Terms of Service

FiberState Terms of Service

These Terms of Service (“Terms”) govern your use of the websites, servers, networks, hosting products, support, and other services provided by FiberState, LLC (“FiberState,” “we,” “us,” or “our”), collectively referred to as the “Services.”

These Terms, together with FiberState’s Acceptable Use Policy and Privacy Policy, form the agreement between FiberState and the customer.

“You” and “customer” mean the individual or legal entity that creates the account, orders the Services, or accepts these Terms.

By creating an account, placing an order, clicking to accept these Terms, or using the Services, you agree to all policies applicable to your Services.

If you use the Services for a company, organization, or other legal entity, you represent that you have authority to bind that entity.

1. Eligibility and Accounts

You must be at least 18 years old and legally capable of entering into a binding agreement.

You must provide accurate and current account, identity, billing, and contact information. FiberState may require identity, payment, business, or fraud verification before or after activating Services.

You are responsible for:

1. Protecting your account credentials.
2. All activity performed through your account or Services by you, your users, or anyone who obtains access through your credentials or systems, whether authorized by you or not.
3. The actions of your employees, customers, contractors, users, and anyone else who accesses the Services through you.
4. Promptly notifying FiberState of unauthorized access, compromised credentials, or security breaches.
5. Maintaining an email address capable of receiving billing, support, abuse, and legal notices.

You may not:

1. Create an account using false or misleading information.
2. Impersonate another person or entity.
3. Use an unauthorized or fraudulent payment method.
4. Create multiple accounts to evade restrictions, unpaid balances, suspensions, or enforcement actions.
5. Transfer or sell an account without FiberState’s written approval.

FiberState may reject or cancel an order because of availability, failed verification, suspected fraud, legal restrictions, prior account history, or security concerns.

2. Orders and Activation

All orders are subject to acceptance, availability, fraud screening, and payment verification.

Estimated provisioning or activation times are not guaranteed. Customizable dedicated servers are generally provisioned within one to two business days after payment and verification. Weekend and holiday orders are generally processed on the next business day. Provisioning may take longer due to inventory, order volume, configuration requirements, or other operational conditions.

You are responsible for reviewing the Service specifications before ordering. FiberState is not responsible when a Service is unsuitable for your intended use but otherwise matches the specifications stated in the order.

Service configurations, IP assignments, credentials, hardware information, and access details will be provided through the applicable Service page in the customer portal.

FiberState may delay activation until all requested verification and payment requirements have been completed.

If FiberState rejects an order before the Service is activated, FiberState will refund the amount paid for that order, less any chargeback costs or other amounts already owed by the customer.

3. Billing and Renewal

Unless an order states otherwise:

1. Services are billed in advance.
2. Recurring Services automatically renew for successive billing periods of the same length unless canceled in accordance with Section 4.
3. You authorize FiberState to charge your saved payment method for renewals, optional services, taxes, and other charges you authorize or incur under these Terms.
4. Fees are nonrefundable except where required by law, expressly stated otherwise in these Terms, or approved by FiberState in its sole discretion.
5. Any discretionary refund, credit, or exception applies only to the specific charge approved and does not create an obligation to provide similar treatment in the future.
6. You are responsible for applicable taxes, overages, remote-hands charges, shipping charges, administrative charges, and collection costs.
7. Account credits have no cash value and are not transferable or refundable.
8. Invoices must be paid on or before the due date shown on the invoice. Once a Service becomes past due, FiberState may suspend or terminate it at any time, reclaim its hardware and network resources, and permanently erase associated data. FiberState is not responsible for data loss resulting from the customer’s failure to pay or renew a Service.
9. FiberState may provide a courtesy grace period, but no grace period is guaranteed. A grace period provided on a previous invoice does not create a continuing obligation to provide one.
10. You remain responsible for charges incurred before suspension, cancellation, or termination.
11. Suspension does not cancel the Service or stop recurring charges unless FiberState expressly states otherwise.
12. The recurring price for an active Service will remain unchanged unless the customer modifies the Service, orders additional resources, or agrees to a different price.
13. Taxes, third-party pass-through charges, shipping charges, remote-hands charges, and other non-recurring charges may change without changing the recurring price of the active Service.

3.1 Chargebacks and Payment Disputes

A fraudulent, abusive, or otherwise improper chargeback or payment dispute may result in immediate suspension or termination.

Before initiating a chargeback or payment dispute, you must contact FiberState and provide a reasonable opportunity to investigate and resolve the charge.

Amounts properly owed remain due despite a chargeback or payment dispute. You may also be responsible for documented chargeback, collection, and legal costs where permitted by law.

4. Cancellation

Cancellation requests must be submitted through the cancellation function in the FiberState customer portal before the applicable renewal date.

A cancellation request is effective when it is successfully submitted through the FiberState customer portal and a cancellation confirmation is displayed or sent.

Turning off a server, discontinuing its use, failing to pay an invoice, removing a payment method, disputing a payment, or discussing cancellation with support does not cancel a Service.

You may request:

1. End-of-term cancellation, under which the Service remains active through the current paid billing period; or
2. Immediate cancellation, under which the Service may be disabled and reclaimed when the request is processed.

Immediate cancellations do not qualify for prorated refunds or credits for any unused portion of the billing period.

You remain responsible for charges incurred through the effective cancellation date.

After cancellation, dedicated hardware may be returned to inventory, and all associated data may be permanently erased without further notice.

Cancellation generally cannot be reversed after hardware has been reclaimed, reassigned, reinstalled, or wiped.

5. Self-Managed Services

Except for the initial operating-system installation selected during ordering, all Services are self-managed.

You are responsible for:

1. Installing, configuring, updating, licensing, monitoring, and securing your operating systems and applications.
2. Maintaining independent and current backups.
3. Responding to abuse complaints and security incidents.
4. Ensuring your content and use comply with applicable laws and third-party rights.
5. Obtaining and maintaining all software licenses, content permissions, intellectual-property rights, and regulatory approvals required for the customer’s use of the Services.
6. Securing all accounts, devices, applications, and networks connected to the Services.
7. Where applicable, maintaining current domain-registration and administrative-contact information.
8. Verifying configurations before FiberState performs a reinstall, wipe, RAID change, storage replacement, or other potentially destructive work.

FiberState does not provide software licenses unless expressly stated in the applicable order.

FiberState is not responsible for:

1. Customer configuration errors.
2. Compromised credentials.
3. Unsupported or unlicensed software.
4. Insecure applications.
5. Customer firewall or networking rules.
6. Actions performed through customer systems.
7. Failure to install patches or security updates.
8. Data loss resulting from customer instructions.
9. Diagnosing or repairing customer-managed software.

The Services may not be used for life-support systems, air-traffic control, nuclear operations, emergency systems, or other activity where failure could reasonably result in death, personal injury, or severe environmental damage.

6. Resellers and Downstream Users

Customers that resell, sublicense, share, or provide access to the Services remain responsible for their downstream users and for activity performed through the Services they provide.

Resellers must impose terms on downstream users that are at least as restrictive as FiberState’s Acceptable Use Policy.

A violation by a downstream user will be treated as a violation by the FiberState customer.

FiberState may restrict, null-route, suspend, or terminate an underlying Service because of downstream activity.

FiberState has no direct contractual relationship with a customer’s downstream users and is not required to provide support directly to them.

The customer is responsible for receiving and responding to complaints concerning downstream users.

7. Network Services and IP Addresses

IP addresses, autonomous-system resources, VLANs, routes, prefixes, and other network resources are assigned for temporary use with the Services and are not sold or permanently transferred to you.

You acquire no ownership interest in an IP address or network resource assigned by FiberState.

FiberState may renumber, replace, withdraw, route, filter, or null-route network resources when reasonably necessary.

FiberState does not guarantee:

1. The reputation, geolocation, or prior history of an IP address.
2. Acceptance of an IP address by third-party networks or services.
3. A particular route, carrier, transit provider, latency, or peering path.
4. Continuous availability of a route or upstream provider.
5. Symmetrical routing.
6. Continued availability of a particular IP address.
7. Compatibility with every application, game, VPN, network, or third-party provider.

FiberState may change routing, upstream providers, mitigation providers, or network architecture when reasonably necessary.

FiberState may replace an assigned IP address at its discretion but is not required to replace an address because of geolocation, reputation, blocklisting, or rejection by a third-party service.

The customer is responsible for maintaining the reputation of assigned IP addresses during use of the Services and for resolving blocklist entries caused by activity originating from the customer’s Service.

The customer is not responsible for activity occurring after the IP address has been removed from the customer’s Service.

FiberState is not required to replace an IP address to help the customer avoid an abuse complaint, blocklist entry, suspension, restriction, or enforcement action resulting from the customer’s activity.

8. DDoS Mitigation

FiberState does not guarantee that DDoS mitigation will detect or prevent every attack.

Mitigation may result in filtering, rate limiting, altered routing, increased latency, packet loss, or temporary interruption.

FiberState may limit, filter, null-route, or disable an attacked Service when the attack threatens FiberState’s network, equipment, providers, or other customers, even when the customer did not cause the attack.

DDoS mitigation is not a guarantee that every protocol, application, connection, or traffic pattern will remain reachable during an attack.

9. Bandwidth and Usage

Bandwidth may be measured by:

1. Total data transfer.
2. Committed bandwidth.
3. Port speed.
4. 95th-percentile usage.
5. Inbound or outbound usage.

If usage exceeds the purchased allocation, FiberState may limit or rate-limit the Service, suspend it, or require the customer to upgrade to a higher-bandwidth plan.

“Unmetered” or “unlimited” bandwidth does not permit activity that exceeds physical port capacity, violates the Acceptable Use Policy, disrupts other customers, or creates unreasonable network risk.

Port speed represents the maximum interface speed and is not a guarantee of continuous throughput to every destination.

Internet performance may be affected by congestion, routing, peering, remote networks, protocol overhead, single-flow limitations, customer configuration, and factors outside FiberState’s control.

10. Dedicated Hardware

All rented servers, drives, components, network equipment, and related hardware remain FiberState property unless a separate written purchase agreement states otherwise.

You acquire no ownership or security interest in rented equipment.

FiberState may replace failed, unavailable, or unsupported hardware with functionally comparable hardware.

Exact manufacturers, models, firmware versions, serial numbers, drive models, motherboard revisions, and component revisions are not guaranteed unless expressly stated in the order.

A comparable replacement may differ in manufacturer, model, firmware, revision, or appearance so long as it does not materially reduce the purchased specification.

Hardware replacement does not include:

1. Data recovery.
2. Operating-system restoration.
3. Application configuration.
4. Software licensing.
5. RAID reconstruction.
6. Data migration.
7. Customer application testing.

FiberState may attempt to preserve existing drives or configurations as a courtesy but does not guarantee preservation.

Hardware failure, replacement, reinstallation, RAID changes, controller replacement, firmware changes, storage failure, and customer-requested work may result in permanent data loss.

11. Customer Data and Backups

You retain ownership of your data and content.

You grant FiberState a limited, nonexclusive right to access, transmit, process, copy, or store your data only as reasonably necessary to:

1. Provide, secure, maintain, or support the Services.
2. Carry out customer-authorized work.
3. Investigate abuse, security, or technical problems.
4. Comply with law.
5. Enforce applicable policies.

You represent that you have the rights and permissions necessary to store and distribute your content.

You are solely responsible for maintaining independent, current, and tested backups.

FiberState does not provide backups and does not guarantee data recovery.

You must maintain a backup outside FiberState’s infrastructure.

FiberState may permanently erase data following:

1. A cancellation becoming effective.
2. Termination, or after a suspended Service is later terminated.
3. Storage-device replacement or other hardware replacement that requires reinstallation, reconfiguration, or data destruction.
4. Reinstallation.
5. Return of hardware to inventory.
6. Customer instruction.
7. Security remediation requiring a reinstall, storage wipe, or other destructive action.

