Greenlight Networks Service Terms and Conditions
Last Updated: October 1, 2023
BY SUBSCRIBING TO, USING, OR PAYING FOR GREENLIGHT NETWORKS’ SERVICES, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICES AND CONTACT US IMMEDIATELY TO TERMINATE THEM.
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.
1. Financial Responsibility
1.1 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 Networks 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.
1.2 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 Networks account.
1.3 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 charge and collect payments of any and all fees associated with your use of the Services to/from your designated payment method. Automatic charges will continue until your Service is cancelled. 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.
1.4 To cancel your Services, please contact our customer support team at any of the customer support telephone numbers provided on greenlightnetworks.com or by email at firstname.lastname@example.org.
1.5 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 Networks may charge you a late fee on unpaid balances, an NSF fee for any returned payment, and may also terminate or suspend your Service without notice. The late fee will be the lesser of 1.5% of the amount past due or of the denied payment per month, or the highest rate permitted by law. If Greenlight Networks 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.
1.6 If we suspend any of your Services for failure to pay amounts you owe us or for violating this Agreement or the Acceptable Use Policy, we may require that you pay us a fee for restoring your Service.
1.7 We may, in our sole discretion, verify your credit standing through credit reporting agencies.
1.8 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.
1.9 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.
1.10 You cannot settle amounts you owe us by writing “paid in full” or any other message on your bill, check, or any other document.
1.11 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.
2. Restrictions on Use
2.1 If you are a residential customer, the Services are intended for your personal use and the use of others with whom you share your residence (including, within reason, guests who are visiting you). If you are a business customer, the Services are intended only for use by your business, employees, and customers.
2.2 Unless Greenlight Networks agrees in a separate agreement with you to the contrary, you may not resell, re-provision or rent the Services (either for a fee or without charge) or allow third parties to use the Services 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 Services 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 Services, but only through a single Greenlight Networks-issued IP address.
2.3 You may not use the Services to host any type of server.
2.4 Your use of the Services and the use of the Services by your household members, invited guests, employees, and customers is, at all times, subject to the terms of Greenlight Networks’ Acceptable Use Policy, which is incorporated herein by reference.
2.5 Violation of this section or Greenlight Networks’ Acceptable Use Policy by anyone using the Services may result in suspension or termination of your Services, immediately and without notice to you.
3. Service Speed and Availability
3.1 The Broadband Service speeds identified in Greenlight Networks’ marketing materials and other communications with you reflect service capability speeds “up to” the noted speed and are not a speed guarantee. The speed measurement advertised by Greenlight Networks refers to the internet access speed provisioned to a subscriber on a per-line or per-residence basis and not a per-device basis.
3.2 Actual speeds will vary and depend on a multitude of factors including, but not limited to, destination and traffic on the Internet, whether your device is connected via ethernet cable or Wi-Fi, 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.
3.3 Greenlight Networks offers its Services at a variety of speeds. The availability of some service speeds may depend on the location of facilities in your neighborhood and on your street. Not all service speeds are available in all areas.
3.4 Installation options vary and charges may apply.
3.5 In order to utilize the Services, you must have a computer with sufficient Internet-compatible equipment and software.
4. Equipment and Security
4.1 You will allow us to enter your premises to install, configure, maintain or replace equipment necessary to provide Services to you, including but limited to, an Optical Network Terminal or Unit (“ONT”) and, if using Greenlight Networks’ Total Managed Wi-Fi, wireless router(s) (the “Equipment”) and to make sure our Services are operating and being delivered properly to you and other Greenlight Networks subscribers. 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 or business, and that such authorization will have the same effect as if you had authorized the installation services yourself.
4.2 You also agree that we may use, and that you have the necessary permissions to approve Greenlight Networks’ use of, existing facilities, including existing wiring in and around your residence or business, in performing the installation services.
4.3 After we install 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.
4.4 We can make changes to Equipment and the software/firmware contained on such Equipment through downloads from our network or otherwise.
