Close menu
Check Availability

Business Service Terms and Conditions

Last updated: April 25, 2024

These Service Terms and Conditions of Use (“Terms”) set forth the terms and conditions on which Tachus, LLC, a Delaware limited liability company and its affiliate (“we”, “us”, “our” or “Tachus”) will provide internet and certain other services as agreed to from time to time by the parties (the “Services”). The terms “you” and “subscriber” as used herein refer to, as the context requires, you and all other individuals and/or entities using the Services for any reason.

These Terms include our Privacy Policy, our Open Internet Policy, our Acceptable Use Policy (the “AUP”), and any Service Order entered into by the parties from time to time, each of which are incorporated into these Terms by reference. Please read these Terms carefully. In the event of any conflict or inconsistency between the terms and conditions set forth in the Terms, a Service Order, any annex or addendum to any Service Order agreed to by the parties thereto (each, an “Annex”), the Privacy Policy, the Open Internet Policy, and the AUP, then each of those documents will be read and interpreted in the following order of priority: (i) Service Order; (ii) applicable Annex; (iii) the Terms; (iv) Privacy Policy; (v) Open Internet Policy; and (vi) and the AUP.

A Service Order must be completed to initiate Service to a Service Location(s). A Service Order shall become binding on the parties when (i) it is specifically accepted by Tachus either electronically or in writing, (ii) Tachus begins providing the Services described in the Service Order, or (iii) Tachus begins installation of the Services described in the Service Order, whichever is earlier.

In the future, we may change the Customer Agreements. We will notify you of material adverse changes by e-mail to the e-mail address linked to your account with us, by posting notice online at https://www.tachus.com/business-terms, or by mailing to your billing address. Your continued use of the Service after notice of any change will be considered your acknowledgement and acceptance of the change.

PLEASE BE AWARE THAT THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.

  1. Definitions

“Equipment” any and all facilities, equipment or devices provided by Tachus or its authorized contractors at the Service Location(s) that are used to deliver any of the Services including, but not limited to, all terminals, wires, modems, lines, circuits, ports, routers, Gateways, switches, channel service units, data service units, cabinets, and racks.

“Customer Agreements” means these Terms, the Privacy Policy, the Tachus Open Internet Policy, the AUP, your Service Order, and any Annex agreed to from time to time by the parties.

“Services” means internet, installation (including, for the avoidance of doubt, Custom Installations), and certain other services as agreed to from time to time by the parties.

“Service Location(s)” means your location(s) where Tachus provides the Services. For multi-tenant buildings, Service Location means your leased and/or owned business space.

“Service Order” means a request for Tachus to provide the Services to the Service Location(s) agreed to with Tachus (a) on a then-current Tachus form designated for that purpose or (b) through a Tachus electronic or verbal order processing system designated for that purpose.

“Service Term” means the time period beginning when (i) a Service Order is accepted by Tachus either electronically or in writing, (ii) Tachus begins providing the Services described in the Service Order, or (iii) Tachus begins installation (including, for the avoidance of doubt, Custom Installations) of the Services described in the Service Order, whichever is earlier, and continuing until the termination of the Service Order in accordance with the terms and conditions set forth in Section 6 or as otherwise set forth in your Service Order or any Annex thereto.

  1. The Services
    1. Among the Services provided, Tachus provides broadband internet service through fiberoptic network systems. During the Service Term, you will receive installation of the Services (and, if applicable a Customer Installation), the Equipment, on-going use of the Services themselves, and technical support for your use of the Services in accordance with the Customer Agreements. Tachus may be providing the Services as part of a market trial. The Services may be changed or cancelled as part of this trial at any time and without notice, including for reasons outside of our control.
    2. The Services cannot be resold or otherwise made available to anyone on the premises or outside the premises (i.e. wi-fi “hotspots,” or other methods of networking), directly or indirectly, unless done with the written approval of Tachus. The Services cannot be made available to anyone other than you or your authorized employees or contractors unless done with the written consent of Tachus.
    3. The Services cannot be used to send unsolicited bulk or commercial message or “spam” in violation of law.

