Ting Internet Terms of Service

These Terms of Service (“Terms”) apply to your use of Ting Internet (“Service”) and any equipment or devices needed to deliver that service (“Devices”). The Service and Devices are provided by Ting Fiber, LLC, or one of its subsidiaries.*

By applying for, ordering, or using the Service, you accept these Terms, including any applicable regional appendices based on your service address. You must be at least 18 years old and can enter into a legal agreement for yourself, and anyone at the premises served. Accepting these Terms does not guarantee that Ting will install or provide the Service to you.

Please read these terms and conditions carefully. They contain limitation of liability and mandatory arbitration clauses and prohibit you from bringing or participating in class arbitrations.

Changes to the Terms

We may change these Terms or our prices at any time. Unless prohibited by law, we may also modify or cancel your service or account or take corrective actions if you violate any part of these Terms. You should regularly check our website (ting.com) for the most current version of the Terms.

Service Description

Ting provides high-speed fiber Internet for residential and business use at a single location. The Service is intended for customary usage for one household or business at a time and may not be shared across multiple units (e.g., apartments or offices). Please contact us directly if you need services for multiple units or larger buildings. Business customers must purchase a business account and are still subject to these Terms of Service. Construction, installation, service, and other fees may be higher for business users. Individuals who sign up on behalf of a business represent and warrant that they have authority to bind such business to these Terms of Service.

Additional services, such as static IP addresses, may be available for an extra cost. Contact us to discuss these options.

Installation

We need access to your property to install Ting Internet, which may include installing Devices both inside and outside and possibly using underground conduits or existing wiring. We may take photographs of the Devices and surrounding area for quality control purposes. You agree that our technicians may need to drill holes in any structure on the premises in addition to using existing facilities on your property to complete the installation.

If you rent or do not own the property, you must obtain permission from the property owner before installation. You may be required to provide written evidence of this permission. If you fail to get the necessary permissions and the property owner takes legal action against Ting, you agree to reimburse Ting for any costs and expenses, including attorneys’ fees, damages, and the cost to de-install, which are incurred by Ting because you did not have the necessary permissions.

You are responsible for notifying us of any obstacles (like underground sprinkler systems or invisible fences) that might affect the installation. If we need to move our equipment due to your actions, omissions, or requests, you will be responsible for covering those costs. While we typically do not charge for standard installations, we reserve the right to charge additional fees in special circumstances.

If you reside in an area covered by a regional partner agreement (see Appendices), additional installation terms may apply, including grant of easement or property access rights to third-party infrastructure partners.

Regional Partner Access Agreements

In some service areas, installation and service are subject to additional terms and conditions established through agreements with local infrastructure partners. If you reside in one of these areas, those additional terms are binding and apply to your use of the Service and Devices, including how the fiber-optic connection is installed and maintained on your property. These area-specific terms are set out in the appendices to these Terms of Service. By accepting these Terms, you also accept the applicable Appendix if your service address is in any of the following areas: Encinitas, Solana Beach, or Carlsbad, California (Appendix A); Westminster, Maryland (Appendix B); Memphis, Tennessee (Appendix C); or Fullerton, California (Appendix D). Additional areas may be added from time to time, and you should review the appendices to confirm whether any apply to your service location.

Devices

Devices provided by Ting remain the property of Ting or its successors. You allow Ting to enter your property to perform maintenance or upgrades or remove the Devices when your service ends. You are responsible for the Devices while they are on your property and must pay for any damaged, lost, or stolen devices, regardless of fault. Some Devices may come with separate terms and conditions. Some Devices, such as Whole Home WiFi, involve separate terms and conditions. Ting is not responsible for and will not compensate you for any device owned by you that is used in connection with the Services.

Billing and Payment

Service prices do not include taxes, government fees, surcharges, or other regulatory fees, which will be added to your bill. You agree to pay for the Service, including any fees and taxes, before each billing cycle. Ting only accepts payments by credit card, debit card, or ACH; checks are not accepted. Any unpaid amounts will incur interest at the lower of 2.5% or the maximum rate allowed by law.

If you believe your bill contains an error, you must notify us within 30 days of receiving the bill. If you do not notify us within thirty (30) days of the date you receive your bill, you waive any right to dispute the charge, including in arbitration or a court proceeding. If a payment method is denied or a chargeback occurs, we may suspend your service until payment is received.
Repeated payment issues may result in additional actions, including requiring prepayment for continued service. 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.

Acceptable Use Policy

You agree not to use the Service for any illegal, fraudulent, or abusive activities, as determined by Ting. You may not use the Service to harass, threaten, or defame any individual or entity or to interfere with another customer's use of the Service or our infrastructure. You are responsible for all activity on your account.

Examples of prohibited activities include but are not limited to:

Sending spam or unsolicited messages.
Engaging in illegal activities such as terrorism, threats, fraud, or advocacy of violence.
Distributing malware or engaging in phishing.
Reselling the Service or operating servers for commercial purposes.
Violating copyright laws.

Ting reserves the right to suspend or terminate your service with or without if Ting determines, in its sole discretion, that you may have violated or are likely to violate these Terms. You are responsible for all activity on the Services under your account, even if you did not undertake the activity yourself.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the “DMCA” found at 17 U.S.C. § 512) provides that owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may report alleged infringements (“Notification”) to service providers. Once such a Notification is received, service providers automatically have certain obligations. Accordingly, in accordance with the DMCA and other applicable laws, Ting maintains a policy that provides for the termination of the Services, under appropriate circumstances, if customers are using the Services for repeat infringements. In addition, Ting does not waive any other remedy it may have against customers for copyright infringement.

DMCA Copyright Notifications:

If you are a copyright owner or an agent of a copyright owner and you believe that your rights under U.S. copyright law have been infringed, you may submit a Notification pursuant to the DMCA to the address listed in the first paragraph of these terms and conditions or via email to dmca@ting.com. Please include: i) a signature (electronic is fine) of a person authorized to act on behalf of the owner of the intellectual property allegedly infringed; ii) identification of the copyrighted work(s); iii) contact information; iv) a statement that the complaining party has a good faith belief that the material is not authorized by the copyright owner and violates their intellectual property rights; and v) a statement that the information in the notification is complete and accurate to the best of the complaining party’s knowledge. False notices are bad for everyone, and anyone who makes a false notice may subject themselves to substantial penalties.

Privacy and Use of Your Information

By accepting these Terms, you also agree to our Privacy Policy, which explains how we collect, use, and share your data. This policy is available on our website and may change over time.

Cooperation with Law Enforcement

Ting will cooperate with law enforcement if required by law. We may disclose your information if properly requested. When possible, we will attempt to notify you beforehand, but this may not always be allowed or practical.

Website Use

You may use our website to manage your account, make payments, view content, and learn more about our services and devices. Use of the website is subject to these Terms and our Privacy Policy.

Dispute Resolution

If a disagreement arises, we agree to try to resolve it by discussing it first. If the issue is not resolved within 90 days, any claim or dispute will be settled by binding arbitration. 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 (whether in contract, tory, or otherwise, whether pre-existing, present, or future, and including statutory consumer protection, common law, intentional tort, injunctive, or equitable claims) 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 contacting us along with a description of the problem, all relevant documents and information as well as 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. You agree that you may bring claims against Ting only in an individual capacity, not as a plaintiff or class member in any purported class or representative. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your acceptance of these Terms. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

Limitation of Liability

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 devices 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. Unless prohibited by law, you agree that in no event will Ting be liable for damages or other monetary relief in any more than what you paid to Ting over the last year.

Warranties

Ting provides the services on an “as-is” and “as available” basis without warranties or representations of any kind, 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 or 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. In no event will Ting be liable for damages of any kind arising out of or related to your inability to use the services or any third-party services, including E911 or any monitoring (security, medical, etc.,), whether or not Ting was negligent. The services should not be used in life support devices or other critical systems.

Indemnification

You agree to indemnify, defend, and hold harmless Ting, its affiliates, and each of their respective officers, agents, partners, and employees, successors and assigns from and against any and all liabilities, settlements, penalties, claims, causes of action, and demands brought by third parties (including any costs, expenses, and reasonable attorneys’ fees on account thereof) resulting from your use of Ting Services or Devices, or use of the Services or Devices by another person using your account.

