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FORETHOUGHT.net Fiber Terms & Policies

Welcome to FORETHOUGHT.net Fiber Terms & Policies
FORETHOUGHT.net Fiber Terms of Service
FORETHOUGHT.net Fiber equipment and services (“Services”) are provided by FORETHOUGHT.net, located at 2347 Curtis St, Denver, CO 80205, United States. 
In addition to the language below, these FORETHOUGHT.net Fiber Terms of Service include FORETHOUGHT.net Terms of Service. In the event anything in the FORETHOUGHT.net Terms of Service conflicts with any of the FORETHOUGHT.net Fiber Terms of Service below, the FORETHOUGHT.net Fiber Terms of Service take priority.
For the rest of this document, when we say “Terms,” we mean both the FORETHOUGHT.net Terms of Service and these FORETHOUGHT.net Fiber Terms of Service.
If you are accessing the Services through an arrangement with a third party who has a direct relationship with FORETHOUGHT.net Fiber (for example, a landlord, building manager, hotel, hospital, other retail establishment or employer), the Terms below regarding ownership, payments, billing and installation of FORETHOUGHT.net Fiber equipment may not apply to you.
By agreeing to the Terms, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself and others in your residence who may utilize the Services.
By signing up for or in any way using the Services, you agree to the Terms, including the following:

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

Eligibility for FORETHOUGHT.net Fiber Services
Although we hope to make FORETHOUGHT.net Fiber available to as many people as possible as quickly as we can, you agree that it is up to FORETHOUGHT.net Fiber to determine whether any Services are made available to a particular address.
Your payment of a pre-registration fee, construction fee or service initiation fee for Services to be provided at a particular address does not obligate FORETHOUGHT.net to provide any Services to a particular address. If you pay a pre-registration, construction or service initiation fee for the provision of Services at a particular address and FORETHOUGHT.net decides not to initiate Services to that address for any reason other than your failure to fulfill your contractual obligations, FORETHOUGHT.net will refund those fees.
If FORETHOUGHT.net determines that the address at which you receive Services is not a residential address, FORETHOUGHT.net may require you to transition to another type of account in order to continue providing the Services. This transition may include an increase in fees for the Services.

FORETHOUGHT.net Fiber Installation
You agree to provide FORETHOUGHT.net with all necessary access to the location at which 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 FORETHOUGHT.net may install equipment outside your residence (including affixing equipment to the outside of your residence). You also agree that any person present inside your residence may grant access and authorize FORETHOUGHT.net to perform installation services in and around your residence, and that such authorization will have the same effect as if you had authorized the installation services yourself. You also agree that FORETHOUGHT.net may use, and that you have the necessary permissions to approve FORETHOUGHT.net’s use of, existing facilities, including existing wiring in and around your residence, in performing the installation services.
If you rent or otherwise do not own your residence, you may be asked to prove that you have received all permissions necessary for FORETHOUGHT.net to perform installation services. If FORETHOUGHT.net incurs any costs, including attorneys’ fees, because you did not get the necessary authorization(s) for FORETHOUGHT.net to install the hardware required for the Services, you are responsible for reimbursing FORETHOUGHT.net those costs.
At or around the time of installation, you will be asked to sign a form indicating your acceptance of the installation and reiterating your agreement to pay all of the fees associated with the Services you have signed up to receive.

FORETHOUGHT.net Fiber Equipment
Depending on what Services you purchase from FORETHOUGHT.net, various pieces of equipment will be necessary to provide you with Services. During installation, FORETHOUGHT.net provide you with equipment that we will own. FORETHOUGHT.net maintains its ownership over (1) all equipment up to and including the Network Interface Unit (the location outside your residence where FORETHOUGHT.net Fiber physically connects its network to your residence) and (2) the Fiber Jack and Network Box installed in your residence.
FORETHOUGHT.net may repair or replace equipment according to warranty policies applicable to each particular piece of equipment; such warranty policies will be provided at or around the time of installation. Equipment may be new or refurbished.
FORETHOUGHT.net does not provide battery backup for equipment it provides to you. If you lose power to your home and do not have an independent power source, FORETHOUGHT.net Fiber’s Services will become unavailable.
You authorize FORETHOUGHT.net to install automatic software upgrades on any FORETHOUGHT.net Fiber-issued equipment. You also agree not to use the FORETHOUGHT.net Fiber equipment for anything but its intended purpose.

