Legal

THIS ELECTRONIC DOCUMENT IS A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) AND DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH GREENLIGHT NETWORKS, LLC (“Greenlight” or “we”) WILL PROVIDE YOU (“you, “Customer” or “Subscriber”) WITH INTERNET SERVICE (“Service” or “Broadband Service”). BY USING OR PAYING FOR GREENLIGHT BROADBAND SERVICES, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.

THIS AGREEMENT REQUIRES THAT ANY DISPUTE BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN LAWSUITS, JURY TRIALS, OR CLASS ACTIONS, AS EXPLAINED MORE FULLY BELOW.

Financial Responsibilities

(a) You must pay in accordance with our billing practices for all Services you receive, whether authorized by you or someone else with access to the Services provided pursuant to your Greenlight account. The amount due will include any and all fees associated with those Services along with any installation charges and other applicable fees and taxes.

(b) Bills will be available each month via your Greenlight Networks Customer Portal. We will send required notices by email to the address you provided to us for your Greenlight account. You agree to pay recurring monthly service fees in advance of the month in which you will receive the Services. You authorize us to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. You must bring any billing errors to our attention within 30 days of the day you receive the bill or you will waive your right to a refund or credit.

(c) If a payment collection is denied due to insufficient funds or for any other reason, your bank or credit card issuer refuses to pay us amounts you have previously authorized us to charge to your account or if any portion of your bill is not otherwise paid by the due date, Greenlight may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the lesser of 1.5% per month, or the highest rate permitted by law. If Greenlight uses a collection agency or legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys’ fees. You confirm that such fees are reasonable in light of our costs in collecting past due amounts.

(d) If we suspend any of your Services for failure to pay amounts you owe us or for violating our Customer Agreements or Acceptable Use Policy, we may require that you pay us a fee for restoring your Service.

(e) We may verify your credit standing through credit reporting agencies.

(f) We are not required to notify you of offers we make available to others, or to lower your rates to equal those contained in such offers.

(g) Since tax and regulatory rules are subject to interpretation, we have complete discretion in deciding what fees, taxes and surcharges to collect from you. You waive a refund of any fees that we collect from you and pay to any government or agency. You can receive a list of the fees, taxes and surcharges we collect from: Greenlight Networks, LLC, 1777 E. Henrietta Road, Suite #120, Rochester, NY 14623.

(h) You cannot settle amounts you owe us by writing “paid in full” or any other message on your bill or check. (i) If you provide us with a credit or debit card for billing or deposit purposes and the issuer gives you a new card on the account with a different expiration date, you authorize us to update our records to reflect the new expiration date and to continue to use the account as before.

(j) If a third party sues Greenlight based on your use of our Services (for example, claiming theft or copyright violation based on something you posted on-line using our Broadband, you will indemnify us for any losses, including without limitation, reasonable attorneys’ fees, that we suffer.

(k) You acknowledge that you are eighteen (18) years of age or older and that you have the legal authority to enter into this Agreement.

Restrictions on Use

The Service is intended for personal use and others with whom you share your residence (including, within reason, guests who are visiting you). Unless Greenlight agrees in a separate agreement with you to the contrary, you may not resell, re-provision or rent the Service, (either for a fee or without charge) or allow third parties to use the Service via wired, wireless or other means. For example, you may not provide Internet access to third parties through a wired or wireless connection or use the Service to facilitate public Internet access (such as through a Wi-Fi hotspot), use it for high volume purposes, or engage in similar activities that constitute such use (commercial or non-commercial). Notwithstanding the foregoing, you may connect multiple computers/devices within a single home to your modem and/or router to access the Service, but only through a single Greenlight-issued IP address. You also may not use the Service to host any type of server. Violation of this section may result in suspension or termination of your Service.

Service Speed and Availability

(a) The Broadband Service speeds identified in Greenlight’s marketing materials and other communications with you reflect service capability speeds “up to” the noted speed and are not a speed guarantee.

(b) Actual speeds will vary and depend on a multitude of factors including but not limited to, destination and traffic on the Internet, interference, wiring inside your home, office or apartment, the capacity or performance of your computer or router, the server with which you are communicating, internal network factors, and the networks you and others are using when communicating.

