Warp Drive Terms and Conditions

SMART CITY®

WARP DRIVE® TERMS AND CONDITIONS

These Terms and Conditions along with the Service Order(s) referenced in Section 4 below and those policies found on the Smart City Telecom Website (www.smartcitytelecom.com )(the “Website”) which include, but may not be limited to the Internet Abuse, Acceptable Use and Privacy Policy, together constitute the legal and binding agreement (the “Agreement”) between the end-user (the “Customer”) and Smart City Telecommunications LLC d/b/a Smart City Telecom (“SCT”) for the use of Smart City® Warp Drive® high speed Internet access service and related features (the “Service” or “Services”). If for any reason Customer does not agree to the terms and conditions in the Agreement, then Customer should not register for or use the Service.

1. The Service.

SCT’s high speed Internet access service is a best effort service. The actual speed experienced by Customer may vary and depends on several factors including Customer’s location, Customer equipment, Customer’s network being properly engineered, destination on the Internet, traffic on the Internet, interference with Wi-Fi spectrum on the Customer’s wireless equipment, etc. No minimum level of speed is guaranteed. The Services provided are solely for Customer’s personal, residential use and Customer shall not use Services for any commercial purpose. SCT shall have the right to determine, in its sole discretion, what constitutes a “commercial” purpose.

2. Revisions.

By posting updated versions of the Agreement or any portions thereof on the Website or otherwise providing notice to Customer, SCT may modify the terms of the Agreement or any portions thereof and in such event shall use reasonable and customary efforts to notify Customer as to the revisions. However, Customer agrees to visit the Website periodically to be aware of and review for any such revisions and failure to receive notice does not serve as an exemption to the effects of any revisions. All such changes shall become effective 15 days after SCT’s posting of the revised terms on the Website regarding any Service used by Customer after the effective date of the revision. By continuing to use the Service after any revision is in effect, Customer accepts and agrees to the revision(s) and to adhere and abide by them.

3. Term.

The Agreement for the use of the Service shall become effective from the date the Service is actually installed and continues thereafter for the number of months (the “Service Term”) as indicated on the Service Order. In the event Customer’s account is past due for any undisputed amounts beyond 30 days from the due date, the Service Term will not be extended and/or the Agreement revised as the Customer may have requested and SCT has agreed to provide until such time as all undisputed past due amounts have been paid by Customer in full to SCT. The Agreement and Customer’s use of the Service may be terminated by either Customer or SCT at any time by providing 30 days prior written notice to the other or by SCT at any time with or without prior notice for Customer’s non-payment of the Service or some other Customer default of the Agreement. If Customer terminates the Agreement without cause during the Service Term, then Customer shall be required to pay all accrued but unpaid charges through the date of such early termination and a charge equal to the total number of months remaining in the Service Term or any renewal related thereto multiplied by the monthly recurring charges set forth in the Service Order (the “Early Termination Fee”). Notwithstanding the preceding, in the event that Customer moves out of Celebration, Florida at any time during the second year of the Service Term and as a result requests early termination of Service, Customer shall not be required to pay the then applicable Early Termination Fee if Customer’s voice and/or data Services account with SCT is otherwise current and not past due.If the Customer cancels the Service Order or this Agreement prior to the Services being installed b y SCT and/or the in-Service effective date, the Customer will be required to pay Cancellation Charges. The Cancellation Charges will include all unrecoverable costs associated with and incurred by SCT, up to and including the time of cancellation of, the provision of the specific Customer request for Services.

4. Service Rates and Charges.

The rates and charges for the Service shall be as set forth in the Service Order, a copy of which shall be provided to Customer. In order to view Customer’s current price plan, please contact SCT’s Customer Service department at (407) 827-6700.

