1.   INTRODUCTION —

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This Residential Customer Service Agreement (“Agreement”) sets forth the terms and conditions under which Central Florida Broadband, LLC “CFB” agrees to provide Services (as defined below) to you, and under which you, the Customer, agree to accept the Service. In this Agreement, “you” and “your” mean the “Customer” who subscribes to, uses, has access to or receives one or more Services or Central Florida Broadband Equipment (as defined below). “Central Florida Broadband,” ”CFB,” “we,” “our,” and “us” means the Central Florida Broadband entity that is providing you with Service. Central Florida Broadband Services include but are not limited to residential or business high speed Internet service, including Central Florida Broadband Wi-Fi (“CFB WiFi”), which may include your ability to access over-the-top video content via the Internet, “CFB” and Central Florida Broadband is collectively referred to in this Agreement as the “Service” or “Services”).  Subject to Section 17(f), this Agreement shall remain in effect at all times you are subscribed to and/or receive the Service(s), to include following any changes you or Central Florida Broadband make to the Service(s) you receive or to the CFB Equipment, Customer Equipment or other equipment (as defined in Sections 6 and 7 below) you use.

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a.        Our Agreement: You will be bound by the terms and conditions in this Agreement applicable to the Services provided, and the CFB Internet Acceptable Use Policy (“AUP”).  These Notices and the AUP are posted on the CFB Website at www.centralfloridabroadband.com or at another URL CFB may designate from time to time (“CFB Website”). Your use of the Services is also subject to any license agreements relating to any software used in connection with the Services. This Agreement incorporates by reference the terms and conditions of all other service agreements, tariffs and other documents applicable to the CFB Services including without limitation: and (iv) if you subscribe to CFB Internet, the Acceptable Use Policy.  Each Service is provided subject to federal, state and local laws, statutes, regulations, and ordinances applicable to such Service (“Applicable Law”).

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b.        Minimum Term Service Agreements: If you have entered into an Agreement with CFB for a minimum term for services (for example, a 12, 18 or 24 month Agreement) (“Minimum Term Agreement”) the terms and conditions of this Agreement are incorporated by reference into the Minimum Term Agreement. To the extent any term or condition of your Minimum Term Agreement expressly conflicts with any term or condition of this Agreement, your Minimum Term Agreement will govern.

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c.        Entire Agreement: This Agreement and all of the documents specifically incorporated herein constitute the entire Agreement between you and CFB for the Services. No prior agreement and no written or oral statement, advertisement, or Service description will contradict, explain or supplement it.

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d.        Acceptance of Agreement: Your Agreement with CFB starts when you accept and continues until your subscription to the Services is terminated, except as otherwise stated herein. Certain provisions of this Agreement will survive termination. You accept this Agreement when you first do any of the following (“Acceptance”) upon or after the Effective Date of this Agreement: (i) sign this Agreement by written or electronic signature, (ii) inform us electronically or orally of your acceptance of this Agreement, (iii) activate any Service provided under this Agreement through a method provided by CFB, or (iv) use or pay for, in whole or in part, your Service.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO ITS TERMS AND CONDITIONS AND THE RATES AND CHARGES AS LISTED ON THE CFB WEBSITE,  ON YOUR TRANSACTION SUMMARY OR, IF APPLICABLE, THE APPLICABLE TARIFFS ON FILE AT STATE AND FEDERAL REGULATORY AGENCIES AND/OR SERVICE GUIDES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, DO NOT USE THE SERVICES AND IMMEDIATELY TERMINATE YOUR SUBSCRIPTION TO THE SERVICES AND THIS AGREEMENT BY CALLING CFB AT THE CUSTOMER SERVICE NUMBER ON YOUR INVOICE OR ON CENTRALFLORIDABROADBAND.COM AND RETURN ALL CFB EQUIPMENT, SOFTWARE, AND ASSOCIATED MATERIALS TO CFB.

