Fusion Networks 801.821.4785

Gig fiber from a Utah company. $75 a month.

Faster internet. Friendlier service. No contracts.

250 Mbps
$65/mo
1 Gig
$75/mo
2.5 Gig
$95/mo

Prices shown above include $30 fee to use the fiber. Your exact price breakdown shows at checkout.

5.0 from 77 Google reviews
  • Symmetrical speed
  • No contracts
  • No data caps
  • Local support in Utah
  1. 1. Address
  2. 2. Speed
  3. 3. Contact

Where do you want service?

Start typing your address, then pick it from the list.

Enter your street address.
Enter a 5-digit ZIP.

Pick your speed.

Same speed up and down. No contract on any plan.

Do you want to rent a router?

Choose an option.

Order review and contact info

Someone from Fusion will call to schedule your install.

1 Gig at
Enter your first name.
Enter your last name.
Enter a 10-digit phone number.
Enter a valid email address, like name@example.com.

Request received.

We'll call you shortly to confirm your address and help you finish your order. Questions before then? 801.821.4785.

What happens after you sign up

  1. Check your address and orderPlace your order for high-speed internet for your home using the form.
  2. Validate and schedule your installationUTOPIA will send you an email asking you to validate your order and schedule your installation.
  3. InstallationCrews will bring the fiber optic line to your house if needed, and will prepare your modem for activation.
  4. Activate serviceCall our support team to activate your service.
  5. You're onlineEnjoy your high-speed fiber internet!

What our customers say

5.0 · 77 Google reviews
I would like to give Fusion Networks and Steve a big thumbs up. If you are with UTOPIA Fiber and want a great service provider. This is the one. Top notch customer service, very personable. Not like the big corporations. I am very happy I chose Fusion to take care of my internet needs.
Getting set up was great. The employee I talked to was very helpful and made sure I was connected even when I ran into some trouble setting up the router I bought. He even helped me get that set up even though it wasn’t a Fusion product. Very polite and helpful.
These guys are wonderful. They helped get us up and running quickly. Also they are very affordable esp for small businesses like ours. Would highly recommend. Also Steve and Jayden are easy to work with so they make this whole experience enjoyable. Thanks Guys! Appreciate your service!

Read all our reviews on Google →

What you get with Fusion Fiber

  • Symmetrical speedUploads are as fast as downloads, so video calls and backups don't bog down.
  • A price that stays putNo rate hikes on your Fusion plan.
  • Support in UtahCall and a real person here answers.
  • No contracts, no data capsUse it as much as you want. Leave whenever you want.

Questions

What is UTOPIA Fiber?

UTOPIA Fiber builds and owns the fiber network in your city. Fusion Networks provides the internet across these lines.

Why is there a separate $30 fee?

That's UTOPIA's fee for using the fiber network. You pay this fee directly to UTOPIA and pay Fusion for the internet that goes across the fiber line.

How do I know if my home can get service?

Enter your address in the signup form. For most addresses we can verify your address directly from the website. If the form can't confirm service, you can also call us at 801.821.4785 and we can manually confirm it for you.

Can I switch speeds later?

Of course! Give us a call and we are happy to turn your speed up or down. There are no contracts, so let's make sure you're on the plan that best fits your needs.

What does symmetrical mean?

Your upload speed matches your download speed. On a 1 Gig plan you get 1 Gig both ways.

Should I cancel my current internet first?

No. We recommend keeping your current internet until Fusion is up and running, then cancel so you're never without internet.

Ready when you are.

Sign up in about a minute, or call and we'll do it with you.

Start my signup Call 801.821.4785

Fusion Networks Terms of Service

Overview

This website is operated by Fusion Networks, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Fusion Networks, LLC. Fusion Networks, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third- parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third- party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non- infringement. In no case shall LEGAL NAME OF BIZ, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless LEGAL NAME OF BIZ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – REFUND POLICY

Return & Refund Policy Thanks for shopping with Fusion Networks. If you are not entirely satisfied with your purchase, we’re here to help. Returns – You have 30 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase. Refunds – Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within 30 days, depending on your card issuer’s policies. Shipping – You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Contact Us If you have any questions on how to return your item to us, contact us @ 801.369.2922 or support@fusionnetworks.me

SECTION 18 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Salem, UT, United States.

SECTION 20 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@fusionnetworks.me

UTOPIA Fiber Terms of Service

UTOPIA Fiber Network Services Agreement

1. Services:

UTOPIA Fiber will provide, and Customer will purchase, the services (“Services”) as set forth in each signed UTOPIA Fiber Services Order. Customer understands the Agreement is for UTOPIA Fiber communications services directly or in partnership with authorized UTOPIA Fiber Service Provider partners.

2. Customer Responsibilities:

2.1. On-Site Facilities – Customer is responsible for providing space, power, and environmental conditions that support typical telecommunications equipment. Customer is also responsible for securing the facilities from unauthorized physical access, electrical interference, or other disruptive activities that may adversely affect the performance of Services. Any interruptions of service due to failure to provide and protect the on-site facilities is not the responsibility of UTOPIA Fiber and does not apply to SLA calculations or credits.

2.2. Other than the initial demarcation equipment and UTOPIA Fiber installation labor expenses, all operations concerning Service at Customer’s premises will be performed at Customer’s expense. This includes any necessary or Customer requested on-site cabling, conduits, relocations, retrofits, structural work, racks, or other expenses necessary to properly support UTOPIA Fiber’s demarcation equipment and the interconnection with Customer’s equipment.

2.3. Customer will use the Service only in the way as intended and may not tamper with UTOPIA Fiber equipment or services in a way to adjust, bypass, or circumvent any monitoring, security, or configuration of the UTOPIA Fiber equipment, systems, or facilities.

