Last Updated: July 1, 2026
Thank you for your interest in altafiber and our subsidiary and affiliated entities identified below (collectively, “altafiber,” “we, and “us”). These altafiber Website Terms of Use (“Terms”) apply to certain publicly available websites that we own, license or otherwise operate (each a “Website”) and that link to these Terms. By using the Website, you are entering into a legally binding agreement with us and agreeing to these Terms. For purposes of these Terms, altafiber and you may each be referred to as a “party” or collectively as the “parties.”
If you do not agree to these Terms, do not use or access our Website.
Please read these Terms carefully as they may impact your rights and liabilities, and they address circumstances WHERE YOU waive your right to a jury trial AND YOUR ABILITY TO PARTICIPATE IN CLASS ACTIONS.
The Website is intended solely for persons who are 16 or older within the United States. Any other access to or use of the Website is expressly prohibited. Access and use by users between 16 and 18 is permitted only under the supervision of a parent or guardian who takes full responsibility for their minor’s activities.
- Privacy Policy
Your use of our Website is subject to any privacy statement or policy (each a “Privacy Policy”) that is located on or incorporated into the Website by reference, including our corporate Privacy Policy. Our Privacy Policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we may share it, and any rights you may have with respect to such personal information. The Privacy Policy also sets forth the types and categories of personal information you are permitted to provide to altafiber, and your responsibilities and obligations with respect to such personal information. Please review our Privacy Policy carefully. For the avoidance of doubt, any and all claims, suits, or complaints related to the Privacy Policy and/or any applicable Cookie Policy shall be settled or otherwise addressed in accordance with the dispute resolution terms, and subject to the limitations of liability, set forth in these Terms, in addition to all other terms and conditions herein. You are prohibited from providing altafiber with any “consumer health data” or similar health data, as these terms may be defined under applicable law.
- Accessing the Website, User Accounts and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion and without advance notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website. You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms.
A customer with active altafiber service may access the customer’s “My altafiber Account” (“Account”) from the Website using the customer’s unique username and password. It is a condition of your use of the Website, including Account access, that all the information you provide on the Website is correct, current, and complete. You must treat your Account username, password, or any other piece of information provided as part of our security procedures as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately at customercare@altafiber.com of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if you have violated any provision of these Terms. We reserve the right to close your Account(s) at any time for any or no reason, with no further obligation to you, except as may be provided in applicable relevant terms related to your service. There may be multiple types of Accounts, such as:
Personal Account is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself. You may not impersonate anyone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts.
Business Account is an account to be used solely for the purpose of representing your business in connection with the relevant altafiber services. Business Accounts may require payment in exchange for additional functionality and may be governed by applicable Supplemental Terms. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own. If an authorized representative of a Business Account is no longer an authorized representative of the business in question, it is the responsibility of the business customer to contact its account manager, to log into its Business Account and change the login username and password, or to close its Business Account immediately.
In the event altafiber terminates your Account access, you will remain liable for any amounts due to us. Subject to any applicable service terms (including, for example, early cancellation fees), you may cancel your service at any time by sending an email to customercare@altafiber.com. Your Account access will be terminated concurrently with service termination. All of the provisions of these Terms that would typically survive contract termination shall do so.
- Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by altafiber, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Website for your authorized personal and business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows: (i) your electronic device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; (iii) you may print or download one copy of a reasonable number of pages of the Website for your authorized personal or business use and not for further reproduction, publication, or distribution; (iv) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications; and (v) if we provide social media features with certain content, you may take such actions as are enabled by such features.
You hereby acknowledge and agree that you will not: (i) modify copies of any materials from our Website; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website; or (iv) access or use for any commercial purposes (except as necessary to manage a business account) any part of the Website or any services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by altafiber. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
In appropriate circumstances, we may terminate the Account(s) of, and/or disable access to or certain aspects of the services, by users suspected to be infringing the intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), altafiber will respond appropriately to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Paula Papke, Dir - Security Compliance Ops Network & Physical Security
altafiber DMCA Support
Attn: Security Department
221 East Fourth Street, Suite 121-300
Cincinnati, OH 45202
Email: dmcanotification@altafiber.com
513.397.6962
If you are a copyright owner (or authorized to act on behalf of a copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
- Trademarks
altafiber’s name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of altafiber or its affiliates or licensors. You must not use such marks without the prior written permission of altafiber. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or asking them for personally identifiable information; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms; (iv) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (v) to impersonate or attempt to impersonate altafiber, any altafiber employee, another user of the Website, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm altafiber or users of the Website, or expose them to liability.
Additionally, you agree not to: (i) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website; (ii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iii) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (iv) use any device, software, or routine that interferes with the proper working of the Website; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (vii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (viii) otherwise attempt to interfere with the proper working of the Website.
Machine Learning Prohibitions. You are strictly prohibited from using any information, content, or materials on, or otherwise derived from, the Website for purposes of, or related to, training artificial intelligence technologies, including without limitation training such technologies to generate text, images, audio, or other content in any style, form, or manner. For the avoidance of doubt, you do not have the right to, and you do not have the right to sublicense others to, reproduce and/or otherwise use any information, content, or materials on or otherwise derived from the Website in any manner for purposes of training artificial intelligence technologies.
- Website Monitoring; User Contributions; Feedback; Submissions
Please be aware that we and our service providers and partners use cookies and other tracking technologies within the Website to monitor and record any and all activities and communications to, from, and on the Website. For the avoidance of doubt, you hereby acknowledge, agree, and consent to such monitoring and recording by us and our service providers and partners.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post will be considered non-confidential and non-proprietary. By posting any User Contribution on the Website, you grant us, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, translate into various languages, and otherwise disclose to third parties any such material for any purpose whatsoever. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, and all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not altafiber, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible for or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. If you send us feedback, creative ideas, suggestions, inventions, or materials (collectively “Feedback”), altafiber will (i) own, exclusively, all then-known or later discovered rights to the Feedback; (ii) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
- Monitoring and Enforcement
We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion, and to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for altafiber. You acknowledge and agree that we have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. We have the absolute right to terminate or suspend your access to all or part of the Website for any or no reason whatsoever, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ALTAFIBER AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ALTAFIBER AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ALTAFIBER AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot, and do not undertake to, review material before it is posted on the Website, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Content Standards
This section constitutes the “Content Standards” that apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, national origin, disability, sexual orientation, gender identity, age, or any other protected trait or status; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or harass any other person; (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (ix) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by altafiber, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of altafiber. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Mobile Messaging Program
In the event you are enrolled in or otherwise opt-in to receive SMS or text messages, we will collect and use your mobile telephone number pursuant to our Mobile Messaging Program Terms and Conditions and Privacy Policy. Please review our Mobile Messaging Program Terms and Conditions and Privacy Policy for more information about the Mobile Messaging Program, including information on how to unsubscribe or update your personal information therein and your responsibilities and liabilities related thereto. In the event of a conflict between Mobile Messaging Program Terms and Conditions and Privacy Policy and these Terms, the Mobile Messaging Program Terms and Conditions and Privacy Policy shall supersede and control with respect to such conflict.
- Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
- Linking to the Website and Social Media Features
You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Website; (ii) send emails or other communications with certain content, or links to certain content, on this Website; and (iii) cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not do any of the following: (i) establish a link to the Website from any website that is not owned by you; (ii) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website; (iii) link to any part of the Website other than the homepage; or (iv) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with our Content Standards. You agree to cooperate with us and to immediately stop any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
- Links from the Website
If the Website contains links to other websites or resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE, AND YOU WILL NOT SEEK TO HOLD US LIABLE, FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICES, INCLUDING THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS, GOODS, OR ITEMS OBTAINED THROUGH US IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY INFORMATION OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ALTAFIBER NOR ANY PERSON ASSOCIATED WITH ALTAFIBER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ALTAFIBER NOR ANYONE ASSOCIATED WITH ALTAFIBER REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, ALTAFIBER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE. YOU UNDERSTAND THAT ALTAFIBER DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE WEBSITE, NOR DOES ALTAFIBER MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE OR OF THIRD-PARTY SERVICES. ALTAFIBER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE, OR OF THIRD PARTY WEBITES, SERVICES OR USERS, OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND WITH THIRD-PARTY WEBSITES OR SERVICES AND WITH OTHER PARTIES WITH WHICH YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON OR TRANSACT OR OTHERWISE INTERACT WITH A THIRD-PARTY WEBSITE OR SERVICE.
- Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL altafiber OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ALTERFIBER’s SERVICES IN GENERAL, INCLUDING ANY THIRD-PARTY WEBWEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BREACH OF PERSONAL INFORMATION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. In the event the foregoing limitation of liability is legally prohibited, then TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF altafiber AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00).
- Indemnification
You agree to fully and completely defend, indemnify, and hold harmless altafiber, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
- Governing Law; Waiver of Class Action; Tester Prohibition
Unless otherwise provided for herein, these Terms, including the Privacy Policy, and any actions related thereto, including all disputes, will be governed by the laws of the State of Ohio without regard to its conflict of laws provisions that would apply other law. Subject to Section 19, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms, will be the state and federal courts located in Cincinnati, Ohio, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
YOU AGREE THAT BY ENTERING INTO THESE TERMS YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST ALTAFIBER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
You are prohibited from using our Website if you are a “Tester.” For purposes of these Terms, a Tester is defined as “an individual whose primary purpose of using, or attempting to use, the Website is to seek to identify legal violations in connection with the Website and/or altafiber services.”
- Security Prohibitions and Vulnerability Disclosures
Violations of system or network security, including the security of the Website, may result in civil or criminal liability. altafiber may investigate potential or actual violations of our system or network security, including the security of the Website, and may involve, and cooperate with, law enforcement authorities in prosecuting the Website user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (i) gaining access to data not intended for you or logging into the Website or a server or account which you are not authorized to access; (ii) attempting to probe, scan, test, or otherwise assess the security of the Website or altafiber system or network or to breach security or authentication measures related to the Website without proper authorization; and, (iii) attempting to interfere with our Website products or services, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “mailbombing” or “crashing.”
You are prohibited from probing, scanning, testing, or otherwise assessing the Website for a security vulnerability. However, in the event you discover such a security vulnerability concerning the Website, please submit the relevant details to altafiber at privacy@altafiber.com for altafiber to review and investigate in its sole discretion. altafiber generally does NOT pay or otherwise compensate individuals who furnish information to altafiber with respect to Website security vulnerabilities, although altafiber will deal in good faith with any individual who submits information on a security vulnerability concerning the Website in accordance with these Terms, provided that such an individual complies with the following:
- Never, without prior written consent from altafiber, make a public disclosure or a disclosure to any third party, regarding the Website security vulnerability.
- Immediately delete/destroy any sensitive information about altafiber or customer of altafiber that you may access, and report your finding(s).
- Never (i) undertake a brute-force attack or use guest credentials in order to gain access to the Website, (ii) participate in or attempt a denial of service attack against the Website, (iii) upload shells or create a backdoor of any kind to the Website, (iv) engage in any form of social engineering or deception of altafiber employees, customers, or vendors, (v) modify, expose, or exfiltrate data from altafiber that you believe may contain personally identifiable information, altafiber intellectual property, or any other sensitive data other than your own, (vi) change passwords of any Website-related account that is not yours or that you do not have explicit permission to change, or (vii) do anything that could compromise the privacy or safety of any altafiber employee, customer, or vendor.
altafiber reserves all of its legal rights in the event of noncompliance with these Terms.
- Dispute Resolution
Although altafiber strives for high customer satisfaction, there might be an occasion in which you and altafiber are subject to a Dispute (as defined below) that directly or indirectly arises out of, or relates to, these Terms, the Website, or your engagement with altafiber. In the event of such a Dispute, each party hereby agrees to comply with the Mandatory Informal Dispute Resolution Process as set forth below.
Mandatory Informal Dispute Resolution Process
For any Dispute that arises between you and altafiber concerning or otherwise related to these Terms, the Website, or your engagement with altafiber, each party agrees that it will first make a good faith effort to resolve such a Dispute informally before initiating any formal dispute resolution proceeding, as set forth below.
