This is our service agreement page, made a part of your service request.
source url NTF Communications Subscriber Agreement
This is your Subscriber Agreement (“Agreement”) with NORTH TEXAS FIBER, Inc. (“NTF,” “we,” “us,” “our”). It sets forth the terms and conditions under which customers (“Customer,” “you,” “your”) will be provided Video, Internet and Phone services (individually, “Service,” collectively “Services”). Phone and Internet Services may be referenced as “Wired Phone Service” or “Wired Internet Service,” respectively, if provided over NTF’s wired fiber plant, and “Wireless Phone Service” or “Wireless Internet Service,” respectively, if provided over NTF’s wireless network. All other reference to Phone or Internet Services apply to both wired and wireless platforms.
WHEN YOU ENROLL IN, USE, OR PAY FOR THE SERVICES, YOU AGREE TO THE PRICES, TERMS, AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE PRICING OR TO ANY TERMS OR CONDITIONS, CANCEL THE SERVICES IMMEDIATELY BY CALLING US ON OUR CUSTOMER SERVICE LINE DURING NORMAL BUSINESS HOURS.
GENERAL TERMS AND CONDITIONS
1. Installation fees and deposits.
Installation fees for each level of service and deposits on NTF Equipment (as defined below) are payable in advance, at the time of, or prior to, activation or installation of the Services at your service location. Thereafter, all payments for Services are due and payable 30days from the issue date of the bill.
2. Billing and payment.
You agree to pay all charges associated with the Services, and that these charges are subject to change at any time. These charges may include but not be limited to installation charges, monthly service charges, charges for the use of NTF Equipment, charges for service calls, and other charges. The current applicable schedules of charges and fees that are included in NTF’s pricing lists are available at www.NTF.io or by calling NTF customer service at 469-215-5800.
b) Taxes and fees.
You agree to pay any and all applicable federal, state, and local taxes (however designated) levied upon us and our affiliates in connection with the sale, installation, use, or provision of the Services, and also fees that we charge in connection with governmental or quasi-governmental fees or programs, such as universal service fees, 911/E911 surcharges, telecommunications relay service surcharges, franchise fees, right-of-way fees, etc.
c) Notification of changes.
We may change the fees and charges for the Services from time to time at our discretion. Unless this Agreement specifies otherwise, we will give you 30 day’s notice of any modification to this Agreement. NTF may, in it’s sole discretion, change, add to, or remove portions of the Services (including but not limited to features and equipment requirements) at any time without notice. If you continue to use the Services after any modification of this Agreement or the Services, you shall be deemed to have accepted the modification. If you do not agree to any modifications, you must immediately stop using the Services and notify NTF that you are terminating this Agreement. You will then be entitled to a refund of any portion of any recurring monthly service fee for the Services that has been paid by you in advance for a period subsequent to the effective date of your requested termination (less any outstanding amounts due for equipment or other applicable fees and charges). You will be responsible to pay any fees, payment obligations, and taxes that become applicable retroactively.
d) Billing Commencement Date.
The fees and charges for the Services begin to accrue on the Billing Commencement Date. If NTF installs your Services, the Billing Commencement Date is the day of installation. If you self-install NTF Equipment or Purchased Equipment that we have provided to you, the Billing Commencement Date is the earlier of (i) the day you install, or pick up from a NTF office or employee, such equipment, or (ii) 5 days after the shipment date. If you self-install a multimedia terminal adapter (“MTA”) or broadband modem that you obtained from a source other than NTF, the Billing Commencement Date is the day your order for Services is entered into our systems. The option to self-install an MTA or broadband modem or to use a non-NTF-supplied MTA or broadband modem is subject to availability.
e) Payment by credit card.
If we make available payment by credit card and you provide a credit card number to us, you thereby authorize us to charge that credit card for all amounts payable by you to NTF as specified in this Agreement. You also authorize us to continue such charges until you notify NTF in writing that you are withdrawing this authorization or until you have paid all charges under this Agreement. If NTF does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand by us.
f) Customer Care Pay-by-Phone Fee.
Each time that you choose to pay by phone through a NTF Customer Care Representative, you agree to pay a $3.00 fee. There is no additional fee for payments that are made through the NTF.com website, or at the NTF office.
g) Late Fees.
You agree to pay a late fee of 10% in addition to all other applicable charges if you do not pay the full balance due on your account within 30 days of the due date.
h) Billing errors.
Subject to applicable law, you must notify us of any billing errors or other requests for refund within 60 days of the date on the bill.
i) Credit inquiries.
You authorize NTF to make inquiries and to receive information about your credit experience from others, to enter this information in your file, and to disclose this information concerning you to appropriate third parties for reasonable business purposes.
j) Returned checks, nonpayment, and collection. You agree that NTF may electronically debit your account for both the face amount of your check, and a returned check fee of $35, if your check is returned unpaid. In the event of nonpayment, NTF reserves the right to disconnect your Services at any time, with or without notice. You agree that if NTF incurs collection or other legal costs as a result of nonpayment, you will be liable for the total past due amount and any returned check fees, but also for collection and attorneys’ fees as well as court costs upon judgment. Further, in order to resume Services, you must pay the past due charges in full in addition to a reconnect fee and one month’s service charges in advance.
3. Business use only.
Unless you subscribe to a plan that expressly permits otherwise, you agree to use the Services solely in your business; in living quarters in a hotel, hospital, dormitory, sorority or fraternity house, or boarding house; or in the business portion of a premises which is used for both business and residential purposes. The foregoing restriction does not apply to mobile uses of your Wireless Internet Service if you have purchased a USB modem from NTF.
4. No resale.
You agree and represent that you are buying the Services for your own business use only and that you will not resell or permit another to resell the Services. You agree to ensure that all uses of the NTF Equipment and Services installed at your premises are legal and appropriate.
5. NTF Equipment, software and marks.
You acknowledge that NTF -installed equipment and facilities, along with any equipment leased to you (including converters, remote control units, external cabling and power cords provided or installed with any cable television services, and any broadband modem, radio or MTA installed along with your Internet or NTF Phone services) (collectively, including all associated software, the “NTF Equipment”)), is for your exclusive use during your subscription and remains the property of NTF. You agree that you will not allow the NTF Equipment to be serviced by anyone other than NTF employees or agents. You may not relocate NTF Equipment. At your request, we may relocate the NTF Equipment within your service address for an additional charge, at a time agreeable to you and to us. If you move locations, you must contact NTF for information on whether the NTF Equipment and Services can be transferred to your new location and what the relocation will cost. If you wish to disconnect the Services, you must contact NTF for information on the necessary procedures and cost. You may not permit any attachments to, alteration of, or tampering with the NTF Equipment, nor any alteration or additional use of the Services at any time. You agree that if you or NTF terminate the Services for any reason, the NTF Equipment must be returned to NTF within 10 business days of termination in proper, undamaged working order other than reasonable wear and tear.
(b) NTF firmware and software.
The Services and NTF Equipment, including any firmware or software that may be embedded in the NTF Equipment or used to provide the Services, are protected by trademark, copyright, and/or 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 relevant Services and will terminate immediately upon the termination of the Services for any reason. NTF and its licensors retain all rights and interests in and to any such software of firmware. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the NTF Equipment or used to provide the Services. You expressly agree that you will use the NTF Equipment 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.
