"MY ALTAFIBER"
 MOBILE APPLICATION
 TERMS OF USE

Last Updated Date: August 17, 2022

Welcome to My altafiber! My altafiber provides you with information about the products and services you purchase from us, with billing information (e.g, current and pending invoices, payment history, payment methods and options), and with help content.  Providing this information to you via a Site or our App is the "Service".

INTRODUCTION

You have arrived at https://my.altafiber.com, have downloaded the My altafiber mobile app (the "App", or "Application"), and/or are otherwise interacting with our Service using an online service location (e.g., web site or mobile app)(each a "Site" except when we refer only to our mobile apps, in which case each an App). The Service and the App are offered by Cincinnati Bell Telephone Company LLC ("altafiber", "altafiber" "we", "us" or "our"). The App is available on Google Play and the App Store, and through our homepage, accessible at http://www.altafiber.com.

Please read these Terms of Use ("Terms") and our Privacy Policy carefully before using our Service.  By visiting or otherwise using the Service in any manner, you agree to the then posted Terms and any applicable Additional Terms (defined below), to be bound by them, and that you have read and understood them.  You also acknowledge, agree and consent to our data practices as described in our Privacy Policy.

These Terms affect your legal rights, responsibilities and obligations and govern your use of the Service, your access to and use of the Site(s), App(s) and certain aspects of the Service and, except as otherwise provided in these Terms or applicable Additional Terms, all text, graphics, images, music, software, audio, video, information or other materials available through the Service ("Content"), are legally binding, and as permitted by applicable law limit our liability to you and require you to indemnify us and to settle certain disputes through arbitration.  If you do not wish to be bound by these Terms and applicable Additional Terms, do not use the Service and immediately uninstall Service downloads and applications.

ADDITIONAL TERMS

These Terms of Use ("Terms"), together with our Privacy Policy, set forth the general rules, policies, and procedures governing your use of our Website.  

Depending on your activities when visiting our Website you may be required agree to additional terms and conditions. In addition, some of our Sites and services have specific terms and conditions (such as Fioptics Internet, phone, and cable services). These will be referred to as "Additional Terms".  In the event of a conflict between these Terms of Use and Additional Terms, the Additional Term will control unless expressly stated otherwise.  

We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained here.

QUICK LINKS

We have summarized some (but not all) of the main topics of these Terms below.  The complete provisions (and not the headings or summaries) will govern.

• Grants and Limitations of Rights
  
  We only grant you a limited revocable license to use the Service subject to rules and limitations.  More 
  
  You grant us a broad license to the content you submit.  You retain ownership of and responsibility for your content.  We have the right to manage our Service to keep its content appropriate.  More
  
  Your use of our Service is subject to various restrictions designed to protect the Service and users.  More
• Limitations on Your Remedies
  
  As permitted by applicable law:
  
  We disclaim most warranties and provide the Service "As Is".  More
  
  Our liability is greatly limited.  More
  
  You waive certain equitable or injunctive relief.  More
• Dispute Resolution
  
  As permitted by law, you agree to arbitrate disputes with us and waive jury trial and class actions.  More
• Availability of Service
  
  We may change or discontinue our Service, or your right to access it, in whole or in part. More
  
  Our Service is intended for access from and use in the U.S.A.

Table of Contents

1. Modification
2. ELIGIBILITY
3. Children
4. Account Registration
5. User Accounts
6. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT
7. Copyright Infringement Policy
8. User Content and Feedback
9. BILLING AND PAYMENT TERMS
10. General Prohibitions
11. Third-Party Services; Advertisements; Dealings with Third Parties
12. Termination and Account Cancellation
13. Disclaimers
14. INDEMNITY
15. Limitation of Liability
16. Proprietary Rights Notices
17. Dispute Resolution & Mandatory Arbitration
18. Entire Agreement
19. ASSIGNMENT
20. Notice OF MATERIAL CHANGES, Questions, and Customer Service
21. General

FULL TERMS OF USE

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM, ON OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE OR CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that both you individually as an end user and the company or other legal entity for which you are acting.

1.    Modification

altafiber reserves the right, at its sole discretion, to modify, discontinue or terminate the Service, in whole or in part, and, as permitted by applicable law, to modify these Terms at any time and without prior notice. These Terms (or, if applicable, Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use).  AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED.  If we modify these Terms, or Additional Terms, we will post the modification on the Service or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms as they are posted on the Site(s) and Apps(s). However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use and any specific term to which we previously committed to apply those terms (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed.  In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.  You should frequently check the home page of the Sites, the Terms under the App(s) settings, [your "Messages" within the App or on the Site,] and the email account that you associated with your Account for notices, all of which you agree are reasonable manners of providing you notice.  You can reject any new, revised or additional terms by discontinuing use of the Service and related services, and uninstalling the App(s).  

2.    ELIGIBILITY

The Service is intended solely for persons who are 13 or older who access and use the Service from and within the United States. Any other access to or use of the Service is expressly prohibited.  Access and use by users between 13 and 18 is only permitted under the supervision of a parent or guardian who takes full responsibility for their minor’s Account and Website and Service activities.  By accessing or using the Service you represent and warrant that you are 13 or older and accessing and using the Service from and within the United States.

3.    Children

We are a general audience service and do not knowingly solicit data from, or market to, children under the age of 13. Parents and guardians can learn more about children’s privacy and how we comply with applicable laws relating to the privacy of children online at the "Children" section of our Privacy Policy, or may contact us at privacy@altafiber.com.  

4.    Account Registration

In order to access and use the Service, you must register to create a "My altafiber" account profile ("Account") by downloading the App, becoming a "Member", and creating a My altafiber profile. To become and remain a Member you must meet the eligibility requirements above and in any applicable Additional Terms that may apply from time-to-time. During the registration process, you will be required to provide certain information to authenticate your identity and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. altafiber reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, and to reject or terminate usernames. You are responsible for safeguarding your username and password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You agree that you will immediately notify altafiber of any unauthorized use of your Account or compromise of your password here; provided, however you remain fully responsible for your Account activity even after such notice.

5.    User Accounts

We reserve the right to close your Account(s) at any time for any or no reason, with no further obligation to you, except as may be provided in applicable Additional Terms. There may be multiple types of Accounts, such as:

• a "Personal Account" is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a user of the Service. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Personal Accounts.
• a "Business Account" is an account to be used solely for the purpose of representing your business in connection with the Service. Business Accounts may require payment in exchange for additional functionality, and may be governed by applicable Additional Terms.  In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own. If an authorized representative of a Business Account is no longer an authorized representative of the business in question, it is the responsibility of the business customer to contact its account manager, to log into its Business Account and change the login username and password, or to close its Business Account immediately.

6.  OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT

A.    Ownership.  The Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. altafiber and its licensors exclusively own all right, title and interest in and to the Service (including without limitation the Site(s) and App(s)), and the Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.  altafiber owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.  

B.    Your Rights to Use the Service and Content.  Subject to your compliance with the terms and conditions of these Terms, and any applicable Additional Terms, altafiber grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to use the Service to access, view, download and print any Content solely for your personal or strictly internal business purposes only as set forth in this Section 6.B or in applicable Additional Terms. You will not otherwise use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or Content. Your right to access and use the Service and the Content shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the Content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by altafiber or its licensors, except for the licenses and rights expressly granted in these Terms, which are as follows.  You may, subject to any applicable terms of Third-party Services (defined below) applicable to their Content and services accessed through our Service:
                            (1)     Display, view, use, and play the Content on your personal Device for your individual use, and not as a public performance, and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
                            (2)     Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service (any such widget or other digital streaming Internet video player referred to as a "Service Widget");    
                            (3)     Cut and paste certain code expressly made available to you by altafiber through the Service (whether such functionality is designated as "sharing" functionality or not) in order to embed, re-publish, maintain, and/or display the specific Content to which such code relates on your own personal, customized social networking Web page(s), Web blog(s), or microblog(s) (collectively, your "Personal Social Media"), and/or, if the Service provides "widget grabbing and embedding" functionality, to "grab" a Service Widget and embed, re-publish, maintain, and/or display such Service Widget on your Personal Social Media; 
                            (4)     Cut and paste certain code expressly made available to you through the Service, and/or if the Service provides "widget grabbing and embedding" functionality, to "grab" a Service Widget, to forward, as applicable, such code and/or Service Widget to your friends, so that they can view the Service content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Service Widget on their own Personal Social Media or re-forward it to their own friends;  
                            (5)     If the Service includes a "Send to Friend" or similar tool that allows you to initiate and send to one of your friends an email communication that includes content, and the tool is operational, use the tool to request that the Service’s servers convey your message to your friend on your behalf; 
                            (6)     If the Service includes a "Download" link next to a piece of Content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;
                            (7)     Download, install and use one copy of any software, including Apps, that we make available by us on or through the Service ("Software") on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, we do not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be us and/or our third party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of us; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
                            (8)     If made available to you, obtain a registered personal Account (and/or related username and password) on the Service and interact with other Service users as part of Service-based chat rooms, message boards, social media networks, online multiplayer games and/or other activities or similar services offered on the Service;   
                            (9)     Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any of our trademarks or images, (b) the links and the content on your website do not suggest any affiliation with altafiber or cause any other confusion, and (c) the links and the content on your website do not portray altafiber or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to us.  altafiber reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party; and
                            (10)     Use any other functionality expressly provided by us on or through the Service for use by Service users, subject to these Terms and any applicable Additional Terms. 

C.    Rights of Others.  In using the Service, you must respect the intellectual property and rights of altafiber and others.  Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability.  When you access Third-party Services via our Service, those services and the Content thereon or made available thereby, are subject to their terms and conditions, with which you represent and warrant you will comply.  If you are a copyright owner and believe that your work has been infringed via the Service, see Section 7, below. 

D.    Reservation of all Rights Not Granted as to Content and Service.  These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and Content.  No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.  ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY US AND OUR LICENSORS AND OTHER THIRD PARTIES.  Any unauthorized use of any Content or the Service for any purpose is prohibited.

7.    Copyright Infringement Policy

altafiber respects the intellectual property rights of others and expects users to do the same.  In appropriate circumstances, we may terminate the Account(s) of, and/or disable access to or certain aspects of the Service, by users suspected to be infringing the copyrights (or other intellectual property rights) of others.  
  
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), altafiber will respond appropriately to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent").  Our Designated Agent is:

Patrick. M. Crotty, Corporate Counsel
altafiber DMCA Support
Attn: Security Department
221 East Fourth Street, Suite 121-300
Cincinnati, OH 45202
Email: dmcanotification@altafiber.com 
513.566.4358

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:  

(i)    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii)    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii)    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv)    Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v)    A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi)    A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

8.    User Content and Feedback

A.      License to Your User Content.  Members may post, upload, publish, submit or transmit text, graphics, images, music, software, audio, video, information or other materials to be made available through the Service ("User Content"). Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your User Content, by making available any User Content through the Service, you hereby grant to altafiber the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in connection with the Service (including the marketing and promotion thereof and of us), all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.  Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services.  You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so.  In order to further effect the rights and license that you grant to us to your User Content, you also hereby grant to us, and agree to grant to us, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.  You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 8.A.   altafiber does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

B.      Your Assurances Regarding Your User Content.  You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to altafiber the rights in such User Content, as contemplated under these Terms and any applicable Additional Terms; and (ii) neither the User Content, nor your posting, uploading, publication, submission or transmittal of the User Content or altafiber’s use of the User Content (or any portion thereof) on, through, in connection with or by means of the Service, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

C.      Feedback.  We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site(s), App(s), or other aspects of the Service and/or our other businesses ("Feedback"). You may submit Feedback by emailing us at customercare@altafiber.com. You acknowledge and agree that all Feedback, however received by us, will be the sole and exclusive property of altafiber and you hereby irrevocably assign to altafiber and agree to irrevocably assign to altafiber all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At altafiber’s request and expense, you will execute documents and take such further acts as altafiber may reasonably request to assist altafiber to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

9.     BILLING AND PAYMENT TERMS

A.     Paying for your Service.   altafiber will send you a bill every month and allow you at least 15 days to pay it. If you do not pay your bill on time, altafiber may disconnect your service. 

Before disconnecting your service, altafiber is required to send you a disconnect notice at least seven days before the shut-off date. If you cannot pay your entire bill, please contact altafiber to establish payment arrangements. Please note that payment to an unauthorized payment agent does not guarantee same day posting to your payment. If you live in KY, you may be able to retain part of your service if you pay enough to cover the charges for basic phone service.

