Gateway Fiber, LLC 

This is your Residential Customer Service Agreement ("Agreement") with Gateway Fiber, LLC (hereinafter referred to as "Gateway Fiber," "we," "us," and "our"). This Agreement sets forth the terms and conditions under which the Applicant (hereinafter referred to as "Applicant" “Customer “and "you") will be provided fiber network internet service (the "Internet Service" or “Internet Services”) and fiber network phone service (the "Phone Service" or "Phone Services", together with the Internet Service, the "Service" or "Services") by Gateway Fiber. All references to Phone Services or Internet Services apply to both wired and wireless platforms. 

When you apply for or pay for Service(s), you agree to the prices, terms, and conditions set forth in this Agreement and to any changes in the prices, terms, and conditions which may be changed pursuant to this Agreement. 

General Terms and Conditions 

Installation Fees and Deposits. Installation fees for each level of Service and deposits on Equipment (as defined below) are payable in advance, at the time of, or prior to activation of the Service(s) or installation of the Equipment at the location described in your application or as changed pursuant to this Agreement, which will be known as your ("Service Address"). 

Billing and Payment 

Charges. You agree to pay the charges for the Service(s) provided to you under this Agreement, including, but not limited to, installation charges, monthly Service charges, charges for Service visits, and charges for the use of Equipment. These charges will be assessed according to the pricing schedules published on www.gatewayfiber.com. These charges may change from time to time, as described in this Agreement, and you will be charged the rates that are in effect during the Service period. 

Taxes and Fees. You agree to pay all applicable federal, state, and local taxes (however designated) levied upon us and our affiliates in connection with the sale, installation, and use of the Service(s) and other fees that we may be assessed or charged in connection with governmental programs or mandates, including, but not limited to, universal Service fees, 911/E911 surcharges, telecommunications relay Service surcharges, and franchise fees. 

Changes in the Terms of Service(s) and Rates. Gateway Fiber may change the terms of this Agreement and the fees and charges for Service(s). The effective date of the changes in the terms and the changes in rates will be 30 calendar days after the changes in the terms of Service(s) or the new rates are posted on www.gatewayfiber.com. If you do not wish to continue your Service(s) after changes to this Agreement or to pay new rates as they come into effect, you may terminate your Service(s) by notifying us within 30 calendar days after the new agreement terms and/or rates are posted. If you continue to use the Service(s) after any change in this Agreement or rate change, you shall be deemed to have accepted the modification(s). If you terminate your Service(s), you will be entitled to a refund of any portion of any monthly Service fee which you have paid in advance, less any amounts due to us from you. 

Payment by Credit Card. If you provide credit card information to us, you thereby authorize us to charge that credit card for all amounts payable by you to Gateway Fiber. Gateway Fiber will continue to charge your credit card to pay amounts due to Gateway Fiber until you notify Gateway Fiber in writing that you are withdrawing this authorization. If Gateway Fiber does not receive payment from your credit card issuer or its agents or receive prompt new credit card information from you, your Service(s) will be terminated for nonpayment without notice. 

Late Fees. If your payment is not received by Gateway Fiber by 5:00 p.m. on your bill due date (ex., each 6th, 15th, 22nd, or 30th of the month), you must pay a $10.00 late fee ("Late Fee"). If your payment is not received within 15 days of your bill due date, your Service(s) will be disconnected, and you must pay the Late Fee and the past due charges in full to resume your Service(s). If your payment is not received within 30 days of your bill due date, you must call in to Customer Service to speak to an agent to pay the past due charges in full, and the Late Fee to resume your Service(s).

Billing Errors. Subject to applicable law, if you believe you have been billed any amount in error, you must notify us of the error and the basis why you believe a charge is in error within 60 calendar days of the date on the bill. Any billing error you claim is deemed to be waived if you fail to notify us of the error within 60 calendar days. 

Credit Inquiries. You authorize Gateway Fiber to make inquiries and to receive information about your credit experience from others, to enter this information in your file, and to disclose this information concerning you to as permitted by law.

Returned Checks, Nonpayment, and Collection. If your check is returned unpaid, you agree that Gateway Fiber may electronically debit your account for both the face amount of your check and a returned check fee of $25.00. In the event of nonpayment, Gateway Fiber reserves the right to disconnect your Service(s) at any time, with or without notice. In addition, you agree that if Gateway Fiber incurs collection or other legal costs due to nonpayment, you will be responsible for paying all past due amounts, returned check fees, collection, attorneys' fees, and court costs. Further, to resume Service(s), you must pay the past due charges in full, and the Late Fee. 

Type of Service(s). You agree to use the Service(s) for the purpose (typically residential) that you have described in your application. 

No Resale. You agree that you are buying the Service(s) for your own use and will not resell or permit another to resell the Service(s) and to comply with this and other policies contained in this Agreement and on Gateway Fiber’s website. 

Legal Purposes. You agree to use the Equipment and Service(s) only for legal and appropriate purposes. 

Gateway Fiber Equipment, Software, and Marks 

Equipment. You acknowledge that the Equipment leased to you, including, but not limited to, converters, remote control units, any ONT (optical network terminal or modem) or MTA (multimedia terminal adapter) installed along with your Service(s), and all associated software (collectively referred to as the "Equipment"), is for your exclusive use during your subscription and remains the property of Gateway Fiber. 

You agree that you will not allow the Equipment to be serviced by anyone other than Gateway Fiber employees or its agents, and you will not relocate the Equipment outside your Service Address. 

If your Service Address changes, we may, at your request, relocate the Equipment to a new Service Address, subject to Service availability at that new location. Upon request, Gateway Fiber will provide you with information concerning Service availability at a new Service Address and the estimated cost of installing Service(s) at your new Service Address. You will be responsible for the charges incurred for the relocation of your Service(s). 

You agree that you will protect the Equipment and keep the same from being damaged by unauthorized access, misuse, weather damage, and damage by pets or animals. If the Equipment is damaged, you are responsible for repair or, if necessary, replacement costs of the Equipment upon termination of Service(s). 

Upon termination of Service(s), you agree to return the Equipment in good condition, except for normal wear and tear, within 10 business days. Gateway Fiber employees or agents will pick up the Equipment during normal business hours at your Service Address. If you do not arrange to return the Equipment within 10 business days or if it is damaged, lost, stolen, or destroyed, you will be responsible for the replacement cost of the Equipment. 

You agree that you will be responsible for any collection fees, attorneys' fees, and court costs incurred by Gateway Fiber to recover amounts due from you. 

Gateway Fiber Firmware and Software. The Equipment, including, but not limited to, any firmware or software embedded in the Equipment or used to provide the Service(s), is protected by trademark, copyright, and other intellectual property laws and international treaty provisions. You are granted a revocable license to use such firmware and software in object code form (without making any modification thereto) strictly in accordance with this Agreement. This license will commence upon your acceptance of the Service(s) and will terminate immediately upon the termination of the Service(s) for any reason. Gateway Fiber and its licensors retain all rights and interests in and to any such firmware or software. You acknowledge and understand that you are not granted any other license to use the firmware or software embedded in the Equipment or used to provide the Service(s). You expressly agree that you will use the Equipment only and exclusively in connection with our Service(s). You shall not reverse compile, disassemble, reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software. 

You may not use Service(s) through an interface device not provided by Gateway Fiber without the express written consent of Gateway Fiber. 

Protection of Gateway Fiber Information and Marks. All Gateway Fiber Service information, documents, and materials on our website are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. Accordingly, all websites, names, Service marks, trademarks, trade names, logos, and domain names of Gateway Fiber are and shall remain the exclusive property of Gateway Fiber. Nothing in this Agreement provides you the right or license to use any of these for any reason. 

Unauthorized Use of Equipment or Service(s). Unauthorized use of the Equipment or Service(s) constitutes a breach of this Agreement and may also be a violation of federal and/or state law. You will be liable for all unauthorized use of the Service(s) and all stolen Service(s) and Equipment. You agree to notify us immediately in writing or by calling our customer service line at (888) 201-4339 during normal business hours if you become aware that the Equipment or Service(s) have been or are being stolen or used without your authorization. If you fail to notify us in a timely manner, Gateway Fiber reserves the right to terminate your Service(s). 

Customer Owned Equipment. Gateway Fiber does not undertake to service or maintain or service your or third party's computers, DVDs, stereos, appliances, televisions, fax machines, or other equipment. Gateway Fiber is not responsible for any damages to your own equipment, including, but not limited to, any software, data, photo, or other information used in, transmitted, stored, or received by any of your own equipment. 

Service and Maintenance Procedures. In the event you experience a problem with your Service(s) or Equipment, you agree to contact Gateway Fiber customer service at (888) 201-4339. Depending on the nature of the problem, we may need to schedule an appointment for our Service technician to visit your Service Address. We will not charge for Service visits if the Equipment or Service(s) caused the problem. You agree to allow Gateway Fiber employees or agents to inspect, repair, or replace our Equipment or wiring inside and outside the Service Address. If Gateway Fiber determines that customer's own equipment caused the problem, or it was caused by customer's negligence or intentional act, customer's software, customer-installed wiring or hardware, or a pet or domestic animal, then Gateway Fiber may charge for the Service visit and any repairs or replacement of the Equipment. Gateway Fiber reserves the right not to replace the Equipment or Service(s) if a condition exists that will result in further damage to the Equipment until the condition is corrected. 

Limitation of Liability; Indemnification; No Implied Warranties 

No Implied Warranty of Merchantability or Fitness for a Particular Purpose. The goods and Services provided under this Agreement are provided without an implied warranty of merchantability or warranty of fitness for a particular purpose. In lieu of said warranty of merchantability and warranty for a particular purpose, Gateway Fiber provides the express warranty below, which is your sole and exclusive remedy. 

Express Warranty. Gateway Fiber warrants that if there is a Service interruption caused by no fault of you, members of your household, or guests, then Gateway Fiber will not charge you for the period exceeding 24 hours in the billing cycle in which you did not have access to Service. The credit will be prorated daily, with a month being calculated uniformly as 30 days, and will be credited against your next month's bill. To receive a credit, you must request it within 30 calendar days of the Service loss or failure. The foregoing is your sole remedy for a Service interruption. 

Not Liable for Loss of Business, Profits, or Other Loss. You understand and acknowledge that there may be disruptions of your Service(s) from time to time caused by technical failures, Equipment failures, software failures, weather, or negligence of Gateway Fiber employees, contractors, agents, and third parties. Accordingly, as a condition of receiving the Service(s), you agree that Gateway Fiber shall not be liable for any loss of business, goodwill, business reputation, revenues, profits, or increased costs or expenses that you or any person utilizing your Service(s) may incur. Your sole remedy is the credit provided in the subparagraph above. 