Notices and Communications

You may notify us by electronic means via our website. Notices will be considered effective after we receive them. We may provide notices, communications, or disclosures to you via electronic means including by posting to your online Ting account, our own website, via email to the email address(es) associated with your account, text message, mobile application, invoice, or otherwise communicating them to you via your Internet services. In order to access these communications electronically, you will need access to the Internet, a valid email address, access to a computer or other device that includes 128-bit encryption and up to date browser software, and software that allows you to read PDF files. You consent to calls or text messages from us or a third party on our behalf to any telephone number that we provide to you or that we issue to you and understand that such calls or texts may be delivered using artificial or prerecorded messages. You can receive paper copies of these terms and conditions by contacting our customer care department.

Ting may add and update regional Partner Access Agreements in the future. Your continued use of the Service after such an addition constitutes acceptance of the relevant terms.

Termination

You can cancel your service at any time. Service will continue until the end of the current billing cycle, and refunds will not be prorated. Ting reserves the right to terminate your service anytime for any reason.

Content, Security, and Applications

Ting is not responsible for the content or security of any data or applications you use with our Service. You are responsible for securing your data and protecting your devices.

Assignment

You cannot transfer your rights or duties under these Terms without our written consent. We may assign these Terms or any debts owed to us without notice.

*Last Updated: 7-3-2025*

*Ting Internet LLC is the service provider in Colorado (other than Colorado Springs); North Carolina; North Carolina; Idaho; Virginia; Marana; Arizona; and Culver City, California. Ting Fiber, LLC is the service provider in California (other than Culver City), Colorado Springs, Colorado; Maryland; and Tennessee. Some customers may still be served by Cedar Holdings, LLC.* Ting Fiber LLC and its subsidiaries are located at 7700 S Wheeling Ct., Centennial, CO 80112. In certain markets, network infrastructure is provided or maintained in partnership with a third-party entity, as described in the applicable regional appendix.

Appendix A: Partner Access Agreement for Encinitas, California

This Agreement between (a) the Resident identified in the service application (“Customer”), of the property located at the address in Encinitas, California on the one hand; and (b) Netly Fiber Holdings, LLC. and Ting FIber, LLC (“Fiber Companies”) on the other.

The purpose of the Agreement is to provide written instruction and authority for Fiber Companies to install a fiber-optic Internet connection (hereafter, the "Fiber Connection") to the identified residence from the public right of way, through, across and into the property.

By agreeing to this Appendix, the Owner(s) agree to and represent that:

By requesting the installation of a fiber-optic connection and related customer premise equipment, the Resident is committing to activate Internet service from Tng Fiber, LLC Once the installation is completed, the credit card on file will be charged for service on a monthly basis.
The person(s) signing this document is either the owner of the residence or a Resident of the property with authority to enter into this Agreement.
The Fiber Companies and any employee, contractor, representative, or subcontractor of the Fiber Companies is authorized to access the property to install, maintain and repair the fiber-optic connection.
Taking into consideration Resident’s preferences, the Fiber Companies will determine the most expedient way to install the fiber-optic connection.
The Fiber Companies will install and maintain the fiber-optic connection in a commercially reasonable manner. In the unlikely event that construction, repair, or maintenance is needed, the Fiber Companies will reasonably attempt to notify the Resident at least 24 hours in advance, and will perform those activities between 8:00 a.m. and 7:00 p.m.
The Resident is responsible for maintaining the area above and around the fiber-optic connection to preserve access by the Fiber Companies for construction, maintenance, and repair. Failure to preserve free access to the fiber-optic connection will void the Fiber Companies' obligation to maintain and repair the connection.
The Fiber Company may remove or abandon the fiber-optic connection with ninety (90) days written notice by the Fiber Companies.
The Resident may not use the fiber-optic connection for any activity or purpose other than to receive Internet and related services from the companies approved by the Fiber Companies.
The Customer must indicate whether the property is governed by an HOA or Property Management Company.
Fiber Installation Location:
- Step one of the fiber installation process involves a representative of Netly Fiber Holdings, LLC. installing a fiber-optic connection from the edge of your property to the exterior of your dwelling.
- Step two involves Ting Fiber, LLC bringing the fiber into your home and connecting your Internet service. At this time, an external utility box, an internal fiber termination box, and a wireless router will be installed.
- The Fiber Company representative will make their best effort to install the fiber-optic connection where you have requested. Items to consider before making a decision: The default location of this connection is where the existing utilities enter your home.

By accepting Ting's Terms of Service, the Customer also agrees to this Partner Access Agreement applicable to residents of Encinitas, California.

Appendix B: Partner Access Agreement for Solana Beach, California

This Agreement between (a) the Resident identified in the service application (“Customer”), of the property located at the address in Solana Beach, California on the one hand; and (b) Netly Fiber Holdings, LLC. and Ting FIber, LLC (“Fiber Companies”) on the other.

By agreeing to this Appendix, the Owner(s) agree to and represent that:

By requesting the installation of a fiber-optic connection and related customer premise equipment, the Resident is committing to activate Internet service from Tng Fiber, LLC Once the installation is completed, the credit card on file will be charged for service on a monthly basis.
The person(s) signing this document is either the owner of the residence or a Resident of the property with authority to enter into this Agreement.
The Fiber Companies and any employee, contractor, representative, or subcontractor of the Fiber Companies is authorized to access the property to install, maintain and repair the fiber-optic connection.
Taking into consideration Resident’s preferences, the Fiber Companies will determine the most expedient way to install the fiber-optic connection.
The Fiber Companies will install and maintain the fiber-optic connection in a commercially reasonable manner. In the unlikely event that construction, repair, or maintenance is needed, the Fiber Companies will reasonably attempt to notify the Resident at least 24 hours in advance, and will perform those activities between 8:00 a.m. and 7:00 p.m.
The Resident is responsible for maintaining the area above and around the fiber-optic connection to preserve access by the Fiber Companies for construction, maintenance, and repair. Failure to preserve free access to the fiber-optic connection will void the Fiber Companies' obligation to maintain and repair the connection.
The Fiber Company may remove or abandon the fiber-optic connection with ninety (90) days written notice by the Fiber Companies.
The Resident may not use the fiber-optic connection for any activity or purpose other than to receive Internet and related services from the companies approved by the Fiber Companies.
The Customer must indicate whether the property is governed by an HOA or Property Management Company.
Fiber Installation Location:
- Step one of the fiber installation process involves a representative of Netly Fiber Holdings, LLC. installing a fiber-optic connection from the edge of your property to the exterior of your dwelling.
- Step two involves Ting Fiber, LLC bringing the fiber into your home and connecting your Internet service. At this time, an external utility box, an internal fiber termination box, and a wireless router will be installed.
- The Fiber Company representative will make their best effort to install the fiber-optic connection where you have requested. Items to consider before making a decision: The default location of this connection is where the existing utilities enter your home.

By accepting Ting's Terms of Service, the Customer also agrees to this Partner Access Agreement applicable to residents of Solana Beach, California.

Appendix C: Partner Access Agreement for Carlsbad, California

This Agreement between (a) the Resident identified in the service application (“Customer”), of the property located at the address in Carlsbad, California on the one hand; and (b) Netly Fiber Holdings, LLC. and Ting FIber, LLC (“Fiber Companies”) on the other.

