Open Internet Policy
(Effective as of June 2020)
Bluegrass Fiber, LLC. (“Bluegrass Fiber”), “we,” “our,” or “us”) is committed to an open Internet and supports the following Net Neutrality principles:
NO Blocking of Internet content, subject to reasonable network management as described below
NO Throttling of Internet content, subject to reasonable network management as described below
NO Unreasonable Discrimination
NO Paid Prioritization of Internet content
Freedom of Customers to access lawful content
Freedom of Customers to use non-harmful applications of their choice
Freedom of Customers to attach non-harmful personal devices
This Open Internet Policy sets forth certain information regarding the policies and practices of Wisper and how we manage our network for broadband Internet access service (the Bluegrass Fiber Network). This Open Internet Policy is a supplement to and is incorporated by reference in our Bluegrass Fiber, LLC. Master Service Agreement (“Service Agreement’”), and in the event of any inconsistency between this Open Internet Policy and the Service Agreement, this Open Internet Policy shall control.
Bluegrass Fiber’s broadband access service is primarily a fixed wireless service (“Service”). Generally, given the nature of fixed wireless services, certain circumstances may affect the speed and quality of the Service, including but not limited to foliage, line-of-sight obstructions, the distance between a customer’s premises and the transmission point, as well as the customer’s connection of multiple devices to the Bluegrass Fiber Network. Although we have engineered the Bluegrass Fiber Network to provide consistent high-speed data services, some network management for these scenarios is required, because very heavy data usage by even a few customers at times and places of competing network demands can affect the performance of all customers.
NETWORK MANAGEMENT PRACTICES
Blocking: Other than reasonable network management practices disclosed below, we do not block or otherwise prevent a customer from lawful content.
Throttling: Other than reasonable network management practices disclosed below, we do not throttle or otherwise degrade or impair access to lawful Internet traffic on the basis of content, application, service, user, or use of a non-harmful device.
Affiliated Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, to benefit any of our affiliates, defined as an entity that controls, is controlled by, or is under common control with Bluegrass Fiber.
Paid Prioritization: We do not directly or indirectly favor some traffic over other traffic, including through use of techniques such as traffic shaping, prioritization, or resource reservation, in exchange for consideration, monetary or otherwise.
We may also use specific traffic shaping software in order to provide a better quality of experience for customers.
We may also conduct deep packet inspection (“DPI”), which is a type of filtering that will examine the data and/or header part of Internet traffic for viruses, spam, intrusions, or protocol non-compliance that may harm the Bluegrass Fiber Network; to determine the routing of Internet traffic; for internal statistical and performance purposes; for lawful intercept capabilities, and/or enforcement of our Service Agreement. We do not use DPI to conduct data mining for targeted marketing or advertising, or anti-competitive purposes.
If we determine, in our sole and reasonable discretion, that the manner in which a customer is using the Service negatively impacts other customers or the Bluegrass Fiber Network, we reserve the right to apply additional congestion management techniques.
Application-Specific Behavior: Subject to the qualification that Bluegrass Fiber may reasonably limit or rate-control specific or classes of applications, or other specific protocols or protocol ports as set forth below, Bluegrass Fiber generally treats all lawful applications identically. However, we reserve the right to block or limit access to any applications, ports or protocols that we determine, in our sole and reasonable discretion, may expose the Bluegrass Fiber Network to potential legal liability, harm the Bluegrass Fiber Network or otherwise interfere with or impair the experience of other customers on the Bluegrass Fiber Network. The Bluegrass Fiber Network may also not support certain high-bandwidth video and voice applications, or peer-to-peer applications that carry unlawful or harmful content/software.
Device Attachment Rules: Generally, you do not need approval to connect a third-party device to the Bluegrass Fiber Network. Bluegrass Fiber does not limit the types of devices that can be connected to the Bluegrass Fiber Network, provided they are used for lawful purposes and do not harm the Bluegrass Fiber Network, violate our Service Agreement, or harm other users of the Network. However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to the Bluegrass Fiber Network negatively impacts other users or the Bluegrass Fiber Network, or may expose us to potential legal liability, we reserve the right to limit or restrict customers’ ability to connect such type of device to the Bluegrass Fiber Network.