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e.        Changes to the Agreement or Service: CFB reserves the right to modify any of the terms and conditions of this Agreement including any aspect of the Services in its sole discretion at any time with or without notice. Such changes may include for example, changes to rates, the rate plan structure, or payment policies for the Services, rearrangement, changes to the features and content of the Services, configuration and capacity of Services, changes in the features, functionality and technical requirements for CFB Equipment and Customer Equipment, use of vendors to provide Services, limitations of liability, procedures for disputes and policies for termination. In order to receive the Services, you may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.

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f.        Notice of Material Changes: CFB will provide you with written notice of any changes that we determine are material to your Services or this Agreement consistent with Applicable Law. You agree that we may provide you with such written notice (i) by sending it via U.S. Mail or commercial overnight mail to your last known billing address in CFB’s account records, (ii) by including the notice on or with your CFB invoice, (iii) by sending notice to your email address on CFB’s account records, (iv) by hand delivery, or (v) by other lawful means, and you agree that any of the foregoing will constitute sufficient notice and you waive any claims that these forms of notice are insufficient or ineffective. All such changes will become effective as of the date specified on the written notice and will be posted on the CFB Website and you agree to regularly check your postal mail, e-mail and all postings on the Website or another website about which you have been notified or you bear the risk of failing to do so. The updated version of this Agreement on the CFB Website will supersede any prior version of this Agreement. You agree that your sole recourse if you do not accept any such material change to your Services or this Agreement is to terminate this Agreement within thirty (30) days of our notice to you. If you receive services under a Price Lock Guarantee or other Minimum Term Agreement that requires you to pay an early termination fee and you terminate Services subject to that Minimum Term Agreement as provided in this Agreement upon express written notice from us of a material change in this agreement, you will not be charged an early termination fee under that Minimum Term agreement. Your continued use of the Services after such thirty (30) day period will constitute your Acceptance of this Agreement as modified.

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g.        Copy of Agreement or Rates: A copy of this Agreement and the rates for the Services may be obtained by visiting the CFB Website. 

 

h.        Your Subscription: You represent to CFB that you are at least 18 years old. Your Acceptance of this Agreement entitles you to use the Services. Your use of the Services is personal to you. If you permit other persons to use the Services, you agree that you are solely responsible and liable for any and all breaches of this Agreement, whether such breach results from your use or use by another person using the Services provided to you, CFB Equipment, or Licensed Software. You are responsible for contacting the CFB customer service number listed on your monthly CFB invoice immediately upon the occurrence of any change in the status of your account, such as, without limitation, a change in individuals authorized to use your account (“Authorized Users”), any changes to your contact information such as name, email address, wireline or wireless phone number, or if you move or any of your Services become subject to a bulk agreement.  You agree to keep your contact information, including email address or contact telephone number, up to date and current.

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i.        Consent to Contact You: In order to contact you more efficiently, CFB and our affiliates may at times contact you using autodialer technology, prerecorded or artificial voice message calls, or text messages at the telephone number(s) you have provided us.  By providing a mobile phone number, you confirm that you are the current owner/subscriber of the mobile phone number provided or that the current owner/subscriber of this mobile phone number authorized you to provide this number (collectively, “Current Owner”) to CFB. You understand that by providing this mobile phone number, the Current Owner consents to being contacted by CFB and our affiliates at the mobile number provided. You agree to notify us immediately if there is any change in the information that you have provided to us, including without limitation any change in your telephone number or mobile telephone number. Failure to do so is a breach of this Agreement. You agree that we and our service providers or agents may place such calls, pre-recorded messages, or texts to communicate with you about your account, service(s) and equipment, and service agreements, including (but not limited to): (i) providing notices related thereto, (ii) resolving technical or billing issues, (iii) informing of installation or other service appointments, (iv) data usage, (v) investigating or preventing fraud, and/or (vi) collecting a debt or outstanding balance (“Informational Communications”). Also, we may share your phone number(s) with such service providers or agents whom we hire to assist us in carrying out these Informational Communications, but we will not share your phone number(s) with any third parties for their own purposes without your consent. Applicable standard telephone minute, data and/or text charges may apply. We and our service providers or agents, however, will not use autodialer technology, or texts to contact you for marketing purposes at the wireless telephone number(s) you designate nor send you prerecorded or artificial voice message marketing calls at the wireless or landline telephone number(s) you designate unless we receive your prior express written consent as required under federal law. Prior express written consent is not required in order to obtain or use CFB’s products and services or to receive Informational Communications from CFB.  You agree that you shall indemnify, defend and hold us harmless from any claim or liability resulting from your failure to notify us of a change in the information you have provided, including any claim or liability under the Telephone Consumer Protection Act (47 U.S.C. Sec. 227), and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.
 

