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Legal Policies

Important Mercury Fiber Information

Customer Service Agreement

The Service
The Service consists of Internet access service as further described in this Agreement (the “Service—). The Service is available in various locations in the contiguous U.S. and its usage is subject to Mercury’s Acceptable Use Policies. To receive service, a Mercury-authorized installer must install the Mercury customer premises equipment at your location.

Minimum System Requirements
Each device receiving the Service must meet certain minimum requirements. As a general rule, any device capable of supporting standard IP protocols should be able to receive the service. Ensuring devices will be capable of receiving the service will be the sole responsibility of the customer.

Service Commitment
If you terminate service prior to the expiration of the Service Term Commitment, you will owe (and your credit card, debit card, or bank account may be charged) the Early Termination Fee of $200.00.

Term and Renewal
The term of this Agreement commences on the date your Service is activated and continues for the duration of the Service Term Commitment unless terminated earlier by you or Mercury Broadband in accordance with this Agreement. After the Service Term Commitment expires, the term of this Agreement will automatically renew on a month-to-month basis until terminated by you or Mercury Broadband in accordance with this Agreement.

Responsibilities and Supervision
Account Setup Installation services for the Equipment will be provided by a Mercury Authorized Installer and for verifying and maintaining the account, options, settings and other parameters under which the Service is used, including (without limitation) all related passwords and user identification information.

Multiple uses of Account
The service plan you ordered does not limit the number of computers at your location that may receive services under a single billing account. However, your “location— does not include adjacent apartments, residences, offices or any type of space not associated with your home or place of business. Any use of the Service other than as specified above constitutes an unlawful and unauthorized use of the Service and a material breach of this Agreement, regardless of whether you receive any compensation for such use, and may result in the immediate termination of the Services and the imposition of the Early Termination Fee, without prejudice to any rights and remedies available to Mercury under this Agreement, at law and at equity.

Installation of Equipment
You represent that there are no legal, contractual or similar restrictions on the installation of the Mercury Equipment in the location you have authorized. It is your responsibility to ensure compliance with all applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions, and restrictions related to services provided under this Agreement, to pay any fees or other charges, and obtain any permits or authorizations necessary for services provided under this agreement (collectively “Legal Requirements—). You are solely responsible for any fines or similar charges for service in violation of any applicable Legal Requirements. You acknowledge and agree that Mercury or our designated service installer will be required to access your premises or system and to install and maintain the Equipment, including the antenna and its components, necessary for you to receive the Service inside and outside your location. By signing this Agreement, scheduling a service or installation visit, and permitting us or our service provider to enter your premises, you are authorizing Mercury, the authorized Mercury vendor, or our service provider to perform all of the above actions. NEITHER MERCURY NOR OUR VENDORS OR SERVICE PROVIDERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM INSTALLATION, REPAIR OR OTHER SERVICES, INCLUDING WITHOUT LIMITATION,DAMAGE TO YOUR PREMISES, LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER(S). You are responsible for backing up the data on your computers and we highly recommend that you do so prior to permitting access to us or one of our designated service providers. This limitation does not apply to any damages arising from the gross negligence or willful misconduct of any installation or maintenance service provider. Timeframes for installation, if any, are not guaranteed and may vary depending on the types of services requested and other factors.

Subscriber Responsibility
You agree that you are responsible for all access to and use of the Service through your account or password(s) and for any fees incurred for Service, or for software or other merchandise purchased through the Service, or any other expenses incurred in accordance with the terms of this Agreement. You ratify and confirm any obligations a household member, employee, or any other individual with access to your account incurs or assumes. You acknowledge that (subject to any exceptions granted by us) a monthly fee payable in advance will apply for each and every month (or portion of a month) that you are a subscriber, beginning with the date your Service is activated. Your account will continue until you cancel the account in accordance with the method specified by us (unless otherwise terminated in accordance with this Agreement). The monthly subscription fee shall cease to apply for any months after the billing month in which you cancel or terminate your account in accordance with these terms and conditions.

Billing and Charges
You agree to pay, in accordance with the provisions of the billing option you selected, any registration, activation or monthly fees, ISP service charges, minimum charges and other amounts charged to or incurred by you, or by users of your account, at the rates in effect at the start of the billing period in which those amounts are charged or incurred. You agree to pay all applicable taxes related to your use of the Service, provision of services, software or hardware or the use of the Service by users of your account. Information on charges and surcharges (if any) that are to be paid to us and are incurred by you or by users of your account will be made available to you on the Mercury website, and you agree that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to us. You understand and agree that you will not receive a paper invoice in the mail for your Service. An electronic statement will be provided to you upon request. Additional terms relating to pricing, billing and payment which are an integral part of this Agreement are set forth on the Mercury Broadband Firm Order Commitment and are incorporated into this Agreement. Mercury reserves the right to correct and charge underbilled amounts for a period of 90 days after the incorrect statement was issued. Payment of the outstanding balance is due in full each month.

Late Payment
If we do not receive your payment before the next invoice is issued, you may be charged a late fee on the delinquent balance at the greater of 1.5%/month or $5.00/month as permitted by applicable law. If we do not receive payment from you before your next statement is issued, we have the right to suspend your Service or terminate this Agreement without notice. Termination of the Agreement by us due to your default or nonpayment will result in a Termination Fee owed by you.

Payment Authorization
Except where additional methods of payment are specifically required or permitted under applicable law or regulation or as otherwise agreed to by Mercury from time to time, you agree that Mercury can charge your credit card or debit card (“Card Payment—), or initiate an electronic funds transfer out of your bank account (“EFT Payment—) for payment of all Service fees, the Termination Fee or any other amounts payable under this Agreement. Additionally, you agree that Mercury will bill your monthly Service fee in advance, and automatically be collected through either a Card Payment or EFT Payment. With respect to such charges the following authorization applies: You agree that the charges described above will be billed to the credit or debit card provided by you when you applied for the Service until such time as you may authorize recurring EFT Payments. You must provide current, complete, and accurate information for your billing account, and promptly update any changes (such as a change in billing address, credit card number, credit card expiration date, bank account number). Changes to such information can be made by calling Mercury Broadband or updating them on the Mercury website. If you fail to provide us with any of the foregoing information, you agree that Mercury may continue charging you for any service provided under your account. You agree that Mercury will not be responsible for any expenses that you may incur resulting from overdrawing your bank account.

