Legal Information

New Viaero Fiber Networks - Legal Center

Viaero Fiber Networks Fiber Networks is committed to transparency in its business practices. Please review the legal documentation below and don’thesitate to contact us with additional questions.

Legal and Policy Documents

Fiber Customer Agreement and Policies
Privacy Policy
Refund Policy
Hearing Aid Compliance
Open Internet Disclosure
Service Terms and Conditions

Programs and Funds

E-Rate: Universal Service Program for Schools and Libraries

Fiber Internet Customer Agreement and Policies

Viaero Fiber Networks Wireless

Agreement for Internet Services, Fiber to theHome/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 NE Colorado Cellular, Inc.,d/b/a Viaero Fiber Networks Fiber Networks (“Viaero Fiber Networks ,” “we,” “us” or “our”).

Service(s) may include, but are not limited to, Viaero Fiber Networks Internet service (“Internet”), Viaero Fiber Networks Voice service ( “Voice”) and other such services as Viaero Fiber Networks 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 Fiber Networks 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 youracceptance of this Agreement constitute your acceptance of this Agreement andyou agree to be bound by its terms.

General Terms and Conditions

Term of this Agreement

Term. This Agreement shall commence upon the completion of the fiber construction to You and shall continue for a period of three (3) years. Continued use of the Service(s) after the expiration of the Term contained herein shall be on a month to month basis.

Termination of this Agreement

Termination. This Agreement may be terminated without any penalty, further liability, or obligation to make additional payments on thirty (30) days written notice as follows: (a) by either party on default of any covenant or term hereof by the other party, which default is not cured within thirty (30) days following written receipt of notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions herein); (b) by Viaero Fiber Networks if it is unable to obtain or maintain any license, permit or other governmental approval necessary to the construction or operation of the Service(s).
Suspension and Termination by Viaero Fiber Networks. Subject to applicable law, we reserve the right to act immediately and without notice to terminate or suspend the Service(s) and/or to remove from the Service(s) any information transmitted by or to any users. We may take these actions if we: (1) determine that your use of the Service(s) does not conform with the requirements set forth in this Agreement or any and all of Viaero Fiber Networks ’s Policies, the, (2) determine that your use of the Service(s) interferes with our ability to provide the Service(s) to you or others, (3) reasonably believe that your use of the Service(s) may violate any laws, regulations, or written and electronic instructions for use, (4) reasonably believe that your use of the Service(s) interferes with or endangers the health and/or safety of our personnel or third parties or (5) you threaten, harass, or use vulgar and/or inappropriate language toward our personnel. Our action or inaction under this Section shall not constitute review or approval of your or any other users’ use of the Service(s) or information transmitted by or to you or other users.

Charges and Billings

Charges, Fees, and Taxes You Must Pay. You shall pay all charges associated with the Service(s). Such charges may include but are not limited to charges for installation, service calls, monthly service, Viaero Fiber Networks Equipment, purchases, or rental of other services offered through Viaero Fiber Networks , applicable Federal, State, and local taxes and fees (however determined), State and Federal government fees or assessments on us, other permitted fees and cost recovery charges. You may also receive charges for any programs that we participate in which may include but is not limited to public, educational, and governmental access, universal service, telecom relay services for the visually/hearing impaired, rights-of-way access, and programs supporting the 911/E911 system and any fees or payment obligations imposed by governmental or quasi-governmental bodies for the sale, installation, use, or provision of the Service(s). You agree and will be held responsible to paying for any government-imposed fees and taxes, whether imposed on you or us, that become applicable subsequently. Notice will be provided to you regarding information about standard pricing and all applicable charges and fees with your order and/or activation of Service(s). If there are any changes in our standard pricing and fees or new prices and fees we may provide you with notice. Except where required by law, we will not provide notice to a change in price other fees if it is related to a change in governmental or quasi-governmental tax, fee, or assessment.

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

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

How Billing will be Handled. You will be billed monthly, in advance, for recurring Service charges, equipment charges, and fees. Before services are installed, you are responsible for payment of the first month’s service(s), Viaero Fiber Networks equipment charges, deposits, activation fees and installation charges. You may pay for additional service(s) that Viaero Fiber Networks is able to provide to you or through third parties that Viaero Fiber Networks is partnered with. You are responsible for all individual payments.
You are Responsible for Third-Party Charges. You may incur charges with third-party service providers such as for accessing on-line services, calling parties who charge for their telephone-based services, purchasing or subscribing to other offerings via the Internet or other interactive options that are separate and apart from the amounts charged by us. You are solely responsible for all such charges payable to third parties, including all applicable taxes.
Using a Credit Card of Check for Payment. If you use any credit card to pay for the Service(s) then your use is governed by the applicable card issuer agreement. In the event of nonpayment by your credit card issuer or its agents, you agree to pay all amounts due upon demand. If you pay by check, you authorize us to collect your check electronically. You agree that you may not amend or modify this Agreement with any restrictive endorsements (such as “paid in full”), or other statements or releases on or accompanying checks or other payments accepted by us and any such notations shall have no legal effect.
Our Remedies if You Pay Late or Fail to Pay. If for any reason We do not receive payment of the amounts billed to you by the due date then You may be billed fees, charges, and assessments related to late or non-payment.

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

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

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

Reconnection Fees and Related Charges. An additional fee for installation and or for reconnection if you resume Service(s) after any suspension or termination. These fees are additional to all past due charges and other fees on Your account. Reconnection of service(s) will be subject to applicable law, this Agreement, and any other Policies that we have.
Our Right to Make Credit Inquiries. Through this Agreement, you authorize us to make inquiries and to receive information about Your past credit experiences from others, to put this information in Your file, and to disclose this information to third parties for reasonable business purposes. We will not discriminate in the application of our credit inquiries and deposit policy on the basis of race, color, sex, creed, religion, nationality, sexual orientation, or marital status. Any risk assessments conducted by either us or by third party credit bureaus will be done in conformance with all applicable laws. We reserve the right to make credit inquiries even after having received a deposit from you with respect to our Services(s).
Your Responsibilities Concerning Billing Questions. Subject to applicable law, if you intend to dispute a charge or request a billing credit, you must contact us within 120 days of the date on the bill or you waive any such disputes or credits.

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 withor without notice to you. We also may rearrange, delete, add to, or otherwisechange 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 anyone or more of the following ways, as determined in our sole discretion: (1) by posting it on https://www.Viaero FiberNetworks .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 theinformation 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 Networks .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