Customer shall be invoiced monthly in advance on the first day of each month for usage of the Service and for any other services utilized by Customer or other users of Customer’s account during the billing period (including any applicable taxes, fees or surcharges), either directly by SCT or through Customer’s designated credit card company. If SCT does not receive payment on or before the payment due date set forth on the Customer’s invoice or bill for Service, a late payment charge of 1.5% may be applied to all charges past due until paid to SCT. Acceptance by SCT of late or partial payments (even if Customer’s payment is marked “Paid In Full”) and/or the acceptance of any late payment charges shall not constitute a waiver by SCT of collection of the full amount due and owing or any other rights allowable under the Agreement. Customer shall not be allowed to renew or make any changes to the Agreement until all undisputed past due amounts that are outstanding for more than 30 days from due date are paid in full. Customer may be required to reimburse SCT for collection fees, attorney fees, court costs, etc. that SCT incurs associated with the collection of undisputed and/or unpaid amounts billed to Customer by SCT. Customer waives the right to dispute any charge if Customer fails to provide SCT written notice of any disputed charges included in a billing within 30 days of the bill date. Those charges that are not disputed shall be payable when due. Charges under dispute shall be resolved in a mutually agreeable manner between Customer and SCT’s Customer Service department. Any disputed amounts found in favor of SCT shall be assessed the same late fee as mentioned above until payment is made in full by Customer. If Customer chooses to pay by credit card or debit card, Customer must provide SCT with a valid credit or debit card number and specified account information from a debit or credit card issuer. By providing such information, Customer authorizes the card issuer, bank or financial institution to charge or debit the corresponding account for all charges arising from the use of the Service(s). Customer hereby authorizes SCT on a monthly basis to automatically charge the credit card account or to deduct from the debit card account the payment of all sums due each month to SCT for use of the Service(s), as defined and agreed to by Customer at the time of purchase of the Service(s) and as reflected on the Service Order. Customer authorizes the card issuer to accept these charges or debits as valid under Customer’s card agreement. Customer agrees to notify SCT of any change to the credit or debit card information including, but not limited to, changes in account number, expiration date or billing address. Any payments made by Customer by credit or debit card will at all times be subject to the terms and conditions established by the credit or debit card issuer. SCT shall not be responsible for any charges made by the credit or debit card issuer, bank or financial institution to Customer’s credit or debit card account for exceeding the approved credit limit, having insufficient funds or any other reason as may be determined by the account issuer. SCT reserves the right to terminate Customer’s Service and Customer’s participation in this payment and billing plan without further notice for any abuses related to Customer’s card account including, but not limited to reversals of payments and/or insufficient funds.

5. Other Responsibilities of Customer.

Customer agrees to abide by the AUP. Customer agrees to be the only user of Customer’s account ID and password and that Customer will not transfer or disclose either the account ID or password to any other person (except that Customer may at Customer’s own risk and responsibility permit other family members or
known associates to access the Service using Customer’s account ID and password), and that Customer will be totally responsible for all usage and payment thereof for the Service and any other services accessed through the account whether or not authorized by Customer. If Customer deploys a wireless Access Point/Router, Customer agrees to password protect their Wi-Fi access and will not transfer or disclose either the SSID or password to any other person (except that Customer may at Customer’s own risk and responsibility permit other family members or known associates located within the household to access the Service using Customer’s SSID password), and that Customer will be responsible for all usage and payment thereof for the Service and any other services accessed through the account whether or not authorized by Customer. Customer agrees not to transmit or publish on or over the Service any information, software or other content which violates or infringes upon the rights of any others or to use the facilities and capabilities of the Service to conduct any business or activity or solicit the performance of any activity which is prohibited by law. Customer agrees to comply with all applicable laws, rules and regulations in connection with the Service. Customer acknowledges and is aware that certain content, services or locations of the Service or of other parties that may be accessible through the Service may contain material that is unsuitable for minors (persons under 18 years of age). Customer agrees to supervise usage of the Service by any minors who have been permitted by Customer to use the Service. SCT reserves the right to terminate Customer’s use of the Service in the event that Customer fails to comply with these requirements in connection with Customer’s and/or any Customer permitted user’s use of the Service.

