you agree to contact HyperFiber^® customer service. Depending on the nature of the problem, we may need to schedule an appointment for our service technician to visit your Service Address. We will not charge for service visits if the Equipment or Services caused the problem. You agree to allow HyperFiber^® employees or agents to inspect, repair or replace our Equipment or wiring, both inside and outside the Service Address. In the event that HyperFiber^® determines that the problem was caused by your equipment, your negligence or intentional act, your software, Customer-installed wiring or hardware, or a pet or domestic animal, then HyperFiber^® may charge for the service visit and any repairs or replacement the Equipment. HyperFiber^® reserves the right not to replace the Equipment or Service if a condition exists that will result in further damage to the Equipment until the condition is corrected.
9. LIMITATION OF LIABILITY; INDEMNIFICATION; NO IMPLIED WARRANTIES.
   1. SERVICES “AS IS”; NO IMPLIED WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROVIDED IN PARAGRAPH 9(b) BELOW (WHICH IS YOUR SOLE AND EXCLUSIVE REMEDY), THE GOODS AND SERVICES PROVIDED ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 
   2. EXPRESS WARRANTY. HyperFiber^® WARRANTS THAT IF THERE IS A SERVICE INTERRUPTION CAUSED BY NO FAULT OF YOU, MEMBERS OF YOUR HOUSEHOLD OR GUESTS, THEN HyperFiber^® WILL NOT CHARGE YOU FOR THE PERIOD EXCEEDING 24 HOURS IN THE BILLING CYCLE YOU DID NOT HAVE SERVICE. THE CREDIT WILL BE PRORATED ON A DAILY BASIS WITH A MONTH BEING 30 DAYS AND WILL BE CREDITED AGAINST YOUR NEXT MONTH’S BILL. TO RECEIVE A CREDIT, YOU MUST REQUEST IT WITHIN 30 CALENDAR DAYS OF THE FAILURE. THE FOREGOING IS YOUR SOLE REMEDY FOR A SERVICE INTERRUPTION.
   3. Not Liable For Loss of Business, Profits or Other Loss. You understand and acknowledge that there may be disruptions of your Service from time to time caused by technical failures, equipment failures, software failures, weather, negligence of HyperFiber^® employees, contractors, agents, and third parties. You agree, as a condition of receiving the Service, that HyperFiber^® shall not be liable for any loss of business, goodwill, business reputation, revenues, profits or increased costs or expenses that you or any person utilizing your Service experience. Your sole remedy is the credit as provided in subparagraph (b) above.
   4. Limitations on HyperFiber’s Liability for Third Parties. Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that we may use third parties to provide portions of the Services, including without limitation third party services, equipment, and infrastructure (the “Service Providers”). HyperFiber^® is not responsible for the performance or non-performance of Service Providers’ services, equipment, or infrastructure, whether or not it constitutes components of our Services. Limitations of liability set forth above apply to any acts, omissions, and negligence of HyperFiber^® and the Service Providers which, but for that provision, would give rise to a cause of action in contract, tort, or any other legal doctrine.
   5. Unauthorized Representation. HyperFiber^® shall not be bound by any undertaking, representation, or warranty made by an agent or employee of HyperFiber^® or our Service Providers in connection with the installation, maintenance, or provision of the Services or Equipment, if that undertaking, representation, or warranty is inconsistent with the terms of this Agreement.
   6. Customer’s Indemnification of HyperFiber^®. Except as otherwise expressly set forth in this Agreement, you agree to defend, indemnify, and hold HyperFiber^® and the Service Providers, harmless from claims or damages relating to or arising out of a breach of this Agreement by you or any person authorized by you to use the Services and Equipment, including, but not limited to, any claims or damages arising out of postings made using the Services, defamation, copyright infringement, trademark infringement or other proprietary right infringement.
