Acceptance of Terms and Conditions. By using one or more Internet, video or other broadband services (each, a “Service”) of Gibson Connect, LLC (“Gibson Connect”), the customer of record of Gibson Connect (“you”) agrees to these Terms and Conditions of Service (“Agreement”) and any applicable rates, policies, procedures and service guides applicable to such Service(s) that are posted on our web-site at www.gibsonconnect.com, as amended from time to time. These Terms and Conditions shall also apply to any persons who use the Service(s) that we provide to you.
Acceptable Use of Services. The Services we provide to you are for your use only, and you shall not use or permit the use of these services for any other purpose. You shall not make the Services available or permit the Services to be made available for resale, and you may not use or permit the Services to be used or to provide video, telecommunications, internet or similar services to one or more third parties (other than incidental temporary uses of the Services by invited guests visiting your home or other location). Gibson Connect has published acceptable use terms and conditions for Services. Customers who knowingly violate these terms may have their use of services revoked or suspended. Copies of these acceptable use terms and conditions are available at Gibson Connect’s headquarters and at www.gibsonconnect.com. Customers are encouraged to read and follow these policies, including any updates that may be published on Gibson Connect’s website. You may not use Pay- Per-View for commercial gain or public viewing without Gibson Connect’s prior express authorization. The Service and Equipment (defined below) are provided to you for your personal use. You may not resell or transfer the Service or the Equipment to any other person for any purpose, or charge others to use the Service; use the Service in any manner that is contradictory to Gibson Connect’s Acceptable Use Policy that is available at www.gibsonconnect.com; tamper with, disrupt or “hack” the Equipment, or make use of the Service in any way that is inconsistent with its intended purpose. You also agree to comply with the Terms & Conditions of all end-user license agreements that accompany the Equipment or are otherwise applicable to your use of the Equipment and the Services. All such agreements are incorporated herein by reference. Upon termination of this Agreement, all end-user licenses also terminate; you agree to return to us all versions and copies of all software and any equipment provided by or leased from Gibson Connect received in connection with the Services. Gibson Connect reserves the right to terminate your Service should you, in Gibson Connect’s sole discretion, commit any of the actions listed above. You are responsible for any liability or charges billed by any program provider. Gibson Connect reserves the right in its sole discretion to enforce bandwidth allotments depending upon your level of usage and the level of Services purchased. If you have exceeded the appropriate level of internet usage in any given month, Gibson Connect will notify you via email notification. You agree to pay additional charges upon notice from Gibson Connect.
Billing and Payments. Gibson Connect will bill all charges, applicable taxes, and fees monthly in advance (except for usage based charges, which will be billed monthly in arrears). Gibson Connect will send bills electronically to the email address that you provide when you establish services. Gibson Connect will, for an additional charge, provide paper bills. Unless you sign up for paper billing and pay the additional charge, you will only receive an electronic bill, and you are responsible for monitoring the email account that you provide when you establish service. Applicable charges will be set forth in Gibson Connect’s then-current fee schedule found at www.gibsonconnect.com. Some government imposed fees and taxes may be imposed or become applicable retroactively, and you will be responsible for paying any such charge. If you are exempt from payment of such taxes, you must provide Gibson Connect with an original certificate that satisfies all applicable legal requirements. A tax exemption will only apply from and after the date we receive it. Failure to pay the total balance when due may be grounds for disconnecting service and/or imposing a late fee. Gibson Connect may charge a reasonable fee for all returned check and bankcard chargebacks. The returned amount plus fee must be paid by cash, cashier’s check or money order. If Gibson Connect retains an agency or attorney to collect any amount owed, you will be obligated to pay all of Gibson Connect’s costs of collection, including attorneys’ fees. If you dispute any charges, you must notify Gibson Connect within sixty (60) days of the date of your Gibson Connect invoice, or any such dispute will be waived.
Changes to Service Terms and Conditions. Subject to applicable law, we have the right to change our Services, Equipment and associated rates or charges at any time with or without notice. We may also change, add or remove programming features or offerings contained in the Service or other Terms & Conditions related to the Service. We will provide you notice of changes to the Service and to these Terms & Conditions consistent with applicable law. We may also post notice of such changes at www.gibsonconnect.com, and we may send notice to you to the email address on Gibson Connect’s account records for you. Because we may from time to time notify you about important information concerning the Service and these Terms & Conditions, you agree to regularly check your postal mail, email and all postings on www.gibsonconnect.com or on another website about which you have been notified. You bear the risk of failing to do so. If you find a change in Service or a change in these Terms & Conditions unacceptable, you may cancel the Service. If you continue to receive the Service, we will consider you to have accepted these changes.
Important 911 Notices. Applicable to Gibson Connect voice (telephone/VoIP) customers. You will have access to either basic 911 or Enhanced 911 (E911) service. With E911 service, when you dial 911, your telephone number and registered address may be sent to the local emergency center assigned to your location. Emergency operators may have access to the information they need to send help and call you back if necessary. We do not have control over emergency operators nor can we guarantee that a 911 call will be routed to the correct operator. Customers in locations where the emergency center is not equipped to receive their telephone number and address may have basic 911. With basic 911, the local emergency operator 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 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.
- You agree to assume the obligation to inform any employees, guests and other third persons who may be present at the physical location where you utilize the services and/or products we provide under this Agreement of the important differences in and limitations of your phone service as compared with basic 911 or E911. The documentation that accompanies each telephone device will include a sticker concerning the potential non-availability of basic 911 or E911 (the “911 Sticker”). It is your responsibility, in accordance with the instructions that accompany each device, 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 telephone device, or you require additional 911 Stickers for phone devices we do not provide, please contact our customer care department at 731-562-6000 for additional 911 Stickers which we will provide for no additional cost.
- Location of Service. This service is provided at a specific permanent address and not available as a nomadic offering. Before you move the telephone device(s) to another location, you must notify us to determine if service can be provided at your new permanent address. Service will only be provided at locations where E911 or basic 911 connectivity are available.
- Confirmation of Activation Required. Your 911 dialing feature will not be activated for any phone line that you are using with our service, UNLESS AND UNTIL YOU RECEIVE AN EMAIL FROM US CONFIRMING THAT THE 911 DIALING FEATURE HAS BEEN ACTIVATED FOR THAT PHONE LINE.
- Customer Responsibility for Battery Backup. Your Gibson Connect-provided phone modem is powered by plugging it into an electrical wall outlet. In the event of an electrical outage, your modem will not receive power, just like any other electrically powered device in your home. If this were to happen, your Gibson Connect phone service, including any medical or security alert services, like E911, will not be available to you. It is your responsibility to provide, maintain, monitor, and/or replace a backup battery. Additional information, including options available to you from Gibson Connect, is provided in Gibson Connect’s Battery Back Up Policy, which is posted on our web-site at www.gibsonconnect.com, as amended from time to time.
- Service outages, suspensions or disconnections of your broadband service 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.
- Service outages due to disconnection of your account will prevent all service, including 911 Dialing, from functioning.
- Other third-party transport providers 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 we are not responsible for the blocking of ports 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.
- 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. Momentum Telecom, Inc. (“Momentum”) does not have any control over whether, or the manner in which, calls using 911 dialing service are answered or addressed by any local or national emergency response center. Momentum and our suppliers disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. Momentum and our suppliers rely on third parties to assist in routing 911 dialing calls to local emergency response centers and to a national emergency calling center. Momentum and our suppliers 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 GIBSON CONNECT, MOMENTUM, OUR RESPECTIVE SUPPLIERS, NOR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND SUBSCRIBER HEREBY WAIVES ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO 911 DIALING SERVICE. Subscriber shall defend, indemnify, and hold harmless Gibson Connect, Momentum and our respective suppliers, our respective officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Subscriber in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney’s 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.
- 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.
