V7 — ISP Network

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 V7 ISP Network 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;
• questionnaires and marketing materials relating to V7 ISP Network products and services or those of our affiliates;
• 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 V7 ISP Network 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 V7 ISP Network and Ventra7 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 V7 ISP Network 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.

Because of our unique relationships and positions as creatives and real estate pros, we’re great at matchmaking, connecting producers and scouts directly with property owners throughout Southern California to help them find the perfect space for their concept.

On occasion, V7 ISP Network 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 V7 ISP Network account, responses to inquiries that you have made to us, or for other purposes, including marketing messages about other goods or services provided by V7 ISP Network 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 V7 ISP Network 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 your Fiber account, or by calling our customer service team at 866-849-2647.

You agree to provide V7 ISP Network 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 V7 ISP Network 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 V7 ISP Network may use, and that you have the necessary permissions to approve V7 ISP Network’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 represent and warrant that you are authorized by the property owner to order V7 ISP Network installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for V7 ISP Network to perform installation services. If V7 ISP Network incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for V7 ISP Network to install the equipment required for the Services, you are responsible for reimbursing V7 ISP Network for those costs or losses.

Acceptance of these Terms does not guarantee that V7 ISP Network will install or provide any Services. We may need a separate agreement with you or your landlord in order to install the Services.

Sometimes we may need to charge a fee in connection with the construction or installation of your network connection (“construction fee” or “installation fee”). We will only charge you if we notify you of a construction or installation fee during the online sign-up process. V7 ISP Network may allow some users to pay construction or installation fees in installments. If you cancel or make certain changes to your Service plans, or your Services are otherwise terminated due to failure to comply with these Terms, before you have paid the entire construction or installation fee, you agree to pay the outstanding construction or installation fee balance as of the date of such change, cancellation or termination. Construction and installation fees are subject to change.

When you subscribe to V7 ISP Network for Small Business, you do not enter into a service commitment and are free to cancel at any time. However, you agree to pay recurring monthly service fees in advance of the billing cycle in which you will receive the Services, so any request for cancellation will take effect at the end of the billing cycle. See the Billing and
Payment and Changing and Canceling Services; Termination sections below.

The pricing you receive when you subscribe to V7 ISP Network for Small Business will remain valid for at least twelve (12) months from the date your Services are installed. In addition, V7 ISP Network will provide you with at least twelve (12) months notice of any increase in pricing for your Services.

When you subscribe to V7 ISP Network for Small Business, you will receive a dynamic IP address. For an additional monthly fee, you can purchase 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) with the legal business name and address you provide at the time you sign up for Service in the public whois
database published at http://whois.arin.net or the Ventra7 rWhois service which publishes internet records.

Not sure if having a static IP address is right for your business? Please visit our Static vs. dynamic IP address help page for more information.

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 for Small Business Subscribers, which is incorporated into these Terms. 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; V7 ISP Network is not a party to such agreements and therefore is not responsible for nor bound by such agreements.

In addition to the restrictions in Ventra7, LLC’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.

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.

V7 ISP Network takes your privacy seriously. You understand and agree that information provided to and collected by V7 ISP Network in connection with the Services is subject to the V7 Privacy Policy and the V7 ISP Privacy Notice. You can learn more about V7 ISP Network’s collection and use of Fiber data here.

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 V7 ISP Network account.

V7 ISP Network 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 V7 ISP Network account. You agree to pay recurring monthly service fees in advance of the billing cycle in which you will receive the Services. V7 ISP Network will bill one-time charges in the billing cycle following your authorization of such charges.

You authorize V7 ISP Network to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. V7 ISP Network 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, V7 ISP Network 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 V7 ISP Network is not responsible for any third party charges you may incur in connection with your Ventra7 Payments account, credit card or other payment method.

You may need to utilize Ventra7 Payments for certain payment transactions related to the Services. Your use of Ventra7 Payments is subject to the V7 Payments Terms of Service and V7 Payments Privacy Notice, which you must accept before using Ventra7 Payments services.

V7 ISP Network is committed to online safety for minors, and V7 ISP Network 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.org or Ventra7, LLC’s Family Safety Center.

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 V7 ISP Network OR AN AGENT THEREOF, NEITHER V7 ISP Network NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY V7 ISP Network, 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.”

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.

Liability for our Services
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF V7 ISP Network, 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, V7 ISP Network, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. WHEN PERMITTED BY LAW, V7 ISP Network, AND V7 ISP Network’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify V7 ISP Network 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. V7 ISP Network 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 Ventra7, LLC 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 V7 ISP Network.

This arbitration agreement does not preclude either you or V7 ISP Network 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 V7 ISP Network 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 V7 ISP Network should be sent to V7 ISP Network’s agent for service of process, Corporation Service Company (“CSC”), at the following address (“V7 ISP Network Notice Address”):

V7 ISP Network Inc. c/o Thompson Lossada 1055 W 7th St, Suite 3300, Los Angeles, CA 90017 (If you instead would like to provide notice to V7 ISP Network through TL outside of California,
you may be able to find other addresses for TL by searching for “V7 ISP Network” on the website of the Secretary of State for other states.) V7 ISP Network will send notice to you at the e-mail and mailing addresses associated with your account. Your notice to V7 ISP Network must (a) provide your name, mailing address, email address, and your V7 ISP Network 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 V7 ISP Network at the V7 ISP Network Notice Address above (or through the alternative TL 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 small business). 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 V7 ISP Network and V7 ISP Network 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). V7 ISP Network will pay all AAA filing, administrative, and arbitrator fees for any arbitration that Ventra7 commences. If you provided V7 ISP Network with 30 days’ notice of your intent to arbitrate before commencing arbitration and the value of your claim is $75,000 or less, V7 ISP Network 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 V7 ISP Network 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 V7 ISP Network 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 V7 ISP Network for amounts that V7 ISP Network 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 V7 ISP Network 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.

Future changes to arbitration provision. If V7 ISP Network makes any changes to this Disputes section of these Terms (other than a change to the address at which V7 ISP Network 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.

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.