South Hadley Electric Light Department (doing business as “Fiberspring”) seeks to provide and foster an on-line community that can be used and enjoyed by all its telecommunications customers. By using and/or activating IP network or telecommunications connectivity services with Fiberspring (“Network Services” or “Services”) and/or clicking the accept button on the login/registration page, you agree to be bound by the terms and conditions set forth below. Further, you acknowledge that upon use of the Services, Fiberspring will rely upon and commence processing your order and will incur expenses and obligations immediately, for which you acknowledge your obligation to comply with this agreement.
1. The Customer agrees to pay Fiberspring, in full and on a timely basis, the applicable charge associated with the Network Services requested by you, as set forth on Fiberspring’s web site. Fiberspring reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Agreement, and Customer agrees to be bound by any such modifications as a consequence of Customer’s continued use of Services. Fiberspring may cancel the Service in the event of Customer nonpayment or violation of this Agreement. Fiberspring may modify the Services at any time, including but not limited to upgrades and downgrades, with thirty (30) days prior written notice to you of such change to occur. Fiberspring may impose limits on Services or restrict the Customer’s access to parts or all of the Service without notice or liability. Any notice of such changes will be posted on the Fiberspring Web site located at www.fiberspring.com.
2. All customers of Fiberspring are provided at no additional cost our Standard Service Level Agreement that includes 24-hour access to Fiberspring technical support. The Standard Service Level Agreement provides problem resolution response on a first‐come, first-served, best-effort basis, and does not provide for service guarantees. Off‐net support is available at the applicable rate.
3. Any and all customer premises equipment provided by Fiberspring to the Customer that is used to deliver the Services must be returned to Fiberspring undamaged, upon the expiration or termination of the Agreement, at: 85 Main Street, South Hadley, MA 01075. The Customer agrees to provide to Fiberspring the full replacement cost of such equipment, if the Customer fails to return such equipment at the end of the term of this Agreement in the identical condition as initially provided to the Customer, commercially reasonable wear and tear excepted. The Customer has the sole responsibility to adequately protect the equipment against power surges and all other potential damage and harm, exclusive of customary wear and tear associated with its assigned use. Any and all such damage to the equipment that results from the Customer’s failure to provide such protection shall be the Customer’s sole responsibility.
4. The Customer agrees to pay all charges billed by Fiberspring on a monthly basis, throughout the Term (as defined below) (the “Monthly Recurring Charges”). The Customer agrees and acknowledges that Fiberspring shall not be liable if, during the order and installation process, it is determined that Service cannot be provided to Customer or that it is commercially impracticable to do so. In addition, in the event that Fiberspring incurs additional cost over and above usual and customary charges to provide Service to the Customer, which may include but not be limited to extended wiring charges, alternative business hour service installation charges, or emergency service repair charges, the Customer shall be responsible for any and all such charges.
5. The Customer agrees that the electric bill for the requested service location is to be paid in full before SHELD will connect Customer to the Fiberspring system.
6. Fiberspring services terminated for non-payment will be restored within 48 business-hours upon the following conditions:
7. Fiberspring offers two seasonal disconnect options for customers who will be away for between 3 and 6 months. For customers who do not have phone service or do not wish to keep their phone number there is no charge. Upon their return, the customer should provide Fiberspring with 48-hour notice to reconnect service.
For customers who have Fiberspring phone service and wish to keep their phone number, Fiberspring will provide a soft disconnect of services while reserving your phone number during this period. A fee of $5.95 (subject to change based on services and taxes) per month will be billed to the account at reactivation. Upon their return, the customer should provide Fiberspring with 48-hour notice to reconnect service at no charge. Regular monthly internet and phone service fees will begin upon activation.
8. The Customer agrees that Fiberspring’s network and its Services may be used only for lawful purposes. Fiberspring is not responsible for the content of any websites linked to, accessed or accessible by the Services; links are provided as Internet navigation tools only. Users may not use the network or Services to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, (c) that is obscene, threatening, abusive or hateful or contains a virus, worm, Trojan horse, or other harmful component; or (d) that contains fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive or misleading statements, claims or representations.
9. The Customer agrees that renting, selling, or otherwise transferring the Service for the benefit of a third party is strictly prohibited by this Agreement and violates applicable law.
10. The Term begins upon activation of Customer’s Services (the “Activation Date”) and expires upon forty‐eight (48) hour notice from the Customer. All notices must be sent to Fiberspring on Customer letterhead, by one of the listed contacts on the current Customer Information form on file, ATTN: Fiberspring Telecommunications, 85 Main Street, South Hadley, MA 01075.
