SPARK FIBER, LLC TERMS OF USE AGREEMENT

Effective Date: July 4, 2016

The Sparkfiber.net website and its associated services and content (collectively “Website”) is owned and operated by Spark Fiber, LLC (“Spark Fiber”). Spark Fiber has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website. By using the Website, you expressly accept the terms and conditions in this Agreement.

SPARK FIBER MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT SPARK FIBER MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

1. About the Website

Spark Fiber provides high speed residential and business internet services through wireless and fiber optic technologies and wireless hotspot internet services that may be freely accessed or sold by the day, the week, or the month. Spark Fiber also provides equipment, such as router and streaming media device, rental services.

The Website and related content on the Website is for informational and research purposes only. The information should not be considered complete or up to date. Your reliance upon any information provided by Spark Fiber, Spark Fiber’s contractors and employees, if any, others appearing on the Website at invitation by Spark Fiber, or other visitors or users of this Website is solely at your own risk. Further, you understand that Spark Fiber is not obligated to provide any maintenance, technical or other support for the Website.

2. Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.

You warrant and represent that any and all information that you provide to Spark Fiber and the Website is accurate and valid. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Website.

You agree to comply in good faith with the terms of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and Spark Fiber makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.

3. Ownership of Website and License

Excluding your content, you acknowledge and agree that Spark Fiber is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Spark Fiber.

Spark Fiber hereby grants you during the Term of this Agreement a limited, non-exclusive, non-sublicenseable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from Spark Fiber, you are not permitted to reproduce, prepare derivative works, distribute copies, modify, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Spark Fiber.

4. Intellectual Property

All trademarks (common law or registered), copyrights (common law or registered), and service marks displayed on this Website are the property of their respective owners. Specially, all Spark Fiber marks are the property of Spark Fiber, including, but not limited to SPARK FIBER and all Spark Fiber logos. In addition, the Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Spark Fiber. You are prohibited from using Spark Fiber’s trademarks, copyrights, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Spark Fiber.

5. Your Content

You may submit content to the Website, including, but not limited to videos, images, files, and text to community forums/blogs. You understand that Spark Fiber does not guarantee that confidentiality of any content that you submit to the Website and any other user may view such content.

You retain all ownership rights to the content you submit to the Website. However, by submitting the content to the Website, you hereby grant Spark Fiber a limited, irrevocable, worldwide, perpetual, non-exclusive, royalty free, sub-licenseable, and transferable license to use, reproduce, distribute, transmit, adapt, modify, publish, and display your content (including in digital form) for any purpose regardless of the form or medium. Specifically, Spark Fiber may display your content in any order or orientation on the Website. You also hereby grant each user of the Website a non-exclusive license to access your content through the Website and its associated services. The above license granted by you in the content you submit to the Website terminates within a commercially reasonable time after you remove or delete your content from the Website. You understand and agree, however, that Spark Fiber may retain, but not display or distribute, server copies of your content.

You may download content and materials displayed on the Website for supporting your use of the Website, provided that you retain all copyright and other proprietary notices contained in such content and materials.

Further, you agree that the content you submit to the Website will not contain third party copyrighted material, or material subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Spark Fiber all of the license rights granted herein.

6. Account Registration and Payment

To use Spark Fiber’s services and products, you must register an account and create a user profile. To register an account and create a user profile, you agree to complete the required information. Upon registration, you agree to review Spark Fiber’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. User account information will be used consistent with the Privacy Policy. Spark Fiber does not endorse you or discriminate based upon any information provided by you or made available for population of your user profile.

To access and receive Spark Fiber’s services, you may log-in through the Website or through a splash page accessed through a variety of Spark Fiber hotspots. Spark Fiber may provide different levels of services to you depending on your subscription plan. For example, for the basic home Fiber to the X (FTTX) service, three account plans exist. The first is a basic plan that provides wireless access with download speeds of up to 110 Mbps. The second is a premium plan that offers wireless access with download speeds of up to 1 Gbps. Lastly, the third plan offers early adopters that are paying more for wireless access with download speeds of up to 1 Gbps to have either discounted or free Spark Fiber service for the life of the original purchaser’s account. In addition, Spark Fiber may provide you with the ability to purchase wireless access with download speeds of up to 40 Mbps for monthly contracts. The users of Spark Fiber’s spots, may purchase access on a daily, weekly, and/or monthly basis.

You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website. Spark Fiber reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning.

The Website receives data from third-party software systems. You are responsible for communicating any changes in data structure, management system, or hardware upgrades that may impact Spark Fiber’s ability to receive and process your content. In addition, you are responsible for providing Spark Fiber with accurate instructions and information regarding the third party systems and databases with which the Website, Spark Fiber’s databases will interface, and you bear all responsibility for incomplete, inaccurate or otherwise faulty information regarding third party systems and databases belonging to you as conveyed to Spark Fiber in connection with set up or maintenance of Spark Fiber’s Website and services.

Spark Fiber may change any terms and conditions regarding your use of the Website at any time. Your use of the Website shall constitute acceptance of any changes made to this Agreement. Further, any electronic/digital signature that you provide to the Website or Spark Fiber constitutes your authorized signature.

By creating an account, you agree that Spark Fiber, and its designees and agents, may contact you by any available means, including, but not limited to, by text, phone, and email.

Spark Fiber charges and collects fees in advance for your use of the Website, the hotspots, and Spark Fiber’s goods and services. All costs and fees are quoted and payable in United States Dollars and are subject to change. Payment is processed through a third-party payment processor, such as PayPal or Square. It is your sole responsibility to review and comply with all Terms and Policies of any third parties. You agree to pay all applicable taxes, duties, levies or charges imposed by any governmental entity anywhere in the world. You understand and agree that Spark Fiber will not be held liable for any user’s failure to use the services or to complete a transaction entered into through the Website or through Spark Fiber’s hotspots.

Spark Fiber may, at its sole discretion, offer refunds and/or replacements at no cost for faulty equipment, such as routers, switches, or antennas, obtained from Spark Fiber. Spark Fiber will only offer replacements to you if you did not cause the harm or damage to the Spark Fiber equipment.

If you fail to return any rented product or equipment, such as a router or a streaming media box, to Spark Fiber after the termination of your account, you will owe a fee to Spark Fiber for the replacement of the product or equipment.

If you cancel your account, Spark Fiber is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. Spark Fiber is under no obligation to provide you with the data associated with your account and/or user profile after cancellation of your account, except as otherwise provided in the Privacy Policy. Spark Fiber recommends that you maintain your own backup of account and user profile data.

By submitting your credit/debit card data to Spark Fiber, you authorize Spark Fiber in its complete discretion to submit a financial transaction(s) to your issuing bank for settlement. You agree that once Spark Fiber has approved or declined your transaction, Spark Fiber has fully performed under the terms of this Agreement. You agree to contact Spark Fiber in the event that you desire to cancel any recurring charge, prior to the next billing cycle. Should you fail to contact Spark Fiber, you agree to indemnify and hold Spark Fiber harmless from any losses or damages that you suffer as a result of a recurring charge. If you think that there is an error on your account, including an incorrect amount or unauthorized transaction, you agree to contact Spark Fiber prior to the next billing cycle. Upon proper notification, Spark Fiber, in its sole discretion may issue a credit to your credit/debit card.

7. Prohibited Uses

You agree that you will not use the Website or Spark Fiber hotspots to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, you are prohibited from, without limitation:

  • 1) Transmitting unsolicited commercial email messages, or spam, through the Website or to users of the Website;
  • 2) Suggesting an affiliation with or endorsement by Spark Fiber;
  • 3) Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18;
  • 4) Promoting an illegal or unauthorized copy of another person’s copyright protected work, in whatever form, including providing pirated computer programs or software or links to them, or providing information to circumvent copyright protected notices or devices;
  • 5) Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
  • 6) Circumventing Spark Fiber’s technological or security protection mechanisms;
  • 7) Using a script, robot, spider, scraper, or other automated technology to access the Website;
  • 8) Attempting to gain access to the private data or personal information of a user of the Website or a third party;
  • 9) Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
  • 10) Harassing and/or stalking a third party through your use of the Website;
  • 11) Impersonating another or creating multiple alias accounts;
  • 12) Using the Website in furtherance of any unlawful sexual solicitation;
  • 13) Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
  • 14) Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;
  • 15) Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually oriented, racially offensive, or otherwise harmful;
  • 16) Posting or transmitting content that incites any illegal activity;
  • 17) Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; or
  • 18) Posting or transmitting content that violates any term or condition of this Agreement.

Your violation of any term or condition of this section may result in the immediate termination of your registration account and profile and the disabling of your access to the Website and/or Spark Fiber’s hotspots.

8. Spark Fiber Equipment

“Spark Fiber Equipment” means any equipment provided or leased to you by Spark Fiber or our agents in connection with Spark Fiber’s services. Spark Fiber Equipment also includes any software, firmware, or other programs contained within the Spark Fiber Equipment. You agree that Spark Fiber Equipment will remain the property of Spark Fiber and you will not acquire any ownership or other interest in any Spark Fiber Equipment or any network facilities, cabling or software by virtue of any payment made pursuant to this Agreement or by any attachment of the Spark Fiber Equipment to your premises.

Spark Fiber may upgrade, replace, remove, or otherwise change the Spark Fiber Equipment at our discretion at any time any service is active or following the termination of your service(s). You consent to such changes including software, firmware, and other code updates or downloads, with or without notice to you, which may alter, add to, or remove features or functionalities of the Spark Fiber Equipment or service. You acknowledge and agree that our addition or removal of or change to the Spark Fiber Equipment may interrupt your service. Spark Fiber may, at its sole discretion, install new or reconditioned Spark Fiber Equipment, including replacing your existing Spark Fiber Equipment, for which you may incur a fee. If Spark Fiber requests that you replace, or offers to replace your equipment in order to provide you with better service or stronger security, and you do not do so, Spark Fiber is not responsible for any resulting degradation of service or security vulnerabilities.

The Spark Fiber Equipment may only be used on the property in which it was installed. You agree that you will not remove any Spark Fiber Equipment from the property in which it was installed without Spark Fiber’s prior consent. At your request, Spark Fiber may, at its sole discretion, relocate Spark Fiber Equipment for you at your request for an additional fee. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE SPARK FIBER EQUIPMENT OR SERVICES AT A LOCATION OTHER THEN THE PROPERTY IN WHICH IT WAS INSTALLED, THE SERVICES MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERTY.

In the event you terminate your services with Spark Fiber, you agree that you will return all Spark Fiber Equipment to the address provided in the Notices section below within thirty (30) days of notifying Spark Fiber of your decision to terminate your service. The returned Spark Fiber Equipment must be in good condition and without any encumbrances, except for ordinary wear and tear resulting from proper use. If you fail to return Spark Fiber Equipment as provided herein, charges may continue to apply until such Spark Fiber Equipment is returned.

9. Access To Your Premises

You agree to allow Spark Fiber and/or our agent to enter the property at which Spark Fiber’s services and/or Spark Fiber Equipment will be provided to you, upon your request to install, configure, upgrade, maintain, inspect, change, repair, and/or remove the service and/or Spark Fiber Equipment. Your warrant that you are either the owner of the property or, if you are not the owner of the property, that you have obtained the consent of the owner for Spark Fiber or its agents to access the property for the purposes described herein including, without limitation, consent to attach Spark Fiber Equipment to the outside of the property.

10. Section 230 of Communications Decency Act

You acknowledge and agree that Spark Fiber is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Spark Fiber may edit, remove, or control the content displayed through the Website or its hotspots, you agree that Spark Fiber will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

11. Third Party Links

You understand that the Website or Spark Fiber’s hotspots may contain links to third party websites, applications, or services that Spark Fiber does not own or control. You agree that Spark Fiber will not be held responsible or liable for the content of third party websites, applications, or services and that Spark Fiber’s inclusion of those websites, applications, or services within its Website does not constitute Spark Fiber’s endorsement of or recommendation of any of those websites, applications, or services.

12. No Endorsement

Spark Fiber does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Website or Spark Fiber’s hotspots do not necessarily state or reflect those of Spark Fiber and are not intended to be used for advertising or product endorsement purposes.

13. Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation. Spark Fiber may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement. Any breach of your payment obligations or unauthorized use of Spark Fiber’s Website, Spark Fiber’s hotspots, content, products, or services will be deemed a material breach of this Agreement. You agree and acknowledge that Spark Fiber has no obligation to retain your content, and may delete your content, if you have materially breached this Agreement, and such breach has not been cured within fifteen (15) days of notice of such breach. In addition, failure to timely make payments to Spark Fiber will result in termination of services as deemed appropriate by Spark Fiber.

