Terms and Conditions / Policies

JumpFiber strives to provide our customers information that’s accessible and easy to understand. The links below provide you accesses to JumpFiber’s current policies and agreements.

JumpFiber Business General Terms and Conditions

JumpFiber Business High-Speed Internet Terms and Conditions

JumpFiber Business User Acceptance Policy

JumpFiber Business Service Agreement

 

JumpFiber Business General Terms and Conditions

The customer identified on a work order (“Customer“) hereby acknowledges and agrees to this JumpFiber Business Services Agreement (“Services Agreement“) with respect to any non-residential service(s) ordered by Customer and provided by JumpFiber Business under this Service Agreement (“Services“). This Services Agreement includes all service-specific terms of service (“Service Terms“), and other documents identified hereunder that may be found at https://jumpfiber.com/policies, including without limitation the JumpFiber Business Privacy Policy, each of which are incorporated herein by reference and as may be updated from time to time. The Service Terms further describes JumpFiber Business’ Services and set forth additional terms and conditions for each applicable Service. For purposes of this Services Agreement, all references to “JumpFiber Business” mean JumpFiber, LLC and any of its affiliates or subsidiaries providing Customer the Services (including third parties JumpFiber Business may retain to provide the Services). Customer and JumpFiber Business may be referred to collectively as the “Parties” or each individually as a “Party”.

Customer’s signature on the work order presented upon installation of Services, Customer’s use of Services, and/or any other form of signature or action indicating intention to use (e.g., online acceptance, e-signature or breaking the seal on the box of a self-installation kit) are evidence of Customer’s agreement to this Services Agreement. JumpFiber Business may change its prices, fees, the Services, and/or the Service Terms. Customer’s continued use of the Services after notice of the change shall be considered Customer’s acknowledgement and acceptance of the changes, and the most-recent version of this Service Agreement Controls Customer’s relationship with JumpFiber Business and JumpFiber Business’ provision of Services to Customer. The current version of the Service Agreement and all incorporated documents may be found at https://jumpfiber.com/policies. Customer may not modify this Services Agreement, the Service Terms, or the JumpFiber Business Privacy Policy by making any typed, handwritten, or any other changes to it for any purpose. This is a binding legal document. If a portion of the Services is terminated, or any aspect of it is changed, any remaining Service or replacement Service will continue to be governed by this Services Agreement.

BY AGREEING TO THIS SERVICES AGREEMENT, CUSTOMER ACKNOWLEDGES THAT: (1) THE SERVICES AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, WHICH PROVIDES THAT THE PARTIES DESIRE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICES AGREEMENT THROUGH ARBITRATION; AND (2) BY AGREEING TO ARBITRATION, CUSTOMER IS GIVING UP VARIOUS RIGHTS, INCLUDING THE RIGHT TO TRIAL BY JURY AND TO BRING CLAIMS AS CLASS ACTIONS.