11. Fiberspring will invoice the Customer on a monthly basis for Network Services and any applicable equipment charges. The Customer agrees that any failure to pay for Services thirty (30) days after the invoice date may subject the Customer to: (a) a 1.5% late fee charged per month or the maximum rate permitted by law, on the outstanding balance. (b) charges for any Fiberspring equipment replacement costs, if applicable; and (c) the termination of Services. The Customer is required to provide Fiberspring with updated and current phone numbers, email addresses, fax numbers, mailing addresses, and other contact information at all times during the Term. The Customer agrees to assume all costs and expenses incurred by Fiberspring in connection with collecting unpaid amounts due, including, but not limited to, reasonable attorneys’ fees and court costs incurred in the course of such collection. Returned checks shall incur a $25.00 returned check fee. Fiberspring may, in its sole discretion, consider successive returned checks as failure to pay.
12. In the event the Customer selects and is approved for the credit card payment option, the Customer expressly authorizes Fiberspring to charge the Customer’s credit card account for outstanding account balances and any future Monthly Recurring Charges that accrue. This authorization remains valid until the Customer provides written notice to Fiberspring terminating Services or Fiberspring’s authorization. Fiberspring may terminate Services for declined credit cards, returned checks, or any other non‐payment to the Customer’s account. The Customer electing the credit card option is required to provide Fiberspring with updated and current credit card information at all times during the Term. Services terminated for non-payment are subject to an administrative fee prior to reconnection of service.
13. The Customer acknowledges and agrees that Fiberspring has the right to engage in the collection and storing of certain personal and business data concerning the customer (“Customer Data”). This data (i) will be used by Fiberspring and/or its service delivery partners and contractors to provide Services, (ii) will be treated as confidential, and (iii) will not be used other than in the normal course of Fiberspring business. Fiberspring may release Customer Data to third parties outside the normal course of Fiberspring business only to comply with valid legal requirements. The Customer may request the return of any personal and business data stored by Fiberspring by providing a written request within thirty (30) days after the expiration or termination of the Agreement (“Data Retrieval”). In the event the Customer requests Fiberspring’s assistance with respect to Data Retrieval, the Customer agrees to pay Fiberspring its customary fee.
14. Equipment, hardware, and software not provided and owned by Fiberspring are the sole and exclusive responsibility of Customer. It is understood and agreed that when Fiberspring provides equipment, Fiberspring acts solely as a reseller and all failures and/or disputes concerning the operation of such equipment will be governed by the manufacturer’s warranty(s) and policies, and are not the obligation or responsibility of Fiberspring unless otherwise stated in the Customer’s Service Agreement with Fiberspring.
15. Fiberspring grants the Customer a non‐transferable, non‐exclusive, and terminable right and license to use the applications and software necessary for the delivery and receipt of Services, if any, provided that Customer or any third party on behalf of the Customer does not copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the applications or any part thereof or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the applications. The Customer agrees not to modify the applications in any manner or form. “Fiberspring,” the Fiberspring logo, and other Fiberspring trademarks, service marks, logos, and product and service names are trademarks of Fiberspring (the “Fiberspring Marks”). The Customer and its employees, agents, contractors, and/or representatives agree not to display or use the Fiberspring Marks in any manner without Fiberspring’s express prior written permission.
16. The Customer hereby grants Fiberspring the right to disclose that it is a Customer of Fiberspring and the right to display the Customer’s logo on Fiberspring materials including, but not limited to, Fiberspring’s Web site and literature. In the event Fiberspring decides to use one or all of the Customer’s logos, Fiberspring shall adhere to the Customer’s specifications for use of such logo that the Customer has provided to Fiberspring. Fiberspring shall not acquire any other rights to the Customer’s intellectual property including, but not limited to, trade names, trademarks, product name, logo, case studies, and customer testimonials. The Customer may deny Fiberspring the use of such intellectual property by providing written notice of such a decision on the Customer’s company letterhead. Fiberspring hereby grants the Customer the right to display the Fiberspring logo on the Customer’s materials including, but not limited to, the Customer’s Web site and literature to publicize that Fiberspring is a provider of Services to the Customer.
17. The Agreement represents the entire agreement between the Customer and Fiberspring with respect to the Services provided, superseding all previous communications or agreements regarding such subject matter. These Terms and Conditions are subject to revision by Fiberspring in its sole discretion. Notice of modification may be provided through an update of the Fiberspring web page, and Customer’s continued use of Services following the date of revision shall be considered the Customer’s acceptance of the change(s).
