Legal Policies

THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS BETWEEN YOU AND MERCURY FIBER, LLC. AND ITS SUBSIDIARIES AND/OR AFFILIATES AND/OR DISTRIBUTION PARTNERS REFERRED TO HEREIN COLLECTIVELY AND INDIVIDUALLY AS (“MERCURY WIRELESS”, “MERCURY FIBER”, “MERCURY”, “US” OR “WE”) APPLICABLE TO THE MERCURY FIBER SERVICES. THIS AGREEMENT CONTAINS IMPORTANT CONTRACT RIGHTS, LIMITATIONS OF THOSE RIGHTS, AND OBLIGATIONS BETWEEN YOU AND MERCURY FIBER. YOU MAY CALL US AT (800) 354-4915 OR
EMAIL US AT SUPPORT@MERCURYFIBER.COM.

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 MAY OWE (AND YOUR CREDIT CARD, DEBIT CARD, OR BANK ACCOUNT MAY BE CHARGED) AN EARLY TERMINATION FEE OF $200.00 OR BE SUBJECT TO CHARGES FOR DEINSTALLATION AND RECOVERY OF HARDWARE AND EQUIPMENT.

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 FIBER 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 FIBER 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 FIBER 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 FIBER 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 MONEYORDERS 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 FIBER 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 FIBER
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 FIBER 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 FIBER 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 FIBER.

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 FIBER 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 FIBER 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 FIBER.
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 FIBER EQUIPMENT. IF YOU FAIL TO SCHEDULE A SERVICE
CALL OR RETURN THE EQUIPMENT, YOU AGREE TO REIMBURSE MERCURY FIBER 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 FIBER
NOR ANY OF OUR WHOLESALERS, DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS,
SERVICE PROVIDERS OR THIRD-PARTY CONTENT PROVIDERS (COLLECTIVELY, “MERCURY FIBER’
PARTNERS”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO MERCURY
BROADBAND NOR ANY OF MERCURY FIBER’ 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 FIBER 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 FIBER OR ANY OF MERCURY FIBER’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 FIBER 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 FIBER’
MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY AND THE LIABILITY OF MERCURY FIBER’ PARTNERS
SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT
ACTUALLY PAID TO MERCURY FIBER 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 FIBER 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. THE
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 THE 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.

This Agreement describes the terms and conditions between you and Mercury Fiber, LLC. and its subsidiaries and/or affiliates and/or distribution partners referred to herein collectively and individually as (“Mercury Fiber”, “Mercury Wireless”, “Mercury”, “Us” or “We”) applicable to the Mercury Fiber services. This agreement contains important contract rights, limitations of those rights, and obligations between you and Mercury Fiber. You may call us at (866) 915-2718 or email us at support@mercuryfiber.com.

• General Policy. Mercury Fiber subscribers and account holders may not upload, post, route, transmit, link or otherwise make available on or via the Mercury Fiber 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 Fiber services at the direction of any Mercury Fiber 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 Fiber’s Internet services, you (or your agent) may send to Mercury Fiber’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 Fiber remove or disable access to the material that is claimed to be infringing your copyright.
• If as a Mercury Fiber customer you believe in good faith that someone has wrongly submitted to Mercury Fiber a notice of copyright infringement against you, the DMCA permits you to send a counter-notice to Mercury Fiber’s Designated Copyright Agent which must meet the following requirements:
• A physical or electronic signature of the Mercury Fiber 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 Fiber 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 Fiber 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 Fiber will not restore access to or replace the removed material if Mercury Fiber 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 Fiber’s system.
    Designated Copyright Agent. All Notices and counter-notices should be sent to Mercury Fiber’s Designated Copyright Agent:

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

• Repeat Infringer Policy. In accordance with the DCMA, Mercury Fiber will terminate, in appropriate circumstances, the internet service of any customer who is a repeat infringer. If you believe that a Mercury Fiber customer has engaged in repeated infringement of your copyrighted materials in connection with Mercury Fiber’s service, please provide Mercury Fiber’s designated copyright agent with information sufficient to show that the Mercury Fiber customer is a copyright infringer and that appropriate circumstances exist for Mercury Fiber to terminate such customer’s account. Mercury Fiber requests that you provide us with the method used in determining that the identified Mercury Fiber 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 Fiber expressly reserves the right to terminate or suspend the service of any customer even for a single act of copyright infringement. Each Mercury Fiber 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 Fiber 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 Fiber’s removal of or disabled access to the material, or replacing the removed material or ceasing to disable access to it.

This Agreement describes the terms and conditions between you and Mercury Fiber, LLC. and its subsidiaries and/or affiliates and/or distribution partners referred to herein collectively and individually as (“Mercury Fiber”, “Mercury Wireless”, “Mercury”, “Us” or “We”) applicable to the Mercury Fiber services. This agreement contains important contract rights, limitations of those rights, and obligations between you and Mercury Fiber. You may call us at (800) 354-4915 or email us at support@mercuryfiber.com.

• Purpose of Policy. Mercury Fiber 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 Fiber 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 Fiber 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 Fiber will not share, sell, rent or otherwise distribute your Personally Identifiable Information with third parties not affiliated with Mercury Fiber, in violation of this Policy or any applicable law, excepting only to:
    • Provide products or services you’ve requested through Mercury Fiber; 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 Fiber is maintained and kept current.
• Cookies and Data Gathering.
  • Mercury Fiber uses cookies to remember certain user information which is not Personally Identifiable Information. This allows users of the Service or Mercury Fiber’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 Fiber 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 Fiber 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 Fiber, it does not apply to entities that are
    not owned or controlled by us.
  • Mercury Fiber does not claim any responsibility for the privacy practices of any non-Mercury Fiber website you visit using the Service. Mercury Fiber 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@mercuryfiber.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.

This Agreement describes the terms and conditions between you and Mercury Fiber, LLC. and its subsidiaries and/or affiliates and/or distribution partners referred to herein collectively and individually as (“Mercury Fiber”, “Mercury Wireless”, “Mercury”, “Us” or “We”) applicable to the Mercury Fiber services. This agreement contains important contract rights, limitations of those rights, and obligations between you and Mercury Fiber. You may call us at (800) 354-4915 or email us at support@mercuryfiber.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.mercuryfiber.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 mercuryfiber.com for plans and prices.
• Privacy Policies. See mercuryfiber.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” 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 Fiber 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: https://www.lifelinesupport.org/how-to-qualify/

To get started, contact Sales by calling (800) 354-4915, or via Email to sales@mercuryfiber.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 Fiber 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.

 

What is covered by this Privacy Policy
This Privacy Policy (the “Privacy Policy”) covers Mercury Fiber’s (“Mercury”) privacy and security policies for personal information collected by Mercury Fiber 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.mercuryfiber.com is subject to Mercury’s Online Privacy Policy in the Legal Policies section of the Customer Center (accessible at: Legal Policies – Mercury Fiber). 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@mercuryfiber.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 Fiber 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@mercuryfiber.com. Last Updated: December 2021

 

Mercury Fiber 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 Fiber uses reasonable network management practices that are consistent with industry standards. Mercury Fiber 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 Fiber’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 MercuryFiber.com as well as other locations if we make significant changes to our network management techniques.

Mercury Fiber 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 Fiber 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 Fiber 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 Fiber 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.MercuryFiber.com.

Mercury Fiber 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 Fiber does not guarantee that a customer will always achieve those speeds. Like all other ISPs, Mercury Fiber 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 Fiber.

Mercury Fiber customers can check the speed performance of their current Internet connection using the Mercury Fiber Speed Test on the Mercury @Home application, which tests the speed that they are receiving on Mercury Fiber’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 Fiber’s network only.