Thank you for selecting Brightspeed as your service provider.

This Brightspeed Subscriber Agreement (“Subscriber Agreement”) applies to all Services and Equipment (as defined below) provided by Brightspeed. This Subscriber Agreement is between you (referred to in this Subscriber Agreement as “you” or “customer”) and Brightspeed Broadband, LLC on behalf of itself and its affiliates that provides the Services and Equipment (collectively, “Brightspeed” “we,” “us,” or “our”). This Subscriber Agreement is intended solely for you and us and it will not benefit or be enforceable by any other person or entity.

You’ll see capitalized words in this Subscriber Agreement that have specific meanings and are defined in Section 4 below.

You accept this Subscriber Agreement and agree to its terms by enrolling in the Services, activating the Services, using the Services, continuing to use the Services after we provide notice of a change to this Subscriber Agreement, or otherwise indicating your acceptance of the Services. You represent that you are of legal age to enter into this Subscriber Agreement and are bound by it. You may not modify this Subscriber Agreement by making any typed, handwritten, or other changes.

You should read this Subscriber Agreement in its entirety. BUT EVEN IF YOU CHOOSE NOT TO READ IT, ITS DISCLOSURES, TERMS, AND CONDITIONS WILL BE LEGALLY BINDING UPON YOU. If you do not accept this Subscriber Agreement, do not use the Services, Brightspeed-provided Equipment, or Software and notify us immediately to cancel and return all Brightspeed-provided Equipment supplied by us by calling 1 833-692-7773 or emailing us at support@brightspeed.com.

HERE ARE SOME IMPORTANT PROVISIONS IN THIS SUBSCRIBER AGREEMENT THAT WE WANT TO HIGHLIGHT FOR YOU BECAUSE THEY AFFECT YOUR RIGHTS UNDER CERTAIN CIRCUMSTANCES:

• SECTION 13 ALLOWS US TO TERMINATE THIS SUBSCRIBER AGREEMENT, YOUR PASSWORD, YOUR ACCOUNT, AND/OR YOUR USE OF THE SERVICES WITHOUT NOTICE AND FOR ANY REASON.

• SECTIONS 14 and 15 CONTAIN LIMITATIONS ON BRIGHTSPEED’S LIABILITIES AND WARRANTIES, INCLUDING LIMITATIONS ON THE DAMAGES YOU MAY RECOVER FROM BRIGHTSPEED FOR ISSUES YOU MAY ENCOUNTER WITH YOUR SERVICE, BRIGHTSPEED-PROVIDED EQUIPMENT, AND/OR SOFTWARE.

• SECTION 17 CONTAINS MANDATORY DISPUTE RESOLUTION PROCEDURES. THESE PROCEDURES LIMIT THE AMOUNT OF TIME YOU HAVE TO RAISE ANY DISPUTE WITH BRIGHTSPEED OR FILE ANY LAWSUIT AGAINST BRIGHTSPEED AND CONTAIN PRE-LAWSUIT DISPUTE RESOLUTION REQUIREMENTS THAT MUST BE MET BEFORE FILING ANY LEGAL ACTION. THESE PROCEDURES ALSO REQUIRE THAT ANY LAWSUIT OR CLAIM BE PURSUED ONLY ON AN INDIVIDUAL BASIS, NOT AS A CLASS OR COLLECTIVE ACTION, AND BE RESOLVED BY A JUDGE, NOT BY A JURY.

• WHERE REQUIRED BY LAW, CUSTOMERS WHO CANCEL THEIR SERVICE WITHIN THE FIRST THREE (3) DAYS, OR SEVEN (7) DAYS, AS APPLICABLE, FOLLOWING ACCEPTANCE OF THIS SUBSCRIBER AGREEMENT WILL BE REFUNDED ALL CHARGES INCURRED WITH RESPECT TO THEIR ACCOUNT.

TABLE OF CONTENTS:

1. Applicability of this Subscriber Agreement
2. Additional Terms
3. Definitions
4. Billing Documents
5. Equipment
6. Software
7. Changes to Services or this Subscriber Agreement
8. Service Conditions
9. Installation, Maintenance and Support
10. Acceptable Use Policy
11. Privacy
12. Rates and Charges; Payment
13. Term and Termination
14. Limitation of Liability
15. Warranty
16. Indemnification
17. Dispute Resolution
18. Notices
19. Supremacy
20. Entire Agreement
21. Assignment
22. Governing Law
23. General

Service-specific Service Terms:

Service Terms for Internet Services

Service Terms for Brightspeed Digital Voice

Service Terms for Brightspeed's Value-Added Services

Service Terms for 4G Voice Service

1. APPLICABILITY OF THIS SUBSCRIBER AGREEMENT
   1. This Subscriber Agreement applies to Services provided to you by Brightspeed except as provided in this Section 1.
   2. This Subscriber Agreement does not apply to any Brightspeed-owned or -controlled websites and mobile apps, which are subject to their own terms of service and policies, such as the Website User Agreement. You agree to comply with the Website User Agreement when you access or use a Brightspeed website for any reason. This Subscriber Agreement also does not apply to the following additional services that may be provided to you by Brightspeed:
      1. copper-based voice services (local and long distance), which is subject to a separate set of tariff-based terms that can be found at:  https://www.brightspeed.com/aboutus/legal/consumer/tariff-library/.
   3. You might receive Services under an agreement with your property owner or manager.  If that is the case, you are still subject to this Subscriber Agreement.  You also may have a contract with your property owner or manager.  Brightspeed is neither responsible for nor bound by the terms of that contract between you and your property owner or manager. Certain provisions of this Subscriber Agreement might or might not apply depending on the terms of the contract with your property owner or manager, such as Brightspeed might or might not directly charge you for Services and/or Equipment.  If the arrangement with your property owner or manager terminates, you will continue receiving Services under standard billing terms and this Subscriber Agreement unless you terminate the Services pursuant to this Subscriber Agreement.

(back to top)

2. ADDITIONAL TERMS

Additional Service-specific terms apply to your use of the Services or any ancillary service or equipment as described in the Service Terms. These additional terms are available in the following Service-specific Service Terms: Service Terms for Internet Services; Service Terms for Digital Voice; Service Terms for Value-Added Services; Service Terms for 4G Voice. These additional terms are also part of this Subscriber Agreement. If any additional terms conflict with the terms of this Subscriber Agreement, the additional terms specific to the particular Service will govern. We reserve the right to provide notice of new websites or locations for additional terms.

(back to top)

3. DEFINITIONS
   You’ll see some capitalized words in this Subscriber Agreement that have specific meanings as defined in this section.  Some other capitalized words with specific meanings are defined in the sections where they first appear. 
   1. “Account Information” means the username and password and/or other information necessary to use or access the Services, which Brightspeed will provide to you upon completing the registration process.
   2. “Acceptable Use Policy” and “AUP” means the applicable Acceptable Use Policy posted at https://www.brightspeed.com/aboutus/legal/consumer/legal-notices/acceptable-use-policy/, including all future revisions.
   3. "Authorized Designees" means members of your family or business associates that you, at your own risk and responsibility, permit to access the Services using your Account Information.
   4. “Billing Documents” means the bills, invoices, purchase receipts and/or order confirmation documentation that Brightspeed provides to you (in paper or electronic format) for your use of the Services.
   5. “Brightspeed” (also “we,” “us,” “our,” or “Brightspeed”) means Brightspeed Broadband, LLC on behalf of itself and its affiliates.
   6. “Brightspeed Customer Portal” means an online method you may use to view, modify and pay for Services and/or Brightspeed-provided Equipment as described in Section 12 of this Subscriber Agreement.
   7. “Brightspeed-provided Equipment” means equipment offered or provided to you by Brightspeed that will enable you to use the Services and includes Leased Equipment and Purchased Equipment (as defined below).
   8. “Customer Hardware” means equipment and devices purchased by you from a third-party for use with Services.
   9. “Force Majeure Event” means an unforeseeable event beyond the reasonable control of a party, including without limitation: acts of God; fire; flood; epidemics, pandemics, or outbreaks of communicable diseases; quarantines; national or regional emergencies; labor strike or unrest; sabotage; cable cuts; acts of terror; power shortage or power failure, e.g., rolling blackouts; material shortages or unavailability or other delay in delivery not resulting from Brightspeed’s failure to timely place orders therefore; lack of or delay in transportation; government codes, laws, regulations, ordinances, rules, or restrictions; war or civil disorder; or failures of suppliers of goods and services.
   10. “Late Charge” is a fee of up to the maximum amount allowed by law that is assessed each month in which any portion of the payment is not received by or immediately available to us by the due date.
   11. “Leased Equipment” means the Brightspeed-provided Equipment for use with the Services regardless of who installed the Leased Equipment, and regardless whether a separate lease fee appears on your Billing Documents. Any monthly rental payments, periodic use payments, or similar arrangements related to Leased Equipment between you and Brightspeed are not purchases of the Leased Equipment.
   12. “MRCs” means monthly recurring charges, which might be a single charge that is comprised of sub-charges for one or more Services and Leased Equipment, among other things.
   13. “NRCs” means non-recurring, one-time charges for Services, Brightspeed-provided Equipment and other fees you agree to pay when you order the Services or in this Subscriber Agreement.
   14. “Payment Services” means payment services operated by a third-party, including digital payment services and financial services.
   15. “Purchased Equipment” means the Brightspeed-provided Equipment purchased by you from Brightspeed for use with the Services regardless of who installed the Purchased Equipment. Any monthly payments, periodic use payments, or similar arrangements related to Leased Equipment between you and Brightspeed are not purchases of the Leased Equipment.
   16. "Regulatory Activity” means any regulation and/or ruling applicable to some or all of the Services, including modifications thereto, by any regulatory agency, legislative body, or court of competent jurisdiction.
   17. “Service" or “Services” includes one or more of the following provided to you by Brightspeed or its suppliers.  “Service” or “Services” when used in product-specific Service Terms refer to the specific service or services being described therein.
       1. “Internet Services” means Brightspeed’s internet access services as further described in the Service Terms for Internet Services.
       2. “Voice” means voice services as further described in the Service Terms for Brightspeed Digital Voice or the Service Terms for the 4G Voice Service, and related Brightspeed installation, repair, support, and provisioning pursuant to this Subscriber Agreement.
       3. “Value-Added Services” means additional products and services offered by Brightspeed or its suppliers that complement either Internet Services or Voice as further described in the Service Terms for Brightspeed’s Value-Added Services.
   18. “Software” means software provided or made available to you by Brightspeed that is owned by Brightspeed or a Brightspeed supplier. 
   19. “Subscriber Location” means the physical location(s) where you tell Brightspeed to deliver the Service(s).
   20. “Taxes” means foreign, federal, state, and local taxes, other similar charges, and any other imposition that governmental entities or agencies may levy or assess that we collect from you and other Customers and remit to such governmental entities or agencies.
   21. “Website User Agreement” means the terms and conditions posted at the following URL that apply to your use of Brightspeed’s websites. Those terms and conditions can be found at: https://www.brightspeed.com/aboutus/legal/consumer/website-user-agreement/

