Terms of Agreement - Notices, Updates and Addendums
The following terms are relevant to users of Astound FastMesh services (fastmesh.com/tofa-m)
================================================================================
Customer Terms and Conditions
1. General: Customer understands that the Astound FastMesh services provided hereunder may be governed by certain federal, state and local regulatory authorities. In the event of any conflict between the terms and conditions set forth herein and those provided under any government regulations, in all instances, the terms and conditions set forth in such regulations shall prevail. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 23 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO THE SERVICE(S).
2. Credit Check: Where permitted by law, Astound reserves the right to verify credit as a condition of providing its services. Customer authorizes Astound to make inquiries and receive information about Customer’s credit experience, enter such information into the Customer’s file, and disclose such information to appropriate third parties for reasonable business purposes. Astound will not discriminate in the application of its deposit and credit policies on the basis of race, color, sex, creed, religion, nationality, sexual orientation, marital status, or any other protected class. Astound (or third-party credit bureaus) will conduct risk assessments in accordance with all applicable laws.
Based on the foregoing credit check, Astound may, in its sole discretion, require Customer to pay a refundable deposit as a condition of activating service, adding any service, or as a result of Customer’s failure to pay any amounts when due. Astound will refund any required deposit within thirty (30) days after termination of the applicable service and the return of all Astound equipment, minus any amounts due on Customer’s account.
3. Payment of Charges: The Astound FastMesh service is a pre-paid service. During the term of service, Customer authorizes Astound to charge the credit or debit card on file as designated by Customer for any charges accrued by Customer for use of the Service. Service commences at the moment of successful authorization of payment for the first month of service. Thereafter, Astound will bill Customer for services, in advance, on a monthly basis, with the first billing cycle beginning on the date of successful authorization of the first month’s payment, and ending one (1) month from such date. Billing cycles will continue beginning and ending on the same date each month. Customer will receive a statement of charges every month generally at the same time that Astound charges Customer for payment. Notwithstanding the foregoing, Astound may bill Customer monthly, in arrears, for any charges that are based on actual usage during the previous month. If Customer, in good faith, disputes all or any portion of such charges, Customer must timely pay the undisputed portion of the amount due and notify Astound of disputed amounts, and reasons therefor, within one hundred eighty (180) days of the invoice date, and any failure to raise such good faith dispute within such time period shall result in a waiver of Customer’s right to further dispute such charges. If Customer’s card is declined for payment, or if Customer otherwise fails to make timely payment of any charges, Astound will discontinue the service until such payment is made in full and/or Customer authorizes Astound to make automatic payments by providing a valid card/card number. Customer may also incur an additional charge for dishonored/returned checks, or credit card, bank card, or other charge card chargebacks. In the event that Astound engages in collections activities, an additional collections charge may be imposed, which may include, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration and court costs. Astound shall furnish to Customer upon request, a list of its current rates and charges.
4. Special Construction: If Customer requests a change in location of all or part of the services prior to the completion of construction, installation, or the commencement of services, Customer agrees to pay Astound all reasonable additional costs incurred by Astound to accommodate Customer’s request.
5. Astound Property: Astound shall maintain exclusive ownership of any and all equipment delivered to and/or installed within or upon Customer’s residence, including but not limited to, cables, wires, amplifiers, cable modems, routers, converter boxes and remotes (“Equipment”). Customer (or any other person acting on behalf or under supervision of Customer) shall not open, tamper with, service, make any alterations to, or remove any Equipment from its point of initial installation. Any alteration, tampering, removal or the use of Equipment which causes the receipt of services without authorization is unlawful, prohibited, and may subject Customer to criminal and/or civil penalties. Customer must return all Equipment to Astound immediately upon termination of services. Failure to do so will result in an additional charge in accordance with Astound’s then current schedule of charges, which amount shall be due immediately. Customer shall pay such charges regardless of circumstances, in the event that the Equipment is lost (through theft or otherwise), damaged, modified, or destroyed. Astound may utilize any collateral form of payment Customer has provided to recover any and all equipment charges or other valid charges associated with Customer’s account, and such action by Astound may result in Customer not being entitled to a refund of Customer’s deposit (if applicable).