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2. CHARGES, BILLING AND PAYMENTS —

a.        Charges, Taxes and Fees:

Charges and Rates: You agree to pay by the due date on your CFB invoice all charges associated with the Services and CFB Equipment and that you or anyone using your account or services incurs including without limitation all recurring and non-recurring fees. Non-recurring charges may include but are not limited to (i) installation, and reactivation fees, (ii) certain equipment fees. Rates and charges may vary depending upon the Services rendered and CFB may change the rates for the Services and CFB Equipment from time to time. If you received Service(s) under a promotion, after the promotional period ends, the then-current regular retail rate for the Service(s) will apply. The retail rates for CFB Services and CFB Equipment may be found on the CFB Website, or by calling Customer service. All fees do not apply to all Services.

b.     Third-Party Charges That Are Your Responsibility: You acknowledge that you may incur charges with third-party providers such as for accessing on-line services, purchasing or subscribing to other offerings via the Internet, that are separate and apart from amounts charged by us. You are solely responsible for all such charges payable to third parties, including all applicable taxes, fees or surcharges. In addition, you are solely responsible for protecting the security of credit card, debit card, other financial information, or other personal information provided to others in connection with such transactions. 
 

c.      Unreturned Equipment Charges: If you upgrade, downgrade, disconnect or swap-out CFB Equipment related to any CFB Service and do not promptly return the CFB Equipment or if it is returned damaged (“Unreturned Equipment”), the damages CFB will incur will be difficult to ascertain. Therefore, CFB may charge your account for each Unreturned Equipment piece, a one-time Unreturned Equipment Charge as liquidated damages in an amount equal to CFB’s reasonable estimates of the replacement costs and incidental costs that CFB incurs; provided, however, that such amount will not exceed the maximum amount permitted by law or the replacement cost of the CFB Equipment. If you return your CFB Equipment to CFB by mail, you will be responsible for (i) any damage to the CFB Equipment as assessed by CFB upon receipt, (ii) the replacement cost of such CFB Equipment if it is lost or damaged during transit, and (iii) shipping/handling costs, unless CFB provides written notice in advance that it will pay such costs.

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d.     Unauthorized and Disputed Charges: If you do not agree with a charge on your bill or you believe it is an unauthorized charge you must (i) pay undisputed amounts by the due date listed on your bill and (ii) notify CFB no later than thirty (30) days after the date of the bill (or such later date as required by law) of the disputed or unauthorized charges by calling or writing to us at the number and address specified on your bill and submit any documentation or other information to substantiate your claim of unauthorized charges. You waive any disputes or credits that you do not report within this 30 day period.  CFB will investigate any disputed charges and will use reasonable efforts to advise you of the results of our investigation within thirty (30) days after CFB’s receipt of your notice of dispute. CFB may, in its sole discretion, waive such charges. You will be responsible for charges or other obligations or liabilities associated with any improper, illegal or unauthorized use of the Services, Licensed Software and CFB Equipment as described in Section 13 below.

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e.      Authorized Payment Methods: All payments must be made in U.S. currency only and via CFB -authorized payment channels. CFB -authorized payment methods include: (i) mailing payment to the bill payment address listed on your monthly bill; (ii) automated electronic drafts from your checking account; (iii) delivering cash, a check or money order payable to CFB, or paying by credit or debit card; (iv) providing a credit or debit card payment to a CFB customer service representative or CFB authorized automated payment system over the telephone; or (v) paying by credit or debit card through the CFB website. You agree not to make any notations or restrictions on your checks or on other forms for payment such as “paid in full” and you agree that any such restriction has no legal effect. If you use a credit or debit card to pay for any charges, taxes, fees or Surcharges, you acknowledge that use of the card is governed by the card issuer agreement, and you must refer to that agreement for your rights and liabilities as a cardholder. If CFB does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand.  When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.

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f.      Billing and Late Payments: Unless you are subject to a Minimum Term Agreement, Service(s) are provided to you on a month-to-month basis.  Recurring charges and taxes are due in advance once Service is initiated. Charges accrue through a full billing period. CFB may prorate or adjust a bill if the billing period covers less than or more than a full month (for this purpose, each month is considered to have 30 days). We will determine the billing period and may change the billing period from time to time. CFB will determine and may change the billing format from time to time. You may be billed for some Service(s) individually after they have been provided to you.  If you fail to make full payment by the payment due date set forth on your bill statement, CFB reserves all rights it may have, subject to Applicable Law, to terminate Service or place the Service(s) in Soft Disconnection, remove CFB Equipment, collect the full amount due, including, without limitation, any applicable interest, costs of collection (including attorneys’ fees and third party agent collection fees), late fees (subject to state law and regulations), door collection fees, bank fees and any other applicable fees, charges or payments. Any balance amount that remains delinquent may be referred to a third party for collections. Once the debt is referred to a third party for collection, you may be subject to and agree to reimburse CFB for additional fees, including reasonable attorneys’ fees, and fees related to costs and expenses, which may be based on a percentage of up to 25% of the balance owed (subject to state law and regulations).  For past due balances, a fee of $25.00 which will be assessed on any balances 3 days for more in the rears, or up to the maximum amount allowed by law or regulation, will be charged to your CFB account, regardless of how you make your payment. You may be required to pay a reactivation or reinstallation fee and/or a deposit in addition to all past dues charges before Service may be reconnected or restored.

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g.      Returned Payment: If your payment by check is returned, your payment via credit card is denied, or your electronic funds transfer is denied due to insufficient funds, or a closed account, you authorize CFB to make a one-time electronic fund transfer from your account to collect the amount of the payment plus any applicable returned payment fees of up to $25.00 or up to the maximum amount allowed by law or regulation. When payment is made by credit or bank card, the payment may also be subject to the terms and conditions required by the bank or credit card issuer.

h.      Soft Disconnection: If your account has been delinquent by 5 days or more in the rears or if CFB has a reason to believe you have otherwise violated this Agreement, subject to Applicable Law, you may be prevented from using certain of your Services. This restriction will be lifted once you have made acceptable payments to us or otherwise meet CFB’s minimum financial requirements, or you have communicated with CFB Customer Care and resolved any concerns about your account, Services or compliance with the terms of this Agreement.

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i.       Stored Payment Methods: If you provide CFB with any account information, such as your bank account and routing numbers or your credit or debit card details, we may store that information and use it to administer your account, confirm charges, detect and prevent fraud, verify your identity, process payments to your account that you request in the future by telephone, mobile app, internet, or otherwise, and comply with applicable data security protocols, including but not limited to the Payment Card Industry Data Security Standard.  Additionally, CFB may, without prior notice to you, use your stored account information to initiate credit or debit entries to your account as necessary to correct any mistakes or amendments in billing, payments, or collection.

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3.  DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER —

IF YOU FOLLOW THE PROCEDURES SET FORTH IN SECTION 3(b) BELOW, YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL WAIVER) WITHIN 30 DAYS OF THE EFFECTIVE DATEOF THIS AGREEMENT; PROVIDED HOWEVER IF YOU BECOME A NEW CFB CUSTOMER AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL WAIVER) WITHIN 30 DAYS OF YOUR ACCEPTANCE OF THIS AGREEMENT AS DEFINED IN SECTION 1(d) ABOVE (THE “OPT-OUT PERIOD”). OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH CFB THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.