If your service is disconnected, please contact altafiber to find out what you need to do to have it restored. You may have to pay a fee and/or a deposit to have your service reconnected. If your service is suspended, a reconnection fee of up to $30 is applicable. If disconnected, all standard charges will apply to reestablish service.

If you have a billing dispute, and you have made an informal or formal complaint to the PUCO, altafiber will not disconnect your service if you pay the undisputed portion of the bill. While the complaint is being investigated, you must pay all current undisputed amounts and continue discussion with altafiber to settle the complaint. 

To learn about call blocking options, i.e., toll, 900 services, collect calls, third party calls, or pay-per-use features, to help manage your account, please contact altafiber. Some or all of these options are free of charge.

B.     Making Payments Through the My altafiber App.  When making a payment to altafiber ("Payment") through the My altafiber App, you authorize v to process the Payment in accordance with the payment method and information entered into the application ("Payment Instructions"), and you acknowledge and agree that the payment information you enter automatically will be saved within altafiber’s billing systems. Payments submitted through the My altafiber App will be processed within three (3) Business Days. "Business Days" are Monday through Friday, excluding bank holidays and altafiber holidays. Payments submitted after 4 p.m. Eastern Time or on non-business days will be considered entered into the application on the next Business Day. 

You agree that you are legally authorized to use as a Payment method the financial institution account (such as the account linked to the debit or credit card or the checking or savings account) that you include in any Payment Instructions ("Payment Account"). You are solely responsible for ensuring that your Payment Account or payment card information (including the payment card expiration date) is current and accurate. You may not use the My altafiber App for any illegal activity or purpose, including payment fraud or identity theft.

We will not charge you any fees to use the My altafiber App, but you are responsible for all Payments made, and for any fees associated with the Payment Account used by you to make such Payments. Your account balance due will be credited in the amount of any Payment that you authorize through the My altafiber App once altafiber starts processing your Payment, which is usually within three Business Days.  If your bank or credit card issuer refuses to pay us the amount that you authorized us to charge to your Payment Account for any reason, we will reverse the payment on your account and you might be required to pay a fee. 

C.     Our Liability.  If we do not complete a transfer through the My altafiber App from your Payment Account on time or in the correct amount in accordance with these Terms of Use or any applicable Additional Terms then we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

• If, through no fault of ours, you do not have enough money in your Payment Account to make the Payment, or your Payment Account does not otherwise permit the transaction to be executed.
• If the transfer would go over the credit limit on your overdraft line.
• If the My altafiber App was not working properly and you were knew or should have known that the malfunction could prevent successful Payment when you initiated your Payment.
• If circumstances beyond our control (including but not limited to fire, flood, or similar force majeure event) prevent the Transfer.

D.     Errors and Questions.  Please contact us promptly in case of errors or questions about your electronic fund transfers made through the App.  (For example, if you think that the statement regarding your Payment Account from your financial institution ("Periodic Statement") is wrong with respect to any Payment made through the App, or if you simply need more information about a transfer made through the App that is listed on the Periodic Statement). Please contact us at: 513-565-2210, or write us at customercare@altafiber.com or altafiber, 221 E. 4th Street, Cincinnati, OH 45201-2301, Attn: Customer Care. We must hear from you no later than ninety (90) days after you received the first Periodic Statement on which the problem or error appeared:

• Tell us your name and altafiber account number;
• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
• Tell us the dollar amount of the suspected error.

10.    General Prohibitions

A.      Service Use Restrictions.  You agree not to do any of the following while using the Service or Content:

                            (1)     Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; 
                            (2)    Use, display, mirror or frame the Site(s) or App(s), or any element within the Service, altafiber’s name, any altafiber trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without altafiber ’s express written consent;
                            (3)    Access, tamper with, or use non-public areas of the Service, altafiber’s computer systems, or the technical delivery systems of altafiber’s providers;
                            (4)     Attempt to probe, scan, or test the vulnerability of any altafiber system or network or breach any security or authentication measures;
                            (5)    Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by altafiber or any of altafiber’s providers or any other third party (including another user) to protect the Site, Service or Content;
                            (6)     Attempt to access or search the Service or Content, or download Content from the Service, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by altafiber or other generally available third party web browsers;
                            (7)    Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
                            (8)    Use any meta tags or other hidden text or metadata utilizing a altafiber trademark, logo URL or product name without altafiber’s express written consent;
                            (9)    Use the Service or Content for other than your personal or a strictly business purpose or for the benefit of any third partyor in any manner not permitted by these Terms or applicable Additional Terms, or as authorized by altafiber;
                            (10)    Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;
                            (11)    Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes of ours or our licensors accessible through any portion of the Service;
                            (12)    Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
                            (13)    Engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, altafiber, Third-party Services, our Content licensors or other users of the Service; 
                            (14)    Interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User Content of other users of the Service; 
                            (15)    Harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); 
                            (16)    Attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; 
                            (17)    Impersonate or misrepresent your affiliation with any person or entity;
                            (18)    Engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to altafiber;
                            (19)    Violate any applicable law or regulation; 
                            (20)    Otherwise violate these Terms or any applicable Additional Terms; or
                            (21)    Encourage or enable any other individual to do any of the foregoing.

B.      Content Use Restrictions.  You also agree that, in using the Service, you: 

• Will keep intact all trademark, copyright, and other intellectual property notices contained in Content or Software; 
• Will not use Content in a manner that suggests an unauthorized association with us or any of our products, services, or brands;
• Will not make any modifications to Content (other than to the extent of your specifically permitted use thereof, if applicable) or the Software;
• Will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit Content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of altafiber or, in the case of Content from a licensor or Third-party Service, the owner of the content; and
• Will not insert any code or product to manipulate Content in any way that adversely affects any user experience.

A violation (as determined in altafiber’s sole and absolute discretion) of any provision of this Section 10 "General Prohibitions" will constitute a breach of these Terms of Use, and altafiber reserves the right in its sole and absolute discretion to temporarily or permanently suspend or terminate your access to the Service without notice. altafiber will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. altafiber may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that altafiber has no obligation to monitor your access to or use of the Service or Content, or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms and Additional Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. altafiber reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any User Content, that altafiber, at its sole discretion, considers to be in violation of these Terms, Additional Terms or otherwise harmful to, or inappropriate for, the Service.

