Terms and Privacy
Island Fiber Terms and Conditions
The following Terms and Conditions are between you, the customer, and, Camp Fox, LLC. d/b/a Island Fiber, Inc., hereinafter referred to as Island Fiber. The Terms and Conditions constitutes a legal document that details your rights and obligations as a purchaser of Island Fiber services (individually and collectively referred to as "Services"). Your Terms and Conditions will continue to apply to your Island Fiber services when they are transferred from one location to another.
You must accept these Terms and Conditions as a condition of receiving the Services. For purposes of the Terms and Conditions, "you" and "your" refer to the person purchasing the Services. "We," "our," "us," refer to Island Fiber.
Island Fiber will comply with all applicable federal, state and local laws, to the extent that such laws apply to Island Fiber and its obligations under the Terms and Conditions. If there is any conflict between the Terms and Conditions and such applicable law, such applicable law controls. These conflicts could include, but are not limited to, fees and charges for service, billing and payments, notices, and your rights and remedies.
General Terms and Conditions
LEGAL AUTHORITY: You must be at least 18 years of age to purchase the Services as an individual or to accept the Terms and Conditions as an authorized representative for the person or entity who purchases the Services. By accepting the Terms and Conditions, you confirm you are an adult of at least 18 years of age. If you are an entity, by accepting the Terms and Conditions, you confirm (through your duly authorized representative) that you are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept the Terms and Conditions; and you are also confirming that the Terms and Conditions constitutes a valid and binding obligation of yours. All use of the Services, whether or not authorized by you, shall be deemed your use. You are responsible for ensuring that all use of the Services complies with the Terms and Conditions.
By enrolling in, activating, using, or paying for the Services, you agree to the Terms and Conditions, including but not limited to the prices, charges, and Terms and Conditions provided to you in marketing and informational materials associated with the Services and on the Island Fiber web site, all of which are incorporated herein by reference. If you do not agree to all of the aforementioned Terms and Conditions, do not use the Services, and cancel the Services immediately by calling Island Fiber at (251) 981-1717 for further directions.
UPDATES: The Terms and Conditions may be updated or changed from time to time. You can review the most current version of the Terms and Conditions at any time at: www.islandfiber.net. If Island Fiber makes a change to the Terms and Conditions and that change has a material impact on the Services, you will be provided notice of that change. Your continued use of the Services following such notice constitutes your acceptance of those changes.
SPECIAL ARRANGEMENTS: Some customers may receive the Services through a special arrangement with their property owner or manager. If you have such an arrangement, the Terms and Conditions shall apply to the Services, except that Island Fiber may not directly charge you for Services (including Equipment) provided to you as part of the special arrangement, and the Equipment return provisions may not apply to you even though Equipment remains Island Fiber-owned. You will be responsible for fees and charges associated with additional Service orders. You may have an additional agreement or contract with your property owner or manager that covers any applicable special arrangement. Any such additional agreement or contract is outside the Terms and Conditions and Island Fiber is not responsible for nor bound by the terms of any agreement you may have with your property owner or manager. If the special arrangement with your property owner or manager terminates, you may have the option to continue receiving Service under standard billing terms and the Terms and Conditions.
1. IMPORTANT TERMS
Use of the Services is subject to the Island Fiber Acceptable Use Policy , which is incorporated herein by reference. Once you have purchased the Services you will have an account with Island Fiber ("Island Fiber Account"). Your Island Fiber Account will include information applicable to the Services including but not limited to billing information and
You will be responsible for payment of service charges for visits by Island Fiber or its subcontractors to your premises when a service request results from causes not attributable to Island Fiber or its subcontractors. You will provide Island Fiber and its subcontractors with reasonable access to your premises in order to install, maintain, and repair the Service and you authorize any other adult resident or guest at your residence to grant access to your premises for these purposes. You understand and agree that Island Fiber may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces). If you do not own your premises or your unit is part of a multi-tenant environment (e.g., apartment building, condominium, private subdivision), you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to make alterations Island Fiber deems appropriate for the work to be performed.
You acknowledge that Island Fiber may use existing wiring, including altering the wiring and removing accessories, located within your unit ("Inside Wiring"). You warrant that you own or control the Inside Wiring, and give Island Fiber permission to use, alter, and remove equipment from, such wiring. Without limiting any other provisions of this Terms and Conditions, you agree to indemnify Island Fiber from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services.
