February 2024

 

Omni Fiber, LLC (“Omni Fiber”) provides Internet access services (the “Service”) to “subscribers” (also “customers”, “you”, or “your”) subject to your compliance with the terms and conditions set forth in these “Internet Access — Terms and Conditions of Service” (the “Terms and Conditions”). Any terms or conditions included on any Work Order, Services Agreement, point-of-sale purchase receipt, E-SIGN recording of a non-written contract, Promotional Offer, Acceptable Use Policy, or Privacy Policy are incorporated into and made a part of these Terms and Conditions, which collectively form the Agreement between you and Omni Fiber, LLC (the “Agreement”). By accessing and using the Service, you represent and agree that you have read, understand, and consent to be bound by the Terms and Conditions of the Agreement. If you do not consent to be bound by the Terms and Conditions of the Agreement, you must not use the Service or register as a subscriber of the Service and must promptly call Omni Fiber Support at 1-844-844-OMNI (6664) to cancel the Service.

 

Omni Fiber may revise the Agreement at any time by posting a revised version at omnifiber.com/terms or by notifying you by email, USPS mail, telephone, or via your monthly bill. You are responsible for periodic review of the Agreement and must be aware of any such revisions. The modified terms will become effective three (3) days after posting to the website or, if we notify you by email, USPS mail, telephone, or on your monthly bill, effective as stated in such message. By using the Service after any such modification, you agree to the latest version of the Terms and Conditions. However, any changes to the resolution of disputes provisions in Section 12 will not apply to any disputes for which the parties have actual notice on or prior to the date the change takes effect.

 

If any revision to the Agreement is unacceptable to you, you may terminate your subscription to the Service as provided in Section 15 herein. Further, if you violate any of the terms and conditions contained within the Agreement, Omni Fiber may terminate and/or suspend your access to the Service.

 

1. Account

Upon acceptance of your application for service (which application may include a credit check), and receipt of any applicable deposit(s), you will become a subscriber to the Service. By registering as a subscriber to the Service, you will receive an account (“Account”). Your Account is for residential use only. You are solely and legally responsible for all activities conducted through your Account and any sub-accounts or usernames under your Account and agree that you will only use the Service for lawful purposes. You may permit another individual, including a minor, in your household to use your Account subject to your supervision, in which case you will retain all legal responsibility for the Account. Finally, you agree to provide accurate and complete registration information and to update this information when it changes. Failure to provide such accurate, complete, and updated information shall constitute a breach of this Agreement and unauthorized access to the Service and may result in immediate termination of your Account and subject you to civil and/or criminal liabilities.

 

2. Selection of a Username

You may not select or use the username of another person or a name subject to the rights of any person other than you. You also may not use a username that suggests to other subscribers the availability of Content (as defined in Section 5 below) that Omni Fiber, in its sole discretion, considers to be libelous, defamatory, invasive of privacy or publicity rights, threatening, abusive, illegal, obscene, lewd, lascivious, excessively violent, harassing, harmful, offensive, or otherwise objectionable or would constitute or encourage a criminal offense, violate the right of any party, or otherwise give rise to liability, violate any law or in violation of the Agreement. Furthermore, you agree that you will not attempt to conceal or disguise your username in any communications.

 

3. Acceptable Use

If Omni Fiber becomes aware, through subscriber complaints or otherwise, of any Content (as defined in Section 5 below) that is available by you, your customers, or generally made available through your Account or in a Public Area (as defined in Section 5.1.1 below), and Omni Fiber, in its sole discretion, considers such Content to be libelous, defamatory, invasive of privacy or publicity rights, threatening, abusive, illegal, obscene, lewd, lascivious, excessively violent, harassing, harmful, offensive, or otherwise objectionable or would constitute or encourage a criminal offense, violate the right of any party, or otherwise give rise to liability, violate any law, or violate the Agreement, Omni Fiber shall have the right, but not the obligation, to immediately remove such Content and/or to terminate your Account. This policy applies to any Content made available by you, your customers, or generally made available through your Account.

 

As a subscriber, you agree not to use the Service to:

 

1. Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way; impersonate any person or entity, including, but not limited to, a Omni Fiber official, forum leader, guide, or host, or falsely state or otherwise misrepresent your person or entity;
3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
4. Upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
5. Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
6. Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
7. Upload, post, email, transmit, or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
9. Interfere with, disrupt, or cause a disruption to the Service, servers, or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
11. ”Stalk” or otherwise harass another; NOR
12. Collect or store personal data about other users.