(back to top)

4. BILLING DOCUMENTS
   1. We strongly encourage you to read your Billing Documents each month and we’re here to help you understand your monthly billing. All Services, Software, Brightspeed-provided Equipment is provided to you at the amounts shown on your Billing Documents. If you have any question about your Billing Documents, please contact Brightspeed by calling 1 833-692-7773 or emailing us at support@brightspeed.com.  We will work with you to make sure you understand every aspect of your Billing Documents and try to resolve any issue or dispute you might have.
   2. Here's another good reason to read your Billing Documents each month. We may include important messages related to your Services or changes to the agreements between you and us in the body of the Billing Documents or as a link within your Billing Documents. It is your responsibility to read and understand these messages.

(back to top)

5. EQUIPMENT
   1. Brightspeed-provided Equipment.  Brightspeed indicates at the time of enrollment whether it will provide any equipment to you for use of the Services you enroll in and whether the Brightspeed-provided Equipment is Leased Equipment or Purchased Equipment.  The terms of this Subscriber Agreement and the Billing Documents sent to you by Brightspeed govern your payments for, use, ownership and return of all Brightspeed-provided Equipment. 
   2. Leased Equipment.
      1. Ownership & Return. Leased Equipment is our property.  You may not assign, rent, or transfer Leased Equipment or your rights or duties under this Subscriber Agreement to another without our prior written consent. You agree not to mishandle, abuse, misuse, or improperly store or operate the Leased Equipment, including using Leased Equipment with equipment electrically or mechanically incompatible with it. If Leased Equipment is damaged and/or non-operational for any reason other than a manufacturing defect during your use of the Services, you agree we may charge you for its full retail cost (the “Equipment Charge”). We do not refund or credit lease payments if the Leased Equipment is non-operational due to manufacturing defect or any other reason outside your reasonable control.  Please contact us by calling 1 833-692-7773 or emailing us at support@brightspeed.com if your Leased Equipment is not working properly. Replacement Leased Equipment may or may not be the same model. You are required to return your Leased Equipment according to the return policy and procedure we provide to you.
      2. Lease Payments.  Lease payments are due for every month you lease Leased Equipment and lease payments do not count towards a purchase of Leased Equipment.
         
   3. Purchased Equipment. You will be deemed the owner of Purchased Equipment.  You will bear all risk of loss of, theft of, casualty to or damage to the Purchased Equipment from the time it is received by you. If Purchased Equipment is inoperable, please contact us by calling 1 833-692-7773 or emailing us at support@brightspeed.com. If Brightspeed deems Purchased Equipment has a manufacturing defect, the Limited Warranty (set forth in the “Warranty” section below) will apply if it has not expired. If Purchased Equipment fails as a result of a manufacturing defect after the Limited Warranty has expired or fails for any other reason you may request that we deliver replacement Purchased Equipment with the understanding that any such replacement Purchased Equipment, if available, will be charged to you at our then-current rates, plus shipping and handling and any applicable Taxes. Replacement Purchased Equipment may or may not be the same model.
   4. Customer Hardware. If you decide to use Customer Hardware, in lieu of or in conjunction with the Brightspeed-provided Equipment, you understand and acknowledge that WE, OUR AFFILIATES, SUPPLIERS, AND/OR AGENTS WILL NOT BE RESPONSIBLE/LIABLE IF: (I) YOU CANNOT ACCESS YOUR SERVICES, (II) ONE OR SEVERAL OF THE SERVICES DO NOT FUNCTION CORRECTLY OR AT ALL, OR (III) YOUR CUSTOMER HARDWARE, SOFTWARE, PERIPHERALS, OR DATA IS DAMAGED. YOU WILL BE LIABLE TO US FOR DAMAGE TO ANY BRIGHTSPEED-PROVIDED EQUIPMENT.
      
   5. Battery Backups. It is your responsibility to provide your own battery backup for Brightspeed-provided Equipment and Customer Hardware.
      
   6. Third-Party Providers. Purchase, rental, use of, or subscription to any third-party services, software, or equipment offered by or through us is subject to the third-party provider’s terms. We are not responsible or liable for any such services, software, or equipment. The foregoing limitation of liability is in addition to and will not limit any other limitation of liability set forth in this Subscriber Agreement.

(back to top)

6. SOFTWARE
   Your use of the Services may require or enable you to download or otherwise install or use Software. Here are some important things to know about your use of the Software:
   1. Installation and Use. By installing the Software and using the Services or using Brightspeed-provided Equipment with the Software, you are agreeing to abide by all of the terms of this Subscriber Agreement and the terms of our third-party providers that relate to the Software.
   2. License. If the Software is accompanied by an end user license agreement (“EULA”), your use of the Software is governed by the terms of that EULA. You accept and agree to the terms of the EULA by installing the Software and using the Services. If the Software is not accompanied by a EULA, we grant you a limited, personal, revocable, nonexclusive, nontransferable, non-assignable license to install and use the Software solely for purposes of using the Services and/or Brightspeed-provided Equipment. The license is effective upon the earlier of delivery or installation and extends only to your own use of such Software and only on the designated Brightspeed-provided Equipment or with the designated Services.
      
   3. No Modification. You may not modify the Software in any way or change or delete any copyrights, trademarks, service marks or other proprietary rights or notices that appear or are used in connection with the Software or the Services. You agree that the Software is the confidential and proprietary property of Brightspeed or its third-party owner and may not be disclosed or reproduced unless specifically authorized by us or the third-party owner. In addition, you agree that you will not de-compile, disassemble, reverse engineer, create derivative works or otherwise reduce the Software to a human readable form.
      
   4. Ownership. You acknowledge that Brightspeed or the third-party owner of the Software, as applicable, own all right, title, and interest, including without limitation all copyright, patent, trademark, and trade secret rights in the Software and related documentation, updates, and upgrades. You are not granted any ownership rights in the Software and may not sublicense, loan, rent, lease, distribute, share, or otherwise transfer the Software to anyone else.
      
   5. No Export. The Software may be used only in the United States and any export of the Software is strictly prohibited.
      
   6. Updates, Upgrades, or Changes. From time to time, we may update, upgrade, or change the Software and related settings on the Brightspeed-provided Equipment and/or your Customer Hardware. You agree to cooperate with us in performing such activities. A program downloaded to your Customer Hardware when Services are installed will perform automatic updates to certain Service-related Software on a regular basis. Certain Software may collect information necessary to perform this function. Any information collected as part of this process will be treated in accordance with Brightspeed’s Privacy Policy, which can be obtained at: https://www.brightspeed.com/aboutus/legal/consumer/privacy-notice/,  You may choose to turn off the automatic updates function. You acknowledge that doing so may negatively impact performance of the Services, the Brightspeed-provided Equipment and/or the Customer Hardware.
      
   7. Termination. We may discontinue provision of the Software for any reason. Additionally, Software will no longer function if: (i) you or your Authorized Designees discontinue subscribing to our Services or to the the Software (if subject to a subscription); (ii) this Subscriber Agreement is terminated for any reason whatsoever; or (iii) when your prepaid term for Services under this Subscriber Agreement expires and you have not purchased a new term. Upon termination of a Service or our notice to you of discontinuance of the Software offering for any reason, you must immediately stop using the Software associated with the terminated Service and destroy any copies you may have and delete it from your computer.

(back to top)

7. Changes to Services or this Subscriber Agreement.
   
   We sometimes make necessary changes to the Services or to this Subscriber Agreement, including to Service Terms:
   1. Effective immediately upon posting to www.brightspeed.com, or of any written notice to you, including e-mail and messages on or with your Billing Documents, we may:
      1. stop offering all or part of the Services,
      2. change a Service and/or this Subscriber Agreement in a way that does not directly result in a material and adverse economic impact to you, and/or
      3. reduce MRCs or NRCs.
         

