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These Terms and Conditions, along with the Lumos’ Acceptable Use Policy (“AUP”), Privacy Policy, and individual Service Orders (collectively, “Lumos Agreements”), each of which is incorporated herein, govern all services, including equipment (“Services”) provided by Gridiron Fiber Corp., a Delaware corporation, on behalf of itself and its direct and indirect subsidiary companies, with all such predecessors, successors, and assigns (collectively, “Lumos”) to residential and business customers (collectively “Customers”). By utilizing a Service, each Customer consents to, and agrees to comply with, the Lumos Agreements. From time to time, we may revise one or more of the Lumos Agreements, and Customers are encouraged to check the website regularly for any updates.

1. Law, Regulation, Tariffs. 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 include web-posted price lists or terms and conditions (“price lists”) 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 this Agreement and relevant law, regulation, or tariff, the rates and other terms set forth in this Agreement will be treated 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 Agreement and the applicable tariffs immediately prior to cancellation or withdraw. If Lumos is required by a governmental authority to modify a tariff under which Services are provided to Customer in a matter 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 at the Customer’s premises. 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 premises from any third parties, such as landlords, including any consents needed for Lumos to access and maintain equipment at such premises. Customer agrees to furnish and maintain at Customer 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 such materials or threats to safety are 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 designated officer or agent for billing purposes, and any other information reasonably requested. Lumos has the right to verify credit information, and Customer may be required to make an advance payment or provide a deposit or other security. Customer agrees to promptly update Lumos whenever billing information 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 each month in advance. Customer agrees to pay all applicable charges for Service, Equipment, and Other Devices by the due date set forth in Customer’s monthly billing statement. Lumos may change the rates for Customer’s Service (including without limitation Equipment, Other Devices, and Programming packages) 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 your billing address, or as provided in Section 18 below.
   3. Customer will pay each invoice within thirty (30) days of the date of invoice.  A late payment charge of 1.5% applies to any unpaid balance carried forward from a monthly bill to the next month’s bill. 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, when the billing is dishonored by the institution on which it is drawn, or when an automatic debit or credit/debit card charge is declined or reversed, Lumos shall charge Customer a fee of $25.
4. Billing Disputes. If Customer believes Lumos has made a billing error, Customer must contact Lumos within ninety (90) days of the date of the bill 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 within thirty (30) days of the invoice date, and 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, 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 determination, whichever is sooner.
5. 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.
6. Termination of Service by Customer. Customer may terminate any Service with thirty (30) days’ notice to Lumos, and Customer shall pay for all Services rendered through the date on which the termination is in effect.
7. Termination of Service by Lumos. Where permitted by law, Lumos may immediately suspend or terminate Service to Customer (at Lumos’ option) without penalty or liability for the following reasons: (a) 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; (b) abandonment of service; (c) Customer’s acts or omissions that violate these Terms and Conditions or that threaten to interfere with Lumos’ operations or its furnishing of Service to another Customer; (d) use of foul, threatening, and profane language; or (e) where Lumos reasonably deems partial or complete termination of any Service is 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.
8. 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’ 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 to your purchase of Service, you acknowledge that you will not always be able to obtain the maximum advertised speed of a Service.
9. Permitted Use. Customer must comply with Lumos’ Acceptable Use Policy and Network Management Policy. The current versions of these policies are available on this website. Lumos’ 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.
10. 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’ 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.  
11. Copyright; Trademark; License.  The Service and any associated equipment, firmware, and software used to provide the Service, or provided to you in conjunction with the Service; Lumos’ websites, corporate names, service marks, trademarks, trade names, logos, and domain names (“collectively, “Marks”); and all information, documentation, and other materials in connection with the foregoing, including those on Lumos’ websites, are proprietary to Lumos and shall remain Lumos’ exclusive property. They are protected by trademark, copyright or other intellectual property laws and regulations. Nothing in this Agreement grants Customer the right or license to, and Customer shall not, use any of the Marks.

12. Local and Long Distance Calling.  Unlimited Local and Long Distance Calling service allows you to call anyone, anytime, anywhere in the United States, U.S. Territories, and Canada as frequently as you like for one simple monthly price, based on the package of services you purchase from Lumos. Current rates and offers are available at https://www.lumosfiber.com/residential/home-phone-terms-and-conditions/. Additional charges apply for taxes, fees, international calling and calls to directory assistance and operator services.

13. 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 telecommunications 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. Customer must confirm that Emergency Services have been activated before relying upon Lumos VoIP offering for 911 services.
    2. There are circumstances under which Lumos’ VoIP 911 service may be unavailable or limited in some way. Examples include, but are not limited to, relocating your fixed telephone device to a different physical location than where service was installed, use of a telephone number that Lumos has not assigned to you, 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 is advised to understand these terms and contact Lumos if there is anything Customer does not understand. 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’ VoIP services of the important differences in VoIP 911 service as compared to traditional telephone service. If you are not comfortable with the limitations of VoIP 911 service, Customer should consider using an alternate means of accessing 911 services or disconnect its VoIP service.
    3. Lumos VoIP service is only available as a fixed service and not as a nomadic or mobile offering. If you move your fixed telephone device to a new permanent street address, Customer must promptly notify Lumos of any changes of such information to determine if VoIP service can be provided at the new permanent street address. If you attempt to use Lumos VoIP service without notifying Lumos and receiving our permission, emergency personnel may not be able to locate you 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.

14. Equipment; Maintenance and Ownership of Equipment. Lumos does not guarantee that any Service will work correctly 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 other way 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 will 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.
15. 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 earned by accumulating 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.
16. 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 lawyers’ 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.
17. 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 HEREAFTER.
18. Severability and Waiver. Lumos may waive portions of these Terms and Conditions (except for regulatory obligations imposed by any federal or state authority or agency having jurisdiction over Lumos or its Services) but such a waiver does not constitute a general waiver of the Terms and Conditions.
19. Notices. Lumos’ 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. Customer shall promptly update its email address if its email address changes.  General notices to Lumos customers may also be included in Lumos’ billing statements. Customer wishing to update its email address may email customer service at help@lumos.net.
20. Assignment. Customer may not assign, transfer, or resell Services to any other party without Lumos’ 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.
21. Force Majeure. Lumos shall not be liable to Customer if the Services are affected by causes beyond Lumos’ 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.
22. 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 22, any action or dispute arising out of, or in connection with the Lumos Agreements shall be brought for trial and determination in the appropriate state court of competent jurisdiction in Guilford County in the State of North Carolina.  Customer hereby irrevocably consents to the exclusive jurisdiction of such court 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 a Lumos Agreement shall be entitled to an award of its reasonable attorneys’ fees and costs. 
23. Dispute Resolution.  EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT 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 AND 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. The arbitration 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 and, if the law allows, they can seek relief against LUMOS for CUSTOMER.
24. With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, 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 Agreement will continue to apply and be unaffected by this severability provision.
25. 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 Service Order that references the section of the Terms and Conditions being preempted); (ii) Service Order; (iii) and the AUP.
26. Modifications. Lumos reserves the right to modify these Terms and Conditions 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 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”) 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 Internet Service and TV Service will constitute Customer’s acceptance of this AUP, as amended from time to time. 

Customer agrees to abide by and require each user of the Internet Service and TV Service to abide by the terms of this AUP. Failure to do so could result in the immediate suspension or termination of Customer’s Internet Service and/or TV Service account. If any Customer does not agree to comply with this AUP, Customer must immediately stop all use of the Internet Service and/or TV Service and notify Lumos so that it 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 Internet Service, or allow others to use the Internet Service, 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 Internet Service received by others; infringes the intellectual property rights of others; or results in the publication of threatening or offensive material. 

Security Violations: Customers are solely responsible for maintaining the security of their systems and equipment that connect to and use the Internet Service. Any use of the Internet Service 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 Internet Service to anyone outside Customer’s premises, unless you are a business Customer subject to a written contract that expressly permits such use. Residential Customers agree to use the Internet Service for personal and non-commercial use only and agree not to use the Internet Service for any business purpose (whether or not for profit); 
   
4. Using the Internet Service or facilities 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 Internet Service 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 or Content: The Internet Service 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. 

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 violations of this AUP.  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 the Internet Service is used in a way that Lumos, in its sole discretion, believes violates this AUP, 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 Internet Service account. 

Lumos reserves the sole discretion to deny or restrict any of Customer’s TV Services, or immediately suspend or terminate any such Service, if the use of any Service by Customer or anyone using it, in Lumos’s sole discretion, violates the Lumos Terms and Conditions or any other Lumos policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or Lumos’s network by Lumos or other users or violates the terms of this AUP.

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 Internet Service and TV Service 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 Service provided to any subscriber or account holder who is deemed 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 Service of any subscriber or account holder 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 the Internet Service, with or without notice, for any Customer whose Internet Service 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 Customer’s compliance, or the compliance of other customers, 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 Lumos 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 or user that they have been found to be a repeat offender and Lumos may suspend or terminate their Internet Service account at Lumos’s sole discretion. 

Customer expressly agrees that Lumos will not have any liability for any actions taken under the policy above and that Lumos will not be a party to any disputes or lawsuits regarding alleged copyright infringement. Additionally, anyone 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: 

ACCEPTABLE USE POLICY FOR VIDEO (TV) SERVICES

GENERAL POLICY

Lumos reserves the sole discretion to deny or restrict any of Customer’s Video / Television Services, or immediately suspend or terminate any such Service, if the use of any Service by Customer or anyone using it, in Lumos’ sole discretion, violates the Lumos Terms and Conditions or any other Lumos policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or Lumos’ network by Lumos or other users, or violates the terms of this Acceptable Use Policy (“AUP”). Capitalized terms not otherwise defined herein shall have the meaning for such term set forth in the Lumos Terms and Conditions. For avoidance of doubt, this AUP applies in addition to, and not in lieu of, any Acceptable Use Policy adopted by Lumos relating to Internet Services.