By agreeing to this Appendix, the Owner(s) agree to and represent that:

By requesting the installation of a fiber-optic connection and related customer premise equipment, the Resident is committing to activate Internet service from Tng Fiber, LLC Once the installation is completed, the credit card on file will be charged for service on a monthly basis.
The person(s) signing this document is either the owner of the residence or a Resident of the property with authority to enter into this Agreement.
The Fiber Companies and any employee, contractor, representative, or subcontractor of the Fiber Companies is authorized to access the property to install, maintain and repair the fiber-optic connection.
Taking into consideration Resident’s preferences, the Fiber Companies will determine the most expedient way to install the fiber-optic connection.
The Fiber Companies will install and maintain the fiber-optic connection in a commercially reasonable manner. In the unlikely event that construction, repair, or maintenance is needed, the Fiber Companies will reasonably attempt to notify the Resident at least 24 hours in advance, and will perform those activities between 8:00 a.m. and 7:00 p.m.
The Resident is responsible for maintaining the area above and around the fiber-optic connection to preserve access by the Fiber Companies for construction, maintenance, and repair. Failure to preserve free access to the fiber-optic connection will void the Fiber Companies' obligation to maintain and repair the connection.
The Fiber Company may remove or abandon the fiber-optic connection with ninety (90) days written notice by the Fiber Companies.
The Resident may not use the fiber-optic connection for any activity or purpose other than to receive Internet and related services from the companies approved by the Fiber Companies.
The Customer must indicate whether the property is governed by an HOA or Property Management Company.
Fiber Installation Location:
- Step one of the fiber installation process involves a representative of Netly Fiber Holdings, LLC. installing a fiber-optic connection from the edge of your property to the exterior of your dwelling.
- Step two involves Ting Fiber, LLC bringing the fiber into your home and connecting your Internet service. At this time, an external utility box, an internal fiber termination box, and a wireless router will be installed.
- The Fiber Company representative will make their best effort to install the fiber-optic connection where you have requested. Items to consider before making a decision: The default location of this connection is where the existing utilities enter your home.

By accepting Ting's Terms of Service, the Customer also agrees to this Partner Access Agreement applicable to residents of Carlsbad, California

Appendix D: Partner Access Agreement for Westminster, Maryland Residents

This Agreement between the Owner(s) of the residence located in Westminster, Maryland, and the Mayor and Common Council of Westminster (“The City”), a Maryland municipal corporation gives the City permission to install a fiber optic connection to the residence from the street (“the Drop’) across the property (“the Drop Area”).

By accepting this appendix as part of the Ting Terms of Service, the Owner(s) agree to and represent that:

The person(s) agreeing to this document are the owners of the property where they are requesting service.
The Owner(s) agree to allow the City and any employee, contractor, representative, or subcontractor of the City on to the property to install, maintain, and repair the fiber optic Drop.
Taking into consideration the Owner(s) preferences, the City will determine the most expedient way to install the Drop, whether using an aerial or underground approach.
The City will install and maintain the Drop in a commercially reasonable manner, and will reasonably attempt to notify the Onwer at least 24 hours in advance of construction, repair, or maintenance activities and will perform those activities between the hours of 8:00 a.m. and 7:00 p.m.. The City will attempt to reasonably accommodate any rescheduling request by the Owner, but Owner will be responsible for any damage or loss resulting from any subsequent delays due to rescheduling.
Installation of the Drop does not obligate the City to provide services to the Owner(s). To obtain service, the Owner(s) will need to contract with a City-approved Service Provider.
Owner(s) are responsible for maintaining the area above and around the Drop Area to preserve access by the City for construction, maintenance and repair of the Drop. Failure to preserve free access to the Drop Area will void the City’s obligation to maintain and repair the Drop.
The City may remove or abandon the Drop with ninety (90) days written notice by the City.
Owner may not use the Drop for any activity or purpose other than those explicitly approved by the City.
This agreement will continue until such time as it may be terminated in writing by the Owner or the City upon ninety (90) days written notice. The Drop will remain the property of the City unless abandoned by the City.
Owner must indicate if property is the site of multiple dwelling

Fiber Drop Installation Process

Step one of the fiber installation process involves a representative of the City of Westminster installing a fiber optic drop from the edge of your property to the exterior of your dwelling.

Step two involves Ting bringing the fiber into your home and connecting your Internet service. At this time, an external utility box, an internal fiber termination box, and wireless router will be installed.

The City representative will make their best effort to locate the drop where you have requested. Items to consider before making a decision: The default location of this drop is where the existing utilities enter your home.

By accepting Ting’s Terms of Service, residents of Westminster, Maryland also agree to this Partner Access Agreement as required for fiber installation.

Appendix E: Partner Access Agreement for Memphis, Tennessee Residents

This Agreement ( this "Agreement") between:

(a) the individual signatory (“Customer” or “You”), owner of the property located at the address in Memphis, Tennessee, on the one hand; and
(b) Blue Suede Networks, LLC ("BSN") and Ting Fiber, LLC ("Ting", and together with BSN, the “Fiber Companies”,) on the other.

The purpose of the Agreement is to provide written instruction and authority for the Fiber Companies to install a fiber-optic Internet connection (hereafter, the “Fiber Connection”) to the identified residence from the public right of way, through, across, and into the property as well as a commitment to activate service with Ting.

Agreement Terms

By accepting this appendix as part of the Ting Terms of Service, the Customer(s) agrees to the following:

You agree that clicking to accept, activating, or using services constitutes your electronic signature and full consent to these terms.
By requesting the installation of a fiber-optic connection and related customer premise equipment, the Customer is committing to activate Internet service from Ting. Once the installation is completed, the credit card on file will be charged for service on a monthly basis.
The person(s) signing this document are either the owner of the residence or property or otherwise possess full authority to enter into this Agreement and grant the access rights, license and easement herein described.
The Customer hereby grants, conveys, and gives to each of BSN and Ting and their employees, contractors, designees, representatives, or subcontractors a non-exclusive license to access the property during regular business hours, including rights of ingress and egress, to install, maintain, and repair the Fiber Connection and to install all necessary equipment appurtenant thereto in the Customer’s premises, in the manner determined by them in their sole discretion. Furthermore, the Customer grants each of BSN and Ting a perpetual easement, without charge, on and through its premises for the aforementioned purposes.
The Fiber Companies will endeavor to install the Fiber Connection along the closest feasible pathway from the connection port at the street to the exterior of your dwelling. However, Customer understands and agrees that there is no guarantee that such installation will be completed along the closest feasible pathway. If, for any reason, a permanent Fiber Connection to the premises cannot be made, a temporary drop may be used to install a Fiber Connection to the Service Address. The Customer shall hold the Fiber Companies harmless from any and all claims (except for the Fiber Companies’ gross negligence or willful misconduct) arising from or related to injuries or damages, of whatever kind or nature, caused by such temporary drops.
The Fiber Companies will install and maintain the Fiber Connection in a commercially reasonable manner. In the unlikely event that construction, repair, or maintenance is needed, the Fiber Companies will reasonably attempt to notify You at least 24 hours in advance, and will perform those activities between the hours of 8:00 a.m. and 7:00 p.m.
The Customer is responsible for maintaining the area above and around the Fiber Connection to preserve access by the Fiber Companies for construction, maintenance and repair. Failure to preserve free access to the fiber-optic connection will void the Fiber Companies' obligation to maintain and repair the connection. Customer takes full responsibility for marking and notifying the Fiber Companies of any utility, wires, pipes, or other obstructions (e.g., an invisible fence) on the property prior to installation.
The Customer acknowledges and agrees that it shall not damage any equipment installed by the Fiber Companies in its premises, including, but not limited to, fiber optic cable(s), electronic access portal(s), and any other equipment. To the extent Customer damages any such equipment, Customer understands and agrees that it shall be liable to the Fiber Companies for such damages, including enforcement and court costs, and legal fees.
The Fiber Companies may remove or abandon the Fiber Connection with ninety (90) days written notice by the Fiber Companies.
The Customer may not modify, relocate, manipulate, destroy, damage, or otherwise use the Fiber Connection for any activity or purpose other than to receive Internet and related services from the companies approved by the Fiber Companies..
This Agreement and the license, easement and rights herein granted by You to each of the Fiber Companies shall be irrevocable with respect to the premises and shall extend throughout the term of this Agreement or until the date the Fiber Companies’ equipment is removed, whichever is later. The license, easement and rights granted in this Agreement to each of the Fiber Companies shall run with the land. Unless otherwise provided by law, the fiber optic cable(s), electronic access portal(s), and any other equipment shall remain the property of the Fiber Companies, as applicable.
Fiber companies’ liability to customer, owner(s) and/or users of internet services at the premises (“network users”) on account of any act or omission related to such use of the network shall be limited to actual damage to real or tangible personal property, or bodily injury or death proximately caused by fiber companies’ wilful misconduct or gross negligence. Except for such damages, network users will not be entitled to any other damages from the fiber companies, including indirect, special, consequential, reliance or punitive damages or other economic losses, regardless of the form of action. Fiber companies and their employees, officers, agents, and contractors, will have no liability whatsoever for any damages or modifications to, or loss or destruction of, network user’s hardware or software, including, without limitation, loss of data. Customer assumes full responsibility for educating network users regarding viruses, trojan horses, hacker attacks, etc., and agrees to indemnify and hold fiber companies harmless for costs and damages arising therefrom.
In the event that one of the Fiber Companies ceases to be a party to this Agreement due to termination, dissolution, or any other reason, the contractual obligations and rights among the remaining parties shall continue in full force and effect, and the termination or departure of one party shall not affect the rights and obligations of the remaining parties under this Agreement.
Customer must indicate whether the property is governed by an HOA.

