TERMS OF SERVICE

This Service Agreement ("Agreement") states the terms and conditions under which Lightwave Communications, LLC and its subsidiaries (collectively "We" "Us" or "Lightwave") will provide the Service to a subscriber ("You" or "Customer"). By using the Service, Customer agrees to be bound by the terms of this Agreement and the Acceptable Use Policy ("AUP") as each may be amended from time to time.

Customer hereby engages Lightwave for the use of high speed internet network services 

Lightwave hereby agrees to provide Customer with such services in exchange for compensation described herein under "Customer Payment Obligation".

1. General Subscriber Responsibilities and Warranties

1.1 Customer warrants that he or she is at least 18 years of age.

1.2 Customer agrees that the subscription is personal to Customer and agrees not to assign, transfer, resell or sublicense Customer’s rights as a subscriber unless specifically allowed by this Agreement. The Service shall be used only by Customer and by members of Customer’s immediate household living with Customer at the same address. Customer acknowledges that Customer is executing this Agreement on behalf of all persons who use the Lightwave Service by means of the Customer Equipment. Customer agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from Customer’s use of the Service or by another using the Customer’s computer. 

1.3 Customer shall be responsible for procuring and installing patches, any and all anti-virus and firewall software/ hardware and operating system patches, up-dates, or supplements that may be necessary for (i) the protection and maximum functionality of Customer’s computer and related equipment and (ii) the protection of Lightwave's network and other customers. For purposes of clarification, Lightwave hereby disclaims any and all responsibility and liability for any damages that may arise from Customer’s failure to procure or install the aforementioned security software and /or hardware.

1.4 Lightwave requires Customer to comply with the terms of Lightwave’s Acceptable Use Policy (“AUP”). A copy of that Acceptable Use Policy can be found on Lightwave’s website at Acceptable Use Policy and is incorporated into this Agreement by reference. Please review the AUP regularly as Lightwave updates and amends that policy.

1.5 Security: Customer acknowledges and agrees that when using the Service to access the Internet or any other online network or service, there are certain risks that may enable other Internet users to gain access to or use of Customer’s equipment. Customer is responsible for taking and should take all appropriate security measures when using the Service.

2. Customer Payment Obligations

2.1 Service Fees: Lightwave will bill Customer a standard monthly fee for the Service. Customer agrees to pay the bill by its due date and to be responsible for any and all charges, damages and costs that Customer or anyone using Customer’s account incurs. Lightwave may also charge a support maintenance fee for technical support services related to the Service. Customer must notify Lightwave of any billing errors or other requests for refund within thirty (30) days of the date on which the error occurred.

2.2 Installation Fees: Lightwave may charge Customer a one-time installation fee. Customer shall not be eligible to receive the applicable Service feature unless Customer pays any applicable installation fee.

2.3 Reconnection fees, Late Fees, NSF Fees, Collection Expenses and Termination for Unpaid Balances: If Customer’s payments are not current, Lightwave may impose a 1.5% late fee and/or a reconnect fee and the Service may be disconnected without notice. Lightwave may charge an insufficient funds fee (NSF Fee) of $25 or to the extent permissible under applicable law for all returned checks and bankcard/credit card charge backs. The Customer must replace/pay the returned check or declined card amount (plus applicable NSF Fee), and in any event, the Customer acknowledges and agrees that Lightwave has the right to present to Customer’s banking institution for payment via electronic funds transfer, any returned check or declined card amount and the applicable NSF Fee. Customer will also be liable to pay Lightwave for all attorneys’ fees, collection fees or other expenses arising from efforts to collect any unpaid balances on Customer’s account.

2.4 Payment by Credit Card, Debit Card or ACH Transfer: If Customer has elected to be billed by credit card, debit card or ACH transfer, Customer agrees that he/she will automatically be billed each month for any amounts due under this Agreement. If Customer makes payment by check, Customer authorizes Lightwave and its agents to collect this item electronically.

