Terms of Service

Introduction

This is your terms of service ("Terms of Service") and applies to your use of our crazy fast Ting Internet service ("Services") and any physical devices necessary to bring you that service ("Devices").

These Terms of Service apply to all of the Services we offer and all of the Devices we sell or provide. Please read them carefully.

Your Terms of Service become effective when you accept them, which you do by applying to purchase, actually purchasing, or using any of the Ting Services. When you accept these Terms of Service, you represent that you are at least 18 years of age.

We may change our Terms of Service, including our prices, from time to time. Unless expressly prohibited by law, we reserve the right to modify or cancel our service or your account or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of these Terms of Service. Check our website (ting.com/internet/terms) for our most recent Terms of Service.

Services

We provide fiber Internet services using our own or leased fiber optic cables for residential and business use.

Taxes and Surcharges

Prices for our services do not include taxes or regulatory fees. We charge state and local sales taxes on all services; these may change without notice.

Disputed Charges

If you think that there has been an error in any charge to your account, you must notify us promptly after the charge appears on your account. You can contact us using the methods indicated on our website. If you do not notify us promptly, you waive any right to dispute the charge, including in arbitration or a court proceeding. If we determine that the disputed charge was inappropriate and was raised by you in a timely manner, we will credit, refund or provide other compensation to you. If we credit, refund or provide other compensation to you to settle a disputed charge, you agree that the dispute is fully and finally resolved and not subject to further proceedings.

Account Suspension for Declined Payments or Credit Card Chargebacks

If we have attempted to charge your registered payment method for a charge that we deem is authorized and valid under the Terms of Service, and the credit/debit card company withholds such payment, we reserve the right to suspend your access to our Services until payment is received. For a credit card chargeback, if the chargeback is not resolved and reversed, your account will similarly be suspended. In the event of repeated account suspensions for non-payment, we may, without limiting any other rights available to us, require pre-payment of funds in order to allow you to continue to use the Services.

Refunds and Returns

Charges are non-refundable. In the event that you rent or borrow equipment from Ting, you may need to return it or, if you fail to return it, pay for it. You will be informed if equipment is provided that we expect you to return and, when you terminate your agreement with us, we will also tell you if there is equipment we expect to be returned. Failure to return within the time period specified will result in us issuing you a bill for reimbursement.

Acceptable Uses

You agree not to use any of our Services in any way that is illegal, fraudulent, threatening, or abusive, as we determine in our sole discretion. You may not use our Services for any illegal purpose including to harass, threaten, abuse, defame, or slander any individual or entity. You may not use our service in a manner that interferes with another customer's use of our Services or our underlying infrastructure. You are legally and financially responsible for all activity on your account, regardless of who initiates the activity.

Here’s a short list of some of the things you can’t use Ting Internet Services for:

Spam

Don’t send unsolicited email, participate in email bombing, create proxy emails for the purposes of spamming, distribute Usenet spam, or do any other type of unsolicited commercial advertising.

Illegal Uses

This includes, but is not limited to: death threats, terrorist threats, and any other uses related to terrorism, threats of harm or harassment to individuals, organizations, or businesses, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, doing the RICO, defamation, slander, and advocating human violence or hate crimes based upon religion, gender, ethnicity, or country of origin.

Child Sexual Abuse Material

Just don’t. We have a zero tolerance policy on CSAM and we’ll turn you over to the authorities and cooperate with them as much as we possibly can to help them in their investigation of your activity.

Interfering with networks, devices or services

This includes the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks (DDoS), the storage, distribution, fabrication, or use of malware including virus software, rootkits, password crackers, adware, keystroke capture programs, and other programs normally used in malicious activity, any activity associated with “phishing” or “pharming” (and all other cutsie variants of those activities) or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretenses and all activity related to illegally or maliciously gaining access to a system, device, or network for which you do not have explicit permission.

This includes direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code. Maybe think about subscribing to Netflix or Hulu.

