Terms of Service
By signing up for or using Tilson Broadband’s products, equipment, and services (“Services”), you agree to these Tilson Broadband Terms of Service (the “Terms”).
I. COMMUNICATION WITH TILSON BROADBAND
We may be required to provide certain disclosures, notices, and communications (collectively “Communications”) to you in written form. We will deliver such Communications to you in electronic form. Your agreement to these Terms confirms your ability and consent to receive such Communications electronically. You consent to receive electronically all Communications that we may provide you in connection with your Tilson Broadband account and your use of the Services. Communications will be considered received by upon emailing them to the email address associated with your account. To access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:
1) a computer or mobile device with Internet or mobile connectivity;
2) software capable of opening PDF documents;
3) access to the valid email address you used to create your Tilson Broadband account registrations;
4) and sufficient storage space to save Communications or a printer to print them.
By consenting to this Policy, you confirm that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications for your records. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable. Also, you may contact Tilson Broadband to request another electronic copy of a Communication. We reserve the right to terminate your use of the Services if you decline or withdraw consent to receive electronic Communications.
II. ELIGIBILITY FOR TILSON BROADBAND SERVICES
You may apply for Tilson Broadband Services online. Tilson Broadband reserves the right to determine whether any Services are made available to a particular address. If Tilson Broadband determines that the address at which you receive Services is not a residential address, Tilson Broadband may require you to transition to another type of account in order to continue receiving the Services. This transition may include an increase in any fee for the Services.
III. TILSON BROADBAND INSTALLATION
You agree to provide Tilson Broadband with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your residence” below) so that the equipment necessary for you to receive the Services may be installed and configured. You agree that Tilson Broadband may install equipment on the exterior and interior of your residence (including but not limited to laying underground conduit and/or affixing equipment to the outside of your residence) at any reasonable location. You agree that Tilson Broadband may take photographs of the equipment installed by or on behalf of Tilson Broadband on the exterior or interior of your residence for quality control purposes. You also agree that Tilson Broadband may use, and that you have the necessary permissions to approve Tilson Broadband’s use of, existing facilities, including existing wiring in and around your residence, to complete the installation services.
If you rent or otherwise do not own your residence, you represent and warrant that you are authorized by the property owner to order Tilson Broadband installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for Tilson Broadband to perform installation services. If Tilson Broadband incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for Tilson Broadband to install the equipment required for the Services, you are responsible for reimbursing Tilson Broadband for those costs or losses.
Acceptance of these Terms does not guarantee that Tilson Broadband will install or provide any Services. We may need a separate agreement with you or your landlord to install the Services. Sometimes we may need to charge a fee in connection with the construction or installation of your network connection (“construction fee” or “installation fee”). We will only charge you if we notify you of a construction or installation fee during the online sign-up process. Tilson Broadband may allow some users to pay construction fees in installments. If you cancel or make certain changes to your Service plans, or your Services are otherwise terminated due to failure to comply with these Terms, before you have paid the entire construction fee, you agree to pay the outstanding construction fee balance as of the date of such change, cancellation or termination.
IV. TILSON BROADBAND EQUIPMENT
Tilson Broadband may provide or rent various pieces of equipment to you in connection with the Services. In some cases, to use the provided equipment, you will need to review and agree to terms of service governing use of the equipment. If you lose or damage this equipment after installation, Tilson Broadband may charge you a fee for replacement equipment. Equipment fees are subject to change. Unless explicitly stated otherwise on our website, Tilson Broadband owns all equipment provided by Tilson Broadband in connection with the Services. From time to time, Tilson Broadband may offer you equipment that you may purchase in connection with the Services under separate terms to be provided with such equipment. You authorize Tilson Broadband to install software upgrades on any equipment provided by Tilson Broadband. You also agree not to use the Tilson Broadband-owned equipment for any purpose other than using the Services.
