T‑Mobile Fiber Terms & Conditions

WHO IS THIS AGREEMENT WITH?

These T&Cs are an agreement between you and us, T‑Mobile Fiber, a brand of Connect CCC LLC, affiliates and our controlled subsidiaries, assignees, and agents.

HOW DO I ACCEPT THESE T&Cs?

You accept these T&Cs by doing any of the following things:

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

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

When you accept, you're telling us that you are of legal age (which means 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 for an organization, you're telling us that you are authorized to bind that organization, and references to "you" in these T&Cs may mean the organization.

WHAT IS INCLUDED IN THESE TERMS AND CONDITIONS?

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

• T‑Mobile Fiber-optic based Internet services provided to you (“Service”);
• Any equipment we provide to you to be used with our Service, such as a modem, router, or related product or accessory (collectively, a “Device”);
• Any charges, Taxes, Surcharges, Other fees, and other amounts we bill you (“Charges”);
• Privacy information;
• Limitations of liability; and
• Resolution of disputes by arbitration and class action and jury trial waivers.

ARE THERE ANY OTHER TERMS THAT APPLY TO ME?

Yes. Your “Agreement” includes these T&Cs, the additional terms found in your service agreement, and provisions linked to from these T&Cs. Sections marked “*” continue after termination of our Agreement with you.

You should be aware that our Privacy Policy, located at www.t-mobile.com/privacy-center/our-practices/privacy-policy, and Open Internet Policy, located at www.t-mobilefiber.com/open-internet, apply to the use of our Service.

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

By accepting these T&Cs, you are agreeing to resolve any dispute with us through 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. For additional terms and conditions governing a dispute between us, including how to dispute Charges assessed to you on your bill, choice of law, disclaimers of certain warranties, limitations of liabilities, and your indemnification obligations, see “Other Terms Regarding Dispute Resolution” below.

Dispute Resolution and Arbitration. OU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR PRIVACY POLICY, OUR SERVICES OR DEVICES, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. This includes any claims against other parties relating to the Service or Device provided to you 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). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY 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 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 any and 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 to the address provided in the “How Do We Notify Each Other” Section below. You and we each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.

If we are unable to resolve your claim 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 below) 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 conflicts with our agreement in these T&Cs, in which case these 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. The arbitration of all disputes will be conducted by a single arbitrator, who shall be 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. Upon filing of the arbitration demand, we will pay or reimburse all filing, administration, and arbitrator fees. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek attorneys’ fees in arbitration even if permitted under applicable law.

Class 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. If we believe that any claim you have filed in arbitration or in court is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver. If a court or arbitrator determines in an action between you and us that any part of this Class Action Waiver is unenforceable with respect to any claim, the arbitration agreement and Class Action Waiver will not apply to that claim, but they will still apply to any and all other claims that you or we may assert in that or any other action. If you opt out of the arbitration provision as specified above, this Class 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, or representative proceeding without having complied with the opt out requirements above.

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

WHERE, HOW, AND WHEN DOES MY SERVICE WORK?

We are committed to providing a great user experience. These T&Cs describe the experience you can expect on the network. Your experience on the network may vary and change without notice depending on a variety of factors. You agree that we are not liable for problems relating to Service availability or quality.

The Service you select may not be available in all areas and the rates, speeds, or bandwidth available may vary; see your selected Service for details. The bandwidth available to each device connected to the network will vary depending upon the number, type and configuration of devices using the Service and the type of use (e.g., streaming media), among other factors. The speed of the Service may vary based on network or Internet congestion, your computer configuration, the capability of websites or other Internet services accessed by you, and the availability and capacity of Content Delivery Networks (“CDNs”), among other factors. Network changes, traffic volume, outages, technical limitations, building access issues, weather events, public safety needs, and other conditions may impact Service speeds and availability.

We may use a range of tools and techniques to manage the network, deliver excellent Service options, and help ensure compliance with these T&Cs. These tools and techniques may change without notice. T‑Mobile Fiber monitors its networks in order to address threats to the network and to subscribers. We reserve the right to intervene, taking whatever action we deem necessary, to protect the integrity of the network and, for our part, the Internet at large. This includes rights all the way up to terminating or suspending the T‑Mobile Fiber service of anyone that engages in any activity that violates these Terms of Service. Network management activities may include monitoring and detecting potential unlawful intrusions and denial of service attacks. If your system is compromised or being used for malicious traffic, we may suspend your Service or block traffic until the system is secured.

Our network management, commercial terms, and performance, including speed and latency, are described in our Open Internet Policy, located at www.t-mobilefiber.com/open-internet and incorporated here by reference. Please reference the Open Internet Policy periodically for updates applicable to your Service.

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.

WILL MY SERVICE VARY? WHAT FACTORS MAY AFFECT MY SERVICE?

Outages and interruptions in Service may occur, and speed of Service varies. Numerous factors can impact Internet speeds, including but not limited to; the type of networking equipment used, the capability of network devices, the capacity of the Internet sites accessed by You, as well as network congestion. Equipment upgrades and network maintenance can interrupt Service or impact speed. We will do our best to inform you of any such interruptions in advance.

HOW WILL YOU INSTALL, MAINTAIN, OR REMOVE MY DEVICE?

You agree that we or our contractors or authorized representatives may enter the premises where Service will be provided to install, maintain, inspect, repair, or remove the Device. You represent that you are authorized to allow entry to the premises for these purposes. You agree that we can install and affix equipment both inside and outside your premises (the “Premises”) at any reasonable location. You agree that our installers may need to drill holes in the premises to bring cables indoors. You agree and give permission that we may use any existing facilities in and around your Premises, including existing wiring.

T‑Mobile Fiber’s Equipment will at all times remain the property of T‑Mobile, its successors or assigns, and may be removed by us upon the termination of this Agreement.

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

Once you start service, You are billed an all-inclusive monthly charge. All fees, charges and taxes related to Service will be charged to You via the payment method provided by You in Your account page located at www.t-mobilefiber.com/my-account. For each month of service you will receive an electronic (paperless) bill at www.t-mobilefiber.com/my-account. You agree to pay all Charges we assess and bill you. 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. Your payments are nonrefundable and there are no refunds or credits for partial periods of Service utilization. We may in our sole discretion provide service credits. The amount and frequency of such Service credits are at the complete discretion of T‑Mobile Fiber and the provision of one allotment of Service credits does not entitle you to credits in the future for similar instances or any other circumstance.

Here is more information about how we bill for Services, taxes, and surcharges.

Taxes. You agree to pay all taxes fees and regulatory or public safety charges (collectively, “Taxes”) imposed by governments or governmental entities on you the purchaser. We may not give advance notice of changes to these Taxes. To determine Taxes, we use the street address you identified as your Place of Primary Use (“PPU”), unless the applicable laws require use of a different address in which case we utilize the best information available to us to determine the correct address. If you did not identify the correct PPU, or if you provided an address, such as a PO Box, that is not a recognized street address, does not allow us to identify the applicable governmental jurisdiction(s) levying Taxes, or does not reflect the Service area associated with your telephone number, you may be assigned a default location for these purposes. Except as may be otherwise required by law, in the event you dispute your PPU or the location we assigned you and the resulting Taxes applied on your bill, you must request a refund of the disputed Taxes or fee within 60 days of the date of our bill containing such Taxes.

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 incur to provide Service), as well as governmental-related assessments (such as Federal or State Universal Service fees, regulatory or public safety charges, environmental fees, and gross receipts taxes) imposed on us. Surcharges assessed to you will vary depending on the type of Service and the Rate Plan you have. (subject to our 14-day notice policy if changes to your Service or Rate Plan will have a material adverse effect on you). Surcharges will apply whether or not you benefit from the programs, activities, or services included in the Surcharge. When Surcharges are assessed in connection with your Service, you can find the Surcharges detailed in either the “Taxes, Fees & Surcharges”, “T‑Mobile Fiber Fees and Charges” or the “Other Charges” sections of your bill or at www.t-mobilefiber.com/my-account. Other Fees. We may charge activation, prepayment, reactivation, program, 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 MY RECURRING PAYMENT FAILS?

If Your payment is unable to be processed due to insufficient funds, expiration or any other reason. You may continue to receive service 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 service and your account will be suspended.

*WHAT IS THE TERM OF THESE T&Cs?

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 your Service term. To terminate service please log into your www.t-mobilefiber.com/my-account.

CAN T‑MOBILE FIBER CHANGE OR TERMINATE MY SERVICES OR THIS AGREEMENT?

Yes. We may change, limit, suspend or terminate your Service or this Agreement at any time, including if you engage in any of the prohibited uses described below under “What are the permitted and prohibited uses for my Device and the Service?” or no longer reside in a T‑Mobile Fiber network coverage area. Under certain limited circumstances, we may also block your Device from working on our network. If the change to your Service or Rate Plan will have a material adverse effect on you, we will provide 14 days’ notice of the change. You’ll agree to any change by using your Service after the effective date of the change.

