Terms of Service
Applicability of Terms of Service
Altitude Fiber services are granted based on local, state and federal laws and acceptable use policies, including the following.
You may not make available to others via Altitude Fiber’s Network any material that is copyrighted or violates local, state or federal law.
You may not sell/resell access to Altitude Fiber’s Network via your connection.
You are responsible for ensuring that the devices connected to the Altitude Fiber Network via your account comply with Altitude Fiber’s Acceptable Use Policy.
Network Management: Altitude Fiber may restrict or limit extraordinary network usage. See Bandwidth Management and Network Management sections below.
You may not send or retransmit UCE/SPAM/BULK emails.
You must be 18 years of age or older.
Billing
Your monthly invoices are sent on or around the first of each month. Payment is considered delinquent if not received by the invoice due date. Fractions of a month are prorated and are calculated based on a 30 day month. If your payment will not reach us by the due date, contact Customer Service to discuss payment arrangements.
Delinquent Accounts:
In the case of delinquent payment, you agree to pay all costs of collection including a reasonable attorney’s fee, together with interest at a rate of 1.5% per month on any balance due. Services may be suspended or disconnected if your account is delinquent and payment arrangements have not been made or were made and not kept, you become insolvent or are subject to bankruptcy proceedings, your check is returned for insufficient funds, or you violate any terms of service. A reconnection fee of $30 per account is required to reinstate services.
Disputing Charges:
You may dispute charges within 60 days of receipt, unless otherwise provided by law. You are still responsible for the balance due until the dispute is resolved. You may call us to dispute your bill, but to preserve your right to bring an arbitration or small claims case regarding such dispute, you must contact us in writing, within 60 days using one of the following methods:
Submit a description of the disputed charges in writing to Customer Service, Altitude Fiber, PO Box 226, Freedom, WY 83120 or through the “contact us” form at AltitudeFiber.com.
IF YOU DO NOT NOTIFY US IN WRITING OF SUCH DISPUTE WITHIN THE 60-DAY PERIOD, YOU WILL HAVE WAIVED YOUR RIGHT TO DISPUTE THE BILL OR SUCH SERVICE(S) AND TO BRING AN ARBITRATION OR SMALL CLAIMS CASE REGARDING ANY SUCH DISPUTE.
Returned Checks:
A returned check is considered the same as non-payment and will result in a processing fee of up to $20. If payment is insufficient a second time, cash or credit/debit card will be required.
Taxes and Surcharges:
You are responsible for all applicable federal, state and local taxes, fees and surcharges, including but not limited to excise, sales, use, 911, and operator assisted/information calls. Provide a completed tax exempt form to be relieved of taxes (credits will not be issued for any taxes already paid).
Credits:
Altitude Fiber makes no representation that the network will be error free, uninterrupted, or free from any unauthorized access. Altitude Fiber will not be liable for service interruption for less than 16 continuous hours. Except for the credits described in the next paragraph, we shall not be responsible or liable to you or to any other person or entity for any problem with the service provided (meaning any mistake, omission, interruption, delay, error, defect, denial, lack of privacy, or other failure). Under no circumstances shall Altitude Fiber be responsible or liable to you or to any other person or entity for any other damage, loss or expense arising from the problem or from your equipment, including but not limited to any loss of opportunity or profit, or any special, incidental, or consequential damages.
Determining the Credit: If Altitude Fiber’s service is unavailable for an extended period of 16 or more consecutive hours as a result of a service problem and you are subsequently billed for access during this period, you may contact Customer Service before the invoice due date, and once Altitude Fiber verifies the occurrence credits may be issued.
Equipment
Altitude Fiber Owned Equipment:
Altitude Fiber owned equipment may be provided for your use to gain access to the internet. If you move or cancel service and do not return the Altitude Fiber-owned equipment in working condition, a $100 fee may apply. If the Altitude Fiber owned equipment fails, it will be replaced at no cost to you unless the cause was a result of damage to, misuse or failure to protect with a power protection device (including lightning strikes). In this case, a $100 replacement fee will apply. All maintenance and repair of the equipment shall be performed by Altitude Fiber.
