Terms and Conditions

FiberFirst (hereafter “FiberFirst”, “Company”, “we” or “us”) and the customer whose name and address appear on the Service Order (hereafter “Customer”, “you” or “your”) enter into this agreement whereby we will provide you those services listed on the Service Order or any other services purchased by you from us (“Services”) and you agree to pay our current fees and rates for those Services. Price, fee, and surcharge changes (including any notice and Customer cancellation rights) are governed by Section 2(c) and 7(e) below. and as detailed in Section 7(e). By acknowledging the Service Order, you agree to abide by these Terms and Conditions and those contained in the Additional Terms of Service Addendum, which is hereby incorporated by reference, and collectively with the Service Order, forms the agreement between us (“Agreement”).

IMPORTANT DISPUTE RESOLUTION NOTICE:
These Terms and Conditions contain a binding arbitration provision and a waiver of the right to bring claims in court or to participate in class or representative actions, except as expressly provided. This provision affects how disputes between you and FiberFirst are resolved. Please review Section 7(d) (Arbitration) carefully before agreeing to these Terms.

1. Electronic Signatures, Notices and Disclosures.You consent to the use of electronic signatures for all agreements with us and consent to receive any or all notices and disclosures we send to you online or through other electronic means (e.g. email or text over the wireless number you provided to FiberFirst, charges may apply).Your consent may be given by: clicking a box indicating your acceptance, consent or acknowledgment; activating any of our Services; or using any of our Services.If you want a paper copy of any document provided to you online, by email or other electronic means, please contact us at 833-FIBRGIG and a paper copy will be sent to you at no charge (except for paper invoices for which we may charge a fee).If you no longer wish to sign documents using electronic signatures or receive notices or disclosures electronically, you may email
   [email protected]
   or send a letter withdrawing your consent at no charge to you to:FiberFirst
   Attn: Customer Care
   550 Reserve Street, Suite 600
   Southlake, TX 76092

   Your withdrawal will not affect the legal validity or enforceability of the electronic documents, signatures and deliveries prior to the time the withdrawal of your consent is processed.

   If your email, mobile phone number, or other address for electronic communications changes, please let us know promptly by emailing
   [email protected]
   or contacting 833-FIBRGIG.

   The following hardware and software are required to access and retain the electronic documents:

   • Adobe Acrobat Reader software, version 6.0 or higher
   • Computer running the latest version of Microsoft Internet Explorer or another compatible browser capable of viewing the site in 128-bit encryption

2. Term, Billing, Payment and Suspension
   1. Effective Date. This Agreement is effective when it has been signed by you and accepted by FiberFirst either by execution on behalf of FiberFirst or by FiberFirst commencing the Services delivery process. Upon approval, we will begin as soon as practicable the installation, connection and testing of the circuits and/or equipment necessary to provide the Services.
   2. Term. The initial term of this Agreement (“Initial Term”) will begin the date we provide notice to you that the Services are available for your use. Unless otherwise specified on the Service Order, the term of the Agreement is month-to-month and automatically renews at the end of each month. You may order additional Services at your existing Service Location(s) under this Agreement for which Service(s) shall have an Initial Term coterminous with the Initial or Renewal Term of the existing Service(s) at said Service Location, subject to our acceptance. Services for additional Service Locations may also be ordered, subject to our acceptance, under this Agreement.
   3. Billing, Fees, and Disputes.
      1. Billing: FiberFirst will e-bill Customer with a monthly itemized bill for the Services and other charges after giving you notice that the Services are installed and available for your use and will continue invoicing you on a monthly basis until the Agreement is terminated. We will bill monthly recurring charges in advance and usage charges after the usage occurs. If the Customer’s usage charges exceed a threshold amount, as determined by the company, these charges may become due before the end of the monthly billing period.
      2. Non-Government-Mandated Fees: In addition to e-billing FiberFirst has a standard for auto-payment via ACH. If Customer elects to use a credit card for auto-payment, a $5.00 monthly processing fee will apply. If Customer elects paper billing over e-billing, there will be an additional $10 per month charge. If Customer requests manual payments in lieu of auto-payment, there will be an additional $10 per month charge.
      3. Government Mandated Fees: Stated prices for the Service do not include applicable taxes or government-imposed fees. Customer is responsible for all federal, state, and local taxes, fees, or surcharges that are assessed or required by law to be collected from Customer or to be paid by FiberFirst to any governmental agency in connection with providing the Service. Such government charges (including but not limited to sales tax, utility user’s tax, 911 fees, and regulatory cost recovery charges mandated by law) may be imposed, adjusted, or removed without notice as required or allowed by law. If any government-imposed taxes or fees applicable to the Service are reduced or eliminated, FiberFirst will cease charging such amounts to Customer (except to the extent any law permits retention of such amounts for a stated period).
      4. Disputes: FiberFirst strives for billing accuracy; if Customer believes any charge on a bill is in error or not disclosed as required, Customer should contact FiberFirst promptly to dispute the charge consistent with the terms of this section. FiberFirst will investigate and, if the charge was applied in error or not in accordance with this Agreement or applicable law, will correct the bill or provide an appropriate credit or refund.If you have a bona fide dispute with any of the amounts on the invoice (“Disputed Amount”), you shall pay all amounts not in dispute by the Pay By Date and provide us with a written request in accordance with Section 7(i) for a billing adjustment, together with all supporting documentation, within 45 days after the Pay By Date or your right to any billing adjustment shall be waived. If we agree to adjust all or a portion of the Disputed Amount, you will not be obligated to pay a late payment charge on the adjusted amount.
   4. Late Payment. Payments are due on the date specified on your bill. If you fail to pay all non-Disputed charges on our invoice by the Pay By Date, and the payment remains unpaid for at least sixteen (16) days after the Pay By Date, we may impose a late payment charge of five dollars ($5) per month on the unpaid non-Disputed balance until the amount is paid.This late payment charge may be assessed no more than once per billing cycle and, once assessed, will appear on your invoice and be due and payable as part of your outstanding balance. The late fee is a one-time administrative charge and is not interest or a finance charge. If any late fee is deemed interest and, when combined with other interest, exceeds the maximum rate allowed by law, the excess shall be credited to the customer’s account.If payment is not received by the Pay By Date, FiberFirst will send a notice on or about the 1st day after the Pay By Date advising that the account is overdue and may result in temporary suspension of Service as described below. Any account remaining unpaid 20 days after the Pay By Date will be considered delinquent and subject to the measures outlined in this section.
      1. Notice Prior to Service Suspension. If payment of non-Disputed amounts is not received 20 days after the due date, FiberFirst will provide a final written notice at least three (3) calendar days before any service suspension is implemented. This notice will inform Customer of:
         • the amount past due,
         • the scheduled date of service suspension if payment is not received, and
         • the steps required to avoid suspension.
      2. Temporary Suspension of Service for Non-Payment. Subject to applicable state and federal law, if payment of all non-Disputed amounts is not received by the date specified in the final notice and during the delinquency period, FiberFirst may temporarily suspend your broadband Internet access service until the delinquent balance, including any applicable late fees, is paid in full.For clarity, during a suspension:
         • FiberFirst is not providing broadband Internet access service, and
         • any limited connectivity that may be technically available during the suspension period (if any) is provided solely as an operational courtesy and does not constitute broadband Internet access service.
      3. Impact on Internet-Dependent and Specialized Services. During any period of service suspension, Customer should expect that Internet-dependent applications and services — including, but not limited to, Voice over IP (VoIP) telephone services, video conferencing, streaming services, security systems, and cloud-based applications — may not function or may function unreliably.Customer acknowledges that FiberFirst is not responsible for interruption, degradation, or failure of any third-party services or applications resulting from service suspension due to late payment.
      4. Emergency Services Advisory. Customer acknowledges that suspension of broadband Internet access service may impair the ability to use Internet-based voice or emergency communication services. Customers who rely on Internet-based voice services are strongly encouraged to maintain an alternative means of accessing emergency services (such as traditional mobile or landline telephone service) during any period of delinquency.Nothing in this Agreement guarantees the availability or quality of emergency calling during a period of service suspension.
      5. Retroactive Billing. Subject to applicable state or federal law, FiberFirst reserves the right to bill Customer retroactively for any Services Customer received which FiberFirst previously had not billed due to billing error or omission. FiberFirst will provide reasonable notice of any such retroactive charge and will not impose late payment charges on retroactively billed amounts if Customer pays such amounts by the newly specified due date.
      6. Additional Remedies. Temporary suspension of service does not preclude FiberFirst from exercising any other rights or remedies available under this Agreement or applicable law, including termination of service for continued non-payment, which may require payment of a reconnection fee and satisfaction of any applicable credit or deposit requirements.
   5. Monthly Subscription Services. Subject to applicable law, Customer shall be responsible for the full monthly charge (without pro-ration) for any monthly Services to which they have subscribed, regardless of any termination of such Services prior to the conclusion of the current billing period. Unless the Customer cancels Services on or before the last day of the current monthly billing period, they will be charged in full for the Services for the next monthly period. Details of the monthly billing period can be found on the Customer’s billing statement.