Fiber Installation Details

Step one of the fiber installation process involves a BSN representative installing a fiber-optic connection from the edge of your property to the exterior of your dwelling. At this time, an external utility box may be installed at your dwelling.

Step two involves a BSN representative bringing the fiber into your home and connecting your Internet service. At this time, an internal fiber termination box, Optical Network Terminal (ONT), and a wireless router will be installed, as required.

Please note the placement of an external utility box does not necessarily mean the fiber termination box (inside the house connection) must be near that same wall. Finalization of the fiber-optic connection route (step one) must be completed before installation can occur. Inability to complete this step will result in delays in service activation or cancellation of the service order.

By accepting Ting’s Terms of Service, Memphis, TN residents explicitly agree to this Partner Access Agreement as a condition for service installation and activation.

Appendix F: Partner Access Agreement for Fullerton, California Residents

This Agreement between:

(a) the Resident identified in the Ting service order (“Customer”), of the property located at an address in Fullerton, California, on the one hand; and
(b) SiFi Networks [Fullerton] LLC and Ting Fiber, Inc. (“Fiber Companies”), on the other.

The purpose of the Agreement is to provide written instruction and authority for Fiber Companies to install a fiber-optic Internet connection (hereafter, the “Fiber Connection”) to the identified residence from the public right of way, through, across, and into the property.

Agreement Terms

By agreeing to this appendix, the Customer acknowledges, agrees and represents that:

By requesting the installation of a fiber-optic connection and related customer premise equipment, the Resident is committing to activate Internet service from Ting Fiber, Inc. Once the installation is completed, the credit card on file will be charged for service on a monthly basis.
The person(s) agreeing to this document is either the owner of the residence or a Resident of the property with authority to enter into this Agreement.
The Fiber Companies and any employee, contractor, representative, or subcontractor of the Fiber Companies is authorized to access the property to install, maintain, and repair the fiber-optic connection.
Taking into consideration Resident's preferences, the Fiber Companies will determine the most expedient way to install the fiber-optic connection.
The Fiber Companies will install and maintain the fiber-optic connection in a commercially reasonable manner. In the unlikely event that construction, repair, or maintenance is needed, the Fiber Companies will reasonably attempt to notify the Resident at least 24 hours in advance, and will perform those activities between the hours of 8:00 a.m. and 7:00 p.m.
The Resident is responsible for maintaining the area above and around the fiber-optic connection to preserve access by the Fiber Companies for construction, maintenance and repair. Failure to preserve free access to the fiber-optic connection will void the Fiber Companies' obligation to maintain and repair the connection.
The Fiber Company may remove or abandon the fiber-optic connection with ninety (90) days written notice by the Fiber Companies.
The Resident may not use the fiber-optic connection for any activity or purpose other than to receive Internet and related services from the companies approved by the Fiber Companies.
The Resident must indicate whether the property is governed by an HOA.

PROPERTY ACCESS LICENSE

Grant of License. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned (“Subscriber”) hereby grants unto SiFi Networks [Fullerton] LLC (“Network Owner”), its parents, subsidiaries, or other affiliated entities and its suppliers, agents, Services providers and contractors, the right, privilege and authority (i) to deliver, and connect the Premises (listed below) to, all services that the Facilities can support (“Services”), (ii) to, in its discretion (but without any obligation), access, construct, relocate, replace, operate, repair, maintain, upgrade, configure and remove the fiber optic network facilities (including, but not limited to, fiber optic cables, drops, temporary drops, jumpers, splice enclosures, distribution hubs and distribution terminals, electronic access portals, optical network terminals, power supply units, battery backup units, innerducts, wall plates, conduits, raceways and moldings, copper cables and wires, coaxial cables and wires, jacks, interconnection devices, interface modules, optical network equipment cabinets, and associated equipment and facilities) (collectively, the “Facilities”) within the building(s) and improvement(s) and upon, over, under and along the Premises which Subscriber owns or in which Subscriber has an interest and is authorized to enter into this Property Access License (this “License”)and (iii) to enter the Premises as may be necessary to exercise the rights granted by this License.
Term; Recordation; Authority. This License shall be irrevocable during any period in which any Services are provided to the Premises and if Subscriber terminates all Services, this License may be terminated by Subscriber upon thirty (30) days’ prior written notice to Network Owner. This License shall run with the land and at Network Owner’s sole discretion, may be recorded in the property records office of the county where the Premises are located. If Network Owner elects to record this License, Subscriber shall reasonably cooperate with Network Owner in recording this License. If Subscriber is not the owner of the Premises, Subscriber represents and warrants that the owner has granted Subscriber authority to grant this License. It is the obligation of the Subscriber to obtain any necessary approval from the owner of the Premises required for this License. At the request of Network Owner, Subscriber shall supply the owner’s name, address and phone number and/or evidence that the rightful owner has provided such approval. Subscriber shall indemnify and hold harmless Network Owner and its contractors and Service providers for claims arising due to Subscriber’s failure to obtain any required approvals or consents prior to granting this License.
Ownership; No Damage. Unless otherwise provided by applicable law, the Facilities shall remain at all times the Network Owner’s property and shall not become fixtures or in any way a part of the Premises. Subscriber shall not sell, lease, abandon, or giveaway the Facilities or any part thereof. Subscriber shall not, and shall not permit, damages or loss to the Facilities and upon termination of Services and if requested by Network Owner or Service provider, shall return the Facilities to the Network Owner or Service provider, as the case may be, in good condition. Subscriber shall be liable to Network Owner, and Network Owner may obtain reimbursement directly from Subscriber, for such damages or loss, including enforcement and court costs, and attorney fees. This provision shall survive the termination of this License.
Limitation of Liability. The limitation of liability set forth in this section apply to any acts, omissions and negligence of network owner and its suppliers, agents, providers and contractors (and each of their respective officers, employees, agents, contractors or representatives) related to this license. Under no circumstances shall network owner be liable to subscriber for indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the services, facilities or any acts or omissions associated therewith, whether such claim is based on breach of warranty, contract, tort or any other legal theory. Subscriber’s exclusive remedy with respect to the use of the services or the facilities or any breach of this license, shall be subscriber’s ability to terminate the service and to terminate this license. This section shall survive the termination of this license.
Miscellaneous. Signatures of this License which are transmitted by either physical or electronic means or both are valid for all purposes. If any provision of this License is held by the final judgment of any court of competent jurisdiction to be illegal, invalid or unenforceable, the validity of the remaining portions or provisions must not be impaired or affected, and the rights and obligations of the parties must be construed and enforced as if this License did not contain that certain part, term or provision held to be illegal, invalid or unenforceable. This License constitutes the entire agreement between Subscriber and Network Owner with respect to the license granted hereby and may be amended or altered only by written agreement executed by both parties, and supersedes all prior agreements, whether written or oral, between the parties. This License must be construed and enforced in accordance with the laws of the state in which the Premises are located. This License is binding upon and shall inure to the benefit of the parties and their respective successors and assigns.

By accepting Ting’s Terms of Service, residents of Fullerton, CA also agree to this Partner Access Agreement and Property Access License, required for service installation and ongoing access to network infrastructure.