Deleted data may not be recoverable.

12. Maintenance and Support

Services may be interrupted by:

1. Scheduled or emergency maintenance.
2. Hardware or software failure.
3. Network attacks.
4. Upstream-provider issues.
5. Internet conditions.
6. Utility or facility failures.
7. Customer configuration.
8. Events outside FiberState’s reasonable control.

FiberState may perform scheduled or emergency maintenance and may modify its equipment, software, facilities, routing, network, security systems, or providers.

Advance notice of emergency maintenance is not guaranteed.

Support is limited to the scope of the purchased Service.

Support availability may vary based on staffing, request volume, maintenance, emergencies, and the nature of the issue.

FiberState is not responsible for:

1. Administering customer software.
2. Managing operating systems.
3. Configuring applications.
4. Repairing customer code.
5. Managing customer firewalls.
6. Diagnosing problems outside FiberState’s equipment and network.
7. Supporting third-party products.

13. Suspension, Restoration, and Termination

FiberState may suspend or terminate Services for:

1. Nonpayment.
2. Violation of these Terms or an incorporated policy.
3. Fraud or inaccurate account information.
4. Abuse complaints.
5. Legal or regulatory requirements.
6. Provider, carrier, facility, or vendor requirements.
7. Threats to network security or stability.
8. Excessive or unauthorized usage.
9. Compromised or insecure systems.
10. Conduct creating material risk for FiberState or others.
11. Failure to respond to a time-sensitive abuse, billing, or security notice.

Suspension may prevent access to:

1. The operating system.
2. Data stored on the Service.
3. Remote-management interfaces.
4. Remote consoles.
5. Backup systems.
6. Network connectivity.

FiberState is not required to temporarily restore a suspended or null-routed Service to permit data retrieval.

FiberState may require payment of all overdue amounts and applicable restoration, reconnection, remote-hands, or administrative charges before restoring a Service.

Payment of overdue amounts does not require FiberState to restore a Service that has already been terminated, reclaimed, reassigned, wiped, or otherwise made unavailable.

Restoration is not guaranteed after hardware has been reclaimed or reassigned, an operating system has been reinstalled, data has been erased, or IP addresses have been reassigned.

Termination resulting from nonpayment, a policy violation, fraud, abuse, or other customer-caused breach does not entitle the customer to a refund.

Amounts owed before termination remain due.

Following termination, FiberState may immediately reclaim rented hardware, IP addresses, and network resources.

Termination may be immediate and without advance notice when permitted by these Terms or reasonably necessary to protect FiberState, its network, its equipment, its providers, or other customers.

14. Privacy, Investigations, and Legal Requests

FiberState may access, preserve, and disclose account, traffic, system, or service information when reasonably necessary to:

1. Comply with law, valid legal process, court orders, or lawful governmental requests.
2. Investigate fraud, abuse, security incidents, or technical problems.
3. Enforce FiberState policies.
4. Protect FiberState, its customers, its providers, or the public.
5. Respond to customer support requests.
6. Protect FiberState’s legal rights.
7. Address an emergency involving a risk of death or serious harm.

FiberState may cooperate with law enforcement, courts, regulators, rights holders, network providers, and other parties when reasonably necessary to investigate abuse, protect the Services, enforce these Terms, or comply with law.

Personal information will otherwise be handled according to the Privacy Policy.

15. Colocation and Customer-Owned Equipment

This section applies only when FiberState agrees to host, store, connect, receive, or otherwise handle customer-owned equipment.

15.1 Customer Equipment

The customer represents that it owns, leases, or is otherwise authorized to possess and operate all equipment delivered to FiberState.

Customer equipment must:

1. Be suitable for operation in a commercial data-center environment.
2. Fit within the assigned space.
3. Comply with applicable electrical, fire, safety, and facility requirements.
4. Remain within the purchased power and cooling allocation.
5. Be properly labeled, mounted, secured, grounded, and maintained.
6. Not interfere with FiberState, the facility, or another customer.
7. Not create an unreasonable electrical, fire, heat, noise, vibration, radio-frequency, security, or operational risk.

FiberState may refuse, disconnect, move, or require removal of equipment that is unsafe, unauthorized, improperly installed, defective, or exceeds the purchased allocation.

Batteries, uninterruptible power supplies, liquid-cooling systems, radio equipment, hazardous materials, and equipment producing unusual heat, noise, vibration, or power demand require prior approval.

15.2 Physical Access

All facility visits must be scheduled in advance.

Customers and their representatives must be escorted by FiberState personnel or authorized facility personnel at all times. Unescorted access is not permitted.

FiberState may require:

1. A current authorized-access list.
2. Government-issued photo identification.
3. Confirmation through the customer account or support system.
4. Sign-in and sign-out.
5. Compliance with facility security and safety procedures.

FiberState may deny, delay, or revoke access when:

1. Identity or authorization cannot be verified.
2. The visit was not scheduled.
3. An escort is unavailable.
4. The account is suspended, terminated, or past due.
5. Access would create a safety, security, or operational risk.
6. The person violates facility rules.
7. FiberState reasonably suspects fraud, theft, abuse, or unauthorized activity.
8. Emergency conditions make access unsafe or impractical.

Customers and their representatives may not:

1. Access, inspect, photograph, record, or interfere with another customer’s equipment.
2. Photograph or record the facility without approval.
3. Tamper with facility power, cooling, fire suppression, security, network, or building systems.
4. Bring unauthorized persons into the facility.
5. Bring weapons, hazardous materials, food, or open beverages into technical areas.
6. Perform unsafe or disruptive work.
7. Leave equipment, tools, packaging, or other property outside approved areas.

FiberState must retain access to customer equipment when reasonably necessary for emergencies, facility maintenance, troubleshooting, safety, security, abuse investigations, legal compliance, or preventing damage.

15.3 Power, Cabling, and Facility Rules

Customers may use only the space, circuits, ports, cross-connects, bandwidth, and other resources assigned to them.

Customers may not:

1. Exceed their purchased power allocation.
2. Run unauthorized cabling.
3. Connect to another customer’s equipment.
4. Access facility power distribution, cooling, network, security, or building systems.
5. Block airflow, aisles, fire-suppression systems, access panels, or emergency equipment.
6. Alter cabinets, racks, floors, walls, doors, locks, or facility fixtures.
7. Install locks or access controls that prevent FiberState from obtaining necessary access.

FiberState may disconnect equipment or circuits without advance notice when reasonably necessary to address an immediate safety, electrical, heat, fire, security, or operational risk.

The customer is responsible for reasonable costs resulting from unauthorized work, unsafe installations, excessive power usage, or damage caused by customer equipment or personnel.

15.4 Remote Hands

Remote-hands services are billed at $100 per hour in 30-minute increments, with a minimum charge of 30 minutes, unless a different rate is stated in writing.

Billable time may include:

1. Reviewing customer instructions.
2. Locating equipment.
3. Obtaining facility or cabinet access.
4. Performing the requested work.
5. Testing or documenting the work.
6. Restoring the work area.

Remote-hands services may include:

1. Power cycling equipment.
2. Reading indicator lights.
3. Connecting or disconnecting clearly labeled cables.
4. Replacing customer-provided components.
5. Connecting a crash cart.
6. Providing photographs.
7. Receiving or preparing equipment for shipment.
8. Other basic physical tasks agreed to by FiberState.

Remote hands do not include system administration, application support, data recovery, forensic analysis, or complex technical work unless separately agreed.

The customer must provide complete and accurate instructions.

FiberState may refuse instructions that are:

1. Unsafe.
2. Unclear or incomplete.
3. Destructive.
4. Outside the agreed Service.
5. Likely to affect another customer.
6. Likely to result in data loss without clear authorization.
7. Beyond the reasonable ability of available personnel.

FiberState may rely on instructions submitted through the customer portal, an authenticated support ticket, or an authorized contact listed on the customer’s account.

The customer accepts the risks inherent in physical work, including accidental shutdown, cable disconnection, component failure, configuration loss, and data loss.

