Subscribers to our networks agree to the following terms:
Residential Internet Phone Subscribers
Subscriber ("You" or "Subscriber") agree to be bound to these General Terms and Conditions of Service ("Terms of Service" or "Agreement") with respect to all Matrix Connected Fiber Services, as well as the additional terms of service applicable to the specific Matrix Connected Fiber services and/or features to which you subscribe or have access, as are set forth at www.matrixconnectedfiber.com and may be updated from time to time, including the additional terms applicable all services provided by matrix connected fiber (collectively, the "Additional Terms of Service"), which are incorporated into these Terms of Service by this reference. You further understand and agree that the Customer Privacy Notice, which governs the collection, use and disclosure of Subscriber personal information, is likewise incorporated into these Terms of Service by reference.
1. Payment of Charges. The charges for one month of Services, including any deposits, activation, installation and Equipment charges, plus pro rata charges, if any, for periods not previously billed, are due upon installation of the Services or such other date as agreed by Matrix Connected Fiber and You. Thereafter, Subscriber agrees to pay monthly recurring Service charges and Equipment charges (if any) in advance, including all applicable fees (such as restoration or experience fees), taxes, regulatory fees, franchise fees, surcharges and other government assessments no later than the date indicated on Subscriber's bill. Charges for non-recurring Services or Equipment charges will be reflected on Subscriber's subsequent bill at the then current applicable rates. All rates for Services, Equipment charges and other fees and surcharges are subject to change in accordance with applicable law.
If Subscriber elects to pay by automatic recurring credit card, debit card or automatic clearing house payments, Subscriber authorizes Matrix Connected Fiber to charge such accounts. If Subscriber elects to send a check as payment, Subscriber authorizes Matrix Connected Fiber either to use information from Subscriber's check to make a one-time electronic funds transfer from Subscriber's bank account or to process the payment as a check transaction.
Failure to receive a bill does not release Subscriber from Subscriber's obligation to pay. Failure to pay the total balance when due (including checks returned for insufficient funds) shall constitute a breach of this Agreement and may be grounds for termination of Service, removal of Equipment from Subscriber's premises and/or imposition of a late fee ("Late Fee") in accordance with applicable law. You can avoid incurring Late Fees by paying your monthly bill promptly. Any Late Fee imposed on Subscriber is intended to be a reasonable advance estimate of costs of managing past due accounts. The Late Fee is not interest, a penalty, a credit service charge or a finance charge.
If the Subscriber has more than one account (Business and/or Residential) served by Matrix Connected Fiber, all Matrix Connected Fiber provided Services at all locations may be subject to discontinuance of Service in the event any one account remains unpaid. In the event collection activities are required, an additional collection charge may be imposed.
Monthly Charges. Your monthly subscription begins on the first day following your installation date and automatically renews thereafter on a monthly basis beginning on the first day of the next billing period assigned to you until cancelled by you. The monthly service charge(s) will be billed at the beginning of your assigned billing period and each month thereafter unless and until you cancel your Service(s). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIOD(S).
You may cancel Service(s) for a period up to the last day of the billing period prior to the service period that you wish to cancel, and the cancellation will be effective at the end of the then-current billing period. Any request for cancellation after the commencement of a service period will be effective at the end of the then-current service period. Access to the Services will, if possible, continue to be provided at the location ordered or, if you move, to your new location if in an Matrix Connected Fiber-served area (subject to any installation charges).
2. Additional Fees. In addition to Subscriber's monthly recurring charges and any Late Fee, additional fees may be imposed, including fees for returned checks, Payment Assistance Fees for paying by phone, receiving a paper bill, charge card chargeback, early termination, reconnection and service calls. Additional charges may also be imposed if collection activities are required to recover past due balances, including attorney fees. A list of applicable fees is available at www.matrixconnectedfiber.com ("Schedule of Fees"). Matrix Connected Fiber reserves the right to amend or change the Schedule of Fees from time to time.
3. Third Party Provider Charges. In connection with Subscriber's use of the Services and Equipment, Subscriber may be able to access, subscribe to, use and/or purchase products, services, software or applications that are provided to Subscriber by third parties ("Third Party Providers"). Subscriber acknowledges that Subscriber may incur charges in connection with the subscription to, purchase or use of these Third Party Provider products, services, software or applications. All such charges, including any additional fees and applicable taxes, shall be paid by Subscriber to the Third Party Provider and are not the responsibility of Matrix Connected Fiber. Credits or billing adjustments for products, services, software or applications billed by a Third Party Provider shall be subject to the stated billing practices of that Third Party Provider. Termination of a service or subscription offered for a separate charge billed directly by a Third Party Provider shall be effected in accordance with the Terms of Service or similar agreement between the Subscriber and the Third Party Provider.
4. Taxes: Subscriber agrees to pay any local, state or federal taxes imposed or levied on or with respect to the Services, the Equipment or installation or service charges incurred with respect to the same.
5. Early Termination Fees. If you cancel, terminate or downgrade the Service(s) before the completion of any required promotional term to which You agreed ("Initial Term"), you agree to pay Matrix Connected Fiber any applicable early cancellation fee plus all outstanding charges for all Services used and Equipment purchased for which you have not paid us prior to termination. You agree that early cancellation fees or any other fees may automatically be charged to your account and your credit or debit card provided to Matrix Connected Fiber and you agree to pay such fees.
6. Right to Make Credit Inquiries. Subscriber acknowledges and agrees that Matrix Connected Fiber may (a) verify Subscriber's credit standing, make inquiries and receive information about your credit experiences, including your credit report, from credit reporting agencies; (b) enter this information in your file, and disclose this information concerning you to appropriate third parties for reasonable business purposes; and (c) furnish information about you (including your social security number), your account(s) and your payment history to those credit reporting agencies.
7. Security Deposit. Matrix Connected Fiber may require a deposit or activation fee based on Subscriber's credit standing or past payment history with Matrix Connected Fiber. A deposit and/or activation fee does not relieve the Subscriber of the responsibility for prompt payment of bills on presentation. Any security deposit given by Subscriber for the Equipment or Matrix Connected Fiber's Service will be due and payable upon the first monthly billing. Such security deposits will be returned to Subscriber within sixty (60) days of termination of Matrix Connected Fiber's Service so long as payment has been made for all amounts due on Subscriber's account and Subscriber has returned the Matrix Connected Fiber Equipment undamaged. Security deposits paid by Subscriber for Equipment or Services may be used, to the extent permitted by law, to offset any unpaid balance or charges after termination of Service. Subscriber shall remain liable for any outstanding balances after the security deposit has been applied. Further terms and conditions of the security deposit may be contained in the deposit receipt given to Subscriber at the time the security deposit is collected.dd
8. Disputed Charges. Subscriber agrees to pay all undisputed monthly charges and all applicable fees and taxes as itemized on the Matrix Connected Fiber monthly bill and notify Matrix Connected Fiber in writing of disputed items or requests for credit within thirty (30) days of Subscriber's receipt of the bill for which correction of an error or credit is sought, or longer as provided by applicable law. The date of the dispute shall be the date Matrix Connected Fiber receives sufficient documentation to enable Matrix Connected Fiber to investigate the dispute. The date of the resolution is the date Matrix Connected Fiber completes its investigation and notifies the Subscriber of the disposition of the dispute.
9. Adjustments or Refunds. Any adjustment or refund, given in each case at Matrix Connected Fiber's sole discretion, will be accomplished by a credit on a subsequent bill for Service, unless otherwise required by applicable law. Except as otherwise expressly provided in this Agreement, the liability of Matrix Connected Fiber, its officers, shareholders, directors, employees, affiliates, vendors, carrier partners, content providers and other persons or entities involved in providing the Services or Equipment (collectively, the "Matrix Connected Fiber Parties") for damages shall in no event, by reason of any delays, interruptions, omissions, errors, failures or defects in installation or service, exceed an amount equal to the Subscriber's Service charges and associated Equipment fees for a regular billing period ("Maximum Credit"). No credit allowance will be made for interruptions of Service that are:
a. due to the negligence of or noncompliance with the provisions of the Terms of Service by Subscriber or any person authorized by customer to use the Service;
b. due to the negligence of any person other than Matrix Connected Fiber including, but not limited to, the other common carriers connected to Matrix Connected Fiber's facilities;
c. due to the failure or malfunction of Subscriber-owned equipment or third party equipment;
d. during any period in which Matrix Connected Fiber is not given full and free access to its facilities and Equipment for the purpose of investigating and correcting interruptions;
e. during a period in which Subscriber continues to use the Service on an impaired basis;
f. during any period when the interruption is due to implementation of a Subscriber order for a change in Service arrangements; or
g. due to circumstances or causes beyond the control of Matrix Connected Fiber.
Limitation of Refund. Unless otherwise provided by applicable law, in the event any amounts owed by Matrix Connected Fiber to Subscriber are not claimed by Subscriber within one year of the date on which the amount became payable to Subscriber, Subscriber shall forfeit all rights to the refund and all such amounts shall become the property of Matrix Connected Fiber.