Security: We have taken reasonable physical, technical and administrative safeguards to protect the integrity and operations of the Bluegrass Fiber Network. We monitor the Bluegrass Fiber Network for security threats and may prohibit certain activity on the Bluegrass Fiber Network that we may deem, in our sole and reasonable discretion, poses a potential risk to the Bluegrass Fiber Network or to other customers. Triggering conditions include but are not limited to denial of service activity, IP address or port scanning, excessive account login failures; or certain Internet addresses that are disruptive, malicious and typically persistent. If we notice excessive customer connections, including but not limited to Wi-Fi connections, that are harmful or are commonly used to disrupt the normal use of the Bluegrass Fiber Network or use by other customers, we will attempt to notify the customer to work collaboratively to remedy the issue to the extent possible; however, we reserve the right as a reasonable security practice, without advance notice, to block any customer traffic, ports, protocols, devices, or applications (such as peer-to-peer applications that may carry malicious software or are known to be problematic) that we determine, in our sole and reasonable discretion, may cause harm to the Bluegrass Fiber Network or to other customers, or may expose us to potential legal liability.
PERFORMANCE CHARACTERISTICS AND COMMERCIAL TERMS Specific Service plans and rates for an individual customer is set forth on the Bluegrass Fiber website.
Service Description and Pricing: Links to a current description of the pre-structured categories of Internet access service offered to residential and business customers are available here, including pricing, speeds, and the suitability of the service for real-time applications:
Impact of Non-Broadband Internet Access Service Data Services (also known as “Specialized Services”): We do not offer data-related Specialized Services to customers that will affect the last-mile capacity available for, and the performance of, our broadband Internet access Service offering.
Various Fees: We will assess the following fees for our Service, where applicable. Please see our Service Agreements for pricing details. NEED WELCOME PACKET ON WEBSITE
Fees for Additional Services: A current description of the fees for additional network-related services can be found at the links below:
Network Speeds: Bluegrass Fiber offers a standard range of download speeds to residential customers varying from 12 Mbps to 50 Mbps. The standard range of download speeds for business subscribers is from 50 Mbps to 1 Gig. The Bluegrass Fiber Network is designed and maintained to support these speeds to help ensure that every customer receives the speeds to which they have subscribed. Bluegrass Fiber, however, cannot guarantee speeds at all times, as there are many factors and conditions beyond our control that can affect Internet performance. Some of these external factors and conditions are:
Performance of customer devices
Radio frequency environment on customer’s premises
Congestion of websites and services on Internet
Website or service limiting speeds on the Internet
Internet and equipment performance outside of the Bluegrass Fiber Network
***The Bluegrass Fiber Service plans are advertised as “up to” certain speeds reflecting performance under ideal conditions. Without purchasing an expensive “dedicated” Internet connection, no Internet Service Provider can guarantee package speeds at all times.
Acceptable Use: As set forth in the Service Agreements, all of Bluegrass Fiber’s service offerings are subject to the Acceptable Use Policy (“AUP”) section of the Service Agreements, which we may from time to time establish or revise. The AUP is available here: https://www.bluegrassfiber.com/legal
Redress Options: Bluegrass Fiber endeavors to respond to all customer concerns and complaints in a timely and fair manner. We encourage Customers to contact us at (502) 783-6456, or email@example.com or U.S. postal mail to discuss any complaints or concerns as they arise. Our postal address is 975 River Bend Rd. Ste. A, Frankfort, KY 40601
Disputes and Arbitration: The Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customers in the event of a dispute.
FCC REQUIREMENTS AND COMPLAINT PROCESS
The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules”). Information regarding these Rules is available on the FCC’s website at: https://www.fcc.gov/restoring-internet-freedom
If a customer believes that we are not in compliance with the FCC’s rules, the Customer may file an informal complaint with the FCC. The FCC urges Customers to submit any complaints via its website at the following address: https://consumercomplaints.fcc.gov/hc/en-us.
Bluegrass Fiber, LLC Service and Acceptable Use Agreement
SERVICE TERMS AND CONDITIONS
Thank you for choosing Bluegrass Fiber as your Internet Service Provider. This document is important–please read it carefully. THIS BLUEGRASS FIBER SERVICE TERMS AND CONDITIONS AND ALL DOCUMENTS REFERRED TO HEREIN (collectively the “Agreement”), IS A LEGAL CONTRACT BETWEEN THE CUSTOMER (“USER”) AND BLUEGRASS FIBER, LLC. (“BLUEGRASS FIBER”) AND SETS FORTH THE TERMS AND CONDITIONS BY WHICH BLUEGRASS FIBER WILL MAKE AVAILABLE THE SERVICES USER HAS SUBSCRIBED TO RECEIVE (“the Service(s)”).
BLUEGRASS FIBER RESERVES THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT AT ANY TIME BY POSTING THE REVISED AND UPDATED AGREEMENT ON BLUEGRASS FIBER’s WEBSITE AT LEAST 30 DAYS IN ADVANCE OF THE EFFECTIVE DATE OF ANY CHANGES. BLUEGRASS FIBER MAY NOTIFY USER OF ANY CHANGE BY: POSTING NOTICE OF CHANGES ON BLUEGRASS FIBER’s WEBSITE; NOTIFYING USER BY EMAIL OR US MAIL; AND/OR NOTIFYING USER ON USERS MONTHLY BILLING STATEMENT. USER SHOULD REGULARLY REVIEW INFORMATION POSTED ONLINE IN THE ‘Legal’ (https://www.bluegrassfiber.com/legal) AREA OF BLUEGRASS FIBER’S WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. USER’S NON-TERMINATION OR CONTINUED USE OF SERVICES AFTER CHANGES ARE POSTED CONSTITUTES USER’S ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
This Agreement takes effect once USER’S Service has been activated by Bluegrass Fiber. This Agreement shall continue until USER’s Services are terminated in accordance with this Agreement. This Agreement governs both the Services and any equipment provided by Bluegrass Fiber and used in conjunction with the Service, such as CPE antennas; routers; Access Points; cameras; switches; cables and adapters (collectively, a “Device” or the “Equipment”).
Internet Access – Subject to the Service characteristics contained herein, Bluegrass Fiber shall provide Internet connections between the Bluegrass Fiber provided wireless equipment and Bluegrass Fiber’s broadband network. Broadband connections are provided as “up-to” the speeds advertised within the Service plan subscribed by the USER reflecting performance under ideal conditions. Bluegrass Fiber reserves the right to interrupt those speeds if necessary for Equipment upgrades and network maintenance, and will do its best to inform USER of any such interruptions ahead of time. Bluegrass Fiber shall have the unrestricted right to engage subcontractors in rendering Services under this Agreement.
As a condition of use of the Service, USER warrants to Bluegrass Fiber that USER will use the Service in accordance with the Acceptable Use Policy of Bluegrass Fiber as it may be updated from time to time and which is available at https://www.bluegrassfiber.com/legal.
The transfer of technology across national boundaries, including electronic transmission thereof, is regulated by the U.S. Government. USER agrees not to export, import or re-export, (including, without limitation by way of electronic transmission) any technology transmitted through Bluegrass Fiber Services without first obtaining any required export license or governmental approval. USER agrees it will not directly or indirectly export or re-export such technology to any of those countries listed from time-to-time in supplements to Part 770 to Title 15 of the Code of Federal Regulations in Country Groups Q, S, W, Y or Z. The parties acknowledge that the foregoing lists are subject to regulatory change from time to time.
Bluegrass Fiber will cooperate fully with legal authorities in the investigation of suspected crimes or service abuses. USER agrees to indemnify and hold harmless Bluegrass Fiber, its agents and representatives, from any and all claims, costs, losses, damages, liabilities and expenses, including reasonable attorneys’ fees for any reason whatsoever, including without limitation, any harm, injury, loss or damage incurred by Bluegrass Fiber, or any other party, arising out of USER’s breach of either this lawful use provision or Bluegrass Fiber’s Acceptable Use Policy.
COPYRIGHT, TRADEMARK, UNAUTHORIZED USAGE OF DEVICE, FIRMWARE OR SOFTWARE
The Service, any Devices or Equipment, and any firmware or software used to provide the Service or provided to the USER in conjunction with providing the Service, or embedded in the Devices or Equipment, and all Services, information, documents and materials on Bluegrass Fiber Websites are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All of Bluegrass Fiber’s websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) are and will at all times remain the exclusive property of Bluegrass Fiber. Nothing in this Agreement grants USER the right or license to use any Bluegrass Fiber marks.
USER has not been granted any license to use the firmware or software used to provide the Service or provided to the USER in conjunction with providing the Service, or embedded in any Devices or 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. USER expressly agrees that any Device or Equipment is exclusively for use in connection with the Service and that Bluegrass Fiber will not provide any passwords, codes or other information or assistance that would enable USER to use such Device or Equipment for any other purpose. Bluegrass Fiber reserves the right to prohibit the use of any interface equipment that Bluegrass Fiber has not provided to the USER. USER hereby represents and warrants that USER possesses all required rights, including software and/or firmware licenses, to use any interface equipment that Bluegrass Fiber has not provided to USER. In addition, USER shall indemnify and hold Bluegrass Fiber harmless against any and all liability arising out of USER’s use of such interface equipment with the Service. USER 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.
