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Acceptable Use Policy

Last updated:
February 25, 2021

Application

By using the network and services provided by Underline (the “Underline Access Services” or “service”), each Subscriber consents to be bound by these General Terms and Conditions.  

These General Terms and Conditions (sometimes called “Terms” or “Terms of Service”) are part the Service Agreement between Underline (sometimes called “we”, “us”, or “Underline”) and the Subscriber (“you”, your” or “Customer”).  The Service Agreement also includes the Acceptable Use Policy and the General Statement of Policy.  

Underline reserves the right, in its sole discretion, to modify these General Terms and Conditions at any time. For example, we may make modifications to provide clarification or when we add new services.  Such modifications will be effective when posted. Any use of the Underline Access Services after such modification shall constitute acceptance of such modification.

By your use and acceptance of the service, you are indicating that you have read, understood and/or agreed to be bound by the terms and conditions of this agreement.

Access Services

Underline provides ultra-fast fiber internet access and information network connectivity to customers, both individuals and businesses, in localities where we provide service.  

To access the Underline service, you must agree to installation of Underline Equipment at your location.

At Underline.com we offer tools to manage your account and your devices and to make payments and so on.

Underline may require that Customer use a username and password combination or other reasonable procedures to confirm Customer’s identity when requesting or otherwise accessing account information, making changes to the service or performing other functions related to the service. Customer may also choose to designate an authorized user of Customer’s account who will be permitted to access Customer’s account information and make certain changes to Customer’s account. Customer will be solely liable for any and all action or inaction by its authorized user.

Residential Customers shall not share passwords or accounts with others. Commercial Customers shall only provide passwords to authorized users.

Customer is responsible for maintaining the security of Customer’s computer and devices, data and protection of Customer’s User ID and password. Underline strongly recommends the use and appropriate updating of commercial anti-virus, anti-spyware, firewall software, and encryption of data, to the extent feasible.

Customer authorizes Underline to make inquiries and to receive information about Customer’s credit history from others and to utilize such information in Underline’s decision regarding provision of the service to the Customer.  

You may be required to pay a Deposit prior to the commencement of service.  The Deposit will be used as a credit against your initial bills.  

All pricing and fees are detailed on the Underline website.  

If we determine that your address is not a residential address, we reserve the right to change the service from a residential to a business service, which may mean extra cost for installation and for monthly service. Any installation or similar fees are non-refundable once we have completed your installation.

Installation

We will need access to your premises in order to complete the installation of Underline Equipment at your address.

You agree that we can install and affix equipment both inside and outside your premises at any reasonable location. You agree that our installers may need to drill holes in the premises to bring cables indoors. You agree and give permission that we may use any existing facilities in and around your premises, including existing wiring. Likewise, you attest that you have the authority to provide such permissions.

You are responsible for ensuring compliance with all regulations, applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions and other restrictions related to the installation of the Underline Equipment, for paying any fees or other charges and obtaining any permits or authorizations necessary for the installation of the Underline Equipment. Customer is solely responsible for any fines or similar charges for violation of any applicable legal requirements.

If you rent or otherwise don’t own the premises, you are solely responsible for securing the required permission for installation to take place on the premises as outlined above. You may be asked to provide written evidence that you have requested and been afforded all necessary permissions to complete the installation and you should be prepared to present said evidence before installation begins. Acceptance of these Terms doesn’t guarantee that we will install or provide services. We may need a separate agreement with your landlord in order to undertake the installation. If you don’t properly secure these permissions from the property owner and said owner decides to take legal action against us, you agree that you are responsible for all legal costs and you will indemnify us against any claims.  

You grant us a non-exclusive license twenty (20) feet in width along the length of our facilities for underground or aerial telecommunication lines in, on, along, through, across, and under the premises to connect our network to the demarcation point located inside or outside of the premises, together with the right for Underline, its successors, assigns, affiliates, contractors, operational service providers, distributors and agents (collectively “Agents”), to construct, install, operate, maintain, inspect, repair, renew, remove, and relocate at any time, optic cable, conduit connections, and facilities, to run fiber optic cable and install all other appurtenant equipment, including an Optical Network Terminal (“ONT”), and the right of ingress and egress over the premises and the adjacent lands for the purposes of this license, and the right to trim, cut, or remove any trees, brush, undergrowth or obstructions on the premises which obstruct or interfere with the use of this license, and for doing anything necessary or useful or convenient in connection with all the foregoing.

Underline and/or its Agents will install Underline’s Equipment on the premises.

In the event you have improperly identified the boundaries of the premises, the cost of relocating any of Underline’s Equipment due to your error in such identification will be your responsibility.

It is your responsibility to locate and mark any private utilities. Any damage caused to private utilities due to an error in such identification will be your responsibility.

Equipment

Underline’s Equipment will at all times remain the personal property of Underline or its Agents and may be removed by us upon the termination of this Agreement.

You agree not to use this Equipment for any purpose outside of accepting Underline access service. Likewise, you agree that we may push software updates to this Equipment as necessary, without express notice.

Customer agrees to not alter, modify or tamper with the Underline Equipment, or to permit, encourage or solicit any other person to do the same, unless such person has been authorized to do so by Underline.

Underline shall provide Customer with reasonable advance notice of any planned access to the Equipment, except when, in the reasonable opinion of Underline, an emergency or other exigent circumstance exists that would require Underline to immediately enter Customer’s property and premises.

Customer understands and agrees that: (i) Customer must provide electrical power and a continuous connection to the power grid to Underline Equipment at all times (including, without limitation, when Customer is not using the service), and (ii) Customer’s failure to provide such power and continuous connection may result in damage to the Underline Equipment for which damage Customer will be solely responsible.

Underline will repair, replace, or otherwise upgrade any Underline Equipment that, as determined by Underline in its sole discretion, needs to be installed, replaced or otherwise upgraded. Notwithstanding the foregoing, Customer will be solely liable for, and Underline shall have no obligation to repair, replace or otherwise upgrade, any Underline Equipment that has been damaged or otherwise requires repair, replacement or upgrade as a result of damage or disruption caused by misuse or neglect or otherwise caused by Customer.

Depending on the type of services that Customer may elect from Service Providers, Customer understands that those Service Providers may require the installation of additional specific equipment to make those services function.  Such equipment must be installed in a manner which does not damage or disrupt the service provided by Underline.  

Customer is responsible for procuring and installing patches, any and all anti-virus and firewall software/hardware and operating system patches, updates or supplements that may be necessary for (i) the protection and maximum functionality of Customer’s computer and related equipment and the Underline Equipment and (ii) the protection of Underline’s network and other customers. For purposes of clarification, Underline and its Agents hereby disclaim any and all responsibility and liability for any damages that may arise from Customer’s failure to procure or install the aforementioned security or other software and/or hardware and Customer agree that Underline and its Agents shall have no liability for Customer’s failure to do the same.

Monthly Access Fee

For Underline Access Service, you will be billed a flat “monthly access fee”.  The fee will be prorated for the portion of the month when service is first available and that fee may be added to the following month’s fee when Underline establishes a Deposit.  

If you wish to upgrade to a higher speed during the month, you can do so immediately. We will prorate the new price for the remainder of the month and begin charging you the new fee in full at the beginning of the next billing cycle.

If you wish to downgrade to a slower speed during the month, you may do so at the beginning of the following month.  We do not offer prorated refunds or credits when you downgrade your service during the month.  

Underline service is meant for use in a single-family dwelling or a single business location such as a store or office. Sharing a single connection among multiple units—including but not limited to apartments, boarding rooms, homes or business suites—is not permitted.

We do have provisions in place for multiple dwelling unit buildings: landlords, property managers, real estate developers, etc. should please contact us directly to discuss these options.

Payments

Payments are due on the billing date associated with your account.

The billing date cannot be changed and your account will be considered past due if we are unable to collect the full balance of your monthly charges on the billing date. We do not put billing on hold for any period of time to permit you to make payments at a later date. If you do not make full payment of your outstanding balance by your billing date, services may be suspended or stopped permanently.

For each monthly billing cycle with respect to which Customer does not pay on time (including without limitation if Customer’s monthly fees are not received by Underline on or before the first day of the monthly billing cycle), Customer agrees to pay the “Late Fees” defined on the website.