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a.        YOU AND CFB AGREE TO ARBITRATE — RATHER THAN LITIGATE IN COURT — any and all claims, disputes, or controversies between you and CFB, including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of CFB, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort) or other legal or equitable theory (“Dispute”) that arise out of or in any way relate to this Agreement, any of the Services provided under this Agreement or any other Services or products that CFB provides to you in connection with this Agreement (including but not limited to amounts that CFB charges you for Services or products provided, any alleged breach related to the collection, retention or disclosure of your personal information, and any alleged violation of our Privacy Notice).  You and CFB also agree to arbitrate any and all Disputes that arise out of or relate in any way to any services or products provided to you by CFB or any of its affiliated entities under any other agreement.  Notwithstanding this agreement to arbitrate, you and CFB may bring appropriate Disputes against each other in small claims court, if the Dispute falls within the small claims court's jurisdiction, or before the Federal Communications Commission, the relevant state public utilities commission, or any other federal, state, or local government agency authorized by law to hear the Dispute.

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b.        Opt Out: You may opt out of this dispute resolution provision (except for the jury trial waiver contained in Section 4(g) below) by notifying CFB of that intent during the Opt-Out Period by sending an email to CFB at centralfloridabroadband@gmail.com stating that you are opting out of this dispute resolution provision.  Exercising this right, should you choose to do so, will not affect any of the other terms of this Agreement with CFB, and you may remain a CFB customer.  If you opt out of the dispute resolution provision, that opt out will remain in effect if CFB modifies this section in the future or you agree to a new term of service under this Agreement.  If you enter into a new agreement with CFB that includes a dispute resolution provision and you want to opt out of that provision, you will need to follow the instructions in that agreement for opting out.

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c.        Class Action Waiver: You and CFB agree that all Disputes between you and CFB will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration.  If you or CFB brings a claim in small claims court, the class action waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor CFB may participate in a class or representative action as a class member if the class action asserts Disputes that would fall within the scope of this arbitration agreement if they were directly asserted by you or CFB. We both agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this Section 4 will not apply to any Dispute between you and CFB, except for the provisions of Section 4(g) waiving the right to jury trial. This class action waiver may not be severed from our arbitration agreement.

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d.        Arbitrator Authority: The arbitration between you and CFB will be binding.  In arbitration, there is no judge and no jury.  Instead, our disputes will be resolved by an arbitrator, whose authority is governed by the terms of this Agreement. You and CFB agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to the terms of this Agreement. An arbitrator may award attorneys' fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the Applicable Law, but that injunctive or declaratory relief may not extend beyond you and your dealings with CFB.  Review of arbitration decisions in the courts is very limited.

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e.        Informal Dispute Resolution: You and CFB agree that you will try to resolve disputes informally before resorting to arbitration.  If you have a dispute, first call CFB Customer Care at the number listed on your monthly invoice.  If the CFB representative is unable to resolve your dispute in a timely manner, you agree to then notify CFB of the dispute by sending an email description of your claim to centralfloridabroadband@gmail.com so that CFB can attempt to resolve it with you.  If CFB does not satisfactorily resolve your claim within 30 calendar days of receiving written notice to CFB Customer Care of your claim, then you may pursue the claim in arbitration.  Neither you nor CFB may initiate arbitration without first following the informal dispute resolution procedure provided in this paragraph and thereafter, if the dispute is still not resolved, the party who desires to initiate arbitration must provide the other written notice of the intent to file for arbitration.  If you are sending a written notice of your intent to file for arbitration to CFB, please send such notice via U.S. mail to Central Florida Broadband, 9095 SW 9th Ter Ocala, FL 34476. If CFB is sending you a written notice of our intent to file for arbitration, we will send it to the last known address of record we have on file for you.