  1. Equipment and Software. Any network facilities, Software, cabling or Equipment installed or provided by SCT will remain the property of SCT. Customer will acquire no ownership or other interest in the network facilities, cabling, Software or Equipment by virtue of payments made pursuant to this Agreement or by the attachment of any portion of the network facilities, cabling or Equipment to Customer’s residence or premises.
    1. Misuse of Equipment. Customer will not open, alter, misuse, or tamper with the Equipment. Customer will not remove Equipment from the location where Equipment was installed. Customer will not remove any markings or labels from the Equipment. Customer agrees to safeguard the Equipment from loss or damage of any kind, and (except for any self-installation procedures approved by SCT) will not permit anyone other than a SCT authorized representative to perform any work on the Equipment.
    2. Return of Equipment. If Customer’s Service is terminated or cancelled (for whatever reason), Customer agrees that Customer no longer has the right to keep or use the Equipment and Customer must promptly return the Equipment. The Equipment must be returned to SCT in the same condition as when received, ordinary wear and tear excepted. If Customer fails to return the Equipment, Customer will pay SCT the value of the Equipment and any expenses SCT incurs in retrieving the Equipment. Failure of SCT to remove the Equipment does not mean that SCT has abandoned the Equipment. SCT may continue to charge Customer a monthly Service fee until any remaining Equipment is returned, collected by SCT or fully paid for by Customer. Customer acknowledges that costs of repair or replacement are subject to change and other charges relating to the possession and use of the equipment may be increased at any time in accordance with applicable laws or regulations. Upon notice, Customers agree to pay such charges or return the equipment in good working order.
    3. Damaged or Lost Equipment. If the Equipment or facilities are damaged by the Customer or agent of Customer, destroyed, lost or stolen while in Customer’s possession, Customer is responsible for the cost of repair or replacement of the Equipment.
    4. Operation of Equipment. The Customer agrees to operate any Equipment in accordance with instructions of SCT or SCT’s agent. Failure to do so will relieve SCT of liability for interruption of Service and may make the Customer responsible for damage to Equipment.
    5. Tests and Inspections. Upon reasonable notification to the Customer, and at a reasonable time, SCT may make such tests and inspections as may be necessary to determine that the Customer is complying with the requirements set forth herein.
    6. Software. Customer agrees to comply with the terms and conditions of any Software license agreement provided with the Software. The Software shall be used solely in connection with the Services and Customer will not modify, disassemble, translate or reverse engineer, the Software. If Customer’s Service is terminated, Customer will promptly return or destroy all Software provided by SCT and any related written materials. SCT will have the right to upgrade, modify and enhance the Equipment and Software from time to time through “uploads.”
    7. Repair. SCT will repair and/or replace defective Software or Equipment provided such damage was not caused by misuse, neglect or other fault of Customer. SCT is not responsible for the operation, maintenance, service or repair of any Customer’s equipment, including, but not limited to, televisions, computer devices, network devices, remote controls or other consumer electronics, including any hardware or third party software, which may be connected to the Services (“Customer Equipment”).
  2. Access to Customer Premises. Customer grants SCT and its employees, representatives and/or agents the right to enter Customer’s premises and access Equipment, the wiring within Customer’s premises and Customer’s computer(s) to install, connect, inspect, maintain, repair, replace, disconnect, remove or alter the Equipment, check for signal leakage, or install or deliver SCT provided software (“Software”). Customer shall cooperate in providing such access upon request of SCT. If Customer is not the owner of the premises, Customer warrants that Customer has obtained the legal authority of the owner to authorize SCT personnel and/or its agents to enter the premises for the purposes described herein.

6. Data Management and Responsibility.

Customer is responsible for management of Customer’s information including but not limited to back-up and restoration of data, erasing data from disk space controlled by Customer. SCT is not responsible for the loss of any Customer data or for the back-up or restoration of Customer’s data regardless of whether this data is maintained on SCT’s servers or Customer’s computer or server.

7. Terms of Service Applicable Only to the Provision of High Speed Internet Access Services.

SCT will provide the Service to Customer on the terms and conditions set forth below. High Speed Internet Access is an electronic two-way online information and communication service of SCT (which may include proprietary products as well as Internet access). Such Service will be delivered over transmission facilities provided by SCT. In addition to all other relevant terms provided in this Agreement, a Customer who subscribes to one of SCT’s High Speed Internet Services, which may include internet access services, online video services, E-mail services, e- commerce, online content, features and other online services under the control of SCT or its affiliates understands and agrees that:

  1. Computer Equipment Requirement. A listing of the current minimum computer requirements is available by contacting SCT during regular business hours. The minimum requirements may change and SCT will make reasonable efforts to support previously acceptable configurations; however, Customer acknowledges that SCT is not obligated to continue to provide such support.
  2. Customer Premises Equipment. Customers may have the option of leasing a broadband router from SCT. SCT reserves the right to provide support only to users who have SCT-approved broadband routers. Customers are strongly urged to check with SCT Customer Support.
  3. Access Provided. The equipment provided by SCT (the “Equipment”) will allow Customers to access the Internet, online services and other information. Customer acknowledges that Customer may incur charges while using the Service in addition to those billed by SCT. Customer agrees and understands that all such charges, including all applicable taxes, are the sole responsibility of Customer.
  4. Relocating/Removing Equipment. Customer will not remove the Equipment from the Premises or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected by SCT’s installer. SCT may relocate the Equipment for Customer within the Premises at the Customer’s request. If Customer relocates to a new address, this Agreement shall automatically transfer and Customer will be required to enter into a revised Service Order and Agreement to initiate Service. In all cases, Customer shall notify SCT. Customer acknowledges that Customer may incur additional charges for any Equipment relocation.
  5. Prohibited Uses of the Service; Indemnity. Customer shall not use the Equipment or the Service directly or indirectly to:
    1. perform any activity deemed illegal;
    2. post, transmit, or disseminate content which violates any proprietary rights of SCT or any third party or is unlawful;
    3. post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, federal or international law, order or regulation;
    4. copy, distribute or sublicense any software provided by SCT;
    5. unlawfully promote or incite hatred;
    6. operate a business Web, http, FTP, e-mail, chat, nntp, game, Gateway or proxy server from home;
    7. invade another person’s privacy;
    8. upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright or other proprietary right, without obtaining permission of the owner;
    9. reference SCT (e.g., by including “Organization: Smart City Telecom” in the header or by listing an IP address that belongs to SCT) in the header of any unsolicited e-mails, even if that e-mail is not sent through SCT’s network;
    10. disrupt or attempt to disrupt SCT’s backbone network. Prohibited disruptions include, but are not limited to, sending unsolicited bulk or commercial e-mail messages (“spam”). Unsolicited e-mail may not direct the recipient to any web site or other resource which uses the SCT Service. In addition, “mail bombing,” the sending of numerous copies of the same or substantially similar messages or very large messages or files with the intent to disrupt a server or account, is prohibited;
    11. use the Equipment or Services in a way which is contrary to any other SCT policy that may be posted by SCT from time to time;
    12. service, alter, modify or tamper with any SCT-owned Equipment or Service or permit any other person to do the same that is not authorized by SCT; use an IP address or client ID not assigned to Customer;
    13. restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Equipment or the Service, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm or other harmful feature; or generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
    14. resell the Service or otherwise charge others to use the Service. The Service is for personal use only and Customer agrees not to use the Service for operation as an Internet Service Provider or for any other business enterprise; or
    15. breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software or data without the knowledge and consent of such person. The Equipment and the Service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. Use or distribution of tools designed for compromising security is also prohibited. Engaging in any of the activities listed above may result in immediate termination of this Agreement. In addition, SCT reserves the right to disconnect or reclassify as business or commercial grade any Customers found in violation of items 6 or 14 above. This Section shall not in any way limit SCT’s rights of termination pursuant to Section 10 of this Agreement.
  6. Network Integrity. SCT reserves the right to protect the integrity of its network and resources by any means it deems appropriate. This includes, but is not limited to: port blocking, e-mail virus scanning, denying e-mail access or transmission, and putting limits on bandwidth and e-mail usage.
  7. Bandwidth, Data Usage, and Other Limitations. Customer agrees to comply with SCT’s bandwidth, data usage, and other limitations of the High Speed Internet Service as established and modified by SCT from time to time. Customer agrees that its bandwidth usage activity will not improperly restrict, inhibit or degrade any other user’s use of the High Speed Internet Service, nor represent (in SCT’s sole judgment) an unusually large burden on the network. Customer also agrees that its activity will not restrict, inhibit, disrupt, degrade or impede SCT’s ability to deliver and track its High Speed Internet Service, backbone, network nodes and/or other network services.
  8. SCT’s Content Rights. SCT has neither liability nor obligation to;