3. FEES AND CHARGES
AGREEMENT TO PAY: You agree to pay all fees and charges for the Services associated with your Island Fiber Account, including recurring and nonrecurring charges, taxes, fees, surcharges, and assessments applicable to the Services, associated equipment, installation and maintenance, and including all usage and other charges associated with your account. In order to provide you with the Services, Island Fiber may pay taxes, fees, and surcharges to municipalities and other governmental entities, which Island Fiber may pass on to you.
LATE PAYMENT CHARGE AND DISHONORED CHECK OR OTHER INSTRUMENT FEE: If the entire amount of payment due is not received by the payment due date, a late payment charge will be charged to you. Island Fiber may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse Island Fiber for all expenses incurred to recover sums due, including attorneys' fees and other legal
expenses. You will be charged a fee for any check or other instrument (including credit card charge backs) tendered by you and returned unpaid by a financial institution for any reason.
CHANGES TO FEES & CHARGES: If you signed up for Services for a specified term, Island Fiber will automatically begin charging the applicable month-to-month fee at the conclusion of your term. If you purchased the Services as part of a bundled offering with one or more other products and are receiving a discount based upon that bundled offering, your discount may cease and you may be billed the standard monthly rate for the Services if you change or disconnect one or more of the services in the applicable bundle. Island Fiber may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges.
4. BILLING AND PAYMENTS
ADVANCE PAYMENTS AND/OR DEPOSITS: We may require you to make deposits or advance payments for Services, which we may use to satisfy your initial bill for Services, to offset against any unpaid balance on your account, or as otherwise set forth in the Terms and Conditions or permitted by law. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness or for other reasons, we may establish limits and restrict service or features as we deem appropriate. If your account balance goes beyond the limit we set for you, we may immediately interrupt or suspend service until your balance is brought below the limit. Any charges you incur in excess of your limit become immediately due. Upon determination solely by Island Fiber of satisfactory payment history or as required by law, Island Fiber may begin refunding of the deposit or advance payment through bill credits, cash payments, or as otherwise determined solely by Island Fiber.
PAYMENT CYCLE AND CANCELLATION: Billing for the Services commences when Island Fiber has provisioned the Services. Recurring charges for each month's Services will be billed one month in advance. Billing is based on a 30-day cycle. Non-recurring and usage-based charges for the Services generally will be billed in the billing cycle following the transaction. Your first bill for Services may include pro-rated charges for a partial monthly period prior to the beginning of your first monthly billing cycle. Upon termination you will be charged for the pro-rated number of days for which you had Services in that billing cycle and, if applicable, you will receive a credit for any balance of payments for Services billed in advance. A downgrade fee may apply if you make changes to your Service within thirty (30) days of Service provisioning or later programming orders.
METHOD OF BILLING/PAYMENT: Fees and charges for the Services will be billed to your Island Fiber Account. You will receive a digital receipt for the Service once billed. Bill Inquiries and Refunds: If you believe you have been billed in error for the Services, please notify us within sixty (60) days of the billing date by contacting Customer Service
at (251) 981-1717. Island Fiber will not issue refunds or credits after the expiration of this sixty-day period, except where required by law or regulation.
PROMOTIONS AND CONTINGENT BENEFIT: You may receive or be eligible for certain discounts, features, promotions, and other benefits associated with your purchase of the Services as offered to you in marketing and informational materials, on the Island Fiber web site, or in other materials ("Benefits"). Any and all such Benefits are provided to you so long as you continue to meet qualification requirements; provided, however, such Benefits may be modified or terminated at any time as set forth in these Terms and Conditions or if you change your Services after installation. Unless otherwise set forth in Benefits materials, standard monthly rates will be charged at the conclusion of the Benefits period or when you no longer qualify for the Benefits.
The Services include certain service specific equipment set forth in Schedule 1 and/or Schedule 2 that is required for the Services to function (service-specific equipment herein collectively referred to as "Equipment"). You agree to rent the Equipment as part of your purchase of the Services for the duration of your receipt of the Services. Rental fees will be included in your monthly charge for the Services. The Equipment requires electrical power from your premises to operate, which you are responsible for providing. You may also have an Optical Network Terminal ("ONT"), which is a box typically located on the side of your house or in your garage, where Island Fiber's fiber network terminates. The ONT also requires electrical power from your home to operate, which you are responsible for providing. Island Fiber installs an initial power supply box for the ONT when the first resident at a premise orders Island Fiber FTTH services. The ONT power supply box converts the AC power in your home to the DC power required by the ONT.