11.    Third-Party Services; Advertisements; Dealings with Third Parties

          A.    Third-party Content and Sites; Advertisements.  The Service may contain third party plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services, that are not owned, controlled or operated by altafiber, including services operated by advertisers, licensors, licensees, and certain other third parties (including those we have business relations with), or otherwise facilitate your access to third party services and/or Content (collectively, "Third-party Services").  We may also host our content, apps, and tools on Third-party Services.  We have no control over the content, operations, policies, terms, or other elements of Third-party Services, and do not assume any obligation to review them.  We do not necessarily review, endorse, approve, or sponsor any Third-party Services, or any third-party Content, advertising, information, materials, products, services, or other items.  Furthermore, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-party Services.  AS PERMITTED BY APPLICABLE LAW, WE WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN OR THROUGH THESE THIRD-PARTY SERVICES.  Any activities you engage in connection with Third-party Services are subject to that Third-Party Services’ privacy policy and terms of use which you should read before engaging in such activities.
 
          B.    Apple, Android, and Other Platforms and Devices.  If you are accessing or using the Service through Apple, Android, or other third party platforms or services, those Third-party Services’ own terms and policies apply to such access and usage.  Without limitation, Additional Terms for our App(s)’ Apple Users are provided below which are applicable to you and are incorporated into these Terms by this reference.

• TERMS APPLICABLE FOR APPLE IOS.

(i)    To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms are entered into between you and altafiber and, that Apple, Inc. ("Apple") is not a party to these Terms other than as third-party beneficiary as contemplated below.

(ii)    The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service and any other third party terms of agreement applicable to the Service. 

(iii)    You acknowledge that altafiber, and not Apple, is responsible for providing the Service and Content thereof.

(iv)    You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service. 

(v)    To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.

(vi)    Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and altafiber, altafiber, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  

(vii)    Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

(viii)    You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. 

(ix)    When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.

(x)    Your use of real time route guidance on the Service is at your sole risk.  Location data may not be accurate.

          C.    Dealings with Third Parties.  Any interactions, correspondence, transactions, or dealings you have with any third parties found on or through the Service (including on or via Third-Party Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like).  We disclaim all liability in connection therewith.

12.    Termination and Account Cancellation

If in altafiber’s sole and absolute discretion you breach any of these Terms or applicable Additional Terms then altafiber will have the right to suspend or disable your Account or terminate these Terms or applicable Additional Terms at its sole discretion and without prior notice to you.  Subject to any applicable Additional Terms, altafiber reserves the right to revoke your access to and use of the Site(s), App(s), or certain aspects of the Service, and/or Content, at any time, with or without cause. In the event altafiber terminates these Terms, or Additional Terms, for your breach, you will remain liable for any amounts due to us.  Subject to any applicable Additional Terms (including, for example, but not limited to, early cancellation fees), you may cancel your Account at any time by sending an email to customercare@altafiber.com.  All of the terms of these Terms and Additional Terms that would typically survive termination shall do so.

13.    Disclaimers

AS PERMITTED BY APPLICABLE LAW, AND SUBJECT TO ANY APPLICABLE ADDITIONAL TERMS: (A) THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED; (B) WITHOUT LIMITING THE FOREGOING, altafiber EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND altafiber MAKES NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; (C) altafiber MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICE; AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM altafiber OR THROUGH THE SITE, SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT altafiber DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICE, NOR DOES altafiber MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE OR OF THIRD-PARTY SERVICES. altafiber MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE, OR OF THIRD PARTY SERVICES OR THEIR USERS, OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH THIRD-PARTY SERVICES AND WITH OTHER PARTIES WITH WHICH YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON OR TRANSACT OR OTHERWISE INTERACT WITH A THIRD-PARTY SERVICE.

14.    INDEMNITY

As permitted by applicable law, you agree to defend, indemnify, and hold altafiber, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or Content, or your violation of these Terms or Additional Terms; provided, however, that the foregoing is not intended to limit any express obligations of altafiber we have to you as specially set forth in any applicable Additional Terms.

15.    Limitation of Liability

EXCEPT AS PROVIDED IN SECTION 9 OF THESEE TERMS OF USE WITH RESEPCT TO YOUR PAYMENTS, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT REMAINS WITH YOU. NEITHER altafiber NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PARTIES, INCLUDING THIRD-PARTY SERVICES, WITH WHOM YOU COMMUNICATE, TRANSACT OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT altafiber HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL altafiber’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO altafiber FOR USE OF THE SERVICE OR CONTENT, IF YOU HAVE PAID MONEY IN CONNECTION YOU’RE YOUR ACCOUNT, OR ONE HUNDRED DOLLARS ($100), IF YOU ARE REGISTERED FOR A FREE ACCOUNT OR OTHERWISE ACCESSED OR USED THE SERVICE FOR FREE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN altafiber AND YOU.   

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

These limitations of liability are not intended to limit any express obligations of altafiber we have to you as specially set forth in any applicable Additional Terms.

16.    Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of altafiber used herein are trademarks or registered trademarks of altafiber. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.  All rights reserved.

17.    Dispute Resolution & Mandatory Arbitration 

This Section 17 is intended by both parties to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act in connection with a transaction involving interstate commerce. Accordingly, you and altafiber agree that we intend that this Section 17 satisfies the "writing" requirement of the Federal Arbitration Act.  This Section 17 can only be amended by mutual agreement.  Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

A.    First – Try to Resolve Disputes

1. We each agree to first contact each other with any Disputes (defined below) and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with Disputes by contacting us at 513-565-9890, and with written information provided to customercare@altafiber.com. We will contact you based on the contact information you have provided us.  But if no such information exists or if such information is not current, then we have no obligation to you under this Section 17.A.  
2. If after 30 days the parties are unable to resolve any dispute raised under Section 17.A, the dispute may only be submitted to arbitration consistent with this Section 17, except as provided below or in applicable Additional terms.  Both you and we understand that each would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but by agreeing to these Terms they choose to have any disputes resolved through arbitration.

B.    Mandatory Arbitration

All actions or proceedings arising in connection with, touching upon or relating to this Agreement, the breach thereof (including without limitation our provision of the Services and our privacy practices and Privacy Policy related to the Services) and/or the scope of the provisions of this Section ("Dispute") shall be submitted to JAMS for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Cincinnati, Ohio, before a single arbitrator.  The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS per its applicable rules.  You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable laws require altafiber to pay a greater portion or all of such fees and costs in order for this Section 17 to be enforceable, then altafiber will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply applicable law and the provisions of these Terms and any applicable Additional Terms, will be bound by these Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim.  The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers.  The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based.  Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek injunctive or equitable relief (subject to the provisions of the Terms or applicable Additional Terms waiving or limiting that relief) in a court of competent jurisdiction in Cincinnati, Ohio, or, if sought by altafiber, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party in an arbitration hereunder shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the courts in Cincinnati, Ohio or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.  The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. 

C.    Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and altafiber, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the classwide dispute must be brought in court.

D.    No Class Actions

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

E.    No Trial By Jury

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

F.    Controlling Law and Jurisdiction.  These Terms and applicable Additional Terms, and any actions related thereto, including all Disputes, will be governed by the laws of the State of Ohio without regard to its conflict of laws provisions that would apply other law. Subject to Section 17.B, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms and applicable Additional Terms, will be the state and federal courts located in Cincinnati, Ohio, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

G.    Limits On Injunctive Relief

TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE OR THE CONTENT, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, INTERNET ACCESS SERVICE, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY altafiber (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF altafiber.

18.    Entire Agreement

These Terms, together with any applicable Additional Terms, constitute the entire and exclusive understanding and agreement between altafiber and you regarding the Service and Content, and supersede and replace any and all prior oral or written understandings or agreements between altafiber and you regarding the Service and Content.

19.    ASSIGNMENT

You may not assign or transfer these Terms, or applicable Additional Terms, by operation of law or otherwise, without altafiber’s prior written consent. Any attempt by you to assign or transfer these Terms, or applicable Additional Terms, without such consent, will be null and of no effect. altafiber may assign or transfer these Terms, and/or applicable Additional Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms and  applicable Additional Terms, will bind and inure to the benefit of the parties, their successors and permitted assigns.

20.    Notice OF MATERIAL CHANGES, Questions, and Customer Service

You agree that: (1) we may give you notices of new, revised or changed material terms and other important matters by prominently posting notice on the home page of the Site(s) or otherwise via the Service, or in another reasonable manner; and (2) we may contact you by mail or email sent to the address provided by you.  You agree to promptly notify us if you change your email or mailing address by updating such information in your Account settings. All legal notices to us must be sent to: 

Cincinnati Bell Telephone Company LLC    
221 East Fourth Street    , Suite 1090
Attn: General Counsel
Cincinnati, Ohio  45202    
 
If you have a question regarding using the Service, and you have a valid Account, you may contact our Customer Support by calling 513-565-9890 or by sending an email to customercare@altafiber.com.  You acknowledge that the provision of customer support is at our sole discretion and that we have no obligation to provide you with customer support of any kind.  

For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

21.    General

A.   Devices and Connectivity.  

We do not warrant that the Software provided to utilize the Service or any other software used in connection with the Service will be compatible with other third party software nor do we warrant that operation of the Service and the associated software will not damage or disrupt other software or hardware.  You are responsible for obtaining and maintaining all Devices and other equipment and software, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.  You further agree to look solely to the entity that manufactured and/or sold you the Device for any issues related to the Device and its compatibility with the Service and/or the Software.  

By using the Service, you agree that altafiber may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service (e.g., save content, access data, enable services, etc.).  For instance, our App may access and read accounts, data and/or content on your Device, add content to your Device, and change settings of your Device, for reasons such as showing you the location of things or people near you; saving App images, sound files and writing usage logs to the Device; sending Facebook and Twitter messages you initiate; sending and receiving data needed for App operations; and to provide you notice when you are or are not connected to a network.  You consent to these activities by installing the App or otherwise using the Service.  Your Device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the App by uninstalling the App.

The quality of the display of the Content may vary from Device to Device, and may be affected by a variety of factors, such as your Device, your location, the bandwidth available through and/or speed of your Internet connection.  We make no representations or warranties about the quality of your Service experience on your Device or the ability of any Device to access or display the Content. In order to stream or download Content, your equipment must meet certain system requirements, including but not limited to having high-speed Internet access.  

Any issues related to the Service and/or the Software, including any system requirements, are covered and limited by this Agreement.  Please refer to the Disclaimers and Limitations of Liability provisions set forth in these Terms.  

B.    Electronic Communications and Contracting.  When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically.  We will try to promptly respond to all inquiries, but we are not obligated to do so.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  You agree that any time you electronically transact, agree or consent via the Service is intended to be an electronic signature which binds you as if you had signed on paper.  You agree that your use of the Service, other than to read the Terms, applicable Additional Terms and Privacy Policy, constitutes agreement to the Terms, and any applicable Additional Terms, then posted without further action by you.  

C.    Operation of Service; Availability of Products and Services; International Issues. 
altafiber controls and operates the Service from its Ohio-based offices in the U.S.A., and altafiber makes no representation that the Service is appropriate or available for use beyond the greater Cincinnati area (including, potentially, southwestern Ohio, southeastern Indiana and northern Kentucky), Ohio, U.S.A ("Service Area").  If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.  The Service may describe products and services that are available only in the Service Area (or only parts of it).  We reserve the right to limit the availability of the Service and/or the provision of any Content, product, service, or other feature described or available on or in connection with the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Content, bandwidth, Service access, product, service, or other feature that we provide, subject to any applicable Additional Terms.  You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms, or Additional Terms, or to any sale of goods carried out as a result of your use of the Service.

D.  Miscellaneous.  

The failure of altafiber to enforce any right or provision of these Terms, or applicable Additional Terms, will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of altafiber. Except as expressly set forth in these Terms, or applicable Additional Terms, the exercise by either party of any of its remedies will be without prejudice to its other remedies. If for any reason a court of competent jurisdiction finds any provision of these Terms, or applicable Additional Terms, invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms, or applicable Additional Terms, will remain in full force and effect.  To the extent not prohibited by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.  Wherever the word "including" is used in these Terms, or any applicable Additional Terms, the word will be deemed to mean "including, without limitation."  The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.

 

MY ALTAFIBER
 WEBSITE AND MOBILE APPLICATION
 PRIVACY POLICY

Last Updated Date: June 9, 2017

Welcome to My altafiber, a platform that empowers you to manage your account; including reviewing and paying your bill, getting detailed billing information, finding help content, and troubleshooting equipment (the "Service").

You have arrived at https://my.altafiber.com, have downloaded the App, and/or are otherwise interacting with our Service (defined below), which is offered by Cincinnati Bell Telephone Company LLC (" altafiber ", "altafiber" "we", "us" or "our").  This "Privacy Policy" governs your use of any online service location (e.g., web site or mobile app) that posts a link to this Privacy Policy (each a "Site" except when we refer only to our mobile apps, in which case an "App").

This Privacy Policy explains how we collect, use, and disclose information about you when you use the Service. By downloading an App, or otherwise accessing or using the Service, you acknowledge that you understand and agree to the Service’s Terms of Use, and consent to our collection, use and sharing of your information and data, and other activities and practices, as described below. You should read the entire Privacy Policy, but here are some highlights with links to further details:

Table of Contents

1. Scope of Service
2. Changes to Services and Privacy Policy
3. Your Consent
4. Information The Service May Obtain And How Is It Used
5. Collection of Device Location Information
6. How We May Use Information About You
7. Third Parties And Their Access Or Receipt Of Your Information
   
   (c)  Information You Disclose Publicly or to Others
8. Automatic Data Collection and Advertising
9. Your Choices
10. Children
11. Security
12. Contact us

1.  Scope of Service

The Service gives users access to a platform (via either https://my.altafiber.com  or our App)  that empowers you to manage your account; including reviewing and paying your bill, getting detailed billing information, finding help content, and troubleshooting equipment.

altafiber is based in Cincinnati, Ohio, in the United States of America, and the Service and the information we collect in connection with the Service is governed by U.S. law, which you accept as more fully set forth in Section 3.

2.  Changes to Services and Privacy Policy

We may change this Privacy Policy from time-to-time to reflect changes to our Service and our practices.  If we make changes, we will notify you by revising the date at the top of the Privacy Policy and, in some cases, we will provide you with additional notice (for example, by adding a statement in the My Account App or at https://my.altafiber.com, by or sending you an email, text, in-App message, on-Site message, or push notification).  As permitted by applicable law, changes will be effective upon such notice so we encourage you to review the Privacy Policy periodically to stay informed about our practices and the ways you can help protect your privacy.

3.    Your Consent

By using the Services (including without limitation, our Site(s) and/or App(s)), you are consenting to our collection and processing of user provided and automatically collected information as set forth in this Privacy Policy now and as amended by us, subject to your choices as set forth in Section 9.  "Processing" and "processed" means using Tracking Technologies (defined below) on or in connection with a Device, or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities may take place in the United States and other countries.  If you reside outside the U.S. your information may be transferred to the U.S., and processed and stored there under U.S. privacy standards, which are different from the laws of other counties, and you consent to such transfer to, and processing in, the U.S. information we collect via the Service or that you otherwise provide to us. 

4.    Information The Service May Obtain And How Is It Used.

Information we, our service providers and/or Third-party Services (defined below) may collect may include: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, e-mail address, phone number, address, and full payment account number ("Personal Information"); and (2) non-Personal information, such as (to the extent permitted by applicable law) your gender, age, interests, and your activities on or in connection with the Service (e.g., usage activity) ("non-Personal Information").  In addition, Personal Information, including, without limitation, altafiber-Collected PI (defined below), once "de-identified" (i.e., the removal of personal identifiers from data to make it no longer personally identifiable) is also non-Personal Information and may be used and shared without obligation to you, as permitted by applicable law.  To the extent any non-Personal Information is combined by or on behalf of us with Personal Information altafiber itself collects directly from you via the Service (" altafiber-Collected PI"), we will treat the combined data as altafiber-Collected PI under this Privacy Policy. Our information collection activities may include:

(a)    Information You Provide to Us.  We collect information you directly give us.  For example, we collect information about you when you sign up for our Service, download and register an App, fill out a form, give feedback, ideas, or submissions to us, communicate with us via Third-party Services (defined below)(e.g., social media sites), request online customer support, or otherwise communicate with us. Registration with us is mandatory in order to be able to use the basic features of an App, and may be required for access to or use of other parts of the Service.

When you register with us, you generally provide registration information such as your name, email address, user name, telephone number, or other registration information.  Other information you may directly provide us includes, without limitation: (a) transaction-related information, such as when you respond to offers or download or use Apps from us; (b) information you provide us when you contact us for help; (c) information you voluntarily provide to complete your My altafiber profile, such as contact information, your age, and info about your individual preferences; and (d) information provided by Third-party Services (e.g., when you give our App(s) access to your Facebook account).  As permitted by applicable law, we may use the information you provide us to contact you from time to time to provide you with important information, required notices, and marketing promotions.

(b)    Automatically Collected Information. When you access or use our Service (including without limitation, our Site(s) and/or App(s)), we may automatically collect certain information about you.  This information may include:

• Log Information: We may log information about your use of the Service (including without limitation, our Site(s) and/or App(s)), such as the type of Device you use, your Device’s unique device ID or serial number, the IP address of your Device, your operating system, the type of Internet browsers you use, and information about the way you use the Service. As permitted by applicable law, we may use this information for purposes such as analytics, advertising and product improvement.  See "Automatic Data Collection and Advertising" at Section 8 for more information.
• Device Information:  We may collect information about the Device you use to access the Service (including without limitation, our Site(s) and/or App(s)), such as hardware model, operating system and version, unique device identifiers and mobile network information. As permitted by applicable law, we may use this information for advertising, analytics and product improvement purposes. See "Automatic Data Collection and Advertising" at Section 8 for more information.
• Location Information: We may collect location, including precise location, information about the location of your Device each time you access or use the Service (including, without limitation, when your Device interacts with our wi-fi service and when location services are enabled on your Device).  In connection therewith, we may do so even when an App is only running in the background and when you access wi-fi outside of an App. For more information, please see "Collection of Device Location Information" in Section 5.
• Information Collected by Cookies and Other Tracking Technologies:  We may use various now and hereafter developed technologies and processes to collect information ("Tracking Technologies"), and this may include cookies and web beacons.  Cookies are small data files stored on your hard drive or in device memory.  Web beacons (also known as "tracking pixels") are non-visible electronic images.  Tracking Technologies may be used, among other things, for analytic and product improvement purposes, such as seeing which areas and features of an App or Site are popular or determining whether an email has been opened and acted upon.  