10. Equipment and Software. Unless Matrix Connected Fiber expresses otherwise in writing, all equipment, including but not limited to, any cables, wires, amplifiers, cable boxes, access cards, remotes, cable cards, battery backup units, modems, routers, gateways, Matrix Connected Fiber One and Matrix Connected Fiber One Mini units distributed to and/or installed for use in the Subscriber's service location(s) by or on behalf of Matrix Connected Fiber ("Equipment"), network facilities, and software installed or provided by Matrix Connected Fiber remains the property of Matrix Connected Fiber, except that all wiring on the Subscriber's side of the demarcation point at Subscriber's service location, whether installed by Matrix Connected Fiber or by Subscriber, shall be Subscriber property and not Matrix Connected Fiber Equipment, and repair and maintenance for such wiring is the responsibility of Subscriber unless otherwise agreed by Subscriber and Matrix Connected Fiber. The demarcation point shall mean a point at (or about) twelve (12) inches outside of where the cable wire enters the Subscriber's service location. None of the Equipment shall become a fixture nor shall distribution, installation, and/or use of Equipment, including but not limited to cable boxes and/or set top boxes be deemed a lease of such Equipment. Subscriber will acquire no ownership or other interest in the Equipment, network facilities, and software by virtue of payments made pursuant to this Agreement or by the attachment of any portion of the Equipment or network facilities to Subscriber's residence or premises.
a. Misuse of Equipment. Matrix Connected Fiber Equipment is intended to service and reside at the specific service location and is not to be removed from the service location where it was installed or used off premises without Matrix Connected Fiber authorization. Subscriber agrees that neither Subscriber nor any other person (except Matrix Connected Fiber's authorized personnel) will open, alter, misuse, tamper with, service, or make any alterations to any Equipment. Subscriber agrees to safeguard the Equipment from loss or damage of any kind, and (except for any self installation procedures approved by Matrix Connected Fiber) will not permit anyone other than an Matrix Connected Fiber authorized representative to perform any work on the Equipment. Any misuse, alteration, tampering, or removal, or the use of equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of service and is prohibited.
b. Return of Equipment. If Subscriber's Service is terminated or cancelled (for whatever reason), unless Matrix Connected Fiber expresses otherwise in writing, Subscriber agrees that Subscriber no longer has the right to keep or use the Equipment and Subscriber must promptly return the Equipment. The Equipment must be returned to Matrix Connected Fiber in the same condition as when received, ordinary wear and tear excepted. Absent other instructions, if Subscriber fails to return the Equipment, Subscriber will pay any expenses Matrix Connected Fiber incurs in retrieving the Equipment. Failure of Matrix Connected Fiber to remove the Equipment does not mean that Matrix Connected Fiber has abandoned the Equipment. Matrix Connected Fiber may impose a charge for unreturned Equipment to be determined in accordance with Matrix Connected Fiber's then current schedule of charges for non-returned Equipment and/or continue to charge Subscriber a monthly Service fee every month until any remaining Equipment is returned, collected by Matrix Connected Fiber or fully paid for by Subscriber. Any charge for unreturned Equipment shall be due immediately.
c. Damaged or Lost Equipment. If the Equipment is damaged by Subscriber, destroyed, lost or stolen while in Subscriber's possession, Subscriber is responsible for the cost of repair or replacement of the Equipment.
d. Operation of Equipment. Subscriber agrees to operate any Equipment in accordance with instructions of Matrix Connected Fiber or Matrix Connected Fiber's agent. Failure to do so will relieve the Matrix Connected Fiber Parties of liability for interruption of Service and may make the Subscriber responsible for damage to Equipment.
e. Tests and Inspections. Upon reasonable notification to the Subscriber, and at a reasonable time, Matrix Connected Fiber may make such tests and inspections as may be necessary to determine that the Subscriber is complying with the requirements set forth herein.
f. Software. Subscriber agrees to comply with the terms and conditions of any software license agreement applicable to the software provided or installed by Matrix Connected Fiber ("Software"). The Software shall be used solely in connection with the Services and Subscriber will not modify, disassemble, translate or reverse engineer, the Software. All rights title and interest to the Software, including associated intellectual property rights, are and will remain with Matrix Connected Fiber and Matrix Connected Fiber?s licensors. If Subscriber's Service is terminated, Subscriber will promptly return or destroy all Software provided by Matrix Connected Fiber and any related written materials. Matrix Connected Fiber will have the right to upgrade, modify and enhance the Equipment and Software from time to time.
g. Repair. Matrix Connected Fiber will repair and/or replace defective Equipment provided such damage was not caused by misuse, neglect or other fault of Subscriber. Matrix Connected Fiber assumes no responsibility and shall have no responsibility for the operation, maintenance, condition or repair of any Subscriber-provided equipment and/or software, including, but not limited to, televisions, computer devices, remote controls or other consumer electronics, including any hardware or third party software, that may be connected to the Services ("Subscriber Equipment") except that Matrix Connected Fiber may automatically push required software or firmware updates directly to Subscriber Equipment when necessary for the provision of Matrix Connected Fiber Service(s). Subscriber is responsible for the repair and maintenance of Subscriber Equipment. Subscriber is also responsible for the repair and maintenance of inside wiring at the service location unless otherwise agreed by Subscriber and Matrix Connected Fiber. Matrix Connected Fiber is not responsible or liable for any loss or impairment of Matrix Connected Fiber's Service due in whole or in part to a malfunction, defect or otherwise caused by Subscriber Equipment. Matrix Connected Fiber makes no warranties, with respect to Equipment or Service provided by Matrix Connected Fiber or with respect to the Equipment's compatibility with any Subscriber Equipment.
a. Residential Use. The Services provided under this Agreement are solely for Subscriber's personal, residential use and Subscriber shall not use Services for any commercial purpose. Matrix Connected Fiber shall have the right to determine, in its sole discretion, what constitutes a "commercial" purpose.
b. Theft of Service. Subscriber shall not intercept, receive or assist in the interception or receipt of, resell, distribute or duplicate any Services. In no event shall Subscriber use the Services and/or Equipment to engage in any illegal or prohibited activity.
12. Subscriber Liability for Users. Subscriber must be at least eighteen years of age to subscribe to Services. Subscriber is responsible for any access, use or misuse of the Services and/or Equipment that may result from access or use by any other person who has access to Subscriber's premises, equipment or account. Subscriber is responsible for ensuring that all persons who use Subscriber's Services (each, a "User") understand and comply with all terms and conditions applicable to the Services.
13. Access to Subscriber Premises. Subscriber grants Matrix Connected Fiber and its employees, agents, contractors and representatives the right to access and otherwise enter the Subscriber's premises and to access Equipment, the wiring within Subscriber's premises and Subscriber's computer(s) and other devices to install, connect, inspect, maintain, repair, replace, disconnect, remove or alter the Equipment, check for signal leakage or install or deliver Matrix Connected Fiber provided Software. Subscriber shall cooperate in providing such access upon request of Matrix Connected Fiber. If Subscriber is not the owner of the premises, Subscriber warrants that Subscriber has obtained the legal authority of the owner to authorize Matrix Connected Fiber personnel and/or its agents to enter the premises for the purposes described herein. Matrix Connected Fiber's failure to remove its Equipment shall not be deemed an abandonment thereof.
14. Violations of this Agreement. It shall be a violation of this Agreement for Subscriber or any User: (1) to engage in any conduct prohibited by this Agreement (or by any terms and conditions incorporated herein by reference); or (2) not to engage in conduct required by this Agreement, each case determined in Matrix Connected Fiber’s sole good faith discretion. In addition, whether or not the conduct set forth below is elsewhere prohibited by this Agreement, it shall be a violation of this Agreement if:
a. Subscriber or any User fails to abide by Matrix Connected Fiber’s rules and regulations or to pay the charges billed;
b. Subscriber or any User fails to provide and maintain accurate registration information or the information required in the registration process is or becomes incorrect, absent or incomplete;
c. Subscriber or any User engages in any illegal or prohibited activity in connection with their use of any Service;
d. Subscriber or any User harasses, threatens or otherwise abuses any Matrix Connected Fiber employee or agent;
e. Subscriber or any User refuses to provide Matrix Connected Fiber with reasonable access to the service location or refuses to allow Matrix Connected Fiber to diagnose and/or troubleshoot a service issue when such access or customer interaction is necessary in order to provide the appropriate customer support; or
f. The amount of customer and/or technical support required to be provided to Subscriber or any User is excessive in the sole good faith discretion of Matrix Connected Fiber.
15. Termination. Matrix Connected Fiber may terminate this Agreement, disconnect any or all Services, and remove Equipment at any time, without prior notice, for any reason whatsoever or for no reason, including, but not limited to, if Subscriber or any User fails to fully comply with the terms of this Agreement and/or any Matrix Connected Fiber or authorized Third Party Provider terms of service, agreements or policies incorporated herein by referenc. If Matrix Connected Fiber terminates Service due to a violation of this Agreement or Matrix Connected Fiber's policies, Subscriber may be subject to additional fees and charges, including disconnect and termination fees and Matrix Connected Fiber may also exercise other rights and remedies available under law.
16. Effect of Termination by Matrix Connected Fiber. Subscriber agrees that in the event of termination by Matrix Connected Fiber: (i) Matrix Connected Fiber and any Third Party Providers of co-branded services offered as part of or through the Matrix Connected Fiber Online Service shall have no liability to Subscriber or any User; and (ii) unless expressly prohibited by law, Matrix Connected Fiber, in its sole good faith discretion, may decline or reject a new application for service or block access to or use of any component of the Services by Subscriber or any former User. Subscriber further agrees that upon termination of any Service, Subscriber will immediately cease use of the Equipment and any Software, and; Subscriber will pay in full the charges for Subscriber's use of the Service and the Equipment through the later of: (i) Subscriber's applicable Service month, or (ii) if applicable, the expiration of any promotional term, or, if applicable, (iii) the date when the associated Equipment or Software has been returned to Matrix Connected Fiber. Failure of Matrix Connected Fiber to remove Equipment shall not be deemed an abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to Matrix Connected Fiber in the event that Matrix Connected Fiber shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
17. Content and Services. All content, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services, email, data offerings and other services are subject to change in accordance with applicable law.
18. Disclaimer. Matrix Connected Fiber assumes no liability for any program, services, content or information distributed on or through the Services, Matrix Connected Fiber Equipment or the cable system, unless locally provided by Matrix Connected Fiber, and Matrix Connected Fiber expressly disclaims any responsibility or liability for your use thereof. Further, Matrix Connected Fiber shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
19. Telephone Communications With You Regarding Your Account or Service. You agree that Matrix Connected Fiber and its agents may call or text you at any phone number (landline or wireless) that you provide to us, using an automated dialing system and/or a prerecorded message, for non-promotional service and/or account-related purposes, such as appointment confirmations, service alerts, billing and collection issues or account recovery concerns. You agree to notify us: (1) if any such phone number changes; (2) is no longer active; or (3) is ported from a landline to a wireless phone number. You can manage your contact preferences by logging into your account at http://www.matrixconnectedfiber.com.