6. Disruption or Failure of Services: In no event shall Astound be liable for any failure or interruption of transmissions or services, including, without limitation, loss of data or business opportunity. Subject to applicable law, credit will be given for qualifying outages. Astound shall not be liable for any direct, indirect, consequential, incidental, special, exemplary or punitive damages from whatever cause. The service outage credit and Customer’s termination rights shall be Customer’s sole and exclusive remedies in the event of any disruption or failure of services. ASTOUND MAKES NO REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, AND ASTOUND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Installation and Repair of Astound Equipment: Astound will repair and/or replace defective Equipment at Customer’s residence of record. Astound is not responsible for the maintenance or repair of any equipment not provided by Astound. A service charge may be imposed if damage to Astound Equipment is due to negligent use, misuse, or abuse. Astound may also charge a fee if Astound visits Customer’s residence and determines that no such repair and/or replacement is necessary. Astound makes no warranties with respect to Equipment or service repairs provided or rendered by Astound, and disclaims any and all implied warranties, including warranties of non-infringement, merchantability or fitness for a particular purpose or use. In order to ensure compliance with applicable laws and performance standards, Customer agrees that the Equipment shall not be serviced by anyone other than Astound or its authorized contractors. Customer shall not connect, directly or indirectly, any television set(s) or any other electrical, mechanical or other devices to the Equipment without the prior written consent of Astound. Should any interconnected device or facility purchased by Customer fail to comply with the technical specifications established by Astound and/or the Federal Communications Commission, including but not limited to those relating to signal leakage, Astound reserves the right to immediately terminate the applicable services without notice to Customer.
8. Force Majeure: Neither party shall be liable for any delay or failure of performance hereunder (including, without limitation, any failure or performance of any Equipment) due to causes beyond its control, including, but not limited to: acts of God, fire, flood, explosion or other catastrophes; pandemic or epidemic, any law, order, regulation, action or request of a Federal, state or local governmental authority or of any civil or military authority; national emergencies; unavailability of rights-of-way or materials; inability to appropriately configure and/or interconnect the Equipment within Customer’s residence; or strikes, lock-outs, work stoppages or other labor difficulties.
9. Customer Property: Astound assumes no responsibility for the condition or repair of any equipment not provided by Astound. Customer is responsible for the repair and maintenance of the same. Astound is not responsible or liable for any loss or impairment of reception of the Astound FastMesh service due in whole or in part to a malfunction or defect in equipment not provided by Astound.
10. Taxes and Other Charges: Customer shall pay all applicable local, state or federal fees (including but not limited to regulatory recovery, franchise and/or carrier or line fees) or taxes, however designated, as well as any surcharges, excises, “pass-through” charges, or other payment obligations in connection with the Services imposed or permitted by governmental or quasi-governmental bodies, or otherwise imposed by Astound, in connection with the sale, installation, use, or provision of the Services.
11. Access to Customer Premises: Customer warrants that Customer is the owner of, a tenant in, or otherwise has express authority to occupy the service address where Customer has requested service. Customer shall indemnify, defend, and hold Astound harmless from any and all claims resulting from a breach of this warranty. Customer shall provide Astound with access to the premises at all reasonable times to inspect, maintain, upgrade, and/or repair the Equipment and, upon the termination of services, to remove the same from the premises. Astound’s failure to remove the Equipment shall not be deemed an abandonment thereof, except as provided by law, and shall not relieve Customer of its obligation to return the Equipment upon termination of services. Failure to provide Astound with reasonable access to the premises for the aforementioned purposes shall permit Astound to immediately terminate service(s) at Astound’s sole discretion, without notice to Customer.