Below please find additional information about the various tracking technologies we may use now or hereafter:

• Cookies
  A cookie is a small text file that is stored on a user’s device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service, and enhance your user experience. Cookies may remain on your device for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Service may not work.  A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML 5 cookies are locally stored on your device other than in the browser and browser settings won’t control them.  Please click here to identify certain types of local shared objects on your device and adjust your settings.  The Service may associate some or all of these types of cookies with your devices.
• Embedded Scripts
  An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from our web server, or from a third party with which we work, and is active only while you are connected to the Service, and deleted or deactivated thereafter.
• Fingerprinting. 
  Collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.
• Device Recognition Technologies.
  Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household).
• In-App Tracking Methods
  There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings.  

For more information on certain choices you have regarding Tracking Technologies and their use, see "Your Choices" at Section 9.

(c)    Information We Collect from Other Sources. We may also obtain information from other sources and combine that with information we collect through the Service.  For example, if you create or log in to your account through a Third-party Service (e.g., a social media site like Facebook) we may have access to certain information from that site (including but not limited to your name, account information, and friends lists), in accordance with the authorization procedures determined by those social media sites.  For more information on Third-party Services, see Section 7(b).

5.    Collection of Device Location Information.

Our App(s) may collect precise information about the location of your Device to, among other things, provide requested location services. Collecting this precise information also allows the Service to better perform, including better enabling it to retrieve and render the correct content, and otherwise improving users’ experience.  To do this, the App may monitor precise location information even when the Application is only running in the mobile operating system’s background.  You can limit certain location-aware functionality on an App by turning off location sharing in your settings or uninstalling an App from your Device.  For more information, please see "Your Choices" at Section 9(a).  However, the Service may still monitor and collect other location information, such as identifying your Device’s proximity and/or connection to a wi-fi network and geolocation identification using IP address, even if you have turned off App location services or access our wi-fi outside of an App.

6.    How We May Use Information About You.

As permitted by applicable law, we may use and disclose information you provide to us, automatically collected information, and information we collect from other sources to:

• provide, deliver, maintain, test, and improve our Service;
• send you technical notices, updates, confirmations, security alerts, and support and administrative messages;
• respond to your comments, questions, and requests and to provide customer service;
• communicate with you about products, services, offers, promotions, rewards, and events offered by altafiber and others, and to provide news and information we think may be of interest to you;
• monitor and analyze trends, usage, and activities in connection with the Service and to improve and personalize the Service;
• detect, investigate, and prevent any suspected breaches of our Terms of Service;
• link or combine information we get from others to help understand your needs and provide you with better service; and
• except as otherwise limited by this Privacy Policy, applicable law or other notice we give you at the time of collection.

7.    Third Parties And Their Access Or Receipt Of Your Information.

(a)  Our Sharing of Your Personal Information.  As permitted by applicable law, we may share non-Personal Information, and Personal Information that is not deemed altafiber-Collected PI hereunder (provided that we are  aware of no restrictions on our use, if any), with third parties or our affiliates for any purpose.  However, we will share your altafiber-collected Personal Information with third parties in only the ways that are described as follows, or as otherwise described in this Privacy Policy or authorized by you (such as opting in to a promotional opportunity):

• With vendors, consultants, and other service providers who need access to such information to carry out work on our behalf;
• In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process, or as otherwise required by any applicable law, rule, or regulation.
• When we believe, in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property, or safety of altafiber or others;
• In connection with, or during negotiations of, any proposed or actual merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of altafiber, or its parent, subsidiaries, or affiliates,  or transfer of all or a portion of our business or assets to another company ("Corporate Transaction"); or
• With your consent or at your direction, including if we notify you through the Service, or otherwise, that the altafiber-Collected Personal Information you provided us will be shared in a particular manner and you provide such information.

In addition, for information on choices you have regarding Tracking Technologies and certain other data collection see "Automatic Data Collection and Advertising" at Section 8 and "Your Choices" at Section 9.

(b)  Third-party Services.      The Service may include hyperlinks to, facilitate access to (e.g., the sites you visit using our wi-fi service) or include on, or in connection with, the Service (e.g., apps and plug-ins), websites, locations, platforms (e.g., Apple, Android, etc.), edge networks (e.g, Facebook, Google, etc.), applications or services operated by third parties ("Third-party Service(s)"). These Third-party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you.  

Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-party Services, such as third-party social networks ("Social Features"). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-party Service; "liking" or "sharing" our content; logging in to the Service using your Third-party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-party Service (e.g., to pull or push information to or from the Service). 

If you use Third-party Services, information you post or provide access to may be publicly displayed on the Service (see Section 7(c)) or by the Third-party Service that you use. Similarly, if you post information on a Third-party Service that references the Service (e.g., by using a hashtag associated with altafiber in a tweet or status update), your post may be used on or in connection with the Service or otherwise by us and our affiliates.  Also, both we and the third party may have access to certain information about you and your use of the Service and any Third-party Service. 

Third Party Services may include our service providers and others that use Tracking Technologies to collect information for analytics and advertising. Some third parties may also offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our Site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies.  We are not responsible for the completeness or accuracy of this tool or third party choice notices or mechanisms.   For specific information on some of the choice options offered by third party analytics and advertising providers, see "Your Choices" at Section 9(c).   For more information see "Automatic Data Collection and Advertising" at Section 8 and "Your Choices" at Section 9. 

Except to the extent we combine information from service providers, Third-party Services, or other third parties with altafiber-Collected PI, in which case we will treat the combined information as altafiber-Collected PI under this Privacy Policy, data obtained by us from a third party, even in association with the Service, is not subject to our limitations regarding altafiber-Collected PI under this Privacy Policy, however such data remains subject to any restrictions imposed on us by the third party, or under applicable law, if any.  Otherwise, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with us, the types of information shared, and your choices on what is visible to others on Third-party Services.  

We are not responsible for and make no representations regarding the policies or business practices of any third parties, including, without limitation, analytics service providers and Third-party Services associated with the Service, and encourage you to familiarize yourself with and consult their privacy policies and terms of use.  

(c)  Information You Disclose Publicly or to Others.

