---
title: Legal information | Viaero Fiber
---

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- [Business](https://viaerofiber.com/business) 
    - [Services](https://viaerofiber.com/business/services) 
          - [Ethernet Transport](https://viaerofiber.com/business/services/ethernet-transport)
          - [Fiber Wavelength](https://viaerofiber.com/business/services/ethernet-transpor/wavelength)
          - [Dark Fiber](https://viaerofiber.com/business/services/ethernet-transport/dark-fiber)
          - [Dedicated Internet](https://viaerofiber.com/business/services/dedicated-internet)
          - [Business Internet](https://viaerofiber.com/business/services/business-internet)
    - [Industries](https://viaerofiber.com/business/industries) 
          - [SMB](https://viaerofiber.com/business/industries/smb)
          - [Carriers](https://viaerofiber.com/business/industries/carriers)
          - [Cell Site Backhaul](https://viaerofiber.com/business/industries/carriers/cell-site-backhaul)
          - [Enterprise](https://viaerofiber.com/business/industries/enterprise)
          - [Data Centers](https://viaerofiber.com/business/industries/data-centers)
          - [Data Center Connectivity](https://viaerofiber.com/business/industries/data-centers/connectivity)
          - [Education](https://viaerofiber.com/business/industries/education)
          - [Healthcare](https://viaerofiber.com/business/industries/healthcare)
          - [Government](https://viaerofiber.com/business/industries/government)
- [Residential](https://viaerofiber.com/residential) 
    - [Residential Internet Map](https://viaerofiber.com/residential#map)
    - [Residential Grants and Offerings](https://viaerofiber.com/residential/map/towns-offerings)
- Network 
    - [Network Map](https://viaerofiber.com/network/map)
    - [Support](https://viaerofiber.com/network/support)
- [Our Approach](https://viaerofiber.com/ourapproach)
- [About](https://viaerofiber.com/about)

- [Business](https://viaerofiber.com/business) 
    - [Services](https://viaerofiber.com/business/services) 
          - [Ethernet Transport](https://viaerofiber.com/business/services/ethernet-transport)
          - [Fiber Wavelength](https://viaerofiber.com/business/services/ethernet-transpor/wavelength)
          - [Dark Fiber](https://viaerofiber.com/business/services/ethernet-transport/dark-fiber)
          - [Dedicated Internet](https://viaerofiber.com/business/services/dedicated-internet)
          - [Business Internet](https://viaerofiber.com/business/services/business-internet)
    - [Industries](https://viaerofiber.com/business/industries) 
          - [SMB](https://viaerofiber.com/business/industries/smb)
          - [Carriers](https://viaerofiber.com/business/industries/carriers)
          - [Cell Site Backhaul](https://viaerofiber.com/business/industries/carriers/cell-site-backhaul)
          - [Enterprise](https://viaerofiber.com/business/industries/enterprise)
          - [Data Centers](https://viaerofiber.com/business/industries/data-centers)
          - [Data Center Connectivity](https://viaerofiber.com/business/industries/data-centers/connectivity)
          - [Education](https://viaerofiber.com/business/industries/education)
          - [Healthcare](https://viaerofiber.com/business/industries/healthcare)
          - [Government](https://viaerofiber.com/business/industries/government)
- [Residential](https://viaerofiber.com/residential) 
    - [Residential Internet Map](https://viaerofiber.com/residential#map)
    - [Residential Grants and Offerings](https://viaerofiber.com/residential/map/towns-offerings)
- Network 
    - [Network Map](https://viaerofiber.com/network/map)
    - [Support](https://viaerofiber.com/network/support)
- [Our Approach](https://viaerofiber.com/ourapproach)
- [About](https://viaerofiber.com/about)

[Contact](https://viaerofiber.com/contact?hsLang=en)

[Contact](https://viaerofiber.com/contact?hsLang=en)

Fiber for Business

![](https://viaerofiber.com/hubfs/Viaerofiber_2025/Images/General/white-arrow.svg)

<https://viaerofiber.com/business?hsLang=en>

[Services ![](https://viaerofiber.com/hubfs/Viaerofiber_2025/Images/General/blue-arrow.svg)](https://viaerofiber.com/business/services?hsLang=en)

Ethernet Transport

<https://viaerofiber.com/business/services/ethernet-transport?hsLang=en>

Dedicated Internet

<https://viaerofiber.com/business/services/dedicated-internet?hsLang=en>

Wavelength

<https://viaerofiber.com/business/services/ethernet-transpor/wavelength?hsLang=en>

Business Internet

<https://viaerofiber.com/business/services/business-internet?hsLang=en>

Dark Fiber

<https://viaerofiber.com/business/services/ethernet-transport/dark-fiber?hsLang=en>

[Industries ![](https://viaerofiber.com/hubfs/Viaerofiber_2025/Images/General/blue-arrow.svg)](https://viaerofiber.com/business/industries?hsLang=en)

![icon-1](https://viaerofiber.com/hubfs/Viaerofiber_2025/Images/General/icon-1.svg)

SMB

<https://viaerofiber.com/business/industries/smb?hsLang=en>

![icon-2](https://viaerofiber.com/hubfs/Viaerofiber_2025/Images/General/icon-2.svg)

Data Centers

<https://viaerofiber.com/business/industries/data-centers?hsLang=en>

![icon-3](https://viaerofiber.com/hubfs/Viaerofiber_2025/Images/General/icon-3.svg)

Carriers

<https://viaerofiber.com/business/industries/carriers?hsLang=en>

![icon-4](https://viaerofiber.com/hubfs/Viaerofiber_2025/Images/General/icon-4.svg)

Education

<https://viaerofiber.com/business/industries/education?hsLang=en>

![icon-5](https://viaerofiber.com/hubfs/Viaerofiber_2025/Images/General/icon-5.svg)

Cell Site Backhaul

<https://viaerofiber.com/business/industries/carriers/cell-site-backhaul?hsLang=en>

![icon-6](https://viaerofiber.com/hubfs/Viaerofiber_2025/Images/General/icon-6.svg)

Healthcare

<https://viaerofiber.com/business/industries/healthcare?hsLang=en>

![icon-7](https://viaerofiber.com/hubfs/Viaerofiber_2025/Images/General/icon-7.svg)

Enterprise

<https://viaerofiber.com/business/industries/enterprise?hsLang=en>

![icon-8](https://viaerofiber.com/hubfs/Viaerofiber_2025/Images/General/icon-8.svg)

Government

<https://viaerofiber.com/business/industries/government?hsLang=en>

# Legal Information

**New Viaero Fiber Networks - Legal Center**

Viaero Fiber Networks is committed to transparency in its business practices. Please review the legal documentation below and don’t hesitate to contact us with additional questions.

**Legal and Policy Documents**

**Programs and Funds**

 

## **Fiber Internet Customer Agreement and Policies**

**Viaero Fiber Networks, LLC**

**Agreement for Internet Services, Fiber to the Home/Premise**

Viaero Fiber Networks internet service(s) will be provided to you and all persons (“you,” or “your”) who use the Service and/or Viaero Fiber Networks Provided Equipment on the terms and conditions set forth in this Agreement (the “Agreement”), together with any applicable tariffs, service guides, posted policies and procedures by Viaero Fiber Networks, LLC (“Viaero,” “we,” “us” or “our”).

Service(s) may include, but are not limited to, Viaero internet service (“Internet”), Viaero Voice over IP service ( “Voice”) and other such services as Viaero may determine are ancillary to Internet or Voice Services (each a “Service” and collectively the “Services”). Any handwritten or other changes do not constitute a modification or change of this Agreement; however, Viaero may make modifications to this Agreement, as determined to be necessary and in accordance with updated policies and applicable laws.

**Acceptance of This Agreement**

Use of the Service(s) or as otherwise indicate by your acceptance of this Agreement constitute your acceptance of this Agreement and you agree to be bound by its terms.

**General Terms and Conditions**

Term of this Agreement

Termination of this Agreement

Charges and Billings

For Internet. Internet price information and additional terms are available at https://www.Viaero fiber.com/home-internet

For Voice. Voice price information and additional terms are available at https://www.Viaerofiber.com/plans

Fees Not Considered Interest or Penalties: Subscriber agrees that (a) time is of the essence; (b) it would be impractical to fix the exact amount of Company’s damages if Subscriber fails to pay promptly; and (c) in the event of such failure, Subscriber shall pay Company as liquidated damages one and one-half percent (1.5%) per month of any amount not paid when due, which fee shall be paid for every month the amount is unpaid and shall be prorated on a daily basis for each day that payment is overdue; provided such charge is permitted according to any applicable tariff or law and further provided such liquidated damages will not be compounded monthly. Acceptance by Company of checks or drafts shall not constitute a waiver of Company’s right to payment by legal tender and acceptance of late or partial payments or payments marked “Paid in Full” or similar notations shall not waive any rights of Company hereunder. Subscriber may, at the option of Company, and in accordance with tariffs (if any), be charged the maximum return check fee allowed by applicable law for any check returned for insufficient funds. Inquiries about or objections to invoices must be in writing and must be received by Company from Subscriber no later than the due date set forth in the invoice; provided, however, all amounts due to Company, including disputed amounts, must be paid to Company on or before the due date set forth in the invoice. Company will make good faith efforts to resolve disputes in accordance with Company procedures or applicable tariffs (if any). Notwithstanding anything herein, if payments, fees, costs or other charges are deemed hereunder as interest, and the aggregate of such charges are in excess of the highest rate allowed by applicable law, then the aggregate of such charges shall be reduced to the highest rate allowable pursuant to such applicable law.