Suspension or Termination of Service

We reserve the right to issue a warning and to suspend or terminate your service and access to the ting.com/internet website or any other website we operate or to our service at any time if we determine in our sole discretion that you have violated the Terms of Service or any of our rules or policies or for any other reason in our sole discretion.

Use of Your Information

When you agree to the Terms of Service, you also agree to the terms of our Privacy Policy available on our website. This policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.

In the course of providing service to you, we may collect certain information made available to us solely because of our relationship with you, including information regarding the nature, type, and use details of your service. We always will handle this data in accordance with local, state, and federal laws and regulations. Please see our Privacy Policy for more detailed information.

Law Enforcement

We are legally and contractually obligated to cooperate with law enforcement in the investigation of violations of law. We may disclose to law enforcement authorities and governmental agencies any information, including your name, account history, account information, or other transmission data properly requested by law enforcement. Where allowed, we will tell you before we provide them with this information, to give you the option to quash their request. If we cannot give you advance notice for any reason and we are allowed to, we will tell you as soon as possible after the fact. You can also always submit a Data Request to find out what information we have about you and whether we have shared that information with anyone (if we are allowed by law to tell you).

Ting Fiber Website

You may use our website located at ting.com/internet to manage your account, make payments, view our content and learn more about our Devices and Services. Use of our website is subject to the terms set forth in this document and our Privacy Policy, which are available on our website. Please be aware that ting.com and ting.com/mobile are governed by a different set of terms. You may want to familiarize yourself with those, too.

Dispute Resolution

If there’s a disagreement, we both agree to try to settle it first by talking to each other in good faith. We’re always open to hear your possible solutions and we want to work together. That said, whatever efforts are made to settle a disagreement amicably, no one forfeits any of the rights set forth in this document by those efforts. If we are unable to resolve an issue within 90 days after first contact about that issue, WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THESE TERMS OF SERVICE, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION. THE ARBITRATOR MUST FOLLOW THESE TERMS OF SERVICE. Please contact us with any dispute by emailing us at help@ting.com; provide a description of the problem, all relevant documents/information and your proposed resolution. We will contact you at the email address or phone number that we have on file for you or by mail to your service address. We each agree to negotiate in good faith to resolve any dispute. If necessary, either you or we may seek an injunction or other equitable relief for breaches or threatened breaches of these Terms of Service in order to prevent irreparable injury or preserve the status quo.

Limitation of Liability

We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary, or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur), by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any of our Services or Devices. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; (3) any damages that result from any product or service provided by or manufactured by third parties; or (4) any unauthorized or disputed charges for our services that appeared more than 30 days earlier on your online account statement which you did not promptly dispute in accordance with the Terms of Service. You acknowledge that no fiduciary or other special relationship exists between you and us, either by virtue of the Terms of Service or your use of our Services and Devices, or otherwise.

Force Majeure

Ting will do its best to provide the Services to you but if something outside of our control prevents us from doing so, we will not be liable for having failed to provide them or for any delay in providing them. These types of force majeure events or situations may include (but are not limited to) accident, riot, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of Internet service provider, cyberattack, ransomware, natural catastrophe, governmental act or omission, change in law or regulations, strike, fire, explosion, and generalized lack of availability of raw material or energy.

Warranties

We do not manufacture our Devices. The only warranties applicable to our Devices are those extended by the manufacturers. We have no liability, therefore, in connection with Devices or for manufacturers' acts or omissions.

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE, OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.

Indemnification

You agree to indemnify and hold harmless us and our affiliates and their respective officers, agents, partners, and employees from any and all liabilities, settlements, penalties, claims, causes of action, and demands brought by third parties (including any costs, expenses, or attorneys' fees on account thereof) resulting from your use of our Services or Devices, or use of our Services or Devices by another person who uses your connection to our Services or who uses Devices issued to you, whether based in contract or tort (including strict liability) and regardless of the form of action.