You may not sell, transfer, lease, relocate, or assign all or part of equipment owned by Altitude Fiber. You shall pay to Altitude Fiber the full manufacturer’s suggested retail price for the replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, or assigned Altitude Fiber equipment or part thereof, together with any incidental costs incurred by Altitude Fiber relating to the replacement of the equipment. You hereby authorize Altitude Fiber to charge your account or credit card on file for any such charges. Altitude Fiber may, at its option, install new or reconditioned equipment.
Back-up Requirements: The installation, use, inspection, alteration, maintenance, repair or removal of the Altitude Fiber equipment and software may result in service outage or potential damage to your equipment. If you do not back-up all existing computer files prior to such activities, you understand and accept the associated risks of not making such a backup. In any event, Altitude Fiber shall have no liability whatsoever for any damage to, loss or destruction of your equipment, peripherals, software, or data.
Information & Content
Altitude Fiber is not a publisher of third party information or content and is not responsible for any opinions, advice, statements, or other information, services or goods provided by third parties. Any information you involuntarily or voluntarily provide third parties is governed by their policies. Neither Altitude Fiber nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by any information acquired through Altitude Fiber’s services. You acknowledge that every business or personal decision represents an assumption of risk, and that neither Altitude Fiber nor its content and service providers or suppliers, in providing access to information does not assume or is responsible for your risk in any manner whatsoever.
Activation/Installation/Labor
It is necessary for you or a household member over the age of 18 to be present for installation of services]; please contact us to reschedule the day prior to the appointment or a no show fee of $50 may apply. Installation in rental units or homes requiring new installation or wiring must provide authorization from the owner. Altitude Fiber may waive at its discretion service installation fees. Assistance with customization and installation beyond what is listed below is available at then current hourly rates.
Digital Voice: A $35 account activation fee may apply for basic digital voice service. A quote will be provided for multiple lines or phone systems.
Internet: Standard activation is $85 and includes configuration and installation of service to one device.
Multiple Services: Activation for a combination of Internet and Digital Voice not to exceed $100.
Rates: Then current labor rate by service; contact Customer Success for current rates.
Plans and Pricing
Altitude Fiber reserves the right to change service plans, pricing and terms of service. If a change is made increasing your cost, 30 days advance written notice by email or mail will be provided. If you do not agree to a change which increases your cost, you may elect to change your rate plan to any other plan offered by Altitude Fiber. If you cancel under these circumstances, you must give notice of cancellation to Altitude Fiber and you may be subject to early termination fees. Upgrades to services will not incur service fees; other plan changes may incur a $12 service fee.
Security
Altitude Fiber does not guarantee security. If you use your device to access business email or information, it is your responsibility to ensure your use complies with your company’s internal IT and security procedures. Altitude Fiber recommends the use of firewall, Anti-Virus, Anti-Spam, Anti-Spyware and Anti-Malware hardware/software.
Service Interruption
Altitude Fiber is not responsible for failure to perform any obligation or provide any services hereunder due to any Act of God or natural events, strikes, work stoppage, equipment or facilities shortages, governmental acts, directives or abuse, war, riot or civil commotion, pandemic, or any other force beyond our immediate and reasonable control. Service may be interrupted for a variety of reasons, including maintenance activities. Notice will be provided when possible.
Support and Repairs
Altitude Fiber provides 24/7 complimentary technical support. If issues are not resolved with technical support, an appointment may be scheduled for repair. If it is determined that the problem is other than Altitude Fiber’s network or facilities or equipment, Altitude Fiber’s current hourly technician rate will apply, with a minimum of one hour, pro-rated for each additional half hour. Contact your local office to report problems with your service.
Termination
You may cancel service by notifying us in writing or by phone. Early termination fees may apply, as they pertain to each individual service. Altitude Fiber may cancel your service at any time as a result of non-payment, or breach of any other material provision hereof, subject to any grace periods. In such case, you will still be responsible for payment of all outstanding balances accrued, including equipment and termination fees. Monthly service charges are nonrefundable if service is terminated prior to the end of a billing cycle.
You are responsible for all outstanding charges, including those processed after cancellation (eg, long distance charges).
Moving
If you move within the Altitude Fiber service area, new installation charges may apply. If you move out of the area and provide proof of new residency, any applicable termination fees may be waived.