Limitations on Gateway Fiber's Liability for Third Parties. Notwithstanding anything contrary in this Agreement, you acknowledge and understand that we may use third parties to provide portions of the Service(s), including third-party services, equipment, and infrastructure (the "supporting Service Providers"), without limitation. Gateway Fiber is not responsible for the performance or non-performance of supporting Service Providers' services, equipment, or infrastructure, even when it constitutes an element or components of our Service(s). Limitations of liability set forth above apply to any acts, omissions, and negligence of Gateway Fiber and the supporting Service Providers which, but for that provision, would give rise to a cause of action in contract, tort, or any other legal doctrine. 

Unauthorized Representation. Gateway Fiber shall not be bound by any undertaking, representation, or warranty made by an agent or employee of Gateway Fiber or our supporting Service Providers in connection with the installation, maintenance, or provision of the Services or Equipment if that undertaking, representation, or warranty is inconsistent with the terms of this Agreement. 

Customer's Indemnification of Gateway Fiber. Except as otherwise expressly set forth in this Agreement, you agree to defend, indemnify, and hold Gateway Fiber and the supporting Service Providers harmless from claims or damages relating to or arising out of your breach of this Agreement by you or any person authorized by you to use the Services and Equipment, including, but not limited to, any claims or damages arising out of postings made using your Internet Services, defamation, copyright infringement, trademark infringement or other proprietary right infringement. 

Security Systems. Certain security systems may not be compatible with our Service(s). You are responsible for ensuring your security system is compatible and is capable of operating as intended using our Service(s). You agree that Gateway Fiber shall not be responsible for any loss arising from failure of your security systems in conjunction with our Service(s). Further, you agree to indemnify and hold Gateway Fiber harmless for all claims arising from sudden failure, including all expenses incurred by Gateway Fiber related to the defense of any such claims. 

Service Interruptions Due to Technical Malfunctions and Force Majeure Events. You understand and acknowledge that there may be interruptions of the Service(s) due to acts of God, war, weather, power failures, Equipment failures, or other similar events beyond the control of Gateway Fiber. Neither Gateway Fiber nor the supporting Service Providers shall have any liability, including as set forth in this Section, for interruptions of Service(s) due to circumstances beyond their control or for claims or damages arising from such interruptions. The Equipment and Services are provided "as is," without warranty of any kind, including the warranties of merchantability or fitness for a particular purpose. 

Customer's Sole Remedies. Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. If any of the above limits are found invalid, the liability of Gateway Fiber and the supporting Service Providers is limited to the extent allowed by law. 

Gateway Fiber's Access to Customers' Premises. By entering into this Agreement, you grant Gateway Fiber an easement on and through your property to construct, install, maintain, inspect, upgrade, extend, expand, and remove and/or replace fiber lines, Equipment, material, and infrastructure, including, but not limited to, poles, wires, fiber optic cables, anchors, guys, cross arms, underground fiber optic cables, and other appurtenances for internal or commercial purposes. Furthermore, as the owner of the premises at which the Services are provided, you will grant Gateway Fiber a perpetual easement, without charge, on and through your premises for each and all of these purposes. You also hereby grant Gateway Fiber the full right of ingress and egress to, from, and over the property in question for doing anything necessary or useful for the enjoyment of the easement hereby granted. If you are not the owner of the premises, you warrant that you have authority to grant such an easement to Gateway Fiber or that you have obtained consent from the owner of the premises for us to construct, install, maintain, inspect, upgrade, extend, expand, remove and/or replace fiber lines, Equipment, material and infrastructure including, but not limited to, poles, wires, fiber optic cables, anchors, guys, cross arms, underground fiber optic cables, and other appurtenances for each and all of these purposes. If Gateway Fiber is required to initiate legal action to recover Equipment, you will be responsible for attorneys’ fees, court fees, and litigation expenses. If Service interruption is extended due to our inability to access the premises, you may be charged for the Service(s) for that additional time. 

Security Deposits. You agree that we may require from you a Security Deposit as a condition of providing the Service(s) at any time. 

Pricing and Payment Terms. Pricing for the Services will be posted on our website, www.gatewayfiber.com. You agree Gateway Fiber may change the prices it charges for its Services and/or Equipment 30 calendar days after the first time the new charges are posted on www.gatewayfiber.com. This Agreement incorporates the rates posted on www.gatewayfiber.com as they may be modified from time to time. The Service(s) and the Equipment are provided month-to-month, and billed to you as much as one month in advance. You may request a change to the level of Service(s) or Equipment you wish to use by notifying Gateway Fiber at least 10 business days before the requested change becomes effective. The new billing rate for your changed Service(s) will be effective concurrent with the change. 