         Please check such Website, your Billing Documents, and your e-mail regularly for changes.

   2. Effective upon 30 days written notice to you, including email and messages on or with your Billing Documents we may:
      1. increase MRCs and/or NRCs,
      2. change a Service and/or this Subscriber Agreement in a way that directly results in a material and adverse economic impact to you, and/or
      3. change the Dispute Resolution and Arbitration; Governing Law provision.
         

         Brightspeed may reduce the foregoing notice period if any of the foregoing changes are based upon Regulatory Activity.

   3. You accept the above changes by your continued use of the Services, Brightspeed-provided Equipment, and/or the Software after the applicable notice period. If you later conclude you no longer agree to the terms applicable to the Service(s), you must immediately stop using the relevant Service, Brightspeed-provided Equipment, and Software and terminate the impacted Service(s). The Term and Termination provision in Section 13 below describes how you can terminate your Service.
   4. You may not change this Subscriber Agreement. Any changes you make or other terms you add to this Subscriber Agreement, or propose in any other documents, written or electronic, are void.

(back to top)

8. Service Conditions.
   
   It’s important for you to be aware of the following conditions that apply to the Services as we may suspend, terminate, or limit use of your Service if you violate any of these conditions.
   1. Limits on Use. You agree not to use the Services in a way that impacts our network resources or our ability to provide services. You agree not to offer public information services (unlimited usage or otherwise). Your use of the Services may be shared to connect multiple computers/devices to the Brightspeed-provided Equipment when those computers/devices are within a single home or office location or within a single unit within a multiple dwelling unit (e.g., single apartment or office within an apartment complex). Those connections are permitted for the sole purpose of accessing the Services to which you subscribe (including the establishment of a wireless fidelity (“WiFi”) hotspot). You may not use a WiFi hotspot in violation of this Subscriber Agreement or in a way that provides Services outside your residence or your single unit within a multiple dwelling unit. You agree not to resell or distribute, transfer the Services via any means, unless you have obtained our prior written consent. In addition, you cannot resell Services provided by Brightspeed over a WiFi hotspot. You will not be in violation of this Subscriber Agreement by allowing authorized employees, contractors, or users to access the Services (e.g., the customers of the establishment or hotel/motel guests and patrons). You may not use more than one IP address for each log-on session unless an advanced service allocating you more than one IP address has been purchased. The Services may only be used in the U.S. The Services may be used to host a server, personal or commercial, as long as such server is used pursuant to the terms and conditions of this Subscriber Agreement and not for any malicious purposes. Malicious purposes include, without limitation, spam, viruses, worms, trojans, denial of service (DoS), etc. You acknowledge that you are aware that certain content accessible through the Services may contain material that is unsuitable for minors. Accordingly, you agree to supervise any minor's use of the Services through your account. We will not be liable for any loss or damage arising from your failure to comply with this Section.
   2. Data Usage Limits. Your use of the Service is subject to data usage limitations applicable to your Service plan, if any.
   3. Residential WiFi. Depending upon the Service you purchase, our Service may include Wi-Fi enabled Brightspeed-provided Equipment in order to help you allow Wi-Fi enabled devices to wirelessly connect to your Internet Service (“Residential Wi-Fi,”).
      In order to use Residential Wi-Fi, you must have Wi-Fi enabled devices that (a) meet U.S. and WiFi Alliance standards; (b) are compatible with the Wi-Fi network being generated by the applicable Wi-Fi Equipment; and (c) are capable of running IP and related protocols. The Wi-Fi enabled devices you are utilizing must be in close enough proximity to the Brightspeed-provided Equipment to achieve connectivity with the Residential Wi-Fi. The actual Residential Wi-Fi coverage and quality may vary depending upon the location of the Brightspeed-provided Equipment, the location of your Wi-Fi enabled devices and conditions in and around your premises.
      Residential Wi-Fi is designed to provide you with the highest speed available from your home network at any given point in time, subject to the many different factors that can affect network performance. Brightspeed’s most recent generation of Wi-Fi Equipment generally supports the Wi-Fi 6 (IEEE 802.11ax) standard and is compatible with older Wi-Fi (IEEE 802.11 a/b/g/n/ac) standards. Older Brightspeed-provided Equipment may only support older standards. The theoretical maximum speed you may be capable of achieving from your Residential Wi-Fi will depend heavily on which Wi-Fi (IEEE 802.11) standard is supported by the Brightspeed-provided Equipment and/or Customer Hardware you use as well as which Wi-Fi (IEEE 802.11) standard is supported by the particular device you are utilizing. In addition to the factors discussed above, the actual speed you experience over Wi-Fi will depend in part on the speed of the connection between the Wi-Fi network you are accessing and the destination you want to reach on the Internet, which may be significantly below the theoretical maximum speed of the service.
   4. Authorized Use. You (i) are responsible for maintaining the confidentiality of passwords used with the Service, including maintaining a strong and confidential wireless network password, (ii) are responsible for all use of your Services and account and anything accessed through the Services, whether by you or someone using your account with or without your permission, including all secondary or sub-accounts associated with your primary account, (iii) are responsible for paying for all activity associated with your account, and (iv) will ensure that all use of the Services complies with this Subscriber Agreement. Wireless networking devices use public radio channels to transmit voice and data communications. Brightspeed cannot guarantee the security, privacy, or confidentiality of any transmissions made via the Services or such wireless networking devices. Brightspeed makes no assurances or warranties relating to their use by you. In light of the above, you acknowledge that your use of the Services in a wireless network environment is at your own risk. You must ensure that any Authorized Designees will comply with this Subscriber Agreement. You agree: (A) that only you and your Authorized Designees will use your Account Information and that you will not transfer or disclose such Account Information to any other person, and (B) to immediately notify us of any unauthorized use on your account or any other breach of security.
   5. Service Interruptions. You agree we may restrict your use of or interrupt the Service without notice for: (i) maintenance activities; (ii) equipment, network, or facility upgrades or modifications; or (iii) to ensure acceptable service levels to all Brightspeed customers. We are not responsible or liable for any Service deficiencies or interruptions caused by such events. You agree that Brightspeed, in our sole discretion, may place restrictions on use of your Services, and immediately disrupt, suspend, or terminate your Services without notice for violations, suspected violations, or to prevent violations of this Subscriber Agreement. The Services cannot be used for any unlawful, abusive, or fraudulent purpose, including, without limitation, using the Services in a way that: (i) interferes with Brightspeed's ability to provide service to Brightspeed’s other customers, (ii) avoids your obligation to pay for services, (iii) constitutes a criminal offense, (iv) gives rise to a civil liability, or (v) otherwise violates any law, order, ordinance, governmental requirement or regulation or this Subscriber Agreement.
   6. Monitoring and Testing the Service. We may, but are not obligated to, monitor & analyze the Services for various purposes, including but not limited to verifying compliance with this Subscriber Agreement (including the AUP) and for usage statistics that may be used for marketing or other purposes. We may access and record information about your devices, including, but not limited to, the type of device, the device’s operating system version, geo-location information based upon your consent, Leased Equipment information, aggregate broadband traffic, speed/throughput tests, profiles and settings including IP and MAC addresses, and installed software. You agree to permit us and our applicable third-party supplier to scan network ports, access your Brightspeed-provided Equipment and Customer Hardware. You also consent to our monitoring of your Internet connection and network performance, and to our accessing and adjusting the settings of Brightspeed-Provided Hardware and Customer Hardware for the purpose of providing the Services (including the Software) and managing the security and performance of our network. We may also test Services for maintenance purposes to detect and/or clear trouble.
   7. We do not guarantee availability of the Services and strongly encourage you to take steps to prevent losses from issues you may encounter with your Services, Brightspeed-provided Equipment, and/or Software. We strongly recommend against using your Services, Brightspeed-provided Equipment, and/or Software in any manner that may cause you to suffer damage or loss of any kind if the Services, Brightspeed-provided Equipment, and/or Software become unavailable or experience performance issues. For example, if you use your Services, Brightspeed-provided Equipment, and/or Software for any business or commercial purpose, we urge you to consider obtaining business interruption insurance to cover the risk of business or commercial losses. For more important information about Brightspeed’s network performance, please see Section 1(a)(ii) in the Service Terms for Internet Service and our Internet Service Disclosure located at: https://www.brightspeed.com/aboutus/legal/consumer/internet-service-disclosure/
   8. Data Management and Security. WE STRONGLY RECOMMEND USE OF COMMERCIAL ANTI-VIRUS AND FIREWALL SOFTWARE. It is your responsibility to secure computers, servers, and equipment to avoid the opportunity of becoming exploited. You are responsible for the management and security of your data, including, without limitation, backing up and restoring your data, managing file and print sharing, implementing procedures for accuracy of data and its transmission, and implementing security, such as anti-virus and firewalls. We are not responsible for the management of your data, including, without limitation, loss of your data or back-up or restoration of your data. We are not responsible for the security of your data on your computer or server.
   9. Brightspeed’s Intellectual Property Rights. Unless otherwise expressly provided in this Subscriber Agreement, all aspects of the Services are the property of Brightspeed and are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. We grant you a personal, revocable, limited, nonexclusive, nontransferable, non-assignable right and license to use the Services in accordance with the terms and conditions of this Subscriber Agreement. No other license or rights are granted by Brightspeed or will be implied or arise by estoppels with respect to any Service.
   10. Your Obligations for Intellectual Property Usage. You represent and warrant that you either own or have the right to use and license all content or files delivered to Brightspeed for use with the Services, including without limitation, any applicable intellectual property rights (collectively “Non-Brightspeed IP”). You hereby grant to Brightspeed, for the term of this Subscriber Agreement, a non-exclusive, assignable, and sub-licensable license to use the Non-Brightspeed IP as reasonably required by Brightspeed in the performance of its obligations under this Subscriber Agreement. You shall indemnify, defend and hold harmless Brightspeed and its agents from and against any claims, suits, actions or proceedings brought against Brightspeed and/or its agents by a third party based on or arising from Brightspeed’s access to, or use of Non-Brightspeed IP as you direct.

