1. Agreement and Changes to Service
These Terms of Service (the “Agreement”) govern fixed-location Internet service and related services provided by B2BHD.TV LLC d/b/a Finally Fiber. For purposes of this Agreement, “Finally Fiber,” “we,” “us,” and “our” refer to B2BHD.TV LLC doing business as Finally Fiber, the provider of the Service. “You” and “your” refer to the customer responsible for the account and any person you authorize to use the Service.
Your service order, service summary, rate, selected plan, installation terms, and the Finally Fiber Acceptable Use Policy are incorporated into this Agreement.
We may change rates, fees, service features, policies, or other terms from time to time. When a change materially affects your Service, we will make reasonable efforts to provide notice by email, account notice, website posting, mail, or another reasonable method. Continued use of the Service after the effective date of a change constitutes acceptance of the updated terms.
2. Internet Service
Service description
Finally Fiber provides broadband Internet access at select fixed locations. The Service allows customers to send and receive data to Internet destinations that may be connected through networks operated by Finally Fiber, upstream carriers, content providers, cloud providers, and other third parties.
IP addressing
Depending on the property, service plan, and network design, Finally Fiber may provide a dynamic IP address, a static IP address, multiple static IP addresses, or privately managed addressing. Static IP service is not available at every property or on every plan. Customers must use only IP addressing and network settings authorized by Finally Fiber.
Interconnection and third-party networks
The Internet is made up of many independent networks. Finally Fiber does not control every network, website, application, content provider, or server that a customer may access. Performance or availability beyond the Finally Fiber network may be affected by third-party networks, routing, congestion, peering, content-delivery networks, security systems, or other conditions outside our control.
Shared network resources
Network links and other resources may be shared among customers. Finally Fiber may use reasonable network-management practices to protect reliability, security, and service quality for all customers.
3. Speeds, Performance, and Network Technology
Expected speeds
Service plans are described using expected or nominal speed tiers. Actual performance can vary based on network conditions, Wi-Fi, customer equipment, inside wiring, device capabilities, Internet congestion, the performance of third-party networks and servers, and other factors.
Where a Finally Fiber plan is marketed as symmetrical, its nominal upload and download speed tier is the same. This does not guarantee that every device, application, speed test, or Internet destination will achieve the full nominal rate at every moment.
Wi-Fi and customer devices
Wi-Fi performance is different from the wired Internet connection. Wireless speed and coverage may vary based on router placement, interference, building materials, the number and capability of devices, and the Wi-Fi technology supported by the customer’s equipment. Third-party speed tests may therefore produce results that differ from a plan’s expected wired connection speed.
Technology changes
Finally Fiber may change the equipment, transmission method, upstream provider, routing, or other technology used to deliver the Service when reasonably necessary. If a planned change is expected to cause a significant service interruption, we will make reasonable efforts to provide advance notice when practical.
Data usage
Finally Fiber does not currently impose monthly data caps on its standard Internet plans. We reserve the right to use reasonable, application-neutral network-management and security measures when necessary to protect the network, address abuse, respond to congestion, comply with law, or maintain service quality.
4. Availability and Property Access
Finally Fiber service is available only at select properties and may not be available at every unit or at every speed tier. Availability can depend on building wiring, network capacity, equipment, property access, and agreements or permissions involving a condominium association, homeowner association, owner, landlord, or property manager.
If Finally Fiber loses access to facilities or property rights required to provide the Service, we may suspend or terminate the affected Service. We will make reasonable efforts to provide advance notice when circumstances permit.
5. Inside Wiring, Home Networking, and Wi-Fi
Inside wiring
The customer is responsible for suitable inside wiring between the Finally Fiber network termination point and customer equipment unless Finally Fiber expressly agrees to provide installation work. When additional wiring is required, the customer is responsible for obtaining any necessary owner, landlord, association, or property-management permission.
Inside wiring can affect speed, reliability, and latency. Unless otherwise agreed in writing, Finally Fiber does not warrant customer-owned or building-owned inside wiring and is not responsible for maintaining or replacing it after installation.
Home network security
Customers are responsible for securing their home or local network, including passwords, Wi-Fi security, connected devices, and equipment not provided or managed by Finally Fiber. Customers should keep devices updated and use appropriate security controls.
6. Customer Account and Registration Information
The account holder must be at least 18 years old. Information supplied to Finally Fiber—including the customer’s name, service address, unit number, contact information, and payment information—must be accurate and kept current.
The account holder is responsible for use of the Service by household members, guests, employees, or other authorized users.
7. Cancellation, Suspension, and Termination
Customer cancellation
Unless otherwise stated in a specific service agreement, residential Service is provided month-to-month. If you cancel before the end of a billing cycle, cancellation is effective at the end of that billing cycle for billing purposes and unused portions of the cycle are not prorated or refunded unless required by law or expressly agreed otherwise.
Suspension or termination by Finally Fiber
Finally Fiber may suspend or terminate Service for nonpayment, materially false account information, violation of this Agreement or the Acceptable Use Policy, unlawful activity, network abuse, threats or harassment directed at Finally Fiber personnel or contractors, or loss of access necessary to provide the Service.
Restoration
To restore Service after a suspension, the customer may be required to pay all past-due amounts and any applicable restoration charge. Any restoration charge will not exceed $50 per incident unless a different amount is disclosed in advance and permitted by law.