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f.        Arbitration Procedures: You and CFB agree that this Agreement and the services CFB provides to you affects interstate commerce and that the Federal Arbitration Act and not state arbitration laws  applies for all Disputes. All arbitrations shall be conducted by the American Arbitration Association ("AAA").  The AAA's rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA's Consumer Arbitration Rules will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply.  If there is a conflict between the AAA's rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to CFB at Centralfloridabroadband@gmail.com or via U.S. mail to Central Florida Broadband, 9095 SW 9th Ter Ocala, FL 34476. You must also comply with the AAA's rules regarding initiation of arbitration. CFB will pay all filing fees and costs for commencement of arbitration, but you will be responsible for your own attorneys' fees and costs unless otherwise determined by the arbitrator pursuant to the terms of this Agreement or Applicable Law. CFB will not seek to recover its fees and costs from you in the arbitration, even if allowed under the law, unless your claim has been determined to be frivolous. If you are successful in the arbitration, CFB will pay your reasonable attorney's fees and costs. The arbitration will be held in the county of the billing address where CFB provided you service and either party may appear either in person or by telephone.

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g.        Jury Trial Waiver: If for any reason this arbitration agreement is found to be unenforceable, or if you opt out of this dispute resolution agreement, you and CFB expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a Judge rather than a Jury will decide disputes between you and CFB if, for any reason, the arbitration agreement is not enforced.

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h.        Survival: This dispute resolution provision survives the termination of your Services with CFB. If you bring a claim against CFB after termination of your Services that is based in whole or in part on events or omissions that occurred while you were a CFB customer, this dispute resolution provision shall apply.

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4.  ACCESS TO YOUR PREMISES —

a.        Access to Premises: You agree to allow CFB and/or our agents to enter the property at which the Service(s) and/or CFB Equipment will be provided to you (the “Premises”), upon your request, to install, configure, upgrade, maintain, inspect, change, repair and/or remove the Service and/or CFB Equipment. You warrant that you are either the owner of the Premises or, if you are not the owner of the Premises that you have obtained the consent of the owner for CFB or its agents to access the Premises for the purposes described herein including, without limitation, consent to attach CFB Equipment to the outside of the Premises. In addition, you agree to supply us or our agent, if we ask, the owner’s name, address and phone number and/or evidence that the owner has authorized you to grant access to us and our agents to the Premises. If installation of Services or CFB Equipment by CFB at your Premises is required, CFB will schedule one or more installation and/or service appointments with you as needed and you agree to be present or to have a responsible representative, 18 years or older, present at the Premises during such appointments.  Failure to schedule required installation of Services or CFB Equipment at your Premises may result in the disconnection of Services.

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b.        Charges for Visits: You will be responsible for payment of any charges assessed by CFB for visits to your Premises to install, maintain, inspect, repair or remove any Services, CFB Equipment or Customer Equipment, including, without limitation, in response to any difficulty caused, in whole or in part, by Customer Equipment, or other equipment, services or facilities not provided by CFB, for service calls at times other than normal business hours, and for any non-routine installation or maintenance. Charges for visits to your Premises can be found on the CFB Website or by calling CFB Customer Care at the number located on your invoice.

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c.        Safe Working Environment: You agree to provide CFB's employees and representatives with a safe working environment while on the Premises.  If a CFB employee or representative deems the working environment unsafe in his/her sole discretion, you agree that CFB may elect not to provide any services, including without limitation installation, repair, maintenance, support or training services, on the Premises until such Premises are deemed safe by CFB.
 

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5.  CFB EQUIPMENT —
 

a.        Definition: “CFB Equipment” means any equipment provided or rented to you by CFB or our agents with or without a separate charge or fee in connection with the Services. CFB Equipment also includes any software, firmware, or other programs contained within the CFB Equipment and Customer Equipment. Examples of CFB Equipment includes CFB provided gateways, routers, antennas, wireless gateway/routers. CFB Equipment does not include equipment you may purchase at retail or from CFB directly that may perform some or all of the functions of CFB Equipment. You agree that CFB Equipment will remain the property of CFB and you will not acquire any ownership or other interest in any CFB Equipment or any network facilities, cabling or software by virtue of any payment made pursuant to this Agreement or by any attachment of the CFB Equipment to the Premises. You agree that CFB Equipment will not be deemed fixtures or in any way part of the Premises. You agree to use CFB Equipment only for receiving and/or using the Service(s) pursuant to this Agreement.

