Our Policies

General Policy Statement

Last updated:
April 21, 2022

Underline (“Underline,” “we,” “our,” or “us”) provides ultra-fast fiber internet access and information network connectivity to residential and commercial subscribers. Subscribers may also be called Customers and may occasionally be referred to as “you” or “your”. This General Policy Statement is part of the Service Agreement between Customer and Underline, which also includes: a) the General Term and Conditions; and b) the Acceptable Use Policy.

By using any of Underline’s offered services and products or by accessing Underline’s website, Customer consents to honor and be bound by these principles and policies, including the manner in which we manage network services to residential and business customers.

Our Principles

  • We are committed to ensuring the vibrancy of our nation through building intelligent community infrastructure.
  • With an ethic of community partnership, we are committed to the principles of community development, resilient infrastructure solutions, reliable and affordable access to information and internet-powered services, and customer service.
  • We are committed to the principles of net neutrality in our role as the owner and operator of neutral, open access networks.
  • We believe that our network users are entitled to know what we do with their personal information.
  • We will never snoop on the websites you visit.
  • We will never harvest and sell identifiable data or even de-identified personal data.
  • We will only use data aggregations to direct and improve our own services and efforts, and will never serve non network-related ads.
  • We work to keep your information safe, consistent with leading industry certification standards and modern software and data security practices. We engage in network management practices that are designed to optimize the network and ensure our customers and partners have a secure experience.
  • In our allegiance to these principles, we require all service providers on our networks to sign a pledge —including commitments to net neutrality, transparency, and best practices in privacy and security.

FAQs

What information do we collect?

As an inherent part of managing a network, we may have access to the following types of information:

  • Contact Information such as name, email address, mailing address, phone number
  • Unique Identifiers such as user name and account number
  • Usage activity about how you interact with us, what content you viewed, and which areas of our site you visited
  • Information about your computer such as your IP address, browser type, referring/exit pages, and operating system.
  • Billing and Service address  
  • Account and billing information (Please note:  payment processing is handled by a third-party payment facilitator system such that this detailed information, other than balance amounts, is not stored on our system.)

Do we sell your personal information?

No. We will never snoop on the websites you visit, and we will never harvest and sell your identifiable or even de-identified personal data.

Do we share or sell aggregate information?

We will only use data aggregations to direct and improve our own services and efforts, and never to serve ads.

Do we support net neutrality?

Yes, we are committed to the principles of net neutrality in our role as the owner and operator of neutral, open access networks.

Do we require service providers on our network to be net neutral?

Yes. We require all service providers operating on our networks to sign a pledge—including commitments to net neutrality, transparency, privacy, and security.

Do we use cookies to track website visits and your preferences?

We use only require cookies to secure your account, save your preferences within our applications, and to identify broad usability issues.

In addition, please be aware that some components we use will require cookies, and we vet these components for adherence to privacy and security best practices. Generally, websites you visit may use cookies. You can control what cookies are accepted by your computer through the settings on your web browser, or by deleting them from your files. You can also control whether cross-site cookie functionality is enabled. As a security best practice, our applications will never require you to enable this functionality.

When Customer clicks on a link to a third-party website or service, such third party may also transmit cookies to Customer. This Privacy Policy does not cover the use of cookies or other such tracking technology used by any third parties, and Underline is not responsible for their privacy policies and practices.

OUR PRIVACY POLICIES:

Use Policy

Certain personal information is confidential. We will only use it to direct and improve our own services and efforts, in areas such as installation, operations, administration, support, network management, maintenance, customer care, communications, billing and collection, and for accounting and tax purposes. We may also use such information in dealing with fraud and unauthorized use of our services.

Under the same terms of use, we may provide your information to our contracted vendors, partners or affiliates to provide, support, or improve our services. These service providers only have access to the information necessary to perform these limited functions on our behalf, and are required to protect and secure your information.

For example, Underline may use a payment processing company to receive and process Customer’s ACH or credit card transactions for Underline, or Underline may contract with third parties to assist Underline in optimizing Underline’s network.

We may use aggregate information about our customers and their usage for a variety of purposes, including, but not limited to: research insights, improved content, and enhanced service offerings and experience.

Such aggregate information does not identify individual customers. We may share such aggregate information with third parties, but will not share your identifiable information with third parties without your permission.

