GENERAL INFORMATION

THE AGREEMENT*

Your Agreement with T-Mobile includes: 

• These Fiber Commercial T&Cs, including any policies, notices and terms incorporated into these Fiber Commercial T&Cs;
• Additional terms and conditions found in your Rate Plan or Products;
• Any applicable Commercial Fiber Services Agreement, Master Corporate Services Agreement (MCSA), Corporate Services Agreement (CSA), Business Services Agreement (BSA) or other Corporate Agreement, Order, Exhibit, Addendum or Annex (collectively, “Corporate Agreement”);
• T-Mobile policies, as amended from time to time, linked in these Fiber Commercial T&Cs, published or available on fiber.T-Mobile.com, our account management websites and apps (“T-Mobile Apps”), or as otherwise provided;
• Any other agreement with T-Mobile, including equipment installment plan agreements, financing agreements, or trade-in agreements; and
• Any documents included by reference in your Corporate Agreement or posted to our TfB & TfG Website: https://www.t-mobile.com/business/terms-and-conditions (collectively, the “Agreement”).

Provisions marked “*” will survive termination of the Agreement.

The Agreement is between your business or organization and T-Mobile USA, Inc. and its controlled subsidiaries, assignees, affiliates, and agents (“us”, “we”, “our,” “T-Mobile” or “T-Mobile Fiber”). The Fiber Commercial T&Cs apply to any person you allow to use the Fiber Services, Products or Equipment, including your employees.

POLICIES, NOTICES, AND TERMS THAT APPLY TO THE FIBER SERVICES*

The following T-Mobile policies, notices, and terms are incorporated into these Fiber Commercial T&Cs and apply to the use of the Fiber Service:

• Privacy Notice: https://www.t-mobile.com/privacy(as amended);

• B2B Privacy Notice: https://www.t-mobile.com/content/digx/tmobile/us/en/privacy-center/privacy-notices/b2b-privacy-notice (as amended); 

• Open Internet Policy: www.t-mobilefiber.com/open-internet (as amended); and

• Information Security Procedures: https://www.t-mobile.com/content/dam/digx/tfb/us/en/non-dynamic-media/pdf/Information_Security_Exhibit(v051624)_v1.pdf (as amended). 

These Fiber Commercial T&Cs replace and control over any previous versions. Except for negotiated Corporate Agreements, in the event of a conflict, the dispute resolution provision in these Fiber Commercial T&Cs, including the Class and Mass Action Waiver and Jury Trial Waiver, controls over the dispute resolution provisions in any other contract or agreement. 

IMPORTANT INFORMATION IN THESE FIBER COMMERCIAL T&CS

In these Fiber Commercial T&Cs, you’ll find important information about: (1) T‑Mobile Fiber-optic based Internet services provided to you (the “Fiber Services”); (2) Any feature, product or solution that we provide (collectively, the “Products”); (3) Any equipment T-Mobile provides to be used with the Fiber Services, such as an optical network terminal (ONT), router, network extender, cables and wires, and related products and accessories (collectively, the “Equipment”); (4) Any charges, surcharges taxes, fees, and other amounts T-Mobile charges you (the “Charges”); (6) Network management practices; (7) Limitations of liability; (8) Resolution of disputes by individual arbitration instead of class action; and (9) Jury trial waivers.

CHANGES, SUSPENSION OR TERMINATION OF THE AGREEMENT OR FIBER SERVICES 

T-Mobile may modify, limit, suspend or terminate the Fiber Services, Products, or the Agreement at any time, including for any unlawful, harassing, threatening, abusive or offensive behavior, or if your business is no longer is located in our Fiber network coverage area. If Fiber Services are reinstated after suspension or termination, a reconnection fee may apply. You are responsible for all Charges incurred through the end of your Fiber Service term, typically the end of your current billing cycle, even if your Fiber Service is suspended. 

Services will continue until you cancel. Unless otherwise provided in a Corporate Agreement, you may cancel Fiber Service at any time by contacting T-Mobile and returning any Equipment. All Equipment (excluding any ONT affixed to a wall) must be returned complete, undamaged and in good working condition with no material alterations, as determined by T-Mobile. Failure to return Equipment may result in a non-return fee up to the Equipment’s full replacement cost. Equipment must be returned within 30-days of canceling the Fiber Service, unless otherwise stated in the Agreement or a different time is expressly communicated to you by T-Mobile.  

T-Mobile reserves the right to take measures to protect the security and integrity of its network and resources. These measures may impact your Fiber Services, Products, Equipment, computer, software, files, personal information or other data stored or transmitted by you. In limited circumstances, this may include blocking your Equipment from the network. 