Disputes and Partial Payments
If you think a charge is incorrect or you need more information on any charges applied to your account, you should contact our billing department. You must contact us within 45 days of receiving the invoice on which the error or problem appeared. Mercury will not pay you interest on any overcharged amounts later refunded or credited to you. We may, but are not required to, accept partial payments from you. If partial payments are made, they will be applied to amounts owed by you starting with the oldest outstanding statement. If you send us checks or money orders marked “payment in full— or otherwise labeled with a similar restrictive endorsement, we can, but are not required to, accept them, without losing any of our rights to collect all amounts owed by you under this Agreement. If we choose to use any collection agency or attorney to collect money that you owe us or to assert any other right that we may have against you, you agree to pay the reasonable costs of collection or other action including, but not limited to, the costs of a collection agency, reasonable attorney’s fees, and court costs.

Reactivation
If your Service is suspended or terminated, including for failure to submit payment on time or for any other reason, in addition to payment of past due amounts, we may require a deposit before reactivating your Service. The amount of the deposit will not exceed one year of monthly fees. Amounts deposited by you will appear on your statement as a credit, and service charges and other fees will be invoiced as described above. If you fail to pay any amount on a subsequent bill, the unpaid amount will be deducted each billing cycle from the credit amount. Credit amounts shall not earn or accrue interest. If your Service is suspended or terminated for any reason, including at your request or because of your failure to pay past due amounts, and you want to reactivate the Service, you agree to pay a reactivation fee in accordance with our then current rates. In addition you must bring your account up to date through the month of reactivation by making payment in full of any outstanding balance, fees and other applicable charges.

Modifications, Rights of Cancellation or Suspension

Modification of this Agreement
Upon notice published over the Service, we may at any time (and from time to time) modify this Agreement, including, without limitation, our pricing and billing terms. We may, but are not required to, notify you by email, online via one or more of the websites within the Service or other electronic notice. If you do not agree to such changes or additions, then you must terminate this Agreement in accordance with Section 5.3 and stop using the Service prior to the effective date of such modifications. Your continued use of the Service after the effective date of such modifications constitutes your acceptance of such modifications.

Modification of the Service
We may discontinue, add to or revise any or all aspects of the Service in our sole discretion and without notice, including access to support services, publications and any other products or services ancillary to the Service. In particular, we reserve the right at our sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, communication or other content provided to you by Mercury or its vendors in connection with the Service. If we undertake any of these changes, we may, but are not required to, notify you by email, online via one or more of the websites within the Service or other electronic notice. If you do not agree to such changes, then you must cancel your subscription and stop using the Service prior to the effective date of such changes. Your use of the Service after the effective date of such changes or additions constitutes your acceptance of such changes. In addition, we may take any action consistent with our Acceptable Use Policy, including actions to (a) prevent bulk emailing from entering or leaving any email account or the network email system, (b) delete email messages if your email account has not been accessed by you within a time established by us from time to time, in our sole discretion, (c) instruct our system not to process e-mail or instant messages due to space limitations, (d) make available to third parties information relating to Mercury Broadband or its subscribers, subject to our Online Privacy Policy, (e) withdraw, change, suspend or discontinue any functionality or feature of the Service, (f) delete attachments to email due to potentially harmful materials included within such attachment, and (g) limit access to the Service to prevent abusive consumption and ensure fair access for all subscribers.

Termination by Subscriber
Subject to your payment of the Termination Fee and the fee for Services for the full billing cycle in which termination occurred, you may immediately terminate this Agreement and discontinue the Service at any time upon written or telephone notice to us. You must terminate this Agreement in accordance with its terms; failure to do so may delay or prevent us from knowing that termination was intended. You will continue to be liable under this Agreement for all fees and charges until such time as the Agreement has been properly terminated or we have acknowledged such termination in writing or by e-mail.

Termination or Suspension by Mercury Broadband
We may immediately terminate your Service and this Agreement if you or a user of your account breaches this Agreement. We reserve the right in our sole discretion to terminate your account and this Agreement at any time or to suspend (with or without notice) or terminate access to or use of the Service, in whole or in part.

Post-Termination or Suspension Obligations
Notwithstanding any cancellation or termination of this Agreement or any of your accounts, nor any suspension or termination of access to or use of the Service, you will remain responsible for all payment and other obligations under this Agreement, including the obligation to pay all charges that may be due as a result of or in connection with such cancellation, termination or suspension. Your payment and other obligations under this Agreement are not suspended or affected by a suspension of access to or use of the Service, in whole or in part, due to a violation (actual, threatened, or alleged) of this Agreement or of any law or legal obligation by you or any user of your account.

Acceptable Use and Restrictions on Use

Restrictions on Use of the Service
Mercury Broadband reserves the right to terminate immediately the Service and this Agreement if you or any user under your account knowingly or otherwise engages in any prohibited activity or if you use the Equipment or Service in a way which is contrary to any Mercury Broadband policy. You must strictly adhere to any policy set forth by another service provider accessed through the Service. You agree to comply with Mercury Broadband’s Acceptable Use Policy which is incorporated into and made a part of this Agreement. You do not own, nor have any rights other than those expressly granted to you, to a particular IP address, even if you have ordered a static IP address. Mercury reserves the right to change, modify, or remove an address, or block of addresses granted to you without notice.

Prohibition on Resale
The Service is for your residential or commercial use only and you agree not to use the Service for operation as an Internet service provider or for any business enterprise or purpose, or as an end-point on a wide area network.

No Unauthorized Use of Equipment or Software
You are strictly prohibited from servicing, altering, modifying, or tampering with the Equipment, Software or Service or permitting any other person to do the same who is not authorized by Mercury Broadband.

Security
You agree to take reasonable measures to protect the security of your computer(s), including maintaining at your cost an up-to-date version of anti-virus and firewall software to protect your computer(s) from malicious code, programs, or other internal components (such as a computer virus, computer worm, computer time bomb, or similar component). You expressly agree that if your computer(s) becomes infected and causes any of the prohibited activities listed in the Acceptable Use Policy, Mercury Broadband may immediately suspend your Service until such time as your computer(s) is sufficiently protected to prevent further prohibited activities. You will be fully liable for all monthly fees and other charges under this Agreement during any period of suspension. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device.