Underline shall not be obligated to provide the service during monthly billing cycles for which Customer has not paid the applicable monthly fees in advance. If at any time Customer’s account reflects past due amounts, Underline may, in Underline’s sole and absolute discretion, suspend provision of the service to Customer and/or terminate this Agreement. Amounts are past due if not paid before the first calendar day of Customer’s monthly billing cycle. Customer understands, acknowledges and agrees that Underline is not required to provide notice before suspending the service and/or terminating this Agreement, and Underline will not be liable to Customer or any authorized user for any such suspension or termination or any damages that may result therefrom. In order to restore service after a disconnection, Customer agrees to pay the applicable “Reactivation Charge” set forth on the website.  

Your bill will include charges assessed by the Service Providers that you select.  Underline will submit a unified bill that includes these charges as well as the access fees due to Underline. You are obligated to pay the unified bill on time, or your risk the suspension of all services.  Upon receipt of your payment, Underline or its agents, will allocate your payment amount among the service providers entitled to service fees.  

Declined Payments and Chargebacks

If we try to collect payment and cannot do so, we reserve the right to suspend or terminate access, suspend or terminate your account, cancel delivery of a device in transit or take any remedial steps we deem necessary.

In the case of a credit card chargeback, your account may be deactivated and you’ll owe us the outstanding balance plus any associated charge back fees which may have been levied by the banks or credit card providers. If you reactivate your account, you will be required to pay a fee for prior chargebacks and any outstanding balance on your account.

If you owe us a substantial amount of money or have had your account suspended multiple times, we may, without limiting any of our other rights, ask for payment up front, make other appropriate billing arrangements or stop providing you with service.

Taxes and Surcharges

Taxes and regulatory are not included in Underline basic rates. These charges are calculated and added to your bill and are clearly outlined on your bill. They are subject to change without notice and may vary by city, municipality, state, region and country.

Customer agrees to pay all applicable federal, state, and local taxes and regulatory fees.  We don’t create these taxes or regulatory fees and surcharges, but we collect them as we are required to do.  

As mentioned previously, we include in our unified billing approach, the fees that you owe to the Service Providers and apps you select.  These services may also be subject to additional taxes and regulatory fees that we will add to the bill.  

Monthly service charges, taxes and fees, once paid, are non-refundable.

Disputed Charges

If you spot an error in any charge on your account, please let us know so we can verify and then rectify in the form of a refund, a credit or some other form of compensation.

If we issue a credit, refund or some other form of compensation and you accept, we’ll consider the matter closed (that is to say, “fully and finally resolved”); any claim for arbitration or litigation will have been waived.  

Switching your content Service Provider  

Underline’s open access network Marketplace will display the names of participating service providers.  You may select service from among those companies and may switch services as you determine, in accordance with the posted guidelines.  

By making these services available, Underline is not responsible for the goods or services offered by those companies.  Each type of selected service will be governed by the terms of service and user policies established by the individual company that offers that particular service.  

Cancelling Services

You can cancel your service from Underline, upon 10 day’s advance written notice, prior to the desired termination date. Underline may take reasonable steps to verify your identity and authority before effecting such termination.  If you cancel Underline service, you will also be cancelling service you obtain from service providers and apps which you selected through the Underline Marketplace website.  

Upon cancellation, your service will be available until the end of the billing cycle you cancel within.Upon cancellation, you may be required to pay for certain construction or installation fees that were waived at the time you first signed up.

If you cancel service, you may be required to return certain equipment used to provide service to you. Details on how to return equipment will be sent to you via the email address we have on file. Failure to return equipment according to the terms and timelines contained in that email may result in a charge up to and including the full purchase price of the equipment. If that happens, we may then declare that the equipment has been abandoned by us and belongs to you.

Standards of Services; Disclaimer of Warranties

We provide the service using a commercially reasonable level of skill.

Neither Underline nor its Agents warrant: (i) to uninterrupted, timely or secure use of service; (ii) that the service will meet Customer’s requirements; (iii) that the service will be error-free or free of any viruses, worms, spam, pop-up advertising, spyware, adware or other harmful components, even if countermeasures have been deployed; or (iv) that any personal information, data or files Customer sends or receives via the service will be transmitted in uncorrupted form, within a reasonable time, or free from unauthorized access by others or that other users will be unable to gain access to Customer’s computer or device. Unauthorized access may include incidents of file sharing, print sharing or use of other means that enable internet users to gain access to Customer’s computer, device, or network or Underline Equipment, or to monitor Customer’s activity and conduct while using the service.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.  No advice or information, whether oral or written, obtained by Customer from Underline shall create any warranty not expressly made herein.