GENERAL

1. TERM. The Services Agreement shall be effective upon the earlier to occur of: (a) the latest date of the signatures of the Parties; or (b) JumpFiber Business’ commencement of performance (the “Effective Date“). The Services Agreement shall remain in effect for so long as JumpFiber Business provides any Services to Customer (the “Term“).
2. SERVICES. Customer shall request Services hereunder by submitting orders in a manner required by JumpFiber Business. JumpFiber Business may accept a service request either by: (a) JumpFiber Business’ delivery of the Services, (b) JumpFiber Business’ shipment to Customer of a self-installation kit, or (c) commencement of installation. JumpFiber Business shall provide the Services to Customer at the address(es) where JumpFiber Business Installs Services or ships a self-installation kit (“Service Location(s)“).
3. ORDER TERM. The “Order Term” is one (1) month starting on the date the Services are functional in all material respects and available for use (the “Billing Start Date“), and shall continue on a month-to-month basis, unless either JumpFiber Business or Customer elects to not renew the Services by notice provided to the other at least thirty (30) days in advance of the expiration of the then-current Order Term.
4. AVAILABILITY OF FACILITIES. Customer understands that certain Services may not be available in all JumpFiber Business service areas and JumpFiber Business may decline to provide any requested Services. JumpFiber Business’ ability to provide Services depends upon its ability to secure and retain, without unreasonable expense, suitable facilities, and rights to construct and maintain necessary facilities such as pole attachments and conduits to serve the Service Location. JumpFiber Business may decline to accept a request for Services or terminate Services upon notice to Customer because of: (a) the lack of transmission medium, transmission capacity or any other facilities or equipment, (b) the lack of available services from or interconnection with the services or facilities of other providers, or (c) any other cause beyond JumpFiber Business’ control.
5. SERVICE LOCATION ACCESS AND INSTALLATION.
   • a. Access. JumpFiber Business requires reasonable access to each Service Location at any time throughout the Term as necessary for JumpFiber Business to provide the Services and to review, install, inspect, maintain, repair, or remove any JumpFiber Business-provided cabling, Routers, related splitters, routers or other equipment (“JumpFiber Business Equipment“) used to provide the Services. If Customer owns or controls the Service Location(s), Customer hereby grants JumpFiber Business permission to enter the Service Location(s) in order for JumpFiber Business to fulfill its obligations and exercise its rights under the Services Agreement. If a Service Location is not owned or controlled by Customer, Customer will obtain, with JumpFiber Business’ reasonable assistance, appropriate right of access. If such right of access for JumpFiber Business is not obtained by either Party, then JumpFiber Business may decline Customer’s request for Services with respect to the Service Location that JumpFiber Business cannot access, without any liability to Customer.
   • b. Installation Review. JumpFiber Business may perform an installation review of each Service Location prior to installation of the Services to determine serviceability or the need to extend JumpFiber Business’ facilities, fiber optic cable, electronics, or other equipment (collectively, the “Network“) to provide the Services at the Service Location. If during the installation review, JumpFiber Business determines that additional work is required to enable JumpFiber Business to deliver the Services to the Service Location, JumpFiber Business will notify Customer of any additional Service Charges in excess of the amounts previously specified in a quote or work order. Upon request, Customer shall provide JumpFiber Business with accurate site and/or physical network diagrams or maps of a Service Location, including electrical and other utility service maps, prior to the installation review.
   • c. Site Preparation. Customer shall be responsible for necessary preparations at the Service Location(s) for delivery and installation of JumpFiber Business Equipment and the installation and ongoing provision of Services, including the relocation of Customer’s equipment, furniture and furnishings as necessary to access the JumpFiber Business Equipment or Services. In addition, Customer shall provide JumpFiber Business with floor space, other space, and clean power as is reasonably necessary for the installation and operation of JumpFiber Business Equipment at the Service Location(s). Customer shall not charge JumpFiber Business, and shall ensure that JumpFiber Business does not incur, any fees or expenses whatsoever in connection with Customer’s provision of space, power, or access as described herein, or otherwise in connection with Customer’s performance of its obligations pursuant to this section; and any such fees or expenses charged by any other end user accessing or using the Services shall be borne solely by Customer.
   • d. Installation. JumpFiber Business will schedule one or more installation visits with Customer. At the Customer’s request, JumpFiber Business may perform installation or maintenance on weekends or times other than during normal business hours; provided, however, Customer may be assessed reasonable, additional Service Charges based on JumpFiber Business’ actual incurred labor, material or other costs for such non-routine installation or maintenance. Customer’s authorized representative must be present during installation. JumpFiber Business shall use commercially reasonable efforts to make the Services available by the estimated service start date. JumpFiber Business shall not be liable for any damages whatsoever resulting from delays in meeting the estimated service start date due to delays resulting from normal installation procedures or events beyond JumpFiber Business’ control. Examples of delays of installation include, without limitation, delays in obtaining necessary regulatory approvals for construction, delays in obtaining right-of-way approvals, delays in actual construction work being done by JumpFiber Business’ vendor(s), and any delays due to any other provider(s) where JumpFiber Business is relying upon such provider(s) to meet such estimated due date which is beyond JumpFiber Business’ control. In addition, if JumpFiber Business is unable to install the Service in accordance with the agreed upon schedule as a result of: (i) Customer’s (or any End User’s) failure to deliver any required materials, support or information to JumpFiber Business; (ii) Customer’s (or any End User’s) failure to provide access to a Service Location; or (iii) JumpFiber Business not being able to obtain access to equipment or software at the Service Location as necessary for installation of the Service, then Customer shall pay JumpFiber Business a Service Charge at JumpFiber Business’ then-prevailing rates for any installation trip made by JumpFiber Business and an additional Service Charge for each subsequent trip necessary to perform the Service installation. If during the course of installation JumpFiber Business determines additional work is necessary to enable JumpFiber Business to deliver the Services to the Service Location, JumpFiber Business will notify Customer of any additional Service Charges in excess of the amounts previously specified in a quote or work order. If Customer does not agree to pay such Service Charges, Customer and JumpFiber Business shall each have the right to terminate the Services. JumpFiber Business may act as Customer’s agent for ordering access connection facilities provided by other providers or entities when authorized by Customer to allow connection of a Service Location to the Network. Customer shall perform interconnection of the Services and JumpFiber Business Equipment with any Customer-provided or End User equipment (collectively, “Customer Equipment“), unless otherwise set forth in any Service Terms or agreed in writing between the Parties, and shall conform its Customer Equipment and software, and ensure that each End User conforms its equipment and software, to the technical specifications for the Service provided by JumpFiber Business. JumpFiber Business shall be responsible for reasonable restoration efforts necessary to address any displacement resulting from excavation and for those damages directly caused by JumpFiber Business’ faulty workmanship or installation of the Service, provided that the boring of holes or insertion of fasteners through the surface of walls for attachment of peripheral equipment will not be deemed damages but rather part of normal workmanship. If the installation and maintenance of Services at the Service Locations is or becomes, in JumpFiber Business’ sole opinion, hazardous or dangerous to JumpFiber Business’ employees or Network, the public, or property, including without limitation due to the presence of asbestos or other hazardous materials, JumpFiber Business may refuse to install and maintain such Service or stop providing Services until such time as the condition is remedied or an alternative Service Location is designated that is not hazardous or dangerous. Customer shall bear any additional costs incurred by JumpFiber Business arising from any such hazardous or dangerous conditions.