BACKUP BATTERY FOR ONT: If there is an ONT at your premises and you are the first resident at the premises to order Island Fiber FTTH services, Island Fiber provides the initial backup battery for the ONT power supply box to you at no additional charge when your first Island Fiber service is installed. If a prior resident of the premises was the first resident to order Island Fiber services, Island Fiber provides the replacement backup battery for the ONT power supply box to you at no additional charge. Afterwards, Island Fiber will replace backup batteries based on alarms received in our central office.
Island Fiber reserves the right to manage the Equipment during the time you are a Island Fiber customer and retains exclusive rights to data generated by the Equipment. Neither you nor a third party may change, interfere with, or block access to the Equipment data or settings. Island Fiber will repair or replace damaged Equipment as Island Fiber deems necessary. You understand that repair or replacement of the Equipment may delete stored content, reset personal settings, or otherwise alter the Equipment. If the Equipment was damaged due to your intentional acts or negligence as determined by Island Fiber, you will be responsible for the price of repair or replacement. Any tampering with the Equipment, including, for example, opening and attempting to modify the Equipment, or attempting to connect the Equipment to other hardware, will be treated as damage due to your intentional acts or negligence. You agree that you will use the Equipment only for
its intended residential use, and not for any other purpose (such as on another Island Fiber network, or on another provider's (non-Island Fiber) network).
Island Fiber will not provide support for, or be responsible for, ongoing maintenance or management of, customer-owned equipment.
You agree to indemnify and hold Island Fiber and its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any claim, demand, action, citation, or legal proceeding , including, but not limited to, those arising out of or resulting from the death or bodily injury of any person, or the damage, loss, or destruction of any real or tangible personal property, or for reasonable attorneys' fees, made by any party against Island Fiber, its subsidiaries, affiliates, directors, officers, agents, and employees arising out of or related to your use of or inability to use the Services, your connection to the Services, the provisioning or alleged failure to provision the Services, a violation of any provision of this Terms and Conditions, or your violation of any rights of another.
7. INTERRUPTIONS, LIMITATIONS, AND MODIFICATIONS TO SERVICE
Service may be temporarily interrupted or otherwise limited for a variety of reasons, some beyond the control of Island Fiber. Island Fiber reserves the right to refuse credit allowances for interruptions of Service. Island Fiber also reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Services (or any function or feature of the Services or any part thereof) without liability. You acknowledge that Island Fiber may establish general practices and limits concerning use of the Services.
IP NETWORK INTERRUPTIONS: You acknowledge and understand that the Services will not function in the event of an IP network interruption.
8. ACCOUNT SECURITY
CUSTOMER DUTY: You agree to keep confidential all passwords, user IDs, IP addresses, and other account identifiers and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are solely and fully responsible and liable for all activities that occur under your Island Fiber Account, password, user ID, or IP address. You agree to: (a) immediately notify Island Fiber if you suspect any breach of security such as loss, theft, public use (unrestricted, open, communal or shared use by third parties unrelated and/or not affiliated with the Customer either for profit or not for profit) or unauthorized disclosure or use of your Island Fiber Account, password, user ID, or any credit or charge card number provided to Island Fiber by calling (251) 981-1717; (b) ensure you exit from your account as applicable at the end of each session; and (c) periodically change your password.
ACCOUNT ACCESS: You authorize Island Fiber to provide information about and to make changes to your Island Fiber Account, including adding new service, upon the direction of any person able to provide information we deem sufficient to identify you.
ASSUMPTION OF RISK: There is a risk that other users may attempt to access your Services, such as through the internet or connected networks. You acknowledge this risk as inherent to the shared nature of the Services and you agree to take full responsibility for taking adequate security precautions and safeguarding your data.
THEFT OF HOME TELECOM EQUIPMENT OR SERVICE: You agree to notify Island Fiber immediately, in writing or by calling the Island Fiber customer support line, if the Equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide your Island Fiber Account number and a detailed description of the circumstances of the Equipment theft, including documentation of theft (e.g., a copy of a police report) or stolen or fraudulent use of the Services. You will be responsible for all charges incurred on your Island Fiber Account until you report the theft or fraudulent use of the Services. You will be responsible for stolen Equipment, however, Island Fiber may in its sole discretion waive or reduce charges for stolen Equipment upon submission of documentation of theft or other circumstances. Failure to provide notice to Island Fiber of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by Island Fiber, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your monthly fees for Services not stolen or fraudulently used.