The Viaero Fiber Networks supplied equipment (Viaero Fiber Networks Equipment) is, and at all times shall remain, the sole and exclusive property of Viaero Fiber Networks , regardless of payments made by you related to this Agreement. At no time will Viaero Fiber Networks be deemed to have abandoned the Viaero Fiber Networks Equipment in the event it is not retrieved upon termination of any Services. You are to use Viaero Fiber Networks Equipment only for the purpose of using the Services as set forth in this Agreement. You agree not to sell, transfer, lease, assign, or encumber any of the Viaero Fiber Networks Equipment, in whole or in part, to a third party, or allow a third-party use of your Services.
You agree to allow us, or our agents or representatives on our behalf, access to the premise where the Services are provided to install, maintain, inspect, upgrade, disconnect, alter, remove, or replace the Viaero Fiber Networks Equipment. Such access will be provided during regular business hours and with reasonable notice provided. You affirm that you are the legal age of majority in your state and have the authority to provide us with access to the premise, or that you have obtained the necessary approval(s) for us to access the premise. Neither Viaero Fiber Networks personnel, nor Viaero Fiber Networks agents or representatives, shall enter the premise where the Services are provided to perform any work unless a responsible adult is present. You agree to provide Viaero Fiber Networks employees and representatives with a safe working environment while on the premises. If a Viaero Fiber Networks employee or representative deems the working environment unsafe in his or her sole discretion, you agree that Viaero Fiber Networks may elect not to provide any services on the premise, until such premise is deemed safe by Viaero Fiber Networks . You agree to indemnify and hold harmless (including costs and reasonable attorney’s fees) Viaero Fiber Networks personnel and/or our agents or representatives from any claim by the owner of the premise arising out of our performance of this Agreement.
Neither Viaero Fiber Networks , nor its agents or representatives, shall be liable for any effects of normal installation or repair workmanship, except for damages caused by gross negligence or willful misconduct by Viaero Fiber Networks personnel, or its agents and representatives. Subject to other limitations on liability contained in this Agreement, Viaero Fiber Networks ’s liability for damages associated with the installation, maintenance, or repair of the Viaero Fiber Networks Equipment shall not exceed an amount equal to the proportionate part of the monthly recurring charge for the Services for the period during which the Services were affected.
We reserve the right to make changes to Viaero Fiber Networks Equipment through downloads or otherwise. If we change our equipment requirements with respect to our offered Services, you acknowledge you may not be able to receive such Services with your current Viaero Fiber Networks Equipment. Your continued use of the Services after such changes will constitute your consent to continue using the Services, as so changed.
You agree not to relocate any of the Viaero Fiber Networks Equipment to a premise other than the premise where the Services were initiated and continue to be billed. Viaero Fiber Networks Equipment may be moved to a different premise only when we have approved your change of residence request. When changing your services or transferring your services to a new location, we require that your account be in good standing, and your credits or charges from your previous premise shall be transferred to your new premise where services will be rendered.

Fiber Network

You understand and agree that the fiber installed or provided by Viaero Fiber Networks will remain connected on the premise through the duration of your Services with us, as well as after termination of the Services. Fiber service is installed either underground or aerial, and will usually follow the same route as existing telephone or television cabling. You acknowledge that Viaero Fiber Networks will need access to either your front or back yard, depending on your neighborhood power and communications utility locations. For new and existing single unit installations, the fiber shall become a fixture to the realty upon installation. You shall be responsible for the payment of any damages resulting from your or a third party’s negligence or misuse of the fiber network. You acknowledge and agree that you or a third party may not remove, replace, rearrange, attach to, or repair the fiber network. You may otherwise be held responsible for the cost of rectifying the fiber network and we may terminate or suspend your Services.
Customer Equipment. “Customer Equipment” means software, hardware or services that you choose to use in connection with the Service(s) and that is not provided or leased by us or our agent. Notwithstanding the last sentence, any equipment purchased by you from us (or our agent) and under an express sale agreement shall constitute “Customer Equipment”. You agree to allow us and our agents the rights to insert necessary hardware in the Customer Equipment, send software and/or “downloads” to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment. You warrant you are either the owner of the Customer Equipment or that you have the authority to give us access to the Customer Equipment. If you are not the owner of the Customer Equipment, you are responsible for obtaining any necessary approval from the owner to allow us and our agents access to the Customer Equipment to perform the activities described in this paragraph. In addition, you agree to supply us or our agents, if we request, the owner’s name, address and phone number and/or evidence that the owner provided such authorization. For avoidance of doubt, “Customer Equipment” does not include Viaero Fiber Networks Equipment for which you have paid an Unreturned Equipment Fee.

Maintenance and Ownership of Equipment and Software

Viaero Fiber Networks Equipment and Fiber. “Viaero Fiber Networks Equipment” means all new or reconditioned equipment that we or our agent provides or leases to you, including, but not limited to, cabling or wiring (except for Inside Wiring, as defined in Section 6(c) below) and related electronic devices, modems, routers, CableCARDs, and any other hardware and includes all software and programs contained within Viaero Fiber Networks Equipment or downloaded to Customer Equipment by us. You expressly agree that you will use the Viaero Fiber Networks Equipment exclusively in connection with the Service(s). You agree that all Viaero Fiber Networks Equipment belongs to us or other third parties and will not be deemed fixtures or in any way part of the Premises. We may remove or change the Viaero Fiber Networks Equipment at our discretion at any time the Service(s) are active or following the termination of your Service(s). You acknowledge that any addition to, removal of or change to the Viaero Fiber Networks Equipment may interrupt your Service(s). You may not sell, lease, abandon, or give away the Viaero Fiber Networks Equipment, or permit any other service provider to use the Viaero Fiber Networks Equipment, including Viaero Fiber Networks Equipment for which an Unreturned Equipment Fee has been paid. The Viaero Fiber Networks Equipment may only be used in the Premises unless expressly permitted by us. At your request, we may relocate the Viaero Fiber Networks Equipment for an additional charge. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE VIAERO FIBER NETWORKS EQUIPMENT OR SERVICE(S) AT A LOCATION OTHER THAN THE PREMISES OR OTHERWISE EXPRESSLY AUTHORIZED BY US, THE SERVICE(S) MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY. You agree that you will not allow anyone other than us or our agents to service the Viaero Fiber Networks Equipment. You are responsible for loss, repair, replacement and other costs, damages, fees and charges if you do not return the Viaero Fiber Networks Equipment to us in an undamaged condition.
Customer Equipment.

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 orfunctionality of the Customer Equipment or the Service(s).

Non-Recommended Configurations. Customer Equipment that does not meet our minimum technical or other specifications constitutes a “Non-Recommended Configuration”, including, but not limited to, modems not currently certified by us as compatible with Internet or Voice; Customer Equipment, including, but not limited to: certain makes or models of alarm and security systems or devices, certain medical monitoring devices, personal emergency alert, and home detention devices, certain fax machines, and certain “dial-up” modems, rotary-dial phone handsets, pulse-dial phone handsets, private branch exchange (PBX) equipment, answering machines, and traditional Caller ID units. We reserve the right to deny support for the Service(s) and/or terminate Service(s) if you use a Non-Recommended Configuration. We do not guarantee that Non-Recommended Configurations will be able to be operate successfully by and through the Service(s). You understand that installation, access, operations, or use of a non-recommended configuration could cause customer equipment to fail to operate or cause damage to customer equipment, you or your premises, or Viaero Fiber Networks equipment. You agree to not hold Viaero Fiber Networks , their affiliates, or agent liable for any such failure or damage that may result from the use of non-recommended configurations.
No Unauthorized Devices or Tampering. You agree not to attach or assist any person to attach any unauthorized device to, or otherwise tamper with, our cable network, Viaero Fiber Networks Equipment or the Service(s) for any purpose, including, but not limited to the unauthorized reception of the Service(s). If you make or assist any person to make any unauthorized connection or modification to or otherwise tamper with Viaero Fiber Networks Equipment or the Service(s) or any other part of our cable network, we may terminate the Service(s) and recover damages resulting from your actions. You also agree that you will not attach anything to the Inside Wiring, Viaero Fiber Networks Equipment, or Customer Equipment, whether installed by you or us, which impairs the integrity of our cable network or degrades our cable network’s signal quality or strength or creates signal leakage. You agree that it would be difficult, if not impossible, to calculate precisely the lost revenue resulting from your receipt of unauthorized Service(s) or the tampering with Viaero Fiber Networks Equipment or our network and therefore you agree to pay us as liquidated damages, the replacement cost of all Viaero Fiber Networks equipment, without deducting for depreciation or regular wear and tear, including any incidental costs resulting from your or a third party’s negligence or misuse of Viaero Fiber Networks ’s network. The unauthorized reception of the Service(s) may result in criminal fines and/or imprisonment.
Inside Wiring. You are permitted to install wiring inside the Premises (“Inside Wiring”) so long as the additional wiring does not interfere with the normal operations of our network.
End User Software Licenses. Software or applications may be required to use certain features of the Service(s). You agree to comply with the terms and conditions of all end user license agreements accompanying any software or plug-ins to such software distributed or used in connection with the Service(s) including, without limitation, the Internet Terms and Conditions as well as the Viaero Fiber Networks Service Terms & Conditions, https://www.Viaero Fiber Networks .com/support/legal, as these agreements may be amended from time to time. All such agreements are incorporated in this Agreement by reference. When this Agreement terminates, all end user licenses also terminate and you agree to destroy all versions and copies of all software received by you in connection with the Service(s).
Limited, Revocable License. The Service(s) and Viaero Fiber Networks Equipment, including, but not limited to, any firmware or software embedded in the Viaero Fiber Networks Equipment or used to provide the Service(s), are protected by trademark, copyright, patent and/or other intellectual property laws and international treaty provisions. You are granted a limited, revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the Viaero Fiber Networks Equipment or used to provide the Service(s). You shall not take any action nor allow anyone else to take any action that will reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.