Dispute Resolution / Arbitration

If a dispute arises, you should strive to bring such claim within 6 months of the underlying event.  

Customer and Underline agree to arbitrate all disputes and claims between Customer and Underline. This agreement between Customer and Underline to arbitrate all disputes and claims between them is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between Customer and Underline, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, related claims that arose before this Agreement was officially executed (including, but not limited to, claims relating to advertising), claims that are currently the subject of purported class action litigation in which Customer is not a member of a certified class and claims that may arise after the termination of this Agreement. For the purposes of this Section, references to Customer include Customer’s subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized users and beneficiaries of the service.

A party who intends to assert a claim arising from a dispute must first send to the other, by certified mail, a written notice (“Arbitration Notice”). An Arbitration Notice to Underline must be sent to the contact information provided for Underline and also sent to the address set forth in this Service Agreement for notices. An Arbitration Notice to Customer must be addressed to Customer at Customer’s then-current billing address. The Arbitration Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.

If Customer and Underline do not reach an agreement to resolve the claim within 60 calendar days after the Arbitration Notice is received, Customer or Underline may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Underline or Customer shall not be disclosed to the arbitrator.

The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, and shall be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or written request to the Underline. The arbitrator shall be bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are reserved to the decision of a court of competent jurisdiction. Unless Customer and Underline agree otherwise, any arbitration hearings shall take place in city or county where service is provided. The right to a hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Customer and Underline agree that each may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both Customer and Underline agree otherwise, 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.

Customer agrees that, by entering into this Agreement, Customer and Underline are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

Limitation of Liability

In the case of a dispute:  

The total liability of Underline and its Agents, for any claims under these Terms, including for any implied warranties, is limited to the amount that you paid us for service over the prior 6-month period, immediately preceding the claim.  

Underline and its Agents will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages that you may suffer.

Underline and its Agents will not be liable for any loss or damage that is not reasonably foreseeable or that is beyond our control or caused by majeure force events.  

Effect of Terms of Service

Our Service Agreement and associated documents will govern our relationship and supersede comments and communications that are inconsistent.  

If any part of these Terms of Service is declared invalid or unenforceable, the remainder is still considered valid and enforceable.

This Service Agreement and all matters arising out of or related to this Agreement shall be governed by the laws of the State where service is provided to you, without regard to conflicts of law provisions that could seek to apply the laws of another jurisdiction.  

Except as expressly provided herein, the rights and remedies of Underline are cumulative and not exclusive of any rights or remedies that Underline may otherwise have at law or in equity. Waiver by Underline of any violation by you shall not act as a waiver of any subsequent violation, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by Underline in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

We may assign to another party all or part of these Terms of Service and any debts owed to us without notice.

Suspension or Termination of Service

We reserve the right to issue a warning or to suspend or terminate your service and your access to the Underline.com website, app or any other website accessible through our Marketplace website at any time if we determine that you have violated the Terms of Service or any of our rules or policies.

Trademarks and Other Intellectual Property

You agree that the Underline name, logo and other devices are trademarks of Underline Infrastructure Inc. and that you won’t misappropriate, dilute, besmirch or otherwise violate our intellectual property rights.You agree that you will not hack, reverse engineer, copy, modify, redistribute or resell any of our intellectual property. That includes but is not limited to the Underline website, mobile apps, billing systems, algorithms or any of the other product we have created.  Doing so would be a violation of these Terms of Service.

Indemnification

You are responsible for the proper use of our product and services and for compliance with our policies, including prohibitions against intellectual property infringement, harming other parties and violating the law.  We are not responsible for the consequence of your actions.  In the event any third party should asserts claims against us arising from your actions, you will indemnify and hold us harmless against such claims.  

Notices

Any notices under this Agreement shall be effective as follows:

If to Customer: notice shall be made by (i) email to Customer; (ii) by first-class mail to Customer at Customer’s billing address then on file with Underline; or (iii) when posted to the Announcements page of Underline’s website. If by email, such notice shall be deemed effective when transmitted by Underline. If by first-class mail, such notice shall be deemed effective upon the earlier of (a) three business days after dispatch or (b) at such time as actually received by Customer.

If to Underline: notice shall be made exclusively by email at support@underline.com.

Contacting Support

To contact Underline, please send an email to support@underline.com