1. Acceptance
These Terms of Service (these “Terms”) form the agreement between you (“Customer,” “you,” or “your”) and Alabama Lightwave, Inc., an Alabama corporation (“Alabama Lightwave,” “Lightwave,” “we,” “us,” or “our”). By signing up for service, by accepting installation, or by using the service after the effective date of these Terms, you agree to them.
These Terms incorporate by reference our Network Management Policy, our Privacy Policy, and the description of your specific plan as it appeared at the time you ordered or as updated and disclosed to you.
If you do not agree to these Terms, do not use the service. If you are already a customer and the Terms change in a way you do not accept, your remedy is to cancel under section 9.
2. Definitions
“Service” means the wireless internet access service, Lightwave TALK landline service, Dedicated Internet Access (DIA), or any combination of those services that you order from us.
“Premises” means the single physical address at which the Service is installed.
“Equipment” means the radio, antenna, cabling, router, mesh node, ATA, or other hardware we install or provide to deliver the Service.
“Lightwave Network” means the wireless towers, backhaul links, core network, and supporting infrastructure that we operate to deliver the Service.
3. Service Description
Lightwave provides wireless fixed broadband internet, optional landline phone service over the same connection, and on certain accounts Dedicated Internet Access. The full description of your plan, including monthly price, included features, typical and maximum speeds, and equipment provided, appears on the Plans page and in the order confirmation we sent you when you signed up.
Available services and applicable pricing vary by address. Coverage is described on the Coverage page; availability at your specific address is confirmed during the order process.
4. Eligibility
To receive service you must:
- Be at least eighteen years of age
- Have a valid mailing address in our service area
- Provide accurate name, address, contact, and payment information
- Have the legal right to allow installation at the Premises (own the Premises, or have the owner’s permission)
If you are signing up for business or DIA service on behalf of an entity, you represent that you have authority to bind that entity to these Terms.
5. Equipment and Installation
Lightwave-provided equipment. Equipment we install at the Premises remains the property of Alabama Lightwave unless we sell it to you in writing. You agree not to modify, sell, or remove Lightwave-owned Equipment. If service terminates, we will arrange to recover Lightwave-owned Equipment; if it is not returned within thirty days of termination, we may charge a non-return fee equal to the equipment’s replacement cost.
Standard installation. Standard installation is free for new accounts on Lightwave internet. Standard installation includes mounting one antenna outside the Premises (roof or eave), running one cable into the Premises, and setting up your WiFi router. Non-standard installations (additional mounts, trenching, separate outbuildings, complex internal cabling, certain landline configurations) are quoted before any work begins.
Customer responsibilities. You will:
- Provide reasonable access to the Premises for installation and any necessary service visits
- Maintain a safe working environment for our technicians
- Pay for or repair any damage to Lightwave Equipment caused by your or your guests’ misuse, neglect, or unauthorized modification
- Not interfere with the Equipment or the radio link
6. Acceptable Use
Your use of the Service is subject to our Network Management Policy, which forms part of these Terms. In summary, you agree not to:
- Use the Service for any unlawful purpose
- Resell, redistribute, or share the Service beyond the Premises (this does not restrict DIA customers, whose usage is governed by their separate DIA agreement)
- Conduct denial-of-service attacks, distribute malware, or transmit unsolicited bulk email
- Otherwise interfere with the Lightwave Network or other customers’ use of it
Violations may result in suspension or termination as described in section 11.
7. Billing and Payment
Billing cycle. Service is billed monthly in advance. Your billing cycle starts on the date your service is activated, and recurs on the same day each month.
Payment. Bills are due on receipt. We accept credit card, ACH, check, and money order. Online bill pay is available through our customer portal.
Late payment. Accounts more than fifteen days past due may be assessed a reasonable late fee, may be referred to collections, and may have service suspended. Restored service requires payment of the past-due balance.
Pricing. Monthly pricing is all-in. The price you sign up at is the price you pay for as long as you remain on that plan. We will not raise the price of an existing plan without giving you at least thirty days’ written notice; if we do raise the price, you may cancel without penalty as described in section 9.
Taxes and fees. Federal, state, and local taxes, regulatory recovery, and 911 fees are included in the advertised monthly price.
Refunds. If you cancel before the end of a billing cycle, we refund the unused portion of that month’s service, prorated to the day, within thirty days. Equipment fees, if applicable, are non-refundable.
8. Pricing Changes
Lightwave commits to all-in monthly pricing without introductory or promotional rate expirations. We may change the published pricing of new plans at any time; existing customers are not migrated to new pricing without their consent and at least thirty days’ written notice. If we make such a change and you do not accept, you may cancel under section 9.
9. Cancellation by Customer
You may cancel service at any time, for any reason, with no early-termination fee or other penalty. To cancel, call us at (205) 809-9051, send an email to info@alabamalightwave.com from the address on your account, or mail a written request to the address at the bottom of these Terms.
Service ends at the end of your current billing cycle unless you specifically request an earlier date. We will arrange equipment recovery within ten business days of your effective cancellation date.
10. Service Interruptions
The Service is provided over a wireless network. While we maintain redundant backhaul, battery backup, and on-call technicians around the clock, occasional outages can occur. We will work to restore service as quickly as reasonably possible.
