Effective Date: February 13, 2017
Welcome to Common Networks, a wireless Internet service ("Service") operated by Common Networks, Inc. ("Common Networks" or "we" or "us"). Please read carefully the following terms and conditions (this "Agreement") that govern your use of our Service.
We may modify this agreement from time to time. When changes are made, we will make the revised version available on this website ( www.common.net) and will indicate at the top of this page the date that revisions were last made. Your use of the service after such posting will constitute acceptance by you of such changes.
Our Service enables our customers to access the Internet through our wireless network and fiber internet backbone.
We will strive to keep your speeds at the advertised speeds you purchased throughout most of your daily use. We do not control speeds beyond our fiber internet backbone, which are affected by several factors beyond our control.
We may interrupt those speeds if necessary for equipment upgrades and network maintenance, and we will do our best to inform you of any such interruptions ahead of time.
You authorize Common Networks, and its employees, agents, contractors, and authorized representatives to enter your premises in order to install, maintain, inspect, repair and remove the required equipment.
You represent and warrant to Common Networks that you have full authority, without obtaining approval of any other person, to enter into this Agreement and to permit Common Networks to enter the premises in order to install, maintain, inspect, repair and remove the required equipment. If you are not the owner of the premises, upon our request, you will provide us with the owner's name and address, evidence that you are authorized to grant us access to the premises on the owner's behalf, and, if requested, written consent from the owner of the premises.
You will not remove our equipment from the premises, modify the equipment in any way, or connect the equipment to any outlet other than the outlet to which the equipment was initially connected to by our technician.
For service visits that require access to the exterior or roof of the premises, we will provide you advance notice of when the maintenance will take place. For service visits that require access to the interior of the premises, we will make reasonable efforts to coordinate with you a time as soon as practicable for the maintenance to take place.
For our Service, we charge a non-refundable monthly fee of $50, which includes all applicable fees and taxes. We reserve the right to change our prices. If we do so, we will notify customers in advance in order to allow you an opportunity to cancel your account before we apply those changes count. The service fee is non-refundable unless we terminate Service without cause, in which case we will refund to you a prorated amount of the fees for the period of time during which the Service was not provided.
We accept major credit cards for payment, and customer warrants that the payment method information provided to us is valid and that it is either in customer's name or in the name of an individual who has authorized customer to use it for our service. Customer's payment method will be charged on the first day of each calendar month for service that month and, unless the customer terminates our service beforehand, we will continue to automatically charge that payment method on the first day of each subsequent calendar month. Customers may update their payment method information by contacting us at firstname.lastname@example.org. If payment is not authorized and customer's account remains unpaid for 60 days, we will terminate our service immediately.
You may cancel the Service at any time and for any reason by notifying us at email@example.com. We may suspend or cancel the Service to you at any time if we suspect or determine, in our sole discretion, that you have violated any provisions of this Agreement. We also reserve the right to unilaterally terminate or suspend Service to you at any time and without providing a reason.
After cancellation of Service, Common Networks may request to remove and/or recollect the Equipment. You agree to make reasonable effort to coordinate time with us to let us come get the Equipment from inside the premises within 30 days of request. After 60 days of a request, if you have not coordinated a time for us to collect the Equipment, you agree to pay a replacement fee of One Hundred and Fifty Dollars ($150.00), or the actual cost to purchase replacement equipment (including a reasonable allowance for administrative and personnel costs), whichever is less.
If Common Networks does not request to collect the Equipment from inside the premises within 30 days, it forfeits the right to collect the Equipment from the premises. You may request for us to remove the equipment from your premises, and we will make a reasonable effort to complete this removal within 30 days of request.
The excessive use or abuse of network resources by one customer may have a negative impact on all of our other customers. You agree not to excessively utilize network resources in a manner that significantly weakens our network's performance, and we reserve the right to make that determination.
You are also prohibited from using the Service for any of the following purposes:
Please review our Open Internet Statement.
THE SERVICE AND EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. COMMON NETWORKS DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE AND EQUIPMENT WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE SERVICE.
IN NO EVENT SHALL COMMON NETWORKS BE LIABLE TO CUSTOMER FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER'S USE OF THE SERVICE OR EQUIPMENT, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL COMMON NETWORK'S AGGREGATE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO A CLAIM.
You agree to indemnify, defend and hold Common Networks and its affiliates, and each of its and their officers, directors, employees and agents harmless from and against any third party suits, demands, claims or actions (each, a " Claim"), including any liability, cost, losses, damages, expenses, and reasonable attorney's fees, in each case arising from or in any way related to: (a) access or use of the Service and/or Equipment from your account (including Claims related to any use of the foregoing with software, data, content, systems, or other technology not provided by us); or (b) any violation of your representations, warranties and obligations under this Agreement. We will use good faith efforts to provide you with prompt notice of any such Claim. You agree that, upon our written notice to you, we will control the defense or settlement of any such Claim subject to indemnification by you, and you will provide reasonable cooperation to us at your expense. You may not settle an indemnifiable Claim without obtaining our prior written consent.
We respect the intellectual property rights of others and expect our users to do the same. We may, in our sole and absolute discretion, terminate the right to use the Service of any user who uses the Service to infringe the intellectual property rights of others. If you believe any materials transmitted through the Service infringe your copyright, you may notify us by providing the following information: (i) identification of the copyrighted work that you believe to be infringed (please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work); (ii) identification of the material that you believe to be infringing and its location (please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material); (iii) your name, address, telephone number and (if available) e-mail address; (iv) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf; and (vi) a signature or the electronic equivalent from the copyright holder or authorized representative. Submit information to:
Commonwealth Networks, Inc.