Responsibility of Subscriber
You are responsible for any misuse of the Service committed through your account or utilizing your Equipment. You must take steps to ensure that unauthorized access to the Service does not occur. You may not assign or transfer your Service without our written consent. If you do, we may inactivate your Service. If the Equipment belonging to Mercury Broadband is stolen or otherwise removed from your premises without your authorization you must notify Mercury Broadband Customer Support immediately, or else you will be liable for payment for unauthorized use of the Service and Equipment.

Compliance with Laws
You agree to comply with all applicable laws, rules and regulations in connection with the Service, your use of the Service and this Agreement.

Use and Control of Information; Member Communication; Ads
We may, without obligation, liability or notice, except to the extent prohibited by applicable law, distribute, loan, sell or otherwise share with other persons or entities user lists (subscriber account information that does not identify you by name, address or similar personally-identifiable information) as well as aggregate information. Aggregate information includes information constituting of descriptive or demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which do not rely on providing to recipients the identity of any particular user of the Service. This shall not be construed to limit our use of other information not addressed in this Section. We will be free, in our reasonable good faith discretion and without notice, to provide subscriber and user information and records to (i) the courts, (ii) law enforcement agencies, (iii) government agencies, or (iv) authorized persons or entities involved in enforcing compliance with the law or prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person or entity. In addition, we may maintain and use internally such information and records. Information generated by or in connection with our administration of the Service shall be and remain our exclusive property. We may also from time to time provide online, fax, telephone, email, mail and other communications to our Subscribers and users on matters pertaining to the Service, its features, its sponsors or its use without compensation to them or reimbursement of costs for doing so, but shall do so reasonably and in good faith. You acknowledge that communications with us, our representatives and our contractors may be monitored or reviewed for quality control and other reasonable business purposes. You also acknowledge that advertising and promotion may occur on the Service and also that neither you nor any user shall have any claim with respect to any proceeds from such activities.

Equipment
The equipment, installed by Mercury shall remain the property of Mercury Broadband. Should the equipment be stolen from your premises, you agree to reimburse Mercury Broadband an amount equivalent to the current replacement cost of such equipment. If you discontinue the service or your service is canceled, you agree to schedule a service call for collection of the Mercury Broadband Equipment. If you fail to schedule a service call or return the Equipment, you agree to reimburse Mercury Broadband an amount equivalent to the current replacement cost of the Equipment.

Warranties and Limitations of Liability

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER MERCURY BROADBAND NOR ANY OF OUR WHOLESALERS, DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, SERVICE PROVIDERS OR THIRD-PARTY CONTENT PROVIDERS (COLLECTIVELY, “MERCURY BROADBAND’ PARTNERS—) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO MERCURY BROADBAND NOR ANY OF MERCURY BROADBAND’ PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE IS DISTRIBUTED ON AN “AS IS— AND “AS AVAILABLE— BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED. MERCURY BROADBAND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MERCURY BROADBAND OR ANY OF MERCURY BROADBAND’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE MERCURY BROADBAND PROVIDES SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE INTERNET, WE CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. WE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES,OR DATA RESULTING FROM, OR FROM ANY ATTEMPT TO REMOVE, ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MERCURY BROADBAND NOR ANY OF MERCURY BROADBAND’S PARTNERS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IF FOR ANY REASON, BY OPERATION OF LAW OR OTHERWISE, ANY PORTION OF THE FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT MERCURY BROADBAND’ MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY AND THE LIABILITY OF MERCURY BROADBAND’ PARTNERS SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO MERCURY BROADBAND BY YOU FOR SERVICE DURING AND FOR A PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH ERROR, DEFECT OR FAILURE AND CEASING UPON THE DISCOVERY OF SUCH, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD OF TIME EXCEED THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.

Applicability and Exceptions
The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) and even if Mercury Broadband or others were advised or aware of the possibility or likelihood of such damages or liability. The foregoing shall not apply in states where such exclusions are prohibited.

Service Interruptions
Service may be interrupted from time to time for a variety of reasons. We are not responsible for any interruptions of Service that occur due to acts of God (including weather), power failure or any other cause beyond our reasonable control. However, because we value our subscribers, for an interruption of a significant length of time that is within our reasonable control, upon your request we may provide what we reasonably determine to be a fair and equitable adjustment to your account to make up for the Service interruption. THIS WILL BE YOUR SOLE REMEDY AND OUR SOLE DUTY IN SUCH CASES. You acknowledge and agree that the Service is not intended to be, and should not be used as, your “life-line— telecommunications service.

Indemnity
You agree to indemnify, defend and hold us harmless against all claims, liability, damages, costs and expenses, including but not limited to reasonable attorney fees, arising out of or related to any and all use of your account. This includes, without limitation, responsibility for all consequences of your (or that of any user of your account) violation of this Agreement or placement on or over, or retrieval from or through, the Service of any software, file, information, communication or other content and all costs incurred by us in enforcing this Agreement against you.

Third Party Beneficiaries
The provisions of this Section 10 are for the benefit of us, and our respective contractors, information or content providers, service providers, licensors, employees and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf. Other than as expressly stated in this Agreement, this Agreement shall not be deemed to create any rights in third parties.

General

Limits on Transfers
Unless otherwise agreed in writing, your right to use the Service, or to designate other users of your account, is not transferable and is subject to any limits established by us.

Applicable Law
This Agreement and all of the parties respective rights and duties, including, without limitation, claims for violation of state consumer protection laws, unfair competition laws, and any claims in tort shall be governed by the laws of the state in which you receive the Services and applicable federal law. Any such controversy or claim shall be settled exclusively by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator will be an expert in the field of Internet services or other appropriate subject matter of the dispute. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. There shall be no class action arbitration pursuant to this Agreement. Any cause of action brought by you, or by users of your account, with respect to the Service or this Agreement must be instituted within one year after the claim or cause of action has arisen or be barred. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and it is acknowledged that this is a services contract and not a contract for the sale of goods.

Notices, Disclosures and Other Communications
Where notification by Mercury Broadband is contemplated by or related to this Agreement, notice may be made by any reasonable means, including, but not limited to, e-mail or publication over the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial and administrative proceedings relating to or based upon this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You must promptly notify us of any change in your e-mail or postal address in writing or electronically at support@mercurybroadband.com.

