Terms and Conditions of Service

February 2024

THESE TERMS AND CONDITIONS OF SERVICE APPLY TO INTERNET ACCESS SERVICES PROVIDED BY MAXSIP TELECOM (“MAXSIP”).

Maxsip provides broadband Internet access services and web-based application services (individually, the “Service”) subject to your compliance with the terms and conditions set forth in these “Terms and Conditions of Service” (the “Terms and Conditions”). Any terms or conditions included on any point-of-sale purchase receipt, recording of a non-written contract, Promotional Offer, Acceptable Use Policy, or Privacy Policy are incorporated into and made a part of these Terms and Conditions, which collectively form the Agreement between you and Maxsip (the “Agreement”). By accessing and using the Service, you represent and agree that you have read, understand, and consent to be bound by the Terms and Conditions. If you do not consent to be bound by the Terms and Conditions you must not use the Service or register as a subscriber of the Service and must promptly call the Maxsip Help Desk at (866) 629-7471 to cancel the Service.

Maxsip may revise the Agreement at any time by posting a revised version on Maxsip’s website at the following address:  maxsipconnects.com/terms-and-conditions or by notifying you by email, conventional mail, telephone, or on your Maxsip portal. You are responsible for periodic review of the Agreement and must be aware of any such revisions. The modified terms will become effective three (3) days after posting to the website or, if we notify you by email, conventional mail, telephone, or in your portal, effective as stated in such message. By using the Service after any such modification, you agree to the latest version of the Terms and Conditions. However, any changes to provisions in the Resolution of Disputes section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change takes effect.

If any revision to the Agreement is unacceptable to you, you may terminate your subscription to the Service as provided in the Termination section below. Further, if you violate any of the terms and conditions contained within the Agreement, Maxsip may terminate and/or suspend your access to the Service without notice.

ACCOUNT

Upon acceptance of your application for service and receipt of any applicable deposit(s), you will become a Subscriber to the Service (“Subscriber”). By registering as a Subscriber to the Service, you will receive an account (“Account”). You are solely and legally responsible for all activities conducted through your Account and any sub-accounts or usernames under your Account and agree that you will only use the Service for lawful purposes. You may permit another individual, including a minor, in your household to use your Account subject to your supervision, in which case you will retain all legal responsibility for the Account.

Finally, you agree to provide accurate and complete registration information and to update this information when it changes. Failure to provide such accurate, complete, and updated information shall constitute a breach of this Agreement and unauthorized access to the Service and may result in immediate termination of your Account and subject you to civil and/or criminal liabilities.

SELECTION OF A USERNAME

You may not select or use the username of another person or a name subject to the rights of any person other than you. You also may not use a user name that suggests to other Subscribers the availability of Content that Maxsip, in its sole discretion, considers to be libelous, defamatory, invasive of privacy or publicity rights, threatening, abusive, illegal, obscene, lewd, lascivious, excessively violent, harassing, harmful, offensive, or otherwise objectionable or would constitute or encourage a criminal offense, violate the right of any party, or otherwise give rise to liability, violate any law or in violation of the Agreement. Furthermore, you agree that you will not attempt to conceal or disguise your username in any communications.

GENERAL USE OF SERVICES

You agree to use the Services in compliance with all applicable laws, including: (a) FCC regulations; and (b) the laws of the state, country, or region where you (i) reside, (ii) lawfully obtained the Service, (iii) download updates, and/or (iv) use the Service.

ACCEPTABLE USE

If Maxsip becomes aware, through Subscriber complaints or otherwise, of any Content that is available by you or generally made available through your Account or in a Public Area, and Maxsip, in its sole discretion, considers such Content to be libelous, defamatory, invasive of privacy or publicity rights, threatening, abusive, illegal, obscene, lewd, lascivious, excessively violent, harassing, harmful, offensive, or otherwise objectionable or would constitute or encourage a criminal offense, violate the right of any party, or otherwise give rise to liability, violate any law, or violate the Agreement, Maxsip shall have the right, but not the obligation, to immediately remove such Content and/ or to terminate your Account without notice. This policy applies to any Content made available by you or generally made available through your Account.