 

Any violation of this provision will constitute a breach of the Agreement, and Omni Fiber reserves the right in its sole and absolute discretion to temporarily or permanently suspend or terminate your access to the Service without notice.

 

4. Internet Privacy Policy

We respect your privacy and are committed to protecting personally identifiable information you may provide us by visiting our Websites or that we may obtain or collect from you with respect to your use of the Service. This Privacy Policy is specific to the Service but should be read in conjunction with the Omni fiber Privacy Policy, available at omnifiber.com/privacy-policy. The Omni Fiber Privacy Policy describes the types of information we will collect about our customers in connection with your use of the Omni Fiber websites. This Internet Access Privacy Policy will instruct you on how to manage the collection and use of your personal information in connection with your use of internet access service. Should you have any questions related to the privacy of your data please feel free to contact us at omnifiber.com/contact-us. In the event of a conflict between this Privacy Policy and the Omni Fiber Privacy Policy, the terms of this Privacy Policy will control. This Privacy Policy is effective on the date posted and may be amended from time to time.

 

4.1 Types of Information Collected

 

Omni Fiber collects and maintains the following types of information on high-speed Internet access subscribers:

 

1. Personally Identifiable Billing Information

This information includes your name, address, email address, and telephone number, as well as financial account information (e.g., credit or debit card numbers, bank account numbers, etc.) which you have actively submitted, which may be required for billing purposes. If we obtained a credit report in connection with the opening of your account, it may also include information included in the credit report. As this information is of a very personal and sensitive nature, it is not used for any other purpose other than billing. This information is not shared or distributed beyond Omni Fiber or its authorized representatives.

 

1. Other Sources of Personally Identifiable Information

On occasion, Omni Fiber and its partners may run promotions in which we request personally identifiable information. This information may include, but is not limited to:

1. Name
2. Address
3. Telephone number
4. Email address

Providing this information to Omni Fiber is strictly voluntary and necessary to participation in promotions or sweepstakes. If you do not want your personally identifiable information collected, please do not submit it to us.

 

1. Non-Personally Identifiable Information

This information is data about usage and Service operation that is not associated with a specific personal identity. Examples of this type of information include the type of Internet browser and the type of computer operating system you are using. We collect and analyze non-personally identifiable information to evaluate subscribers’ use of the Service and to enhance subscribers’ online experience. Most non-personally identifiable data is collected via cookies or other analysis technologies.

 

4.3. How We Use Personally Identifiable Information

When you do provide us with personally identifiable information, we may use that information in the following ways:

1. to contact you;
2. to install, configure, operate, provide, support, and maintain the Service;
3. to manage the network supporting the Service;
4. to confirm you are receiving the level(s) of service requested and are properly billed;
5. to make you aware of new products or services that may be of interest to you;
6. to understand the use of, and identify improvements to, the Service;
7. to detect unauthorized reception, use, or abuse of the Service;
8. to determine whether there are violations of any applicable policies and terms of service;
9. to obtain a credit report or to contact a creditor; and
10. to comply with law.

 

4.4. Disclosure of Content

Omni Fiber will not randomly monitor or disclose the contents of private communication. However, Omni Fiber reserves the right, as permitted by law, to monitor or disclose the contents of private communication if it in good faith believes that such action is necessary under the following conditions:

1. to comply with applicable law, regulation, or valid legal process (e.g., warrant, court order);
2. to protect and defend the rights or property of Omni Fiber; and/or
3. in emergencies when personal safety is at issue.

4.5. Email Contact from Omni Fiber

 

Omni Fiber is an advocate of online privacy. As a result, we do not take Spam or other Unsolicited Commercial Email (UCE) lightly. Omni Fiber may still occasionally contact its subscribers via email. For this reason, Omni Fiber reserves the right to use its subscriber email database in the following ways:

 

1. Email Programs: On occasion, Omni Fiber may elect to contact subscribers by email about forthcoming Services offerings or changes to the Service or solicit subscriber assistance with our ongoing customer support and performance improvement programs. All such contacts will consist of a single, brief email describing the Services offered or subject to change, or the customer support/services improvement initiative. Subscribers will be given options as to how to respond with respect to the content of the email. With each such email, you will be given the opportunity to opt out of future emails of a similar nature.
2. Subscriber Surveys: Omni Fiber is committed to providing outstanding customer service. As part of our ongoing performance improvement efforts, we will occasionally ask subscribers to participate in online surveys and other studies designed to improve the performance and usability of our products and Services. Participation in such surveys is always optional.
3. Notice of New or Changing Services: Omni Fiber regularly adds new services and new features to its existing Services. Omni Fiber may contact its subscribers via email with information regarding these new Services. Omni Fiber provides its subscribers with the option to subscribe to these new features or Services, which will require some affirmative action on the part of the subscriber if they increase subscribers’ costs or fees. If the new features or Services will not increase the subscribers’ costs or fees, Omni Fiber may provide subscribers with an opportunity to decline installation of the new features or Services, if feasible. In both cases, Omni Fiber will provide instructions in the email as to how to subscribe to or decline the Services, as well as how to opt out of receiving similar notices of new Services and features in the future where such new Services or features are optional.
4. Communications Related to Transaction Account, Website, and Maintenance Activities: You may receive email communications from us related to your account, the Services, and website and Services maintenance activities. In the event of system upgrades, Omni Fiber may contact you via email with additional information and instructions relative to the changes. Upon receipt of these notices, you are responsible for any follow-up actions described therein. If the instructions are unclear, please contact Omni Fiber Support at 844-844-OMNI (6664). Email System Notifications will only be distributed when necessary. Subscribers may not opt out of emails concerning System Notifications at that time.

 

4.6. Parental Consent Required; Use of Service by Persons Younger than 18

 

Our Services are marketed to be purchased by adults, or with the consent of persons 18 or older. From time to time, parents and guardians may permit their children under 18 to use the Service. However, Omni Fiber does not knowingly allow anyone under 18 to provide any personally identifiable information, and Omni Fiber does not knowingly collect personally identifiable information from anyone under 18 via the Service. Furthermore, the law would require us to obtain verifiable parental consent before knowingly collecting any personally identifiable information from children under the age of 13. While Omni Fiber does not collect personally identifiable information from children under the age of 13, all children should obtain permission from a parent or guardian before sending personal information over the Internet. Any violation of this provision may constitute a breach of the Agreement and Omni Fiber, it its sole discretion, may suspend or terminate your access to the Service.

 

5. Content

5.1. Subscriber Content

 

You are solely responsible for all information, technology, products, processes, data, communications, software, photos, video, graphics, music, sounds, and other material and services (collectively referred to as “Content”) that you transmit through your Account and/or make available on or through your web site or any of your customer’s web sites.

 

5.1.1 Submission of Content to Public Areas

“Public Area” means chat areas, public message boards, newsgroups, or email functions offered as part of the Service. By submitting or uploading Content to any Public Area, you automatically grant to and/or warrant that the owner of such Content has expressly granted to Omni Fiber a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any Rights that may exist in such Content.

 

5.1.2 Compliance with Digital Millennium Copyright Act

You agree to fully comply with copyright law and all provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) and to fully cooperate with Omni Fiber in its efforts to comply with the DMCA. Omni Fiber may investigate any reported violation of its policies or complaints of infringement relating to your use of the Service and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, and suspension or termination of your Account and access to the Service. In the event that you believe that any third party has infringed on any copyrighted material of yours, you shall provide Omni Fiber with notice in compliance with the provisions of the DMCA at:

 

Omni Fiber, LLC

Attn: Security Department

4680 Parkway Drive Suite 450

Mason, OH 45040

omnifiber.com/contact-us

 

Furthermore, you agree that Omni Fiber shall have no liability until such time as such notice has been actually received. If Omni Fiber receives a valid notice that your use constitutes alleged infringement, Omni Fiber will take action consistent with the requirements of the DCMA, including but not limited to terminating your Account and access to the Service.

 

5.2. Service Content

5.2.1 Accessing Content

 

You acknowledge that:

1. The Service permits access to Content that is or may be protected by copyrights, trademarks, patents or other proprietary rights (including intellectual property) (“Rights”) owned by Omni Fiber and other third parties;
2. These Rights are valid and protected in all media existing now or later developed; and
3. Except as is explicitly provided otherwise, applicable copyright and other intellectual property laws shall govern your use of Content; provided, however, that such use does not grant you a license under any of the Rights in the Content described herein.
4. All such Rights are retained by Omni Fiber and its affiliates and/or any third-party owner of such Rights. Further, you agree that you may upload software files, message boards or otherwise transmit only Content that is not encrypted; Content that is not subject to any Rights; and/or Content for which any holder of Rights has given express authorization for its distribution.

