Agreement for Residential Broadband Services
Acceptance of this Agreement
Ignite Broadband is a division of the Dickson Electric System of the City of Dickson, Tennessee (“Ignite Broadband”). The residential broadband Internet, and telephone services (“Services”) and any equipment that is owned and provided by Ignite Broadband (“Ignite Broadband Equipment”) in connection with the Services will be provided to the customer of record as shown on the Ignite Broadband bill (collectively “Customer”, “you” or “your”). If the Customer does not receive a Ignite Broadband bill for the Services, the Customer shall be the person who uses and/or otherwise accepts the Services or Ignite Broadband Equipment. The Customer shall be solely responsible for complying with all the terms and conditions of this Agreement. The address as shown on the Ignite Broadband bill shall be the address of record or if the Customer does not receive a bill for the Services, it shall be the location where Ignite Broadband provides the Services and Ignite Broadband Equipment to Customer (“Premises”). The purchase, sale, and use of the Services and Ignite Broadband Equipment shall be according to the terms and conditions contained in this Agreement (the “Agreement”). If you use or otherwise accept any Services or Ignite Broadband Equipment, you are accepting this Agreement and you agree to be bound by its terms. The Customer may not modify this Agreement by making any typed, handwritten, or any other changes for any purpose.
Acceptable Use of Services
The Services and Ignite Broadband Equipment provided to Customer shall only be used by the Customer for your personal, residential, noncommercial use. Customer shall not: (i) make the Services and/or Ignite Broadband Equipment available, nor permit the Services and/or Ignite Broadband Equipment to be made available, or to provide Internet, telephone or similar services to one or more third parties; (ii) resell or transfer the Services or Ignite Broadband Equipment to any other person for any purpose, or charge others to use the Services or Ignite Broadband Equipment; (iii) use the Services in any manner that is contradictory to Ignite Broadband’s Acceptable Use Policy; (iv) tamper with, disrupt, or “hack” any Service or Ignite Broadband Equipment; (v) make use of the Services or Ignite Broadband Equipment in any way that is inconsistent with their intended purpose. A Customer’s use of the Services is subject to Ignite Broadband’s Acceptable Use Policy and Privacy Notice, and you agree to be bound by these policies. Copies of this Agreement, the Acceptable Use Policy and the Privacy Notice are available at www.ignitebroadband.com. A Customer who violates any terms contained in this Agreement or in any applicable policy are subject to have their Services suspended or terminated. It is your responsibility to read and understand this Agreement and all applicable policies prior to accepting any Services and Ignite Broadband Equipment. It is your sole responsibility for ensuring that other users of the Services and Ignite Broadband Equipment understand and comply with this Agreement and all applicable policies.
Unauthorized Use of the Services or Tampering
Customer agrees not to use or assist any other person to use any unauthorized equipment or device to access or tamper with Ignite Broadband’s broadband network, the Services, or Ignite Broadband Equipment for any purpose including, but not limited to, the unauthorized use and reception of the Services. Ignite Broadband may terminate the Services and seek damages from Customer if you perform any action described above. The unauthorized use, access or tampering of the Ignite Broadband network, Services, or Ignite Broadband Equipment may result in criminal prosecution.
Installation and Access
Customer agrees that Ignite Broadband, its employees, contractors, and agents may enter the Premises where the Services are provided and/or Ignite Broadband Equipment is installed at reasonable times for the purposes of installing, adjusting, repairing, replacing, maintaining, upgrading, moving, auditing, or removing any Ignite Broadband Equipment, as necessary. Customer represents that you either own the Premises or have the proper rights and permissions from the Premises owner to grant Ignite Broadband access to perform the activities specified above. Customer also agrees to allow access for the purpose of checking the operation and performance of the Services and Ignite Broadband Equipment. Customer may always ask for proper identification anytime an Ignite Broadband employee, contractor, or agent requests entry to the Premises. If proper identification is not provided, please do not allow access to the Premises.