20. No Waiver. The failure of Matrix Connected Fiber to enforce this Agreement and any of its components, for whatever reason, shall not constitute a waiver of any right of Matrix Connected Fiber or the ability to assert or enforce such right at any time in the future.
21. No Assignment. This Agreement and the Services and/or Equipment supplied by Matrix Connected Fiber are not assignable or otherwise transferable by Subscriber, without specific written authorization from Matrix Connected Fiber. In Matrix Connected Fiber's discretion, Matrix Connected Fiber may assign, in whole or in part, this Agreement, and Services may be provided by one or more legally authorized Matrix Connected Fiber affiliates.
22. No Warranty; Limitation of Liability. Subscriber expressly agrees that: (a) the Services provided are best efforts services and the Services, Software and Equipment are provided by Matrix Connected Fiber on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied; (b) the Matrix Connected Fiber Parties are not responsible or liable for any loss or impairment of service due in whole or in part to Subscriber owned- or provided-Equipment; and (c) all use of the Services, Software and Equipment, including that provided by Third Party Providers, as well as the purchase, download or use of any third party service, product, or application provided by or accessed through the Services or Equipment, are provided at Subscriber's sole risk and Subscriber assumes total responsibility for Subscriber's or any User's use of the Services. Without limiting the generality of the foregoing, the Matrix Connected Fiber Parties make no warranty: (i) that the Services will be uninterrupted or error free or that the Equipment will work as intended; (ii) as to transmission or upstream or downstream speeds of the network; (iii) that the Services, Equipment or Software are compatible with any Subscriber owned- or provided-Equipment; or (iv) as to the security of Subscriber's communications via Matrix Connected Fiber's facilities or Services, or that third parties will not gain unauthorized access to or monitor Subscriber's communications. Subscriber has the sole responsibility to secure Subscriber's communications and the Matrix Connected Fiber Parties will not be liable for any loss associated with such unauthorized access. In addition, neither the Matrix Connected Fiber Parties nor any Third Party Provider of services or products makes any representations or warranties with respect to any product or services offered through the Services or Equipment, and Matrix Connected Fiber shall not be party to nor responsible for monitoring any transaction between Subscriber and any Third Party Provider of products or services.
Except for a refund or credit as expressly provided in this Agreement, in no event (including negligence) will the Matrix Connected Fiber Parties be held responsible or liable for any loss, damage, cost or expense including direct, indirect, incidental, special, treble, punitive, exemplary or consequential losses or damages including, but not limited to, loss of profits, earnings, business opportunities, loss of data, personal injury (including death), property damage or legal fees and expenses, sought by Subscriber or anyone else using Subscriber's Service account: (x) resulting directly or indirectly out of the use or inability to use the Services (including the inability to access emergency 911 or e911 services) and/or use of the Software, Equipment or provided third party services or otherwise arising in connection with the installation, maintenance, failure, removal or use of Services, Software and/or Equipment or Subscriber's reliance on the Services, Software and/or Equipment, including without limitation any mistakes, omissions, interruptions, failure or malfunction, deletion or corruption of files, work stoppage, errors, defects, delays in operation, delays in installation, failure to maintain proper standards or operation, failure to exercise reasonable supervision, delays in transmission, breach of warranty or failure of performance of the Services, Software and/or Equipment; or (y) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding relating to Services, Software and/or Equipment, or the infringement of the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property or contractual rights of any third party.
If Subscriber resides in a state which laws prevent Subscriber from taking full responsibility and risk for Subscriber's use of the Services and/or Equipment, Matrix Connected Fiber?s liability is limited to the greatest extent allowed by law.
23. Indemnification. Subscriber agrees to defend, indemnify and hold harmless the Matrix Connected Fiber Parties from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to the use of the Service and Equipment by Subscriber or otherwise arising out of the use of Subscriber's account or any equipment or facilities in connection therewith, or the use of any other products or services provided by Matrix Connected Fiber to Subscriber. Subscriber agrees to indemnify and hold harmless the Matrix Connected Fiber Parties against claims, losses or suits for injury to or death of any person, or damage to any property which arises from the use, placement or presence or removal of Matrix Connected Fiber's Equipment, facilities and associated wiring on Subscriber's premises and further, Subscriber indemnifies and holds harmless the Matrix Connected Fiber Parties against claims for libel, slander, or the infringement of copyright arising directly or indirectly from the material transmitted over the facilities of Matrix Connected Fiber or the use thereof by Subscriber; against claims for infringement of patents arising from combining with or using in connection with, facilities furnished by Matrix Connected Fiber, and apparatus, Equipment, and systems provided by Subscriber; and against all other claims arising out of any act or omission of Subscriber in connection with the Services or facilities provided by Matrix Connected Fiber.
25. Governing Law. Subject to Section 24.f above, this Agreement shall be governed by the laws of the state of New Jersey.
27. No Relationship. Nothing in this Agreement will create any joint venture, joint employer, franchisee-franchisor, employer-employee or principal-agent relationship between Matrix Connected Fiber and any content, backbone, network, circuit and other technology or communications providers, software and other licensors, hardware and equipment suppliers or other third party providers of elements of the high speed internet service, nor impose upon any such companies any obligations for any losses, debts or other obligations incurred by the other.
28. Survival. All representations, warranties, indemnifications, dispute resolution provisions and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination (including legal conditions, payment, and Matrix Connected Fiber rights and the rights of others).
29. Force Majeure. Matrix Connected Fiber Parties shall not be liable for any delay or failure of performance or Equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, direction, action or request of the United States government or of any other government including state and local governments having or claiming jurisdiction over Matrix Connected Fiber, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments or of any military authority; preemption of existing service in compliance with national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, material shortages, strikes, lockouts, or work stoppages.
30. Entire Agreement: These Terms of Service, including the applicable Additional Terms of Service and Customer Privacy Notice, your work/service order and the Schedule of Fees constitute the entire agreement between the Subscriber and Matrix Connected Fiber with respect to the Services. No undertaking, representation or warranty made by an agent or representative of Matrix Connected Fiber in connection with the sale, installation, maintenance or removal of Matrix Connected Fiber's Services or Equipment shall be binding on Matrix Connected Fiber except as expressly included herein.
31. Amendment; Notice. Matrix Connected Fiber may, in its sole discretion, change, modify, add or remove portions of these Terms of Service at any time. Matrix Connected Fiber may notify Subscriber of any such changes to these Terms of Service, or any other required or desired notice hereunder, by posting notice of such changes on Matrix Connected Fiber?s website, or by sending notice via email or postal mail to Subscriber's billing address, and/or by contacting the telephone number(s) on Subscriber's account (including mobile phones) by means such as but not limited to browser bulletins, walled garden (browser interruption), voice, SMS, MMS, and text messages, including by the use of by automatic telephone dialing systems. Subscriber agrees that any one of the foregoing will constitute sufficient notice. Because Matrix Connected Fiber may from time to time notify Subscriber about important information regarding the Services, the Privacy Notice and these Terms of Service by such methods, Subscriber agrees to regularly check his or her postal mail, e-mail and all postings on the Matrix Connected Fiber web site (www.matrixconnectedfiber.com) and Subscriber bears the risk of failing to do so. The Subscriber's continued use of the Service(s) following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such revision. If Subscriber does not agree to any revision of these Terms of Service, Subscriber must immediately cease use of all Services and notify Matrix Connected Fiber that Subscriber is cancelling this Agreement in accordance with the then-current policy.
Effective December 1, 2020
Enterprise Internet Phone Subscribers
Enterprise Service Order Terms and Conditions
Service Agreement Terms and Conditions
Service Order Terms and Conditions
Universal Terms and Conditions
Master Services Agreement
These terms and conditions, along with the pricing and products and services described on Matrix Connected Fiber’s website, along with the agreement you executed with Matrix Connected Fiber, constitute the Agreement ("Agreement") between Matrix Connected Fiber (“Matrix Connected Fiber”, “we”, or “us”) and the user ("you," "user" or "Customer") of Matrix Connected Fiber's business communications services and any related products or services ("Service"). This Agreement governs both the Service and any equipment, such as a Multimedia Terminal Adapter, Analog Telephone Adapter or any other IP connection Equipment, used in conjunction with the Service and it applies to all lines on each Matrix Connected Fiber account. Matrix Connected Fiber may, at its discretion and without notice, modify, change, add to or omit any terms and conditions in this Agreement without advance notice to you. Your use of this Service after one (1) full billing cycle constitutes your agreement to such changes. Upon request, Matrix Connected Fiber will mail to you a paper copy of this Agreement. This Agreement shall be effective the later of (i) the date it is signed by Matrix Connected Fiber) or (ii) you first begin to use the Service (the “Effective Date”).
BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER
INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY ITS TERMS AND
CONDITIONS. YOU WAIVE ANY RIGHT TO TRIAL BY JURY TO RESOLVE ANY DISPUTES THAT MAY ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT.
1. EMERGENCY SERVICES - 911 DIALING
YOU SHOULD BE AWARE THAT THERE ARE SOME CIRCUMSTANCES UNDER WHICH YOUR E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED IN SOME WAY. EXAMPLES OF THE LIMITATIONS OF YOUR E911 SERVICE WHEN COMPARED TO A TRADITIONAL TELEPHONE SERVICE ARE LISTED IN THIS SECTION. YOU ARE STRONGLY ADVISED TO FAMILIARIZE YOURSELF WITH THIS SECTION AND DISCUSS IT WITH YOUR MATRIX CONNECTED FIBER REPRESENTATIVE IF THERE IS ANYTHING YOU FIND CONFUSING OR YOU DO NOT UNDERSTAND.
1.1 911 Dialing. All of our customers have access to either basic 911 or Enhanced 911 (E911) service. With E911 service, when you dial 911, your telephone number and registered address are simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. Customers have basic 911 in locations where the emergency center is not equipped to receive your telephone number and address. With basic 911, the local emergency operator(s) answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator(s) your phone number, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak.
You authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers and local emergency centers.
1.2 Notify All Users. You should inform any CUSTOMERS, EMPLOYEES, guests OR other third persons who may be present at the physical location where you utilize the Service of the important difference in, and limitations of, Matrix Connected Fiber 911 Dialing as compared with TRADITIONAL basic 911 or E911. The documentation that accompanies each piece of equipment you may purchase or lease will include a sticker concerning the potential non-availability of basic 911 or E911 (the "911 Sticker"). It is your responsibility to place the 911 Sticker as near as possible to each phone that you use with the Service. If you did not receive a 911 Sticker with your Equipment, or you require additional 911 Stickers, please contact our customer care department at 973-929-2596 for more stickers at no additional cost.
1.3 Location of Service. This Service is provided at a specific permanent address and not available as a nomadic offering. Before you move to another location, you must notify Matrix Connected Fiber to determine if service can be provided at your new permanent address. If you attempt to use the Service without notifying Matrix Connected Fiber and receiving our permission, emergency personnel may not be able to locate you to adequately respond to an emergency. Even with E911, emergency personnel may be dispatched at the address listed with us and not the address where you use the service if you fail to follow the requirements of this paragraph.
1.4 Confirmation of Activation Required. Your 911 Dialing feature will not be activated for any phone line that you are using with the Service, UNLESS AND UNTIL YOU RECEIVE AN EMAIL FROM MATRIX CONNECTED FIBER CONFIRMING THE 911 DIALING FEATURE HAS BEEN ACTIVATED FOR THAT PHONE LINE.
1.5 Service Outages.
(a) Service Outages Due to Power Failure or Disruption. Dependent upon your location, network backup power systems may be in place during the event of a power failure. The equipment provided may also provide limited battery backup. Consult with Matrix Connected Fiber to determine whether or not your equipment has battery backup.
i. Equipment with battery backup. Battery backup on qualifying equipment is limited. Excessive use during a power outage will result in shortened life of the internal battery. The equipment may provide indication of low battery voltage. Customer should contact Matrix Connected Fiber for instructions or replacement. Failure of network power backup systems or the internal backup system during a power failure or disruption will prevent all Service, including 911 dialing, from functioning.
ii. Equipment without battery backup. Equipment that does not have a battery backup cannot support 911 dialing in event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the equipment prior to utilizing the Service, including 911 Dialing.
(b) Service Outages Due to Internet Outage or Suspension or Disconnection of Broadband Service or ISP Service. Service Outages due to Internet Outage or Suspension or Disconnect of Broadband Service or ISP will prevent all Service, including 911 dialing, from functioning. You understand you must obtain your own Internet connection, or obtain service from us (where available) to use the Service. We may not control your Internet access or the quality of your Internet connection. We are not responsible for problems caused by your Internet connection or for any third party products or service, nor will we contact any third party providers on your behalf.
(c) Service Outage Due to Disconnection of Your Matrix Connected Fiber Account. Service outages due to disconnection of your account will prevent all Service, including 911 Dialing, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Dialing feature, may not function. You acknowledge that Matrix Connected Fiber is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of Service, including 911 Dialing, which may result. In the event you lose Service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you disconnect the Service in accordance with this Agreement.
(e) Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 Dialing, from functioning. SUCH OUTAGES MAY OCCUR FOR A VARIETY OF REASONS, INCLUDING, BUT NOT LIMITED TO, THOSE REASONS DESCRIBED ELSEWHERE IN THIS AGREEMENT.
1.6 Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
1.7 Disclaimer of Liability and Indemnification. We do not have any control over whether, or the manner in which, calls using your 911 Dialing service are answered or addressed by any emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. NEITHER MATRIX CONNECTED FIBER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO OUR 911 DIALING SERVICE. You shall defend, indemnify, and hold harmless Matrix Connected Fiber, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
1.8 Alternate 911 Arrangements. If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or disconnecting the Service.
1.9 Non-exclusive, Non-transferable License; Retention of Rights. The right to use any of the Service granted to
the Customer is nonexclusive and nontransferable, and Customer shall prohibit use of the Service by any third party
other than Customer for such Customer’s internal business purposes. It is expressly understood that title to the Service, any trade names, trade dress, trademarks, service marks, commercial symbols, copyrightable material, designs, logos and/or any other intellectual property belong to Matrix Connected Fiber or its underlying providers and does not pass to the Customer.
Restrictions: Customer shall not:
(a) copy or adapt the Service for any purpose, except as specifically permitted under this Agreement;
(b) use the Service except in accordance with all applicable laws and regulations, and except as set forth in any
documentation or instructions provided by Matrix Connected Fiber;
(c) reverse engineer, translate, decompile, or disassemble the Service;
(d) use the Service in any outsourcing, application service provider, time-sharing or service bureau arrangement,
including, without limitation, any use to provide Service or process data for the benefit of, or on behalf of, any
third party other than the Customer;
(e) cause or permit the disabling or circumvention of any security mechanism contained in or associated with the
(f) delete, alter, cover, or distort any copyright or other proprietary notices or trademarks.
(a) Monthly Terms: Unless 2.1b applies, Service is offered on a month to month basis that begins on the date Matrix Connected Fiber activates your Service, unless activation is delayed due to circumstances beyond the customer’s control – then the term starts once the impediment to activation is removed and ends on the day before the same date in the following month; but in all events, billing will commence within six (6) months of execution of the Agreement. Should you postpone the date of activation more than one time, you will be charged two-hundred fifty dollars ($250) per location for each and every postponement after the first postponement. For purpose of clarity, the preceding sentence does not obligate us to grant a postponement of the activation date. Subsequent terms of this Agreement automatically renew on a monthly basis unless you give us written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to disconnect Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You will also be responsible for the next full month's charges in the event that you do not provide the requisite ten-day notice of disconnection prior to the expiration of the then current term. Expiration of the term, suspension or disconnection of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement.
(b) Term Agreements: Some products/services are available under a term agreement (Term). The Term starts on the day of the last billed new Service, or product (if applicable) whichever is later, and billing for Service commences when each Service is activated, unless activation is delayed due to circumstances beyond the customer’s control—then the billing starts once the impediment to activation is removed; but in all events, billing will commence within six (6) months of execution of the Agreement. Should you postpone the date of activation more than one time, you will be charged two-hundred fifty dollars ($250) per location for each and every postponement after the first postponement. For purpose of clarity, the preceding sentence does not obligate us to grant a postponement of the activation date. The Term and will automatically renew for successive one (1) year terms thereafter (in each case, a “Renewal Term”), until terminated in accordance with the remaining terms of this Agreement.
i. Either party may terminate a Term Agreement, for any reason or for no reason, at the end of the current term or any Renewal Term by providing the other party with not less than ninety (90) days prior written notice of termination.
ii. Either party may terminate a Term Agreement if the other party has committed a material breach of this Agreement, and such breach is not cured within thirty (30) days of the date the party in breach receives written notice of the breach. If we terminate this Agreement under this Section 2. (b) (ii) you shall pay us a termination fee equal to the sum of one hundred percent (100%) of the remaining minimum monthly fees that would have been incurred for the remainder of the Term of this Agreement (the "Termination Charge"), plus all fees incurred prior to the date of termination of services, plus any damages incurred by us as a result of your material breach.
iii. Before the end of the any term or Renewal Term, and without your breaching this Agreement, you may terminate a Term Agreement with respect to all Services by written notification to us. The Agreement shall terminate thirty (30) days thereafter, at which time you shall pay us a termination charge equal to the sum of one hundred percent (100%) of the remaining minimum monthly fees that would have been incurred for the remainder of the Term of this Agreement (the "Termination Charge"), plus all fees incurred prior to the date of termination of services. Customer has a right to reduce its Services requested without penalty if the reduction is related to a decrease in the number of the Customer’s employees utilizing the Services, and not to shift Services to a different provider.
2.2 Fair Use.
(a) Usage Review. Matrix Connected Fiber reserves the right to review usage of all its plans to ensure you are not abusing them. You agree to use Matrix Connected Fiber Services for normal voice or fax calls and will not employ methods or equipment to take advantage the Services by using the voice or fax services excessively or for means not intended by Matrix Connected Fiber. Matrix Connected Fiber may terminate Service immediately if it determines, in its sole discretion, you are abusing its plans. We reserve the right to at any time enforce this policy. For subscribers where usage to high cost areas (for example such as calls to rural numbers, Alaska or Hawaii) exceeds 5% of total call traffic, or more than 5% of call volume lasts less than 10 seconds, such usage may be deemed excessive in the sole discretion of Matrix Connected Fiber. For such usage, you agree to pay a per minute or per page fee surcharge in excess of established levels at the current Matrix Connected Fiber rate. The surcharge is currently $0.03 per minute and/or $0.03 per fax page. This surcharge applies to all plans, including the unlimited plans. Alternatively, in the sole discretion of Matrix Connected Fiber, your Service may be immediately terminated.
(b) Small Business Unlimited Usage Definition: Matrix Connected Fiber’s definition of “unlimited usage” is based on the combined number of inbound and outbound voice minutes and fax pages (excluding all Matrix Connected Fiber advertising and informational messages). We reserve the right to at any time enforce this policy in accordance with its terms. If the average voice usage exceeds 3,000 minutes per extension or over 500 fax pages within any thirty day period, such usage shall be deemed excessive. In that event, you agree to pay a per minute or per page surcharge, which is currently $0.03 per minute and/or $0.03 per fax page. This overage fee applies to all plans including the unlimited plans. Alternatively, in the sole discretion of Matrix Connected Fiber, your Service may be immediately terminated.
(c) Enterprise Usage Definition:
- Hosted Simple – Unlimited usage – all seats with 10 digit telephone numbers come with an acceptable use of 2000 minutes of long distance. The 2000 minutes for each seat are pooled at the group/child account level. If the account has five (5) unlimited seats with telephone numbers, then the account has a total of 10000 minutes of long distance that are shared by the five seats. Outbound long distance (LD) includes calls in the continental US states, Alaska, Hawaii, and Canada.
Hosted Select – Each call path includes 2,000 minutes of long distance. The 2,000 minutes for each call path are pooled at the group/child account level. If the account has five (5) call paths, then the account has a total of 10,000 minutes of long distance that will be shared by all of the hosted seats. Per minute overage charges will apply if the limit is exceeded. Outbound long distance (LD) includes calls in the continental US states, Alaska, Hawaii, and Canada.
SIP Trunking – Unlimited usage - Each call path includes an acceptable use policy of 2,000 minutes of long distance. The 2,000 minutes for each call path are pooled at the group/child account level. If the account has five (5) call paths, then the account has a total of 10000 minutes of long distance that will be shared by all of the DIDs. Per minute overage charges will apply if the limit is exceeded. Outbound long distance (LD) includes calls in the continental US states, Alaska, Hawaii, and Canada.
Virtual Fax – Virtual Fax 500 includes 500 inbound and outbound fax pages. Anything above 500 pages is $0.03 per page.
2.3 Prohibited Uses.
(a) Unlawful. You shall use the Service and the Equipment only for lawful purposes. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Equipment for an unlawful purpose. In the event of such disconnection, you will be responsible for the full charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Equipment for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Matrix Connected Fiber will provide information in response to law enforcement requests, lawful government requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
(b) Inappropriate Conduct. You shall not use the Service or the Equipment in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service or the Equipment in any of the aforementioned ways. In the event of such disconnection, you will be responsible for the full charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon disconnection of your Service. If we believe that you have used the Service or the Equipment in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Matrix Connected Fiber will provide information in response to law enforcement requests, subpoenas, court orders, to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others . Furthermore, Matrix Connected Fiber reserves all of its rights at law and equity to proceed against anyone who uses the Service illegally or improperly.
2.4 Copyright; Trademark; Unauthorized Usage of Equipment; Firmware or Software.
(a) Copyright; Trademark. The Service and Equipment and any firmware or software used to provide the Service, or provided to you in conjunction with providing the Service, or embedded in the Equipment, and all Service, information, documents and materials on our websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of our websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") are and will at all times remain our exclusive property. Nothing in this Agreement grants you the right or license to use any of our marks.
(b) Unauthorized Usage of Equipment; Firmware or Software. You have not been granted any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Equipment, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Equipment is exclusively for use in connection with the Service and that we will not provide any passwords, codes or other information or assistance that would enable you to use the Equipment for any other purpose. We reserve the right to prohibit the use of any interface equipment that we have not provided to you. You hereby represent and warrant that you possess all required rights, including software and/or firmware licenses, to use any interface equipment that we have not provided to you. In addition, you shall indemnify and hold us harmless against any and all liability arising out of your use of such interface Equipment with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
2.5 Tampering with the Device or Service. You shall not change the electronic serial number or Equipment identifier of the Equipment to perform a factory reset of the Equipment without our prior written consent. We reserve the right to disconnect your Service if we believe, in our sole and absolute discretion, that you have tampered with the Equipment. In the event of such disconnection, you will remain responsible for the full charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. You shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
2.6 Theft of Service. You shall not use the Service in a manner calculated to avoid Matrix Connected Fiber policies and procedures. You shall not obtain or use the Service in an improper manner. You shall notify us immediately, in writing or by calling our customer support line, if the Equipment is stolen or if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the Equipment theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all use of the Service using Equipment stolen from you and any and all stolen, fraudulent or unauthorized use of the Service. Matrix Connected Fiber reserves all of its rights at law and equity to proceed against anyone who uses the Service illegally or improperly.
2.7 Return of Equipment. Customers may return Equipment to us and we will also waive our termination fee, subject to the following: Service is disconnected within the first thirty (30) days following the activation of the Service; you return the Equipment to us within fourteen (14) days of the date you disconnected Service; we receive the Equipment in its original condition; you return original proof of purchase (if applicable) with the Equipment, together with the original packaging, all parts, accessories and documentation; and you pay all costs of returning the Equipment back to us.
If you receive Equipment that is visibly damaged, you must contact our customer care department immediately at firstname.lastname@example.org or 973-929-2596.
2.9 Ownership and Risk of Loss. If you purchase the Equipment, you bear all risk of loss of, theft of, casualty to or damage to the Equipment, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement.
2.10 No 0+ or Operator Assisted Calling; May Not Support x11 Calling. The Service does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, calling cards or 900 calls). The Service may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) Service in one or more (or all) service areas.
2.11 Incompatibility with Security Systems.
The Service may not be compatible with security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
2.12 Scope of Service.
a) The Service and the Equipment are solely and exclusively for the use of the Customer and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of this Agreement. Customer acknowledges the Service and the Equipment were developed, compiled, prepared, revised, selected and arranged by Matrix Connected Fiber and others (including certain information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial, time, effort and money and constitute valuable industrial and intellectual property and trade secrets of Matrix Connected Fiber and such others. Customer agrees to protect the proprietary rights of Matrix Connected Fiber and all others having rights in the Service and the Equipment during and after the Term. Customer acknowledges and agrees that it has no ownership rights in and to the Service and that no such rights are granted under this Agreement. Customer shall honor and comply with all written requests made by Matrix Connected Fiber or its suppliers to protect their and others’ contractual, statutory and common law rights in the Service and the Equipment with the same degree of care used to protect its own proprietary rights, which in no event shall be less than reasonable efforts. Customer agrees to notify Matrix Connected Fiber in writing promptly upon becoming aware of any unauthorized access or use by any party or of any claim that the Service or the Equipment infringe upon any copyright, trademark, or other contractual, statutory, or common law rights.
b) Customer shall not access the Service through any medium or Equipment which Matrix Connected Fiber has not authorized in writing, nor may any medium or Equipment by which the Service is provided be shared, moved, modified, interfaced, copied, broadcasted, reproduced, ported or otherwise routed with or to any other equipment without Matrix Connected Fiber’s prior written consent. In addition, Customer shall not move, modify, interface, copy, broadcast, reproduce, port or otherwise use or route the Service or any portion thereof with or to any other equipment, network or software that Matrix Connected Fiber, in its sole good faith judgment, determines is interacting or interfering or may interact or interfere with the performance of the Service or any portion thereof and, from time to time, upon Matrix Connected Fiber’s request therefore, Customer shall promptly notify Matrix Connected Fiber in writing of any and all such equipment, network and software. Service expressly provided by Matrix Connected Fiber for operation on Customer’s own equipment shall be furnished without warranty as to compatibility, fitness or performance with such equipment, and Customer shall bear all cost and responsibility for such equipment.
Unauthorized access or use is unlawful and Matrix Connected Fiber and its suppliers shall have all rights provided by law to prevent such access or use and to collect damages in such event. Customer agrees to notify Matrix Connected Fiber in writing promptly upon becoming aware of any unauthorized access or use. Customer shall not share, recompile, decompile, disassemble, reverse engineer, or make or distribute any other form of, or any derivative work from, the Services and/or the equipment. Customer may use the Service solely for its internal business purposes and may not use the Service for any development purposes or to develop any applications, software or otherwise that could in any way interact or interfere with the performance of the Service or any portion thereof, except as Matrix Connected Fiber may expressly permit under a separate development license with Customer.
c) The analysis and presentation included in the Service shall not be recirculated, redistributed or published by Customer except for internal purposes without the prior written consent of Matrix Connected Fiber and where necessary, with certain sources of the information included in the Service.
d) Customer shall not use any of Matrix Connected Fiber’s or its Affiliated Companies’ trademarks, trade names, or service marks in any manner which creates the impression that such names and marks belong to or are identified with Customer, and Customer acknowledges that it has no ownership rights in and to any of these names and marks.
e) Customer acknowledges and agrees that Matrix Connected Fiber may delegate certain of its responsibilities, obligations and duties under or in connection with this Agreement to a third party or an Affiliated Company of Matrix Connected Fiber, which may discharge those responsibilities, obligations and duties on behalf of Matrix Connected Fiber.
3.1 Equipment Purchases: You may purchase telecom Equipment to utilize the Matrix Connected Fiber Service. You will be deemed to have accepted the items five (5) days after each is delivered and installed, unless you notify us in writing to the contrary. Returns for credit after five (5) days automatically receive a 20% restocking fee, along with an additional 10% fee for each additional 30-day period. If you receive Equipment that is visibly damaged, you must contact our customer care department immediately at email@example.com or 973-929-2596. Matrix Connected Fiber may, at your request, facilitate the provision of Equipment from a third party supplier or resell certain Equipment. Procuring and maintaining that Equipment is your sole responsibility. While we suggest and resell some Equipment brands and facilitate your purchase of some Equipment as an accommodation, the original Equipment manufacturer and not Matrix Connected Fiber shall be responsible for any Equipment defects. Matrix Connected Fiber will pass all original Equipment manufacturer warranties for the Equipment to you and will not have any liability to you regarding such Equipment. Please check the Equipment provider’s website for warranty, return rules and other terms and conditions applicable to such third party Equipment supplier. ALL EQUIPMENT SALES ARE FINAL. Equipment may be returned to the manufacturer in the event of a defect that arises within the applicable warranty period, provided you comply with the terms of this Section and the manufacturer’s Return Materials Authorization (“RMA”) policy. Prior to returning the Equipment, you must contact Matrix Connected Fiber so Matrix Connected Fiber can determine whether a defect exists and to receive an RMA number, which is required along with the return. You must ship the Equipment to the manufacturer at the address provided by Matrix Connected Fiber in accordance with all RMA procedures. You have 10 days after receipt of an RMA to ship the Equipment back to the manufacturer at the address we provide. You must pay all shipping fees. Once the manufacturer has received the Equipment, the original Equipment manufacturer will deal with the Equipment under its applicable warranty policy.