If T-Mobile makes a change to your Fiber Services, Products, or Rate Plan that materially and adversely affects you, we will provide at least 30-days’ notice. Continued use or payment after the effective date constitutes acceptance of the changes.

*T-MOBILE MAY CONTACT YOU 

T-Mobile may contact you at any mailing address, telephone number, email or by other electronic means, including through T-Mobile Apps, for purposes such as marketing, billing or collections, using any legally permitted method – including automated telephone dialing systems and pre-recorded/artificial voice messages. You expressly consent to such communications from T-Mobile Fiber or our agents. You’re responsible for keeping your contact information current. Failure to do so does not exempt you from receiving or complying with notices. Your consent survives cancellation of your Fiber Services and account. 

NOTICE

For general inquiries: Unless otherwise stated in a Corporate Agreement, you may contact us at fiber.T-Mobile.com, by calling 1-844-7TFIBER (1-844-783-4237), or by writing to: T-Mobile Customer Relations, P.O. Box 37380, Albuquerque, NM 87176-7380. 

Notice Delivery and Effectiveness: Unless otherwise stated in a Corporate Agreement, written notices are considered delivered: 

• Upon receipt if delivered in person or via email, SMS, T-Mobile App, or other electronic means;

• One business day after being sent via national overnight delivery service; or 

• 3 days after mailing via U.S. Postal Service. 

Legal Process: To begin arbitration or legal proceedings, service must be made on T-Mobile’s registered agent, Corporation Service Company: 1-866-403-5272.

ACCOUNT AND PAYMENT INFORMATION

*BILLING INFORMATION

Unless otherwise stated in a Corporate Agreement, T-Mobile will invoice you for Fiber Services on a monthly billing cycle basis. You agree to pay all applicable undisputed Charges for Fiber Service and Equipment within 30 days of the invoice date. Depending on your Rate Plan, you may be required to set up automatic, monthly recurring payments (AutoPay) for your Fiber Service and Equipment (if applicable). You agree to provide us with accurate and complete billing and tax related information and to report all changes within 30 days of the change. There are no refunds or credits for partial periods of Fiber Service utilization. Additional Charges or fees may apply depending on where you pay and/or your payment method. We may restrict your payment methods, at any time, for good reason. 

Autopay. If you set up Autopay, you authorize T-Mobile to automatically debit your debit card or charge your credit card, on a recurring basis no earlier than 2 days before your statement due date until you terminate your authorization online or through T-Mobile Apps. You authorize T-Mobile to store your payment method for future payments by you and any verified users on the account. The amount of each monthly recurring payment will be the full monthly price reflected on your monthly statement, plus any additional Services, Equipment, taxes, fees and other charges applicable to your purchase(s). If you find a billing error and notify T-Mobile at least 4 days before your monthly statement is due, we will attempt to correct the error before the next recurring payment. If you cancel or make changes to AutoPay 2 days or less before the payment due date, the change may not take effect until the following payment cycle. Otherwise, we will automatically debit/charge the amount reflected in your monthly statement. You also authorize T-Mobile to credit your bank account or card in the appropriate amount for any refunds or other billing adjustments. Unless required by law, we will not give you additional notice or obtain consent from you before processing Charges to your designated payment method.

T-MOBILE BEARS NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF AN ERRONEOUS STATEMENT, ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR FAILURE TO PROVIDE ACCURATE AND/OR VALID PAYMENT INFORMATION.

Government Taxes and Fees. You agree to pay all taxes and fees imposed by governmental entities and required to be collected by us in connection with your purchase and/or use of any Fiber Service, Equipment, or Product. To determine taxes and fees, we use the street address where the Fiber Services are provided. Government taxes and fees may change from time to time, without notice. Tax exemptions are applied from the date we receive a valid exemption claim and supporting documentation.

Surcharges. You agree to pay all surcharges applicable to your Fiber Service. Surcharges are not mandated or imposed on you by law, they are T‑Mobile Fiber Charges that are determined, collected, and retained by us. Surcharges include charges, costs, fees, and certain taxes that we incur to provide Services (and are not government taxes, fees or charges imposed directly on our customers). Examples include general and administrative fees (such as certain costs we have already incurred or will incur to provide Service), as well as governmental-related assessments (such as Federal or State Universal Service fees, regulatory charges, environmental fees, and gross receipts taxes). Surcharges may vary depending on the type of Fiber Service and your Rate Plan. Surcharges will apply whether or not you benefit from the programs, activities, or services included in the Surcharge. 