    1. monitor the content on the Service and expressly disclaims any responsibility for any offense or injury arising out of the Customer’s access to or dissemination of such content. However, Customer acknowledges and agrees that SCT has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request to operate the Service properly, or to protect itself or its customer and subscribers. SCT reserves the right to refuse to post or to remove any information or materials that, in its sole discretion, are unacceptable, undesirable or in violation of this Agreement.
    2. assume responsibility for the content contained on the Internet or otherwise available through the Service. There may be some content on the Internet or otherwise available through the Service which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. All content accessed by Customer through the Service is accessed and used by Customer at Customer’s own risk, and SCT and each of their respective affiliates, subcontractors, employees and agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content by Customer. SCT specifically disclaims any responsibility for the accuracy, quality and confidentiality of information obtained through the Service.
  9. Customer Service. SCT expressly reserves the right to institute fees for providing certain customer support services if, at its sole discretion, it determines such fees are warranted. Customer acknowledges that SCT shall not be liable for any damage to Customer’s Equipment resulting from or arising in connection with its provision of technical service and support for the SCT Service, even if such damage results from the negligence of the SCT installer, technician or customer service representative.
  10. Back-Up Requirements. Customer acknowledges and represents that he/she understands that the installation, use, inspection, maintenance, repair and removal of the Equipment may result in service outages or potential damage to Customer’s computer. Customer therefore agrees to back-up all existing computer files by copying them to another storage medium prior to such activities involving the Equipment. Customer expressly releases SCT and each of their respective affiliates, subcontractors, employees and agents, from any liability whatsoever for any damage to or loss or destruction of any of Customer’s software, files, data or peripherals. Customer acknowledges that the sole responsibility for carrying out the back-up described in this Section 7.j. resides with Customer and that SCT bears no responsibility for insuring that Customer has performed such back-up.
  11. SCT Performance and Reliability Rights. Although SCT will make commercially reasonable efforts to deliver a high quality residential Internet access service, unless otherwise specified by SCT in writing, Customer is purchasing a residential data service with no performance or reliability warranty either expressed or implied. SCT reserves the right to manage its network for the greatest benefit of the greatest number of customers including, but not limited to the following: rate limiting, traffic prioritization, and protocol filtering. Customer expressly acknowledges and accepts that such action on the part of SCT may affect the performance of the Service. SCT reserves the right to enforce limits on specific features of the Service, including, but not limited to, data usage, data caps, e-mail, storage and webhosting maximums.
  12. Viruses. SCT may run third party virus check software on Customer’s computer prior to installing software on Customer’s computer. SCT does not represent, warrant or covenant that the virus check software will detect or correct any or all viruses. Moreover, if a virus is found, SCT may treat the virus using the third party virus check software, and this may result in damage to Customer’s software, files and data. Software or other content downloaded from the Service may contain viruses and it is Customer’s sole responsibility to take appropriate precautions to protect Customer’s computer from damage to its software, files and data. Neither SCT, nor any of its respective affiliates, subcontractors, employees or agents, shall have any liability whatsoever for any damage to or loss or destruction of any software, files or data resulting from any virus, lock, key, bomb, worm or other harmful feature.
  13. Multiple Users. Customer acknowledges that Customer is executing this Agreement on behalf of all persons who use the Equipment and/or Service through Customer’s computer. Customer shall have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. Customer further acknowledges and agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the Service and/or Equipment by Customer or by any other user of Customer’s computer.
  14. Enforcement of Policy and AUP. Customer authorizes SCT and its affiliates to cooperate with law enforcement authorities in the investigation or prosecution of criminal violations, and with system administrators at other Internet service providers or other network computing facilities to enforce this Agreement, the AUP and other applicable terms and conditions of the High Speed Internet Service. Such cooperation may include providing certain Customer identifying information to these parties.
  15. Tracking Devices and Viruses. Customer acknowledges that accessing certain websites through the High Speed Internet Service may result in “cookies” and other tracking devices to be entered in Customer’s computer equipment and stored on Customer’s browser. It is Customer’s responsibility to disable the entry of “cookies” or other tracking devices following procedures, if available, on Customer’s browser. Customer further acknowledges that using the High Speed Internet Service may result in harmful viruses being downloaded and stored on Customer’s computer. It is Customer’s responsibility to protect Customer’s computer and data from harmful viruses by installing firewall and other anti-virus software on Customer’s computer.

