IQ Fiber Terms for Residential Service

IQ Fiber (DE), LLC

This is your Customer Service Agreement (“Agreement”) with IQ Fiber LLC (hereinafter referred to as “IQ Fiber”, “we”, “us”, and “our”). This Agreement sets forth the terms and conditions under which the Customer (hereinafter referred to as “Customer”” and “you”) will be provided residential fiber network internet service (“Service” or “Services”) by IQ Fiber. 

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 (i) of this Agreement, (ii) of our Network Management Policy and (iii) of our Privacy Policy – such terms and conditions of (ii) and (iii) collectively referred to as the “Referenced Agreements” are incorporated into and made a part of this Agreement. If you do not consent to be bound by the Agreement, you must not use the Service or register as a subscriber of the Service and must promptly call IQ Fiber at 904-289-1000 or email us at support@iqfiber.com to cancel the Service. 

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


1. ACCOUNT, BILLING, AND PAYMENT

A. Account

Upon acceptance of your request for service and receipt of any applicable deposit(s), you will become a Customer to the Service (“Customer”). By registering as a Customer to the Service, you will receive an account (“Account”). 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.  

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.

B. Charges and Government Imposed Fees

(i) Charges. You agree to pay the charges for the Services provided to you under this Agreement, including, but not limited to monthly service charges and any charges for unreturned Equipment (as defined in Section 6). Charges will be applied according to the pricing page on www.iqfiber.com referred as the “Website”. 

(ii) Taxes and Government Imposed Fees. You agree to pay all applicable federal, state, and local taxes (however designated) levied upon us and our affiliates in connection with the sale, installation, and use of the Services and other fees that we are charged in connection with governmental charges. 

(iii) Billing Errors. Subject to applicable law, if you believe you have been billed any amount in error you must notify us of that error within 60 calendar days of the date on the bill. If you fail to notify us of the error within 60 calendar days, any billing error claimed by you is deemed waived.

(iv) Service termination for Late Payments.  IQ 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. If IQ Fiber cannot collect payment within 14 days of the payment due date, IQ Fiber reserves the right to turn off the Service(s). 

(v) 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. IQ Fiber will not disconnect Customer’s internet service for nonpayment until the bill is at least fourteen (14) days past due. 

(vi) Damaged or Unreturned Equipment. IQ Fiber reserves the right to charge for damaged or unreturned equipment.

C. Change in Terms and Rates

IQ Fiber may modify this Agreement and make material changes by providing at least 30 days’ advance notice (as defined in Section 15 ). If you do not agree to the changes, you may reject them by terminating service without penalty before the changes take effect.


2. TERMINATION AND CANCELLATION

A. Term

The term of this Agreement and the Referenced Agreements shall commence on the date you sign the application for service and shall continue thereafter until either you or IQ Fiber terminates the Services pursuant to the terms of this Agreement or the Referenced Agreements. After termination, your obligations to IQ Fiber under this Agreement for unpaid Services previously rendered, damaged or lost Equipment or other any other liability, shall continue until they are completely satisfied, including, but not limited to, attorneys’ fees and other costs of collection. The Services and Equipment are provided on a month-to-month subscription basis and billed monthly in advance. 

B. Termination by Customer

You may terminate Services at any time by providing 30 days’ written notice to IQ Fiber. No early termination fees will apply. Upon termination, you must return all Equipment within 14 days or pay the replacement cost. IQ Fiber will refund any prepaid fees on a prorated basis.

C. Suspension and Termination by IQ Fiber 

We may suspend your Services with no notice if you have failed to comply with Section 4 of this Agreement, or for failure to pay for the Services.  

D. Customer Obligations upon Suspension or Termination  

You agree that upon termination or suspension you will (i) immediately cease use of the Services and all Equipment; (ii) pay in full for any amount owed for Services and any damage or loss of Equipment and you will permit us and our employees, agents, contractors, and representatives to access the Service Address during regular business hours to remove the Equipment and other material provided by IQ Fiber or to ship back the Equipment at an address to be identified by IQ Fiber. For details, please contact us by phone at (904) 289-1000 or by email to: support@iqfiber.com  

E. Deletion of Customer Information  

IQ Fiber and the Service Providers reserve the right both during the term of this Agreement and the Referenced Agreements and upon its termination to delete your data, files, or other customer information that is stored on IQ Fiber or the Service Providers’ servers or systems, in accordance with our storage policies. You understand and acknowledge that we shall have no liability to you or others for the loss or removal of any such data, files, or other customer information.