For DIA and enterprise customers, service-level commitments and credits for outages are governed by your individual service agreement.
For residential, essential-worker, and standard business customers, we do not promise uninterrupted service and do not provide bill credits for ordinary outages. We do, however, take outages seriously and a real person at our Centreville office will answer when you call to report one, twenty-four hours a day.
11. Suspension and Termination by Lightwave
We may suspend or terminate service immediately, with notice where practical, if you:
- Fail to pay a bill that is more than thirty days past due
- Violate the Acceptable Use sections of the Network Management Policy
- Engage in fraudulent or unlawful activity in connection with the Service
- Misrepresent material information when signing up
- Allow unauthorized use of Lightwave Equipment
We will provide notice and a reasonable opportunity to cure where the violation can be cured and the circumstances permit.
12. Disclaimers
EXCEPT AS EXPRESSLY STATED IN A WRITTEN DIA OR ENTERPRISE SERVICE AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY ALABAMA LAW, LIGHTWAVE DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, error-free, or secure against every threat
- Speeds, latency, or packet loss will meet a specific level at all times
- Any third-party service (a website, a streaming platform, a remote-work application) will work over the connection
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY ALABAMA LAW, NEITHER LIGHTWAVE NOR ITS DIRECTORS, EMPLOYEES, OR VENDORS IS LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE, INCLUDING LOST PROFITS, LOST DATA, LOST BUSINESS, OR REPUTATIONAL HARM.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) $100 OR (B) THE TOTAL FEES YOU PAID TO US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limitations do not apply to liability for personal injury or property damage caused by our negligence or willful misconduct, or to any liability that cannot lawfully be limited under Alabama law.
14. Indemnification
You agree to defend, indemnify, and hold harmless Lightwave and its directors, officers, employees, and vendors against any claim, damages, or expenses (including reasonable attorneys’ fees) arising out of your unlawful use of the Service or your violation of these Terms.
15. Dispute Resolution
Talk to us first. Most disputes are resolved by a phone call. Before filing any formal action, you agree to contact us at (205) 809-9051 or info@alabamalightwave.com, describe the problem, and give us thirty days to fix it.
Governing law. These Terms and any dispute arising under them are governed by the laws of the State of Alabama, without regard to its conflict-of-laws principles.
Venue. Any lawsuit must be filed in the state or federal courts located in Bibb County, Alabama, and you and we consent to the personal jurisdiction of those courts.
No forced arbitration. Lightwave does not require you to arbitrate disputes or waive your right to participate in a class action. Both parties retain access to the courts.
16. Force Majeure
Neither party is liable for delay or failure to perform caused by events outside its reasonable control, including severe weather, natural disaster, power-grid failure outside our network, war, civil unrest, or government action.
17. Assignment
You may not assign your rights under these Terms without our written consent. We may assign these Terms to a successor in connection with a sale or merger of our business; we will notify you if that happens.
18. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms on this page and update the “Last updated” date at the top. For material changes, we will give active customers at least thirty days’ notice by email or through the customer portal. If you do not accept a material change, your remedy is to cancel under section 9.
19. Entire Agreement; Severability
These Terms, together with the Network Management Policy, Privacy Policy, and the description of your specific plan, are the entire agreement between you and Lightwave regarding the Service. If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.
20. Communications and Notifications
By accepting these Terms and providing your phone number, mobile number, and email address, you authorize Alabama Lightwave to contact you for service-related communications. Authorized communications include, but are not limited to:
- Outage notifications and restoration updates
- Install and service-appointment scheduling, confirmation, and reminders
- Sign-in verification and account-access one-time codes for the Lightwave LINK app and the customer portal
- Account messaging, including monthly statements, payment confirmations, and past-due notices
- Service announcements, including planned maintenance, equipment upgrades, and material changes to these Terms or our Privacy Policy and Network Management Policy
- Severe-weather and emergency communications, including those tied to severe-weather camera feeds in the Lightwave LINK app
- Other operational communications typical of internet and landline service providers
Communications may be delivered by phone call, SMS text message, email, or in-app notification, sent to the contact information on your account. By providing a mobile phone number on your account, you specifically consent to receive SMS text messages from Alabama Lightwave for the purposes above.
Carrier rates may apply. Standard message-and-data rates from your wireless carrier may apply to SMS we send. Message frequency varies and depends on activity on your account.
Stopping non-essential SMS. To stop receiving non-essential SMS messages, reply STOP to any message we send. After replying STOP, you will continue to receive essential service messages required to operate your account safely (sign-in verification, outage alerts to the affected service address, billing notices, and similar). Reply HELP for help. Reply START to resume non-essential messaging.
Essential service communications cannot be turned off. Certain communications are necessary to operate your account safely and lawfully and cannot be opted out of while you remain a customer. These include sign-in verification, outage notifications for your service address, billing and past-due notices, and any communication required by law.
Email opt-out. Marketing emails, where we send any, include an unsubscribe link. Account-essential email cannot be unsubscribed while service is active.
Compliance. Our communications practices comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, applicable Federal Communications Commission rules, and other applicable federal and state communications laws.
21. Contact
Alabama Lightwave, Inc.
38 Court Square West
Centreville, AL 35042
Phone: (205) 809-9051
Email: info@alabamalightwave.com