Service Agreement

Effective August 11, 2023

This Service Agreement describes certain terms and conditions under which fiber optic communication services, including but not limited to high-speed internet service and VoIP phone service (optional), as applicable, (individually and collectively “Service” or “Services”) will be provided by Rapid Fiber Internet, LLC (“Rapid Fiber”) to an individual or entity (“Customer”). Rapid Fiber and the Customer will be collectively referred to as “Parties” and independently as “Party.”

Covered Services

This Service Agreement outlines what Rapid Fiber is providing to the Customer and the associated obligations of both Parties. All documents incorporated or referenced herein, as each may be amended from time to time, including without limitation Company’s Privacy Policy, Acceptable Use Policy, Internet Transparency Policy, and Copyright Infringement Policy, as well as Rapid Fiber’s Service and Product Fee Schedule, service guides, and posted policies and procedures, if applicable, constitute the “Terms of Service.” Current versions of these documents may be viewed at any time online at www.rapid-fiber.com/legal.

By activating the Services, using the Services, continuing to use the Services after Rapid Fiber provides notice of a change to any Terms and Conditions, or otherwise indicating acceptance of the Services, Customer agrees that Customer has read, understands, acknowledges, and agrees to be bound by this Service Agreement and Rapid Fiber’s Terms and Conditions. If you do not agree, do not use the Services.

Customer Eligibility

Individual customers represent and warrant that they are at least 18 years of age and capable of entering into a legally binding agreement on behalf of themselves and others in their residence who may use the Services. If a Customer is not an individual but is a corporate or organized entity, the individual representative who applied for Service represents and warrants that he or she has full legal authority to act on behalf of the Customer.

Additionally, the Customer represents that he, she, or they lawfully own the real property at which the Customer is to receive Service (“Service Location”) or that the Customer has written permission from the owner(s) to enter into this Agreement.

Billing & Payment

The Customer agrees to pay for all Services provided by Rapid Fiber including, but not limited to, charges for installation, Services, and Equipment. In addition to Rapid Fiber’s rates and charges, which can be found in Rapid Fiber’s Service and Fee Schedule on the website, the Customer shall be responsible for payment of all local, state, and federal taxes, fees, and surcharges, however designated, imposed on or based upon the provision, sale, or use of the Services and Equipment. The Customer agrees to pay all monthly charges in advance. The Customer recognizes that Rapid Fiber will not accept partial payments.

Customer Portal, Paperless Billing, Autopay, & Authorized User(s)

Customers should complete the Customer Portal registration process as soon as prompted. Upon registering for the Customer Portal, Customers are automatically enrolled in Rapid Fiber’s paperless billing program. As such, Customers’ monthly bill will be available only via the Customer Portal. Additionally, Customers are encouraged to use the Autopay program to ensure regular and timely delivery of monthly payments. Customers can sign up for Autopay in the Customer Portal.

Customers may request a paper bill be mailed to their address by contacting Rapid Fiber during normal business hours or by making this election in the Customer Portal. However, Customers who request a paper bill or fail to enroll in Autopay will be charged $5 per month for every month they receive a paper bill and do not utilize Autopay.

Customers may add Authorized User(s) to their Rapid Fiber account via the Customer Portal. By designating an individual to be an Authorized User, the Customer is giving that designated individual the authority that he or she possesses as a Customer. For example, an Authorized User may, but is not limited to, make changes to the Rapid Fiber account; may cancel, upgrade, or change Service and/or Equipment; and may speak with Rapid Fiber employees regarding the Service and/or Equipment. The Customer, as the Party to this Agreement and Rapid Fiber’s Terms and Conditions, remains responsible and liable for any action of an Authorized User.

Payment Schedule, Late Charges, Consequence of Non Payment, & Final Bill

The Customer agrees that failure to pay all rates, fees, and charges may result in termination of Service and Rapid Fiber’s immediate collection of all amounts owed. To avoid termination of Service, the Customer agrees to timely submit all payments to Rapid Fiber.