3. SERVICE, SPEEDS AND AVAILABILITY

You understand and agree that the advertised throughput rate versus the actual throughput rate you may experience, regardless of the speed tier to which you subscribe, at any time will vary based on numerous factors, including, but not limited to local area network and Wi-Fi performance, device limitations, website and content provider performance. You agree that any unavailability or impairment of the Services is not a basis for a demand for a refund or credit or any claim against IQ Fiber. You agree to cooperate with IQ Fiber in connection with any remote or on-site service level verification or troubleshooting.


4. USE OF SERVICES

A. Use of Equipment and Services

(i) Purposes. You agree to use the Services for the residential purpose(s) that you have described in the information provided when you requested Service(s). You agree that you are buying the Services for your own use and that you will not resell or permit another to resell the Service.

(ii) You Assume the Risk of High-Risk Activities. The Services are not represented as fail-safe. They are not designed for use in situations where error-free or uninterrupted service is essential. You
expressly assume the risk of any damages from high-risk activities involving vital communications in which an error or interruption in the Services could lead to material injury to business, persons, property, or the environment.

(iii) No Tampering with or Relocation of Equipment.You will not service, alter, modify, or tamper with the Services or Equipment, or permit any other person not expressly authorized by IQ Fiber to do so. You agree that the ONT (Optical Network Terminal) and WiFi Services will only be used at your Service Address appearing in our records. You understand and acknowledge that if you attempt to install or use such Equipment or Services at another location, the Services, may fail to function or may function improperly. If you move the ONT (modem) or Services to another location without complying with Section 6, you do so in violation of this Agreement and at your own risk.

B. Acceptable Use Policy

(i) Compliance with Laws. You agree to use the Services in compliance with all applicable laws, including: (a) FCC regulations; (b) applicable export and re-export laws, including, but not limited to, the Export Administration Act, the Arms Export Control Act, and their implementing regulations; and (c) the laws of the state, country, or region where you (1) reside, (2) lawfully obtained the Service, (3) download updates, and/or (4) use the Service.

(ii) Acceptable Use. You shall not post or transmit through the Services any material (including any message or series of messages) that violates or infringes on the rights of others (including copyright), that is unlawful, threatening, abusive, obstructive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. If this provision is violated, IQ Fiber shall have the right, but not the obligation, to immediately remove such Content and/ or to terminate your Account without notice. This policy applies to any Content made available by you or generally made available through your Account.

As a Customer to the Service, you shall not:

  • impersonate any person on the system or communicate under a false name or a name that you aren’t entitled or authorized to use;
  • participate or use the Services in any way to make fraudulent offers of products, items or services.
  • mass post the same message to any inappropriate on-line sites (ex., junk e-mail, bombing or spamming);
  • collect or store personal data about other users;
  • post or e-mail scams such as “make-money-fast” schemes or pyramid or chain letters. You shall not engage in these activities using the service of another ISP while channeling such activities through the Services or using the Services as a mail drop for responses;
  • use the Services to send unsolicited advertising, promotional material or other forms of unwanted solicitation, except in areas on-line specifically designated for such communications;
  • interfere with IQ Fiber’s ability to provide Services to others, including, but not limited to, the use of excessive bandwidth, or interfering with other users’ use of the Services;
  • knowingly transfer, post or transmit files that contain viruses, worms, “Trojan Horses” or any other contaminating or destructive features;
  • export software or technical information in violation of United States export control laws;
  • 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;
  • perform any activity on the Services that constitutes a criminal offense;
  • use the Services in any manner that threatens or causes damage to the IQ Fiber’s fiber network (Examples include “spawning” dozens of processes and consuming excessive memory of CPU for long periods.); or
  • use any form of transmitter, router or WAN that enables persons or entities outside your Service Address to use the Services, whether or not a fee is sought. If you use a wireless network or Wi-Fi within the premises at your Service Address, you must establish and use a secure password or similar means to limit wireless access to the Services to your Service Address.

