MiFiber Residential Subscriber Agreement

The terms of this Residential Subscriber Agreement (the “Agreement”) is made and entered into by and between Concept Communications LLC dba MiFiber (hereinafter referred to as “Company”)and the individual identified in a signed order for services (“Customer”). This Agreement sets forth the terms and conditions that govern the purchase, provision and use of the Services defined in Section 1 below as provided by Company in consideration of the mutual promises and conditions hereinafter described, Customer and Company agree as follows:  

1. Service. This Agreement sets forth the terms and conditions that govern the purchase, provision, and use of internet access services (“Internet”), Voice over IP (“Voice”), multimedia video services transported through internet access services (“IPTV”), and leased equipment (“Equipment”), collectively referred to as the “Service(s).” Customer’s activation, use, continuing to use, or payment for the Services constitutes an acceptance of these terms and agreement to use the Services only for authorized and lawful purposes in compliance with this Agreement and the Acceptable Use Policy (AUP). 
2. Use of Services. The Services are intended for residential use only. Customer is prohibited from reselling the Services to any third party. Customer is liable for all authorized and unauthorized use of the Services at the Service Location.some text
   1. Use of Internet Services. Company will provide Customer the connectivity and equipment necessary to access the internet and no other ancillary security service. Customer understands that it is responsible for procuring its own anti-virus and firewall services. Customer is solely responsible for the security of the Equipment and any other equipment it chooses to use in connection with the Services. Customer’s posting, storage, transmission, or dissemination of any sensitive or confidential information using the Internet Service is done at its sole risk. 
   2. Use of Voice Services. some text
      1. Customer understands and acknowledges that Voice services, including the ability to make calls using 911/E911 are not available if there is a problem with the network facilities including congestion or network outage, if there is an electrical power outage or interruption to the Service Location and the Equipment does not have a functioning battery backup, or if the Equipment encounters technical errors. 
      2. Customer agrees to provide the correct Service Location address to ensure 911/E911 calls are properly directed to emergency services. Customer’s relocation of Voice services to a different addressor or another location within the Service Location may cause 911/E911 calls to be directed to the wrong emergency authority, may transmit the wrong address, and/or the Voice services (including 911/E911) may not function properly.
      3. Configurations other than those of the Equipment currently offered by Company are not recommended and Customer acknowledges the use of such configurations are done at its sole risk. 
      4. In the event Customer’s Order, or this Agreement is terminated or suspended, Customer will no longer have access to Voice, including 911/E911.
      5. CUSTOMER ACKNOWLEDGES AND ACCEPTS ANY LIMITATIONS OF 911/E911. CUSTOMER AGREES TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY PLACE CALLS OVER THE SERVICES.
3. Orders. Customer must submit requests for Service (“Order”) in the form designated by Company. The rates detailed in an Order do not include any taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Upon receipt and acceptance of a fully executed Order, Company will contact Customer to schedule all necessary installation or pre-installation appointments, collect additional installation site information, and provide an estimated installation date. 
4. Leased Equipment. Company will provide the routers and/or modems necessary to provide the Services at the site determined in the Order (“Service Location”). Such Equipment shall remain the property of Company regardless of where installed within a Service Location and shall not be considered a fixture or an addition to the land or the Service Location. Company grants Customer a fully revocable, non-exclusive, limited license to use the equipment in exchange for compliance with the terms of this Agreement and the payment of a monthly lease amount, the fee for which is provided in each Order. some text
   1. Customer shall not move, rearrange, attempt to repair, or otherwise tamper with any Equipment for any purpose other than that authorized by this Agreement, an Order, or under direction of a Company employee. 
   2. Company shall maintain Equipment in good operating condition during the term of the Order; provided however that such maintenance shall be at Company’s expense only to the extent that it is related to and/or resulting from the ordinary and proper use of the Equipment. 
   3. Customer is responsible for damage to, or loss of, Equipment caused by its acts or omissions, noncompliance with this Section 4, allowing others to claim a title of lien or encumbrance that impairs Company’s title, or by fire, theft, or other casualty at the Customer’s Service Location.
5. Maintenance. Company may perform maintenance upon any part of its systems, facilities, network or equipment at any time. Such maintenance will not normally result in Service interruption. In the event such maintenance event is deemed necessary due to a force majeure event, Company will notify Customer of Service Interruption and estimated repair time if practicable. 
6. Access. Customer will ensure that a person over the age of 18 is present during any repair or installation activity on the Customer’s property, such dates and times as are mutually agreed and scheduled by Customer and Company. Customer understands that if no person over the age of 18 is present, Company will reschedule the visit and additional charges may apply. 
7. Term. This contract is valid and enforceable starting on the service connection start date through the first year anniversary thereof (the “Initial Term”). Unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or any subsequent renewal term, this Agreement shall automatically renew on a month-to-month basis until terminated by either party.
8. Billing, Rates, and Payment Terms.some text
   1. Commencement of Billing. Unless otherwise set forth in an Order, Company will deliver an electronic notice to Customer when Service is installed (“Connection Notice”), at which time billing will commence. If Customer notifies Company within 3 days after delivery of the Connection Notice that Service is not functioning properly, Company will correct any deficiencies and, provided that such deficiencies were attributed to Company, upon Customer’s request Company will credit Customer’s account in the amount of 1/30th of the applicable monthly recurring charge for each day the Service did not function properly. If Company cannot complete installation due to Customer delay or inaction, Company may begin charging Customer for the Service, and Customer will pay such charges. 
   2. Rates and Charges. Customer is responsible for any charges associated with the Service and Order, including without limitation: Equipment lease charges, monthly Service charges, charges related to installation, maintenance, delivery, technician visits, changes to an Order affecting amounts due, taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Taxes, tax-related charges, fees, surcharges, or other amounts assessed by Company may change at any time during the Order term. Company may adjust the monthly rates of an Order at any time following the initial term upon 25 days prior written notice. 
   3. Payment. Charges are billed monthly in advance and due no later than 30 days following the date of the invoice. Installation or other non-refundable or one-time charges shall be included as part of the first invoice, unless otherwise determined by Company as detailed in an Order. Company may charge an additional administrative fee for delivery of paper invoices. some text
      1. Company may, in its sole discretion, suspend or terminate an Order at any time following the last day a payment is due. 
      2. Payments made after 30 days will accrue interest at a rate of 1.5% per month, or the highest rate allowed by applicable law in the state in which Service is provided. 
      3. In the event Customer wishes to bring a good faith dispute in relation to amounts invoiced, Customer must remit all undisputed amounts and provide a written explanation detailing the dispute within 30 days of the invoice date. The Parties will cooperate in good faith to resolve any such dispute within 30 days of the due date of the disputed invoice. Disputed amounts determined to be properly invoiced by Company may be subject to the late fees under Section 4(c)(ii) above. 
9. Termination. some text
   1. Customer Termination for Cause. Customer may terminate this Agreement for cause in the event a Company has breached any material provision of this Agreement, provided that written notice of the breach has been delivered to Company and the breach has not been cured within 15 days. 
   2. Company Termination for Cause. Company may immediately terminate this Agreement for cause in the event Customer has breached any material provision of this agreement including, but not limited to: some text
      1. The failure of Customer to pay any non-disputed amounts due within 30 days of the invoice date;
      2. Customer’s breach of any provision of this Agreement or any policy, law, rule or regulation governing the Services;
      3. Customer’s provision of false information regarding its identity, creditworthiness, or its planned use of the Services; or 
      4. If Company deems it necessary to take any reasonable action, in its sole discretion, to protect its property, rights, ability to deliver services, or the delivery of services to existing and potential customers of Company. 
   3. Early Termination Charges. If Customer terminates any Order for reasons other than cause or Company terminates any Order for Cause, Customer will owe charges for early termination of services as follows: some text
      1. If a Connection Notice has been issued, Customer will pay all accrued but unpaid charges incurred through the date of such termination, plus 100% of the remaining monthly charges under the Order term, plus any installation charges. In the event Customer has signed an Order during a promotional period and installation charges were credited, such credit will be reversed and be assessed as part of the total charge to Customer’s account. 
      2. If a Connection Notice has not been issued, Customer will pay the one-time installation charge and no other amount. 
      3. Customer acknowledges and agrees that Company’s damages in the event of early termination are difficult or impossible to determine. The charges identified in this Section 5(c) are intended to establish liquidated damages in the event of termination and not a penalty. 
      4. Customer initiated terminations will occur on the 30th day following the receipt of Customer’s 30 days written notice. Customer may request a termination date later than 30 days, but not sooner. Upon termination, Customer will deliver or allow Company to recover all Equipment within 15 days. Customer’s failure to make reasonable effort to return Equipment may result in an assessment for the replacement cost of such Equipment.
10. Representations and Warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, COMPANY DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL MEET CUSTOMER NEEDS, PERFORM AT A PARTICULAR RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM INTERFERENCE, DISABLING CODE OR CONDITIONS, OR THE LIKE. ADVICE OR INFORMATION GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY OF ANY KIND. USE OF THE SERVICES AND TECHNICAL SUPPORT IS AT CUSTOMER’S OWN RISK AND IS NOT WARRANTED EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN. COMPANY AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT, SOFTWARE AND SUPPORT, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS AND THAT ALL USE, DATA AND INFORMATION TRANSFERRED IN USE OF THE SERVICES IS DONE AT CUSTOMER’S SOLE RISK.
11. Limitation of Liability COMPANY, ITS PARTNERS, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (collectively “THE COMPANY”) SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER OR ANY THIRD-PARTY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES (INCLUDING ANY PUNITIVE,SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INVLUDING BUT NOT LIMITED TO DAMAGES OF LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY DAMAGES WHATSOEVER DUE TO AN INABILITY TO DIAL 911/E911 USING THE SERVICE(S), AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL, OR (c) ANY CLAIMS AGAINST CUSTOMER BY ANY THIRD PARTY) SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT OR ANY THEORY OF LAW OR EQUITY RELATED TO COMPANY’S SALE AND DELIVERY OF SERVICES, COMPANY’S ACTIONS OR INACTIONS REGARDLESS OF NEGLIGENCE, CUSTOMER’S USE OF THE SERVICES, CUSTOMER’S ACTIONS, INACTIONS OR NEGLIGENCE, USE OF APPLICATIONS BY CUSTOMER, ACCESS BY OTHERS TO CUSTOMER’S EQUIPMENT OR LEASED EQUIPMENT, OR THE FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THIS AGREEMENT INCLUDING 911/E911 SERVICES. 
12. Force Majeure.  Neither party is liable for any failure of performance if such failure is due to any cause or causes beyond a party’s reasonable control, including without limitation, acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, labor difficulties and supplier failures. Customer’s invocation of this clause shall not relieve Customer of its obligation to pay for any services received. In the event such failure continues for 60 days, either party may terminate the affected portion of the Order without further liability. 
13. Indemnity. Customer agrees to indemnify, defend and hold harmless Company and its partners, representatives, affiliates, officers, directors, employees, and agents of Company from any and all losses or damages arising from any and all claims, liabilities, losses, damages and costs brought by any third party or user of the Services of any kind arising out of Customer’s receipt and use of the Services, a failure or outage of the services (including those related to 911/E911), or any entry by a Company employee, agent, representative or affiliate upon Customer’s property. Such duty to indemnify includes any act, omission, or failure to act, and any violation of any third-party intellectual property right. Customer agrees not to acquiesce to any judgment or enter into any settlement that adversely affects Company’s rights or interests without Company’s prior written consent. 
14. Choice of Law, Venue. This Agreement shall be governed by the laws of the State of Washington and the state and federal courts of King County, without giving effect to any principles of conflicts of law. Customer agrees not to raise, and hereby waives, any objections or defenses based upon venue or forum non-conveniens. Prior to initiating any legal action arising under or relating to this Agreement, the aggrieved party shall provide the other party written notice of a dispute and the Parties shall actively and in good faith negotiate a resolution within 30 days of such notice.
15. Attorney Fees.  In the event of any dispute brought to litigation under this Agreement, the prevailing Party is entitled to reimbursement of its costs and attorneys’ fees (whether incurred at arbitration, at trial or on appeal) from the other Party. 
16. Waivers.  No waiver of any provision, failure to enforce, or unenforced breach of this Agreement by Company shall be effective unless such waiver is given in a signed writing. Any such waiver shall not be construed to be a waiver of any other provision of this Agreement.
17. Use of Name and Trademarks. Neither Party shall use the logo, trademark, or service mark of the other Party without the express written consent of the other Party. Notwithstanding the limitations provided in Section 18 of this Agreement, Company may use Customer’s name as part of standard sales and marketing activities. Company’s use of such information shall not create any representation of product or service endorsement by Customer, and shall not exceed direct sales and marketing activities, customer examples, use-case examples, and subject matter blog posts without prior written consent from Customer. Customer may revoke or limit this Section 17 at any time without affect to any other terms or conditions provided in this Agreement by providing notice to Company pursuant to Section 19.   
18. Confidentiality.  Each Party hereto shall treat all information made available or disclosed to, or developed or obtained by, the other party as the result of or related to this Agreement (“Confidential Information”) as confidential, and shall not disclose or use Confidential Information for the benefit of any person other than Customer and Company, as the case may be; provided the following information shall not be treated as Confidential Information: (a) information that a Party can demonstrate was rightfully in that Party’s possession prior to the date of disclosure by the other Party, (b) information that a Party received from a third party that had a right to make such information available, and (c) information that a Party can demonstrate was independently developed by or on behalf of said Party, provided further, that Customer and Company shall have no obligation with respect to that portion of Confidential Information which is in or enters the public domain through no wrongful act of either Party, or which must be disclosed to others by order of a governmental agency,  legislative body, or a court of competent jurisdiction. If either Party receives a request for Confidential Information from a third party, the Party receiving such notice shall promptly notify the other Party in writing of such request, and if the Party receiving such notice in good faith believes it is obligated to disclose the requested Confidential Information, the other Party shall be given the opportunity to seek judicial or other protection of such Confidential Information, with the cooperation of the Party receiving such notice.
19. Notices. All notices, requests, demands or other communications which are required or may be given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been duly given (a) on the date of delivery if personally delivered by hand or (b) two days after transmitted if sent by e-mail to the appropriate contact of record; or (c) in the case of notices not specific to a Customer account, when posted to the Company website; or (d) upon the third day after such notice is (i) deposited in the United States mail, if mailed by registered or certified mail, postage prepaid, return receipt requested, (ii) sent by a nationally recognized overnight express courier, or (iii) by facsimile upon written confirmation. Customer is responsible for providing a current mailing address, contact phone, e-mail and facsimile number (if applicable) to Company throughout the term of service. If to Company notices should be sent to:

Address: 412 S Union Ave, Newport, WA 99156

Attn: Customer Service

Email: support@mifiber.net

Telephone No.: (208) 437-4544

1. Changes to this Agreement. Company may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all prior Agreements published to the Company website not otherwise negotiated and mutually executed by the Parties.  Notices are considered given and effective on the date posted on the Company website, or the date Company notifies Customer of changes through any of the following: email, postcard, letter, recorded announcement, message on Customer’s bill, an insert in Customer’s bill, or a call to Customer’s telephone number, whichever occurs first. Customer’s continued use of, or payment for Services for 30 days after notice that any such changes have occurred, including changes in prices, taxes and other surcharges, and/or the terms of this Agreement or any other policy that Company maintains, shall be considered an acceptance of such changes by Customer.
2. Assignment. Customer shall not assign, pledge, transfer or otherwise convey all or any part of the rights and privileges granted by this Agreement in any manner without prior written consent of Company, which consent it will not unreasonably withhold. Any transfer of this Agreement by merger, consolidation or liquidation of Customer shall constitute an assignment for purposes of this Section. 
3. Relationship of Parties. In the performance of its responsibilities hereunder, Customer and Company are, and at all times shall be independent contractors. Neither Customer or Company shall have any power or authority to bind the other Party or to assume or create any obligation or responsibility, express or implied, on behalf or in the name of the other Party, except as expressly authorized under this Agreement, or as expressly authorized in writing by the other Party. 
4. Severability. If any of the terms or conditions in this agreement are duly found to be invalid or unenforceable by a court or government body of competent jurisdiction, the subject terms shall be construed and interpreted as necessary to reflect the intent of the Parties. All other terms and conditions of this agreement shall remain in full force and effect.
5. Entire Agreement. This Agreement, and any addendums, attachments, exhibits, Orders and other documents created or issued by Company for the provision of Services are incorporated herein and constitute the entire agreement between the Parties with respect to its subject matter and supersede all other representations, understandings or agreements that are not expressed herein, whether oral, written or otherwise. Except as otherwise set forth in this Agreement, no amendment to this Agreement shall be valid unless made in writing and signed by both parties.  