Effect of Terms of Service

These Terms of Service supersede all oral or written communications and understandings between you and us with respect to our products and services and the terms under which they are offered and provided to you. If any part of the Terms of Service is declared invalid or unenforceable, all other parts of the Terms of Service are still valid and enforceable. No provision of the Terms of Service provides any person or entity not a party to the Terms of Service with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights.

Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand, or otherwise, arising out of your use of the ting.com website shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of California. Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand, or otherwise, arising out of your use of our Services or Devices shall be subject to the exclusive jurisdiction of the federal or state courts located within the state that your service address is in.

Notices

You may notify us by electronic means via our website. Notices will be considered effective after we receive them.

Assignment

You may not assign your rights or delegate any of your duties under the Terms of Service without our prior written consent and any attempted assignment or delegation without such consent is void. We may assign all or part of the Terms of Service or your debts to us without notice.

Whole Home Wifi

When you subscribe to Ting’s Whole Home Wifi Solution (the "Wifi Solution"), you are agreeing to these additional terms and conditions.

Ting may change the monthly charge or the terms and conditions for the Wifi Solution but we will give you at least thirty (30) days prior written notice before such changes come into effect. Notice of such changes may be given to you by bill insert, email, separate mailing, or another reasonable method of communication. If you continue to use the Wifi Solution after receiving a notice of a change, it means you have accepted and agreed to those changes. The terms and conditions of the Wifi Solution are in addition to and do not replace or supersede the terms and conditions of your Internet service with Ting. The Wifi Solution is only available to active Ting Internet customers in good standing and customers are limited to four (4) connection devices per account. You or Ting may cancel the Wifi Solution at any time with thirty (30) days’ prior notice. Ting may install equipment in your home in order for you to receive the Wifi Solution. You agree that ownership of the equipment will remain with Ting and that you will be responsible for maintaining the equipment in good working condition (ordinary wear and tear excepted); loss, theft, or physical damage to the equipment is your responsibility. Ting grants you a nonexclusive, non-transferable, limited license to use the equipment.

LIMITATION OF LIABILITY. IN NO EVENT WILL TING INCUR ANY LIABILITY TO YOU GREATER THAN THE AMOUNT OF CHARGES ACTUALLY PAID BY YOU FOR THE WIFI SOLUTION (BUT NO MORE THAN THE TOTAL AMOUNT YOU PAID IN THE LAST 12 MONTHLY CHARGES FOR THE WIFI SOLUTION). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS, OR FAILURE OF PERFORMANCE BY TING, INCLUDING ANY DAMAGE RELATING TO THE INSTALLATION OF EQUIPMENT. TING WILL NOT BE LIABLE FOR ANY DAMAGES, REGARDLESS OF THEORY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL. THERE ARE NO WARRANTIES OF ANY KIND AND TING EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. THE WIFI SOLUTION IS PROVIDED TO YOU ON AN AS-IS BASIS.

In order to use the Wifi Solution, you may be required to create an account with and agree to terms, conditions, and policies of Ting’s equipment supplier, eero Inc. ("eero"), which will be provided to you at or about the time of registration, service installation, or activation. Ting is not affiliated with eero. You may be required to provide certain information to eero (such as your name, email, and phone number), agree to eero’s privacy policy, and download the eero app in order to use the service. If you do not wish to share this information, you may not be able to receive the Wifi Solution. Wifi is not an inherently secure technology because it uses public, unlicensed radio-frequency. Therefore, Ting cannot guarantee that the Wifi Solution will provide you with a secure and reliable service and you are responsible for using good security practices and ensuring no unauthorized use of the Wifi Solution. You acknowledge that the speed and performance you receive using the Wifi Solution will be lower than the speed of a device connected directly to your modem and that performance of the Wifi Solution may be affected by a number of factors including network congestion, connected devices, building characteristics and obstructions, and availability of power. Ting makes no representations as to service availability, performance, and speed.

Trademarks and Licenses

The Ting name and logo are registered trademarks of Tucows, Inc. These terms were last updated on 3 May 2023.

These terms are effective as of November 22, 2020
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