Any violation of this Section 4 constitutes a material breach of this Agreement, and IQ Fiber reserves the right in its sole and absolute discretion to suspend or terminate your access to the Service without notice.

By publishing this Acceptable Use Policy, IQ Fiber is not assuming any obligation to any customer or third party to take any action related to these restrictions. IQ Fiber expressly disclaims any liability to any customer or third party for any failure to: (i) monitor or investigate activity on our network, or (ii) enforce these restrictions.


5. CONTENT AND COPYRIGHT POLICY

A. Customer Content

(i) Definition of 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 website.

(ii) Copyright Generally. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material is permitted without the consent of IQ Fiber and/or, any third-party copyright owner. IQ Fiber accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.

B. Intellectual Property Rights in Content

The Service permits access to Content that is or may be protected by copyrights, trademarks, patents or other proprietary rights (including intellectual property) (collectively referred to as “Rights”) owned by IQ Fiber and/or other third parties. These Rights are valid and protected in all media existing now or later developed. You understand that any Content, including any compilations on the Service, that is copyrighted by a third party may not be copied, used, uploaded, posted, transmitted, distributed or reproduced in any way without the express written consent of IQ Fiber. If you wish to obtain rights to copy any Content on the Web Site, please email your request to support@iqfiber.com.  

C. Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site infringe your copyright, you may request removal of those materials (or access to them) from the site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the site, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

IQ Fiber
Attention: Legal Team
6410 Southpoint Parkway, Suite 300
Jacksonville, FL 32216
support@iqfiber.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

D. Counter Notification Procedures

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated below.  Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the site may be found) and that you will accept service from the person (or an agent of that person) who provided the site with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

E. Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

F. Trademarks

The IQ Fiber names and logos and all related product and service names, design marks and slogans (the “Marks”) are the trademarks or service marks of IQ Fiber and its affiliate companies. 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 IQ Fiber. If you wish to obtain such authorization, please email your request support@iqfiber.com.


6. EQUIPMENT, APPLICATION, AND SOFTWARE

A. Equipment Obligations

You acknowledge that the IQ Fiber-supplied equipment is for your exclusive use in connection with the Services during the term of this Agreement made available to you for your use and to access the Services and at all times subject to a reversionary ownership interest of IQ Fiber where the equipment includes, but not limited to: ethernet switches, optical network hardware, gateway, Optical Network Terminal, WiFi devices, physical fiber optic or ethernet cabling installed along with your Services, and all associated software (collectively referred to as the “Equipment”).

You agree that you will not allow the Equipment to be serviced by anyone other than IQ Fiber employees or its agents and you will not relocate Equipment outside your Service Address.

If your Service Address changes, we may, at your request, relocate the Equipment to a new service address, subject to Service availability in that area. Upon request, IQ Fiber will provide you with information concerning Service availability at a new service address and the estimated cost of installing Service at your new Service Address. You will be responsible for the charges incurred for the relocation of your Service.

You agree that you will protect the Equipment and keep the same from being damaged by misuse, weather damage, and damage by pets or animals. If the Equipment is damaged, you are responsible for repair or, if necessary, replacement costs of the Equipment upon termination.

Upon termination, you agree to return the Equipment in good condition except for normal wear and tear, within 30 days. In its sole and exclusive discretion, IQ Fiber employees or agents will pick up the Equipment during normal business hours at your Service location, or you may be directed to return the Equipment to a service location identified by IQ Fiber, or you may be directed to ship the Equipment to an address identified by IQ Fiber. For details, contact us by phone at (904) 289-1000 or by email to: support@iqfiber.com

If you do not make arrangements for the return of the Equipment within 30 days or it is damaged, lost, stolen, or destroyed, you will be responsible for the replacement cost of the Equipment.

B. Unauthorized Use of Equipment or Services

You are solely responsible and liable for any activity that occurs under your account for all use of the Equipment and Services. Unauthorized use of the Equipment or Services constitutes a violation of federal and state law and a breach of this Agreement. You agree to notify us immediately in writing or by calling our customer service line at (904) 289-1000 during normal business hours if you become aware that the Equipment or Services have been or are being stolen or used without your authorization or of any other breach of security. If you fail to notify us in a timely manner, IQ Fiber reserves the right to terminate your Services.