THIS INFORMAL DISPUTE RESOLUTION PROCESS IS A CONDITION PRECEDENT AND PREREQUISITE TO COMMENCING LEGAL ACTION AGAINST ALTAFIBER. This informal dispute resolution process requires that one party send a written description of the Dispute to the other party, including (i) the nature and basis of the claim, (ii) the nature and basis of the specific relief sought (with a calculation or other supporting evidence for it), and (iii) your contact information (name, address, email, phone number) (the “Notice”). For any Dispute you initiate, you agree to send this Notice, along with any other relevant information, to the following: altafiber, ATTN: Legal Department, 221 East Fourth Street, 103-1100, Cincinnati, OH 45202. The party initiating the Dispute must personally sign the Notice (along with an attorney if you or we are represented) that is mailed to us. You also agree to provide an electronic copy of the Notice to privacy@altafiber.com with the subject line “INFORMAL DISPUTE RESOLUTION.”
After the Notice of a party’s intent to engage in the informal dispute resolution process is transmitted and received by the parties, in accordance with the aforementioned instructions, each party hereby agrees to promptly negotiate in good faith about the Dispute, including through an informal and individualized telephone settlement conference between the parties, if the party that receives the Notice requests the same. If either party to the Dispute is represented by counsel, that party’s counsel may participate in the informal dispute resolution process, but the party also must personally appear at and participate in the conference. This process should lead to resolution of the Dispute, but if the Dispute is not resolved within sixty (60) days after receipt of the fully completed Notice of the informal dispute, each party agrees to the Formal Dispute Resolution Process set forth below. The parties agree that any relevant limitations period and filing fee or other deadlines shall be tolled (paused) while the parties engage in this informal dispute resolution process. A court shall have the authority to enforce the terms of this mandatory informal dispute resolution process and to enjoin the filing or pursuit of an arbitration demand for a party’s non-compliance with this process. A party may also seek monetary relief in connection with this informal dispute resolution process.
Formal Dispute Resolution Process
Any Dispute that directly or indirectly arises out of or relates to these Terms, including access to or use of the Website, that cannot be resolved through the informal dispute resolution process set forth herein shall be resolved exclusively in the state or federal courts located in Cincinnati, Ohio. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
Time Bar
Any cause of action or claim you may have directly or indirectly arising out of or relating to these Terms, the Website, or your engagement with altafiber must be commenced within one (1) year after the claim or cause of action arises.
Terms
For purposes of these Terms, the term “Dispute” shall be interpreted as broadly as permitted under applicable law and shall cover any claim or controversy related to altafiber or our relationship with you, including but not limited to any and all: (i) claims for relief and theories of liability, whether based in contract, tort, fraud, misrepresentation, negligence, statute, regulation, ordinance, or otherwise; (ii) claims that arose before these Terms; (iii) claims that arise after the termination of these Terms; and (iv) claims that are the subject of purported class action litigation.
Limits on Injunctive Relief
To the fullest extent permitted by applicable law, if you claim that you have incurred any loss, damages, or injuries in connection with your use of the Website or its content, then the losses, damages and injuries will not be deemed irreparable or sufficient to entitle you to an injunction or to other equitable relief that may interfere with or prevent the development or exploitation of any Website, application, internet access service, content, UGC, product, service, or intellectual property owned, licensed, used or controlled by altafiber (including your licensed UGC) or a licensor of altafiber.
- Waiver and Severability
No waiver by altafiber of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by altafiber to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without altafiber’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. altafiber may assign or transfer these Terms at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Entire Agreement
These Terms and our Privacy Policy, incorporated by reference, constitute the sole and entire agreement between you and altafiber regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
- Changes to the Terms
From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. We will notify you if these Terms are modified by updating the “Last Updated” section of these Terms. These Terms are effective as of the “Last Updated” date provided herein. Your continued use of the Website signifies your consent to the Terms as of the “Last Updated” date.
- Contact Us
If you have questions regarding these Terms, or would like to request more information from us, please contact us at altafiber, ATTN: Legal Department, 221 E. 4th St., 103-1100, Cincinnati, OH 45202.
If you have a question regarding altafiber services or Account access, you may contact our Customer Support by calling 513-565-9890 or by sending an email to customercare@altafiber.com.