Other Fees. We may charge activation, prepayment, reactivation, program, Equipment non-return, missed appointment, or other fees to establish, change, or maintain Fiber Services. Certain transactions may also be subject to a charge (e.g., convenience payment, etc.). We will tell you if any of these fees apply to your requested transaction.

*LATE PAYMENTS

You are responsible for all Charges incurred through the end of, or resulting from, your Fiber Service term, including periods where your Fiber Service is suspended for non-payment. Charges may not be prorated while your Fiber Service is suspended. If we accept late or partial payments, you must still pay us the full amount you owe, including late fees. If your account is unpaid or otherwise not in good standing, your Fiber Service may be reduced, suspended, or terminated. 

We may charge a late fee of 1.5% monthly or the highest amount allowed by law, whichever is lower, if you do not pay by your due date. If your payment is returned to us as not payable, we will charge a returned payment fee at the highest amount allowed by law. We will not honor limiting notations you make on or with your checks.  

If you fail to pay amounts due, we may assign your account for collection. The collection agency may pursue claims in small claims court limited strictly to the collection of the past due amounts and any interest or costs of collection permitted by law or the Agreement. If we refer your account to a third party for collection, you will be assessed and owe a collection fee at the time of the referral to the third party. 

Late payment, non-payment and/or collection fees are intended to be reasonable advanced estimates of our actual costs resulting from late payments and non-payments. These costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set. Returned payment fees and collection fees are calculated as a percentage of the amount due to the extent permitted, or not otherwise prohibited, by applicable law. 

BILLING DISPUTES*

If you have any questions about your bill or want to dispute any Charges, please contact us by visiting fiber.T-Mobile.com, by calling 1-844-7TFIBER (1-844-783-4237), or by writing to T-Mobile Customer Relations, P.O. Box 37380, Albuquerque, NM 87176-7380. 

Unless otherwise stated in a Corporate Agreement, if you dispute any Charges, you must notify T-Mobile of such dispute within 60 days from the date the Charges were first billed, or you waive the right to dispute such amounts. T-Mobile may require you to describe the dispute in writing. If you accept a credit, refund, or other compensation or benefit to resolve a disputed Charge, you agree that the issue is fully and finally resolved, and T-Mobile will be released from any and all liability regarding your dispute. Unless otherwise provided by applicable law, you must pay any undisputed portion of the Charges even while the dispute is being resolved.

*CREDIT CHECKS 

T-Mobile may obtain credit information from credit bureaus and third parties to evaluate your application, manage your account, or pursue collections. This process may impact your credit rating. We may also report account activity to credit bureaus, including late or missed payments and other defaults.

*DEPOSITS 

We may require you to make a deposit for Services. We may apply deposits to any order or any amount you owe us on any account. This deposit is refundable and will be applied as credit to your account along with interest as may be required by law.

*DISPUTE RESOLUTION & ARBITRATION

Any claim or controversy between you and T-Mobile Fiber arising out of or relating to the Fiber Services (including any Equipment or Products) or the Agreement with us (a “Dispute”) will be resolved as follows:

Notice and Attempted Settlement. As a condition precedent for pursuing a Dispute in arbitration or in court, you must provide written notice to T-Mobile Fiber of the Dispute (a “Dispute Notice”). The Dispute Notice must summarize: (1) the Dispute; (2) your estimated damages; and (3) your requested resolution. We will work together to attempt to resolve the Dispute in good faith. If the Dispute is not resolved within 30 days following delivery of the Dispute Notice, then you may seek relief as described in this Section.

Arbitration. If the total value of the Dispute is $5,000,000 or less, taking into consideration any agreed upon liability limitations within the Fiber Commercial T&Cs, the Dispute is subject to mandatory individual arbitration conducted by the American Arbitration Association (the “AAA”) under the AAA’s Commercial Arbitration Rules (“Arbitration”). Arbitration will take place in a federal or state court in King County, Washington before a single arbitrator (unless otherwise stated in a Corporate Agreement). The appointed arbitrator may grant discovery based on the reasonable needs of the case and may determine motions to be filed, including those for preliminary or ancillary relief and for summary disposition, and will do so in accordance with the Parties’ desire to economically and quickly resolve the Dispute. As soon as practicable after the hearing, the arbitrator will issue a written decision. The arbitrator will have no authority to award punitive damages, exemplary damages, consequential damages, multiple damages, or any other damages not measured by the prevailing Party’s actual damages, and may not make any ruling, finding, or award that does not conform to the terms and conditions of the Agreement. The arbitrator will award to the prevailing Party its reasonable attorneys’ fees and costs of the Arbitration. 