Disputes
General Matters:
Altitude Fiber may assign its rights, obligations and liabilities under these terms and conditions without notice to you. You may assign your rights, obligations and liabilities hereunder only with Altitude Fiber’s prior written consent. Subject to this restriction, these terms and conditions shall be binding on your heirs, representatives, and permitted assigns or successors in interest, if any. All notices required hereunder must be in writing. Each notice to you shall be effective the day after Altitude Fiber deposits the notice in the U.S. mail, postage prepaid, addressed to you in accordance with Altitude Fiber’s records of your account. Notices to Altitude Fiber shall be effective only when actually delivered to an authorized employee of Altitude Fiber at its headquarters address. If any provision hereof is held to be unenforceable or contrary to law, then the provision shall be revised, if possible, by the reviewing authority to the minimum extent necessary to make the provision enforceable and legally valid and the remaining provisions shall continue in effect. Your service agreement may not be modified unless the modification is in writing signed by you and an authorized employee of Altitude Fiber. Any failure by Altitude Fiber to insist on strict performance of any of your obligations under the terms of your service agreement will not be a waiver and shall not affect Altitude Fiber’s right to insist later on strict performance of your obligations. If any prior statement, communication or agreement with you that was made on behalf of Altitude Fiber is inconsistent with these terms and conditions, then these terms and conditions shall control and take precedence.
Arbitration:
Any dispute or claim arising out of or relating to your contract for service and these Terms of Service or to any product or service provided in connection herewith (whether based in agreement, tort, statute, fraud, misrepresentation or any other legal theory), will be resolved by arbitration as mutually agreed to by you and us, except that (i) you may take claims to small claims court if they qualify for hearing by such a court, or (ii) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
Indemnification:
In the event that any personal injury, property damage, distress, harassment, defamation, copyright infringement, agreement breach or other harm is caused by you or any other person or entity while using your cellular phone or device, or if you fail to perform this agreement or to act in accordance with any of its provisions, then you shall pay for and protect Altitude Fiber against every resulting claim, suit, action, loss, expense, or liability, including attorney’s fees and litigation expenses (including those on appeal). Your obligations in this regard shall survive the expiration or termination of this agreement and your protection of Altitude Fiber under this paragraph shall also extend to Altitude Fiber owners, managers, employees, agents. This agreement constitutes the entire agreement between you and Altitude Fiber regarding your service, but may be amended at any time in its sole discretion by Altitude Fiber.
Waiver of Punitive Damage Claims and Class Actions:
By this agreement to arbitrate set forth above, both you and we are waiving certain rights to litigate disputes in court. If for any reason the arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any rights to pursue any claims on a class or consolidated basis or in a representative capacity.
Your Rights:
You have the right to terminate service in the event that we fail to perform or observe conditions under these Terms of Service within 30 days after receiving written notice of the default. If with diligence and in good faith, repairs cannot be made in 30 days, Altitude Fiber shall have reasonable additional time, not to exceed 90 days, to make amends. If you cancel, suspend or defer any order for services hereunder after we have begun efforts to repair service, you shall pay all related fees and costs reasonably incurred for the initial term of service.
Attorney Fees:
You agree to pay any reasonable attorney fees and legal expenses incurred by Altitude Fiber as a result of your failure to comply with these Terms of Service. In the event of legal action arising out of or related, hereto including claims for non-payment of amounts owed, the county and state in which services are provided shall be the exclusive jurisdiction and legal venue for said action and these Terms of Service and any related service shall be construed according to the laws of the state in which services are provided. These Terms of Service supersede any previous agreements, verbal or written.
Other Liability Limitations:
Altitude Fiber shall not be responsible or liable to you or to any other person or entity for any act or omission of any person or entity other than Altitude Fiber, or due to any cause beyond the control of Altitude Fiber, including but not limited to, acts or omissions of other communications carriers, equipment manufacturers, lack of security, government actions or inaction, license restrictions, court orders, equipment failures, modifications, capacity limitations, vandalism, theft, criminal acts, terrorism, war, or accidents. Any liability of Altitude Fiber to you shall be limited to Altitude Fiber and shall not entitle you to any legal recourse against any owner, manager, employee, or any person representing Altitude Fiber. Altitude Fiber will be responsible or liable to you only for up to two months of your average rate plan cost.