If you decide to use the Services through an interface device not provided by NTF, which NTF reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights to use that interface device with the Services, including all software and firmware licenses. You will indemnify and hold harmless NTF against any and all liability arising out of your use of such interface device with the Services.
(c) Export laws.
You expressly agree to comply with all applicable export and re-export laws, including but not limited to the Export Administration Act, the Arms Export Control Act, and their implementing regulations. You further expressly agree not to use the Services in any way that violates any provision of these export and re-export laws or their implementing regulations.
(d) Protection of NTF’s information and marks.
All NTF Services information, documents, and materials on our websites are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “marks”) of NTF are and shall remain the exclusive property of NTF. Nothing in this Agreement shall grant you the right or license to use any of the marks.
6. Damage to or failure to return NTF Equipment.
In the event the NTF Equipment is lost, stolen, damaged, destroyed, or otherwise not returned promptly to NTF, you agree to pay the current replacement cost of the NTF Equipment, unless otherwise covered by the terms of NTF’s Wire Protection Plan services. We suggest that the NTF Equipment in your possession be covered by your homeowners, renters, or other insurance. You understand that failure to pay the replacement charge will result in the matter being turned over to a collection agency and attorneys to pursue legal action.
7. Unauthorized use of NTF Equipment or Services.
Unauthorized use of NTF Equipment or Services constitutes a violation of federal and state law and a breach of this Agreement. NTF will press charges against all violators. You will be liable for all unauthorized use of the Services and for any and all stolen Services. You agree to notify us immediately in writing or by calling our customer service line during normal business hours if you become aware at any time that the NTF Equipment has been stolen or that your Services are being stolen or used without your authorization. If you fail to notify us in a timely manner, your Services may be terminated without notice, with additional charges to you.
8. Customer equipment
Any customer-owned or provided equipment that you use in connection with the Services (except equipment purchased from NTF pursuant to Section 8(d) below) (“Customer Equipment”) must meet NTF’s current minimum technical and other requirements. Those requirements are posted on at http://NorthTexasFiber.com (or on an alternative site if we so notify you). The requirements may be revised by us from time to time.
(b) No Warranty.
If you install or use Customer Equipment in connection with the Services that does not meet the minimum technical or other requirements described above (a “Non-Recommended configuration”), you agree that you will not be entitled to customer support relating to any issues other than the quality of the signal delivered to the Customer Equipment.
NEITHER NTF NOR ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, THEIR AGENTS, OR ASSOCIATED PARTIES (RTF PARTIES”) WARRANT THAT CUSTOMER EQUIPMENT WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICES.
YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT. NONE OF THE NTF PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE, INCLUDING LACK OF 911/E911 OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. For purposes of this Agreement, “affiliate” means any entity that controls, is controlled by, or is under common control with NTF. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement.
(c) Maintenance of Customer Equipment.
NTF shall have no obligation to provide, maintain, or service Customer Equipment, unless otherwise covered by the terms of NTF’s Wire Protection Plan services. You agree to allow us the rights to send software and/or downloads to Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment.
(d) Equipment Purchased from NTF.
NTF may offer to sell equipment that you may purchase in connection with your use of the Services, such as a broadband modem, MTA, fixed wireless modem, router or USB modem (“Purchased Equipment”). By purchasing the Purchased Equipment, you agree to the following terms and conditions.
You agree and represent that you are purchasing Purchased Equipment solely for your own personal use of the Services and not for resale, lease or use for or on behalf of any other person or entity.
NTF shall have the unrestricted right, but not the obligation, to download and/or upgrade the software or firmware in Purchased Equipment, or to replace the Purchased Equipment with a comparable device (which does not have to be of the same model or type as the equipment that you originally purchased), at any time that NTF, in its sole discretion, determines it is necessary or desirable. You agree to be subject to the early termination charges as described in Section 18(g) below if your service is terminated prior to the end of a minimum term of service that you agreed to in connection with NTF’s subsidization of Purchased Equipment.
(e) Limited Warranty for Purchased Equipment.
NTF provides a one-year limited warranty for any defects in materials or workmanship in Purchased Equipment if such defects adversely affect the performance of, or your ability to use, the equipment to receive the Services. This limited warranty will expire at the earlier of one year beginning on the date you received the equipment from NTF, the termination of your Service, or your violation of any of the terms of this Agreement. If your Purchased Equipment is repaired or replaced while this Limited Warranty is in effect, the repaired or replaced equipment will be warranted for the remaining warranty period covering the original Purchased Equipment.
ALL IMPLIED WARRANTIES PROVIDED TO YOU UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE PERIOD OF COVERAGE UNDER THIS LIMITED WARRANTY.
THE WARRANTIES DESCRIBED ABOVE ARE THE ONLY EXPRESS WARRANTIES APPLICABLE TO PURCHASED EQUIPMENT. NO MANUFACTURER’S WARRANTIES APPLY TO YOUR BROADBAND MODEM, EVEN IF A COPY OF SUCH IS INCLUDED IN THE DOCUMENTATION PROVIDED TO YOU UPON DELIVERY OF THE PURCHASED EQUIPMENT.
This warranty does not cover any cords, cabling or software embedded in, or provided in connection with the equipment; any cosmetic damage including, but not limited to, plastic surfaces or any other exposed parts that are scratched or damaged; or equipment that has had the barcode, serial number, or other identifying mark modified, removed or obliterated or which have had the case opened or the equipment seal broken. The warranty also does not cover any defects, damage or malfunctioning of the equipment resulting from neglect, abuse, misuse, accident, fire, flood, lightening or other acts of God, war, or other events beyond our reasonable control; improper use, application or testing; changing the calibration of or improper tampering with customer controls; power fluctuations or surges or improper connection with any other equipment; improper handling, operation, maintenance, transport, storage, or environmental or site conditions; unauthorized alterations or repairs, or use of unapproved parts in or with the equipment or incompatibility with other equipment; or improper or faulty installation. If your Purchased Equipment fails to meet the warranty described above, NTF will, at no charge to you, repair, replace or refund your cost for the Purchased Equipment within a reasonable time. This is your as your sole and exclusive remedy for such failure and the manner of remedy is at sole option of NTF. All replaced parts and products will be deemed to be on an exchange basis and will become our property. Any repair or replacement of Purchased Equipment following the expiration of the limited warranty will be your responsibility.
9. Service and maintenance procedures.
In the event of a problem with your Service or NTF Equipment, you should contact NTF customer service at 469-215-5800 or via http://support@NorthTexasFiber.com If you call outside of normal business hours, leave a complete message including your name, address, contact work and home telephone number(s) and a description of the problem.
Depending on the nature of the problem, we may at our option schedule an appointment for our Service Technician to visit your service location home, usually by the next business day. We do not charge for service calls if NTF Equipment caused the problem. You agree to cooperate by all reasonable means to allow a NTF representative to inspect its facilities either inside or outside the place of attachment and with its attempts to resolve a service or equipment problem. You agree that NTF is not obliged to service any Customer Equipment, including your TV set, VCR, DVD player, stereo, PC or fax equipment. In the event that NTF determines in its sole judgment that the problem was caused by Customer Equipment, Customer negligence, lack of knowledge, Customer software, Customer-installed wiring or hardware, Purchased Equipment not covered by its limited warranty, or any problem not caused by NTF, you agree to pay for the service appointment and our reasonable charges for repair. In some cases, NTF may decline to undertake the repair. If a problem is not resolved to your satisfaction, you may write or call us with concerns or complaints. You may also contact your local franchise authority at the address listed at the end of this Agreement.
Emergencies such as fallen trees or utility poles, violent storms or very cold weather may interfere with the Services. Our crews are promptly dispatched to correct any emergency when practicable. As these situations may affect a large service area, it may take several days to resume full service to the entire area.
10. LIMITATION OF LIABILITY; INDEMNIFICATION; NO WARRANTIES
(a) No warranties.
THE NTF EQUIPMENT, PURCHASED EQUIPMENT, AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT FOR THE LIMITED WARRANTY FOR PURCHASED EQUIPMENT SET FORTH IN SECTION 8. NEITHER THE NTF PARTIES NOR THEIR SERVICE PROVIDERS (as defined below) WARRANT THAT THE NTF EQUIPMENT, PURCHASED EQUIPMENT, OR THE SERVICES WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR, OR THAT THEY WILL NOT INTERFERE WITH OTHER THIRD-PARTY EQUIPMENT OR SERVICES. NEITHER THE NTF PARTIES NOR THEIR SERVICE PROVIDERS WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED COMPLETELY OR IN UNCORRUPTED FORM. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY EXCLUDED. NEITHER THE NTF PARTIES NOR THEIR SERVICE PROVIDERS WARRANT, OR SHALL BE RESPONSIBLE IN ANY REGARD, FOR ANY MERCHANDISE OR SERVICES ORDERED THROUGH THE SERVICES FROM THIRD PARTIES OR OTHER COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. CUSTOMER SHALL BE RESPONSIBLE FOR ALL SUCH CHARGES AND SHALL INDEMNIFY NTF FOR ALL LIABILITY IN CONNECTION THEREWITH.
(b) Limitations on liability for malfunctions and intellectual property claims.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY (INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, OR OTHERWISE), SHALL THE NTF PARTIES OR THEIR SERVICE PROVIDERS HAVE ANY LIABILITY TO YOU OR TO ANY PERSON OR ENTITY FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, OR PERSONAL INJURIES (INCLUDING DEATH), RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, THE INSTALLATION, SELF INSTALLATION, MAINTENANCE, FAILURE, REMOVAL, OR USE OF THE SERVICES, INCLUDING LACK OF 911/E911 OR DIALING ASSOCIATED WITH A SECURITY SYSTEM, OR THE USE OR ATTEMPTED USE OF OR CUSTOMER’S RELIANCE ON OR USE OF THE NTF EQUIPMENT, PURCHASED EQUIPMENT, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURES OR MALFUNCTION, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, LOSS OF INFORMATION OR DATA, OR FAILURE OF PERFORMANCE OF THE NTF EQUIPMENT, PURCHASED EQUIPMENT, OR SERVICES; OR (ii) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, OR COSTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE NTF EQUIPMENT, PURCHASED EQUIPMENT, OR THE SERVICES BY CUSTOMER OR ANY OTHER PERSON OR ENTITY INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.
(c) Limitations on liability for directories and directory assistance.
THE LIMITATIONS IN THIS SECTION 10(c) SHALL APPLY WHERE WE MAKE AVAILABLE A DIRECTORY LISTING OR PUBLICATION OPTION. IF (i) ANY PHONE NUMBER FOR WHICH YOU HAVE REQUESTED UNLISTED STATUS IS PUBLISHED IN ANY DIRECTORY; (ii) ANY PHONE NUMBER FOR WHICH YOU HAVE REQUESTED NON-PUBLISHED STATUS IS INCLUDED IN ANY DIRECTORY, ANY DIRECTORY ASSISTANCE DATABASE, OR IS OTHERWISE DISCLOSED TO ANY UNAUTHORIZED PERSON; (iii) ANY PHONE NUMBER WHICH YOU REQUESTED BE PUBLISHED OR LISTED IN ANY DIRECTORY OR DIRECTORY ASSISTANCE DATABASE IS NOT SO PUBLISHED OR LISTED, OR (iv) ANY PUBLISHED OR LISTED PHONE NUMBER CONTAINS MATERIAL ERRORS OR OMISSIONS, THEN THE TOTAL LIABILITY OF THE PARTIES AND THEIR SERVICE PROVIDERS IN CONNECTION WITH THE DESCRIBED ERROR OR OMISSION SHALL NOT IN THE AGGREGATE EXCEED THE MONTHLY CHARGES, IF ANY, WHICH YOU HAVE ACTUALLY PAID TO NTF TO LIST OR NOT TO LIST OR TO PUBLISH OR NOT PUBLISH THE NUMBER FOR THE AFFECTED PERIOD. YOU SHALL HOLD THE NTF PARTIES AND THEIR SERVICE PROVIDERS HARMLESS AGAINST ANY AND ALL CLAIMS FOR DAMAGES CAUSED OR CLAIMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE ERRORS AND OMISSIONS DESCRIBED ABOVE.
(d) Limitations on NTF’s Liability for Customer Equipment and software. Customer Equipment may be damaged or suffer service outages as a result of the installation, use, misuse, inspection, maintenance, repair, and removal of the NTF Equipment and the Services.
Except for gross negligence or willful misconduct by us, none of the NTF Parties shall have any liability whatsoever for any damage, loss, or destruction to the Customer Equipment. In the event of gross negligence or willful misconduct by NTF, we shall pay at our sole discretion for the repair or replacement of the damaged parts up to a maximum of $250. This shall be your sole remedy relating to such activity. Use of certain features of the Services, such as integrated messaging (where available), may require special software, applications, or access to web portals. NTF makes no representation or warranty that any software or application installed on your computers or web portal does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect any computer and other hardware of yours from damage to its software, files, and data as a result of any such virus or other harmful feature. We are not required to provide you with any assistance in removal of viruses. If we decide, in our sole discretion, to install or run virus check software on your computer, we make no representation or warranty that the virus check software will detect or correct any or all viruses. You acknowledge that you may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature detected on your system.
NEITHER THE NTF PARTIES NOR ITS SERVICE PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT.
NTF does not represent, warrant, or covenant that the installation of the special software or applications described in the preceding paragraph or access to our web portals will not cause the loss of files or disrupt the normal operations of any Customer Equipment, including but not limited to your computer.
FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE MECHANISM PRIOR TO SUCH ACTIVITIES. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP FILES. NEITHER THE NTF PARTIES NOR ITS SERVICE PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA. CERTAIN CONTENT MAY BE OBJECTIONABLE OR UNSUITABLE FOR MINORS. YOU ARE RESPONSIBLE FOR AND MUST EXERCISE YOUR OWN DISCRETION WHEN ALLOWING MINORS TO USE THE SERVICES.
(e) Limitations on NTF’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 components of the Services, including without limitation their services, equipment, and infrastructure (“Service Providers”). NTF is not responsible for the performance or non-performance of third-party services, equipment, or infrastructure, whether or not they constitute components of the Services. NTF shall not be bound by any undertaking, representation, or warranty made by an agent or employee of NTF or of our Service Providers in connection with the installation, maintenance, or provision of the Services, if that undertaking, representation, or warranty is inconsistent with the terms of this Agreement. The limitations of liability set forth in this Section 10 apply to any acts, omissions, and negligence of the NTF Parties and their Service Providers which, but for that provision, would give rise to a cause of action in contract, tort, or any other legal doctrine.