Privacy. Gateway Fiber collects personally identifiable information about customers. As part of delivering Fiber Network Phone Service, Gateway Fiber may also keep information about the quantity, technical configuration, type, destination, location, and amount of your use of phone services, calling patterns and information contained on your telephone bill concerning the phone services you receive. When Gateway Fiber receives that information solely as a result of its provision of phone service to you and that information is accompanied by your name, address, or phone number, it is known as Customer Proprietary Network Information (“CPNI”) and may be subject to special protections. The use and disclosure of this personally identifiable information and CPNI is governed by Gateway Fiber's Privacy Statement (the “Privacy Statement”) and, to the extent not inconsistent with the Privacy Statement, this Agreement. A copy of Gateway Fiber's Privacy Statement is available at www.gatewayfiber.com. Gateway Fiber will also send you a copy of the Privacy Statement if you send your written request to Gateway Fiber, 275 West Service Road North, Suite O, Wright City, MO 63390. Gateway Fiber reserves the right to modify aspects of its Privacy Statement from time to time. If any such modifications are made, they will be posted at www.gatewayfiber.com. 

Dispute Resolution. If a dispute arises out of or relates to this Agreement or its breach and the dispute cannot be settled through negotiation, the Parties to this Agreement agree to submit the dispute to a sole mediator selected by the Parties, or, at any time at the option of a Party, to mediation by the American Arbitration Association (“AAA”). If mediation does not resolve the dispute, it will then be referred to a sole arbitrator selected by the Parties within thirty (30) days after the conclusion of mediation or, in the absence of such selection, to AAA arbitration, which shall be governed by the United States Arbitration Act, and judgment on the award may be entered in any court having jurisdiction. The arbitration shall determine issues of arbitrability but may not limit, expand, or otherwise modify the terms of this Agreement. The Parties, their representatives and other participants and the mediator and arbitrator shall hold the existence, content and results of mediation and arbitration in confidence. Each Party will bear its own attorneys’ fees associated with the mediation and arbitration and will pay all other costs and expenses of the mediation and arbitration and resolve any procedural issues within the mediation or arbitration as the rules of the AAA provide. All such mediations and arbitrations shall be held in St. Louis County, Missouri. Both Parties agree to mediate and/or arbitrate in good faith but if unsuccessful, the choice of venue for litigation shall be in St. Louis County, Missouri.

No Relationship between Gateway Fiber and Other Providers. Nothing in this Agreement creates any joint venture, joint employer, franchisor-franchisee, employer-employee, or principal-agent relationship between Gateway Fiber and any providers of content, backbone, network, circuit, and other technology or communications; between Gateway Fiber and any software and other licensors; between Gateway Fiber and any hardware and Equipment suppliers; or between Gateway Fiber and any other third-party providers of components or elements of the Services. Nothing in this Agreement shall be interpreted to impose upon Gateway Fiber and any such companies any obligations for any loss, debt, or other obligation of the other entity. 

How We May Contact You 

Service Messages, Marketing and Promotional, and Other Messages. Sometimes, we and our affiliates, both present and future, will send you service related (non-marketing), marketing and other messages. Subject to applicable regulations and as described below, you agree to receive such messages from Gateway Fiber and its current and future affiliates, assignees, successors, employees, agents, and others acting or purporting to act on our behalf and that these entities can contact you at the phone numbers or emails you have provided to us for: (1) service related purposes, including, but not limited to, providing communications regarding your accounts, Service(s), payments, or past-due balances, and notifications regarding routine maintenance, outages, installation, emergency alerts, or updates to this Agreement (collectively, “Service Notices”), and (2) marketing and promotional purposes, including, but not limited to, providing communications to update you on the status of the Gateway Fiber network or to promote or advertise additional products and services of Gateway Fiber and its affiliates (collectively, “Promotional Notices”), as permitted by law using any means or method, including but not limited to, by phone, mail, email, text message (such as SMS/MMS), chat (such as RCS), push notifications, or other automated methods, as well as by including messages on or inserts with bills for your Services, and via any phone number, email address, or address you have provided to be associated with your Service(s). 

You agree that messages and notices provided to you using any of these methods are considered received by you upon transmission. You agree to provide accurate, current contact information about yourself; that you have authority to consent to communications to any phone numbers, email addresses, or addresses associated with your Service(s) or that you provide and that this consent may be revoked by providing us with reasonable notice; and that you will promptly notify us if your contact information changes. 

You further agree that any calls or messages sent to phone numbers or email addresses you provide to Gateway Fiber or its current and future affiliates, assignees, successors, employees, agents, and others acting on our behalf, or to phone numbers or email addresses associated with your Service(s), may be sent using an automatic telephone dialing system, artificial or prerecorded voices, or other automated dialing equipment such as a predictive dialer, and you agree to be contacted in this manner unless or until you revoke consent to receive these types of phone messages or texts. 

Please Review Your Bill for Messages and Inserts. Sometimes we send important messages to you through bill messages and bill inserts. If you have electronic billing, you are considered to have received these notices once your electronic bill is available for viewing. If you receive paper billing, you are considered to have received these notices 3 days after we mail the bill to you. Communications sent to you through bills may include Service Notices and Promotional Notices. 

How to Unsubscribe. You are not required to agree to receive Promotional Notices as a condition of purchasing any Service(s). You can unsubscribe from Promotional Notices by following the unsubscribe options in the Promotional Notice itself or as described in the Gateway Fiber Privacy Policy. In the event a federal or state law relating to the contacting of customers is more restrictive than Gateway Fiber’s policies, Gateway Fiber will comply with such law to the extent it is inconsistent with such policies. 

Termination 

Term. This Agreement's term shall commence on the date you sign the Service application and shall continue thereafter until you or Gateway Fiber terminate the Service(s) under this Agreement. After termination, your obligations to Gateway Fiber under this Agreement for unpaid Services previously rendered, damaged or lost Equipment, or other liability shall continue until they are completely satisfied, including, but not limited to, attorneys' fees and other costs of collection. The Service(s) and Equipment are provided to you on a month-to-month basis. 