Voice & Long Distance
You agree to pay monthly local service in advance and toll charges in arrears. The first billing statement will include local service charges for the upcoming month, pro-rated service charges from the connection date, and connection fees and deposits if applicable. Bundled long distance calling minutes are available only for the month of service and do not accumulate over time.
Digital Voice Service
Service Details: Digital Voice service requires an internet connection. Internet service with high latency may degrade or interrupt service of Digital Voice.
Equipment: Digital Voice may require special equipment and software, including battery backup.
E911: THE FEDERAL COMMUNICATIONS COMMISSION (“FCC”) REQUIRES THAT ALTITUDE FIBER TO PROVIDE E911 SERVICE TO ALL CUSTOMERS WHO USE ITS VOICE SERVICES WITHIN THE UNITED STATES. CUSTOMER ACKNOWLEDGES THAT ALTITUDE FIBER’S (POWERED BY SILVER STAR) DIGITAL VOICE EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY AS TRADITIONAL WIRELINE 911 SERVICES. BY USING THIS SERVICE, CUSTOMER AFFIRMATIVELY ACKNOWLEDGES THAT CUSTOMER HAS BEEN ADVISED OF THE CIRCUMSTANCES UNDER WHICH E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED. CUSTOMER ACKNOWLEDGES THAT VOICE SERVICES WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER. CUSTOMER ACKNOWLEDGES THAT THE SERVICES WILL NOT FUNCTION PROPERLY IF THERE IS AN INTERRUPTION OR A LACK OF BANDWIDTH OF CUSTOMER’S BROADBAND INTERNET ACCESS SERVICE. E911 SERVICE IS NOT OFFERED ON INTERNATIONAL NUMBERS, TOLL FREE NUMBERS OR SIMILAR SERVICE ACCESSORIES OR ADD-ON PLANS.
**AFTER INITIAL ACTIVATION OF THE E911 SERVICE AND FOLLOWING ANY CHANGE OF AND UPDATE TO CUSTOMER’S PHYSICAL LOCATION, THERE MAY BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR. THIS INFORMATION IS TYPICALLY POPULATED INTO THE E911 DATABASES PRIOR TO SERVICE ACTIVATION, BUT NO GUARANTEE CAN BE MADE THAT THE AUTOMATIC NUMBER AND LOCATION INFORMATION WILL BE ACTIVATED WITHIN ANY PARTICULAR TIMEFRAME.
CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT ALTITUDE FIBER (AND SILVER STAR) WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH HEREIN. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS ALTITUDE FIBER (AND SILVER STAR), ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, CUSTOMER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING
Fraudulent Calls:
In the event Customer connects the Services to the public switched network, Customer is solely responsible for selection, implementation and maintenance of security features for protection against unauthorized calling, and Altitude Fiber shall have no liability thereof. Customer is solely responsible for payment of long distance, toll and other telecommunications charges incurred through use of the Services being provided hereunder. Customer shall indemnify and hold Altitude Fiber harmless from all costs, expenses, claims or actions arising from fraudulent calls of any nature carried by means of the Services. Customer shall not be excused from paying Altitude Fiber for Services provided to Customer or any portion thereof on the basis that fraudulent calls comprised a corresponding portion of the Services. In the event Altitude Fiber discovers fraudulent calls being made, nothing contained herein shall prohibit Altitude Fiber from taking immediate action, without notice to Customer that is reasonably necessary to prevent such calls from taking place. Notwithstanding, it is understood that Altitude Fiber is under no obligation to investigate the authenticity of calls charged to Customer’s account and shall not be liable for any fraudulent calls processed by Altitude Fiber and billed to Customer’s account.
Internet
Altitude Fiber provides high-speed internet via wired technologies. Plans range between 100 Mbps and 5 Gbps. Connection speeds refer to the speed between your location and the public internet. Actual speeds may fluctuate due to internet congestion, server or router speeds, and other factors, which cannot be controlled by Altitude Fiber. Altitude Fiber guarantees a “best-effort” level of service.
