T‑Mobile Fiber Terms & Conditions

Effective March 19th, 2025

Thanks for choosing T‑Mobile Fiber. Please use this page as a reference for questions about your T-Mobile Fiber services. These Terms & Conditions for fiber optic-based internet services, as updated from time to time (“Fiber T&Cs”) contain important information about your relationship with us, including requiring individual mandatory arbitration of disputes, instead of class actions or jury trials. If you’re looking for the terms and conditions for your wireless service, please go to www.T-Mobile.com. 

Accepting these Fiber T&Cs means you also acknowledge receiving our Privacy Notice, updated from time to time. Our Privacy Notice describes the personal data we collect, how we use and share data, and your data choices. Our Privacy Dashboard provides tools to manage your privacy choices and learn more about what data we collect about you. If you have a business relationship with us, our B2B Privacy Notice, as updated from time to time, reflects our privacy practices. Our Privacy Notices and Privacy Dashboard are available at www.T-Mobile.com/privacy.

GENERAL INFORMATION

 

ARE THERE ANY OTHER TERMS THAT APPLY TO ME?

Yes. Your “Agreement” with us includes the following:
 

  • These Fiber T&Cs;
  • Additional terms and conditions found in your Rate Plan or Products;
  • Your acknowledgement of receiving our Privacy Notice, as described above;
  • Other agreements including service and installation agreements;
  • Our Open Internet Policy, as amended from time to time, further described in the “Using our Network” section; and
  • Our other policies, as amended from time to time, linked in these Fiber T&Cs, published or available on fiber.T-Mobile.com, our account management websites and apps (“T-Mobile Apps”), or as otherwise provided to you.

Any section marked “*”, and any other provision which by their nature would be expected to survive, continue after termination of our Agreement with you.

These Fiber T&Cs replace and control over any previous versions.  The dispute resolution provision in these Fiber 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 if there is a conflict.

 

WHO ARE THESE FIBER T&CS WITH?

These Fiber T&Cs are an agreement between you on behalf of yourself, any person on your account, and any person you allow to use the Services, Products or Equipment and T-Mobile USA, Inc. and our controlled subsidiaries, assignees, affiliates, and agents (“us”, “we”, “our,” “T-Mobile” or “T-Mobile Fiber”). 

 

HOW DO I ACCEPT THESE FIBER T&Cs?

By accepting these Fiber T&Cs, you agree to be bound to these terms. You accept these Fiber T&Cs by doing any of the following things:

  • Giving us a written or electronic signature or confirmation, or telling us orally that you accept; or
  • Ordering, activating, using or paying for the Services, Products, or Equipment.

If you don’t want to accept these Fiber T&Cs, don’t do any of these things.

When you accept, you're telling us that you are of legal age (you are either legally emancipated or have reached the age of majority as defined in your jurisdiction) and that you are able to enter into a contract. If you accept on behalf of an organization, you're telling us that you are authorized to bind that organization, and references to "you" in these Fiber T&Cs may mean the organization.

 

WHAT IS INCLUDED IN THESE FIBER T&CS?

In these Fiber T&Cs, you'll find important information about:

 

  • T‑Mobile Fiber-optic based Internet services provided to you (“Services”);
  • Any feature, product or solution that we provide to you (collectively, “Products”);  
  • Any equipment we provide to you to be used with our Services, such as an optical network terminal (ONT), router, network extender, cables and wires, and related products and accessories (collectively, “Equipment”);
  • Any charges, taxes, fees, and other amounts we charge you (“Charges”);
  • Network management practices;
  • Limitations of liability;
  • Resolution of disputes by individual arbitration and class action; and
  • Jury trial waivers.

 

CAN T‑MOBILE FIBER CHANGE, LIMIT, SUSPEND OR TERMINATE MY SERVICES OR THE AGREEMENT?

Yes. We may change, limit, suspend or terminate the Services, Products, or the Agreement at any time, including if you engage in any of the prohibited uses described in the Agreement, no longer reside in a T‑Mobile Fiber network coverage area, or engage in unlawful, harassing, threatening, abusive or offensive behavior. If your Services, Products, or account is limited, suspended, or terminated and then reinstated, you may be charged a reconnection fee. Your account may still incur Charges if we suspend or limit Services, and you are responsible for any incurred Charges. 

