AirFiber™ Internet Service Agreement
AirFiber™ agrees to provide you (“User”) with the services outlined in your application, contingent upon your compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY. By accessing the service, you agree to be bound by these terms. If you do not agree, you may not use the service.
How to Accept This Agreement:
You accept this agreement by:
- Agreeing in writing, by email, over the phone, or in person;
- Opening any package that indicates acceptance upon opening; or
- Using the service.
Warranty Disclaimer
The warranties provided are exclusive, and no other warranty is expressed or implied. AirFiber™ does not control the content passing through its system, and the use of any information obtained via AirFiber™ is at your own risk. Neither AirFiber™ nor its affiliates, licensors, contractors, or employees guarantee uninterrupted or error-free service, nor do they warrant any specific results from using the service.
The service is provided “as is” and “as available,” without any warranties, express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose. No advice or information provided by AirFiber™ or its affiliates shall create a warranty. Additionally, AirFiber™ does not guarantee that the service, or any information or materials accessible through it, will be free of viruses or other harmful components.
Limitation of Liability
AirFiber™, its affiliates, licensors, contractors, and their employees are not liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from your use or inability to use the service or access the internet. This includes damages related to mistakes, interruptions, viruses, unauthorized access, or any other failure of performance, regardless of the cause.
If AirFiber™ is found liable for any reason under this agreement, its liability will be limited to a pro-rated refund of the unused portion of your subscription payment. If you are dissatisfied with the service or any terms or policies, your sole remedy is to stop using the service.
Indemnification
You agree to indemnify and hold AirFiber™, its affiliates, licensors, contractors, and their employees harmless from any liability, loss, claim, or expense (including attorney’s fees) arising from the use of your account, whether authorized or not. This includes any claims due to your negligence, willful misconduct, or breach of this agreement, including injury, death, or property damage.
You must promptly notify AirFiber™ in writing of any such claims. You have the right to assume the defense of these claims, and both you and AirFiber™ will jointly select legal counsel for the defense.
Sexually Explicit Materials
The user acknowledges that the internet may contain unedited content, including sexually explicit or offensive material, which they access at their own risk. AirFiber™ has no control over and assumes no responsibility for such content.
Prohibited Uses
Users of AirFiber™ Internet may not:
- Restrict or inhibit other users from enjoying the internet.
- Post or transmit unlawful, defamatory, obscene, or otherwise objectionable content, or anything that promotes illegal activity or violates laws, including U.S. export controls.
- Share harmful software, such as viruses or trojans.
- Exploit or distribute copyrighted materials without permission, and any infringement notice may lead to immediate service suspension, with the customer responsible for remaining balance.
- Use the service to send unsolicited advertisements, or run mailing lists, auto-responders, or Listservs.
- Violate network security, including password cracking or illegal activities, or break the rules of accessed networks.
AirFiber™ reserves the right to monitor the service, disclose necessary information to comply with laws, remove content deemed inappropriate, and suspend accounts as needed. Suspended accounts may be reinstated at AirFiber™’s discretion, with reconnection fees as determined by AirFiber™.
Messaging
When using AirFiber™’s email services, users agree to the following restrictions:
Unauthorized Use of Relay Servers: Users are prohibited from using unauthorized email servers to relay or distribute messages.
Fraudulent Addressing: Users may not alter any part of an email message to misrepresent its origin, including return addresses or other identifiable information.
These restrictions are in place to ensure responsible use of AirFiber™’s email services.
Transmission of Unsolicited Email or Promotional Material
AirFiber™ users are prohibited from using any services to send unsolicited emails or promotional materials, commonly known as SPAM. Violating this rule will incur a $10 penalty per email address targeted, with the violator responsible for all associated collection costs. Additionally, AirFiber™ reserves the right to take legal action for breach of contract, as such actions may harm the AirFiber™ brand. The violator agrees to cover all legal expenses incurred by AirFiber™ for each violation.
Network Abuse
To ensure a high-quality experience for all customers, AirFiber™ may suspend any account found to be abusing the network. Accounts suspended for network abuse are responsible for the full access fee for that billing period and are not eligible for refunds.
Prohibited activities include denial-of-service attacks, attempts to breach security, intentional release of viruses or worms, and unauthorized access to other accounts, hosts, or networks. Such violations will result in immediate service termination, potentially without notice.
Equipment Use
AirFiber™ retains ownership of all equipment used to deliver internet service, including any radio or antenna mounted on the user’s residence. AirFiber™ is not responsible for equipment damaged by:
- Lightning strikes or power surges
- Wind or hail damage
- Physical abuse by the user or others
- Theft or vandalism
The user is financially responsible for any repair or replacement due to these conditions, with labor billed at $110 per hour. AirFiber™ can provide quotes for insurance purposes upon request.
Quality of Experience (QoE)
AirFiber™ may use QoE algorithms to optimize network performance for all users. This may affect the performance of certain internet applications, such as peer-to-peer services, file sharing, and online gaming. By using the service, users acknowledge and accept these potential limitations.
No Server Applications
Users are prohibited from running servers that provide content through applications such as HTTP, FTP, SMTP, POP3, game servers, and VPNs. AirFiber™ may periodically scan user connections for these servers and reserves the right to filter or block ports if such activity is detected in violation of this policy.
Data Rates
AirFiber™ provides an unspecified bit-rate (UBR) service, meaning actual speeds may vary based on factors such as signal quality, network congestion, and QoE services. If a user utilizes the service as a constant bit-rate (CBR) service, which is considered abuse, AirFiber™ reserves the right to terminate the service. In such cases, the user is responsible for any termination fees.
Pricing Changes
AirFiber™ may adjust month-to-month pricing for reasons such as increased bandwidth costs. Users will receive at least 30 days’ notice before any price changes take effect. Upon receiving notice of a price change, users have the option to cancel their service at the end of their current contract period.
General Service Terms – Single Household/Office Service
AirFiber™ accounts are intended for use by the user and their immediate family within a single household, or by employees within a single office. Sharing the service with others outside your household or office, or connecting it to systems used by individuals outside your household or office, is strictly prohibited. Violating these terms constitutes theft of service and may lead to civil or criminal prosecution.
Right to Cancel
AirFiber™ reserves the right to cancel service at any time without prior notice. Pre-paid service, activation, and handling fees are non-refundable. For cancellations with fewer than 30 days remaining in the current term, no refund will be issued. Cancellations take effect on the last day of the billing cycle and must be submitted in writing at least 30 days in advance.
No Confidentiality
Information transmitted through AirFiber™ and the Internet is not confidential, and AirFiber™ does not guarantee privacy or protection for users. AirFiber™ reserves the right to monitor transmissions as needed to ensure proper service and protect its rights and property.