Ignite Broadband Owned Equipment
All Ignite Broadband Equipment that is issued and not sold to Customer by Ignite Broadband which includes, but is not limited to, devices, software, and hardware, shall remain the property of Ignite Broadband at all times and will not be deemed a fixture or in any way a part of the Premises. Customer expressly agrees that you will use the Ignite Broadband Equipment exclusively for the Services. Customer agrees to be responsible for any loss, theft, or damage to the Ignite Broadband Equipment. Ignite Broadband may replace or remove any Ignite Broadband Equipment, at Ignite Broadband’s discretion, at any time the Services are active or following the termination of the Services. Customer understands that if you make any addition to, removal of, or change to the Ignite Broadband Equipment this may interrupt the Services. Customer may not sell, lease, abandon, or give away any Ignite Broadband Equipment. The Services and Ignite Broadband Equipment may only be used at the Premises unless expressly authorized by Ignite Broadband. At Customer’s request, Ignite Broadband may relocate the Ignite Broadband Equipment for a charge. Customer understands and acknowledges that if you attempt to install or use the Services or Ignite Broadband Equipment at a location other than the Premises or as otherwise expressly authorized by Ignite Broadband, the Services and Ignite Broadband Equipment may fail to function or may function improperly.
Customer Owned Equipment
Ignite Broadband is not responsible for the maintenance, operation, service, repair, or replacement of any equipment owned by Customer that is connected to or used in conjunction with the Services and Ignite Broadband Equipment including, without limitation, televisions, computers, tablets, telephones, routers, or any other equipment you own. Customer agrees to allow Ignite Broadband and its contractors to send software and application updates to your equipment and to configure your equipment when necessary to provide the Services, even if doing so changes, adds, or removes features or functionality or impacts the performance of such equipment. Ignite Broadband makes no representation or warranty that any software or application installed or downloaded on Customer equipment does not contain a virus or other harmful software. It is Customer’s sole responsibility to take appropriate precautions to protect your equipment from damage to its software, files, and data as a result of any such virus or other harmful software. Ignite Broadband makes no representation or warranty that the virus check software will detect or correct any or all viruses. Customer acknowledges that you may incur additional charges for any service call related to a virus or other harmful feature detected on your equipment. Absent gross negligence or willful misconduct, Ignite Broadband will not be responsible for any damage to Customer equipment arising from such activities. If Customer is not the owner of the equipment, you are responsible for obtaining any necessary approval from the owner to allow Ignite Broadband to access this equipment and to perform the activities listed above.
Wiring
All inside wiring located in the Premises is owned by the Customer and is the Customer’s responsibility regardless if Ignite Broadband installed the inside wiring. Ownership of the inside wiring begins twelve (12) inches from where the wiring enters the outside of the Premises. Ignite Broadband has no responsibility for the operation, maintenance, repair, replacement, or support of any inside wiring. At Customer’s request, Ignite Broadband may install or repair Customer’s inside wiring and will charge you for this service.
Credit Policy and Deposit
By making a request for Services, you agree that Ignite Broadband may review your previous billing history with Ignite Broadband and you authorize Ignite Broadband to make credit inquires and access your credit history from third parties. You further authorize Ignite Broadband to disclose this credit information to appropriate third parties for reasonable business purposes according to applicable law. Ignite Broadband may require you to pay a deposit acceptable to Ignite Broadband for the Services and/or the Ignite Broadband Equipment prior to activation of the Services or providing you with the Ignite Broadband Equipment. The deposit will be refunded to you upon the termination of all your Services and after all Ignite Broadband Equipment is returned to Ignite Broadband.