Rapid Fiber utilizes advance billing. Therefore, the Customer’s bill will be generated on the first day of each month, will cover the period from the first day through the last day of the month, and will have a due date of the 10th day of the same month. A late payment fee¹ (see Rapid Fiber’s Service and Product Fee Schedule) will be assessed if the account is not paid in full by the due date, which is always the 10th day of the same month. Accounts not paid in full before the 20th of the current month will be suspended, which will result in the Services being disconnected (this suspension excludes E-911 services). The account must be made current before Services will be reconnected. Suspension of Service will not result in proration of billing for the time Service was not available.

Accounts not made current by the 28th of the same month will be deactivated (this excludes E-911 services), which means the service remains disconnected and to reactivate service, the Customer must pay all outstanding charges and fees, including a Reconnect Fee, and contact the Rapid Fiber Customer Experience team. Additionally, the Customer’s Services (including E-911 services) will be cancelled at this time, and the Customer will be final billed for all unpaid charges and fees. The return of all Rapid Fiber Equipment is due within 30 days of this cancellation. If Equipment is not returned, Customer will receive an updated final bill that includes all unreturned Equipment charges.

For Affordable Connectivity Program (ACP) Recipients: Rapid Fiber will comply with all ACP requirements, including the Consumer protection requirements related to non- payment. If the Customer is an ACP recipient, the Customer should review all requirements and rules related to the ACP program to understand how non-payment will impact his or her Rapid Fiber account and Services.

If the Customer’s check is returned for insufficient funds or other payment method attempts fail, Rapid Fiber may impose a returned-check or payment failure fee, as set forth in Rapid Fiber’s Service and Product Fee Schedule. Rapid Fiber, at its sole discretion, may waive or forgive payment failure fees (e.g., when the credit card on record for an account enrolled in Autopay expires). However, Rapid Fiber will generally not waive or forgive more than one payment failure fee in any 12-month period.

Collections

Rapid Fiber may use a third-party agent to collect unpaid balances from Customers. As such, the Customer gives express written consent, by agreement to this Service Agreement, to be contacted by direct mail, email, text message, or telephone call, including wireless telephone numbers, associated with the account. Methods of contact may include prerecorded or artificial voice messages and/or use of an automatic dialing device, as applicable. Collection fees, if any, will be applied to the account subject to collection. Rapid Fiber reserves the right to use any and all information regarding the Customer’s account(s) in the collection process.

Term of Agreement & Termination by Customer

Residential and Business Basic Customers. This Agreement is for no fixed term, and the Customer can cancel Service at any time. The Customer may terminate Service in any of the following ways: (1) in person at Rapid Fiber’s office during normal business hours, (2) calling our Customer Experience team during normal business hours, or (3) through the Customer Portal. The Router/Gateway, wireless extender(s), if any, and Optical Network Terminal (“ONT”) on the Customer’s premises remain the property of Rapid Fiber and must be returned to Rapid Fiber at Rapid Fiber’s office upon cancellation or discontinuation of Service. It is the Customer’s responsibility to return the equipment to Rapid Fiber. A technician will not be sent to retrieve equipment when a Customer terminates Service. Failure to return the equipment within 30 days of cancellation or discontinuation of Service will result in the Customer being billed for the value of the unreturned equipment. It is the Customer’s responsibility to provide a forwarding address for final billing purposes.

Business Plus and Business Premium Customers. Unless an agreement is negotiated between the Customer and Rapid Fiber and it is set out in an agreement endorsed by both parties, there is no fixed term, and the Customer can cancel Service at any time. Unless provided otherwise in a separate agreement between the parties, the Customer may terminate Service in any of the following ways: (1) in person at Rapid Fiber’s office during normal business hours, (2) calling our Customer Experience team during normal business hours, or (3) through the Customer Portal. All equipment installed by Rapid Fiber, including but not limited to the Router/Gateway, wireless extender(s), if any, and Optical Network Terminal (“ONT”), remain the property of Rapid Fiber and must be returned to Rapid Fiber at Rapid Fiber’s office upon cancellation or discontinuation of Service unless the separately negotiated agreement provides otherwise. Failure to return the equipment within 30 days of cancellation or discontinuation of Service will result in the Customer being billed for the value of the unreturned equipment. It is the Customer’s responsibility to provide a forwarding address for final billing purposes.