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b.        Changes and Upgrades to CFB Equipment: CFB may upgrade, replace, remove, add or otherwise change the CFB Equipment at our discretion at any time any Service is active (including Soft Disconnection) or following the termination of your Service(s). You consent to such changes including software, firmware and other code updates or downloads, with or without notice to you, which may alter, add to, or remove features or functionalities of the CFB Equipment or Service. You acknowledge and agree that our addition or removal of or change to the CFB Equipment may interrupt your Service(s).  CFB may, at its option, install new or reconditioned CFB Equipment, including replacing your existing CFB Equipment, for which you may incur a fee. You agree that such changes may be performed within CFB’s sole discretion at any time and in any manner. If CFB requests that you replace, or offers to replace your equipment in order to provide you with better Service or stronger security, and you do not do so, CFB is not responsible for any resulting degradation of service or security vulnerabilities.  If CFB requires that you add or replace CFB Equipment and you do not do so, your Services may be disconnected.

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c.        Unauthorized Use and Prohibition on Tampering: You are responsible and may be liable for all CFB Equipment on your Premises and in your possession. You may not sell, lease, abandon, or give away the CFB Equipment.  You agree that you will not and you will not permit others, including without limitation any other provider of video, telecommunications or Internet services, to use, rearrange, disconnect, abandon, remove, relocate, repair, service, alter, modify, tamper or otherwise interfere with the CFB network, the Services, or any of the CFB Equipment including software, firmware, or code changes without CFB’s prior written consent, which CFB may withhold in its sole discretion. Such prohibition includes, without limitation, attaching or, permitting others to attach any unauthorized devices to our network, the Services, or the CFB Equipment, using or permitting others to use equipment that causes interference with reception equipment, or otherwise degrades our cable network signal quality or strength or creates signal leakage, altering a router or gateway to change its downloading or uploading capacity, or altering identifying information such as serial numbers or logos. If you make or assist any person to make any unauthorized connection or modification to CFB Equipment or the Service(s) or any other part of our network, we may terminate your Service(s) and recover such damages as may result from your actions. You also agree that we may recover damages from you for tampering with any CFB Equipment or any other part of our network or for receiving unauthorized Service(s). The unauthorized reception of the Service(s) may also result in criminal fines and/or imprisonment. You agree that you will not allow anyone other than CFB or its agents to service the CFB Equipment.

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d.        Return of CFB Equipment: You agree that in the event you terminate your Service, you will return, in person, all CFB Equipment to any CFB representative within thirty (30) days of notifying CFB of your decision to terminate your Service, unless otherwise instructed in writing by a CFB representative.  If you upgrade or downgrade your Service(s) and the CFB Equipment that you possess is no longer required to support your new CFB Service(s), you must promptly return such CFB Equipment and, if applicable, exchange any CFB Equipment (e.g. Antenna or wireless router). Such CFB Equipment must be returned to any CFB representative or our local home office located at 3821 SE 22nd Place Ocala, Florida, in person, within thirty (30) days of notifying CFB of your decision to downgrade your Service(s), unless otherwise instructed in writing by a CFB representative.  The returned CFB Equipment must be in good condition and without any encumbrances, except for ordinary wear and tear resulting from proper use.  This provision shall survive the termination or expiration of this Agreement.

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e.        Relocation of CFB Equipment: The CFB Equipment may only be used in the Premises. You agree that you will not remove any CFB Equipment from the Premises without CFB’s prior consent. At your request, CFB may, at its discretion, relocate CFB Equipment for you within the Premises at your request and at a time agreeable to you and us for an additional charge. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE CFB EQUIPMENT OR SERVICE(S) AT A LOCATION OTHER THAN THE PREMISES, THE SERVICE(S) MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY. If you relocate to a new address, you may be charged a fee to relocate the CFB Equipment.