12. Assignment or Transfer: This Agreement and the Equipment are not assignable or otherwise transferable by Customer. Customer shall notify Astound of any change of occupancy or ownership of the premises immediately upon such transfer of ownership or tenancy, and shall promptly return the Equipment to Astound upon such occurrence. Astound may freely assign this Agreement, any of Astound’s rights and obligations, and any debt Customer owes to Astound, without notice to Customer.
13. Termination of Service: Customer may terminate any or all services at any time by notifying Astound of its desire to do so. This Agreement and the services provided hereunder may be terminated (a) by Astound at any time without prior notice (i) if the Customer fails to comply in full with all the terms herein, or the provisions of any applicable laws, rules, or regulations; (ii) Customer interferes with Astound’s ability to provide the service(s) to Customer or any third party; (iii) Customer interferes with or endangers the health or safety of Astound personnel or third parties; (iv) Customer harasses or makes any express or implied threat of violence, or uses derogatory language, towards any employee, representative, agent, or contractor of Astound; or (v) if Astound loses the right or ability to use public rights-of-way necessary to serve Customer, or (b) by Customer, at any time, upon notice to Astound, provided all Equipment is returned immediately to Astound. Upon termination of services, all outstanding charges must be paid, and all Equipment must be returned to Astound immediately and outlets disconnected to avoid additional or continuing charges. In the event of termination by Astound, any restoration of service shall be solely at Astound’s discretion, subject to a restoration fee, and on such terms as Astound shall determine are necessary to resume service on a commercially reasonable basis.
14. Breach of Agreement: If Customer breaches this Agreement or fails to abide by Astound’s rates, rules and regulations, Astound, at its option, may discontinue the services and remove the Equipment. Customer shall pay all costs, including, without limitation, costs for collections agency services and reasonable attorneys’ fees to Astound in the event that Astound shall find it necessary to enforce collections or to otherwise preserve and protect its rights under this Agreement.
15. Programming Disclaimer: Astound assumes no liability for any data or information distributed over the Internet unless produced exclusively by Astound. Astound shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the Astound network, unless such products, merchandise or prizes are provided exclusively by Astound.
16. Incorporation of Other Agreements, Policies, and Tariffs: Customer agrees to adhere to the terms and conditions of any applicable Astound tariff, the Astound Internet Access Agreement, the Astound Internet Customer Guide, and the Astound Acceptable Use Policy, as the same may be amended from time to time. Certain of these documents can be found on the Astound home page (https://www.fastmesh.com). By Customer’s use of the services, Customer is deemed to have read and agreed to be bound by these documents. Customer’s breach of any of the foregoing agreements, policies, or tariffs shall be automatically deemed to be a breach of this Agreement.
17. Internet Local Access Number: Astound will not be responsible for any telephone charges incurred while using the Internet. Customers are responsible for verifying that their access number is a local telephone call.
18. Additional Representations and Warranties: In addition to representations and warranties made by Customer in this Agreement, Customer further represents and warrants that:
a. Age: Customer is at least eighteen (18) years of age.
b. Customer Information: During the term of the Agreement, Customer has provided and will continue to provide to Astound accurate, complete, and current information to adequately identify and affiliate the account with the identified account holder of record. Customer acknowledges that Astound relies upon the provision of truthful information and that Customer will notify Astound promptly, in accordance with the terms of this Agreement, if there is any change in the information provided to Astound. Failure to comply may result in breach, default or termination of Customer’s services.
