Terms of Service & AUP

Terms of Service & AUP

Terms of Service and Acceptable Use Policy for Accelerate Networks.

1. Acceptable Use Policy (AUP)

Customer agrees not to use the Services for any unlawful, abusive, or fraudulent purpose. Provider reserves the right to immediately suspend or terminate Services without notice if Customer is found to be in violation of this AUP.

1.1 Voice Services & Auto-Dialing

Customer shall not use voice services for illegal robocalling, telemarketing that violates the Telephone Consumer Protection Act (TCPA), spoofing Caller ID, or generating traffic intended solely to exploit intercarrier compensation (e.g., traffic pumping).

1.2 Texting / Messaging (SMS/MMS)

Customer must comply with all CTIA guidelines and 10DLC (10-Digit Long Code) A2P messaging regulations. Customer may not send unsolicited messages (spam) or messages lacking proper opt-in consent. Customer is strictly prohibited from sending content related to SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco) unless properly age-gated, registered, and pre-approved, as well as phishing, malware, or deceptive content.

1.3 Internet Abuse

Customer shall not use Fiber Internet or data services to distribute malware, host illegal content, engage in distributed denial of service (DDoS) attacks, perform unauthorized network scanning, or violate copyright laws (e.g., unauthorized P2P sharing).

1.4 Upstream Provider Acceptable Use Policies

Where Service is provided using capacity or facilities purchased by Provider from an underlying network provider (each, an "Upstream Provider"), including Ziply Fiber (Northwest Fiber, LLC) and Astound Business Solutions, LLC d/b/a Astound Wholesale, Customer shall comply, and shall cause its own end users to comply, with that Upstream Provider's Acceptable Use Policy and any applicable services addendum, as either may be amended from time to time, including:

These policies may change without notice to Customer. Provider is not responsible for an Upstream Provider's modification of its own policies, and a violation of an Upstream Provider's Acceptable Use Policy is also a violation of this Section 1.

2. Emergency Services (NG911/E911)
2.1 Limitations Acknowledgment

Customer acknowledges that Voice over IP (VoIP) services, including analog devices connected via VoIP adapters, possess different 911 operational characteristics than traditional landlines. Accelerate Networks delivers 911 service primarily via Next Generation 911 (NG911) where supported by the local 911 authority; in areas where the local Public Safety Answering Point (PSAP) has not yet upgraded to NG911, calls are routed via legacy E911 infrastructure.

2.2 Power and Internet Outages

NG911/E911 service relies entirely on active power and internet connectivity. In the event of a power outage, network failure, or internet disruption, 911 dialing will not function. Customer is responsible for maintaining adequate battery backups for alarm panels and voice devices.

2.3 Location Accuracy

Customer must provide Provider with the exact physical address (Registered Location) for each active voice line, and must update that address with Provider before relocating any device associated with the Service. Provider will confirm receipt of an address update within two (2) business days and will let Customer know if the update fails to process. Moving a device without successfully updating the registered address may result in emergency services being dispatched to the wrong location, and Provider is not responsible for a misdirected dispatch caused by Customer's failure to submit or confirm a location update.

3. Alarm Panel Monitoring Specifics

Where Customer's fire alarm monitoring service uses Provider's third-party cellular communicator product, that communicator transmits over two (2) diverse cellular carrier networks for redundant, non-internet-dependent communication, and draws its power from the monitored fire panel's own power supply and battery backup, not from Provider's network, Customer's internet connection, or Customer's premises power or network infrastructure. Accordingly:

  • Customer is responsible for ensuring the fire panel and its battery backup are installed, maintained, and tested in accordance with the panel manufacturer's instructions and all applicable fire and life-safety codes; and
  • Provider is not responsible for a failure of the communicator caused by failure of the fire panel's power supply or battery, by cellular carrier network unavailability affecting both diverse paths simultaneously, or by improper installation not attributable to Provider.
4. Standard Labor and Dispatch Fees

Provider is responsible for maintaining the network up to the Demarcation Point (Section 6.1). Any service call, repair, diagnostic visit, or dispatch resulting from an issue beyond the Demarcation Point, including but not limited to:

  • inside wiring issues (loss of link, intermittent "flapping" between link states, or physical wiring damage);
  • Customer's DHCP server or other Customer-managed network service failing or being misconfigured;
  • failure of Customer-owned or Customer-managed network hardware (routers, switches, firewalls, PoE injectors, access points, etc.);
  • loss of power at Customer's premises; or
  • any other issue not caused by Provider's network or equipment up to the Demarcation Point,

will be billed at Provider's standard labor rate of $150.00 per hour, subject to a one (1) hour minimum, with subsequent time billed in fifteen (15) minute increments. Provider will provide Customer a description of the diagnosed cause prior to billing under this Section.