(back to top)

9. Installation, Maintenance and Support
   1. You agree that Brightspeed may use existing wiring at your Subscriber Location or may alter such wiring as necessary. You agree to make available electrical sources, circuits, and power with suitable outlets at your Subscriber Location to support your Service, and you are responsible to make sure all electrical connections are properly grounded. You agree to pay all costs for electricians, electrical work, or wiring work, if required.
   2. Charges may apply for installation, certain maintenance, trouble isolation, and support services and the dispatch of a technician if one is dispatched. Charges may be per technician, may vary depending on when services are performed (e.g., time of day and weekday, holiday or weekend), and may include a minimum charge regardless of the actual number of hours worked. Brightspeed will notify you of any applicable charges in advance of you incurring such charges. If you report trouble, you may be required to pay a dispatch charge if the trouble is not attributable to Brightspeed’s network or Brightspeed-provided Equipment. A dispatch charge also may apply if you fail to honor the scheduled service date and did not provide Brightspeed with 24 hours advanced notice. Any requested repairs to your facilities or Customer Hardware are not included in the dispatch fee and will be charged on a time and materials basis.
   3. When ordering Internet Service, you will be responsible for providing any copper wire or fiber optic cable required for local networking purposes within your premises (“Inside Wiring”), including any copper wire or fiber optic cable between the Brightspeed-provided Equipment at your location and the internet enabled devices you may choose to use to connect to the Brightspeed-provided Equipment. In most cases, the Inside Wire will already be present in your existing premises. You will be responsible for providing and installing any additional Inside Wire that may be required.
   4. The condition of the Inside Wire over which your Internet Service is transmitted within your premises will impact the performance of the Internet Service, including with respect to speed, reliability, and latency. You are solely responsible for the condition of any Inside Wire and Brightspeed expressly disclaims any responsibility for it.

(back to top)

10. Acceptable Use Policy (AUP)
    
    All use of the Services shall comply with the AUP posted at https://www.brightspeed.com/aboutus/legal/consumer/legal-notices/acceptable-use-policy.          
    1. You agree that Brightspeed may: (i) immediately terminate or suspend any account which Brightspeed believes is violating the AUP, and (ii) hold you liable for actual damages in any way arising from, or related to, AUP violations arising from or related to your Brightspeed account.

(back to top)

11. Privacy
    

    Brightspeed values your privacy, and the privacy of others. The following section contains important information about how we handle and protect your information.

    1. By using the Services, you acknowledge and agree to comply with Brightspeed’s Privacy Policy posted at  https://www.brightspeed.com/aboutus/legal/consumer/privacy-notice/ (or a successor URL). This policy describes how we handle and protect your information, including customer proprietary network information, and how we market to and communicate with you.  Brightspeed’s Privacy Policy may change from time to time without notice to you.
    2. If Customer is a Covered Entity or Health Care Provider under the HIPAA Rules or supports the health care industry, you and Brightspeed agree that Brightspeed is not a “Business Associate” or “Covered Entity” under the HIPAA Rules for the purposes of this Subscriber Agreement. We do not require or intend to access any confidential health related information of Customer’s clients, which may include group health plans, that constitutes Protected Health Information (“PHI”), as defined in 45 CFR §164.501 under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA Rules”). Any exposure to PHI shall be random, infrequent, and incidental to Brightspeed’s provision of Services and is not meant for the purpose of accessing, managing the PHI, or creating or manipulating the PHI. Such exposure is allowable under 45 CFR 164.502(a)(1)(iii).
       
    3. You understand and agree that Brightspeed and its partners, agents, and contractors may send you emails at the addresses you have provided, place phone calls and text messages to the phone numbers you have provided, or use automated telephone dialing equipment or artificial and prerecorded voice messages to contact you by phone or text messages in connection with the following: information, marketing offers or advertising content about your Services or other Brightspeed products and services, and Service(s)-related messages and calls pertaining to installations, appointments, repairs, or collections. For phone calls and text messages, you understand and agree that we may contact you at any phone numbers you have provided or will provide in the future, including mobile phone numbers. You understand that standard per minute and text message charges may apply for phone calls or text messages to mobile phone numbers. You may revoke this express written consent by emailing privacy@brightspeed.com. You understand and agree this express written consent is not a condition of purchase.
       

(back to top)

12. Rates and Charges; Payment.
    

    Here is important information about our rates, charges, and payment terms and conditions.

    1. Rates and Charges. All Services and Brightspeed-provided Equipment is provided to you at the amounts shown on your Billing Documents. If you believe the amounts shown on your Billing Documents differ from the amounts disclosed to you during the ordering process or in any confirmation e-mails, please immediately contact us by calling 1 833-692-7773, or emailing us at support@brightspeed.com.
       

       You are responsible for any charges associated with the Services, Software, and Brightspeed-provided Equipment, including, without limitation, monthly Service charges, any applicable usage charges, and charges related to installation or activation, maintenance, delivery, shipping and handling, changes to Services, Taxes, fees, surcharges, and other charges. Also, certain additional features and applications may be provided as part of the Service and additional charges may apply. We may impose fees or surcharges to recover amounts that are not Taxes and are not required by law but are set by Brightspeed and may change. Other than as set forth in our terms applicable to promotional MRCs, plans with MRCs that don’t change, and MRCs offered with a term commitment, your MRCs for Services are not guaranteed and may increase during the period in which you subscribe to Services. In addition, your fees, Taxes and surcharges also may increase at any time. You can learn more about our Taxes, fees and surcharges at https://www.brightspeed.com/help/account/billing/taxes-fees-and-surcharges-on-your-bill/. In the event we offer the ability to pay any of the charges in installment payments over time (“Installment Option”), the aggregate payments under the Installment Option may be greater than the charge(s) paid by customers who pay the total charge(s) in one payment.

       You may be eligible for discounts or promotional offers that you qualify for at the time you order Services and/or Brightspeed-provided Equipment or as otherwise stipulated by Brightspeed. In those instances, you will receive the discount or promotional offer strictly in accordance with its terms. Customers who move Services or disconnect and reconnect Services may not be eligible for promotional pricing available to new customers. You may only take advantage of one special pricing promotion per Service per account during any twelve-month period unless otherwise stipulated by Brightspeed.

       We will begin billing you for the Services when we have provisioned the Service(s) to you regardless of whether you have begun using the Services. MRCs will be billed one month in advance. Our billing is based on a 30-day cycle. NRCs for the Services generally will be billed in the billing cycle following the transaction. Your first bill for Services may include pro-rated charges for a partial monthly period prior to the beginning of your first monthly billing cycle. Upon termination, subject to applicable law, your effective date of cancellation will be the date on which you terminate the Service(s). You will not receive a prorated credit or refund for any remaining days of the Services in your billing cycle after termination. Your Services will not continue after the termination date. 