The Service may permit you to post or submit your own content including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including Personal Information ("UGC" or "user-generated content").  If you choose to submit UGC to any public area of the Service, your UGC will be considered "public" and will be accessible by anyone, including us.  Notwithstanding anything to the contrary, Personal Information included in UGC is not subject to our usage or sharing limitations, or other obligations, regarding altafiber-Collected PI or other Personal Information under this Privacy Policy or otherwise, and may be used and shared by us and third parties to the fullest extent permitted by applicable law.  We encourage you to exercise caution when making decisions about what you disclose in such public areas. For more information on how UGC is treated please see Section 8 of the Service’s Terms of Use, available here.  

8.    Automatic Data Collection and Advertising

As permitted by applicable law, we may allow analytics companies to help us understand how the Service is being used, such as the frequency and duration of usage. We may also work with advertisers, analytics companies, and third party advertising networks that would need to know how you interact with advertising provided in our Apps and/or our Sites.  Advertisers, analytics companies, and advertising networks may use some of the information collected in connection with the Service, including the unique identification ID of your mobile Device and your mobile telephone number.  These third parties may also use Tracking Technologies to collect information about your use of the Service (including, without limitation, the Site(s) and App(s)),  information about other applications you’ve downloaded to your mobile device, the websites you visit, your non-precise location information (e.g., your zip code), and data such as your email address, age (but not date of birth), gender, your user-provided App profile information, zip code, and other non-precise location information.  We and others may use this information to, among other things, analyze and track data, determine the popularity and relevance of certain content, personalize the user experience, and better understand your activity.  

For more information regarding choices you have regarding our and third party Tracking Technologies, automatic data collection and Interest-based Advertising, see "Your Choices" in the next section below.

9.    Your Choices.

We offer you a variety of ways to exercise choice regarding your Personal Information and certain other of our data practices related to the Service:

(a)    App(s).

• Opt-out of information collection by uninstalling an App.  You can stop all collection of information by an App by uninstalling an App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.  However, if you interact with our Service other than via that uninstalled App (e.g., otherwise accessing our wi-fi services) your information will still be monitored and collected via the Service outside of an App you uninstalled.
• Use by an App of Location Information.  If the App will collect and use location information, you will need to consent to our collection of location information via the App – including collection while an App runs only in the background.  This setting can be changed by turning location services on or off in your settings menu.  We may require this location information in order for an App to function as designed and if you do not enable, or later disable, App location services, that App will not function as fully intended.  Also, such controls only affect App location services and your Device may still be tracked by us based on your proximity or connection to wi-fi networks and based on non-precise location techniques such as IP address and your registration information.
• Push notifications or Alerts.  During the initial installation of our App(s) on your Device, you may consent to receive "push notifications" or "alerts" from an App.  You can deactivate these messages at any time by changing the notification settings on your mobile device in such mobile device’s settings, or by changing the notification settings within the App.

(b)    Cookies and Tracking Technologies Generally.  Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings.  Browsers offer different functionalities and options so you may need to set them separately.  Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies.  Go to Adobe's website for information on disabling Flash cookies.  Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations at such times.  

App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be fully disabled by uninstalling an App.  To uninstall an app, follow the instructions from your operating system or device manufacturer.

Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, there is no consensus among industry participants as to what "Do Not Track" means in this context. Like many online services, we currently do not alter our practices based on "Do Not Track" signals from a visitor’s browser. To find out more about "Do Not Track," you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third party information.  

Some third parties may offer you choices regarding their Tracking Technologies. We are not responsible for the completeness or accuracy of third party choice notices or choice mechanisms.   For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.

(c)    Analytics and Advertising Tracking Technologies.

We may use Google Analytics, Adobe Analytics or other service providers for analytics services.  These analytics services may use cookies and other Tracking Technologies to help us analyze how users use the Service. You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.  You may exercise choices regarding the use of cookies from Adobe Analytics by going to http://www.adobe.com/privacy/opt-out.html under the section labeled "Tell our customers not to measure your use of their websites or tailor their online ads for you."   You may choose whether to receive some Interest-based Advertising by submitting opt-outs.  Some of the advertisers and service providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance’s ("DAA") Self-Regulatory Program for Online Behavioral Advertising.  To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps.  Some of these companies may also be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/.  Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads.  Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks).  Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use of a different device or web browsers or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.  We support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising. We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

(d)    Promotional Communications. You may opt out of receiving e-mail promotional communications from altafiber by following the instructions in those communications.  In addition, you may opt-out of telemarketing calls and direct mail advertising by emailing customercare@altafiber.com or by visiting altafiber's Customer Support.  Each opt-out is limited only to the method(s) you specify and the contact information you provide, and a subsequent subscription or opt-in will cancel the prior opt-out.  If you opt out, we may still send you non-promotional communications as permitted by applicable law, such as those about your account, your then-current services, or our ongoing business relations.

(e)    Account Information. If you wish to delete your account, contact us at privacy@altafiber.com.  Note that we may retain certain information as required by law or for legitimate business purposes as more fully set forth in the next subsection.  We may also retain cached or archived copies of information (including but not limited to location information) about you for a certain period of time.  For more on managing your information, see the next subsection.

(f)    Data Retention Policy, Managing Your Information.  We will retain data obtained by the Service for as long as you use the Service and for a reasonable time thereafter. If you’d like us to delete altafiber-Collected Personal Information that you have provided via the Service, please contact us at privacy@altafiber.com and we will respond in a reasonable time. The Service may also provide web pages or other mechanisms allowing you to delete, correct or update some of the Personal Information you have provided us.  We will make good faith efforts to make requested changes in our then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from our databases.  Further, we reserve the right to retain data (i) as required by applicable law; and (ii) for so long as reasonably necessary to fulfill the purposes for which the data is retained as permitted by applicable law (e.g., business records).  

10.    Children

We are a general audience service and do not use the Service to knowingly collect personal information from children under the age of thirteen (13) in a manner that requires parental notice and consent under the Children’s Online Privacy Protection Act ("COPPA") without such parental consent.  If you are a child under thirteen (13) years of age, you are not permitted to use the Service and should not send any information about yourself to us through the Service.  In the event that we become aware that we have collected personal information from any child, we will dispose of that information, or otherwise treat it, in accordance with COPPA and other applicable laws and regulations.  If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us at privacy@altafiber.com.  

11.    Security

We appreciate the importance of safeguarding your information. We provide physical, electronic, and procedural safeguards to protect Personal Information we process and maintain. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

12.    Contact us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at privacy@altafiber.com.