As a Subscriber, you agree not to use the Service to:

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a Maxsip official, forum leader, guide, or host, or falsely state or otherwise misrepresent your person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
• upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
• upload, post, email, transmit, or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• interfere with, disrupt, or cause a disruption to the Service, servers, or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• “stalk” or otherwise harass another; NOR
• collect or store personal data about other users.

Any violation of this provision will constitute a breach of the Agreement, and Maxsip reserves the right in its sole and absolute discretion to temporarily or permanently suspend or terminate your access to the Service without notice.

PROMOTIONS.  Any sweepstakes, contests, raffles, surveys, games, loyalty programs, rewards, or similar promotions (collectively, “Promotions”) made available through the Service or Maxsip App may be governed by rules that are separate from this Agreement.  If you participate in any Promotions, please review the applicable rules as well as the Privacy Policy.  If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern. 

CONTENT

Subscriber Content

You are solely responsible for all information, technology, products, processes, data, communications, software, photos, video, graphics, music, sounds, and other material and services (collectively referred to as “Content”) that you transmit through your Account and/or make available on or through your web site.

Submission of Content to Public Areas

“Public Area” means chat areas, public message boards, newsgroups or email functions offered as part of the Service. By submitting or uploading Content to any Public Area, you automatically grant to and/or warrant that the owner of such Content has expressly granted to Maxsip a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any Rights that may exist in such Content.

Compliance with Digital Millennium Copyright Act

You agree to fully comply with copyright law and all provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) and to fully cooperate with Maxsip in its efforts to comply with the DMCA. Maxsip may investigate any reported violation of its policies or complaints of infringement relating to your use of the Service and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, and suspension or termination of your Account and access to the Service. In the event that you believe that any third party has infringed on any copyrighted material of yours, you shall provide Maxsip with notice in compliance with the provisions of the DMCA, through Maxsip’s DMCA Designated Agent, Madison Kucker, at legal@maxsiptel.com, or by phone at (516) 866-7300. Furthermore, you agree that Maxsip shall have no liability until such time as such notice has been actually received. If Maxsip receives a valid notice that your use constitutes alleged infringement, Maxsip will take action consistent with the requirements of the DCMA, including but not limited to terminating your Account and access to the Service.

Service Content

Accessing Content. You acknowledge that:

• The Service permits access to Content that is or may be protected by copyrights, trademarks, patents or other proprietary rights (including intellectual property) (“Rights”) owned by Maxsip and other third parties;
• These Rights are valid and protected in all media existing now or later developed; and
• Except as is explicitly provided otherwise, applicable copyright and other intellectual property laws shall govern your use of Content; provided, however, that such use does not grant you a license under any of the Rights in the Content described herein.

All such Rights are retained by Maxsip and its affiliates and/or any third-party owner of such Rights. Further, you agree that you may upload software files, message boards or otherwise transmit only Content that is not encrypted; Content that is not subject to any Rights; and/or Content for which any holder of Rights has given express authorization for its distribution.

Intellectual Property Rights in Content

You understand that rights in any Content, including any compilations on the Service, that is copyrighted by a third party, is claimed and reserved by Maxsip and may not be copied, used, uploaded, posted, transmitted, distributed or reproduced in any way without the express written consent of Maxsip. If you wish to obtain rights to copy any Content on the Web Site, please email your request legal@maxsiptel.com.

Use of Trademarks or Service Marks

The Maxsip names and logos and all related product and service names, design marks and slogans (the “Marks”) are the trademarks or service marks of Maxsip and its affiliate companies. You are not authorized to use any of the Marks in any advertising, publicity, or in any other commercial manner without the prior written consent of Maxsip. If you wish to obtain such authorization, please email your request legal@maxsiptel.com.

TERMINATION AND CANCELLATION POLICY

• Maxsip does not anticipate that you will fail to pay for the Service(s) on a timely basis, and we do not extend credit to customers. Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the Service(s) on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment.
• Cancellation Billing Policy: The monthly charge for Internet service will not be prorated for the final partial month of service. The full monthly service fees will apply, even if your service is active for only a partial month.
• Maxsip will not disconnect all or part of a Subscriber’s internet service for nonpayment until the bill is at least fourteen (14) days past due.
  • This termination and cancellation provision is not applicable to the Affordable Connectivity Program (“ACP”) or Lifeline plans where the federal government provides a benefit for a portion of the broadband services. Any disconnection, termination, or cancellation of ACP or Lifeline services is governed by the applicable FCC rules. 

Prohibition on Customer Access to Software and/or Facilities

You agree that you will not access or attempt to access software (including reverse engineering, decompiling, or disassembling the software or attempting in any manner to recreate the source code or object codes) or facilities (including remote computing systems) furnished in connection with this Agreement. Any attempt by you to access and/or subvert any network security measures of Maxsip or any other network shall entitle Maxsip to immediately terminate your access to the Service without notice.

Maxsip Application and Software

For support purposes, Maxsip may elect to install software (“Maxsip App”) or request the installation of the Maxsip web-based application on your phone, tablet or on your computer to facilitate troubleshooting and the distribution and maintenance of desktop support and provide notifications and information about the Service. 

Intellectual Property Rights. All copyrights, trademarks, patents, and/or other proprietary rights (“Intellectual Property Rights”) in the Maxsip App (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Maxsip App), the accompanying printed materials, and any copies of the Maxsip App are owned by Maxsip. All title and intellectual property rights in and to the content that may be accessed through use of the Maxsip App is the property of Maxsip or other third parties and may be protected by applicable copyright or other intellectual property laws and treaties. You may not copy the printed materials accompanying the Maxsip App. You must respect the intellectual property rights of others while using the Services.

Third Party Software.  As described above, components of the Maxsip App and other maintenance applications may incorporate third party software, and your installation of the software and use of the Service indicates your acceptance of the license agreement(s) of each.

Networking

Networks or Equipment not supplied or installed by Maxsip

The Maxsip Help desk does not advise or assist with networks or equipment related to networks not supplied or installed by Maxsip. Customer inquiries regarding networking should be directed to third party computer technicians and network equipment manufacturers.

Networks and Equipment supplied or installed by Maxsip

The Maxsip Help desk offers technical support for networks and equipment supplied or installed by Maxsip. Subscribers can reach the Maxsip Help Desk by calling (866) 629-7471 or via the web at: support@maxsiptel.com. Maxsip networks and equipment are subject to the specific terms and conditions of the relevant contract(s), terms of service, and/or other customer agreement established and agreed to at the time of purchase and/or installation of each.

During troubleshooting sessions where networked computers are present, the Maxsip Help desk technician will ask the customer to disconnect their networked equipment from the Equipment and directly connect the hardware to one Windows-based or Apple computer. Doing so will help the technician diagnose issues with the Equipment at the customer’s premises. Failure to comply with the Maxsip technician’s request in this matter will release Maxsip from responsibility for further diagnosis, and customer hereby expressly assumes all liability and risk of loss in exchange for the assistance from the Help desk.

Service Speed

Maxsip services may come in a variety of speeds. The availability of some service speeds may depend on the location of facilities in your neighborhood and on your street, the mobile device used by the Subscriber, network capacity, terrain, weather, if you are on a private or public wi-fi network and the signal strength available. Devices also have varying speed capabilities and may connect to different networks depending on technology. Even within coverage areas and with broadband-capable devices, network changes, traffic volume, outages, technical limitations, signal strength, obstructions, weather, public safety needs, and other conditions may impact speeds and service availability. Not all service speeds are available in all areas. Maxsip does not guarantee that the Service, Equipment, or other equipment authorized by Maxsip for use in connection with the Service will perform at a particular speed, bandwidth, or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, disabling code or conditions, or the like.

Fair Usage Policy

At Maxsip, we are committed to providing fair and equitable access to our services for all subscribers. Our Fair Usage Policy ensures that our network remains reliable and efficient for everyone. By using our services, you agree to abide by the following guidelines:

Unlimited Usage (Applies to “Unlimited Plans” Only):

Data usage is provided on an unlimited basis. However, excessive usage beyond what is considered reasonable for individual and non-commercial purposes may impact network performance. Subscribers enjoy unlimited talk time for up to 3000 minutes per month. Beyond this threshold, standard rates may apply or the service may be subject to fair usage policies to prevent abuse and ensure equitable access for all customers. Text messaging is provided on an unlimited basis for personal use only. This service is not intended for commercial purposes, such as bulk messaging or spamming.