Use of Services

You agree that the Service(s) and the Viaero Fiber Networks Equipment will be used only for personal, residential, non-commercial purposes, unless otherwise specifically authorized by us in writing. You are prohibited from reselling or permitting another to resell the Service(s) in whole or in part, or using or permitting another to use the Viaero Fiber Networks Equipment or the Service(s), directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any policy we post applicable to the Service(s). Use of the Viaero Fiber Networks Equipment or Service(s) for transmission, communications or storage of any information, data or material in violation of any U.S. Federal, State or local regulation or law is prohibited. You acknowledge that you are accepting this Agreement on behalf of all persons who use the Viaero Fiber Networks Equipment and/or Service(s) at the Premises or at other locations authorized by us and that you shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and any applicable policies including, but not limited to, our acceptable use and privacy policies. You are liable for all authorized and unauthorized use of the Service(s) and you agree to notify us immediately in writing or by calling [Viaero Fiber Networks Number]during normal business hours if the Viaero Fiber Networks Equipment has been stolen or the Service(s) is used without your authorization. If you fail to notify us in a timely manner, the Service(s) may be terminated without notice and you may incur additional charges.
The Internet Terms and Conditions as well as other Policies that me applicable to use of the Service(s) is available at https://www.Viaero Fiber Networks .com/support/legal. You acknowledge that Viaero Fiber Networks may modify the Internet Terms and Conditions or other Policies with or without notice, by posting a new version of the Open Internet/Fair Usage Policy or other Policy. You and the other users of the Service(s) should consult the Internet Terms and Conditions and all other posted Policies regularly to conform to the most recent version. We reserve the right to limit or block any service usage as we deem necessary to prevent harm to our network, fraud, or other abuse of the service(s).

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

Your Obligations Upon Termination. You agree that upon termination of this Agreement you will do the following:

You will immediately cease all use of the Service(s) and allViaero 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 ViaeroFiber 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.

Unreturned Equipment Fee. “Unreturned Equipment Fee” refers to a fee charged by Viaero Fiber Networks to a subscriber for any unreturned Viaero Fiber Networks Equipment upon termination of the services provided under this Agreement. Even if an Unreturned Equipment Fee has been paid, Viaero Fiber Networks Equipment shall not be resold, used or operated in any manner.

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

Application. The limitations of liability set forth in this Section apply to any acts, omissions, and negligence of us and our underlying third-party service providers, agents, suppliers, distributors, licensors and business partners (and their respective officers, employees, agents, contractors or representatives) which, but for that provision, would give rise to a cause of action in contract, tort or under any other legal doctrine.
Customer Equipment. YOU UNDERSTAND THAT CUSTOMER EQUIPMENT MAY NEED TO BE OPENED, UPDATED, ACCESSED OR USED EITHER BY YOU OR BY US OR OUR AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS, IN CONNECTION WITH THE INSTALLATION, UPDATING OR REPAIR OF THE SERVICE(S). THE OPENING, ACCESSING OR USE OF CUSTOMER EQUIPMENT USED IN CONNECTION WITH THE SERVICE(S) MAY VOID WARRANTIES PROVIDED BY THE MANUFACTURER OR OTHER PARTIES RELATING TO THE CUSTOMER EQUIPMENT HARDWARE OR SOFTWARE. NEITHER WE NOR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS, SHALL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES. NEITHER WE NOR ANY OF OUR AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO THE CUSTOMER EQUIPMENT EXCEPT AS MAY BE CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY US, OUR SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WE SHALL PAY AT OUR SOLE DISCRETION FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $500. THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.
Other Services or Equipment. BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST US FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE VIAERO FIBER NETWORKS EQUIPMENT OR THE SERVICE(S) AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE SERVICE(S) IN ACCORDANCE WITH SECTION 9.
Software. We make no representation or warranty that any software or application installed on Customer Equipment, downloaded to Customer Equipment, or available through the Internet does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect any Customer Equipment from damage to its software, files, and data as a result of any such virus or other harmful feature. We may, but are not required to, terminate all or any portion of the Service(s) if a virus or other harmful feature or software is present on your Customer Equipment. If we decide, in our sole discretion, to install or run virus check software on your Customer Equipment, we make no representation or warranty that the virus check software will detect or correct any or all viruses. You acknowledge that you may incur additional charges for any service call related to a virus or other harmful feature detected on the Customer Equipment. NEITHER WE NOR OUR AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT. In addition, as part of the installation process for the software and other components of the Service(s), system files on the Customer Equipment may be modified. We do not represent, warrant or covenant that these modifications will not disrupt the normal operations of any of the Customer Equipment including the loss of files. We do not represent, warrant, or covenant that the installation of the special software or applications or access to our Web portal(s) will not cause the loss of files or disrupt the normal operations of any of the Customer Equipment. FOR THESE AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL FILES TO ANOTHER STORAGE MECHANISM AND YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE NOT TO BACK UP FILES. NEITHER WE NOR OUR AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA.
Disruption of Service. The Service(s) are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service(s) could lead to severe injury to business, persons, property, or environment (“High Risk Activities”). These High-Risk Activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from Force Majeure Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Service(s), directly or indirectly caused by, or proximately resulting from, any circumstances beyond our immediate control, including, but not limited to, causes attributable to you or your property; inability to obtain access to the Premises; failure of any signal at the transmitter; failure of a communications satellite; loss of use of poles, or other utility facilities; labor disputes; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Service(s).

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.

Third Parties. Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that we may use third parties to provide components of the Service(s), including without limitation, their services, equipment, infrastructure, or content. We shall not be bound by any undertaking, representation or warranty made by an agent, or employee of ours or of our underlying third-party providers and suppliers in connection with the installation, maintenance, or provision of the Service(s), if that undertaking, representation, or warranty is inconsistent with the terms of this Agreement. We are not responsible for any services, equipment, infrastructure, and content that are not provided by us, or the performance (or non-performance) of third-party services, equipment, infrastructure, or content, even if they are components of the Service(s), and we shall have no liability with respect to such services, equipment, infrastructure, and content. You should address questions or concerns relating to such services, equipment, infrastructure, and content to the providers of such services, equipment, infrastructure, and content. We do not endorse or warrant any third-party products, services, or content that are distributed or advertised over the Service(s).
Damages. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER WE, NOR OUR AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT OR CONTRACT) HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS:

(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 INCONNECTION 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.

Customer’s Sole Remedies. Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. Certain of the above limitations may not apply if your state does not allow the exclusion or limitation of implied warranties or does not allow the limitation or exclusion of incidental or consequential damages. In those states, our liability and of our employees, affiliates, suppliers, agents, contractors, distributors, licensors and business partners is limited to the maximum extent permitted by law.
Survival of Limitations. All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.