Collection Costs: If we use a collection agency or attorney to collect money owed by you, you agree to pay the reasonable costs of collection, including, but not limited to, any collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. If you change your telephone number or other contact information without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us or our collection agent as a result of any attempt to collect any debt through the telephone number or contact information you provided, including any costs or liabilities associated with misdirected calls.

Suspension/Disconnect: Subject to applicable law, we reserve the right, at our sole discretion, to suspend or disconnect any or all of the Service(s) you receive without a reduction in the fee or charges for the Service(s) if you fail to pay the full amount due for any or all charges.

Changes to Services Subject to applicable law, we have the right to change our Service(s), Viaero Fiber Networks’ Equipment, rates and charges, at any time with or without notice to you. We also may rearrange, delete, add to, or otherwise change programming or features or offerings contained in the Service(s), including, but not limited to, content, functionality, hours of availability, equipment requirements, speed, and upstream and downstream rate limitations. We may deliver any notice concerning changes to the Service(s) and our relationship with you, including notice of any change to this Agreement, in any one or more of the following ways, as determined in our sole discretion: (1) by posting it on [https://www.Viaerofiber.com/](https://www.Viaerofiber.com/) or any other website about which you have been notified; (2) by mail or hand delivery to your Premises; (3) by e-mail to the e-mail address for your account in our records; or (4) by including the information on or with your bill for Service(s). You agree that any one of the foregoing will constitute sufficient and effective notice under this Agreement. Because we may from time to time notify you about important information regarding the Service(s) and this Agreement by these methods, you agree it is your responsibility to regularly check your postal mail, e-mail, service texts, and all postings at [https://www.Viaerofiber.com/](https://www.Viaerofiber.com/) or any other website about which you have been notified. If any material change negatively affects your Service(s), you have the right to cancel your Service(s). Your continued receipt of the Service(s) for more than 30 days after the change, however, will constitute your acceptance of the change.

**Access to Your Premises and Customer Equipment**

**Fiber Network**

**Maintenance and Ownership of Equipment and Software**

Responsibility: We have no responsibility for the operation, support, maintenance or repair of any Inside Wiring or Customer Equipment including, but not limited to, Customer Equipment to which we or a third party has sent software or downloads. You agree that by using the Service(s), we, or our authorized agents and equipment manufacturers, are authorized to send code updates to the Customer Equipment, including, but not limited to, modems and digital interactive televisions with CableCARDs, at any time we determine it is necessary to do so. Such code updates may change, add or remove features or functionality of the Customer Equipment or the Service(s).

**Use of Services**

**Assignability**

You may not assign this Agreement. We reserve the right to freely assign our rights and obligations under this Agreement with or without notice to you.

**Obligations Upon Termination**

You will immediately cease all use of the Service(s) and all Viaero Fiber Networks’ Equipment;

You will return all Viaero Fiber Networks’ Equipment to us at our local service center or to our designee in working order, normal wear and tear excepted within ten (10) days of the date on which Service(s) are disconnected. Failure to return any Viaero Fiber Networks’ Equipment will result in the charge of an Unreturned Equipment Fee. Upon our request during regular business hours at a time agreed upon by you and us, you will permit us and our agents, to access the Premises to remove all Viaero Fiber Networks’ Equipment and other material provided by us.

**Limited Warranty**

THE VIAERO FIBER NETWORKS EQUIPMENT AND THE SERVICE(S) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR OUR AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WARRANT THAT THE VIAERO FIBER NETWORKS EQUIPMENT OR THE SERVICE(S) WILL MEET YOUR REQUIREMENTS, THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.

**Limitation of Our Liability**

In all other cases of an interruption of the Service(s), you shall be entitled upon a request made within 120 days of such interruption, to a pro rata credit for any Service(s) interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service(s) and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE(S). Any additional credits, if any, provided by us are at our sole discretion and in no event shall constitute or be construed as a course of conduct by us.

Should an interruption of Internet services occur, then we shall repair the Internet interruption as soon as reasonably possible.

(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (a) YOUR RELIANCE ON OR USE OF THE VIAERO FIBER NETWORKS EQUIPMENT, THE CUSTOMER EQUIPMENT OR THE SERVICE(S) OR (b) THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, OR REMOVAL OF THE VIAERO FIBER NETWORKS EQUIPMENT, THE CUSTOMER EQUIPMENT OR THE SERVICE(S) (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE(S), THE VIAERO FIBER NETWORKS EQUIPMENT, OR THE CUSTOMER EQUIPMENT, OR ANY OTHER MISTAKES, OMISSIONS, LOSS OF CALL DETAIL, E-MAIL, VOICEMAIL, OR OTHER INFORMATION OR DATA); OR

(2)ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE VIAERO FIBER NETWORKS EQUIPMENT, THE CUSTOMER EQUIPMENT OR THE SERVICE(S) BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

**Governing Law**

This Agreement shall be governed by the laws of the State of Colorado, without regard to its conflict of laws principles. Venue for any action pursuant to or stemming from this Agreement and Customer’s use of the Service(s) provided herein shall be the District Court for Fort Morgan, State of Colorado.

**Indemnification and Liability**

YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US AND OUR EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND BUSINESS PARTNERS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS, AND CAUSES OF ACTION ARISING OUT OF (a) YOUR USE OF THE SERVICE(S), THE VIAERO FIBER NETWORKS EQUIPMENT OR THE CUSTOMER EQUIPMENT; (b) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE(S) OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; (c) ANY CLAIMS OR DAMAGES ARISING OUT OF THE LACK OF 911/E911 OR DIALING ASSOCIATED WITH A HOME SECURITY, HOME DETENTION, OR MEDICAL MONITORING SYSTEM; AND (d) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT OR ANY OF VIAERO FIBER NETWORKS ’S POLICIES.

**Arbitration and Litigation**

*Viaero Fiber Networks, LLC Networks Attn. Legal Department 1224 West Platte Ave. Fort Morgan, CO 80701*

**Miscellaneous**

**Notice for Changes to Viaero Fiber Networks ’s Policies**

We may deliver any notice concerning our relationship with you, including notice of any change to this Agreement, in any one or more of the following ways, as determined in our discretion: (1) by posting it on [https://www.Viaerofiber.com/](https://www.Viaerofiber.com/) or any other website about which you have been notified; (2) by mail or hand delivery to your Premises; (3) by e-mail to the address for your account in our records; or (4) by including it on or with your bill for Service(s). You agree that any one of the foregoing will constitute sufficient and effective notice under this Agreement. Because we may from time to time notify you about important information regarding the Service(s) and this Agreement by these methods, you agree it is your responsibility to regularly check your postal mail, e-mail and all postings at [https://www.Viaerofiber.com/](https://www.Viaerofiber.com/) or any other website about which you have been notified. If you find any change to this Agreement to be unacceptable, you have the right to cancel your Service(s). Your continued receipt of the Service(s) for more than 30 days after we deliver notice of the change, however, will constitute your acceptance of the change.

 

 

## **Privacy Policy**

**VIAERO FIBER NETWORKS PRIVACY POLICY**

We have created the Viaero Fiber Networks Privacy Policy (the “Policy”) to explain our privacy practices. When you use any Viaero Fiber Networks product or service, you should understand when and how personal information is collected, used, disclosed and protected.

We will not sell or disclose information to unaffiliated third parties without your consent except as otherwise provided in this Policy. We may use information about who you are, where and when you browse on the Web, where your wireless device is located, and how you use our network to provide you better service and enrich your user experience when you sign up or use any of our products or services.

Viaero Fiber Networks will revise and update this Policy if our practices change or if changes in the law so require.

**Information Collected About You**

We collect a variety of personal information about users of our products or services. Personal information is information that can be directly associated with a specific person or entity, such as a name, address, telephone number, email address, or information about activities directly linked to that person.

Our definition of personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of services or customers from which individual customer identities have been removed. For example, we could prepare a report that indicates that a certain number of our customers always use their wireless phones at a certain time of day at a specific location. Aggregate data helps us understand trends and customer needs so that we can better consider new services or tailor existing services to customer desires. The aggregate data also might be purchased by or shared with a third party, for example, one interested in locating a business in a particular part of town.