Appendix G: Ting Business Service Agreement

TERMS OF SERVICE APPLICABLE TO ANY AND ALL SERVICE(S)

Customer, identified in the Service Order (defined in paragraph 1 below), understands and agrees that this Ting Business Service Agreement, together with the SLA (defined and provided with select services), as amended; Ting’s Privacy Policy, as amended, available at www.ting.com/internet and incorporated by reference into this Agreement; and Ting’s Acceptable Use Policy, as amended (the “AUP”), available at www.ting.com and incorporated by reference into this Agreement (collectively, the “Agreement”) applies to each and every communication service provided to Customer by Ting Fiber, LLC, 7700 S Wheeling Ct, Centennial, CO 80112, USA (“Ting”) and any affiliate of Ting that to the extent such affiliate provides services to Customer under this Agreement (“Service(s)”), which may include, without limitation, Dedicated Internet Access (“DIA”), Dedicated Point-to-Point Service (“P2P Service”), Basic Fiber Internet, Business Fiber Internet, installing any of the foregoing, and related equipment (“Equipment”).

Agreement.
This Agreement shall be effective and Customer agrees to be bound to this Agreement by: (A) executing a copy of the Ting Business Service Order presented to Customer at the time of installation (“Service Order”), (B) ordering a Service, or (C) using one or more Services at Customer’s location(s) at the address(es) set forth on the Service Order (“Customer’s location”), whichever is earlier. When a Service Order becomes effective it shall be deemed part of, and shall be subject to, this Agreement. Ting may, in its sole discretion, change, modify, add, or remove portions of this Agreement at any time by giving Customer notice in accordance with Section 13.F of this Agreement. In the event such change, modification, addition, or removal is a material change to the terms and conditions of this Agreement, Customer will have thirty (30) days from receipt of such notice to terminate the Service and return the Equipment without further liability beyond the termination date. Customer’s continued use of the Services following such thirty (30) day period shall be deemed as Customer’s acceptance to any revision in this Agreement. Any change that is not material shall be effective upon the date of notice to Customer which notice may consist of posting such changes to Ting’s website.
Services and Use.
- Ting shall use reasonable efforts to make the Services available by any requested service date. Ting shall not be liable for any damages whatsoever resulting from delays in meeting any service dates due to construction or for reasons beyond its control. The parties acknowledge and agree that, except for web hosting, if applicable, and as otherwise set forth in the Service Order, Customer may only use the Services for its own commercial purposes and not that of any third party, and Customer shall not resell the Services. Customer shall be responsible for any software and content displayed and distributed by Customer or Customer’s web hosting customers, if any. Ting shall provide Customer with the Services and Equipment identified on Customer’s Service Order; provided, however, if Ting determines that Customer’s location is not serviceable under Ting’s normal installation guidelines, Ting may terminate this Agreement and the Service Order.
- Customer will permit Ting’s employees, agents, or contractors reasonable, non-exclusive access to Customer’s location(s) for the purpose of marketing of Services, conducting customer satisfaction surveys, and performing any and all work as deemed necessary by Ting to provide the Services. Ting shall only enter Customer’s location(s) upon giving at least one (1) hour advance notice to Customer. Ting employees, agents, and subcontractors shall wear and visibly display Ting identification at all times while at Customer’s location(s). Customer shall provide such electricity as may be required for installation, operation, and maintenance of the Distribution System and Inside Wiring (each as defined below) used to provide the Services within Customer’s location(s).
Distribution System and Inside Wiring.
- “Distribution System” shall mean (i) all distribution plant and associated electronics, related equipment, and wiring installed or provided by Ting or its predecessors which is necessary to distribute Services to the Customer’s location but specifically excluding “Inside Wiring” as defined below; and (ii) all equipment furnished by Ting at the Customer’s location but specifically excluding “Inside Wiring” as defined below. To the extent applicable, the installation of the Distribution System and Inside Wiring by Ting will meet all applicable FCC specifications and will be installed in a good, workmanlike manner. Ownership of the Distribution System shall at all times be and remain in Ting and shall be used exclusively by Ting operations. At any time, Ting may remove or change the Distribution System in its sole discretion in connection with providing the Services. Customer shall not move, rearrange, disconnect, remove, attempt to repair, or otherwise tamper with the Distribution System or permit others to do so, and shall not use the Distribution System for any purpose other than that authorized by the Agreement. Ting shall maintain the Distribution System in good operating condition during the Term of this Agreement; provided, however, that such maintenance shall be at Ting’s expense only to the extent that it is related to and/or resulting from the ordinary and proper use of the Distribution System. Customer is responsible for damage to, or loss of, the Distribution System caused by its acts or omissions, its noncompliance with this Section 3, or by fire, theft, or other casualty at Customer’s location(s), unless caused by the gross negligence or willful misconduct of Ting. Customer agrees not to take any action that would directly or indirectly impair Ting’s title to the Distribution System or expose Ting to any claim, lien, encumbrance, or legal process, except as otherwise agreed in writing by the parties. Upon expiration or termination of this Agreement, Ting shall continue to own and control the entire Distribution System. Upon termination of this Agreement, Ting has the option to sell all or any portion of the Distribution System to Customer provided that, if Ting decides not to sell all or any portion of the Distribution System to Customer, any part of the Distribution System remaining on the Customer’s location shall remain the sole property of Ting.
- “Inside Wiring” shall mean that wiring located within the Customer’s location and not installed by Ting. Ownership of the Inside Wiring shall at all times be and remain in Customer. Customer shall be responsible for the repair and maintenance of the Inside Wiring, in a good, workmanlike manner in accordance with all applicable codes, regulations, or laws. Customer shall be responsible for payment of all charges for troubleshooting, maintenance, and repairs attempted or performed by Ting’s employees or authorized contractors when the difficulty or trouble report results from Inside Wiring. Ting shall not be responsible to the Customer if changes in any of the facilities, operations, or procedures of Ting utilized in the provision of Services render any Inside Wiring or other equipment provided by a Customer obsolete or require modification or alteration of such equipment or system or otherwise affect its use or performance. For the avoidance of doubt, Ting shall have no responsibility for the maintenance or repair of networks, facilities, and equipment not furnished by Ting.
Payment.
Customer shall pay all monthly recurring charges/access charges (“MRCs”), plus any non-recurring, one-time set-up, installation, activation, and/or construction charges (“NRCs”) as set forth on the Service Order or invoiced by Ting. Unless stated otherwise on the Service Order, MRCs for Services shall begin upon, and NRCs, if any, shall be due upon, the “Service Commencement Date.” The “Service Commencement Date” shall be the date upon which the Services are installed and activated as determined by Ting in its sole and exclusive discretion. All subsequent payments of MRCs and NRCs shall be due within thirty (30) days of the date of invoice. Any amount not received within thirty (30) days of the date of invoice will be subject to additional fees as set forth in this Section 4 and in Section 5 below. If applicable to the Service, Customer shall pay sales, use, gross receipts, excise, access, universal service fund assessments, franchise fees, bypass, or other local, state, and Federal taxes, or other charges imposed on the use of the Services. Taxes will be separately stated on the Customer’s invoice or as otherwise allowed by relevant law. Unpaid balances shall be subject to interest or late charges at the maximum rate allowed by law. If Customer’s account is delinquent, Ting may refer the account to a collection agency or attorney that may pursue collection of the past due amount and/or any Equipment that Customer fails to return in accordance with the Agreement. If Ting is required to use a collection agency or attorney to collect any amount owed by Customer or any unreturned Equipment, Customer agrees to pay all reasonable costs of collection or other action. Failure to receive a bill does not release Customer from Customer’s obligation to pay. Failure to pay the total balance when due shall constitute a breach of this Agreement and may be grounds for termination of Service, in addition to and not in limitation of any other rights and remedies available to Ting under the Agreement or at law or in equity, upon written notice to Customer if Customer fails to correct such non-payment default within ten (10) days written notice from Ting and removal of Equipment from the Customer’s location.
Additional Fees.
In addition to MRCs, NRCs, late charges, interest, and additional charges for collection activities, additional fees may be imposed including: (A) fees for returned checks, charge card chargeback, early termination (in accordance with Sections 6.B and 6.C), reconnection, and service calls; (B) fees imposed by governmental and quasi-governmental bodies in connection with the sale, installation, use, or provision of the Services including, without limitation, applicable franchise fees (if any), regardless of whether Ting or its affiliates pay the taxes directly or are required by an order, rule, or regulation of a taxing jurisdiction to collect them from Customer; and (C) fees imposed by Ting that are not government-mandated. Regulatory recovery fees may include fees Ting pays to others in support of statutory or regulatory programs. Additionally, these regulatory recovery fees may also include recovery of costs for legal, intellectual property, cybersecurity, compliance, and other related expenses including those related to customer privacy protection and anti-fraud protection. These regulatory recovery fees are not a tax and are not government-mandated. A list of fees is available on Ting’s website (www.ting.com/internet) (“Schedule of Fees”). Ting reserves the right to amend or change the Schedule of Fees from time to time. Taxes and other government-mandated fees and surcharges may be changed by posting the changes on Ting’s website. Ting may change any non-government-mandated fees or taxes subject to thirty (30) days prior notice to Customer in accordance with Section 13.F of this Agreement. Customer will have thirty (30) days from receipt of such notice to cancel the applicable Service without further liability. Should Customer fail to cancel within this timeframe, Customer will be deemed to have accepted the modified Service fees. Nothing within this Section is intended to limit Ting’s ability to increase charges associated with the Services as set forth in Section 6.A.
Term, Early Termination, Liquidated Damages.
- The term of the Service Order shall commence on the date that any Service or construction commences and shall terminate upon the expiration or earlier termination of the term set forth on the Service Order (the “Term”). If a Service Order does not specify a term, the Term shall be one (1) year from the date that any Service commences. Upon the expiration of the Term or then-current Renewal Term, the applicable Service Order shall automatically renew for successive periods of thirty (30) days each (“Renewal Term(s)”), unless prior notice of non-renewal is delivered by either party at least ninety (90) days prior to the expiration of the Term or the then-current Renewal Term. Prior to the end of the Term or the then-current Renewal Term, Ting may modify the charges for Services for the upcoming Renewal Term to reflect then-current prevailing pricing subject to thirty (30) days prior notice to Customer in accordance with Section 13.F of the Agreement. Customer will have thirty (30) days from receipt of such notice to cancel the applicable Service without further liability. Should Customer fail to cancel within this timeframe, Customer will be deemed to have accepted the modified Service pricing for the remainder of the Renewal Term.
- If Customer cancels, terminates, or downgrades the Service before the completion of the Term, Customer agrees to pay Ting all sums, which shall become due and owing as of the effective date of the cancellation or termination, including: (i) all NRC reasonably expended by Ting to establish Service to Customer and not remunerated; and (ii) any disconnection, early cancellation, or termination charges reasonably incurred and paid by Ting to third parties on behalf of Customer.
- In addition to all amounts payable by Customer to Ting with respect to each Service terminated during the Term and except as otherwise provided in this Agreement, Ting may impose on Customer as liquidated damages (i) for a Term that is three (3) years or less, an amount equal to one hundred percent (100%) of the remaining MRC if Customer terminates a Service Order prior to the expiration of the Term; and (ii) for a Term that is greater than three (3) years, an amount equal to (a) one hundred percent (100%) of the remaining MRC if Customer terminates a Service Order between the Service Commencement Date through the last day of the third year of the Term; (b) ninety percent (90%) of the remaining MRC if Customer terminates a Service Order during the fourth year of the Term; and (c) eighty-five percent (85%) of the remaining MRC if Customer terminates a Service Order in the fifth year of the Term. The parties acknowledge and agree that Ting has invested in new equipment and infrastructure to provide the Services to Customer and calculating actual damages associated with Customer’s early termination liability would be complex; accordingly, the parties agree that the foregoing is an accurate and fair assessment of damages to Ting and constitute liquidated damages and not a penalty.
- Upon the expiration or termination of a Service Order for any reason: (i) Ting may disconnect the applicable Service; (ii) Ting may delete all applicable data, files, electronic messages, or other information stored on Ting’s servers or systems; (iii) if Customer has terminated the Service Order prior to the expiration of the Term for convenience, or if Ting has terminated the Service Order prior to the expiration of the Term or the Renewal Term, as applicable, as a result of material breach by Customer, Ting may assess and collect from Customer applicable termination charges in accordance with Sections 6.B and 6.C; and (iv) Customer shall permit Ting access to retrieve from the Customer’s location(s) any and all Equipment (however, if Customer fails to permit access, or if the retrieved Equipment has been damaged and/or destroyed other than by Ting or its agents, normal wear and tear excepted, Ting may invoice Customer for the full replacement cost of the relevant Equipment, or in the event of minor damage to the retrieved Equipment, the cost of repair, which amounts shall be immediately due and payable).
- The parties acknowledge that the respective rights and obligations of each party as set forth in this Agreement upon its execution are based on law and the regulatory environment as it exists on the date of execution of this Agreement. Ting may, in its sole discretion, terminate this Agreement and/or any Service Orders, in whole or in part, upon thirty (30) days prior written notice to Customer in the event there is a material change in any law, rule, regulation, Force Majeure event, or judgment of any court or government agency and that change affects Ting’s ability to provide the Services herein.
Disputed Charges.
Customer must notify Ting in writing of billing error disputes or requests for credit within thirty (30) days of Customer receipt of the bill for which correction of an error or credit is sought. The date of the dispute shall be the date Ting receives sufficient documentation to enable Ting to investigate the dispute. The date of the resolution is the date Ting completes its investigation and notifies Customer of the disposition of the dispute.
Default.
If Customer fails to comply with any material provision of this Agreement including, but not limited to, failure to make payment as specified, then Ting, at its sole option, may elect to pursue one or more of the following courses of action upon proper notice to Customer as required by applicable law: (A) terminate the Services whereupon all sums then due and payable shall become immediately due and payable including, but not limited to, any early termination fees, charges for Equipment, etc.; (B) suspend all or any part of Services; and/or (C) pursue any other remedies, including reasonable attorneys’ fees, as may be provided at law or in equity, including the applicable termination liabilities.
LIMITATION OF LIABILITY.
EXCEPT FOR ANY REFUNDS OR CREDITS AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS PROVIDED IN SECTION 12.B. OF THIS AGREEMENT, TING, ITS OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AFFILIATES, VENDORS, CARRIER PARTNERS, CONTENT PROVIDERS, AND OTHER PERSONS OR ENTITIES INVOLVED IN PROVIDING THE SERVICES OR EQUIPMENT (COLLECTIVELY, THE “TING PARTIES”) SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COST, OR EXPENSE INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES, LOSS OF DATA, PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, OR LEGAL FEES AND EXPENSES, SOUGHT BY CUSTOMER OR ANYONE ELSE USING CUSTOMER’S SERVICE ACCOUNT, AND/OR EQUIPMENT OR OTHERWISE ARISING IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL, OR USE OF SERVICES AND/OR EQUIPMENT OR CUSTOMER’S RELIANCE ON THE SERVICES AND/OR EQUIPMENT INCLUDING, WITHOUT LIMITATION ANY LIABILITY THAT ARISES DIRECTLY OR INDIRECTLY OUT OF THE USE OR INABILITY TO USE THE SERVICES, MISTAKES, OMISSIONS, INTERRUPTIONS, FAILURE, MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN INSTALLATION, FAILURE TO MAINTAIN PROPER STANDARDS OF OPERATION, FAILURE TO EXERCISE REASONABLE SUPERVISION, DELAYS IN TRANSMISSION, BREACH OF WARRANTY, OR FAILURE OF PERFORMANCE OF THE SERVICES AND/OR EQUIPMENT; OR RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING RELATING TO THE SERVICES AND/OR EQUIPMENT, OR THE INFRINGEMENT OF THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. EXCEPT AS PROVIDED IN SECTION 12.B. OF THIS AGREEMENT, TING’S MAXIMUM LIABILITY TO CUSTOMER ARISING UNDER THIS AGREEMENT SHALL BE THE LESSER OF $5,000.00 OR THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR SERVICES HEREUNDER FOR THE PRIOR SIX (6) MONTHS. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY DESCRIBED IN THIS AGREEMENT.
WARRANTIES.