Billing and Payments
Ignite Broadband will bill all charges associated with the Services and Ignite Broadband Equipment monthly in advance (except for usage based charges, which will be billed monthly in arrears) plus applicable federal, state, and local taxes, and all other regulatory and governmental fees including, but not limited to, public, educational, and governmental access, universal service, and 911/E911 fees. Service charges and Ignite Broadband Equipment charges will be billed at Ignite Broadband’s then-current fee schedule. You may find Ignite Broadband’s current fee schedule online at www.ignitebroadband.com or by calling Ignite Broadband’s Customer Service Center at (615) 446-9051. Some regulatory and government-imposed fees and taxes may be imposed or become applicable retroactively and Customer will be responsible for paying any such fees and taxes. If you are exempt from payment of taxes, you must provide Ignite Broadband with an original certificate that satisfies all applicable legal requirements for tax exempt status. A tax exemption will only apply from and after the date Ignite Broadband receives it. You agree to pay all charges as shown on your bill within 15 days from the date of the bill. Your failure to pay the total bill balance when due may result in a late fee equal to the greater amount of $5.00 or 1.5% per month of the amount that is past due. The late fee charged is liquidated damages for the reasonable estimate of Ignite Broadband’s costs resulting from late payments or nonpayment of bills. Ignite Broadband may, in its sole discretion and according to applicable law, suspend or terminate your Services and remove Ignite Broadband Equipment from your Premises if you fail to pay the total bill balance by the 26th day of your billing cycle. If your Services are suspended or terminated for failing to pay the total bill balance when due, Ignite Broadband may require you to pay a reconnection fee. This reconnection fee is in addition to all past due charges and any other fees. If you pay by credit card but Ignite Broadband does not receive payment from your credit card issuer or its agents, you agree to pay this amount upon Ignite Broadband demand. Ignite Broadband may charge a reasonable fee allowed by law for all returned checks and credit and debit card chargebacks and the unpaid amount plus the fee must be paid by cash, valid credit/debit card, or cashier’s check. If your payment is returned as unpaid more than once, Ignite Broadband may require you to make all future payments by cash, valid credit/debit card, or cashier’s check. If Ignite Broadband retains an agency or attorney to collect any amount owed by you, you will be obligated to pay all of Ignite Broadband’s costs of collection, including court costs and attorneys’ fees. If you dispute any charge on your bill or if you are eligible to receive a bill credit, you must contact the Ignite Broadband Customer Service Center at (615) 446-9051 within 120 days after the date on your Ignite Broadband bill or you waive such dispute or credit. By using the Services, you are solely responsible for all charges payable to third parties that you may incur such as, but not limited to, calling phone numbers that charge for services, purchasing or subscribing to offers through the Internet, or for other content that is available but separate and apart from the Services charged by Ignite Broadband.
Third Party Licenses
The Services and Ignite Broadband Equipment may require the use of third-party licenses and may be subject to end-user license agreements. All such licenses and agreements are incorporated herein by reference. You are granted a revocable, nonexclusive license to use the third-party licenses strictly in accordance with this Agreement. You agree to comply with all end-user license agreements that accompany the Services and Ignite Broadband Equipment or are otherwise applicable to your use of the Services. Upon termination of your Services, all third-party licenses and end-user license agreements shall terminate, you agree to return all Ignite Broadband Equipment to Ignite Broadband, and you agree to return or destroy all versions and copies of any software received related to third party licenses and end-user license agreements. You agree not to use or assist any other person to use any unauthorized equipment or device to access or tamper with Ignite Broadband’s broadband network, the Services, or Ignite Broadband Equipment for any purpose, including, but not limited to, the unauthorized use and reception of the Services. Ignite Broadband may terminate your Services and seek damages from you if you perform any action described above.
Customer Service, Termination, or Changes
You may call the Ignite Broadband Customer Service Center at (615) 446-9051 for customer service inquiries or to terminate or make changes to your Services. Prior to making any changes to your Services, Ignite Broadband may verify your and confirm your elections. Upon termination, you will be charged for all Services up to the termination date Ignite Broadband will refund all prepaid monthly charges for the Services after the date of termination. You agree that immediately upon termination you will stop using the Services and return all Ignite Broadband Equipment to Ignite Broadband. You agree that when contacting the Ignite Broadband Customer Service Center, Ignite Broadband may monitor and record any telephone calls or other voice, data, or communications that are transmitted between Ignite Broadband and its agents and you, your agents, or any user of your Services and Ignite Broadband Equipment.