Here are the types of personal and other information we collect. You should refer to the rest of this Policy to see how we use, disclose, and protect that information:

 

We collect information you give us when you purchase a Viaero Fiber Networks product or use services. For example, you may provide us a billing address and credit information, including your social security number or business identifier, when signing up for service or perhaps purchasing a product through our online store. You might not have thought about it this way, but the numbers dialed from your wireless phone to make a call are an example of information you give us and that we collect and use so we can bill you appropriately and investigate fraudulent usage.

 

We automatically receive certain types of information whenever you interact with us. For example, when you visit a Viaero Fiber Networks Web site, our systems automatically collect your IP address and the type of browser you use. When you browse the wireless web, our systems log the Web sites you visit. Similarly, all wireless communications systems know when your phone is turned on and approximately where the device is physically located—that’s how calls or messages are delivered to you in real time.

 

We may obtain information about you from outside sources and add it to or combine it with your account information. For example, we may receive credit information for purposes of initiating service. We also may use commercially available demographic and marketing information from third parties to help us better serve you or inform you about products or services that we think will be of interest to you. We sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily. And, we often receive information from the dealer from whom you purchase your wireless phone or device prior to initiating service with us.

We also may purchase email lists from third parties for advertising purposes. We only purchase lists of individuals who have allowed third-party use of their email address for marketing purposes. If you have previously requested to participate in an email advertising program, the information we receive may include your name, information on previous transactions, or any other personal information you have provided.

Viaero Fiber Networks recognizes that parents often purchase our products and services for family use, including for use by minors. Any information collected from such usage will appear to be the personal information of the actual subscriber to the service and will be treated as such under this Policy. If we make available offers and products online where a child informs us that he or she is under the age of 13, we will ask a parent to confirm his/her consent in advance of further collection, use or disclosure of personal information from that child.

If our customer is a business or other entity purchasing service for employees or other authorized users, Viaero Fiber Networks will treat that business or entity, not the employee, as the customer, and may share information with the business or entity.

**Children’s Online Privacy Protection Act**

If we make available offers and products online where a child informs us that he or she is under the age of 13, we will ask a parent to confirm his/her consent in advance of further collection, use or disclosure of personal information from that child. You should be aware, however, that wireless devices and services purchased for family use may be used by minors without the knowledge of Viaero Fiber Networks. If that happens, any information collected from the usage will appear to be the personal information of the actual adult subscriber and treated as such under this Policy.

**Use of Personal Information**

In general, we use personal information to serve our customers, to enhance and extend our customer relationship, and to enable our customers to take maximum advantage of products and services we think they would enjoy. For example, by understanding how you use our Web site, we are able to customize and personalize your experience. More specifically, we use personal information for billing purposes, to provide services or complete transactions you have requested, to anticipate and resolve problems with your services, and to create and inform you of products or services from Viaero Fiber Networks or others that better meet your needs.

Viaero Fiber Networks does not provide or market categories of service besides CMRS. Viaero Fiber Networks may use, disclose, or permit access to CPNI without customer approval for the purpose of providing or marketing CMRS service offerings, including the marketing of handsets and data or Blackberry services.

Viaero Fiber Networks does not use, disclose, or permit access to CPNI for marketing of any products not within the CMRS category of service or adjunct thereto. Should Viaero Fiber Networks provide, market, or partner with another entity to market other categories of telecommunications service, these policies may be amended to reflect customer consent procedures consistent with state and federal law.

**Third-Party Use**

You should review the following section to understand when Viaero Fiber Networks discloses personal information to third parties.

**Disclosure of Personal Information**

Information about our customers is one of our most important business assets, and therefore we strive to protect it and keep it confidential. We do not sell personal information to third parties without your consent. When and what types of information Viaero Fiber Networks discloses depends on the service and in some cases the choices you have made.

Viaero Fiber Networks will not disclose personal information other than in accordance with this Policy. In general, that means that you must consent to the disclosure in advance. Depending on the service, we may obtain your consent in a number of ways, including:

For example, your consent to disclose personal information can be implied simply by the nature of your request, such as when you ask us to deliver an email or short message to another person. Your return address is disclosed as part of the service and your consent to do so is implied by your use of the service. To determine how personal information may be disclosed as part of a particular service, you should review the terms and conditions of use for that service.

We share personal information with third parties as necessary to complete a transaction, perform a service on our behalf (such as enhancing our ability to serve you better), or perform a service that you have requested. When the third party acts solely on our behalf, Viaero Fiber Networks does not allow them to use your information for other purposes. For example, our vendors process and print your billing statement on our behalf. They can only use the personal information we give them to produce the billing statement. When we write off an account for non-payment, Viaero Fiber Networks sometimes discloses personal information about the account to third parties such as credit bureaus. Credit bureaus may use personal information to update their records.

Aside from our services, however, you may also want to take advantage of services and products offered by other companies utilizing our wireless service. In those cases, you will be providing information to those companies, and information about you received by those third parties will be governed by their privacy policies, not this Policy. For example, if you are roaming on the network of another carrier, information about your usage and the numbers you dial will be available to the carrier providing the service. Also, as another example, if you purchase something using our mobile Internet service, you will be disclosing personal information directly to the company facilitating the transaction, a merchant bank and the merchant. Finally, if you bought your wireless device from a third-party retailer or dealer, both they and Viaero Fiber Networks will have personal information as a result of the transaction and your ongoing service with Viaero Fiber Networks. Whenever third parties have a role in any such transaction, you should review their privacy policies as well.

From time to time, you may be able to participate in contests, giveaways, or other similar promotions we sponsor. Except as explained otherwise in the rules for a particular contest, giveaway, or promotion, any personal information you provide will be used in accordance with this Policy.

In addition, from time to time you may be able to participate in our surveys to help us improve our offerings and services. Except as explained otherwise in the survey, any personal information so collected will be used for our internal purposes.

Under federal law, you have a right, and we have a duty, to protect the confidentiality of information about your telephone usage, the services you buy from us, who you call, and the location of your device on our network when you make a voice call. This information is sometimes referred to as “Customer Proprietary Network Information,” or “CPNI.” We reserve the right to share CPNI and other personal information about you with any corporate affiliates that provide telecommunications services to which you also subscribe. Before sharing CPNI in any other way, we will first notify you of your rights under the law, describe how we intend to use the CPNI, and give you an opportunity to opt out of such usage (or, when required by law, to opt in).

**Business Transfers**

Information about our users, including personal information, may be disclosed as part of any merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the unlikely event of an insolvency, bankruptcy, or receivership in which personal information would be transferred as one of the business assets of the company.

**Protection of Viaero Fiber Networks and Others**

We release personal information when we believe release is appropriate to comply with the law or in good faith reliance on legal process (e.g., court orders, subpoenas, E911 information, etc.); enforce or apply our customer agreements; initiate, render, bill, and collect for services; protect our rights or property, or protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; facilitate or verify the appropriate calculation of taxes, fees, or other obligations due to a local, state, or federal government; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications, or justifies disclosure of records, to a governmental entity without delay.

**Viaero Fiber Networks’ Use of Cookies**

A cookie is a small text file placed on your hard drive by your web browser when you visit a web page that requests the cookie be placed. It is essentially your identification card, and cannot be executed as code or deliver viruses. It is uniquely yours and can only be read by the server that gave it to you. At this time, we only utilize session-based cookies to maintain a user’s session for continuity of navigation while viewing our site. Information we collect may include browser type, IP address, page views, length of visit, and similar information. Depending on your web browser and its settings, session-based cookies may not be placed on your hard drive. After closing the browser, the session cookie is usually deleted as part of the browser’s “shutdown” routine.

Our web pages and/or e-mail messages may contain links to electronic images known as invisible single-pixel gifs (GIFs) that allow us to count the number of users who have visited those pages or who have viewed an e-mail. Viaero Fiber Networks may include GIFs in promotional e-mail messages or our e-mail communication in order to count how many messages have been opened and acted upon. When a GIF image is retrieved from the server, a small amount of information may be recorded about the computer retrieving the image. This may include such things as a cookie number, time and date of access, and a description of the page or e-mail in which the GIF resides.

You may decline to accept cookies and/or images in your browser settings, and in your e-mail client’s settings. If you choose to deny access to cookies in your browser, you may experience some discontinuities when using the website. If you choose to disallow cookies and/or images in e-mail received from Viaero Fiber Networks, you may inadvertently block all images in the e-mail, including non-tracking-related images. Additionally, blocking images in your web browser may result in some websites, including this one, being more difficult to use, due to lack of visual cues and navigation elements that depend on image display.

Refer to the help documentation for your browser and/or e-mail client for details on how to configure cookie and image acceptance and display policies.

