Last revised February 4, 2021 (Rev 1.3)

Please read these terms carefully. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions.

WELCOME TO PLANET NETWORKS

Thanks for using Planet Networks’ products, equipment and services (“Services”). The Services are provided by Planet Networks Inc., located at 4 Park Place, Newton, NJ 07860, United States, or one of its subsidiaries (Planet Networks Inc. and its subsidiaries are referred to below as “Planet Networks”).

The Planet Networks Small Business Terms of Service (“Terms”) means the terms specified below.  By agreeing to the Terms in this agreement (“Agreement”), you represent that you are at least eighteen years old and capable of and authorized to enter into a legally binding agreement on behalf of yourself and others in your business who may use the Services. By signing up for or using the Services, you agree to these Terms.

COMMUNICATING ELECTRONICALLY WITH PLANET NETWORKS

We may be required to provide certain disclosures, notices, and communications (collectively “Communications”) to you in written form. We will deliver such Communications to you in electronic form. Your agreement to these Terms confirms your ability and consent to receive such Communications electronically.

You consent to receive electronically all Communications that we may provide you in connection with your Planet Networks account and your use of the Services. Communications include:

• agreements and policies related to the Services, including updates to those agreements and policies;

• payment authorizations and transaction receipts or confirmations;

• 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 Planet Networks Website;

• emailing them to the email address associated with your account;

• 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;

• a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;

• software capable of opening PDF documents;

• access to the valid email address you used to create your Planet Networks account; and

• sufficient storage space to save Communications or a printer to print them.

By consenting to this Policy, you confirm 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 Planet Networks to request another electronic copy of a Communication. We reserve the right to terminate your use of the Services if you decline or withdraw consent to receive electronic Communications, except that you may decline to receive telephone calls and text messages without having your service terminated, as set out in the following section.

CONSENT TO RECEIVE TELEPHONE CALLS AND TEXT MESSAGES FROM PLANET NETWORKS AND ITS AFFILIATES

On occasion, Planet Networks may seek to contact you by telephone or SMS text message at the landline and/or wireless phone numbers that you have provided to us. These communications may be about your Planet Networks account or responses to inquiries that you have made to us. These calls or SMS text messages may be sent using an automatic telephone dialing system and may include the use of prerecorded or artificial voices. Please note that you may be responsible for any charges from your telephone provider for these calls or SMS text messages.

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 Planet Networks Services. To revoke your consent to receive telephone calls and SMS text messages, please let us know. The easiest way is by changing the settings in your account at https://my.planet.net or by calling our customer service team at 1-833-3PLANET.

ELIGIBILITY FOR PLANET NETWORKS SERVICES

You may apply for Planet Networks Services online at https://getplanetfiber.com/ Although we hope to make Planet Networks available to as many people and businesses as possible as quickly as we can, Planet Networks reserves the right to determine whether any Services are made available to any address.

If Planet Networks determines that the address at which you receive Services is not a business address, Planet Networks may require you to transition to another type of account in order to continue receiving the Services. This transition may include a different fee for the Services.

PLANET NETWORKS INSTALLATION

You agree to provide Planet Networks with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your premises” below) so that the equipment necessary for you to receive the Services may be installed and configured. You agree that Planet Networks may install equipment on the exterior and interior of your premises (including but not limited to laying underground conduit and/or affixing equipment to the outside of your building or facility) at any reasonable location. You agree that Planet Networks may take photographs of the equipment installed by or on behalf of Planet Networks on the exterior or interior of the premises for quality control purposes. You also agree that Planet Networks may use, and that you have the necessary permissions to approve Planet Networks’s use of, existing facilities, including existing wiring in and around your premises, to complete the installation services.

If you rent or otherwise do not own your premises, you represent and warrant that you are authorized by the property owner to order Planet Networks installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for Planet Networks to perform installation services. If Planet Networks incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for Planet Networks to install the equipment required for the Services, you are responsible for reimbursing Planet Networks for those costs or losses.

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

CONSTRUCTION AND INSTALLATION FEES

Sometimes we may need to charge a fee in connection with the construction or installation of your network connection (“construction fee” or “installation fee”). We will only charge you if we notify you of a construction or installation fee during the online sign-up process. Planet Networks may allow some users to pay construction or installation 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 the entire construction or installation fee, you agree to pay the outstanding construction or installation fee balance as of the date of such change, cancellation or termination. Construction and installation fees are subject to change.

PLANET NETWORKS EQUIPMENT

Planet Networks may provide or rent various pieces of equipment to you in connection with the Services. In some cases, to use the provided equipment, you will need to review and agree to terms of service governing use of the equipment. If you lose or damage this equipment after installation, Planet Networks may charge you a fee for replacement equipment at the full retail price. Equipment fees are subject to change.

Unless explicitly stated otherwise on an invoice for purchase, Planet Networks owns all equipment provided by Planet Networks in connection with the Services. From time to time, Planet Networks may offer you equipment that you may purchase in connection with the Services under separate terms to be provided with such equipment.

