Thanks for using Gila Broadband’s products, equipment and services (“Services”). The Services are provided by Gila Broadband LLC (“Gila Broadband”). The Terms of Service (“Terms”) means the terms specified below. By agreeing to the Terms, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself and others in your premises who may use the Services. By signing up for or using the Services, you agree to these Terms.
We may be required to provide certain disclosures, notices and communications (collectively “Communications”) to you in written form. We will deliver such Communications to you in electronic form. Your agreement to these Terms confirms your ability and consent to receive such Communications electronically. You consent to receive electronically all Communications that we may provide you in connection with your Gila Broadband account and your use of the Services. Communications include:
Communications will be considered to be received by you upon delivery in any of the following manners:
To access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:
By consenting to this Policy, you confirm that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications for your records. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable. Also, you may contact Gila Broadband to request another electronic copy of a Communication. We reserve the right to terminate your use of the Services if you decline or withdraw consent to receive electronic Communications.
Eligibility for Services
You may apply for Services online at gilabroadband.com, although we hope to make Services available to as many people as possible as quickly as we can, Gila Broadband reserves the right to determine whether any Services are made available to a particular address. If Gila Broadband determines that the address at which you receive Services is not a residential address, Gila Broadband may require you to transition to a business account in order to continue receiving Services. This transition may include an increase in any fee for the Services.
You agree to provide Gila Broadband with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your premises” below) so that the equipment necessary for you to receive the Services may be installed and configured. You agree that Gila Broadband may install equipment on the exterior and interior of your premises (including but not limited to affixing equipment and/or cables to the outside of your premises) at any reasonable location. You agree that Gila Broadband may take photographs of the equipment installed by or on behalf of Gila Broadband on the exterior or interior of your premises for quality control purposes. You also agree that Gila Broadband may use, and that you have the necessary permissions to approve Gila Broadband’s use of, existing facilities, including existing wiring in and around your premises, to complete the installation Services. If you rent or otherwise do not own your premises, you represent and warrant that you are authorized by the property owner to order Gila Broadband installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for Gila Broadband to perform installation Services. If Gila Broadband incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for Gila Broadband to install the equipment required for the Services, you are responsible for reimbursing Gila Broadband for those costs or losses.
Acceptance of these Terms does not guarantee that Gila Broadband will install or provide any Services. We may need a separate agreement with you or your landlord in order to install the Services.
Sometimes we may need to charge a fee in connection with the construction or installation of your network connection (“construction fee” or “installation fee”). Gila Broadband may allow some users to pay construction fees in installments. If you cancel or make certain changes to your Service plans, or your Services are otherwise terminated due to failure to comply with these Terms, before you have paid the entire construction fee, you agree to pay the outstanding construction fee balance as of the date of such change, cancellation or termination. Construction fees are subject to change.
Gila Broadband may provide or rent various pieces of equipment to you in connection with the Services. In some cases, to use the provided equipment, you will need to review and agree to terms of service governing use of the equipment. If you lose or damage this equipment after installation, Gila Broadband may charge you a fee for replacement equipment. Equipment fees are subject to change. Unless explicitly stated otherwise on our website, Gila Broadband owns all equipment provided by Gila Broadband in connection with the Services. From time to time, Gila Broadband may offer you equipment that you may purchase in connection with the Services under separate terms to be provided with such equipment.You authorize Gila Broadband to install software upgrades on any equipment provided by Gila Broadband. You also agree not to use the Gila Broadband-owned equipment for any purpose other than using the Services.
You agree not to misuse the Services, which includes using the Services for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. Examples of misuses and prohibited activities are set forth in our Acceptable Use Policy, which is incorporated into these Terms. You are responsible for all activity on the Services, whether such activity is undertaken by you or someone else. If you are using the Services in a residence, office, or other location you do not own or control (such as a hotel, etc.), you may have agreements related to the Services with property owners, managers, or other third parties outside these Terms; Gila Broadband is not a party to such agreements and therefore is not responsible for nor bound by such agreements.
Services are intended for the use of you and others within your premises. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your premises without written authorization from Gila Broadband.
Gila Broadband makes an effort to keep its network secure, but no network security is perfect. While Gila Broadband may provide technical assistance to you, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. Gila Broadband is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.
You agree to pay any and all applicable fees for the Services you purchase, whether ordered by you, someone authorized by you or someone with access to the Services pursuant to your Gila Broadband account.
Gila Broadband will send all bills and other required notices by email to the address associated with your account. You agree to pay recurring monthly service fees in advance of the billing cycle in which you will receive the Services. You authorize Gila Broadband to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. Gila Broadband will email a bill to the email address associated with your account. The bill will indicate the date the amount you owe will be collected via your designated payment method (which may be the same date your bill is sent if permitted by applicable laws). If payment is not received due to insufficient funds or for any other reason, Gila Broadband may, consistent with applicable laws, assess late payment fees and/or suspend or terminate the Services if payment is more than thirty (30) days past due. If you request that Gila Broadband reinstate any suspended or terminated Services, Gila Broadband may charge you a reconnection fee.
Changing and Canceling Services; Termination
You may change or cancel the Services at any time, but you may be required to pay for certain fees that may have been waived when you signed up for the Service. (As noted above, any fees would have been disclosed to you during sign-up.) You may also be required to return some or all of the equipment. If you do not return this equipment, you may be required to pay a replacement fee. When you change your Service by upgrading or downgrading your package, the fees will be prorated based upon the date that your Service changes. If you request cancellation of all your Services, your Services will be available until the cancellation date you select. Once your service is disconnected, a credit for the remaining portion of the current billing cycle will be applied towards any remaining balance. Your Gila Broadband account will not be terminated until all billing obligations are resolved. If there is a credit balance at the time your account is terminated, it will be refunded to the last used payment method in your Gila Broadband account or you will receive a check to your designated mailing address. Gila Broadband reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion without notice.
Warranties and Disclaimers
We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY GILA BROADBAND OR AN AGENT THEREOF, NEITHER GILA BROADBAND NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY GILA BROADBAND, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND EQUIPMENT “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GILA BROADBAND, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, GILA BROADBAND, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. WHEN PERMITTED BY LAW, GILA BROADBAND, AND GILA BROADBAND’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We may modify these Terms to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these terms on this page by indicating the date the Terms are last modified. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service, changes regarding the launch of a new Service, or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service and contact us to change or terminate your Services.