6. EQUIPMENT.
   • a. Equipment Responsibilities and Safeguards. JumpFiber Business shall use commercially reasonable efforts to maintain and secure the JumpFiber Business Equipment used by JumpFiber Business to provide Services to Customer. Except as otherwise provided in this Services Agreement, Customer shall be responsible for the maintenance or repair of any cable, electronics, structures, equipment or materials owned or provided by Customer. Customer shall not cause any third party to, move, modify, disturb, alter, remove, relocate to another Service Location, install software not provided by JumpFiber Business, or otherwise tamper with any portion of the JumpFiber Business Equipment without the prior consent of JumpFiber Business. Customer shall be responsible for loss or damage to the JumpFiber Business Equipment while at Customer’s or an End User’s facilities. Customer shall also ensure that all JumpFiber Business Equipment at Customer’s and End Users’ Service Location(s) remains free and clear of all liens and encumbrances.
   • b. Customer Security Responsibilities. Customer shall be responsible for all access to and use of the Service, including whether or not Customer has knowledge of or authorizes such access or use. Customer shall be responsible for the implementation of reasonable security measures and procedures with respect to use of and access to the Service Location, Service, and JumpFiber Business Equipment. Customer shall secure and maintain any and all Customer Equipment, including, but not limited to, Private Branch Exchanges (including other non- JumpFiber Business switches, collectively, “PBXs“), where applicable, and any applications accessible through use of Customer Equipment, and shall be solely responsible for any conduct through and any charges incurred on Customer’s Service account, regardless of whether such activity or charges are authorized by Customer management or involve fraudulent activity until such time as Customer informs JumpFiber Business of any fraudulent or unauthorized access. Without limiting Customer’s responsibilities, JumpFiber Business has the right to implement reasonable measures to track, manage, and secure the connection between any Customer Equipment or applications used by Customer, End Users, or any third party who accesses the Customer Equipment and the JumpFiber Business Network, including without limitation authentication or other security access procedures. JumpFiber Business may suspend any affected Services if JumpFiber Business discovers or becomes aware of any breach or compromise of the security of any Customer Equipment, Service, Service Location, JumpFiber Business Equipment, or connection to the JumpFiber Business Network.
   • c. Equipment Return, Retrieval, Repair and Replacement. Immediately upon termination of this Services Agreement, or Service(s) (“Termination“): (i) at the discretion of JumpFiber Business, Customer shall return, or allow JumpFiber Business to retrieve, the JumpFiber Business Equipment in the condition in which the JumpFiber Business Equipment was received, subject to ordinary wear and tear; and (ii) promptly cease all use of and return to JumpFiber Business any software provided by JumpFiber Business (“Software“). Failure of Customer to return or allow JumpFiber Business to retrieve the JumpFiber Business Equipment within fifteen (15) days after Services are terminated will result in a charge to Customer’s account equal to either JumpFiber Business’ applicable unreturned equipment charge or the retail cost of replacement of the unreturned JumpFiber Business Equipment. If applicable, Customer shall pay for the repair or replacement of any damaged JumpFiber Business Equipment, except such repairs or replacements as may be necessary due to normal and ordinary wear and tear or material or workmanship defects, together with any costs incurred by JumpFiber Business in obtaining or attempting to regain possession of JumpFiber Business Equipment.
7. STANDARD PAYMENT TERMS. Customer shall pay recurring and non-recurring charges, taxes, and fees for the Services and other applicable charges as described in this Services Agreement (collectively, “Service Charges“).
   • a. Charges. JumpFiber Business invoices for monthly recurring charges (MRC’s) specific to the Service(s), plus applicable taxes, fees, and surcharges (“MRCs“), in advance on a monthly basis. JumpFiber Business invoices for non-recurring, one-time charges (“OTCs“) for construction or installation charges after the Billing Start Date. All other charges, including usage-based charges (e.g., phone usage, equipment, pay-per view charges), will be invoiced monthly in arrears. Service Charges are payable within thirty (30) days after the date appearing on the invoice. JumpFiber Business will not defer any charges while Customer awaits reimbursement, subsidy, discount or credit from any third party or government entity, and Customer shall have the obligation to pay all charges regardless of the status of any such reimbursement, subsidy, discount or credit. If JumpFiber Business fails to present a Service Charge in a timely manner, such failure shall not constitute a waiver of the charges for the Services to which it relates, and Customer shall be responsible for and pay such Service Charges when invoiced in accordance with these payment terms. JumpFiber Business shall have the right to increase MRCs for each Service after the initial order for such Service upon thirty (30) days’ notice to Customer.
   • b. Taxes, Surcharges, and Fees. Customer shall pay all applicable taxes, fees, or surcharges imposed on or in connection with the Services or products that are the subject of this Services Agreement, including but not limited to applicable federal, state, and local sales, use, property, excise, telecommunications, or other taxes, franchise fees, federal and state universal service fund fees, and other state or local governmental charges or regulatory fees, excluding income taxes measured on JumpFiber Business’ net income. If a Customer wishes to claim tax-exempt status, then Customer must supply JumpFiber Business with a copy of Customer’s tax exemption certificate or other documentation supporting Customer’s certification of its entitlement to such exempt status within fifteen (15) days of installation of applicable Services. If Customer supplies such documentation after that time, JumpFiber Business will apply it to Customer’s account on a prospective basis, allowing JumpFiber Business at least thirty (30) days for processing. To the extent such documentation is held invalid for any reason, Customer agrees to pay or reimburse JumpFiber Business for any tax or fee not collected or liability incurred, including without limitation related interest and penalties arising from JumpFiber Business’ reliance on such invalid certificate or documentation. Customer hereby consents that JumpFiber Business may disclose such written documentation, which may include a tax exemption form, to any governmental authority. Tax-exempt status shall not relieve Customer of its obligation to pay applicable franchise fees or other non-tax fees and surcharges since the application of such fees and surcharges may not be governed by the tax standing of Customer. JumpFiber Business reserves the right, from time to time, to change the surcharges for Services under this Services Agreement to reflect incurred costs, charges, or obligations imposed on JumpFiber Business to the extent permitted, required, or otherwise not prohibited under applicable law (e.g., universal service fund charges). Furthermore, JumpFiber Business shall have the right to collect or recover from Customer the amount of any state or local fees or taxes arising as a result of this Services Agreement, which are imposed on JumpFiber Business or its services, or otherwise assessed or calculated based on JumpFiber Business’ receipts from Customer that JumpFiber Business is entitled under applicable law to pass through to or otherwise charge Customer for Customer’s use or receipt of the Services. Such fees or taxes shall be invoiced to Customer in the form of a surcharge included on Customer’s invoice.
     
