Google Fiber Community Connections Terms of Service
Last modified: 2016-08-30
Please read these terms carefully. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please follow the instructions in the Disputes section below if you wish to opt out of this provision.
Welcome to Google Fiber
Thanks for using Google Fiber’s products, equipment and services (“Services”). The Services are provided by Google Fiber Inc., located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States, or one of its subsidiaries (Google Fiber Inc. and its subsidiaries are referred to below as “Google Fiber”).
The Google Fiber Community Connections Terms of Service (“Terms”) means the terms specified below and the Google Inc. Terms of Service. Any references to “Google” and “Services” in the Google Inc. Terms of Service mean Google Fiber Inc. and the Google Fiber Services. In the event any terms in the Google Inc. Terms of Service conflict with any of the Google Fiber Community Connections Terms of Service, the Google Fiber Community Connections Terms of Service will control.
By agreeing to the Terms, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself and others in your business who may use the Services.
By signing up for or using the Services, you agree to these Terms.
Communicating Electronically with Google Fiber
We may be required to provide certain disclosures, notices and communications (collectively “Communications”) to you in written form. We will deliver such Communications to you in electronic form. Your agreement to these Terms confirms your ability and consent to receive such Communications electronically.
You consent to receive electronically all Communications that we may provide you in connection with your Google Fiber account and your use of the Services. Communications include:
- agreements and policies related to the Services, including updates to those agreements and policies;
- payment authorizations and transaction receipts or confirmations;
- account statements and history; and
- all other communications or documents related to or about your account, your purchases, changes to the Services or the rates and fees we charge in connection with the Services, and your use of the Services.
Communications will be considered to be received by you upon delivery in any of the following manners:
- posting them to your online account;
- posting them on or in the Google Fiber Website;
- emailing them to the email address associated with your account;
- communicating them to you via text message;
- communicating them to you via a mobile application; or
- otherwise communicating them to you via the Services.
To access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:
- a computer or mobile device with Internet or mobile connectivity;
- a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
- software capable of opening PDF documents;
- access to the valid email address you used to create your Google Fiber and Google Payments account registrations; and
- sufficient storage space to save Communications or a printer to print them.
By consenting to this Policy, you confirm that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications for your records. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable. Also, you may contact Google Fiber to request another electronic copy of a Communication. We reserve the right to terminate your use of the Services if you decline or withdraw consent to receive electronic Communications, except that you may decline to receive telephone calls and text messages without having your service terminated, as set out in the following section.
Consent to Receive Telephone Calls and Text Messages from Google Fiber and Its Affiliates
On occasion, Google Fiber or its affiliates may seek to contact you by telephone or SMS text message at the landline and/or wireless phone numbers that you have provided to us. These communications may be about your Google Fiber account, responses to inquiries that you have made to us, or for other purposes, including marketing messages about other goods or services provided by Google Fiber or its affiliates. These calls or SMS text messages may be sent using an automatic telephone dialing system and may include the use of prerecorded or artificial voices. Please note that you may be responsible for any charges from your telephone provider for these calls or SMS text messages.
If you do not wish to receive these optional calls and SMS text messages, you do not have to do so. Your consent to receiving these calls and SMS text messages is not required in order to purchase or receive any Google Fiber Services. To revoke your consent to receive telephone calls and SMS text messages, please let us know. The easiest way is by changing the settings in the "subscriptions" section of your account on the Google Fiber website, or by calling our customer service team at 1-855-418-8326.
Google Fiber Installation
You agree to provide Google Fiber with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your premises” below) so that the equipment necessary for you to receive the Services may be installed and configured. You agree that Google Fiber may install equipment on the exterior and interior of your premises (including but not limited to laying underground conduit and/or affixing equipment to the outside of your building or facility) at any reasonable location. You also agree that Google Fiber may use, and that you have the necessary permissions to approve Google Fiber’s use of, existing facilities, including existing wiring in and around your premises, to complete the installation services.
If you rent or otherwise do not own your premises, you may be asked to provide written evidence that you have received all permissions necessary for Google Fiber to perform installation services. If Google Fiber incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for Google Fiber to install the equipment required for the Services, you are responsible for reimbursing Google Fiber for those costs or losses.
Acceptance of these Terms does not guarantee that Google Fiber will install or provide any Services. We may need a separate agreement with you or your landlord in order to install the Services.
Construction And Installation Fees
Google Fiber is waiving a construction fee for the construction and installation of the Services, but this does not include, and you will be required to pay, any amounts due pursuant to any other agreement you enter into with Google Fiber, including the property access agreement. If you do not schedule installation within forty (40) days after receiving notice to schedule installation, we may cancel your order.
You are responsible for and agree to pay any taxes owed on the construction fee (if any). If Google Fiber is obligated to collect or pay taxes, the taxes will be invoiced to you, unless you provide Google Fiber with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any taxes from your payments to Google Fiber, you must provide Google Fiber with an official tax receipt or other appropriate documentation to support such withholding.