   7. Security Systems. Certain security systems may not be compatible with the Services. It is your responsibility to ensure your security system is compatible and properly operating using the Services. You agree that HyperFiber^® shall not be responsible for any loss arising from failure of your security systems in conjunction with the Services. Further, you agree to indemnify and hold HyperFiber^® harmless for all claims arising from sudden failure including all expenses incurred by HyperFiber^® related to the defense of any such claims.
   8. Service Interruptions Due to Technical Malfunctions and Force Majeure Events. You understand and acknowledge that there may be interruptions of the Services due to acts of God, war, weather, power failures, equipment failures, or other similar events beyond the control of HyperFiber^®. Neither HyperFiber^® nor the Service Providers shall have any liability, including as set forth in this Section, for interruptions of service due to circumstances beyond their control, or for claims or damages arising from such interruptions. As previously provided, the Equipment and Services are provided “as is,” without warranty of any kind, including the warranties of merchantability or fitness for a particular purpose.
   9. Customer’s Sole Remedies. Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. If any of the above limits are found invalid, the liability of HyperFiber^® and the Service Providers is limited to the extent allowed by law.
   10. HyperFiber’s Access to Customers’ Premises. By entering into this Agreement, you hereby grant to HyperFiber^® an easement on and through your property to construct, install, maintain, inspect, upgrade, extend, expand, remove and/or replace fiber lines, equipment, material and infrastructure including, but not limited to, poles, wires, fiber optic cables, anchors, guys, cross arms, underground fiber optic cables, and other appurtenances for internal, or commercial purposes. Furthermore, as the owner of the premises at which the Services are provided, you will grant HyperFiber^® a perpetual easement, without charge, on and through your premises for the aforementioned purposes. You also hereby grant to HyperFiber^® full right of ingress and egress to, from and over the property in question for doing anything necessary or useful for the enjoyment of the easement hereby granted. If you are not the owner of the premises, you warrant that you have authority to grant such an easement to HyperFiber^® or that you have obtained the consent from the owner of the premises for us to construct, install, maintain, inspect, upgrade, extend, expand, remove and/or replace fiber lines, equipment, material and infrastructure including, but not limited to, poles, wires, fiber optic cables, anchors, guys, cross arms, underground fiber optic cables, and other appurtenances for the aforementioned purposes. In the event that HyperFiber^® is required to seek legal action to recover equipment, you will be responsible for attorneys’ fees, court fees, and litigation expenses. If service interruption is extended due to our inability to gain access to the premise you may be charged for the Services for that additional time.
   11. Security Deposits. You agree that we may require a Security Deposit as a condition of the Services at any time.
   12. Pricing and Payment Terms. Pricing for the Services will be posted on our website www.hyperfiber.com. You agree HyperFiber^® may change the prices it charges for its Services and/or Equipment 30 calendar days after the first time the new charges are posted on www.hyperfiber.com. This Agreement incorporates the rates as are posted on www.hyperfiber.com from time to time. The Service and the Equipment are provided on a month-to-month basis billed as much as one month in advance.
   13. Privacy. HyperFiber^® collects personally identifiable information about its customers. The use and disclosure of this personally identifiable information is governed by HyperFiber’s Privacy Statement and, to the extent not inconsistent with the Privacy Statement, this Agreement. A copy of HyperFiber’s Privacy Statement is available at www.hyperfiber.com. HyperFiber^® will also send you a copy of the Privacy Statement if you send your written request to: HyperFiber^®, 400 Chesterfield Center, Chesterfield, MO 63017. HyperFiber^® reserves the rights to change its Privacy Statement from time to time. If changes are made, they will be posted on www.hyperfiber.com.
   14. Venue and Jurisdiction. HyperFiber^® and you agree that all disputes shall be resolved in the state court located in the county in which service is provided to you. Neither party is entitled to sue the other in any other forum and you agree that venue is proper and will remain in that county.