- CUSTOMER AGREES THAT THE SERVICES AND EQUIPMENT ARE PROVIDED BY TING ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, THAT THERE ARE NO AGREEMENTS, WARRANTIES, OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND TING DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT, OR SOFTWARE SHALL BE ERROR-FREE OR WITHOUT INTERRUPTION. TING MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK OR SERVICES. ALL USE OF THE SERVICES ARE AT CUSTOMER’S SOLE RISK AND CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR CUSTOMER’S OR ANY USER’S USE OF THE SERVICES. THE TING PARTIES MAKE NO WARRANTIES THAT THE SERVICE, EQUIPMENT, OR SOFTWARE ARE COMPATIBLE WITH ANY CUSTOMER EQUIPMENT AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR IMPAIRMENT OF SERVICE DUE IN WHOLE OR IN PART TO CUSTOMER EQUIPMENT. THE TING PARTIES MAKE NO WARRANTY AS TO THE SECURITY OF CUSTOMER’S COMMUNICATIONS VIA TING’S FACILITIES OR SERVICES, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR CUSTOMER’S COMMUNICATIONS. CUSTOMER AGREES THAT CUSTOMER HAS THE SOLE RESPONSIBILITY TO SECURE CUSTOMER’S COMMUNICATIONS AND THAT THE TING PARTIES WILL NOT BE LIABLE FOR ANY LOSS ASSOCIATED WITH SUCH UNAUTHORIZED ACCESS.
- IN NO EVENT SHALL THE TING PARTIES BE LIABLE FOR ANY LOSS, DAMAGE, OR CLAIM ARISING OUT OF OR RELATED TO: (i) STORED, TRANSMITTED, OR RECORDED DATA, FILES, OR SOFTWARE; (ii) ANY ACT OR OMISSION OF CUSTOMER, ITS USERS, OR THIRD PARTIES; (iii) INTEROPERABILITY, INTERACTION, OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; OR (iv) LOSS OR DESTRUCTION OF ANY CUSTOMER HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM ANY VIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT.
Disruption of Service.
The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property, or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. Customer expressly assumes the risks of any damages resulting from High Risk Activities. Ting shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services.
Indemnity.
- Customer agrees to hold Ting harmless and to indemnify and defend Ting and its respective officers, directors, employees, agents, parent, and subsidiary or affiliate companies and their respective officers, directors, employees, and agents (collectively referred to herein as “Ting Indemnitees”) from and against all claims or causes of action brought or asserted by a third party, and all losses, damages, suits, judgments, settlements, and liability of every kind (including all expenses of litigation, court costs, and reasonable attorney’s fees) incurred by the Ting Indemnitees in the resolution of any such claim or cause of action, to the extent such claim or cause of action is caused by or arising out of (i) the gross negligence or willful misconduct of Customer or its affiliates or any of their employees or (ii) the breach by association of any of its obligations under this Agreement; except however to the extent any of the above is caused by, arises out of, or is related to the negligence or willful misconduct of the Ting Indemnitees or any of their employees, agents, or contractors or by Ting’s breach of any of its obligations under this Agreement.
- Ting agrees to hold Customer harmless and indemnify and defend Customer and its partners, and their respective officers, directors, employees, agents, parent, and subsidiary or affiliate companies, and their respective officers, directors, employees, and agents (“Customer Indemnitees”) from and against all claims or causes of action brought or asserted by a third party and all losses, damages, suits, judgments, settlements, and liability of every kind (including all expenses of litigation, court costs, and reasonable attorney’s fees) incurred by the Customer Indemnitees in the resolution of any such claim or cause of action, to the extent such claim or cause of action is caused by or arising out of (i) the gross negligence or willful misconduct of Ting or its affiliates or any of their employees; (ii) the breach by Ting of any of its obligations under this Agreement; or (iii) any actual or alleged infringement of any third party’s trade secrets, trademark, copyright, patent, or other intellectual property rights by Ting; except to the extent any of the above is caused by, arises out of, or is related to the negligence or willful misconduct of the Customer Indemnitees or any of their employees, agents, or contractors or the breach by Customer of any of its obligations under this agreement. In the event any infringement claim of the type described in the preceding sentence, Ting shall, at its option, either (a) replace or modify the infringing item or service to make it non-infringing while maintaining equivalent functionality; (b) procure the right to continue using the infringing item or service pursuant to this Agreement; (c) replace the infringing item or service with an item or service which has reasonably equivalent functionality and is non-infringing; or (d) if none of the preceding can be achieved on commercially reasonable terms and within a commercially reasonable period of time, terminate the applicable Service.
Miscellaneous.
- The Agreement constitutes the entire agreement between Ting and Customer for the Services and Equipment provided herein.
- The invalidity or unenforceability of any term or condition of this Agreement shall not affect the validity or enforceability of any other provision.
- This Agreement may be modified, waived, or amended only by a written instrument signed by the parties or as otherwise set forth in this Agreement.
- The rights and obligations of the parties under this Agreement shall be governed by the laws of the state where Customer’s location is located.
- The failure by either party to exercise one or more rights provided in this Agreement shall not be deemed a waiver of the right to exercise such right in the future.
- Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent, with all postage and charges prepaid, by any overnight mail service with proof of receipt or by certified or registered mail. Notices to Customer shall be sent to the Customer billing address on the Service Order; notices to Ting shall be sent to 7700 S Wheeling Ct, Centennial, CO 80112, USA. All such notices shall be deemed given and effective on the day when delivered by overnight delivery service or certified mail.
- All representations, warranties, indemnifications, dispute resolution provisions, and limitations of liability contained in this Agreement shall survive the termination of this Agreement, as well as any other obligations of the parties hereunder which, by their terms, would be expected to survive such termination or which relate to the period prior to termination (including legal conditions, payment, and Ting rights and the rights of others).
- This Agreement does not expressly or implicitly provide any third party (including users) with any remedy, claim, liability, reimbursement, cause of action, or other right or privilege.
- The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture, or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
Force Majeure.
This Agreement and the obligations of the parties shall be subject to modification to comply with all applicable laws, regulations, court rulings, and administrative orders, as amended. Except for payment obligations, in no event shall either party have any claim against the other for failure of performance if such failure is caused by acts of God, natural disasters, (including fire, flood, or winds), civil or military action, plague or pandemic, Internet failure, riots, civil insurrections, acts of terrorists, the taking of property by condemnation, or any other cause beyond Ting’s reasonable control (each, a “Force Majeure event”).
ARBITRATION.
- If Customer has a Claim (as defined below) with Ting that cannot be resolved through an informal dispute resolution process between the parties, Customer or Ting may elect to arbitrate that Claim in accordance with the terms of this arbitration provision (“Arbitration Provision”) rather than litigate the Claim in court. Arbitration means the parties will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in arbitration may result in limited discovery and may be subject to limited review by courts.
- The term “Claim” means any claim, dispute, or controversy arising out of or relating to this Agreement including any of its components, the Services or Equipment provided by Ting, or any oral or written statements, advertisements, or promotions relating to this Agreement or to the Services or Equipment.
- All arbitration shall be initiated and conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (“AAA”). The AAA rules and forms are available online at www.adr.org. AAA shall appoint the arbitrator. The party initiating arbitration shall give notice to the other party by mailing a copy of the request for arbitration to the other party at the addresses on the Service Order. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Provision. Unless Customer and Ting agree otherwise, any arbitration hearings will take place by video or telephone conference. If Customer’s Claim is for $10,000 or less, Ting agrees that Customer may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic or hearing as established by the AAA Rules. If Customer’s Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages and may not, in any event, make any ruling, finding, or award that does not conform to the terms and conditions of this Agreement. The AAA rules and the laws of the state where Customer’s location is located shall apply to and govern the substance of any Claim.
- Customer will be responsible for paying Customer’s share of any arbitration fees (including filing, administrative, hearing, or other fees), but only up to the amount of the filing fees Customer would have incurred if Customer had brought a Claim in court. Ting will be responsible for any additional arbitration fees. At Customer’s written request, Ting will consider, in good faith, making a temporary advance of Customer’s share of any arbitration fees or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. IF THE ARBITRATION PROCEEDING IS DECIDED IN TING’S FAVOR, CUSTOMER SHALL REIMBURSE TING FOR THE FEES AND COSTS ADVANCED TO CUSTOMER ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN CUSTOMER’S FAVOR, CUSTOMER WILL NOT BE REQUIRED TO REIMBURSE TING FOR ANY OF THE FEES AND COSTS ADVANCED BY TING.