14. Disclaimer of Warranties

SPARK FIBER DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, SERVICES, OR PRODUCTS ACQUIRED THROUGH THE WEBSITE. SPARK FIBER PROVIDES THE WEBSITE AND THE SERVICES AND PRODUCTS THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

SPARK FIBER WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR OPINIONS, PROVIDED BY ANY USER, THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. SPARK FIBER IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. SPARK FIBER DOES NOT WARRANT THAT ANY COMMUNICATION WILL BE TRANSMITTED UNCORRUPTED OR AT ANY UPSTREAM OR DOWNSTREAM SPEED. SPARK FIBER RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

YOU WILL BE RESPONSIBLE FOR ENSURING THAT YOUR EQUIPMENT COMPLIES WITH SPARK FIBER’S TECHNICAL REQUIREMENTS, WHICH SPARK FIBER MAY POST ON THE SPARK FIBER WEBSITE AND CHANGE FROM TIME TO TIME. SPARK FIBER WILL NOT BE OBLIGATED TO PROVIDE SERVICE OR SUPPORT WHERE YOUR EQUIPMENT FAILS TO CONFORM TO SPARK FIBER’S TECHNICAL REQUIREMENTS.

15. Limitation of Liability

SPARK FIBER WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT SPARK FIBER CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES OR GOODS PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL SPARK FIBER’S LIABILITY TO YOU EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO SPARK FIBER, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

FURTHER, SPARK FIBER WILL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR INSTALLATION OF SPARK FIBER’S SERVICES TO YOUR PROPERTY.

SPARK FIBER IS NOT OBLIGATED TO MONITOR YOUR USE OF THE SERVICES. SPARK FIBER WILL NOT BE LIABLE FOR ANY ACTION WE TAKE SUCH AS RESTRICTING ACCESS TO OBSCENE CONTENT OR BLOCKING EMAIL CONSIDERED TO BE “SPAM” TO ASSURE YOUR USE OF THE SERVICES IN COMPLIANCE WITH APPLICABLE LAWS AND THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

16. Indemnification

You agree to hold harmless, indemnify, and defend Spark Fiber, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your reliance upon advice provided through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend Spark Fiber under the terms of this Agreement will not provide you with the right to control Spark Fiber’s defense, and Spark Fiber reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Spark Fiber.

17. Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Spark Fiber may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

18. Resolution of Disputes and Governing Law

This Agreement will be interpreted under and governed by the laws of the State of Michigan without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Spark Fiber or the Website will be exclusively resolved through arbitration.

YOU AND SPARK FIBER AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE ACQUIRING OF GOODS OR SERVICES FROM SPARK FIBER, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN MICHIGAN AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF MICHIGAN AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND SPARK FIBER AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF MICHIGAN AND YOU AND SPARK FIBER AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Integration

Spark Fiber hereby incorporates its Privacy Policy and Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitute the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Spark Fiber.

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and Spark Fiber will not knowingly collect personally identifiable information from children under the age of eighteen (18), without prior review by a parent or legal guardian. If Spark Fiber inadvertently collects such personally identifiable information, Spark Fiber will delete the personally identifiable information in accordance with its security protocols.

Limitation On Actions

SPARK FIBER AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

Reservation of Rights

All rights not expressly granted herein are reserved to Spark Fiber.

Privacy Policy

Spark Fiber hereby incorporates its Privacy Policy to these Terms of Use.

Copyright Policy

Spark Fiber’s Website and its associated content and services are © 2016 Spark Fiber, LLC.

Spark Fiber respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party's intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of Spark Fiber as owner or authorized licensee and are protected by copyright and other intellectual property laws.

By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.

If you believe that a user of Spark Fiber’s Website has infringed upon your copyright rights, please provide Spark Fiber with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Spark Fiber receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Spark Fiber will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Spark Fiber with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:

  • 1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • 2. Identification of the copyrighted work(s) alleged to have been infringed;
  • 3. The location of the copyrighted work(s) on the Website;
  • 4. Your contact information, such as an address, telephone, fax number, or email address;
  • 5. A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  • 6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner

Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:

  • 1. Identification of the specific materials that have been removed from the Website;
  • 2. Your contact information, such as an address, telephone, fax number, or email address;
  • 3. A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
  • 4. A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Michigan;
  • 5. A statement that you will accept service of process from the notifying party; and
  • 6. Your physical or electronic signature.

Notifications of copyright infringement and counter-notifications may be submitted to Spark Fiber’s Copyright Agent: Traverse Legal, PLC, 810 Cottageview Drive, Suite G-20, Traverse City, Michigan 49684; with a copy via email to dmcaagent@traverselegal.com.

Notice

Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:

  • Spark Fiber, LLC
  • 428 Crapo Street
  • Flint, MI 48503

A copy of any such notice must be emailed to info@sparkfiber.net, but email notice alone shall not comply with the notice requirements of this Agreement.

This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.