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

Purpose. Any Dispute involving you and us shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court.
Definitions. This Arbitration Provision shall be broadly interpreted. “Dispute” means any claim or controversy related to us or our relationship, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before this or any prior Agreement; (3) claims that arise after the expiration or termination of this Agreement, and (4) claims that are the subject of purported class action litigation.
Exclusions. NOTWITHSTANDING THE FOREGOING, THE FOLLOWING DISPUTES WILL NOT BE SUBJECT TO ARBITRATION: (i) DISPUTES RELATING TO THE SCOPE, VALIDITY, OR ENFORCEABILITY OF THIS ARBITRATION PROVISION; (ii) DISPUTES THAT ARISE BETWEEN US AND ANY STATE OR LOCAL REGULATORY AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL, STATE, OR LOCAL LAW TO GRANT A FRANCHISE UNDER 47 U.S.C. § 522(9); (iii) DISPUTES THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE AND (IV) CLAIMS BROUGHT BY OR AGAINST A CUSTOMER THAT HAS OPTED OUT OF ARBITRATION SET FORTH HEREIN.
Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-7879). You may deliver any required or desired notice to us by mail to Viaero Fiber Networks Wireless, Attn: Legal, 1224 West Platte Ave., Fort Morgan, CO 80701.
Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or we may elect to have an action heard in a small claims court in the area where you receive Service(s) from us if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern. If the AAA will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. Unless you and we agree otherwise, any arbitration hearing will take place at a location convenient to you in the area where you receive Service(s) from us. If you no longer receive Service(s) from us when you notify us of your Dispute, then any arbitration hearing will take place at a location convenient to you in the county where you reside when you notify us of your Dispute provided that we offer Service(s) in that county, or in the area where you received Service(s) from us at the time of the events giving rise to your Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
Arbitral Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA rules. If your claims seek less than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be split between the parties; however, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules and you shall reimburse us for all fees and costs incurred under the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, we will pay all fees and costs that we are required by law to pay.
Right to Opt Out. You may decline to have disputes with Viaero Fiber Networks arbitrated by opting out. Doing so means neither you nor Viaero Fiber Networks can require the other to participate in arbitration proceedings, and each of us may sue the other in a court of law. To opt out, you must notify Viaero Fiber Networks within thirty (30) days of the date you first became subject to the Agreement by using our Services. To opt out of this arbitration Section, please send us a written opt out request to the address listed below, with your name, address, account number, and a statement that you do not wish to resolve any dispute(s) with Viaero Fiber Networks through arbitration, and would like to therefore opt out of this Agreement’s arbitration obligation. Please note, your decision to opt out of this Section will not result in any adverse effect on your relationship with us or the delivery of your Services.

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

Jury Trial. To the extent permitted by applicable law, for any Disputes relating to this Agreement not submitted to arbitration, and properly brought in a public court of law, Viaero Fiber Networks and you hereby knowingly, voluntarily, intentionally, and irrevocably waive the right to a trial by jury in respect to any litigation based hereon or arising out of this Agreement, or any other dispute or controversy between Viaero Fiber Networks and you. All Disputes, irrespective of whether or not submitted to arbitration, shall be subject to this Section hereof.

Miscellaneous

Entire Agreement. This Agreement and any other documents incorporated by reference constitute the entire agreement and understanding between you and us with respect to the subject matter of this Agreement and replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. We do not waive any provision or right if we fail to insist upon or enforce strict performance of any provision of this Agreement. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of this Agreement.
Additional Representations and Warranties. In addition to representations and warranties you make elsewhere in this Agreement, you also represent and warrant that:
- Age: You are at least 18 years of age.
- Customer Information: You represent and warrant that you have provided us with information that is accurate, complete and current, including without limitation your legal name, address, telephone number(s), the number of devices on which or through the Service(s) is being used, and payment data (including without limitation information provided when authorizing recurring payments). YOU AGREE TO NOTIFY US IMMEDIATELY IF THERE IS ANY CHANGE IN THE INFORMATION THAT YOU HAVE PROVIDED TO US, INCLUDING WITHOUT LIMITATION ANY CHANGE IN YOUR TELEPHONE NUMBER OR MOBILE TELEPHONE NUMBER. FAILURE TO DO SO IS A BREACH OF THIS AGREEMENT. IF YOU OWE ANY OUTSTANDING AMOUNTS FOR THE SERVICE(S) OR HAVE ANY UNRETURNED EQUIPMENT, THIS OBLIGATION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND SHALL CONTINUE UNTIL YOU PAY ALL OUTSTANDING AMOUNTS IN FULL AND RETURN ALL EQUIPMENT. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227), AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Protection of Our Information and Marks. All Service(s) information, documents, and materials on our websites are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “marks”) of ours and our affiliates are and shall remain our exclusive property. Nothing in this Agreement shall grant you the right or license to use any of the marks.
Export Laws. You expressly agree to comply with all applicable export and re-export laws, including, but not limited to, the Export Administration Act, the Arms Export Control Act, and their implementing regulations. You further expressly agree not to use the Service(s) in any way that violates any provision of such laws or their implementing regulations.
Retention of Rights. Nothing contained in this Agreement shall be construed to limit our rights and remedies available at law or in equity.” Upon termination of this Agreement for any reason, we and our agents reserve the right to delete all your data, files, electronic messages or other information that is stored on our or our suppliers’ servers or systems. In addition, you may forfeit your account user name and all e-mail, IP and Web space addresses, and voice mail. In the event you cancel Voice without porting your voice service and the telephone number to another service provider, you will forfeit the telephone number. We shall have no liability whatsoever as the result of the loss of any such data, names, addresses, or numbers.
Monitoring and Recording. You agree that Viaero Fiber Networks and its agents may monitor and record any telephone calls or other voice, data or image communications that are transmitted between: (1) Viaero Fiber Networks and its agents and (2) you, your agents, any user of your Service(s) or Equipment, or any user of any phone numbers associated with your account.

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 ofthe following ways, as determined in our discretion: (1) by posting it on https://www.viaero.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.viaero.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 FIBER NETWORKS PRIVACY POLICY

We have created the Viaero Fiber Networks Fiber Networks Privacy Policy (the “Policy”) to explain our privacy practices. When you use any Viaero Fiber Networks 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 anyof our products or services.

Viaero Fiber Networks 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 inlocating 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:

Information You Give Us

We collect information you give us when you purchase a Viaero Fiber Networks Fiber Networks product oruse 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.

Automatically Collected Information

We automatically receive certain types of information whenever you interact with us. For example, when you visit a Viaero Fiber Networks 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.

Information from Other Sources

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 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 ofpersonal 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 Wireless. If that happens, any informationcollected 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

Internal Use

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 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 Fiber Networks discloses personal information to third parties.

Disclosure of Personal Information

Information about our customers is one of our most importantbusiness 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 Fiber Networks discloses depends on the service and in some cases the choices you have made.

Viaero Fiber Networks 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:

In writing;
Verbally;
Online by clicking a button;
Through the use of a dialing string or button on a wireless device or handset; or
At the time of initiation of a particular service offering, when your consent is part of the required terms and conditions to use that service.

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 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 Fiber Networks sometimes discloses personal information about the account to third parties such as credit bureaus. Credit bureaus may use the 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 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 anysuch transaction, you should review their privacy policies as well.

From time to time you may be able to participate incontests, giveaways, or other similar promotions we sponsor. Except asexplained otherwise in the rules for a particular contest, giveaway, orpromotion, any personal information you provide will be used in accordance withthis 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 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; protectour rights or property, or protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, suchservices; 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 Wireless’ 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 Wireless, 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 adivision of the Department of Homeland Security..