     To the extent that a dispute arises under this Services Agreement as to which Party is liable for fees or taxes, Customer shall bear the burden of proof in showing that the fee or tax is imposed upon JumpFiber Business’ net income. This burden may be satisfied by Customer producing written documentation from the jurisdiction imposing the fee or tax indicating that the fee or tax is based on JumpFiber Business’ net income. Customer acknowledges that currently, and from time to time, there is uncertainty about the taxability or regulatory classification of some of the Services JumpFiber Business provides and, consequently, uncertainty about what fees, taxes and surcharges are due to or from JumpFiber Business or from its customers. Customer agrees that JumpFiber Business has the right to determine, in its sole discretion, what fees, taxes and surcharges are due and to collect and remit them to the relevant governmental authorities, or to pay and pass them through to Customer. Customer hereby waives any claims it may have regarding JumpFiber Business’ collection or remittance of such fees, taxes, and surcharges.
   • c. Change Requests. Any charges associated with Service and Equipment installations, changes, or additions requested by Customer for the applicable Service Location are the sole financial responsibility of Customer. JumpFiber Business shall notify Customer of any additional OTCs and/or adjustments to MRCs associated with or applicable to such Customer change requests prior to making any such change. Customer’s failure to accept such additional charges within five (5) business days of receiving such notice shall be deemed a rejection by Customer, and JumpFiber Business shall not be liable to perform any work giving rise to such charges. For accepted charges, Customer shall be assessed such additional OTCs and/or adjustments of the MRCs either: (i) in advance of implementation of the change request or (ii) beginning on Customer’s next and/or subsequent invoice(s).
   • d. Site Visits and Repairs. If a service call initiated by Customer causes JumpFiber Business to visit a Service Location to respond to such service call, and JumpFiber Business reasonably determines that the cause of such service call is not due to a problem arising from JumpFiber Business’ Network or JumpFiber Business Equipment, but rather is due to Customer Equipment or facilities, or a third party not under JumpFiber Business’ control or direction, then JumpFiber Business may invoice Customer for the service call at JumpFiber Business’ then-prevailing commercial rates, plus any charges for JumpFiber Business Equipment repair or replacement as a result of Customer or third party damage that may be necessary.
   • e. Invoicing Disputes; Late and Collection Fees. Customer must provide notice to JumpFiber Business of any disputed charges within sixty (60) days of the invoice date on which the disputed charges appear for Customer to receive any credit that may be due. Customer must have and present a reasonable basis for disputing any amount charged. Undisputed amounts not paid within thirty (30) days of the invoice date shall be past due and subject to a late fee up to the lesser of 1.5% of the MRC per month or the maximum amount permitted by law. If Services are suspended due to late payment, JumpFiber Business may require that Customer pay all past due charges, a reconnection fee, and one or more MRCs in advance before reconnecting Services. JumpFiber Business may charge a reasonable service fee for all returned checks and bank card, credit card or other charge card charge-backs. Customer shall be responsible for all expenses, including reasonable attorney fees and collection costs, incurred by JumpFiber Business in collecting any unpaid amounts due under this Services Agreement. JumpFiber Business may apply any amounts paid by Customer first to any delinquent JumpFiber Business account(s).
   • f. Credit Verification. JumpFiber Business shall have the right to verify Customer’s credit standing at any time. Additionally, JumpFiber Business may at any time require Customer to make a deposit and/or advance payment. The deposit requested will be in cash, the equivalent of cash, or a bank, credit card or account debit authorization and does not relieve Customer of the responsibility for the prompt payment of invoices when due. JumpFiber Business may deduct amounts from the deposit, bill any bank or credit card provided, or utilize any other means of payment available to JumpFiber Business, for past due amounts.
   • g. Bundled Pricing. If Customer has selected a bundled offer, meaning a discounted MRC for receiving more than one JumpFiber Business Service (“Bundle“), then the following conditions shall apply:
     • i. In consideration for Customer’s purchase of all Services in the Bundle, and only with respect to that period of time during which Customer continues to purchase the specific Services in such Bundle and during which such Bundle is in effect, the correlating discount to the Services in such Bundle, ordered pursuant to the JumpFiber Business program governing such Bundle, will be reflected in the MRC for the respective Services.
     • ii. Upon Termination by Customer, for any reason other than a JumpFiber Business Default, of any Service component of the applicable Bundle, the pricing for the remaining Service(s) shall revert to JumpFiber Business’ unbundled pricing for such Service(s) in effect at the time of Termination. Termination liability applicable to the Services under this Services Agreement shall otherwise remain unchanged.
8. SUPPORT. JumpFiber Business shall provide contact information for inquiries and remote problem support for the Services. All such Customer support shall be provided only to Customer’s designated personnel or as mutually agreed upon by JumpFiber Business and Customer. Customer is responsible for all communications and support for its End Users. Customer shall provide routine operational support for JumpFiber Business Equipment located at a Service Location, including without limitation, by performing reboots as requested by JumpFiber Business. Customer is responsible for the installation, repair and use of Customer Equipment, including without limitation, Customer-supplied third-party hardware or software for the use of Services or third-party services. JumpFiber Business does not support third party hardware or software used in conjunction with third party services or supplied by Customer. Any questions concerning third party hardware or software should be directed to the provider of that product. JumpFiber Business assumes no liability or responsibility for the installation, maintenance, compatibility or performance of third party software, or any Customer Equipment or Customer-supplied software with the Services. If such third-party equipment or software impairs the Services, Customer shall continue to pay all applicable Service Charges. If, at Customer’s request, JumpFiber Business should attempt to resolve difficulties caused by such third-party equipment or software, such efforts shall be performed at JumpFiber Business’ discretion and subject to Service Charges as set forth in Section 7(d).
9. CUSTOMER REPRESENTATIONS AND OBLIGATIONS.
   • a. Representations. Customer represents and warrants to JumpFiber Business that: (i) Customer has the authority to execute, deliver and carry out this Services Agreement, and (ii) its End Users and any person who accesses any Services at the Service Location, will use the Service and Network for Customer’s internal business purposes and will comply with this Services Agreement.
   • b. No Reselling. Customer shall not resell or redistribute (whether for a fee or otherwise) access to the Service(s) or system capacity, or any part thereof, in any manner other than for Customer’s internal business without the express prior consent of JumpFiber Business, including without limitation, any use to provide services for the benefit of, or on behalf of, any third party other than Customer or its End Users.
   • c. No Illegal Purpose or Unauthorized Access. Customer shall not use or permit End Users or third parties to use the Service(s), including the JumpFiber Business Equipment and Software, for any illegal purpose, or to achieve unauthorized access to any computer systems, software, data, or other copyright or patent protected material.
   • d. No Interference. Customer shall not interfere with or cause technical difficulties for other customers’ use of equipment or Services or interfere with or disrupt the JumpFiber Business Network, backbone, nodes or other Services. Customer shall not install any equipment, including without limitation, any antenna or signal amplification system, at the Service Location that interferes with the Services.
   • e. Applicable Laws. With respect to Customer’s and End Users’ use of the Service (including the transmission or use of any content via the Service), Customers shall comply and shall ensure that its End Users comply, with all applicable laws and regulations in addition to this Services Agreement. JumpFiber Business shall have the right to audit Customer’s use of the Service remotely or otherwise, to ensure compliance with this Services Agreement.
   • f. Acceptable Use. As between the Parties, Customer is solely responsible for: (i) all use (whether or not authorized) of the Service by Customer, any End User or any unauthorized person or entity, which use shall be deemed Customer’s use for purposes of this Services Agreement, (ii) all content that is viewed, stored or transmitted via the Service, as applicable, and (iii) all third-party charges incurred for merchandise and services accessed via the Service, if any. Customer shall not use, or allow the Services to be used, in any manner that would violate the applicable JumpFiber Business Acceptable Use Policies or that would cause, or be likely to cause, JumpFiber Business to qualify as a “Covered 911 Service Provider” as defined in 47 C.F.R. §12.4 or any successor provision of the rules of the Federal Communication Commission. For avoidance of doubt, Customer and JumpFiber Business agree that any failure to satisfy the covenants set forth in the preceding sentence shall constitute a material breach of this Services Agreement.