“Force Majeure—
Neither party will be liable to the other party for any failure of, or delay in, its performance hereunder due to causes beyond its reasonable control, including without limitation, acts of God; catastrophic phenomena such as fire, flood, drought, earthquake, or other natural calamity; acts of government, war, civil commotion, insurrection, riot or revolution, strike, work stoppage or slowdown, lockout or other labor dispute; lack or shortage of, or inability to obtain, any labor, machinery, materials, fuel, supplies or equipment from normal sources of supply; weather, sun spots, or other electronic, electro-magnetic, atmospheric or other condition affecting transmission; damage or destruction to plant and/or equipment; transmission failures; or any other accident, condition, cause, contingency or circumstances within or without the United States beyond a party’s reasonable control (collectively and individually, “Force Majeure—).

Construction and Delegation
Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. We may authorize or allow our contractors and other third parties to provide services necessary or related to making the Service available and to perform obligations and exercise our rights under this Agreement, and we may collect payment on their behalf, if applicable. The provisions of any Sections of this Agreement, which by their nature should continue, shall survive any termination of this Agreement.

Miscellaneous
If any term of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be construed in such a way as to eliminate the offending aspects while still giving as much effect as possible to the intentions of such term. If this cannot be done and the entire term is invalid, illegal or unenforceable and cannot be so repaired, then the term shall be considered to be stricken from this Agreement as if it had not been included from the beginning. In any such case, the balance of this Agreement shall remain in effect in accordance with its remaining terms notwithstanding such invalid, illegal or unenforceable term. We may enforce or decline to enforce any or all of the terms of this Agreement in our sole discretion. In no event shall we be required to explain, comment on, suffer liability for or forfeit any right or discretion based on its enforcement, non-enforcement or consistency of enforcement of these terms. Captions used in this document are for convenience only and shall not be considered a part of this Agreement or be used to construe its terms or meaning.

Assignment of Account
We may sell, assign, pledge or transfer your account or an interest in your account to a third party without notice to you. In the absence of a notice of such sale or transfer, you must continue to make all required payments to us in accordance with your statement.

Entire Agreement
This Agreement, as well as the additional online documents specifically incorporated as a part of this Agreement, constitutes the entire and only agreement with respect to its subject matter between you and us, applicable also to all users of your account. This Agreement supersedes all representations, proposals, inducements, assurances, promises, agreements and other communications with respect to its subject matter except as expressly set forth in this document.

Digital Millennium Copyright Act Policy

General Policy. Mercury Broadband subscribers and account holders may not upload, post, route, transmit, link or otherwise make available on or via the Mercury Broadband service any copyrighted material in a manner that infringes upon a copyright holder’s rights under US copyright law.
DMCA Notices and Counter-Notices. The Digital Millennium Copyright Act of 1998 (“DMCA—) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Specifically, if you believe in good faith that material infringing your rights resides on Mercury Broadband services at the direction of any Mercury Broadband customer, or that such infringing material is at an online location that is referred to or linked to via an information location tool (such as a directory, index, reference, pointer or hypertext) made available as part of Mercury Broadband’s Internet services, you (or your agent) may send to Mercury Broadband’s Designated Copyright Agent a notice, which must comply with the DMCA notice requirements (see Title 17, United States Code, Section 512(c)(3)), requesting that Mercury Broadband remove or disable access to the material that is claimed to be infringing your copyright.
If as a Mercury Broadband customer you believe in good faith that someone has wrongly submitted to Mercury Broadband a notice of copyright infringement against you, the DMCA permits you to send a counter-notice to Mercury Broadband’s Designated Copyright Agent which must meet the following requirements:
A physical or electronic signature of the Mercury Broadband customer.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the Mercury Broadband customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the subscriber will accept service of process from the person who provided Notification or an agent of such person.
Upon receipt of a counter-notice containing the information in subparagraphs 1 through 4 above, Mercury Broadband will:
- Provide the complaining party with a copy of the counter-notice; and
- Re-enable access to or replace the removed material not less than ten (10) days, nor more than fourteen (14) days, after receipt of the counter-notice, provided however, that Mercury Broadband will not restore access to or replace the removed material if Mercury Broadband first determines that its Designated Copyright Agent has received notice from the complaining party that a legal action has been commenced against the alleged infringing party to enjoin the alleged infringing party from engaging in infringing activity relating to the material on Mercury Broadband’s system.
  Designated Copyright Agent. All Notices and counter-notices should be sent to Mercury Broadband’s Designated Copyright Agent:

Mercury Broadband Designated Copyright Agent 3400 SW Van Buren Topeka, Kansas 66611

Repeat Infringer Policy. In accordance with the DCMA, Mercury Broadband will terminate, in appropriate circumstances, the internet service of any customer who is a repeat infringer. If you believe that a Mercury Broadband customer has engaged in repeated infringement of your copyrighted materials in connection with Mercury Broadband’s service, please provide Mercury Broadband’s designated copyright agent with information sufficient to show that the Mercury Broadband customer is a copyright infringer and that appropriate circumstances exist for Mercury Broadband to terminate such customer’s account. Mercury Broadband requests that you provide us with the method used in determining that the identified Mercury Broadband customer is an infringer to insure it is accurate, reliable and fair.
Right to Terminate or Suspend Service. Notwithstanding our Repeat Infringer Policy set forth above, Mercury Broadband expressly reserves the right to terminate or suspend the service of any customer even for a single act of copyright infringement. Each Mercury Broadband customer agrees that, if he or she is terminated pursuant to this policy, he or she will not attempt to establish a new account with Mercury broadband under any name, real or assumed.
Important Note. The information contained on this page is provided to the reader for information purposes only, and is not intended to be relied upon as legal advice. If you believe that your rights as a copyright holder have been violated, you should seek independent legal advice.
Important Note. Any person who knowingly misrepresents that material is infringing may be liable for damages, including all costs and attorney’s fees, incurred due to Mercury Broadband’s removal of or disabled access to the material, or replacing the removed material or ceasing to disable access to it.