Google Fiber Equipment
Google Fiber may provide or rent various pieces of equipment to you in connection with the Services. If you lose or damage this equipment after installation, Google Fiber may charge you a fee for replacement equipment. Equipment fees are subject to change.
Unless explicitly stated otherwise on our website, Google Fiber owns all equipment provided by Google Fiber in connection with the Services. From time to time, Google Fiber may offer you equipment that you may purchase in connection with the Services under separate terms to be provided with such equipment.
You authorize Google Fiber to install software upgrades on any equipment provided by Google Fiber. You also agree not to use the Google Fiber equipment for any purpose other than using the Services.
Service Commitment and Price Guarantee
Google Fiber will not charge you a monthly fee for the Services for a period of at least twelve (12) months from the date Services are activated. In addition, Google Fiber will provide you with at least twelve (12) months notice of any increase in pricing for your Services.
When you subscribe to Google Fiber Community Connections program, you do not enter into a service commitment and are free to cancel at any time. See the the Billing and Payment and Changing and Canceling Services; Termination sections below.
Static and Dynamic IP Addresses
When you subscribe to the Google Fiber Community Connections program, you will receive a dynamic IP address or 1, 5, or 13 additional static IP addresses. If you choose one of the static IP address options, we will register the IP address(es) you provide at the time you sign up for Service in the public whois database published at http://whois.arin.net or the Google Whois service which publishes internet records. Services are not transferable to any location other than the premises.
Using Your Own Network Router
If you order Google Fiber under our Community Connections program we will provide you with a Network Box or you can use your own router. If you do use your own router, you are responsible for making sure that your router is used in accordance with the Terms, including our Acceptable Use Policy, which is incorporated into these Terms. Although we hope to make the Service compatible with as many network routers as possible, we cannot guarantee that your router will work with the Service. You must use your own router if you use multiple static IP addresses.
Using Google Fiber Services
You agree not to misuse the Services, which includes using the Services for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. Examples of misuses and prohibited activities are set forth in our Acceptable Use Policy. You are responsible for all activity on the Services, whether such activity is undertaken by you or someone else.
As described in the Acceptable Use Policy, you may not resell the Services directly or indirectly. You agree, for example, not to provide the Services in hotel rooms, dormitory rooms in residence halls, private hospital rooms, or shared or rented office spaces that are paid for by customers. You may, however, provide the Services in common areas on your premises, such as lobbies or waiting areas.
If you are using the Services in a premises or other location that you do not own or control (such as a multiple unit building, strip mall, office park, etc.), you may have agreements related to the Services with property owners, managers, or other third parties outside these Terms; Google Fiber is not a party to such agreements and therefore is not responsible for nor bound by such agreements.
In addition to the restrictions in Google Inc.’s Terms of Service regarding your right to use any branding or logos used in our Services, you may not use our branding or logos to market or advertise your business.
Resale and Redistribution
The Services are intended to be used by you, your employees, your customers and other users in the ordinary course of business. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your premises.
Google Fiber makes an effort to keep its network secure, but no network security is perfect. While Google Fiber may provide technical assistance to you, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. Google Fiber is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.
Billing and Payment
You agree to pay any and all applicable fees for the Services you purchase, whether ordered by you, someone authorized by you or someone with access to the Services pursuant to your Google Fiber account.
Google Fiber will send all bills and other required notices by email to the address associated with your account. You may also access this information through your online Google Fiber account. You agree to pay recurring monthly service fees in advance of the billing cycle in which you will receive the Services. Google Fiber will bill one-time charges in the billing cycle following your authorization of such charges.
You authorize Google Fiber to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. Google Fiber will email a bill to the email address associated with your account. The bill will indicate the date the amount you owe will be collected via your designated payment method (which may be the same date your bill is sent if permitted by applicable laws). If payment is not received due to insufficient funds or for any other reason, Google Fiber may, consistent with applicable laws, assess late payment fees and/or suspend or terminate the Services if payment is more than thirty (30) days past due. You agree that Google Fiber is not responsible for any third party charges you may incur in connection with your Google Payments account, credit card or other payment method.
You may need to utilize Google Payments for certain payment transactions related to the Services. Your use of Google Payments is subject to the Google Payments Terms of Service and Google Payments Privacy Notice, which you must accept before using Google Payments services.
Changing and Canceling Services; Termination
You may change or cancel the Services at any time, but you may be required to pay for certain construction or installation fees that may have been waived when you signed up for the Service. You may also be required to return some or all of the equipment. If you do not return this equipment, you may be required to pay a replacement fee.
The fees for Service upgrades will be prorated based upon the Service activation date. Any Services that you downgrade will be available until the end of the billing cycle in which the downgrade request is received; no prorated credits or refunds will be issued for Services removed as part of a downgrade.
If you request cancellation of all your Services, your Services will be available until the cancellation date you select. Once your service is disconnected, a credit for the remaining portion of the current billing cycle will be applied towards any remaining balance. Your Google Fiber account will not be terminated until all billing obligations are resolved. If there is a credit balance at the time your account is terminated, it will be refunded to the last used payment method in your Google Fiber account.