MiFiber Nokia Residential Subscriber Agreement

The terms of this Residential Subscriber Agreement (the “Agreement”) is made and entered into by and between Concept Communications LLC dba MiFiber (hereinafter referred to as “Company”)and the individual identified in a signed order for services (“Customer”). This Agreement sets forth the terms and conditions that govern the purchase, provision and use of the Services defined in Section 1 below as provided by Company in consideration of the mutual promises and conditions hereinafter described, Customer and Company agree as follows:  

1. Service. This Agreement sets forth the terms and conditions that govern the purchase, provision, and use of internet access services (“Internet”), Voice over IP (“Voice”), multimedia video services transported through internet access services (“IPTV”), and leased equipment (“Equipment”), collectively referred to as the “Service(s).” Customer’s activation, use, continuing to use, or payment for the Services constitutes an acceptance of these terms and agreement to use the Services only for authorized and lawful purposes in compliance with this Agreement and the Acceptable Use Policy (AUP). 
2. Use of Services. The Services are intended for residential use only. Customer is prohibited from reselling the Services to any third party. Customer is liable for all authorized and unauthorized use of the Services at the Service Location.some text
   1. Use of Internet Services. Company will provide Customer the connectivity and equipment necessary to access the internet and no other ancillary security service. Customer understands that it is responsible for procuring its own anti-virus and firewall services. Customer is solely responsible for the security of the Equipment and any other equipment it chooses to use in connection with the Services. Customer’s posting, storage, transmission, or dissemination of any sensitive or confidential information using the Internet Service is done at its sole risk. 
   2. Use of Voice Services. some text
      1. Customer understands and acknowledges that Voice services, including the ability to make calls using 911/E911 are not available if there is a problem with the network facilities including congestion or network outage, if there is an electrical power outage or interruption tothe Service Location and the Equipment does not have a functioningbattery backup, or if the Equipment encounters technical errors. 
      2. Customer agrees to provide the correct Service Location address to ensure 911/E911 calls are properly directed to emergency services. Customer’s relocation of Voice services to a different addressor or another location within the Service Location may cause 911/E911 calls to be directed to the wrong emergency authority, may transmit the wrong address, and/or the Voice services (including 911/E911) may not function properly.
      3. Configurations other than those of the Equipment currently offered by Company are not recommended and Customer acknowledges the use of such configurations are done at its sole risk. 
      4. In the event Customer’s Order, or this Agreement is terminated or suspended, Customer will no longer have access to Voice, including 911/E911.
      5. CUSTOMER ACKNOWLEDGES AND ACCEPTS ANY LIMITATIONS OF 911/E911. CUSTOMER AGREES TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY PLACE CALLS OVER THE SERVICES.
3. Orders. Customer must submit requests for Service (“Order”) in the form designated by Company. The rates detailed in an Order do not include any taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Upon receipt and acceptance of a fully executed Order, Company will contact Customer to schedule all necessary installation or pre-installation appointments, collect additional installation site information, and provide an estimated installation date. 
4. Leased Equipment. Company will provide the routers and/or modems necessary to provide the Services at the site determined in the Order (“Service Location”). Such Equipment shall remain the property of Company regardless of where installed within a Service Location and shall not be considered a fixture or an addition to the land or the Service Location. Company grants Customer a fully revocable, non-exclusive, limited license to use the equipment in exchange for compliance with the terms of this Agreement and the payment of a monthly lease amount, the fee for which is provided in each Order. some text
   1. Customer shall not move, rearrange, attempt to repair, or otherwise tamper with any Equipment for any purpose other than that authorized by this Agreement, an Order, or under direction of a Company employee. 
   2. Company shall maintain Equipment in good operating condition during the term of the Order; provided however that such maintenance shall be at Company’s expense only to the extent that it is related to and/or resulting from the ordinary and proper use of the Equipment. 
   3. Customer is responsible for damage to, or loss of, Equipment caused by its acts or omissions, noncompliance with this Section 4, allowing others to claim a title of lien or encumbrance that impairs Company’s title, or by fire, theft, or other casualty at the Customer’s Service Location.
5. Maintenance. Company may perform maintenance upon any part of its systems, facilities, network or equipment at any time. Such maintenance will not normally result in Service interruption. In the event such maintenance event is deemed necessary due to a force majeure event, Company will notify Customer of Service Interruption and estimated repair time if practicable. 
6. Access. Customer will ensure that a person over the age of 18 is present during any repair or installation activity on the Customer’s property, such dates and times as are mutually agreed and scheduled by Customer and Company. Customer understands that if no person over the age of 18 is present, Company will reschedule the visit and additional charges may apply. 
7. Term. This contract is valid and enforceable starting on the service connection start date through the first year anniversary thereof (the “Initial Term”). Unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or any subsequent renewal term, this Agreement shall automatically renew on a month-to-month basis until terminated by either party.
8. Billing, Rates, and Payment Terms.some text
   1. Commencement of Billing. Unless otherwise set forth in an Order, Company will deliver an electronic notice to Customer when Service is installed (“Connection Notice”), at which time billing will commence. If Customer notifies Company within 3 days after delivery of the Connection Notice that Service is not functioning properly, Company will correct any deficiencies and, provided that such deficiencies were attributed to Company, upon Customer’s request Company will credit Customer’s account in the amount of 1/30th of the applicable monthly recurring charge for each day the Service did not function properly. If Company cannot complete installation due to Customer delay or inaction, Company may begin charging Customer for the Service, and Customer will pay such charges. 
   2. Rates and Charges. Customer is responsible for any charges associated with the Service and Order, including without limitation: Equipment lease charges, monthly Service charges, charges related to installation, maintenance, delivery, technician visits, changes to an Order affecting amounts due, taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Taxes, tax-related charges, fees, surcharges, or other amounts assessed by Company may change at any time during the Order term. Company may adjust the monthly rates of an Order at any time following the initial term upon 25 days prior written notice. 
   3. Payment. Charges are billed monthly in advance and due no later than 30 days following the date of the invoice. Installation or other non-refundable or one-time charges shall be included as part of the first invoice, unless otherwise determined by Company as detailed in an Order. Company may charge an additional administrative fee for delivery of paper invoices. some text
      1. Company may, in its sole discretion, suspend or terminate an Order at any time following the last day a payment is due. 
      2. Payments made after 30 days will accrue interest at a rate of 1.5% per month, or the highest rate allowed by applicable law in the state in which Service is provided. 
      3. In the event Customer wishes to bring a good faith dispute in relation to amounts invoiced, Customer must remit all undisputed amounts and provide a written explanation detailing the dispute within 30 days of the invoice date. The Parties will cooperate in good faith to resolve any such dispute within 30 days of the due date of the disputed invoice. Disputed amounts determined to be properly invoiced by Company may be subject to the late fees under Section 4(c)(ii) above. 
9. Termination. some text
   1. Customer Termination for Cause. Customer may terminate this Agreement for cause in the event a Company has breached any material provision of this Agreement, provided that written notice of the breach has been delivered to Company and the breach has not been cured within 15 days. 
   2. Company Termination for Cause. Company may immediately terminate this Agreement for cause in the event Customer has breached any material provision of this agreement including, but not limited to: some text
      1. The failure of Customer to pay any non-disputed amounts due within 30 days of the invoice date;
      2. Customer’s breach of any provision of this Agreement or any policy, law, rule or regulation governing the Services;
      3. Customer’s provision of false information regarding its identity, creditworthiness, or its planned use of the Services; or 
      4. If Company deems it necessary to take any reasonable action, in its sole discretion, to protect its property, rights, ability to deliver services, or the delivery of services to existing and potential customers of Company. 
   3. Early Termination Charges. If Customer terminates any Order for reasons other than cause or Company terminates any Order for Cause, Customer will owe charges for early termination of services as follows: some text
      1. If a Connection Notice has been issued, Customer will pay all accrued but unpaid charges incurred through the date of such termination, plus 100% of the remaining monthly charges under the Order term, plus any installation charges. In the event Customer has signed an Order during a promotional period and installation charges were credited, such credit will be reversed and be assessed as part of the total charge to Customer’s account. 
      2. If a Connection Notice has not been issued, Customer will pay the one-time installation charge and no other amount. 
      3. Customer acknowledges and agrees that Company’s damages in the event of early termination are difficult or impossible to determine. The charges identified in this Section 5(c) are intended to establish liquidated damages in the event of termination and not a penalty. 
      4. Customer initiated terminations will occur on the 30th day following the receipt of Customer’s 30 days written notice. Customer may request a termination date later than 30 days, but not sooner. Upon termination, Customer will deliver or allow Company to recover all Equipment within 15 days. Customer’s failure to make reasonable effort to return Equipment may result in an assessment for the replacement cost of such Equipment.
10. Representations and Warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, COMPANY DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL MEET CUSTOMER NEEDS, PERFORM AT A PARTICULAR RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM INTERFERENCE, DISABLING CODE OR CONDITIONS, OR THE LIKE. ADVICE OR INFORMATION GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY OF ANY KIND. USE OF THE SERVICES AND TECHNICAL SUPPORT IS AT CUSTOMER’S OWN RISK AND IS NOT WARRANTED EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN. COMPANY AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT, SOFTWARE AND SUPPORT, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS AND THAT ALL USE, DATA AND INFORMATION TRANSFERRED IN USE OF THE SERVICES IS DONE AT CUSTOMER’S SOLE RISK.
11. Limitation of Liability COMPANY, ITS PARTNERS, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (collectively “THE COMPANY”) SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER OR ANY THIRD-PARTY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES (INCLUDING ANY PUNITIVE,SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INVLUDING BUT NOT LIMITED TO DAMAGES OF LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY DAMAGES WHATSOEVER DUE TO AN INABILITY TO DIAL 911/E911 USING THE SERVICE(S), AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL, OR (c) ANY CLAIMS AGAINST CUSTOMER BY ANY THIRD PARTY) SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT OR ANY THEORY OF LAW OR EQUITY RELATED TO COMPANY’S SALE AND DELIVERY OF SERVICES, COMPANY’S ACTIONS OR INACTIONS REGARDLESS OF NEGLIGENCE, CUSTOMER’S USE OF THE SERVICES, CUSTOMER’S ACTIONS, INACTIONS OR NEGLIGENCE, USE OF APPLICATIONS BY CUSTOMER, ACCESS BY OTHERS TO CUSTOMER’S EQUIPMENT OR LEASED EQUIPMENT, OR THE FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THIS AGREEMENT INCLUDING 911/E911 SERVICES. 
12. Force Majeure.  Neither party is liable for any failure of performance if such failure is due to any cause or causes beyond a party’s reasonable control, including without limitation, acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, labor difficulties and supplier failures. Customer’s invocation of this clause shall not relieve Customer of its obligation to pay for any services received. In the event such failure continues for 60 days, either party may terminate the affected portion of the Order without further liability. 
13. Indemnity. Customer agrees to indemnify, defend and hold harmless Company and its partners, representatives, affiliates, officers, directors, employees, and agents of Company from any and all losses or damages arising from any and all claims, liabilities, losses, damages and costs brought by any third party or user of the Services of any kind arising out of Customer’s receipt and use of the Services, a failure or outage of the services (including those related to 911/E911), or any entry by a Company employee, agent, representative or affiliate upon Customer’s property. Such duty to indemnify includes any act, omission, or failure to act, and any violation of any third-party intellectual property right. Customer agrees not to acquiesce to any judgment or enter into any settlement that adversely affects Company’s rights or interests without Company’s prior written consent. 
14. Choice of Law, Venue. This Agreement shall be governed by the laws of the State of Washington and the state and federal courts of King County, without giving effect to any principles of conflicts of law. Customer agrees not to raise, and hereby waives, any objections or defenses based upon venue or forum non-conveniens. Prior to initiating any legal action arising under or relating to this Agreement, the aggrieved party shall provide the other party written notice of a dispute and the Parties shall actively and in good faith negotiate a resolution within 30 days of such notice.
15. Attorney Fees.  In the event of any dispute brough to litigation under this Agreement, the prevailing Party is entitled to reimbursement of its costs and attorneys’ fees (whether incurred at arbitration, at trial or on appeal) from the other Party. 
16. Waivers.  No waiver of any provision, failure to enforce, or unenforced breach of this Agreement by Company shall be effective unless such waiver is given in a signed writing. Any such waiver shall not be construed to be a waiver of any other provision of this Agreement.
17. Use of Name and Trademarks. Neither Party shall use the logo, trademark, or service mark of the other Party without the express written consent of the other Party. Notwithstanding the limitations provided in Section 18 of this Agreement, Company may use Customer’s name as part of standard sales and marketing activities. Company’s use of such information shall not create any representation of product or service endorsement by Customer, and shall not exceed direct sales and marketing activities, customer examples, use-case examples, and subject matter blog posts without prior written consent from Customer. Customer may revoke or limit this Section 17 at any time without affect to any other terms or conditions provided in this Agreement by providing notice to Company pursuant to Section 19.   
18. Confidentiality.  Each Party hereto shall treat all information made available or disclosed to, or developed or obtained by, the other party as the result of or related to this Agreement (“Confidential Information”) as confidential, and shall not disclose or use Confidential Information for the benefit of any person other than Customer and Company, as the case may be; provided the following information shall not be treated as Confidential Information: (a) information that a Party can demonstrate was rightfully in that Party’s possession prior to the date of disclosure by the other Party, (b) information that a Party received from a third party that had a right to make such information available, and (c) information that a Party can demonstrate was independently developed by or on behalf of said Party, provided further, that Customer and Company shall have no obligation with respect to that portion of Confidential Information which is in or enters the public domain through no wrongful act of either Party, or which must be disclosed to others by order of a governmental agency,  legislative body, or a court of competent jurisdiction. If either Party receives a request for Confidential Information from a third party, the Party receiving such notice shall promptly notify the other Party in writing of such request, and if the Party receiving such notice in good faith believes it is obligated to disclose the requested Confidential Information, the other Party shall be given the opportunity to seek judicial or other protection of such Confidential Information, with the cooperation of the Party receiving such notice.
19. Notices. All notices, requests, demands or other communications which are required or may be given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been duly given (a) on the date of delivery if personally delivered by hand or (b) two days after transmitted if sent by e-mail to the appropriate contact of record; or (c) in the case of notices not specific to a Customer account, when posted to the Company website; or (d) upon the third day after such notice is (i) deposited in the United States mail, if mailed by registered or certified mail, postage prepaid, return receipt requested, (ii) sent by a nationally recognized overnight express courier, or (iii) by facsimile upon written confirmation. Customer is responsible for providing a current mailing address, contact phone, e-mail and facsimile number (if applicable) to Company throughout the term of service. If to Company notices should be sent to:

Address: 412 S Union Ave, Newport, WA 99156

Attn: Customer Service

Email: support@mifiber.net

Telephone No.: (208) 437-4544

1. Changes to this Agreement. Company may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all prior Agreements published to the Company website not otherwise negotiated and mutually executed by the Parties.  Notices are considered given and effective on the date posted on the Company website, or the date Company notifies Customer of changes through any of the following: email, postcard, letter, recorded announcement, message on Customer’s bill, an insert in Customer’s bill, or a call to Customer’s telephone number, whichever occurs first. Customer’s continued use of, or payment for Services for 30 days after notice that any such changes have occurred, including changes in prices, taxes and other surcharges, and/or the terms of this Agreement or any other policy that Company maintains, shall be considered an acceptance of such changes by Customer.
2. Assignment. Customer shall not assign, pledge, transfer or otherwise convey all or any part of the rights and privileges granted by this Agreement in any manner without prior written consent of Company, which consent it will not unreasonably withhold. Any transfer of this Agreement by merger, consolidation or liquidation of Customer shall constitute an assignment for purposes of this Section. 
3. Relationship of Parties. In the performance of its responsibilities hereunder, Customer and Company are, and at all times shall be independent contractors. Neither Customer or Company shall have any power or authority to bind the other Party or to assume or create any obligation or responsibility, express or implied, on behalf or in the name of the other Party, except as expressly authorized under this Agreement, or as expressly authorized in writing by the other Party. 
4. Severability. If any of the terms or conditions in this agreement are duly found to be invalid or unenforceable by a court or government body of competent jurisdiction, the subject terms shall be construed and interpreted as necessary to reflect the intent of the Parties. All other terms and conditions of this agreement shall remain in full force and effect.
5. Entire Agreement. This Agreement, and any addendums, attachments, exhibits, Orders and other documents created or issued by Company for the provision of Services are incorporated herein and constitute the entire agreement between the Parties with respect to its subject matter and supersede all other representations, understandings or agreements that are not expressed herein, whether oral, written or otherwise. Except as otherwise set forth in this Agreement, no amendment to this Agreement shall be valid unless made in writing and signed by both parties.  