USER shall not change the electronic serial number or equipment identifier of any Device or perform a factory reset of any Device without prior consent from Bluegrass Fiber. Bluegrass Fiber reserves the right to terminate USER’s Service or impose a Service Fee if Bluegrass Fiber believes, in Bluegrass Fiber’s sole and absolute discretion, that USER has tampered with any Device. In the event of such termination, USER will remain responsible for any unpaid fees incurred up to termination as provided for in this Agreement. USER shall not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.
USER can best control the risks associated with security, and are therefore solely responsible for maintaining and upholding the account security of their Service. Bluegrass Fiber will not be responsible for any disruption of Service, corrupted files or viruses which affect the USER of the Service. It is USER’s responsibility to safeguard USER’s network and equipment through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the Bluegrass Fiber network as a result of USER’s failure to properly secure USER’s network and devices may result in the immediate termination of USER’s Service. USER is entirely responsible for any actions, damages, or costs incurred via their account, regardless of who is using that account.
Service Availability – The Service is subject to availability as it is contingent on available Bluegrass Fiber facilities and unique signal path conditions between such facilities and the USER premises. Due to the nature of the Service technology, Bluegrass Fiber reserves the right to deem the Service unavailable to the USER up to, including, and after the installation. Bluegrass Fiber assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in USER’s geographical area, for any reason, even where such unavailability occurs after installation of the Service.
Service Plans – Bluegrass Fiber offers a range of month-to-month Service plans with different speeds and unlimited data usage. Service plans are subject to availability. A Service Term shall begin on the date that the Service has been installed and activated by Bluegrass Fiber, then renews on a 30-day cycle. If USER changes or upgrades their Service plan, prorating may be applied to the next billing cycle.
Performance Levels – Speed is a function of the traffic experienced upon the wider network architecture of the Internet itself. Bluegrass Fiber Services are provided as “up-to” speeds and Bluegrass Fiber does not guarantee the maximum Service performance (throughput speeds) levels. Bluegrass Fiber will make every reasonable effort to ensure that USERS receive the speeds under the Service plan they selected throughout most of a USER’s daily use and reflecting performance under ideal conditions. Bluegrass Fiber is not responsible for speeds from points anywhere else on the internet and USER understands that content that USER may access through the Service may be subject to “caching” or several other factors that are beyond Bluegrass Fiber’s control.
Network Management – USER understands, acknowledges and agrees that Bluegrass Fiber may use various tools and techniques in order to efficiently and reasonably manage its networks as provided in Bluegrass Fiber’s Open Internet Policy which may be updated from time to time and is available at https://www.bluegrassfiber.com/legal. Consistent with its Open Internet Policy, Bluegrass Fiber may employ traffic-management technology to allocate bandwidth across all of its customers and has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on Bluegrass Fiber’s servers.
IP Addresses – Internet Protocol (“IP”) addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by Bluegrass Fiber and/or the American Registry for Internet Numbers (ARIN).
Bluegrass Fiber Equipment – Bluegrass Fiber will provide USER the authorized wireless Equipment for use with the Bluegrass Fiber Service. Only Bluegrass Fiber Consumer Premises Equipment (“CPEs”) are permitted and authorized to be connected to the Service. Bluegrass Fiber own’s all Equipment installed by Bluegrass Fiber at the USER location, and will monitor and upgrade said Equipment as Bluegrass Fiber determines to be necessary and appropriate.
USER Equipment – It is USER’s responsibility to ensure that USER’s internet-ready devices and systems meet the current minimum system requirements as necessary to use the Service. USER accepts that due to the varied capabilities of end-user internet devices, the quality of Service may vary depending on the device used. Therefore, USER agrees to work with Bluegrass Fiber support staff in wholistic troubleshooting procedures when diagnosing reported issues.
CANCELLATION / TERMINATION / CHANGE IN SERVICE
If USER chooses to cancel the Service at any point within the (10) ten day grace period, USER will not be charged a setup fee nor incur any usage fees. If USER wishes to cancel the Service before grace period has ended, the USER is required to notify Bluegrass Fiber of USER’s intent to cancel by calling or texting Bluegrass Fiber Customer Support at (502) 783-6456 or emailing to firstname.lastname@example.org.
USER may terminate the Service at any time upon notice to Bluegrass Fiber. Termination is effective on the date you contact Bluegrass Fiber to cancel the Service or as of a future date designated by USER or Bluegrass Fiber, provided Bluegrass Fiber can support such future date. HOWEVER, PAID CHARGES ARE NOT SUBJECT TO REFUND SO IF USER CANCELS SERVICE BEFORE THE END OF A BILLING CYCLE, THERE WILL BE NO PRO-RATED REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH PERIODS REMAINING AFTER THE TERMINATION DATE.