Customers with a Customized Business Plan. The term of agreement, if any, will be governed by the Customer’s unique service level agreement. That agreement will also set forth whether and how the Customer may cancel Service with Rapid Fiber and what equipment, if any, must be returned to Rapid Fiber upon cancellation or discontinuation of Service. Failure to return the equipment within 30 days of cancellation or discontinuation of Service will result in the Customer being billed for the value of the unreturned equipment. It is the Customer’s responsibility to provide a forwarding address for final billing purposes.

Termination by Rapid Fiber

For any other reason and notwithstanding anything else in this Agreement, Rapid Fiber may terminate or decline to provide Service to Customer for any non-discriminatory reason. If appropriate and possible, Rapid Fiber will provide notice of termination of the Service to Customer, which may provide the reason for the disconnection. Should Service be terminated by Rapid Fiber, the Customer shall be responsible for returning equipment within 30 days. Failure to return the equipment within 30 days will result in the Customer being billed for the value of the unreturned equipment. The Customer will be responsible for all fees, costs, and charges until the time the Service is disconnected by Rapid Fiber.

Installation Process

Rapid Fiber will use best practices when installing a fiber service drop to the Customer’s service location and when performing the in-premises installation. It shall be the Customer’s responsibility to notify Rapid Fiber during the installation process or by contacting Rapid Fiber’s Customer Experience team during normal business hours if a desired fiber route is requested or if underground equipment (i.e., sprinklers, underground pet fences, etc.) is installed on the Customer’s premises. No one is required to be present for the fiber service drop installation, so prior notification of this step to the Customer by Rapid Fiber will not be provided unless an issue is encountered.

At least one person at least 18 years of age must be present for a Rapid Fiber representative to enter the premises of the service location to provide installation, service, or repairs. If at least one person over 18 years old is not present at the time of installation, the installation appointment will be rescheduled, and the account will be charged a cancellation fee, as set forth in Rapid Fiber’s Service and Product Fee Schedule.

Proper installation may require drilling through interior and/or exterior walls in order to run fiber or wire and install outside and in-premises equipment. To facilitate optimal WiFi coverage, additional equipment may be necessary, and additional charges will apply. For large premises or premises that have non-standard configurations or construction, a custom WiFi solution may be required.

Data Usage

Rapid Fiber has not established a monthly data usage cap for its Customers. However, Rapid Fiber will continuously and routinely monitor usage. Specifically, Rapid Fiber regularly reviews accounts with uncommonly high usage relative to all other accounts to ensure such accounts have not been subjected to cloning, unauthorized access, other security breaches, or unlawful activity. As part of this review, a Rapid Fiber representative may contact account holders to inquire about usage and may take or require actions to correct problems such as security, class of use, or unlawful activity.

Consent to Communication from Rapid Fiber

The Customer agrees that Rapid Fiber or third parties acting on Rapid Fiber’s behalf may call or text the Customer at any telephone number that the Customer provides to Rapid Fiber or that Rapid Fiber provides to the Customer and may do so for purposes relating to the Customer’s account and/or Services to which the Customer subscribes. The Customer expressly consents to receive such calls and texts and agrees that these calls and texts are not unsolicited.

The Customer understands and acknowledges that these calls and texts may entail the use of an automatic telephone dialing system and/or artificial or prerecorded messages. If the Customer does not wish to receive these communications, the Customer must send written notice of the Customer’s revocation to legalnotices@rapid-fiber.com. The Customer understands and acknowledges that this is the exclusive means of opting out of such communications. The Customer may not opt-out of receiving certain communications pertaining to the Customer’s account, including but not limited to communications regarding emergencies, fraud, or other violations of law, security issues, notices concerning Customer’s bill, and harm caused to the network. Message frequency depends on the Customer’s activity with the provided Services. Message and/or data rates may apply.