3. Your Obligations
   1. Our Property. Any equipment installed at your premises by us or shipped to you by FiberFirst or our authorized third-party vendor remains our personal property, and nothing contained in this Agreement shall give or convey to you any right, title, or interest in such equipment. You agree not to interfere with or damage the equipment and you agree to reimburse us for any loss or damage that is caused by your intentional or negligent acts or by the intentional or negligent acts of your agents, employees, authorized users, or representatives. You will allow us to remove the equipment from your premises or you will promptly return the equipment to us upon termination of the Services for which the equipment was used.
   2. Building Access. You shall obtain all necessary approvals, applicable permits and/or use fees to be attained, if any, for full access by us prior to installation of Service and while Service is provided.
   3. Responsibility for Message Content. You are solely responsible for all content that you make available on or through our Services. You guarantee that all such content will not infringe on, or contain any content that infringes on, or otherwise violate any copyright, patent or any other right held by a third-party and that all such content will not violate any applicable law, rule, regulation, or industry standard.
   4. Use of Services. You will not use the Services for any illegal, unlawful, abusive, or fraudulent purpose and will use the Services in such a manner as to prevent damage to our network. Your proper use of the Services includes conforming to all Acceptable Use Policies (“AUP”) that are available on request and are displayed at our web site at www.FiberFirst.com. The AUP may be amended from time to time.
   5. Third-Party Obligations. You are responsible to pay any third-party vendor charges. Also, you are responsible to arrange for disconnection and payment of charges related to the disconnection of any related Services with your current carrier(s). Disconnection of such Services may not be delegated to us.
   6. Network Security. You acknowledge that it is your responsibility to take whatever actions you deem necessary to make your computer, voice and data network and circuits adequately secure from unauthorized access. You further acknowledge that we only provide broadband internet access, voice over internet protocol (“VoIP”) Services and certain equipment to you and that we are not responsible for the security of your network and circuits from third parties, or for any damages that may result from any unauthorized access to your network. Also, we urge you to seek independent advice with respect to products, equipment (including configurations), and Services available to make your computer network and infrastructure more secure from third parties.

      YOU FURTHER ACKNOWLEDGE THAT NONE OF OUR EMPLOYEES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS HAS MADE, AND THEY DO NOT HAVE THE AUTHORITY TO MAKE, ANY REPRESENTATIONS CONCERNING THE SECURITY OF YOUR NETWORK OR THE SERVICES WE PROVIDE THAT ARE INCONSISTENT WITH THE STATEMENTS CONTAINED IN THIS SECTION 3(f).

