BOLT Customer Agreement
Welcome to BOLT Fiber Optic Services (“BOLT”)
BOLT provides broadband fiber optic services including, television and video access (“Television Service”), high speed Internet access (“Internet Service”), and facilitates the provision of Voice over Internet Protocol (“VoIP”) through a third party provider (referred to collectively as “Services”). By accepting the provision of the Services, you agree to the terms and conditions of this Customer Agreement and any exhibits attached hereto (“Agreement”) and represent that you are at least 18 years old and capable of entering into a legally binding agreement on behalf of yourself and others in your domicile who may utilize the Services.
You may contact BOLT 24 hours a day, any day of the year by calling:
918.256.6405 or 1.800.256.6405
By sending an e-mail to:
info@boltfiber.com
Or by writing to:
BOLT Fiber Optic Services Northeast Rural Services, Inc. P.O. Box 399 Vinita, OK 74301.
You may also access BOLT’s website at www.boltfiber.com.
For billing inquiries, please call 918.256.6405 or 1.800.256.6405 between 8 a.m. and 4:30 p.m. Monday through Friday, excluding nationally recognized holidays.
Terms of Service
1. Eligibility for BOLT Services
(a) BOLT endeavors to make the Services available to as many people as quickly as possible. You agree that it is in BOLT’s sole discretion whether any of the Services are made available to a particular domicile.
(b) Your payment of an installation fee for the Services to be provided at a particular domicile does not obligate BOLT to provide any of the Services to that domicile. If an installation fee is paid Page 1 of 12 for the provision of the Services at a particular domicile and BOLT, in its sole discretion, does not initiate the installation of Equipment or provision of the Services to that domicile for any reason other than your failure to abide by the Agreement, BOLT will refund the installation fee.
(c) You agree to provide BOLT with all necessary access at the domicile to install and configure the Equipment necessary for you to receive the Services. You agree that BOLT may install Equipment outside or affixed to the building(s) located at the domicile. You also agree that any person present at the domicile maygrant access and authorize BOLT to perform installation services in and around the building(s) located at the domicile, and that such authorization will have the same effect as if you had authorized the installation services yourself. You further agree that BOLT may use, and that you have the necessary permissions to approve BOLT’s use of, existing facilities, including existing wiring in and around the building(s) located at the domicile, in performing the installation services.
(d) If you rent or otherwise do not own your domicile, you may be asked to prove that you have received all permissions necessary for BOLT to perform installation services. If BOLT incurs any costs, including attorneys’ fees, because you did not get the necessary permission(s) for BOLT to install the Equipment necessary for the Services, you are responsible for reimbursing BOLT for those costs.
2. Equipment and Software
(a) Equipment for the Services
In order to receive BOLT’s Services, BOLT will provide to you certain equipment (“Equipment”). The Equipment shall remain the property of BOLT. You may not loan, transfer, or assign the Equipment to another party. You are responsible for any loss, theft or damage of the Equipment. You are responsible for the receipt of Services on Equipment and any property you own. You are liable for charges incurred in the use of the Equipment. BOLT is not responsible for the maintenance, operation, service, or repair of any of the Customer’s property connected to the Services including, without limitation, television, computer, telephone or any other device (“Property”).
(b) Software
The Equipment may incorporate software which is owned by BOLT or its third party licensors (the “Software”). BOLT, to the extend permitted by law, grants you a personal, nonassignable and non-exclusive license to use the software provided to you as part of the Services. This license is for the sole purpose of allowing you to use the Services. You may not copy, modify, distribute, sell, or lease any part of the Services or Software. If you do not agree to these terms, you may not use the Equipment and may not activate the BOLT Services and should immediately return the Equipment to BOLT. These terms also apply to any modifications, updates or supplements to the Software provided to you. In addition, you agree to allow BOLT or its agents to send Software to your Property and to configure your Property when necessary to provide Services, even if doing so changes, adds or removes features or functionality of any such Property. Absent gross negligence or willful misconduct, BOLT will not be responsible for any damage to your Property arising from such activities. In the event of such damage, BOLT’s maximum liability to you is $200 for the cost Page 2 of 12 of repairs. If you are not the owner of the Property, you are responsible for obtaining any necessary approval from the owner to allow us to access this Property and to perform the activities necessary for providing Services.
3. Television Service
(a) Program Choices
BOLT provides a number of Television Service packages. You must subscribe to a base package in order to receive other Television Service. Various programming packages have their own rates, terms and conditions. Information about program choices can be found at www.boltfiber.com.
(b) BOLT DVR Service
BOLT Whole Home DVR Solution Service (“DVR Service”) is a separately sold service available to customers with DVR-enabled Equipment. BOLT DVR Service gives you the ability to see and record televised programs. BOLT does not guarantee the access to or recording of any particular program, or the length of time any particular recorded program may remain available for viewing. Any program that you record is the copyrighted material of the third party that supplies it and is protected by copyright and other applicable laws. You may not reproduce, publish, broadcast, or redistribute any program that you record without the written permission of the third party that supplied it, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws or comparable provisions of foreign laws. You agree that BOLT will have no liability to you, or anyone else who uses your BOLT DVR Service, with regard to any televised programs that are recorded with the BOLT DVR Service. BOLT may, at its discretion, from time to time change, add or remove features of the BOLT DVR Service or change the fee for BOLT DVR Service.
(c) Pay Per View
BOLT provides Pay Per View Service. You may order by using your onscreen guide and remote control, by ordering at www.boltfiber.com, or by calling us. Various fees apply to Pay Per View Services. Repeated cancellation of previously ordered Pay Per View Services may result in cancellation of your account, restrictions on your abilityto order PayPer View Services, or imposition of additional fees for Pay Per View Services.