19. Entire Agreement: These terms and conditions constitute the entire agreement between the Customer and Astound. Customer represents and warrants that he/she has the right to enter into this Agreement. No undertaking, representation or warranty made by any agent or representative of Astound in connection with the sale, installation, maintenance or removal of the Astound/FastMesh services shall be binding on Astound except as expressly included herein. Astound may amend, revise, or modify these terms and conditions from time to time, including but not limited to revisions to the provisions that govern the way that Customer and Astound resolve disputes. The changes will not be retroactive, and the most current version of the terms and conditions, which will be posted on Astound’s website, https://www.fastmesh.com/compliance, will govern the relationship between Astound and its Customers. Astound will notify Customer of significant amendments, revisions, or other modifications to the terms and conditions, through electronic or other written notification. This notice may be provided on the monthly bill, as a bill insert, by U.S. mail, by e-mail, or through any other permitted form of communication. Customer agrees that any one of these methods is sufficient and effective notice and will be effective with respect to Customer’s relationship with Astound thirty (30) days after such notice. If Customer does not wish to agree to a change to the terms and conditions, Customer shall have the right to terminate the Service without any financial penalty. Customer’s election to continue receiving the Service thereafter shall be deemed to constitute Customer’s acknowledgment and acceptance of such amendment, revision, or modification to the terms and conditions.
20. Reservation of Rights: Astound may decide not to enforce its rights or exercise a remedy under this Agreement in any specific instance. Any such decision in one instance shall not act as a waiver of Astound’s rights or remedies in any other instance. Nothing contained in this Agreement limits Astound’s rights and remedies available at law or in equity. If this Agreement terminates, Astound reserves the right to delete all of Customer’s data, files, electronic messages, voicemails, user account names, email addresses, IP addresses, websites, or other information that are stored and/or used with the Services. Astound will not be liable for the loss of any data, information, or phone numbers.
21. Customer Privacy Notice: At Astound, the privacy and security of your account is very important to us. That is why we have taken measures to protect the privacy of your Personally Identifiable Information and CPNI in compliance with the federal laws and FCC regulations that govern use and disclosure of customer information.
a. Account passwords: To better protect all of your account information and allow us to provide you the best quality customer service, you must establish a password and two backup security questions, for your account when you establish service.
b. Internet privacy policies: Astound respects its subscribers’ online privacy, and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, as set forth fully in the Astound Internet Access Agreement, Customer agrees that Astound has the right, but not the obligation, to monitor or disclose the contents of private communication over the Internet, if Astound, in its sole discretion, reasonably believes that such action is necessary: (i) to comply with applicable law or valid legal process; (ii) to protect Astound’s rights, network, or property; or (iii) in emergencies when a person’s physical safety is at issue. In addition, Astound reserves the right to disclose the identity of a subscriber to third parties in response to a valid legal subpoena and to otherwise cooperate with legitimate law enforcement inquiries and lawful civil proceedings.
22. Consent to Communications from Astound: Customer agrees that Astound or Astound’s contractors that install or provide the services(s) may call or text Customer at any telephone number Customer provides to Astound or that Astound issues to Customer, for any purpose relating to Customer’s account and/or the services to which Customer subscribes. Customer expressly consents to receive such calls and texts and agrees that such calls and texts are not unsolicited. Customer acknowledges and agrees that these calls and texts may include the use of an automatic telephone dialing system and/or artificial or pre-recorded messages. If Customer does not want to receive these communications, Customer may discontinue the same by calling 206-317-4336 (WA) or 503-893-8638 (OR). Customer understands and agrees that this is the exclusive means of opting out of such communications. Notwithstanding the foregoing, Customer acknowledges and agrees that it may not opt-out of receiving certain communications pertaining to Customer’s account, including, without limitation, communications regarding emergencies, fraud or other violations of law, security issues, and harm caused to Astound’s network. In any event, Astound may call or text Customer to provide information about Customer’s account or services, including, without limitation, the status of repairs or outages, and to schedule or confirm service appointments. Message frequency depends on Customer’s activity with the services. Message and/or data rates may apply.
23. Binding Arbitration:
a. Purpose. If you have a Dispute (as defined below) with Astound that cannot be resolved through an informal dispute resolution with Astound, you or Astound may jointly or unilaterally elect to arbitrate that Dispute in accordance with the terms of this Arbitration Clause rather than litigate the Dispute in any federal or state court or other tribunal. Arbitration means that you waive your rights to proceed in court and have your claims resolved by a judge or jury in the event arbitration is elected. Instead, you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in arbitration may result in limited discovery and may be subject to limited review by courts. If either you or Astound elects to arbitrate the Dispute, that election shall be binding on the other party.
b. Definitions. The term “Dispute” means any dispute, claim, or controversy between you and Astound regarding any aspect of your relationship with Astound, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Clause. “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Clause, “Astound” means Astound and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.
c. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Astound elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may open a case with the American Arbitration Association – Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-493-4185, www.adr.org under the Arbitration Rules of the American Arbitration Association (“AAA”).
d. Arbitration Procedures. You and Astound agree that the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes, even if the substance of the Dispute is governed by other federal or state laws or regulations. No state statutes pertaining to arbitration shall be applicable under this Arbitration Clause.
If there is a conflict between this Arbitration Clause and the rules of the AAA, this Arbitration Clause shall govern. If there is a conflict between this Arbitration Clause and the rest of this Agreement, this Arbitration Clause shall govern.
A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.
The arbitrator will make any award in writing, including (unless both parties otherwise agree, in writing) a statement of reasons supporting the award. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
e. Restrictions:
1. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED.
2. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, CONSOLIDATED OR AGGREGATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER SUBSCRIBERS, OR OTHER PERSONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR ANY RELATED ARBITRATION RULES, ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS SECTION 25(e) SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
f. Location of Arbitration. The arbitration will take place at a location reasonably convenient to you and Astound in the area where you receive the service from us.
g. Payment of Arbitration Fees and Costs. Astound will reimburse any filing fee that the AAA charges you for arbitration of the dispute to the extent that the amount of such a fee exceeds the filing fee that would be charged by a court with jurisdiction over the dispute. If that arbitration proceeds, Astound will also pay any administrative and arbitrator fees charged later, as required by the rules and fee schedule of the AAA.
h. Severability. If any clause within this Arbitration Clause is found to be illegal or unenforceable, that clause will be severed from this Arbitration Clause, and the remainder of this Arbitration Clause will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Clause will be unenforceable, and the dispute will be decided by a court.
In the event this entire Arbitration Clause is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Clause, you and Astound have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
i. Exclusions from Arbitration. Where the total amount in controversy for the action is $5,000 or less, the party bringing the claim can choose to proceed in arbitration, or alternatively, can bring an individual action in small claims court. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU AND ASTOUND FURTHER AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; (2) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE; AND (3) ANY DISPUTE THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.
j. Continuation. This Arbitration Clause shall survive the termination of your service(s) with Astound.
k. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION CLAUSE, YOU MUST NOTIFY ASTOUND IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT BY VISITING https://www.astound.com/policies-disclaimers/arbitration-opt-out OR BY MAIL TO ASTOUND BROADBAND, 650 COLLEGE ROAD EAST, SUITE 3100, PRINCETON, NJ 08540, ATTN: LEGAL DEPARTMENT. YOUR WRITTEN NOTIFICATION TO ASTOUND MUST INCLUDE YOUR NAME, ADDRESS AND ASTOUND/FASTMESH ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ASTOUND THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION CLAUSE WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH ASTOUND OR THE DELIVERY OF SERVICE(S) TO YOU BY ASTOUND. IF YOU HAVE PREVIOUSLY NOTIFIED ASTOUND OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
24. Required Time for Notice of a Dispute. You must give us notice of a dispute within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes, about which you must contact Astound within one hundred eighty (180) days, as provided in Section 3 of this Agreement), or you waive the right to pursue any claim based upon such events fact or dispute.
Disclaimers
Additional policies and disclaimers are posted at https://www.fastmesh.com/compliance and are included herein.
Not all services, speeds, packages, equipment, tiers, pricing, streaming services, product offerings and product features are available in all areas. Offers valid only for new residential customers or previous customers with account in good standing who have not had our service within the last sixty (60) days. All names, logos, images and service marks are property of their respective owners. Other restrictions may apply.