2 Mint Plaza Suite 503
San Francisco, CA 94103
Any legal controversy or legal claim arising out of or relating to this Agreement will be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into by any court having jurisdiction thereof. Common Networks may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, necessary to protect its rights or property pending the completion of arbitration. In any arbitration or action arising out of or related to this Agreement, the arbitrator(s) or judge(s) shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration or action. If the arbitrator(s) or judge(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) or judge(s) may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration or action. Should either party file an action contrary to this provision, the other party may recover costs and attorneys' fees reasonably incurred in challenging such action.
YOU AND COMMON NETWORKS 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 OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH COMMON NETWORKS THAT NEITHER YOU NOR COMMON NETWORKS WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR COMMON NETWORKS WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. If the Arbitration and Class Action Waiver provision of this Agreement shall be found to be unlawful, void or for any reason unenforceable, then any lawsuit or claim arising out of this Agreement shall be brought in the federal or state court located in San Francisco, California.
We will not be considered in default of performance of our obligations under this Agreement to the extent that performance of such obligations is delayed by force majeure. You may not assign this Agreement without our prior written consent. We may freely assign our rights or delegate its obligations under this Agreement, in whole or in part, to any person or entity, and this Agreement will bind and inure to the benefit of our successors and assigns. Any assignment by you made in violation of the foregoing shall be void. If any provision of this Agreement is held to be inconsistent with any present or future law, ruling, rule or regulation of any court or governmental authority, such provision shall be deemed to be rescinded or modified to the minimum extent necessary to comply with such law, ruling, rule or regulation, and the remainder of this Agreement shall not be affected thereby.
Any construction or interpretation to be made of this Agreement shall not be construed against the drafter. Except as provided in the second paragraph, this Agreement may be amended only by a written document signed by both parties expressly referencing this Agreement and the terms being amended. This Agreement does not create any partnership, agency, employment, or joint venture relationship and neither party has authority to create any obligation on behalf of the other. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement contains the entire agreement between you and Common Networks regarding the use of the Service and Equipment, and it supersedes any prior agreement between us on such subject matter.
Effective Date: February 13, 2017
We collect data to build and maintain our network and make everyone's internet service better. This information helps us know things like when customers are experiencing slowdowns and help fix these issues automatically.
We collect and store information about a customer's use of our Network, to provide, improve and maintain our network. For example, we may collect and store information about the performance of the equipment installed on a customer's property (e.g. antennas), when a customer is using our network, the various devices a customer is using to access our network. and the amount of data a customer is transmitting and receiving through our network.
We do not collect or store the contents of a specific customer's internet traffic, including websites visited or any of the content being transferred.
We may also aggregate network information from multiple customers of our network; aggregated network information does not identify a specific individual, computer, or device.
We automatically track and collect the following categories of information when you visit our website common.net.
Traffic data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the site.
We may use "cookies" to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your Common Networks' password, so you do not have to re-enter it each time you visit the site.
Do Not Track Signals
At this time we do not respond to browser 'Do Not Track' signals.
In order for you to access our service, we may require you to provide us with certain information that personally identifies you. "Personal Information" includes the following categories of information:
We use the information we collect from all of our service to provide, maintain, protect and improve it and to protect Common Networks and our customers. We use Common Networks' website data and for marketing purposes or for improving your experience on our website.
We use Contact Data to send you information about our company and our service, or to contact you when necessary in order to provide the service.
Unfortunately, we do not currently maintain any automated procedures for you to review or request changes to the information that we collect about you, except that you may request to do so by contacting us at firstname.lastname@example.org.
If Common Networks or substantially all of its assets are sold, customer information will be one of the assets transferred to the acquirer.
Effective Date: February 13, 2017
Common Networks does not block any lawful content, applications, services, or your use of non-harmful devices, or discriminate in transmitting lawful network traffic except as reasonably necessary to manage our network effectively for the benefit of our subscribers as described below. All lawful Internet use is handled identically. Common Networks does not slow, throttle or shape one type of use over another. Common Networks reserves the right, in accordance with applicable law, to employ reasonable network practices to prevent certain harmful or illegal activity.
Common Networks does not engage in congestion management, nor limit usage.
Common Networks does not block or limit any applications or protocols.
Common Networks does not limit the devices that consumers can connect to the network.
Common Networks engages in network monitoring to detect potential intrusion and denial of service attack. Additionally, end-users whose systems are compromised and which are sourcing malicious traffic may be contacted or suspended until the system is secured. We may block traffic to or from customers when a denial of service attack is in progress, and when such traffic is impacting network elements shared by other customers.
Common Networks' Internet services are provided over our fixed broadband wireless network system.
Common Networks actual customers' speeds vary between 25 and 250 Mbps. The network is designed to support these speeds to help ensure that every subscriber receives the maximum speeds available to their home. Common Networks, however, cannot guarantee speeds at all times, as there are many factors and conditions beyond Common Networks' control that can affect Internet performance. Some of these external factors and conditions are:
Please refer to product information at www.common.net.
Any questions or concerns about Common Networks' service or policies should be sent to email@example.com.