For more information on computer security and privacy, please see: United States Computer Emergency Readiness Team (US-CERT) Website a division of the Department of Homeland Security.

**Viaero Fiber Networks Use of Web Beacons**

A Web beacon, also known as a Web bug, is a small, graphic image on a Web page, Web-based document or in an email message that is designed to allow the site owner or a third party to monitor the address and other information of the computer viewing the item. Web beacons are often invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document, or email message, or are transparent. Web beacons are represented as HTML image tags in the Web page; users can click on “view profiles” of the Web page to see whether the page is using a Web beacon. Web beacons allow the collection of the IP address of the computer that the Web beacon is viewed on, the URL of the page the Web beacon comes from, and the time it was viewed. Web beacons may also be linked to personal information.

Viaero Fiber Networks does not place Web beacons that link to personal information on other sites, nor does it permit third parties, other than those working on our behalf, to place them on our site. Viaero Fiber Networks may use Web beacons itself and may link a particular beacon to personal information. For example, we may use a beacon to ensure a user can flip between technical assistance, customer service and our online store and still be recognized as our customer.

**Viaero Fiber Networks Placement of Advertising on Other Web Sites**

Viaero Fiber Networks may use third-party ad serving companies to place advertisements about our products and services on other Web sites. These companies may use cookies and other technology such as Web beacons or tagging to measure the effectiveness of our ads. To measure advertising effectiveness and offer selective ad content, the ad serving companies may use anonymous information about your visits to our and other Web sites. But the ad serving companies use an anonymous number to identify you, NOT your name, address, phone number, email address, or anything that personally identifies you. The use of such cookies is subject to the ad serving company’s privacy policy, not the Policy of Viaero Fiber Networks.

**Presence, Location, and Tracking**

To make wireless communications possible, the network knows the general location of your phone or wireless device whenever it is turned on. Your wireless device sends out a periodic signal to the nearest radio tower/cell site so that the network will know where to route an incoming communication and how to properly bill for the service. This is necessary to make wireless communications possible.

If you dial 911 for emergency services, we may provide your network location to a public safety answering point, emergency medical service provider or emergency dispatch provider, public safety, fire service, or law enforcement official, or hospital emergency or trauma care facility. The law also permits us to disclose the location of a device on our network without a user’s consent (1) to a user’s legal guardian or members of a user’s immediate family in an emergency situation that involves the risk of death or serious physical harm, (2) to database management services or information providers solely to assist in delivering emergency services, or (3) to a governmental entity if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires or justifies disclosure of a device’s location on the network without delay. Legally required upgrades will allow us to provide a location more precise than cell site location.

In addition, we offer optional services on our GSM/GPRS network that make use of your network location. Please review the terms and conditions for each service for additional information about how the location information will be used. The location used for these services is separate from the network location information when you make a voice call.

Your wireless Internet service may also be personalized using your ZIP code or other location identifiers. We use this information to serve you relevant content, and we treat the information like any other personal information under this Policy. This service does not use the network location technology described in this section.

**Receipt of Marketing Messages on My Wireless Device from Third Parties**

You should be aware that not all advertisements appearing on or delivered to your mobile phone or device are authorized by Viaero Fiber Networks. We have developed and implemented systems in our network to reduce unsolicited bulk short text messages, but we cannot at this time block all such messages. We continue to look for other options to reduce these unsolicited bulk messages. If you have an email account with Viaero Fiber Networks, this service is subject to unsolicited messages as any other email service.

It is unlawful for any third party to make an unsolicited telemarketing call using an autodialer or to send a prerecorded message to a wireless phone or device. You should report any such unsolicited calls to the Federal Communications Commission.

**Network and Information Security**

We maintain a variety of physical, electronic, and procedural safeguards to guard your personal information. For example, we use accepted tools and techniques to protect against unauthorized access to our systems. Also, we grant access to personal information about you to employees and contractors who need to know that information to provide products or services to you. In addition, we work to protect the security of your personal information when you are ordering new service via the Viaero Fiber Networks Web site by using well-known Internet encryption technologies like Secure Sockets Layer (SSL). We also use encryption technologies to protect your account information when you are viewing your bill on our Web site. You should be aware that Viaero Fiber Networks has no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.

**What Can I Do to Protect My Personal Information?**

An important part of ensuring the security of personal information is your own effort to protect against unauthorized access to your wireless device and the personal information contained in it and on your SIM card. Most phones and wireless PDA-type devices store calling information both in the phone and on the SIM card. Therefore, before discarding your phone or PDA, trading it in or giving it away, be sure you remove and retain your SIM card and follow the manufacturer’s instructions for deleting all personal information on the device itself. (This can be found in your owner’s manual or on the manufacturers’ Web site.)

In addition, use passwords to prevent unauthorized access to your wireless device, your wireless service account, and your voicemail. If you write down your passwords or user names, keep the information in a secure location. Do not give your password to someone else unless you intend them to have the same full access and ability to make changes to your account as you have. Change your passwords periodically.

**Accuracy of Personal Information in Your Account**

You can review the accuracy of the personal information in your account records online (go to My Account on this Web site) or by contacting Customer Service at ([1 (877) 484-2376](tel:1-877-484-2376)).

**Updating this Policy**

Viaero Fiber Networks will revise or update this Policy as it deems appropriate, including for example, if our practices change, as we change existing or add new services, as we develop better ways to inform you of products we think will be of interest, or if the law so requires. You should refer back to this page often for the latest information and the effective date of any changes.

If, however, users’ personally identifiable information will be used in a manner materially different from that stated at the time of collection, we will notify users via posting on this page for 30 days before the material change is made. Users will have a choice as to whether or not their information will be used in this materially different manner.

**Contact Us**

Viaero Fiber Networks is committed to the policies set forth in this Policy.

If you have any questions, comments or concerns about this Policy, please contact [legal@viaero.com](mailto:legal@viaero.com).

If you have questions about your Viaero Fiber Networks service, you can call a customer service representative at ([1 (877) 484-2376](tel:1-877-484-2376)).

 

## **Refund Policy**

In the event of a cancellation or termination of services with Viaero Fiber Networks:

In the event the final invoice shows a credit balance due to customer, including payments, deposits and other funds:

Prepaid accounts are for the term paid and no refund is given on prepaid accounts. In the event you receive a refund check and thereafter revoke or suspend a payment in any form, the lessor of the refund amount or balance due must be returned within 5 days of notice of such amount due or collection proceedings will be commenced.

 

## **Hearing Aid Compliance**

**Levels of Functionality**

Viaero Fiber Networks offers a variety of HAC phone models to meet the needs of wireless users with hearing disabilities. The mobile units are presented here by category. If a unit is not HAC compatible, it will be listed as N/A in the HAC Rating column.

[Download List of HAC Phones](https://www.viaero.com/customer-svc/s/data/hac-phone-list.pdf)

These phones have been tested and rated for use with hearing aids for some of the wireless technologies that it uses. However, there may be some newer wireless technologies used in this phone that have not been tested yet for use with hearing aids. It is important to try the different features of this phone thoroughly and in different locations, using your hearing aid or cochlear implant, to determine if you hear any interfering noise. Consult your service provider or the manufacturer of this phone for information on hearing aid compatibility. If you have questions about return or exchange policies, consult your service provider or phone retailer.

The Federal Communications Commission (FCC) defines Hearing Aid Compatibility (HAC) for wireless devices in terms of radio-frequency (RF) emissions and telecoil coupling. Cell phones are tested to see if they comply with the FCC’s definition of hearing aid compatibility.

“M” refers to the RF emissions level of the handset device, and means the device is intended for use with hearing aids in microphone mode. The higher the “M” rating number on the device, the more likely the device can be used with a hearing aid on the microphone setting.

“T” refers to the device’s telecoil coupling ability, and means the device is intended for use with hearing aids in telecoil mode. The higher the “T” rating number on the device, the more likely the device can be used with a hearing aid on the telecoil setting.

A telecoil is a small device that is built into some hearing aids for use with the telephone as well as assistive listening devices. To use the telecoil, generally either the hearing aid is switched to the “T” position or a button on the hearing aid is pushed to select the telecoil program. Some newer hearing aids will automatically switch to telecoil mode when using a phone. The telecoil picks up magnetic fields generated by telephones and converts these fields into sound. Telecoils are particularly useful for telephone communication because they permit the volume control of a hearing aid to be turned up without creating feedback or “whistling,” and background noise can be reduced especially when using cell phones in noisy places. A hearing health professional can determine whether a hearing aid contains a telecoil and how it is activated.