   • g. Consent to Phone Calls. JumpFiber Business may call or text Customer or authorize others to call or text Customers on its behalf including but not limited to at any number Customer provides to JumpFiber Business (or that JumpFiber Business issues to Customers) for any purpose, including marketing JumpFiber Business’ services. If Customer’s numbers are included on state or federal “do not call” lists, JumpFiber Business will not call or text Customer for marketing purposes, but still may call or text Customer or authorize others to do so for non-marketing purposes. Customer is responsible for charges for incoming text messages on Customer’s wireless phone(s).
   • h. Robo-Calls. JumpFiber Business (or persons acting on JumpFiber Business’ behalf) shall have the right and Customer hereby authorizes JumpFiber Business to use automated dialing systems or artificial or recorded voices to contact Customers or leave Customers messages if the call goes to voicemail.
   • i. Other Notices. Subject to applicable law, Customer authorizes JumpFiber Business to provide other notices to Customer using any method JumpFiber Business determines appropriate, including by electronic means (for example, email or online posting).
10. PERFORMANCE. Unless otherwise set forth in any Service Terms or service level agreement, JumpFiber Business will use commercially reasonable efforts to provide the Services to Customer twenty-four (24) hours per day, seven (7) days per week. It is possible, however, that there will be interruptions of Service. The Service may be unavailable from time-to-time either for scheduled or unscheduled maintenance, technical difficulties, or for other reasons beyond JumpFiber Business’ reasonable control. Temporary service interruptions or outages for such reasons, as well as service interruptions or outages caused by Customer, its agents and employees, or by a Force Majeure Event, shall not constitute a failure by JumpFiber Business to perform its obligations under this Services Agreement.
11. MONITORING, EQUIPMENT UPGRADES AND NETWORK MODIFICATIONS. JumpFiber Business has the right, but not the obligation, to upgrade, modify, and enhance the JumpFiber Business Network and the Service and take any action that JumpFiber Business deems appropriate to protect or improve the Service and its facilities. JumpFiber Business shall have the right, but not the obligation, to monitor, record, and maintain oral communications with Customer regarding Customer’s account or Services for the purpose of service quality assurance or as permitted under applicable law.
12. DEFAULT, SUSPENSION OF SERVICE, AND TERMINATION.
    • a. Default. A Party shall be in default under this Services Agreement if it has failed to comply with this Services Agreement or any Service Terms, including without limitation the obligation to pay any amounts due, and such Party fails to correct each such noncompliance within thirty (30) days of receipt of notice from the non-defaulting Party describing in reasonable detail the default or noncompliance (“Default“).
    • b. Mutual Termination Rights. Either Party may terminate the Services or this Services Agreement if: (i) the other Party is in Default; (ii) the other Party liquidates, is adjudicated as bankrupt, makes an assignment for the benefit of creditors, invokes any provision of law for general relief from its debts, initiates any proceeding seeking general protection from its creditors; or (iii) JumpFiber Business learns that the costs to deliver the Services to the Service Location shall require a material increase in the Service Charges and Customer does not agree to pay such additional Service Charges.
    • c. Termination for Convenience by Customer. Notwithstanding any other term or provision in this Services Agreement, Customer may terminate the Services at any time upon thirty (30) days prior notice to JumpFiber Business, subject to payment of all outstanding amounts due, and the return of any JumpFiber Business Equipment.
    • d. JumpFiber Business’ Right to Suspend. JumpFiber Business shall have the right, at its option, without prior notice, and in addition to any other rights of JumpFiber Business expressly set forth in this Services Agreement and any other remedies it may have under applicable law to suspend Services if Customer fails to comply with any applicable laws or regulations or this Services Agreement, or if Customer or its End Users’ use of the Service is determined by JumpFiber Business, in its sole discretion, to result in a material degradation of the JumpFiber Business Network until Customer remedies any such noncompliance or degradation. Any suspension shall not affect Customer’s on-going obligation to pay JumpFiber Business any amounts due under this Services Agreement. If JumpFiber Business suspends any Service, JumpFiber Business may require the payment of reconnect or other charges before restarting the suspended Service. If Customer has more than one JumpFiber Business account, all JumpFiber Business-provided services at all locations may be subject to suspension or termination in the event any account remains unpaid or is otherwise in Default.
    • e. JumpFiber Business’ Additional Rights to Terminate: JumpFiber Business may terminate the Services and/or this Services Agreement if:
      • i. The information required in the application process and provided by Customer to JumpFiber Business is or becomes incorrect, absent or incomplete;
      • ii. Customer threatened or harassed any JumpFiber Business employee, agent, contractor or representative;
      • iii. The amount of technical support required to be provided to Customer is excessive as determined in the sole discretion of JumpFiber Business.
    • f. No Liability. Customer further agrees that in the event of termination by JumpFiber Business pursuant to this Section 13, JumpFiber Business shall have no liability to Customer.
    • g. Payment of Service Charges. Upon Termination, Customer must pay all Services Charges then due for Services provided through the effective date of Termination.
    • h. Survival. The provisions of sections 6(c), 7(b), 7(e), 13(e), 13(f), 14, 15, and 18-22 and the Service Terms shall survive the termination or expiration of this Services Agreement.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
    • a. DISCLAIMER OF WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE AND JUMPFIBER BUSINESS EQUIPMENT, AND USES THE SAME AT ITS OWN RISK, AND FOR ACCESS TO AND SECURITY OF CUSTOMER’S EQUIPMENT AND CUSTOMER’S NETWORK. JUMPFIBER BUSINESS EXERCISES NO CONTROL OVER AND HAS NO RESPONSIBILITY WHATSOEVER FOR THE APPLICATIONS OR CONTENT TRANSMITTED OR ACCESSIBLE THROUGH THE SERVICE AND JUMPFIBER BUSINESS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR SUCH APPLICATIONS OR CONTENT. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SERVICES AGREEMENT, THE SERVICE, JUMPFIBER BUSINESS EQUIPMENT, AND ANY JUMPFIBER BUSINESS MATERIALS ARE PROVIDED “AS IS, WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY JUMPFIBER BUSINESS, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. JUMPFIBER BUSINESS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS, PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES, WILL BE UNINTERRUPTED, SECURE, ERROR FREE, WITHOUT DEGRADATION OF VOICE QUALITY OR WITHOUT LOSS OF CONTENT, DATA OR INFORMATION, OR THAT ANY MINIMUM TRANSMISSION SPEED IS GUARANTEED AT ANY TIME. EXCEPT AS SET FORTH IN THIS SERVICES AGREEMENT, JUMPFIBER BUSINESS DOES NOT WARRANT THAT ANY SERVICE OR EQUIPMENT PROVIDED BY JUMPFIBER BUSINESS WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT TRANSMISSIONS OVER THE SERVICE MAY NOT BE SECURE. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT ANY DATA, MATERIAL OR TRAFFIC OF ANY KIND WHATSOEVER CARRIED, UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S OR ANY END USER’S EQUIPMENT OR LOSS OF SUCH DATA, MATERIAL OR TRAFFIC DURING, OR RESULTING FROM, CUSTOMER’S OR ANY END USER’S USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, VIA SENDING OR RECEIVING, UPLOADING OR DOWNLOADING, OR OTHER TRANSMISSION OF SUCH DATA, MATERIAL OR TRAFFIC. IN ADDITION, CUSTOMER ACKNOWLEDGES AND AGREES THAT JUMPFIBER BUSINESS’ THIRD PARTY SERVICE PROVIDERS DO NOT MAKE ANY WARRANTIES TO CUSTOMER UNDER THIS SERVICES AGREEMENT, AND JUMPFIBER BUSINESS DOES NOT MAKE ANY WARRANTIES ON BEHALF OF SUCH SERVICE PROVIDERS UNDER THIS SERVICES AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY OR QUIET ENJOYMENT.
    • b. LIMITATION OF LIABILITY. WITHOUT LIMITING ANY EXPRESS PROVISIONS OF THIS SERVICES AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, ANY END USER, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, RELIANCE, OR PUNITIVE DAMAGES (INCLUDING LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS SERVICES AGREEMENT OR THE PROVISION OF SERVICES, INCLUDING ANY SERVICE IMPLEMENTATION DELAYS OR FAILURES, UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY, MISREPRESENTATION, OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY OF CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS SERVICES AGREEMENT. JUMPFIBER BUSINESS’ MAXIMUM LIABILITY TO CUSTOMER WITH REGARD TO ANY SERVICE SHALL NOT EXCEED THE AMOUNT, EXCLUDING OTCS, PAID OR PAYABLE BY CUSTOMER TO JUMPFIBER BUSINESS FOR THE APPLICABLE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. JUMPFIBER BUSINESS SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE, INCLUDING THE INABILITY TO REACH 911 OR ANY OTHER EMERGENCY SERVICES, THE INABILITY TO CONTACT A SECURITY SYSTEM OR REMOTE MEDICAL OR OTHER MONITORING SERVICE PROVIDER OR ANY FAILURE OR FAULT RELATING TO CUSTOMER-PROVIDED EQUIPMENT, FACILITIES OR SERVICES.
14. INDEMNIFICATION. Unless prohibited under applicable law, Customer at its own expense, shall indemnify, defend, and hold harmless JumpFiber Business, its affiliates, service providers, and suppliers, and their directors, employees, representatives, officers and agents (the “Indemnified Parties“) against any and all third party claims, liabilities, lawsuits, damages, losses, judgments, costs, fees and expenses incurred by JumpFiber Business Indemnified Parties, including reasonable attorney and other professional fees and court costs incurred by JumpFiber Business Indemnified Parties, to the full extent that such arise from or relate to any one or more of the following:
    • a. Customer’s use or misuse of the Service;
    • b. Customer’s failure to comply with any applicable law, order, rule, regulation, or ordinance or this Services Agreement;
    • c. Personal injury or tangible property damage caused by Customer’s or its employees’ or agents’ negligence or willful misconduct.