   15. No Relationship between HyperFiber^® and Other Providers. Nothing in this Agreement creates any joint venture, joint employer, franchisor-franchisee, employer-employee, or principal-agent relationship between HyperFiber and any Service Provider; between HyperFiber and any providers of content, backbone, network, circuit, and other technology or communications; between HyperFiber and any software and other licensors; between HyperFiber and any hardware and equipment suppliers; or between HyperFiber and any other third-party providers of elements of the Services. Nothing in this Agreement shall be interpreted to impose upon HyperFiber and any such companies any obligations for any loss, debt, or other obligation of the other.
10. Termination
    1. Term. The term of this Agreement shall commence on the date you sign the application for service and shall continue thereafter until either you or HyperFiber terminates the Services under this Agreement. After termination, your obligations to HyperFiber under this Agreement for unpaid Services previously rendered, damaged or lost Equipment or other any other liability, shall continue until they are completely satisfied, including, but not limited to, attorneys’ fees and other costs of collection. The Services and Equipment are provided on a month-to-month subscription basis and billed monthly in advance.
    2. Termination by You. You may terminate the Services at any time by notifying HyperFiber during normal business hours via the contact information listed in Section 11(a) below. Once such notice is received and verified by HyperFiber, the termination will be effective at the end of your subscription/billing period and you will remain liable for all Service charges through the end of such period. No refunds will be given for partial months. 
    3. Suspension and Termination by HyperFiber. We may suspend your Services with no notice if you have failed to comply in full with any term of this Agreement, including your obligation to pay.
    4. Your Obligations upon Suspension or Termination. You agree that upon termination or suspension you will (i) immediately cease use of the Services and all Equipment; (ii) pay in full for any amount owed for Services and any damage or loss of Equipment and you will permit us and our employees, agents, contractors, and representatives to access the Service Address during regular business hours to remove the Equipment and other material provided by HyperFiber.
    5. Deletion of Customer Information. HyperFiber and the Service Providers reserve the right both during the term of this Agreement and upon its termination to delete your voicemail, data, files, or other customer information that is stored on HyperFiber or the Service Providers’ servers or systems, in accordance with our storage policies. You understand and acknowledge that we shall have no liability to you or others for the loss or removal of any such voicemail, data, files, or other customer information.
11. Miscellaneous.
    1. How to Contact Us. For any inquiries or notices required in connection with this Agreement, you may contact us (i) via www.hyperfiber.com, (ii) in writing at HyperFiber, 400 Chesterfield Center, Chesterfield, MO 63017.
    2. How you will Receive Notices. HyperFiber may deliver this Agreement or any other communications to you by sending it to you via email at your email address on record, or via U.S. Mail or hand delivery at your billing address on record or your Service Address. The notice will be considered given, after it is emailed to you (with confirmation of delivery) or deposited in the U.S. Mail or hand-delivered to you. HyperFiber may notify you of changes to this Agreement, Service charges or Equipment charges by posting it on ww.hyperfiber.com or in a statement on your bill.
    3. Entire Agreement. This Agreement, your application, the current pricing lists, additional terms and the HyperFiber Customer Privacy Statement can be found at www.hyperfiber.com (all of which are incorporated herein by reference). Those documents constitute the entire agreement of the parties for Services and Equipment.
    4. Acceptance of, Use of, or Payment for Services are Acceptance of Agreement. When you apply or accept Equipment or Services, you agree to the prices as published on HyperFiber’s webpage (www.hyperfiber.com) and all the terms and conditions in this Agreement.
    5. Governing Law. This Agreement shall be construed in accordance with the laws of the state in which service is provided to you, without regard to its conflict of laws rules. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable laws as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of this Agreement shall remain in full force and effect. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.
    6. Assignment. HyperFiber may assign its rights and obligations under this Agreement, without notice, to (i) any affiliate of HyperFiber or (ii) to any party acquiring all or substantially all of the assets of HyperFiber. You may not assign or transfer this Agreement without HyperFiber’s prior written consent, which may be withheld in its sole discretion.