**Additional Information**

- - - [https://www.fcc.gov/hearing-aid-compatibility-wireless-telephones](https://www.fcc.gov/hearing-aid-compatibility-wireless-telephones)
          - [https://www.gari.info/](https://www.gari.info/)

 

## **Open Internet Disclosure**

**Open Internet Disclosure/Fair Usage Policy**

Viaero Fiber Networks, LLC (“Viaero Fiber Networks ”) is committed to providing all of its consumers with the best online experience possible. In compliance with the FCC’s Open Internet Order, Viaero Fiber Networks does not block end users from accessing lawful websites, content, applications, services, or non-harmful devices. Further Viaero Fiber Networks does not discriminate or impose any competitive restrictions in the transmission of lawful network traffic and will not throttle or slow internet traffic based on its source or content.

**Acceptable Uses**

Viaero Fiber Networks permits use of broadband services for browsing the Internet (via Viaero Fiber Networks phones or devices, including home routers), accessing software applications, using email, downloading legally permissible content, accessing and using corporate email and/or corporate business applications associated with its consumers places of employment.

Viaero Fiber Networks prohibits any use that is: unlawful, harmful to or would cause interference with the use of Viaero Fiber’s network, or the network of another provider, infringes on intellectual property rights, or is a security risk, or where such use would result in a violation of privacy laws, inappropriate interactions with minors (including child pornography), or use that threatens the health and safety of others through threatening material or content, or adversely or excessively interferes with one or more other consumer’s use of the Viaero Fiber Networks network.

Viaero Fiber Networks currently defines excessive use as any single line of service that exceeds the amount and type of data purchased by that consumer during each billing cycle or rolling usage period. Exceeding the amount or type of data purchased by a consumer in any given billing cycle will result in excessive use charges (overages) being applied to the Subscribers bill and/or a reduction in data speed.

It shall be the customer’s sole responsibility for the content of any material posted, hosted, downloaded/uploaded, created, accessed, or transmitted using the Viaero Fiber Networks internet services. Viaero Fiber Networks has no responsibility for any material created by a customer while using the Viaero Fiber Networks network or accessible using IP Services. Customers are responsible for taking prompt corrective action to remedy a violation of the Acceptable Uses, and to help prevent similar future violations. Failure to remedy to promptly correct such actions may result in suspension or termination of service.

**Security Measures**

Viaero Fiber Networks does not block data or applications for access by consumers. This includes potentially harmful malware/spyware/viruses. Consumers are advised to utilize their own internet security software to mitigate such risks.

**Performance Characteristics**

Many factors affect the speed and performance that consumers may experience, including the applications running on the device, proximity to a cell site, the capacity of the cell site, the surrounding terrain, use inside of a building or a moving vehicle, radio frequency interference, how many other consumers are attempting to use the same spectrum resources, the high-speed data allotment and other features of your data plan, or data usage by other consumers at the same time in the area.

Consumer devices also have varying speed capabilities and may connect to different networks depending on technology. Network changes, traffic volume, outages, technical limitations, signal strength, obstructions, weather, and other conditions may impact speeds and service availability.

**Speed**

The term “speed” is used to describe the rate at which a particular broadband Internet access service can transmit data. The speed is measured in the number of kilobits or megabits transmitted in one second (Kbps or Mbps). While some applications or the basic web browsing do not typically require high-speed to function properly, there may be other applications like video streaming, gaming, or transferring large data files that may require higher data speeds.

Viaero Fiber Networks offers different broadband internet packages, based on different technologies and wireless frequencies, which will have different speeds on the Viaero Fiber network vs. the Viaero Fiber Networks’ fiber connection offerings.

\*\*Your speed range will depend on your device as well as the technology described above, as well as the high-speed data allotments associated with the data plan you have selected. Other factors that may cause the service to fluctuate include situations where you the cell site you are connected to is experiencing high demand of use or congestion. Once the congestion on the cell site is removed, or you connect to a different tower site, your speed will return to normal. Viaero Fiber Networks may also be required to reduce the speeds available to consumers on a temporary basis in order to manage the network performance, as more specifically described in the Network Management section.

Please see each Service Plan for the applicable price, speed, and data packages.

**Latency**

Latency is usually expressed as the round-trip time in milliseconds (“ms”) that it takes for a data packet to travel between two end points on the Internet (from Point A to Point B and then back to Point A).

**Network Management**

Viaero Fiber Networks is consistently evaluating its network for areas to improve the overall customer experience. Our team of engineers have designed the network to provide quality high-speed data services, but there may be situations where the number of consumers using the network exceeds available network resources, or other factors that may result in a degradation of service where consumers may experience reduced data speeds. In order for all of our customers to receive the best internet experience, Viaero Fiber Networks has implemented the following network management practices, which are applied on a content neutral basis.

Viaero Fiber Networks offers a number of different data allotment service plans, which the consumer may select from when signing up for service. While Unlimited data consumers do not have a specific data allotment, there may still be circumstances where network management is still required due to the heavy data usage by consumers at certain times and places where there may be competing network demands, which can affect the network performance for all consumers.

Viaero Fiber Networks has deploy streaming video optimization technology throughout its network, which are set forth in each Service Plan. This technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves reliability and allows users to enjoy higher browsing speeds. The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it. While most changes to streaming video files are likely to be indiscernible, the optimization process may minimally impact the appearance of the streaming video as displayed on a user’s device.

To provide the best possible experience for its consumers, and to minimize capacity issues and limit network degradation and overall network performance, when the network or any portion thereof becomes congested, any consumers in the affected area may experience slower speeds without regard to prioritization. Consumers who use data in violation of their plan or Viaero Fiber Networks ’s Terms and Conditions may experience slower data speeds, and Viaero Fiber Networks may restrict your data session, suspend your service, or in certain circumstances terminate your service.

Subject to Network Management practices, Viaero Fiber Networks does not block or throttle legal content, services, devices or applications, and is content/application neutral. We do not engage in paid prioritization of any content, nor do we regulate our network on the basis of content.

**Device Restrictions**

All phones and devices that connect consumers to Viaero Fiber Networks ’s network must be compatible with Viaero Fiber Networks ’s network (due to network parameters in the device). Please contact Customer Care at (877) 484-2376 to learn more about the many specific devices that are approved for use on Viaero Fiber Networks ’s network. Devices not approved by Viaero Fiber Networks for use on our network, which are found to cause network interference or degradation to the service of others, may be suspended or terminated.

**Broadband Labels**

[Broadband Facts (CSV)](https://www.viaero.com/customer-svc/p/api/v1/BroadbandFacts/csv)

**Contact Information**

Consumers may access our Pricing and Privacy policies on our website at: [https://www.Viaerofiber.com/legal/privacy-policy](https://www.Viaerofiber.com/legal/privacy-policy). Customer Service is available via the [Viaero Fiber Networks’ website](https://www.viaero.com/contact), at retail and service centers, or by calling  
(877) 484-2376.

## **Service Terms and Conditions**

These Service Terms and Conditions serve as the agreement between the subscriber listed on the Subscriber Enrollment Form (“Subscriber”) and Viaero Fiber Networks, LLC (“Company”), along with the Privacy Policy, the Internet Terms and Conditions and other applicable policies and updates are located at [www.Viaerofiber.com/legal](http://www.Viaerofiber.com/legal) and apply to service for wireless and fiber optic related products, features, applications, and services not otherwise described herein (collectively, “Services”), together with the Viaero Fiber Networks Assurance Service Plan, the Handset Installment Payment Agreement, the Credit Limit Agreement (as applicable based on the Subscriber Enrollment Form), the Installation Agreement and any documents expressly referred to herein or therein (the “Subscription Agreement”), comprise the complete agreement between Subscriber and Company and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement. All of these Terms and Conditions shall apply to all Services, except as otherwise specifically set forth herein, including, without limitation, service for a term (subject to a written Agreement in addition to these Terms and Conditions and in the event of a conflict these Terms and Conditions shall apply) (**“Standard Term”**), pre-paid service for a specific period of time and level of service (**“Pre-paid Service”**) , and wireless or fiber optic internet.

**Term**

The Standard Term shall be as set forth in the Subscriber Enrollment Form by and between the Subscriber and the Company and shall end at the end of the month on the date as set forth therein (“Service End Date”). THIS AGREEMENT SHALL AUTOMATICALLY CONTINUE ON A MONTH-TO-MONTH BASIS AFTER THE STANDARD SERVICE END DATE AND TERMINATIONS SHALL BE EFFECTIVE AS OF THE END OF THE MONTH WITHOUT REGARD TO THE DATE SUBSCRIBER STOPS USING SERVICE. Pre-paid Service shall have the term based on the package purchased, any renewals or extensions shall be the result of additional purchase. Any amounts applied to but unused on Pre-paid Service shall be forfeited to the Company after 60 consecutive days of non-use. No refunds given.