JumpFiber Business Indemnified Parties shall have the right but not the obligation to participate in the defense of the claim:

1. COMPLIANCE WITH LAWS. As between the Parties, JumpFiber Business shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to JumpFiber Business’ operation and provision of the Services as contemplated in the Services Agreement, and Customer shall obtain and maintain at its own expense all licenses, approvals and regulatory authority required by law with respect to Customer’s use of the Services as contemplated in the Services Agreement. Unless specified otherwise in the Services Agreement, each Party shall give all notices, pay all fees and comply with all laws, ordinances, rules and regulations relating to its performance obligations specified in the Services Agreement. The Services Agreement is subject to all applicable federal, state or local laws and regulations in effect in the relevant jurisdiction(s) in which JumpFiber Business provides the Services. If any provision of the Services Agreement contravenes or is in conflict with any such law or regulation, then the terms of such law or regulation shall take priority over the relevant provision of the Services Agreement. If the relevant law or regulation applies to some but not all of the Services being provided under the Services Agreement, then such law or regulation shall take priority over the relevant provision of the Services Agreement only for purposes of those Services to which the law or regulation applies. Except as explicitly stated in the Services Agreement, nothing contained in the Services Agreement shall constitute a waiver by JumpFiber Business of any rights under applicable laws or regulations pertaining to the installation, construction, operation, maintenance or removal of the Services, facilities or equipment.
2. REGULATORY CHANGES. In the event of any change in applicable law, regulation, decision, rule or order, including without limitation any new application of or increase in any government- or quasi-government-imposed fees or charges that increases the costs or other terms of JumpFiber Business’ delivery of Service to Customer, or, in the event of any increase in pole attachment or conduit charges applicable to any facilities used by JumpFiber Business in providing the Service, Customer acknowledges and agrees that JumpFiber Business may pass through to Customer any such increased fees or costs, but only to the extent of the actual increase. JumpFiber Business shall use commercially reasonable efforts to notify Customer at least thirty (30) days in advance of the increase. In such case, and if such increase materially increases the Service Charges payable by Customer under the Services Agreement for the applicable Service, Customer may, within thirty (30) days after notification of such increase, terminate the affected Service, provided Customer notifies JumpFiber Business at least fifteen (15) days in advance of Customer’s requested termination date. Further, in the event that JumpFiber Business is required to file tariffs, rate schedules, or price guides with a regulatory agency or otherwise publish or make generally available its rates in accordance with regulatory agency rules or policies respecting the delivery of the Service or any portion thereof, then the terms set forth in the applicable tariff, rate schedule, or price guide shall govern JumpFiber Business’ delivery of, and Customer’s use or consumption of the Service. In addition, if JumpFiber Business determines that offering or providing the Service, or any part thereof, has become impracticable for legal or regulatory reasons or circumstances, then JumpFiber Business may terminate the Services without liability, by giving Customer thirty (30) days prior notice or any such notice as is required by law or regulation applicable to such determination.
3. ARBITRATION. This Services Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customer in the event of a dispute. Subject to the “Exclusions” paragraph below, JumpFiber Business and Customer agree to arbitrate disputes and claims arising out of or relating to this Services Agreement, the Services, the JumpFiber Business Equipment, Network, or marketing of the Services. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court. The arbitrator of any dispute or claim brought under or in connection with this Services Agreement shall not have the power to award injunctive relief, which may only be sought in an appropriate court of law. No claim subject to arbitration under this Services Agreement may be combined with a claim subject to resolution before a court of law. THIS SERVICES AGREEMENT MEMORIALIZES A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS:
   • a. A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to JumpFiber Business should be addressed to: CEO, JumpFiber, LLC, 16414 San Pedro Ave, Suite 550, San Antonio, Texas 78232 (“Arbitration Notice Address”). The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If the Parties do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, Customer or JumpFiber Business may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the Services Agreement. The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Services Agreement, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address.
   • b. EACH PARTY SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR’S FEES THAT SUCH PARTY INCURS INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED UNDER APPLICABLE LAW. If the arbitrator’s award exceeds $75,000, either party may appeal such award to a three-arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within thirty (30) days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within one hundred twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act. The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules. Unless JumpFiber Business and Customer agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in San Antonio, Texas.
   • c. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND JUMPFIBER BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY. CUSTOMER AND JUMPFIBER BUSINESS AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN CUSTOMER’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Furthermore, unless both Customer and JumpFiber Business agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue.
   • d. Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from this Services Agreement, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.
   • e. EXCLUSIONS. CUSTOMER AND JUMPFIBER BUSINESS AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:
     • i. ANY INDIVIDUAL ACTION BROUGHT BY CUSTOMER OR BY JUMPFIBER BUSINESS ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS.
     • ii. ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS.
     • iii. ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.
4. PROPRIETARY RIGHTS AND CONFIDENTIALITY.
   • a. JumpFiber Business’ Proprietary Rights. All materials including, but not limited to, any JumpFiber Business Equipment (including related firmware), software, data and information provided by JumpFiber Business, any identifiers or passwords used to access the Service or otherwise provided by JumpFiber Business, and any know-how, methodologies or processes including, but not limited to, all copyrights, trademarks, patents, trade secrets, any other proprietary rights inherent therein and appurtenant thereto, used by JumpFiber Business to provide the Service (collectively “JumpFiber Business Materials”) shall remain the sole and exclusive property of JumpFiber Business or its suppliers and shall not become a fixture to the Service Location. Customer shall acquire no title to, interest or right (including intellectual property rights) in the JumpFiber Business Materials by virtue of the payments provided for herein other than the limited, non-exclusive, and non-transferable license to use the JumpFiber Business Materials solely for Customer’s use of the Service. Customer may not disassemble, decompile, reverse engineer, reproduce, modify, or distribute the JumpFiber Business Materials, in whole or in part, or use them for the benefit of any third party. Customer shall not cause or permit the disabling or circumvention of any security mechanism contained in or associated with the Services. All rights in the JumpFiber Business Materials not expressly granted to Customer herein are reserved to JumpFiber Business or its suppliers. Customer shall not open, alter, misuse, tamper with, or remove the JumpFiber Business Equipment or JumpFiber Business Materials as and where installed by JumpFiber Business, and shall not remove any markings or labels from the JumpFiber Business Equipment or JumpFiber Business Materials indicating JumpFiber Business (or its suppliers) ownership or serial numbers.
   • b. Confidentiality. Customer agrees to maintain in confidence, and not to disclose to third parties or use, except for such use as is expressly permitted herein, the JumpFiber Business Materials and any other information and materials provided by JumpFiber Business in connection with this Services Agreement, including but not limited to the contents of this Services Agreement. Customer may not issue a press release, public announcement or other public statements regarding the Services Agreement without JumpFiber Business’ prior consent.
5. PRIVACY. JumpFiber Business also maintains a Privacy Policy with respect to the Services in order to protect the privacy of its customers. The Privacy Policy may be found on JumpFiber Business’ website at www.jumpfiber.com/policies. The Privacy Policy may be updated or modified from time-to-time by JumpFiber Business, with or without notice to Customer. Customer’s privacy interests, including Customer’s ability to limit disclosure of certain information to third parties, may be addressed by, among other laws, the Federal Telecommunications Act, the Federal Cable Communications Act, the Electronic Communications Privacy Act, and, to the extent applicable, state laws and regulations. Customer proprietary network information and personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in any Service Terms, the Privacy Policy, and, if applicable, in JumpFiber Business’ tariff, which are incorporated into, and made a part of, this Services Agreement by this reference. In addition to the foregoing, Customer hereby acknowledges and agrees that JumpFiber Business may disclose Customer’s and its employees’ personally identifiable information as required by law or regulation, or the American Registry for Internet Numbers or any similar agency, or in accordance with the Privacy Policy or, if applicable, tariff(s). In addition, JumpFiber Business shall have the right (except where prohibited by law), but not the obligation, to disclose any information to protect its rights, property or operations, or where circumstances suggest that individual or public safety is in peril.
6. MISCELLANEOUS.
   • a. Entire Agreement. This Services Agreement, including without limitation all Service Terms and incorporated documents constitute the entire agreement and understanding between the Parties with respect to the subject matter hereof. This Services Agreement supersede all prior understandings, promises, and undertakings, if any, made orally or in writing by or on behalf of the Parties with respect to the subject matter of this Services Agreement, including without limitation any prior confidentiality or non-disclosure agreement between the Parties regarding the purchase and sale of JumpFiber Business Services. Customer should also consult JumpFiber’s website at www.jumpfiber.com/policies to be sure Customer is aware of JumpFiber Business’ Acceptable Use Policies, Privacy Policy, Network Management Practices, applicable tariffs and Price Guides, and other policies or practices that are applicable to Customer’s use of the Services (collectively “Policies/Terms“). Customer’s signature on the work order presented upon installation of Services, Customer’s use of the Services, and/or any other form of signature or action indicating intention to use shall be deemed acknowledgment that Customer has read and agreed to JumpFiber Business’ Policies/Terms as a part of this Services Agreement. JumpFiber Business may change the Services Agreement and its Policies/Terms. Customer’s continued use of the Services after notice of the change shall be considered Customer’s acknowledgement and acceptance of the changes, and the most-recent version of this Services Agreement and the Policies/Terms controls Customer’s relationship with JumpFiber Business and JumpFiber Business’ provision of Services to Customer.
   • b. Counterparts; Electronic Transactions. The Parties agree to conduct business using electronic means including using electronic records and electronic signatures, except as provided with respect to notices in Section 21. This Services Agreement may be executed in one or more counterparts, each of which is an original, but together constituting one and the same instrument. Execution of a facsimile or other electronic copy will have the same force and effect as execution of an original, and a facsimile or electronic signature will be deemed an original and valid signature.
   • c. Order of Precedence. Each Service shall be provisioned pursuant to this Services Agreement. In the event that JumpFiber Business Permits Customers to use its own standard purchase order form to order the Service, the Parties hereby acknowledge and agree that the terms and conditions hereof shall prevail notwithstanding any variance with the terms and conditions of any purchase order submitted by Customer, and any different or additional terms contained in such purchase order shall have no force or effect. To the extent that the Services Agreement are inconsistent with any applicable tariff, the tariff shall control.
   • d. No Assignment or Transfer. Customer may not assign or transfer (directly or indirectly by any means, including by operation of law or otherwise) this Services Agreement and the associated Service(s), or their rights or obligations hereunder to any other entity without first obtaining consent from JumpFiber Business, and any assignment or transfer in violation of this Section shall be null and void. JumpFiber Business may assign its rights and obligations under this Services Agreement, in whole or in part, to affiliates controlling, controlled by or under common control with JumpFiber Business, or to its successor-in-interest if JumpFiber Business sells some or all of the underlying communications system(s) without the prior approval of or notice to Customer. Customer understands and agrees that, regardless of any such assignment, the rights and obligations of JumpFiber Business in this Services Agreement may accrue to, or be fulfilled by, any affiliate, as well as by JumpFiber Business or its subcontractors.
   • e. Severability. If any term, covenant, condition or portion of this Services Agreement shall, to any extent, be held to be invalid or unenforceable, the remainder of this Services Agreement shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law as nearly as possible to reflect the original intentions of the Parties.
   • f. Force Majeure. Notwithstanding anything to the contrary in this Services Agreement, neither Party shall be liable to the other for any delay, inconvenience, loss, liability or damage resulting from any failure or interruption of Services, directly or indirectly caused by circumstances beyond such Party’s control, including but not limited to denial of use of poles or other facilities of a utility company, labor disputes, acts of war or terrorism, criminal, illegal or unlawful acts, weather, fire, flood, natural causes, mechanical or power failures, fiber cuts, governmental acts or any order, law or ordinance in any way restricting the operation of the Services (each a “Force Majeure Event“). Changes in economic, business, or competitive conditions shall not be considered a Force Majeure Event.
   • g. Governing Law; Claims Limitation; Waiver of Jury Trial. The law of the state of Texas shall govern the construction, interpretation, and performance of this Services Agreement, except that any conflicts-of-law principles of such state that would result in the application of the law of another jurisdiction shall be disregarded). Any legal action brought under or in connection with the subject matter of the Services Agreement shall be brought only in the United States District Court, Western District of Texas. IN ANY AND ALL CONTROVERSIES OR CLAIMS ARISING OUT OF OR RELATING TO THIS SERVICES AGREEMENT, ITS NEGOTIATION, ENFORCEABILITY OR VALIDITY, OR THE PERFORMANCE OR BREACH THEREOF OR THE RELATIONSHIPS ESTABLISHED HEREUNDER, CUSTOMER AND JUMPFIBER BUSINESS EACH HEREBY WAIVES ITS RIGHT, IF ANY, TO TRIAL BY JURY.
   • h. No Third-Party Beneficiaries. The Services Agreement and the Parties’ respective performance of obligations as described are not intended to benefit any person or entity not a Party to this Services Agreement, and the consideration provided by each Party hereunder only runs to the respective Parties, and that no person or entity not a Party to this Services Agreement shall have any rights hereunder nor the right to require performance of obligations by either of the Parties.
   • i. Waiver. Except as otherwise provided herein, the failure of JumpFiber Business to enforce any provision of this Services Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. To be legally binding on JumpFiber Business, any waiver must be in writing.
   • j. Remedies Cumulative and Nonexclusive. Unless stated otherwise herein, all rights and remedies of the Parties under this Services Agreement shall be cumulative, nonexclusive and in addition to, but not in lieu of, any other rights or remedies available to the Parties whether provided by law, in equity, by statute or otherwise. The exercise of any right or remedy does not preclude the exercise of any other rights or remedies.

 

JumpFiber Business High-Speed Internet Terms and Conditions

JumpFiber Business High-Speed Internet Service: The Customer interface to the data network is via Ethernet connection. JumpFiber Business Internet Service enables a variety of upstream and downstream rates. If Customer elects to receive JumpFiber Business Internet Service, JumpFiber Business shall provide connectivity from the Customer site(s) to the Customer’s data network.

Certain Internet Services, or features of Internet Services, may not be available in all service areas and may change from time to time, in JumpFiber Business’s sole discretion. In addition, certain non-facilities-based services provided by third parties may be offered to Customer by JumpFiber Business (“Third Party Services”). Third Party Services may be subject to additional terms and conditions. Except to the limited extent described in these Service Terms, JumpFiber Business makes no warranties of any kind (express or implied) regarding third party services and hereby disclaims any and all warranties pertaining thereto (including implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose). JumpFiber Business does not have title to and is not the manufacturer of any software or hardware components of any third-party services nor is JumpFiber Business the supplier of any components of such software or hardware. IN NO EVENT SHALL JUMPFIBER BUSINESS BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY THIRD-PARTY SERVICES.

Unless specifically set forth herein, capitalized terms shall have the meaning set forth in the JumpFiber Business Services Agreement. Customer’s use of the Internet Service is subject to the following additional terms and conditions:

1. Minimum Equipment Requirements. Customer shall maintain certain minimum equipment and software to receive the Internet Service (see http://jumpfiber.com/policies for the current specifications). The minimum configuration standards may change, and JumpFiber Business will make reasonable efforts to support previously acceptable configurations; however, JumpFiber Business is not obligated to continue to provide such support. JumpFiber Business may supply JumpFiber Business Equipment such as Routers, gateways, routers, or wireless cards, for a fee, to operate the Internet Service. JumpFiber Business reserves the right to provide service only to users with JumpFiber Business-approved equipment. Customer acknowledges that such JumpFiber Business Equipment may require updates and/or changes to the software resident in the JumpFiber Business Equipment and that Customer may be required to perform such updates and/or changes. Customer hereby authorizes JumpFiber Business to perform updates or changes, on-site or remotely from time to time as JumpFiber Business deems necessary, in JumpFiber Business’s sole discretion. Customer will not connect any equipment, other than equipment authorized by JumpFiber Business, to the JumpFiber Business Network. When JumpFiber Business installs the Internet Service, Customer will need a network interface card or adapter providing an Ethernet connection. Alternatively, Customer may connect to a networking device (commonly referred to as a router or gateway).
2. Software. At the time of installation of the Internet Service, JumpFiber Business may provide Customer with common JumpFiber Business or third-party software (e.g., a browser and plug-ins) to enable and enhance the Internet Service, subject to the license terms and restrictions in the JumpFiber Business Services Agreement. Subscriber hereby represents and warrants to JumpFiber Business that Subscriber owns the operating system software and associated use/license rights thereto for the computers that are connected to the JumpFiber Business Network.
3. Internet Service Speeds. JumpFiber Business shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth for the Internet Service selected by Customer, however, actual speed, also known as throughput rate, may vary. Many factors affect speed experienced by Customer as outlined in JumpFiber’s Network Management Practices.
4. Security. Customer shall take commercially reasonable security measures when using the Internet Service and assumes sole responsibility for use of the Internet Service and for access to and use of Customer Equipment used in connection with the Internet Service and JumpFiber Business Network.
5. Changes of Address. JumpFiber Business may change addressing schemes, including e-mail and IP addresses provided by JumpFiber Business.
6. Acceptable Use Policy. Customer shall comply with the terms of JumpFiber Business’s Acceptable Use Policy (“AUP“) found at http://jumpfiber.com/policies and that policy is incorporated by reference into this Service Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, supplemented or otherwise changed from time-to-time by JumpFiber Business with or without notice to Customer. JumpFiber Business may suspend Service immediately for any violation of the JumpFiber Business AUP.
7. JumpFiber Business Wi-Fi. JumpFiber Business Wi-Fi supported by a JumpFiber Business-provided wireless router is a service available to certain Customers and provides wireless access to the Internet Service within the Service Location (“Wi-Fi Network“), for which Customer may be charged a fee consistent with JumpFiber Business’s then-current practices. Customer must purchase JumpFiber Business Internet Service in order to receive JumpFiber Business Wi-Fi. The JumpFiber Business-provided Wi-Fi router comes programmed with certain default settings and configurations for the Wi-Fi Network. Customer may modify the default settings and configurations on the JumpFiber Business-provided Wi-Fi router although JumpFiber Business recommends maintaining the default configuration and settings. JumpFiber Business does not guarantee the security of the JumpFiber Business-provided Wi-Fi router and Customer’s connection to the Internet Service via the Wi-Fi Network. Customer understands and agrees that Customer is solely responsible for the security of its Wi-Fi Network and must enable and use encryption. Customer understands that this service is intended to be used by the Customer and its End Users and that JumpFiber Business accepts no liabilities for any third-party usage. The JumpFiber Business-provided Wi-Fi router will collect and maintain certain information regarding access to and use of the Wi-Fi Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by JumpFiber Business to provide the Internet Service and support, as well as for JumpFiber Business’ internal business analytics regarding the use of the Internet Service. Customer acknowledges and agrees that JumpFiber Business shall have access to the network name and password associated with the JumpFiber Business-provided Wi-Fi router in order to provide support and diagnostic services. JumpFiber Business reserves the right to modify the Wi-Fi network name and password for the JumpFiber Business-provided Wi-Fi router in order to safeguard Internet security, the security and privacy of Customer’s information, where required by law, or for other good cause to provide, upgrade, and maintain the Internet Service, and protect the network, other users of the Internet, or our customers and subscribers. Abusive, vulgar, offensive, inappropriate or profane Wi-Fi Network names are prohibited and may be modified in JumpFiber Business’ sole discretion. Customer acknowledges that the JumpFiber Business-provided Wi-Fi router is JumpFiber Business Equipment.

 

JumpFiber Business Internet Acceptable Use Policy

IN ORDER TO PROVIDE HIGH QUALITY CUSTOMER SERVICE AND TO INSURE THE INTEGRITY, SECURITY, RELIABILITY, AND PRIVACY OF JUMPFIBER BUSINESS INTERNET PRODUCT NETWORK, JumpFiber Business JumpFiber Communications Operating LLC and its respective affiliates and subsidiaries providing services (“JumpFiber Business”), has created this Acceptable Use Policy (AUP). THIS AUP APPLIES ALONG WITH THE TERMS OF SERVICE GOVERNING THE CUSTOMER’S USE OF JUMPFIBER BUSINESS INTERNET AND RELATED SERVICES (TOS) AND JUMPFIBER BUSINESS’S OPEN INTERNET DISCLOSURE, TO SPECIFY USE RESTRICTIONS APPLICABLE TO USERS OF THE SERVICE. THE CUSTOMER RECOGNIZES AND AGREES THAT THE THEN CURRENT VERSION OF THE AUP TO BE MAINTAINED BY JUMPFIBER BUSINESS AND POSTED ON JUMPFIBER BUSINESS’S WEBSITE WILL SUPERCEDE ALL PREVIOUS VERSIONS OF THIS DOCUMENT AND THAT CUSTOMER’S CONTINUED USE OF JUMPFIBER BUSINESS’S INTERNET SERVICE WILL CONSTITUTE CUSTOMER’S ACCEPTANCE OF THIS POLICY AS IT MAY BE AMENDED.

BY USING THE SERVICE, THE CUSTOMER AGREES TO ABIDE BY, AND REQUIRE EACH USER OF THE SERVICE TO ABIDE BY, THE TERMS OF THIS AUP AND ASSOCIATED TOS. ANY USER WHO DOES NOT AGREE TO BE BOUND BY THESE TERMS, CUSTOMER MUST IMMEDIATELY CEASE USE OF THE SERVICE.

