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Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of broadband internet, mobile, and related services (collectively, the “Services”) provided by Webfinity Internet Service Provider (“Webfinity,” “we,” “us,” or “our”). By subscribing to or using our Services, you (“you,” “your,” or “Customer”) agree to be bound by these Terms. Please read them carefully. If you do not agree, you may not use our Services.

1. Acceptance of Terms

  • Agreement: These Terms, along with any applicable service agreements, pricing schedules, or policies (e.g., Privacy Policy, Acceptable Use Policy), form a legally binding agreement between you and Webfinity.
  • Changes: We may update these Terms at any time by posting the revised version on our website ([insert website URL]) or notifying you via email or other means. Continued use of the Services after such changes constitutes your acceptance of the updated Terms.
  • Eligibility: You must be at least 18 years old and legally competent to enter into this agreement. By subscribing, you represent that you meet these requirements.

2. Service Description

  • Services Provided: Webfinity offers broadband internet, mobile data, and related services, as described in your service plan or agreement.
  • Availability: Services are subject to availability at your location and may vary based on network capacity, infrastructure, or other factors.
  • Equipment: We may provide or lease equipment (e.g., modems, routers) necessary for the Services. You are responsible for maintaining such equipment in good condition, excluding normal wear and tear. Upon termination, you must return leased equipment within 30 days, or you may incur a replacement fee.
  • Performance: Internet speeds and service quality depend on factors like network congestion, device capabilities, and location. Webfinity does not guarantee uninterrupted or error-free service but will strive to meet the performance levels outlined in your plan.

3. Customer Responsibilities

  • Account Management: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
  • Compliance with Laws: You agree to use the Services in compliance with all applicable federal, state, and local laws, including those related to intellectual property, privacy, and communications.
  • *Acceptable Use: You must comply with our *Acceptable Use Policy (available at [insert URL]), which prohibits activities such as unauthorized access to networks, distribution of malware, or excessive use that disrupts service for others.
  • Service Location: Services are provided for use at the address specified in your agreement. You may not relocate Services without our prior approval.

4. Billing and Payment

  • Charges: You agree to pay all fees, taxes, and surcharges associated with your Services, as outlined in your service plan or billing statement. Prices are subject to change with 30 days’ notice.
  • Payment Terms: Payments are due monthly in advance, unless otherwise specified. You authorize Webfinity to charge your provided payment method for all fees.
  • Late Payments: Overdue accounts may incur late fees of [insert amount or percentage, e.g., $10 or 1.5% per month] and may result in service suspension or termination. You are responsible for collection costs, including reasonable attorney fees.
  • Disputes: You must notify us of billing disputes within 60 days of the invoice date by contacting [insert contact email or phone]. Undisputed amounts remain due.
  • Promotions: Promotional rates or discounts may apply for a limited period. After the promotional period, standard rates will apply unless otherwise agreed.

5. Service Modifications and Termination

  • By You:
  • You may cancel Services by contacting us at [insert phone number or email] with [insert notice period, e.g., 30 days’] notice.
  • Early termination of a fixed-term agreement may incur an early termination fee of [insert amount, e.g., up to $200], prorated based on the remaining term.
  • By Webfinity:
  • We may suspend or terminate Services for non-payment, violation of these Terms, or if required by law, with notice where feasible.
  • We may modify or discontinue Services with 30 days’ notice, except in cases of emergency or legal necessity.
  • Effect of Termination: Upon termination, you must pay all outstanding fees, return leased equipment, and cease using the Services. No refunds will be issued for partial billing periods.

6. Privacy

  • Your personal information is handled in accordance with our Privacy Policy (available at [insert URL]). By using our Services, you consent to the collection, use, and disclosure of your information as described therein.

7. Limitation of Liability

  • No Consequential Damages: To the fullest extent permitted by law, Webfinity is not liable for indirect, incidental, consequential, or punitive damages (e.g., loss of data, profits, or business opportunities) arising from your use of or inability to use the Services.
  • Direct Damages Cap: Our total liability for any claim related to the Services is limited to the amount you paid for the Services in the 6 months preceding the claim.
  • Service Interruptions: We are not liable for service outages or interruptions due to factors beyond our reasonable control, including natural disasters, third-party actions, or network maintenance.
  • Third-Party Content: Webfinity is not responsible for the content, accuracy, or security of third-party websites or services accessed through our network.

8. Disclaimer of Warranties

  • As-Is Basis: Services are provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • No Guarantee: We do not guarantee that Services will be uninterrupted, secure, or free from errors or viruses. You are responsible for securing your devices and data.

9. Indemnification

  • You agree to indemnify, defend, and hold harmless Webfinity, its affiliates, officers, and employees from any claims, damages, or expenses (including attorney fees) arising from your misuse of the Services, violation of these Terms, or infringement of third-party rights.

10. Intellectual Property

  • Ownership: All Webfinity-provided equipment, software, and materials remain our property or that of our licensors. You are granted a limited, non-transferable license to use them solely for accessing the Services.
  • Trademarks: Webfinity’s name, logo, and service marks are our exclusive property. You may not use them without our prior written consent.

11. Dispute Resolution

  • Informal Resolution: Before pursuing formal action, you agree to contact us at [insert contact email or phone] to resolve disputes informally within 60 days.
  • Arbitration: Any unresolved disputes will be settled by binding arbitration under the American Arbitration Association (AAA) rules, conducted in [insert city, e.g., San Francisco, CA]. You waive the right to participate in class actions or jury trials.
  • Governing Law: These Terms are governed by the laws of [insert state, e.g., California], without regard to conflict-of-law principles.
  • Time Limit: Claims must be filed within one year of the event giving rise to the claim, or they are barred.

12. Force Majeure

  • Webfinity is not liable for delays or failures in performance due to events beyond our reasonable control, including natural disasters, government actions, or cyber-attacks.

13. Miscellaneous

  • Entire Agreement: These Terms, along with any referenced policies or agreements, constitute the entire agreement between you and Webfinity, superseding any prior agreements.
  • Severability: If any provision of these Terms is found invalid, the remaining provisions remain enforceable.
  • No Waiver: Our failure to enforce any right or provision does not waive that right or provision.
  • Assignment: You may not assign these Terms without our consent. We may assign them without notice, such as in the case of a merger or acquisition.
  • Notices: Notices from Webfinity may be sent via email, mail, or posted on our website. You must send notices to [insert address or email].

14. Contact Us

For questions about these Terms or our Services, contact: