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LUMOS RESIDENTIAL TERMS AND CONDITIONS

These residential Terms and Conditions, along with Lumos’s Acceptable Use Policy for Internet and TV Services (“AUP”), Privacy Policy, and individual customers’ service orders (collectively, “Lumos Agreements”), each of which is incorporated herein, govern all services, including the provision of equipment (“Services”) provided by Gridiron Fiber Corp., on behalf of itself and its direct and indirect subsidiary companies, as well as its successors and assigns (collectively, “Lumos”) to residential customers (collectively “Customers”). By utilizing a Service, each Customer consents to, and agrees to comply with, the Lumos Agreements. From time to time, Lumos may revise one or more of the Lumos Agreements, with or without notice to Customers in compliance with all laws and regulations, and Customers are encouraged to check the Lumos website regularly for any updates. 

1. Law, Regulation, Tariffs. For some of the Services, Lumos is subject to state and federal laws and regulations, including tariffs. To the extent that such laws, regulations, or tariffs apply to Services and conflict with a provision of these Terms and Conditions, such applicable law, regulation, or tariff controls. In addition to tariffed services, Lumos non-tariffed services may be subject to web-posted price lists or terms and conditions posted at https://www.lumosfiber.com/regulatory/tariffs/. Lumos may make reasonable rate changes to non-tariffed services from time to time without notice. Notwithstanding the foregoing provision, in the event of any inconsistency between the Lumos Agreements and relevant law, regulation, or tariff, the rates and other terms set forth in the Lumos Agreements will be treated as valid and enforceable on an individual-case basis to the maximum extent permitted by law. If Lumos voluntarily or involuntarily cancels or withdraws a tariff under which Services are provided, the Services will then be guided by the Lumos Agreements and, as applicable, to the tariffs in effect immediately prior to cancellation or withdrawal. If Lumos is required by a governmental authority to modify a tariff under which Services are provided to Customer in a manner that is both material and adverse to Customer, Customer may terminate the applicable Services upon a minimum thirty (30) days prior written notice to Lumos without further liability.  
2. Installation. Lumos is responsible for installing and maintaining Service(s) to the Network Interface Device (NID) at the Customer’s premises. For the purposes of these Terms and Conditions, the NID is a device that demarcates Lumos’s network and facilities from a Customer’s premises wiring and facilities.  Lumos will use commercially reasonable efforts to make the Service(s) available on or before the quoted Service date. Customer agrees to obtain all necessary consents to install Service(s) on the Customer’s premises from any third parties, such as landlords or homeowners’ associations, including any consents needed for Lumos to access and maintain equipment at such premises. Customer agrees to furnish and maintain at Customer’s premises, at its expense, adequate space for any required equipment and the power required for Services. Customer and Lumos will coordinate on the installation of Services. If Lumos is not able to obtain, on reasonable terms and conditions as determined by Lumos, any right of way, easement, permit, or license, including pole attachment rights, that lie outside Customer’s premises and are required for the installation or provision of Services, Lumos will give notice to Customer that Lumos is not able to provide the Service. If the presence of hazardous materials, such as asbestos, or other threats to safety exist or are detected on the Customer’s premises, Lumos may immediately stop providing or installing Service(s) until Customer has caused such materials or threats to safety to be removed. Customer shall be responsible for any additional expenses incurred by Lumos as a result of encountering or avoiding such hazardous material or threats to safety.
3. Billing and Payment.
   1. Customer will provide Lumos with its name, address, telephone number, and any other information Lumos reasonably requests to facilitate billing. Customer may be required to make an advance payment. Customer agrees to promptly update Lumos whenever its billing information covered in this paragraph changes.
   2. Customer is responsible for paying all charges associated with the Service, including local, state, and federal taxes, surcharges, and government-imposed fees, contributions, and assessments that relate to the Services (collectively “Taxes”).  Regular monthly Service and equipment charges are billed monthly. Customer agrees to pay all applicable charges for Service by the due date set forth in Customer’s monthly billing statement. Lumos may change the rates for Customer’s Service (including late fees) at any time provided that prior notice of increases to Customer’s regular monthly rates will be provided as required by applicable law or by a notice on or with Customer’s bill, by email to Customer’s email address on file with Lumos, by United States Mail to Customer’s billing address, or as provided in Section 19 below.
   3. Customer will pay each invoice by the due date indicated on the invoice.  A late payment charge applies to any unpaid balance following the due date on any invoice. Customer shall be responsible for all costs and expenses that Lumos reasonably incurs to collect overdue payments from Customer.