Legal Requirements

We may be forced to disclose personally identifiable information without your consent if we are required to do so by a court order. If we are served with a court order requiring disclosure, and are permitted to do so, we will inform you before releasing any information. While we cannot guarantee it, you may then have an opportunity to contest the order.

We may also disclose personally identifiable information without your consent when requested by law enforcement under certain circumstances.

In addition, we reserve the right to disclose your information if we have a good faith belief that it is necessary to respond to fraud, abuse, or unauthorized reception, or to act in an emergency to protect your safety or that of another.

We may also share or transfer your information along with your account as a part of any sale or transfer of all or a portion of our business operations, merger, or combination with another organization. In such a case, you will be notified of any such transfer.  

Retention Policy

Information associated with your account will be kept while you are a Customer. Even when Customer modifies, amends, or deletes personal information, Underline may maintain a copy of the unrevised information in Underline’s records for internal security reasons and record-keeping.

Once a Customer no longer has an active account, we may retain and use such information as necessary to comply with business practices, by law and/or to resolve disputes, enforce agreement or for tax reporting purposes.

We will not delete certain information such as historic email, billing and/or Service addresses that we use for security and verification purposes.

Security Policy

The security of your personal information is important to us. When you provide us with sensitive information, the transmission of that information is encrypted using secure socket layer technology (SSL). We also follow widely-accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

Our routers contain state-of-the-art firewalls that protect your home or business network from outside intrusion. We regularly issue firmware upgrades to protect against the latest threats.

Individuals with questionable intent may use the internet or email to pose as someone you trust or do business with. You should always be sure who you are dealing with before clicking on an internet link or giving away personal information. You can learn more about staying safe online here.

Maintaining the security of your personal computer is an important part of protecting your own privacy, and helping us protect our network and services for customers.

It is Customer’s responsibility to prevent unauthorized access to Customer’s account and personal information by selecting and protecting Customer’s password and/or other sign-on mechanism appropriately and limiting access to Customer’s computer, tablet or device and browser by signing off after Customer has finished accessing Customer’s account.

Customer is solely responsible for any use of Underline Services via Customer’s username and password.

We recommend that you regularly change your login password, using hard-to-guess combinations of numbers, letters and special characters. You should also regularly update your antivirus software, firewall, wireless network security, and operating system to prevent unauthorized access by others and harm from various forms of viruses. You should regularly back up your computer to preserve your files, including email or other messages you want to keep.

Once communications enter the internet, those communications can be accessed by third parties over whom we have no control. Moreover, since we cannot control web sites or services operated by third parties, you should review their terms of service and privacy policies. If possible, only access websites that use a valid SSL certificate which validates the publisher’s identity.

Although we endeavor to ensure the integrity and security of our network and computer systems, we cannot guarantee that our security measures will prevent unauthorized access via means beyond our control.

Our facilities are certified with leading industry certification standards such as SOC2, ISO 27001, and PCI-DSS. We employ modern software and data security practices such as 2-factor authentication and data network isolation. In addition, our data centers, operations facilities, and software systems are fully redundant to provide you the most reliable service possible. Underline provides network connectivity between your premises and the service providers (e.g.  ISP, telehealth, entertainment) you select. While we work closely with those service providers, we are not responsible for the quality of service they provide beyond securely forwarding their content or internet traffic through our infrastructure, to and from the network device at your premises.

Congestion Management

We monitor the connections on our network in the aggregate on a regular basis to determine the rate of utilization. If congestion emerges on the network, we may take measures to relieve it. We check for abnormal traffic flows, network security breaches, malware, and damage to the network.

If Underline determines, in our sole and reasonable discretion, that the manner in which a subscriber is using the service negatively impacts other subscribers or any Underline Network, we reserve the right to apply additional congestion management techniques.  For example, we reserve the right to block or limit access to any applications, ports, or protocols that we determine, in our sole and reasonable discretion, may expose any Underline Network to potential legal liability, harm any Underline Network or otherwise interfere with or impair the experience of other subscribers on Underline Networks.

If a breach is detected, or high-volume users are brought to light by complaint, we may provide notification to the customer via email or phone. If a violation of our policies has occurred and such violation is not remedied, we may suspend or terminate that customer’s service.