Equipment, Tampering or Misuse of Equipment, & Risk of Loss

All equipment and other property and facilities installed by Rapid Fiber in or on the Customer’s premises to deliver the Services to the Customer, including without limitation, Optical Network Terminals (ONT), wireless routers, Wi-Fi extenders, and wiring (“Equipment”), shall remain the sole and exclusive property of Rapid Fiber. In the event that the Equipment is destroyed, damaged, lost, or stolen, including fire, flooding, storm, or other incident beyond the Customer’s control, the Customer shall be liable to Rapid Fiber for the full replacement cost for any lost or damaged Equipment. The Customer agrees to pay any Equipment charges associated with the Service. The Customer is not permitted to alter, misuse, repair, or in any manner tamper with the Equipment or outlets or remove from the Equipment any markings or labels.

Rapid Fiber’s Equipment is designed to be used on the premises in which Service is installed. Therefore, the Customer is prohibited from moving Equipment to another location or using it at an address other than the Service address without prior authorization by Rapid Fiber. In the event that the Customer relocates or if the Service is disconnected or terminated for any reason, the Customer must immediately return all in-premises Equipment in the same operating condition as when received or installed at the Customer’s premises (reasonable wear and tear excepted) directly to Rapid Fiber, but no later than 30 days following termination of Service. If any Equipment is not returned or is damaged by the Customer at any point during Service, a damaged equipment fee will be assessed to cover the cost of repair or replacement, as set forth in Rapid Fiber’s Service and Product Fee Schedule.

Access to Customer Premises

As a condition of receiving the Services, and without compensation, the Customer grants a perpetual easement on and through the service location to provide data and, if applicable, voice services on transport fiber, distribution fiber, and service extension fiber, if applicable, for Service to both the Customer and to other customers, and to perform necessary maintenance, service upgrades, and periodic right-of-way maintenance by or for Rapid Fiber; its parent company Suwannee Valley Electric Cooperative; and at Rapid Fiber’s direction, a third party. This easement, in addition to all other rights and privileges afforded by Florida law, explicitly allows Rapid Fiber and its agents the right to enter Customer’s property at which the Services and/or Rapid Fiber Equipment will be provided for the purposes of installing, configuring, maintaining, inspecting, upgrading, replacing, and removing the Services and/or Rapid Fiber Equipment used to receive any Services.

Third-Party Charges that are Customer’s Responsibility

The Customer may incur charges with third-party service providers (i.e., accessing online services; calling, texting, or otherwise communicating with parties who charge for such services; and purchasing or subscribing to other offerings via the internet) that are separate and apart from the amounts charged by Rapid Fiber. The Customer is responsible for all such charges payable to third parties, including all applicable taxes.

Monitoring & Recording

The Customer agrees that Rapid Fiber and its agents may monitor and record any telephone calls or other voice, data, or image communications that are transmitted between Rapid Fiber and its agents on the one hand and the Customer, his or her authorized user(s), agents, or any permitted users of your Service or Equipment, or any user of any phone number associated with the Customer’s account on the other hand.

Unauthorized Use of Service

The Customer and members of the Customer’s household, including guests of the Customer, are the only permitted users of the Service and must comply with all Terms and Conditions. The receipt of Services without authorization is a crime, and it is unlawful to damage, alter, or destroy Rapid Fiber’s Equipment. Customer understands that Customer may be subject to both criminal and civil penalties for such conduct. The Customer shall not use the Services in a manner calculated to avoid Rapid Fiber’s policies and procedures. The Customer may not sell, transfer, lease, encumber, or assign all or part of the Service. Whether through Rapid Fiber’s Equipment or any wired or wireless router or other equipment installed by the Customer, no one outside of the Customer’s household may access the Service through the Customer’s account. The Customer is responsible for all traffic coming into or outward from the Customer’s account, even if it is by or from an unpermitted user. By accepting Service, the Customer warrants that any use of the Service complies with all applicable laws, regulations, and rules, including all of Rapid Fiber’s Terms and Conditions. Failure to comply with the Terms and Conditions may result in suspension of Service.

This limitation on permitted uses includes, but is not limited to, hosting applications such as the provision of e-mail, FTP, HTTP, VoIP, and Telnet access. Although resale of such services is prohibited, business plans may allow for the hosting of these services for the business’s own purpose (e.g., employee email or a basic business website for marketing). The Customer agrees not to use the Service in a way prohibited by the Terms of Service or by local, state, or federal law, including but not limited to trademark, copyright, or other intellectual property laws. Failure to comply with any applicable laws may result in termination of Service.