5.2.2 Intellectual Property Rights in Content

You understand that rights in any Content, including any compilations on the Service, that is copyrighted by a third party, is claimed and reserved by Omni Fiber and may not be copied, used, uploaded, posted, transmitted, distributed, or reproduced in any way without the express written consent of Omni Fiber.

 

If you wish to obtain rights to copy any Content on the Web Site, please email your request at omnifiber.com/contact-us.

5.2.3 Use of Trademarks or Service Marks

The Omni Fiber name and logo and all related product and service names, design marks, and slogans (the “Marks”) are the trademarks or service marks of Omni Fiber and its affiliate companies (collectively “Omni Fiber”). You are not authorized to use any of the Marks in any advertising, publicity, or in any other commercial manner without the prior written consent of Omni Fiber. If you wish to obtain such authorization, please email your request at omnifiber.com/contact-us.

6. Customer System Requirements; Required Hardware; Required Software

 

6.1. Customer-Owned Equipment

 

An Optical Network Terminal or Unit (ONT/ONU) is provided by Omni Fiber as part of the Service. You may not use your own ONT/ONU. Omni Fiber will also provide a single wireless router as part of the service. Customers may use their own wireless router in addition to the Omni Fiber provided router. However, if you choose to provide your own router Omni Fiber cannot guarantee that your service will work properly and will be unable to troubleshoot issues with or past the customer-owned device in the network. If a technician is dispatched to your residence and the cause of the issue is a customer-owned device, a service fee of $125 will be applied to your account.

 

6.2. Hardware Agreement

6.2.1 Equipment

 

You agree that any of the equipment listed below (“Equipment”) which has been provided to you by Omni Fiber is and will remain the property of Omni Fiber. Omni Fiber reserves the right to charge subscribers for use of the Equipment.

 

1. Optical Network Terminal or Unit (ONT/ONU)
2. Wireless Router
3. Wi-Fi Extenders and/or Wireless Access Points (WAP)
4. Power Cords for all above Equipment

Omni Fiber grants you a non-exclusive, non-transferable, limited license to use the Equipment to access Omni Fiber’s network only for use in connecting from authorized locations in accordance with this Agreement. Loss, theft, or physical damage to the Equipment is your responsibility.

 

6.2.2 Installation

You may either self-install the Equipment or have Omni Fiber perform the installation. In any event, Omni Fiber assumes no responsibility or liability for damages to your computer system, network, or home as a result of your attempts to install the Equipment or any installation performed by Omni Fiber.

6.2.4 Termination and Cancellation Policy

Omni Fiber does not anticipate that you will fail to pay for the Service(s) on a timely basis, and we do not extend credit to customers. Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the Service(s) on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment.

 

Equipment Termination Charge: When terminating service, including porting out to another provider, you must return all equipment and power cords. Packaging the equipment in a secure manner and shipping of the packaged equipment shall be the responsibility of the customer. Failure to return the equipment in an undamaged state shall result in the following charges to your account:

150. Unreturned ONU, Router or Access Point: $150.00 per device
151. Unreturned ATA: $100.00
152. Unreturned Power Cord: $20.00

 

If you return the undamaged items after these charges are applied, you will see the Equipment Termination Charge and an equivalent credit on your monthly bill. You will not receive any credit for returning these items unless they are received by Omni Fiber within thirty (30) calendar days of your service termination date.

 

Cancellation Billing Policy: The monthly charge for Internet service will not be prorated for the final partial month of service. The full monthly service fees will apply, even if your service is active for only a partial month.

 

Omni Fiber will not disconnect all or part of a subscriber’s internet service for nonpayment until the bill is at least fourteen (14) days past due.

 

6.2.5 Prohibition on Customer Access to Equipment, Software, and/or Facilities

You agree that you will not access or attempt to access any equipment, software (including reverse engineering, decompiling or disassembling the software, or attempting in any manner to recreate the source code or object codes), or facilities (including remote computing systems) furnished in connection with this Agreement. Any attempt by you to access and/or subvert any network security measures of Omni Fiber or any other network shall entitle Omni Fiber to immediately terminate your access to the Service.