Using FORETHOUGHT.net Fiber Services
You agree not to misuse the Services. This includes but is not limited to using the Services for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. A list of examples of prohibited activities appears here. You are responsible for all activity on the Services provided to you by FORETHOUGHT.net, whether such activity is undertaken by you or someone else.
If you are using FORETHOUGHT.net Fiber Services in a residence or other location you do not own or control (such as a hospital, hotel, etc.), you may have agreements related to the Services with property owners, managers, or other third parties outside these Terms of Service; FORETHOUGHT.net is not a party to such agreements and therefore is not responsible for nor bound by such agreements.

Resale and Redistribution
The FORETHOUGHT.net Fiber Services are intended for the personal use of you and others with whom you share your residence (including, within reason, guests who are visiting you). You agree not to resell or repackage the Services for use by people other than those with whom you share your residence. If you wish to use the FORETHOUGHT.net Fiber Services to provide Internet service to others, you must enter a separate agreement with FORETHOUGHT.net that specifically authorizes you to do so.

Security
FORETHOUGHT.net makes an effort to keep its network secure, but no network’s security is perfect. You should be sure to take whatever steps you believe are necessary to ensure that your data is not accessed by unauthorized third parties.

Privacy
FORETHOUGHT.net takes your privacy seriously. You understand and agree that information provided to and collected by FORETHOUGHT.net in connection with the Services is subject to the FORETHOUGHT.net Privacy Policy and the FORETHOUGHT.net Fiber Privacy Notice. 

Billing and Payment
You agree to pay any and all fees associated with use of the Services which you receive, whether authorized by you or by someone else with access to the Services provided pursuant to your FORETHOUGHT.net Fiber account.
FORETHOUGHT.net 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 FORETHOUGHT.net Fiber account. You agree to pay recurring monthly service fees in advance of the month in which you will receive the Services. FORETHOUGHT.net will bill one-time charges, such as video content purchases, in the billing cycle following your authorization of such charges.
You authorize FORETHOUGHT.net to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. FORETHOUGHT.net will email a bill to the email address associated with your account. That bill will indicate the date the amount you owe is collected via your designated payment method (which may be the same date your bill is sent). If a payment collection is denied due to insufficient funds or for any other reason, FORETHOUGHT.net may assess late payment fees and/or terminate or suspend Services if it does not receive payment for charges within thirty (30) days after such charges are billed. 

Termination and Cancellation
You may cancel Services at any time, but you may be required to pay certain fees for early termination. FORETHOUGHT.net reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion, for any reason, without notice.  Cancelations must be submitted in writing at http://success.forethought.net/cancel.
FORETHOUGHT.net may agree to allow some users to pay certain construction fees in installments. If you are permitted to participate in such a program and decide to cancel the Services, or your Services are otherwise terminated, before you have paid your entire construction fee, you agree to pay the balance of any outstanding fee remaining at time of cancellation or termination.
FORETHOUGHT.net may require you to pay a fee for devices we provide to you when you install the Services.  Upon termination of services with FORETHOUGHT.net you are responsible to return all equipment or you may be charged full price for all equipment not returned.  

Customer Support
As part of its Services, FORETHOUGHT.net provides Customer Support either through our support line at 303-815-1000, or tickets can be opened online anytime at support@FORETHOUGHT.net.    

Commitment to Online Safety
FORETHOUGHT.net is committed to online safety for minors, and FORETHOUGHT.net 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 our 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 do not promise about our Services. OTHER THAN AS EXPRESSLY SET OUT IN THE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY FORETHOUGHT.net OR AN AGENT THEREOF, NEITHER FORETHOUGHT.net NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY FORETHOUGHT.net FIBER, 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 NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Copyright Issues
We respond to notices of alleged copyright infringement 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.

Businesses
If you wish to subscribe to any Services on behalf of a business, please contact FORETHOUGHT.net directly at 303-815-1827 or email sales@forethought.net.  Additional terms of service apply to use of the Services by a business.

FORETHOUGHT.net Fiber
Privacy Statement for FORETHOUGHT.net:
FORETHOUGHT.net will not sell or divulge any personal information, including email addresses, to third parties, except when required by law. You can be assured FORETHOUGHT.net's policy on privacy is held to high standards. This also means we will not sell any personally identifiable information you supply us.
Your rights:
Your customer information is proprietary, and to safeguard your privacy, this information will not be shared with or sold to any outside company. What we consider your private information includes: who you are, where you live, what services you have, how you use those services. We believe most strongly that this information is *nobody's business but yours*, and that we as a service provider have no right whatsoever to give that information to other people. Your private information will be used only in ways necessary to provide service to you or required by law.
User information:
When you subscribe to FORETHOUGHT.net, you will be asked to give us contact information, such as your name, phone number, and physical address. In addition, financial information that is collected is only used to bill the user for products and services. This information is never distributed to third-parties.
FORETHOUGHT.net may from time to time engage in a co-marketing agreement with a third-party company. However, if we do this, we will manage the mailing, and your information will remain private - no third-party company will ever receive your personal information.
We will not intercept customer communications except: a) when required by law in the course of an investigation with proper warrants, or b) when vital to the course of diagnosing a customer or general network problem, and may be used to resolve an issue in a timely manner.
Security:
Our service has security measures in place to protect the loss, misuse, and alteration of the information under our control from outside our record keeping. In addition, we have instituted an internal policy safeguarding your personal information from being distributed outside our company by employees. We will treat violations of this policy very seriously.
support@FORETHOUGHT.net

Additional information we collect
To sign up for Fiber, users will be asked to provide an existing email account or to create a new one. You may be asked to provide additional personal information, such as billing address, service address or location, or credit card information when you sign up for Fiber.
We may also obtain and use information about our Fiber users from outside sources for marketing purposes (such as commercially available demographic, geographic, or interest information).
We may have a record of whether third party permission was required to install Fiber equipment for a Fiber user, as well as the third party’s name and contact information. In order to carry out a request to watch a pay- per-view program or other on-demand content, we may collect certain personal information, such as account or billing information and information about the product or service purchased.
During the initial provisioning or installation of Fiber services, and during any subsequent changes, updates or attempts to resolve issues you bring to our attention, we may access, and collect technical information from or about, televisions, set-top boxes, computer and network hardware and software, modems, or other systems or devices used in connection with Fiber.

How we use information we collect
The FORETHOUGHT.net Privacy Policy explains how we use information we collect.
All information we collect about the use of FORETHOUGHT.net TV (including use of programs and applications available through FORETHOUGHT.net TV) may be associated with the FORETHOUGHT.net Account being used for FORETHOUGHT.net Fiber TV.

Technical information collected from the use of FORETHOUGHT.net Fiber Internet for network management, security or maintenance may be associated with the FORETHOUGHT.net Account you use for Fiber. Other information from the use of FORETHOUGHT.net Fiber Internet (such as URLs of websites visited or content of communications) will not be associated with the email Account you use for Fiber, except with your consent or to meet any applicable law, regulation, legal process or enforceable governmental request.

FORETHOUGHT.net Fiber
We do things a little differently at FORETHOUGHT.net.  You can switch between plans or add video packages to the FORETHOUGHT.net + TV Service at any time.  However, there may be some costs associated with switching or terminating, and we want to make sure you understand them.  Terms and cost vary depending on the install location.  If monthly service fees are waved in lieu of payment for installation fees and service is terminated before the contract is completed, you may be responsible for any and all dues not yet paid. 
Gigabit + TV Subscribers may also choose from a number of video add-on packages. Subscribers can manage their video add-on packages at any time. Additions will be effective immediately with any pro-rated increase appearing on the next monthly bill. TV add-on packages are pre-paid one month in advance, so a customer request to drop an add-on package will take effect on the first of the month following the request. During the remainder of the pre-paid month, the Subscriber may continue to enjoy the video add-on package.

Non-refundable Construction Fee.
Construction fees will very on the service area.  If construction fees are waived in lieu of service agreement and services are cancelled before termination of contract, you can be held responsible for any and all construction fees. 
If a Free Internet Subscriber switches to either Gigabit Internet or Gigabit + TV during the first year and has an outstanding balance due on the Construction Fee, FORETHOUGHT.net Fiber will waive the balance of the Construction Fee for the remainder of the year, as long as the Subscriber continues to be a paid Subscriber. Conversely, if a Gigabit Internet or Gigabit + TV Service switches to Free Internet during the first year, the Construction Fee will no longer be waived and the Subscriber will be charged a pro-rated amount of the Construction Fee, based on the number of months remaining in the first year.
The Construction Fee is non-refundable and any outstanding balance is due in full if service is terminated during the first year.

Devices

Devices included with Free Internet, Gigabit Internet, & Gigabit + TV Service:
Device for all Subscribers*    
Replacement Price
(not including tax)
Fiber Jack    
$100
Network Box    
$200
* actual devices and corresponding replacement prices are subject to change

All FORETHOUGHT.net Fiber Subscribers will receive at no charge a Network Box and Fiber Jack (or combination thereof) for their use; however, these devices are owned by FORETHOUGHT.net. If the device is lost or it is damaged by a Subscriber, FORETHOUGHT.net may charge the Subscriber the Replacement Price for a new device.
Terminating your Service: If you rent your home, please check with your landlord about what to do with the Network Box and Fiber Jack; otherwise, FORETHOUGHT.net will provide you with return instructions for these devices.

Additional Devices included with Gigabit + TV Service:
Gigabit + TV devices*    
Initial charge
(not including tax) Replacement Price (not including tax)

Storage Box
$300 (waived) - as long as Subscriber keeps Gigabit + TV
service for 24 months    
$300

TV Box
$120 (waived) - as long as Subscriber keeps Gigabit + TV    
 
(one included)    
service for 24 months    $250

Additional TV Box(es)
$120 one time or $5 per month for 24 months    
$250

Remote Control
one included with each TV Box    
$50

Nexus 7 Tablet
(8GB)
$150 (waived) - as long as Subscriber keeps Gigabit + TV
service for 24 months    
$150
* actual devices and corresponding replacement prices are subject to change
Subscribers to the Gigabit + TV Service commit to a 2 year contract and thereby receive one Storage Box, one TV Box with a remote control, and a Nexus 7 Tablet. FORETHOUGHT.net waives the Initial Price for the Storage Box, one TV Box with a remote control, and a Nexus 7 Tablet for Gigabit + TV Subscribers, as long as the Subscriber continues to be a Gigabit + TV Subscriber for 2 years. Please see the Early Termination for Gigabit
+ TV Subscribers to understand what happens if the Subscriber does not keep the Gigabit + TV Service for 2 years.

At any time, Gigabit + TV Subscribers may order additional TV Box(es), each with a bundled remote control, at the Initial Price.

If there is loss or damage caused by a Subscriber, FORETHOUGHT.net may charge the Subscriber the Replacement Price for a new device. Please review the FORETHOUGHT.net Limited Warranty to understand warranty information for these devices.

Early Termination for Gigabit + TV Subscribers
If a Gigabit + TV Service Subscriber cancels or switches service before the end of the 2 year contract, the Initial Price for the Storage Box, one included TV Box, and Nexus 7 Tablet will no longer be waived. Subscribers will have two options:
1.    Return the Storage Box, the included TV Box with remote control, and the Nexus 7 Tablet to FORETHOUGHT.net in good working order within 45 days of cancellation or change in Service; or 
2.    Pay a pro-rated amount of the Initial Price for the Storage Box and one included TV Box, based on the number of months remaining in the 2 year contract as follows:
 
SERVICE OFFERING CHARACTERISTICS
The advertised speed of the subscriber’s chosen FORETHOUGHT.net  Fiber Internet offering is the maximum speed expected to be achievable for that service offering. Several factors may affect the actual speed of the FORETHOUGHT.net service offerings at any particular point in time. These factors include, but are not limited to: the capability of the subscriber's device used to access FORETHOUGHT.net Fiber; the capability of the home network between the subscriber's device and FORETHOUGHT.net Fiber; the capability of websites or other Internet services accessed by the subscriber; the connectivity and capacity of Content Delivery Networks (CDNs); the subscriber’s use of FORETHOUGHT.net Fiber TV service; and network congestion/other Internet traffic.

Bandwidth is provided on a per-subscriber basis. The subscriber's bandwidth is shared by all connected devices within the subscriber's home.

NETWORK SECURITY
FORETHOUGHT.net engages in network management practices intended to address threats to its network and subscribers. FORETHOUGHT.net reserves the right at any time to take action necessary to protect the integrity of its network and other parts of the Internet. This may include terminating or suspending service to subscribers who engage in activity that violates the FORETHOUGHT.net Terms of Service, including but not limited to activity that threatens to undermine the integrity of FORETHOUGHT.net Fiber’s network or services.

FORETHOUGHT.net Fiber uses industry standard tools and generally accepted best practices and policies to prevent subscribers and other Internet users from experiencing the negative effects of Internet threats such as viruses, spam, denial of service attacks, and other unwanted or harmful online content and activities.
Please notify FORETHOUGHT.net of any perceived network security or other Internet threats.

ATTACHMENT OF DEVICES
FORETHOUGHT.net  subscribers may attach any device of their choice to the FORETHOUGHT.net Fiber Internet service that is compatible with the FORETHOUGHT.net Fiber network (i.e., supports IPv4 and/or IPv6 via Ethernet or Wi-Fi technologies), does not violate the FORETHOUGHT.net Terms of Service, and does not cause harm to the network, other users, or the provision of Internet access service. The performance a user experiences may vary depending on the capability and configuration of devices being used on the service.

INFORMATION ABOUT FORETHOUGHT.net TV SERVICES
The FORETHOUGHT.net  Internet and TV service offerings share capacity on the fiber-optic connections to subscribers’ homes. To provide customers with a consistently high-quality video service, the capacity available for the FORETHOUGHT.net Internet service may be reduced if subscribers are utilizing FORETHOUGHT.net TV services and, in particular, if subscribers are watching or recording multiple FORETHOUGHT.net TV streams simultaneously.

CONTACT INFORMATION
FORETHOUGHT.net’s contact page provides ways for subscribers to reach us by phone, or email. You can contact support at 303-815-1000 or support@forethought.net and we can handle any questions you may have.

FORETHOUGHT.net  TERMS
Liability for our Services
WHEN PERMITTED BY LAW, FORETHOUGHT.net, AND FORETHOUGHT.net SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FORETHOUGHT.net, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM 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, FORETHOUGHT.net, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

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 FORETHOUGHT.net 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.

About these Terms
We may modify these terms or any additional terms that apply to a Service 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. We’ll post notice of modified additional terms in the applicable Service. 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 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.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between FORETHOUGHT.net and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
For information about how to contact FORETHOUGHT.net, please visit our contact page.

Device Information
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). FORETHOUGHT.net may associate your device identifiers or phone number with your FORETHOUGHT.net Account.

Accessing and updating your personal information
Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.