Device Attachment Rules

Generally, you do not need approval to connect a third-party device to an Underline Network. Underline does not limit the types of devices that can be connected to any Underline Network, provided they are used for lawful purposes and do not harm an Underline Network, violate our Service Agreement, or harm other users of the Underline Network. However, if we determine, in our sole and reasonable discretion, that the connection of a particular type of device to any Underline Network negatively impacts other users or the Underline Network, or may expose us to potential legal liability, we reserve the right to limit or restrict subscribers’ ability to connect such type of device to Underline Networks.  

Network Neutrality

We believe that every customer should enjoy the legal content and services of their choice, without limitations.  

No specific content or service providers will receive preferential treatment on our networks based on affiliation, the identity of the user, the identity of the provider, the content of the information, or the type of service being provided.

We, therefore:

  • do not block or discriminate against lawful content;
  • do not throttle, impair, or degrade lawful internet traffic;
  • do not prioritize internet traffic and have no plans to enter into paid prioritization deals to create fast lanes;
  • will not restrict the services marketplace to any lawful providers.

Changes to Policies

If we make any material changes, we will notify you by placing a notice on our website and/or sending an email (sent to the email address specified in your account), or with a notice on your account prior to the change. We encourage you to periodically review this page for the latest information on our privacy policies.

Those updated notices will govern Customer’s use of the Service, and Customer is still responsible for reading and understanding all notices posted on Underline’s website.

If you object to any of the changes to these Privacy Policies, you may stop using the services and delete your account.

Customer’s continued use of the Service or website after notice of any changes have been provided will indicate Customer’s acceptance of such changes.

If you have any questions or concerns regarding Underline’s General Policy Statement, please contact Underline at support@underline.com

Acceptable Use Policy

Last updated:
February 25, 2021

Application

By using the network and services provided by Underline (the “Underline Access Services” or “service”), each Subscriber consents to be bound by these General Terms and Conditions.  

These General Terms and Conditions (sometimes called “Terms” or “Terms of Service”) are part the Service Agreement between Underline (sometimes called “we”, “us”, or “Underline”) and the Subscriber (“you”, your” or “Customer”).  The Service Agreement also includes the Acceptable Use Policy and the General Statement of Policy.  

Underline reserves the right, in its sole discretion, to modify these General Terms and Conditions at any time. For example, we may make modifications to provide clarification or when we add new services.  Such modifications will be effective when posted. Any use of the Underline Access Services after such modification shall constitute acceptance of such modification.

By your use and acceptance of the service, you are indicating that you have read, understood and/or agreed to be bound by the terms and conditions of this agreement.

Access Services

Underline provides ultra-fast fiber internet access and information network connectivity to customers, both individuals and businesses, in localities where we provide service.  

To access the Underline service, you must agree to installation of Underline Equipment at your location.

At Underline.com we offer tools to manage your account and your devices and to make payments and so on.

Underline may require that Customer use a username and password combination or other reasonable procedures to confirm Customer’s identity when requesting or otherwise accessing account information, making changes to the service or performing other functions related to the service. Customer may also choose to designate an authorized user of Customer’s account who will be permitted to access Customer’s account information and make certain changes to Customer’s account. Customer will be solely liable for any and all action or inaction by its authorized user.

Residential Customers shall not share passwords or accounts with others. Commercial Customers shall only provide passwords to authorized users.

Customer is responsible for maintaining the security of Customer’s computer and devices, data and protection of Customer’s User ID and password. Underline strongly recommends the use and appropriate updating of commercial anti-virus, anti-spyware, firewall software, and encryption of data, to the extent feasible.

Customer authorizes Underline to make inquiries and to receive information about Customer’s credit history from others and to utilize such information in Underline’s decision regarding provision of the service to the Customer.  

You may be required to pay a Deposit prior to the commencement of service.  The Deposit will be used as a credit against your initial bills.  

All pricing and fees are detailed on the Underline website.  

If we determine that your address is not a residential address, we reserve the right to change the service from a residential to a business service, which may mean extra cost for installation and for monthly service. Any installation or similar fees are non-refundable once we have completed your installation.

Installation

We will need access to your premises in order to complete the installation of Underline Equipment at your address.