Online Privacy Policy

Purpose of Policy. Mercury Broadband maintains an ongoing commitment your privacy and our Online Privacy Policy (“Policy—) sets out how Mercury uses and protects the personal information you provide to subscribe to Internet service.
Definition of Personally Identifiable Information.Personally Identifiable Information shall include, but not be limited to: Name, Postal Address, Email Address, Phone Number, Credit or Debit Card Information, Age, Gender or other Demographic Information, and Location Information. Mercury Broadband does not collect Personally Identifiable Information from minors 18 years of age or younger without written parental consent. Parents should monitor websites accessed by minors to prevent collection of Personally Identifiable Information from minors.
Use of Personally Identifiable Information.
- Mercury Broadband will only use the Personally Identifiable Information you provide for the following specific purposes: to provide and improve the Service; to customize the advertising and content you see; or to contact you, conduct research, and provide anonymous reporting for internal and external clients, when necessary.
- Mercury Broadband will not share, sell, rent or otherwise distribute your Personally Identifiable Information with third parties not affiliated with Mercury Broadband, in violation of this Policy or any applicable law, excepting only to:
  - Provide products or services you’ve requested through Mercury Broadband; or
  - In response to a validly-issued subpoena, court order, or other legal process; or
  - When necessary to establish or exercise our contracted or legal rights or defend against claims made by you or on your behalf.
Correction of Personally Identifiable Information. You are responsible for ensuring that all Personally Identifiable Information you provide Mercury Broadband is maintained and kept current.
Cookies and Data Gathering.
- Mercury Broadband uses cookies to remember certain user information which is not Personally Identifiable Information. This allows users of the Service or Mercury Broadband’s websites to avoid logging in more than once, thereby saving time. You may, at any time, disable or refuse to accept cookies by changing the preferences on your web browser. If you choose to disable cookies, you will still be able to use our Service and websites. However, you will not be able to fully take advantage of certain automation and other functionality features available on the websites.
- Mercury Broadband collects and uses IP addresses to analyze trends, administer the site, track user movement, and gather broad aggregate demographic information for reporting and sponsorship purposes. IP addresses are not linked to Personally Identifiable Information.
- From time to time, we may use non-identifiable aggregate information to better design our Service and websites to share with select advertising partners, sponsors, and/or affiliates. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we will not disclose anything that could be used to personally identify any of those individuals.
Data Security. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Mercury Broadband has established commercially reasonable physical, electronic, and managerial procedures to safeguard and secure the Personally Identifiable Information to which we have access.
Children’s Privacy. Protecting the privacy of children is especially important to us. For that reason, we never collect or maintain information at our Website from those we actually know are under 13, nor do we allow registration of users under the age of 13.
Scope of this Agreement; Third Party Websites.
- Although this agreement applies to the entirety of information obtained by you for the purpose of receiving the Service and accessing or using content controlled and owned by Mercury Broadband, it does not apply to entities that are not owned or controlled by us.
- Mercury Broadband does not claim any responsibility for the privacy practices of any non-Mercury Broadband website you visit using the Service. Mercury Broadband encourages you to take reasonable precautions when sharing your Personally Identifiable Information to third party websites and carefully review their applicable privacy policies.
Opt-in Policy.
- At the time the Service is installed, you may “opt-in— to receive newsletters, promotional offers and other useful information from us. To unsubscribe from our mailings you may send an e-mail with the subject line “Unsubscribe— to support@mercurybroadband.com.
- Please note you may not unsubscribe from receiving service announcements and important content update information regarding the Service, including but not limited to, service and account changes, website upgrades, site cancellations or business termination information.
Further Rights and Protections. Your Personally Identifiable Information is also protected by the U.S. Communications Act of 1934 and the Electronic Communications Privacy Act, which provide you with certain rights.

Open Internet Compliance Statement

This Agreement describes the terms and conditions between you and Mercury Broadband, LLC. and its subsidiaries and/or affiliates and/or distribution partners referred to herein collectively and individually as (“Mercury Broadband—, “Mercury Wireless—, “Mercury—, “Us— or “We—) applicable to the Mercury Broadband services. This agreement contains important contract rights, limitations of those rights, and obligations between you and Mercury Broadband. You may call us at (866) 915-2718 or email us at support@mercurybroadband.com. The Federal Communications Commission issued rules to preserve the Internet as an open platform. These rules went into effect on November 20, 2011 and can be found at this link: FCC Preserving the Open Internet. All Internet service providers are required to post information regarding various issues so that consumers, both residential and business, can make informed choices about choosing an Internet service provider. This document contains information regarding our services and in compliance with the FCC’s rules. The policies contained herein serve as a supplement to the existing terms of service. The FCC’s rules focus on four primary issues: Transparency. Fixed and mobile broadband providers must disclose the network management practices, performance characteristics, and terms and conditions of their broadband services. No Blocking. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful Web sites, or block applications that compete with their voice or video telephony services. No Unreasonable Discrimination. Fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic. Reasonable Network Management. ISPs may engage in reasonable network management to maintain a high quality of service for broadband Internet access. Network Practices. ISPs must disclose their network practices, specifically in the four general areas listed below. ISPs may not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. An ISP may not block consumers from accessing lawful Web sites, subject to reasonable network management; nor shall the ISP block applications that compete with the provider’s voice or video telephony services, subject to reasonable network management. ISPs may not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, although, reasonable network management shall not constitute unreasonable discrimination. The FCC’s rules state that a network management practice is reasonable if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service.

Congestion Management. With the exception of VoIP and video streaming traffic, all traffic is carried equally on a “best efforts— basis.
Application-Specific Behavior. At our Internet edge, the TOS/DSCP bit on packets is cleared, and set to high priority on packets determined to be Voice over IP using the Cisco “auto qos voip— command. Within the core of our network, all packets are treated equally. At the customer edge of our network, packets with this higher priority TOS/DSCP value may given preferred treatment to improve traffic delivery over non-high priority traffic. Certain ports and protocols are blocked for the purpose of stopping the spread of viruses. Presently, TCP and UDP on ports 135-139 and port 445 are blocked. Protocol/port combinations may be added or removed from time to time as virus threats come and go.
Device Attachment Rules. Only Mercury-provided Customer Premise Equipment (CPE) can connect to Mercury’s fixed wireless broadband network. Any device capable of connecting to an Ethernet port may be connected to the CPE.
Security. Single-User (residential) plan customers are given IP addresses that pass through a stateful packet inspection firewall that blocks traffic that originates from the Internet without being requested. Mercury uses industry-standard technologies and practices to assure the security of its network.