NO ARBITRATION ARISING OUT OF OR RELATED TO THE AGREEMENT WILL PROCEED ON A COLLECTIVE OR MASS-ACTION OR CLASS-ACTION BASIS, AND THE ARBITRATOR WILL HAVE NO AUTHORITY TO CONSOLIDATE CASES. ANY AWARD, ORDER, OR JUDGMENT PURSUANT TO ARBITRATION IS FINAL AND BINDING, AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. 

All Arbitration proceedings and negotiations will be confidential. If the total value of any Dispute is greater than $5,000,000 (or if the Parties reasonably disagree about whether the total value of a Dispute is $5,000,000 or less), then any action or proceeding relating to the Dispute may be brought only in a federal or state court in King County, Washington. 

YOU EXPRESSLY CONSENT TO PERSONAL JURISDICTION IN, AND WAIVE ANY OBJECTION TO, VENUE IN SUCH COURTS. YOU EXPRESSLY WAIVE THE RIGHT TO 1) A JURY TRIAL; 2) PARTICIPATE AS A NAMED PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION; AND 3) PARTICIPATE AS PART OF A CONSOLIDATED ACTION WITH ANY OTHER CASE.

Exceptions. Notwithstanding the above: (a) claims involving intellectual property will be brought in a court of competent jurisdiction where the allegedly offending party is subject to personal jurisdiction; and (b) claims for injunctive relief may be brought in any court of competent jurisdiction by either party or transferred to such court by the responding party prior to the deadline to file any responsive pleading in arbitration.

Limitation of Actions. Any Dispute Notice must be served within 180 days from the date thealleged dispute or when the alleged dispute should have been reasonably discovered. The Dispute must be submitted to arbitration or a court of competent jurisdiction within 180 days from the date the Dispute Notice was served. Failure to provide a Dispute Notice or to initiate arbitration or court proceedings within these time frames will constitute a waiver and release of any liability or obligation with respect to the Dispute and will constitute an absolute bar to the initiation of any proceedings including, without limitation, legal, equitable, or arbitral proceedings of the Dispute. This section will not apply to Customer’s payment obligation. 

*APPLICABLE LAW

Except as stated otherwise in a Corporate Agreement, the Agreement is governed by applicable federal law, the laws of the State of Washington, without regard to conflict of laws rules of that state or jurisdiction. Foreign laws do not apply.  

*WARRANTIES 

Except for any written warranty that may be provided with Equipment or Products, and to the extent permitted by law, the Fiber Services, Products, and Equipment, including all services, products, and third-party solutions, are provided on an “as is” and “with all faults” basis and without warranties of any kind. T-Mobile makes no representations or warranties, express or implied, including (without limitation) any implied warranty of merchantability, title, non-infringement, or fitness for a particular purpose, including security or authentication purposes, concerning your Fiber Services, Products, or Equipment. You assume all responsibility and risk for use of the Services, Products or Equipment, except for any written limited warranty that may be provided by the manufacturer with the Products, Services, or Equipment. Any statements made in packaging, manuals, or other documents, or by any of T-Mobile’s agents are provided for informational purposes only and not as a warranty by T-Mobile Parties. T-Mobile Parties do not authorize anyone to make a warranty of any kind on their behalf and you may not rely on any such statements. 

T-Mobile makes no representation with respect to the speed of the Fiber Services; actual speeds may vary and are not guaranteed. You understand that Internet congestion and outages, as well as maintenance, downtime, and other interruptions may interfere with your ability to access the Fiber Services from time to time. T-Mobile does not promise, or guarantee, Fiber Services will be uninterrupted, accurate, complete, useful, functional, or error free. While T-Mobile strives to protect customer accounts, T-Mobile does not guarantee security. We do not guarantee that your communications will be private or secure; it is illegal for unauthorized people to intercept your communications, but such interceptions can occur. For more information about online safety and cybersecurity, visit https://www.t-mobile.com/privacy-center/education/online-safety-cybersecurity.

*LIMITATION OF LIABILITY 

To the extent permitted by law, damages are limited to direct damages regardless of the theory of liability. Indirect, incidental, special, consequential, treble, or punitive damages are not available under these Fiber Commercial T&Cs or this Agreement. This limitation and waiver apply to any third-party claims you assert where T-Mobile would be required to indemnify that party for such claim. T-Mobile is not liable for damages arising out of unauthorized access or changes to your account, Product, Fiber Services, or Equipment, or the use of your account, Product, Fiber Services, or Equipment by you or by others to authenticate, access, use or make changes to your websites, systems, programs or any third party accounts, including financial, cryptocurrency, and social media accounts. Any arbitration or court proceeding must commence within 2 years of the date the claim arises.