- Customer may reject this Arbitration Provision by sending a written REJECTION NOTICE to Ting Fiber, LLC, 7700 S Wheeling Ct, Centennial, CO 80112, USA. Customer’s rejection notice must be mailed within forty-five (45) days of the Effective Date. Customer’s rejection notice must state that Customer rejects the Arbitration Provision and include Customer’s name, address, account number, and signature of an authorized party. If Customer’s rejection notice complies with these requirements, this Arbitration Provision and any other arbitration provisions in this Agreement or the Service Order(s) will not apply to Customer, except any Claims subject to pending litigation or arbitration at the time Customer sends Customer’s rejection notice. Rejection of this Arbitration Provision will not affect Customer’s other rights or responsibilities under this Agreement. Rejecting this Arbitration Provision will not affect Customer’s receipt of the Services.
- IF EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER RECIPIENTS OF THE SERVICES, OR OTHER PERSONS SIMILARLY SITUATED. The arbitrator’s authority is limited to Claims between Customer and Ting alone. Claims may not be joined or consolidated unless Customer and Ting agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of this Section 15.F is deemed invalid or unenforceable, then the entire Arbitration Provision, meaning the entirety of this Section 15 (other than this sentence) will not apply and will be severed from this Agreement in its entirety.
- Subject to Section 15.F., if any clause within this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Provision will be unenforceable, and the dispute will be decided by a court. In the event this entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a Claim is brought that is found by a court to be excluded from the scope of this Arbitration Provision, Customer and Ting have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
Confidential Information and Privacy.
- “Confidential Information” shall mean all information regarding either party’s business which has been marked or is otherwise communicated as being “proprietary” or “confidential” or which reasonably should be known by the receiving party to be proprietary or confidential information. Without limiting the generality of the foregoing, Confidential Information shall include, even if not marked, this Agreement, promotional materials, proposals, quotes, rate information, discount information, subscriber information, network upgrade information and schedules, network operation information (including without limitation information about outages and planned maintenance), and invoices, as well as the parties’ communications regarding such items.
- All Confidential Information shall be kept by the receiving party in strict confidence and shall not be disclosed to any third party without the disclosing party’s express written consent. Notwithstanding the foregoing, such information may be disclosed (i) to the receiving party’s employees, affiliates, and agents who have a need to know for the purpose of performing this Agreement, using the Services, rendering the Services, and marketing related products and services (provided that in all cases the receiving party shall take appropriate measures prior to disclosure to its employees, affiliates, and agents to assure against unauthorized use or disclosure); or (ii) as otherwise authorized by this Agreement. Each party agrees to treat all Confidential Information of the other in the same manner as it treats its own proprietary information, but in no case using a degree of care less than a reasonable degree of care.
- Notwithstanding the foregoing, each party’s confidentiality obligations hereunder shall not apply to information that: (i) is already known to the receiving party without a pre-existing restriction as to disclosure; (ii) is or becomes publicly available without fault of the receiving party; (iii) is rightfully obtained by the receiving party from a third party without restriction as to disclosure; (iv) is approved for release by written authorization of the disclosing party; (v) is developed independently by the receiving party without use of the disclosing party’s Confidential Information; or (vi) is required to be disclosed by law or regulation.
- Notwithstanding any other Section of this Agreement, the non-breaching party shall be entitled to seek equitable relief to protect its interests pursuant to this Section 16, including, but not limited to, injunctive relief.
- Ting shall have no obligation to monitor postings or transmissions made in connection with the Services, however, Customer acknowledges and agrees that Ting and its agents shall have the right to monitor any such postings and transmissions from time to time and to use and disclose them in accordance with this Agreement and as otherwise required by law or government request. Ting reserves the right to refuse to upload, post, publish, transmit, or store any information or materials, in whole or in part, that, in Ting’s sole discretion, is unacceptable, undesirable, or in violation of this Agreement or applicable law.
- In the event of a conflict between the provisions of this Section 16 and any provision of Ting’s Privacy Policy, the applicable provision of Ting’s Privacy Policy shall prevail in the resolution of the conflict. Ting is not responsible for any information provided by Customer to third parties, and this information is not subject to the privacy provisions of this Agreement or Ting’s Privacy Policy. Customer assumes all privacy and other risks associated with providing personally identifiable information to third parties via the Services.
Prohibited Uses.
- Title and intellectual property rights to the Services are owned by Ting, its agents, suppliers, or affiliates or their licensors. Except as otherwise provided in this Agreement, Customer may not sell, resell, sublease, assign, license, sublicense, share, provide, or otherwise utilize in conjunction with a third party (including without limitation, in any joint venture or as part of any outsourcing activity) the Services or any component thereof.
- Ting reserves the right to act immediately and without notice to terminate or suspend the Services and/or to remove from the Services any information transmitted by or to Customer or users, if Ting (i) determines that such use or information does not conform with the requirements set forth in this Agreement; (ii) determines that such use or information interferes with Ting’s ability to provide the Services to Customer or others; (iii) reasonably believes that such use or information may violate any laws, regulations, or written and electronic instructions for use; or (iv) reasonably believes that Customer’s use of the Service interferes with or endangers the health and/or safety of Ting personnel or third parties. Furthermore, the Services shall be subject to the Acceptable Use Policy (AUP). Customer agrees to adhere to, and shall ensure that its users adhere to, the AUP. Ting may update the AUP from time to time, with or without actual notice to Customer. Accordingly, Customer should check the above web addresses (or the applicable successor URLs) on a regular basis to ensure that its activities conform to the most current version of the AUP. Ting’s action or inaction in enforcing acceptable use shall not constitute review or approval of Customer’s or any other users’ use or information.
- Any breach of this Section 17 shall be deemed a material breach of this Agreement. In the event of such material breach, Ting shall have the right to restrict, suspend, or terminate immediately this Agreement and/or any or all Service Orders, without liability on the part of Ting, and then to notify Customer of the action that Ting has taken and the reason for such action, in addition to any and all other rights and remedies under this Agreement.
Assignment.
Customer may not assign, in whole or in part, this Agreement without the prior written consent of Ting, which consent may be withheld in Ting’s discretion. Ting may assign, in whole or in part, this Agreement, and Service may be provided by one or more legally authorized Ting affiliates. If Ting or an affiliate of Ting which provides Customer with Services is considering a merger, acquisition, or sale of all or a portion of its assets (each, a “Transaction”), Ting may disclose Customer’s Confidential Information in connection with such Transaction with or without notice to Customer but subject to a written agreement with such third party governing the use, storage, and disposal of such information.

Ting Internet Terms of Service

Changes to the Terms

Service Description

Installation

Regional Partner Access Agreements

Devices

Billing and Payment

Acceptable Use Policy

Digital Millennium Copyright Act

DMCA Copyright Notifications:

Privacy and Use of Your Information

Cooperation with Law Enforcement

Website Use

Dispute Resolution

Limitation of Liability

Warranties

Indemnification

Notices and Communications

Termination

Content, Security, and Applications

Assignment

Appendix A: Partner Access Agreement for Encinitas, California

Appendix B: Partner Access Agreement for Solana Beach, California

Appendix C: Partner Access Agreement for Carlsbad, California

Appendix D: Partner Access Agreement for Westminster, Maryland Residents

Fiber Drop Installation Process

Appendix E: Partner Access Agreement for Memphis, Tennessee Residents

Agreement Terms

Fiber Installation Details

Appendix F: Partner Access Agreement for Fullerton, California Residents

Agreement Terms

PROPERTY ACCESS LICENSE

Appendix G: Ting Business Service Agreement

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