(f) Customer’s Indemnification of NTF.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE NTF PARTIES AND THEIR SERVICE PROVIDERS, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR YOUR AND YOUR USERS’ USE OF THE SERVICES OR ANY NTF EQUIPMENT, OR THIRD-PARTY EQUIPMENT INCLUDING BUT NOT LIMITED TO ANY CLAIMS OR DAMAGES ARISING OUT OF (i) POSTINGS MADE USING YOUR INTERNET SERVICES, INCLUDING FOR DEFAMATION, COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHT INFRINGEMENT OR OTHERWISE; (ii) THE LACK OF 911/E911 OR DIALING ASSOCIATED WITH A SECURITY SYSTEM. YOU AGREE THAT NTF SHALL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE OR INABILITY TO USE THE SERVICES OR THE NTF EQUIPMENT. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS.
(g) Service interruptions due to technical malfunctions and force majeure events. In the event of complete failure of a Service due to technical malfunction for 24 consecutive hours or more, you are entitled to a prorated credit upon request. To qualify for a credit, you must request it within 30 days of the failure.
THE FOREGOING IS YOUR SOLE REMEDY FOR A SERVICE INTERRUPTION. 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 NTF. NONE OF THE NTF PARTIES OR THEIR SERVICE PROVIDERS SHALL HAVE ANY LIABILITY, INCLUDING AS SET FORTH IN THIS SECTION 10(g), FOR INTERRUPTIONS OF SERVICE DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL, OR FOR CLAIMS OR DAMAGES ARISING FROM SUCH INTERRUPTIONS.
(h) 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 exclusions is found invalid, the liability of the NTF Parties and their Service Providers is limited to the maximum extent permitted by law.
11. NTF’s access to customer’s premises.
From time to time, NTF may need to enter the premises at which you will use the Services (“Premises”) in order to install, maintain, inspect, repair, and remove the NTF Equipment or Services. Accordingly, you authorize NTF and its employees, agents, contractors, and representatives to enter the Premises as necessary, at a time agreeable to you and us. You warrant either that you are the owner of the Premises, or if you are a tenant, that you have the authority to allow us access to the Premises. If you are not the owner of the Premises, you agree to supply us, if we ask, the owner’s name and address, evidence that the owner has authorized you to grant access to the Premises, and written consent from the owner.
12. Security Deposits.
You agree that we may require a Security Deposit as a condition of service at any time, at our sole discretion based upon your payment and credit history. If you have made arrangements to have a security deposit on file with NTF, you agree to relinquish those funds if you fail to return any piece of NTF Equipment. You also agree that your deposit may be applied to any outstanding charges at the time of termination of the Services. If your Services with NTF are terminated by either party, you agree to settle any other outstanding charges within 10 business days of termination.
You can find more information about pricing for the Services by calling NTF or visiting http://NorthTexasFiber.com (or at an alternate site if we so notify you). Pricing of Services may change from time to time.
THIS AGREEMENT INCORPORATES BY REFERENCE THE PRICING INCLUDED IN THE NTF’s THEN CURRENT PRICING LISTS.
Your privacy interests, including your ability to limit disclosure of certain information to third parties, are safeguarded by provisions of the Cable Communication Policy Act of 1984, as amended, the Communications Act of 1934, as amended, and other state and federal laws. Your rights under the foregoing law, and NTF’s privacy practices, are described in the Subscriber Privacy Notice delivered to you and incorporated herein by reference. NTF reserves the rights to change its privacy practices from time to time.
(a) EXCEPT FOR (i) CLAIMS FOR INJUNCTIVE RELIEF, AS DESCRIBED BELOW; (ii) CLAIMS BROUGHT BY NTF RELATED TO UNPAID CHARGES FOR THE SERVICES OR NTF EQUIPMENT; OR (iii) CLAIMS BROUGHT BY NTF FOR UNAUTHORIZED USE OF THE SERVICES OR NTF EQUIPMENT, ALL THREE OF WHICH MAY BE BROUGHT IN ANY FORUM, ANY PAST, PRESENT, OR FUTURE CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, INCLUDING, IF APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. THE ARBITRATOR OF ANY DISPUTE OR CLAIM BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT HAVE THE POWER TO AWARD INJUNCTIVE RELIEF; INJUNCTIVE RELIEF MAY BE SOUGHT SOLELY IN AN APPROPRIATE COURT OF LAW. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW. THE ARBITRABILITY OF DISPUTES SHALL BE DETERMINED BY THE ARBITRATOR. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. IF ANY PORTION OF THIS SECTION IS HELD TO BE UNENFORCEABLE, THE REMAINDER SHALL CONTINUE TO BE ENFORCEABLE.
(b) If any clause within this Section 15 (other than the class action waiver clause) is found to be illegal or unenforceable, that clause will be severed from the Arbitration Provision, and the remainder of this Section 15 will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Section 15 will be unenforceable. In the event that this entire Section 15 is determined to be illegal or unenforceable for any reason, or if a claim is brought that is found by a court to be excluded from the scope of this Section 15, you and NTF have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
16. Representations and warranties of Customer.
You represent and warrant that you are at least 18 years of age. You may, at your discretion, permit minors to use the Services under adult supervision. You are solely responsible for monitoring all material that is accessed by minors using your Services. You also represent and warrant that you have provided and will continue to provide to NTF accurate, complete, and current customer information, including but not limited to your legal name, address, phone numbers, and payment data (including but not limited to credit card numbers and expiration dates). You agree that during the term of this Agreement you will promptly notify us if there is any change in the information that you have provided to us in accordance with the terms of this Agreement. If you fail to provide and maintain accurate information, you thereby breach this Agreement.
17. No Relationship between NTF and other providers.
Nothing in this Agreement will create any joint venture, joint employer, franchisor-franchisee, employer employee, or principal-agent relationship between NTF and any providers of content or of backbone, network, circuit, and other technology or communications; between NTF and any software and other licensors; between NTF and any hardware and equipment suppliers; or between NTF and any other third-party providers of elements of the Services. Nor will anything in this Agreement impose upon any such companies any obligations for any losses, debts, or other obligations incurred by the other.
The term of this Agreement shall commence on the applicable Billing Commencement Date specified in Section 2(d) and shall continue thereafter until terminated as provided for in this Agreement. Service is provided on a month to month basis unless you agreed to a specified minimum term (such as at the time you placed your order or Purchased Equipment), in which case you agree to maintain and pay for your Service for the duration of the specified minimum term.
(b) Termination by you.
You may terminate the Services at any time by notifying NTF during normal business hours via the contact information listed in Section 19(a) below. Your liability for service charges will continue until such notice is received and verified by NTF. You will receive a refund for any prepaid days not yet used after the termination date. If you agreed to subscribe to the Services for a specified minimum period under a separate term agreement with NTF, the first three sentences of this Section 18(b) shall not apply until the specified period under the term agreement has expired, further, early termination charges may apply.
(c) Suspension and termination by NTF.
We may suspend your Services or terminate this Agreement for any reason. If we suspend your Services or terminate this Agreement because you failed to comply in full with any term of this Agreement, we may do so at any time upon 7 days’ notice, or upon less than 7 days’ notice or without notice where permitted by this Agreement. If we suspend Service or terminate this Agreement for any other reason, we must first give you 30 days’ notice. If we suspend Service or terminate this Agreement for a reason other than your violation of this Agreement, all applicable fees and charges will accrue until the date of suspension or termination, but we will refund all prepaid monthly service fees charged for Services after the date of termination (less any outstanding amounts due NTF for the Services, affiliate services, equipment, or other applicable fees and charges). You understand and acknowledge that all NTF Phone Services, including 911/E911, will be disabled because of termination of your account.