18. The Customer understands and acknowledges that Fiberspring is not liable for any indirect, incidental, special, punitive, or consequential damages; lost profits, loss of data, loss of hardware or software, loss or liability resulting from computer viruses, Service defects, Service interruption or security insufficiency arising out of or related to this Agreement, the performance or breach thereof; the Services provided or failure to be provided; or any delay, non‐delivery, wrong delivery, or Service Interruption whether or not caused by the acts or negligence of Fiberspring or their agents, employees, contractors or any party, even if the party has been advised of the possibility thereof.
19. The Customer’s correspondence or business dealings with, or participation in promotions of, content providers, advertisers, or sellers of goods and services found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between the Customer and such entity. The Customer agrees that Fiberspring shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, content providers, or sellers in connection with the Services.
20. The Customer shall indemnify, defend with Fiberspring counsel, and hold Fiberspring harmless from any and all claims resulting or alleged to result from: (a) The Customer’s use of the connection provided by Fiberspring and/or any service equipment or software provided by Fiberspring; (b) fault, negligence, or failure of the Customer to perform the Customer’s responsibilities hereunder; (c) claims against the Customer by any other party; (d) any act or omission of Fiberspring and any party furnishing services and/or products hereunder; or (e) the installation and/or removal of any and all equipment supplied by any person, including, but not limited to, Fiberspring.
21. South Hadley Electric Light Department (SHELD) has sole discretion for determining the final location of the overhead and/or buried fiber optic service line to and within the premise and may at times require scheduled access to this property for the purpose of maintenance and service. Fiberspring acknowledges that damage to customer property solely attributable to the on-site installation and maintenance of this fiber service shall be repaired to preexisting condition. Installation of the Fiberspring service may involve modifications to a rental property. While these modifications are often minor, standard professional installation may include drilling holes to run fiber optic cable and attach equipment securely to the premise. The Customer attests that these required modifications are authorized by the landlord, or its authorized representative. Customer indemnifies, holds harmless and defends with Fiberspring counsel relating to any liability related to damages your landlord may claim as a violation of your lease/rental agreement.
22. Fiberspring shall not be liable to the Customer under this Agreement for any failure or delay in performance that is due to causes beyond its reasonable control and without its fault or negligence including, but not limited to, acts of nature, acts of civil or military authority, governmental actions, fires, civil disturbances, interruptions of power, or transportation problems. Fiberspring shall also not be liable for any delay or performance failure caused by the Customer’s failure to perform any of its obligations under this Agreement.
23. This Agreement shall be governed under the laws of the Commonwealth of Massachusetts, and to the extent applicable, federal law, without regard to choice of law principles. The Customer and Fiberspring hereby agree that the state courts of the Commonwealth of Massachusetts in Hampshire County shall determine any dispute relating to or arising out of this Agreement.
24. THE CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT FIBERSPRING IS NOT LIABLE FOR ANY DAMAGES RESULTING FROM ANY FAILURE OR DELAY DURING INSTALLATION AND PROVIDING SERVICES. FIBERSPRING MAKES NO GUARANTEES OR PROMISES WITH REGARD TO THE EXACT DATE OF THE COMPLETE INSTALLATION AND OPERATIONAL STATUS OF THE CUSTOMER. FIBERSPRING AND CUSTOMER HEREBY WAIVE ALL RIGHTS TO TRIAL BY A JURY.
25. SERVICES PROVIDED BY FIBERSPRING ARE “AS IS.” FIBERSPRING MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON‐INFRINGEMENT, OR ANY WARRANTY REGARDING THE RELIABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF ITS SERVICES. FIBERSPRING ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THEIR SERVICES AND DOCUMENTS ASSOCIATED WITH SERVICES BY REFERENCE OR LINKS. REFERENCES TO THIRD PARTIES, THEIR SERVICES, AND THEIR PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FIBERSPRING SERVICES AND DOCUMENTS ASSOCIATED WITH SERVICES COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.
26. FIBERSPRING RESERVES THE RIGHT TO CHANGE THE ACCEPTABLE USE POLICY AT ANY TIME WITHOUT PRIOR NOTICE. IN THE EVENT THAT ANY CHANGES ARE MADE, THE REVISED TERMS AND CONDITIONS SHALL BE POSTED ON THIS WEBSITE. PLEASE CHECK THE LATEST INFORMATION POSTED HEREIN TO INFORM YOURSELF OF ANY CHANGE.
REVISED FEBRUARY 2019