**Availability**

Company does not guarantee wireless network availability. Services are only available when devices using a SIM assigned to Subscriber’s account by the Company (“Device” or “Devices”) are located within operating range of network equipment owned by the Company and configured to communicate with the Device (the “Home Network”) or when engaged in permissible roaming on another network. Service may not be available in all areas. Subscriber understands and acknowledges that:

**Use**

Subscriber shall not resell the Services. Company will only accept orders for activating, changing or terminating Services from Subscriber or its authorized agents. Subscriber has no property rights in any telephone numbers assigned to Subscriber’s account and Company reserves the right to change telephone number assignments from time to time after notifying Subscriber. Subscriber shall not program any other telephone number into any Device and any such act shall be deemed an immediate termination by Subscriber except as allowed or required by federal law for number portability. Subscriber is responsible for ensuring that each wireless Device is technically and operationally compatible with the cellular system and in conformance with applicable Federal Communications Commission (“FCC”) rules and regulations. Subscriber agrees not to use any Device for any unlawful or abusive purpose, including but not limited to using the Company’s network to originate illegal calls, or in any manner that creates damage or risk to Company’s business, reputation, employees, facilities, third parties, or the general public.

**Data**

Subscriber acknowledges and understands that use of data services may affect network capacity and cause interference for other customers. Subscriber therefore agrees that data services shall not be used in a manner that violates applicable law or that adversely or excessively interferes with another customer’s use of the Home Network, including but not limited to the following purposes:

Company may in its sole discretion (a) deny, disconnect, modify and/or terminate the Services, without notice, of anyone it deems to be in violation of this Agreement; (b) monitor compliance with the terms set forth herein; or (c) otherwise protect or modify data services available to Subscriber so as to limit or eliminate harm, compromised capacity, or degradation in network performance or public safety. Except for any “Unlimited” data plan, excessive use by or through any single device that exceeds the amount of data purchased under a specific plan in any given billing cycle will result in excessive use charges (overages) being applied to the Subscribers monthly bill.

“Unlimited” mobile data plans provide unlimited data without risk of any overages, provided, however, such plans are subject to reasonable network management. “Unlimited” mobile data plans are intended for use on the mobile device, however, these Unlimited plans include plan-specific monthly amounts of data for tethering or mobile hot-spot at the highest speeds available on the Home Network. Tethering or mobile hot spot in excess of the monthly limit may be slowed to 1 Mbps.

**Internet Data**

For all wireless internet data plans service may be provided at speeds required to maintain the optimal experience for all of Company’s customers. Service may not be available in all areas. Service availability depends on terrain, weather, distance to tower, and other factors. Viaero Fiber Networks has the final say on whether customer location meets minimum line of sight requirements. Where the customer’s initial internet selection is not available, customer may be offered other internet plan options at Viaero Fiber Networks ’s discretion.

The Viaero Fiber Networks Fiber to the Home (FTTH) internet plan offers unlimited internet with no data caps. The Viaero Fiber Networks FTTH internet plan is not available in all areas and is subject to the Internet Terms and Conditions policy.

Unlimited data subscribers should read the Open Internet Disclosure carefully [https://www.Viaerofiber.com/open-internet-disclosure](https://www.Viaerofiber.com/open-internet-disclosure).

Viaero Fiber Networks internet service requires a multi-service router to connect the customer’s Wi-Fi network to the Viaero Fiber Networks’ network. Customers are charged a monthly installment charge on top of their monthly service charge to pay for the router and the customer will own the router at the end of their installment agreement. Early termination of the subscription agreement without return of the router may result in the balance of the owed charges for the router being applied to their account.

**Termination and Plan Changes**

If you’re signing up for Post-pay Service, you’re agreeing to subscribe to Service either on a month–to–month basis or for a minimum contract term, as shown on your Subscription Agreement. (If your Service is suspended without billing, that time doesn’t count toward completing your contract term.) Once you’ve completed your contract term, you’ll automatically become a customer on a month–to–month basis for that Service. If Subscriber violates this or any other Agreement(s) with Company and Company terminates Subscriber the Early Termination Fee (below) shall be payable to Company. If Subscriber selects a contract term in excess of one month, Subscriber agrees and acknowledges that Company will be damaged by Subscriber’s early termination of this Agreement and, in the event of such early termination, Company may (a) accept the attempted termination as of the end of that month upon Subscriber’s pre-payment of a cancellation fee (“Early Termination Fee”) as well as any and all amounts still due under any monthly handset payment plan, subject to the terms of this Agreement; or (b) reject Subscriber’s termination of this agreement and seek all remedies available in law or equity as a result of Subscriber’s breach of this agreement. Cancellations will become effective on the last day of that month’s billing cycle, and you are responsible for all charges incurred until then. Also, if you bought your wireless device from an authorized agent or third–party vendor, you should check whether they charge a separate termination fee.

**Price Changes**

Company may change any terms, conditions, rates, fees, expenses, or other charges applicable under this Agreement at any time. Subscriber understands and agrees that State and Federal Universal Service Fees and other fees imposed by government authorities, whether or not assessed directly upon Subscriber, may increase or decrease without prior notice, based upon calculations performed by a government entity or Company. If Company makes material changes to this Agreement or increases its monthly service fees during the term of this Agreement, Company shall disclose the change at least one billing cycle in advance either through a notice accompanying Subscriber’s bill or a text message to Subscriber’s Device and Subscriber may terminate this Agreement without paying the Early Termination Fee, provided the Subscriber provides notice of termination within thirty days after the first bill reflecting the change.

**Special  
Terms and Conditions Related to Roaming in the USA, Mexico, and Canada**

Originating or receiving any of the Services outside of the Home Network is defined as “Roaming”. The availability of Services while Roaming will depend upon the roaming carrier’s support of the applicable network technology and functionality. Billing for roaming usage may be delayed by up to 30 days due to reporting between carriers. Subscriber’s Roaming Usage allowance per 30-day period is equal to any of: 10 gigabytes of data for our tier 1 roaming partners at up to 10 Mbps down/up, then throttled to 1 Mbps down/up for the remainder of the thirty-day period. For all other North America roaming partners, Subscribers Roaming Usage allowance per the 30-day period is 500 megabytes of data at 1 Mbps down/up, then throttled to 128 kbps down/up. If Subscriber’s use of the Services while Roaming (“Roaming Usage”) during any two consecutive months exceeds Subscriber’s Roaming Usage allowance or if Subscriber becomes a permanent roamer outside of the Home Network the Company may, in its sole discretion, deny use of the roaming carrier’s network, change Subscriber’s plan to one imposing usage charges for Roaming Usage, suspend access to certain Services, or terminate this Agreement. The Company shall notify Subscriber that it intends to take any of the above actions and Subscriber may terminate this Agreement, subject to these Terms and Conditions.

**Special Terms and Conditions Related to International Roaming**

Subscribers may incur and be subject to additional charges when Roaming in an international country. Billing for International Roaming usage may be delayed by up to **30 days** due to reporting between carriers. Displays on Devices may not indicate whether Subscriber will incur roaming charges. Certain Services may not be available while Roaming and certain tenure, billing and credit restrictions and additional charges may apply. Subscriber understands and acknowledges that a Device may transmit and receive data messages without user intervention and that such Roaming can generate unexpected charges when travelling outside of the United States, Canada, and Mexico. International Roaming is not included with domestic plans. International Roaming is billed on an a la carte basis. While the Subscriber is Roaming in countries other than the United States, Mexico, or Canada, the Company reserves the right, at its sole discretion, to limit data speeds, deny access to certain Services, or deny use of the International Roaming carrier’s network. International roaming data speeds for all carriers are 512 kbps down/up for up to 10 MB, 128 kbps down/up for 10-50 MB, 64 kbps down/up for 50-100 MB, and 16 kbps down/up for over 100 MB of usage. These amounts are per day and reset at midnight MST/DST. Cruise ship data allowances are 512 kbps up/down for up to 100 MB, 256 kbps up/down for 100-150 MB, and 0 kbps for over 150 MB of usage. Cruise ship data allowances reset the 1st of each month.

**Special Terms and Conditions Related to Viaero Fiber Networks “Love It or Leave It” Return Policy**

The “Love it or Leave It” policy applies to new activations or renewals under a new plan that are experiencing significant network related issues on the Company Network. Customer may cancel service within fourteen (14) days of activation, provided the following conditions are met:

**Special Terms and Conditions Related to Viaero Fiber Networks’ “Love it or Leave It” Equipment Exchange Policy**

The “Love It or Leave It” exchange policy applies to exchanges of new phone and data devices purchased from the Company in conjunction with a Standard Term and excludes color preferences. Customers may return phone equipment for exchange within **fourteen (14) days** of purchase, provided the equipment is returned in like new condition in  
original packaging. Only one exchange can take place within 14 days of original purchase, and is subject to a **$35 restocking fee.** The exchange must be for a different Company handset/data model – no exchanges into the same model are allowed. If an exchange is approved, a credit will be applied towards a new phone or data device equal to the actual amount paid for the returned phone or data device – minus any restocking or other non-refundable fees/taxes. Customer will be charged Viaero Fiber Networks ’s current retail price for any new phone or data device(s). Customer is responsible for the payment of any price difference at the time of the exchange; if the difference results in a credit to  
Customer, Company will apply a credit equal to the difference to the Customer’s account.