If your Services included free or paid for subscriptions to services other than those provided by Google Fiber (for example, Google Drive), Google Fiber will stop covering the costs of those services at the time your account is terminated or suspended. It will be up to you to work with the provider of those services to determine whether you wish to continue subscribing to those services and how you will pay for them.
Google Fiber reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion without notice.
Commitment to Online Safety
Google Fiber is committed to online safety for minors, and Google Fiber complies with all applicable laws related to protecting minors online. This includes reporting cases of child abuse or exploitation to the National Center for Missing and Exploited Children. You can access additional information about minors’ online safety by visiting www.ncmec.orgor Google Inc.’s Family Safety Center.
Our Warranties and Disclaimers
We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY GOOGLE FIBER OR AN AGENT THEREOF, NEITHER GOOGLE FIBER NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY GOOGLE FIBER, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND EQUIPMENT “AS IS.”
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES OR FOR USE IN CONNECTION WITH EMERGENCY OR MISSION CRITICAL SERVICES OR FUNCTIONS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED TO REPLACE SERVICES WITH MANDATORY UPTIME REQUIREMENTS.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE FIBER, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, GOOGLE FIBER, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
WHEN PERMITTED BY LAW, GOOGLE FIBER, AND GOOGLE FIBER’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices here.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Google Fiber and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
Arbitration. Google Fiber and you agree to arbitrate all disputes and claims that arise from or relate to these Terms or the Services, except for claims arising from bodily injury. This agreement to arbitrate is intended to be broadly interpreted, including, for example:
- claims arising under any legal theory;
- claims for mental or emotional distress or other emotional/mental injury arising from the relationship between us;
- claims that arose before you accepted these Terms (such as claims related to disclosures or the marketing of the Services);
- claims that may arise after the termination of your use of the Services or any agreement between us; and
- claims brought by or against our respective subsidiaries, parent companies (including Google Inc. whether or not it is a parent company at the time of the dispute), members, as well as the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities, you, and Google Fiber.
This arbitration agreement does not preclude either you or Google Fiber from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Google Fiber on your behalf.
You agree that, by entering into this agreement, we are each waiving the right to a trial in a court or to participate in a class or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Notice of disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Google Fiber should be sent to Google Fiber’s agent for service of process, Corporation Service Company (“CSC”), at the following address (“Google Fiber Notice Address”):
Google Fiber Inc. c/o Corporation Service Company
2710 Gateway Oaks Drive, Suite 150N
Sacramento, CA 95833
(If you instead would like to provide notice to Google Fiber through CSC outside of California, you may be able to find other addresses for CSC by searching for “Google Fiber” on the website of the Secretary of State for other states.) Google Fiber will send notice to you at the e-mail and mailing addresses associated with your account. Your notice to Google Fiber must (a) provide your name, mailing address, email address, and your Google Fiber account number; (b) describe the dispute; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration. Unless we agree otherwise, your demand for arbitration should be sent to Google Fiber at the Google Fiber Notice Address above (or through the alternative CSC address as indicated above).
Arbitration procedures. The arbitration will be governed by your choice between the Commercial Arbitration Rules or the Consumer Arbitration Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. Unless we agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence (or principal place of business if you are a community connections site). If the value of your claim is $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of your claim exceeds $10,000, the right to a hearing will 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. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider but is not bound by rulings in other arbitrations between Google Fiber and Google Fiber residential subscribers. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.
Costs of arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at www.adr.org). Google Fiber will pay all AAA filing, administrative, and arbitrator fees for any arbitration that Google commences. If you provided Google Fiber with 30 days’ notice of your intent to arbitrate before commencing arbitration and the value of your claim is $75,000 or less, Google Fiber will pay your share of any such AAA fees. If the value of your claim is between $75,000 and $300,000, your share of any such fees will be capped at $200 (unless the law of your state requires Google Fiber to pay all such fees). And if the value of your claim exceeds $300,000, the allocation of AAA fees will be governed by the AAA Rules (unless the law of your state requires Google Fiber to pay all such fees). If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be governed by the AAA Rules. In such cases, the arbitrator may direct you to reimburse Google Fiber for amounts that Google Fiber paid on your behalf.
No class arbitration. 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. YOU AND GOOGLE FIBER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties 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. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
30-Day Opt-Out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS IN THIS DISPUTES SECTION, YOU MUST NOTIFY GOOGLE FIBER BY COMPLETING THIS ONLINE OPT-OUT FORM WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW).
Future changes to arbitration provision. If Google Fiber makes any changes to this Disputes section of these Terms (other than a change to the address at which Google Fiber will receive notices of dispute), you may reject any such change by completing this online change rejection form. It is not necessary to reject a future change to this arbitration provision if you had properly opted out of this arbitration provision within the first 30 days after you accepted these Terms. By rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject.
Changes To These Terms
We may modify these Terms to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these terms on this page by indicating the date the Terms are last modified. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service, changes regarding the launch of a new Service, or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service and contact us to change or terminate your Services.