8. TERMS OF SERVICE APPLICABLE TO THE TELEPHONE SERVICES.

SCT shall provide the FTTH Telephone Service (“Phone Service”) as described in the Service Order to Customer at the current monthly recurring charge and in accordance with all applicable tariffs, regulatory fees and taxes.  Said charges may be change from time to time in accordance with regulatory tariffs. In addition, the Customer shall pay any applicable non-recurring, conversion and/or installation fees prior to the installation/activation of the Phone Service. In addition to all other relevant terms provided in this Agreement, a Customer who subscribes to the Phone Service understands and agrees to the following:

a. Phone Service Description

 SCT Phone Service is a residential enhanced voice communication service that converts voice communications into Internet Protocol (IP) packets that are carried over SCT’s IP network. This service is referred to as Voice over Internet Protocol or VoIP. This service includes direct-dialed calling with the option to add additional features at additional costs. All of which SCT, in its sole discretion, may add, modify, or delete from time to time. The Phone Service includes telephone number(s) that will be submitted to directory assistance databases that in turn may also be printed in directories.  Telephone number(s) may be omitted from directory assistance for an additional monthly fee. The Phone Service is not available for business use and will only work at the installed location.

When you accept these Terms of Service, you acknowledge your status as the account holder for each telephone number assigned to the Phone Service as well as all plans, features, and functionalities associated with each telephone number, whether those telephone numbers, plans, features, and functionalities are purchased initially or are added subsequently. These Terms of Service apply to all such telephone numbers, and to the Phone Service and the plans, features, and functionalities associated with the Phone Service.

b. Telephone Use Agreement:  

  1. Customer shall NOT use residential Phone Service as a business line or for business purposes.
  2. Customer shall use the Phone Service for lawful purposes only. Customer shall not transmit through the Phone Service any material (including any message or series of messages) that violates or infringes in any way upon the rights of others (including copyright), that is unlawful, threatening, abusive, obstructive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
  3. Advertising, reselling, reuse or any solicitation with respect to products or services is strictly prohibited without express written approval from SCT and a contract for payment of related fees.
  4. SCT reserves the right to refuse service to Customer
  5. SCT may block calls to certain numbers, cities, countries or central office exchanges, at their sole discretion.
  6. SCT shall not be liable for any damages, including usage charges Customer may incur as a result of the unauthorized use of Customer’s telephone facilities.
  7. Without limiting any of the foregoing provisions of this Agreement, the following are Additional Operating Policies and Conditions of Use for Customer:
    1. Use of the Phone Services provided in this Agreement must be in accordance with local and national law. Phone Services will be terminated or not provided if any law enforcement agency, acting within its jurisdiction, advises that such Phone Services are being used in violation of the law.
    2. Customer may not interfere with others use of the Phone Service.
    3. Customer may not use the Phone Service for non-standard residential or non- residential purposes, including but not limited to commercial or broadcast facsimile, resale, telemarketing, fax broadcasting or fax blasting, internet or other data connections and autodialing or for uses that result in excessive usage inconsistent with normal residential usage patterns.  In addition, connection of your SCT FTTH Phone service to a device which converts use of the Service to an outbound trunk line by more than one individual is prohibited. If SCT determines, in its sole discretion, that you are reselling or transferring SCT Phone service or that you are using SCT Phone service for any of the aforementioned activities, SCT reserves the right, without advance notice, immediately to terminate or modify the Service, or to change your call plan to a different offer on a prospective basis, and in addition, to assess additional charges for each month in which excessive usage occurred.  SCT may immediately suspend, restrict or cancel the Phone Service if used in this manner. Customer may also be moved to a rated per minute of use long distance plan and wherein the rates described in SCT’s corresponding tariff will apply to such use.
    4. Customer may not use the Phone Services in any manner that disrupts SCT’s system for other Customers, or which threatens to or actually causes damage to SCT’s system or is considered to be abuse of the system. Depending upon the extent of the abuse, Customer may receive warnings, or in some cases, have their account suspended. SCT reserve the right to monitor Customer’s actions when deemed necessary to troubleshoot connectivity problems or determine if there is an abuse of SCT’s telephone system.
    5. Phone Service is sold to a single Customer for use in a single household. Any attempt to resell or distribute service without the express written permission of SCT will result in immediate termination of service and possible criminal prosecution.
  8. Violations of the Customer Conduct, Operating Policies and Conditions of Use are unethical and in some cases may be unlawful. SCT has no practical ability to restrict conduct of others which violates these policies and conditions and cannot ensure prompt removal of content or immediate cessation of violate conduct. Accordingly, SCT expressly denies any liability to Customers or third parties for failure to enforce these policies and conditions.
  9. In its sole discretion, SCT may initiate an investigation and, in order to prevent further possible unauthorized activity, may suspend access to Phone Service to the individual Customer account in question. Confirmation of violations may result in cancellation of the individual Customer account and/or criminal prosecution.

c. Optional Battery Backup Service

SCT’s fiber to the home service includes an initial battery that is designed to protect the ONT and to avoid a disruption of home voice service during brief power outages.  To avoid a disruption of home voice service during a power outage and to maintain the ability to connect to e911 emergency services, you will need an optional backup battery solution.  SCT’s backup battery solution will provide up to 24 hours of standby time for your phone service.  Actual talk time will be limited. You, the Customer are responsible for regularly monitoring your battery backup to ensure that it is charged. Listen for audible tones coming from, or a change in display lights on your battery backup that may indicate you need a new battery backup. If you detect or suspect that there is a problem with your battery backup, please contact us immediately. For additional information, please see https://myaccount.smartcitytelecom.com/fiber/battery_backup.html

d. E911 Limitations

 You hereby acknowledge and agree to all of the information below regarding the limitations of e911 service over SCT FTTH phone service. You agree to advise all individuals who may place calls over SCT’s phone service of the 911 limitations described below.

SCT makes no warranty that SCT FTTH phone service for access to 911 will be uninterrupted, timely, secure, or error-free or battery backup power will be sufficient to maintain the service throughout any and/or all power outages.

e911 service over SCT FTTH phone service is only available at your service address, while connected to a properly powered ONT and after SCT phone has been activated.

