fiberfly LLC Terms of Service and Acceptable User Policies

  • Acceptable Use Policy

    fiberfly LLC services will be provided to you and all persons who use the service on the terms and conditions set forth in this Agreement. If you are a new subscriber, your enrollment in, activation of, payment for or usage of the service constitutes your acceptance of this agreement. We advise you read through the agreement, but if you chose not to, the terms set forth remain legally binding. You may not modify this Agreement by making any typed, handwritten, or any other changes for any purpose. If you do not agree to the terms and conditions set forth here please stop using the equipment and services, and contact us immediately to cancel your service. fiberfly LLC reserves the right to modify and amend this agreement and will provide notifications via the billing emails.

    To minimize potential legal fees, this agreement requires the use of mandatory arbitration on an individual basis to resolve disputes rather than lawsuits or jury trials.

     

    Service / Acceptable Use

    1. Equipment installed by fiberfly LLC on the customer premises is the property of fiberfly and must be returned upon the termination of service, regardless of reason. Failure to allow collection of or promptly return equipment may result in additional fees.
    2. fiberfly LLC's network facilities may not be used to gain unauthorized access to computing facilities of other institutions, organizations or individuals. Any access to other networks or computing facilities through fiberfly LLC's network must comply with the rules appropriate for that network or computing facility, and state or federal laws or regulations.
    3. The customer is responsible for security and virus production of their own computer systems. fiberfly LLC takes reasonable precautions at a network level to deter common vulnerabilities and may block specific ports and protocols as necessary. It is the customers responsibility to secure themselves from unauthorized access.
    4. fiberfly LLC reserves the right, without notice, to limit or restrict any individual’s use of fiberfly LLC’s network facilities. fiberfly LLC reserves the right to take any action necessary to protect its network facilities and virtual infrastructure. Speeds are not guaranteed and are up to the stated speed.
    5. Your connection may be shared with any computer or network capable device in your residence. You may not share the network with anyone else, nor resell the connection to anyone else unless an explicit arrangement has been signed with a fiberfly LLC representative.
    6. fiberfly LLC's network may only be used for lawful purposes. Transmission of any material in violation of state or federal laws or regulations is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material, and material protected by trade secret. You agree to indemnify and hold fiberfly LLC harmless from any claims resulting from your use of fiberfly LLC's network which damages you or another party.
    7. fiberfly LLC makes no warranties of any kind, whether expressed or implied, for the service it is providing. fiberfly LLC disclaims any warranty of merchantability or fitness for a particular purpose. fiberfly LLC will not be responsible for any damage you suffer from the use of its network including, but not limited to, loss of data, delays, mis deliveries or service interruptions caused by fiberfly LLC’s negligence, your own errors or omissions, or severe weather conditions
    8. Providing internet service in Texas' rural terrain offers unique challenges. fiberfly LLC cannot guarantee service at all times due to unexpected events. As we are a local provider, we will continue to work diligently to provide the highest possible service possible. Known condition - Rain and Hail. In the event of heavy rain or large spread hail, connection integrity will diminish potentially to the point of disconnection.
    9. Service may be canceled at any time without penalty. Please notify fiberfly LLC in writing or via phone call at info@fiberfly.com or (469) -3001. Upon service termination request, arrangements will be made to collect or receive customer premises equipment.
    10. fiberfly LLC will work with law enforcement agencies and may provide customer information when presented with a court order or extenuating situation requiring expedition of information.
    11. Network Abuse of the fiberfly LLC network can and will be reviewed by fiberfly LLC to determine appropriate action. Action may be taken without prior notification up to and including an immediate service disconnection. Network Abuse is determined solely by the network administrator.
    12. The Standard maintenance window is Sunday morning between 3:00-4:00 AM CST. During this time equipment may be rebooted, updated and modified to keep up with patches and firmware updates
    13. The urgent change window is daily between 3:45-4:30 AM CST. This window is only used for situations requiring more immediate action than can wait till the Sunday maintenance period
    14. Emergency maintenance, although rare may be taken without prior notice to restore service to the network, or to cure a network outage
    15. A use of ports / services blocked by fiberfly can be found at the following location: What practices has AT&T adopted to manage network security?