Viaero Fiber Networks 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 Webpage; 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 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 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 Fiber Networks Placement of Advertising on Other Web Sites

Viaero Fiber Networks Fiber Networks may use third-party ad serving companies to place advertisements about our products and services on other Websites. 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 adserving companies use an anonymous number to identify you, NOT your name, address, phone number, email address, or anything that personally identifiesyou. The use of such cookies is subject to the ad serving company’s privacy policy, not the Policy of Viaero Fiber Networks Wireless.

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 radiotower/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 serviceprovider 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 ofdeath 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 toserve 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 Wireless. 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 Wireless, 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 auto dialer 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 oursystems. 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 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 FiberNetworks Fiber Networks has no controlover the security of other sites on the Internet you might visit, interactwith, 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 personalinformation is your own effort to protect against unauthorized access to yourwireless device and the personal information contained in it and on your SIMcard. Most phones and wireless PDA-type devices store calling information bothin the phone and on the SIM card. Therefore, before discarding your phone orPDA, trading it in or giving it away, be sure you remove and retain your SIMcard and follow the manufacturer’s instructions for deleting all personalinformation on the device itself. (This can be found in your owner’s manual oron the manufacturers’ Web site.)

In addition, use passwords to prevent unauthorized access toyour 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 inyour account records online (go to My Account on this Web site) or by contacting Customer Service at 1 (877) 4-VIAERO FIBER NETWORKS (1.877.484.2376).

Updating this Policy

Viaero Fiber Networks 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 informyou of products we think will be of interest, or if the law so requires. Youshould refer back to this page often for the latest information and theeffective date of any changes.

If, however, users’ personally identifiable information willbe 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 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.

If you have questions about your Viaero Fiber Networks Fiber Networks service, you can call acustomer service representative at 1 (877) 4-VIAERO (1.877.484.2376).

Refund Policy

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

No refund will be considered until completion of the next full billing cycle.

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

A refund may be received for such credit balance by calling Customer Care at 1-877-484-2376 and requesting a refund.
Requests for refund are processed once per week and in the event that:
- cash payment was received, checks are usually mailed within 4 weeks
- payment by check, checks are mailed within approximately 4 weeks of the date the check clears the Viaero Fiber Networks Fiber Networks bank account
- in the event a credit card or other electronic payment was made, cleared the Viaero Fiber Networks Fiber Networks bank account and beyond any refund, charge-back or payment revocation period for such credit or electronic payment system or vendor, will result in a refund check being mailed to Customer within approximately 4 weeks

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 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.

The first category is Basic Phones. These phones may or may not have features such as a camera, internet access, multimedia player or expandable memory with key functions of calling and messaging
The second category is Smart Phones. These phones have advanced features such as a camera, Bluetooth, some desktop functions, e-mail and Internet access.

Download List of HAC Phones

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

The Federal Communications Commission (FCC) defines HearingAid Compatibility (HAC) for wireless devices in terms of radio-frequency (RF)emissions and telecoil coupling. Cell phones are tested to see if they complywith 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 canbe used with a hearing aid on the microphone setting.

“T” refers to the device’s telecoil coupling ability, andmeans the device is intended for use with hearing aids in telecoil mode. Thehigher the “T” rating number on the device, the more likely the device can beused with a hearing aid on the telecoil setting.

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

Additional Information

Open Internet Disclosure

Open Internet Disclosure/Fair Usage Policy

NEColorado Cellular, Inc. d/b/a Viaero Fiber Networks Fiber Networks (“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 Viaero Fiber Networks 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 Networks’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 childpornography), 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 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 tothe 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 createdby a customer while using the Viaero Fiber Networks network or accessible using IP Services. Customers are responsible for taking prompt corrective action to remedy aviolation 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 andmay 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 (Kbpsor 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 Networks Fiber Networks 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 endpoints 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 maybe 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 auser’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.

The Unlimited data plans on mobile devices may be used for smartphone mobile hot spot (tethering). After the daily limit of mobile hotspot or tethering data is used, tethering speed is slowed for the rest of that day. Depending on the capability of your device, tethering your device to other lawful devices is permitted pursuant to the terms, conditions, and allotments of your Data Plan; provided, however, the data is to be used for the consumer and not provided to any third parties. Data used through a consumer’s device by third parties will only be traceable to the consumer’s device, and as such consumer’s data allotments will be reached sooner, possibly resulting in overages or slower speeds.

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 Careat (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 ofothers, may be suspended or terminated.

Broadband Labels

BroadbandFacts (CSV)

Contact Information

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

Service Terms and Conditions

These Service Terms and Conditions serve as the agreementbetween the subscriber listed on the Subscriber Enrollment Form (“Subscriber”) and NE Colorado Cellular Inc.d/b/a Viaero Fiber Networks Fiber Networks (“Company”), along with the Privacy Policy, the Internet Terms and Conditions and other applicable policies and updates are located at https://www.viaero.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 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 theseTerms 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 atthe 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 THESTANDARD 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’saccount 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:

Services may be affected by transmission, capacity, and device limitations;
Services may be temporarily refused, limited, interrupted, or curtailed due to governmental regulations, government orders, system capacity limitations, equipment modifications, upgrades, relocations, repairs or similar activities necessary or appropriate to ensure proper operation of the Services; and
some data services may only be available in select locations. Subscriber must live within operating range of the Home Network.

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:

server or remote application operation, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections, peer-to- peer (“P2P”) file sharing, remote telemetry, or Supervisory Control and Data Acquisition, unless specifically set forth otherwise in Subscriber’s plan;
substitutes or backups requiring full-time or dedicated data connections;
automated or manual routines which generate excessive amounts of network traffic;
sending or facilitating the sending of unsolicited bulk (spam) email;
software or other device operations that maintain continuous active Internet connections when a connection would otherwise be idle; or
redirecting television signals for remote viewing on a computer, as that term is defined in title 18, title 1030 (e)(1) of the United States Code (“Computer”).

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.viaero.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 totheir 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 terminationof 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 billor 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 theHome 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 ourtier 1 roaming partners at up to 10 Mbps down/up, then throttled to 1 Mbpsdown/up for the remainder of the thirty-day period. For all other North America roaming partners, Subscribers Roaming Usage allow ance 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 Roamingusage may be delayed by up to 30 days due to reporting betweencarriers. Displays on Devices may not indicate whether Subscriber will incurroaming charges. Certain Services may not be available while Roaming andcertain tenure, billing and credit restrictions and additional charges mayapply. Subscriber understands and acknowledges that a Device may transmit andreceive data messages without user intervention and that such Roaming cangenerate 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 isRoaming in countries other than the United States, Mexico, or Canada, theCompany reserves the right, at its sole discretion, to limit data speeds, denyaccess to certain Services, or deny use of the International Roaming carrier’snetwork. International roaming data speeds for all carriers are 512 kbpsdown/up for up to 10 MB, 128 kbps down/up for 10-50 MB, 64 kbps down/up for50-100 MB, and 16 kbps down/up for over 100 MB of usage. These amounts are perday and reset at midnight MST/DST. Cruise ship data allowances are 512 kbpsup/down for up to 100 MB, 256 kbps up/down for 100-150 MB, and 0 kbps for over150 MB of usage. Cruise ship data allowances reset the 1st of each month.

Special Terms and Conditions Related to Viaero FiberNetworks “Love It or Leave It” ReturnPolicy

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

Customer must provide Company notice of cancellation; and,
Customer must return all purchased equipment, in like new condition in its original packaging. Customer will be charged full replacement cost for any phone or data device not returned in like new condition. Customer will receive a refund for the costs of equipment only, less any actual usage charges incurred prior to cancellation. Local, state and federal taxes are not refundable. Refunds will only be issued by check via US mail within 6-8 weeks of return.