In connection with our Fiber Services, Products, and Equipment, T-Mobile is not liable or responsible for harm or loss to you or any property (including devices, software, and data) resulting from any third-party malware, bots, cookies, viruses or other harmful content, applications, or features; or for damages of any kind resulting from unauthorized access or use by a third party of property connected to the Fiber Services (such as computers, telephones, cameras, locks, security and alarm systems, and medical monitoring devices) or of software, files, or personal information or other data (including stored passwords and access to financial and other accounts); or your interaction with other persons or computers through the Fiber Services; or any inability to use property, devices or other services as a result of incompatibility with or interference caused by our Fiber Services, Products, Equipment, or network.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF T-MOBILE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, “T-MOBILE FIBER PARTIES”) TO YOU AND YOUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND THE EXCLUSIVE REMEDY AVAILABLE, FOR ANY AND ALL CLAIMS, DAMAGES, INJURY, AND LOSSES, INDIVIDUALLY AND IN THE AGGREGATE, ARISING FROM OR RELATED TO THE AGREEMENT IS LIMITED TO A TOTAL AGGREGATE AMOUNT NO GREATER THAN THE MONTHLY RECURRING CHARGES ACTUALLY PAID BY CUSTOMER IN THE 6-MONTH PERIOD PRIOR TO THE DATE THE FIRST CLAIM AROSE FOR THE APPLICABLE FIBER SERVICE. THE EXISTENCE OF MULTIPLE CLAIMS UNDER OR RELATED TO THE AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. YOU AGREE THAT THE INCLUSION OF THIS SECTION IS A MATERIAL CONSIDERATION TO ENTER THE AGREEMENT. THIS LIMITATION WILL SURVIVE ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY OR ALL PARTS OF THE LIMITATION ON DAMAGES. 

T-Mobile is not liable or responsible for any outage, unavailability, degradation, failure or limitation of any Fiber Service (including, for example, any inability to make or receive 911/E911 or other telephone calls or access to websites or apps at a desired time, and interruptions to security or other systems). T-Mobile is also not liable for any failure or limitation of any Fiber Service, or Equipment due to causes beyond our control, including acts of God, unavailability of rights-of-way or materials; loss of electrical power; riot, strike, work stoppages, labor difficulties, pandemic, epidemic, war, terrorism, or government orders or acts.

Fiber Services, Products, and Equipment are not represented as fail-safe and are not designed for use in situations where error-free or uninterrupted Fiber Services is essential. You expressly assume the risk of any damage from high-risk activities involving vital communications in which an error or interruption in the Fiber Services could lead to material injury to business, persons, property, or the environment.

T-MOBILE IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, SERVICES OR OTHER CONTENT AND IS NOT RESPONSIBLE OR LIABLE FOR ANY OPINIONS, ADVICE, STATEMENTS, INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES.

*INDEMNIFICATION 

You, at your sole expense, agree to defend, indemnify, and hold T-Mobile Fiber harmless from any claims arising out of use of, or the failure or unavailability of, the Fiber Services, Products, or Equipment by you, any person on your account, or any person you allow to use the Fiber Services, Products, or Equipment; breach of the Agreement; or violation of any laws or regulations or the rights of any third party by you, any person on your account, or any person you allow to use the Fiber Services, Products, or Equipment (including, but not limited to, your employees, contractors, customers, and guests). You further agree to indemnify T-Mobile from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Fiber Services, including relating to the failure or outage of the Fiber Services or the Equipment. 

T-Mobile will defend you from any claims by third parties arising from personal injury, death, or damage to tangible property resulting from T-Mobile’s gross negligence or willful misconduct in providing Fiber Services under the Agreement.   

EQUIPMENT AND INSTALLATION

EQUIPMENT INSTALLATION, MAINTENANCE, AND REMOVAL

You authorize T-Mobile and our authorized representatives to enter the location where Fiber Services will be provided and Equipment installed (the “Premises”) to: 

• Survey the Premises prior to Equipment installation; 

• Inspect, install, maintain, repair and remove Equipment at any reasonable location, both inside and outside of the Premises (including installation maintenance, or repair of any underground conduit); and

• Take photographs of the Equipment for quality control purposes. 

You further agree that we or our authorized representatives may:

• Place temporary or permanent facilities including buried or above-ground fiber to the Premises; 

• Drill, cut and otherwise alter, and/or make improvements to the Premises (including walls, flooring, siding, foundations, and/or other surfaces) in order to install cables or other equipment necessary to make the Fiber Services available at the Premises; and 

• Use any existing facilities in and around the Premises, including existing wiring. 