(d) On Demand
BOLT provides On Demand service. Information regarding On Demand service is available at http://www.boltfiber.com.
(e) Subscriber Changes
You may change your Television Service package by notifying BOLT. You may be charged a fee for such changes and will be charged additional fees for upgrades in Service.
(f) BOLT’s Programming Changes
BOLT provides programming through third party providers. BOLT reserves the right to change, add or delete programming packages, the selections in those packages, prices, and any other Service offered. BOLT will attempt to notify customers a month in advance of any such change and its effective date. You have the right to cancel the Television Service when a change in programming or costs occur; however, fees and charges may Page 3 of 12 apply to cancellation. If you do not cancel, your continued receipt of the Television Service will constitute acceptance of any such change.
(g) Acceptable Use Policy
The Television Service is for your private use only. You shall not use the Television Service for public viewing or commercial gain. You may not resell, rebroadcast, or retransmit on the internet or similar services the programming, and may not charge admission for its viewing or transmit or distribute running accounts of it. BOLT may revoke or suspend its Services if this provision is violated. BOLT or any programming provider may prosecute violations of the foregoing.
(h) Blackouts
Third party providers may arrange for certain programming, including sports events, to be blacked out in your local reception area. You may visit www.boltfiber.com for more blackout information. If you circumvent or attempt to circumvent any of these blackouts, you may be subject to cancellation of your Services and/or legal action.
(i) Parental Control and Viewing Restrictions
It is your responsibility to impose any viewing restrictions on other family members or guests as you think appropriate. BOLT is not responsible to you or anyone else based on the content of our programming. Please visit http://www.boltfiber.com for information on parental controls, locks and limits and password protection on your account.
(j) Change of Address
You must notify BOLT immediately of any change in your name, mailing address, domicile address or telephone number.
4. VoIP Service
(a) BOLT facilitates the provision of VoIP through a third party provider (“VoIP Provider”). BOLT is not a telecommunications provider and is not a reseller of telecommunications or VoIP.
(b) A copy of the VoIP Service Agreement is attached hereto as Exhibit A. BOLT will present such agreement and will serve as the agent of the VoIP Provider for the purpose of providing certain customer service support and billing and collection services.
(c) Certain E911 service may not be available through VoIP or may be in some way limited by comparison to traditional E911 service. Such circumstances include, but are not limited to, relocation of the end user’s IP-compatible CPE, use by the end user of a non-native telephone number, broadband connection failure, loss of electrical power, and delays that may occur in making a Registered Location available in or through the ALI database.
5. Internet Service
(a) The Internet Service. BOLT provides a number of Internet service packages (“Internet Service”) that have their own rates, terms and conditions. Information about the Internet Service can be found at www.boltfiber.com.
(b) Acceptable Use Policy. This Acceptable Use Policy (“AUP”) is intended to help enhance the use of the Internet by preventing unacceptable use. All users of BOLT’s Internet Service must comply with this AUP. BOLT does not actively monitor, censor, or directly control any information that is stored or transmitted through the Internet Services. BOLT does not exercise editorial control over any content or uses of the Internet Service except for our proprietary websites. Violation of the rules of this AUP may result in any action detailed in Section 5(b)(3) in addition to suspension or termination of your Internet Services. Furthermore, BOLT expressly reserve our rights under the law to take any other actions BOLT deems necessary. You remain solely liable for your use of BOLT’s Internet Service and any content that you upload, download, or transmit through it. You must exercise best efforts to ensure the security and integrity of your network or systems used to access the Internet Service.
(1) The following uses of the Internet Services are not allowed:
(i) Transmitting any material that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations;
(ii) Harming, or attempting to harm, minors in any way;
(iii) Transmitting any material that threatens or encourages bodily harm or destruction of property or harasses another;
(iv) Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information;
(v) Making fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” and “chain letters.”
(vi) Forging of any TCP-IP packet header, e-mail header or any part of a message header (this prohibition does not include the use of aliases or anonymous remailers);
(vii) Transmitting any unsolicited commercial e-mail or unsolicited bulk e-mail (activities that have the effect of facilitating unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not that e-mail is commercial, are prohibited);
(viii) Accessing, or attempting to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of BOLT’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data;
(ix) Infringement of intellectual property rights or other proprietary rights including, but not limited to, material protected by copyright, trademark, patent, trade secret, or other proprietary rights of any third party;
(x) Collecting, or attempting to collect, personal information about third parties without their knowledge or consent;
(xi) Reselling the Internet Service without BOLT’s authorization;
(xii) Posting or sending software or technical information in violation of U.S. export laws;
(xiii) Engaging in any activity that adversely affects the ability of other people or systems to use BOLT’s Internet Service or the Internet. This includes denial of service (“DoS”) attacks against another network host or individual user (interference with or disruption of other network users, network services or network equipment, whether intentional or unintentional, is prohibited).
(2) BOLT may access, use and disclose information regarding your use of the Internet Service to:
(i) Comply with the law;
(ii) Enforce or apply this Agreement;
(iii) Initiate, render, bill, and collect for services;
(iv) Protect BOLT’s rights or property and those of its customers; or
(v) Protect users of the Internet Service and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such Internet Service.
(3) BOLT may take any one or more of the following actions in response to complaints:
(i) Issue warnings: written or verbal;
(ii) Suspend your account;
(iii) Terminate your account;
(iv) Bill your for administrative costs and/or reactivation charges; and
(v) Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