If USER changes or upgrades the Service plan, any applicable prior Service Term will be prorated, and USER will have a new Service Term as applicable to the new Service plan. Upon a change or upgrade to a Service plan, any special or other promotions applied to USER’s account may be subject to discontinuance or removal if such promotion is no longer available.
Termination of the Service does not affect USER’s obligations under this Agreement, including USER’s obligation to pay all fees for Services rendered prior to termination and any termination, processing and administration fees incurred as a result of such termination. Bluegrass Fiber accounts must be paid in full before a cancellation will be considered complete.
Upon termination of service, all Equipment provided by Bluegrass Fiber will be retrieved by Bluegrass Fiber. USER is not authorized to uninstall or remove any Bluegrass Fiber Equipment. USER bears all risk of loss of, theft of, casualty to or damage to the Equipment; from the time service is terminated until the time it is removed by Bluegrass Fiber.
TERMINATION AND SUSPENSION BY BLUEGRASS FIBER
Inappropriate use or abuse of the Services by USER, as determined in the sole discretion of Bluegrass Fiber, may result in account suspension, termination, and/or legal action. Inappropriate use or abuse of Bluegrass Fiber Services by others can be traced, documented, and reported to appropriate authorities and may be prosecuted to the fullest extent of the law.
Bluegrass Fiber may terminate USER account immediately if it determines, in its sole discretion, that USER has violated any of the provisions of this Agreement. Bluegrass Fiber reserves the right to unilaterally terminate or suspend an account at any time, without providing a reason.
If USER’s Service is terminated by Bluegrass Fiber for any reason, USER will remain fully liable and responsible to pay any fees that are still owed to Bluegrass Fiber pursuant to this Agreement and for all costs Bluegrass Fiber incurs to collect such amounts, including, without limitation, collection costs and attorney’s fees.
FEES, PAYMENT AND BILLING
Fees – Fees include, without limitation, set up or installation fees, monthly Service fees, monthly additional equipment fees and other fees as set forth below. Bluegrass Fiber will invoice fees for setup/installation (10) ten days following installation. All other Services and fees on a 30-day backwards billing cycle. USER agrees to pay all applicable federal, state, or local taxes arising under, and subsequent to, this Agreement.
Additional Fees –Bluegrass Fiber’s Additional Services vary can be found in Bluegrass Fiber’s Welcome Packet and on the “Welcome” tab found on Bluegrass Fiber’s website (https://www.bluegrassfiber.com/welcome). Bluegrass Fiber performs most in home service visits free of charge. However, any service visit necessitated by USER neglect/carelessness/abuse of Bluegrass Fiber equipment can result in, at Bluegrass Fiber’s sole discretion, a service fee or termination of service. Examples of abuse/carelessness/abuse include but are not limited to cut wires; factory resets; unauthorized removal, repair, or augmentation of Bluegrass Fiber Equipment; USER refusal to assist Support staff with remote troubleshooting; USER failure to follow the basic troubleshooting steps outlined (https://www.bluegrassfiber.com/troubleshooting).
Payment Method– Bluegrass Fiber accepts credit or debit payments ONLY.
Late Fees and Service Suspension – All Bluegrass Fiber invoices are due (10) days from the invoice date. A late fee of $10.00 USD is incurred after (5) five days of non-payment and will be added to the following billing cycle. After (10) ten days of non-payment, USER account is automatically Suspended. USER can reactivate service by submitting a payment through their client portal or through Support staff at (502) 783-6456.
Billing Disputes and Errors – Subject to applicable law, USER may dispute any invoiced charge by contacting Bluegrass Fiber within one hundred twenty (120) days of the date of the disputed invoice. All invoiced charges shall be deemed correct and indisputable one hundred twenty (120) days after the date of the invoice on which they appear and USER shall waive the right to dispute any charge after such period. Bluegrass Fiber’s obligation with respect to any billing errors resulting in USER’s overpayment for Service is limited to granting invoice credits equal to the dollar amounts erroneously billed, subject to the above limitation.
Fee Changes – USER acknowledges and agrees that Bluegrass Fiber has the right to change its Service fees, additional fees, or add new fees at any time, upon notice to the USER. Notwithstanding the foregoing, if USER agrees to a Service plan with a Service Term of one (1) month. then USER’s base monthly Service fees shall not be subject to change during the Service Term.