You represent that you are authorized to allow all of the foregoing, and if you do not own the Premises, you represent and warrant that there are no legal, contractual, or similar restrictions, and you have otherwise obtained necessary permission from the owner to authorize installation, maintenance, and repair services related to the Fiber Services. You agree that you may be asked to provide written evidence that you have received all permissions necessary to authorize the performance of installation, maintenance, and repair services. 

Unless you have purchased the Equipment or we have designated the Equipment as retired, you agree that the Equipment will, at all times, remain the property of T-Mobile Fiber, or one of our affiliates, and may be removed by us, or our authorized representatives, upon the termination of the Agreement.

USING OUR NETWORK

FACTORS THAT MAY AFFECT YOUR SERVICE

Your Fiber Services require electric power to your ONT. If there is a power outage, you will lose access to and use of Fiber Services, including the ability to make calls to 911 by use of a Voice over Internet Protocol (VoIP) service or any other means, unless you supply backup power, such as from a working generator, uninterruptable power supply (UPS) device, or battery. Problems with our or third-party networks or suspension or termination of your Fiber Services may also impact Services availability. 

Your Fiber Services speed may vary based on numerous factors, including the type and capability of the networking equipment used, capacity of the Internet sites you access, and network congestion. Outages and interruptions in Fiber Service may occur. For example, external factors outside our control, such as damage to fiber lines or issues with third-party infrastructure, can interrupt your Fiber Service. Equipment or Product upgrades and network maintenance can interrupt Fiber Service or impact speed. We will do our best to inform you of planned interruptions. 

Your Fiber Service is subject to network management practices aimed at optimizing the network experience and allowing customers to choose the type of service that best fits their needs. These practices are dynamic and may evolve over time based on changes in technology and usage patterns. Network management practices may include monitoring and detecting potential unlawful intrusions and denial of service attacks and responding to network threats or vulnerabilities.  The network management practices for your Fiber Service can be found in your Rate Plan and our Open Internet policy, located at: https://fiber.t-mobile.com/legal/open-internet. These practices may change, at any time, without notice, to protect the network, manage network performance, and meet customer needs.

We are not responsible for services, hardware or software provided by third parties that may be used with the Fiber Service, including those third-party products that may support voice calling, 911 connectivity, or E911 functionality. Please review all the terms and conditions for such third-party products.

*PROHIBITED USES OF FIBER SERVICES

The T-Mobile Fiber network is a shared resource that is managed for the benefit of all of our customers. The following uses of the Fiber Services, Equipment and Products are prohibited:

• Compromising network security or capacity, degrading network performance, using malicious software or “malware”, hindering other customers’ access to the network, or otherwise adversely impacting network service levels or legitimate data flows;
• Using applications or devices that automatically consume unreasonable amounts of network capacity or are designed or are otherwise used for unattended use, automatic data feeds, auto-dialers or other automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality;
• Misusing the Fiber Service, including “spamming” or sending abusive, unsolicited, or other mass automated communications;
• Monitoring services, transmission of broadcasts, transmission of recorded material, telemarketing, or other connections that do not consist of uninterrupted live dialogue between individuals;
• Forging or misrepresenting packet or message headers, or other data, whether in whole or in part, to mask the originator of the content, or impersonating any person or entity, engaging in sender address falsification, forging anyone else’s digital or manual signature, or performing any other similar fraudulent activity such as phishing;
• Accessing the accounts, devices, equipment, data, or servers of others without authority, or employing password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, port scanning or Trojan Horse program;
• Permitting third parties to use your account and password or relaying your connection to other homes or properties.
• Making the Fiber Service available to anyone outside the Premises, reselling the Fiber Services, either alone or as part of any other good or service, or to creating substitute or related services through the use of or access to the Fiber Services (for example, to provide Wi-Fi services to third parties outside of the Premises).
• Tampering with, reprograming, altering, or otherwise modifying your Equipment or Products, including their software, to circumvent any of our policies or violating any party’s intellectual property rights;
• Using the Fiber Services to distribute any malware, spyware or other harmful content, engaging in denial-of-service attacks, or attempting to harvest email addresses or personal information of others;
• Using the service for any fraudulent, malicious or unlawful purpose;
• Causing harm or adversely affecting T-Mobile, the network, T-Mobile customers, employees, business, or any other person;
• Conflicting with applicable law or violating this Agreement;
• Attempting or assisting or facilitating anyone else in any of the above activities.

VOICE OVER INTERNET PROTOCOL SERVICES

The following terms are applicable to VoIP Service sold in connection with Fiber Services. 

