Legal Documents

These Terms of Service ("Terms") form a binding agreement between you ("you," "your," or "Subscriber") and Private Fiber, Inc., a Texas C Corporation with its principal place of business at 4841 Williams Dr., Ste 107, Georgetown, TX 78633 ("Private Fiber," "we," "us," or "our"). These Terms govern your access to and use of the fiber internet access services and related features we provide (collectively, the "Services"), as well as your use of our website at privatefiber.com (the "Site").

By subscribing to, using, or continuing to use the Services, or by clicking "I agree" (or any similar confirmation), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Acceptable Use Policy ("AUP"), our Privacy Policy, and any Customer Service Agreement ("CSA") you sign during enrollment (together, the "Agreement"). If you do not agree to these Terms, do not use the Services.

1. Definitions

"Agreement" means these Terms together with the AUP, Privacy Policy, CSA, and any order forms, schedules, or exhibits incorporated by reference.

"Bulk Customer" means an HOA, property owner, developer, property manager, or similar entity that contracts with Private Fiber for community-wide baseline service under a Bulk Service Agreement ("BSA").

"CPE" means the customer premises equipment (including but not limited to ONTs, routers, and related hardware) provided by Private Fiber to deliver Services to your premises.

"Service Address" means the physical address or unit where you receive Services, as identified in your CSA or account records.

"Service Plan" means the tier of Services (e.g., 100 Mbps, 500 Mbps, 1 Gig) you have selected, including any enhancements or upgrades beyond the baseline service provided under a BSA.

2. Eligibility

You must be at least eighteen (18) years of age and legally capable of entering into a binding contract under the laws of the State of Texas to subscribe to the Services. By agreeing to these Terms, you represent and warrant that you meet these requirements and that the information you provide during enrollment is accurate, current, and complete.

3. The Services

3.1 Description

Private Fiber provides residential fiber-to-the-home ("FTTH") internet access services to Subscribers located within serviceable communities. Services may include baseline access under a BSA with your community, as well as optional enhanced tiers purchased directly by you.

3.2 Speed Disclaimer

Speeds quoted in your Service Plan (e.g., "up to 1 Gbps") are maximum theoretical speeds measured from our edge to your ONT under optimal conditions. Actual speeds you experience may vary based on Wi-Fi configuration, connected device capabilities, in-home wiring, network congestion, and third-party service limitations. Private Fiber does not guarantee any specific speed or throughput unless expressly stated in a separate written service-level agreement.

3.3 Service Availability

Services are provided on a best-efforts basis. Private Fiber does not guarantee uninterrupted or error-free Services. Scheduled maintenance, emergency repairs, weather events, force majeure, and third-party outages may affect availability. We will use commercially reasonable efforts to minimize disruption and restore Services promptly.

4. Account Registration

When you enroll, you must provide accurate information, including your name, Service Address, email, phone, and payment details (if applicable). You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account. You agree to notify Private Fiber promptly of any unauthorized access to, or use of, your account.

5. Fees, Billing, and Payment

5.1 Fees

Fees for Services are set forth in your CSA, Service Plan, or the applicable BSA. Fees may include recurring monthly charges, one-time installation fees, equipment fees, upgrade fees, and applicable taxes, surcharges, and regulatory fees. All fees are stated in U.S. dollars.

5.2 Bulk Billing

If your community is served under a BSA, baseline service fees may be billed to the Bulk Customer (e.g., your HOA) rather than directly to you, and invoiced to you as part of HOA dues. Enhanced tiers, equipment upgrades, or other optional services you purchase directly will be billed to you separately.

5.3 Direct Billing

For directly-billed charges, you authorize Private Fiber to charge the payment method on file on a recurring basis for all applicable fees. Billing cycles are monthly unless otherwise specified.

5.4 Late Payments

Amounts not paid when due may be subject to a late fee, suspension of Services, and reasonable collection costs (including attorneys' fees) to the extent permitted by law. Private Fiber may report delinquent accounts to credit bureaus.

5.5 Taxes

Fees are exclusive of applicable taxes, regulatory fees, and surcharges imposed by federal, state, or local authorities. You are responsible for such amounts, which Private Fiber will collect as required by law.

5.6 Refund Policy

Except as expressly provided in the CSA or required by applicable law, fees are non-refundable once Services have been provisioned.

6. Term, Renewal, and Termination

6.1 Term

Your subscription begins on the activation date specified in your CSA and continues on a month-to-month basis unless otherwise stated. Bulk Customer agreements may have fixed terms as set forth in the BSA.

6.2 Termination by You

You may terminate optional enhanced or upgrade Services at any time with thirty (30) days' written notice to Private Fiber. Termination of baseline service provided under a BSA is governed by the terms of the BSA between Private Fiber and your Bulk Customer.

6.3 Termination by Private Fiber

Private Fiber may suspend or terminate your Services, with or without notice, for (a) non-payment; (b) material breach of these Terms, the AUP, or the CSA; (c) fraudulent or unlawful activity; (d) abuse of the Services or Private Fiber personnel; (e) government or court order; or (f) discontinuation of Services in your community.

6.4 Effect of Termination

Upon termination, your right to use the Services ceases immediately. You remain liable for any unpaid fees accrued prior to termination. Sections of these Terms that by their nature should survive termination (including payment obligations, indemnification, warranty disclaimers, limitation of liability, arbitration, and governing law) will survive.