    2. Payment.
       1. Payment. Unless otherwise permitted in the applicable Service Terms, you must set up monthly recurring payments for your Services and Leased Equipment (if applicable) via a credit card, debit card, or Payment Services to pay MRCs (in advance or in arrears, depending on which you agreed to when ordering the Services) for the period in which you receive the Services and use the Leased Equipment. Any NRCs will be charged as indicated by Brightspeed at the time of your order using the payment method you provide to us. Your Service period begins on the day the Service is installed or activated.  All payments must be made in U.S. currency. 
       2. Messages on or with your Payment Receipt. We may include important messages related to your Services or changes to the agreements between you and us or as required by state and federal authorities on or with the Billing Documents. It is your responsibility to read and understand these messages.
       3. Declined payments & Service Suspension. If your payment method is declined or dishonored, your Services may be suspended after 3 days of non-payment following your payment due date. Once you update your payment method with us, we will reactivate your Services. In the event your Service is suspended for any reason, Brightspeed will continue to bill you for the Services.  You will be informed of such action if required by law.
       4. Collections.  If we use a collection agency or initiate any legal action to recover amounts due, you agree to pay for all expenses we incur to recover such amount or pay all such costs and expenses associated with such collections efforts, including attorneys’ fees.
       5. Customer Information; Account Security; Authorized Users.
          • You will provide all information necessary for us to bill for the Services and any Brightspeed-provided Equipment. You affirm that the information you supply to us is correct and complete, and you will promptly notify us whenever your personal or billing information changes. If you elect to use the Brightspeed Customer Portal, you must provide us with your email address for the receipt of Billing Documents and other account information. You agree to keep your email address updated and understand it is your responsibility to inform us of any changes or updates to your email address. The Brightspeed Customer Portal and some Payment Services allow you to pay by credit card. If you elect to pay by credit card, you are responsible for directly updating, or notifying us, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). You understand that false or incorrect information may result in Service provisioning or delivery delays or the suspension or termination of your Service.
          • You are solely and fully responsible and liable for all activities that occur relating to your Brightspeed account, credit card/debit card/account numbers, or bank or financial institution information, including all activities related to Payment Services. You agree to immediately notify us by contacting our customer service if you suspect any breach of security, such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with you) or unauthorized disclosure or use of your Brightspeed account, password, user ID, credit card/debit card/charge card information or numbers, or bank or financial institution information provided to us. You also agree to periodically change your passwords in accordance with security best practices.
          • You authorize us to provide information about and to make changes to your Brightspeed account, including changes within the Brightspeed Customer Portal, upon the direction of any person able to provide information we deem sufficient to identify you.
       6. Payment Information.
          • Payment Services. For your convenience, you may elect to have us retain your payment information, including but not limited to your billing name, address, telephone number, credit card/debit card information or numbers, bank or financial institution information, applicable expiration dates, and permit such information to be used in future transactions with us that you authorize. You are responsible for adding, updating, maintaining, deleting, and verifying the accuracy of any payment information that you ask us to retain for you. Additional fees may be assessed to you when using Payment Services, and you agree to pay all such fees.  We reserve the right to modify or terminate the Payment Services that can be used to pay for Services at any time without prior notice to you.  You acknowledge that Payment Services may utilize, in whole or in part, the public internet and the services of other providers to transmit information about your bill, your account and your payment.  You acknowledge and understand that Brightspeed cannot guarantee that Payment Services are completely secure. There is a risk that third parties may attempt to access Payment Services or attempt to obtain information and data related to Payment Services. You acknowledge this risk as inherent to the nature of the Payment Services and you agree to take adequate security precautions to safeguard your information and data.
          • Another Company or Financial Institution. If you arrange for payment using Payment Services, you will be subject to that company’s terms and conditions. You agree that you are responsible for any charges you may incur from provider of Payment Services to make such payments.  You also agree that we will not be responsible or liable for any loss or damage caused or created by that company. In the event that any amount on a third-party site does not match the same amount presented at the Brightspeed Customer Portal or on your Billing Documents, Brightspeed’s listed amount is deemed to be the accurate amount.
          • Credit Card Policies. Regarding payments made by credit card, we reserve the right to only accept certain card providers and may modify the list of such providers, including no longer accepting any credit card payments of any kind from any card providers, at any time without prior notice to you. If you provide us your credit card information, you authorize us to automatically charge your provided credit card for all charges on your account.
          • Returned or Denied Payments.  In the event a payment is subsequently returned for any reason by your financial institution, credit card provider or provider of Payment Services, your account will be debited for the amount of the original payment and all applicable returned check charges and similar charges.  Your Brightspeed account may also be temporarily suspended immediately upon the denial of payment.  It may remain suspended until payment is received via a cash transaction (e.g., cashier’s check, or money order) or similar method of payment Brightspeed deems acceptable.
       7. Billing Concerns & Disputes. If you have any questions about or dispute a charge on your Billing Documents, you must promptly inform Brightspeed to attempt to resolve your questions and/or disputes.  You may contact Brightspeed customer service by calling 1 833-692-7773, emailing us at support@brightspeed.com.  You are responsible for reviewing Billing Documents each month.  Brightspeed may reimburse you for incorrect charges up to ninety (90) days from the date you raise the dispute.  The charges will be deemed valid unless we determine that any charges were incorrect. Charges may continue to accrue and bill during Brightspeed’s investigation of your dispute.  IF BRIGHTSPEED DOES NOT SATISFACTORILY RESOLVE YOUR DISPUTE AFTER CONTACTING US, YOU MUST FOLLOW THE DISPUTE RESOLUTION PROCEDURES DESCRIBED IN SECTION 17 OF THIS SUBSCRIBER AGREEMENT.

(back to top)

13. Term and Termination
    1. Month-to-Month Term. Unless otherwise specified in a Service Terms or in the terms we present to you at the time you order the Service(s), Services are offered on a monthly basis.  For the first month, the term (i) begins on the day it is installed or activated, (ii) ends on the last day of the billing cycle during which you placed the order for Service.  The term then automatically renews monthly.
    2. Termination. You may terminate this Subscriber Agreement and your use of the Services at any time and for any reason by following the instructions in the account management portal or by calling 1 833-692-7773, emailing us at support@brightspeed.com.  If you cancel a Service on any day other than the last day of your billing cycle, your payments for that month of Service will not be refunded and your Service will terminate on the last day of your billing cycle. We may terminate this Subscriber Agreement, your password, your account, and/or your use of the Services without notice and for any reason. Some of the reasons we might terminate your Services include, without limitation, if you fail to pay any charges when due or if we believe you or someone using your account has violated this Subscriber Agreement. You agree that you will not harass, threaten, or conduct yourself in a verbally or physically threatening or abusive manner toward any Brightspeed employee, vendor, contractor, or agent at any time. We reserve the right to terminate your Services, Software licenses, and Leased Equipment leases without notice in the event of such behavior. We may, but are not obligated to, send notice of any violations to you before termination. Termination of your Services might be permanent, at Brightspeed’s sole discretion.  If Services are terminated by you or us on any day other than the last day of your applicable billing cycle, your payment for that month of Services will not be prorated or refunded and your Services will continue to be available through the end of the applicable billing cycle.
    3. Return of Leased Equipment. After you notify Brightspeed of your intent to terminate a Service, you must promptly return to Brightspeed any Leased Equipment within 30 days after termination in accordance with Brightspeed’s instructions. (For example, for Brightspeed Internet, this may include the router(s) and WiFi mesh nodes, but not the optical network terminals.) After receiving your intent to terminate a Service, Brightspeed will send customers an email with return instructions to return the relevant Leased Equipment to Brightspeed.  If Leased Equipment is not returned as instructed by Brightspeed (including returning the Leased Equipment in the required time period), then Brightspeed may impose an Equipment Charge (as defined in Section 5.b above) by charging your payment method on file. In some instances, Brightspeed may charge your payment method on file for the Equipment Charge upon termination and later credit that amount back to your payment method on file ONLY if Brightspeed receives your Leased Equipment within the required time period following termination.
    4. Deletion of Data upon Termination. Upon termination of a Service, we may immediately delete all data, files, and other information stored in or for your account without notice.
    5. Pause/Resume Service. You may temporarily pause some Services (“Pause Service”) for a minimum of one month and up to a maximum of nine months. Your Service will be deactivated on the day you place it on Pause Service, but if that day is any day other than the first day of your billing cycle, you will not receive a refund for that month of Service. If you put your Service on Pause Service, your Service will immediately be unavailable for use, and discounts or promotions for the relevant Service may be impacted or canceled.

(back to top)

14. Limitation of Liability.
    

    THE LIMITATIONS OF LIABILITY IN THIS SECTION 14 APPLY REGARDLESS OF THE CAUSE OR LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED (WHETHER IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE). TO THE EXTENT THAT ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, THE LIMITATION(S) NOT PERMITTED SHALL BE REDUCED OR MODIFIED TO THE MAXIMUM LIMITATION ALLOWED BY APPLICABLE LAW. THE LIMITATIONS IN THIS SECTION ALSO ARE SUBJECT TO SECTION 17(b)(ii).

    1. YOU ASSUME RISK OF USING THE SERVICES, SOFTWARE, BRIGHTSPEED-PROVIDED EQUIPMENT, AND THE INTERNET. WE EXERCISE NO CONTROL OVER AND ARE NOT RESPONSIBLE FOR THE CONTENT CREATED OR ACCESSIBLE USING THE SERVICES, SOFTWARE, OR BRIGHTSPEED-PROVIDED EQUIPMENT AND FOR ACTIONS TAKEN ON THE INTERNET. WE RECOMMEND YOU DO NOT USE THE SERVICE IN HIGH-RISK ACTIVITIES WHERE AN ERROR COULD CAUSE ANY DAMAGE OR INJURY.
    2. BRIGHTSPEED IS NOT LIABLE OR RESPONSIBLE IF CHANGES TO THE SERVICES (I) REQUIRE CHANGES TO BRIGHTSPEED-PROVIDED EQUIPMENT OR CUSTOMER HARDWARE, (II) DEGRADE PERFORMANCE OF BRIGHTSPEED-PROVIDED EQUIPMENT OR CUSTOMER HARDWARE, (III) ADVERSELY IMPACTS SERVICE PERFORMANCE, OR (IV) MAKE BRIGHTSPEED-PROVIDED EQUIPMENT OR CUSTOMER HARDWARE OBSOLETE.
       
    3. BRIGHTSPEED IS NOT LIABLE OR RESPONSIBLE FOR ACTS AND OMISSIONS OFANY THIRD PARTY, INCLUDING OTHER INTERNET SERVICE AND CONTENT PROVIDERS.
       