911 service over SCT phone service will not function if your ONT fails or is not configured correctly or if your SCT phone service is interrupted or not functioning for any reason, including, but not limited to, in the event of a power outage network outage, broadband connection failure, or suspension of your service due to billing issues. You acknowledge that SCT strongly recommends you maintain at all times an alternative means of accessing 911 services, such as via cellular telephone service.

You acknowledge and understand that SCT will not be liable for any losses incurred directly or indirectly as a result of service outage and/or inability to dial e911 using your SCT phone service or inability to access emergency service personnel for any reason, including but not limited to the 911 characteristics and limitations set forth in this document and/or the characteristics, limitations, and/or failure of the 911 network itself.

Without limiting any provisions of the terms of service, you agree to defend, indemnify, and hold harmless SCT, its subsidiaries, affiliates, officers, agents, directors, employees, and any other service provider who furnishes services to you in connection with the SCT phone service, from any and all claims, losses (including loss of profits or revenue), liabilities, damages, fines, penalties, demands, actions, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of you or any third party or user of the SCT phone service, regardless of the nature of the claim, including without limitation claims related to 911 dialing, arising from or in connection with any failure or outage of SCT phone service or any failure or outage of the 911 network itself.

e. Other Device Compatibility

 SCT makes no warranty that (i) SCT FTTH phone service used as a communications pathway for monitored burglar alarms, monitored fire alarms, and/or medical monitoring systems or devices, will be uninterrupted, timely, secure, or error-free, (ii) the service will be compatible with any particular or all monitored burglar alarm(s), monitored fire alarm(s), or medical monitoring system(s) or device(s), or (iii) any battery backup power equipment you may purchase will be sufficient to maintain your SCT phone service throughout any and/or all power outages.

Monitored fire alarm and burglar alarm systems, medical monitoring systems, and other devices may not be compatible with SCT phone service.

If you have or purchase a monitored fire alarm or burglar alarm system, a medical monitoring system, or other device that you intend to use with SCT FTTH phone as the communications pathway, you agree to contact your provider for those systems/devices to determine compatibility with SCT phone service and to arrange for your provider to test such systems/devices after installation of SCT phone service. You also acknowledge and understand that even if such systems and devices are compatible with SCT phone service, they will not be able to communicate with monitoring stations if your ONT fails or is not configured correctly or if your SCT phone service is interrupted or not functioning for any reason, including, but not limited to, in the event of a power outage, network outage, broadband connection failure, or suspension of your service due to billing issues.

By accepting these terms of service, you use SCT phone service at your own risk and waive any claim against SCT for interference with or disruption of a monitored fire alarm or burglar alarm system, a medical monitoring device, or other such systems or devices due to the SCT phone service.

f. Suspension/Termination

 Service suspension may, and cancellation will, result in your loss of the number associated with the SCT Phone service. Suspension of SCT FTTH Phone service will not allow any dialing privileges while the service is suspended. SCT has no responsibility for retaining or delivering messages that are located in any voice mailbox at the time of the suspension or termination, or that are addressed to any main account holder or subaccount holder thereafter.

g. Local Number Portability 

In the event you are transferring an existing phone number for your SCT Phone service (i.e., porting a number to SCT Phone service), you hereby authorize SCT to process your order for SCT Phone and to notify your existing provider of your decision to switch your local, local toll, and long distance services to SCT Phone service, and you represent that you are authorized to take this action. Not all telephone numbers are eligible for porting to SCT Phone service.

h. Voicemail 

If your SCT FTTH Phone service includes Voicemail, a full-featured voicemail service. If you access your Voicemail voice mailbox from outside your local calling area, you may incur applicable local toll or long distance charges.

9. Limitation of Warranties and Liability; Disclaimer of Warranties.

CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT CUSTOMER’S SOLE RISK. NEITHER SCT NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES SCT OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OTHER THAN THOSE WARRANTIES (IF ANY) WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE AGREEMENT. NEITHER SCT NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY CUSTOMER OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICES, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL ALSO APPLY TO ALL CONTENT OR OTHER SERVICES AVAILABLE THROUGH THE SERVICES. CUSTOMER AGREES TO RELEASE AND HOLD HARMLESS SCT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICE (INCLUDING THOSE WITH WHOM SCT MAY CONTRACT TO OPERATE VARIOUS AREAS OF THE SERVICE).