Performance Characteristics. ISPs must disclose the following network performance characteristics:

Service Description. Mercury is a fixed wireless broadband operator. Speeds vary by plan. Plans can be found on our web site at www.mercurybroadband.com. Latency to the Internet edge of our network is typically below 20 milliseconds, but average latency under 50 milliseconds is considered normal. All current plans are suitable for Voice over IP. Mercury @ Home Essential and Enhanced and Mercury @ Work Business Essential plans are suitable for Video over IP applications.
Impact of Specialized Services. Mercury offers public, static IP addresses for $10 a month. Subscribers of Static IP addresses are not subject to the stateful packet inspection firewall that blocks traffic originating from the Internet, nor the filters that block traffic on certain protocols and ports to stop the spread of viruses, making this optional service ideal for customers wanting to host a server, remote desktop connection, security camera, or other server-hosting function.

Commercial Terms. ISPs must disclose the commercial terms of its broadband Internet access service including those listed below.

Pricing. See mercurybroadband.com for plans and prices.
Privacy Policies. See mercurybroadband.com/legal-policies for Online Privacy Policy.
Redress Options. Customers should call or e-mail Customer Service and ask for their problem to be escalated to a Manager.

FCC Notice. If a customer believes that these open Internet rules are not being met, the customer may file an informal complaint at the Federal Communications Commission. The FCC urges customers to submit any complaints via its website at the following address: http://esupport.fcc.gov/complaints.htm. Customers may also file a formal complaint at the FCC using Part 76 of the Commission’s rules.

Additional Disclaimers. The Open Internet Rules, as adopted, and these Open Internet Principles are not intended to affect, alter or otherwise supersede the legal status of cooperative efforts by broadband Internet Access Service Providers and other service providers that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of the company, rights holders, and end users. Furthermore, the FCC’s Open Internet Rules, as adopted, and this company’s Open Internet Principles do not prohibit the company from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. For additional information, please review the Acceptable Use Policy.

Lifeline Program

“Lifeline— is a federally funded program established to provide monthly assistance to low-income households. Qualifying low-income consumers are provided a discount on their monthly service. Qualified Mercury Broadband customers may receive a Lifeline discount on their voice service, broadband service, or as part of a bundled voice and broadband package. Terms and conditions of service can be read on our Legal Policies page. You must meet certain state and federal eligibility requirements to be accepted, determined by the state where you live. These requirements include program-based eligibility or income-based eligibility. For a full list of rules regarding eligibility visit. Do I Qualify? – Universal Service Administrative Company â†’ To get started, contact Sales by calling (866) 915-2718, or via Email to sales@mercurybroadband.com to determine if your address is located in an eligible area If you think you qualify for Lifeline, visit the How to Get Lifeline – Universal Service Administrative Company to start the application process with the FCC. The FCC provides an online or paper application that can be completed and sent along with proof of eligibility Your application for Lifeline services will be evaluated by Mercury Broadband and/or any applicable state or federal agencies to confirm and verify the customer’s eligibility to receive support. Once approved, the discount will be applied to your account on the first billing cycle after acceptance into the program. No refunds will be provided for charges prior to enrollment and approval of the program. FCC rules prohibit more than one Lifeline service per household. The definition of a —˜household’ is anyone living at an address (including children, relatives, people not related to the account holder, etc.) who share income(s) and household expenses. A household is not permitted to receive Lifeline benefits from multiple providers. The Lifeline program is administered by the Universal Service Administrative Company (“USAC—) and in some states by state agencies. By applying for Lifeline services, a subscriber consents and agrees to the disclosure of any and all information submitted by the subscriber to USAC, USAC’s agents, the National Lifeline Accountability Database and/or applicable state agencies to ensure the proper administration of the Lifeline program, and failure to provide such consent will result in the subscriber being denied the Lifeline service.

Mobile App Privacy

What is covered by this Privacy Policy
This Privacy Policy (the “Privacy Policy—) covers Mercury Broadband’s (“Mercury—) privacy and security policies for personal information collected by Mercury Broadband in connection with the Mercury @ Home mobile application (the “App—). For this Privacy Policy, personal information refers to information relating to an identified or identifiable natural person with reference to an identifier, such as name, an email address, an online identifier such as login credentials, or any other identifier by which that natural person may be contacted online or offline. Mercury understands the importance of privacy and security and is committed to providing a secure environment to protect the personal and private information provided by you in connection with your use of the App. Accordingly, this Privacy Policy sets out:

The personal information that is collected when you download, install, register for and/or use the App; and
Mercury’s best practices associated with collecting, using, retaining, disclosing and protecting the information associated with your use of the App.

What is not covered by this Privacy Policy
This Privacy Policy DOES NOT apply to information:

Mercury collects on its website; or
Mercury may collect unrelated to Mercury’s provision of the App.

Information collected on Mercury’s website at www.mercurybroadband.com is subject to Mercury’s Online Privacy Policy in the Legal Policies section of the Customer Center (accessible at: Legal Policies – Mercury Broadband). Personal information does not include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person, whether in combination with other information or otherwise. Privacy Policy applies for any use of the App. This Privacy Policy applies to Mercury’s policies and practices associated with the provision of the app described in the Mercury @ Home Mobile Application End User License Agreement (the “Agreement—). Please read this privacy policy carefully to understand Mercury’s policies and practices regarding your information and how such information will be treated. If you do not agree with Mercury’s policies and practices, you should not install, use or access the App. By accepting and agreeing to the Agreement, or by using or accessing the App, you agree to this Privacy Policy. This Privacy Policy may be updated from time to time. You should review this Privacy Policy periodically for updates and changes. Your continued use of the App after Mercury revises this Privacy Policy means you accept those revisions. Children Under the Age of 16 The App is not intended for children under 16 years of age, and Mercury does not knowingly collect personal data of children under 16. If Mercury learns that personal data from a child under 16 has been obtained or reviewed without verification of parental consent, Mercury will delete that information. If you believe Mercury might have any information from or about a child under 16, please contact Mercury at regulatory@mercurybroadband.com

How Mercury Collects Your Information
Mercury collects and processes information provided directly by you when you install the App and register for an account to use the App. Specifically, this information includes:

Your name, email address, password, location and your account number associated with your Mercury Broadband service;
Information about the equipment deployed at your premises that you choose to connect to the App such as the MAC address, serial number or other unique identifier for your router;
Data insights Mercury attains based on correlation and analytics of your information collected in providing the App, which may be used in aggregated and dis-aggregated formats or to obtain trend analytics, to provide the App; and
Use of the above-described collected information in aggregated and dis-aggregated formats to enhance our current App or to provide App features.