    4. Payment Services.  BRIGHTSPEED IS NOT LIABLE OR RESPONSIBLE FOR YOUR ACTS AND OMISSIONS, AND THOSE OF THIRD PARTIES IN CONNECTION WITH PAYMENT SERVICES. WITHOUT LIMITING THE GENERALITY OF THE PREVIOUS SENTENCE, EXAMPLES OF THE FOREGOING LIMITATION INCLUDE THAT BRIGHTSPEED HAS NO LIABILITY IF: (A) YOU PROVIDE INCORRECT OR ERRONEOUS ACCOUNT OR PAYMENT INFORMATION; (B) YOU FAIL TO UPDATE YOUR ACCOUNT OR PAYMENT INFORMATION; (C) YOUR FINANCIAL INSTITUTION OR CREDIT CARD PROVIDER SHOWS THAT YOUR DESIGNATED ACCOUNT HAS INSUFFICIENT FUNDS OR CREDIT AVAILABILITY; (D) WE ARE PROHIBITED BY LAW OR COURT ORDER FROM WITHDRAWING PAYMENT FROM YOUR ACCOUNT; (E) THE ACCOUNT FROM WHICH PAYMENT IS TO BE MADE IS CLOSED, FROZEN, OR OTHERWISE UNAVAILABLE; (F) ANY PART OF THE ELECTRONIC FUNDS TRANSFER SYSTEM OR CREDIT CARD/DEBIT CARD PROCESSING SYSTEM IS NOT WORKING PROPERLY AT ANY TIME; OR (G) THERE ARE ANY DELAYS OR FAILURES IN THE PERFORMANCE OF PAYMENT SERVICES OR ANY INTERRUPTIONS ARISING FROM ANY CAUSE OR CIRCUMSTANCE BEYOND OUR REASONABLE CONTROL.
    5. AS PART OF PROVIDING SERVICES AND ONLY WITH YOUR PRIOR PERMISSION, BRIGHTSPEED MAY ACCESS YOUR PREMISES, ANY HARDWARE AND SOFTWARE, AND YOUR NETWORKING AND INTERNET-RELATED EQUIPMENT. BRIGHTSPEED DOES NOT REPRESENT OR WARRANT THAT THE TECHNICIANS DOING SUCH WORK HAVE ANY SPECIAL EXPERTISE REGARDING YOUR COMPUTER OR SUCH EQUIPMENT.
    6. TO THE GREATEST EXTENT PERMITTED BY LAW, BRIGHTSPEED IS NOT LIABLE TO YOU FOR DAMAGES OF ANY KIND RESULTING FROM AN INABILITY TO REACH 911 OR OTHER EMERGENCY SERVICES, OR ANY INTERFERENCE WITH OR FAILURE OF ALARM OR MEDICAL MONITORING SIGNALS TO REACH THEIR INTENDED MONITORING STATIONS.
       
    7. BRIGHTSPEED’S LIABILITY FOR CLAIMS IS FURTHER LIMITED AS FOLLOWS:
       
       1. FOR CLAIMS RELATED TO BRIGHTSPEED-PROVIDED EQUIPMENT WHETHER ARISING UNDER THE LIMITED WARRANTY, UNDER A LEGALLY EFFECTIVE IMPLIED WARRANTY OR OTHERWISE, YOUR SOLE REMEDY IS THE REPAIR OR REPLACEMENT REMEDY SET FORTH IN THE LIMITED WARRANTY IN SECTION 15;
       2. FOR CLAIMS RELATED TO DAMAGES OR LOSSES TO REAL OR PERSONAL PROPERTY, PERSONAL INJURY, AND WRONGFUL DEATH, BRIGHTSPEED SHALL HAVE NO LIABILITY WHATSOEVER;
       3. FOR CLAIMS RELATED TO ANY LOSS OR LACK OF PRIVACY AS TO USE OR MISUSE OF, THEFT OF, DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF, ANY OF YOUR SOFTWARE, FILES, INFORMATION, OR DATA, INCLUDING ANY ACCOUNT OR PAYMENT INFORMATION, BRIGHTSPEED SHALL HAVE NO LIABILITY WHATSOEVER; AND
       4. FOR ALL OTHER CLAIMS, INCLUDING CLAIMS RELATING TO OR ARISING OUT OF THE SALE OF THE SERVICES, YOUR USE OF THE SERVICES, AND BRIGHTSPEED’S BILLING FOR THE SERVICES, DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES, NOT TO EXCEED THE TOTAL CHARGES YOU PAID TO BRIGHTSPEED IN THE NINETY (90) DAYS PRIOR TO NOTIFYING BRIGHTSPEED OF YOUR DISPUTE. IF YOU GIVE NOTICE OF A DISPUTE AFTER TERMINATING ONE OR ALL SERVICES, DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES, NOT TO EXCEED THE TOTAL CHARGES YOU PAID TO BRIGHTSPEED DURING THE LAST NINETY (90) DAYS BEFORE TERMINATING THE SERVICE THAT CAUSED THE DAMAGE.
       5. REGARDLESS OF WHETHER BRIGHTSPEED HAS BEEN ADVISED OF THE POSSIBILITY OF LIABILITY, LOSS, OR DAMAGE, BRIGHTSPEED, ITS AFFILIATES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF BUSINESS, LOST OR IMPUTED PROFITS OR REVENUES, LOSS OF INFORMATION OR DATA, DIMUNITION IN VALUE, COSTS OF COVER, INTERRUPTED SERVICE, OR RELIANCE UPON THE SOFTWARE AND/OR ASSOCIATED DOCUMENTATION) ARISING OUT OF OR RELATED TO THIS SUBSCRIBER AGREEMENT, SERVICES, SOFTWARE, BRIGHTSPEED-PROVIDED EQUIPMENT.
    8. BRIGHTSPEED, ITS AFFILIATES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER. IN ADDITION, BRIGHTSPEED AND/OR ITS THIRD-PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS APPLICABLE, DO NOT GUARANTEE THAT ANY OF THE SERVICES CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE.  THE PROVISIONING AND PERFORMANCE (E.G., SPEED) OF THE SERVICE IS SUBJECT TO CIRCUIT OR OTHER NETWORK FACILITY AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND INSIDE WIRING AT YOUR LOCATION, NETWORK/INTERNET CONGESTION, AND THE CONFIGURATION AND CAPABILITIES OF CUSTOMER HARDWARE, AMONG OTHER FACTORS.

(back to top)

15. Warranty.
    1. Limited Warranty for Leased Equipment. Brightspeed provides a Limited Warranty (described in this Section 15(a) (below) to the lessor of the Leased Equipment. It does not apply to any equipment or software not provided by Brightspeed.
       

       LIMITED WARRANTY FOR LEASED EQUIPMENT

       1. The Leased Equipment is warranted by Brightspeed to be free of manufacturing defects for sixty (60) days from the date on which the Leased Equipment was provided to you (“Warranty Term for Leased Equipment”).  After the Warranty Term for Leased Equipment, Brightspeed may charge you to replace the Leased Equipment.
       2. This Limited Warranty covers only the basic operations of the Leased Equipment, and we do not warrant the compatibility of the Leased Equipment with any equipment or software not provided by Brightspeed. If the Leased Equipment malfunctions due to a manufacturing defect during the Warranty Term for Leased Equipment, we will replace or repair it as described in this paragraph, without charge, so long as (A) on or before the expiration of the Warranty Term for Leased Equipment, you notify us by calling  1 833-692-7773, report that the Leased Equipment’s basic operations are not functioning properly, and cooperate with the Brightspeed representative to evaluate the circumstances; and (B) if required by Brightspeed, you promptly return the Leased Equipment according our instructions. Unless we agree otherwise, we will replace or repair the Leased Equipment, at our option, and return the replacement or repaired Leased Equipment to you. No other person or party is authorized to provide repair or replacement service pursuant to this Limited Warranty.  Repair or replacement by an unauthorized third party will void the Limited Warranty.
          
       3. Repaired/Replacement Leased Equipment. At our sole discretion, we may repair or replace the Leased Equipment with new or reconditioned parts or Leased Equipment. All replaced equipment or parts remain the property of Brightspeed and will not be returned to you.
          
       4. No Other Express Warranties and Limitation of Implied Warranties. This Limited Warranty is in lieu of all other warranties, however arising, and all such other warranties are hereby disclaimed. This Limited Warranty is the only express warranty provided by Brightspeed in connection with the Leased Equipment.
          

          This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. If you have questions, please contact us by calling 1 833-692-7773, emailing us at support@brightspeed.com.

    2. Limited Warranty for Purchased Equipment. Brightspeed provides a Limited Warranty (described in this Section 15.b to you, as purchaser of the Purchased Equipment. It does not apply to any equipment or software not provided for sale by Brightspeed, including Leased Equipment and licensed Software.
       

       LIMITED WARRANTY FOR PURCHASED EQUIPMENT

       5. The Purchased Equipment is warranted by Brightspeed to be free of manufacturing defects for the shorter of (A) 60 days from your receipt of the Purchased Equipment, or (B) for such period of time as warranted by the original equipment manufacturer or reseller (“Warranty Term for Purchased Equipment”).
       6. This Limited Warranty covers only the basic operations of the Purchased Equipment, and we do not warrant the compatibility of the Purchased Equipment with any equipment or software not provided by Brightspeed. If the Purchased Equipment malfunctions due to a manufacturing defect during the Warranty Term for Purchased Equipment, we will replace or repair it as described in this paragraph, without charge, so long as (A) on or before the expiration of the Warranty Term for Purchased Equipment, you notify us by calling 1 833-692-7773, report that the Purchased Equipment’s basic operations are not functioning properly, and cooperate with the Brightspeed representative to evaluate the circumstances; and (B) if required by Brightspeed, you promptly return the Purchased Equipment according our instructions. Unless we agree otherwise, we will: replace or repair the Purchased Equipment, at our option, and return the replacement or repaired Purchased Equipment to you. No other person or party is authorized to provide repair or replacement service pursuant to this Limited Warranty.  Repair or replacement by an unauthorized third party will void the Limited Warranty.
       7. Repaired/Replacement Leased Equipment. At our sole discretion, we may repair or replace the Purchased Equipment with new or reconditioned parts or Purchased Equipment. All replaced equipment or parts remain the property of Brightspeed and will not be returned to you.
       8. No Other Express Warranties and Limitation of Implied Warranties. This Limited Warranty is in lieu of all other warranties, however arising, and all such other warranties are hereby disclaimed. This Limited Warranty is the only express warranty provided by Brightspeed in connection with the Purchased Equipment.
          