You agree that we can install and affix equipment both inside and outside your premises at any reasonable location. You agree that our installers may need to drill holes in the premises to bring cables indoors. You agree and give permission that we may use any existing facilities in and around your premises, including existing wiring. Likewise, you attest that you have the authority to provide such permissions.

You are responsible for ensuring compliance with all regulations, applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions and other restrictions related to the installation of the Underline Equipment, for paying any fees or other charges and obtaining any permits or authorizations necessary for the installation of the Underline Equipment. Customer is solely responsible for any fines or similar charges for violation of any applicable legal requirements.

If you rent or otherwise don’t own the premises, you are solely responsible for securing the required permission for installation to take place on the premises as outlined above. You may be asked to provide written evidence that you have requested and been afforded all necessary permissions to complete the installation and you should be prepared to present said evidence before installation begins. Acceptance of these Terms doesn’t guarantee that we will install or provide services. We may need a separate agreement with your landlord in order to undertake the installation. If you don’t properly secure these permissions from the property owner and said owner decides to take legal action against us, you agree that you are responsible for all legal costs and you will indemnify us against any claims.  

You grant us a non-exclusive license twenty (20) feet in width along the length of our facilities for underground or aerial telecommunication lines in, on, along, through, across, and under the premises to connect our network to the demarcation point located inside or outside of the premises, together with the right for Underline, its successors, assigns, affiliates, contractors, operational service providers, distributors and agents (collectively “Agents”), to construct, install, operate, maintain, inspect, repair, renew, remove, and relocate at any time, optic cable, conduit connections, and facilities, to run fiber optic cable and install all other appurtenant equipment, including an Optical Network Terminal (“ONT”), and the right of ingress and egress over the premises and the adjacent lands for the purposes of this license, and the right to trim, cut, or remove any trees, brush, undergrowth or obstructions on the premises which obstruct or interfere with the use of this license, and for doing anything necessary or useful or convenient in connection with all the foregoing.

Underline and/or its Agents will install Underline’s Equipment on the premises.

In the event you have improperly identified the boundaries of the premises, the cost of relocating any of Underline’s Equipment due to your error in such identification will be your responsibility.

It is your responsibility to locate and mark any private utilities. Any damage caused to private utilities due to an error in such identification will be your responsibility.

Equipment

Underline’s Equipment will at all times remain the personal property of Underline or its Agents and may be removed by us upon the termination of this Agreement.

You agree not to use this Equipment for any purpose outside of accepting Underline access service. Likewise, you agree that we may push software updates to this Equipment as necessary, without express notice.

Customer agrees to not alter, modify or tamper with the Underline Equipment, or to permit, encourage or solicit any other person to do the same, unless such person has been authorized to do so by Underline.

Underline shall provide Customer with reasonable advance notice of any planned access to the Equipment, except when, in the reasonable opinion of Underline, an emergency or other exigent circumstance exists that would require Underline to immediately enter Customer’s property and premises.

Customer understands and agrees that: (i) Customer must provide electrical power and a continuous connection to the power grid to Underline Equipment at all times (including, without limitation, when Customer is not using the service), and (ii) Customer’s failure to provide such power and continuous connection may result in damage to the Underline Equipment for which damage Customer will be solely responsible.

Underline will repair, replace, or otherwise upgrade any Underline Equipment that, as determined by Underline in its sole discretion, needs to be installed, replaced or otherwise upgraded. Notwithstanding the foregoing, Customer will be solely liable for, and Underline shall have no obligation to repair, replace or otherwise upgrade, any Underline Equipment that has been damaged or otherwise requires repair, replacement or upgrade as a result of damage or disruption caused by misuse or neglect or otherwise caused by Customer.

Depending on the type of services that Customer may elect from Service Providers, Customer understands that those Service Providers may require the installation of additional specific equipment to make those services function.  Such equipment must be installed in a manner which does not damage or disrupt the service provided by Underline.  

Customer is responsible for procuring and installing patches, any and all anti-virus and firewall software/hardware and operating system patches, updates or supplements that may be necessary for (i) the protection and maximum functionality of Customer’s computer and related equipment and the Underline Equipment and (ii) the protection of Underline’s network and other customers. For purposes of clarification, Underline and its Agents hereby disclaim any and all responsibility and liability for any damages that may arise from Customer’s failure to procure or install the aforementioned security or other software and/or hardware and Customer agree that Underline and its Agents shall have no liability for Customer’s failure to do the same.