Pass-Through of Third-Party Fees. Provider will pass through, at cost, any labor, missed-appointment, installation, or dispatch fee billed to Provider by Ziply Fiber, Astound, or another third-party contractor or Upstream Provider in connection with rendering service to Customer. This includes a missed on-site appointment, a truck roll caused by Customer's failure to provide site access, or work performed beyond that third party's own demarcation point. This fee is in addition to any amount owed directly to Provider under this Section.

5. Limitation of Liability and Indemnification
5.1 Best-Effort Service Standard; Consequential Damages

ALL INTERNET, VOICE, TEXTING, AND ANCILLARY SERVICES ARE PROVIDED ON A "BEST EFFORT" STANDARD. PROVIDER MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR SPEED OR ROUTING, AND PROVIDER RESERVES THE RIGHT TO PERFORM ROUTINE OR EMERGENCY NETWORK MAINTENANCE THAT MAY RESULT IN TEMPORARY SERVICE DISRUPTION. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF CONNECTIVITY, OR FAILURE OF ALARM ROUTING, ARISING OUT OF OR RELATING TO THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This exclusion does not apply to (a) Customer's indemnification obligations under Section 5.4, (b) Customer's payment obligations, or (c) damages arising from a party's intentional misconduct.

5.2 Liability Cap

PROVIDER'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (I) $2,500, OR (II) THE TOTAL AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM. THIS CAP SHALL NOT APPLY TO LIABILITY ARISING FROM PROVIDER'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

5.3 Flow-Down Limitation for Services Provided Over Upstream Networks

Where Service is provided in whole or in part using capacity, facilities, or transport purchased by Provider from an Upstream Provider (as defined in Section 1.4), Provider's liability to Customer for any failure, degradation, or interruption of that Service is limited to the actual credit or compensation, if any, that Provider recovers from the applicable Upstream Provider under its service level agreement with that Upstream Provider for the specific incident giving rise to the claim, subject in all cases to the cap in Section 5.2. Provider will pass through any such recovered SLA credit to Customer on a pro-rata basis but has no independent obligation to compensate Customer beyond what Provider itself recovers upstream.

5.4 Indemnification

Customer agrees to defend, indemnify, and hold harmless Provider, its officers, employees, and agents from any claims, fines, or penalties (including reasonable attorneys' fees and costs of defense) arising from (i) Customer's violation of the AUP, (ii) Customer's TCPA violations or messaging fines imposed by mobile carriers, (iii) Customer's copyright infringement, (iv) Customer's failure to comply with NG911/E911 obligations under Section 2, including failure to maintain an accurate Registered Location, (v) unauthorized use of the Service resulting from a compromise of Customer's own equipment, network, or credentials, or (vi) Customer's failure to comply with Section 14 (Customer Compliance; Business Licensing; Contact Information). This indemnification obligation is not subject to the limitation of liability in Section 5.2 and survives termination of these Terms.

Indemnification Procedure. The indemnified party shall promptly notify Customer in writing of any claim, and Customer shall have the right to control the defense and settlement of such claim using counsel of its choice, provided Provider may participate at its own expense and Customer shall not settle any claim in a manner that admits fault by or imposes non-monetary obligations on Provider without Provider's written consent.

6. Network Responsibility; Demarcation Point; Internet Service Disclaimer
6.1 Demarcation Point

The "Demarcation Point" is where Provider's network facilities connect to Customer's internal wiring, network, or equipment at the service location. Customer is solely responsible for all equipment, wiring, and network infrastructure beyond the Demarcation Point, regardless of whether Provider sold, leased, or recommended it.

6.2 Upstream and Third-Party Internet Service

Where Service depends on internet connectivity resold by Provider from an Upstream Provider or other ISP partner, Provider's liability for outages caused by that Upstream Provider's network, or by loss of power or outside plant damage affecting that Upstream Provider's facilities, is governed by the flow-down limitation in Section 5.3. This does not relieve Provider of responsibility for failures actually caused by Provider's own network, equipment, or personnel up to the Demarcation Point; see Section 4 for the customer-side causes, such as internal wiring, DHCP, Customer-owned hardware, and power, that fall outside Provider's responsibility.

6.3 Duty to Report Outages

In the event of a suspected service outage or degradation, Customer must promptly call Provider's helpdesk at (206) 858-8757 to open a trouble ticket. Provider is not obligated to investigate or remediate an outage of which it has not been made aware, and any SLA credit, remedy, or Upstream Provider pass-through credit under Section 5.3 is conditioned on Customer having timely reported the outage through this channel.