(c) Service is not available in all areas.

(d) Installation options vary and charges may apply.

(e) In order to utilize Service, you must have a computer with sufficient Internet-compatible equipment and software.

Equipment and Security

(a) You will allow us to enter your premises to install, configure, maintain or replace Equipment and to make sure our Services are operating and being delivered properly to you and your neighbors. You confirm that you are authorized to grant the rights described in this paragraph. You also agree that any person present inside your premises may grant access and authorize us to perform installation services in and around your residence, and that such authorization will have the same effect as if you had authorized the installation services yourself. You also agree that we may use, and that you have the necessary permissions to approve Greenlight’s use of, existing facilities, including existing wiring in and around your residence, in performing the installation services.

(b) After we install or Equipment or wiring on your premises, you are responsible for any repairs or cosmetic corrections you wish to make. We have an obligation to make such repairs only if we performed our work negligently and your property was damaged as a result.

(c) We can make changes to Equipment and Software through downloads from our network or otherwise.

(d) You may not move our Equipment to any location other than the location where you initially received the Service. This is true even if you have moved to a new location and continue to pay us for the Service. You may not remove or alter our logos or other identifying information (for example, serial numbers) on the Equipment.

(e) You must return the Equipment to us in good condition when the Services are terminated and, if you fail to do so, we have your permission to retrieve the Equipment from your premises at your expense. You are responsible for applicable fees until we receive the Equipment. If we do not receive the Equipment within a reasonable amount of time after the Services are terminated, we are entitled to assume that you have lost the Equipment.

(f) All equipment provided by us or installed by or on our behalf remains the property of Greenlight.

(g) You must return all other equipment in the same condition as when provided, normal wear and use excepted, upon termination of Service. Failure to do so will result in a charge to be determined with reference to Greenlight’s then current schedule of equipment charges. You agree to pay such charge(s) whether such equipment is lost (through theft or otherwise) or destroyed.

(h) You are responsible for the security of your computer, hardware, software applications, data and files. Greenlight shall have no liability for any damage or loss to your computer, hardware, software applications, data and files. We make no representation or warranty that any software or content installed on your computer(s) or downloaded with the Service does not contain a virus or other harmful feature and it is your sole responsibility to take appropriate precautions to protect any computer or other hardware of yours from damage to its software, files or data as a result of any such virus or other harmful feature. You agree that you are solely responsible for maintaining the security of your computer(s) and data, including without limitation, encryption of data and protection of your personal and other data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE.

Limitation of Liability, Indemnification, and Disclaimer of Warranties

We will not be liable for interruptions in Services caused by failure of your hardware or software, failure of communications services, power outages, or other interruptions not within the complete control of Greenlight, including, but not limited to: acts of God; acts of the public enemy; acts of the United States, a state or other political subdivision; fire, floods or other natural disasters; accidents; wars; labor disputes or shortages; and inability to obtain material, power, equipment or transportation.

OUR LIABILITY REGARDING YOUR USE OF SERVICES OR EQUIPMENT, OR THE FAILURE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, IS LIMITED TO THE CHARGES TO US YOU INCUR FOR SERVICES DURING THE AFFECTED PERIOD. THIS MEANS WE ARE NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEY’S FEES.

GREENLIGHT MAKES NO REPRESENTATION OR WARRANTY REGARDING THE EQUIPMENT PROVIDED TO YOU OR THE SERVICES AND SPECIFICALLY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACTUAL SPPED OF THE BROADBAND SERVICES. GREENLIGHT FURTHER DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT. You agree that Greenlight will not be liable or responsible for any third-party claims or damages that arise from your use or another person’s use of the Service. Further, you agree to reimburse us for all costs and expenses related to the defense of any such claims, including attorney’s fees. This provision will continue to apply after this Agreement ends.

Termination

We may discontinue or terminate Service at any time, in our sole discretion, with or without reason, and may require you to pay certain fees for early termination in the event that we terminate Services for any of the following reasons:

(a) If you do not honor any provision of this Agreement (including payment obligations to Greenlight for these or any other services);

(b) If you use the Service in a manner that adversely affects service to other customers or harasses our customers or employees;

(c) If you or others use the Service to engage in fraud or unlawful conduct or are suspected of doing so; or

(d) Any regulatory agency, legislative body or court restricts or otherwise prevents Greenlight from furnishing the Service.