Monthly Access Fee

For Underline Access Service, you will be billed a flat “monthly access fee”.  The fee will be prorated for the portion of the month when service is first available and that fee may be added to the following month’s fee when Underline establishes a Deposit.  

If you wish to upgrade to a higher speed during the month, you can do so immediately. We will prorate the new price for the remainder of the month and begin charging you the new fee in full at the beginning of the next billing cycle.

If you wish to downgrade to a slower speed during the month, you may do so at the beginning of the following month.  We do not offer prorated refunds or credits when you downgrade your service during the month.  

Underline service is meant for use in a single-family dwelling or a single business location such as a store or office. Sharing a single connection among multiple units—including but not limited to apartments, boarding rooms, homes or business suites—is not permitted.

We do have provisions in place for multiple dwelling unit buildings: landlords, property managers, real estate developers, etc. should please contact us directly to discuss these options.

Payments

Payments are due on the billing date associated with your account.

The billing date cannot be changed and your account will be considered past due if we are unable to collect the full balance of your monthly charges on the billing date. We do not put billing on hold for any period of time to permit you to make payments at a later date. If you do not make full payment of your outstanding balance by your billing date, services may be suspended or stopped permanently.

For each monthly billing cycle with respect to which Customer does not pay on time (including without limitation if Customer’s monthly fees are not received by Underline on or before the first day of the monthly billing cycle), Customer agrees to pay the “Late Fees” defined on the website.

Underline shall not be obligated to provide the service during monthly billing cycles for which Customer has not paid the applicable monthly fees in advance. If at any time Customer’s account reflects past due amounts, Underline may, in Underline’s sole and absolute discretion, suspend provision of the service to Customer and/or terminate this Agreement. Amounts are past due if not paid before the first calendar day of Customer’s monthly billing cycle. Customer understands, acknowledges and agrees that Underline is not required to provide notice before suspending the service and/or terminating this Agreement, and Underline will not be liable to Customer or any authorized user for any such suspension or termination or any damages that may result therefrom. In order to restore service after a disconnection, Customer agrees to pay the applicable “Reactivation Charge” set forth on the website.  

Your bill will include charges assessed by the Service Providers that you select.  Underline will submit a unified bill that includes these charges as well as the access fees due to Underline. You are obligated to pay the unified bill on time, or your risk the suspension of all services.  Upon receipt of your payment, Underline or its agents, will allocate your payment amount among the service providers entitled to service fees.  

Declined Payments and Chargebacks

If we try to collect payment and cannot do so, we reserve the right to suspend or terminate access, suspend or terminate your account, cancel delivery of a device in transit or take any remedial steps we deem necessary.

In the case of a credit card chargeback, your account may be deactivated and you’ll owe us the outstanding balance plus any associated charge back fees which may have been levied by the banks or credit card providers. If you reactivate your account, you will be required to pay a fee for prior chargebacks and any outstanding balance on your account.

If you owe us a substantial amount of money or have had your account suspended multiple times, we may, without limiting any of our other rights, ask for payment up front, make other appropriate billing arrangements or stop providing you with service.

Taxes and Surcharges

Taxes and regulatory are not included in Underline basic rates. These charges are calculated and added to your bill and are clearly outlined on your bill. They are subject to change without notice and may vary by city, municipality, state, region and country.

Customer agrees to pay all applicable federal, state, and local taxes and regulatory fees.  We don’t create these taxes or regulatory fees and surcharges, but we collect them as we are required to do.  

As mentioned previously, we include in our unified billing approach, the fees that you owe to the Service Providers and apps you select.  These services may also be subject to additional taxes and regulatory fees that we will add to the bill.  

Monthly service charges, taxes and fees, once paid, are non-refundable.

Disputed Charges

If you spot an error in any charge on your account, please let us know so we can verify and then rectify in the form of a refund, a credit or some other form of compensation.

If we issue a credit, refund or some other form of compensation and you accept, we’ll consider the matter closed (that is to say, “fully and finally resolved”); any claim for arbitration or litigation will have been waived.  

Switching your content Service Provider  

Underline’s open access network Marketplace will display the names of participating service providers.  You may select service from among those companies and may switch services as you determine, in accordance with the posted guidelines.  