Unlawful Use. The Customer may use the Service and the Equipment only for lawful purposes. Rapid Fiber reserves the right to immediately disconnect Service without notice, if, in Rapid Fiber’s sole and absolute discretion, it is determined that the Customer has used the Service or the Equipment for an unlawful purpose. In the event of such disconnection, the Customer will be responsible for all charges, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon disconnection of Service. If Rapid Fiber believes that Service or the Equipment has been used for an unlawful purpose, Rapid Fiber may forward the relevant communication and other information, including the Customer’s identity, to the appropriate authorities for investigation and prosecution. The Customer hereby consents to this forwarding of any such communications and information to these authorities. In addition, Rapid Fiber will provide information in response to law enforcement requests, lawful government requests, subpoenas, and/or court orders to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others.

Inappropriate Conduct. The Customer may not use the Service or the Equipment in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior. Rapid Fiber reserves the right to immediately disconnect the Service without notice, if, in Rapid Fiber’s sole and absolute discretion, it is determined that the Customer has used the Service or the Equipment in any of the aforementioned ways. In the event of such disconnection, the Customer will be responsible for all charges, including, without limitation, unbilled charges, all of which will become immediately due and payable upon disconnection of Service. If Rapid Fiber believes that the Customer used the Service or the Equipment in any of the aforementioned ways, Rapid Fiber may forward the relevant communication and other information, including the Customer’s identity, to the appropriate authorities for investigation and prosecution. The Customer hereby consents to this forwarding of any such communications and information to these authorities. In addition, Rapid Fiber will provide information in response to law enforcement requests, subpoenas, and/or court orders to protect its rights and property and in the case where failure to disclose the information may lead to imminent harm to the Customer or others. Furthermore, Rapid Fiber reserves all of its rights at law and equity to proceed against anyone who uses the Service illegally or improperly.

Tampering. The Customer may not alter or change the electronic serial number or Equipment identifier of the Equipment to perform a factory reset of the Equipment without Rapid Fiber’s prior written consent. Rapid Fiber reserves the right to disconnect Service if, in Rapid Fiber’s sole and absolute discretion, Rapid Fiber believes that the Customer tampered with the Equipment. In the event of such disconnection, the Customer will remain responsible for all charges, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will immediately become due and payable. The Customer may not attempt to hack or otherwise disrupt the Service or make any use of the Service that is inconsistent with its intended purpose.

Theft of Service. The Customer may not use the Service in a manner calculated to avoid Rapid Fiber’s policies and procedures. The Customer shall not obtain or use the Service in an improper manner. The Customer must notify Rapid Fiber immediately, in writing or by calling the Customer Experience team, if the Equipment is stolen or if the Customer becomes aware at any time that Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When the Customer calls or writes, the Customer must provide his or her account number and a detailed description of the circumstances of the Equipment theft and/or fraudulent or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of Service and additional charges assessed to the Customer’s account. Until such time as Rapid Fiber receives notice of the theft and/or fraudulent or unauthorized use, the Customer will be liable for all use of the Service using stolen Equipment and any and all stolen, fraudulent, or unauthorized use of the Service. Rapid Fiber reserves all of its rights at law and equity to proceed against anyone who uses the Service illegally or improperly. The Customer is responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that data is not accessed by unauthorized third parties. Rapid Fiber is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.

Violations of Acceptable Use Policy. Rapid Fiber reserves the right to immediately disconnect Service without notice, if, in Rapid Fiber’s sole and absolute discretion, it is determined that the Customer used the Service or the Equipment in any way that violates Rapid Fiber’s Acceptable Use Policy.

Transfer of Account

The Services shall only be provided at the address where Rapid Fiber completes installation. The Customer may not transfer the Customer’s rights or obligation to the Services to any successor tenant or occupant or to any other address.

Changes in Services

Rapid Fiber reserves the right to modify this Service Agreement or any of its Terms and Conditions at any time by posting changes online at www.rapid- fiber.com/legal. Rapid Fiber will also send a notice via email to each Customer for which an email address is maintained on file. The Customer’s continued use of the Service following notice of such modification shall be deemed to be the Customer’s acceptance of any such modification. If the Customer does not agree to any modification of the Terms and Conditions, the Customer must immediately cease using the Service and notify Rapid Fiber that the Customer is terminating the Service.