Not all equipment is compatible with the network speeds offered by Tilson Broadband. Tilson Broadband makes no guarantees for the performance of customer owned equipment or other equipment not supplied by Tilson Broadband. Tilson Broadband reserves the right to refuse service or to charge additional fees to troubleshoot or resolve issues related customer owned or any other equipment not supplied by Tilson Broadband.
V. SERVICE AND INSTALLATION FEES
VI. BILLING AND PAYMENT
You agree to pay any and all applicable fees for the Services you purchase, whether ordered by you, someone authorized by you, or someone with access to the Services pursuant to your Tilson Broadband account. Tilson Broadband will send all bills and other required notices by email to the address associated with your account. You may also access this information through your online Tilson Broadband account. You agree to pay recurring monthly service fees in advance of the billing cycle in which you will receive the Services. Tilson Broadband will bill onetime charges in the billing cycle following your authorization of such charges. You authorize Tilson Broadband to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. Tilson Broadband will email a bill to the email address associated with your account. The bill will indicate the date the amount you owe will be collected via your designated payment method (which may be the same date your bill is sent if permitted by applicable laws). If payment is not received due to insufficient funds or for any other reason, Tilson Broadband may, consistent with applicable laws, assess late payment fees and/or suspend or terminate the Services if payment is more than thirty (30) days past due. If you request that Tilson Broadband reinstate any suspended or terminated Services, Tilson Broadband may charge you a reconnection fee. You agree that Tilson Broadband is not responsible for any third-party charges you may incur in connection with your bank account, credit card, or other payment method.
VII. CHANGING AND CANCELING SERVICES; TERMINATION
These Terms will be in effect from the time the Services are initiated until they are terminated by either you or Tilson Broadband. Tilson Broadband or you may terminate any or all portions of the Services at any time, in our or your sole discretion, and for any reason in accordance with applicable laws, as specified in these Terms. No financial penalty will be assessed for your termination of Services. If you terminate all or any portion of the Services, you agree to notify Tilson Broadband, we will schedule a disconnect appointment, and you agree to provide Tilson Broadband personnel, its agents or representatives, access to the premise in order to disconnect all or a portion of the Services and recover equipment we provided. Upon termination, you agree to (i) immediately cease all use of the Services and all equipment provided by Tilson Broadband and (ii) pay in full for your use of the Services up to the date the termination of these Terms took effect and the Services were disconnected. We will refund all prepaid monthly service fees charged for Services after the date of termination (less any outstanding amounts due to Tilson Broadband for the Services, or other applicable charges and fees. If you terminate your service with Tilson Broadband and are warranted a credit refund, you will receive a refund check in the mail within forty-five (45) calendar days of termination. Your refund will be the pro-rated portion of any fees and charges which you have paid in advance. If the pro-rated portion is less than $5.00, a refund will only be issued upon request.
VIII. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES YOU WITH INFORMATION ON RESOLVING DISPUTES THROUGH ARBITRATION, AS WELL AS YOUR RIGHT TO OPT OUT.
We will attempt in good faith to resolve disputes promptly and fairly. In the event a Dispute cannot be resolved, we each agree to submit the Dispute to the American Arbitration Association for resolution under its Commercial Arbitration Rules, or, by separate mutual agreement, to another arbitration institution. If we are unable to agree to an alternative arbitration institution, we each agree to mutually petition a court of appropriate jurisdiction to appoint an arbitration institution that will enforce this Section as written. The location of the arbitration will take place in Portland, Maine or such other place as is mutually agreed upon. You may not combine a Dispute that is subject to arbitration under these Terms with a Dispute that is not eligible for arbitration under these Terms. We each acknowledge and agree that under no circumstances will a class action be arbitrated. The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or Tilson Broadband requests one. Any arbitration award over $75,000 may be appealed to a three-person panel appointed by the same arbitration institute that rendered the original award. Any such appeal must be filed within thirty (30) days, and the appeal will be decided based on that institution’s appeal rules, within one-hundred twenty (120) days of filing. If any party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorney’s fees and costs incurred in that appeal. Class Action Waiver. Notwithstanding any other Section of these Terms, if either you or Tilson Broadband elects to arbitrate a Dispute, neither of us will have the right to: (i) participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (ii) join or consolidate disputes with disputes of any other persons. This Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against Tilson Broadband by a state or federal government agency even when such agency is seeking relief on behalf of a class of customers, including you. This means that neither Tilson Broadband nor you will have the right to compel arbitration of any claim brought by such an agency.