3. Disclaimer of Warranties and Limitation of Liability

3.1 No Warranty: CUSTOMER AGREES THAT CUSTOMER USES THE SERVICE AND ANY SOFTWARE AND EQUIPMENT SUPPLIED BY LIGHTWAVE AT CUSTOMER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS-IS BASIS"  WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. LIGHTWAVE DOES NOT WARRANT UNINTERRUPTED USE OF SERVICE. LIGHTWAVE DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED. LIGHTWAVE DOES NOT WARRANT THAT ANY DATA OR FILES CUSTOMER 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 CUSTOMER’S COMPUTER. THIS INCLUDES, BUT IS NOT LIMITED TO, INCIDENTS OF FILE SHARING, PRINT SHARING OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO CUSTOMER’S EQUIPMENT OR TO MONITOR CUSTOMER’S ACTIVITY AND CONDUCT WHILE USING THE SERVICE.

CUSTOMER UNDERSTANDS AND AGREES THAT LIGHTWAVE DOES NOT GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE LIGHTWAVE NETWORK OR THAT ANY SPEED OR THROUGHPUT OF CUSTOMER’S CONNECTION TO THE LIGHTWAVE NETWORK WILL BE AVAILABLE TO CUSTOMER. Customer understands and agrees that the speed of the Service provided at Customer’s site will vary depending upon a number of factors, including Customer’s computer system(s) and associated equipment, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Lightwaves's control, and system failures, modifications, upgrades and repairs.

3.2 Limitation of Liability: IN NO EVENT SHALL LIGHTWAVE BE LIABLE FOR ANY BREACH OF WARRANTY, DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, LOST PROFITS, OR PUNITIVE DAMAGES WITH REGARD TO THE INSTALLATION, OUTAGE, MAINTENANCE, USE, FAILURE OR REMOVAL OF THE SERVICE, EVEN IF DAMAGE RESULTS FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF LIGHTWAVE, ITS EMPLOYEES OR AGENTS.

CUSTOMER ACKNOWLEDGES AND AGREES THAT LIGHTWAVE HAS SET ITS PRICING FOR THE SERVICE AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. CUSTOMER UNDERSTANDS AND AGREES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS IN THE AGREEMENT WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

3.3 Right of Entry and Damage to Customer’s Home or Business Computer During Installation: Customer agrees to permit Lightwave to enter Customer’s home and property at reasonable times to install, connect, repair or inspect the equipment used to provide the Service. If Customer is not the owner of the premises upon which the Service is to be installed or serviced, Customer represents and warrants that Customer has obtained the consent of the owner of the premises for Lightwave personnel and/or its agents to enter the premises for the purposes described above. Lightwave will not enter Customer’s home to install or repair Customer’s Service unless an adult is present in Customer’s home at the time of the service call. Customer authorizes any other adult resident or guest at Customer’s residence to grant Lightwave access to Customer’s premises, if Customer is not at home when Lightwave makes a service visit. Customer acknowledges and agrees that installation or repair of the Service may require Lightwave personnel and/or its agents to open Customer’s computer. Lightwave neither represents, warrants, nor covenants that such modifications will not disrupt the normal operation of Customer’s computer. Lightwave shall not be liable for any damage, loss or destruction to Customer’s home or Customer’s computer equipment whatsoever during installation or repair, including but not limited to any damage to, or loss or destruction of, any hardware, software, files or data. Lightwave is also not responsible for returning Customer’s computer to its original configuration. If Customer is not the owner of the premises, Customer shall indemnify and hold Lightwave harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.

3.4 Force Majeure: Customer agrees that Lightwave will not be liable for any inconvenience, loss, liability or damage resulting from any failure or interruption of service, directly or indirectly caused by circumstances beyond its control, including but not limited labor disputes, acts of war, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of the Service.

3.5 Network Security and Management: Customer agrees that Lightwave may block traffic to and from any source as it deems necessary to secure its network and/or eliminate spam. Lightwave may take other actions, in its sole discretion, to manage or protect its network or to benefit the greatest number of its subscribers, including, but not limited to, traffic prioritization and protocol filtering, and in some instances, suspend or terminate access by Customer to the network. Lightwave may take these actions, with or without notice, in situations where Lightwave believes, in its sole discretion, that Customer may harm the Lightwave network or disrupt the performance of the Service for other users or where Customer is transmitting or is otherwise connected with what Lightwave considers in its sole discretion to be spam. 

4. Customer Premises Equipment

4.1 The Customers Premises Equipment hereinafter referred to as as CPE is defined as any equipment Lightwave has provided to the Customer to enable the Customer to have access to Lightwave’s Network.

4.2 CPE remains the full property of Lightwave and ensures Lightwave the option of repossession of equipment after services have been terminated or in the event of a breach in contract. If Customer will not allow Lightwave to retrieve CPE from their property Lightwave has the right to charge for greater retail price plus applicable taxes on all CPE. Lightwave reserves the option to leave equipment on the premises after service termination at Lightwave’s own discretion. Customers that have purchased CPE agree to give Lightwave full access to the CPE at all times.

5. Termination of the Service

5.1 Customer’s Right to Terminate the Service: Customer may terminate the Service at any time by calling Customer’s local customer service department. Email submissions to Lightwave shall not constitute effective notice. Upon termination, Customer agrees to pay any outstanding account balance and will be subject to a termination fee to Lightwave within ten (10) days of termination of account. IF CUSTOMER CANCELS THE SERVICE FOR ANY REASON, LIGHTWAVE WILL NOT BE REQUIRED TO REFUND TO CUSTOMER ANY PORTION OF THE MONTHLY CHARGES PAID BY CUSTOMER FOR THE MONTH IN WHICH CANCELLATION OCCURS.

5.2 Lightwave's Right to Suspend/Terminate the Service: The Service and all Service features are subject to availability on an ongoing basis. Customer understands that Lightwave may cease to offer the Service or any Service feature at any time for any reason. Lightwave may suspend, disconnect and/or terminate the Service at any time without prior notice if Lightwave believes in its sole discretion that Customer has:

    (a) Failed to pay Customer's bill when due;

    (b)Threatened or harassed any Lightwave employee or contractor

    (c)Violated the Acceptable use policy

    (d)Violated any other provision of this Service Agreement.

    If Customer is disconnected for any reason and/or service is suspended in accordance with this agreement, Customer may be charged a reasonable disconnection and/or a reconnection fee 

5.3 Rights Upon Termination: In the event that Customer’s account is suspended, disconnected, and/or terminated, no refund, including any fees Customer paid to Lightwave, will be granted. Customer agrees that Lightwave has no obligation to visit Customer’s home upon termination to reconfigure Customer’s computer.

6.Miscellaneous

6.1 Severability: If any term, covenant, condition or portion of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, shall not be affected and each remaining term, covenant or condition shall be valid and enforceable to the fullest extent permitted by law.

6.2 Governing Law: The Terms of service shall be governed by the laws in the State of Missouri and any applicable Federal law.

6.3 Changes to the Agreement: Lightwave may change, amend, alter, or modify this Agreement at any time. Lightwave may notify Customer of any change either by posting that change on Lightwave's website (www.Lightwavemo.com), by sending Customer an e-mail. If Customer continues to use the Service after such notice has been made of a change, Customer agrees that such continued use shall be deemed to be Customer’s acceptance of those changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement that may have been included in any software or related materials provided by Lightwave. This Agreement should be read in conjunction with Lightwave’s AUP and all other applicable policies.

6.4 Lightwave has no obligation to monitor content. However, Customer agrees that Lightwave has the right to monitor the Service (including but not limited to, content and Customer equipment as it may affect the Service from time to time) in accordance with this Agreement, the AUP and its Internet Service Privacy Statement.

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