   4. When a check or draft tendered to Lumos for payment from Customer’s account does not clear, or when the billing is dishonored by the institution on which it is drawn, Lumos may charge Customer a fee of $25.00, which may be applied to Customer’s account when Lumos learns that the Customer’s payment has failed.
4. Offer Descriptions, Privacy Policy, Transparency Disclosures. A description of Lumos’s service offerings and rates may be found on Lumos’s website at www.lumosfiber.com. Lumos’s Privacy Policy may be found on Lumos’s website at www.lumosfiber.com/privacy-policy/. Lumos’s disclosures required by the Internet Freedom Transparency Rule adopted by the Federal Communications Commission may be found at www.lumosfiber.com/fcc-transparency-rule/.
5. Billing Disputes. If Customer believes Lumos has made a billing error, Customer must contact Lumos within ninety (90) days of the date of the invoice that contains the disputed charge. Customer waives its right to dispute any invoice thereafter, and refunds or adjustments will not be issued for any charge or Tax that was invoiced more than ninety (90) days prior. Customer may withhold the disputed portion of a bill pending resolution of the dispute, but all non-disputed charges are due on the due date indicated on the invoice.  Customer may not offset non-disputed charges or Taxes in connection with disputed, but previously paid, charges or Taxes. Lumos will notify Customer of the results of its inquiry into any disputed invoices, and either adjust the billing, issue a credit, or notify Customer that all or a portion of the disputed amount is still owed. Credits due to Customer will be issued no later than Customer’s next billing cycle following a determination that a credit is warranted, or within thirty (30) days from Lumos’s determination that a credit is warranted, whichever is sooner.
6. Term/Renewal.  The term shall commence on the installation date and will renew thereafter on a month-to-month basis until terminated by either the Customer or Lumos pursuant to the Lumos Agreements.
7. Termination of Service by Customer. Customer may terminate any Service with thirty (30) days’ prior notice to Lumos, and Customer shall pay for all Services rendered through the date on which the termination becomes effective.
8. Termination of Service by Lumos. Where permitted by law, Lumos may immediately suspend or terminate Service to Customer (at Lumos’s option) without penalty or liability for the following reasons:
   1. nonpayment of any sum due for Service where Customer’s charges remain unpaid more than ten (10) business days following written notice from Lumos that payment is overdue; 
   2. abandonment of service; 
   3. Customer’s acts or omissions that (i) violate the Lumos Agreements, (ii) threaten to interfere with Lumos’s operations, or (iii) interfere with Lumos’s furnishing of Service to another Customer; 
   4. use of foul, threatening, and profane language; or 
   5. where Lumos reasonably deems partial or complete termination of any Service to be necessary to prevent unlawful use of its Services.
   • In the event of such termination by Lumos, Customer shall pay for all Services rendered through the date on which the termination is in effect.
9. Internet Service Availability; Speeds. Lumos will use commercially reasonable efforts to provision Customer’s Internet connection up to the maximum advertised speed, but actual speed experienced by the Customer will vary based on multiple factors beyond Lumos’s control, such as unusual congestion caused by extrinsic factors; the condition of wiring inside the Customer’s location; Customer’s computer and other devices configuration; Internet congestion on network and facilities not provided by Lumos; and the server speeds of websites accessed. As a condition of Customer’s purchase of Service, Customer acknowledges that Customer may not be able to obtain the maximum advertised speed of a Service.
10. Commitment to Non-Discrimination.  Lumos is committed to providing Services in a non-discriminatory manner.  Lumos does not discriminate against any person or community on the basis of race, color, religion, ancestry, creed, national origin, sex, marital status, physical or mental handicap, sexual orientation, income level, or age in any aspect of its operations. 
11. Permitted Use. Customer must comply with Lumos’s AUP and Network Management Policy. The current versions of these policies are available on this website. Lumos’s Services may not be used, directly or indirectly, for any unlawful purpose. Lumos reserves the right to contact law enforcement to report any illegal activity.
12. Security; Fraud.
    1. Customer may receive a username, password, and account designation from Lumos for certain Services. Customer is responsible for taking all necessary measures, including but not limited to changing any default passwords, in order to keep its account secure. Customer must notify Lumos immediately upon discovering any unauthorized use of its password-protected or other Services. Any usernames, passwords, and email addresses distributed by Lumos remain the property of Lumos.
    2. Customer is responsible for physically and logically/electronically securing its equipment against fraudulent or unauthorized use or misuse of, or access to, the Services. 