    7. Survival of Limitations. All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.
    8. HyperFiber Rights and Remedies. Nothing contained in this Agreement shall be construed to limit HyperFiber’s rights and remedies available at law or in equity.

1. You Assume the Risk of High-Risk Activities. The Services are not represented as fail-safe. They are not designed for use in situations where error-free or uninterrupted service is essential. You expressly assume the risk of any damages from high-risk activities involving vital communications in which an error or interruption in the Services could lead to material injury to business, persons, property, or the environment.
2. No Tampering with or Relocation of Equipment. You will not service, alter, modify, or tamper with the Services or Equipment, or permit any other person not expressly authorized by HyperFiber to do so. You agree that the ONT (modem) and WiFi Services will only be used at your Service Address appearing in our records. You understand and acknowledge that if you attempt to install or use such Equipment or Services at another location, the Services, may fail to function or may function improperly. If you move the ONT (modem) or Services to another location without complying with Section 6, you do so in violation of this Agreement and at your own risk.

1. General. You are responsible for all internet activity and bandwidth usage originating from the use of the Services at your Service Address. You agree to ensure that use at your Service Address complies fully with this Agreement. You are solely responsible for protecting the confidentiality of your screen names, passwords, PINs, parental controls, and other security measures.
2. Equipment and Software.
   1. Monthly Charges. The monthly charge for the Services will include the Service level you have requested and other Equipment installed at the Service Address.
   2. Installation. HyperFiber or an HyperFiber authorized agent will install the Equipment.
3. Acceptable Use.
   1. Lawful Purposes Only. You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material (including any message or series of messages) that violates or infringes on the rights of others (including copyright), that is unlawful, threatening, abusive, obstructive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
   2. No Resale. You may not use the Services for operation as an ISP or the hosting of websites other than as expressly permitted under this agreement. You may not use any form of transmitter or Wide Area Network (“WAN”) that enables persons outside your Service Address to use the Services, without express written approval and approved application for Services that includes those Services.
   3. Copyrighted Material. The Services provide access to copyrighted material, trademarks and other proprietary information. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material is permitted without the consent of HyperFiber and/or, the third-party copyright owner.
   4. Postings. You shall not upload post or otherwise make available on the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner.
   5. Customer Lists. You give HyperFiber consent to use, distribute, transfer, loan, or otherwise share with other persons or entities user lists which include you as well as aggregate information, so long as it is not contrary to any applicable law or HyperFiber’s Privacy Statement. Aggregate information includes demographic data, usage patterns, preferences, survey data, or other descriptive information which does not disclose the identity of any particular user.
   6. Enforcement of Acceptable Use Restrictions. The provisions of this Section are for the benefit of HyperFiber, the Service Providers, and licensors, and each shall have the right to assert and enforce these provisions directly on its own behalf.
4. Additional Operating Policies and Conditions of Use:
   You shall not impersonate any person on the system or communicate under a false name or a name that you aren’t entitled or authorized to use.
   1. You shall not participate or use the Services in any way to make fraudulent offers of products, items or services.
   2. You shall not mass post the same message to any inappropriate on-line sites (ex., junk e-mail, bombing or spamming).
   3. You shall not post or e-mail scams such as “make-money-fast” schemes or pyramid or chain letters. You shall not engage in these activities using the service of another ISP while channeling such activities through the Services or using the Services as a mail drop for responses.
   4. You shall not use the Services to send unsolicited advertising, promotional material or other forms of unwanted solicitation, except in areas on-line specifically designated for such communications.
   5. You shall not interfere with HyperFiber’s ability to provide Services to others, including, but not limited to, the use of excessive bandwidth, or interfering with other users’ use of the Services.
   6. You shall not knowingly transfer post or transmit files that contain viruses, worms, “Trojan Horses” or any other contaminating or destructive features.
   7. You shall not export software or technical information in violation of United States export control laws.
   8. You shall not perform any activity on the Services that constitutes a criminal offense.
   9. You shall not perform any activity on the Services that constitutes a criminal offense.
   10. You shall not use the Services in any manner that threatens or causes damage to the HyperFiber’s fiber network. (Examples include “spawning” dozens of processes and consuming excessive memory of CPU for long periods.)