You authorize Planet Networks to install software upgrades on any equipment provided by Planet Networks. You also agree not to use the Planet Networks-owned equipment for any purpose other than using the Services.

SERVICE COMMITMENT AND PRICE GUARANTEE

When you subscribe to Planet Networks Fiber Internet for Small Business, unless your quote says otherwise, you do not enter into a service commitment and are free to cancel at any time. However, you agree to pay recurring monthly service fees in advance of the billing cycle in which you will receive the Services, so any request for cancellation will take effect at the end of the billing cycle. See the Billing and Payment and Changing and Canceling Services; Termination sections below.

The pricing you receive when you subscribe to Planet Networks Fiber Internet for Small Business will remain valid for at least twelve (12) months from the date your Services are installed. In addition, Planet Networks will provide you with at least twelve (12) months’ notice of any increase in pricing for your Services. Customers under a term contract shall have their pricing remain valid for the duration of their contract term.

STATIC AND DYNAMIC IP ADDRESSES

When you subscribe to Planet Networks for Small Business, you will receive a dynamic IP address. For an additional monthly fee, you can sign up to utilize 1, 5, or 13 static IP addresses as part of your Services. If you choose one of the static IP address options, we will register the IP address(es) with the legal business name and address you provide at the time you sign up for Service in the public whois database published at http://whois.arin.net or the Planet Networks rWhois service which publishes internet records.

 USING YOUR OWN NETWORK ROUTER

If you order Planet Networks Fiber Internet for Small Business, we will provide you with an Ethernet handoff and optionally and for additional monthly expense, a router, or you can use your own router. If you do use your own router, you are responsible for making sure that your router is used in accordance with our Small Business Acceptable Use Policy posted at https://www.planet.net/sbaup. Although we hope to make the Service compatible with as many network routers as possible, we cannot guarantee that your router will work with the Service. You must use your own router if you order the 5 or 13 static IP add-on options.

USING PLANET NETWORKS SERVICES

You agree not to misuse the Services, which includes using the Services for purposes that are illegal, are 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 Small Business Acceptable Use Policy, which is incorporated into these Terms. You are responsible for all activity on the Services, whether such activity is undertaken by you or someone else.

As described in the Small Business Acceptable Use Policy, you may not resell the Services directly or indirectly. You agree, for example, not to provide the Services in hotel rooms, dormitory rooms in residence halls, private hospital rooms, or shared or rented office spaces that are paid for by customers. You may, however, provide the Services in common areas on your premises, such as lobbies, dining rooms, or waiting areas.

If you are using the Services in a premises or other location that you do not own or control (such as a multiple unit building, strip mall, office park, etc.), you may have agreements related to the Services with property owners, managers, or other third parties outside these Terms; Planet Networks is not a party to such agreements and therefore is not responsible for nor bound by such agreements.

RESALE AND REDISTRIBUTION

The Services are intended to be used by you, your employees, your customers and other users in the ordinary course of business. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your premises.

SECURITY

Planet Networks makes an effort to keep its network secure, but no network security is perfect. While Planet Networks 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. Planet Networks is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.

BILLING AND PAYMENT

You agree to pay any and all applicable fees for the Services you purchase, whether ordered by you, someone authorized by you or someone with access to the Services pursuant to your Planet Networks account.

Planet Networks will send all bills and other required notices by email to the address associated with your account. You may also access this information through your online Planet Networks account. You agree to pay recurring monthly service fees in advance of the billing cycle in which you will receive the Services. Planet Networks will bill one-­time charges in the billing cycle following your authorization of such charges.

You authorize Planet Networks to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. Planet Networks will email a bill to the email address associated with your account. The bill will indicate the date the amount you owe will be collected via your designated payment method (which may be the same date your bill is sent if permitted by applicable laws). If payment is not received due to insufficient funds or for any other reason, Planet Networks may, consistent with applicable laws, assess late payment fees and/or suspend or terminate the Services if payment is more than thirty (30) days past due. NOTE: With prior written arrangement for national/corporate accounts paying for a branch office or store location when paying quarterly may have up to sixty (60) days to remit such payments. Government entites including state governments, municipalities, and schools shall have 60 days to pay invoices and Planet Networks will follow the customary purchase order process for such customers.

If you request that Planet Networks reinstate any suspended or terminated Services, Planet Networks may charge you a reconnection fee. You agree that Planet Networks is not responsible for any third-party charges you may incur in connection with your use of the Planet Networks Services.

CHANGING AND CANCELING SERVICES; TERMINATION

You may change or cancel the Services at any time, but you may be required to pay for certain construction or installation fees that may have been waived when you signed up for the Service. (As noted above, any construction fee would have been disclosed to you during sign-up.) You may also be required to return some or all of the equipment. If you do not return this equipment, you may be required to pay a replacement fee.

When you change your Service by upgrading or downgrading your package, the fees will be prorated based upon the date that your Service changes.