Additionally, Rapid Fiber may change or eliminate Services, Equipment, rates, and charges. Rapid Fiber will give the Customer 30 days’ notice of rate increases or other changes in charges or changes to or elimination of Services. If Rapid Fiber makes such a change, Rapid Fiber will post notice at www.rapid-fiber.com/legal and provide notice to Customers’ email addresses.

Because Rapid Fiber may, from time to time, notify Customers about important information regarding the Service and the Terms and Conditions by email, the Customer agrees it is his or her responsibility to regularly check his or her e-mail and all postings at www.rapid-fiber.com/legal and to keep his or her account updated with a valid email address.

Service & Repairs

Rapid Fiber will make reasonable efforts to maintain the system and respond to service calls in a timely manner. Rapid Fiber will repair or replace, at Rapid Fiber’s sole discretion, Equipment damaged due to reasonable wear and tear or technical malfunction. Physical damage to Equipment caused by intentional or negligent misuse is the Customer’s sole responsibility, and the Customer may be charged for the repair or replacement, whichever is warranted.

Prior Accounts

The Customer warrants that no monies are owed to Rapid Fiber from previous accounts with Rapid Fiber. If Rapid Fiber finds a prior account for the Customer where money is owed, then Rapid Fiber may apply any funds received to that prior account, where allowed by law.

Warranty Disclaimer & Limitation on Damages

Service and equipment are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. rapid fiber expressly disclaims any express or implied warranty of title, merchantability, non-infringement, or fitness for a particular purpose regarding the rapid fiber equipment, software, or any service furnished to the customer, all of which warranties are expressly excluded. rapid fiber does not warrant that service will be uninterrupted; error free; or free of any viruses, worms, malware, spam, pop-up advertising, spyware, adware, denial of service attacks or other harmful components. rapid fiber does not warrant that any data or files customer sends or receives via the service will be transmitted in uncorrupted form, within a reasonable time, or free from unauthorized access by others or that other users will be unable to gain access to the customer’s information.

Limitation of Liability. Rapid Fiber (and its Affiliates, Employees, Officers, Managers, Directors, and Agents) shall not be liable to the Customer for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the Services or any acts or omission associated therewith, including any acts or omissions by subcontractors of Rapid Fiber or relating to any Services furnished, whether such claim is based on breach of warranty, contract, or tort, including negligence or any other legal theory, and regardless of the causes of such loss or damages or whether any other remedy provided herein fails.

Customer’s Exclusive Remedy. Rapid Fiber’s entire liability and the Customer’s exclusive remedy with respect to the use of the Services (including without limitation with respect to the installation, delay, provision, termination, maintenance, repair, interruption, or restoration of any such Services) or any breach by Rapid Fiber of any obligation Rapid Fiber may have under the Terms and Conditions whether in an action for or arising out of breach of contract, tort (including negligence), indemnity, or strict liability, shall be the Customer’s ability to terminate the Service or to obtain the replacement or repair of any defective Equipment. In no event shall Rapid Fiber’s liability to the Customer for any claim arising out of this Agreement exceed the amount paid by the Customer during the preceding 3-month period.

The provisions of this Section constitute an allocation of risk between the parties, and the price charged to the Customer is based on such allocation of risk. The terms of this Section shall survive the termination of this Agreement for any reason.

Customer Indemnification

the customer is responsible for and shall defend, indemnify, and hold harmless rapid fiber and its employees, affiliates, suppliers, agents, and contractors and shall reimburse rapid fiber for any damages, losses, or expenses (including without limitation, reasonable attorney’s fees and costs) incurred by rapid fiber in connection with any claims, suits, judgments, and causes of action arising out of (i) customer use of the services or equipment; (ii) violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from customer use of the services or any unauthorized apparatus or system; and (iii) customer breach of any provision of this agreement.

Service Interruptions

Rapid Fiber assumes no liability for interruption of Service beyond its control, including, without limitation, acts of God, natural disaster, fire, civil disturbance, strike, or weather. Any credit adjustments will be determined on a case-by-case basis at Rapid Fiber’s sole discretion.

Internet Access Speeds & Guarantees

The internet access speeds quoted are the maximum rates by which downstream internet access data may be transferred between Rapid Fiber facilities and the network interface device at the Customer’s premises. The maximum rate is not guaranteed and may vary. The quoted speeds should not be confused with the speed at which the Customer receives and sends internet access data through the public internet, as such speeds are impacted by many factors beyond Rapid Fiber’s control. Actual internet speeds vary due to many factors including the capacity or performance of a computer and its configuration, wiring and any wireless configuration, destination and traffic on the internet, internal network or other factors at the internet site with which the Customer is communicating, congestion on the network, and the general speed of the public internet. The actual speed may affect the Customer’s on-line experience, including ability to view streaming video and speed of downloads. Except as otherwise provided by law, Rapid Fiber reserves the right to implement network management controls to optimize and ensure that adequate speed and data transfer is available to all Rapid Fiber Customers.

Accordingly, the Customer understands and agrees that Rapid Fiber does not guarantee that any particular amount of bandwidth on the Service will be made available to the Customer or that any speed or throughput of the Customer’s connection to the Service will be available to the Customer. The Service is subject to both scheduled and unscheduled maintenance outages; however, Rapid Fiber will strive to minimize the impact of scheduled maintenance outages.

The Customer understands that the Service requires electricity at the service location. Therefore, in the event of an electrical outage, the Router/Gateway will not receive power. If this occurs, the Customer’s phone service, if applicable, including any medical or security alert systems, such as E-911, will not be available to the Customer unless the ONT and phone are powered by an Uninterruptible Power Supply (UPS). If the Customer has a medical alert system or security equipment, he or she is strongly encouraged to utilize and maintain a battery backup. It is the Customer’s responsibility to provide, maintain, monitor, and/or replace the battery backup.

Technical Support

Rapid Fiber’s Technical Support Team is available 24/7 and may be contacted at (888) 857-4959 and support@rapid-fiber.com for technical support related to the Services. Onsite technical support for residential and Business Basic customers is limited to business hours and will be scheduled with the Customer. Business Plus and Business Premium Customers should refer to their SLA for information regarding onsite technical support.

Miscellaneous

The Terms and Conditions, including this Service Agreement, represent the entire agreement of the Parties with respect to the subject matter hereof and supersedes all other agreements, written or oral, between the Parties relating to the Service. No term or provision herein shall be waived, and no breach or default excused, unless such waiver or consent is in writing and signed by the Party to which it is attributed. No consent by a Party to, or waiver of, a breach or default by the other, whether expressed or implied, shall constitute a consent to or waiver of any subsequent breach or default. If any provision of the Terms and Conditions shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render the Terms and Conditions unenforceable, but rather the Terms and Conditions shall be construed as if not containing the invalid or unenforceable provision. The Terms and Conditions shall be interpreted, construed, and enforced in accordance with the laws of the State of Florida without regard to its conflict of laws principles. Each Party consents to personal jurisdiction in the state and federal courts of the State of Florida.

Supplemental Service Agreement Applicatiomn to VoIP Phone Service

The following Supplemental Service Agreement sets forth additional Terms and Conditions that shall be applicable in the event the Services requested by the Customer include VoIP Phone Service (“Voice Services”).

Rates & Charges

The rates and charges for the Voice Services are set forth in Rapid Fiber’s Service and Product Fee Schedule. With respect to any Voice Services for which a rate is not specified in the Service and Product Fee Schedule, Rapid Fiber and the Customer will negotiate the applicable rate and/or charge.

Taxes & Surcharges

In addition to the rates and charges for the Voice Services, the Customer shall be responsible for payment of all local, state, and federal taxes, fees and surcharges, however designated, imposed on or based upon the provision, sale, or use of the Voice Services, and any Equipment, excluding taxes based on Rapid Fiber’s net income. The Customer shall be responsible for the payment of all surcharges in effect from time to time, including but not limited to Universal Service Fund (USF), 911 surcharges, and federal and state regulatory surcharges, as required or permitted by applicable law or regulation and/or as specified on Rapid Fiber’s website.