    3. Unless caused by Lumos’s gross negligence, Customer is responsible for all use of the Services associated with Customer’s accounts, including fraudulent use or use caused by compromise of Customer’s account or equipment, and Customer shall pay all charges and Taxes associated with such fraudulent use or account compromise.  
13. Copyright; Trademark; License.  The Service and any associated equipment, firmware, and software used to provide the Service, or provided to Customer in conjunction with the Service; Lumos’s websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively, “Marks”); and all information, documentation, and other materials related to the foregoing, including those on Lumos’s websites, are proprietary to Lumos and shall remain Lumos’s exclusive property. They are protected by trademark, copyright or other intellectual property laws and regulations. Nothing in the Lumos Agreements grant Customer the right or license to, and Customer shall not, use any of Lumos’s exclusive property, including the Marks. 
14. Local and Long Distance Calling.  Current rates and offers for Unlimited Local and Long Distance Calling are available at https://lumosfiber.com/residential/home-phone. Additional charges apply for taxes, fees, international calling and calls to directory assistance and operator services.
15. Emergency Services.  
    1. Customer has access to either basic or Enhanced 911 (E911) service (collectively, “Emergency Services”), depending on location, using fixed telephone service via traditional telecommunications networks or interconnected Voice over Internet Protocol (“VoIP”). As part of the Emergency Services, Lumos will transmit Customer’s 911 calls to the appropriate local emergency authority, including customer’s telephone number and permanent street address, plus additional information such as suite, apartment, or similar information necessary to adequately identify the location of the fixed telephone device from which the Customer calls 911. 
    2. THERE ARE CIRCUMSTANCES UNDER WHICH LUMOS’S VOIP 911 SERVICE MAY BE UNAVAILABLE OR LIMITED. Examples include, but are not limited to, relocating Customer’s fixed telephone device to a different physical location than where service was installed, use of a telephone number that Lumos has not assigned to Customer, loss of a broadband or internet connection, loss of electrical power, and delays that may occur in making location information available to the appropriate local emergency authority. CUSTOMER SHALL CONTACT LUMOS IF THERE IS ANYTHING CUSTOMER DOES NOT UNDERSTAND REGARDING THIS SECTION. Customer should also inform any of its customers, employees, guests or other third persons who may be present at the physical location where Customer has installed and utilizes Lumos’s VoIP services of these limitations. IF CUSTOMER IS NOT COMFORTABLE WITH THE LIMITATIONS OF VOIP 911 SERVICE, CUSTOMER SHOULD CONSIDER USING AN ALTERNATE MEANS OF ACCESSING 911 SERVICES OR FINDING AN ALTERNATIVE TO LUMOS’S VOIP SERVICE.
    3. Lumos VoIP service is only available as a fixed service and not as a nomadic or mobile offering. If Customer moves its fixed telephone device to a new permanent street address, or if Customer’s existing address changes even without a move, Customer must promptly notify Lumos of any such changes to determine if VoIP service can be provided at the new permanent street address. If Customer attempts to use Lumos VoIP service from a new location without first notifying Lumos and receiving Lumos’s permission, emergency personnel may not be able to accurately locate Customer to adequately respond to an emergency.
    4. If Customer is using a Lumos-provided phone or VoIP service as a multi-line telephone system (“MLTS”), Customer must take all necessary and appropriate actions to ensure compliance with obligations applicable to MLTS systems to support direct dialing to 911, central notification, and location information.
    5. Lumos has no responsibility or liability to Customer or any third party in connection with, or for responding to, emergency 911 or other emergency referral calls.
16. Equipment; Maintenance and Ownership of Equipment. Lumos does not guarantee that any Service will work as intended if Customer uses equipment to access such Service other than the equipment provided by Lumos, or if the equipment provided by Lumos is used in any way other than its intended use. Lumos has no responsibility for the operation, support, maintenance, or repair of any non-Lumos equipment, software, or services that Customer chooses to use in connection with the Service. Customer is responsible for returning any Lumos equipment in an undamaged condition, subject only to reasonable wear and tear, within fifteen (15) days of the termination of Service. Failure to do so may result in the imposition of an equipment fee that may be substantial. In the event that the equipment owned by Lumos is stolen, Customer must provide Lumos with a copy of the police report to verify that the equipment was reported stolen. If no report is produced, then Customer will be financially responsible for the stolen equipment.
17. Liability of Lumos.
    1. The liability of Lumos for interruptions, degradation, delays, outages, periods of unavailability, and failures in transmissions (each a “Service Problem”) is limited to credits issued by Lumos to Customer, which is Customer’s sole and exclusive remedy for Service Problems. No credit will exceed the charges billed by Lumos to Customer for the period during which the Service Problem occurred. Lumos will issue a credit only when the Service Problem lasts more than twenty-four (24) consecutive hours. No credits will be issued based on accumulated non-continuous periods of interruption.