• Limitations of Emergency (911) Calling. CAREFULLY READ THE INFORMATION BELOW. YOU ACCEPT ALL LIMITATIONS ON 911/E911. YOU AGREE TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY PLACE CALLS OVER THE SERVICES. Your VoIP Service includes 911/Enhanced 911 functions (“911/E911”) that may differ from 911/e911 functions furnished by traditional telephone service providers. As such, the 911/E911 Services may have certain limitations. If you have questions about 911/E911, contact us immediately.

• Correct Address. In order for your 911/E911 calls to be properly directed to emergency services, we must have your correct Service Location address. You’re not permitted to move your VoIP Service to a different location.

• Service Interruptions. Access to 911/E911 requires that your VoIP Service is active and that you have electrical power connected to your optical network terminal.  YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY LOSE ACCESS TO AND USE OF VOIP SERVICE, INCLUDING 911/E911, UNDER CERTAIN CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (i) IF OUR NETWORK OR FACILITIES ARE NOT OPERATING; (ii) IF ELECTRICAL POWER TO THE ONT IS INTERRUPTED AND THE ONT DOES NOT HAVE A BATTERY BACKUP; (iii) IF THE ELECTRICAL POWER TO THE ONT IS INTERRUPTED AND ANY BATTERY BACKUP IS EXHAUSTED OR FAILS; or (iv) YOUR SERVICE HAS BEEN SUSPENDED OR IS NOT PROPERLY FUNCTIONING. You also understand and acknowledge that battery backup may provide power for only a limited time, that the performance of the battery backup is not guaranteed, and that if the battery is exhausted, the VoIP Service will not function until normal power is restored. You understand and acknowledge that your ONT may not have battery backup or another power source of its own. Furthermore, calls, including calls to 911/E911, may not be completed if there is a problem with network facilities, including network congestion, network or network equipment failure, or another technical problem.

• Suspension and Termination. You agree that all VoIP Service, including 911/E911 and all online features, will be disabled if your account is suspended or terminated.

• Additional Limitation on Liability and Indemnification. YOU AGREE THAT T-MOBILE AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY FIBER SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE FIBER SERVICES, OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS T-MOBILE AND ITS SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE FIBER SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE FIBER SERVICES, (INCLUDING THOSE RELATED TO 911/E911 SERVICES RELATED TO VOIP SERVICES).

   

• Not All Call Types and Destinations Supported. Our rates for VoIP Services are intended to include unlimited calls to all toll-free telephone numbers that can be accessed with the Fiber Services. Our suppliers typically block calls that would incur additional charges, such as calls to other countries, operator services, collect calls, directory assistance, and pay-per-call services such as dial around (10-10) calling and 500, 700, 900 and 976 telephone numbers. In the event that we are charged by our suppliers for calls made or to your service, even if not authorized by you, we may charge you our costs for such calls. The VoIP Services may not support or be compatible with: (i) certain non-voice communications equipment, including but not limited to alarm or home security systems that make automatic phone calls; medical monitoring devices; certain fax machines; and certain “dial-up” modems; (ii) rotary-dial phone handsets, pulse-dial phone handsets, and some models of other voice-related communications equipment such as answering machines and traditional Caller ID units; (iii) and 211, 311, 511, or 811 calling.

• Transfer of Your Phone Number to another provider.  To transfer your phone number from Company to another service provider, you must terminate the Service with Company, subject to any applicable early cancellation fee, and place the transfer order through your new service provider.  Requesting a service from another provider does not automatically cancel your Agreement with Company

PROTECTING YOUR ACCOUNT AND INFORMATION 

Internet use involves many risks. We cannot protect you from all risks and we are not responsible for informing you of all risks. For example, it is your sole responsibility to implement appropriate security measures – such as using strong passwords, installing antivirus software, and backing up data – to protect your devices, accounts, and information.

T-MOBILE’S USE AND PROTECTION OF PERSONAL INFORMATION

You agree that with respect to Personal Data, T-Mobile is acting as a “Business” or “Controller” (as defined by applicable privacy laws) or in an equivalent capacity. T-Mobile will only collect, use, disclose, or otherwise process personal data, and T-Mobile will protect the security, integrity, and confidentiality of personal data, in accordance with its B2B Privacy Notice, the Agreement, T-Mobile’s Information Security procedures, and applicable privacy laws. 

You agree that we may use confidential information, CPNI, and other personal data, as described in our B2B Privacy Notice, to provide services and products to you, attempt to prevent fraud, security incidents, or illegal or unauthorized activity, to comply with or as authorized by applicable law, or as authorized by you.