Termination by You. You may terminate the Service(s) at any time by notifying Gateway Fiber during normal business hours via the contact information listed in this Agreement below. Your liability for Service charges will continue until Gateway Fiber receives and verifies such notice. If you terminate your Service(s), you will be entitled to a refund of any portion of any monthly Service fee which you have paid in advance, less any amounts due to us from you. 

Suspension and Termination by Gateway Fiber. We may suspend your Service(s) without notice if you have failed to comply with any term of this Agreement, including violations of our enumerated acceptable use policies or, for example, failure to pay for the Service(s) provided. 

Your Obligations upon Suspension or Termination. You agree that upon termination or suspension, you will: (i) immediately cease use of the Service(s) and all Equipment; (ii) pay in full for any amount owed for Service(s) and any damage or loss of Equipment, and (iii) you will permit us and our employees, agents, contractors, and representatives to access the Service Address during regular business hours to remove the Equipment and other material provided by Gateway Fiber. 

Reconnection. If Gateway Fiber terminates your Service(s) for nonpayment or other violation of this Agreement, you must pay any applicable charges, late fee and and any other fees pursuant to this Agreement to resume Service(s).

Deletion of Customer Information. Gateway Fiber and the Service Providers reserve the right during the term of this Agreement and upon its termination to delete your voicemail, data, files, or other customer information stored on Gateway Fiber or the Service Providers' servers or systems in accordance with our data storage and information governance policies. You understand and acknowledge that we shall have no liability to you or others for the loss or removal of any such voicemail, data, files, or other customer information. 

Miscellaneous 

How to Contact Us. For any inquiries or notices required in connection with this Agreement, you may contact us: (i) via www.gatewayfiber.com, (ii) in writing at Gateway Fiber, 275 West Service Road North, Suite O, Wright City, MO 63390, or (iii) on our customer service line at (888) 201-4339. 

How You Will Receive Notices. Gateway Fiber may deliver this Agreement or any other communications by sending it to you via U.S. Mail at your billing address on record, your Service Address, or by hand. The notice will be considered given after it is deposited in the U.S. Mail to your billing address or hand-delivered to you. In addition, Gateway Fiber may notify you of changes to this Agreement, Service fees, or Equipment charges by posting it on www.gatewayfiber.com or notifying you of changes in a statement delivered with your bill. 

Entire Agreement. This Agreement, your application, current pricing lists, additional terms, and the Gateway Fiber Privacy Statement can be found at www.gatewayfiber.com (all of which are incorporated herein by reference and may be modified and updated on our website). Those documents constitute the entire agreement of the parties for Service(s) and Equipment. 

Acceptance of, Use of, or Payment for Services is Acceptance of Agreement. When you apply for or accept Equipment or Service(s), you agree to the prices and policies that are currently effective and published on the webpage and all the terms and conditions in this Agreement. You acknowledge that prices and policies may be modified and your continued use of the Service(s) after a 30 day period following a modification reflects your assent to any such modifications.

Governing Law. This Agreement shall be construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws rules. If any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable laws as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of this Agreement shall remain in full force and effect. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default. 

Assignment. Gateway Fiber may assign its rights and obligations under this Agreement, without notice, to: (i) any affiliate of Gateway Fiber or (ii) to any party acquiring all or substantially all the assets of Gateway Fiber. You may not assign or transfer your Service(s) provided this Agreement without Gateway Fiber's prior written consent. 

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. 

Gateway Fiber Rights and Remedies. Nothing in this Agreement shall be construed to limit Gateway Fiber's rights and remedies available at law or in equity. 

Additional Terms and Conditions Applicable to Gateway Fiber Phone Services 

Phone Service Limitations. Phone Services include the ability to place calls to emergency dispatch operators by dialing "911" ("911/E911" and "911/E911 Services"), which may differ from 911/E911 functions furnished by traditional telephone service providers. As such, the 911/E911 services may have certain limitations. CAREFULLY READ THE INFORMATION BELOW. YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS ON 911/E911 CAPABILITIES AND AGREE TO INFORM ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER THE PHONE SERVICES OF THE "911" LIMITATIONS. If you have questions about 911/E911, call Gateway Fiber customer service at (888) 201-4339. 

Correct Address. For your 911/E911 calls to be properly directed to the appropriate emergency authority or service provider, Gateway Fiber must have your correct Service Address. If you move your Service(s) to a different address without Gateway Fiber approval, 911/E911 calls may be directed to the wrong emergency service provider or authority or the address information transmitted to the emergency service provider may be wrong, or the Phone Service (including 911/E911) may fail altogether. Therefore, you must notify Gateway Fiber customer service at (888) 201-4339 at least 10 business days before you move your Phone Service(s) to a new address. All changes in Service Addresses require Gateway Fiber's prior approval. You understand and acknowledge that Gateway Fiber will need 10 business days to update your Service Address in the E911 system so that your 911/E911 calls can be properly directed. 

Network Congestion or Failures. Calls, including calls to 911/E911, may not be completed if there is a problem with the functioning of network facilities, including network congestion, network Equipment failure, or another technical problem. 