    2. LUMOS IS NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING THE LOSS OF GOODWILL, LOSSES ASSOCIATED WITH LOST OR STOLEN DATA, LOST SAVINGS, AND/OR LOST PROFITS) ARISING OUT OF OR OTHERWISE RELATING TO LUMOS PROVIDING OR FAILING TO PROVIDE SERVICES TO THE CUSTOMER. CUSTOMER AGREES THAT ITS EXCLUSIVE REMEDY AGAINST LUMOS FOR ANY AND ALL DAMAGES ARISING FROM CUSTOMER’S USE OF LUMOS SERVICES IS LIMITED TO THE TOTAL AMOUNT PAID OR PAYABLE FOR THE PREVIOUS TWELVE-MONTH PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ANY AND ALL CLAIMS, INCLUDING THOSE FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY.
18. Indemnity. Customer shall indemnify and hold harmless Lumos for any liability with respect to any and all claims, demands, damages, losses, costs or expenses, of every kind (including specifically special, indirect, incidental, punitive, exemplary, and consequential damages, as well as attorneys’ fees) arising, directly or indirectly, from Customer’s actions, omissions, or use of Lumos’s Services or equipment, including in connection with the content of any communications by Customer or using Customer’s accounts.
19. Limited Warranty. OTHER THAN AS EXPRESSLY SET FORTH HEREIN AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LUMOS MAKES NO WARRANTIES REGARDING THE SERVICE OR ITS EQUIPMENT, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, LUMOS DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT WILL BE SECURE; WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OR DEGRADATION OF VOICE QUALITY; OR FREE OF LOSS OF CONTENT, DATA, OR INFORMATION. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR EQUIPMENT, IF ANY, BY OR ON BEHALF OF LUMOS, ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.  ALL HARDWARE AND EQUIPMENT IS BEING PROVIDED “AS IS” AND WITHOUT WARRANTY OR GUARANTY OF ANY KIND, OTHER THAN ANY APPLICABLE ORIGINAL EQUIPMENT MANUFACTURER WARRANTY. CUSTOMER IS SOLEY RESPONSIBLE FOR BACKING UP ITS DATA, FILES, AND SOFTWARE PRIOR TO THE INSTALLATION OF SERVICE AND AT REGULAR INTERVALS THEREAFTER. 
20. Severability and Waiver. Lumos may waive portions of the Lumos Agreements (except for regulatory obligations imposed by any federal, state, county, or municipal authority or agency having jurisdiction over Lumos or its Services) but such a waiver does not constitute a general waiver of the Lumos Agreements.
21. Notices. Lumos’s notices to Customer shall be deemed given: (a) when sent by email to Customer’s last-known email address according to Lumos records; (b) when deposited in the United States mail addressed to Customer at Customer’s billing address; or (c) when hand-delivered to Customer’s premises.  Lumos may also include general notices to Customers in billing statements. Customers shall promptly inform Lumos of any changes to their email address by emailing customer service at help@lumos.net.
22. Assignment. Customer may not assign, transfer, or resell Services to any other party without Lumos’s prior written consent. Customer understands, acknowledges, and agrees that Lumos may delegate performance of some or all of its rights and obligations hereunder to third parties. 
23. Force Majeure. Lumos shall not be liable to Customer if the Services are affected by causes beyond Lumos’s control including, without limitation, fire, explosion, flood, earthquake, lightning, tornado, storms, failure of commercial power, work stoppages, cable cuts, third-party vendors, pandemics, or epidemics.
24. Governing Law and Venue. The Lumos Agreements shall be construed and enforced in accordance with the laws of the State of North Carolina without giving effect to any choice of law or conflict of law provisions. Subject to the requirements of Section 25, any action or dispute arising out of, or in connection with the Lumos Agreements shall be brought for trial and determination in the appropriate court with jurisdiction in Guilford County in the State of North Carolina.  Customer hereby irrevocably consents to the exclusive jurisdiction of such courts and to the service of process by mail outside of the jurisdiction. Customers waive the right to object, with respect to such action, that such court does not have any jurisdiction over such party or that service by mail was not adequate. The prevailing party in any action or dispute brought under the Lumos Agreements shall be entitled to an award of its reasonable attorneys’ fees and costs.  
25. Dispute Resolution.  EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THe lumos AGREEMENTs OR ANY ASPECT OF THE RELATIONSHIP BETWEEN THE CUSTOMER AND LUMOS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. CuSTOMER AGREEs THAT LUMOS AND CUSTOMER ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. CUSTOMER AGREES THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND CUSTOMER IS AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. any arbitration under this provision will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by LUMOS that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.  The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude CUSTOMER from bringing issues to the attention of federal, state, or local agencies.
    