*YOUR CONSENT TO BE CONTACTED

You expressly consent to be contacted by T‑Mobile Fiber, our affiliates or our agents for any purpose, including billing and collection, at any mailing address, telephone number, email address, or any other electronic address where you may be reached. You agree that T‑Mobile Fiber, our affiliates, or our agents may contact you in any manner, including pre-recorded/artificial voice or an automatic telephone dialing system. You agree to notify us promptly if you can no longer be reached at a contact number you provided us. You represent that you have received the consent of any Authorized Users and other users on your account to be contacted by us as described in this Section. If you are You agree that all consents provided in this Section will survive cancellation of your Service and account.

HOW DO WE NOTIFY EACH OTHER?

You may contact us at support@t-mobilefiber.com. T‑Mobile Fiber may deliver notices to you by mail, phone, or electronic means using your account information in our records. Electronic notices are considered delivered when sent. Mail notices are considered delivered 3 days after mailing.

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

*WHAT ARE THE PERMITTED AND PROHIBITED USES FOR MY DEVICE AND THE SERVICE?

Our network is a shared resource, which we manage for the benefit of all of our customers. Certain activities and uses of our Services and your Device are permitted and others are not. Here are examples of permitted and prohibited uses.

Permitted uses include:

• Web browsing;
• Messaging;
• Email;
• Streaming music;
• Streaming video content; and
• Uploading and downloading applications and content to and from the Internet or third-party stores.

You are not permitted to use your Device or the Service 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 which are designed for unattended use, automatic data feeds, 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 Device for purposes other than the personal residential use;
• 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.
• Accesses the accounts of others without authority;
• Permits third parties to use your Service account and password or relays your connection to other homes or premises.
• Makes the Service available to anyone outside the property to which the Service is delivered, to resell the Service, 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 Service (for example, to provide Wi-Fi services to third parties outside of your residence).
• Tampers with, reprograms, alters, or otherwise modifies your Device to circumvent any of our policies or violate anyone’s intellectual property rights;
• 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 these T&Cs; or
• Attempts or assists or facilitates anyone else in any of the above activities.

OTHER TERMS REGARDING DISPUTE RESOLUTION

*How Can I Dispute My Charges?

If you have any questions about your bill or want to dispute any Charges, please contact us by emailing support@t-mobilefiber.com. If this does not fix things, 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 disputed bill or Charge, you agree that the issue is fully and finally resolved, and T‑Mobile Fiber shall be released from any and all liability regarding said dispute. Unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved.

*Choice Of Law

This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state or jurisdiction in which your billing 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.; or Puerto Rico.

*Disclaimer Of Warranties. Except for any written warranty that may be provided with a T‑Mobile Fiber Device you purchase from us, and to the extent permitted by law, the Services and Devices 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 Service or your Device. While T‑Mobile Fiber strives to protect customer accounts, T‑Mobile Fiber does not guarantee security. For more information, please review our Privacy Policy. You understand that Internet congestion and outages, as well as maintenance, downtime, and other interruptions may interfere with your ability to access the Service from time to time. We can’t and don’t promise uninterrupted or error-free Service 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.

*Limitation of Liability. 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 will seek any indirect, special, consequential, treble, or punitive damages from the other. These disallowed damages include, but are not limited to, damages arising out of unauthorized access or changes to your Account, Service, or Device, or the use of your Account, Service, or Device by you or by others to authenticate, access, use or make changes to third party accounts, including financial, cryptocurrency, or social media accounts. This limitation and waiver also applies 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 by any criminal activity by someone unrelated to T‑Mobile Fiber. To the extent permitted by law, you and we each also agree that all claims must be brought within 2 years of the date the claim arises.

*Indemnification. You agree to defend, indemnify, and hold us and our directors, officers, and employees harmless from any claims arising out of use of the Services or Devices, 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 or your Device.

*WHAT ELSE DO I NEED TO KNOW?

Here are additional terms that apply to you.

If we don't enforce our rights under this Agreement in one instance, that doesn't mean we won't or can't enforce those rights in any other instance. If any part of the Agreement is held invalid that part may be severed from the Agreement.

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 this Agreement or your debt will not change or relieve your obligations under this Agreement.

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

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.

T‑Mobile Fiber will respond in a quick and efficient manner to process and investigate all notices of alleged infringement and will take appropriate actions in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws. Upon receipt of notices complying with the DMCA, we will make reasonable efforts to notify subscribers of alleged copyright violations, and when under our control, we will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringement and will remove or disable access to any reference or linkage to the material or activity claimed to be infringing. We will terminate the services of Subscribers whom are repeat infringers. Should you believe that copyrighted work has been illegally copied and is accessible via our services in a way that constitutes copyright infringement, you may notify us by providing us with the information required by Section 512(c)(3) of the DMCA (17 USCA 512). Notices of claimed infringement should be sent to: Legal Department, T‑Mobile Fiber, 325 Hudson Street, Floor 10, New York NY 10013 or via email to: support@t-mobilefiber.com.