3.2 Equipment Rentals. In addition to the other services referred to in this Agreement, we may rent Equipment to you for the sole purpose of use in connection with the Service. The term of use of the Equipment will be coterminous with the end of the term for the Service and any extensions thereof; you will be deemed to have accepted the items five (5) days after each is delivered and installed, unless you notify us in writing to the contrary. You may return any defective Equipment to us for a replacement as long as it has not been misused or damaged by you, your agents or invitees. Furthermore, you shall be responsible for ensuring that any Matrix Connected Fiber Equipment is maintained in a secure location, and you shall be fully liable for any and all costs and charges associated with damage to or loss of Matrix Connected Fiber Equipment.
If you are not in default under this Agreement, your End of Contract (EOK) options for phone(s) or Equipment are: (a) to automatically renew the term for your other services including the Equipment; (b) purchase the Equipment for its/their then fair market value from Matrix Connected Fiber or one of its vendors.; or (c) return the phone(s). You must give us three (3) months prior written notice of your EOK option choice. Under option (b), upon receipt of all amounts due for the purchase of the Equipment, clear title will be transferred to you on an “As Is, Where Is” basis.
If you elect to return Equipment to us upon expiration of your contract, you must notify us in writing of your intent at least three (3) months prior to contract expiration and you must return the Equipment to us immediately upon the EOK. The Equipment must be in good condition and working order, reasonable wear and tear expected (“Good Working Order”). We reserve the right to recover full reimbursement from you for the reasonable cost and expense incurred by us to restore such Equipment to Good Working Order. You will return the Equipment to a location in the United States designated by us. You are responsible for any costs associated with de-installation, packing, proper content labeling and return of the Equipment. Prior to return of Equipment, you are responsible for removing all your information and data, including programs not licensed to the Equipment. We have no obligation to remove your information or any other party’s information from any Equipment. The return of Equipment shall constitute a full release by you of any leasehold rights or possessory interest in the Equipment.
4. CHARGES; PAYMENTS; TAXES; DISCONNECTION
4.1 Billing. We will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which we decide to bill in arrears), including but not limited to: activation fees; monthly Service fees; equipment rental fees; usage charges; international usage charges; advanced feature charges; advanced features/add-ons; regulatory recovery fee, universal service fund; 911 fees; federal, state and/or local taxes; disconnection fees; and shipping and handling charges. The amount of such fees and charges shall be published on our website and may change from time to time. Matrix Connected Fiber may introduce new products and services at special introductory pricing. Introductory pricing may change at Matrix Connected Fiber's discretion. Notification of monthly invoices will be sent to you via mail or your email address on file with us. Any usage charges will be billed in increments that are rounded up to the nearest minute unless otherwise set forth in the rate schedules found on our website.
The above fees are defined as follows:
Activation Fee - This fee covers charges for setting up your account and activating you on our system.
Monthly Service Fee - This is the basic charge associated with your Service. This fee includes the calling charges defined by your plan; the features associated with your plan and basic account Service.
Equipment Rental Fees – This is the charge associated with the rental of equipment for the sole purpose of use in connection with the Service.
Usage Charges - If you exceed the number of calling minutes on your plan, Matrix Connected Fiber will bill you for the minutes you use above your allowance. Matrix Connected Fiber also bills for calls to directory assistance and other information services.
International Usage Charges - These are the fees associated with calls to locations outside of the US, and
Advanced Features, Add-Ons, Premium Services – Matrix Connected Fiber charges additional fees for enhanced features and services such as Virtual Phone Numbers.
Universal Service Fund - The Universal Service Fund (USF) provides support to promote access to telecommunications services at reasonable rates for those living in rural and high-cost areas, income-eligible consumers, rural health care facilities, and schools and libraries All telephone companies that provide service between states and internationally, including wireless companies, must contribute a percentage of their revenues derived from these services to the USF.
Taxes – Matrix Connected Fiber is required to bill and collect local, state and federal taxes imposed on Matrix Connected Fiber customers by the various taxing authorities. Matrix Connected Fiber passes all taxes it collects on to the appropriate taxing authority.
911 Fees - State and/or local governments may assess fees on Matrix Connected Fiber to pay for emergency services in your community. Matrix Connected Fiber bills and collects 911 fees from its customers and remits such fees to the appropriate authority. Depending on where you live, these fees can vary widely. Matrix Connected Fiber is committed to supporting public safety services and resources in your State.
4.2 Billing Disputes. You must notify us in writing within thirty (30) days after receiving your statement if you dispute any Matrix Connected Fiber charges on that statement or you will be deemed to have waived any right to contest such charges. All notices of disputed charges should be sent to:
Matrix Connected Fiber
3 South Main St
Petersham, MA 01366
4.3 Payment and Collection.
(a) Payment. We bill in advance, except for usage on a monthly basis. Payment is due upon receipt. If payment is not received by the due date, at late fee of 1.5% of the unpaid balance will apply.
(b) Collection. If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees.
(c) Notices. Matrix Connected Fiber will provide ten days advance notice prior to disconnection of service.
4.4 Disconnection; Discontinuance of Service. We reserve the right to suspend or discontinue the Service generally, or to disconnect your Service or a service component, at any time in our sole and absolute discretion. If we discontinue the Service generally, or disconnect your Service without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final month's charges. If your Service is disconnected on account of your breach of any provision of this Agreement, you will be responsible for the full charges to the end of the current term, including, without limitation, unbilled charges, plus the termination fee, if applicable, all of which will immediately become due and payable. Matrix Connected Fiber will pursue collection for unpaid amounts on disconnected accounts and may report to credit bureaus.
4.5 Taxes. State and local governments may assess taxes, surcharges and/or fees on your use of Matrix Connected Fiber Service. These charges may be a flat fee or a percentage of your Matrix Connected Fiber charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or equipment. Such amounts are in addition to payment for the Service or equipment and will be billed to you as set forth in this Agreement. If you are exempt from payment of such taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax exempt status. Tax exemption will only apply from and after the date we receive such certificate.
4.6 Charges for Directory Calls (411). We will charge you $1.00 for each call made to Matrix Connected Fiber directory assistance.
4.7 Charges for Operator Assisted Calls (0). We will charge you $3.00 for each call made to Matrix Connected Fiber operators asking for assistance.
5. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES
5.1 Limitation of Liability. We will not be liable for any delay or failure to provide the Service, including 911 Dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
an act or omission of an underlying carrier, service provider, Matrix Connected Fiber or other third party
equipment, network or facility failure
equipment, network or facility upgrade or modification
force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions
equipment, network or facility shortage
equipment or facility relocation
Service, equipment, network or facility failure caused by the loss of power to you
outage of, or blocking of ports or other impediment to usage of the Service caused by any third party
any act or omission by you or any person using the Service or Equipment provided to you
any other cause that is beyond our control, including, without limitation, a failure of or defect in any equipment, the failure of an incoming or outgoing communication, the inability of communications including, without limitation, 911 Dialing, to be connected or completed, or forwarded.
Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
5.2 Disclaimer of Liability for Damages. IN NO EVENT WILL MATRIX CONNECTED FIBER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICE TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
5.3 Indemnification and Survival.
(a) Indemnification. You shall defend, indemnify, and hold harmless Matrix Connected Fiber, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Service, including, without limitation, 911 Dialing, or the Equipment.
(b) Survival. The provisions of this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall survive.
5.4 No Warranties on Service. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR
EQUIPMENT FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING
BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR EQUIPMENT WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER MATRIX CONNECTED FIBER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICE, EQUIPMENT, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR EQUIPMENT OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF MATRIX CONNECTED FIBER'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR EQUIPMENT, IF ANY, BY MATRIX CONNECTED FIBER OR MATRIX CONNECTED FIBER'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. WE WILL USE OUR BEST EFFORTS TO PROVIDE DIRECTORY LISTING INFORMATION TO A DIRECTORY CONTAINING SUBSCRIBER LISTING INFORMATION (SLI). WE SHALL NOT BE LIABLE FOR THE CONTENT OR ACCURACY OF ANY SLI (INCLUDING, BUT NOT LIMITED TO, A FAILURE BY ONE OR MORE DIRECTORIES TO “UN-PUBLISH” A NUMBER; ONE OR MORE DIRECTORIES PUBLISHING A WRONG NUMBER OR ONE OR MORE DIRECTORIES FAILING TO PUBLISH A LISTING) PROVIDED UNDER THIS AGREEMENT. YOU SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND US OR OUR SERVICE PROVIDERS FROM AND AGAINST ANY DAMAGES, LOSSES, LIABILITIES, DEMANDS, CLAIMS, SUITS, JUDGEMENTS, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING FROM, OR RELATING TO, DIRECTORY LISTINGS AND/OR RESULTING FROM OR ARISING OUT OF YOUR OR A THIRD PARTY’S CLAIM OF INACCURATE LISTINGS, FAILURE OF LISTINGS, INACCURATE USE OF THE SLI, OR FAILURE TO “UN-PUBLISH” A LISTING.
5.5 No Hardware Warranty. YOU ACKNOWLEDGE THAT MATRIX CONNECTED FIBER IS NOT THE MANUFACTURER OF ANY HARDWARE OR EQUIPMENT AND THAT ALL HARDWARE AND EQUIPMENTS ARE BEING PROVIDED BY MATRIX CONNECTED FIBER “AS IS” AND WITHOUT WARRANTY OR GUARANTY OF ANY KIND. YOU AGREE TO LOOK EXCLUSIVELY TO THE ORIGINAL EQUIPMENT MANUFACTURER OF SUCH HARDWARE AND EQUIPMENTS WITH RESPECT TO ANY WARRANTY OR OTHER CLAIMS RESPECTING SUCH HARDWARE AND EQUIPMENT.
5.6 No Third Party Beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
5.7 Content. You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or equipment (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to disconnect or suspend your Service and remove your or your Users' content from the Service, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Service to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.
6.1 Entire Agreement. This Agreement, the Service Agreement, Equipment Rental Agreement, and the Equipment Purchase Agreement you executed with Matrix Connected Fiber, and the fee schedule for Service found on Matrix Connected Fiber's Web site constitute the entire agreement between you and Matrix Connected Fiber and govern your use of the Service, superseding any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
6.2 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
6.3 Privacy. Matrix Connected Fiber's Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Matrix Connected Fiber is not liable for any lack of privacy, which may be experienced with regard to the Service.