USER Charges – USER acknowledges that USER may incur USER-initiated charges while using the Services. For example, charges may be incurred as a result of USER accessing certain information, or purchasing or subscribing to certain offerings, via the Internet. USER agrees that all such charges, including all applicable fees and taxes, shall be paid by USER and are not the responsibility of Bluegrass Fiber.
INSTALLATION AND ACCESS TO USER’S PREMISES
Bluegrass Fiber will provide installation Services at the USER premises at an agreed-upon price. As part of the installation process, entry of Cat5 and/or other wiring into the building will likely be required, and USER hereby consents to and authorizes any such modifications. USER authorizes Bluegrass Fiber, and its employees, agents, contractors, and authorized representatives to enter USER’s premises in order to install, maintain, inspect, repair and remove the Equipment and/or Services. If USER is not the owner of the premises, upon request, USER will supply Bluegrass Fiber with the owner’s name and address and written consent or other evidence that USER is authorized to grant access to the premises on the owner’s behalf or Bluegrass Fiber may request permission from the owner to install the Services on the premises. This Agreement is contingent upon Bluegrass Fiber’s obtaining a right of entry onto the premises and Bluegrass Fiber shall not have any liability if access or right of entry to the premises is denied or limited for any reason. USER will not remove Equipment from the premises, modify the Equipment in any way, or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected to by the Bluegrass Fiber installer unless otherwise instructed to do so by Bluegrass Fiber staff. For such charges as Bluegrass Fiber may determine, Bluegrass Fiber may relocate the Equipment for USER within the premises at USER’s request.
MOVING AND RECONNECTION
If USER moves and would like to relocate the Service, USER must place a relocation request with Bluegrass Fiber Support at email@example.com. This request must contain the requested date of Service termination, the address of the new location, the prospective move-in date, and the requested transfer of Service date. Upon receipt of a request from USER, Bluegrass Fiber will first confirm service availability at the new location and inform the USER if Bluegrass Fiber can provide service at the new location. Provided the new location is serviceable, Bluegrass Fiber will schedule an installation date with the USER for the new location. All new installations are subject to a setup/installations fee, and are due within (10) ten days. Upon transfer of USER’s account, USER agrees to continue to comply with all terms and conditions of this Agreement. A new billing cycle and Service Term will commence upon activation of Bluegrass Fiber Service at the new location.
If Bluegrass Fiber is unable to provide Service to the USER’s new location, this Agreement shall terminate and USER shall be liable for all fees incurred up to termination date but shall not be subject to any Early Termination Fees.
If Bluegrass Fiber has not received sufficient information from USER to process the relocation order thirty (30) days after Service termination date, this Agreement shall be considered terminated by USER.
USER shall notify Bluegrass Fiber immediately, by email or by calling Bluegrass Fiber Customer Support line, if any Device is stolen or if USER becomes aware at any time that USER’s Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When USER calls or writes, USER must provide the name and address of the account holder and a detailed description of the circumstances of the Device theft, fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the termination of USER’s Service and additional charges. Until such time as Bluegrass Fiber receives notice of the theft, fraudulent use or unauthorized use, USER will be liable for all use of the Service using a Device stolen from USER and any and all stolen, fraudulent or unauthorized use of the Service.
USER will be liable for any and all liability that may arise out of the content transmitted by USER or to any person, whether authorized or unauthorized, using USER’s Service or Device. USER shall assure that all use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. Bluegrass Fiber reserves the right to terminate or suspend USER’s Services and remove any content from the Service, if Bluegrass Fiber determines, in its sole and absolute discretion, that such use or content does not conform to the requirements set forth in this Agreement or interferes with Bluegrass Fiber’s ability to provide Services to USER or others. Bluegrass Fiber action or inaction under this Section will not constitute any review or approval of USER’s use or content.
USER has been advised and acknowledges that the Internet may contain information, materials, and language that may be deemed adult in nature and inappropriate or offensive. The USER is responsible for all information received, transmitted, and/or stored by the USER and the USER releases Bluegrass Fiber from and agrees to indemnify Bluegrass Fiber its officers, directors, agents and employees against any and all claims, losses or expenses relating to such information, materials and language. This indemnification shall survive any termination of this Agreement.