- Momentum is an intended third-party beneficiary of these provisions.
Equipment. All equipment issued to you by Gibson Connect (the “Equipment”) shall remain the property of Gibson Connect at all times. You agree to be responsible for any loss, theft or damage of Gibson Connect’s Equipment. If Equipment is lost or damaged, please contact your insurance company to file a claim. Gibson Connect is not responsible for the maintenance, operation, service or repair of any of your equipment connected to the Services, including without limitation television, computer, telephone or any other device. You agree to allow Gibson Connect or its agents to send software to your equipment and to configure your equipment when necessary to provide Services, even if doing so changes, adds or removes features or functionality of any such equipment. Absent gross negligence or willful misconduct, Gibson Connect will not be responsible for any damage to your equipment arising from such activities. In the event of such damage, Gibson Connect’s maximum liability to you is $500 for the cost of repairs. If you are not the owner of the equipment, you are responsible for obtaining any necessary approval from the owner to allow us to access this equipment and to perform the activities listed above.
Installation and Access. As the customer, you agree to allow Gibson Connect the right to enter your property for the purposes of adjusting, repairing, replacing, maintaining, moving, auditing or removing any equipment if necessary. You represent that you either own the property or have the right to allow Gibson Connect to install any necessary equipment and wiring to provide you service. You also agree to allow access for the purpose of checking signal quality. You should always ask for proper identification anytime a Gibson Connect employee or contractor requests entry to your property. If identification is not provided, please do not allow access.
Service Termination or Changes. As with all our utility services, one call to our office will take care of your needs. Please call 844-859-6767 should you decide to alter your services, move or make any other changes. The final bill will include a $200 charge that will be credited back to the account once Gibson EMC/Gibson Connect equipment is returned. Equipment includes, but is not limited to, the ONT (modem/router), WiFi mesh units (WiFi extender units) and/or pay tv units.
Copyright. Any firmware or software used to provide the Service and all Services, information, documents and materials provided by Gibson Connect in written or electronic form are protected by trademark, copyright or other intellectual property laws. Your use of this firmware, software and the Services is subject to these laws. All names, service marks, trademarks, trade names, logos, content, photographs, sound or image files and domain names (collectively “marks”) of Gibson Connect are and shall remain the exclusive property of Gibson Connect, and nothing in these Terms & Conditions shall grant you the right or license to use any of such marks.
Force Majeure. Gibson Connect shall not be liable for any failure, interruption or diminution of service in the event that such failure, interruption or diminution is caused by or due to causes beyond its control, including, but not limited to, acts of God; fire, earthquake, flood, water, the elements or other catastrophes; strikes, lock-outs, work stoppages or other labor difficulties; utility curtailments, power failures, explosions; insurrections, riots, wars or civil disturbances; any law, order, regulation, or requests of any government or of any civil or military authority; national emergencies; shortages or failure of equipment or supplies, including cable, fiber, switching and other network equipment of third parties; unavailability of transportation; acts or omissions of third parties; or any other cause beyond Gibson Connect’s reasonable control.
Governing Law. These Terms & Conditions and the relationship between you and Gibson Connect shall be governed by the laws of the State of Tennessee without regard to its conflict of laws principles.
Indemnity. You agree to indemnify and hold harmless Gibson Connect from all liabilities, damages, claims and expenses, including without limitation attorneys’ fees, that arise from your or a User’s use of misuse of the Service; from any violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret or other intellectual property; from use or failure of the 911/E911 functionality or any other dialing associated with a home security, home detention, medical monitoring or other similar system; and from your breach of any provision of these Terms & Conditions. Where you are obligated to indemnify or hold Gibson Connect harmless anywhere in these Terms & Conditions, those obligations run not only to Gibson Connect but also to its employees, representatives, affiliates, agents, officers and directors.
Limitation of Liability. IN NO EVENT SHALL GIBSON CONNECT BE LIABLE TO CUSTOMER OR TO ANY USER OF CUSTOMER’S SERVICE FOR LOSS OF PROFITS OR FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE RELATIONSHIP OR THE CONDUCT OF BUSINESS UNDER THE AGREEMENT, EVEN IF GIBSON CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, GIBSON CONNECT SHALL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM OTHERS ACCESSING CUSTOMER’S COMPUTERS AND EQUIPMENT, SECURITY BREACHES, VIRUSES, EAVESDROPPING, INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES, OR ANY USE OF THE EQUIPMENT OR SERVICES OF GIBSON CONNECT THAT INFRINGES UPON ANY PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR INTELLECTUAL PROPERTY OR CONTRACTUAL OR OTHER RIGHTS OF ONE OR MORE THIRD PARTIES. It is expressly understood that Gibson Connect shall have no liability for any damage to you or any other person claimed to have resulted from your use of the Services.
No Warranties. Gibson Connect makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement usage of trade, course of dealing or course of performance or any warranty that the service or the equipment will meet customer’s requirements. The Service and the Equipment are provided to you on an “as is” basis. The Service is not fail- safe and may be interrupted. The service is not designed or intended for use in situations in which an error or interruption could lead to injury to business, persons, property or the environment. Without limiting the foregoing, Gibson Connect does not warrant that the service will be without failure, delay, interruption, error, degradation of quality, or loss of content, data or information. Neither Gibson Connect nor its officers, directors, employees, contractors or any other service provider who furnishes services or products to customer in connection with these Terms & Conditions or the Service will be liable for unauthorized access to facilities, premises or equipment or for unauthorized access to, or alteration, theft or destruction of customer’s data or information regardless of whether such damage occurs as a result of negligence by Gibson Connect, its contractors or service providers. Statements and descriptions concerning the Service or Equipment, if any, by Gibson Connect or by Gibson Connect’s authorized representatives are informational and are not given as a warranty of any kind.
Parental Control. Many electronic devices include parental control features. Parental control features are the responsibility of the user of the services. We encourage parents to use this feature to block or filter video or internet information that may not be appropriate for minors. Gibson Connect does not provide additional parental control features.
Video Programming. You acknowledge that Gibson Connect has the right at any time to preempt without notice specific advertised programming and to substitute programming, which Gibson Connect deems to be comparable.
Customer Notice. You acknowledge receipt of Gibson Connect’s Annual Customer Notice upon installation of service as required by federal law and acknowledge that the Annual Customer Notice, as amended from time to time, is available on Gibson Connect’s website.
Wiring. In a single dwelling unit, all inside wiring is the customer’s property. In a multiple dwelling unit or a commercial premises, wiring is not the customer’s property unless purchased by the customer. Ownership of wiring begins twelve (12) inches from where the wiring enters the outside of the customer’s premise.
Survival. Certain obligations under these Terms & Conditions by their terms continue beyond termination of the Service including, but not limited to, provisions dealing with access to property, disclaimers of warranties, limitations of liability and indemnity. The termination, expiration or cancellation of Service under these Terms & Conditions shall in no way affect the survival of such obligations.
Assignment. This service agreement is non-assignable without the express written consent of Gibson Connect.
Miscellaneous. Except to the extent expressly modified by a commercial special contract between Gibson Connect and a commercial customer, these Terms & Conditions and any other documents incorporated by reference constitute the entire agreement and understanding between you and Gibson Connect with respect to Gibson Connect’s provision of the Services and related Equipment. They replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If Gibson Connect fails to insist upon or enforce strict performance of any provision of these Terms & Conditions, it shall not thereby waive any provision or right. neither the course of conduct between the parties nor trade practice shall modify these Terms and Conditions.
Gibson Connect reserves the right to modify the Terms and Conditions at any time. We will notify you of any material changes via written, electronic, or other means permitted by law, including by posting it on our website. If you find the changes unacceptable, you have the right to cancel the Services. If you continue to use the Services after receiving notice of such changes, we will consider that as your acceptance of the changes.
Effective January 1, 2019