    If a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply.  The remainder of the lumos Agreements will continue to apply and be unaffected by this severability provision.
26. Order of Precedence. If there is any conflict or inconsistency between the provisions of the Lumos Agreements as applied to a Customer, the conflicting terms of the Lumos Agreements will prevail in the following order:  (i) these Terms and Conditions (except when expressly preempted by a provision in a Customer’s individual service order); (ii) the AUP; and (iii) a Customer’s individual service order.
27. Modifications. Lumos reserves the right to modify the Lumos Agreements at any time, including, but not limited to, the right to change any rates, charges, and tariffs pursuant to applicable law.

ACCEPTABLE USE POLICY FOR INTERNET AND TV SERVICES

INTRODUCTION 

This Acceptable Use Policy (“AUP”) sets forth the acceptable use of Lumos’s broadband Internet access service (“Internet Service”) and Video/Television services (“TV Service,” Internet Service and TV Service arecollectively referred to herein as “Services”) by Customers. Capitalized terms used but not defined herein shall have the meanings set forth in Lumos’s Terms and Conditions. Lumos may revise this AUP from time to time by posting a new version on Lumos’s website at www.lumosfiber.com. Revised versions of this AUP are effective immediately upon posting. Customer recognizes and agrees that Customer’s continued use of Lumos’s Services will constitute Customer’s acceptance of this AUP, as amended from time to time.  

Customer agrees not to violate, or allow others to violate, the terms of this AUP. Failure to do so could result in the immediate suspension or termination of Customer’s Services. If any Customer does not agree to comply with this AUP, Customer must immediately stop all use of the Services and notify Lumos so that Lumos can close the account. Questions regarding this AUP, or complaints of violations of it, should be directed to Lumos at help@lumosfiber.com.   

PROHIBITED USES AND ACTIVITIES 

General Prohibitions: Customer shall not use the Services, or allow others to use the Services, in any manner, or for any purpose, that is in violation of any applicable federal, state, local or international law, order or regulation; is harmful to Lumos’s network; interferes with the use or enjoyment of the Services received by others; infringes the intellectual property rights of others; results in the publication of threatening or offensive material; or otherwise violates the Terms and Conditions or this AUP.  

Security Violations: Customers are solely responsible for maintaining the security of their systems and equipment that connect to and use the Services. Any use of the Services that violates the security or integrity of Lumos’s network is prohibited. Such violations include but are not limited to:  

1. Disrupting or degrading the performance of the Internet Service, including, without limitation, transmitting any files that contain a virus or other harmful feature regardless of intent, purpose, or knowledge;  
2. Accessing any other person’s or entity’s computer or computer system, network, software or data without their knowledge and consent; 
3. Reselling or redistributing (for example, through Wi-Fi) the Services to anyone outside Customer’s premises, unless you are a business Customer subject to a written contract that expressly permits such use;  
4. Using the Internet Service for web hosting, email hosting or other unusually high-bandwidth consumption unless you are a business Customer subject to a written contract that expressly permits such use; or,  
5. Using the Internet Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”), unless you are a business Customer subject to a written contract that expressly permits use of a static IP address.  

