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terms of use
This website is operated by Pear Networks LLC, doing business as Kingdom Fiber (“KF”). Throughout the site, the terms “KF”, “we”, “us”, and “our” refer to Pear Networks LLC. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
We strive to provide the best possible service to all our subscribers, but we will not tolerate any unlawful activity or abuse on our network. We respect freedom of speech and expression, unless it is harmful to others. These Terms of Use are imposed to protect you, other subscribers, and us from harm.
By visiting our site and/or using our services, you engage in our “Service” and agree to be bound by the following terms of use (“Terms of Use”, “Terms”), including those additional terms of use and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, subscribers, merchants, and/or contributors of content.
Please read these Terms of Use carefully before accessing or using our website or using any of our services. By accessing or using any part of the site or our services, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
ONLINE TERM
By agreeing to these Terms of Use, you represent that you are at least eighteen years of age, or that you are at least eighteen, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any malware such as worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms may result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (other than credit card information, which is always encrypted during transfer over networks), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SERVICES
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of services or service pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.
We do not warrant that the quality of any services or information purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel services purchased. These restrictions may include orders placed by or under the same subscriber account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made from us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
OPTIONAL TOOLS
We may provide access to third-party tools, over which we neither have any input or control nor monitor.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries), or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property, or these Terms of Use.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us, or third parties, as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You shall not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email spam, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email.
We are committed to a zero-tolerance, anti-spamming policy. Under this policy, we prohibit spam, (i.e. any unsolicited mass, segmented, or individualized commercial email) from being sent over (from or through) our network by our subscribers. We also prohibit the selling of products that can be used for spamming.
We react quickly and seriously to violations, and we further reserve the right to terminate KF internet access, without prior notice, of any member disregarding this policy.
If you have any complaints or comments regarding spam on our network, please direct them via email to support@kfiber.net.
You will keep your KF email account mailbox contents below 100 MB in total, unless previously arranged with our technical support team (subscribers may purchase additional space). If your email account contents exceed 100 MB, We reserve the right to move the email to another server and delete it after 30 days. The owner of the email account will be contacted, before we move the mail. If your mail has been moved please contact technical support by calling toll free at 888-K-FIBER-7 (888-534-2377) or by emailing support@kfiber.net for instructions to correct the situation before the emails are deleted.
We accept no responsibility for viruses that may be transmitted to you via email, ftp, http, or any other means of electronic transfer.
ACCOUNT OWNERSHIP
We are only responsible to present owners of the email addresses allocated to accounts on our servers. We verify ownership by asking for the account owner’s full name, address, email address, username, and password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or web site.
CONTENT
All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal or State law, or Town or City ordinances is prohibited. This includes, but is not limited to: copyrighted or trademarked material, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. You agree to indemnify and hold us harmless from any claims resulting from the use of the service that damages the subscriber or any other party.
We also prohibit sites that promote illegal activity or present content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links are: pirated software, hacker programs or archives, and “Warez” sites. Any deliberate attempt to cause damage to our networks or any other internet servers will result in immediate account deactivation without prior notice. No refund is given in this case. We will be the sole arbiter as to what constitutes a violation of this provision.
Sub-hosting and chat
Sub-hosting (personal web-space for someone other than the account owner) is not allowed on our servers without prior approval. Web hosting services for commercial purposes may be obtained from any reputable web hosting service.
You may not host chat rooms. You can however link your site to a chat provider.
TRAFFIC
You are discouraged from storing any files that cause excessive traffic on our servers such as sites that offer shareware, sound, video, image, or multimedia archives, are mirror sites, or any site whose primary purpose is file distribution. Please contact our technical support team for more information.
We allow reasonable use of peer-to-peer traffic, but, in fairness to other subscribers on the network, prioritize it below most other uses when network activity is busy.
PERSONAL INFORMATION PRIVACY
We are committed to respecting the privacy of our subscribers. The personal information you provide to us in order to set up your service and email account(s) is used by us solely to provide you with access to the service and to facilitate accurate account billing. We do not sell our subscriber lists or any subscriber’s personal information to others, for any reason. Additionally, we do not monitor our subscribers’ email content or track their movements on the Internet.
We will do everything possible to protect your privacy and will not subject you to outside marketing. Information about service subscribers will be released only to the subscriber, to the appropriate KF employees, or to duly authorized officers of state and federal courts, or investigating authorities who present proper legal documents.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website including, without limitation, pricing information except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others including copyrighted or trademarked material and material protected by trade secret and other statute without proper authorization; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any threatening, obscene, or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We also prohibit sites that promote illegal activity or present content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links are: pirated software, hacker program, or archives, and “Warez” sites. Any deliberate attempt to cause damage to our network or any other internet servers will result in immediate account deactivation without prior notice. No refund is given in this case. We will be the sole arbiter as to what constitutes a violation of this provision.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that, from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pear Networks LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pear Networks LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
severability
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
REFUND AND PAYMENT POLICY
You may cancel service without penalty within (30) days of installation for quality of service issues, which cannot be cured. If we are unable to continue to provide broadband service for any reason, a full refund will be given for any remaining portion of prepaid service fees or leased equipment fees returned in good condition, pro-rated daily. Installation fees are non-refundable. Defective hardware, if purchased, will be repaired or replaced within 15 days of purchase date.
If you cancel service after installation and prior to completion of the first year, you agree to pay the remainder of fees applicable to the year. If you accepted an installation discount for a multi-year term, you additionally agree to pay the received installation discount amount, pro-rated on a yearly basis, plus a fixed fee. https://kingdomfiber.net/installation
Once you complete the initially agreed period of service, you may cancel, effective the last day of the month after you notify us in writing.
Your first partial month, if any, is pro-rated on a daily basis. After that, all of your billing is based on whole calendar months. You will receive billing statements 10 days prior to the due date. Monthly payments are due by the 1st of the month (in advance of service). We assess a reminder fee to any account that is past due on the 21st of the service month. We deactivate accounts that are still past due on the 21st of the next month and assess deactivation fee.
For answers to your questions about our refund or payment policies, contact us at support@kfiber.net.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Vermont, United States.
CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time at this page.
Any new features or tools which are added to the current website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Subscribers will be notified via email of any changes that may affect the terms of their subscription.
CONTACT INFORMATION
Questions about the Terms of Use should be sent to us at support@kfiber.net.