4. EMERGENCY CALLS AND 9-1-1 DIALINGIMPORTANT NOTICE REGARDING EMERGENCY COMMUNICATIONS911 CALLING USING FIBERFIRST PRODUCTS DIFFERS IN IMPORTANT WAYS FROM PLACING 911 CALLS FROM TRADITIONAL WIRELINE TELEPHONE SERVICE. THIS SECTION PROVIDES IMPORTANT INFORMATION ABOUT SUCH LIMITATIONS:
   1. GENERAL LIMITATIONS APPLICABLE TO ALL FIBERFIRST PRODUCTS. PLACING A 911 CALL USING A FIBERFIRST PRODUCT IS SUBJECT TO THE FOLLOWING LIMITATIONS:
      1. WE CANNOT GUARANTEE THAT A CONNECTION WILL BE ESTABLISHED ENABLING THE PLACING OF EMERGENCY CALLS;
      2. 911 CALLING WILL NOT BE FUNCTIONAL IF YOUR BROADBAND CONNECTION IS NOT FUNCTIONAL FOR ANY REASON OR ANY OF YOUR TELEPHONES CANNOT ACCESS A BROADBAND INTERNET CONNECTION AT THE TIME THE CALL IS ATTEMPTED;
      3. 911 CALLING MAY NOT BE AVAILABLE IF THERE IS A POWER OUTAGE ASSOCIATED WITH YOUR BROADBAND CONNECTION OR YOUR TELEPHONE;
      4. 911 CALLING MAY NOT BE AVAILABLE IF YOUR BROADBAND INTERNET ACCESS SERVICES ARE TEMPORARILY SUSPENDED AS DESCRIBED IN SECTION 2(D);
      5. 911 CALLING WILL NOT BE AVAILABLE IF YOUR SERVICES ARE CANCELLED, TERMINATED OR SUSPENDED BY FIBERFIRST FOR ANY REASON;
      6. YOUR 911 CALL MAY BE DELAYED OR NOT TRANSMITTED AS RAPIDLY AS THOSE TRANSMITTED USING A TRADITIONAL WIRELINE PHONE SERVICE;
      7. IF A CONNECTION IS ESTABLISHED, SUCH CONNECTION MAY NOT BE TO THE GEOGRAPHICALLY APPROPRIATE EMERGENCY RESPONSE CENTER;
      8. IF A CONNECTION IS ESTABLISHED, YOUR ACTUAL LOCATION INFORMATION MAY NOT BE AVAILABLE TO THE EMERGENCY CALL TAKER;
      9. IF A CONNECTION IS ESTABLISHED, THE INCORRECT ADDRESS MAY BE AUTOMATICALLY PROVIDED TO THE EMERGENCY CALL TAKER;
      10. THE EMERGENCY CALL TAKER MAY NOT HAVE THE CAPABILITY TO RECEIVE EITHER REGISTERED 911 LOCATION INFORMATION ASSOCIATED WITH YOUR ACCOUNT OR AUTOMATIC LOCATION INFORMATION WHEN USING THE FIBERFIRST PRODUCTS;
      11. IF YOUR PHONE USED TO PLACE 911 CALLS MALFUNCTIONS FOR ANY REASON, YOU MAY NOT BE ABLE TO PLACE 911 CALLS, YOUR REGISTERED 911 LOCATION OR AUTOMATIC LOCATION INFORMATION MAY NOT TRANSMIT OR YOU MAY NOT BE ABLE TO RECEIVE A CALL BACK FROM AN EMERGENCY CALL TAKER.
   2. User-Provided Registered 911 Location. To ensure your 911 call is routed to the proper Emergency Response Center and to ensure that emergency response personnel can send help to your physical location in any of the 50 U.S. states and the District of Columbia, FiberFirst needs to obtain the address from which you are placing the emergency call (“Registered 911 Location”). You are responsible for providing FiberFirst an up-to-date Registered 911 Location.If you fail to do so, we may not be able to obtain your location information and route your call to the appropriate Emergency Response Center or provide your physical location. If you change your Registered 911 Location, you must update FiberFirst with your new Registered 911 Location.If FiberFirst is not able to validate the new Registered 911 Location, you will not be able to submit the provided address and it could take as long as several business days to activate 911 service at the provided address. If a 911 emergency call is made prior to activation, your call and Registered 911 Location information may not be automatically routed to the appropriate Emergency Response Center.You can inform FiberFirst of your initial or new Registered 911 Location by calling 833-342-7444.
   3. Customer Responsibility for Alternative Emergency Access. Because of the limitations described above, Customers who rely on Internet-based voice or communication services are strongly encouraged to maintain an alternative means of accessing emergency services, such as a traditional landline or mobile telephone service, particularly during any period of billing delinquency, service limitation, or suspension.
   4. 911 Available Only in the U.S. 911/E911 calling functionality for all FiberFirst Products is available only for calls placed from a location in any of the 50 U.S. states and the District of Columbia.
   5. 911 Calling on a Mobile Platform. By using the FiberFirst Mobile Application on a mobile platform, you grant us permission to share your location with emergency response personnel. Your location may be automatically detected when your phone is running the FiberFirst Mobile Application and we may transmit that information to an Emergency Response Center or transmit your Registered 911 Location information.We cannot know with certainty which location will be transmitted with such calls. We will attempt to route your call to the geographically appropriate Emergency Response Center based on your location information, but if we rely on your Registered 911 Location and that differs from your actual location, your call may be routed to the incorrect Emergency Response Center.It is also possible that your call may be routed to an Emergency Call Center. Such center will only have access to your Registered 911 Location which may not be your actual location and may not have access to your call-back telephone number. Additionally, such Emergency Call Centers will not be the geographically appropriate Emergency Response Center and that will likely result in delays dispatching emergency responders.
   6. Emergency Call Center. FiberFirst reserves the right to route a 911 call to an Emergency Call Center when it cannot validate location information. An Emergency Call Center may require you to provide your current location orally to determine the geographically appropriate Emergency Response Center.
   7. You acknowledge and agree that FiberFirst, when providing access to emergency communications Services through any FiberFirst Products or Services, intends to limit its liability and immunize FiberFirst from liability to the same scope and extent as immunity or protections afforded local exchange carriers under federal and applicable state law.

5. IPTV Services and Programming Disclaimer
   1. All programming, programming Services, programming packages, number of channels, channel allocations and selection of broadcast channels provided through the IPTV Services are subject to change by FiberFirst in its sole discretion, in accordance with applicable law. Customer acknowledges and agrees that FiberFirst has the right at any time to preempt, without prior notice, specific programs or Services advertised as available to Customer and to determine what substitute programming, if any, shall be made available. FiberFirst may, at its discretion, make additions, deletions or modifications to its current program line-up without accountability or liability to Customer. FiberFirst shall not be liable for failure to deliver any programming. FiberFirst assumes no liability for any programming or information distributed over or through the IPTV Service or Internet unless produced exclusively by FiberFirst. FiberFirst shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the IPTV Services, unless such products, merchandise or prizes are provided exclusively by FiberFirst.
   2. Customer acknowledges the IPTV Service is only for private non-commercial use and personal viewing enjoyment. The programming distributed via the IPTV Service may not be viewed or otherwise displayed in areas open to the public, including, without limitation, commercial establishments, with the exception of On Demand usage or as otherwise specifically authorized by FiberFirst in writing. The Customer may not rebroadcast or transmit the programming or charge admission for its viewing. You may not take any actions to alter or avoid any security or access controls or restrictions associated with the IPTV Service or equipment. The Customer is responsible for all use of the IPTV Service, whether by you or someone using the IPTV Service with or without permission. The Customer agrees not to use the IPTV Service, directly or indirectly, for any unlawful purpose, including without limitation, violation of the copyright laws through the use, production, copying, rebroadcast or redistribution of any programming distributed as part of the IPTV Service or recorded utilizing equipment containing digital video recording devices. The Customer further agrees that use of the IPTV Service is your sole responsibility, at your own risk, and subject to all applicable local, state, and federal laws and regulations. The Customer understands and agrees that not all programming may be suitable for all viewers, and users of the IPTV Service may have access to programming that may be sexually explicit, obscene, offensive, or otherwise unsuitable or objectionable, especially for children under the age of eighteen (18). The Customer further understands and agrees that it is your responsibility to impose any viewing restrictions you determine are appropriate to limit viewing and access to potentially objectionable material, and you agree to supervise usage of the IPTV Service.
   3. IPTV Service privacy: The Customer has the right to know how FiberFirst collects and discloses their personally identifiable information, the types of personally identifiable information collected, how the information is used, under what conditions it is disclosed, the period during which it is maintained, and the right of Customer concerning such information and its disclosure. This information is provided in the FiberFirst Privacy Policy, a copy of which is available at
      https://fiberfirst.com/privacy-notice/.