 

6.2.6 Limitation of Liability and Disclaimer of Warranties for Equipment

The following is capitalized to emphasize its importance.

IN NO EVENT WHATSOEVER WILL OMNI FIBER BE LIABLE FOR ANY DAMAGES TO THE EQUIPMENT, INCLUDING SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, USE OR DATA, EVEN IF OMNI FIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION, “OMNI FIBER” IS DEEMED TO INCLUDE OMNI FIBER, LLC, ITS PARENT COMPANY AND THE RESPECTIVE SUBSIDIARIES AND AFFILIATES OF EACH, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, AND SUPPLIERS OF EACH OF THEM.

 

THE EQUIPMENT IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY THAT THE EQUIPMENT IS REASONABLY FIT FOR THE PURPOSE FOR WHICH IT IS TO BE USED AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.

 

By using the Service, you are agreeing to these terms. This limitation of liability and these disclaimers of warranties allocate the risks of the Agreement between us and you. This allocation is reflected in the pricing of the Services and is an essential element of the basis of the bargain between us.

 

6.3. Software Agreements

Omni Fiber may offer software to enhance the user’s experience, enable control and maintenance of devices, and for other purposes deemed necessary or beneficial. This software may incorporate third party software, and your installation of the software and use of the Service indicates your acceptance of the license agreement(s) of each.

 

7. Networking

7.1 Networks or Equipment not supplied or installed by Omni Fiber

Omni Fiber Customer Support does not advise or assist with networks or equipment related to networks not supplied or installed by Omni Fiber. Customer inquiries regarding networking should be directed to third party computer technicians and network equipment manufacturers.

 

7.2 Networks and Equipment supplied or installed by Omni Fiber

Omni Fiber Customer Support offers technical support for networks and equipment supplied or installed by Omni Fiber. Subscribers can reach Omni Fiber Customer Support by calling 844-844-OMNI (6664) or via the web at omnifiber.com/help. Omni Fiber networks and equipment are subject to the specific terms and conditions of the relevant contract(s), terms of service and/or other customer agreement established and agreed to at the time of purchase and/or installation of each.

 

During troubleshooting sessions where networked computers are present, Omni Fiber Customer Support may ask the customer to disconnect their networked equipment from the Equipment and directly connect the hardware to one Windows-based or Apple computer. Doing so will help the technician diagnose issues with the Equipment at the customer’s premises. Failure to comply with such a request will release Omni Fiber from responsibility for further diagnosis, and customer hereby expressly assumes all liability and risk of loss in exchange for the assistance from Customer Support.

 

8. Service Reliability

Omni Fiber’s fiber internet reliability is defined as the internet is working and available at a residential address. Any percentage used is calculated based on the entire network of residential internet subscribers served by Omni Fiber for a given month.

 

9. Service Speed

Omni Fiber Internet comes in a variety of speeds. The availability of some service speeds may depend on the location of facilities in your neighborhood and on your street. Not all service speeds are available in all areas. Omni Fiber does not guarantee that the Service, Equipment, or other equipment authorized by Omni Fiber for use in connection with the Service will perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, disabling code or conditions, or the like. The speed measurement advertised by Omni Fiber refers to the Internet access speed provisioned to a subscriber on a per-line and not a per-device basis. The actual speed realized by the subscriber may vary based on a variety of factors including, but not limited to: the capabilities or limitations of the customer’s computer, network, or other device; the number of computers or other devices in use in the customer’s home network; concurrent use of Internet access and a TV video on demand service, which consumes Internet access bandwidth; the means of connecting to the Omni Fiber network (e.g., the condition of the home’s inside wiring or the type and condition of WiFi router); network congestion; and the performance of the content and application providers the consumer is accessing, as well as the performance of their respective host network(s).

 

10. Disclaimer of Warranties; Limitation of Liability

The following is capitalized to emphasize its importance.