   11. You shall not use any form of transmitter, router or WAN that enables persons or entities outside your Service Address to use the Services, whether or not a fee is sought. If you use a wireless network or WiFi within the premises at your Service Address, you must establish and use a secure password or similar means to limit wireless access to the Services to your Service Address.
5. Monitoring Measures. HyperFiber^® reserves the right to monitor customers’ actions when deemed necessary to troubleshoot connectivity problems or determine if there is an abuse of the Internet Services or violation of this Agreement.
6. Violations of Acceptable Use Restrictions. Violations of this Agreement may result in suspension or termination of Services.
7. Investigations. In its sole discretion, HyperFiber^® may initiate an investigation and, in order to prevent further possible unauthorized activity, may suspend access to the Services to the individual account in question. Confirmation of violations may result in termination of the individual account and, in cases of unlawful activity, referral to law enforcement.
8. Enforcement Disclaimer. By publishing these acceptable use restrictions, HyperFiber^® is not assuming any obligation to any customer or third party to take any action related to these restrictions. HyperFiber^® expressly disclaims any liability to any customer or third party for any failure to: (i) monitor or investigate activity on our network, or (ii) enforce these restrictions.
9. HyperFiber^® complies with the Online Copyright Infringement Liability Limitation Act of 1998, 17 USC 512 (the “Act”). As required by the Act, we have a policy that reserves our right to terminate Services to customers who repeatedly infringe copyrights. In the event that we receive a determination that any customer or account holder has infringed another’s copyright through the use of our system or network, we reserve the right to terminate service to that customer after receiving notice of any further copyright infringement by that customer. HyperFiber^® accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.
10. Plans. The Services are offered through different plans. Each plan has limits on the maximum throughput rate at which customers should expect to be able to send and receive data at any time. You must report any anomalous traffic to HyperFiber^® within 5 calendar days. If such traffic is reported promptly and resulted from circumstances outside your control, such as a computer virus, spam attack, or a denial of service attack, HyperFiber^® may, at its discretion, confirm the source of the problem and deduct the bandwidth from your usage statistic. You agree that HyperFiber^® may use technical means, including, but not limited to, suspending or reducing the speed of your Services, to ensure quality of service to other customers. You agree that HyperFiber^® has the right to monitor your usage patterns to facilitate the provision of the Services and to ensure your compliance with this Agreement and any additional terms of use found at www.hyperfiber.com. HyperFiber^® may take such steps as it determines appropriate in the event that your usage of the Services does not comply with this Agreement or any additional terms of use found at www.hyperfiber.com.
11. Service, Speeds and Availability. You understand and agree that the actual throughput rate you may experience at any time will vary based on numerous factors, including, but not limited to, the condition of wiring at your location, computer configurations, Internet and Fiber Network congestion and management, the time of day at which the Services is used, and the website servers you access. You agree that any unavailability or impairment of the Services is not a basis for a demand for a refund or credit or any claim against HyperFiber^®. You agree to cooperate with HyperFiber^® in connection with any remote or on-site service level verification or troubleshooting.
12. Monitoring. HyperFiber^® shall have the right, but not the obligation, to monitor the content of the Services, including, but not limited to, chat rooms, bulletin boards and forums, in order to determine compliance with this Agreement and any operating rules established by HyperFiber^®. HyperFiber^® shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, HyperFiber^® shall have the right to remove any material that HyperFiber^®, in its sole discretion, finds to be in violation of the provisions hereof or any operating rules established by HyperFiber^®, or otherwise to be objectionable (including, but not limited to, indecent or obscene words or material; obstructive or disruptive communications; and epithets and the like). Under no circumstances, however, does HyperFiber^® undertake any obligation to review or determine the acceptability or accuracy of any customer postings.