    Installation and Physical Conditions

    1. A representative must be present upon installation who is 18 years of age or greater and able to enter an agreement with fiberfly LLC
    2. It is assumed the representative met onsite will have authority to agree to discussed mounting locations and installation methods, and authorize installation. Mounting may include drilling, screwing or other location impacting tasks. This can include (but is not limited to): Roofing, Siding, roof and yard mounts.
    3. fiberfly LLC will discuss viable options and pros/cons of each for mounting and installation. Mounting and installation are done to the highest standard possible to minimize potential issues, however every action carries an amount of risk. fiberfly LLC is not liable for damage which could be or potentially could be caused by mounting or installation actions.
    4. If a customer requests a service disconnection, fiberfly LLC will remove the electronic components but leave remaining items such as: Mounts, Cable, Screw Clips, etc. This is done to minimize any future issues which could occur due to the removal of mounted equipment.

    Service Plans

    1. Service plan speed is 'up to' the listed speed.
    2. Service plan upload speed is dependent on a number of factors such as distance and signal interference. fiberfly LLC does not explicitly list upload speeds in service plans but tries to provide the most possible for our customers, and we typically target 30% of your download speed target. In certain situations, a user’s upload may be limited so it does not impact the overall network negatively.
    3. Specialty service plans may come with different standard arrangements. These plans will be discussed with each customer and provide the specifics of the plan. Typical specialty plans include Non Line-Of-Sight connections and business plans
    4. Service plans come with no specified data limit, however users regularly exceeding 1 Terabyte (1024 Gigabytes) in a rolling thirty (30) day window, or 200 Gigabytes in a 24 hr period, may receive notifications of excess usage. Continued usage over 1 TB/30-days or 200 GB/day may be met with speed limitations to throttle overall usage.
    5. IP Addresses are assigned by fiberfly LLC at it's sole discretion and are not portable. Users may request a static IP address, and we will make every effort to maintain that address assignment. However, IP Addresses may be assigned/changed/reassigned as fiberfly LLC requires.
    6. Grandfathered service plans. In the course of business, fiberfly LLC may change service offerings and leave existing customers on legacy (grandfathered) service plans. This is done at the discretion of fiberfly LLC. If a user wishes to modify their plan they will be placed into the newer plan structure. If a grandfathered account disconnects, any reconnection options will be related to currently active plans.

    Billing and Payments

    1. fiberfly LLC typically bills on a monthly basis for its services.
    2. Billing is exclusively electronic delivery; one or more email addresses may be specified by the customer to receive billing notifications.
    3. fiberfly LLC utilizes an online billing portal for management of invoices and payments. Users can see a history of all payments and invoices as well as make payments with credit and debit cards.
    4. fiberfly LLC does not store credit card information or SSN information on its servers. fiberfly LLC utilizes a 3rd party billing provider for all credit card transactions (Stripe). Recurring Payment (autopay) information may be seen through the fiberfly LLC billing portal but fiberfly LLC staff are unable to modify or access details of any such information.
    5. Payment is due on the due date of the invoice. A small 'grace period' has been granted to accomodate for mailing time. After the grace period, service will be suspended automatically until the invoice has been paid. Service will be reinstated automatically upon payment of an overdue invoice
    6. fiberfly LLC does not charge late fees, however service will be suspended and unable to use their internet connection until payment of outstanding invoices. If a customer is overdue on an invoice for more than 45 days with no contact, fiberfly LLC will consider the account abandoned and make plans to terminate service and collect equipment

    Last Revision: 12/6/2022
    Original - 11/21/2021
    Updates -
    6/17/2022: Service Plans - Clarified how the 1 Terabyte is measured on a 30-day rolling window based on customer feedback.
    12/6/2022: Service Plans - Added 200 GB daily excessive usage callout.