6. Warranty Disclaimer, Limitation of Liability and Indemnity
   1. WARRANTY DISCLAIMER. WITHOUT LIMITING ANY EXPRESS FINANCIAL OR LIABILITY PROVISIONS PROVIDED FOR IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES UNDER THIS AGREEMENT (INCLUDING ANY SERVICE IMPLEMENTATION DELAYS/FAILURES), UNDER ANY THEORY INCLUDING WITHOUT LIMITATION TORT, CONTRACT, WARRANTY, STATUTE, STRICT LIABILITY OR NEGLIGENCE, EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE PROVISIONED. WE SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
   2. Service Performance. We endeavor to provide internet access at the speeds advertised for your plan. If your actual typical download/upload speeds are significantly below the advertised speeds for your Service over a 30-day period, and you are able to produce written evidence to establish such deficiencies over the relevant period of time, you may cancel the Service without any early termination fee. In addition, we will work with you in good faith to troubleshoot and, if needed, credit your account to compensate for prolonged subpar performance or outages. Our goal is to deliver the quality of service we promise.
   3. Credit Allowances for Interruption of Service. If an interruption or failure of Service is caused solely by us and not by you or any third party or other causes beyond our reasonable control, you may be entitled to a credit allowance not to exceed an amount equivalent to the proportionate charge to you for the affected Service for the time period from the time of your report to us of the Service interruption to the time Service is restored, not to exceed in any month, the total monthly recurring charge owed by you for the affected Service in that month. You may request a credit by calling our Customer Care team at 833-342-7444. We shall not be liable for any act or omission of any other entity furnishing you with facilities or equipment used with the Services, nor shall we be liable for any damages or losses due in whole or in part to your fault or negligence or due in whole or in part to the failure of equipment or facilities that you provide.
   4. LIMITATION OF LIABILITY. NOTWITHSTANDING THE PROVISIONS OF SUB-SECTION (a) OF THIS SECTION 6, OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE LESSER OF (1) YOUR PROVEN DIRECT DAMAGES, (2) THE AMOUNTS YOU PAID TO US FOR THE SERVICES DURING THE PERIOD IN WHICH ANY SERVICE-RELATED PROBLEMS WERE EXPERIENCED, OR (3) THE CREDITS AVAILABLE TO YOU UNDER OUR TARIFFED LIMITATION OF LIABILITY. THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTION AND CLAIMS, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES RELATED TO YOUR (OR ANY OF YOUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES OR CONTRACTORS, OR THIRD PERSONS OR THIRD-PARTY USERS OF OUR SERVICE) USE OF OR INABILITY TO USE OUR SERVICES.
   5. Indemnification. You will defend, indemnify, and hold us harmless (including our officers, directors, employees, agents, and contractors) from any claims, liabilities, losses, damages and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to your use of or inability to make use of the Services. This indemnity will not be available if the damage or loss is due to our willful or reckless acts or omissions. Subject to the limitation of liability set forth in sub-section (c) of this Section, we will defend, indemnify, and hold you harmless (including your officers, directors, employees, agents, licensees or contractors) from any claims, liabilities, losses, damages and expenses (including reasonable attorneys’ fees and court costs), arising out of or relating to our delivery of the Services to you. This indemnity will not be available if the damage or loss is due to your willful or reckless acts or omissions.
   6. Failure of Essential Purpose. Customer acknowledges and agrees that the remedies set forth in this Agreement, including service credits, fee waivers, and the right to terminate Service under specified circumstances, are Customer’s exclusive remedies for any claim arising out of or relating to the Services, except to the extent prohibited by applicable law. If any limited remedy provided under this Agreement is determined by a court or arbitrator of competent jurisdiction to have failed of its essential purpose, the limitations of liability, exclusions of damages, and allocation of risk set forth in this Agreement shall nevertheless remain in full force and effect to the maximum extent permitted by law. Nothing in this Section is intended to limit any non-waivable rights or remedies available to Customer under applicable consumer protection statutes.