Bandwidth Management
Altitude Fiber’s standard Internet plans delivered by Fiber to the Premise are designed for typical use by average residential and home-based users. Computer activity resulting in excessive or sustained bandwidth consumption may burden Altitude Fiber’s network harming other user experiences and such usage may be restricted. Extraordinary use may be indicated by sustained high usage during the day and evening, exceeding the daily threshold outlined below, consumption of data greater than 95% of other customers, or numerous simultaneous connections.
Network Management
Altitude Fiber’s network is a shared resource among subscribers and in order to keep prices reasonable for the majority of our customers, Altitude Fiber reserves the right to monitor use, implement a specialized plan, and/or restrict the data throughput speeds for the top 5% of users on a standard internet plan consuming extraordinary bandwidth. Altitude Fiber’s standard Internet plans are designed for typical Internet use. Those using extraordinary amounts of bandwidth or needing a higher service level are eligible for our specialized plans. Our network management practices are structured to provide high quality, consistent, reliable service to the majority of our customer base.
It is your responsibility to ensure that your Internet activities do not inhibit, disrupt, degrade or impede Altitude Fiber’s ability to deliver and monitor services over Altitude Fiber’s backbone, network nodes, and/or other network services.
Extraordinary Use
Altitude Fiber considers extraordinary use any bandwidth or data consumption that is significantly higher than the majority of Altitude Fiber customers’ typical usage and/or the national consumer average consumption for which Altitude Fiber’s network is designed.
How does Altitude Fiber evaluate usage?
Altitude Fiber uses network analysis tools to manage its network. These tools and techniques are dynamic, like the network and its usage, and can and do change frequently. For example, these network management activities may include (i.) identifying spam and preventing its delivery to customer email accounts, (ii.) detecting malicious Internet traffic and preventing the distribution of viruses or other harmful code or content, (iii.) limiting speeds during periods of extended congestion, (iv.) requiring an upgrade or purchase of a different data plan, and (v.) using other tools or techniques that Altitude Fiber may be required to implement in order to meet its goal of delivering the best broadband Internet experience to all its customers.
Our network analysis includes collecting data on customer traffic patterns, bandwidth consumption, and primary types of use. The network analysis does not invade privacy of our customers.
What services are restricted to Altitude Fiber service users?
Altitude Fiber service does not provide the type of security, upstream performance, total downstream throughput capability, or class of service typically associated with commercial use. Examples of prohibited uses include, but are not limited to, running servers for mail (pop3 and smtp), http, https, FTP, IRC, DHCP and multi-user interactive forums, broadcasting, traffic requiring sustained throughput, providing network services to others via Altitude Fiber’s service.
How does Altitude Fiber address excessive or uncharacteristic use?
Should Altitude Fiber, in its sole but reasonable discretion, determine that a customer has exceeded the Excessive Use threshold or is using the service in a manner significantly uncharacteristic of a typical user, or appears in the top 5% tier multiple months in a row, Altitude Fiber will work with the customer to (i.) upgrade service; (ii.) adjust, suspend or terminate service; or (iii.) use any technology to be chosen by Altitude Fiber to restrict the user’s service for purposes of protecting Altitude Fiber’s network integrity.
For information on Altitude Fiber’s acceptable use policy, visit Customer Acceptable Use Policy.
Home Zone
The standard initial in-home visit of approximately one hour is included at no additional cost to the customer. Altitude Fiber can provide additional in-home service for additional device connections, wiring or other services billed on an hourly basis. A separate appointment may be required depending on Service Technician availability. Optimal router placement is based on the existing wiring locations in your home. Equipment replacement is available except for damage due to equipment misuse or abuse. While Home Zone is available to support your wireless network, it is not intended as ongoing support for the connection of wireless devices outside of the initial in-home visit. Customers may be invoiced for excessive remote assistance of wireless device connection and troubleshooting at an hourly rate billed in one-half hour increments, at Altitude Fiber’s sole discretion and notification. Wi-Fi speeds and coverage will vary based on the device connecting to the Wi-Fi network, distance from the router, number of devices on the network and “noise” from other electronics on the same frequency. Internet speed tests can be measured accurately only with a hard-wired connection directly from a device to a gateway access point.