Service Interruptions Caused by Power Failures. The Phone Service uses the electrical power from your Service Address. You understand and acknowledge that you may lose access to and use of the Phone Service(s), including 911/E911, under certain circumstances, including, but not limited to, the following: (i) if our network or facilities are not operating or (ii) if electrical power to your Optical Network Terminal ("ONT"), is interrupted and such devices are not supported by a working battery backup. You also understand and acknowledge that the battery backup option that connects to the Gateway Fiber ONT (optical network terminal or modem) may provide power for only a limited time, that the performance of the battery backup is not guaranteed, and that if the battery is exhausted, the Phone Service(s) will not function until normal power is restored. Gateway Fiber ONT’S DO NOT INCLUDE A BATTERY BACKUP. If your phone service is provided by another company, but uses Gateway Fiber internet for connectivity, you will lose access to and the use of that phone service, including 911/E911, during a power outage unless you provide battery backup to the Gateway Fiber ONT.

Limitations on Liability. You acknowledge and agree that Gateway Fiber and its Service providers will not be liable for any Phone Service outage, including any inability to dial 911/E911 using the Phone Service(s), or any inability to access emergency service personnel. You agree to defend, indemnify, and hold harmless Gateway Fiber and its supporting Service Providers from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, but not limited to, attorneys’ fees) by you or any third party user of the Services relating to the failure or outage of the Phone Service(s), including those related to 911/E911 services provided to you in connection with the Phone Service(s). 

Residential Acceptable Use. Unless you subscribe to a plan that expressly permits otherwise, you agree to use the Phone Service(s) only for personal and non-commercial purposes; however, you are permitted to use the Phone Service(s) to make business calls that are incidental to your personal and non-commercial use of the Phone Service(s). In addition, you expressly agree not to use the Phone Service(s) for autodialing, continuous or extensive call forwarding, telemarketing, fax broadcasting, fax blasting, or any other use that results in excessive usage inconsistent with normal residential phone calling patterns. If we determine, in our sole discretion, that your Phone Services are being used for any of these prohibited activities, we reserve the right to immediately and without notice terminate or modify your Phone Service(s). 

Per-call and Measured-call Charges. Calling plans that are all billed on a flat monthly fee basis do not include certain types of calls, such as operator services or international calls. These call types will instead be charged on a per-call or a measured basis. For billing purposes, a measured call begins when the call is answered by the called party or an automated answering device (such as an answering machine or fax machine) and ends when one of the parties disconnects the call. Measured calls are recorded in whole minutes, with partial minutes rounded up to the next whole minute. However, some providers (e.g., those involved in calls to foreign countries) charge Gateway Fiber for a completed call when the called party's line rings or after a certain number of rings. In these situations, Gateway Fiber will charge for the call as if the called party answered it based on how Gateway Fiber is charged for the call. Consult the pricing lists at www.gatewayfiber.com for information on per-call charges and measured-call charges. 

Rounding of Fractional Charges. If the computed charge for a measured call includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. Likewise, if the computed charge for taxes or surcharges includes a fraction of a cent, the fraction is rounded up to the nearest whole cent. 

Third-party Charges. The Phone Service(s) may allow you to access "dial-up" internet service providers or other enhanced service providers (e.g., information services accessible through 800, 888, and 877 numbers). You acknowledge that you may incur additional charges with these types of providers that are separate and apart from the amounts we charge. You agree that all charges payable to third parties, including, but not limited to, all applicable taxes, are your sole responsibility. In addition, you are solely responsible for protecting the security of credit card information you may give to others in connection with such transactions. 

Equipment 

Handset and Wiring. To use the Phone Service(s), you are required to provide certain customer equipment including, but not limited to, a phone handset or equivalent, phone inside wiring and outlets, and a powered electrical outlet. You may attach analog telephones to the ONT (optical network terminal or modem) to use the Phone Service(s). Gateway Fiber does not guarantee that you will also be able to attach telephones to any phone jacks within your premises to use the Phone Service(s). You may request our assistance in enabling use of existing phone jacks and if you do so, Gateway Fiber will charge you applicable Service charges. 

Incompatible Equipment and Services. You acknowledge and understand that the Phone Service(s) may not support or be compatible with: (i) certain non-voice communications equipment, including, but not limited to, alarm or security systems that make automatic phone calls; medical monitoring devices; certain fax machines; and certain "dial-up" modems; (ii) rotary-dial phone handsets, pulse-dial phone handsets, and models of other voice-related communications equipment such as answering machines and traditional Caller ID units; (iii) casual/dial around (10-10) calling; 976, 900, 700, or 500 number calling; and (iv) 211, 311, or other x11 calling (other than 411, 511, 611, 711, and 911). 

By accepting this Agreement, you waive all claims against Gateway Fiber and its supporting Service providers for interference, disruption, or incompatibility between the Equipment and Service(s). In case of such interference, disruption, or incompatibility, your sole remedy shall be to terminate the Service(s) as provided in this Agreement. 

You Assume the Risk of High-Risk Activities. The Services are not represented as fail-safe. They are not designed for use when error-free or uninterrupted Service is essential. Accordingly, you expressly assume the risk of any damage from high-risk activities involving vital communications in which an error or interruption in the Service(s) could lead to material injury to business, persons, property, or the environment. 

