Terms of Use The following are terms of a legal agreement between you and California Broadband Cooperative (CBC). By accessing, browsing and/or using this Web site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by CBC from its offices within the United States. CBC makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of California.
User Restrictions
The copyright in all material provided on this Site is held by CBC or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CBC or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for residential, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without CBC's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CBC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF CBC OR A CBC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Our Transmissions
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by CBC or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all residential data provided to CBC will be handled in accordance with CBC's Online Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Term of Use Revisions
CBC may at any time revise these Terms of Use without notice by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. Subscriber Agreement These Terms of Service constitute the agreement ("Agreement") between CBC ("we," "us" or “CBC”) and the user ("you," "user" or "Customer") of CBC’s internet services and any related products or services ("Service"). This Agreement governs both the Service and any devices, ("Device" or "Equipment") used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.
1. Term
Service is offered on a monthly basis for a term which begins on the date that CBC activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give CBC written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation any unbilled charges, plus a disconnect fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
2. Prohibited Uses
You agree to use the Service only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in CBC’s sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law.(iii) Customer shall comply with all applicable federal, state, or local laws, statutes, regulations, or ordinances as may now or in the future be applicable to the Customer’s use of the Services. CBC reserves the right to terminate your service immediately and without advance notice if CBC, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation any unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You are liable for any and all use of the Service by yourself and by any person making use of the Service provided to you and agree to indemnify and hold harmless CBC against any and all liability for any such use. If CBC, in its sole discretion believes that you have violated the above restrictions, CBC may forward the objectionable material, as well as your communications with CBC and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
3. Theft of Service
You agree to notify CBC immediately, in writing or by calling the CBC customer support line, if your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as CBC receives notice of the theft or fraudulent use, you will be liable for all use of the Service stolen from you and any and all stolen Service or fraudulent use of the Service.
4. Customer Theft of Services
If customer knowingly access Services that customer has not paid for, enable others to access Services that they have not paid for, or damage or alter CBC’s Equipment (or use Customer-Owned Equipment) in order to do so, Customer will have breached this agreement and possibly subjected themselves to statutory damages, fines or criminal charges. Only CBC may service Customer Use Equipment. Customer shall not allow anyone else to open, take apart or modify Customer Use Equipment.
5. Reconnection Fee Policy
Reconnection Fees and Related Charges. If you resume Service(s) after any suspension or disconnection, we require you to pay a reconnection fee of $250. These fees are in addition to all past due charges and other fees. Reconnection of the Service(s) is subject to our credit policies, this Agreement and applicable law.
6. Changes to This Agreement
CBC may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the "Service Announcements" section of CBC’s website (currently located at http://www.cbccoop.com). Such changes will become binding on Customer, on the date posted or based on applicable law to the CBC website and no further notice by CBC is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Residential Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.
7. Billing
Check Payments: Check payments can be made in person or by mail at 10621 Church Street, Suite 100, Rancho Cucamonga, CA 91730.
Returned Checks: A fifty dollar ($50.00) service fee will be applied to the current balance due on all returned checks. Any bounced checks must be replaced with a cashiers check or a money order.
Check Payments: When paying by check you will receive an emailed invoice. The invoice will be transmitted twenty-thirty (20-30) days before your due date. Invoices will be sent every ten (10) days until the account is paid or the due date passes. You will receive a payment confirmation via email when your payment is processed.
7.1 Billing Cycle
Most account services are billed monthly. All CBC services are billed in advance. Payments are credited from the account due date, not from the date the payment is received.
Grace Period/Late Fee: A grace period of five days from the due date is given for most accounts (Enterprise customers: please refer to your contract for additional terms and conditions). After five days without payment, we will send you a printed invoice reminder via postal mail along with a return envelope and payment remittance stub. The new invoice will also include an additional late fee of 1.5% of the current balance due. Late fees are posted each month the account is overdue. The late fee must be paid with the current invoice due. To prevent late fees, please sign up for Automatic Credit card Billing by contacting our Billing department.