9. SUSPENSION AND TERMINATION
SUSPENSION/TERMINATION BY HOME TELECOM: Your Services may be suspended or terminated if your payment is past due. While your Services are suspended you will not receive automatic credit balances (if any are due) and billing will continue for your monthly charges, and any applicable promotional offers may be discontinued and revoked as determined solely by Island Fiber. You will be charged a fee to restore your Service from suspension. In addition, Island Fiber may immediately terminate all or a portion of your Service or suspend Service, without notice, for conduct that Island Fiber believes (a) is illegal, fraudulent, harassing, abusive, or intended to intimidate or threaten; (b) constitutes a violation of any law, regulation, or tariff (including, without limitation, copyright and intellectual property laws); or (c) is a violation of these Terms and Conditions, or any applicable policies or guidelines (including the Acceptable Use Policy), and Island Fiber may refer such use to law enforcement authorities without notice to you. Termination or suspension by Island Fiber of the Services also constitutes termination or suspension (as applicable) of your license to use any Software, if applicable.
CONTRACTS TO TERMINATE SERVICE: You may terminate the Services at any time by calling (251) 981-1717. You must pay service fees and other charges incurred through the termination date. No cancellation or disconnect fee will apply, but you may be charged the value of any Equipment that is not returned in accordance with Section 6.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. Your use of the services is at your sole risk. The services are provided on an "as is" and "as available" basis. Island Fiber expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Island Fiber makes no warranty that (I) the services will meet your requirements, (II) the services will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the services will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, or (V) the services will not conflict or interfere with other services from Island Fiber or third parties that you receive at your premises.
c. No advice or information whether oral or written, obtained by you from Island Fiber or through or from the services will create any warranty not expressly stated in these Terms and Conditions.
11. LIMITATION OF LIABILITY
You expressly understand and agree that Island Fiber shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages. Including, but not limited to, damages for personal injury, property damage, loss of profits, goodwill, use, data, or other intangible losses (even if Island Fiber has been advised of the possibility of such damages). Resulting from: (a) use of the services (which includes equipment, software, and inside or outside wiring), (b) the performance or non-performance of the services, (c) the installation, maintenance, removal, or technical support of the services, even if such damage results from the negligence or gross negligence of a Island Fiber installer, technician, or other representative, and/or (d) any inability to reach 911 emergency services, any alleged interference with alarm or medical monitoring signals, or any failure of alarm or medical monitoring signals to reach their intended monitoring stations allegedly as a result of the services.
In any event, your sole and exclusive remedy for any dispute with Island Fiber in connection with the service is a refund not to exceed the total amount of service fees paid during the immediately preceding twelve month period.
12. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 12 and 13 may not apply to you.
Unless otherwise specified in the Terms and Conditions, notices to you may be made via email, regular mail, posting online at www.islandfiber.net, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, or call to your billed telephone number. In addition, if you purchase Island Fiber Video service, Island Fiber may also provide notices of changes to these Terms and Conditions or other matters by displaying notices on Island Fiber Video. It is your responsibility to check for such notices.
Unless otherwise specified in the Terms and Conditions, notices by you to Island Fiber must be given by calling (251) 981-1717 and such notices are effective as of the date that our records show we received your call; LEGAL NOTICES must be given by letter delivered by first class US mail to Island Fiber, PO Box 2619 Orange Beach, AL. 36561.
14. INTELLECTUAL PROPERTY
All portions of the Services and Equipment and any firmware or software used to provide the Services or provided to you in conjunction with providing the Services, or embedded in the Equipment, and all Services, information, documents, and materials on related web site(s) are the property of Island Fiber or third-party providers and are protected by trademark, copyright, or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "Marks") of Island Fiber or third-party providers are and shall remain the exclusive property of Island Fiber or third-party providers, and nothing in this Agreement shall grant you the right or license to use such Marks.