Violation of Intellectual Property Rights: The Services shall not be used to upload, download, post, publish, transmit, reproduce, or distribute in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner.  

Threatening Material, Content, or Conduct: The Services shall not be used to post or transmit material or content which is libelous, obscene, unlawful, threatening, or defamatory, or encourages conduct that would constitute a criminal offense.  Customer shall not engage in a threatening manner with or toward any Lumos personnel or any Lumos vendor’s personnel.

Spam:  The Internet Service shall not be used to transmit, or collect responses from, unsolicited bulk or commercial messages commonly known as “spam.”  

AUP ENFORCEMENT 

Lumos reserves the right to investigate suspected violations of this AUP and take steps to enforce it.  If practical, Lumos may inform Customers of inappropriate activities and give them a reasonable period of time in which to take corrective action. However, if a Customer engages, or allows another to engage, in any conduct that Lumos in its sole discretion believes violates this AUP, the Terms and Conditions, or any other Lumos policy, Lumos may take any responsive actions it deems appropriate under the circumstances with or without notice, including, but not limited to, immediately suspending or terminating Customer’s Services and/or account.  

NO WAIVER; SEVERABILITY 

The failure of Lumos to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. Customer agrees that if any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions of this AUP will remain in full force and effect.  

COPYRIGHT INFRINGEMENT AND DIGITAL MILLENNIUM COPYRIGHT ACT 

Lumos is committed to complying with U.S. copyright and related laws and requires all Customers and users of the Services to comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.  

Lumos respects the intellectual property rights of third parties. Accordingly, Customer may not store any material or use Lumos’s systems or servers in any manner that constitutes or results in an infringement of third-party intellectual property rights, including under U.S. copyright law. In accordance with the DMCA and other applicable laws, Lumos may suspend or terminate any Services provided to any Customer who has infringed or allowed others to infringe, third party intellectual property rights, including repeat infringers of copyrights. In addition, Lumos expressly reserves the right to suspend, terminate or take other interim action regarding any Services of Customer if Lumos, in its sole judgment, believes that circumstances relating to an infringement of third-party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Lumos may have under law or contract. 

Lumos also reserves the right to suspend or terminate Services, with or without notice, for any Customer whose account has been used to upload, download, post, publish, transmit, reproduce, or distribute in any way any content that infringes a third-party copyright or otherwise interferes with the copyright rights of the owner of the copyrighted content, or whom Lumos, in its sole discretion, believes is infringing these rights.  

If you believe that copyrighted material has been used in violation of this policy or otherwise been made available through the Services in a manner that is not authorized by the copyright owner, its agent or the law, please contact Lumos. Lumos may, but is not required to, monitor Customers’ compliance with this AUP. Customer acknowledges that Lumos shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available through the Services, including but not limited to content that violates the law, the Terms and Conditions, or this AUP. 

Upon Lumos’s receipt of a notice of claimed copyright infringement that satisfies the requirements of the DMCA and that provides the IP address of the alleged infringer, Lumos will notify the subject Customer that Lumos has received a notice on behalf of a copyright owner that the Customer’s account has been involved in copyright infringement and provide the Customer with a copy of the notice of claimed infringement. If Lumos receives multiple notices of claimed infringement by a Customer, Lumos will inform the Customer that it is an apparent repeat offender, and Lumos may suspend or terminate the Service and/or account at Lumos’s sole discretion.  

Customer expressly agrees to waive any and all claims, whether based in tort or contract or other theory of liability, against Lumos for any actions Lumos takes under this AUP.  Customer further agrees that it will not attempt to make Lumos a party to any disputes or lawsuits regarding alleged copyright infringement, and to the extent lawful it will resist and oppose others’ attempts to make Lumos a party to any such disputes in which Customer is a party. Any Customer who knowingly makes misrepresentations under the DMCA regarding alleged copyright infringement may be liable to Lumos for any damages incurred by Lumos. 