2. Installation; Removal

    1. Prior to entering into any Service Order, Tachus shall perform an engineering review of the Service Location to determine whether the fiber plant must be extended, built or upgraded in order to provide the ordered Services at the requested Service Locations (“Custom Installation”). Custom Installation may require a one-time construction charge which will be detailed on your Service Order or for you to agree to an initial minimum subscription period that is detailed on your Service Order.  In addition to any other requirements or commitments that may be set forth in your Service Order or any Annex thereto, if you cancel, terminate or make certain changes to your Services plans, or your Services are otherwise terminated due to failure to comply with these Terms, before you have paid the entire Custom Installation charge, you agree to pay such outstanding fee balance as of the date of such change, cancellation or termination.
    2. As a part of subscribing to the Services, Tachus may be required to enter onto the Service Location(s) for various reasons, including but not limited to installation, maintenance, repairs and removals (“Work”). By subscribing to any of the Services and enter into a Service Order, you agree to allow Tachus or its employees, agents and contractors, to enter onto the Service Location(s) for the purposes of carrying out the any necessary actions. You represent to us that you are the owner of the Service Location(s) or that you have obtained the consent of the owner for Tachus to enter the Service Location(s) to do Work.
    3. You further agree that Tachus has the right to do all actions necessary install any necessary Equipment on the improvements at the Service Location(s), including but not limited to affixing Equipment to the Service Location(s) and installing cable throughout the Service Location(s).
    4. All Equipment installed at your Service Location(s) remains personal property of Tachus.

3. Payment and Billing Information

    1. Unless otherwise set forth in your Service Order or any Annex thereto, (a) once you have subscribed to any of the Services and we have entered into a Service Order, the Services will be provided to you on a month-to-month basis and (b) the Services will automatically renew each month until terminated. You must pay for your Services on or before the due date.
    2. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method, on a monthly basis, for the total monthly reoccurring charges for your use of the Services (including any applicable taxes and other charges). If you pay with a credit card, we may seek pre-authorization of your credit card account to verify that the credit card is valid and has the necessary funds or credit available to cover your first monthly payment (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid, is rejected, or is otherwise not acceptable, your Services may be suspended or cancelled.
    3. You must notify us of any disputed payments within 60 days of the charge appearing on your credit card or bank account statement, or such longer period of time as may be required by applicable law. After such date, you waive all disputes and claims for which you have not provided us notice. Your obligation to pay for the Services continues even if the Services are unavailable or its quality is degraded, except in the case of certain service outages described below. Any late payments that you make will first be applied to offset amounts you owe to us. If you fail to pay the full amount due for any charges then we, at our sole discretion in accordance with and subject to applicable law, may suspend or disconnect the Services without a reduction in the amounts you owe us. In order to resume the Services, we may require you to pay the past due charges in full together with any fees, charges, and assessments we have imposed, including any applicable reconnection fee.
    4. We do not extend credit to our subscribers. We may bill you fees, charges, and assessments related to late or non-payment for the Services. These fees, charges, and assessments are liquidated damages intended to be a reasonable advance estimate of our costs resulting from your late or non-payment because we cannot know in advance the actual costs that we may incur as a result of your failure to pay. If we incur collection or other legal costs as a result of non-payment, you agree to pay us for the total past due amount and the costs of collection. These costs include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees, and arbitration or court costs upon judgment.

4. Taxes and Pricing

    1. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional and are the responsibility of subscriber.
    2. Tachus reserves the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as Tachus may determine in its sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you. We will notify you of price changes by e-mail to the e-mail address linked to your account with us or by mailing to your billing address. Your continued use of the Service after notice of any change will be considered your acknowledgement and acceptance of the change.  Notwithstanding anything to the contrary contained in this Section 5.2, if we have agreed to a minimum subscription period in your Services Order, during such minimum subscription period or any Custom Installation that precedes the minimum subscription period, Tachus will not change or amend any fees owed by you to Tachus during such period without your prior written consent.
    3. Tachus, at its sole discretion, may make promotional offers with different pricing to any subscriber. These promotional offers, unless made to you, will not apply to your offer or these Terms. If Tachus feels like you have abused or taken advantage of the spirit of any promotional offers, we reserve the right to cancel the promotional offers at any time without notice.
    4. Tachus reserves the right to invoice you for any fees or payment obligations in connection with the Services imposed by governmental or quasi-governmental bodies in connection with the sale, installation, use, or provision of the Services, including, without limitation, applicable franchise fees (if any), regardless of whether Tachus or its affiliates pay the taxes directly or are required by an order, rule, or regulation of a taxing jurisdiction to collect them from you. These obligations may include those imposed on Tachus or its affiliates by an order, rule, or regulation of a regulatory body or a court of competent jurisdiction, as well as those that Tachus or its affiliates are required to collect from you or to pay to others in support of statutory or regulatory programs.
    5. Certain of our Service offerings may include offerings that provide you with the Service and certain third-party products or services made available by third party service providers for a single, blended rate (“Third-Party Products or Services”). As a convenience to you, we may from time to time act as an intermediary that accepts payment for such Third Party Products or Services on behalf of such third party product or service provider. Notwithstanding anything to the contrary contained in a Customer Agreement, Third Party Products or Services are not under our control, and we are not responsible for any Third-Party Products or Services. Your use of Third-Party Products or Services are at your own risk, and you should apply a suitable level of caution and discretion in doing so. If your Service Package includes Third-Party Products or Services, the applicable third party’s terms and policies apply with respond to such Third-Party Product or Service. Before agreeing to a Service Package that includes any Third-Party Products or Services, you should read and review the terms and conditions that apply with respect to such Third Party Products or Services.

You hereby release and forever discharge Tachus (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, your interactions with Third Party Products or Services and the acts or omissions of third party product or service providers.

5. Cancellation or Termination

If your Service Order or any Annex thereto contemplates a minimum subscription period, during the pendency of any Custom Installation and the minimum subscription period, (a) each of us may only cancel or terminate the Customer Agreements in accordance with the terms and conditions set forth in your Service Order or any Annex thereto and (b) upon any cancellation or termination, the terms and conditions set forth in your Service Order or any Annex thereto will control the effect of any such cancellation or termination.

If your Service Order does not contemplate a minimum subscription period or your minimum subscription period has already expired, you may cancel your Services at any time and we may cancel, terminate, or suspend your Services in accordance with the terms and conditions set forth in these Terms. Upon cancellation or termination, Services will continue to be provided until the end of your current billing cycle.

6. Customer Premises Equipment

    1. Tachus will provide access to the Services via customer premises equipment, including, but not limited to,  one or more fiber gateway devices, wifi devices, and other Tachus-provided equipment to be installed upon or otherwise placed within the Service Location(s) (collectively, the “CPE”). CPE is the property of Tachus. Tachus grants you the right to use the CPE as long as you are a subscriber to the Services. You agree to use the CPE in a customary manner and to not otherwise damage or alter the CPE.
    2. Upon cancellation or termination of your Services, for any reason, you must return the CPE installed or leased to you by Tachus within thirty (30) days of the last day in which the Services are provided to you. If you do not return such CPE within such thirty (30) day period, Tachus may assess the equipment charge set forth in your Service Order, if any.
    3. You bear the risk of loss, theft, destruction, or damage to the CPE from any cause, regardless of whether or not the CPE is covered by our insurance. No loss or damage of the equipment or any part of the CPE relieves you of any of your obligations under these Terms. Upon the cancellation or termination of your Services, Tachus shall have the right to enter on to the Service Location(s) to remove its Equipment [really? Subject to other compliance with law?].
    4. Other than the CPE installed or otherwise leased to you by Tachus, you are responsible for providing any and all additional equipment needed to access the Services, including but not limited to WiFi routers (to the extent not leased from Tachus). Tachus is not responsible for any support or maintenance related to any equipment that is not installed or leased to you by Tachus.

7. Static IP Addresses

When you subscribe to Tachus, you will receive one static IP address. For an additional monthly fee, you can purchase additional static IP addresses.

8. Internet Speeds; Upgrades and Downgrades

    1. Tachus offers several different tiers of internet speed capabilities. The tier you choose does not guaranty that your Services will perform at the selected speed, but is the highest performance speed achievable. The ability to achieve the highest performance from your Services will depend widely on many factors, most of which are outside of the control of Tachus. As such, Tachus does not guarantee any specific performance levels.
    2. Subject to the terms below, you may request a change to your internet speed tier by submitting your request in writing to [email protected] or to otherwise call Tachus’ support desk to request a change. Your request must include your current speed tier, as well as the new speed tier you are requesting.
    3. Upgrades to your internet speed tier are allowed any time after you have started your Tachus Service. When upgrading your internet speed tier, Tachus will work diligently to increase your speeds within forty-eight (48) business hours of your written request. The monthly price increase for the upgrade will be reflective on your next month’s bill.
    4. Downgrades will take place on the first business day of the month following your written request and your account will reflect the new plan on the month as well. Any request for a downgrade must be received before midnight on the last day of the month in order to downgrade your internet speed tier for the following month. No refunds or credits will be issued for downgrades.

9. Open Internet

Our open internet policy can be found at: Open Internet Policy explains in detail our neutral management of our network. We do not prioritize any content, application, or service. We do not block access to any legal content, application, or service. We do not cap the amount of data you may use. We do not inspect and collect the contents of the data packets that transit through our network. We do not throttle specific content, applications, and services. We do not prohibit you from attaching non-harmful devices to your connection. We may take minor steps to manage our network. Despite our efforts, we cannot guarantee any particular amount of bandwidth on the Services or that any speed or throughput of your connection will be available at all times. The speed of the Services will vary depending upon a number of factors, including your computer system(s) and associated equipment, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Company’ control, and system failures, modifications, upgrades, and repairs. Accordingly, we cannot guarantee that the Services will meet your requirements or expectations or will be uninterrupted, timely, secure, or error free.

10. Acceptable Use Policy

Our AUP can be found here. Details on our Digital Millennium Copyright Act (“DMCA”) compliance regime can be found in the AUP. You agreed to abide by the terms and conditions of the AUP. You further agree that we may modify the AUP or other policies from time to time.

11. Termination for Improper Use

Except as otherwise set forth in your Service Order or any Annex thereto, if you violate any of the Customer Agreements, we can immediately delete your accounts and Services without reimbursement. This decision is left entirely to the discretion of Tachus.

12. Modification of Service

Tachus reserves the right to modify, add, or remove all services and features of the Services at any time. Tachus will notify you of material adverse changes to the Services by e-mail to the e-mail address linked to your account with us, by posting notice online at https://www.tachus.com/business-terms, by mailing to your billing address, or by including a prominent notice on your invoice. Your continued use of the Service after notice of any change will be considered your acknowledgement and acceptance of the change.

13. Disclaimer of Warranties

YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF THE SERVICE AND THE EQUIPMENT IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND. TACHUS AND OUR EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND ACCORDINGLY THIS MAY NOT APPLY TO YOU DEPENDING ON YOUR LOCATION.

14. Limitation of Liability

THIS LIMITATION OF LIABILITY APPLIES TO ANY ACTS, OMISSIONS, AND NEGLIGENCE OF TACHUS AND ITS THIRD-PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES.

UNDER NO CIRCUMSTANCES WILL TACHUS BE LIABLE TO YOU FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY ACTS OR OMISSIONS ASSOCIATED WITH THE SERVICE, INCLUDING ANY ACTS OR OMISSIONS BY THIRD-PARTY SERVICE PROVIDERS, AGENTS, OR SUBCONTRACTORS OF TACHUS, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED IN THIS AGREEMENT FAILS. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY US OF ANY OBLIGATION WE MAY HAVE UNDER THIS AGREEMENT OR APPLICABLE LAW, IS YOUR ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY US. IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU DURING THE PRECEDING 6 MONTH PERIOD.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, AND ACCORDINGLY THIS MAY NOT APPLY TO YOU DEPENDING ON YOUR LOCATION.

15. Disruption of Service.

The Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. Tachus shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances, including, but not limited to, causes attributable to you or your equipment; failure of any television signal at the transmitter; failure of a communications satellite; loss of use of poles or other utility facilities; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightening, earthquake, wind, ice, extreme weather conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Services.

You should take all appropriate security measures when using the Service. You assume sole responsibility for your equipment when you use it in conjunction with the Service, and for providing and configuring any ‘firewall’ or security measures to prevent damage from viruses, malware, or other similar malicious items. You are solely responsible for the effectiveness of these blocking and filtering technologies. We do not warrant that others will be unable to gain access to your computer(s) and/or data, nor do we warrant that your data or files will be free from computer viruses or other harmful components, even if you utilize blocking and filtering technologies. We have no responsibility and assume no liability for the protections you may employ nor for any damages that may arise from accessing the Internet.

16. Indemnification.

Except as otherwise expressly set forth in these Terms, you agree to defend, indemnify, and hold us harmless from claims or damages relating to or arising out of your breach of these Terms, or your and your users’ use of the Service or any Equipment, including but not limited to any claims or damages arising out of (1) postings made using the Service, including for defamation, copyright, trademark, or other proprietary right infringement or otherwise or (2) third-party claims caused by your violation of the Customer Agreements or other Tachus policies. You agree that we are not responsible for any third-party claims against us that arise from your use of the Service or the Equipment. Further, you agree to reimburse us for all costs and expenses related to the defense of any such claims.

17. Eligibility

The Services are not intended to be used by any individual under the age of 13. In any event, if any person uses the Services that is under the age of 18, they may do so only with the involvement, supervision, and approval of a parent or legal guardian

18. Accounts

To assist you in subscribing and managing your Services provided by Tachus, you may create an account (an “Account”) through the http://tachus.com website (the “Website”). In order to create an Account, you will be specifically required to accept these Terms by clicking “I Accept”. By clicking “I Accept” you agree to be bound by these Terms and all of the terms incorporated herein by reference, along with any other terms and conditions set forth that may be presented to you in connection with the creation of an Account. We may offer a number of Services. Some Services may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Services by visiting the Website and clicking on the “Account” link.

19. Registration and Password

You are responsible for maintaining the confidentiality of your Account and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, except authorized employees, agents and contractors, and you shall be responsible for all uses of your Account, passwords and Services, whether or not authorized by you. You agree to immediately notify Tachus of any unauthorized use of your Account, passwords or Services, as the case may be.

20. Registration Information

    1. When you create an Account, you will be asked to provide Tachus with certain information including, without limitation, a valid email address and business address (your “Information”). Information you submit will be used in accordance with Tachus’s Privacy Policy described above.

    2. Tachus reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by Tachus or by third parties. Please see Tachus’ Privacy Policy, shown above, for further details regarding your Information.
    3. Without limiting any of the other disclaimers of warranty set forth in the Customer Agreements, Tachus does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Website, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
    4. You understand and acknowledge that you have no ownership rights in your Tachus Account, and that if you cancel your subscription, all your account information from Tachus, will be handled as provided in the Privacy Policy. Please be aware that third parties may retain cached copies of your Information.
    5. By creating an Account, you also consent to receive electronic communications from Tachus (e.g., via email, SMS or by posting notices to the Website). You may unsubscribe from receiving such notifications at any time by notifying us or by modifying the preferences and settings available from your Account page. These communications may include notices about your Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with Tachus. You agree that any notices, agreements, disclosures or other communications that Tachus sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. Tachus may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

21. Policy Regarding Termination of Subscribers Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights of Others

Tachus and all of its affiliated companies respect the intellectual property of others, and we ask our subscribers and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of the Services and the Website, you agree not to use the Services, the Website or any other Tachus Site or allow any employee, agent or contractor to use the Services, the Website or any other Tachus Site (as defined in the Website Terms) to infringe the intellectual property rights of others in any way. We will terminate the Services and Accounts of any subscriber, and/or block access to the Website and/or the other Tachus Sites of any subscriber, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the subscriber who is terminated or to the subscriber whose access is blocked.

22. Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES RESOLUTION OF DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT

    1. If you have a Dispute (as defined below) with Tachus that cannot be resolved, you or we may elect to arbitrate that Dispute in accordance with the terms of this provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in arbitration may also result in limited discovery. An arbitration award is subject to limited review by a court.
    2. The term “Dispute” means any dispute, claim, or controversy between you and Tachus regarding any aspect of your relationship with us, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this arbitration provision. For purposes of this Agreement, “Dispute” is to be given the broadest possible meaning that will be enforced.
    3. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF ANY STATUTE OR OTHER LAW TO THE CONTRARY, YOU MUST CONTACT US WITHIN 1 YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES WHICH ARE SUBJECT TO ANOTHER SECTION OF THIS AGREEMENT), OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE. ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY DISPUTE WITH TACHUS UNLESS THE STATUTE UNDER WHICH THEY ARE SUING PROVIDES OTHERWISE.
    4. The arbitration will be administered by the American Arbitration Association in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Customer Agreements are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
    5. If any clause within this arbitration provision is found to be illegal or unenforceable, that clause will be severed from this arbitration provision, and the remainder of this provision will be given full force and effect. If the class action and class arbitration waiver is found to be illegal or unenforceable, the entire arbitration provision will be unenforceable, and the Dispute will be decided by a court. In the event this entire provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found to be excluded from the scope of this arbitration provision, YOU AND TACHUS EACH HEREBY AGREE TO WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY TRIAL BY JURY.
    6. This arbitration provision will survive the termination of the Service and your account with Tachus.

23. Assignment

Subscriber shall not sell, transfer or assign this agreement without the prior written consent of Tachus. Any unauthorized transfer or assignment shall be null and void; provided, however, that any such assignment shall not relieve the subscriber of its obligations under this agreement.

24. Governing Law

Interpretation and enforcement of the Customer Agreements shall be governed by the laws of the State of Texas.

25. Attorney’s Fees and Costs

In any action brought under these Terms, the prevailing party shall be entitled to recover its actual costs and attorney and all other litigation costs, including expert witness fees, and all actual attorney’s fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the preceding sentence shall be severable from the provisions of these Terms and shall survive the entry of any such judgment.

26. General

If any provision of the Customer Agreements is found to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Customer Agreements, which shall remain in full force and effect. Tachus will not be liable for any losses due to interruptions of Service caused by circumstances outside of our control. No waiver of any term of the Customer Agreements shall be deemed a further or continuing waiver of such term or any other term. In addition, Tachus’s failure to enforce any term of the Customer Agreements shall not be deemed as a waiver of such term or otherwise affect Tachus’s ability to enforce such term at any point in the future. Except as expressly provided in any additional agreement, a particular “Legal Notice,” or license or material on particular the Tachus Site website pages, the Customer Agreements constitute the entire agreement between you and Tachus with respect to the use of the Services.

27. Term and Termination 

The Customer Agreements will remain in full force and effect while you are a subscriber of the Services. Tachus reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate (unless your Service Order or any Annex thereto contemplates notice and cure periods) termination of your registration with or ability to access any Services provided to you by Tachus, upon any breach by you of the Customer Agreements or if Tachus is unable to verify or authenticate any information you submit to Tachus. Even after you are no longer a subscriber of the Services, certain of the provisions found in the Customer Agreements will remain in effect, including but not limited to those related to indemnification, disclaimers of warranties, limitation of liabilities, payment obligations and other provisions which by their nature would be expected to survive.