4.5 You may not move our Equipment to any location other than the location where you initially received the Services. This is true even if you have moved to a new location and continue to pay us for the Services. You may not remove or alter our logos or other identifying information (for example, serial numbers) on the Equipment.
4.6 All equipment provided by us or installed by or on our behalf remains the property of Greenlight Networks. You shall not damage, modify, tamper with, encumber, rent, sell, transfer, or dispose of the Equipment.
4.7 When you terminate your Services, you must, upon request by Greenlight Networks, return all or any portion of the Equipment. The Equipment shall be returned in the same condition as when provided, normal wear and use excepted. Such Equipment must be returned promptly upon termination of Service, but in no event later than 15 days following such termination. Failure to timely return the Equipment will result in a charge to be determined with reference to Greenlight Networks’ then current schedule of equipment charges. You agree to pay such charge(s) whether such equipment is lost (through theft or otherwise) or destroyed.
4.8 You are responsible for the security of your computer, hardware, software applications, data and files. Greenlight Networks shall have no liability for any damage or loss to your computer, hardware, software applications, data or files. We make no representation or warranty that any software or content installed on your computer(s) or downloaded with or through 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.
5. Limitation of Liability, Indemnification, and Disclaimer of Warranties
5.1 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 Networks, 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; pandemics/epidemics; and inability to obtain material, power, equipment or transportation.
5.2 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. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL GREENLIGHT NETWORKS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF GREENLIGHT NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES.
5.3 GREENLIGHT NETWORKS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE EQUIPMENT OR THE SERVICES AND SPECIFICALLY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACTUAL SPEED OF THE SERVICES. GREENLIGHT NETWORKS FURTHER DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF NON-INFRINGEMENT.
5.4 You agree that Greenlight Networks 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.
6.1 You may terminate the Services at any time by contacting our Customer Service Department at any of the customer support telephone numbers provided on greenlightnetworks.com or by email at email@example.com. Unless terminated on the last day of the month, you will receive a pro-rata refund of the fees paid for the then-current month. If you received a promotional offer for any free or discounted service from us (including free or discounted installation costs), you may be required to pay for such services under the applicable terms of the promotional offer.
6.2 We may discontinue or terminate any or all of the Services you receive at any time, in our sole discretion, with or without reason. We may require you to pay certain fees for early termination in the event that we terminate Services for any of the following reasons:
6.2.1 If you do not honor any provision of this Agreement (including payment obligations to Greenlight Networks for these or any other services);
6.2.2 If you use the Services in a manner that adversely affects service to other customers or harasses our customers or employees;
6.2.3 If you or others use the Services in violation of the Acceptable Use Policy or to engage in fraud or unlawful conduct or are suspected of doing so; or
6.2.4 Any regulatory agency, legislative body or court restricts or otherwise prevents Greenlight Networks from furnishing the Services.
7. Dispute Resolution by Binding Arbitration
7.1 If you have concerns or complaints about your Service, Equipment, or Greenlight Networks (including, without limitation, any of our affiliates, representatives, agents, employees, providers, or contractors) you must contact our Customer Service Department at any of the customer support telephone numbers provided on greenlightnetworks.com or by email at firstname.lastname@example.org. Generally, customer complaints can be satisfactorily resolved in this way.
7.2 If you are not able to resolve your concerns through our Customer Service Department within sixty (60) days of notifying us, the parties hereto agree that all claims arising out of or relating to any aspect of our relationship or this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules for residential customer or its Commercial Arbitration Rules for business customers (the “AAA Rules”) or by separate mutual agreement by the rules of another arbitration institution and that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
7.3 Notwithstanding the foregoing, Greenlight Networks agrees that it will not use arbitration to initiate debt collection against you except in response to claims you have made in arbitration. Moreover, 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.
7.4 BY AGREEING TO RESOLVE DISPUTES PURSUANT TO THIS PROVISION, YOU AND GREENLIGHT NETWORKS AGREE, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, TO EACH UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY. YOU AND GREENLIGHT EACH UNCONDITIONALLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION, COLLECTIVE PROCEEDING, 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.