Notices of claimed copyright infringement and counter-notifications under the DMCA should be sent to Lumos’s Designated Agent:  

NETWORK MANAGEMENT POLICY

This policy explains the network management practices Lumos uses for its broadband Internet access services (“Internet Service”). It is intended to help current and prospective customers make informed choices about the use of Lumos’s Internet Services. Capitalized terms used but not defined herein shall have the meanings set forth in Lumos’s Terms and Conditions or AUP.

1. Network Management Practices
   
   Lumos consistently monitors the connections on its network in the aggregate to determine the rate of utilization. Based on this monitoring, Lumos proactively increases capacity by adding fiber optic nodes, transport, aggregation routers, and bandwidth. In rare instances, Customers may experience longer download or upload times, or slower transmission speeds as a result of network congestion. In these instances, Lumos proactively engages in re-routing of Internet traffic to relieve congestion.
   
   Lumos’s network and congestion management practices are “application-agnostic,” based on current network conditions, and are not implemented on the basis of a Customer’s size, online activities, protocols or applications. Lumos does not manage congestion by capping an individual Customer’s usage, reducing the speed of an individual Customer’s service once a certain amount of usage is exceeded, or through other similar actions. Lumos focuses on anticipating and avoiding congestion by monitoring network usage and augmenting capacity in a targeted manner.
2. Network Security
   
   Lumos understands the importance of securing its network and customers from network threats and annoyances. Lumos promotes the security of its network by providing resources to its Customers for identifying and reporting such threats as spam, viruses, firewall issues, and phishing schemes. Lumos also deploys spam filters in order to divert spam from a Customer’s email inbox while allowing the Customer to control which emails are identified as spam. Lumos does not block any protocols, content, or traffic for purposes of network management, except that Lumos attempts to block or limit spam, viruses, malware, and denial of service attacks.
   
   Customers whose conduct abuses or threatens Lumos’s network or which violates the Lumos Terms and Conditions or AUP will be requested to stop any such use immediately. A failure to respond to such request or to cease such conduct could result in immediate service suspension or termination.
3. Network Performance
   1. Service Description
      
      Lumos offers a variety of Internet Services, each of which may have a different service capability speed. The term “speed” is often used to describe the capacity at which a particular Internet Service can transmit data. The capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (Kbps, Mbps or Gbps). Some applications, such as sending email without an attachment or basic web browsing, do not require high-capacity speeds to function optimally. Other activities, like transferring large data files, are best performed with higher-speed Internet Services. Lumos works with Customers to help them decide what service speed best meets their needs.
   2. Expected and Actual Speed and Latency
      
      Lumos measures availability, latency, and aggregate utilization on the Lumos network. Lumos strives to support advertised speeds and will dispatch repair technicians to Customer sites to troubleshoot and resolve speed issues if those issues are on the Lumos network. However, the actual speed experienced by a customer will vary based on multiple factors beyond Lumos’s control, such as the condition of wiring inside the customer’s location; the customer’s computer and other devices configuration; Internet congestion on network and facilities not provided by Lumos; and the server speeds of websites accessed.
   3. Specialized Service
      
      In some locations, Lumos provides Lumos TV, which is a real-time service that utilizes significant bandwidth and is not tolerant of latency. In the rare instance of Lumos network congestion, Lumos TV is given priority over general Internet traffic because general Internet traffic is less affected by latency.

INSIDE WIRE MAINTENANCE PLAN TERMS & CONDITIONS

These Inside Wire Maintenance Plan Terms and Conditions (“WMP Terms”) must be read in concert with the Lumos Terms and Conditions, which are incorporated by reference herein. Customer is responsible for maintaining that part of its telephone, data, and TV lines between the optical network terminator (which is usually a box attached to the outside of Customer’s residence) up to and including the telephone set, set top box, and router/modem. To help Customer maintain the wiring and jacks inside Customer’s residence, Lumos offers an optional Inside Wire Maintenance Plan subject to the following terms:

Lumos warrants all repair work performed and products delivered under the Inside Wire Maintenance Plan for a period of thirty (30) days after completion of the repair work. Should any work performed hereunder fail to meet industry standards and be reported to Lumos within said thirty (30) day period, Lumos shall re-perform the nonconforming services, and/or repair at no additional charge. Such re-performance of work and/or repair shall constitute the entire liability of Lumos and sole remedy of the Customer under this warranty, whether a claim or remedy is sought in contract, tort (including negligence), strict liability, or otherwise. The foregoing warranties are exclusive and in lieu of all other warranties, whether written or implied, in fact or in law.