          This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.  If you have questions, please contact us by calling 1 833-692-7773, emailing us at support@brightspeed.com.

    3. Disclaimer of Warranties.
       

       THE SERVICES, SOFTWARE, LEASED EQUIPMENT, PURCHASED EQUIPMENT, BILLING AND PAYMENT-RELATED CONTENT, PAYMENT SERVICES AND ALL RELATED INFORMATION AND SUPPORTING SYSTEMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. BRIGHTSPEED DOES NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE OF A PARTICULAR QUALITY OR SPEED, OR WILL BE UNINTERRUPTED, ACCURATE, SECURE, MAINTAINED, AND KEPT FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT FOR THE LIMITED WARRANTIES IN THE PRECEDING SECTIONS, BRIGHTSPEED PROVIDES THE SERVICES, SOFTWARE, LEASED EQUIPMENT AND PURCHASED EQUIPMENT WITHOUT WARRANTIES OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EITHER EXPRESS OR IMPLIED. BRIGHTSPEED DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INTERFERENCE, COMPATIBILITY OR INTEGRATIONWITH EQUIPMENT AND SOFTWARE NOT PROVIDED BY BRIGHTSPEED, AND THOSE WARRANTIES THAT MIGHT ARISE FROM COURSE OF DEALING OR COURSE OF TRADE. BRIGHTSPEED DOES NOT WARRANT THAT THE SERVICES, SOFTWARE, PAYMENT SERVICES OR ANY OF ITS WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION GIVEN BY BRIGHTSPEED, ITS AFFILIATES, ITS AGENTS, OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL VARY THE TERMS OF THE LIMITED WARRANTY OR THIS SUBSCRIBER AGREEMENT OR CREATE ANY WARRANTY. BRIGHTSPEED IS NOT RESPONSIBLE FOR HARM CAUSED BY DEFACEMENT, MISUSE, ABUSE, NEGLECT, IMPROPER USE, IMPROPER ELECTRICAL VOLTAGES OR CURRENT, REPAIRS BY OTHERS, ALTERATIONS, MODIFICATIONS, ACCIDENTS, FIRE, FLOOD, VANDALISM, ACTS OF GOD, OR WEATHER. BRIGHTSPEED TECHNICAL SUPPORT IS NOT WARRANTED AND IS USED AT YOUR OWN RISK. BRIGHTSPEED DOES NOT GUARANTEE SECURITY OR PROTECTION AGAINST UNAUTHORIZED ACCESS TO THE SERVICES, OR YOUR PERSONAL INFORMATION. BRIGHTSPEED DOES NOT GUARANTEE THAT THE SERVICES ARE SUITABLE FOR USE IN SITUATIONS IN WHICH ABSOLUTELY ACCURATE DATA TRANSMISSION OR SECURITY IS REQUIRED OR THAT COULD RESULT IN PERSONAL INJURY, PROPERTY DAMAGE, OR FINANCIAL LOSS.  BRIGHTSPEED MAKES NO WARRANTY REGARDING TRANSACTIONS EXECUTED AND CONTENT AND INFORMATION ACCESSED BY USING THE SERVICES. IF ANY LIMITATION IN THIS SECTION IS NOT PERMITTED BY APPLICABLE LAW, SUCH LIMITATION WILL NOT APPLY TO YOU ONLY TO THE EXTENT IT IS BARRED BY APPLICABLE LAW. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

        

(back to top)

16. Indemnification. 
    
    You agree to indemnify, defend, and hold harmless Brightspeed and its affiliates, contractors, officers, directors, employees, or agents from any and all third-party claims, liabilities, costs, and expenses, including reasonable attorneys’ fees and punitive damages arising from: (a) violation of any provision of this Subscriber Agreement by you or others who access the Services, Software, and/or Brightspeed-provided Equipment through your account, with or without your permission; (b) installation, modification or use of the Services, Software, and/or Brightspeed-provided Equipment by you and/or any parties who use the Services, Software, and/or Brightspeed-provided Equipment through your account, with or without your permission; (c) claims for libel, slander, invasion of privacy, or infringement of any intellectual property rights arising from the use of the Services, Software, or the Internet; (d) patent infringement arising from your acts combining or using the Services in connection with facilities or equipment (circuit, apparatus, system or method) furnished by you; or (e) your acts, errors, or omissions, negligence, or intentional misconduct by you.

(back to top)

17. Dispute Resolution. 
    

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES ON AN INDIVIDUAL BASIS (AS OPPOSED TO ON A CLASS, REPRESENTATIVE, MASS, COLLECTIVE, CONSOLIDATED, OR COORDINATED BASIS), THROUGH PRE-SUIT DISPUTE RESOLUTION, AND IF APPROPRIATE, BY COURT ACTIONS DECIDED BY A JUDGE (NOT BY A JURY). IT LIMITS YOUR TIME TO NOTIFY BRIGHTSPEED OF A DISPUTE AND LIMITS YOUR TIME TO FILE ANY CLAIM, DISPUTE, ACTION, OR LAWSUIT. THIS SECTION GOVERNS ALL DISPUTES, CLAIMS, ACTIONS, OR LAWSUITS BETWEEN YOU AND BRIGHTSPEED ARISING OUT OF OR RELATING TO THIS SUBSCRIBER AGREEMENT, SERVICES, SOFTWARE, AND/OR LEASED EQUIPMENT, REGARDLESS OF THE LEGAL THEORY.

    1. Pre-Filing Requirements. Before filing or commencing any lawsuit, claim, or action in any court, you must first present any claim or dispute to Brightspeed in writing in a manner reasonably sufficient to allow Brightspeed a fair and adequate opportunity to resolve the dispute without litigation (“Notice of Claim”). Any Notice of Claim should be emailed to customeradvocacy@brightspeed.com or mailed to Brightspeed, Attention: Customer Advocacy, PO Box 2647, Fayetteville, NC 28302-2647.
       

       THESE PRE-FILING REQUIREMENTS ARE MATERIAL TERMS OF THIS SUBSCRIBER AGREEMENT PROVIDING YOU AND BRIGHTSPEED WITH SUBSTANTIVE, NOT MERELY PROCEDURAL, RIGHTS. YOUR FAILURE TO ABIDE BY THEM MAY BE GROUNDS FOR DISMISSAL OF ANY LAWSUIT.

       1. Notice of Claim Must Be on an Individual Basis. Your Notice of Claim must be on your own individual behalf and shall not be made on a class, representative, mass, collective, consolidated, or coordinated basis. Without limiting the generality of the requirement that any Notice of Claim must be on an individual basis, it is a violation of this Subscriber Agreement for two or more claimants to include claims in a single Notice of Claim or attempt to settle simultaneously their disputes, unless the two claimants are joint, named account holders of the same Brightspeed account.
       2. Fair and Adequate Opportunity to Resolve the Dispute.
          • Brightspeed commits to work with you in good faith to resolve any disputes you may have. For your individual Notice of Claim to provide Brightspeed a fair and adequate opportunity to resolve the dispute without litigation, your Notice of Claim must include:
            • the Brightspeed account number(s) for the account(s) related to the claim or dispute;
            • a reasonable description of the facts underlying the claim or dispute, including relevant dates when you experienced billing, service, equipment, software, or other issues;
            • an estimate of your money damages and how those damages were calculated;
            • a description of any relief sought other than money damages; and
            • supporting documentation, including copies of your payment receipt, supporting any billing dispute.
              

              In addition to the information provided in your Notice of Claim, you also agree to respond within a reasonable time to any request from Brightspeed for additional information to support or clarify your claim or dispute.

          • If your individual Notice of Claim includes any claim based on any alleged false statement, fraud, deception, or misrepresentation, then your individual Notice of Claim also must identify:
            • the content of any alleged false or misleading statement or advertisement;
            • the approximate date(s) on which you received, heard, or read that statement or advertisement;
              
            • how you received that statement or advertisement; and
              
            • if the alleged false or misleading statement was made by a particular person, that person’s name or affiliation with Brightspeed (e.g., Brightspeed employee, Brightspeed-authorized service technician, or contractor).
          • Using information you provide pursuant to Sections 17(a)(ii)(A) and (B), Brightspeed will use reasonable efforts to search for and identify records of your account history, if any, that might be helpful in resolving your dispute. Brightspeed will also attempt to contact you directly to discuss your dispute. If you do not provide the information required by Sections 17(a)(ii)(A) and (B), Brightspeed is not obligated to search its records.
       3. 60-Day Pre-Filing Period. If you and Brightspeed are unable to resolve your claim or dispute within 60 days after Brightspeed receives your Notice of Claim that meets the requirements of paragraphs 17(a)(ii)(A) and (B) (“60-Day Pre-Filing Period”), you may file a court action consistent with these Dispute Resolution Terms. If your Notice of Claim is deficient, incomplete, or defective because it is not made on an individual basis, as set forth in paragraph 17(A)(i), or because it does not include the information required by paragraph 117(A)(ii)(A) and (B), then the 60-Day Pre-Filing Period will not begin until the first date on which Brightspeed has received information correcting those deficiencies or defects. Further, if your Notice of Claim otherwise meets the requirements of paragraphs 17(A)(i) and 17(A)(ii)(A) and (B), but you fail to respond to a reasonable request from Brightspeed for missing or additional information about your claim or dispute, then the 60-Day Pre-Filing Period will pause and not begin again until you provide the requested missing or supporting information.
       4. Pre-Filing Tolling Period. Any deadline to file a lawsuit will be extended up to a maximum of 60 consecutive days after Brightspeed receives your Notice of Claim (“Pre-Filing Tolling Period”). If you fail to respond to a reasonable request from Brightspeed for missing or additional information, then the Pre-Filing Tolling Period will end 14 consecutive days after the date of Brightspeed’s request.
          
    2. Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis. By this Subscriber Agreement, both you and Brightspeed waive any right to pursue any disputes and claims on a class, representative, mass, collective, consolidated, or coordinated basis.
       1. Examples of Class, Representative, Mass, Collective, Consolidated, or Coordinated Bases. Without limiting the generality of the requirement that disputes and claims be pursued and resolved in court solely on an individual basis, it is a violation of this Subscriber Agreement for two or more claimants to (1) include claims in a single Notice of Claim; (2) pursue their claims in a single court action; or (3) attempt to settle simultaneously their disputes, unless the two claimants are joint, named account holders of the same Brightspeed account.
       2. Consideration for Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis. As consideration for following the Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis in this Section 17(b), Brightspeed agrees that:
          
          1. Brightspeed will reimburse you for filing fees you incur for filing any lawsuit in small claims court, so long as your filing was consistent with these Dispute Resolution terms, regardless of whether you prevail on any claim in small claims court;
          2. If you both (1) prevail on a claim in court and (2) receive an award of actual damages that exceeds Brightspeed’s highest offer of settlement during the 60-Day Pre-Filing Period, Brightspeed will reimburse you for your reasonable attorneys’ fees, as well as any costs and expenses you or your attorney reasonably incurred for investigating, preparing, and pursuing your claims. The calculation of actual damages for purposes of this section excludes any award of attorneys’ fees, statutory minimum damages, statutory multiple damages or penalties, consequential damages, exemplary or punitive damages, and any other costs or expenses incurred in pursuing your claims;
             
          3. Nothing in this Subscriber Agreement, including the limitations on liability in Section 14, will prevent or limit the recovery of statutory remedies;
             
          4. The damage cap in paragraph 14(f)(iv) is increased so that it will not exceed the total charges you paid to Brightspeed in the twelve months prior to notifying Brightspeed of your dispute. If you give notice of a dispute after terminating service, the damage cap in paragraph 14(f)(iv) is increased so that it will not exceed the charges you paid to Brightspeed during the last twelve months before terminating service; and
             
          5. Brightspeed will waive its right to any award of attorneys’ fees, costs, and expenses to which it might be entitled as a prevailing party in the lawsuit you filed, except that Brightspeed retains its right, as allowed by applicable law, to seek attorneys’ fees, costs, and expenses on the basis that your claim was frivolous or otherwise brought in bad faith or for the purpose of harassment.
             

             Your right to attorneys’ fees, costs, and expenses provided by this paragraph is not intended to limit your rights to recover these items under applicable law (if any such rights exist). If applicable law entitles you to a greater award to attorneys’ fees, costs, and expenses than allowed under paragraph 15(b)(ii), you may recover that greater amount. However, you may not recover duplicative awards of attorneys’ fees, costs, and expenses under this paragraph and applicable law.

       3. Consideration for Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis Not Severable from Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis. If a court deems paragraph 17(b) (Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis) unenforceable as to your claims or action, then paragraph 17(b)(ii) (Consideration for Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis) shall also be unenforceable and severed from this Subscriber Agreement.
    3. Waiver of Right to Jury Trial. BOTH YOU AND BRIGHTSPEED WAIVE THE RIGHT TO A JURY TRIAL ON YOUR INDIVIDUAL CLAIMS. To the extent court action is appropriate under this Subscriber Agreement, any trial of your claims and Brightspeed’s defenses or counterclaims shall be to a judge or court presiding without a jury (i.e., a “bench trial”), except as provided in paragraph 17(d).
    4. Waiver of Jury Trial Not Severable from Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis. If a court deems Section 17(b) (Waiver of Any Right to Proceed on a Class, Representative, Mass, Collective, Consolidated, or Coordinated Basis) unenforceable as to your claims or action for any reason, the Waiver of Right to Jury Trial in Section 17(c) shall be unenforceable and severed from this Subscriber Agreement.
       
    5. Limitation on Time to File Any Claim, Dispute, or Lawsuit. YOU MUST NOTIFY BRIGHTSPEED OF ANY DISPUTE ARISING OUT OF OR RELATING TO THIS SUBSCRIBER AGREEMENT AS SOON AS IT IS DISCOVERED, BUT IN ANY EVENT, WITHIN 6 MONTHS AFTER IT IS DISCOVERED. FOR EXAMPLE, IF YOU DISPUTE ANY CHARGE ON YOUR PAYMENT RECEIPT, YOU MUST NOTIFY BRIGHTSPEED OF THE DISPUTE WITHIN 6 MONTHS OF THE DATE OF YOUR PAYMENT RECEIPT. YOU ACCEPT ALL CHARGES NOT DISPUTED WITHIN 6 MONTHS OF YOUR DISPUTED PAYMENT RECEIPT. ANY LAWSUIT ARISING OUT OF OR RELATING TO THIS SUBSCRIBER AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES. THE FOREGOING LIMITATIONS SHALL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW. IF A COURT DEEMS EITHER OF THE FOREGOING LIMITATIONS UNENFORCEABLE, THE LIMITATION(S) FOUND UNENFORCEABLE SHALL BE EXTENDED BY THE MINIMUM TIME NECESSARY TO MAKE THE LIMITATION(S) ENFORCEABLE.
       

(back to top)

18. Notices.  
    
    Except as otherwise provided herein, all required notices to Brightspeed must be in writing and sent to Brightspeed, Attention:  Litigation, P.O. Box 1330, Fayetteville, NC 28301-1330. Except as otherwise provided herein, you agree that all required notices to you will be provided by one or more of the following: posting on Brightspeed’s website, delivery of a written notice by U.S. Postal Service or a courier service (e.g., Federal Express or UPS), a message or insert on or with your Billing Documents, call to your billed telephone number (including through a voicemail message), SMS messages, or email to an address provided by you either at the time you place an order or at a later time. You agree to provide Brightspeed with any and every change to your e-mail address by calling 1 833-692-7773 or emailing us at support@brightspeed.com.  If you fail to provide updated e-mail address information to Brightspeed, you agree that any notices sent to the e-mail address most recently provided by you will be deemed to have been received by you.

    Except as otherwise provided herein, all notices will be deemed given:

    1. when delivered in person to the recipient named above;
    2. three business days after mailed via regular U.S. Postal Service;
    3. when delivered via a courier service;
    4. the date on which:
       1. an email or SMS message is sent to the email address or phone number you provided;
       2. Brightspeed provides notice to you on your account or as a message or insert on or with your Billing Documents;
       3. a Brightspeed representative calls and speaks to you or leaves a voicemail message at the phone number you provided, or
       4. Brightspeed posts a notice on its website.

(back to top)

19. Supremacy
    
    1. In the event of any inconsistency between this Subscriber Agreement and any other documents exchanged between you and Brightspeed related to the Services, Software, Brightspeed-provided Equipment, the provisions of this Subscriber Agreement will control.
    2. In the event of any inconsistency between Sections 14 and 17 of this Subscriber Agreement and the liability limitations and dispute resolution provisions of any other agreement between you and Brightspeed or any of its affiliates, Sections 14 and 17 of this Subscriber Agreement shall control; and
    3. In the event any other agreement between you and Brightspeed or any of its affiliates does not contain liability limitations or dispute resolution provisions, Sections 14 and 17 of this Subscriber Agreement shall control to the greatest extent permitted by law.
       

(back to top)

20. Entire Agreement.   
    
    This Subscriber Agreement, together with the other agreements, disclosures, policies and posted information referenced herein, constitutes the entire agreement between you and Brightspeed with respect to the subject matter of this Subscriber Agreement, and supersedes all prior and contemporaneous oral or written agreements or understandings relating to the subject matter of this Subscriber Agreement.

(back to top)

21. Assignment.   
    
    You agree not to assign this Subscriber Agreement.  We may assign this Subscriber Agreement to any third party and your rights and obligations under this Subscriber Agreement, in whole or in part, at any time without notifying you and you agree to make all subsequent payments as directed. If we do that, we have no further obligations to you.

(back to top)

22. Governing Law.    
    

    This Subscriber Agreement and any disputes, claims, actions, and lawsuits arising out of or related to this Subscriber Agreement shall be governed by the law of the state in which you receive the Services that are the subject of the dispute, claim, action, or lawsuit.

(back to top)

23. General.  
    

    If any term or provision of this Subscriber Agreement is held invalid, illegal or unenforceable, such term or provision will be construed as nearly as possible to reflect the original intent of the parties and the remaining terms and provisions will remain in effect. Neither party’s failure to insist upon strict performance of any provision of this Subscriber Agreement will be construed as a waiver of any of its rights hereunder. All terms and provisions of this Subscriber Agreement that should by their nature survive the termination of this Subscriber Agreement will so survive. 

(back to top)