1. USE. The Service is designed solely for use in Customer’s business. Customer is responsible for any misuse of the Service that occurs through Customer’s account, whether by an employee of the Customer’s business or an authorized or unauthorized third-party. Customer is responsible for any and all email addresses associated with the Customer’s account. Customer must take steps to ensure that others do not gain unauthorized access to the Service. Customer is solely responsible for the security of: (i) any device Customer chooses to connect to the Service, including any data stored or shared on that device; and (ii) any access point of the Service. If the Customer sells or resells advertising or web space to a third party, then the Customer will be responsible for the content of such advertising or on such web space and the actions of such third party. Customer will not resell or redistribute, or enable others to resell or redistribute, access to the Service in any manner, including, but not limited to, wireless technology, except as expressly provided in any contract for service. JumpFiber Business reserves the right to disconnect or reclassify the Service to a higher grade or to immediately suspend or terminate the Service for failure to comply with any portion of this provision or this Policy, without prior notice.
2. PROHIBITED ACTIVITIES USING THE SYSTEM, NETWORK, AND SERVICE. Any activity or use of the Service which violates system or network security or integrity are prohibited and may result in criminal and civil liability. Such violations include, without limitation, the following:
   1. Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, relay communication through a resource, or to breach security or authentication measures without express authorization of the owner of the system or network.
   2. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner or network.
   3. Interference with service to any user, host, or network, including but not limited to: mail bombing, flooding, or denial of service attacks.
   4. Forging the header of any transmitted information packet, email, or Usenet posting.
   5. Modifying or tampering with any hardware, software, or configuration provided by JumpFiber Business including but not limited to: routers, switches, access points, wireless gateways, security devices and cable Router configuration files.
   6. Reselling or otherwise redistributing the Service.
   7. Disrupting any aspect of the Service through any means.
   8. Excessive use of bandwidth, that in JumpFiber Business’s sole opinion, places an unusually large burden on the network or is deemed by JumpFiber Business to be above normal usage. JumpFiber Business has the right to impose limits on excessive bandwidth consumption via any means available to JumpFiber Business.
   9. Assuming or assigning a JumpFiber Business IP address that was not allocated to the user by JumpFiber Business or its network – all JumpFiber Business Internet users must use DHCP assigned by the Service to acquire an IP address or utilize a Static IP address provided by JumpFiber Business.
   10. Running any type of server on JumpFiber Business’s system that is intentionally used to disrupt other users of the Service or users of the Internet in general.
3. NO ILLEGAL OR FRAUDULENT USE. The Service may be used only for lawful purposes. Customer will not use or allow others to use the service in any manner that is in violation of any applicable federal, state, local or international laws or regulations or to promote, engage in, or enable illegal activity or conduct that violates or infringes upon the rights of any person. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene illegal, defamatory, constitutes an illegal threat, or violates export control laws. Furthermore, use of the Service to impersonate a person or entity is not permitted.
4. NO SPAM. Users may not send any unsolicited bulk email or electronic communication including, but not limited to, instant messenger programs, IRC, Usenet, etc. that promotes or advertises a cause, opinion, money making opportunity, or the like that the recipient did not specifically request from the sender (“Spam”). All commercial email messaging must comply with the Federal, State, and Local law, such as the CAN-SPAM Act (See: http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business and http://uscode.house.gov/download/pls/15C103.txt). These communications do not necessarily have to pass through the Service’s email infrastructure – it only needs to originate from a Service User. JumpFiber Business maintains a zero-tolerance policy on Spam for all of its Internet products and may take immediate action against users violating this AUP. JumpFiber Business reserves the right to impose certain limitations on use of the Service’s email. The Services may not be used to collect responses from unsolicited communication regardless of the communication’s origination. Moreover, unsolicited communication may not direct the recipient to any web site or other resource that uses the Service and the user may not reference the Service in the header or by listing an IP address that belongs to the Service in any unsolicited communication even if that communication is not sent through the Service or its infrastructure. Users may not send any type of communication to any individual who has indicated that he/she does not wish to receive messages from them. Continuing to send email messages to anyone that has expressly requested not to receive email from a User is considered to be harassment. Customer is responsible for maintaining confirmed opt-in records and must provide them to JumpFiber Business upon request. The term “opt-in” means that recipient has signed up for mailings voluntarily.
5. NO SYSTEM DISRUPTION. Customer will not use, or allow others to use, the Service to disrupt degrade, and/or otherwise adversely affect JumpFiber Business’s network or computer equipment owned by JumpFiber Business or other JumpFiber Business customers.
6. SECURITY/ABUSABLE RESOURCES. User is solely responsible for the security of any device connected to the Service, including any data stored on that device. Users shall take all necessary steps to avoid actions that result in the abuse of a resource on their network. Examples of abusable resources include but are not limited to: open news servers, open SMTP servers, insecure routers, wireless access and insecure proxy servers. Upon notification from JumpFiber Business, Users are required to address the problem in a timely fashion. Failure to address an issue after notification will be considered a violation of this AUP.
7. NO “HACKING”. Customer will not use, nor allow others to use, the Service to access the accounts of others or to attempt to penetrate security measures of the Service or other computer systems (“hacking”) or to cause a disruption of the Service to other on-line users. Customer will not use, nor allow others to use, tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools.
8. NETWORK MANAGEMENT. JumpFiber Business utilizes as necessary a variety of reasonable network management practices consistent with industry standards to ensure that all of its Customers have a high quality online experience. These practices are undertaken without regard to the source, destination, content, application, or service, and which are designed to protect Customers from activities that can unreasonably burden our network or compromise security. JumpFiber Business’s online network is a bidirectional network, the proper management of which is essential to promote the use and enjoyment of the Internet by all of our Customers. JumpFiber Business monitors its network and attempts to address projected demand for capacity, taking reasonable steps to expand capacity as necessary.
9. Viruses. Users must take appropriate action to prevent their systems from becoming infected with and/or distributing computer viruses such as but not limited to worms, “Trojan horses”, denial of service attacks bots. JumpFiber Business will take appropriate (as decided by JumpFiber Business’s sole discretion) action against Users infected with computer viruses or worms to prevent further spread.
10. ENFORCEMENT. JumpFiber Business reserves the right to investigate violations of this AUP, including the gathering of information from the Customer or other Users involved and the complaining party, if any, and the examination of material on JumpFiber Business’s servers and network. JumpFiber Business prefers to advise Users of AUP violations and any necessary corrective action but, if JumpFiber Business, in its sole discretion, determines that a User has violated the AUP, JumpFiber Business will take any responsive action that is deemed appropriate without prior notification. Such action includes but is not limited to: temporary suspension of service, reduction of service resources, and termination of service. JumpFiber Business is not liable for any such responsive action and these actions are not exclusive. JumpFiber Business may take any other legal or technical action it deems appropriate.
11. NO WAIVER. The failure by JumpFiber Business or its affiliates to enforce any provision of this Policy at any given point in time shall not be construed as a waiver of any right to do so at any future time thereafter.
12. REVISION TO POLICY. JumpFiber Business reserves the right to update or modify this Policy at any time and from time to time with or without prior notice. Continued use of the Service will be deemed acknowledgment and acceptance of this Policy. Notice of modifications to this Policy may be given by posting such changes to JumpFiber Business’s homepage (www.jumpfiber.com), by email or by conventional mail, and will be effective immediately upon posting or sending. Customers should regularly visit JumpFiber Business’s website and review this Policy to ensure that their activities conform to the most recent version. In the event of a conflict between any customer or customer agreement and this Policy, the terms of this Policy will govern.
13. JUMPFIBER BUSINESS RESERVES THE RIGHT AT ITS SOLE DISCRETION TO IMMEDIATELY SUSPEND, TERMINATE, OR RESTRICT USE OF THE SERVICE WITHOUT NOTICE IF SUCH USE VIOLATES THE AUP OR TOS, IS OBJECTIONABLE OR UNLAWFUL, INTERFERES WITH JUMPFIBER BUSINESS’S SYSTEMS OR NETWORK OR THE INTERNET OR OTHERS’ USE OF THE SERVICE.