1. By using this Lumos service, Customers agree to be bound by these WMP Terms as well as those set forth in the Lumos Agreements.
2. Customer agrees to pay monthly charges for the Inside Wire Maintenance Plan.
3. These WMP Terms supersede all previous representations, agreements, or understandings between the parties pertaining to this subject matter and, together with the Lumos Agreements, shall be the prevailing terms for the Inside Wire Maintenance Plan Service rendered by Lumos to Customer.
4. Under the Inside Wire Maintenance Plan, Lumos will repair service problems which may arise in the wiring and jacks inside Customer’s residence. If the problem is in the line between the network interface and the jacks, or in the jacks themselves, Lumos will make needed repairs. If the problem is caused by a defect in the cord between the jack and Customer’s equipment (e.g., telephone, fax machine, answering machines, modem, router, TV, set top box, etc.) or a defect in that equipment, Lumos will advise Customer of the source of the problem. Lumos does not repair such defective cords or equipment. 
5. The Inside Wire Maintenance Plan does not cover: (1) problems caused by willful damage to inside wire or jacks; (2) animal damage, physical abuse, damage caused by Acts of God (such as fire, windstorm, flood, hurricane, or other similar acts), or anything outside the control of Lumos; (3) service problems in Customer’s inside wire or jacks that existed at the time Customer subscribed to the Inside Wire Maintenance Plan; (4) inside wire or jacks that do not meet industry standards for telecommunication or the National Electric Code Material Standards; (5) repair of third party damage, such as home improvements and construction damage; (6) any repair to and/or maintenance of Customer’s inside wiring or jacks that after reasonable effort Lumos determines cannot be performed in a safe manner due to the presence of asbestos or any other environmentally hazardous substance, or due to the existence of an unsafe condition; and (7) any repairs in multi-dwelling units or apartments.
6. When existing subscribers request coverage under the Inside Wire Maintenance Plan, the plan will not become effective until up to thirty (30) days after the date the plan is ordered. The Inside Wire Maintenance Plan is provided on a month-to-month basis and can be cancelled by either party giving written notice to the other. Customer may cancel its Inside Wire Maintenance Plan by calling its Lumos office.
7. If Customer has a key telephone system, a Private Branch Exchange (PBX), or other non-basic telephone system, Customer is not eligible for the Inside Wire Maintenance Plan.
8. The Inside Wire Maintenance Plan will cover the repair of breaks to nonstandard wire, but only to restore the wire to operating condition. The Inside Wire Maintenance Plan does not cover replacement of nonstandard wire.
9. The Inside Wire Maintenance Plan does not cover the repair of wire concealed within a wall, floor, or ceiling. If a wiring problem is concealed behind a wall, floor, or ceiling. Lumos will run a replacement wire on the outside of the residence or on the outside of an interior wall, preferably along the baseboard and around door frames, to complete the repair.
10. If Customer rents its residence, Customer acknowledges that residential landlords may be responsible for repairs and maintenance of inside wiring. Customer agrees to check with its landlord or review its lease to determine who is responsible for inside wire maintenance and repair. Customers must obtain written approval from the landlord prior to any repair on rented residences.  
11. Rates, terms, or conditions of the optional Inside Wire Maintenance Plan may be changed on thirty (30) days’ notice. This notice, which may be provided on Customer’s monthly billing or inserted in the billing envelope, or otherwise, shall include the revised rate, Terms and Conditions and the effective date of change. 
12. Lumos warrants all repair work performed and products delivered under the Inside Wire Maintenance Plan for a period of thirty (30) days after completion of the repair work. Should any work performed hereunder fail to meet industry standards and be reported to Lumos within said thirty (30) day period, Lumos shall re-perform the nonconforming services, and/or repair at no additional charge. Such re-performance of work and/or repair shall constitute the entire liability of Lumos and sole remedy of the Customer under this warranty, whether a claim or remedy is sought in contract, tort (including negligence), strict liability, or otherwise. The foregoing warranties are exclusive and in lieu of all other warranties, whether written or implied, in fact or in law.