Terms of Service

1. Acceptance of Terms

By using the Services, you agree to these Terms, our Privacy Policy and DMCA Policy, and any additional terms provided to you. These Terms constitute a legally binding agreement between you and Bluebonnet Fiber.

If you receive a different version of these Terms at the time of signup (e.g., in a service agreement or contract), those terms will govern to the extent they conflict with these Terms.

2. Service Availability

Not all service classes or tiers are available in all locations. Service availability is subject to technical feasibility and network capacity. Bluebonnet Fiber reserves the right to modify, suspend, or discontinue any service offering at any time without prior notice.

3. Service Performance

Advertised speeds represent maximum link speeds and do not guarantee actual performance. Actual speeds may vary due to factors such as network management, forward error correction, device capabilities, and network congestion.

Bluebonnet Fiber provides the Services on a "best effort" basis. This means:

• No Guarantee of Uninterrupted Service: While we strive to provide reliable and continuous service, interruptions may occur due to maintenance, upgrades, network congestion, equipment failures, or other factors beyond our control. We do not guarantee that the Services will be uninterrupted or always available.
• No Guarantee of Error-Free Service: The Services may be subject to errors, delays, or other issues that affect performance. We make reasonable efforts to minimize such issues but do not guarantee that the Services will be free from errors.
• No Guarantee of Secure Service: While we implement security measures to protect our network and customers, we cannot guarantee that the Services will be secure or free from unauthorized access, hacking, or other security breaches. You are responsible for implementing your own security measures to protect your devices and data.

By using the Services, you acknowledge and accept these limitations.

4. Network Management Policies

Bluebonnet Fiber is committed to maintaining an open and fair internet experience for all customers. Our network management practices are designed to ensure equitable access and optimal performance for all users. Specifically:

• Equal Weighted Traffic: All data traffic is treated equally without prioritization based on content, application, or user.
• No Throttling or Blocking: We do not throttle, block, or otherwise interfere with lawful internet traffic, consistent with net neutrality principles.
• Reasonable Network Management: We may employ reasonable network management practices to address congestion, security, or other network integrity issues.

5. Mandatory Arbitration and Class Action Waiver

5.1 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration, except for claims filed in a Texas small claims court. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall take place in Bexar County, Texas, and the arbitrator's decision shall be final and binding.

5.2 Customer's Responsibility

The customer shall bear their own costs, including but not limited to arbitration fees, attorney fees, and expert witness fees, unless otherwise required by law.

5.3 Class Action Waiver

You agree to resolve disputes on an individual basis. You waive any right to participate in a class action, class arbitration, or representative proceeding.

6. Prohibited Activities

You agree not to use the Services for any unlawful or prohibited purpose, including but not limited to:

• Violating intellectual property rights.
• Transmitting harmful or malicious software.
• Engaging in fraudulent or abusive activities.
• Interfering with the operation of the network or other users' enjoyment of the Services.

Bluebonnet Fiber reserves the right to suspend or terminate Services for violations of this section.

7. Termination

Either party may terminate the Services at any time, subject to applicable fees and charges. Bluebonnet Fiber may terminate Services for violation of these Terms, non-payment, or other reasonable grounds.

8. Limitation of Liability

To the fullest extent permitted by law, Bluebonnet Fiber shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to the Services, including but not limited to loss of data, revenue, or profits.

Waiver of Indirect, Incidental, and Consequential Damages

In no event shall Bluebonnet Fiber be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to:

• Loss of profits, revenue, or data.
• Business interruption.
• Costs of substitute goods or services.
• Damages arising from third-party claims.

This waiver applies regardless of the theory of liability (e.g., contract, tort, negligence, strict liability, or otherwise) and even if Bluebonnet Fiber has been advised of the possibility of such damages.

This limitation of liability is intended to comply with the Uniform Commercial Code (UCC) and other applicable laws.

9. Changes to Terms

Bluebonnet Fiber reserves the right to modify these Terms at any time. We will provide notice of material changes via email, website notification, or other reasonable means. Continued use of the Services after such changes constitutes acceptance of the revised Terms.

10. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. Any legal action or proceeding shall be brought exclusively in the courts of Bastrop County, Texas.

11. Incorporation of Policies by Reference

The following policies are incorporated into these Terms by reference and form an integral part of this agreement:

• Privacy Policy: Describes how we collect, use, and protect your personal information.
• DMCA Policy: Outlines our procedures for addressing copyright infringement claims under the Digital Millennium Copyright Act (DMCA).

By using the Services, you agree to the terms of these policies.

12. Contact Information

For questions or concerns regarding these Terms or the Services, please contact us at:

Bluebonnet Fiber
1 (855) 956-2583
[email protected]

By using the Services, you acknowledge that you have read, understood, and agreed to these Terms of Service.