7.5 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.
7.6 The Federal Arbitration Act governs the interpretation and enforcement of this provision, even after the agreement is terminated.
7.7 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 Networks’ Customer Service Department at any of the customer support telephone numbers provided on greenlightnetworks.com or by email at email@example.com.
7.8 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.
7.9 The following terms apply only to the claims of residential customers under the AAA’s Consumer Arbitration Rules:
7.9.1 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. In person arbitrations, if necessary, will take place in Rochester, New York. 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.
7.9.2 Although Greenlight Networks may have a right to an award of attorneys’ fees and expenses if it prevails, Greenlight Networks agrees that it will not seek such an award unless 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).
7.10 You may opt out of this Agreement’s arbitration provision. If you do so, neither you nor Greenlight Networks can require the other to participate in an arbitration proceeding. To opt out, you must notify Greenlight Networks 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 firstname.lastname@example.org. You must include your name, address and Greenlight Networks account number, and a clear statement that you wish to opt out of this Agreement’s arbitration obligation.
7.11 You and Greenlight Networks 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 Networks have suffered or may suffer. In particular, if either you or Greenlight Networks seek non-monetary relief, such relief must be individualized and may not affect individuals or entities other than you or Greenlight Networks. 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.
7.12 Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this arbitration provision, we will notify you and, other than a change of our notification address, you may reject that change by providing Greenlight with written notice (at one of the addresses above) of such rejection within thirty (30) days of the date of our notice to you . If you reject such change, you and Greenlight will continue to adhere to the pre-change language in this provision and arbitrate any dispute covered hereunder in accordance with the language of this provision prior to such change. Any change we make to this provision shall apply on a prospective basis only. This provision survives the termination of the relationship between you and Greenlight, including any opt-out or revocation of consent related to data privacy or communications.
8. Consent to Phone and Email Contact and Electronic Notices and Communications
8.1 We may communicate with you by telephone, email, or text message through any number, email address, or other contact information you provide to us for any purpose including marketing of our Services via live, automated, or prerecorded telephone call, text message, or email, including by using automated technology. 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 email@example.com.
8.2 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 firstname.lastname@example.org.
8.3 We may use automated dialing systems or artificial or recorded voices to call you.
8.4 Greenlight Networks may provide notices to you using any method we determine appropriate, including by electronic means (for example, email or online posting).
9. General Terms
9.1 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.
9.2 All matters relating to this Agreement or any other document or agreement incorporated herein by reference, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
9.3 This Agreement shall not provide any third party with a remedy, claim or right of reimbursement.
9.4 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.
9.5 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 Networks is not a party to such agreements and therefore is not responsible for nor bound by such agreements.
9.6 If a third party sues Greenlight Networks based on your use of our Services (for example, claiming theft or copyright violation based on something you posted on-line using our Services), you will defend and indemnify us for any losses, including without limitation, reasonable attorneys’ fees, that we suffer.
9.7 Our Services are marketed to be purchased only by adults, or with the consent of persons eighteen (18) years old or older. From time to time, parents and guardians may permit their children under the age of eighteen (18) to use the Services. Greenlight Networks does not knowingly allow anyone under the age of eighteen (18) to provide any personally identifiable information and Greenlight Networks does not knowingly collect personally identifiable information from anyone under the age of eighteen (18). You acknowledge that you are eighteen (18) years of age or older and that you have the legal authority to enter into this Agreement.
10. Our Right to Make Changes
10.2 IF YOU DO NOT AGREE WITH ANY AMENDMENT, MODIFICATION, OR CHANGE TO SUCH TERMS AND CONDITIONS YOU SHOULD IMMEDIATELY CEASE USING THE SERVICES AND CONTACT GREENLIGHT NETWORKS TO TERMINATE YOUR SERVICE.
11. Entire Agreement