How Mercury Uses the Information
Mercury uses the information collected as described in this Privacy Policy, including personal information to:

Provide you with the App as described in the Agreement;
Implement, improve and/or enhance the app, including to make future releases available to you;
Carry out Mercury’s obligations as described or authorized in the Agreement and this Privacy Policy;
Enforce Mercury’s rights arising from the Agreement between you and Mercury; and
Fulfill any other purpose authorized by you and reasonably required for the App

Mercury may also use the information collected as described in this Privacy Policy, including personal information, to inform you about goods and services that may be of interest to you.

Disclosure of Information
Mercury does not sell or otherwise distribute or disclose your information to third parties other than as described or authorized in the Agreement, including this Privacy Policy. Mercury discloses the information to its subsidiaries, affiliates, and certain third-party vendors and contractors that provide development, integration, web hosting, and consulting services to Mercury for the purpose of providing you the App, to maintain, support, develop, improve and/or enhance the App and to fulfill Mercury obligations associated with the App. Mercury may be required to disclose information under certain circumstances:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
To enforce Mercury’s rights arising from the Agreement entered into between you and Mercury;
If Mercury believes disclosure is necessary or appropriate to protect the rights, property, or safety of Mercury, its customers or third parties; or
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sales or transfer of some or all of Mercury’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which you and/or you subscriber held by Mercury are among the assets transferred.

Your Choices About Our Collection, Use, and Disclosure of Information
The provision of the information described in this Privacy Policy is necessary in order for you to use the App. Your information is retained and used as described in this Privacy Policy. In the event you delete your account for the App in accordance with the terms of the Agreement, your information will be deleted within 30 days of the deletion of such account or within such other timeline as may be mandated by applicable law. You will no longer be able to access the App when your account is deleted.

Accessing and Correcting Information
You can (a) access and review your information, including personal information, and (b) correct your information, by logging into the App and visiting the settings page.

Data Security
All information you provide to use is stored on our secure servers behind firewalls. Mercury utilizes mechanisms such as intrusion detection systems, intrusion prevention systems, firewalls and encryption to secure information from accidental loss and from unauthorized access, use, alteration, and disclosure. Mercury uses a variety of industry-standard security technologies and best practices to help protect information from unauthorized access, use, or disclosure. You control access to your account and, as set forth in the Agreement, you are obligated to keep your login credentials and passwords secure and protected and maintained as confidential. Although Mercury implements measures that are reasonably designed to protect you, information may nevertheless be transmitted outside of Mercury’s systems. Any such transmission of information is at your own risk, and Mercury is not responsible for any circumvention of any privacy setting or security measures provided.

Changes to this Privacy Policy
Mercury may update this Privacy Policy from time to time. If Mercury makes material changes to how Mercury treats personal information under this Privacy Policy, Mercury will notify you by email or other communication. The date the Privacy Policy was last revised is at the end of this Privacy Policy. You are responsible for ensuring Mercury has an up-to-date active and deliverable email address for you and for periodically visiting this Privacy Policy to check for any changes.

Contact Information
To ask a question or comment about this Privacy Policy and Mercury’s privacy practices, contact Mercury via email at regulatory@mercurybroadband.com. Last Updated: December 2021

Network Management Policy

Mercury Broadband strives to provide a high-quality internet experience for all our customers, and manages its network to deliver high-performing, simple and secure Internet solutions to connect and empower the communities we serve. To further this effort, Mercury Broadband uses reasonable network management practices that are consistent with industry standards. Mercury Broadband uses various tools and techniques to manage its network and deliver its service. These tools and techniques are dynamic and can and do change frequently. As the Internet and its related technologies continue to evolve, Mercury Broadband’s network management tools will also keep pace so we can deliver an excellent, reliable, and safe experiences to all customers. We will provide updates on MercuryBroadband.com as well as other locations if we make significant changes to our network management techniques. Mercury Broadband does not favor certain websites or internet applications by blocking or throttling lawful internet traffic on the basis of content, application, service, user, or use of nonharmful devices on its broadband internet access services. Nor do we modify particular protocols, protocol ports, or protocol fields in ways not prescribed by the protocol standards. However, in response to a specific security threat against our network or our customers, Mercury Broadband may occasionally need to limit the flow of traffic from certain locations or take other appropriate actions. In addition, we prevent the use of certain ports on our wired and Wi-Fi broadband internet access services to help protect our customers and network against malicious activity. Mercury Broadband currently does not maintain a separate system to assist with managing times of congestion. As our network technologies and usage of the network continue to evolve, we reserve the right to implement a new congestion management system if necessary, in the performance of reasonable network management and in order to maintain a good broadband Internet access service experience for our customers, and will provide updates here as well as other locations if a new system is implemented.

Performance Management
Mercury Broadband offers residential and business customers their choice of a variety of broadband Internet access service tiers, each of which offers varying speeds and features that may affect the suitability of such service for real-time applications. The features, pricing and other commercial terms of our service offerings are modified from time to time and not all packages are available in all areas. Full descriptions of currently available packaging and pricing can be found at www.MercuryBroadband.com. Mercury Broadband provisions its customers’ modems and engineers its network to maximize our customers’ ability to receive the maximum speed levels for each tier of service. However, Mercury Broadband does not guarantee that a customer will always achieve those speeds. Like all other ISPs, Mercury Broadband advertises its speeds as “up to— a specific level based on the tier of service to which a customer subscribes. The “actual— speed a customer experience may vary based on a number of factors and conditions, many of which are beyond the control of an ISP such as Mercury Broadband. Mercury Broadband customers can check the speed performance of their current Internet connection using the Mercury Broadband Speed Test on the Mercury @Home application, which tests the speed that they are receiving on Mercury Broadband’s network. These tests are dependent on a variety of factors, including the customer’s home network configuration, modem, and Internet connected devices, and the time of day, and therefore do not reflect the performance of the Mercury Broadband’s network only.