6.4 No Responsibility for Customer's Own Downstream Services

Where Customer resells, redistributes, or otherwise provides the Service (or services built on top of it) to Customer's own end users or customers, Provider has no responsibility to those end users and no obligation to provide support, billing, or service-level commitments to them. Customer remains solely responsible for all aspects of supporting its own end users.

7. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR AN APPLICABLE ORDER FORM, PROVIDER MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES. PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. CUSTOMER USES THE SERVICES AT ITS OWN RISK.

8. Force Majeure

Neither party shall be liable for delay or failure in performance (other than Customer's payment obligations) caused by events beyond its reasonable control, including acts of God, fire, flood, earthquake, severe weather, power failures, outside plant or cable damage not caused by Provider, government action, labor disputes, or failure of an Upstream Provider's network. If such an event continues for more than thirty (30) days, either party may terminate the affected Service without further liability.

9. Confidentiality

Each party agrees to protect the other's non-public pricing, network architecture, and business information disclosed in connection with these Terms using at least the same degree of care it uses to protect its own confidential information, and not to disclose such information to third parties without consent, except as required by law.

10. Assignment

Customer may not assign or transfer these Terms, in whole or in part, without Provider's prior written consent. Provider may assign these Terms without consent in connection with a merger, acquisition, sale of substantially all its assets, or an internal reorganization.

11. Governing Law; Venue; Jury Waiver

These Terms and any dispute arising out of or relating to them shall be governed by the laws of the State of Washington, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state courts located in King County, Washington (Seattle), or the U.S. District Court for the Western District of Washington, Seattle Division, and waive any objection to personal jurisdiction, venue, or forum non conveniens. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL in any action arising out of or relating to these Terms.

12. Notices

Notices under these Terms must be in writing and delivered by email (effective upon confirmation of receipt), certified mail (effective three (3) business days after mailing), or overnight courier (effective the next business day), to the addresses on file for each party.

13. Miscellaneous

13.1 Entire Agreement. These Terms, together with the Order Form submitted by Customer through Provider's website (and any separately executed Service Order or Master Services Agreement, if the parties enter into one), constitute the entire agreement between the parties and supersede all prior agreements regarding their subject matter. Modifications must be in writing signed by both parties, except that Provider may update the AUP portion of these Terms from time to time upon notice to Customer.

13.2 Severability. If any provision of these Terms is found invalid or unenforceable, the remainder shall continue in full force and effect.

13.3 No Waiver. Failure to enforce any provision does not waive the right to enforce it later.

13.4 Attorneys' Fees. In any action to enforce these Terms, the substantially prevailing party is entitled to recover its reasonable attorneys' fees and costs.

13.5 Relationship of Parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or agency relationship, and there are no third-party beneficiaries.

13.6 Survival. Sections 2 (Emergency Services), 5 (Limitation of Liability and Indemnification), 7 (Disclaimer of Warranties), 9 (Confidentiality), and 11 (Governing Law) survive termination of these Terms.

14. Customer Compliance; Business Licensing; Contact Information
14.1 Compliance with Law

Customer shall comply with all applicable federal, state, and local laws, rules, and regulations in connection with its use of, and any resale or redistribution of, the Services, including but not limited to telecommunications, tax, consumer protection, and data privacy laws applicable in each jurisdiction where Customer operates or serves its own end users.

14.2 Business Licensing and Endorsements

Customer shall obtain and maintain, for the duration of Service, all business licenses, permits, certifications, and regulatory endorsements required to lawfully operate its business and use the Services in each jurisdiction in which Customer is located or does business. This includes, where applicable, any reseller registration, competitive carrier certification, or messaging registration (e.g., 10DLC brand/campaign registration) required for the specific use Customer is making of the Service. Customer shall provide Provider with documentation of any such license or endorsement upon request.

14.3 Required Contact Information

Customer shall provide, and keep current at all times, accurate contact information for each of the following, including full name, email address, phone number, physical (service) address, and mailing address (if different):

  • the business owner(s) or an authorized executive signer;
  • a billing contact; and
  • a technical/authorized administrative contact empowered to make account and service changes.

Customer shall notify Provider in writing within ten (10) business days of any change to the information required under this Section 14.3. Accurate physical address information under this Section is also relied upon for NG911/E911 Registered Location purposes under Section 2.3, so stale or inaccurate contact information is a concern beyond ordinary account administration.

14.4 Effect of Non-Compliance

Provider may suspend Service, following notice and a reasonable opportunity to cure where practicable, if Customer fails to maintain a required business license or endorsement under Section 14.2, or if Provider is unable to reach Customer using the contact information on file under Section 14.3 for billing, legal, or service-affecting purposes. Customer's failure to comply with this Section 14 is subject to the indemnification obligation in Section 5.4.