15. CREDIT REPORTING AUTHORIZATION
As permitted under applicable laws and without limitation to other rights provided in these Terms and Conditions or other applicable policies, you authorize Island Fiber to (a) disclose your account information, including your payment history and confidential information, to credit reporting agencies or private credit reporting associations, and (b) periodically obtain and use your credit report and other credit information from any source in connection with Island Fiber's offering of the Services and other services. You understand that if you fail to fulfill the terms of your obligations under these Terms and Conditions, Island Fiber may report your failure to a credit reporting agency.
Island Fiber may assign these Terms and Conditions and its rights and obligations pertaining to the provision of the Services, or parts thereof, to a parent or affiliated company without notice to you. You may not assign these Terms and Conditions or your rights or obligations pertaining to the Services or any parts thereof without the written consent of Island Fiber.
17. MISCELLANEOUS PROVISIONS
a. The Terms and Conditions does not provide any third party with a remedy, claim, or right of reimbursement.
b. The Terms and Conditions, any policies, guidelines, or other documents referenced herein, the provisions set forth in any marketing and informational materials or promotional offers for the Services, and the Terms and Conditions posted on the Island Fiber web site constitute the entire agreement between Island Fiber and you and supersede any prior agreements between you or Island Fiber with respect to the subject matter of the Terms and Conditions.
c. The Terms and Conditions and the relationship between you and Island Fiber will be governed by the laws of the State of Alabama without regard to its conflict of law provisions, and you and Island Fiber agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Baldwin County, Alabama.
d. The failure of Island Fiber to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision.
e. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
f. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
g. The section titles and paragraph headings in the Terms and Conditions are for convenience only and have no legal or contractual effect.
g. The section titles and paragraph headings in the Terms and Conditions are for convenience only and have no legal or contractual effect.
Welcome to this website, a service of Island Fiber and its subsidiaries. This Agreement applies to the website(s) owned and operated by Island Fiber on which it is posted. Please read this Agreement before you use this website. By using this website, you agree to abide by the terms of this Agreement. We may change the terms of this Agreement from time to time. By continuing to use the website after we post any changes, you accept and agree to this Agreement, as modified.
We hope you enjoy using this website, and we welcome suggestions for improvements.
FEEDBACK: We invite you to send in your questions or comments about this website, or to bring to our attention any material you believe to be inaccurate. You may contact us directly by using the Contact Us link found on the website, or call us at (251) 981-1717.
CONTENT: The material that appears on this website is for general informational purposes only. While we try to ensure that any information, we post to this website is both timely and accurate, errors may appear from time to time. This website may not be updated daily, and certain information may not be the most current information available. Though we may post follow-up information, we may continue to provide access to the original information, as in an archive of news stories; for example, we may not go back and change the original to reflect new developments. Before you act on information you’ve found on our website, you should independently confirm any facts that are important to your decision. Although we make this website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the website. The materials available through this website are the property of Island Fiber or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this Agreement, Island Fiber and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on this website in any form (including by email or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this website and to tell them how to find it.
Requests for permission to reproduce or distribute materials found on this website should be sent to:
P.O. Box 2619
Orange Beach, AL. 36561
ORDERING PRODUCTS AND SERVICES: To obtain access to certain services on our website, you may be required to provide personal information. You agree that the information you supply will be accurate and complete and that you will not use the name of, nor attempt to enter the service under the name of, another person. Island Fiber reserves the right to reject or terminate any user name that, in its judgment, it deems offensive. You may order certain Island Fiber products and services through this website. All orders you make through this website are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any products or services that you order through this website.
SUBMISSIONS DISCLOSURE: Island Fiber welcomes your feedback about this website and our products and services. Any communication you send to this website or otherwise to Island Fiber are deemed to be submitted on a non-confidential basis and become the sole property of Island Fiber. Island Fiber may, in its sole discretion, reproduce, use, publish, modify, disclose,
distribute, or otherwise use these communications in any way and for any purpose. All such uses by Island Fiber shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any such communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of such communications and without liability to that person.
TERMINATION: Island Fiber reserves the right at any time to terminate your use of this website if you fail to comply in full of any term of this Agreement, or any other terms, agreements, or policies that apply to this website and the use of it.
DISCLAIMER OF WARRANTIES AND LIABILITY: YOU AGREE THAT YOUR USE
OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
THIS WEBSITE IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” ISLAND FIBER AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL ISLAND FIBER (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ISLAND FIBER AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF ISLAND FIBER (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF
ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO ISLAND FIBER FOR THE USE OF THE WEBSITE.