Terms and Conditions
Anthem Broadband is dedicated to customer service and strives to maintain an internet connection that provides customers with an enjoyable and reliable experience. This includes an experience that is free from unlawful and improper interference.
Your use of any Services (as defined below) provided by Anthem Broadband is conditioned on your acceptance of these Terms & Conditions, as well as any other policy set forth by Anthem Broadband. If you breach any provision of these Terms & Conditions or another Anthem Broadband policy, Anthem Broadband may suspend or terminate your account. Your use of the Services is governed by all applicable local, state, federal, and international laws and regulations. This includes, but is not limited to, all laws relating to copyright, trademark, obscenity, defamation, the right of privacy, false advertising and fraud. When using the Services you must use your best efforts to avoid interfering with any other customer’s use and enjoyment of the Services. You must also ensure that your use of the Services follow all rules pertaining to proper Internet conduct as set forth in these Terms & Conditions. Please review these Terms & Conditions carefully.
1. DEFINITION OF TERMS
“Anthem Broadband” means Anthem Broadband, LLC and its affiliates, successors, and assigns.
“Services” means the following services provided by Anthem Broadband: access service, electronic-mail service, wireless access service, filtering service, voice over internet protocol (VoIP) phone and fax service, home security, and any other services offered by Anthem Broadband and its affiliates to customer(s).
“You” means the customer agreeing to these Terms & Conditions by accepting the Services, and includes any individual or company that uses, accesses, posts, e-mails, publishes, or contacts Anthem Broadband or its customers.
“Authorized Users” means any third party permitted by you to use the Services. Authorized Users must be at least 18 years old or possess legal parental or guardian consent and supervision to use the Services.
2. COMMUNICATING ELECTRONICALLY WITH ANTHEM BROADBAND
Anthem Broadband may be required to provide certain disclosures, notices and communications (collectively “Communications”) to you in written form. Anthem Broadband will most often deliver such Communications to you in electronic form. You agree, by accepting the Services, to receive such Communications electronically and for all lawful purposes as required by the FCC or under the Telephone Communication Protection Act of 1991, and any subsequent amendments (“TCPA”).
You consent to receive electronically all Communications that Anthem Broadband may provide you in connection with your Anthem Broadband account and your use of the Services. Communications include but are not limited to:
- agreements and policies related to the Services, including updates to those agreements and policies;
- payment authorizations and transaction receipts or confirmations;
- questionnaires and marketing materials relating to Anthem Broadband products and Services or those of our affiliates;
- account statements and history; and
- all other communications or documents related to or about your account, your purchases, changes to the Services or the rates and fees we charge in connection with the Services, and your use of the Services.
Communications will be considered to be received by you upon delivery in any of the following manners:
- posting them to your online account;
- posting them on or in the Anthem Broadband website;
- emailing them to the email address associated with your account;
- communicating them to you via text message;
- communicating them to you via a mobile application; or
- otherwise communicating them to you via the Services.
To access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:
- a computer or mobile device with Internet or mobile connectivity;
- software capable of opening PDF documents;
- access to the valid email address you used to create your Anthem Broadband and;
- sufficient storage space to save Communications or a printer to print them.
You agree and acknowledge that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications for your records. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable. Also, you may contact Anthem Broadband to request another electronic copy of a Communication.
3. CONSENT TO RECEIVE TELEPHONE CALLS AND TEXT MESSAGES FROM ANTHEM BROADBAND AND ITS AFFILIATES
On occasion, Anthem Broadband or its affiliates may seek to contact you by telephone or SMS text message at the landline and/or wireless phone numbers that you have provided to Anthem Broadband. You hereby consent to such contact. These communications may be about your Anthem Broadband account, responses to inquiries that you have made to us, or for other purposes, including marketing messages about other goods or services provided by Anthem Broadband or its affiliates. Your consent authorizes us to do so under the TCPA. These SMS text messages may be sent using an automatic telephone dialing system and may include the use of prerecorded messages. Please note that you may be responsible for any charges from your telephone provider for these calls or SMS text messages. As set forth in our Online Security policy, Anthem Broadband will never request your credit card information or social security number via telephone or text message.