Special Terms and Conditions Related to Viaero FiberNetworks “Love it or Leave It” EquipmentExchange Policy

The “Love It or Leave It” exchange policy applies toexchanges of new phone and data devices purchased from the Company inconjunction with a Standard Term and excludes color preferences. Customers mayreturn phone equipment for exchange within fourteen (14) days ofpurchase, provided the equipment is returned in like new condition in
original packaging. Only one exchange can take place within 14 days of originalpurchase, and is subject to
a $35 restocking fee. The exchange must be for a differentCompany handset/data model – no exchanges into the same model are allowed. Ifan exchange is approved, a credit will be applied towards a new phone or datadevice equal to the actual amount paid for the returned phone or data device –minus any restocking or other non-refundable fees/taxes. Customer will becharged Viaero Fiber Networks ’s current retail price for any new phone or datadevice(s). Customer is responsible for the payment of any price difference atthe 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’saccount.

Deposits

Company may require an applicant or Subscriber to make asuitable deposit for a reasonable time period with the Company to be held as aguaranty of the payment of charges. If not prohibited by applicable laws ortariffs, deposits received by Company may be commingled with other Companyfunds, and Company need not accrue interest for Subscriber’s benefit unlessCompany in its sole discretion decides to do so. Upon termination of thisAgreement, any deposit or advance service charges will be applied to pay anycharges then or thereafter due and any excess will be returned without interestwithin 75 days after termination to Subscriber at itslast-known address. If the U.S. Postal Service is not able to deliver suchfunds to Subscriber and returns the funds to Company, such returned unusedadvanced payments or deposit funds shall be maintained for the account ofSubscriber for one year, subject to an account servicing fee of $10 permonth. Any portion remaining after such one-year period shall beconclusively deemed to have been forfeited by Subscriber and shall thereafterbe the Company’s property. Company may adjust the deposit amount at any time toreflect revised estimated monthly charges based on actual usage. The fact thata deposit has been made does not relieve Subscriber from prompt payment ofbills, nor does it constitute a waiver or modification of the provisions ofthis Agreement allowing discontinuance of Services and/or termination of thisAgreement for nonpayment of any sums due.

Sales Tax, Etc.

In addition to the costs of Services provided under thisAgreement, Subscriber shall pay any applicable sales, use, public utility grossreceipts or other taxes, interconnect costs, universal service or othergovernmental fees, or charges imposed on Company, as a result of providing theServices or the Device to Subscriber. Such taxes and fees will be added to theSubscriber’s bill when imposed or required by law and any such taxes, fees, orcharges paid by Company will be reimbursed by Subscriber. Company may alsoimpose reasonable fees for unfunded governmental mandates on a prorate basisamong all subscribers. Any promotion notwithstanding, Subscriber shall beresponsible for all applicable taxes and fees.

Billing and Payment of Charges

The first month’s charges are payable in advance uponexecution of an applicable Agreement or with the purchase of a Pre-paid Servicepackage. Subscribers may change to another rate plan currently offered for newactivations 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. Subscriberis responsible for payment of all charges for Services furnished, together withusage charges (which are in addition to regular monthly service charges) forall calls processed through Subscriber’s Device or through any telephone numberassigned to Subscriber including but not limited to any applicable landlineaccess charges, and toll charges resulting from the origination of calls topoints outside Company’s local calling area. Monthly charges for cellularsystem access and for any optional Device or Service features selected bySubscriber are billed one month in advance, with charges prorated (ifnecessary) for beginning and ending months of Service. All charges for usagewhich are billed by a third party to Company will be included in theSubscriber’s bill as soon as possible thereafter. Payments are delinquent ifnot received by Company by the due date shown on the monthly invoice. IfSubscriber has authorized charges to be made against a credit card account,Company will charge amounts due to the credit card account prior to the duedate. No additional notice to or consent of Customer shall be required forauthorized charge. If Subscriber has not authorized charges to be made to acredit card account, or if charges made to the credit card account are notpaid, payment must be received on or before the due date. Subscriber agreesthat (a) time is of the essence; (b) it would be impractical to fix the exactamount of Company’s damages if Subscriber fails to pay promptly; and (c) in theevent of such failure, Subscriber shall pay Company as liquidated damages oneand one- half percent (1.5%) per month of any amount not paid when due, whichfee shall be paid for every month the amount is unpaid and shall be prorated ona daily basis for each day that payment is overdue; provided such charge ispermitted according to any applicable tariff or law and further provided suchliquidated damages will not be compounded monthly. Acceptance by Company ofchecks or drafts shall not constitute a waiver of Company’s right to payment bylegal tender and acceptance of late or partial payments or payments marked“Paid in Full” or similar notations shall not waive any rights of Companyhereunder. Subscriber may, at the option of Company, and in accordance withtariffs (if any), be charged the maximum return check fee allowed by applicablelaw for any check returned for insufficient funds. Inquiries about orobjections to invoices must be in writing and must be received by Company fromSubscriber no later than the due date set forth in the invoice; provided,however, all amounts due to Company, including disputed amounts, must be paidto Company on or before the due date set forth in the invoice. Company willmake good faith efforts to resolve disputes in accordance with Companyprocedures or applicable tariffs (if any). Notwithstanding anything herein, ifpayments, fees, costs or other charges are deemed hereunder as interest, andthe aggregate of such charges are in excess of the highest rate allowed byapplicable law, then the aggregate of such charges shall be reduced to thehighest rate allowable pursuant to such applicable law.

Failure to Pay

If Subscriber fails to pay any sum due hereunder, breachesany representations herein, fails to perform any of its obligations at the timeand in the manner specified in this Agreement, fails to maintain any Devicewithout damage or interference to Company business or facilities, or becomesthe subject of any proceeding under the Bankruptcy Act or become insolvent,Company may discontinue Service at any time without notice or terminate thisAgreement. Subscriber shall remain liable for the payment of all charges due toCompany under this Agreement, which shall be immediately due and payable.Subscriber may be subject to reactivation charges if Service is subsequentlyrecommenced. These remedies are not exclusive but are in addition to allremedies provided by law or equity. In the event of Subscriber’s default,Subscriber will pay court costs, attorney fees, and similar expenses related tothe enforcement of any rights or privileges hereunder. Time is of the essenceand Company’s failure at any time to require strict performance by Subscriberof any of the provisions hereof shall not waive or diminish Company’s right tothereafter 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 OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ALL SUCH WARRANTIES AREEXPRESSLY EXCLUDED.

Limitation of Liability

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

Act or omission of a third party, including a different carrier;
Mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Services or Devices provided by or through the Company;
Damage or injury caused by the use of the Services or Devices, including use in a vehicle;
Claims brought against Subscriber by any third party;
Damage or injury caused by a suspension or termination of Services by Company; or
Damage or injury caused by failure or delay in connecting a call to 911 or any other emergency service.