MiFiber Nokia Business Subscriber Agreement

The terms of this Business Subscriber Agreement (the “Agreement”) is made and entered into by and between Concept Communications LLC dba MiFiber (hereinafter referred to as “Company”)and the individual identified in a signed order for services (“Customer”). This Agreement sets forth the terms and conditions that govern the purchase, provision and use of the Services defined in Section 1 below as provided by Company in consideration of the mutual promises and conditions hereinafter described, Customer and Company agree as follows:  

1. Service. This Agreement sets forth the terms and conditions that govern the purchase, provision, and use of internet access services (“Internet”), Voice over IP (“Voice”), multimedia video services transported through internet access services (“IPTV”), and leased equipment (“Equipment”), collectively referred to as the “Service(s).” Customer’s activation, use, continuing to use, or payment for the Services constitutes an acceptance of these terms and agreement to use the Services only for authorized and lawful purposes in compliance with this Agreement and the Acceptable Use Policy (AUP). 
2. Use of Services. The Services are intended for single location use only. Customer is prohibited from reselling the Services to any third party. Customer is liable for all authorized and unauthorized use of the Services at the Service Location.some text
   1. Use of Internet Services. Company will provide Customer the connectivity and equipment necessary to access the internet and no other ancillary security service. Customer understands that it is responsible for procuring its own anti-virus and firewall services. Customer is solely responsible for the security of the Equipment and any other equipment it chooses to use in connection with the Services. Customer’s posting, storage, transmission, or dissemination of any sensitive or confidential information using the Internet Service is done at its sole risk. 
   2. Use of Voice Services. some text
      1. Customer understands and acknowledges that Voice services, including the ability to make calls using 911/E911 are not available if there is a problem with the network facilities including congestion or network outage, if there is an electrical power outage or interruption tothe Service Location and the Equipment does not have a functioningbattery backup, or if the Equipment encounters technical errors. 
      2. Customer agrees to provide the correct Service Location address to ensure 911/E911 calls are properly directed to emergency services. Customer’s relocation of Voice services to a different addressor or another location within the Service Location may cause 911/E911 calls to be directed to the wrong emergency authority, may transmit the wrong address, and/or the Voice services (including 911/E911) may not function properly.
      3. Configurations other than those of the Equipment currently offered by Company are not recommended and Customer acknowledges the use of such configurations are done at its sole risk. 
      4. In the event Customer’s Order, or this Agreement is terminated or suspended, Customer will no longer have access to Voice, including 911/E911.
      5. CUSTOMER ACKNOWLEDGES AND ACCEPTS ANY LIMITATIONS OF 911/E911. CUSTOMER AGREES TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY PLACE CALLS OVER THE SERVICES.
3. Orders. Customer must submit requests for Service (“Order”) in the form designated by Company. The rates detailed in an Order do not include any taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Upon receipt and acceptance of a fully executed Order, Company will contact Customer to schedule all necessary installation or pre-installation appointments, collect additional installation site information, and provide an estimated installation date. 
4. Leased Equipment. Company will provide the routers and/or modems necessary to provide the Services at the site determined in the Order (“Service Location”). Such Equipment shall remain the property of Company regardless of where installed within a Service Location and shall not be considered a fixture or an addition to the land or the Service Location. Company grants Customer a fully revocable, non-exclusive, limited license to use the equipment in exchange for compliance with the terms of this Agreement and the payment of a monthly lease amount, the fee for which is provided in each Order. some text
   1. Customer shall not move, rearrange, attempt to repair, or otherwise tamper with any Equipment for any purpose other than that authorized by this Agreement, an Order, or under direction of a Company employee. 
   2. Company shall maintain Equipment in good operating condition during the term of the Order; provided however that such maintenance shall be at Company’s expense only to the extent that it is related to and/or resulting from the ordinary and proper use of the Equipment. 
   3. Customer is responsible for damage to, or loss of, Equipment caused by its acts or omissions, noncompliance with this Section 4, allowing others to claim a title of lien or encumbrance that impairs Company’s title, or by fire, theft, or other casualty at the Customer’s Service Location.
5. Maintenance. Company may perform maintenance upon any part of its systems, facilities, network or equipment at any time. Such maintenance will not normally result in Service interruption. In the event such maintenance event is deemed necessary due to a force majeure event, Company will notify Customer of Service Interruption and estimated repair time if practicable. 
6. Access. Customer will ensure that a person over the age of 18 is present during any repair or installation activity on the Customer’s property, such dates and times as are mutually agreed and scheduled by Customer and Company. Customer understands that if no person over the age of 18 is present, Company will reschedule the visit and additional charges may apply. 
7. Term. This contract is valid and enforceable starting on the service connection start date through the first year anniversary thereof (the “Initial Term”). Unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or any subsequent renewal term, this Agreement shall automatically renew on a month-to-month basis until terminated by either party.
8. Billing, Rates, and Payment Terms.some text
   1. Commencement of Billing. Unless otherwise set forth in an Order, Company will deliver an electronic notice to Customer when Service is installed (“Connection Notice”), at which time billing will commence. If Customer notifies Company within 3 days after delivery of the Connection Notice that Service is not functioning properly, Company will correct any deficiencies and, provided that such deficiencies were attributed to Company, upon Customer’s request Company will credit Customer’s account in the amount of 1/30th of the applicable monthly recurring charge for each day the Service did not function properly. If Company cannot complete installation due to Customer delay or inaction, Company may begin charging Customer for the Service, and Customer will pay such charges. 
   2. Rates and Charges. Customer is responsible for any charges associated with the Service and Order, including without limitation: Equipment lease charges, monthly Service charges, charges related to installation, maintenance, delivery, technician visits, changes to an Order affecting amounts due, taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Taxes, tax-related charges, fees, surcharges, or other amounts assessed by Company may change at any time during the Order term. Company may adjust the monthly rates of an Order at any time following the initial term upon 25 days prior written notice. 
   3. Payment. Charges are billed monthly in advance and due no later than 30 days following the date of the invoice. Installation or other non-refundable or one-time charges shall be included as part of the first invoice, unless otherwise determined by Company as detailed in an Order. Company may charge an additional administrative fee for delivery of paper invoices. some text
      1. Company may, in its sole discretion, suspend or terminate an Order at any time following the last day a payment is due. 
      2. Payments made after 30 days will accrue interest at a rate of 1.5% per month, or the highest rate allowed by applicable law in the state in which Service is provided. 
      3. In the event Customer wishes to bring a good faith dispute in relation to amounts invoiced, Customer must remit all undisputed amounts and provide a written explanation detailing the dispute within 30 days of the invoice date. The Parties will cooperate in good faith to resolve any such dispute within 30 days of the due date of the disputed invoice. Disputed amounts determined to be properly invoiced by Company may be subject to the late fees under Section 4(c)(ii) above. 
9. Termination. some text
   1. Customer Termination for Cause. Customer may terminate this Agreement for cause in the event a Company has breached any material provision of this Agreement, provided that written notice of the breach has been delivered to Company and the breach has not been cured within 15 days. 
   2. Company Termination for Cause. Company may immediately terminate this Agreement for cause in the event Customer has breached any material provision of this agreement including, but not limited to: some text
      1. The failure of Customer to pay any non-disputed amounts due within 30 days of the invoice date;
      2. Customer’s breach of any provision of this Agreement or any policy, law, rule or regulation governing the Services;
      3. Customer’s provision of false information regarding its identity, creditworthiness, or its planned use of the Services; or 
      4. If Company deems it necessary to take any reasonable action, in its sole discretion, to protect its property, rights, ability to deliver services, or the delivery of services to existing and potential customers of Company. 
   3. Early Termination Charges. If Customer terminates any Order for reasons other than cause or Company terminates any Order for Cause, Customer will owe charges for early termination of services as follows: some text
      1. If a Connection Notice has been issued, Customer will pay all accrued but unpaid charges incurred through the date of such termination, plus 100% of the remaining monthly charges under the Order term, plus any installation charges. In the event Customer has signed an Order during a promotional period and installation charges were credited, such credit will be reversed and be assessed as part of the total charge to Customer’s account. 
      2. If a Connection Notice has not been issued, Customer will pay the one-time installation charge and no other amount. 
      3. Customer acknowledges and agrees that Company’s damages in the event of early termination are difficult or impossible to determine. The charges identified in this Section 5(c) are intended to establish liquidated damages in the event of termination and not a penalty. 
      4. Customer initiated terminations will occur on the 30th day following the receipt of Customer’s 30 days written notice. Customer may request a termination date later than 30 days, but not sooner. Upon termination, Customer will deliver or allow Company to recover all Equipment within 15 days. Customer’s failure to make reasonable effort to return Equipment may result in an assessment for the replacement cost of such Equipment.
10. Representations and Warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, COMPANY DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL MEET CUSTOMER NEEDS, PERFORM AT A PARTICULAR RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM INTERFERENCE, DISABLING CODE OR CONDITIONS, OR THE LIKE. ADVICE OR INFORMATION GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY OF ANY KIND. USE OF THE SERVICES AND TECHNICAL SUPPORT IS AT CUSTOMER’S OWN RISK AND IS NOT WARRANTED EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN. COMPANY AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT, SOFTWARE AND SUPPORT, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS AND THAT ALL USE, DATA AND INFORMATION TRANSFERRED IN USE OF THE SERVICES IS DONE AT CUSTOMER’S SOLE RISK.
11. Limitation of Liability COMPANY, ITS PARTNERS, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (collectively “THE COMPANY”) SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER OR ANY THIRD-PARTY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES (INCLUDING ANY PUNITIVE,SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INVLUDING BUT NOT LIMITED TO DAMAGES OF LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY DAMAGES WHATSOEVER DUE TO AN INABILITY TO DIAL 911/E911 USING THE SERVICE(S), AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL, OR (c) ANY CLAIMS AGAINST CUSTOMER BY ANY THIRD PARTY) SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT OR ANY THEORY OF LAW OR EQUITY RELATED TO COMPANY’S SALE AND DELIVERY OF SERVICES, COMPANY’S ACTIONS OR INACTIONS REGARDLESS OF NEGLIGENCE, CUSTOMER’S USE OF THE SERVICES, CUSTOMER’S ACTIONS, INACTIONS OR NEGLIGENCE, USE OF APPLICATIONS BY CUSTOMER, ACCESS BY OTHERS TO CUSTOMER’S EQUIPMENT OR LEASED EQUIPMENT, OR THE FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THIS AGREEMENT INCLUDING 911/E911 SERVICES. 
12. Force Majeure.  Neither party is liable for any failure of performance if such failure is due to any cause or causes beyond a party’s reasonable control, including without limitation, acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, labor difficulties and supplier failures. Customer’s invocation of this clause shall not relieve Customer of its obligation to pay for any services received. In the event such failure continues for 60 days, either party may terminate the affected portion of the Order without further liability. 
13. Indemnity. Customer agrees to indemnify, defend and hold harmless Company and its partners, representatives, affiliates, officers, directors, employees, and agents of Company from any and all losses or damages arising from any and all claims, liabilities, losses, damages and costs brought by any third party or user of the Services of any kind arising out of Customer’s receipt and use of the Services, a failure or outage of the services (including those related to 911/E911), or any entry by a Company employee, agent, representative or affiliate upon Customer’s property. Such duty to indemnify includes any act, omission, or failure to act, and any violation of any third-party intellectual property right. Customer agrees not to acquiesce to any judgment or enter into any settlement that adversely affects Company’s rights or interests without Company’s prior written consent. 
14. Choice of Law, Venue. This Agreement shall be governed by the laws of the State of Washington and the state and federal courts of King County, without giving effect to any principles of conflicts of law. Customer agrees not to raise, and hereby waives, any objections or defenses based upon venue or forum non-conveniens. Prior to initiating any legal action arising under or relating to this Agreement, the aggrieved party shall provide the other party written notice of a dispute and the Parties shall actively and in good faith negotiate a resolution within 30 days of such notice.
15. Attorney Fees.  In the event of any dispute brough to litigation under this Agreement, the prevailing Party is entitled to reimbursement of its costs and attorneys’ fees (whether incurred at arbitration, at trial or on appeal) from the other Party. 
16. Waivers.  No waiver of any provision, failure to enforce, or unenforced breach of this Agreement by Company shall be effective unless such waiver is given in a signed writing. Any such waiver shall not be construed to be a waiver of any other provision of this Agreement.
17. Use of Name and Trademarks. Neither Party shall use the logo, trademark, or service mark of the other Party without the express written consent of the other Party. Notwithstanding the limitations provided in Section 18 of this Agreement, Company may use Customer’s name as part of standard sales and marketing activities. Company’s use of such information shall not create any representation of product or service endorsement by Customer, and shall not exceed direct sales and marketing activities, customer examples, use-case examples, and subject matter blog posts without prior written consent from Customer. Customer may revoke or limit this Section 17 at any time without affect to any other terms or conditions provided in this Agreement by providing notice to Company pursuant to Section 19.   
18. Confidentiality.  Each Party hereto shall treat all information made available or disclosed to, or developed or obtained by, the other party as the result of or related to this Agreement (“Confidential Information”) as confidential, and shall not disclose or use Confidential Information for the benefit of any person other than Customer and Company, as the case may be; provided the following information shall not be treated as Confidential Information: (a) information that a Party can demonstrate was rightfully in that Party’s possession prior to the date of disclosure by the other Party, (b) information that a Party received from a third party that had a right to make such information available, and (c) information that a Party can demonstrate was independently developed by or on behalf of said Party, provided further, that Customer and Company shall have no obligation with respect to that portion of Confidential Information which is in or enters the public domain through no wrongful act of either Party, or which must be disclosed to others by order of a governmental agency,  legislative body, or a court of competent jurisdiction. If either Party receives a request for Confidential Information from a third party, the Party receiving such notice shall promptly notify the other Party in writing of such request, and if the Party receiving such notice in good faith believes it is obligated to disclose the requested Confidential Information, the other Party shall be given the opportunity to seek judicial or other protection of such Confidential Information, with the cooperation of the Party receiving such notice.
19. Notices. All notices, requests, demands or other communications which are required or may be given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been duly given (a) on the date of delivery if personally delivered by hand or (b) two days after transmitted if sent by e-mail to the appropriate contact of record; or (c) in the case of notices not specific to a Customer account, when posted to the Company website; or (d) upon the third day after such notice is (i) deposited in the United States mail, if mailed by registered or certified mail, postage prepaid, return receipt requested, (ii) sent by a nationally recognized overnight express courier, or (iii) by facsimile upon written confirmation. Customer is responsible for providing a current mailing address, contact phone, e-mail and facsimile number (if applicable) to Company throughout the term of service. If to Company notices should be sent to:

Address: 412 S Union Ave, Newport, WA 99156

Attn: Customer Service

Email: support@mifiber.net

Telephone No.: (208) 437-4544

1. Changes to this Agreement. Company may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all prior Agreements published to the Company website not otherwise negotiated and mutually executed by the Parties.  Notices are considered given and effective on the date posted on the Company website, or the date Company notifies Customer of changes through any of the following: email, postcard, letter, recorded announcement, message on Customer’s bill, an insert in Customer’s bill, or a call to Customer’s telephone number, whichever occurs first. Customer’s continued use of, or payment for Services for 30 days after notice that any such changes have occurred, including changes in prices, taxes and other surcharges, and/or the terms of this Agreement or any other policy that Company maintains, shall be considered an acceptance of such changes by Customer.
2. Assignment. Customer shall not assign, pledge, transfer or otherwise convey all or any part of the rights and privileges granted by this Agreement in any manner without prior written consent of Company, which consent it will not unreasonably withhold. Any transfer of this Agreement by merger, consolidation or liquidation of Customer shall constitute an assignment for purposes of this Section. 
3. Relationship of Parties. In the performance of its responsibilities hereunder, Customer and Company are, and at all times shall be independent contractors. Neither Customer or Company shall have any power or authority to bind the other Party or to assume or create any obligation or responsibility, express or implied, on behalf or in the name of the other Party, except as expressly authorized under this Agreement, or as expressly authorized in writing by the other Party. 
4. Severability. If any of the terms or conditions in this agreement are duly found to be invalid or unenforceable by a court or government body of competent jurisdiction, the subject terms shall be construed and interpreted as necessary to reflect the intent of the Parties. All other terms and conditions of this agreement shall remain in full force and effect.
5. Entire Agreement. This Agreement, and any addendums, attachments, exhibits, Orders and other documents created or issued by Company for the provision of Services are incorporated herein and constitute the entire agreement between the Parties with respect to its subject matter and supersede all other representations, understandings or agreements that are not expressed herein, whether oral, written or otherwise. Except as otherwise set forth in this Agreement, no amendment to this Agreement shall be valid unless made in writing and signed by both parties.  