8. Payment and Billing
You agree to pay the monthly service charge and any disclosed installation, activation, equipment, restoration, late-payment, tax, surcharge, or other applicable charges associated with your Service.
If you provide a credit card, debit card, or electronic-payment method, you authorize Finally Fiber and its payment processor to charge amounts due under your account in accordance with your selected billing arrangement.
A late-payment charge of no more than $12 per bill may be assessed when a bill is not paid by its due date, subject to applicable law and the terms disclosed for your account.
9. Equipment, Installation, and Access
Except for equipment provided or managed by Finally Fiber, customers are responsible for obtaining and maintaining equipment needed to use the Service. Finally Fiber is not responsible for the maintenance, compatibility, or performance of customer-owned equipment.
Finally Fiber may remotely manage equipment that it provides or manages for the Service. Equipment may be repaired, replaced, reconfigured, or updated when reasonably necessary. Customers may be charged for repair or replacement when damage results from misuse, negligence, unauthorized modification, or causes not attributable to Finally Fiber.
You must provide reasonable access to the premises when access is required to install, maintain, troubleshoot, or repair the Service. If you do not own the premises, you represent that you have obtained any required permissions for the work being performed.
10. Third-Party Content and Services
Your use of third-party websites, applications, streaming services, cloud services, content, devices, and networks is at your own risk and is subject to the terms of those third parties. Finally Fiber does not control or warrant the availability, security, accuracy, or performance of third-party content or services.
11. Acceptable Use and Network Protection
Your use of the Service is subject to the Finally Fiber Acceptable Use Policy. You may not use the Service for unlawful activity, infringement, spam, unauthorized access, security attacks, redistribution or resale not expressly authorized by Finally Fiber, or activity that materially harms, degrades, or interferes with the network or other customers.
Finally Fiber may use reasonable measures to protect the network and may suspend or terminate Service when necessary to address violations, security risks, legal obligations, or material network harm.
12. Customer Data and Content
You are responsible for backing up and protecting data on your devices and systems. Finally Fiber is not responsible for loss of customer data stored on customer devices, third-party services, or systems outside Finally Fiber’s control.
You retain ownership of content you create, store, send, receive, upload, or download. Finally Fiber does not claim ownership of customer content. Finally Fiber may process, preserve, or disclose information only as reasonably necessary to provide and secure the Service, operate and troubleshoot the network, enforce applicable agreements, comply with lawful process, or protect the rights and safety of Finally Fiber, customers, and others.
13. Software and Equipment Updates
Finally Fiber or an applicable equipment/software provider may install updates, security patches, configuration changes, or feature changes on equipment that Finally Fiber provides or manages when reasonably necessary to operate, secure, or support the Service.
14. Operational Limits and Force Majeure
Temporary service interruptions may occur as part of operating and maintaining an Internet network. Finally Fiber is not responsible for failures or delays caused by events beyond its reasonable control, including upstream carrier failures, fiber or cable cuts, utility failures, severe weather, fire, flood, vandalism, terrorism, civil disorder, labor disputes, supplier failures, governmental action, or failures of customer-owned equipment.
15. Customer Support
Finally Fiber provides basic support for the Internet Service covered by this Agreement. Support may include checking the Finally Fiber network, managed equipment, service status, and reasonable troubleshooting steps. Unless specifically included in a service plan, Finally Fiber is not responsible for repairing or supporting every customer-owned device, application, television, computer, smart-home product, or third-party service connected to the Internet.
16. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ANY FINALLY FIBER-PROVIDED SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FINALLY FIBER DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.
Finally Fiber does not warrant that the Service will be uninterrupted, error-free, available at every speed at every moment, compatible with every device or application, or free from conditions caused by third-party networks, customer equipment, malware, or other factors outside Finally Fiber’s reasonable control.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINALLY FIBER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF USE, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO THE SERVICE, CUSTOMER EQUIPMENT, THIRD-PARTY SERVICES, OR INABILITY TO USE THE SERVICE.
Some jurisdictions do not allow certain warranty exclusions or limitations of liability, so some limitations may not apply to you.
18. Indemnity
To the extent permitted by law, you agree to defend, indemnify, and hold Finally Fiber and its owners, agents, contractors, and service providers harmless from third-party claims arising from your unlawful use of the Service, your violation of this Agreement or the Acceptable Use Policy, or your infringement of another party’s rights.
19. Account and Service Communications
You authorize Finally Fiber and service providers acting on its behalf to contact you using contact information associated with your account for legitimate service and account purposes, including billing, installation, maintenance, support, outage, security, and service-status communications. Communications may be made by email, telephone, text message, or other electronic means as permitted by applicable law.
You are responsible for keeping your contact information current.
20. General Terms
This Agreement, the Acceptable Use Policy, your service order or service summary, and any additional terms expressly provided for a particular service form the agreement governing your Service and supersede prior agreements concerning the same subject matter.
If any provision is held invalid or unenforceable, the remaining provisions remain in effect. Failure by Finally Fiber to enforce a provision does not waive that provision. Finally Fiber may assign its rights or obligations under this Agreement. You may not assign your Service without Finally Fiber’s prior written consent.
Section headings are for convenience and do not alter the meaning of the Agreement.