7. Installation and Equipment

7.1 Installation

Private Fiber will install the fiber infrastructure and CPE necessary to deliver Services to your Service Address. You authorize Private Fiber and its agents to access your premises at reasonable times to install, inspect, maintain, repair, and remove equipment. Private Fiber will use commercially reasonable efforts to minimize disruption.

7.2 CPE Ownership

All CPE provided by Private Fiber remains the property of Private Fiber unless expressly stated otherwise. Upon termination of Services, you must return all CPE in good working condition, ordinary wear and tear excepted. Failure to return CPE within thirty (30) days of termination may result in a replacement charge.

7.3 Subscriber Responsibility

You are responsible for providing reasonable access for installation and maintenance, for safeguarding CPE against loss, theft, or damage (except ordinary wear and tear), and for any damage resulting from your misuse, tampering, or unauthorized modification of CPE.

8. Acceptable Use

Your use of the Services is governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the AUP may result in suspension or termination of Services as described therein.

9. Privacy and Data Practices

Your privacy is important to us. Our collection, use, and disclosure of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the data practices described therein.

10. Intellectual Property

The Site, the Services, and all related software, documentation, trademarks, logos, and content are owned by Private Fiber or its licensors and are protected by U.S. and international intellectual property laws. Except for the limited right to use the Services in accordance with these Terms, no license, right, or interest in any Private Fiber intellectual property is granted to you.

11. Subscriber Content and Third-Party Services

You are solely responsible for any data, communications, or content you transmit, store, or access through the Services ("Subscriber Content"). Private Fiber does not endorse, control, or assume responsibility for Subscriber Content or for any third-party websites, services, or applications you access through the Services. Your interactions with third-party services are governed by their respective terms and privacy policies.

12. Copyright Infringement (DMCA)

Private Fiber complies with the Digital Millennium Copyright Act ("DMCA"). If we receive a valid DMCA notice alleging infringement by a Subscriber, we will notify the Subscriber and may take action as required by law, including termination of repeat infringers. DMCA notices may be sent to:

13. Disclaimer of Warranties

THE SERVICES, SITE, AND CPE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. PRIVATE FIBER EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRIVATE FIBER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ORAL OR WRITTEN INFORMATION PROVIDED BY PRIVATE FIBER OR ITS REPRESENTATIVES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRIVATE FIBER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF PRIVATE FIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PRIVATE FIBER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO PRIVATE FIBER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL. IN SUCH JURISDICTIONS, PRIVATE FIBER'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless Private Fiber, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Services or CPE; (b) your violation of these Terms, the AUP, the CSA, or applicable law; (c) any Subscriber Content transmitted, stored, or accessed through your account; or (d) your violation of any third party's rights.

16. Dispute Resolution; Binding Arbitration

16.1 Informal Resolution

Before filing any formal claim, you and Private Fiber agree to attempt to resolve the dispute informally by contacting us at support@privatefiber.com. We will attempt to resolve the dispute within thirty (30) days of receipt.

16.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in Williamson County, Texas, unless otherwise agreed, and will be governed by the Federal Arbitration Act. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AND PRIVATE FIBER EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. If any court or arbitrator determines that this class action waiver is unenforceable with respect to any claim, then that claim (and only that claim) will be severed and proceed in court; all other claims remain subject to arbitration.

16.4 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights, trade secrets, or network security.

16.5 Opt-Out

You may opt out of the arbitration agreement in Section 16.2 by sending written notice to the address in Section 20 within thirty (30) days of first accepting these Terms. Your notice must include your name, Service Address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

17. Governing Law and Jurisdiction

These Terms are governed by, and will be construed in accordance with, the laws of the State of Texas, without regard to its conflict-of-laws principles. Subject to Section 16, any action not subject to arbitration will be brought exclusively in the state or federal courts located in Williamson County, Texas, and you consent to the personal jurisdiction of such courts.

18. Force Majeure

Private Fiber will not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, storms, war, terrorism, labor disputes, government action, utility outages, fiber cuts by third parties, or failures of third-party infrastructure.

19. Modifications to Terms

Private Fiber may modify these Terms at any time. Material changes will be posted at privatefiber.com/terms with at least thirty (30) days' advance notice, or such other notice period as required by law. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modifications, your sole remedy is to terminate the Services in accordance with Section 6.

20. General Provisions

20.1 Entire Agreement. The Agreement constitutes the entire agreement between you and Private Fiber regarding the Services and supersedes all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

20.2 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be reformed to the minimum extent necessary to make it enforceable.

20.3 No Waiver. A party's failure to enforce any provision of these Terms does not waive that party's right to enforce such provision in the future.

20.4 Assignment. You may not assign or transfer these Terms or your Services, in whole or in part, without Private Fiber's prior written consent. Private Fiber may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

20.5 Notices. Notices to Private Fiber must be sent to the address in Section 21. Notices to you will be sent to the email or mailing address on file for your account and are effective upon transmission.

20.6 No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights, except as expressly stated.

20.7 Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship between you and Private Fiber.

20.8 Construction. Headings are for convenience only and do not affect interpretation. The words "including" and "include" are not limiting.

21. Contact Information

For questions about these Terms, to report violations, or to submit notices: