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TERMS OF SERVICE

Last Updated: May 14, 2025

1. ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you and ISG.TV, a subsidiary of Indigo Solutions Group ("Indigo," "we," "our," or "us"), governing your access to and use of www.indigofiber.com and any related mobile applications, services, and content (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

2. MODIFICATIONS TO TERMS

Indigo reserves the right, at our sole discretion, to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through the Services, via email, or by other means, to provide you with the opportunity to review the changes before they become effective. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of the Services.

3. ELIGIBILITY

To use the Services, you must be at least 18 years of age and capable of forming a binding contract with Indigo. By using the Services, you represent and warrant that you meet all eligibility requirements. If you are accessing or using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Account Creation

You may be required to provide your contact details to access certain features of the Services. When registering, you must provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.2 Account Security

You must notify Indigo immediately of any unauthorized use of your account or any other breach of security. Indigo will not be liable for any losses or damages arising from your failure to maintain the security of your account credentials.

5. SERVICES AND PRICING

5.1 Service Description

Indigo provides fiber optic internet and related telecommunications services as described on the Services. Specific features, functionality, and service levels may vary based on the subscription plan selected.

5.2 Pricing and Payment

Prices for the Services are as stated on the Services at the time of purchase or subscription. All fees are non-refundable except as expressly provided in these Terms or as required by applicable law. Indigo reserves the right to change pricing at any time, provided that we will notify you before any price change affects your current subscription.

5.3 Billing

You agree to provide current, complete, and accurate billing information. You authorize Indigo or the selected partner or service provider to charge the payment method provided for all Services you purchase and to use third-party payment processors to process such payments. If automatic billing fails, Indigo may issue an electronic invoice indicating that payment is due.

6. USER CONTENT

6.1 User Content Defined

"User Content" means any content that users submit, post, or transmit to, through, or in connection with the Services, including reviews, comments, feedback, and other text, images, videos, or other materials.

6.2 License Grant

By submitting User Content to the Services, you grant Indigo a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media or distribution method, subject to our Privacy Policy.

6.3 User Content Representations and Warranties

You represent and warrant that: (i) you own or have the necessary rights to submit User Content; (ii) the User Content does not and will not infringe, misappropriate, or violate a third party's intellectual property rights, privacy rights, publicity rights, or other rights; and (iii) the User Content complies with these Terms and all applicable laws and regulations.

6.4 Content Monitoring

Indigo reserves the right, but is not obligated, to monitor, review, screen, post, remove, reject, modify, or store User Content at any time and for any reason, without notice.

7. PROHIBITED CONDUCT

You agree not to:

  • Use the Services for any illegal purpose or in violation of any local, state, national, or international law;
  • Violate or encourage others to violate the rights of third parties, including intellectual property rights, privacy rights, or publicity rights;
  • Engage in any harassing, threatening, intimidating, spamming, or stalking conduct;
  • Interfere with or disrupt the Services or servers or networks connected to the Services;
  • Attempt to gain unauthorized access to the Services, user accounts, or computer systems or networks connected to the Services;
  • Use automated means, including spiders, robots, crawlers, or data mining tools, to download data from the Services or to send communications to or through the Services;
  • Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Use the Services to transmit any malicious code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use and enjoyment of the Services;
  • Use the Services to advertise or offer to sell goods and services except as expressly permitted by Indigo.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership

Indigo and its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein. The Services are protected by copyright, trademark, patent, trade secret, and other laws of the United States and foreign countries. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

8.2 License Grant to You

Subject to your compliance with these Terms, Indigo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes.

8.3 Feedback

If you provide Indigo with any feedback, suggestions, improvements, or recommendations regarding the Services ("Feedback"), you hereby grant Indigo an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use, reproduce, modify, publish, distribute, and otherwise exploit the Feedback for any purpose, without compensation or attribution to you.

9. THIRD-PARTY CONTENT AND SERVICES

The Services may contain links to third-party websites or services that are not owned or controlled by Indigo. Indigo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Indigo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

10. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. INDIGO DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INDIGO, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL INDIGO BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INDIGO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL INDIGO, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO INDIGO HEREUNDER IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM, OR $100.00, WHICHEVER IS GREATER.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Indigo, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

13. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Hernando County, Florida, and you hereby consent to personal jurisdiction and venue in such courts.

14. DISPUTE RESOLUTION AND ARBITRATION

14.1 Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services, including the breach, termination, or validity thereof, shall be finally resolved by arbitration. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in [City], Florida, and shall be conducted in the English language. The decision of the arbitrator shall be final and binding upon the parties and may be entered and enforced in any court of competent jurisdiction.

14.2 Class Action Waiver

YOU AND INDIGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and Indigo agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

14.3 Opt-Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice to Indigo at [address] within 30 days after first using the Services. By opting out of this Arbitration Agreement, you will not preclude the application of the governing law provisions of these Terms.

15. SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. WAIVER

The failure of Indigo to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Indigo.

17. ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without Indigo's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Indigo may freely assign or transfer these Terms without restriction.

18. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Indigo concerning the Services. These Terms supersede all prior or contemporaneous communications, proposals, and representations, whether electronic, oral, or written, between you and Indigo with respect to the Services.

19. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at: info@isg.tv