7. Miscellaneous Provisions
   1. Assignment and Succession. FiberFirst shall have the right to assign this Agreement without Customer consent. You may not assign or transfer this Agreement without our prior written consent. Any unauthorized assignment or transfer shall be null and void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successor, and authorized assigns.
   2. Governing Law. This Agreement shall be construed pursuant to the laws of the state where the Services are provided without regard to the conflicts of law provisions thereof.
   3. Force Majeure. We shall not be liable for any failure of performance of the Services due to causes beyond our control, including, but not limited to, fire, flood, electric power interruptions, national emergencies, civil disorder, acts of terrorists, riots, strikes, lockouts, work stoppages, Acts of God, or any law, regulation, directive, or order of the United States government, or any other governmental agency.
   4. Arbitration.
      1. If you and we cannot resolve between ourselves any dispute arising under this Agreement, you and we shall promptly submit the dispute to binding arbitration at the office of the American Arbitration Association (“AAA”) located in the City or County of the state where the Services are provided.
      2. For Customers located in California only,
         1. any arbitration shall be conducted on an individual basis; HOWEVER, this arbitration agreement does NOT preclude you from seeking public injunctive relief under applicable law in court; and
         2. if an arbitrator or court finds this subsection invalid, the rest of the arbitration agreement shall remain in effect.
      3. Notwithstanding any provision in this section or this Agreement to the contrary, the parties agree that arbitration shall be conducted on an individual basis only.
      4. Notwithstanding the foregoing arbitration requirement, either party may elect to seek relief in arbitration or in a court of competent jurisdiction for the following limited categories of claims:
         1. Equitable or Provisional Relief. Claims seeking temporary, preliminary, or permanent injunctive relief, specific performance, or other equitable remedies.
         2. Billing, Payment, and Collection Matters. Claims or actions to collect unpaid amounts, enforce payment obligations, assess or recover late fees, reconnection fees, or other amounts due under this Agreement.
   5. Entire Agreement and Modifications. This Agreement, FiberFirst’s Privacy Policy and Acceptable Use Policy, and all other documents specifically referred to in this Agreement constitute the entire agreement between you and us.
   6. Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part by a court, arbitrator, or administrative agency with jurisdiction over the Services, such provision shall be enforced to the maximum extent permitted by law.
   7. Headings. The headings used in this Agreement are for convenience only and do not limit the meaning of any of the terms.
   8. Waiver. Under no circumstances shall either party’s failure to enforce any provision of this Agreement be construed as a waiver of that provision.
   9. Notices. All notices from you to us must be in writing and delivered by certified mail or expedited delivery service to FiberFirst, Attn. General Counsel, 550 Reserve Street, Suite 600, Southlake, TX 76092.
   10. Cancellation by CA Customers Only. You may cancel your Service at any time. If you subscribed online, you can cancel online by visiting your FiberFirst account portal.
   11. Limitation on Actions. To the extent permitted by applicable law, any action for breach of this Agreement must be commenced within one (1) year after the cause of action accrues.

For California Residents Only:Notwithstanding the provisions in this Section 7(k) to the contrary, nothing in this Agreement limits or shortens any statute of limitations applicable to claims brought by California residents under California law, including but not limited to claims under the California Consumers Legal Remedies Act (Cal. Civ. Code §1750 et seq.), the Unfair Competition Law (Bus. & Prof. Code §17200 et seq.), the False Advertising Law (Bus. & Prof. Code §17500 et seq.), or the Automatic Renewal Law (Bus. & Prof. Code §17600 et seq.). For California residents, statutory limitation periods applicable under California law shall govern.