No Tampering with or Relocation of Equipment. You will not service, alter, modify, or tamper with the Service(s) or Equipment or permit any other person not expressly authorized by Gateway Fiber to do so. You agree that the ONT (optical network terminal or modem) and the Phone Service(s) will only be used at your Service Address that appears in our records. You understand and acknowledge that if you attempt to install or use such Equipment or Service(s) at another location, the Service(s), including, but not limited to, 911/E911, may fail to function or may not function properly. If you move ONT (optical network terminal or modem) or Service(s) to another location without complying with this Section, you violate this Agreement at your own risk. 

Transferring Your Phone Number 

Switching to Gateway Fiber from Another Phone Provider. If you are switching to our Phone Service(s) from another phone service provider, you may transfer your existing phone number to our Service(s), provided that: (i) you request the phone number transfer when you place your order for our Service(s); (ii) your current phone service provider releases your existing phone number, without delay or charge; and (iii) transfer of your existing phone number to our Service(s) does not violate applicable law or our processes and procedures. If your ONT (optical network terminal or modem) is set up before your phone number transfer becomes effective (such phone number transfer date being the "Port Effective Date"), you may be able to only make limited outgoing calls over the phone that you have connected to such Equipment. In that event, you should keep another phone connected to an existing phone extension at your Service Address to receive incoming calls until the Port Effective Date, after which you will be able both to make and to receive calls using our Service(s); to avoid an interruption in your existing phone service, it is extremely important that you have the ONT (optical network terminal or modem) installed on or before the Port Effective Date. Your existing phone service for the number you are transferring will be disconnected on the Port Effective Date; if your Equipment is not yet activated, you will not have access to our Service(s). If you have questions about the timing of your Port Effective Date, please contact us. 

Switching from Gateway Fiber to Another Phone Provider. To transfer your phone number from Gateway Fiber to another phone service provider, you must place the transfer order through your new phone service provider (and not through Gateway Fiber). Gateway Fiber will release your phone number to your new phone service provider, provided that: (i) your new phone service provider requests the transfer upon termination of your account; (ii) your new phone service provider is willing to accept transfer of the phone number without delay or charge to us; and (iii) transfer of your existing phone number to the new phone service provider would not, in our view, violate applicable law or our processes and procedures. After the phone number has been transferred from Gateway Fiber to the new phone service provider, your future Gateway Fiber phone service charges will be removed from your bill. 

Regulatory Limitations. You understand and acknowledge that the Phone Service(s) may be subject to regulatory or tax treatment that differs from the regulatory or tax treatment applicable to traditional telephone service. This different treatment may limit or otherwise affect your rights of redress through federal or state regulatory authorities. 

Additional Terms and Conditions Applicable to Gateway Fiber Broadband Internet Services 

General. You are responsible for all Internet activity and bandwidth usage originating from the use of the Internet Service(s) at your Service Address. You agree to ensure that use at your Service Address complies fully with this Agreement. You are solely responsible for protecting the confidentiality of your screen names, passwords, PINs, use of parental controls, and other access and security measures. 

You understand that the Gateway Internet Security software includes screening capability that is designed to permit you to limit access to material on the Internet that is harmful to minors.

Equipment and Software 

Monthly Charges. The monthly Internet Service charge will include the cost of the Internet Service level you designate as well as the Equipment installed at the Service Address. 

Installation. Gateway Fiber or a Gateway Fiber-authorized contractor will install the Equipment at the Service Address. 

Acceptable Use 

Lawful Purposes Only. You agree to use the Internet Service(s) for lawful purposes only. You shall not post or transmit through the Internet Service(s) any material (including any message or series of messages) that violates or infringes on the rights of others (including copyright), that is unlawful, threatening, abusive, obstructive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any law. 

No Resale. You may not use the Internet Service(s) for operation as an Internet Service Provider (“ISP”) or the hosting of websites other than as expressly permitted under this Agreement. In addition, you may not use any transmitter or Wide Area Network ("WAN") that enables persons outside your Service Address to use the Internet Service(s) without express written approval from Gateway Fiber and approved application for Internet Service(s) that includes those Internet Services. 

Copyrighted Material. The Internet Services provide access to copyrighted material, trademarks, and other proprietary information. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication, or commercial exploitation of downloaded material is permitted without the consent of Gateway Fiber and/or the third-party copyright owner. 

Postings. You agree to not upload, post, or otherwise make available on the Internet Service(s) any material protected by copyright, trademark, or other proprietary right without the owner's express permission. 

Customer Lists. You give Gateway Fiber consent to use, distribute, transfer, loan, or otherwise share with other persons or entities user lists that include you as well as aggregate information, so long as it is not contrary to any applicable law or Gateway Fiber's Privacy Statement. Aggregate information includes demographic data, usage patterns, preferences, survey data, or other descriptive information that is not capable of disclosing any user’s identity. 

Enforcement of Acceptable Use Restrictions. The provisions of this Section titled “Acceptable Use” are for the benefit of Gateway Fiber, its supporting Service Providers, and licensors, and each shall have the right to assert and enforce these provisions directly on its behalf. 

Additional Operating Policies and Conditions of Use 

You shall not impersonate any person on the system or communicate under a false name or a name that you are not entitled to or authorized to use. 

You shall not participate or use your Internet Service(s) in any way to make fraudulent offers of products, items, or services. 

You shall not mass post the same message to any inappropriate online sites (ex., junk e-mail, bombing, or spamming). 