USER EXPRESSLY AGREES THAT USE OF THE SERVICES AND ANY EQUIPMENT IS AT USER’S SOLE RISK. THE SERVICES AND ANY EQUIPMENT PROVIDED TO THE USER BY BLUEGRASS FIBER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. BLUEGRASS FIBER DOES NOT WARRANT (i) THE UNINTERRUPTED, TIMELY OR SECURE USE OF THE SERVICE; (ii) THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY EQUIPMENT WILL MEET USER’s REQUIREMENTS; (iii) THAT THE SERVICES WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPOMNENTS; OR (iv) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA OR FILES USER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO USER’S COMPUTER OR DEVICE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY BLUEGRASS FIBER OR BLUEGRASS FIBER AGENTS OR INSTALLERS, WHETHER ORAL OR WRITTEN, ARE INFORMATIONAL ONLY AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
LIMITED WARRANTY – BLUEGRASS FIBER WARRANTS THAT IT WILL USE REASONABLE EFFORTS TO RENDER SERVICES PURSUANT TO THIS AGREEMENT IN A TIMELY, PROFESSIONAL AND WORKMANLIKE MANNER IN ACCORDANCE WITH TIMELINES ESTABLISHED HEREIN. ANY CLAIM FOR BREACH OF THE FOREGOING WARRANTY MUST BE BROUGHT WITHIN THIRTY (30) DAYS AFTER USER’s ACTUAL DISCOVERY OF ANY DEFECT. BLUEGRASS FIBER WILL HAVE NO LIABILITY FOR ANY CLAIM MADE AFTER SUCH TIME. BLUEGRASS FIBER DOES NOT WARRANT, HOWEVER, THAT YOUR USE OF ANY SERVICES WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR SECURE. BLUEGRASS FIBER’s ENTIRE LIABILITY AND USER’s EXCLUSIVE REMEDY IN CASE OF BREACH OF THIS WARRANTY SHALL BE, AT BLUEGRASS FIBER’s SOLE OPTION, EITHER REPLACEMENT OR REPAIR OF CONNECTION SERVICES OR PRODUCTS, FOREGIVNESS OF ALL OR A PORTION OF THE SERVICE FEES FOR THE CURRENT DUE INVOICE, OR TERMINATION OF SERVICE. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY BLUEGRASS FIBER. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO THE USER. IF ANY UNAUTHORIZED MODIFICATIONS ARE MADE TO THE EQUIPMENT OR SERVICES BY USER DURING THE WARRANTY PERIOD, IF THE SERVICES OR PRODUCTS ARE SUBJECT TO ABUSE, ACCIDENT, IMPROPER USE, OR IF USER BREACHES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY BE TERMINATED.
OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH THEREIN, BLUEGRASS FIBER MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED IN REGARDS TO THE DEVICE OR EQUIPMENT, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE 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 DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET USER’s REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.
LIMITATION OF LIABILITY / DISCLAIMER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BLUEGRASS FIBER OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, CONTRACTORS OR AGENTS OR ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO USER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BLUEGRASS FIBER UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.
ADDITIONALLY, BLUEGRASS FIBER WILL HAVE NO LIABILITY (i) FOR ANY AMOUNT IN EXCESS OF THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD; (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) FOR ANY DAMAGES OR LOSS DUE TO USER’S FAILURE TO BACK UP ANY EQUIPMENT OR ANY LACK OF OR BREACH OF SECURITY USER, OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vi) FOR CUSTOMER”S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS AGREEMENT; OR (vii) FOR ANY MATTER BEYOND BLUEGRASS FIBER’S REASONABLE CONTROL.
BLUEGRASS FIBER 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, VENDOR 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 THE USER; OUTAGE OF, OR BLOCKING OF PORTS BY, USER’s ISP OR BROADBAND SERVICE PROVIDER OR OTHER IMPEDIMENT TO USAGE OF THE SERVICE CAUSED BY ANY THIRD PARTY; ANY ACT OR OMISSION BY USER OR ANY PERSON USING THE SERVICE OR DEVICE PROVIDED TO THE USER; OR ANY OTHER CAUSE THAT IS BEYOND BLUEGRASS FIBER’s CONTROL, INCLUDING, WITHOUT LIMITATION, A FAILURE OF OR DEFECT IN ANY DEVICE, THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, THE INABILITY OF COMMUNICATIONS (INCLUDING, WITHOUT LIMITATION, 911 DIALING) TO BE CONNECTED OR COMPLETED, OR FORWARDED. BLUEGRASS FIBER’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL IN NO EVENT EXCEED THE SERVICE CHARGES WITH RESPECT TO THE AFFECTED TIME PERIOD.