Changes to Service Terms and Conditions
Subject to applicable law, Ignite Broadband has the right to change this Agreement and any applicable policies at any time. Ignite Broadband also has the right to change Services, Ignite Broadband Equipment, rates and charges at any time with or without notice to you. Ignite Broadband may also change, add, or remove features or offerings contained in the Services including, but not limited to, changes to functionality, equipment requirements, and any terms and conditions related to the Services. Ignite Broadband may provide you notice of the changes by posting these notices on Ignite Broadband’s website at www.ignitebroadband.com. Notice may also be provided by mail to your billing address, by email to your email address associated with your account, or by including notice in your bill for the Services. You agree that any one of the foregoing will constitute sufficient and effective notice under this Agreement.
E911 Notice
Ignite Broadband must have Customer’s correct Premises address in order for 911 telephone calls to be properly directed. If Customer moves a telephone or uses Ignite Broadband phone service from a different location other than the Premises, a 911 call may not be properly directed. Customer agrees to call the Ignite Broadband Customer Service Center at (615) 446-9051 to notify Ignite Broadband of an address change prior to changing the location of where the Ignite Broadband phone services are being used. It may take up to 5 business days for the Premises address to be updated in the 911 system. Ignite Broadband’s phone service requires the electric power from your Premises. In the event of a power outage, 911 calling may be interrupted if battery back-up is not installed, fails, or is exhausted. Further, telephone calls may not be completed in the event of problems with network facilities or other technical problems. Ignite Broadband may provide a 24-hour battery backup in order to maintain the ability to make 911 calls during a power outage. Please call the Ignite Broadband Customer Service Center at (615) 446-9051 to see if a 24- hour battery backup is available for your Premises.
Intellectual Property
All intellectual property associated with the Services and Ignite Broadband Equipment including, but not limited to, all content, firmware, software, trademarks, trade names, and service marks are owned by Ignite Broadband, its suppliers, or their licensors and nothing in this Agreement or the use of the Services or Ignite Broadband Equipment shall grant Customer any right, title, license, or any other interest in the intellectual property. Upon termination of the Services, Customer agrees to return to Ignite Broadband or destroy all intellectual property in the possession of the Customer.
No Warranties
Ignite Broadband makes no warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, usage of trade, course of dealing, or course of performance or any warranty that the services or the Ignite Broadband equipment will meet customer’s requirements. The services and the Ignite Broadband equipment are provided to customer on an “as is” basis. The services are not fail-safe and may be disrupted. The services are not designed or intended for use in situations in which an error or interruption could lead to injury to business, persons, property, or the environment. Without limiting the foregoing, Ignite Broadband does not warrant that the services and Ignite Broadband equipment will be without failure, delay, interruption, error, degradation of quality and performance, or loss of content, data, or information. Statements and descriptions concerning the services or Ignite Broadband equipment, if any, by Ignite Broadband or by Ignite Broadband’s authorized representatives are informational and are not given as a warranty of any kind.
Limitation of Liability
In no event shall Ignite Broadband, including its officers, directors, employees, representatives, agents, contractors, suppliers, licensors, business partners, and service providers be liable to the customer or to any user of the services and equipment for loss of profits or for direct, indirect, special, incidental, exemplary, consequential, or punitive damages arising from or related to the services and equipment provided by Ignite Broadband under this agreement, or the delivery or failure to deliver the services and equipment even if Ignite Broadband has been advised of the possibility of any such damages. Without limitation of the foregoing, Ignite Broadband shall have no liability for any claims, losses, actions, damages, suits, or proceedings resulting from (i) others accessing the services or any equipment related to the services; (ii) security breaches, viruses, eavesdropping, or interception or interruption of the services; (iii) any mistakes, omissions, failures, malfunctions, theft, deletion, corruption of files, errors, defects, or failures of performance related to the services and equipment; and (iv) any use of the services or equipment that infringes upon any patent, trademark, trade secret, confidentiality, privacy, contractual rights, or any intellectual property rights of one or more third parties. It is expressly agreed that Ignite Broadband shall have no liability for any damage to the customer or any other person claimed to have resulted from the use of the services and/or Ignite Broadband equipment. In the event that Ignite Broadband is held liable for damages arising out of or relating to the services, this agreement, or its obligations under this agreement from a court with jurisdiction, Ignite Broadband’s aggregate liability shall not exceed the total amount paid by the customer to Ignite Broadband for the services for the 6 month period immediately preceding the occurrence of the event giving rise to such liability. Dickson Electric System shall have no liability under this agreement or in connection with the services provided under this agreement.