Network Speed Optimization:

In accordance with standard industry practices and fair use, Maxsip reserves the right to optimize network speeds for subscribers who exceed predefined usage thresholds. This measure helps to maintain optimal network performance for all users and prevent abuse of the service. Network speed optimization may be applied temporarily until the start of the next billing cycle or until usage returns to within acceptable limits.

Enforcement:

Maxsip reserves the right to monitor network usage and take appropriate action against any misuse or abuse of our services. Enforcement actions may include, but are not limited to, throttling data speeds, suspending or terminating service, or applying additional charges as outlined in our terms and conditions.

Review and Amendments:

We regularly review our Fair Usage Policy to ensure it aligns with industry standards and best serves the interests of our customers. Maxsip reserves the right to amend this policy at any time with prior notice to subscribers.

By using Maxsip Tel’s services, you agree to adhere to this Fair Usage Policy as outlined herein.

Disclaimer of Warranties; Limitation of Liability

The following is capitalized to emphasize its importance.

YOU EXPRESSLY AGREE BY YOUR USE OF THE SERVICE THAT YOUR USE OF THE SERVICE, ITS CONTENT, AND RELATED SERVICES AVAILABLE ON OR LINKED TO THE MAXSIP WEB SITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

MAXSIP DOES NOT WARRANT THAT ANY OF THE SERVICE, EQUIPMENT, OR OTHER EQUIPMENT AUTHORIZED BY MAXSIP FOR USE IN CONNECTION WITH THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. MAXSIP SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT (INCLUDING ANY OTHER EQUIPMENT AUTHORIZED BY MAXSIP FOR USE IN CONNECTION WITH THE SERVICE), RENDER THE EQUIPMENT OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.

THE EQUIPMENT IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY THAT THE EQUIPMENT IS REASONABLY FIT FOR THE PURPOSE FOR WHICH IT IS TO BE USED AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.

Maxsip is not responsible and shall not be liable for the listings or the advertisements contained on the website, and Maxsip does not:

• Guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, services, goods or advertisements that may be linked to the website;
• Make any endorsement, express or implied, of any other web sites, services, goods or advertisements that may be linked to the website;
• Check for licenses with respect to licensed professions or trades prior to publishing advertisements and does not assume the responsibility for monitoring the use of trademarks, certifications, or other rights of third parties; NOR
• Warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any Equipment or software made available are provided on an “as is” basis.

IN NO EVENT SHALL MAXSIP NOR ANY OF ITS AFFILIATES, AGENTS LICENSORS, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES FOR: (I) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICE; (II) BUSINESS INTERRUPTION, OR LOSS OF PROFITS, REVENUE, USE OR DATA, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE SERVICE, WEB SITE, OR THE USE, RELIANCE UPON, OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THE WEB SITE, EVEN IF MAXSIP OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH OR HYPERLINKED FROM THE SERVICE.

IN NO EVENT WHATSOEVER WILL MAXSIP BE LIABLE FOR ANY DAMAGES TO THE EQUIPMENT, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, USE OR DATA, EVEN IF MAXSIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION, “MAXSIP” IS DEEMED TO INCLUDE MAXSIP, ITS PARENT COMPANY AND THE RESPECTIVE SUBSIDIARIES AND AFFILIATES OF EACH, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND SUPPLIERS OF EACH OF THEM.

By using the Service you are agreeing to these terms. This limitation of liability and these disclaimers of warranties allocate the risks of the Agreement between us and you. Maxsip relies on this allocation, which is reflected in the pricing of the Services, and is an essential element of the basis of the bargain between us.

Indemnification

You agree to defend, indemnify, and hold harmless Maxsip, its affiliated companies and their respective directors, officers, employees and agents, service providers, suppliers and contractors from all liabilities, actions, suits, proceedings, claims, damages and expenses, including without limitation, reasonable attorney’s fees, arising from or relating to your access to or use of the Service, the website and your Account or processing of your data or information in accordance with these Terms. Maxsip reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

Resolution of Disputes

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.

Binding Arbitration

This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim, including those against any of our subsidiary, parent, or affiliate companies, arising out of or relating to this Agreement, our Privacy Policy, our Acceptable Use Policy, or the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud , misrepresentation or any other legal theory) will be resolved by binding arbitration except that (1) you may take claims to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us.