7.2 Overdue Accounts
5 days overdue: If your account is overdue past 5 days, you will be sent an invoice reminder via postal mail along with a return envelope and a remittance stub. This invoice will include all past due charges as well as a late fee of 1.5% of your current billing.
30 days overdue: If your account is delinquent for more than 30 days it will be disabled and your account will incur a second late fee of an additional 1.5% of the current balance due. While your account is disabled you will be unable to access your email and your web access will be disabled. If your account is disabled please contact our billing department to pay by credit card or send in a check payment. Once we receive your payment in full, your account will be automatically re-enabled. If your account becomes past due, payment must be made in full before services will be restored.
40 days overdue: If your account is more than 40 days overdue, we will send you a Final Statement to close out your account, which will be due within 30 days from the Statement date.
60 or more days overdue: If your account is more than 60 days overdue and we have not received notice of cancellation, your services will be disconnected. Your account will then be sent to an outside collections agency.
7.3 Collection Fees
For any delinquent accounts that are sent to an outside collections agency, you will incur a fifty dollar ($50.00) processing fee in addition to any other service charges and late fees you have already incurred. You will be responsible for all collection costs, including reasonable attorney fees.
Billing Disputes
You must notify CBC in writing within 30 days after receiving your credit card statement if you dispute any CBC charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:
California Broadband Cooperative
10621 Church St Suite 100, Rancho Cucamonga CA 91730
OR
billing@cbc.com
OR
909-457-8441
7.4 Termination/Discontinuance of Service
CBC reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If CBC discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of CBC or of a third party provider to which CBC is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus the disconnect fee set forth in Section 4.5, all of which immediately become due and payable.
7.5 Taxes
You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service. Such amounts are in addition to payment for the Service and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you shall provide CBC with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date CBC receives such certificate.
7.6 Money Back Guarantee; Limitations and Conditions
CBC offers a 30-day Money Back Guarantee, applicable only to User’s first account, not to additional or secondary lines. Under terms of this Money Back Guarantee, CBC refunds the activation fee, first month of service, waives the disconnect fee, provided the terms described below are satisfied. Federal excise taxes and any other applicable taxes cannot be refunded. CBC reserves the right to terminate or revoke this Money Back Guarantee at any time, without prior notice. In order to be entitled to this Money Back Guarantee, User (i) must cancel service within the number of days in the Warranty Period after the account activation; (ii) must return all Devices within 14 days after cancellation pursuant to Sections and 4.6; and (iii) must not have exceeded 250 minutes of usage. User remains responsible for any charges for domestic usage in excess of the amount included within the Plan to which User subscribes, international usage (including the charges described in Section 4.9), payphone calls to Inyo toll free numbers and directory assistance.
8.1 Disclaimer of Damages
IN NO EVENT SHALL CBC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT INYO WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
8.2 Indemnification
Customer agrees to defend, indemnify, and hold harmless CBC, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney’s fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including 911dialing, or the Device. This paragraph shall survive termination of this Agreement.
8.3 No Warranties on Service
CBC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, CBC DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER CBC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO CBC’S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF CBC’S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY CBC OR CBC’S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
8.4 No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
8.5 Content
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. CBC reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if CBC determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with CBC’s ability to provide Services to you or others or receives notice from anyone that your or Users' use or Content may violate any laws or regulations. Inyo’s actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold CBC against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
9 Governing Law
The Agreement and the relationship between you and CBC shall be governed by the laws of the State of California without regard to its conflict of law provisions. CBC agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California and waive any objection as to venue or inconvenient forum. The failure of CBC to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
9.1 Entire Agreement
This Agreement and the rates for Services found on CBC’s website constitute the entire agreement between you and CBC and govern your use of the Service, superseding any prior agreements between you and CBC and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon CBC unless and until posted in accordance with Section 3 hereof.
9.2 Severability
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
10. PRIVACY
Please refer to our Privacy Policy applicable to you at www.cbccoop.com for additional information.