USER agrees to defend, indemnify and hold Bluegrass Fiber its officers, directors, agents and employees harmless from any claims, losses and damages, including attorney’s fees, resulting from USER’s violation of any of the provisions of this Agreement or USER’s placement or transmission of any materials or content onto Bluegrass Fiber servers or through its network, or from any and all use of USER’s account, with or without USER’s knowledge or consent, or from all claims, damages, fines, penalties, costs and expenses (including, without limitation, attorney fees) related to any action taken by Bluegrass Fiber as part of Bluegrass Fiber investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred, or to USER’s use of or inability to use Bluegrass Fiber Services, Equipment, bundled software, Internet or VoIP, including, without limitation, 911 dialing.
Relationship – USER is not an agent of Bluegrass Fiber, and USER has no authority to obligate Bluegrass Fiber by contract or otherwise.
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.
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.
Transferability and Assignment – USER shall not sell, transfer or assign this Agreement. USER’s account and right to use Bluegrass Fiber Services and system are not transferable without Bluegrass Fiber’s prior consent. USER agrees to protect its password and account and to keep them secure from unauthorized USERs and use, and to be solely responsible for the protection and security of USER’s password and account information.
Proprietary Rights – Bluegrass Fiber grants USER a non-exclusive, non-transferable license to use the products and Services provided hereunder. Title and property rights, including all intellectual property rights to such products and Services, is and shall remain with Bluegrass Fiber, whether or not they are embedded in any product. USER recognizes that the products and Services used hereunder constitute valuable trade secrets of Bluegrass Fiber and USER shall use their best efforts to protect and keep confidential any and all products and Services used by USER and shall not attempt to copy, examine, in any way alter, or reengineer, reverse engineer, tamper with, or otherwise misuse such products and Services.
Jurisdiction/Venue/Choice of Law – USER agrees that exclusive jurisdiction for any claim or dispute with Bluegrass Fiber or relating in any way to USER’s account or USER’s use of the Services resides in the courts of Kentucky and that this Agreement shall be governed by Kentucky law. USER expressly consents to the exercise of personal jurisdiction in the courts of Kentucky in connection with any such dispute. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement or compel performance thereof, the substantially prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
Amendments – Bluegrass Fiber may modify this Service Agreement from time to time, and USER’s continued use of the Service following notice of such modification shall be deemed to be USER’s acceptance of such modification. If USER does not agree to any modification of this Agreement, USER must immediately stop using the Service and notify Bluegrass Fiber of USER’s desire to cancel the Service.
Information – USER hereby acknowledges that Bluegrass Fiber and its affiliates may retain and use any information, comments or ideas conveyed by USER relating to the Service (including any products and services made available on the Service). This information may be used to provide USER with better service. Bluegrass Fiber may open and maintain a Customer file.
Entire Agreement – This Agreement, including the Service Inquiry and any and all other documents and Bluegrass Fiber policies referenced herein, constitutes the entire agreement between Bluegrass Fiber and USER pertaining to the subject matter hereof. Bluegrass Fiber’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Severability – In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealed judgment that any provision of this Agreement (or part thereof) is void, invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect.
USER represents and warrants to Bluegrass Fiber that USER is of lawful age to enter into this Agreement and that (i) USER has the full right, power and authority to enter into this Agreement and to perform the acts required of USER hereunder; and (ii) the acceptance of this Agreement by USER, and the performance by USER of its obligations and duties hereunder, do not and will not violate any agreement to which USER is a party or by which it is otherwise bound.
By using and accepting Service from Bluegrass Fiber, USER acknowledges that they have read and understand the terms and conditions of this Agreement and agrees to be legally bound by all of the terms and conditions of this Agreement and any associated documents, the same as if USER had physically signed this Agreement. This Agreement supersede all other written and oral communications or agreements with regard to the subject matter. Any waiver, modification or variation of any term or condition of this Agreement shall only be effective if in writing and/or in the form of a business contract signed by an authorized officer of Bluegrass Fiber.
By providing Bluegrass Fiber with USER’s telephone number, cell phone number(s), or email address, USER gives consent for Bluegrass Fiber, or any of Bluegrass Fiber’s agents (including collection agents), to contact USER at these numbers or email address, or any other phone number or email address that is later acquired for USER, and, to leave live or pre-recorded messages, text messages, or emails to the extent that such are necessary to enforce any part of this Agreement. For greater efficiency, emails may be delivered by an automated service.
BY USER’s USE AND ACCEPTANCE OF THE SERVICE, USER IS INDICATING THAT USER HAS READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Bluegrass Fiber’s Broadband Internet Acceptable Use Policy https://www.bluegrassfiber.com/legal
Bluegrass Fiber’s Open Internet Statement https://www.bluegrassfiber.com/legal
Soon Will Be updated