You shall not post or e-mail scams such as "make-money-fast" schemes or pyramids or chain letters. Nor shall you engage in these activities using the service of another ISP while channeling such activities through the Internet Service(s) or using the Internet Service(s) as a mail drop for responses. 

You shall not use the Internet Service(s) to send unsolicited advertising, promotional material, or other forms of unwanted solicitation except in areas online specifically designated for such communications. 

You shall not interfere with Gateway Fiber's ability to provide Internet Service(s) to others, including, but not limited to, the use of excessive bandwidth or interfering with other users' use of the Internet Service(s). 

You shall not knowingly transfer, post, or transmit files that contain viruses, worms, "Trojan Horses," or any other contaminating or destructive features. 

You shall not export software or technical information in violation of United States export control laws. 

You shall not perform any activity on the Internet Service(s) that constitutes a criminal offense. 

You shall not use the Internet Service(s) in any manner that threatens or causes damage to Gateway Fiber's fiber network. (Examples include "spawning" dozens of processes and consuming excessive CPU memory for long periods.) 

You shall not use any transmitter, router, or WAN that enables persons or entities outside your Service Address to use the Internet Service(s), whether or not a fee is sought. If you use a wireless network or Wi-Fi within the premises at your Service Address, you must establish and use a secure password or similar means to limit wireless access to the Internet Service(s) at your Service Address. 

Monitoring Measures. To the extent permitted by applicable laws, Gateway Fiber reserves the right to monitor customers' actions when necessary to troubleshoot connectivity problems or determine if there is an abuse of Internet Service(s) or a violation of this Section titled “Additional Terms and Conditions Applicable to Gateway Fiber Broadband Internet Services”. 

Violations of Acceptable Use Policies and Restrictions. Violations of this Section titled “Additional Terms and Conditions Applicable to Gateway Fiber Broadband Internet Services” may result in suspension or termination of Internet Service(s). 

Investigations. In its sole discretion, Gateway Fiber may initiate an investigation and, to prevent further possible unauthorized activity, may without notice suspend access to Internet Service(s) to the individual account in question. Confirmation of violations may result in termination of the individual account and referral to law enforcement in cases of unlawful activity. 

Enforcement Disclaimer. By publishing these acceptable use restrictions, Gateway Fiber is not assuming any obligation to any customer or third party to take any action related to these restrictions. Gateway Fiber expressly disclaims any liability to any customer or third party for any failure to: (i) monitor or investigate activity on our network or (ii) enforce these restrictions. 

Gateway Fiber complies with the Online Copyright Infringement Liability Limitation Act of 1998 17 USC 512 (the "Act"). As required by the Act, we have a policy that reserves our right to terminate Internet Service(s) to customers who repeatedly infringe copyrights. If we receive a determination that any customer or account holder has infringed another's copyright through the use of our system or network, we reserve the right to terminate Internet Service(s) to that customer after receiving notice of any further copyright infringement by that customer. Gateway Fiber accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act. 

Service Tier. The Internet Services are offered on a tiered basis. For Internet Service(s), each tier has limits on the maximum throughput rate at which customers should expect to be able to send and receive data at any time. Should you experience any anomalous traffic, you are required to report it to Gateway Fiber within 5 calendar days. If such traffic is reported promptly and results from circumstances outside your control, such as a computer virus, spam attack, or denial of Internet Service attack, Gateway Fiber may, at its discretion, confirm the source of the problem and deduct the bandwidth from your usage statistic. You agree that Gateway Fiber may use technical means, including, but not limited to, suspending or reducing the speed of your Internet Service(s), to ensure the quality of Internet Service(s) to other customers or for other good cause and that Gateway Fiber may, at its option and with notice may move you to a higher tier of Internet Service(s) (which may result in higher monthly charges). You agree that Gateway Fiber has the right to monitor your usage patterns to facilitate the provision of the Internet Service(s) and to ensure your compliance with this Agreement and any additional terms of use found at www.gatewayfiber.com. Gateway Fiber may take such steps as appropriate if your usage of the Internet Service(s) does not comply with this Agreement or any additional terms of use found at www.gatewayfiber.com. 

Service, Speeds, and Availability. You understand and agree that the actual throughput rate you may experience at any time will vary based on numerous factors, including, but not limited to, the condition of wiring at your location, computer configurations, Internet and fiber network congestion and management, the time of day at which the Internet Service is used, and the website servers you access. You agree that any unavailability or impairment of these Internet Services is not a basis for a demand for a refund or credit or any claim against Gateway Fiber. You agree to cooperate with Gateway Fiber in connection with any remote or on-site Internet Service level verification or troubleshooting. 

Monitoring. To the extent permitted by applicable laws, Gateway Fiber shall have the right, but not the obligation, to monitor the content of the Internet Service(s), including, but not limited to, chat rooms, bulletin boards, and forums, to determine compliance with this Agreement and any operating rules established by Gateway Fiber. Gateway Fiber shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Internet Service(s). Without limiting the foregoing, Gateway Fiber shall have the right to remove any material that it finds to be in violation of the provisions hereof or any operating rules established by Gateway Fiber or otherwise to be objectionable (including, but not limited to, indecent or obscene words or material; obstructive or disruptive communications; and epithets and the like). Under no circumstances, however, does Gateway Fiber undertake any obligation to review or determine the acceptability or accuracy of any customer postings.