 

YOU EXPRESSLY AGREE BY YOUR USE OF THE SERVICE THAT YOUR USE OF THE SERVICE, ITS CONTENT, AND RELATED SERVICES AVAILABLE ON OR LINKED TO THE OMNI FIBER OR AFFILIATED WEB SITES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

OMNI FIBER DOES NOT WARRANT THAT ANY OF THE SERVICE, EQUIPMENT, OR OTHER EQUIPMENT AUTHORIZED BY OMNI FIBER FOR USE IN CONNECTION WITH THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. OMNI FIBER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT (INCLUDING ANY OTHER EQUIPMENT AUTHORIZED BY OMNI FIBER FOR USE IN CONNECTION WITH THE SERVICE), RENDER THE EQUIPMENT OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.

 

Omni Fiber is not responsible and shall not be liable for the listings or the advertisements contained on the Web Site, and Omni Fiber does not:

• Guarantee the accuracy, completeness, usefulness, or adequacy of any other web sites, services, goods, or advertisements that may be linked to the Web Site;
• Make any endorsement, express or implied, of any other web sites, services, goods, or advertisements that may be linked to the Web Site;
• Check for licenses with respect to licensed professions or trades prior to publishing advertisements and does not assume the responsibility for monitoring the use of trademarks, certifications, or other rights of third parties;

OR

• Warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any Equipment or software made available are provided on an “as is” basis.

IN NO EVENT SHALL OMNI FIBER OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES FOR: (I) BUSINESS INTERRUPTION, OR LOSS OF PROFITS, REVENUE, USE OR DATA, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE SERVICE, WEB SITE, OR THE USE, RELIANCE UPON, OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE WEB SITE, EVEN IF OMNI FIBER OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH OR HYPERLINKED FROM THE SERVICE.

 

For purposes of this section, “Omni Fiber” is deemed to include: Omni Fiber, LLC; its parent company; the respective subsidiaries and affiliates of each; and the directors, officers, employees, agents, representatives, subcontractors, and suppliers of each of them.

 

By using the Service, you are agreeing to these terms. This limitation of liability and these disclaimers of warranties allocate the risks of the Agreement between us and you. Omni Fiber relies on this allocation, which is reflected in the pricing of the Services, and is an essential element of the basis of the bargain between us.

 

11. Indemnification

You agree to defend, indemnify, and hold harmless Omni Fiber, its affiliated companies and their respective directors, officers, employees, and agents from all liabilities, actions, suits, proceedings, claims, damages, and expenses, including without limitation, reasonable attorney’s fees, arising from or relating to your use of the Service, the Web Site, and your Account. Omni Fiber reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

 

12. Resolution of Disputes

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.

 

12.1. Binding Arbitration

This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim, including those against any of our subsidiary, parent, or affiliate companies, arising out of or relating to this Agreement, our Privacy Policy, our Acceptable Use Policy, or the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us.

 

12.2. Arbitration Procedures

You must first present any claim or dispute to us by contacting Customer Support to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be resolved by binding arbitration administered by JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.) under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in the county seat for the county in which your billing address is located. At either party’s election, the arbitration shall be held telephonically. As set forth below, you and we both agree that any arbitration will be solely between you and Omni Fiber, not as part of a consolidated, class-wide, or representative claim (that is, not brought on behalf of or together with another individual’s claim). An arbitrator may award any relief or damages (including injunctive or declaratory relief) that a court could award, except an arbitrator may not award relief in excess of or contrary to what this Agreement provides and may not order relief on a consolidated, class-wide, or representative basis. Except as set forth in Section 12.4, below, if any portion of this arbitration clause is determined to be inapplicable or invalid by a court, arbitrator, or state or federal agency with proper jurisdiction, then the remainder shall still be given full force and effect. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Both you and we agree that all issues relating to the validity of this agreement to arbitrate will be decided by a court (including but not limited to the substantive scope of our agreement to arbitrate or whether consolidated, class-wide, or representative arbitration is allowed), and do not intend to confer any such powers on an arbitrator.

 

12.3. Costs of Arbitration

For claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. For claims over $1,000 but under $75,000, you will be obligated to pay your share of the arbitration fees, but no more than the equivalent court filing fee for a court action filed in the jurisdiction where your billing address is located. For arbitrations in excess of $75,000, all administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

 

12.4. Waiver of Class Actions

By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis only and not on a consolidated, class-wide, or representative basis or the like. If for any reason any court, arbitrator, or state or federal agency with proper jurisdiction holds that this restriction is unconscionable or otherwise unenforceable, then we both agree: (i) that this agreement to arbitrate will be invalidated and terminated and the dispute must be brought in court; and (ii) you and we both waive, to the fullest extent allowed by law, any right to pursue any claims on a class or consolidated basis or in a representative capacity. In the event that this arbitration agreement is invalidated and terminated in accordance with this Section 12.4, both you and we agree to submit to the jurisdiction of the United States District Court for the Southern District of Ohio with venue in Cincinnati, Ohio, or in the alternative, to the jurisdiction of the Hamilton County Court of Common Pleas located in Cincinnati, Ohio.