6.4 Subcontractors. You understand, acknowledge, and agree that from time-to-time during the term of this
Agreement, Matrix Connected Fiber may, in its sole and absolute discretion, delegate performance of some or all of its rights and obligations hereunder to third parties selected by Matrix Connected Fiber. You hereby consent to such subcontracting activity, provided that Matrix Connected Fiber shall remain accountable to you for the performance of any such obligations.
6.5 Letter of Authorization. The undersigned Customer hereby appoints Matrix Connected FiberMatrix Connected Fiber (“Matrix Connected Fiber”)
as agent for Matrix Connected Fiber to act as its authorized agent for all matters pertaining to the number(s) populated in the appropriate fields. This agency includes disconnections of service and other requests as deemed necessary by Matrix Connected Fiber to implement the services ordered from Matrix Connected Fiber, including but not limited to: (1) securing information for activating, porting disconnecting, editing and transferring service for Customer, (2) securing information for the purposes of resolving technical issues for Customer, (3) securing information for activating, removing, changing and editing Customer’s directory listings.
6.6 Disputes. We each waive trial by jury in any civil actions or proceedings that are brought by either of us under the Agreement. Any and all disputes between us that arise under or in connection with this Agreement which cannot be resolved through good faith negotiation, or through discussions between each party’s legal counsel, shall be submitted to non-jury trial, to be conducted in Petersham, Massachsetts.
6.7 Export Controls: Customer acknowledges that the export, import, and use of certain hardware, software, and technological data provided under this Agreement is regulated by the United States and other governments and agrees to comply with all applicable laws and regulations, including the U.S. Export Administration Act, the regulations promulgated thereunder by the U.S. Department of Commerce, and any other applicable laws or regulations such as those that prohibit certain services from being used in or accessed by a national of Cuba, Iran, North Korea, Sudan, Syria or any other sanctioned or embargoed country.
6.8 Miscellaneous Terms:
INTENDED USE. You are purchasing the Service for business purposes. The Service will not be used primarily for personal, family, or household purposes.
911 SERVICE. If you purchase broadband access as part of the Service, you agree that without limiting the obligations assumed by you under, as well as the other qualifications, limitations, and restrictions imposed by, the General Terms, Matrix Connected Fiber subcontractors are not responsible for managing 911 access.
ACCEPTABLE USE POLICY. Matrix Connected Fiber’s Acceptable Use Policy, which can be accessed and read on Matrix Connected Fiber’s website, is incorporated herein by reference.
EQUIPMENT AND HARDWARE. Under the terms of Matrix Connected Fiber’s agreements with its subcontractors, only Equipment provided by the subcontractor has been approved for use with some elements of the Service. If you intend to use any equipment not provided by Matrix Connected Fiber, such equipment must be approved by Matrix Connected Fiber in advance. Matrix Connected Fiber reserves the right to refuse or terminate Service if you are using equipment that has not been approved by Matrix Connected Fiber or, if applicable, a Matrix Connected Fiber subcontractor.
6.9 Consent to use Electronic Signatures and Records: For your convenience, Matrix Connected Fiber provides access to its Service online. This may require you to enter into agreements or receive notices electronically. As a result, you acknowledge and agree that by clicking “I Agree” or “I Accept”. You agree to conduct electronically without limitation the particular transaction into which you entered including entering into this Agreement;
You have read and understand the electronic copy of electronic contracts, notices and records, without limitation including this Agreement, and any policies and any amendments;
You agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter;
You are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and,
You agree to receive electronically information about the Service and other electronic records into which you thereby enter including, without limitation, this Agreement.
6.10 Interpretation: The parties agree that, before signing this Agreement, each has had an opportunity (and is advised) to consult legal representation to assist it in interpreting and understanding the implications, duties, and potential liabilities that arise under this Agreement. Consequently this Agreement shall not be construed more strongly as against one party versus the other.
Matrix Connected Fiber Services are designed and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the U.S. If Customer is not a U.S. citizen or does not reside in the U.S., Customer voluntarily consents to the collection, transfer, use, disclosure and retention of Customer Personal Information in the U.S. Customer also agrees to waive any claims that may arise under Customer’s own national laws.
When Customer uses the Service, the Personal Information (as defined below) Customer sends and receives is transmitted over a fiber network or another transmission standard that may be subject to interception by unauthorized third parties who seek to do you harm. While it is Matrix Connected Fiber’s objective to take reasonable measures to reduce the risk that unauthorized third parties will be able to intercept the information Customer sends and receives through the Service, Matrix Connected Fiber cannot and does not make any guarantee that transmissions over the Internet are 100% secure or error-free.
Matrix Connected Fiber recommends that you use caution when sending any Personal Information over the Internet and use encryption technology whenever possible, such as websites that have the “https” designation in the website’s address bar and show a padlock icon in the browser’s window.
Matrix Connected Fiber does not knowingly collect, solicit or use Personal Information from anyone under the age of 13. If Customer is under 13, please do not attempt to register for the Services or send any Personal Information about yourself to Matrix Connected Fiber. If Matrix Connected Fiber learns that Matrix Connected Fiber has collected Personal Information from a child under age 13, Matrix Connected Fiber will delete that information as quickly as possible to the extent technically feasible. If Customer believes that its child under 13 may have provided Matrix Connected Fiber Personal Information, please contact Matrix Connected Fiber at support@Matrix Connected Fiber.us.
Your California Privacy Rights
- For all requests, include Customer’s full name, street address, city, state and zip code.
- In an email request, Customer must state “Re: Your California Privacy Rights” in the subject line and send Customer email to support@Matrix Connected Fiber.us.
- In a postal request, Customer must send a letter or post card to:
Matrix Connected Fiber Wireless, LLC
1625 Mid Valley Drive #1-129
Steamboat Springs, CO 80487
Attention: Your California Privacy Rights
Matrix Connected Fiber collects various types of information about Customers and Customers’ use of the Service via the Matrix Connected Fiber Website, Help Desk and call centers, postal mail, remote kiosks, the Matrix Connected Fiber Facebook Page or other social network platforms or by other means, generally classified as Personal Information and Non-Personal Information.
Generally, the Customer will be required to provide certain information to Matrix Connected Fiber and Matrix Connected Fiber will collect and use Personal Information in connection with providing the Service to Customer, including to personalize, evaluate, enhance and improve the Service and our ability to provide the Service to Customer, to contact Customer, to respond to and fulfill Customer requests regarding the Service, to troubleshoot, and to analyze how Customer uses the Service.
Matrix Connected Fiber may share Your Personal Information with its Affiliates and with other third parties business and operational reasons as described below:
What Information does Matrix Connected Fiber collect and how does Matrix Connected Fiber use this Information?
Personal Information is the information Customer provides to Matrix Connected Fiber voluntarily or passively through Customer’s use of the Service and/or Matrix Connected Fiber Website, and which is directly associated with or reasonably linked to a specific person, computer or device. For example, through the registration process, when the equipment to provide the Service is installed, maintained or upgraded at Customer’s premises, when Customer contacts Matrix Connected Fiber regarding the Service, and through Customer account settings, Matrix Connected Fiber may collect traditional Personal Information such as Customer name, email address, phone number, date of birth, billing address and service address. IP address and other persistent device identifiers such as cookies, plus the nature of any of Customer devices or other personal property making use of the Service, web-browsing or app usage history are traditionally classified as Non-Personal Information but could be classified as Personal Information when such information is either 1) linked to a specific person, computer or device; 2) is required by applicable law to be classified as Personal Information; or 3) is combined with other Personal Information. We use such Personal Information to provide, enhance and/or customize Our Service and communications with you. We may also collect and use additional Personal Information that is deemed to be sensitive for billing, collection and identity verification purposes, such as credit card account number or other financial account information, Social Security Number, EIN Number, and driver’s license information. Another type of Sensitive Personal Information we may collect and use for delivering and customizing the Service and/or troubleshooting is a Customer’s specific geographic location.
Matrix Connected Fiber will communicate with Customer if Customer has provided Matrix Connected Fiber the means to do so. For example, if Customer has given Matrix Connected Fiber Customer’s email address or phone number, Matrix Connected Fiber will email or call Customer about Customer use of the Service or product improvements or upgrades, and other transactional information about Customer Service.
Matrix Connected Fiber may also combine Customer Personal Information with additional Personal Information obtained from Matrix Connected Fiber Facebook Pages or other social network platforms, its Affiliates, its Operational Service Providers (third party owned companies that provide or perform services on Matrix Connected Fiber’s behalf, to help serve Customer better and to perform functions in order to support Matrix Connected Fiber businesses and operations), or other companies, such as credit bureaus, background check firms, and marketing research companies.
Some forms of Non-Personal Information as described below will be classified as Personal Information if required by applicable law or when such information is directly associated with or reasonably linked to a specific person, computer or device, or is combined with other forms of Personal Information.
When you visit the Matrix Connected Fiber Website, Matrix Connected Fiber will collect various types of Non-Personal Information, such as information on Matrix Connected Fiber server logs from Customer’s browser or device, which may also include the type of browser and/or device you’re using to access the Service, and the page or feature Customer requested, in addition to IP Address and other persistent device identifiers like cookies. Cookies are text file identifiers Matrix Connected Fiber transfers to Customer’s browser or device that allow Matrix Connected Fiber, with web beacons (also known as pixel tags, web bugs, or clear GIFs are small objects or images embedded in a webpage or email) to recognize Customer’s browser or device and tell Matrix Connected Fiber how and when pages and features on the Matrix Connected Fiber Website are visited, by how many people, and other activity on the Matrix Connected Fiber Website. Cookies alone do not contain Personal Information unless you or a third party gives us Personal Information which may be linked to the data in the cookie. For example, we may use a cookie to remember your password and user ID when accessing your profile on the Matrix Connected Fiber Website.
