This is your terms of service ("Terms of Service") and applies to your use of our crazy fast Ting Internet service (“Services”) and any physical devices necessary to bring you that service ("Devices").
These Terms of Service apply to all of the Services we offer and all of the Devices we sell or provide. Please read them carefully.
Your Terms of Service become effective when you accept them, which you do by applying to purchase, actually purchasing, or using any of the Ting Services. When you accept these Terms of Service, you represent that you are at least 18 years of age.
We may change our Terms of Service, including our prices, from time to time. Unless expressly prohibited by law, we reserve the right to modify or cancel our service or your account or take corrective action at any time and for any reason, including, but not limited to, your violation of any provision of these Terms of Service. Check our website (ting.com/internet) for our most recent Terms of Service.
We provide fiber Internet services using our own or leased fiber optic cables for residential and business use.
Taxes and Surcharges
Prices for our services do not include taxes or regulatory fees. We charge state and local sales taxes on all services; these may change without notice.
If you think that there has been an error in any charge to your account, you must notify us promptly after the charge appears on your account. You can contact us using the methods indicated on our website. If you do not notify us promptly, you waive any right to dispute the charge, including in arbitration or a court proceeding. If we determine that the disputed charge was inappropriate and was raised by you in a timely manner, we will credit, refund or provide other compensation to you. If we credit, refund or provide other compensation to you to settle a disputed charge, you agree that the dispute is fully and finally resolved and not subject to further proceedings.
Account suspension for declined payments or credit card chargebacks
If we have attempted to charge your registered payment method for a charge that we deem is authorized and valid under the Terms of Service, and the credit/debit card company withholds such payment, we reserve the right to suspend your access to our Services until payment is received. For a credit card chargeback, if the chargeback is not resolved and reversed, your account will similarly be suspended. In the event of repeated account suspensions for non-payment, we may, without limiting any other rights available to us, require pre-payment of funds in order to allow you to continue to use the Services.
Refunds and returns
Charges are non-refundable. In the event that you rent or borrow equipment from Ting, you may need to return it or, if you fail to return it, pay for it. You will be informed if equipment is provided that we expect you to return and, when you terminate your agreement with us, we will also tell you if there is equipment we expect to be returned. Failure to return within the time period specified will result in us issuing you a bill for reimbursement.
You agree not to use any of our Services in any way that is illegal, fraudulent, threatening, or abusive, as we determine in our sole discretion. You may not use our Services, for any illegal purpose, including to harass, threaten, abuse, defame, or slander any individual or entity. You may not use our service in a manner that interferes with another customer's use of our Services or our underlying infrastructure. You are legally and financially responsible for all activity on your account, regardless of who initiates the activity.
Here’s a short list of some of the things you can’t use Ting Internet Services for:
- Spam: Don’t send unsolicited email, participate in email bombing, create proxy emails for the purposes of spamming, distribute Usenet spam, or do any other type of unsolicited commercial advertising.
- Illegal Uses: This includes, but is not limited to: death threats, terrorist threats, and any other uses related to terrorism, threats of harm or harassment to individuals, organizations, or businesses, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, doing the RICO, defamation, slander, and advocating human violence or hate crimes based upon religion, gender, ethnicity, or country of origin.
- Child Sexual Abuse Material: Just don’t. We have a zero tolerance policy on CSAM and we’ll turn you over to the authorities and cooperate with them as much as we possibly can to help them in their investigation of your activity.
- Interfering with networks, devices or services: This includes the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks (DDoS), the storage, distribution, fabrication, or use of malware including virus software, rootkits, password crackers, adware, keystroke capture programs, and other programs normally used in malicious activity, any activity associated with “phishing” or “pharming” (and all other cutsie variants of those activities) or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretenses and all activity related to illegally or maliciously gaining access to a system, device, or network for which you do not have explicit permission.
- Copyright Infringement: This includes direct copyright infringement as defined and noted under Title 17, Section 512 of the United States Code. Maybe think about subscribing to Netflix or Hulu.
Suspension or Termination of Service
We reserve the right to issue a warning and to suspend or terminate your service and access to the ting.com/internet website or any other website we operate or to our service at any time if we determine in our sole discretion that you have violated the Terms of Service or any of our rules or policies or for any other reason in our sole discretion.
Use of Your Information
We are legally and contractually obligated to cooperate with law enforcement in the investigation of violations of law. We may disclose to law enforcement authorities and governmental agencies any information, including your name, account history, account information, or other transmission data properly requested by law enforcement. Where allowed, we will tell you before we provide them with this information, to give you the option to quash their request. If we cannot give you advance notice for any reason and we are allowed to, we will tell you as soon as possible after the fact. You can see more information about the kinds of requests we’ve received and the type of data we provide in our Quarterly Transparency Report. You can also always submit a Data Request to find out what information we have about you and whether we have shared that information with anyone (if we are allowed by law to tell you).
Ting Fiber Website
If there’s a disagreement, we both agree to try to settle it first by talking to each other in good faith. We’re always open to hear your possible solutions and we want to work together. That said, whatever efforts are made to settle a disagreement amicably, no one forfeits any of the rights set forth in this document by those efforts. If we are unable to resolve an issue within 90 days after first contact about that issue, WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THESE TERMS OF SERVICE, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION. THE ARBITRATOR MUST FOLLOW THESE TERMS OF SERVICE. Please contact us with any dispute by emailing us at firstname.lastname@example.org; provide a description of the problem, all relevant documents/information and your proposed resolution. We will contact you at the email address or phone number that we have on file for you or by mail to your service address. We each agree to negotiate in good faith to resolve any dispute. If necessary, either you or we may seek an injunction or other equitable relief for breaches or threatened breaches of these Terms of Service in order to prevent irreparable injury or preserve the status quo. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. sections 1-16.
Limitation of Liability
We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary, or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any of our Services or Devices. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; (3) any damages that result from any product or service provided by or manufactured by third parties; or (4) any unauthorized or disputed charges for our services that appeared more than 30 days earlier on your online account statement which you did not promptly dispute in accordance with the Terms of Service. You acknowledge that no fiduciary or other special relationship exists between you and us, either by virtue of the Terms of Service or your use of our Services and Devices, or otherwise.
We do not manufacture our Devices. The only warranties applicable to our Devices are those extended by the manufacturers. We have no liability, therefore, in connection with Devices or for manufacturers' acts or omissions.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. WE DO NOT PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
You agree to indemnify and hold harmless us and our affiliates and their respective officers, agents, partners, and employees, from any and all liabilities, settlements, penalties, claims, causes of action, and demands brought by third parties (including any costs, expenses, or attorneys' fees on account thereof) resulting from your use of our Services or Devices, or use of our Services or Devices by another person who uses your connection to our Services or who uses Devices issued to you, whether based in contract or tort (including strict liability) and regardless of the form of action.
Effect of Terms of Service
These Terms of Service supersede all oral or written communications and understandings between you and us with respect to our products and services and the terms under which they are offered and provided to you. If any part of the Terms of Service is declared invalid or unenforceable, all other parts of the Terms of Service are still valid and enforceable. No provision of the Terms of Service provides any person or entity not a party to the Terms of Service with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third-party beneficiary rights.
Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand, or otherwise, arising out of your use of the ting.com/internet website shall be subject to the exclusive jurisdiction of the federal or state courts located within the State of California. Unless otherwise specified herein, any disputes of a legal nature, whether a claim, complaint, arbitration demand, or otherwise, arising out of your use of our Services or Devices shall be subject to the exclusive jurisdiction of the federal or state courts located within the state that your service address is in.
You may notify us by electronic means via our website. Notices will be considered effective after we receive them.
You may not assign your rights or delegate any of your duties under the Terms of Service without our prior written consent and any attempted assignment or delegation without such consent is void. We may assign all or part of the Terms of Service or your debts to us without notice.
Trademarks and Licenses
The Ting name and logo are registered trademarks of Tucows, Inc. These terms were last updated on 27 August 2021.