Refund Policy

TERMS AND CONDITIONS AT MERCURY BROADBAND
These Terms of Use and Guidelines apply to all websites (“Sites—) operated by Mercury Broadband including without limitation mercurybroadband.com. In this document “Mercury Broadband— refers to Mercury Broadband, LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as —˜User Agreement’). This agreement is in effect as of November 1, 2024. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

RESPONSIBLE USE AND CONDUCT
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as —˜Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that: In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party.
Contains any type of unauthorized or unsolicited advertising.
Impersonates any person or entity, including any Mercury Broadband employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Mercury Broadband, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of the registration process, necessary to use our Resources. You agree to indemnify and hold harmless Mercury Broadband and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is— and “as available—. This means that we do not represent or warrant to you that: The use of our Resources will meet your needs or requirements. The use of our Resources will be uninterrupted, timely, secure or free from errors. The information obtained by using our Resources will be accurate or reliable, and Any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. Additionally, you understand and agree that no information or advice, whether expressed, implied, oral or written, obtained by you from Mercury Broadband, or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Mercury Broadband will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks
All content and materials available on Mercury Broadband, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Mercury Broadband, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Mercury Broadband.

Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law
This website is controlled by Mercury Broadband. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

SHIPPING POLICY/DELIVERY POLICY
We determine the most efficient shipping carrier for your order. The carriers that may be used are U.S. Postal Service (USPS), United Parcel Service (UPS) or FedEx. If you’re trying to estimate when a package will be delivered, please note the following: Credit card authorization and verification must be received prior to processing.REFUND POLICY
We offer 30 Money Back Guarantee on our product. Please call customer service in advance to obtain an RMA number (Return Merchandise Authorization) within 30 days of purchase date.

PRIVACY POLICY
Mercury Broadband (“us—, “we—, “our—) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of mercurybroadband.com (“site—). This Privacy Policy applies only to information that you provide to us through this site. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the site. You are advised to consult this policy regularly for any changes. As used in this policy, the terms “using— and “processing— information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to, collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our company within the United States or internationally. We are committed to protecting your privacy. Authorized employees within the company on a need-to-know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

INFORMATION COLLECTION AND USE
Our primary goals in collecting information are to provide and improve our site, services, features and content, to administer your use of the site and to enable users to enjoy and easily navigate the site (collectively, the “Service—).

PERSONALLY IDENTIFIABLE INFORMATION
When you register with us through the site, when you join our mailing list, or when you make a purchase via the site, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information—). Personal Information includes, but is not limited to, your name, phone number, email address, and postal address. If you choose to make a purchase via the site, our third-party payment processor service providers may also collect billing information such as your credit card number or billing address. We use the Personal Information you provide mainly to provide the Service, process your transactions and administer your inquiries. In order to access additional functionality of the site, you may be required to create an account for your use of the Service (“Account—). You may create an Account directly via the site. When you create an Account, you will become a “Member— of the Service. We also collect the other information that you provide as part of account registration and your use of the Service (e.g., without limitation, zip code (on its own) and individual preferences) (“Non-Identifying Information—). We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries. Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information. We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Mercury Broadband users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance, to deliver a product to you according to your preferences or restrictions. We also use your Personal Information to contact you with marketing and promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or contact us. (See “Changing or Deleting Your Information,— below.)

LOG DATA
When you visit the site, whether as a Mercury Broadband Member or a non-registered user just browsing (any of these, a “Mercury Broadband user—), our servers automatically record information that your browser sends whenever you visit a website (“Log Data—). This Log Data may include information such as your computer’s Internet Protocol (“IP—) address, browser type or the webpage you were visiting before you came to our site, pages of our site that you visit, the time spent on those pages, information you search for on our site, access times and dates, and other statistics. We use this information to monitor and analyze use of the site and the Service and for the site’s technical administration, to increase our site’s functionality and user-friendliness, and to better tailor it to our visitors’ needs. We also use this information to verify that visitors to the site meet the criteria required to process their requests.

SECURITY POLICY
Your payment and personal information are always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.

COOKIES AND PIXEL TAGS
Like many websites, we use “cookies— to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we use persistent cookies to save your login information for future logins to the site. Second, we use session ID cookies to enable certain features of the site, to better understand how you interact with the site and to monitor aggregate usage by Mercury Broadband users and web traffic routing on the site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the site and Service and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the site or all functionality of the Service. We may also use “pixel tags,— “web beacons,— “clear GIFs— or similar means (individually or collectively “Pixel Tags—) in connection with our Service to collect usage, demographic and geographical location data. A Pixel Tag is an electronic image, often a single pixel that is ordinarily not visible to users and may be associated with cookies on a user’s hard drive. Pixel Tags allow us to count users who have visited certain pages of the site, to deliver branded services and to help determine the effectiveness of promotional or advertising campaigns.

PHISHING
Identity theft and the practice currently known as “phishing— are of great concern to Mercury Broadband. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your login information, or national identification numbers in a nonsecure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.

INFORMATION SHARING AND DISCLOSURE
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. If you would like to opt out from information other than what is required by law, please contact us at the information listed on our Contact page.

Aggregated Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling, and to deliver targeted advertising about other products and services. Any aggregated information shared in these contexts will not contain your Personal Information.
Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, payment processors, web analytics and improvement of the site’s features) or to assist us in analyzing how our Site and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement. Mercury Broadband cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Mercury Broadband or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.
Business Transfers. Mercury Broadband may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

CHANGING OR DELETING YOUR INFORMATION
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us or by making edits via the “My Account— section of the site. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your account in our system, please contact us “Privacy— with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.\

SECURITY
Mercury Broadband is very concerned with safeguarding your information, but no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as credit card number) on our registration or order forms, we offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data— (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

INTERNATIONAL TRANSFER
Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Mercury Broadband transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

LINKS TO OTHER SITES
Our site contains links to other websites. If you choose to visit an advertiser by “clicking on— a banner ad or other type of advertisement, or click on another third-party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites may follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products, and services are all directed to people who are at least 13 years old or older.

YOUR CONSENT
By using our site, you consent to our web site privacy policy.

CHANGES TO PRIVACY POLICY
If we decide to change our privacy policy, we will post those changes on this page.