Notwithstanding the foregoing, the liabilities of theCompany (if any), for any mistakes, omissions, interruptions, delays, errors,defects or other failure in the Services furnished shall not exceed the amountof prorated monthly charges to Subscriber for said Services during the periodso affected. Subscriber agrees to indemnify and hold harmless the Company, fromand against all costs, expenses, acts, actions or claims, in any way arisingout of, connected with, or resulting from the activities contemplated by thisAgreement, whether brought by Subscriber, its employees, agents, customers, orany third parties. In the event Subscriber has authorized Company to chargeamounts due against its credit card account, the indemnification and holdharmless agreement contained in this paragraph shall extend to claims,expenses, liabilities, or damages arising in connection with use or ownershipof the credit card account or from the issuer’s refusal to pay amounts chargedto such credit card account. Subscriber further agrees to pay Company’sreasonable attorney’s fees and costs arising from any such actions or claimsand 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 youremergency and provide both your location and phone number, as the operator maynot automatically receive this information. We are not responsible for failuresto connect or complete 9-1-1 calls or if inaccurate location information isprovided. 9-1-1 service may not be available or reliable and your ability toreceive emergency services may be impeded. We may use a variety of informationand methods to determine the location of a 9-1-1 call, including GlobalPositioning Satellites, our wireless network, the street address you haveprovided us as your primary use location (“Primary Address. Even with thisinformation, an emergency operator may not be able to locate you in order toprovide emergency services. Other third party entities are involved inconnecting a 9-1-1 call and we do not determine the public safety agency towhich your 9-1-1 call is routed. If you are porting a phone number to or fromus, we may not be able to provide you with some Services, such as 9-1-1location services, while the port is being implemented. If you dial 9-1-1 whileoutside the U.S., 9-1-1 services may not be available. Wi-Fi and 9-1- 1Service: 9-1-1 service using Wi-Fi uses the internet and operates differentlythan traditional 9-1-1. For example, 9-1-1 service may not work during power orinternet (e.g., cable service) outages or disruptions. Location informationwhen using Wi-Fi may be limited or unavailable. You must provide us with aPrimary Address. If the location at which you primarily use Wi-Fi changes,either temporarily or permanently, you must notify us by contacting CustomerCare; it may take 24 hours or more to update the addressinformation. If you do not give us a Primary Address, we may terminate yourService. When you call over Wi-Fi away from your Primary Address, we may haveno or very limited information about your location.

Privacy

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

No Agency Created

This Agreement does not in any way create the relationshipof principal and agent, joint venture, partner, or employer and employeebetween Company and Subscriber and under no circumstances shall Subscriber holdout 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 dutiesunder this Agreement, without notice to Subscriber. Upon such assignment,Company shall be released from all liability hereunder. Subscriber may assignthis Agreement only upon the prior written consent of Company. Subject to thisrestriction, this Agreement shall apply to, inure to the benefit of, and bebinding upon the heirs, successors, subcontractors, and assignees of therespective parties.

Notices

Notices to Subscriber shall be deemed given if deposited inthe U.S. Mail addressed to the Subscriber’s last known address as shown on theSubscriber Enrollment Form. Notice to Company shall be deemed given whenreceived by the Company at 1224 West Platte Avenue, Fort Morgan, CO80701 Attn: Legal Department. Provided, however, these Terms andConditions may change at any time with or without notice and Subscriber hishereby advised to check the Company’s website at <ahref="https:>www.Viaero Fiber Networks .com/legal forsuch changes or updates.</ahref="https:>

Severability

Should any part or portion of this Agreement be foundinvalid, the balance of the provisions shall remain unaffected and shall beenforceable.

Governing Law and Regulations

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

Dispute Resolution and Arbitration

WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALLCLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OURSERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVEDBY A COURT OF COMPETENT JURISDICTION. This includes any claims againstother parties relating to Services or Devices provided or billed to you (suchas our suppliers, Dealers or third party vendors) whenever you also assertclaims against us in the same proceeding.

For all disputes, whether or not pursued in court, you mustfirst give us an opportunity to resolve your claim by sending a writtendescription of your claim to Viaero Fiber Networks Wireless, Legal Department, 1224 W. PlatteAve, Fort Morgan, Colorado 80701-2949. We each agree to negotiate yourclaim in good faith. If we are unable to resolve the claim within 60 days afterwe receive this claim description, you may pursue your claim in court. We eachagree that if you fail to timely pay amounts due, we may assign your accountfor collection, and the collection agency may pursue any claims limitedstrictly to the collection of the past due amounts and any interest or cost ofcollection permitted by law or the Agreement.

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

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

Acceptance

YOUR AGREEMENT STARTS WHEN YOU ACCEPT. Yourepresent that you are at least 18 years old or have attained the age in yourapplicable jurisdiction that allows you to enter into a contract and you arelegally authorized to enter into this Agreement. You accept your Agreement bydoing any of the following:

giving us a written or electronic signature, or telling us orally that you accept;
activating Service;
using your Service after you make a change or addition;
paying for the Service or a Mobile Device, a Device purchased from a Company Mobile dealer, or other Company Mobile authorized retailer (“Dealer”) for use with the Company Mobile Service); or
opening the Company Mobile SIM kit or failing to activate Service within 30 days after the purchase of your Company Mobile Device.

IF YOU DON’T WANT TO ACCEPT, DON’T DO ANY OF THESETHINGS.

Definitions: Any term with initial capitalization which isnot defined in these Terms and Conditions or in the Viaero Fiber Networks Fiber Networks Assurance Service Plan, theHandset Installment Payment Agreement or the Credit Limit Agreement shall havethe meaning, value or amount set forth in the Subscriber Enrollment Form.

PLEASE READ THIS DOCUMENT CAREFULLY. IT SETS FORTH EACHPARTY’S RIGHTS AND DUTIES AND FULLY DEFINES WHAT IS AND WHAT IS NOT COVERED BYACCEPTING THIS ASSURANCE SERVICE PLAN.

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

NE Colorado Cellular, Inc., d/b/a Viaero Fiber Networks Wireless, 1224 West Platte Avenue,Fort Morgan, Colorado 80701 (“Viaero Fiber Networks ”) hereby agreesto provide to the purchaser of this Viaero Fiber Networks Fiber Networks Assurance Service Plan(“Purchaser”), whose name and address appears on the Subscriber EnrollmentForm, the services described herein (“Replacement Services”), subject to theterms and conditions contained herein. The Viaero Fiber Networks Fiber Networks Assurance Service Plan isreferred to herein as the “Plan.”