 

12.5. Limitations Period

Any arbitration or legal action with respect to any and all claims or causes of action related to or arising out of this Agreement must be brought within two (2) years after the cause of action arises, or within the applicable statutory period of time, whichever is shorter. This limitations period does not apply to any given cause of action when the statutory limitations period for that cause of action cannot be waived, restricted or otherwise limited by you.

 

13. Billing

 

13.1. Monthly Billing; “Past Due Balance”

You agree to timely pay all monthly bills. Any amount outstanding after the due date on the Customer bill shall be deemed a “past due balance”.

 

13.2. Process for Billing Disagreements

In the event of a disagreement about a customer bill, please contact Omni Fiber Customer Support at 844-844-OMNI (6664).

 

Customer satisfaction is of the utmost importance to Omni Fiber, and it is our policy to fully investigate and resolve, to our satisfaction, all customer billing disagreements lodged within thirty (30) days of the original due date. Unless an investigation has been initiated through a customer inquiry, Omni Fiber reserves the right not to issue refunds or credits after the expiration of this 60-day period, except where required by law or regulation.

 

13.3. Late Payment Fees

A late payment fee of $10 will be assessed on any past due balance. The late payment fee will be added to the past due balance and included in future billing cycles.

 

13.4. Promotional Discount

Your bill may reflect a promotional discount to Omni Fiber standard pricing (a “Promotion”). The specific terms of each Promotion may vary and will supersede these terms. Generally, our Promotions consist of: a certain dollar amount discount for a certain number of months against Omni Fiber standard pricing; and require purchase of a certain service or bundle of services at or above a certain monthly price for a certain number of months.

 

Promotion(s) will end or decrease at the end of the promotional period depending on the Promotion offered.

 

Removal or changing of Omni Fiber products after receiving a Promotion could result in forfeiting the entire Promotion. Promotions are not available in all locations. Moving locations could result in change or forfeiting Promotions. Promotions may vary by location, by time of year, products available at location, whether adding a new product, sales channel offering Promotion, and products ordered.

To be eligible for Promotion(s), you must be enrolled in eBill. To sign-up for eBill, sign into MyAccount or call or Customer Support at 1-844-844-OMNI (6664).

Omni Fiber standard pricing is subject to change. Omni Fiber will provide you with at least thirty (30) calendar days’ prior written notice before such a change.

14. Right of Access

By using the Service, you grant permission for Omni Fiber and its agents and employees to enter upon the property of the Subscriber for the purpose of installation, inspection, maintenance, testing, and repair of the Service to the Subscriber’s premises and, upon service being cancelled for any reason, the Subscriber grants permission for Omni Fiber, during reasonable hours, to enter upon the premises and remove all equipment and material belonging to Omni Fiber and to discontinue service thereto.

 

15. Termination

Either you or Omni Fiber may terminate your Account at any time and for any reason whatsoever. Other than disputing your bill in accordance with section 13.2, your only right with respect to any dissatisfaction with the Web Site or Service is to terminate your Account by delivering notice to Omni Fiber. Any such notice of termination will be effective upon its actual receipt by Omni Fiber.

 

If this limitation is ruled inapplicable or invalid by a court, arbitrator, or state or federal agency with proper jurisdiction, then the remainder of the Agreement shall still be given full force and effect.

 

16. Waiver

No waiver by either party of any breach by the other party of any of its covenants, obligations, or agreements under this Agreement and no waiver by either party of any term or condition of this Agreement shall be a waiver of any subsequent breach or failure or of any other covenant, obligation, agreement, term, or condition, nor shall any forbearance to seek a remedy for any breach or failure be a waiver of any rights and remedies with respect to such or any subsequent breach or failure.

 

19. Miscellaneous

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

 

20. Governing Law

The Service is operated from a site in the State of Ohio, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles or conflicts of law.