(i) Maintenance of Customer Equipment. IQ Fiber shall not maintain or service your or third party’s computers, DVDs, stereos, appliances, televisions, IoT devices, smart home devices, or other equipment. IQ Fiber is not responsible for any damages to your equipment including, but not limited to, any software, data, photo or other information used in, transmitted, stored or received by any of your equipment.

(ii) Service and Maintenance Procedures. In the event of a problem with your Service or Equipment, you agree to contact IQ Fiber customer service at (904) 289-1000. Depending on the nature of the problem, we may need to schedule an appointment for our service technician to visit your Service Address. You agree to allow IQ Fiber employees or agents to inspect, repair or replace our Equipment or wiring, both inside and outside the Service Address. IQ Fiber reserves the right not to replace the Equipment or Service if a condition exists that will result in further damage to the Equipment until the condition is corrected.

C. IQ Fiber Firmware and Software

The Equipment, including, but not limited to, any firmware or software embedded in the Equipment or used to provide the Services, are protected by trademark, copyright, and other intellectual property laws and international treaty provisions. You are granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. This license will commence upon your acceptance of the Services and will terminate immediately upon the termination of the Services for any reason. IQ Fiber and its licensors retain all rights and interests in and to any such firmware or software. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the Equipment or used to provide the Services. You expressly agree that you will use the Equipment only and exclusively in connection with the Services. You shall not reverse compile, disassemble, or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

D. Networks and Equipment Installed and Supplied by IQ Fiber

 IQ Fiber offers technical support for networks and equipment supplied or installed by IQ Fiber. Customers can reach Customer Support by calling (904) 289-1000 or via the web at: support@iqfiber.com. IQ 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.

E. Networks or Equipment Not Supplied or Installed by IQ Fiber

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


7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

By using the Service, you are agreeing to these terms. The below limitation of liability and disclaimers of warranties allocate the risks of the Agreement between us and you. IQ 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.

A. Disclaimer of Warranties

(i) SERVICES PROVIDED ON AN “AS IS,” “AS AVAILABLE BASIS.YOUR USE OF THE SERVICE, THE EQUIPMENT, OTHER EQUIPMENT AUTHORIZED BY IQ FIBER FOR USE IN CONNECTION WITH THE SERVICE, THE SITE, ITS CONTENT, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SERVICE, THE EQUIPMENT, OTHER EQUIPMENT AUTHORIZED BY IQ FIBER FOR USE IN CONNECTION WITH THE SERVICE, THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE OR THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE EQUIPMENT, OR THROUGH OTHER EQUIPMENT AUTHORIZED BY IQ FIBER FOR USE IN CONNECTION WITH THE SERVICE, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE, OUR EQUIPMENT, OTHER EQUIPMENT AUTHORIZED BY IQ FIBER FOR USE IN CONNECTION WITH THE SERVICE, THE SITE, OR THE SERVER THAT MAKES THE SERVICE OR SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE, THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

(ii) NO IMPLIED WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PROVIDED BY LAW, IQ FIBER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE, THE EQUIPMENT, OTHER EQUIPMENT AUTHORIZED BY IQ FIBER FOR USE IN CONNECTION WITH THE SERVICE, OR THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

(iii) IQ FIBER DOES NOT WARRANT THAT ANY OF THE SERVICE, EQUIPMENT, OR OTHER EQUIPMENT AUTHORIZED BY IQ 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. IQ 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 IQ FIBER FOR USE IN CONNECTION WITH THE SERVICE), RENDER THE EQUIPMENT OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.