Plan Services and Eligibility
- “Qualifying Equipment” shall be defined as the equipment listed on the Subscriber Enrollment Form. All equipment must be specifically identified on the enrollment form by brand, model, serial number, IMEI, or other unique identifying number to be considered Qualifying Equipment. Ancillary equipment included by the manufacturer, such as standard battery, charger, SIM card, or ear piece, is also considered Qualifying Equipment. Under no circumstances shall any equipment purchased from any other vendor besides Viaero Fiber Networks be considered Qualifying Equipment.
- “Replacement Services” shall be defined as the replacement of Qualifying Equipment, upon payment of a replacement fee, with equipment of the same brand and model if available, subject to the terms and conditions of this Plan. If the same model is not available, a replacement of substantially similar features and functionality may be substituted, but specific functionality, brand, or accessory compatibility is not guaranteed. Replacement handsets may be new, repaired, or refurbished models. Once the Qualifying Equipment is returned to Viaero Fiber Networks , the Qualifying Equipment becomes the sole property of Viaero Fiber Networks .
- Subject to the terms and conditions contained herein, Viaero Fiber Networks will provide Replacement Services for Qualifying Equipment if required by defect, wear and tear, mechanical or electrical failure, loss, or verifiable theft, if not otherwise eligible for remedy by the Purchaser’s existing insurance policies, manufacturer warranty or a manufacturer recall.
Plan Enrollment, Payment, and Termination
- The Purchaser will be eligible for services upon Viaero Fiber Networks ’s acceptance of the Purchaser’s enrollment. Enrollment may be made effective (1) at the time of purchase by executing the enrollment form, or (2) within thirty (30) days of purchase by returning to the place of purchase or calling Viaero Fiber Networks Fiber Networks Customer Care and completing the enrollment process. If the Purchaser requests enrollment after the date of activation, Viaero Fiber Networks may require a test call or an inspection of the purchased equipment prior to confirming the enrollment.
- The Purchaser will be billed the ASP Fee separately or as part of the Purchaser’s billing plan as set forth on the Subscriber Enrollment Form, and the charges will be included in the Purchaser’s regular monthly account statement (where ASP is part of the plan terms, such amount may not be separately stated). The enrollment continues on a month-to-month basis, provided that all payments are timely made by the Purchaser.
- The Plan will terminate upon (1) Viaero Fiber Networks ’s receipt of a written notice from the Purchaser requesting termination, (2) the Purchaser’s default of any provision of the Viaero Fiber Networks Fiber Networks contract, terms and conditions or payment schedule, including, but not limited to, payment of invoices, (3) by Viaero Fiber Networks upon forty-five (45) days notice for any other reason.
- The Plan may be suspended when the Purchaser is in default of any payments due under this Plan or under the applicable agreements executed at the time of sale.
- The Purchaser is responsible for changes to the Qualifying Equipment due to exchange, manufacturer’s warranty, or other replacement.
Replacement Requirements
- In the event of phone loss or damage requiring replacement, the Purchaser must notify Viaero Fiber Networks as soon as possible, but in no event later than sixty (60) days from the date of loss.
- The Purchaser may be required to provide proof-of- purchase documentation, and/or a government issued identification upon the Purchaser’s request for services. If the loss is due to theft, Viaero Fiber Networks may request a copy of a police report and/or case number, and Viaero Fiber Networks may suspend Purchaser’s service temporarily to prevent unauthorized use.
- The Purchaser shall pay a non- refundable replacement charge, which may be billed to the Purchaser’s Viaero Fiber Networks Fiber Networks billing invoice prior to receiving Replacement Services. The amount of the replacement charge varies by equipment category. The required replacement charge for the specific Qualifying Equipment shall appear on the Subscriber Enrollment Form.
- Viaero Fiber Networks will provide the replacement product as soon as possible by calling Customer Care (611 from your Viaero Fiber Networks phone) with the replacement to be sent via an overnight delivery service requiring an adult to sign for package using a service such as FedEx, UPS, USPS Overnight Express, or similar services. Viaero Fiber Networks shall pay all costs of shipping replacement products to the Purchaser.
Restrictions on Services
- Viaero Fiber Networks will not provide Replacement Services for the following items:
  - Any items not included on the Subscriber Enrollment Form.
  - Any and all data contained on Qualifying Equipment, including but not limited to, contact lists, photos, video, music, ring tones, emails, wallpapers, games, screensavers, or other downloads or software.
  - Otherwise Qualifying Equipment that has been modified, customized, or otherwise altered in any manner not explicitly authorized by the manufacturer.
  - Accessories, including but not limited to carrying cases, faceplates, headsets, belt clips and add on antennas.
- Viaero Fiber Networks will not provide Replacement Services in the event of the following circumstances:
  - Loss or damage due to abuse, or intentional, dishonest, fraudulent or criminal acts.
  - Cosmetic damage to the Qualifying Equipment that does not degrade the functionality of the equipment.
  - Loss or damage caused by the use of the covered equipment for a purpose or manner for which it was not designed or intended by the manufacturer.
  - Loss or damage caused by or resulting from failure to follow manufacturer’s installation, operation or maintenance instructions.
  - Loss or damage that occurs at times when the Purchaser’s Plan is suspended or cancelled for non- payment.
- A maximum of two (2) replacements of Qualifying Equipment will be allowed per subscriber to this service plan in any period of eighteen (18) months.
- The Purchaser shall not in any circumstances be entitled to receive cash or credit in lieu of Replacement Services, nor for variations in the value of the replacement equipment. Viaero Fiber Networks ’s obligations under this Plan are limited solely to the replacement of Qualifying Equipment with the same or substantially similar equipment. Viaero Fiber Networks makes no other warranties, express or implied.
- Under no circumstances shall Viaero Fiber Networks be liable for indirect, consequential, or incidental damages.

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

Miscellaneous
- This Plan, including all matters relating to the validity, construction, performance, and enforcement thereof, shall be governed by the laws and regulations of the state of Colorado. This Plan is subject to amendment, modification or termination if required by such regulations or laws.
- The Subscriber acknowledges that he/she is of legal age, has received a true copy of this Plan, and has read and clearly understands the terms of this Plan, and if enrolling on behalf of a corporation or other entity, is fully authorized to sign on behalf of such entity. This represents the final and entire agreement of the Company and Subscriber relating to such Plan, and no other warranties, promises, or agreements are made concerning the provision of the services discussed in this Plan.
- Viaero Fiber Networks may, at its sole option, modify the terms and conditions of the Plan by providing written notice to Purchaser, or at www.viaero.com/legal.
  Purchaser may terminate enrollment in the Plan upon any material change to the Plan. Purchaser’s continued enrollment in the Plan shall constitute an acceptance of any change in these terms and conditions.

CREDIT LIMIT AGREEMENT

If a “Credit Limit” or “Credit Deposit” (“Deposit”) isindicated on the Subscriber Enrollment Form, based on the credit rating for theSubscriber applying for credit, The account may require a deposit in the amountset forth on the Subscriber Enrollment Form for the line requested by theSubscriber and may be placed on a credit limit also as indicated on theSubscriber Enrollment Form. The Deposit will stay on the account until suchtime that the credit status changes to a criteria that does not require thisstipulation. The Subscriber phone number is listed on the Subscriber EnrollmentForm and will be placed on a credit limit. The credit limit can be reviewed atthe end of my contract at my request. This request will be made to the creditdepartment at the Viaero Fiber Networks Fiber Networks Call Center at 1-877-484-2376.

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

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

Subscriber acknowledges that the account may be suspended atany time during the month, regardless of the bill due date, and will need tomake 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 andinformation services more affordable for schools and libraries. Withfunding from the Universal Service Fund (<ahref="https:>fcc.gov/general/universal-service-fund),E-Rate provides discounts for telecommunications, Internet access, and internalconnections to eligible schools and libraries.

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

What benefits are available under the E-Rate program?

Eligible schools and libraries may receive discounts ontelecommunications, telecommunications services, and Internet access, as wellas internal connections, managed internal broadband services and basicmaintenance of internal connections.

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

See the list of eligible services at 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 definitionsat <ahref="http:>usac.org/e-rate/applicant-process/before-you-begin/school-and-library-eligibility/)identifies goods or services it needs and submits a request for competitivebids to the Universal Service Administrative Company (USAC). USAC posts theserequests on its website for vendors to bid on. After reviewing the vendors'bids, the school or library selects the most cost-effective eligible productsand services using price as the primary factor. It then applies to USAC forapproval for the desired purchases.</ahref="http:>

Next, USAC issues funding commitments to eligibleapplicants. When a vendor provides the selected services, either the vendor orthe applicant submits requests to USAC for reimbursement of the approveddiscounts.

The bid request and competitive bidding processes mustcomply 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 benefitfrom E-Rate, use USAC's search tools to view public E-rate data, includingcommitment and other funding tools, at <ahref="https:>usac.org/e-rate/resources/tools/.</ahref="https:>

How are requests prioritized?

If demand for E-Rate money is greater than the availablefunds, 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 annualCommission-established cap of $4.456 billion.

Does the E-Rate program duplicate state and localefforts?

The FCC's plan complements the efforts of states andlocalities to bring advanced telecommunications and information services toschools 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 (pdf)

Date Last Updated/Reviewed:

Tuesday, February 27, 2024

Bureau/Office:

Consumerand Governmental Affairs

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Learn about consumer issues - visit the FCC's Consumer HelpCenter at fcc.gov/consumers

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FileYour Complaint

Visit our Consumer Complaint Center at <ahref="https:>consumercomplaints.fcc.gov tofile a complaint or tell us your story.</ahref="https:>

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