Optico Fiber Terms of Service

Optico Fiber services (“Services”) and Optico Fiber equipment are provided by Critical Hub Networks, Inc. (“Critical Hub”), located at 1314 Ponce de Leon Ave., San Juan, Puerto Rico 00907.

The Optico Fiber Terms of Service (“Optico Terms”) apply exclusively to your use of Optico Fiber Services , and incorporate the Acceptable Use Policy and the Subscriber Agreement. In the event anything in Critical Hub’s Terms & Conditions conflicts with any of the Optico Terms as detailed below, the Optico Terms take priority.

For the rest of this document, when we say “Terms,” we mean the Critical Hub’s Terms & Conditions, these Optico Terms of Service, the Acceptable Use Policy, and the Subscriber Agreement

By agreeing to the Terms, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself and others in your residence who may utilize the Services.

By signing up for or in any way using the Services, you agree to the Terms, including the following:

Communicating with Critical Hub

You agree to receive all communications about the Services and your account via email, including any confirmations, bills for Services and payment receipts. However, in the event that Critical Hub determines that it is necessary to contact you by other means, you also agree that Critical Hub may contact you regarding the Services at the contact points associated with your account, including by direct mail, email, telephone calls, and SMS/text messaging.

Eligibility for Optico Fiber Services

Although we hope to make Optico Fiber available to as many people as possible as quickly as we can, you agree that it is up to Critical Hub to determine whether any Services are made available to a particular address.

You may be required to pay a service initiation fee, construction fee, or other similar fee in connection with signing up for Services. Your payment of a service initiation fee, construction fee or any other similar fee for Services to be provided at a particular address does not obligate Critical Hub to provide any Services to a particular address. Service initiation fees, construction fees and other similar fees are subject to change.

If Critical Hub determines that the address at which you receive Services is not a residential address, Critical Hub may require you to transition to another type of account or service in order to continue receiving the Services. This transition may include an increase in fees for the Services.

Installation

You agree to provide Critical Hub with all the necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your residence” below) so that the equipment necessary for you to receive the Services may be installed & configured. You agree that Critical Hub may install equipment on the exterior and interior of your residence (including affixing equipment to the outside of your residence) at any reasonable location. You also agree that Critical Hub may use, and that you have the necessary permissions to approve Critical Hub’s usage of existing facilities, including existing wiring in & around your residence, to complete the installation services.

If you rent or otherwise do not own your residence, you may be asked to provide written evidence that you have received all permissions necessary for Critical Hub to perform installation. If Critical Hub incurs any costs, including attorney’s fees, because you didn’t get the necessary authorization(s) for Critical Hub to install the equipment required for the Services, you are responsible for reimbursing Critical Hub for those costs.

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

Construction Fees

You may be charged a fee in connection with the construction and installation of the equipment necessary to deliver the Services. Critical Hub may allow some users to pay construction fees in installments. If you cancel or make certain changes to your Service plans, or your Services are otherwise terminated due to failure to comply with these Terms, before you have paid your entire construction fee, you agree to pay the outstanding construction fee balance as of the date of such change, cancellation or termination. Construction fees are subject to change. Please note, once we commence construction of services in your Fiberhood, you are responsible for the full construction fee.

Equipment

Critical Hub may provide or rent various equipment – including cables - to you in connection with your Services. If you lose or damage the equipment after installation, Critical Hub may charge you a fee for replacement equipment. Equipment fees are subject to change. Unless explicitly stated, Critical Hub owns all equipment provided in connection with the Services.

You authorize Critical Hub to install software updates & upgrades on any equipment provided by Critical Hub. You also agree not to use the Critical Hub equipment for any purpose other than using the Services.

Using the Services

The Service is a consumer grade service and is not designed or intended to be used for any commercial purpose. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to the network will vary depending upon the number, type, capabilities and configuration of the devices using the Service.

You agree not to misuse the Services, which includes using the Services for purposes that are illegal, improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. Examples of misuses and prohibited activities are set forth in our Acceptable Use Policy, which is incorporated into the Terms. You are responsible for all use & activity on the Services, whether such activity is undertaken by you or someone else. Critical Hub reserves the sole discretion to deny or restrict your Service, or immediately suspend or terminate your Service, if the use of your Service by you or anyone using it, in our sole discretion, violates the Agreement or other Critical Hub or Optico Fiber policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the Optico Fiber network, or violates the terms of the Acceptable Use Policy.

If you are using the Services in a residence or location you do not own or control, you may have agreements related to the Services with the property owners or other third parties outside of these Terms. Critical Hub is not a party to such agreements and we are not responsible nor bound by such agreements.

Resale & Redistribution

The Services are intended for the personal use of you and other occupants & guests within your residence. You agree not to resell, reprovision, rent or repackage the Services (either for a fee or without charge), or allow third parties to use the Service via a wired, wireless or other means, or otherwise make them available to anyone outside of your residence. If you wish to use the Services to provide or distribute Internet services to others outside of your physical residence, you must enter into a separate agreement with Critical Hub that authorizes you to do so.

Security.

Critical Hub makes an effort to keep its network secure, but no network security is perfect. While we may offer technical assistance, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps necessary to ensuer that your data is not accessed by unauthorized third parties. Critical Hub is not responsible for any damages to users for the Services that may be caused by unauthorized third parties.

Tranferring your phone number

Optico Fiber offers a feature rich telephone offering which includes a new phone number. If you want to keep your existing phone number, Optico Fiber will first install a temporary number for your home first for testing. You will then need you to fill out a phone number transfer form to authorize the transfer from your current provider to Optico Fiber. We will also need a copy of the first page of your current bill where the phone number appears. Please make sure your account is current with your current phone provider and that you have not yet cancelled your service with your current phone provider, to avoid delays in the phone number transfer process. To initiate the transfer, please speak with your Optico Fiber installer once your installation is completed or contact us at optico@criticalhub.com or support@criticalhub.com Once we have received all the required paperwork, the transfer process can take up to 1 week. Please note that phone services will begin billing as soon as we complete the installation, and not when your phone number is transferred. We cannot guarantee the transfer of your phone number to Optico Fiber in the event that your provider will not release the phone number.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS.

ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY CRITICAL HUB OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY W ITH RESPECT TO ADVICE PROVIDED.

CRITICAL HUB NETWORKS DOES NOT WARRANT THAT ANY OF THE SERVICE, EQUIPMENT, OR OTHER EQUIPMENT AUTHORIZED BY CRITICAL HUB 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. CRITICAL HUB 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 CRITICAL HUB FOR USE IN CONNECTION WITH THE SERVICE), RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.

IN NO EVENT SHALL THE CRITICAL HUB BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF CRITICAL HUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

THE LIABILITY OF THE CRITICAL HUB NETWORKS PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO CRITICAL HUB NETWORKS FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Critical Hub from and against all liabilities, costs and expenses, including reasonable attorneys' and experts' fees, related to or arising from your use of the Service or any other equipment used in connection with the Service (or the use of your Service or any such equipment by anyone else): (a) in violation of applicable laws, regulations or this Agreement; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; or (d) in any manner that results in claims for infringement of any intellectual property rights.