Arbitration Procedures

You must first present any claim or dispute to us by contacting Customer Care to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-2241810. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration will take place in the county seat for the county in which your service address is located. At either party’s election, the arbitration shall be held telephonically. As set forth below, you and we both agree that any arbitration will be solely between you and Maxsip, not as part of a consolidated, class-wide, or representative claim (that is, not brought on behalf of or together with another individual’s claim). An arbitrator may award any relief or damages (including injunctive or declaratory relief) that a court could award, except an arbitrator may not award relief in excess of or contrary to what this Agreement provides and may not order relief on a consolidated, class-wide, or representative basis. Except as set forth in the Waiver of Class Actions section below, if any portion of this arbitration clause is determined to be inapplicable or invalid by a court, arbitrator, or state or federal agency with proper jurisdiction, then the remainder shall still be given full force and effect. Judgment on any arbitration award may be entered in any court having proper jurisdiction. Both you and we agree that all issues relating to the validity of this agreement to arbitrate will be decided by a court (including but not limited to the substantive scope of our agreement to arbitrate or whether consolidated, class-wide, or representative arbitration is allowed), and do not intend to confer any such powers on an arbitrator.

Costs of Arbitration

For claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. For claims over $1,000 but under $75,000, you will be obligated to pay your share of the arbitration fees, but no more than the equivalent court filing fee for a court action filed in the jurisdiction where your billing address is located. For arbitrations in excess of $75,000, all administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

Waiver of Class Actions

By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis only and not on a consolidated, class-wide, or representative basis or the like. If for any reason any court, arbitrator, or state or federal agency with proper jurisdiction holds that this restriction is unconscionable or otherwise unenforceable, then we both agree: (i) that this agreement to arbitrate will be invalidated and terminated and the dispute must be brought in court; and (ii) you and we both waive, to the fullest extent allowed by law, any right to pursue any claims on a class or consolidated basis or in a representative capacity. In the event that this arbitration agreement is invalidated and terminated in accordance with this section, both you and we agree to submit to the jurisdiction of the United States District Court for the Southern District of New York.

Limitations Period

Any arbitration or legal action with respect to any and all claims or causes of action related to or arising out of this Agreement must be brought within two years after the cause of action arises, or within the applicable statutory period of time, whichever is shorter. This limitations period does not apply to any given cause of action when the statutory limitations period for that cause of action cannot be waived, restricted, or otherwise limited by you.

Monthly Billing; “Past Due Balance”

You agree to timely pay all monthly bills. Any amount outstanding after the due date on the Customer bill shall be deemed a “past due balance”.  In the event of a disagreement about a Customer bill, please contact Maxsip Customer Care at (866) 629-7471.

Right of Access

By using the Service, you grant permission for Maxsip and its agents and employees to enter upon the property of the Subscriber for the purpose of installation, inspection, maintenance, testing, and repair of the Service to the Subscriber’s premises and, upon service being cancelled for any reason, the Subscriber grants permission for Maxsip, during reasonable hours, to enter upon the premises and remove all equipment and material belonging to Maxsip and to discontinue service thereto.

Termination

Either you or Maxsip may terminate your Account at any time and for any reason whatsoever.  Your only right with respect to any dissatisfaction with the Maxsip App or Service is to terminate your Account by delivering notice to Maxsip. Any such notice of termination will be effective upon its actual receipt by Maxsip.  If this limitation is ruled inapplicable or invalid by a court, arbitrator, or state or federal agency with proper jurisdiction, then the remainder of the Agreement shall still be given full force and effect.

This termination provision is not applicable to the ACP or Lifeline plans where the federal government provides a benefit for a portion (or all) of the broadband services.  Any such terminations of ACP or Lifeline Subscribers shall comply with the applicable FCC regulations.  ACP and Lifeline customers may also submit complaints or disputes directly to the FCC at consumercomplaints.fcc.gov. 

Waiver

No waiver by either party of any breach by the other party of any of its covenants, obligations, or agreements under this Agreement and no waiver by either party of any term or condition of this Agreement shall be a waiver of any subsequent breach or failure or of any other covenant, obligation, agreement, term or condition, nor shall any forbearance to seek a remedy for any breach or failure be a waiver of any rights and remedies with respect to such or any subsequent breach or failure.

Miscellaneous

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles or conflicts of law.