MiFiber Business Subscriber Agreement

The terms of this Business Subscriber Agreement (the “Agreement”) is made and entered into by and between Concept Communications LLC dba MiFiber (hereinafter referred to as “Company”)and the individual identified in a signed order for services (“Customer”). This Agreement sets forth the terms and conditions that govern the purchase, provision and use of the Services defined in Section 1 below as provided by Company in consideration of the mutual promises and conditions hereinafter described, Customer and Company agree as follows:  

1. Service. This Agreement sets forth the terms and conditions that govern the purchase, provision, and use of internet access services (“Internet”), Voice over IP (“Voice”), multimedia video services transported through internet access services (“IPTV”), and leased equipment (“Equipment”), collectively referred to as the “Service(s).” Customer’s activation, use, continuing to use, or payment for the Services constitutes an acceptance of these terms and agreement to use the Services only for authorized and lawful purposes in compliance with this Agreement and the Acceptable Use Policy (AUP). 
2. Use of Services. The Services are intended for single location use only. Customer is prohibited from reselling the Services to any third party. Customer is liable for all authorized and unauthorized use of the Services at the Service Location.some text
   1. Use of Internet Services. Company will provide Customer the connectivity and equipment necessary to access the internet and no other ancillary security service. Customer understands that it is responsible for procuring its own anti-virus and firewall services. Customer is solely responsible for the security of the Equipment and any other equipment it chooses to use in connection with the Services. Customer’s posting, storage, transmission, or dissemination of any sensitive or confidential information using the Internet Service is done at its sole risk. 
   2. Use of Voice Services. some text
      1. Customer understands and acknowledges that Voice services, including the ability to make calls using 911/E911 are not available if there is a problem with the network facilities including congestion or network outage, if there is an electrical power outage or interruption to the Service Location and the Equipment does not have a functioning battery backup, or if the Equipment encounters technical errors. 
      2. Customer agrees to provide the correct Service Location address to ensure 911/E911 calls are properly directed to emergency services. Customer’s relocation of Voice services to a different addressor or another location within the Service Location may cause 911/E911 calls to be directed to the wrong emergency authority, may transmit the wrong address, and/or the Voice services (including 911/E911) may not function properly.
      3. Configurations other than those of the Equipment currently offered by Company are not recommended and Customer acknowledges the use of such configurations are done at its sole risk. 
      4. In the event Customer’s Order, or this Agreement is terminated or suspended, Customer will no longer have access to Voice, including 911/E911.
      5. CUSTOMER ACKNOWLEDGES AND ACCEPTS ANY LIMITATIONS OF 911/E911. CUSTOMER AGREES TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY PLACE CALLS OVER THE SERVICES.
3. Orders. Customer must submit requests for Service (“Order”) in the form designated by Company. The rates detailed in an Order do not include any taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Upon receipt and acceptance of a fully executed Order, Company will contact Customer to schedule all necessary installation or pre-installation appointments, collect additional installation site information, and provide an estimated installation date. 
4. Leased Equipment. Company will provide the routers and/or modems necessary to provide the Services at the site determined in the Order (“Service Location”). Such Equipment shall remain the property of Company regardless of where installed within a Service Location and shall not be considered a fixture or an addition to the land or the Service Location. Company grants Customer a fully revocable, non-exclusive, limited license to use the equipment in exchange for compliance with the terms of this Agreement and the payment of a monthly lease amount, the fee for which is provided in each Order. some text
   1. Customer shall not move, rearrange, attempt to repair, or otherwise tamper with any Equipment for any purpose other than that authorized by this Agreement, an Order, or under direction of a Company employee. 
   2. Company shall maintain Equipment in good operating condition during the term of the Order; provided however that such maintenance shall be at Company’s expense only to the extent that it is related to and/or resulting from the ordinary and proper use of the Equipment. 
   3. Customer is responsible for damage to, or loss of, Equipment caused by its acts or omissions, noncompliance with this Section 4, allowing others to claim a title of lien or encumbrance that impairs Company’s title, or by fire, theft, or other casualty at the Customer’s Service Location.
5. Maintenance. Company may perform maintenance upon any part of its systems, facilities, network or equipment at any time. Such maintenance will not normally result in Service interruption. In the event such maintenance event is deemed necessary due to a force majeure event, Company will notify Customer of Service Interruption and estimated repair time if practicable. 
6. Access. Customer will ensure that a person over the age of 18 is present during any repair or installation activity on the Customer’s property, such dates and times as are mutually agreed and scheduled by Customer and Company. Customer understands that if no person over the age of 18 is present, Company will reschedule the visit and additional charges may apply. 
7. Term. This contract is valid and enforceable starting on the service connection start date through the first year anniversary thereof (the “Initial Term”). Unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or any subsequent renewal term, this Agreement shall automatically renew on a month-to-month basis until terminated by either party.
8. Billing, Rates, and Payment Terms.some text
   1. Commencement of Billing. Unless otherwise set forth in an Order, Company will deliver an electronic notice to Customer when Service is installed (“Connection Notice”), at which time billing will commence. If Customer notifies Company within 3 days after delivery of the Connection Notice that Service is not functioning properly, Company will correct any deficiencies and, provided that such deficiencies were attributed to Company, upon Customer’s request Company will credit Customer’s account in the amount of 1/30th of the applicable monthly recurring charge for each day the Service did not function properly. If Company cannot complete installation due to Customer delay or inaction, Company may begin charging Customer for the Service, and Customer will pay such charges. 
   2. Rates and Charges. Customer is responsible for any charges associated with the Service and Order, including without limitation: Equipment lease charges, monthly Service charges, charges related to installation, maintenance, delivery, technician visits, changes to an Order affecting amounts due, taxes or tax-related charges, fees, surcharges, or other amounts assessed by Company which may be incurred in connection with the Services. Taxes, tax-related charges, fees, surcharges, or other amounts assessed by Company may change at any time during the Order term. Company may adjust the monthly rates of an Order at any time following the initial term upon 25 days prior written notice. 
   3. Payment. Charges are billed monthly in advance and due no later than 30 days following the date of the invoice. Installation or other non-refundable or one-time charges shall be included as part of the first invoice, unless otherwise determined by Company as detailed in an Order. Company may charge an additional administrative fee for delivery of paper invoices. some text
      1. Company may, in its sole discretion, suspend or terminate an Order at any time following the last day a payment is due. 
      2. Payments made after 30 days will accrue interest at a rate of 1.5% per month, or the highest rate allowed by applicable law in the state in which Service is provided. 
      3. In the event Customer wishes to bring a good faith dispute in relation to amounts invoiced, Customer must remit all undisputed amounts and provide a written explanation detailing the dispute within 30 days of the invoice date. The Parties will cooperate in good faith to resolve any such dispute within 30 days of the due date of the disputed invoice. Disputed amounts determined to be properly invoiced by Company may be subject to the late fees under Section 4(c)(ii) above. 
9. Termination. some text
   1. Customer Termination for Cause. Customer may terminate this Agreement for cause in the event a Company has breached any material provision of this Agreement, provided that written notice of the breach has been delivered to Company and the breach has not been cured within 15 days. 
   2. Company Termination for Cause. Company may immediately terminate this Agreement for cause in the event Customer has breached any material provision of this agreement including, but not limited to: some text
      1. The failure of Customer to pay any non-disputed amounts due within 30 days of the invoice date;
      2. Customer’s breach of any provision of this Agreement or any policy, law, rule or regulation governing the Services;
      3. Customer’s provision of false information regarding its identity, creditworthiness, or its planned use of the Services; or 
      4. If Company deems it necessary to take any reasonable action, in its sole discretion, to protect its property, rights, ability to deliver services, or the delivery of services to existing and potential customers of Company. 
   3. Early Termination Charges. If Customer terminates any Order for reasons other than cause or Company terminates any Order for Cause, Customer will owe charges for early termination of services as follows: some text
      1. If a Connection Notice has been issued, Customer will pay all accrued but unpaid charges incurred through the date of such termination, plus 100% of the remaining monthly charges under the Order term, plus any installation charges. In the event Customer has signed an Order during a promotional period and installation charges were credited, such credit will be reversed and be assessed as part of the total charge to Customer’s account. 
      2. If a Connection Notice has not been issued, Customer will pay the one-time installation charge and no other amount. 
      3. Customer acknowledges and agrees that Company’s damages in the event of early termination are difficult or impossible to determine. The charges identified in this Section 5(c) are intended to establish liquidated damages in the event of termination and not a penalty. 
      4. Customer initiated terminations will occur on the 30th day following the receipt of Customer’s 30 days written notice. Customer may request a termination date later than 30 days, but not sooner. Upon termination, Customer will deliver or allow Company to recover all Equipment within 15 days. Customer’s failure to make reasonable effort to return Equipment may result in an assessment for the replacement cost of such Equipment.
10. Representations and Warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, COMPANY DOES NOT WARRANT THAT THE SERVICES PROVIDED WILL MEET CUSTOMER NEEDS, PERFORM AT A PARTICULAR RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM INTERFERENCE, DISABLING CODE OR CONDITIONS, OR THE LIKE. ADVICE OR INFORMATION GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL NOT CREATE A WARRANTY OF ANY KIND. USE OF THE SERVICES AND TECHNICAL SUPPORT IS AT CUSTOMER’S OWN RISK AND IS NOT WARRANTED EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN. COMPANY AND ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM, WITH RESPECT TO ALL SERVICES, INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT, SOFTWARE AND SUPPORT, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS AND THAT ALL USE, DATA AND INFORMATION TRANSFERRED IN USE OF THE SERVICES IS DONE AT CUSTOMER’S SOLE RISK.
11. Limitation of Liability COMPANY, ITS PARTNERS, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (collectively “THE COMPANY”) SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER OR ANY THIRD-PARTY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES (INCLUDING ANY PUNITIVE,SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INVLUDING BUT NOT LIMITED TO DAMAGES OF LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY DAMAGES WHATSOEVER DUE TO AN INABILITY TO DIAL 911/E911 USING THE SERVICE(S), AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL, OR (c) ANY CLAIMS AGAINST CUSTOMER BY ANY THIRD PARTY) SUITS, OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT OR ANY THEORY OF LAW OR EQUITY RELATED TO COMPANY’S SALE AND DELIVERY OF SERVICES, COMPANY’S ACTIONS OR INACTIONS REGARDLESS OF NEGLIGENCE, CUSTOMER’S USE OF THE SERVICES, CUSTOMER’S ACTIONS, INACTIONS OR NEGLIGENCE, USE OF APPLICATIONS BY CUSTOMER, ACCESS BY OTHERS TO CUSTOMER’S EQUIPMENT OR LEASED EQUIPMENT, OR THE FAILURE OR DISRUPTION OF SERVICES PROVIDED UNDER THIS AGREEMENT INCLUDING 911/E911 SERVICES. 
12. Force Majeure.  Neither party is liable for any failure of performance if such failure is due to any cause or causes beyond a party’s reasonable control, including without limitation, acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, labor difficulties and supplier failures. Customer’s invocation of this clause shall not relieve Customer of its obligation to pay for any services received. In the event such failure continues for 60 days, either party may terminate the affected portion of the Order without further liability. 
13. Indemnity. Customer agrees to indemnify, defend and hold harmless Company and its partners, representatives, affiliates, officers, directors, employees, and agents of Company from any and all losses or damages arising from any and all claims, liabilities, losses, damages and costs brought by any third party or user of the Services of any kind arising out of Customer’s receipt and use of the Services, a failure or outage of the services (including those related to 911/E911), or any entry by a Company employee, agent, representative or affiliate upon Customer’s property. Such duty to indemnify includes any act, omission, or failure to act, and any violation of any third-party intellectual property right. Customer agrees not to acquiesce to any judgment or enter into any settlement that adversely affects Company’s rights or interests without Company’s prior written consent. 
14. Choice of Law, Venue. This Agreement shall be governed by the laws of the State of Washington and the state and federal courts of King County, without giving effect to any principles of conflicts of law. Customer agrees not to raise, and hereby waives, any objections or defenses based upon venue or forum non-conveniens. Prior to initiating any legal action arising under or relating to this Agreement, the aggrieved party shall provide the other party written notice of a dispute and the Parties shall actively and in good faith negotiate a resolution within 30 days of such notice.
15. Attorney Fees.  In the event of any dispute brough to litigation under this Agreement, the prevailing Party is entitled to reimbursement of its costs and attorneys’ fees (whether incurred at arbitration, at trial or on appeal) from the other Party. 
16. Waivers.  No waiver of any provision, failure to enforce, or unenforced breach of this Agreement by Company shall be effective unless such waiver is given in a signed writing. Any such waiver shall not be construed to be a waiver of any other provision of this Agreement.
17. Use of Name and Trademarks. Neither Party shall use the logo, trademark, or service mark of the other Party without the express written consent of the other Party. Notwithstanding the limitations provided in Section 18 of this Agreement, Company may use Customer’s name as part of standard sales and marketing activities. Company’s use of such information shall not create any representation of product or service endorsement by Customer, and shall not exceed direct sales and marketing activities, customer examples, use-case examples, and subject matter blog posts without prior written consent from Customer. Customer may revoke or limit this Section 17 at any time without affect to any other terms or conditions provided in this Agreement by providing notice to Company pursuant to Section 19.   
18. Confidentiality.  Each Party hereto shall treat all information made available or disclosed to, or developed or obtained by, the other party as the result of or related to this Agreement (“Confidential Information”) as confidential, and shall not disclose or use Confidential Information for the benefit of any person other than Customer and Company, as the case may be; provided the following information shall not be treated as Confidential Information: (a) information that a Party can demonstrate was rightfully in that Party’s possession prior to the date of disclosure by the other Party, (b) information that a Party received from a third party that had a right to make such information available, and (c) information that a Party can demonstrate was independently developed by or on behalf of said Party, provided further, that Customer and Company shall have no obligation with respect to that portion of Confidential Information which is in or enters the public domain through no wrongful act of either Party, or which must be disclosed to others by order of a governmental agency,  legislative body, or a court of competent jurisdiction. If either Party receives a request for Confidential Information from a third party, the Party receiving such notice shall promptly notify the other Party in writing of such request, and if the Party receiving such notice in good faith believes it is obligated to disclose the requested Confidential Information, the other Party shall be given the opportunity to seek judicial or other protection of such Confidential Information, with the cooperation of the Party receiving such notice.
19. Notices. All notices, requests, demands or other communications which are required or may be given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been duly given (a) on the date of delivery if personally delivered by hand or (b) two days after transmitted if sent by e-mail to the appropriate contact of record; or (c) in the case of notices not specific to a Customer account, when posted to the Company website; or (d) upon the third day after such notice is (i) deposited in the United States mail, if mailed by registered or certified mail, postage prepaid, return receipt requested, (ii) sent by a nationally recognized overnight express courier, or (iii) by facsimile upon written confirmation. Customer is responsible for providing a current mailing address, contact phone, e-mail and facsimile number (if applicable) to Company throughout the term of service. If to Company notices should be sent to:

Address: 412 S Union Ave, Newport, WA 99156

Attn: Customer Service

Email: support@mifiber.net

Telephone No.: (208) 437-4544

1. Changes to this Agreement. Company may change the terms and conditions of this Agreement from time to time. Changes to this Agreement supersede all prior Agreements published to the Company website not otherwise negotiated and mutually executed by the Parties.  Notices are considered given and effective on the date posted on the Company website, or the date Company notifies Customer of changes through any of the following: email, postcard, letter, recorded announcement, message on Customer’s bill, an insert in Customer’s bill, or a call to Customer’s telephone number, whichever occurs first. Customer’s continued use of, or payment for Services for 30 days after notice that any such changes have occurred, including changes in prices, taxes and other surcharges, and/or the terms of this Agreement or any other policy that Company maintains, shall be considered an acceptance of such changes by Customer.
2. Assignment. Customer shall not assign, pledge, transfer or otherwise convey all or any part of the rights and privileges granted by this Agreement in any manner without prior written consent of Company, which consent it will not unreasonably withhold. Any transfer of this Agreement by merger, consolidation or liquidation of Customer shall constitute an assignment for purposes of this Section. 
3. Relationship of Parties. In the performance of its responsibilities hereunder, Customer and Company are, and at all times shall be independent contractors. Neither Customer or Company shall have any power or authority to bind the other Party or to assume or create any obligation or responsibility, express or implied, on behalf or in the name of the other Party, except as expressly authorized under this Agreement, or as expressly authorized in writing by the other Party. 
4. Severability. If any of the terms or conditions in this agreement are duly found to be invalid or unenforceable by a court or government body of competent jurisdiction, the subject terms shall be construed and interpreted as necessary to reflect the intent of the Parties. All other terms and conditions of this agreement shall remain in full force and effect.
5. Entire Agreement. This Agreement, and any addendums, attachments, exhibits, Orders and other documents created or issued by Company for the provision of Services are incorporated herein and constitute the entire agreement between the Parties with respect to its subject matter and supersede all other representations, understandings or agreements that are not expressed herein, whether oral, written or otherwise. Except as otherwise set forth in this Agreement, no amendment to this Agreement shall be valid unless made in writing and signed by both parties.  

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