Indemnity
Customer agrees to defend, indemnify, and hold harmless Ignite Broadband from all liabilities, damages, claims, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) that arise from (i) customer’s use or misuse and from all other persons who may use or misuse the services and equipment; (ii) any violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property of any third party from customer’s use of the services or use of any equipment in conjunction with the services; (iii) from use or failure of the 911/E911 functionality or any other dialing associated with a home security, home detention, medical monitoring, or other similar system; (iv) and from customer’s breach of any provision of this agreement or applicable policy. Where customer is obligated to indemnify or hold Ignite Broadband harmless anywhere in this agreement, those obligations run not only to Ignite Broadband but also to its and to Dickson Electric System’s respective board members, officers, employees, representatives, contractors, agents, suppliers, licensors, business partners, and service providers.
Miscellaneous
This Agreement and any other documents incorporated by reference constitutes the final, complete, and entire written agreement between Ignite Broadband and Customer and supersedes all previous communications, representations, agreements, promises, statements, proposals, and specifications, whether written or oral. If any provision of this Agreement is held to be unenforceable, the unenforceable provision shall be replaced with a valid provision in accordance with applicable law and shall have substantially the same commercial effect as the unenforceable provision to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. If Ignite Broadband fails to insist upon or enforce strict performance of any provision of this Agreement, it shall not thereby waive any provision or right. Any waiver by Ignite Broadband with respect to this Agreement shall not be deemed a continuing waiver or a waiver with respect to any other failure to comply with any other obligation, right, or duty of this Agreement. Any waiver of this Agreement shall only be valid if provided in writing. Neither the course of conduct between the parties nor trade practice shall modify this Agreement. This Agreement may not be assigned without the express written consent of Ignite Broadband. Ignite Broadband and Customer hereby certify that they are independent parties, and nothing herein shall be construed to create a partnership, joint venture, agency, or any other type of fiduciary or service relationship between Ignite Broadband and Customer, and neither party shall have the authority to bind the other party in any respect.
Force Majeure
Without affecting any other limitation on liability or disclaimer contained herein, Ignite Broadband shall in no case be liable for any harm caused to Customer or to others or to your successors and assigns if the event or circumstance causing such harm is beyond Ignite Broadband’s reasonable control, including, but not limited to, acts of God, fire, earthquake, flood, the elements, or other catastrophes; strikes, lock-outs, work stoppages or other labor difficulties; utility curtailments, power failures, explosions, insurrections, riots, wars or civil disturbances; any law, order, regulation, or requests of any government or of any civil or military authority; national emergencies; shortages or failure of equipment or supplies; unavailability of transportation; acts or omissions of third parties; or any other cause beyond Ignite Broadband’s reasonable control.
Governing Law
This Agreement and the relationship between Customer and Ignite Broadband shall be governed by the laws of the State of Tennessee without regard to conflict of laws principles, and Customer agrees to the personal jurisdiction of the courts of Dickson County, Tennessee and that these courts shall be the exclusive venue for resolution of any dispute that may arise out of the Services or this Agreement.
Survival
Certain obligations under this Agreement, by their terms, shall continue beyond termination of the Services including, but not limited to, provisions dealing with payment for the Services and Ignite Broadband Equipment, access to the Premises, disclaimers of warranties, limitations of liability, and indemnity. The suspension, termination, expiration, or cancellation of the Services under this Agreement shall in no way affect the survival of such obligations.
Additional Representations and Warranties
In addition to representations and warranties Customer makes elsewhere in this Agreement, Customer also represents and warrants that: (i) you are at least 18 years of age; (ii) you have provided Ignite Broadband with information that is accurate, complete, and current, including, without limitation, your legal name, address, telephone number(s), email address(es), the number of devices on which or through the Services are being used, and payment information; (iii) you agree to immediately notify Ignite Broadband if there is any change in the information that you have provided to Ignite Broadband; (iv) you own or have a legal right to occupy the Premises; and (v) that the Services and Ignite Broadband Equipment shall not be used for any illegal purpose or in any way that may violate the law.