COPYRIGHT INFRINGEMENT; REPEAT INFRINGER POLICY

Lumos respects the intellectual property rights of third parties. Accordingly, Customer may not store any material or use Lumos’ 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 Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Lumos may suspend or terminate any Service provided to any subscriber or account holder who is deemed 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 Service of any subscriber or account holder 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. 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 Customer’s compliance, or the compliance of other customers, 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 Lumos Terms and Conditions or this AUP.

NETWORK MANAGEMENT POLICY

This statement 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’ Internet Services. Capitalized terms used but not defined herein shall have the meanings set forth in Lumos’ Terms and Conditions.

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 surf speeds as a result of network congestion. Even in these instances, Lumos proactively engages in re-routing of Internet traffic to relieve congestion.

Lumos’ 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. Instead, Lumos focuses on anticipating and avoiding congestion by monitoring network usage and augmenting capacity in a targeted manner.

Network Security

Lumos understands the importance of attempting to secure 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 an online 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’ network or which violates the Lumos Terms and Conditions or Acceptable Use Policy 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.

Network Performance

Service Description

Lumos offers a variety of Internet Services over copper and fiber-based technologies, 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 such as 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.

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’ 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.

Specialized Service

In some locations, Lumos provides Fiber 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, Fiber TV is given priority over general Internet traffic because general Internet traffic is less affected by latency.

Commercial Terms

A description of Lumos’ service offerings and rates may be found on Lumos’ website at www.lumosfiber.com. Lumos’ Privacy Policy may be found on Lumos’ website at www.lumosfiber.com. Lumos’ disclosures required by the Internet Freedom Transparency Rule adopted by the Federal Communications Commission may be found here:  https://www.lumosfiber.com/fcc-transparency-rule/. For questions, complaints, or requests for additional information, please contact Lumos at 866-542-5900.

INSIDE WIRE MAINTENANCE PLAN TERMS & CONDITIONS

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

1. By using this Lumos service, Customers agree to be bound by these WMP Terms as well as those set forth in the other Lumos Agreements.
2. These WMP Terms supersede all previous representations, agreements, or understandings between the parties and, together with those set forth in the Lumos Agreements, shall be the prevailing terms of this agreement for Inside Wire Maintenance Plan Service rendered by Lumos to you.
3. Under the Inside Wire Maintenance Plan, Lumos will repair service problems which may arise in the wiring and jacks inside your home. 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 defect in the cord from the jack to your equipment (e.g., telephone, fax machine, answering machines, modem, router, TV, set top box, etc.) or the equipment that is attached to your line, Lumos will advise you of the source of the problem. Lumos does not repair such defective phone cords, phones, or other equipment. You agree to pay monthly charges for the Inside Wire Maintenance Plan.
4. The Inside Wire Maintenance Plan does not cover: (1) problems caused by willful damage to inside wire or jacks; (2) animal damage, physical abuse or damage caused by Acts of God (such as fire, windstorm, flood, hurricane, or other similar acts); (3) service problems in your inside wire or jacks that obviously existed at the time you 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 your inside wiring or jacks that after reasonable effort Lumos determines that repair and/or maintenance cannot be performed in a safe manner due to the presence of asbestos or other environmentally hazardous substance, or due to the existence of an unsafe condition; and (7) any repairs in multi-dwelling units or apartments.
5. When existing subscribers request coverage under the Inside Wire Maintenance Plan, the plan will not become effective until 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.
6.  If you have a key telephone system, a Private Branch Exchange (PBX), or other non-basic telephone system, you are not eligible for the Inside Wire Maintenance Plan.
7. 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.
8. The Inside Wire Maintenance Plan does not cover the repair of wire concealed within a wall, floor, or ceiling. If wiring problem is concealed behind a wall, floor, or ceiling. Lumos will run a replacement wire on the outside of the house or on the outside of an interior wall along the baseboard and around door frames to complete the repair.
9.  If you rent your home, you should be aware that residential landlords may be responsible for repairs and maintenance of inside wiring. Check with your landlord or your lease to determine who is responsible for inside wire maintenance and repair. Any repair on rented homes, must have approval by landlord before repairs are started. 
10. 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 your monthly billing or inserted in the billing envelope, or otherwise, shall include the revised rate, Terms and Conditions and the effective date of change. You may cancel your Inside Wire Maintenance Plan by calling your Lumos office.
11. Lumos warrants for a period of thirty (30) days for all repair work performed and products delivered under the Inside Wire Maintenance Plan. Should any work performed hereunder fail to meet these 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 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.