You may terminate the Services at any time, and in such event, you may also be required to pay certain fees for early termination. YOU MAY ALSO TERMINATE THE SERVICE WITHOUT PAYING FEES IF WE DO NOT REMEDY ANY ONGOING BREACH OF THE TERMS AND CONDITIONS IN THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER GREENLIGHT’S RECEIPT OF WRITTEN NOTICE FROM YOU OF SUCH BREACH, WHICH IS YOUR EXCLUSIVE REMEDY FOR A BREACH BY GREENLIGHT. This limitation of your remedies applies to, but is not limited to, any dispute related to or arising from (a) a term of this Agreement, or Greenlight’s interpretation, enforcement or application of this Agreement; (b) the information available on the Greenlight Website or any changes that are made to the Website; (c) your ability to access or use the Service; or (d) the amount or type of fees, taxes and or other charges made, or changes in such fees, taxes, or other charges. Should this limitation of your remedy be held to be invalid or unenforceable, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) years after such claim or cause of action arose or be forever barred.

Internet Acceptable Use Policy

You agree not to use or to allow others to use the Service, for illegal or inappropriate activities, including but not limited to invading another person’s privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content which is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable. You agree to comply with Greenlight’s Acceptable Use Policy (“AUP”), which Greenlight may modify at any time. The current AUP is available for review at the following address, subject to change: www.greenlightnetworks.com/legal. You are responsible for all activity on the Services provided to you by Greenlight, whether such activity is undertaken by you or someone else.

Dispute Resolution by Binding Arbitration

Greenlight encourages you to contact our Customer Service department if you have concerns or complaints about your Service or Greenlight. Generally, customer complaints can be satisfactorily resolved in this way. If you are not able to resolve your concerns through our Customer Service department, each of us agree to submit all disputes and claims between us including, but not limited to, all claims arising out of or relating to any aspect of our relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, that arose either before or during this or any prior Agreement, or that may arise after termination of this Agreement to binding arbitration or, if permitted, a small claims court, rather than lawsuits, jury trials, or class actions. Notwithstanding the foregoing agreement, Greenlight agrees that it will not use arbitration to initiate debt collection against you except in response to claims you have made in arbitration. In addition, by agreeing to resolve disputes pursuant to this provision, you and Greenlight agree to each unconditionally waive the right to a trial by jury or to participate in a class action, representative proceeding, or private attorney general action even if otherwise permitted under the AAA rules or your claim proceeds in court rather than through arbitration.

Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and individual relief affecting individual parties that a court can award, including an award of attorneys’ fees if the law allows.

Instead of arbitration, either party may bring an individual action in a small claims court for disputes or claims that are within the scope of the small claims court’s authority. In addition, you may bring any issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf.

The Federal Arbitration Act governs the interpretation and enforcement of this provision, even after the agreement is terminated. In person arbitrations will take place in Rochester, New York. In addition, the arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes or by separate mutual agreement by the rules of another arbitration institution (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA. No AAA Rule will apply if it conflicts with the provisions of this Agreement. In addition, notwithstanding any contrary provision in the AAA Rules, the arbitrator will be bound to apply legal principles and the laws that govern this Agreement, and does not have the power to award any relief that is not authorized by such laws. Procedure, rule and fee information is available from the AAA online at adr.org, by calling the AAA at 1-800-778-7879, or by calling Greenlight at (585) 351-6600.

The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Greenlight agrees to pay your AAA filing, administration, and arbitrator fees for claims for damages of up to $10,000 and for claims for non-monetary relief up to the value of $10,000, as measured from either your or Greenlight’s perspective. In addition, Greenlight will not pay your share of the AAA fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).

If Greenlight offers to settle your dispute prior to appointment of the arbitrator and you do not accept the offer, and the arbitrator awards you an amount of money that is more than Greenlight’s offer but less than $5,000, then Greenlight agrees to pay you double the arbitrator’s award up to, but not more than, $5,000. If Greenlight does not offer to settle your dispute prior to appointment of the arbitrator, and the arbitrator awards you an amount of money, then Greenlight agrees to pay you double the arbitrator’s award up to, but not more than, $5,000. If the arbitrator awards you more than $5,000 then we will pay you that amount. Although Greenlight may have a right to an award of attorneys’ fees and expenses if it prevails, Greenlight agrees that it will not seek such an award.

You may opt out of this Agreement’s arbitration provision. If you do so, neither you nor Greenlight can require the other to participate in an arbitration proceeding. To opt out, you must notify Greenlight in writing within 30 days of the date that you first became subject to this arbitration provision. You must use one of these addresses: Greenlight Networks, LLC, 1777 E. Henrietta Road, Suite #120, Rochester, NY 14623 or support@greenlightnetworks.com.

You must include your name, address and Greenlight account number, and a clear statement that you wish to opt out of this Agreement’s arbitration obligation.

You and Greenlight agree to seek only such relief—whether in the form of damages, an injunction, or other non-monetary relief—as is necessary to resolve any individual injury that either you or Greenlight have suffered or may suffer. In particular, if either you or Greenlight seek non-monetary relief, such relief must be individualized and may not affect individuals or entities other than you or Greenlight. You and Greenlight agree that we each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, representative, or private attorney general proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Further, an arbitrator’s award and any judgment confirming it shall apply only to that specific case and cannot be used in any other case except to enforce the award itself.

Notwithstanding any provision in this Agreement to the contrary, we agree that if Greenlight makes any change to this arbitration provision, you may reject that change and require Greenlight to adhere to the language in this provision. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

Consent to Phone and Email Contact and Electronic Notices and Communications

(a) We may call any number you provide to us for any purpose including marketing of our Services. This is true even if your numbers are included on state or federal “do not call” lists. However, if you ask to have your number placed on our “do not call” list, we will not call you at that number for marketing purposes. To have your number placed on our “do not call” list, contact us at support@greenlightnetworks.com.

(b) We may email or text you using any address you provide to us for any purpose, including marketing of our Services. You are responsible for any related charges (for example, charges for incoming text messages on your wireless phone). If you ask to have your address placed on our “do not email” list, we will not email or text marketing messages to you at that address. To have your address placed on our “do not email” list, contact us at support@greenlightnetworks.com.

(c) We may use automated dialing systems or artificial or recorded voices to call you.

(d) Greenlight may provide notices to you using any method we determine appropriate, including by electronic means (for example, email or online posting).

General Terms

(a) If any part of the Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force. No waiver of any breach of this Agreement will be deemed a waiver of any future breach.

(b) This agreement will be governed by the laws of the State of New York, without regard to its choice of law rules.

(c) This agreement shall not provide any third party with a remedy, claim or right of reimbursement.

(d) We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent.

(e) If you are using the Services in a location you do not own or control (such as an apartment or hotel), you may have agreements related to the Services with property owners, managers, or other third parties that are not included in this Agreement; Greenlight is not a party to such agreements and therefore is not responsible for nor bound by such agreements.

Our Right to Make Changes

UNLESS OTHERWISE PROHIBITED BY LAW, GREENLIGHT MAY CHANGE THE TERMS AND CONDITIONS OF YOUR SERVICE AT ANY TIME BY GIVING YOU 30 DAYS NOTICE BY BILL MESSAGE, E-MAIL OR OTHER NOTICE, INCLUDING POSTING NOTICE OF SUCH CHANGES ON THE GREENLIGHT WEBSITE. YOU ACCEPT THE CHANGES IF YOU PAY FOR OR USE THE SERVICES AFTER NOTICE IS PROVIDED.

Entire Agreement

This Agreement together with the service order and any specific agreement regarding a term commitment and price agreed upon by you and Greenlight are the entire agreement between you and Greenlight, which may only be amended as described above. This Agreement supersedes any inconsistent or additional promises made to you by any of our employees or agents. If you have signed (including electronically) an agreement with Greenlight including Service terms and conditions, in the event of a conflict between that agreement and this Agreement, the signed agreement shall control.