(iv) EXPRESS WARRANTY. NOTWITHSTANDING THE PRECEDING, IQ FIBER WARRANTS THAT IF THERE IS A SERVICE INTERRUPTION CAUSED BY NO FAULT OF YOU, MEMBERS OF YOUR HOUSEHOLD OR GUESTS, THEN IQ FIBER WILL REFUND YOU FOR THE PERIOD EXCEEDING 24 HOURS IN THE BILLING CYCLE YOU DID NOT HAVE SERVICE. THE REFUND WILL BE PRORATED ON A DAILY BASIS WITH A MONTH BEING 30 DAYS AND WILL BE APPLIED TO YOUR CREDIT CARD ON FILE. TO RECEIVE THE REFUND , YOU MUST REQUEST IT WITHIN 30 CALENDAR DAYS OF THE FAILURE. THE FOREGOING IS YOUR SOLE REMEDY FOR A SERVICE INTERRUPTION. 

B. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IQ FIBER’S TOTAL LIABILITY FOR ANY CLAIMS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES IN THE PRIOR 12 MONTHS. IQ FIBER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. THESE LIMITATIONS DO NOT APPLY TO DAMAGES ARISING FROM BODILY INJURY OR STATUTORY VIOLATIONS BUT ONLY TO THE EXTENT THAT SUCH DAMAGES CANNOT BE EXCLUDED BY RELEVANT LAW. 

(i) Limitations on IQ Fiber’s Liability for Third Parties. Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that we may use third parties to provide portions of the Services, including without limitation third party services, equipment, and infrastructure (the “Service Providers”). IQ Fiber is not responsible for the performance or non-performance of Service Providers’ services, equipment, or infrastructure, whether it constitutes components of our Services. Limitations of liability set forth above apply to any acts, omissions, and negligence of IQ Fiber and the Service Providers which, but for that provision, would give rise to a cause of action in contract, tort, or any other legal doctrine.

(ii) Unauthorized Representation. IQ Fiber shall not be bound by any undertaking, representation, or warranty made by an agent or employee of IQ Fiber or our Service Providers in connection with the installation, maintenance, or provision of the Services or Equipment, if that undertaking, representation, or warranty is inconsistent with the terms of this Agreement.

(iv) Service Interruptions Due to Technical Malfunctions and Force Majeure Events. You understand and acknowledge that there may be interruptions of the Services due to acts of God, war, weather, power failures, equipment failures, or other similar events beyond the control of IQ Fiber. Neither IQ Fiber nor the Service Providers shall have any liability, including as set forth in this Section, for interruptions of service due to circumstances beyond their control, or for claims or damages arising from such interruptions. Equipment is provided “as is,” without warranty of any kind, including the warranties of merchantability or fitness for a particular purpose. Except for the express warranty described in Section 7(A)(iv), Services are provided “as is” without warranty of any kind, including the warranties of merchantability or fitness for a particular purpose.

(v) Customer’s Sole Remedies.  Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. If any of the above limits are found invalid, the liability of IQ Fiber and the Service Providers is limited to the extent allowed by law.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST IQ FIBER AND SERVICE PROVIDERS, FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE EQUIPMENT AND SERVICES. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE SERVICES IN ACCORDANCE WITH SECTION 2(B).

C. Indemnification

You agree to defend, indemnify, and hold IQ Fiber, its affiliated companies and their respective directors, officers, employees and agents, their successors and assign, service providers, suppliers and contractors, harmless from claims, liabilities, judgements, awards, losses, costs, expenses, fees (including reasonable attorneys’ fees) or damages relating to or arising out of a breach of this Agreement by you or any person authorized by you to use the Service and Equipment, including, but not limited to, any claims or damages arising out of postings made using the Services, defamation, copyright infringement, trademark infringement or other proprietary right infringement.


8. GOVERNING LAW AND VENUE

A. Governing Law

All matters relating to this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable laws as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of this Agreement shall remain in full force and effect. 

B. Dispute Resolution

This Agreement 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.

(i) Arbitration Process. Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in Jacksonville, Florida and be conducted by a single arbitrator. The arbitrator shall apply applicable federal laws and regulations and the laws of the State of Florida, without regard to its choice of law principles.  Each party will bear its own costs, but IQ Fiber will reimburse any arbitration filing fee you pay to the extent it exceeds the cost of filing a lawsuit.

(ii) Class Action Waiver. You agree to resolve any disputes with IQ Fiber on an individual basis and waive any right to participate in a class, representative, or consolidated action.