(d) Your obligations upon suspension or termination.
You agree that upon suspension of Services or termination of this Agreement you will (i) immediately cease use of the Services and all NTF Equipment; (ii) pay in full for your use of the Services and the NTF Equipment up to the later of the effective date of termination of this Agreement or the date on which the Services are disconnected and all NTF Equipment has been returned; and (iii) return the NTF Equipment to NTF, by any method reasonably requested by us, within 10 days after termination of the Agreement. Upon our request, you will permit us and our employees, agents, contractors, and representatives to access your premises during regular business hours to remove the NTF Equipment and other material provided by NTF. We will conduct this removal at a time agreed on by you and us, and you will ensure that all NTF Equipment is returned to NTF. You may be responsible for paying an equipment return charge and any previously agreed to charges if NTF come to the Premises to recover the NTF Equipment. If NTF incurs collection or legal costs as a result of your failure to comply with this Section 18(d), you will be liable for not only the value of the NTF Equipment, but also for collection and attorneys’ fees as well as court costs upon judgment.
If NTF suspends or terminates a Service for nonpayment or other violation of this Agreement, you will be required, in addition to payment of all overdue balances and other applicable charges, to pay a $100 reconnect charge or trip charge (where applicable) before reconnection. This charge will be reduced to $50 if the prior suspension or termination did not involve a visit by a NTF employee or agent to a location at or adjacent to your premises to attempt to physically disconnect Service or facilities. Reactivation of Services is subject to the terms of this Agreement, applicable law and our credit policies.
(f) Deletion of Customer information.
NTF and its service providers reserve the right both during the term of this Agreement and upon its termination to delete your voicemail, data, files, or other Customer information that is stored on NTF ‘s or its Service Providers’ servers or systems, in accordance with our storage policies. You understand and acknowledge that we shall have no liability whatsoever as a result of the loss or removal of any such voicemail, data, files, or other Customer information.
(g) Reimbursement of Subsidy for Early Termination.
NTF may provide discounted service to you in exchange for your agreement to subscribe to NTF Services for a specified minimum term. In such event, YOU UNDERSTAND AND AGREE THAT YOUR SERVICE PLAN PRICING, EQUIPMENT PRICING AND/OR PROMOTIONAL OFFER WAS BASED ON YOUR AGREEMENT TO CONTINUE SERVICE FOR A SPECIFIED MINIMUM TERM. If you terminate that Service for any reason, including moving outside of NTF’s service area, or if your Service is terminated by NTF for any violation of this Agreement, prior to the expiration of such term you agree to pay to NTF an early termination charge that reimburses NTF for this subsidy, as determined reasonably by NTF, prorated for the number of complete months of the term for which you paid in full for the Service. You may contact NTF at any time to inquire as to the amount of any subsidy or early termination charge that would apply upon termination at a particular time. NTF will waive such early termination charges and refund payments made to NTF for equipment and Service if the service has been initiated on radio and no fiber has been ordered, and the equipment is returned to NTF in good working condition within 30 days of service initiation if you are not satisfied with the quality of the service and have complied with the terms of this Agreement. NOTE: If fiber optics were ordered and delivered or in the process of being delivered, the 30 days does not apply and there is no early termination or refund.
(a) How to Contact Us.
For any inquiries or notices required in connection with this Agreement, you may contact us (i) via the support request form at http://NorthTexasFiber.com (ii) in writing to NTF Customer Service, 5000 Eldorado Parkway, Suite 150, Frisco, TX 75033, or (iii) on our customer service line at 469-215-5800 during normal business hours, or (iiii) via email at Support@NorthTexasFiber.com.
(b) How you will receive notices.
NTF may deliver this Agreement, updates to this Agreement, its pricing lists, or any other communications to you by sending it to you via U.S. Mail or overnight mail at your address of record, or delivering it by hand. If we give you notice, it will be considered given when deposited in the U.S. Mail or with an overnight carrier, addressed to you at your billing address or hand-delivered to you. Our notice to you will also be effective if provided on your billing statement or by telephone, or on your NTF email account or at any email address that you provide to us. If you are a NTF Phone or Internet customer, we may also provide you notice by posting it at http://NorthTexasFiber.com (or an alternative site if we so notify you). Because we may from time to time notify you about important information regarding the Services, this Agreement, and related matters, you agree to check your mail, email and all postings on our website regularly and bear the risk of failing to do so. If you give notice to us, it will be deemed given when received by us at the address listed on the first page of this Agreement.
(c) Entire agreement.
This Agreement, along with any term agreement for Services, pricing lists and additional terms found at http://NorthTexasFiber.com, and NTF’s Subscriber Privacy Notice (all of which are incorporated herein by reference), constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter; provided that any other special pricing agreement, or term agreement relating to Customer’s Services with NTF shall remain in full force and effect.
(d) Acceptance of, use of, or payment for Services are acceptance of Agreement.
When you enroll in, use or pay for the NTF Services, you agree to the prices, terms and conditions in this Agreement.
(e) Governing law.
This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable laws as nearly as possible to reflect the original intentions of the Parties as set forth herein, and the remainder of the Agreement shall remain in full force and effect. No waiver by either Party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.
NTF may assign its rights and obligations under this Agreement, without notice, to (i) any affiliate of NTF; (ii) to any party (or its affiliate) acquiring all or substantially all of the assets or stock, by merger, or otherwise, of NTF or any affiliate of NTF; or (iii) to any person or entity purchasing or otherwise acquiring the affiliated NTF network system serving the Premises. You may not assign or transfer this Agreement without NTF’s prior consent.
(g) 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.
(h) NTF rights and remedies.
Nothing contained in this Agreement shall be construed to limit NTF’s rights and remedies available at law or in equity.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO NTF PHONE SERVICES
20. LIMITATIONS OF 911/E911 DIALING AND OTHER SERVICE
The Services includes the ability to place calls to emergency dispatch operators by dialing “911” (“911/E911”) that may differ from 911/E911 functions furnished by traditional telephone service providers. As such, the 911/E911 Services may have certain limitations. CAREFULLY READ THE INFORMATION BELOW. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS ON 911/E911. YOU AGREE TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER THE SERVICES. If you have any questions about 911/E911, call NTF customer service at 469-215-5800.
NTF provides stickers summarizing these limitations. You agree to place these stickers on or near the telephones that will be used with NTF Phone Service and to contact us to request additional stickers as needed.
(b) Correct Address.
In order for your 911/E911 calls to be properly directed to emergency services, NTF must have your correct service address. If you move the Services to a different address without NTF’s approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the wrong address, or the Services (including 911/E911) may fail altogether.
Therefore, you must call NTF customer service at 469-656-4001 at least 10 days before you move the Services to a new address. All changes in service address require NTF’s prior approval. YOU UNDERSTAND AND ACKNOWLEDGE THAT NTF WILL NEED SEVERAL BUSINESS DAYS TO UPDATE YOUR SERVICE ADDRESS IN THE E911 SYSTEM SO THAT YOUR 911/E911 CALLS CAN BE PROPERLY DIRECTED.
(c) Network congestion or failures.
Calls, including calls to 911/E911, may not be completed if there is a problem with network facilities, including network congestion, network or network equipment failure, or another technical problem. Wireless Phone Service is also subject to the limitations on availability set forth in Section 32.
(d) Service interruptions caused by power failures.
NTF Phone uses the electrical power from your service location. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY LOSE ACCESS TO AND USE OF THE SERVICES, INCLUDING 911/E911, UNDER CERTAIN CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (i) IF OUR NETWORK OR FACILITIES ARE NOT OPERATING; (ii) IF ELECTRICAL POWER TO THE MTA, FIXED WIRELESS MODEM OR ATA IS INTERRUPTED AND SUCH DEVICES ARE NOT SUPPORTED BY A WORKING BATTERY BACKUP. You also understand and acknowledge that the battery backup included in the NTF MTA if provided, may provide power for only a limited time, that the performance of the battery backup is not guaranteed, and that if the battery is exhausted, the Services will not function until normal power is restored. You understand and acknowledge that your MTA may not have battery backup or another power source of its own. WIRELESS PHONE CUSTOMERS understand and acknowledge that the Fixed Wireless Modem and ATA Purchased Equipment DO NOT INCLUDE A BATTERY BACKUP AND CUSTOMERS ARE URGED TO ARRANGE FOR THEIR OWN BACKUP POWER SUPPLY TO THESE DEVICES.
(e) LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE AND AGREE THAT THE NTF PARTIES AND THEIR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE SERVICES, OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE NTF PARTIES AND THEIR SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE SERVICES, INCLUDING THOSE RELATED TO 911/E911 SERVICES PROVIDED TO YOU IN CONNECTION WITH THE SERVICES.
21. Acceptable use.
Unless you subscribe to a plan that expressly permits otherwise (such as, for example, a wireless service purchased under the name of a business), you agree to use the NTF Phone Services only for personal and non-commercial purposes; however, you are permitted to use the NTF Phone Services to make business calls that are incidental to your personal and non-commercial use of the NTF Phone Services.
You expressly agree not to use the Services for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or for any other use that results in excessive usage inconsistent with normal residential calling patterns. If we determine, in our sole discretion, that your NTF Phone Services are being used for any of the aforementioned activities, we reserve the right to (i) immediately and without notice to terminate or modify the Services and (ii) to assess additional charges for each month in which excessive usage occurred.
22. Per-call and measured-call charges.
Calling plans billed on a flat monthly fee basis do not include certain call types. These call types will instead be charged on a per-call (e.g., operator services) or a measured basis (e.g., international calls).
For billing purposes, a measured call begins when the call is answered by the called party or an automated answering device (such as an answering machine or fax machine); it ends when one of the parties disconnects the call. Measured calls are recorded in whole minutes, with partial minutes rounded up to the next whole minute. However, some providers (e.g., those involved in calls to foreign countries) charge NTF for a completed call when the called party’s line rings or after a certain number of rings. In these situations, NTF will charge for the call as if it were answered by the called party. Consult the pricing lists at www.NTF.io for information on per-call charges and the timing of measured-call charges.
23. Rounding of fractional charges.
If the computed charge for a measured call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. If the computed charge for taxes or surcharges includes a fraction of a cent, the fraction is rounded up to the nearest whole cent.
24. Third-party charges.
NTF Phone Services may allow you to access “dial-up” Internet service providers, other enhanced service providers (e.g., information services accessible through 800, 888, and 877 numbers), and other third-party providers. You acknowledge that you may incur charges with such providers that are separate and apart from the amounts charged by us. You agree that all charges payable to third parties, including all applicable taxes, are your sole responsibility. In addition, you are solely responsible for protecting the security of credit card information provided to others in connection with such transactions.
(a) Handset and wiring.
In order to use the NTF Phone Services, you are required to provide certain Customer Equipment such as a phone handset or equivalent, phone inside wire and outlets, and a powered electrical outlet. You may attach analog telephones to the MTA or ATA equipment described below to use the Service. NTF does not guarantee that you will also be able to attach telephones to the jacks within your premises to use the Service, but you may request our assistance in attempting to enable such use, pursuant to the terms of NTF’s Wire Protection Plan services. Additional charges may apply.
(b) Equipment for Wired Phone Service.
To use NTF Wired Phone Service, you will also need a MTA certified by us as compatible with the Services as set forth in Section 8(a). You can lease an MTA from NTF, in which case it is NTF Equipment. In some areas, we may permit you to use the Services with an MTA which you have purchased, in which case the MTA will be Customer Equipment. Depending on availability in your area, you may have an option to install the MTA yourself, or to have NTF install it for you.
(c) Equipment for Wireless Phone Service.
To use NTF Wireless Phone Service, you must also purchase NTF’s Wireless Internet Service to the same location because NTF is technically unable to deliver the Wireless Phone Service separately.
To use these two Services, you must purchase a Fixed Wireless Modem and an analog telephone adapter (“ATA”) from NTF in accordance with Section 8(d). NTF ships these devices to you with instructions for self-installation.
(d) Incompatible equipment and services.
You acknowledge and understand that the NTF Phone Services may not support or be compatible with (i) Non-Recommended Configurations as defined in Section 8(b); (ii) certain non-voice communications equipment, including but not limited to alarm or security systems that make automatic phone calls; medical monitoring devices; certain fax machines; and certain “dial-up” modems; (iii) rotary-dial phone handsets, pulse-dial phone handsets, and models of other voice-related communications equipment such as answering machines and traditional Caller ID units; (iv) casual/dial around (10-10) calling; 976, 900, 700, or 500 number calling; (v) 211, 311, or other x11 calling (other than 411, 511, 611, 711, and 911); and (vi) other call types not expressly set forth in our product literature (e.g., outbound shore-to-ship calling and outbound satellite calling).
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST THE NTF PARTIES AND THEIR SERVICE PROVIDERS, FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE NTF EQUIPMENT, PURCHASED EQUIPMENT, 3RD PARTY EQUIPMENT OR THE SERVICES AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE SERVICES IN ACCORDANCE WITH SECTION 18.
(e) 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.
(f) No tampering with or relocation of equipment.
You will not service, alter, modify, or tamper with NTF Equipment or with the Services, or permit any other person not expressly authorized by NTF to do so. You agree that the MTA and ATA and the Phone 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 the Phone Services at another location, the Services, including but not limited to 911/E911, may fail to function or may function improperly. If you remove the Fixed Wireless Modem from your service location, Wireless Phone Service will not operate even if the ATA remains at the location.
As described in Section 5 above, you must notify NTF if you wish to relocate the MTA, ATA, or NTF Phone Services. If you move the MTA, ATA, or Services to another location without complying with Section 5, you do so in violation of this Agreement and at your own risk.
26. Transferring “Porting” your phone number
(a) Switching to NTF from another provider.
If you are switching to our Services from another service provider, you may transfer your existing phone number (if any) to our Services, provided that (i) you request the phone number transfer when you place your order for our Services; (ii) your current service provider releases your existing phone number, at our request, without delay or charge; (iii) transfer of your existing phone number to our Services would not, in our view, violate applicable law or our processes and procedures. (iv) you acknowledge and agree that if your MTA or Fixed Wireless Modem/ATA is set up before the date that the number transfer becomes effective (“Port Effective Date”), you may only be able to make limited outgoing calls over the phone that you have connected to such equipment. In that event, you should keep another phone connected to an existing phone extension at your service location to receive incoming calls until the Port Effective Date, after which you will be able both to make and to receive calls using our Services; and (v) you acknowledge and agree that to avoid an interruption in your phone service, it is extremely important that you have the MTA or Fixed Wireless Modem/ATA installed on or before the Port Effective Date. Your existing phone service for the number you are transferring will be disconnected on the Port Effective Date; if your equipment is not yet activated, you will not have access to our Services.
Therefore, you will not have service for that phone number. If you have questions about the timing of your Port Effective Date, please contact us.
(b) Switching from NTF to another provider.
To transfer your phone number from NTF to another service provider, you must terminate the Phone Services and place the transfer order through your new service provider (and not through NTF). NTF will release your phone number to your new service provider, provided that (i) your new service provider requests the transfer upon termination of your account; (ii) your new service provider is willing to accept transfer of the phone number without delay or charge; and (iii) transfer of your existing phone number to the new service provider would not, in our view, violate applicable law or our processes and procedures.
27. Regulatory limitations.
You understand and acknowledge that the NTF Phone Service may be subject to regulatory or tax treatment that differs from the regulatory or tax treatment applicable to traditional telephone service. This different treatment may limit or otherwise affect your rights of redress before federal or state regulatory or tax agencies.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO NTF HIGH-SPEED INTERNET SERVICES
You are responsible for all Internet activity and bandwidth usage originating from your or others’ use of your Services, including under any screen name or password. You agree to ensure that all use of your Services complies fully with this Agreement. You are solely responsible for protecting the confidentiality of your screen names, passwords, PINs, parental controls, and other security measures, and NTF shall have no liability for your failure to do so.
29. Equipment and software
(a) Monthly charges.
The monthly charge for the Services may include (i) rental of a broadband modem and other NTF Equipment, if applicable, to be installed at your Premises to permit connection of a PC to the Services, and (ii) rental of a license for the computer software licensed for the limited use described in this Agreement by NTF to you to enable you to access the Services, as described in Section 5(b) and 29(c). You must specify the number of PCs on which any software is to be installed on the Work Order for your Internet Services, and you shall not install the software on a greater number of PCs than specified in your Work Order. If software is installed on more than one PC, additional charges may apply. Additional charges may also apply for transactions, purchases, or access to other services.
NTF will install the NTF Equipment and software, unless you request otherwise, at the prevailing rates quoted prior to installation.
The license granted under Section 5(b) will permit such use by you and up to 5 persons authorized by you to use your Internet Services, under any password or screen name available to you, provided that you shall be responsible for all use of your Services.
30. Acceptable use Policy
(a) Lawful purposes only.
You shall use the Internet Services for lawful purposes only. You shall not post or transmit through the Internet Services any material (including any message or series of messages) that violates or infringes in any way upon the rights of others (including copyright), that is unlawful, threatening, abusive, obstructive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
(b) No resale.
(c) Copyrighted material.
The Services may provide access to copyrighted material, trademarks and other proprietary information. You may download copyrighted material solely for your personal use. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express prior written consent of NTF and, where applicable, the third party copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made. You may download public domain materials for your own use or non-commercial distribution.
You shall not upload, post or otherwise make available on the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner. You may upload public domain materials and are responsible for and assume all risks with respect to the determination of whether materials are in the public domain.
You hereby grant NTF the right to edit, copy, remove, publish and distribute any material made available on the Services by anyone using your Services (including postings to chat services, forums and bulletin boards on the Services) at any time for any reason. This provision is subject to the disclaimer contained in 30(i) below.
(e) Subscriber lists.
(f) Enforcement of acceptable use restrictions.
The provisions of this Section 30 are for the benefit of the NTF Parties and their third party content or information service providers and licensors, and each shall have the right to assert and enforce these provisions directly on its own behalf.
(g) Additional operating policies and conditions of use:
(i) 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.
(ii) You shall not participate or use your Services in any way to make fraudulent offers of products, items or services.
(iii) You shall not mass post the same message to any inappropriate on-line sites (junk e-mail, bombing or spamming).
(iv) You shall not post or e-mail scams such as “make-money-fast” schemes or pyramid or chain letters. Nor shall you 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.
(v) You shall not use the Services to send unsolicited advertising, promotional material or other forms of unwanted solicitation, except in areas on-line specifically designated for such communications.
(vi) You shall not interfere with NTF’s ability to provide Services to others, including the use of excessive bandwidth, or interfering with other users’ use of the Services.
(vii) You shall not transfer post or transmit files that contain viruses, worms, “Trojan Horses” or any other contaminating or destructive features.
(viii) You shall not export software or technical information in violation of United States export control laws.
(ix) You shall not perform any activity on the Services that constitutes a criminal offense.
(x) You shall not use the Services in any manner that disrupts Services for other NTF Customers, or which threatens to or actually causes damage to the NTF network, or is considered to be abuse of the network (examples include “spawning” dozens of processes, consuming excessive memory of CPU for long periods).
(xi) Use of any form of transmitter, router or wide area network, other than a USB modem purchased from NTF for Wireless Broadband Service, that enables persons or entities outside your service address to use the Services, whether or not a fee is sought, is prohibited. If you use a wireless network within 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.
(h) Remedial measures.
Depending upon the extent of any violation of these acceptable use restrictions, Customers may receive warnings, have their service suspended and or terminated. NTF reserves the right to monitor Customers’ actions when deemed necessary to troubleshoot connectivity problems or determine if there is an abuse of the NTF network or violation of the Acceptable Use Policy or these acceptable use restrictions.
(i) Violations of acceptable use restrictions.
Violations of this Section 30 may result in suspension or termination of Services, and, in some cases, may be unlawful, subjecting the violator to civil or criminal penalties.
In its sole discretion, NTF may initiate an investigation and, in order to prevent further possible unauthorized activity, may suspend access to Service to the individual Account in question. Confirmation of violations may result in cancellation of the individual Account and, in cases of unlawful activity, referral to law enforcement.
(k) Enforcement disclaimer.
By publishing these acceptable use restrictions, NTF is not assuming any obligation to any Customer or third party to take any action related to these restrictions. NTF 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.
NTF complies with the Online Copyright Infringement Liability Limitation Act of 1998. 17 USC 512 (“Act”). As required by the Act, we have a policy that reserves our right to terminate services to subscribers who repeatedly infringe copyrights. In the event that we receive a determination that any subscriber or account holder has infringed another’s copyright through the use of our system or network, we reserve the right to terminate service to that subscriber after receiving notice of any further copyright infringement by that subscriber.
NTF accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act. Notices and counter-notices related to claimed copyright infringements should be directed to the following designated agent:
Name: NOC Support
Address: 5000 Eldorado Parkway, Suite 150, Frisco, TX 75033
32. Service Speeds and Availability.
You understand and agree that the actual throughput rate you may experience at any time will vary based on numerous factors, including but not limited to the condition of wiring at your location, computer configurations, Internet and NTF network congestion and management, the time of day at which the Service is used, and the website servers you access. In addition, Wireless Internet and Phone Service are provided over radio frequencies and are available only within the operating range and limitations of radio equipment. Radio signals are subject to inherent limitations, including but not limited to blockage from the horizon or intervening terrain, structures or heavy foliage, and the effects of excess distance, multi-path distortion, radio or electronic interference, and other natural or man-made conditions, as well as the availability of electrical power and interconnection with telephone and data networks. You acknowledge that Wireless Internet and Phone Service are not available in all areas and that even within the NTF network coverage area the availability, quality, signal strength and network speeds may vary, may be lower than advertised and may be insufficient for use of the Service. You agree that any unavailability or impairment of these services is not a basis for a demand for a refund or credit or any claim against NTF. You agree to provide NTF with the address of where you primarily intend to use a wireless service, which will be used to determine the availability of coverage, and the address to which invoices should be sent (if different), and to promptly notify NTF of any changes to either such address. You agree to cooperate with NTF in connection with any remote or on-site service level verification or troubleshooting.
NTF shall have the right, but not the obligation, to monitor the content of the Services, including chat rooms, bulletin boards and forums, in order to determine compliance with this Agreement and any operating rules established by NTF. NTF shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service. Without limiting the foregoing, NTF shall have the right to remove any material that NTF, in its sole discretion, finds to be in violation of the provisions hereof or any operating rules established by NTF hereafter, or otherwise to be objectionable (including indecent or obscene words or material; obstructive or disruptive communications; epithets and the like). Under no circumstances, however, does NTF undertake any obligation to review or determine the acceptability or accuracy of any Customer postings.
34. Wireless Network Management.
NTF uses network management technology in our Wireless network to improve available network capacity to benefit the greatest number of customers. The network management technology will optimize streaming video, flash video and peer to peer file sharing applications bandwidth to reduce possible network congestion during peak traffic times. In addition the technology will prioritize Voice over IP traffic for improved telephone call quality.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO NTF VIDEO SERVICES
35. Programming availability.
Certain Services transmitted by us, including but not limited to some subscription Services, sporting events and broadcast network Services, may be blacked out in your area of reception. If you circumvent or attempt to circumvent any of these blackouts, you may be subject to legal action. You must be at least 18 years of age, or the applicable age of majority where you reside, in order to receive adult-oriented programming services.
36. Equipment used with video services
(a) Set-top boxes.
Some models of TV receivers or videocassette recorders may not be able to receive all of the channels offered on our system. Channel compatibility problems may occur if equipment like TVs and VCRs are connected directly to the cable system. Use of a set-top box typically resolves these problems. Channel compatibility problems associated with the reception of programming that is not scrambled or encrypted programming can be resolved by using a simple converter device without descrambling or decryption capabilities. Converters are available from NTF and may be available from retail outlets in some areas. If your service is received through a set-top box, you may not be able to use special features and functions on TVs and VCRs. For example, some set-top boxes may not be compatible with TV or VCR features that allow you to view a program on one channel while simultaneously recording a program on another channel; record two or more consecutive programs that appear on different channels; or use advanced picture generation and display features such as “Picture-in-Picture.”
(b) Additional set-top boxes.
To independently tune additional televisions or broadcast devices, a separate set-top box may be required for each television. Each additional set-top box will be authorized to receive the same Services as your initial receiver. If you desire to receive Services at two different locations, you must open a separate account for each location.
(c) Remote control devices.
Remote control devices available from retail outlets may be compatible with set-top boxes available from NTF. A list of models of remote control devices that are compatible with our set-top boxes are listed on our website at http://NorthTexasFiber.com.
(d) Downloads and Firmware.
NTF reserves the right to alter software or firmware in the equipment, and provide content to DVR products, through periodic downloads. NTF will use commercially reasonable efforts to schedule these downloads in a manner that result in the least amount of interference with or interruption to your Service.
(e) Available services, equipment, and pricing.
For more information on the NTF Video Services, channel lineups, NTF Equipment and pricing, please visit http://NorthTexasFiber.com or call NTF customer service at 469-215-5800.
37. Ordering pay-per-view or on-demand Services.
You may order pay-per-view or on-demand Services by using your on-screen program guide and remote control unit to select the movies and other events we offer. To order pay-per-view or on-demand Services, your digital receiver must be connected to our RF return path or a telephone outlet. You may also order special events and pay-per-view Services over the telephone by calling 469-215-5800.
38. Franchise authority contact information
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO NTF WIRE PROTECTION PLAN SERVICES
The NTF Wire Protection Plan (WPP) is a comprehensive wire repair, education and isolation service provided by NTF for a fixed term of twelve (12) consecutive months from the date of activation of the service, provided at a monthly recurring charge of $19.95 per month. If, after investigation by NTF employees, we determine that the problem is covered by this service, NTF will repair or correct the trouble at no cost to you consistent with generally accepted industry standards. If you decide to terminate the WPP service prior to the end of the initial term, we may, in our sole discretion, assess a $50.00 early termination fee upon your account.
40. Service Description.
(a) Facilities covered.
WPP shall apply to all wiring located on the Customer’s side of the Demarcation Point to the telephone jack, Internet modem, or video receiver in the Customer’s premises. The Demarcation Point is defined as the wall-mounted NIU/NID Unit on the outside of the Customer’s premises. For Customers residing in Multiple Dwelling Units (MDU) such as apartments, condominiums, dormitory, co-op, or other group facilities, the Demarcation Point is the wall jack or outlet where the NTF Service enters your individual unit.
(b) Services provided.
The WPP service plan includes the following wiring, education and issue isolation services: (1) Repair and replacement of wire from the demarcation point to the telephone jack, internet modem or set top box;
(2) Replacement of fittings, splitters, amplifiers and outlets installed or existing in accordance with accepted industry standards, as determined by NTF; (3) NTF supplied wiring which is installed at the time installation of a NTF service; (4) Customer education on NTF services and NTF equipment; (5) Wiring damaged by animal chews or non-intentional damage by the customer; (6) Identification of incorrect customer connections; and, (7) Identification of unauthorized outlets or jacks.
The WPP service plan does not include the following: (1) Customer-owned equipment to include but not limited to –TV, VCR, DVD, stereo, computer, phone, alarm system equipment, (2) Repair to customer installed equipment; (3) Replacement of installed wiring that does not meet accepted industry standards, as well as use of improper wire, such as doorbell or speaker wire; (4) Rewiring after catastrophic events like fires, floods, earthquakes or other acts of God; (5) Intentional damage to inside wiring; (6) Illegally installed wiring; (7) Cat-5 and telephone wiring are not covered in WPP service; (8) Wall fishing or wall punching; (9) Pre-existing conditions at the time of your subscription to the protection plan; (10) New jacks, first-time installation of wiring; and, (11) Outlets or wiring not activated or originally installed by an authorized NTF technician.
41. Suspension or termination of service.
NTF may immediately, and without prior notice, suspend or discontinue WPP service if NTF is no longer providing video, Internet or phone service to you; if any misuse or abuse of the services occurs, or if a hazard or danger to person or property exists which would prevent our technicians from performing the work in a safe manner. Subject to applicable law, NTF may discontinue WPP or modify any of these terms and conditions, at its sole discretion. NTF will provide thirty (30) days’ prior written notice of any material changes in the terms and conditions of this service. This notice may be included in your monthly bill.
42. Limitation of liability.
NTF shall not be liable for any injuries to persons or property arising out of installations, maintenance, repairs or any other work performed in connection with WPP. Further, NTF shall not be liable for any other damages including, but not limited to, indirect, incidental, special or consequential damages arising from the Customer’s use or inability to use the wiring whether covered by WPP or otherwise.
North Texas Fiber, Inc. : December, 2016