10. Termination.

SCT may terminate this Agreement immediately at any time, without prior notice, if Customer fails to fully comply with the terms of this Agreement, its components or SCT’s AUP or for any other reason or no reason. If SCT terminates Service due to a violation of this Agreement or SCT’s policies, Customer may be subject to additional fees and charges, including disconnect and termination fees and SCT may also exercise other rights and remedies available under law. Following the termination of Customer’s High Speed Internet Service account for any reason, SCT is authorized to delete any files, programs, data, Domain Name Service (DNS) records, e-mail addresses and e- mail messages associated with such account. Such deletion may include Customer forfeiting his/her account user names, all e-mail, IP and web space addresses. Any incoming e-mail to Customer’s canceled account(s) will not be forwarded to another account. SCT shall have no liability whatsoever as the result of the loss or destruction of any information, data, names or addresses. In the event that the provision of Service(s) provided by SCT to Customer pursuant to this Agreement, or this Agreement itself, becomes economically unreasonable to SCT or is otherwise determined by SCT not to be in SCT’s best interest, SCT may terminate the Services or the Agreement upon 30 days prior written notice to Customer and in which case Customer shall have no liability hereunder for the remaining
Term of Service.

11. Remedies of User.

Customer’s sole and exclusive remedy for any failure or non-performance of the Services (including any associated materials supplied in connection with the Services) shall be for SCT to use commercially reasonable efforts to effectuate an adjustment or repair of the Services within 30 days of receipt of written notification by Customer of SCT’s failure to perform a material obligation under the Agreement.

12. Limitation of Liability.

The Agreement shall be governed by the laws of the State of Florida. In the event that any portion of the Agreement should be held that the limitation of liability or remedies available as set forth in the Agreement, or any portions thereof, are unenforceable for any reason, or that any of Customer’s remedies under the Agreement fail in their essential purpose, or that Customer’s remedies are not otherwise addressed in the Agreement in accordance with applicable law, Customer expressly agrees that under no circumstances shall SCT’s total liability to Customer or any party claiming by, through or under Customer for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including but not limited to claims of negligence, and claims arising from or related to repairs or support of the Services, in the aggregate, exceed the amount of charges paid by Customer for use of the Services under this Agreement during the 12 month period preceding the date such claim first arose. With respect to Customer claims, nothing in this Section 12 limits damages that are conclusively determined to be the direct result of SCT’s willful or intentional misconduct.

13. Indemnification by User.

Customer shall indemnify and hold harmless SCT and any of its underlying service providers, information providers, licensors, officers, directors, employees, affiliates or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorney’s fees, arising from or relating to Customer’s use of the Services, or any act, error, or omission of Customer or any user (permitted or otherwise) of Customer’s account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Services; or violation of any applicable law.

14. Use of Materials, Marks and Information.

  1. Customer may use, copy and distribute the materials found on the Services for internal, noncommercial, informational services only. All copies that Customer makes of the material must bear any copyright, trademark or other proprietary notice, which pertain to the material being copied. Except as authorized in this paragraph, Customer is not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by SCT, its affiliates and/or any third party owner of such rights.
  2. The SCT company names and logos and those of its affiliates, and all related product and service names, design marks and slogans are the property of SCT or its affiliates. Customer is not authorized to use any SCT or affiliate name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of SCT and/or its affiliates.
  3. Any feedback, data, answers; questions, comments, suggestions, ideas or the like, which Customer sends to SCT will be treated as being non-confidential and nonproprietary. SCT assumes no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. SCT will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services incorporating such information. Customer hereby authorizes SCT to also use Customer’s status as a subscriber to the Services for the purpose of marketing to Customer other SCT or SCT affiliates’ products and services.

15. Proprietary Rights.

Nothing contained in this Agreement may be construed to convey to Customer any interest, title or license in the user ID, email address, password, Universal Resource Locator, IP address, or domain name used by Customer in connection with the Services. The aforementioned may be altered or replaced by SCT at any time.

16. Endorsements.

All product and service marks contained on or associated with the Services that are not SCT or its affiliates marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply SCT’s endorsement, sponsorship or recommendation of any third party information, product(s) or service(s).

17. General.

The Agreement may not be assigned or transferred by the Customer. The Agreement is freely assignable by SCT to an affiliate or through acquisition or to a third party. These Terms and Conditions together with the Service Order and those policies found on the Website which include, but may not be limited to the Internet Abuse, Acceptable Use and Privacy Policy, together constitute the entire Agreement and understanding between the parties with respect to the subject matter hereof and supersedes and replaces any and all prior written or verbal agreements.