Under certain limited circumstances, we may also block your Equipment from working on the network. We reserve the right to take actions to protect the security and integrity of our network and resources, which may affect your Services, Products, equipment, computer, software, files, personal information and other data stored or transmitted by you. 

If a change to the terms of your Services, Products, or Rate Plan will have a material adverse effect on you, we will provide 14 days’ notice of the change. Your continued use or payment for your Services or Products after the effective date of the change means you have accepted the changes.

 

*AM I CONSENTING TO BE CONTACTED?

Yes. We may contact you on any telephone number provided to us by you for any purpose, including marketing, and in any manner permitted by law. You expressly consent to be contacted by T‑Mobile Fiber or our agents for any purpose, including billing and collection, at any mailing address, T-Mobile Apps, telephone number, email address, or any other electronic address where you may be reached. You agree that T‑Mobile Fiber or our agents may contact you in any manner, including pre-recorded/artificial voice or an automatic telephone dialing system. You represent that you have received the consent of other users on your account to be contacted by us as described in this section. All consents provided in this section will survive cancellation of your Services and account.

 

HOW DO WE NOTIFY EACH OTHER?

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. We may deliver notices to you by email, mail, bill messages, phone, T-Mobile Apps, or electronic means using your account information in our records. Notices sent to the email address associated with your account, or by other electronic means, are considered delivered when sent, or when available on your bill for viewing. Mail notices are considered delivered 3 days after mailing. You agree to notify us promptly if you can no longer be reached at any contact email address or number you provide us.  Your failure to provide accurate, up-to-date contact information does not excuse you from the obligation to comply with or be subject to any notices we send. 

To begin arbitration or any other legal proceeding, you must serve our registered agent, Corporation Service Company, which can be contacted at 1-866-403-5272.

 

 

ACCOUNT AND PAYMENT INFORMATION

 

*HOW WILL I BE BILLED AND HOW DO I PAY FOR THE USE OF THE SERVICES?

You will receive a monthly electronic (paperless) bill at T-Mobile Apps. You agree to pay all applicable Charges for Service and Equipment by the due date set forth in your monthly bill. Depending on your plan, you may be required to set up automatic, monthly recurring payments (AutoPay) for your 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. If you are on a prepay plan, your payments are nonrefundable and there are no refunds or credits for partial periods of Service utilization. Additional Service Charges or fees may apply depending on where you pay and/or your payment method. We may restrict your payment methods to cashier’s check, money order, or other similar secure forms of payment 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, or for prepay customers, until your prepay account is terminated. 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. Also, 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 on 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 SHALL BEAR 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 Service, Equipment, or Product. To determine taxes and fees, we use the street address where the Services are provided. 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 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 imposed on us (such as Federal or State Universal Service fees, regulatory charges, environmental fees, and gross receipts taxes). Surcharges assessed to you may vary depending on the type of 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 Services. Certain transactions may also be subject to a charge (for example, convenience payment, etc.). We will tell you if any of these fees apply to your requested transaction.

 

*WHAT IF I DON’T PAY ON TIME?

You are responsible for all Charges incurred through the end of, or resulting from, your Service term, including for periods where your Service is suspended for non-payment. Charges may not be prorated while your 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 Service may be reduced, suspended, or terminated. 

We may charge a late fee of up to the highest amount allowed by law 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.  

You and we each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims 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 a reasonable advance estimate of our actual costs resulting from late payments and non-payments by our customers; 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. 

For customers on a prepay plan, if your payment is unable to be processed due to insufficient funds, expiration or any other reason, you may continue to receive Services for a grace period of up to five (5) days. After five (5) days if your recurring payment is still unable to be processed, we will terminate your Services and your account will be suspended.

 

*WHAT HAPPENS IF I CANCEL MY SERVICES?

You are free to go, although we’d be sad to see you leave. You are responsible for all Charges incurred through the end of, or resulting from, your Service term, including Charges covering periods where your Service is suspended. In most instances, this is the close of your then-current billing cycle. Your Services continue until you cancel them, which you may need to do by contacting us. Once cancelled, you may be required to pay a non-return fee if you do not return the Equipment that we provided to you (except any optical network terminal that is affixed to a wall, which you agree indefinitely not to remove or damage) within fifteen days unless we notify you that such return is not necessary. 

 

*DOES T-MOBILE CHECK MY CREDIT? 

Yes, for many of our products and services. We may get information about your credit history from credit-reporting agencies and from other third parties, which may affect your credit rating, in connection with your application for a Product or Service, and to review or collect on your account. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.

 

*AM I REQUIRED TO MAKE A DEPOSIT? 

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

 

*HOW CAN I DISPUTE MY CHARGES?

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. If this does not resolve your issue, please notify us in writing. Unless otherwise provided by law, you must notify us in writing of any dispute regarding your bill or Charges to your account within 60 days after the date you first receive the disputed bill or Charge. If you don’t, you may not pursue a claim in arbitration or in court. If you accept a credit, refund, or other compensation or benefit to resolve a bill dispute or Charge, you agree that the issue is fully and finally resolved, and T‑Mobile Fiber shall be released from all liability regarding said dispute. Unless otherwise provided by law, you must remit payment on any disputed Charges until the dispute is resolved.

 

 

DISPUTE RESOLUTION

 

*HOW DO I RESOLVE DISPUTES WITH T‑MOBILE FIBER?

By accepting these Fiber T&Cs, you are agreeing to resolve any dispute with us through individual binding arbitration or small claims dispute procedures (unless you opt out), and to waive your rights to a jury trial and to participate in any class action suit. See the “How can I dispute my charges?” section for details on the billing dispute process.

Individualized Dispute Resolution and Arbitration. YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ALL CLAIMS AND DISPUTES BETWEEN YOU AND T-MOBILE WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION OR IN SMALL CLAIMS COURT. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS AND DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR PRIVACY NOTICE, PRIVACY OR DATA SECURITY PRACTICES, OUR SERVICES, EQUIPMENT OR PRODUCTS, AND BILLS OR CHARGES. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THE AGREEMENT AND RELEVANT SUBSTANTIVE LAW, MUST ENFORCE APPLICABLE STATUTES OF LIMITATION, DEFENSES, AND PRIVILEGES, AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

This includes any claims against other parties relating to the Services, Products, or Equipment provided or billed to you (such as our suppliers, dealers, authorized retailers, or third-party vendors) whenever you also assert claims against us in the same proceeding. You and we each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision (despite the general choice of law provision set forth below). 

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT INSTEAD OF ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE YOUR SERVICE WITH US IS INSTALLED (the “Opt Out Deadline”). You must opt out by the Opt Out Deadline for each new Service. You may opt out of these arbitration procedures  online at https://t-mobilefiberdisputeresolution.com/en. Any opt-out received after the Opt Out Deadline will not be valid and you will be required to pursue your claim in arbitration or small claims court.

For all disputes or claims you have, you must first give us an opportunity to resolve your claim by sending a written description of your claim ("Notice of Dispute") to the address provided in the “How Do We Notify Each Other?” section. The Notice of Dispute must contain enough information for us to identify your account and attempt to resolve your claim, including (a) the name and email address of the T-Mobile account holder; (b) billing account number; (c) the address where Service is installed; (d) a written description of the problem, relevant documents and supporting information; and (e) a good faith calculation of the damages you claim to have suffered and a statement of the specific relief you are seeking. You may be represented by an attorney or other person in that process. However, if you choose to do so, you must also submit a signed written authorization with your Notice of Dispute that allows us to discuss your account with your attorney or other representative. Similarly, if we have any dispute with you, we will send a Notice of Dispute to your billing address. You and we each agree to negotiate any claim(s) between us in good faith. You and we each agree that neither of us may commence any arbitration or court proceeding unless you and we are unable to resolve the claim(s) within 60 days after receipt of the Notice of Dispute provided the party who sent the Notice of Dispute has made a good faith effort to resolve the claim during that time.

If we are unable to resolve any claims within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent (see the “How Do We Notify Each Other?” section) and to the American Arbitration Association (“AAA”). The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflict with these Fiber T&Cs, in which case these Fiber T&Cs will govern. The AAA rules are available at www.adr.org. 

If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim should proceed in arbitration.

The arbitration of all disputes will be conducted by a single arbitrator, selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the AAA rules and any applicable state laws or rules.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA rules. If you initiate an arbitration, you are required to pay the AAA’s initial filing fee, but we will reimburse you for the difference between that fee and the fee for filing a complaint in a federal or state court in your county (or parish) of residence, if any, when the arbitration ends. However, if the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. These Fiber T&Cs authorize the arbitrator to award fees or other sanctions against your counsel. Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.

The arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim.

The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either the Agreement or the arbitration clause, and whether any claim is subject to arbitration. Notwithstanding the forgoing, (1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures set out above and whether any claim you or we have filed in arbitration or in court is inconsistent with the Class and Mass Action Waiver included in these Fiber T&Cs.

Class and Mass Action Waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION (THE “CLASS AND MASS ACTION WAIVER”). If you opt out of the arbitration provision as specified above, this Class and Mass Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, mass, or representative proceeding without having complied with the opt out requirements above.

In any action between you and us, if a court or an arbitrator determines that any part of this arbitration provision or Class and Mass Action Waiver is unenforceable with respect to any claim, remedy, or request for relief, then the arbitration provision and Class and Mass Action Waiver will not apply to that claim, remedy, or request for relief. But the arbitration provision and Class and Mass Action Waiver will still apply to all other claims, remedies, and requests for relief that you or we may assert in that or any other action. In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.

Jury Trial Waiver. If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

 

*WHAT LAW APPLIES TO THESE FIBER T&CS?

The Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state or jurisdiction in which your Service address in our records is located, without regard to the conflicts of laws rules of that state or jurisdiction. Foreign laws do not apply. Arbitration or court proceedings must be in the county and state or jurisdiction in which your billing address in our records is located, but not outside the U.S. 

 

*ARE THERE ANY WARRANTIES? 

Generally, no. Except for any written warranty that may be provided with Equipment, and to the extent permitted by law, the Services, Products, and Equipment are provided on an “as is” and “with all faults” basis and without warranties of any kind. We make no representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, including security or authentication purposes, concerning your Services, Products, or Equipment. While we strive to protect customer accounts, we do not guarantee security. For more information about online safety and cybersecurity, visit www.T-Mobile.com. T-Mobile makes no representation with respect to the speed of its 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 Services from time to time. We can’t and don’t promise uninterrupted or error-free Services and don’t authorize anyone to make any warranties on our behalf. This doesn’t deprive you of any warranty rights you may have against anyone else. 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.

 

*ARE THERE LIMITATIONS ON LIABILITIES? 

Yes. To the extent permitted by law, you and we each agree to limit claims for damages, or other monetary relief against each other to direct and actual damages regardless of the theory of liability. This means that neither of us is liable for any indirect, incidental, special, consequential, treble, or punitive damages from the other. Additionally, we are not liable for damages arising out of unauthorized access or changes to your account, Product, Services, or Equipment, or the use of your account, Product, Services, or Equipment by you or by others to authenticate, access, use or make changes to any third party accounts, including financial, cryptocurrency, and social media accounts. This limitation and waiver also apply to any claims you may bring against any other party to the extent that we would be required to indemnify that party for such claim. You agree we are not liable for problems caused by you or a third party, by any act of nature or other event outside our reasonable control, or by any unlawful activity by someone unrelated to T‑Mobile Fiber. To the extent permitted by law, you and we each also agree that an arbitration or court proceeding must be commenced within 2 years of the date the claim arises.

You agree that, in connection with our Services, Products, and Equipment, we are 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 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 Services; or any inability to use property, devices or other services as a result of incompatibility with or interference caused by our Services, Products, Equipment, or network. 

You agree that we are not liable or responsible for any outage, unavailability, degradation, failure or limitation of any Service (including, for example, any inability to make or receive 911 or other telephone calls or access websites or apps at a desired time, and interruptions to security or other systems). You agree that we are also not liable for any failure or limitation of any 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. 

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

WE ARE NOT PUBLISHERS OF THIRD-PARTY INFORMATION, APPLICATIONS, SERVICES OR OTHER CONTENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY OPINIONS, ADVICE, STATEMENTS, INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES.

 

*AM I REQUIRED TO INDEMNIFY T-MOBILE? 

Yes, you agree to defend, indemnify, and hold us and our directors, officers, and employees harmless from any claims arising out of use of, or the failure or unavailability of, the Services, Products, or Equipment by you, any person on your account, or any person you allow to use the 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 Services, Products, or Equipment. 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 Services, including relating to the failure or outage of the Services or the Equipment. 

 

EQUIPMENT AND INSTALLATION

 

HOW WILL YOU INSTALL, MAINTAIN, OR REMOVE EQUIPMENT?

You authorize T-Mobile and our authorized representatives to enter the location where 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, 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 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 permission from the owner. You acknowledge 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 acknowledge and agree that the Equipment will at all times remain the property of T-Mobile Fiber, or one of our affiliate’s, and may be removed by us, or our authorized representatives, upon the termination of the Agreement.

 

USING OUR NETWORK

 

WHAT FACTORS MAY AFFECT MY SERVICE?

Your Services require electric power to your optical network terminal. If there is a power outage, you will lose access to and use of the Services, including the ability to make calls to 911 through the Services, 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 Services may also impact Services availability. 

Your 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 Service may occur. Equipment upgrades and network maintenance can interrupt Service or impact speed. We will do our best to inform you of planned interruptions. 

Your Service is subject to network management practices aimed at optimizing network experience and allowing customers to choose the type of service that best fits their needs. Network management practices such as data prioritization and video optimization help manage data usage on the network to reduce the risk of significant service impacts and may result in noticeable changes to your experience, especially during times of congestion.  The network management practices for your Service can be found in your Rate Plan and our Open Internet policy, located at 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 Service, including those third-party products that may support voice calling, 911 connectivity, or E911 functionality. Please review all terms and conditions for such third-party products.

 

*WHAT ARE THE PROHIBITED USES FOR THE SERVICE AND EQUIPMENT?

The T-Mobile Fiber network is a shared resource, which is managed for the benefit of all of our customers. You agree that you will not use or allow third parties to use the Services or Equipment in a way that we determine:

  • Compromises network security or capacity, degrades network performance, uses malicious software or “malware”, hinders other customers’ access to the network, or otherwise adversely impacts network service levels or legitimate data flows;
  • Uses applications or devices which are designed or are otherwise used for unattended use, automatic data feeds, autodialers or other automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality;
  • Operates servers for commercial purposes, uses applications which automatically consume unreasonable amounts of available network capacity, or otherwise uses the Service or Equipment for purposes other than the personal residential use. T-Mobile, in its sole discretion, shall have the right to determine what constitutes residential use and may require you to obtain a commercial account;
  • Misuses the Service, including "spamming" or sending abusive, unsolicited, or other mass automated communications;
  • Forges or misrepresents packet or message headers, or other data, whether in whole or in part, to mask the originator of the content, or impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity such as phishing;
  • Accesses the accounts, devices, equipment, data, or servers of others without authority, or employs password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, port scanning or Trojan Horse program;
  • Permits third parties to use your account and password or relays your connection to other homes or properties.
  • Makes the Service available to anyone outside the Premises, to resell the Services, either alone or as part of any other good or service, or to create substitute or related services through the use of or access to the Services (for example, to provide Wi-Fi services to third parties outside of the Premise).
  • Tampers with, reprograms, alters, or otherwise modifies your Equipment to circumvent any of our policies or violate any party’s intellectual property rights;
  • Uses the Services to distribute any malware, spyware or other harmful content, engage in denial of service attacks, or to attempt to harvest email addresses or personal information of others;
  • Uses the service for any fraudulent, malicious or unlawful purpose;
  • Causes harm or adversely affects us, the network, our customers, employees, business, or any other person;
  • Conflicts with applicable law;
  • Is not in accordance with or violates the Agreement; or
  • Attempts or assists or facilitates anyone else in any of the above activities.

 

HOW SHOULD I PROTECT MYSELF? 

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 determine whether and how to install and maintain anti-virus, anti-spyware and firewall protection; provide backup electrical power; connect your equipment to grounded outlets and surge protectors; use and conceal strong passwords for your T-Mobile account, Wi-Fi router, and other devices and accounts; back-up your stored data; ensure that your settings and actions limit what you share with untrusted third parties; and stay informed about other risks and safeguards related to Internet services.

 

*WHAT ELSE DO I NEED TO KNOW?

 

Here are additional terms that apply to you.

IP ADDRESSES. You acknowledge that use of the 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.

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. 

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 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.