The Federal Communications Commission (“FCC”) has adopted additional rules in 47 C.F.R. § 64.2010, designed for residential customers, that would restrict our ability to disclose certain information to, or permit certain changes to accounts requested by, inbound callers or visitors to our offices, and that would regulate our ability to provide customers with account access online, but the FCC permits business customers and their service providers to agree to more flexible customer authentication methods that are better suited for an efficient business relationship. You agree that the account representatives we assign to your account may disclose your CPNI or make changes to your account at the request of persons that they reasonably believe to be your authorized representatives. You also agree that we may provide online access to your CPNI in any commercially reasonable manner and that the requirements of Section 64.2010 of the FCC’s rules shall not apply to the Agreement. 

You represent and warrant that, with respect to personal data shared with or received from T-Mobile about all users of the Fiber Services we provide to you and about all representatives of your business, in compliance with all applicable laws, (a) you have obtained consent and/or authorization from each such person to share or receive their personal data, (b) you will promptly notify T-Mobile of any such person’s withdrawal of such consent or authorization, and (c) you have previously provided all notices and disclosures to each such person. In jurisdictions where a customer or user of the Fiber Services or an authorized representative of your business has a right to request that T-Mobile provide the personal data that T-Mobile maintains about them, you agree to assist T-Mobile to verify the identity of such person in accordance with applicable laws, and to take any other action reasonably necessary to comply, and to enable T-Mobile to comply, with applicable laws.

*Miscellaneous

Here are additional terms that apply to you.

IP ADDRESSES. You acknowledge that use of the Fiber Services does not give you any ownership or other rights in any Internet/online addresses provided to you, including, but not limited to, Internet Protocol (“IP”), e-mail, and Web addresses. You may not port IP addresses to another service provider. We may modify or change these addresses at any time without notice and shall in no way be required to compensate you for these changes. Upon termination of a Services account, we reserve the right permanently to delete or remove any or all addresses associated with the account. Static IP addresses are intended for use with a single device or network of devices supporting Internet applications and are provisioned as public addresses that are visible to others.

ORDER OF PRECEDENCE. These Fiber Commercial T&Cs, Customer’s Corporate Agreement (including any orders, addenda or exhibits), and other documents incorporated by reference are intended to be consistent with, and supplementary to, each other. If a conflict exists among provisions in this Agreement, (a) specific terms will govern over general provisions, and (b) negotiated, attached terms, conditions or pricing and documents posted on the TFB Website will control over standardized, or non-negotiated terms or pricing to the extent permitted by law. 

ENFORCEMENT OF OUR RIGHTS. If we don’t enforce our rights under the Agreement in one instance, it doesn’t mean we won’t or can’t enforce them in another instance. 

MARKS. You will not use any T-Mobile’s trademarks, service marks, trade dress, logos, trade names, domain names, or URLs in any advertising, publications, promotions, or otherwise unless expressly approved, in writing, by T-Mobile. T-Mobile will not use any of your trademarks, service marks, trade dress, logos, trade names, domain names, or URLs in any advertising, publications, promotions, or otherwise unless expressly approved, in writing, by you. 

SEVERANCE. If any part of the Agreement is held invalid, then that part may be severed from the Agreement to the extent permitted under applicable law, and the remainder of the Agreement will remain in full force and effect.

ASSIGNMENT. You can’t assign or transfer the Agreement or any of your rights or duties under it without our written consent. We may assign or transfer all or part of the Agreement, or your debts to us, without notice. You understand that the assignment or transfer of all or any part of the Agreement or your debt will not change or relieve your obligations under the Agreement.

THIRD PARTIES. The Agreement isn’t for the benefit of any third party, except our parent companies, affiliates, subsidiaries, agents, and predecessors and successors in interest. 

ENTIRE AGREEMENT. The Agreement is the entire agreement between you and us regarding the rights you have with respect to your Fiber Services, except as provided by law. You cannot rely on any other documents or statements by any sales or service representatives or other agents to modify the terms of the Agreement.

ENGLISH VERSION CONTROLS. The original version of the Agreement is in English. To the extent there are conflicts between the English version and any other language version, the English version will control.

DMCA NOTICE. Our DMCA notice procedure is described at: www.t-mobile.com/responsibility/legal/copyright (http://es.t-Mobile.com/responsibility/legal/copyright for our Spanish website). Our Designated Agent is Copyright Agent, 12920 S.E. 38th Street, Bellevue, WA 98006; copyrightagent@t-mobile.com; phone: 425-383-4000. There are substantial penalties for sending false notices. It is our policy, in appropriate circumstances and in our sole judgment, to limit, suspend or terminate the Service of any subscriber, account holder, or user who is deemed to be a repeat infringer of copyrights.