VoIP Usage Billing

Billing for any usage associated with Voice Services, including but not limited to Directory Assistance, Toll Free Service Charges, and International Calling, will occur in arrears (for prior month’s usage-based Services).

Customer Responsibilities

The Customer shall be responsible for providing the following to support Voice Services: (i) an IP or analog telephone and (ii) any internal wiring required to provide telephone service to areas of the premises beyond the immediate area of Rapid Fiber’s provided Equipment.

Unathorized Use of Voice Services

Rapid Fiber shall have the right (but not the obligation) to take protective action against the Customer in order to protect Rapid Fiber’s network from any unauthorized use, which protective action may include, without limitation, the temporary blocking of the Customer’s voice traffic until the applicable problem is resolved in Rapid Fiber’s reasonable discretion. The Voice Services do not support and Rapid Fiber will not accept 976/900 and such other call types in which charges are placed on an end-user’s bill and Rapid Fiber might be expected to act as a collection agent. Use of predictive dialers for more than five percent (5%) of all calls made is prohibited without Rapid Fiber’s prior written consent.

Voice 911E/911 Service Limitations & Limitation of Liability

The Customer understands and acknowledges that access to Voice Services may be lost or may not function properly, including the ability to call for 911/E911 service, under certain circumstances, including but not limited to, the following: (i) Rapid Fiber’s network or facilities are not operating; (ii) broadband connection is lost; (iii) the Customer is experiencing a power outage; (iv) electrical power to the optical network terminal (ONT) is interrupted; and/or (v) the Customer’s failure to provide a proper service address or moving the Service to a different address. The Customer understands and acknowledges that in order for 911/E911 calls to be properly directed, Rapid Fiber must have the current address and if Service is moved to a different address without Rapid Fiber’s approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the incorrect location address for responding, or the Voice Services (including 911/E911) may fail altogether. The Customer is required to notify Rapid Fiber of any change of address of the ONT for 911/E911 calling service to work properly. The Customer agrees that, to the maximum extent allowed by law, Rapid Fiber shall have no liability for any damages caused, directly or indirectly, by the Customer’s inability to access the Voice Services, including 911/E911 services. The Customer agrees to defend, indemnify, and hold harmless Rapid Fiber, its officers, directors, managers, employees, affiliates, and agents and any others who furnish services in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, the Customer or any third party or user of account relating to the absence, failure, or outage of the Voice Services, including 911 dialing and/or inability of the Customer or any third person or party or user of the Voice Services to be able to dial 911 or to access emergency service personnel.

Customer Proprietary Network Information (CPNI)

Under federal law, the Customer has the right, and Rapid Fiber has a duty, to protect the confidentiality of information about the amount, type, and destination of the Customer’s Voice Services usage (CPNI). The Customer hereby consents to the sharing of the Customer’s CPNI or other personal information with Rapid Fiber and its affiliates, agents and contractors, solely for the purpose of developing or bringing to the Customer’s attention any products and services, or in the event of any merger, sale of some or all of Rapid Fiber’s assets, as well as in any insolvency, bankruptcy, or receivership proceeding in which CPNI or other personal information would be transferred as one of the business assets of Rapid Fiber. This consent survives the termination of the Customer’s Service and is valid until revoked by the Customer. To remove this consent at any time, the Customer must notify Rapid Fiber in writing at: Rapid Fiber Internet, Attn: Legal Department, P.O. Box 1543, Live Oak, FL 32064, by explicitly revoking the sharing of his or her CPNI or other personal information and providing the following information: (1) the Customer’s name, (2) service billing address, (3) telephone number including area code, and (4) service account number. Removing consent will not affect the Customer’s current Services.

¹Any Late Fee imposed is a reasonable estimate of costs to manage past due accounts, including preparing additional bill statements, processing Customer service records, mailing additional notices, tracking past due accounts, responding to inquiries regarding past due balances, making collection telephone calls, performing special procedures to process past due payments, generating work orders, and performing necessary field work to collect past due accounts.

 

Service Agreement (PDF)