By making these services available, Underline is not responsible for the goods or services offered by those companies.  Each type of selected service will be governed by the terms of service and user policies established by the individual company that offers that particular service.  

Cancelling Services

You can cancel your service from Underline, upon 10 day’s advance written notice, prior to the desired termination date. Underline may take reasonable steps to verify your identity and authority before effecting such termination.  If you cancel Underline service, you will also be cancelling service you obtain from service providers and apps which you selected through the Underline Marketplace website.  

Upon cancellation, your service will be available until the end of the billing cycle you cancel within.Upon cancellation, you may be required to pay for certain construction or installation fees that were waived at the time you first signed up.

If you cancel service, you may be required to return certain equipment used to provide service to you. Details on how to return equipment will be sent to you via the email address we have on file. Failure to return equipment according to the terms and timelines contained in that email may result in a charge up to and including the full purchase price of the equipment. If that happens, we may then declare that the equipment has been abandoned by us and belongs to you.

Standards of Services; Disclaimer of Warranties

We provide the service using a commercially reasonable level of skill.

Neither Underline nor its Agents warrant: (i) to uninterrupted, timely or secure use of service; (ii) that the service will meet Customer’s requirements; (iii) that the service will be error-free or free of any viruses, worms, spam, pop-up advertising, spyware, adware or other harmful components, even if countermeasures have been deployed; or (iv) that any personal information, data or files Customer sends or receives via the service will be transmitted in uncorrupted form, within a reasonable time, or free from unauthorized access by others or that other users will be unable to gain access to Customer’s computer or device. Unauthorized access may include incidents of file sharing, print sharing or use of other means that enable internet users to gain access to Customer’s computer, device, or network or Underline Equipment, or to monitor Customer’s activity and conduct while using the service.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.  No advice or information, whether oral or written, obtained by Customer from Underline shall create any warranty not expressly made herein.

Dispute Resolution / Arbitration

If a dispute arises, you should strive to bring such claim within 6 months of the underlying event.  

Customer and Underline agree to arbitrate all disputes and claims between Customer and Underline. This agreement between Customer and Underline to arbitrate all disputes and claims between them is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between Customer and Underline, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, related claims that arose before this Agreement was officially executed (including, but not limited to, claims relating to advertising), claims that are currently the subject of purported class action litigation in which Customer is not a member of a certified class and claims that may arise after the termination of this Agreement. For the purposes of this Section, references to Customer include Customer’s subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized users and beneficiaries of the service.

A party who intends to assert a claim arising from a dispute must first send to the other, by certified mail, a written notice (“Arbitration Notice”). An Arbitration Notice to Underline must be sent to the contact information provided for Underline and also sent to the address set forth in this Service Agreement for notices. An Arbitration Notice to Customer must be addressed to Customer at Customer’s then-current billing address. The Arbitration Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.

If Customer and Underline do not reach an agreement to resolve the claim within 60 calendar days after the Arbitration Notice is received, Customer or Underline may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Underline or Customer shall not be disclosed to the arbitrator.

The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, and shall be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or written request to the Underline. The arbitrator shall be bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are reserved to the decision of a court of competent jurisdiction. Unless Customer and Underline agree otherwise, any arbitration hearings shall take place in city or county where service is provided. The right to a hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Customer and Underline agree that each may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both Customer and Underline agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Customer agrees that, by entering into this Agreement, Customer and Underline are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

Limitation of Liability

In the case of a dispute:  

The total liability of Underline and its Agents, for any claims under these Terms, including for any implied warranties, is limited to the amount that you paid us for service over the prior 6-month period, immediately preceding the claim.  

Underline and its Agents will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages that you may suffer.

Underline and its Agents will not be liable for any loss or damage that is not reasonably foreseeable or that is beyond our control or caused by majeure force events.  

Effect of Terms of Service

Our Service Agreement and associated documents will govern our relationship and supersede comments and communications that are inconsistent.  

If any part of these Terms of Service is declared invalid or unenforceable, the remainder is still considered valid and enforceable.

This Service Agreement and all matters arising out of or related to this Agreement shall be governed by the laws of the State where service is provided to you, without regard to conflicts of law provisions that could seek to apply the laws of another jurisdiction.  

Except as expressly provided herein, the rights and remedies of Underline are cumulative and not exclusive of any rights or remedies that Underline may otherwise have at law or in equity. Waiver by Underline of any violation by you shall not act as a waiver of any subsequent violation, nor shall it be deemed to be a waiver of the underlying obligation or term. No failure or delay by Underline in exercising any right or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

We may assign to another party all or part of these Terms of Service and any debts owed to us without notice.

Suspension or Termination of Service

We reserve the right to issue a warning or to suspend or terminate your service and your access to the Underline.com website, app or any other website accessible through our Marketplace website at any time if we determine that you have violated the Terms of Service or any of our rules or policies.

Trademarks and Other Intellectual Property

You agree that the Underline name, logo and other devices are trademarks of Underline Infrastructure Inc. and that you won’t misappropriate, dilute, besmirch or otherwise violate our intellectual property rights.You agree that you will not hack, reverse engineer, copy, modify, redistribute or resell any of our intellectual property. That includes but is not limited to the Underline website, mobile apps, billing systems, algorithms or any of the other product we have created.  Doing so would be a violation of these Terms of Service.

Indemnification

You are responsible for the proper use of our product and services and for compliance with our policies, including prohibitions against intellectual property infringement, harming other parties and violating the law.  We are not responsible for the consequence of your actions.  In the event any third party should asserts claims against us arising from your actions, you will indemnify and hold us harmless against such claims.  

Notices

Any notices under this Agreement shall be effective as follows:

If to Customer: notice shall be made by (i) email to Customer; (ii) by first-class mail to Customer at Customer’s billing address then on file with Underline; or (iii) when posted to the Announcements page of Underline’s website. If by email, such notice shall be deemed effective when transmitted by Underline. If by first-class mail, such notice shall be deemed effective upon the earlier of (a) three business days after dispatch or (b) at such time as actually received by Customer.

If to Underline: notice shall be made exclusively by email at support@underline.com.

Contacting Support

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General Terms and Conditions

Last updated:
February 25, 2021

Application and Consequences

By using the network and services provided by Underline (the “Underline Access Services”), each Subscriber consents to be bound by the terms of this Acceptable Use Policy (“AUP”).

This AUP is part of the Service Agreement between Underline and the Subscriber, along with the General Terms and Conditions and the General Statement of Policy.

Underline reserves the right, in its sole discretion, to modify this AUP at any time. Such modification will be effective when posted. Any use of the Underline Access Services after such modification shall constitute acceptance of such modification.

Violations of this Policy are grounds for suspension and termination of your Underline Access Services. In such an event, termination fees and other charges may apply.

Underline has the right to cooperate with law enforcement agencies and other third parties in the investigation of alleged wrongdoing, including disclosing the identity of the Subscribers deemed responsible for the wrongdoing.

Benefits of Network Use

Underline provides Subscribers with an “open access” fiber optic network.

On an open access network, Subscribers can select their preferred Internet Service Provider from a number of options, as well as other services and applications through the Underline website and marketplace.

The goal of the Underline network is to enable and encourage Subscribers to have access to information, online education, entertainment, purchasing and posting opportunities, enhanced job training and opportunities, access to telehealth services and other advanced conveniences available in a thriving community.

Subscribers should use the services in a responsible manner:

  • For personal and/or business use
  • As part of a community (and social network) of users seeking to benefit from secure, reliable, and productive data and communication services.

Proper Standards of Conduct

As a Subscriber, you are responsible for the information you access and the material you create and store. The Internet contains unedited materials that may be offensive or objectionable to you. You access these materials at your own risk. Underline has no control over and accepts no responsibility for these materials. Subscriber may wish to utilize software designed to limit access to certain material on the Internet.

While Underline strives to keep the network secure, no network security is perfect. You are ultimately responsible for the security of your data and for taking appropriate measures to protect it. Underline is not responsible for damages and loss caused by your inattention to these standards.  

Neither Underline nor any of its affiliates, suppliers, or agents have any obligation to monitor transmissions or postings made on the network. However, Underline and its affiliates, suppliers, and agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them in accordance with this Policy, any business service agreement, and applicable law.

When you access third party sites, search engines and app stores, you should adhere to the applicable rules, guidelines and agreements that govern their use, including the terms of service for the Service Providers that you select on the Underline Marketplace. For example, you should comply with the applicable bandwidth, data storage and other limitations of the services.  If excessive bandwidth utilization is determined to adversely affect service to other customers, action may be taken to alleviate the problem.

You are responsible for all activities on your device and with respect to your account, whether that activity originates with you or with someone else accessing your system.

Unacceptable Activities

Violations of Law: Do not use Underline Access Services to engage in illegal, fraudulent, threatening or abusive activities. Examples of this type of unacceptable behavior include acts of terrorism, defamation, harassment, advocating hate crimes, fraudulently charging credit cards, pirating software or content, or making fraudulent offers to sell or buy products, items, or services.

Furthermore:  

  • Do not violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or web site that you access or use;
  • Do not impersonate any person or entity, engage in address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity; Do not attempt to utilize another Subscriber's account name or persona without authorization from that Subscriber;
  • Do not make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, or “chain letters”; and
  • Do not use the Service to store, transmit or receive any material that infringes on any patent, trademark, trade secret, copyright, or other proprietary or intellectual right of any party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, or the unauthorized transmittal of copyrighted software.

Harmful Conduct:  Do not use Underline Access Services to interfere with or negatively impact other people’s use of the service or the network.  Examples of this type of unacceptable behavior include the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, keystroke capture programs and other programs normally used in malicious activity, any activity associated with “phishing”, or “pharming” (and all other variants of those activities) or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretenses.

Furthermore:  

  • Do not transmit unsolicited bulk or commercial messages commonly known as “spam”;
  • Do not undertake actions intended to deny service to others; and
  • Do not send large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service.

Threats to Network Security: Do not violate or attempt to violate the security of the Underline Access Services or other providers.  Do not gain access to a system, device or network to which you do not have explicit permission to use.

Furthermore:  

  • Do not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Do not attempt to interfere with, disrupt or disable service to any Subscriber, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing"; and
  • Do not falsify, alter, or remove message headers.

Violation of Service Standards:  Do not violate (or assist another person to violate) any aspect of this AUP.  

  • Do not take any action in order to obtain services to which such Subscriber is not entitled;
  • Do not obtain or attempt to obtain Services by any means or device with intent to avoid payment;
  • Do not undertake any action designed to circumvent or alter any method of measuring or billing for Underline Access Services and selected ISP services; and
  • Underline Access Services are for Subscribers’ own personal and/or business use. Do not resell, redistribute, or share the Services with any third parties without prior express permission under the applicable service agreement.  

This Policy is in addition to any other restrictions contained in any applicable Service Agreements, terms, and conditions.

In the event that you violate this AUP, Underline may restrict your access to Underline’s network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or suspend or terminate your Service. In the event of termination of your Service, all applicable termination charges will apply

Interpretation

The terms and provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Underline reserves the right at all times, with or without notice, to prohibit activities that damage our commercial reputation and goodwill, violate the accepted norms and ethics of the Internet community, or that affect the quality of our services or our ability to provide services.

Indemnification

As a Subscriber, you agree to indemnify and hold harmless Underline, and its suppliers and officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation, reasonable attorney’s fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party’s rights or an violation of law or regulation, or any breach of this AUP. This Section will not be construed to limit or exclude any other claims or remedies that Underline may assert under this AUP, the Service Agreement or by law.

Investigations

Underline reserves the right to investigate suspected violations of this AUP and the Service Agreement. When Underline becomes aware of possible violations, Underline may initiate investigation which may include gathering information from Subscriber or Subscribers involved and the complaining party, if any, and examination of Subscriber’s Material on Underline’s servers. Subscriber’s Material collectively includes, but is not limited to, any software, computer programs, applications, data, photographs, video and/or audio content, text, files, and other information, including emails, address book and web storage content.  During an investigation, Underline may suspend the account or accounts involved and/or remove Subscriber’s Material involved from its servers. If Underline believes a violation of this Service Agreement has occurred, it may take responsive action at its sole discretion. Such action may include, but is not limited to, temporary or permanent removal of Subscriber’s Material from Underline’s servers, warnings to Subscriber or Subscribers responsible, and the suspension or termination of the account or accounts responsible. Underline, at its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Service Agreement could also subject the Subscriber to criminal or civil liability.