**Deposits**

Company may require an applicant or Subscriber to make a suitable deposit for a reasonable time period with the Company to be held as a guaranty of the payment of charges. If not prohibited by applicable laws or tariffs, deposits received by Company may be commingled with other Company funds, and Company need not accrue interest for Subscriber’s benefit unless Company in its sole discretion decides to do so. Upon termination of this Agreement, any deposit or advance service charges will be applied to pay any charges then or thereafter due and any excess will be returned without interest within **75 days** after termination to Subscriber at its last-known address. If the U.S. Postal Service is not able to deliver such funds to Subscriber and returns the funds to Company, such returned unused advanced payments or deposit funds shall be maintained for the account of Subscriber for one year, subject to an account servicing fee of **$10 per month**. Any portion remaining after such one-year period shall be conclusively deemed to have been forfeited by Subscriber and shall thereafter be the Company’s property. Company may adjust the deposit amount at any time to reflect revised estimated monthly charges based on actual usage. The fact that a deposit has been made does not relieve Subscriber from prompt payment of bills, nor does it constitute a waiver or modification of the provisions of this Agreement allowing discontinuance of Services and/or termination of this Agreement for nonpayment of any sums due.

**Sales Tax, Etc.**

In addition to the costs of Services provided under this Agreement, Subscriber shall pay any applicable sales, use, public utility gross receipts or other taxes, interconnect costs, universal service or other governmental fees, or charges imposed on Company, as a result of providing the Services or the Device to Subscriber. Such taxes and fees will be added to the Subscriber’s bill when imposed or required by law and any such taxes, fees, or charges paid by Company will be reimbursed by Subscriber. Company may also impose reasonable fees for unfunded governmental mandates on a prorate basis among all subscribers. Any promotion notwithstanding, Subscriber shall be responsible for all applicable taxes and fees.

**Billing and Payment of Charges**

The first month’s charges are payable in advance upon execution of an applicable Agreement or with the purchase of a Pre-paid Service package. Subscribers may change to another rate plan currently offered for new activations upon thirty (30) days’ notice to Company, provided that (a) Subscriber has not changed rate plans more than twice in the previous twelve (12) months and (b) Subscriber pays a $25.00 charge for such change. Subscriber is responsible for payment of all charges for Services furnished, together with usage charges (which are in addition to regular monthly service charges) for all calls processed through Subscriber’s Device or through any telephone number assigned to Subscriber including but not limited to any applicable landline access charges, and toll charges resulting from the origination of calls to points outside Company’s local calling area. Monthly charges for cellular system access and for any optional Device or Service features selected by Subscriber are billed one month in advance, with charges prorated (if necessary) for beginning and ending months of Service. All charges for usage which are billed by a third party to Company will be included in the Subscriber’s bill as soon as possible thereafter. Payments are delinquent if not received by Company by the due date shown on the monthly invoice. If Subscriber has authorized charges to be made against a credit card account, Company will charge amounts due to the credit card account prior to the due date. No additional notice to or consent of Customer shall be required for authorized charge. If Subscriber has not authorized charges to be made to a credit card account, or if charges made to the credit card account are not paid, payment must be received on or before the due date. Subscriber agrees that (a) time is of the essence; (b) it would be impractical to fix the exact amount of Company’s damages if Subscriber fails to pay promptly; and (c) in the event of such failure, Subscriber shall pay Company as liquidated damages one and one- half percent (1.5%) per month of any amount not paid when due, which fee shall be paid for every month the amount is unpaid and shall be prorated on a daily basis for each day that payment is overdue; provided such charge is permitted according to any applicable tariff or law and further provided such liquidated damages will not be compounded monthly. Acceptance by Company of checks or drafts shall not constitute a waiver of Company’s right to payment by legal tender and acceptance of late or partial payments or payments marked “Paid in Full” or similar notations shall not waive any rights of Company hereunder. Subscriber may, at the option of Company, and in accordance with tariffs (if any), be charged the maximum return check fee allowed by applicable law for any check returned for insufficient funds. Inquiries about or objections to invoices must be in writing and must be received by Company from Subscriber no later than the due date set forth in the invoice; provided, however, all amounts due to Company, including disputed amounts, must be paid to Company on or before the due date set forth in the invoice. Company will make good faith efforts to resolve disputes in accordance with Company procedures or applicable tariffs (if any). Notwithstanding anything herein, if payments, fees, costs or other charges are deemed hereunder as interest, and the aggregate of such charges are in excess of the highest rate allowed by applicable law, then the aggregate of such charges shall be reduced to the highest rate allowable pursuant to such applicable law.

**Failure to Pay**

If Subscriber fails to pay any sum due hereunder, breaches any representations herein, fails to perform any of its obligations at the time and in the manner specified in this Agreement, fails to maintain any Device without damage or interference to Company business or facilities, or becomes the subject of any proceeding under the Bankruptcy Act or become insolvent, Company may discontinue Service at any time without notice or terminate this Agreement. Subscriber shall remain liable for the payment of all charges due to Company under this Agreement, which shall be immediately due and payable. Subscriber may be subject to reactivation charges if Service is subsequently recommenced. These remedies are not exclusive but are in addition to all remedies provided by law or equity. In the event of Subscriber’s default, Subscriber will pay court costs, attorney fees, and similar expenses related to the enforcement of any rights or privileges hereunder. Time is of the essence and Company’s failure at any time to require strict performance by Subscriber of any of the provisions hereof shall not waive or diminish Company’s right to thereafter demand strict compliance with any provisions of this Agreement.

**NO WARRANTIES**

**COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR ANY DEVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED.**

**Limitation of Liability**

IN NO EVENT SHALL COMPANY BE LIABLE, WHETHER OR NOT DUE TO ITS OWN NEGLIGENCE, for any:

Notwithstanding the foregoing, the liabilities of the Company (if any), for any mistakes, omissions, interruptions, delays, errors, defects or other failure in the Services furnished shall not exceed the amount of prorated monthly charges to Subscriber for said Services during the period so affected. Subscriber agrees to indemnify and hold harmless the Company, from and against all costs, expenses, acts, actions or claims, in any way arising out of, connected with, or resulting from the activities contemplated by this Agreement, whether brought by Subscriber, its employees, agents, customers, or any third parties. In the event Subscriber has authorized Company to charge amounts due against its credit card account, the indemnification and hold harmless agreement contained in this paragraph shall extend to claims, expenses, liabilities, or damages arising in connection with use or ownership of the credit card account or from the issuer’s refusal to pay amounts charged to such credit card account. Subscriber further agrees to pay Company’s reasonable attorney’s fees and costs arising from any such actions or claims and those incurred in establishing the applicability of this paragraph.

**Important Emergency and 9-1-1 Information**

When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. We are not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We may use a variety of information and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, our wireless network, the street address you have provided us as your primary use location (“Primary Address”). Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting a 9-1-1 call and we do not determine the public safety agency to which your 9-1-1 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented. If you dial 9-1-1 while outside the U.S., 9-1-1 services may not be available. Wi-Fi and 9-1- 1 Service: 9-1-1 service using Wi-Fi uses the internet and operates differently than traditional 9-1-1. For example, 9-1-1 service may not work during power or internet (e.g., cable service) outages or disruptions. Location information when using Wi-Fi may be limited or unavailable. You must provide us with a Primary Address. If the location at which you primarily use Wi-Fi changes, either temporarily or permanently, you must notify us by contacting Customer Care; it may take **24 hours** or more to update the address information. If you do not give us a Primary Address, we may terminate your Service. When you call over Wi-Fi away from your Primary Address, we may have no or very limited information about your location.

**Privacy**

Cellular telephone systems use radio channels to transmit voice and data communications over a complex network. Conversations are very difficult to intercept because of the networks unique design, which assigns calls randomly to any one of several radio channels at various locations. Although federal and state laws make it illegal for third parties to listen in on cellular calls, privacy cannot be guaranteed. Company shall not be liable to Subscriber, for any claims, loss, damages, or costs which may result from a lack of privacy experienced over any Device.

**No Agency Created**

This Agreement does not in any way create the relationship of principal and agent, joint venture, partner, or employer and employee between Company and Subscriber and under no circumstances shall Subscriber hold out to be in or in any way be considered an agent of Company.