(iii) Opt-Out. You may opt out of this arbitration agreement by notifying IQ Fiber in writing within 30 days of accepting this Agreement. To opt out, send written notice to support@iqfiber.com

C. Venue and Jurisdiction

IQ Fiber and you agree that any legal suit, action or proceeding shall be instituted exclusively in the federal courts of the United States, or the courts of the State of Florida, in each case located in the City of Jacksonville and County of Duval, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

D. Material Violations of this Agreement

(i) Violations of this Agreement. Material violations of this Agreement may result in suspension or termination of Services.

(ii) Investigations. In its sole discretion, IQ Fiber may initiate an investigation and, in order to prevent further possible unauthorized activity, by the Customer, and may suspend access to the Services to the individual account in question. Confirmation of violations may result in termination of the individual account and, in cases of unlawful activity, referral to law enforcement.

E. Limitation on Time to File a Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING THIS AGREEMENT OR THE “WEBSITE” MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE RELEVANT STATUTE OF LIMITATIONS APPLICABLE TO SUCH CLAIM ONLY IF APPLICABLE AND UNALTERABLE BY CONTRACT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


9. USE AND DISCLOSURE OF PERSONAL INFORMATION

A. Use and Disclosure

You give IQ Fiber consent to use, distribute, transfer, loan, or otherwise share with other persons or entities user lists which include you as well as aggregate information, so long as it is not contrary to any applicable law or IQ Fiber’s Privacy Statement. Aggregate information includes demographic data, usage patterns, preferences, survey data, or other descriptive information which does not disclose the identity of any particular user.

B. Privacy and Data Practices

IQ Fiber collects customer account information, service usage data, and network traffic data. We use this information to provide and improve our Services and may share it with service providers as needed to provide the Services. We do not sell personal information to third parties. For more details on our data practices, please see our full Privacy Policy at https://www.iqfiber.com/privacy-policy.


10. CONTACT

For any inquiries or notices required in connection with this Agreement, you may contact us (i) via email at support@iqfiber.com, (ii) in writing at IQ Fiber, 6410 Southpoint Parkway Ste 300, Jacksonville, FL, 32216, or (iii) on our customer support line at (904) 289-1000.


11. IQ FIBER’S ACCESS TO CUSTOMERS’ PREMISES

By entering into this Agreement, you hereby grant IQ Fiber and its subcontractors access to your premises and authorize them to construct, install, maintain, inspect, upgrade, extend, expand, remove and/or replace fiber lines, equipment, material and infrastructure as IQ Fiber deems necessary or useful for the delivery of the Services, including, but not limited to, poles, wires, fiber optic cables,  and other appurtenances. If you are not the owner of the premises, you warrant that you have the authority or have obtained the necessary consent from the owner of the premises for IQ Fiber or its subcontractors to construct, install, maintain, inspect, upgrade, extend, expand, remove and/or replace fiber lines, equipment, material and infrastructure as IQ Fiber deems necessary or useful for the delivery of the Services, including, but not limited to, poles, wires, fiber optic cables, and other appurtenances.


12. 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.


13.  SURVIVAL OF LIMITATIONS

All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination. Nothing contained in this Agreement shall be construed to limit IQ Fiber’s rights and remedies available at law or in equity. 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.


14.  ASSIGNMENT

IQ Fiber may assign its rights and obligations under this Agreement, without notice, to (i) any affiliate of IQ Fiber or (ii) to any party acquiring all or substantially all of the assets of IQ Fiber. You may not assign or transfer this Agreement without IQ Fiber’s prior written consent, which may be withheld in its sole discretion.


15. NOTICES

IQ Fiber may deliver this Agreement or any other communications to you by sending it to you via email at your email address on record, or via U.S. Mail or hand delivery at your billing address on record or your Service Address. The notice will be considered given, after it is emailed to you (with confirmation of delivery) or deposited in the U.S. Mail or hand-delivered to you. IQ Fiber may notify you of changes to this Agreement, Service charges or Equipment charges in a statement on your bill.


16. ENTIRE AGREEMENT

This Agreement, together with the Referenced Agreements, constitutes the sole and entire agreement of the parties between you and IQ Fiber for Services and Equipment and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, regarding this Agreement.