If you do not wish to receive these optional calls and SMS text messages, you do not have to do so. Your consent to receiving these calls and SMS text messages is not required in order to purchase or receive any Anthem Broadband Services. To revoke your consent to receive telephone calls and SMS text messages, please let Anthem Broadband know. The easiest way is by changing your settings in your account, or by calling Anthem Broadband’s Customer Relations Team at 1-208-677-8000.
4. ELIGIBILITY FOR SERVICES
You may apply for the Services online at www.anthembroadband.com. Although Anthem Broadband hopes to make Anthem Broadband available to as many people as possible, as quickly as it can, Anthem Broadband reserves the right to determine whether any Services are made available to a particular address.
If Anthem Broadband determines that the address at which you receive Services is not a residential address, Anthem Broadband may require you to transition to another type of account in order to continue receiving the Services. This transition may include an increase in any fee for the Services.
You agree to provide Anthem Broadband with all 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 and configured. You agree that Anthem Broadband may install equipment on the exterior and interior of your residence (including but not limited to laying underground conduit and/or affixing equipment to the outside of your residence) at any reasonable location. You also agree that Anthem Broadband may use, and that you have the necessary permissions to approve Anthem Broadband’s use of, existing facilities, including existing wiring in and around your residence, to complete the installation services and to maintain or upgrade the Services as necessary.
If you rent or otherwise do not own your residence, you represent and warrant that you are authorized by the property owner to order Anthem Broadband installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for Anthem Broadband to perform an installation of the Services. If Anthem Broadband incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for Anthem Broadband to install the equipment required for the Services, you are responsible for reimbursing Anthem Broadband for those costs or losses.
Acceptance of these Terms & Conditions does not guarantee that Anthem Broadband will install or provide any Services. We may need a separate agreement or easement with you or your landlord in order to install the Services.
Note that the Over-the-Air Reception Devices (OTARD) limits what restrictions a landlord, HOA, or other entity can place on your ability to install internet service.
You agree to pay any and all applicable fees for the Services you purchase, whether ordered by you, an Authorized User, or any third party with access to the Services pursuant to your Anthem Broadband account.
· You agree to pay all charges incurred. Charges shall be invoiced monthly and payment shall be due 20 days from the date of the invoice.
· You will pay all sales and use taxes, as well as duties or levies, including any long-distance phone charges arising in connection with the Services.
If any instrument received in payment is returned to Anthem Broadband unpaid, your account will be considered to be in default, and in addition to the amount past due and any late payment fees due, you will be subject to any applicable Anthem Broadband returned-check charge. You will also be subject to pay Anthem Broadband its reasonable expenses, including attorney fees and collection agency fees, incurred in enforcing its rights under any Anthem Broadband policy.
Your contract with Anthem Broadband commences upon activation of service by Anthem Broadband and remains in effect for the selected rate plan period. After the term specified in the contract has expired, the connection for the Services will automatically renew on a month-to-month basis at the customer’s current plan rate, unless terminated in accordance with these Terms & Conditions.
You may terminate this agreement upon thirty (30) days advance written notice by completing the cancelation form found on the Anthem Broadband website. If you agreed to a service plan that had a minimum term commitment and terminates prior to completion of that term, an early termination fee will be applied to the account. The termination fee will be equal to 50% of the monthly plan’s price multiplied by the number of remaining months in the agreement, or the price of installation that was waived at time of signup, whichever is less. Anthem Broadband shall have the right to suspend or terminate this agreement at any time without prior notice. You also agree that Anthem Broadband has the right to delete all data, files, or other information that resides or is stored on Anthem Broadband’s hardware, if your account with Anthem Broadband is terminated, for any reason, by either Anthem Broadband or you.
9. EQUIPMENT OR SOFTWARE
- Anthem Broadband shall install equipment and/or software for operation and maintenance of the Services at your location. The equipment and any license fees associated with software installed at your location remains the property of Anthem Broadband and will be returned to Anthem Broadband within (30) days of service termination.
- You shall be responsible for the use and compatibility of equipment or software not provided by Anthem Broadband. If your personal equipment or software impairs your use of the Services, you shall nonetheless be liable for payment of the Services. Upon notice from Anthem Broadband that your personal equipment or software is causing or is likely to cause hazard, interference, or service obstruction, you shall immediately cease and desist from using such personal equipment or software.
- You shall pay Anthem Broadband to troubleshoot difficulties, repair, or reconfigure equipment or software not provided by Anthem Broadband or for issued or damage caused by you.
- You authorize Anthem Broadband to install software upgrades on any equipment provided by Anthem Broadband. You also agree not to use the Anthem Broadband-owned equipment for any purpose other than using the Services.
10. RIGHTS AND OBLIGATIONS OF ANTHEM; DISCLAIMER OF WARRANTIES
- Anthem Broadband shall operate and maintain the Services. You shall be responsible for maintaining your own equipment and software that interfaces with the Services.
- You understand that you and your Authorized Users may access the Internet through the Services. You assume total responsibility and risk for all use of the Services and the Internet by you and any Authorized Users. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all options, advice, services, the quality of all merchandise, and other information, provided through the Services or on the Internet generally.
- You understand further that the internet contains unedited materials, some of which are sexually explicit or may be offensive to some people. You and Authorized Users access such materials at your own risk. Anthem Broadband has no control and accepts no responsibility whatsoever for such materials.
- The Services are provided on an “as is” basis and “as available” basis and Anthem Broadband does not warrant against any loss or damage as the result of interruption of the Services. No advice or information given by Anthem Broadband, its affiliates, contractors, or their respective employees shall create a warranty. Neither Anthem Broadband nor its affiliates or contractors warrant that the Services shall be uninterrupted or error-free or that any information, software or other material accessible on the Services is free of virus or other harmful components.
- Under no circumstances shall Anthem Broadband or its affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your reliance on or use of information, services or merchandise provided on or through the Services.
- If you are dissatisfied with the Services or with any terms, conditions, rules, policies, guidelines, or practices of Anthem Broadband in operating the Services, your sole and exclusive remedy is to terminate your agreement with Anthem Broadband in accordance with these Terms & Conditions and discontinue using the Services.
- Anthem Broadband has no obligation to monitor the Services. However, you agree that Anthem Broadband has the right to monitor the Services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate the Services properly, or to protect itself or its customers. Anthem Broadband reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms & Conditions, or any other Anthem Broadband policy.
- Anthem Broadband reserves the right to limit or restrict your access to the Services in accordance with the Acceptable Use and Fair Use Policy and the Network Management Policy.
- Anthem Broadband does not guarantee the actual speeds that customers will experience while using the Services because the actual speed depends on a variety of conditions, many of which are beyond the control of Anthem Broadband. Internet speed claims contained in Anthem Broadband policies, advertisements, and other sources represent only the maximum speed capabilities and may vary based on many factors. Actual Internet speeds may vary and are not guaranteed.
- Anthem Broadband does not guarantee that the Services will be available in every requesting customer’s residential area. Availability varies and speeds may not be available at all service addresses.
11. RIGHTS AND OBLIGATIONS OF CUSTOMER
For purposes of this Section 11, the term “information” means material of any type capable of being posted or transmitted on or through the Services, including material in print, graphic or pictorial form. You shall not restrict or inhibit any other user from accessing and enjoying the Services. You shall not post or transmit any unlawful, obscene or pornographic information of any kind including and not limited to any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, or international law. You shall not post or transmit any information or software which contains a virus, worm, cancelbot, or other harmful components. You shall not copy, upload, post, publish, transmit, produce, or distribute in anyway, information, software or other material which is protected by a copyright or other proprietary right, without obtaining permission from the copyright or other proprietary right, without obtaining permission from the copyright owner or right holder to do so.
If you are using the Services in a residence or other location you do not own or control (such as a rental, hospital, hotel, etc.), you may have agreements related to the Services with property owners, managers, or other third parties outside these Terms & Conditions; Anthem Broadband is not a party to such agreements and therefore is not responsible for nor bound by such agreements.
You are responsible for all financial transactions made using the Services, by you, any other Authorized User, or any third party with access to the Services, whether made knowingly or unknowingly.
13. RESALE AND REDISTRIBUTION
Services are intended for the personal use of you and other occupants and guests within your residence. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your residence.
Anthem Broadband makes an effort to keep its network secure, but no network security is perfect. While Anthem Broadband may provide technical assistance to you, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. Anthem Broadband is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.
15. CHANGING AND CANCELING SERVICES; TERMINATION
- You may change or cancel the Services in accordance with these Terms & Conditions. In addition, you may be required to pay for fees that may have been waived when you signed up for the Services. You may also be required to return all equipment provided by Anthem Broadband. If you do not return this equipment, you may be required to pay a replacement fee.
- When you change your Services by upgrading or downgrading your package, the fees will be prorated based upon the date that your Services change.
- If the customer moves to a new plan or a plan is discontinued for whatever reason, the customer will be given the option to select an appropriate plan from the list of currently available plans at the new corresponding price.
- If you request cancellation of all your Services, your Services will be available until the cancellation date you select. Once your Services are disconnected, a credit for the remaining portion of the current billing cycle will be applied towards any remaining balance. Your Anthem Broadband account will not be terminated until all billing obligations are resolved. If there is a credit balance at the time your account is terminated, it will be refunded to you following the next billing cycle.
- Anthem Broadband reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion without notice.
16. RECOURSES AND FEES
Customers or Authorized Users that engage in any conduct or activity that Anthem Broadband, in its sole discretion, believes violates any of the provisions of these Terms & Conditions or any other binding Anthem Broadband Policy, may:
- Incur up to a $100 per hour charge, or a $1000 per incident charge, whichever is greater.
- Be subject to immediate account termination.
- Agree to pay for all equipment and/or software provided by Anthem Broadband and not returned to Anthem Broadband within thirty (30) days of service.
- Agree to pay all reasonable cost incurred by Anthem Broadband for handling and processing all violations, including all legal, accounting, technical and any other applicable cost and/or charges.
Anthem Broadband’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as any waiver of any provision or right.
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflicts of law provisions. Any cause of action of the customer may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises or such claims or cause of action is barred.
18. WARRANTIES AND DISCLAIMERS
Anthem Broadband will provide the Services using a commercially reasonable level of skill and care and hopes that you will enjoy using them. There are certain things that Anthem Broadband does not promise about the Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY ANTHEM BROADBAND OR AN AGENT THEREOF, NEITHER ANTHEM BROADBAND NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY ANTHEM BROADBAND, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, ANTHEM BROADBAND DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. ANTHEM BROADBAND PROVIDES THE SERVICES AND EQUIPMENT “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, ANTHEM BROADBAND EXCLUDES ALL WARRANTIES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ANTHEM BROADBAND, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF ANTHEM BROADBAND SO CHOOSES, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, ANTHEM BROADBAND, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. WHEN PERMITTED BY LAW, ANTHEM BROADBAND, AND ANTHEM BROADBAND’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
19. COPYRIGHT COMPLAINTS
Anthem Broadband respects the intellectual property rights of others. Pursuant to the Digitial Millennium Copyright Act of 1998 (the “DMCA”), under 17 U.S.C. §§ 512(b)–(d), a copyright holder may sent Anthem Broadband a valid notification of claimed copyright infringement under the DMCA if they believe that their work has been copied and has been posted, stored, or transmitted through the Anthem Broadband website, in a manner that constitutes copyright infringement.
Anyone who believes their work has been used in a manner that constitutes copyright infringement may notify Anthem Broadband’s Designated Agent in writing with the contact information below:
Name of Designated Agent: Kevin Neal
Address: PO Box 30, Rupert, ID 83350 Email: [email protected]
Telephone Number: (208) 677-8000
All copyright infringement complaints must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A signed statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Only upon obtaining notice in compliance with the requirements above will Anthem Broadband act expeditiously to remove or disable access to the allegedly infringed material. It is Anthem Broadband’s policy, in appropriate circumstances, to terminate, limit, or suspend users’ access to the Services, in the event of any copyright infringement.
20. CHANGES TO THESE TERMS & CONDITIONS
Anthem Broadband may modify these Terms & Conditions at any time for any reason. You agree to be bound by any modification by continuing to use the Service. You should review these Terms & Conditions regularly, as updated versions will be posted on Anthem Broadband’s website. Changes will not apply retroactively. However, changes addressing new functions for Services, changes regarding the launch of new Services, or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms & Conditions, you must discontinue your use of the Services and terminate your agreement with Anthem Broadband pursuant to the procedures set forth herein