Business High-Speed Internet Product
Internet access product implemented using a hybrid fiber/coax (“HFC”) or a fiber access network. Customer interface to the data network is via Ethernet connection. Internet Product enables a variety of upstream and downstream rates. If Customer elects to receive Internet Product, Provider shall provide connectivity from Customer site(s) to Customer’s data network.
Certain Internet Products, or features of Internet Products, may not be available in all coverage areas and may change from time to time, at Provider’s sole discretion. In addition, certain non-facilities-based products provided by third parties may be offered to Customer by Provider (“Third-Party Products”). Third Party Products may be subject to additional terms and conditions. Except to the limited extent described in this Attachment, Provider makes no warranties of any kind (express or implied) regarding Third-Party Products and hereby disclaims any and all warranties pertaining thereto (including implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose). Provider does not have title to and is not the manufacturer of any software or hardware components of any Third-Party Products nor is Provider the supplier of any components of such software or hardware. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DAMAGES ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY THIRD-PARTY PRODUCTS.
Customer’s use of the Internet Product is subject to the following additional terms and conditions:
- Minimum Equipment Requirements. Customer shall maintain certain minimum equipment and software to receive the Internet Product (see www.iristransport.com for the current specifications). The minimum configuration standards may change, and Provider will make reasonable efforts to support previously acceptable configurations; however, Provider is not obligated to continue to provide such support. Provider may supply Provider Equipment such as modems, gateways, routers, or wireless cards, for a fee, to operate the Internet Product. Provider reserves the right to provide Product only to users with Provider-approved equipment. Customer acknowledges that such Provider Equipment may require updates and/or changes to the software resident in the Provider Equipment and that Customer may be required to perform such updates and/or changes. Customer hereby authorizes Provider to perform updates or changes, on-site or remotely from time to time as Provider deems necessary, in Provider’s sole discretion. Customer will not connect any equipment, other than equipment authorized by Provider, to the Provider Network. When Provider installs the Internet Product, Customer will need a network interface card or adapter providing an Ethernet connection. Alternatively,
Customer may connect to a networking device (commonly referred to as a router or gateway).
- Software. At the time of installation of the Internet Product, Provider may provide Customer with common Provider or third-party software (e.g., a browser and plug-ins) to enable and enhance the Internet Product, subject to the license terms and restrictions in the Provider Product Agreement. Customer hereby represents and warrants to Provider that Customer owns the operating system software and associated use/license rights thereto for the computers that are connected to the Provider Network.
- Internet Product Speeds. Provider shall use commercially reasonable efforts to achieve the Internet speed attributable to the bandwidth for the Internet Product selected by Customer, however, actual speed, also known as throughput rate, may vary. Many factors affect speed experienced by Customer as outlined in Provider’s Network Management Practices.
- Security. Customer shall take commercially reasonable security measures when using the Internet Product and assumes sole responsibility for use of the Internet Product and for access to and use of Customer Equipment used in connection with the Internet Product and Provider Network.
- Acceptable Use Policy. Customer shall comply with the terms of Provider’s Acceptable Use Policy (“AUP”) found at www.iristransport.com and that policy is incorporated by reference into this Product Agreement. Customer represents and warrants that Customer has read the AUP and shall be bound by its terms as they may be amended, revised, replaced, supplemented or otherwise changed from time-to-time by Provider with or without notice to Customer. Provider may suspend Product immediately for any violation of the AUP.
- Provider Business Wi-Fi. Provider Business Wi-Fi supported by a Provider-provided wireless router is a product available to certain Customers and provides wireless access to the Internet Product within the Product Location (“Wi-Fi Network”), for which Customer may be charged a fee consistent with Provider’s then-current practices. Customer must purchase Provider Internet Product in order to receive Provider Business Wi-Fi. The Provider- provided Wi-Fi router comes programmed with certain default settings and configurations for the Wi-Fi Network. Customer may modify the default settings and configurations on the Provider-provided Wi-Fi router although Provider recommends maintaining the default configuration and settings. Provider does not guarantee the security of the Provider-provided Wi-Fi router and Customer’s connection to the Internet Product via the Wi-Fi Network. Customer understands and agrees that Customer is solely responsible for the security of its Wi-Fi Network and must enable and use encryption in order to access Provider-provided applications. Customer understands that this product is intended to be used by the Customer and its End Users and that Provider accepts no liabilities for any third-party usage.
The Provider-provided Wi-Fi router will collect and maintain certain information regarding access to and use of the Wi-Fi Network, which information shall include but not be limited to device identifiers, device name, device type, applications and protocols, connections, and traffic flows. Such information will be used by Provider to provide the Internet Product and support, as well as for Provider’s internal business analytics regarding the use of the Internet Product. Customer acknowledges and agrees that Provider shall have access to the network name and password associated with the Provider-provided Wi-Fi router in order to provide support and diagnostic services. Provider reserves the right to modify the Wi-Fi network name and password for the Provider-provided Wi-Fi router in order to safeguard Internet security, the security and privacy of Customer’s information, where required by law, or for other good cause to provide, upgrade, and maintain the Internet Product, and protect the network, other users of the Internet, or our customers and subscribers. Abusive, vulgar, offensive, inappropriate or profane Wi-Fi Network names are prohibited and may be modified in Provider’s sole discretion. Customer acknowledges that the Provider-provided Wi-Fi router is Provider Equipment.
(Terms and Conditions Revised as of October 19, 2019)