If you request cancellation of all your Services, your Services will be available until the cancellation date you select. Once your service is disconnected, a credit for the remaining portion of the current billing cycle will be applied towards any remaining balance. Your Planet Networks 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 the last used payment method in your Planet Networks account.

If your Services included free or paid-for subscriptions to services other than those provided by Planet Networks (for example, Office 365, Netflix, Hulu, etc.), Planet Networks will stop covering the costs of those services at the time your account is terminated or suspended. It will be up to you to work with the provider of those services to determine whether you wish to continue subscribing to those services and how you will pay for them.

Planet Networks reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion without notice. If you are under a contract, Planet Networks will not terminate service during the contract term provided payments are made in full and on a timely basis.

COMMITMENT TO ONLINE SAFETY

Planet Networks is committed to online safety for minors, and Planet Networks complies with all applicable laws related to protecting minors online. This includes reporting cases of child abuse or exploitation to the National Center for Missing and Exploited Children. You can access additional information about minors’ online safety by visiting www.ncmec.org.

OUR WARRANTIES AND DISCLAIMERS

We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY PLANET NETWORKS OR AN AGENT THEREOF, NEITHER PLANET NETWORKS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY PLANET NETWORKS, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T 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. WE PROVIDE 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, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PLANET NETWORKS, 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 WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, PLANET NETWORKS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

WHEN PERMITTED BY LAW, PLANET NETWORKS, AND PLANET NETWORKS’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

COPYRIGHT ISSUES

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices here.

BUSINESS USES OF OUR SERVICES

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Planet Networks and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

DISPUTES

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.

Arbitration. Planet Networks and you agree to arbitrate all disputes and claims that arise from or relate to these Terms or the Services, except for claims arising from bodily injury. This agreement to arbitrate is intended to be broadly interpreted, including, for example:

• claims arising under any legal theory;

• claims for mental or emotional distress or other emotional/mental injury arising from the relationship between us;

• claims that arose before you accepted these Terms (such as claims related to disclosures or the marketing of the Services);

• claims that may arise after the termination of your use of the Services or any agreement between us; and

• claims brought by or against our respective subsidiaries, parent companies (including Planet Networks Inc. whether or not it is a parent company at the time of the dispute), members, as well as the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities, you, and Planet Networks.

This arbitration agreement does not preclude either you or Planet Networks from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. Nor does this arbitration agreement bar you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Planet Networks on your behalf.

You agree that, by entering into this agreement, we are each waiving the right to a trial in a court or to participate in a class or representative action. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Notice of disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Planet Networks should be sent to Planet Networks’s agent for service of process, Fein, Such, Kahn, & Shepard (“FSKS”), at the following address “Planet Networks Notice Address”):

Planet Networks Inc. c/o Fein, Such, Kahn & Shepard, 7 Century Dr, Parsippany, NJ 07054

Planet Networks will send notice to you at the e-mail and mailing addresses associated with your account. Your notice to Planet Networks must (a) provide your name, mailing address, email address, and your Planet Networks account number; (b) describe the dispute; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration. Unless we agree otherwise, your demand for arbitration should be sent to Planet Networks at the Planet Networks Notice Address above.

Arbitration procedures. The arbitration will be governed by your choice between the Commercial Arbitration Rules or the Consumer Arbitration Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. Unless we agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence (or principal place of business if you are a small business). If the value of your claim is $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing. If the value of your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider but is not bound by rulings in other arbitrations between Planet Networks and Planet Networks residential subscribers. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.

Costs of arbitration. The AAA’s fee schedule is subject to change and may be found in the AAA Rules (available online at www.adr.org). Planet Networks will pay all AAA filing, administrative, and arbitrator fees for any arbitration that Planet Networks commences. If you provided Planet Networks with 30 days’ notice of your intent to arbitrate before commencing arbitration and the value of your claim is $75,000 or less, Planet Networks will pay your share of any such AAA fees. If the value of your claim is between $75,000 and $300,000, your share of any such fees will be capped at $200 (unless the law of your state requires Planet Networks to pay all such fees). And if the value of your claim exceeds $300,000, the allocation of AAA fees will be governed by the AAA Rules (unless the law of your state requires Planet Networks to pay all such fees). If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be governed by the AAA Rules. In such cases, the arbitrator may direct you to reimburse Planet Networks for amounts that Planet Networks paid on your behalf.

No class arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND PLANET NETWORKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

30-Day Opt-Out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS IN THIS DISPUTES SECTION, YOU MUST NOTIFY PLANET NETWORKS BY IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW).

Future changes to arbitration provision. If Planet Networks makes any changes to this Disputes section of these Terms (other than a change to the address at which Planet Networks will receive notices of dispute), you may reject any such change by completing this online change rejection form. It is not necessary to reject a future change to this arbitration provision if you had properly opted out of this arbitration provision within the first 30 days after you accepted these Terms. By rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject.

CHANGES TO THESE TERMS

We may modify these Terms to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these terms on this page by indicating the date the Terms are last modified. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service, changes regarding the launch of a new Service, or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service and contact us to change or terminate your Services.