15.5 Shipping and Storage

Customers must notify FiberState before sending equipment.

Shipments must be properly packaged, addressed, labeled, and associated with the correct customer account.

FiberState may refuse unidentified, unexpected, unsafe, oversized, damaged, or cash-on-delivery shipments.

FiberState is not responsible for damage or loss occurring before delivery to FiberState or after transfer to a shipping carrier.

Incoming equipment may remain in FiberState’s receiving or staging area for up to 30 days after delivery without storage charges.

After 30 days, FiberState may move the equipment to storage and charge reasonable storage and handling fees until the equipment is installed, collected, shipped, returned, or otherwise removed.

The 30-day period does not require FiberState to install, connect, power, configure, or test the equipment.

The customer is responsible for arranging and paying for return shipping, packing, pickup, removal, or disposal.

FiberState is not required to release or ship customer-owned equipment until all applicable shipping, packing, handling, storage, remote-hands, and removal charges have been paid.

15.6 Ownership, Suspension, and Removal

Customer-owned equipment remains the customer’s property.

FiberState does not acquire ownership merely because equipment is delivered to or located at a FiberState facility.

FiberState may suspend physical access, power, network connectivity, cross-connects, or other services because of:

1. Nonpayment.
2. Unsafe equipment or conditions.
3. Abuse or security concerns.
4. Unauthorized access.
5. Excessive power usage.
6. Violation of FiberState policies.
7. Legal, carrier, facility, or governmental requirements.

Suspended equipment does not need to remain powered, connected, or accessible through the network.

The customer remains responsible for applicable service, space, storage, packing, shipping, handling, and removal charges.

FiberState may require all overdue account balances and applicable access, remote-hands, storage, packing, shipping, and handling charges to be paid before scheduling access to or release of customer-owned equipment, except where prohibited by law.

Following cancellation or termination, the customer must promptly arrange removal or shipment of its equipment.

If equipment remains after termination, FiberState may send a removal notice to the customer’s account email address or customer portal.

Unless applicable law requires a longer period, the customer will have at least 30 days from the removal notice to arrange pickup or shipment.

During that period:

1. The equipment does not need to remain powered.
2. Network access does not need to remain active.
3. FiberState may move the equipment to secure storage.
4. Storage, packing, shipping, handling, and removal charges may accrue.

Equipment does not automatically become FiberState property because an invoice is unpaid or a Service is terminated.

After required notices and any period required by law, FiberState may dispose of, recycle, destroy, or otherwise handle unclaimed equipment only as permitted by applicable law.

The customer remains responsible for unpaid service, storage, packing, shipping, handling, removal, disposal, and collection charges.

15.7 Data and Risk of Loss

FiberState is not responsible for inspecting, preserving, backing up, copying, recovering, or deleting data stored on customer-owned equipment.

The customer is responsible for:

1. Maintaining current backups.
2. Removing sensitive information.
3. Encrypting storage media where appropriate.
4. Securely erasing or destroying storage devices before disposal where appropriate.
5. Complying with applicable privacy and data-retention requirements.

If equipment is legally treated as abandoned or is properly disposed of, FiberState may erase, overwrite, physically destroy, or arrange for destruction of storage media.

FiberState does not guarantee that any erasure or destruction method will satisfy the customer’s regulatory or security requirements unless a specific destruction service is separately agreed in writing.

FiberState is not an insurer, warehouse operator, or guarantor of customer equipment.

To the maximum extent permitted by law, FiberState is not responsible for equipment loss or damage caused by:

1. Fire or smoke.
2. Water or flooding.
3. Theft or vandalism.
4. Power events.
5. Cooling failure.
6. Hardware or component failure.
7. Packaging or shipping damage.
8. Natural disasters.
9. Carriers, vendors, facility operators, or other third parties.
10. Events outside FiberState’s reasonable control.

FiberState will use reasonable care when physically handling customer equipment.

16. FiberState Intellectual Property

The FiberState name, website, branding, documentation, software, designs, and original materials belong to FiberState or its licensors.

You may not copy, modify, distribute, sell, frame, scrape, republish, or commercially use FiberState materials or trademarks without written permission, except as permitted by law.

You may not use FiberState’s branding in a manner that falsely suggests sponsorship, endorsement, partnership, or affiliation.

FiberState may use voluntary feedback and suggestions without compensation but does not acquire ownership of customer data or confidential information merely because feedback was provided.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.”

FIBERSTATE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AVAILABILITY, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

FIBERSTATE DOES NOT WARRANT THAT THE SERVICES WILL PREVENT ATTACKS, DATA LOSS, UNAUTHORIZED ACCESS, HARDWARE FAILURE, SOFTWARE FAILURE, NETWORK INTERRUPTION, MALWARE, OR THIRD-PARTY ACTIONS.

Some jurisdictions do not permit certain exclusions, so portions of this section may not apply to you.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIBERSTATE AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, SUPPLIERS, AND PROVIDERS WILL NOT BE LIABLE FOR:

1. Lost profits, revenue, business, customers, or opportunities.
2. Loss, corruption, destruction, or disclosure of data.
3. Business interruption.
4. Substitute services or equipment.
5. Loss of goodwill or reputation.
6. Indirect, incidental, special, exemplary, punitive, or consequential damages.
7. Attacks, malware, third-party conduct, or Internet failures.
8. Customer configuration, software, or security failures.
9. Failure of a backup or recovery process.
10. Actions reasonably taken to enforce FiberState policies or protect the network.

FIBERSTATE’S TOTAL LIABILITY ARISING FROM AN AFFECTED SERVICE WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE FOR ONE MONTH OF THAT SERVICE.

These limitations apply regardless of the legal theory and even if FiberState was advised that damages were possible.

They do not apply where prohibited by law.

19. Indemnification

You agree to defend, indemnify, and hold harmless FiberState, its affiliates, providers, owners, officers, employees, and contractors from claims, damages, liabilities, penalties, judgments, and reasonable legal fees arising from:

1. Your use or misuse of the Services.
2. Your data, content, customers, or users.
3. A violation of FiberState policies or applicable law.
4. Infringement of another party’s rights.
5. Activity performed through your account or Services.
6. A dispute between you and your customers or users.
7. Software, content, or services you provide through FiberState.
8. Your failure to secure or maintain your systems.

FiberState may assume control of the defense of a covered claim, and you agree to reasonably cooperate.

You may not settle a claim in a manner that imposes liability, fault, an admission, or an obligation on FiberState without written approval.

20. Governing Law and Dispute Resolution

These Terms are governed by Utah law and applicable federal law, without regard to conflict-of-law principles.

Except for eligible small-claims matters or temporary or emergency injunctive relief, disputes between you and FiberState will be resolved through binding individual arbitration rather than in court.

Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules when those rules apply and otherwise under its Commercial Arbitration Rules.

Arbitration will take place in Salt Lake County, Utah, or by telephone or video conference, unless applicable law or the applicable AAA rules require otherwise.

Claims may not be brought as a class, collective, consolidated, or representative action.

The arbitrator may grant relief only to the individual party seeking relief.

If arbitration does not apply, the state and federal courts located in Salt Lake County, Utah will have exclusive jurisdiction.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY DISPUTE THAT IS NOT RESOLVED THROUGH ARBITRATION.

Nothing prevents FiberState from seeking emergency relief to protect its systems, equipment, network, intellectual property, or confidential information.

21. Sanctions and Export Compliance

You may not use or provide the Services in violation of United States sanctions, export-control laws, trade restrictions, or applicable foreign-trade laws.

You represent that:

1. You are not prohibited from receiving the Services.
2. You are not acting on behalf of a prohibited person or entity.
3. You will not export, reexport, transfer, or provide the Services in violation of law.
4. You will obtain any required licenses or authorizations.

FiberState may refuse, restrict, suspend, or terminate Services when necessary to comply with sanctions, export laws, or governmental requirements.

22. Electronic Notices

FiberState may provide billing, renewal, suspension, abuse, service, policy, and legal notices through:

1. The customer portal.
2. A support ticket.
3. The email address associated with the account.
4. A website notice for policy changes, maintenance, outages, or other matters generally applicable to multiple customers.

Notices sent to the account email address are considered delivered when sent unless FiberState receives a delivery-failure notification.

Notices posted in the customer portal are considered delivered when posted.

Notices sent through a support ticket are considered delivered when posted to the customer’s account.

You must keep your contact information current and regularly monitor your email, support tickets, and customer portal.

Failure to receive or read a notice because of outdated information, spam filtering, mailbox limits, or failure to monitor the account does not invalidate the notice.

Legal notices may be sent to noc@fiberstate.com.

Abuse reports may be sent to abuse@fiberstate.com.

23. Changes to These Terms

FiberState may update these Terms and incorporated policies.

Material changes may be communicated by email, customer-portal notice, or website notice.

Unless a different date is stated, material changes become effective 30 days after notice. Changes required by law, security concerns, abuse prevention, or immediate operational needs may become effective sooner.

Continued use of the Services after an update takes effect constitutes acceptance of the updated Terms or policy.

If you do not agree to a change, you must cancel the affected Services before the change becomes effective.

24. Force Majeure

Neither party is responsible for failure or delay caused by events beyond its reasonable control, including natural disasters, war, civil unrest, governmental action, labor disputes, utility failures, telecommunications failures, Internet disruptions, cyberattacks, fires, floods, facility failures, transportation interruptions, equipment shortages, or third-party-provider failures.

The affected party will use commercially reasonable efforts to reduce the effect where practical.

This section does not excuse the customer’s obligation to pay amounts already due for Services provided.

25. General Provisions

25.1 Entire Agreement

These Terms, together with FiberState’s Acceptable Use Policy, Privacy Policy, and applicable order details, form the complete agreement between you and FiberState regarding the Services.

They replace any earlier discussions, statements, representations, or agreements concerning the same Services.

25.2 Conflicting Terms

If the applicable order details expressly state that they override a provision of these Terms, the order details will control only for the specific Service and specific provision identified.

If the Acceptable Use Policy or Privacy Policy conflicts with these Terms, these Terms will control unless the other policy expressly states that it controls for the specific subject matter.

All other provisions of these Terms remain effective.

25.3 Assignment

You may not transfer your account, Services, or rights under these Terms without FiberState’s prior written approval.

FiberState may transfer its rights or obligations under these Terms as part of a merger, sale, financing, reorganization, acquisition, or transfer of all or part of its business.

25.4 No Waiver

If FiberState does not enforce a provision immediately, that does not waive its right to enforce the provision later.

A waiver of one violation does not waive any other violation.

25.5 Severability

If any provision of these Terms is found invalid or unenforceable, it will be modified or removed only to the minimum extent necessary.

The remaining provisions will continue in effect.

25.6 Headings

Section titles and headings are provided only for convenience and do not change or limit the meaning of these Terms.

25.7 Relationship of the Parties

These Terms do not create a partnership, joint venture, employment relationship, agency relationship, franchise, or fiduciary relationship between you and FiberState.

Neither party has authority to bind the other unless expressly agreed in writing.

25.8 Electronic Acceptance

These Terms may be accepted electronically.

Creating an account, placing an order, clicking to accept these Terms, or using the Services has the same effect as signing a written agreement.

25.9 Informal Communications

A support ticket, email, chat message, or oral statement does not modify these Terms unless the modification is expressly stated in writing and approved by an authorized representative of FiberState.

25.10 No Third-Party Rights

These Terms are solely for the benefit of you and FiberState and do not give any rights or remedies to downstream users or other third parties.

25.11 Survival

Provisions that by their nature should continue after cancellation or termination will remain effective, including provisions concerning:

1. Unpaid charges.
2. Ownership.
3. Customer data.
4. Disclaimers.
5. Limitation of liability.
6. Indemnification.
7. Dispute resolution.
8. FiberState’s enforcement rights.

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