Right to Opt Out. You may decline to have disputes with Tilson Broadband arbitrated by opting out. Doing so means neither you nor Tilson Broadband 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 us 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 with Tilson Broadband through arbitration, and would like to therefore opt out of these Terms’ arbitration obligation.
Confidentiality. The arbitration proceedings under this Section shall be as confidential and private as permitted by law. To that end, we each agree not to disclose the existence, content, or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding; provided, however, that this confidentiality portion shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by any laws or regulations.
Jury Trial. To the extent permitted by applicable law, for any Disputes relating to these Terms not submitted to arbitration, and properly brought in a public court of law, Tilson Broadband 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 these Terms, or any other dispute or controversy between Tilson Broadband and you.
Severability. If any clause within this Dispute Resolution Section is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver is limited, voided, or found unenforceable as to a Dispute, then this Section (except this sentence) shall be null and void with respect to such Dispute (but not as to any others that have been brought or are later brought,) subject to the right to appeal the limitation or invalidation of the Class Action Waiver.
Continuation. This Dispute Resolution Section shall survive the termination of your Services with us.
IX. NETWORK MANAGEMENT PRACTICES
Tilson Broadband’s Network Management Practices are described here, and are incorporated into these Terms by reference.
We use the information collected from the use of Tilson Broadband Services only for the following business purposes: network management, security, maintenance, or other related purposes outlined in our Network Management Practices. Technical information (such as device identifiers and IP address) may be associated with the Tilson Broadband account you use but will not be used for any other purpose other than as described above without your consent. Other information from the use of Tilson Broadband Services (such as URLs of websites visited or content of communications) will not be associated with the Tilson Broadband Account you use, except with your consent or to meet any applicable law, regulation, legal process or enforceable governmental request.
We do not share personal information with companies, organizations and individuals outside of Tilson Broadband except for our business purposes with service providers that help us install our services, provide customer support, process payments, and provide other services that help us provide and improve our services. We may share non-personally identifiable information publicly and with our partners – like researchers, content providers, publishers, advertisers or connected sites.
XI. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY
We provide the Services using a commercially reasonable level of skill and care, but there are certain things that we do not promise about the Services.
OTHER THAN AS EXPRESSLYSET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY TILSON BROADBAND OR AN AGENT THEREOF, NEITHER TILSON BROADBAND NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY TILSON BROADBAND, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND EQUIPMENT AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TILSON BROADBAND, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, TILSON BROADBAND, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
WHEN PERMITTED BY LAW, TILSON BROADBAND, AND TILSON BROADBAND’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
XII. ACCEPTABLE USE POLICY
Tilson Broadband’s Acceptable Use Policy can be found here, and it is incorporated into these Terms by reference.
Changes to these terms. We may modify these Terms to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We will post notice of modifications to these terms on this page by indicating the date the Terms are last modified. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service, changes regarding the launch of a new Service, or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service and contact us to change or terminate your Services.
Entire Agreement. These Terms, including any documents which are incorporated herein by reference, are the entire agreement between you and Tilson Broadband and supersede any prior agreements between us with respect to the Services.
Partial Invalidity. Except as provided in Section VII, in the event that any Section of these Terms shall be held to be unenforceable, such Section shall in good faith be renegotiated to be enforceable and shall reflect as closely as possible the intent of the original Section of these Terms. Such negotiations shall not affect the enforceability of the remainder of these Terms.
No Waiver. Failure by us to enforce at any time or for any period of time any Section or right hereunder shall not constitute a waiver of such Section.