Additional Uses of Personal Information and Non-Personal Information
Technology is improving every day and to improve Matrix Connected Fiber’s Services, operation and function, Matrix Connected Fiber may introduce new technologies and monitoring techniques without advance notice or consent from Customer. Matrix Connected Fiber may also use third party providers to conduct such monitoring and internal analyses.
Matrix Connected Fiber also collects Network Information, information about Customer access to, and use of, the Matrix Connected Fiber Network, which may or may not be directly associated with or reasonably linked to a specific person, computer or device. For example, Matrix Connected Fiber may collect information about the performance of the Provider Equipment installed on Customer property or at Customer premises, when Customer is using the Service, the various devices Customer is using to access the Service, the amount of data Customer is transmitting and receiving, the content of the data Customer are transmitting and receiving, the websites Customer is visiting, and any other information that is transmitted over the Matrix Connected Fiber Network. Matrix Connected Fiber may also aggregate Network Information from multiple subscribers and Matrix Connected Fiber will share such aggregated Non-Personal information about the overall performance of the Matrix Connected Fiber Service and network with other third parties. Aggregated information does not identify a specific individual, computer or device.
Click here for information on how we use Network Information.
How is Personal Information used for marketing and advertising purposes?
Matrix Connected Fiber will use Personal Information to send Customer marketing and advertising messages related to Matrix Connected Fiber’s Service and the Matrix Connected Fiber Website using Customer’s email address, postal address, telephone number (for voice, texts, and pre-recorded calls), and/or IP Address. Matrix Connected Fiber may deliver a marketing or advertising message based on Customer visits to the Matrix Connected Fiber Website, which will be general advertising or “Contextual Advertising,” which is advertising based on the subject matter or the content of the specific website page or subject matter. Matrix Connected Fiber may also send Customer “First Party Advertising,” which is advertising that is customized or personalized based on a history of Customer’s use of our Service (possibly combined with information from our Facebook fan page or other social network platforms). First Party Advertising is based solely on a combination of information Matrix Connected Fiber collects from Customer – not from Customer’s visits to other websites across the Internet.
Customer may opt-out of First Party Advertising but not Contextual Advertising. No traditional Personal Information is used to deliver Contextual Advertising; it automatically will appear based on the content or webpage Customer is viewing. And Customer may continue to receive general advertising if Customer opts-out of First Party Advertising, it will not be customized or personalized for Customer.
Matrix Connected Fiber does not provide third party “Network Advertising,” which is advertising based on Customer’s overall Internet usage across different third party websites or online services. Multiple third party websites and online services are involved in this tailored or personalized advertising process, in essence a “network” of advertising providers.
Because Matrix Connected Fiber does not provide network ads, Matrix Connected Fiber does not recognize the “Do Not Track” settings on various Internet browsers. Matrix Connected Fiber does not engage or allow third parties to track you across the Internet and across time for advertising purposes.
Links to other websites or online services
Will Matrix Connected Fiber share Customer Personal Information?
Matrix Connected Fiber will not rent, sell, nor disclose Personal Information to anyone not related to Matrix Connected Fiber for marketing or promotional purposes, unless Matrix Connected Fiber changes ownership via a sale, merger or a corporate restructuring. (See “For Business Transfers” below for more information.) Matrix Connected Fiber will share Customer Personal Information with other third parties as described in this section for the following reasons:
- To Our Affiliates.Matrix Connected Fiber may rely on various Affiliates in order to provide the Service to Customers. These are companies that are related to Matrix Connected Fiber by common ownership or control. Matrix Connected Fiber may share Personal Information and Non-Personal Information with any of its Affiliates for business, operational, promotional and/or marketing and advertising purposes.
- To Operational Service Providers: Matrix Connected Fiber and its Affiliates contract with other companies and people to perform tasks or services on Matrix Connected Fiber’s behalf and need to share Customer Personal Information to provide products or services to Customers. For example, Matrix Connected Fiber may use a payment processing company to receive and process Customer’s ACH or credit card transactions for Matrix Connected Fiber, or Matrix Connected Fiber may contract with third parties to assist Matrix Connected Fiber in optimizing Matrix Connected Fiber’s network. Unless Matrix Connected Fiber tells Customer differently, Matrix Connected Fiber does not grant its Operational Service Providers any right to use the Personal Information Matrix Connected Fiber shares with them beyond what is necessary to assist Matrix Connected Fiber.
- For Business Transfers/Restructuring:Matrix Connected Fiber may choose to buy or sell assets, or Matrix Connected Fiber may sell assets or be sold. In these types of transactions, Customer Personal Information is typically one of the business assets that would be disclosed and transferred. Also, if Matrix Connected Fiber (or Matrix Connected Fiber’s assets) are acquired, or Matrix Connected Fiber goes out of business, enters bankruptcy, or goes through some other change of control, including restructuring, re-organization or financing arrangements, Personal Information would be one of the assets disclosed, transferred to or acquired by a third party.
- When Required by Law or in Response to Legal Process: Matrix Connected Fiber reserves the right to access, read, preserve, and disclose any Personal Information to which Matrix Connected Fiber has access if Matrix Connected Fiber is required by law, regulation or legal process to do so, or if Matrix Connected Fiber has a good faith belief that Matrix Connected Fiber is required by law, regulation or legal process to do so.
Is Customer Personal Information secure?
Matrix Connected Fiber endeavors to protect the privacy of Customer’s account and other Personal Information Matrix Connected Fiber holds in its records using reasonable administrative, technical and physical security measures. However, Matrix Connected Fiber cannot and will not guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Personal Information at any time.
Customer’s account is protected by a password for Customer privacy and security. It is Customer’s responsibility to prevent unauthorized access to Customer’s account and Personal Information by selecting and protecting Customer’s password and/or other sign-on mechanism appropriately and limiting access to Customer computer, tablet or device and browser by signing off after Customer has finished accessing Customer’s account. Customer is required to notify us immediately if Customer’s password or account has been disclosed to a person whose name does not appear on Customer’s account, even if you have allowed such disclosure. Customer understands, acknowledges and agrees that Customer is solely responsible for any use of Matrix Connected Fiber Services via Customer’s username and password.
Additionally, if Customer contacts Matrix Connected Fiber, Matrix Connected Fiber will ask Customer for verification of Customer’s identification and account. Matrix Connected Fiber will not send an email or text, nor should Customer respond to any email or text communications asking for any sensitive or confidential Personal Information, such as social security number, bank account or credit card account number, or a driver’s license number. If Customer receives an email or text requesting any such information from Matrix Connected Fiber or someone that claims they are with Matrix Connected Fiber please contact our Privacy Administrator immediately: firstname.lastname@example.org
For Matrix Connected Fiber’s IT Support Services as detailed in our Service Agreement, the code that allows Matrix Connected Fiber to access Customer’s computer desktop to help your resolve technical problems is limited only for that specific session. Matrix Connected Fiber is not able to access Customer’s Computer without Customer’s knowledge, affirmative consent and involvement for technical support or troubleshooting.
What Personal Information can Customers access, modify and/or delete?
Generally, Customer may access the following Personal Information in Customer’s account:
- Full name
- Username and password
- Email address
- Telephone number; and
- Billing and Service address
- Account and billing information
By contacting Matrix Connected Fiber at email@example.com, or any other online access Matrix Connected Fiber may create to enable Customers to view and modify Customer account settings, Customer may access, and, in some cases, edit or delete the Personal Information listed above. For example, Matrix Connected Fiber may retain historic email, billing and/or Service addresses for security and verification purposes. Customer may not delete such information.
When Customer updates Personal Information, however, Matrix Connected Fiber may maintain a copy of the unrevised information in Matrix Connected Fiber’s records for internal security reasons and recordkeeping. Some information may remain in Matrix Connected Fiber’s records after it is modified, amended or deleted by Customer or Matrix Connected Fiber. Matrix Connected Fiber may use any aggregated data derived from or incorporating Customer’s Personal Information after Customer updates or deletes it, but not in a manner that would identify Customer personally. Matrix Connected Fiber may also maintain Personal Information regarding Customer and Customer’s use of the Service after Customer is no longer an Matrix Connected Fiber Customer as required by Matrix Connected Fiber’s business practices, by law, and/or tax reporting purposes.
The information Customer can view, update, and delete may also change. If Customer has any questions about viewing or updating information Matrix Connected Fiber has on file about Customer, please contact Matrix Connected Fiber at firstname.lastname@example.org
What third party disclosure choices do Customers have?
Customers can always choose not to disclose Personal Information to Matrix Connected Fiber; however, certain Personal Information is necessary for Matrix Connected Fiber to provide the Service to Customer. Customer may not opt out of sharing Personal Information for business or operational purposes but may opt-out of any sharing for marketing or advertising purposes.
Customers may opt out of email marketing and advertising from Matrix Connected Fiber or its Affiliates using the “Unsubscribe” mechanism in each email. Before Matrix Connected Fiber sends Customers a text or a pre-recorded or artificial voice call that contains advertising or marketing information, Matrix Connected Fiber will secure Customer’s prior written express consent, which can be given via a voice recording, email, text message, postal mail, or telephone key press. (Non-telemarketing pre-recorded/artificial voice calls (including texts) to a wireless device or a wireline residential phone using an autodialer only require a Customer’s prior express consent). Customers understand, acknowledge and agree that such texts and pre-recorded/artificial telemarketing calls may be sent using an autodialer and are not conditioned on your purchase of the Service. Customers may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message. Customers may opt out of receiving pre-recorded/artificial voice calls by the opt-out instructions in the call. Customer can also request to be added to Matrix Connected Fiber’s company-specific Do Not Call list to opt-out of advertising and marketing calls of all types. However, Customers will continue to receive calls related to debt-collection and Customer’s current Service. Customers may also opt-out of First Party Advertising, but not Contextual Advertising, as detailed in the “Use of Personal Information for Marketing or Advertising Purposes” section above.
If you have any questions or concerns regarding Matrix Connected Fiber’s privacy practices and policies, please contact Matrix Connected Fiber at email@example.com
Copyright © 2020, Matrix Connected Fiber, LLC. All Rights Reserved.