**Assignment**

Company may assign in whole or in part its right or duties under this Agreement, without notice to Subscriber. Upon such assignment, Company shall be released from all liability hereunder. Subscriber may assign this Agreement only upon the prior written consent of Company. Subject to this restriction, this Agreement shall apply to, inure to the benefit of, and be binding upon the heirs, successors, subcontractors, and assignees of the respective parties.

**Notices**

Notices to Subscriber shall be deemed given if deposited in the U.S. Mail addressed to the Subscriber’s last known address as shown on the Subscriber Enrollment Form. Notice to Company shall be deemed given when received by the Company at **1224 West Platte Avenue, Fort Morgan, CO 80701** Attn: Legal Department. Provided, however, these Terms and Conditions may change at any time with or without notice and Subscriber his hereby advised to check the Company’s website at [www.Viaerofiber.com/legal](http://www.Viaerofiber.com/legal )for such changes or updates.

**Severability**

Should any part or portion of this Agreement be found invalid, the balance of the provisions shall remain unaffected and shall be enforceable.

**Governing Law and Regulations**

This Agreement, including all matters relating to the validity, construction, performance, and enforcement thereof, shall be governed by applicable federal law, the regulations of the FCC, the laws and regulations of the state where Services are provided, and by any tariff required to be filed by the Company pursuant to such state’s law. This Agreement is subject to amendment, modification or termination if required by such regulations or laws.

**Dispute Resolution and Arbitration**

**WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY A COURT OF COMPETENT JURISDICTION.** This includes any claims against other parties relating to Services or Devices provided or billed to you (such as our suppliers, Dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

For all disputes, whether or not pursued in court, you must first give us an opportunity to resolve your claim by sending a written description of your claim to **Viaero Fiber Networks , Legal Department, 1224 W. Platte Ave, Fort Morgan, Colorado 80701-2949**. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in court. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue any claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.

**CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION**. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.

**JURY TRIAL WAIVER**. If a claim proceeds in court, **WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.**

**Acceptance**

**YOUR AGREEMENT STARTS WHEN YOU ACCEPT.** You represent that you are at least 18 years old or have attained the age in your applicable jurisdiction that allows you to enter into a contract and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following:

**IF YOU DON’T WANT TO ACCEPT, DON’T DO ANY OF THESE THINGS.**

Definitions: Any term with initial capitalization which is not defined in these Terms and Conditions or in the Viaero Fiber Networks Assurance Service Plan, the Handset Installment Payment Agreement or the Credit Limit Agreement shall have the meaning, value or amount set forth in the Subscriber Enrollment Form.

**PLEASE READ THIS DOCUMENT CAREFULLY. IT SETS FORTH EACH PARTY’S RIGHTS AND DUTIES AND FULLY DEFINES WHAT IS AND WHAT IS NOT COVERED BY ACCEPTING THIS ASSURANCE SERVICE PLAN.**

**Viaero Fiber Networks’ Assurance Service Plan (“ASP”)**

Viaero Fiber Networks, LLC, **1224 West Platte Avenue, Fort Morgan, Colorado 80701** (“Viaero Fiber Networks ”) hereby agrees to provide to the purchaser of this Viaero Fiber Networks Assurance Service Plan (“Purchaser”), whose name and address appears on the Subscriber Enrollment Form, the services described herein (“Replacement Services”), subject to the terms and conditions contained herein. The Viaero Fiber Networks Assurance Service Plan is referred to herein as the “Plan.”

**THIS PLAN IS NOT A WARRANTY OR CONTRACT FOR INSURANCE; IT IS A SERVICE CONTRACT AS DEFINED BY STATE AND FEDERAL LAW.** This Plan is not intended to replace manufacturers’ warranties or appropriate policies for insurance as may be needed to compensate for casualties or losses that are outside the scope of this Plan.

**CREDIT LIMIT AGREEMENT**

If a “Credit Limit” or “Credit Deposit” (“Deposit”) is indicated on the Subscriber Enrollment Form, based on the credit rating for the Subscriber applying for credit, The account may require a deposit in the amount set forth on the Subscriber Enrollment Form for the line requested by the Subscriber and may be placed on a credit limit also as indicated on the Subscriber Enrollment Form. The Deposit will stay on the account until such time that the credit status changes to a criteria that does not require this stipulation. The Subscriber phone number is listed on the Subscriber Enrollment Form and will be placed on a credit limit. The credit limit can be reviewed at the end of my contract at my request. This request will be made to the credit department at the Viaero Fiber Networks Call Center at [1-877-484-2376.](tel:1-877-484-2376)

If a Credit Limit is applicable it will be indicated on the Subscriber Enrollment Form and this account will be placed on a credit limit to help prevent overages and make my bills easier to handle.

The credit limit will figure as follows: After Subscriber has used all plan minutes, the billing system will charge a per minute fee for overage and/or long distance until it reaches the limit set forth on the Subscriber Enrollment Form. Actual monthly charges and any applicable roaming charges will NOT be added into this amount until the end of the month so the bill may actually be more than the credit limit amount. Once the credit limit has been reached, the account will be suspended until full payment of the balance due on the account.

Subscriber acknowledges that the account may be suspended at any time during the month, regardless of the bill due date, and will need to make a payment when this happens to maintain or restore service.

## **E-Rate: Universal Service Program for Schools and Libraries**

The FCC's E-Rate program makes telecommunications and information services more affordable for schools and libraries. With funding from the Universal Service Fund ([fcc.gov/general/universal-service-fund](https://www.fcc.gov/general/universal-service-fund)), E-Rate provides discounts for telecommunications, Internet access, and internal connections to eligible schools and libraries.

The ongoing proliferation of innovative digital learning technologies and the need to connect students, teachers and consumers to jobs, life-long learning, and information have led to a steady rise in demand for bandwidth in schools and libraries. In recent years, the FCC refocused E-Rate from legacy telecommunications services to broadband, with a goal to significantly expand Wi-Fi access. These steps to modernize the program are helping E-Rate keep pace with the need for increased Internet access. (Learn more about modernization of the E-Rate program: [fcc.gov/e-rate-update](https://www.fcc.gov/e-rate-update).)

**What benefits are available under the E-Rate program?**

Eligible schools and libraries may receive discounts on telecommunications, telecommunications services, and Internet access, as well as internal connections, managed internal broadband services and basic maintenance of internal connections.

Discounts range from 20 to 90 percent and are based on the poverty level of the schools. Rural schools and libraries may also receive a higher discount. Recipients must pay some portion of the service costs.

See the list of eligible services at [usac.org/e-rate/applicant-process/before-you-begin/eligible-services-list/](https://www.usac.org/e-rate/applicant-process/before-you-begin/eligible-services-list/).

**How does the E-Rate program work?**

An eligible school or library (see eligibility definitions at [usac.org/e-rate/applicant-process/before-you-begin/school-and-library-eligibility/](http://www.usac.org/e-rate/applicant-process/before-you-begin/school-and-library-eligibility/)) identifies goods or services it needs and submits a request for competitive bids to the Universal Service Administrative Company (USAC). USAC posts these requests on its website for vendors to bid on. After reviewing the vendors' bids, the school or library selects the most cost-effective eligible products and services using price as the primary factor. It then applies to USAC for approval for the desired purchases.

Next, USAC issues funding commitments to eligible applicants. When a vendor provides the selected services, either the vendor or the applicant submits requests to USAC for reimbursement of the approved discounts.

The bid request and competitive bidding processes must comply with FCC rules and also state and local procurement requirements.

**How are schools and libraries in my area benefiting?**

To find which schools and libraries in your area benefit from E-Rate, use USAC's search tools to view public E-rate data, including commitment and other funding tools, at [usac.org/e-rate/resources/tools/](https://www.usac.org/e-rate/resources/tools/).

**How are requests prioritized?**

If demand for E-Rate money is greater than the available funds, funding is allocated first to the highest poverty schools and libraries, then the next-highest poverty applicants, and so on.

**How much funding is available?**

E-rate program funding is based on demand up to an annual Commission-established cap of $4.456 billion.

**Does the E-Rate program duplicate state and local efforts?**

The FCC's plan complements the efforts of states and localities to bring advanced telecommunications and information services to schools and libraries. When the E-Rate program was established in 1996, only 14 percent of the nation's K-12 classrooms had access to the Internet.

**Printable Version**

[E-rate: Universal Service Program for Schools and Libraries](https://www.fcc.gov/sites/default/files/e-rate_universal_service_program_for_schools_and_libraries.pdf) (pdf)

**Date Last Updated/Reviewed:**

Tuesday, February 27, 2024

**Bureau/Office:**

[Consumer and Governmental Affairs](https://www.fcc.gov/consumer-governmental-affairs)

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[File Your Complaint](https://consumercomplaints.fcc.gov/hc/en-us/)

Visit our Consumer Complaint Center at [consumercomplaints.fcc.gov](https://consumercomplaints.fcc.gov/) to file a complaint or tell us your story.

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