Vast Terms & Conditions

THE VAST BROADBAND ACCEPTABLE USE POLICY

In this AUP, “Service(s)” refers to any internet-related service you are receiving from Vast Broadband or its affiliates including but not limited to dial-up, Wireless, High Speed Internet Access, Dedicated Internet access, Managed Service, web hosting, data center hosting, Enterprise hosting, or Unified Messaging. By using any such Vast Broadband Service you agree to abide by and be bound by the terms and conditions of this AUP.  This AUP may be revised by Vast Broadband at any time by posting on the Vast Broadband website.

Read the full acceptable use policy.

VAST RESIDENTIAL USER AGREEMENT

BY PLACING AN ORDER WITH CLARITY TELECOM, LLC D/B/A VAST BROADBAND, OR ANY OF ITS AFFILIATES (INDIVIDUALLY AND COLLECTIVELY REFFERED TO AS “VAST”), CUSTOMER HEREBY AGREES TO THE TERMS OF THIS VAST RESIDENTIAL USER AGREEMENT (THIS “AGREEMENT”).

1. OVERVIEW. The terms and conditions of this Agreement apply to the provision of any and all telecommunications and related services (“Services”) provided by Vast to Customer. Please visit our website for the complete terms and conditions applicable to Customer, which are each incorporated herein by this reference.

2. TERM AND TERMINATION. The term of this Agreement shall commence upon the initial installation or activation of any Service and shall continue in full force and effect on a month-to-month basis unless earlier terminated in accordance with the terms of this Agreement. Customer may terminate this Agreement by providing thirty (30) days' advance written notice to Vast. Vast may terminate this Agreement at any time upon written notice to Customer. Customer shall pay to Vast, immediately upon request, all sums then due and unpaid at the time of termination and return all Vast Equipment to Vast within ten (10) days of the date on which the Services are disconnected. Customer must return all Vast Equipment in working order, with the exception of normal wear and tear. If Customer fails to return the Vast Equipment or returns the Vast Equipment other than in good working order, Vast may charge Customer its then-current standard replacement fee for such Equipment. Vast has the right to retrieve any Vast Equipment you fail to return.

3. RATES AND CHARGES. The rates and charges for the Services are set forth in the Residential User Terms, together with any and all of Vast's tariffs, as applicable and as amended from time to time. With respect to any Service provided by Vast to Customer for which a rate is not specified in the Residential User Terms, Vast's standard retail rates shall apply. Customer shall make all payments when due as set forth in Section 5 below.

If you are able to demonstrate an inability to pay directly attributable to COVID-19, Vast provides flexible payment arrangements for past due accounts on an individual case basis. Vast's Customer Service Representatives are authorized to give up to 10 days beyond the soft disconnect date or 25 days after the due date which falls 55 days after the invoice is mailed/received. Vast's Collections Department and Regional Managers are authorized to approve all payment arrangements. Vast does not approve extending payment arrangements beyond 60 days unless there are extenuating circumstances.

4. TAXES AND SURCHARGES. In addition to the rates and charges for the Services, Customer shall be responsible for payment of all local, state and federal taxes, fees and surcharges, however designated, imposed on or based upon the provision, sale, or use of the Services and any related equipment, excluding taxes based on Vast's net income. Customer shall be responsible for payment of all surcharges in effect from time to time, including but not limited to USF surcharges, as required or permitted by applicable law, regulation or tariff and/or as specified on the Vast website at www.vastbroadband.com.

5. BILLING AND PAYMENT. Billing for any Service shall commence immediately following delivery of the Services to Customer's service address(es). Customer will receive a bill on or about the 1st of each month for the prior month's usage-based Services (including pro-rata charges for new services added during the prior month) and in advance for the current month's monthly charges. All bills are due and payable upon receipt. If Customer's bill is not paid by the date listed on the bill (the “Due Date”), Customer shall pay Vast, in addition to the amount of the bill, a monthly late charge of $10. Customer must provide Vast with written notice of any disputed charge(s) within thirty (30) days after the invoice date listed on the bill or Customer shall be deemed to have waived its right to dispute the charges. Customer shall pay the invoiced amount by the Due Date, provided that payment of an invoice shall not be deemed a waiver of Customer's right to later dispute an invoice within the time period established in this Section. The dispute notice must be in writing and include reasonable detail information concerning the disputed charges and reasons for the dispute. Vast and Customer shall attempt in good faith to promptly resolve any objection to the invoiced amount. If the dispute is resolved in favor of Customer, Vast shall issue a credit on Customer's subsequent invoice for the disputed amount. If Vast initiates legal proceedings to collect any amount due hereunder and Vast substantially prevails in such proceedings, then Customer shall pay the reasonable attorneys' fees and costs incurred by Vast in prosecuting such proceedings and any appeals therefrom. In the event Customer fails to pay any invoice when due, or provide Vast with a notice of dispute, Vast shall notify Customer regarding its failure to pay such invoice. If, after Vast has provided such notice, Customer fails to pay such invoice(s) within 5 days after receipt of such notice, Vast may, in addition to any other rights and remedies available to Vast, suspend service under this Agreement until all outstanding invoice(s) are paid in full. In addition, Vast may elect to terminate this Agreement and shall be entitled to seek and exercise such rights and remedies that may otherwise be permitted hereunder or at law or in equity. One-time, non-recurring online payments will be charged a $1.99 processing fee.

6. CUSTOMER PREMISES AND EQUIPMENT. To provide the Services, Vast may need to enter Customer's home or other property where the Services will be provided (the “Premises”). Vast may enter the Premises to install, configure, maintain, inspect, upgrade, replace, and remove the Services or to retrieve Equipment. Customer represents and warrants that Customer owns the Premises or has obtained the authority to give Vast access to the Premises. Customer represents and warrants that Customer owns the Customer Equipment or has obtained the authority to give Vast access to the Customer Equipment. Vast may certify certain Customer Equipment or recommend particular configurations. Any other Customer Equipment or configuration may not meet Vast's minimum technical or other specifications (a “Non-Recommended Configuration”). Vast reserves the right to deny support for the Services, or terminate the Services, if Customer uses a Non-Recommended Configuration. VAST SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO THE CUSTOMER EQUIPMENT, EXCEPT DUE TO VAST'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NOR DOES VAST MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT NON RECOMMENDED CONFIGURATIONS. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY VAST THAT CAUSES DAMAGE, LOSS, OR DESTRUCTION TO THE CUSTOMER EQUIPMENT, VAST WILL PAY, AT VAST'S SOLE DISCRETION, FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $500. THE FOREGOING REPRESENTS CUSTOMER'S SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.

7. VAST EQUIPMENT. “Vast Equipment” means all new or reconditioned equipment that Vast provides or leases to Customer, including without limitation cabling or wiring, electronic devices, set-top boxes, adapters, telephones, gateways, optical network terminals, extenders, antennas, modems, routers, CableCARDs, and any other hardware, software, and programs contained within Vast Equipment or downloaded to Customer Equipment by Vast. Customer may use the Vast Equipment exclusively in connection with Customer's authorized use of the Services. Vast Equipment does not constitute a fixture, and shall not be deemed affixed to or a fixture of, the Premises. Vast shall determine, in its sole discretion, which models of Vast Equipment it provides to Customer and may remove or change the Vast Equipment at Vast's discretion at any time the Services are active or following the termination of the Services, which removal or change may interrupt the Services. Customer may not tamper with, sell, lease, abandon, or give away the Vast Equipment, or permit any other service provider to use the Vast Equipment, at any time. The Vast Equipment may only be used on the Premises unless expressly permitted by Vast. IF CUSTOMER ATTEMPTS TO INSTALL OR USE THE VAST EQUIPMENT OR SERVICES AT A LOCATION OTHER THAN THE PREMISES OR A LOCATION OTHERWISE EXPRESSLY AUTHORIZED BY VAST, THE SERVICES MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY. Customer may not allow anyone other than Vast or its agents to service the Vast Equipment. Customer is solely responsible for loss, repair, replacement, and other costs, damages, fees, and charges if Customer does not return the Vast Equipment to Vast in undamaged, good working condition (normal wear and tear excepted). Vast at all times shall retain title to and ownership of the Equipment. For purposes of clarity, Customer at all times shall retain title to and ownership of the "cable home wiring", as such term is defined at 47 C.F.R.§76.804, and Customer shall at all times be solely responsible to inspect, maintain, repair, upgrade and replace such cable home wiring as required to receive Services.

8. CREDIT APPROVAL. Vast's provision of Services is subject to the credit approval of Customer. As part of the credit approval process, Vast may require Customer to provide a deposit or other security. Additionally, if Customer's financial circumstances or payment history becomes reasonably unacceptable to Vast, Vast may require adequate assurances of future payment as a condition of continuing provision of the Services. Customer's failure to provide adequate assurances required by Vast is a material breach of this Agreement. Vast may provide Customer's payment history or other billing information to any credit reporting agency or industry clearinghouse.

9. SECURITY. Vast has adopted and implemented, and will maintain, a corporate information security program designed to protect Customer information, materials and data accessed and possessed by Vast from loss, misuse and unauthorized access or disclosure. Such program includes formal information security policies and procedures. The Vast information security program is subject to reasonable changes by Vast from time to time. Vast's standard service offerings do not include managed security services such as encryption, intrusion detection, monitoring or managed firewall. Customer is responsible for selecting and using the level of security protection needed for all Customer data stored or transmitted via the Service and using reasonable information security practices, including those relating to the encryption of data.

10. CUSTOMER RESPONSIBILITIES. Customer acknowledges that operation of the Services is dependent on the following, each of which Customer shall be solely responsible for providing: (a) broadband Internet connectivity (if and to the extent not provided by Vast as part of the Services); (b) all equipment, software, facilities and/or Internet Protocol connectivity necessary to reach and interoperate with the Service and the Vast network, including a direct, wired connection to the ONT (Optical Network Terminal); or cable modem; and (c) all other equipment, software and other facilities to be installed, including without limitation, cables, routers, ethernet adapters and/or ports. Customer will reasonably cooperate with Vast or its agents to install the Services. Customer is responsible for damage to Vast-owned facilities and equipment located on Customer premises, excluding reasonable wear and tear, or damage caused by Vast. Vast may refuse to install Services or may discontinue and disconnect Services without notice, if any condition on Customer's premises is unsafe or likely to cause injury to any person using Services.

11. CUSTOMER NOTIFICATION AUTHORIZATION. Customer agrees by submitting a mobile number and or email address, Customer is consenting to Vast's communications with Customer by phone, text, and email. Communication will include but will not be limited to installation / service reminders, account status, payment due date, payment confirmation, account changes, promotional offers and outage information. This is a free service from Vast. However, a customer's mobile service provider may charge Customer to send/receive text messages depending on the terms of Customer's mobile account.

12. INTELLECTUAL PROPERTY. All Services, information, documents, and materials provided or made available by Vast are or may be protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively, “Marks”) of Vast are and shall remain Vast's exclusive property. Nothing in this Agreement gives Customer the right or license to use any of the Marks.

13. USE OF SERVICES. Customer will not use Services: (a) for fraudulent, abusive, unlawful or destructive purposes, including unauthorized or attempted unauthorized access to, or alteration, abuse or destruction of, any Vast or third party information; (b) in any manner that causes interference with Vast's or another's use of the Vast-provided network; or (c) for any other purpose not specifically authorized by this Agreement. Customer will cooperate promptly with Vast to prevent third parties from gaining unauthorized access to the Services via Customer's facilities. Vast shall have the right (but not the obligation) to take protective action against Customer in order to protect Vast's network from any unauthorized use, which protective action may include, without limitation, the temporary blocking of Customer's traffic until the applicable problem is resolved in Vast's reasonable discretion. Some Services provide unfiltered access to the Internet and will provide access to some material that may offend Customer or be inappropriate for members of Customer's household. Customer is responsible to control access to these materials and for who views such materials via the Services.

14. INDEMNIFICATION. Customer will indemnify and defend Vast, Vast's officers, directors, agents, and employees and their successors, against all third-party claims for damages, losses, liabilities or expenses, including reasonable attorneys' fees, arising out of Customer's transmissions, or transmissions by parties authorized by Customer, of, information, data, or messages over the Vast-provided network leading directly or indirectly to third-party claims: (a) for libel, slander, invasion of privacy, infringement of copyright, and invasion or alteration of private records or data; (b) for infringement of patents arising from the use of equipment, hardware or software not provided by Vast; and (c) based on transmission and uploading of information that contains viruses, worms, other destructive media or other unlawful content.

15. NO WARRANTY; LIMITATION OF LIABILITY. VAST MAKES NO WARRANTIES ABOUT THE SERVICES (INCLUDING THE 911 SERVICES) OR THE VAST EQUIPMENT, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VAST DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON VAST'S BEHALF AND THE CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY OF VAST. THE SERVICES, VAST EQUIPMENT AND THIRD-PARTY ITEMS ARE PROVIDED AS-IS AND WITHOUT WARRANTY. IN NO EVENT SHALL VAST (OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF CUSTOMERS, CLIENTS OR GOODWILL ARISING IN ANY MANNER FROM THIS AGREEMENT AND/OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, AND REGARDLESS OF THE NATURE OF THE CLAIM OR FORM OF ACTION, WHETHER IN CONTRACT OR TORT INCLUDING NEGLIGENCE. VAST'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDIES WITH RESPECT TO ANY SERVICES AND VAST EQUIPMENT PROVIDED TO CUSTOMER (INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE INSTALLATION, DELAY, PROVISION, TERMINATION, MAINTENANCE, REPAIR, INTERRUPTION, OR RESTORATION OF ANY SUCH SERVICE OR EQUIPMENT) OR BREACH OF THIS AGREEMENT, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNITY OR STRICT LIABILITY, SHALL BE LIMITED TO A MAXIMUM OF A TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO VAST IN THE MOST RECENT THREE-MONTH PERIOD HEREUNDER. THE PROVISIONS OF THIS SECTION 15 CONSTITUTE AN ALLOCATION OF RISK BETWEEN THE PARTIES AND THE PRICE CHARGED CUSTOMER IS BASED ON SUCH ALLOCATION OF RISK. CUSTOMER MUST COMMENCE ANY LEGAL ACTION AGAINST VAST WITHIN ONE YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISK TO A DISPUTE OR CUSTOMER SHALL BE DEEMED TO HAVE WAIVED THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENTS OR FACTS. THE TERMS OF THIS SECTION 15 SHALL SURVIVE THE FAILURE OF AN EXCLUSIVE OR LIMITED REMEDY OR THE TERMINATION OF THIS AGREEMENT FOR ANY REASON.

16. CPNI. Under federal law, Customer has the right, and Vast has a duty, to protect the confidentiality of information about the amount, type, and destination of Customer's service usage (CPNI). Customer hereby consents to the sharing of Customer's CPNI or other personal information with Vast and its affiliates, agents and contractors, solely for the purpose of developing or bringing to Customer's attention any products and services, or in the event of any merger, sale of some or all of the company assets or acquisition as well as in any insolvency, bankruptcy or receivership proceeding in which CPNI or other personal information would be transferred as one of the business assets of the company. This consent survives the termination of Customer's Service and this Agreement, and is valid until revoked by Customer. To revoke this consent at any time, Customer must notify Vast in writing at 5100 S. Broadband Lane, Sioux Falls, SD 57108, Attn: Customer Service and provide the following information: (a) Customer name; (b) Service billing address, (c) telephone number including area code; and (d) service account number. Revoking consent will not affect the Customer's current Services.

17. INTERNET SERVICES DISCLOSURE STATEMENT. Vast makes every effort to support advertised speeds and will dispatch repair technicians to Customer sites to perform speed tests as needed to troubleshoot and resolve speed and application performance caused by Vast's network. Vast measures availability, latency, and aggregate utilization on the network and strives to meet internal service level targets. Internet speeds are not guaranteed and may vary. However, the bandwidth speed at which a particular distant website or other Internet resources may be downloaded, or the speed at which Customer's information may be uploaded to a distant website or Internet location is affected by factors beyond Vast's control, including the speed of the connection from a distant web server to the Internet, congestion on intermediate networks, and/or limitations on Customer's computer equipment, including a wireless router. In addition, Customer's Service performance may be affected by the inside wiring on Customer's premises. Other factors include, without limitation, the number of workstations and/or devices using a single connection. Accordingly, Customer must consider the capabilities of Customer's own equipment when choosing a Vast Service. Customer's computers and/or wireless or other networks in Customer's homes or offices may need an upgrade in order to take full advantage of the chosen Vast plan.

18. 911 SERVICE. BY ACTIVATING AND PAYING FOR THE SERVICES, CUSTOMER AGREES TO THE LIMITATIONS OF VAST'S 911 EMERGENCY DIALING SERVICE (THE “911 SERVICE”) SET FORTH HEREIN AND UNDERSTANDS THE DISTINCTIONS BETWEEN SUCH 911 SERVICE AND TRADITIONAL 911 or E911 CALLS. Vast is not responsible for any 911 Service failures or outages, including such failures or outages related to the loss of electrical power, connectivity, suspension or termination by Customer's broadband or Internet service provider, the blocking of ports by Customer's broadband or Internet service provider, or resulting from local or national disasters. Emergency personnel do not receive Customer's phone number or physical location when a 911 call using the 911 Service is routed to a national emergency call center. Customer acknowledges and agrees that a national emergency call center may disclose Customer's name and address to all third parties with providing emergency services, including, without limitation, call routers, call centers and local emergency centers. Customer must register with Vast each primary phone number and address that Customer uses for the 911 Service and will receive an email confirmation from Vast that the 911 Service has been activated for that primary phone number. If Customer fails to update such phone number and address or uses the 911 Service prior to receiving such email confirmation from Vast, any 911 calls made using the 911 Service may be sent to an emergency center near the previously registered address. Customer may only register one address at a time for each corresponding phone number.

19. NOTICES. All notices and communications required or permitted under this Agreement shall be in writing and shall be given by personal delivery, recognized national overnight courier service (i.e. Federal Express), by registered or certified mail, return receipt requested, or by email, addressed to: (a) in the case of Customer, to the address provided at the time of Customer's purchase of the Services; and (b) if to Vast, to 5100 S. Broadband Lane, Sioux Falls, SD 57108, Attn: Customer Service, or if by email, to callcentersupervisors@vastbroadband.com. Notice shall be deemed given upon receipt.

20. FORCE MAJEURE. Vast shall not be liable for any failure of performance under this Agreement (other than failure to make payments) or in connection with the Vast Equipment or Services caused by any condition or occurrence beyond Vast's reasonable control, including but not limited to: acts of God; fire; explosion; flood; earthquake; tornado; storms; epidemic or pandemic; any law, curfew; order, regulation, action or request of any government or regulatory entity or agency or any civil or military authority; emergencies; civil unrest; insurrections; riots; wars; equipment failure; fiber or other cabling cuts; industrial or labor dispute; materials shortages; equipment shortages; labor shortages; supply chain disruptions; utility unavailability, failures or outages; etc.. Upon the occurrence of any such events, the affected party shall use its reasonable efforts to continue performance as reasonably practicable under such condition or occurrence and to restore full performance as quickly as reasonably practicable.

21. MISCELLANEOUS. This Agreement, along with the Residential User Terms, represents the entire agreement of the parties with respect to the subject matter hereof and supersedes all other agreements, written or oral, between the parties relating to the Services. Customer may not assign any rights or obligations under this Agreement without Vast's prior written consent. Vast may freely assign this Agreement, in whole or in part, without Customer's prior written consent. Any modification to this Agreement shall be in writing signed by authorized representatives of both parties. No term or provision herein shall be waived, and no breach or default excused, unless such waiver or consent is in writing and signed by the Party to which it is attributed. No consent by a Party to, or waiver of, a breach or default by the other, whether expressed or implied, shall constitute a consent to or waiver of any subsequent breach or default. If any provision of this Agreement shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render this Agreement unenforceable, but rather this Agreement shall be construed as if not containing the invalid or unenforceable provision. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the state in which the Premises are located, without regard to the conflict of laws principles of such state. VAST AND CUSTOMER AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.