2.4. Customer will cooperate with UTOPIA Fiber to install, operate, maintain, or repair Service. Customer will provide access to Customer’s facilities for the installation and maintenance of UTOPIA Fiber’s equipment. Any failure to provide access exempts UTOPIA Fiber from negative impact from UTOPIA Fiber’s SLA or Service Delivery Dates. Billing for services may begin in advance of Service Delivery Date if installation is held up by Customer.

2.5. Customer may request a UTOPIA Fiber technician dispatch for Service problems. Before dispatching a technician, UTOPIA Fiber may notify Customer of a dispatch fee that will be assessed if it is determined that the problem is on Customer’s side of the Demarcation Point or was not caused by UTOPIA Fiber.

3. Waiver:

The failure of either Party to enforce any of the provisions of this Agreement, or the waiver thereof in any instance, shall not be construed as a general waiver or relinquishment on its part of any such provision, but the same shall nevertheless be and remain in full force and effect.

4. Service Changes:

Customer may add, move, or upgrade each Service according to the terms of the Early Termination and Revenue Replacement Section of the UTOPIA/UIA Product Catalog.

5. Service Interruptions:

Service interruption means a total disruption of the Service subject to restrictions and exclusions outlined in UTOPIA SLA.

6. Agreement Term:

The Agreement will remain in effect as long as any Service is offered under it (“Agreement Term”). Should all Services under the Agreement expire or terminate as contemplated by the Termination section of the Agreement, then the Agreement will terminate.

7. Rates:

Rates are as specified in any specific Services Order. Rates for new orders are subject to change at any time according to the then current UTOPIA Fiber Product Catalog or other negotiated rates that may include financed build costs or promotional discounts. Rates for Services under an order may not change within the initial term of the Services Order unless mutually agreed upon by UTOPIA Fiber and Customer.

8. Payment:

8.1. Billing: Customer must pay UTOPIA all charges by the due date on the invoice if specified. Services are billed monthly in advance of the applicable services month. Any amount due or owed in credit from a partial month will be applied to the following billing cycle. Any amount not paid when due is subject to a late payment charge of the lesser of 1.5% per month or the maximum rate allowed by law.

8.2. Grace Period: In the event that Customer requests a Grace Period for the delivery of services, UTOPIA Fiber may at its sole discretion, grant reasonable Grace Periods where Services and billing are suspended until Customer is ready to receive Services. UTOPIA Fiber will require Customer to accept Service by the end of the Grace Period, in which case UTOPIA Fiber will commence with regular monthly billing for the Service and Customer agrees to pay for the billed Service. If Customer has not accepted the Service by the end of the Grace Period, then UTOPIA Fiber may consider the services as accepted by the Customer and commence billing or terminate the Service subject to the Termination section of the Agreement.

8.1. Confidentiality: This Agreement and all protection of records exchanged between the parties hereunder shall be governed by GRAMA. In the event a party claims protection of a record, the claim shall be made with specificity. Blanket claims of protection will be denied. If a record is classified as “protected” under GRAMA, the party benefitting from such protection shall be solely responsible, at its expense, to defend such classification.

9. Termination:

9.1. Before Service Due Date: If Customer cancels an order for Service before the Service Due Date, or does not accept the Service by the conclusion of the Grace Period, and UTOPIA Fiber terminates the Service at the end of the Grace Period, Termination Charges will apply, including the full NRCs that would have otherwise applied and any non-reusable and non-recoverable portions of expenditures or liabilities, such as Construction charges incurred exclusively on behalf of the Customer by UTOPIA Fiber and not fully reimbursed by NRCs.

9.2. After Service Acceptance Date: Either party may terminate an individual Service ordered under a Service Exhibit after the Service Acceptance Date under the terms of the applicable Service Exhibit. UTOPIA Fiber will waive the Termination Charge in excess of the Initial Service Period if Customer terminates due to a move or upgrade of all or a portion of Service and all of the following conditions are met (“Waiver Policy”):

9.2.1. Customer must have satisfied the Initial Service Term for the existing Service or be subject to the Termination Charge applicable to the unexpired portion of the the Initial Service Term;

9.2.2. Customer must agree to a new service term and Initial Service Term for the new service;

9.2.3. The total value of the new Service must be equal to or greater than 110% of the remaining value of the Service being terminated. NRCs and Construction charges will not contribute toward the 110% calculation;

9.2.4. The request to disconnect the existing Service and the request for the new service are received by UTOPIA Fiber at the same time and both requests must reference this Waiver Policy;

9.3. Agreement: Either party may terminate the Agreement and all Service by providing 30 days’ written notice to the other party. Cause to terminate the entire Agreement for Service-related claims will exist only if Customer has Cause to terminate all or substantially all of the Services under the UTOPIA SLA. If Customer terminates the Agreement for Convenience or UTOPIA Fiber terminates it for Cause, then Customer will pay to UTOPIA Fiber the Termination Charges set forth in the applicable Service Exhibit(s).

9.4. Unpaid Charges: Customer will remain liable for charges accrued but unpaid as of the termination date.

9.5 BUYER’S RIGHT TO CANCEL

If this agreement was solicited at your residence or place of employment and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight on the third business day after you sign this agreement. The notice must be mailed to: UTOPIA Fiber 5858 South 900 East Murray, UT 84121

10. Credit Approval:

Provision of Services is subject to UTOPIA Fiber’s credit approval of Customer. As part of the credit approval process, UTOPIA Fiber may require Customer to provide a deposit or other security. Additionally, during the Term, if Customer’s financial circumstance or payment history becomes reasonably unacceptable to UTOPIA Fiber, UTOPIA Fiber may require adequate assurance of future payment as a condition of continuing UTOPIA Fiber’s provision of Services. Customer’s failure to provide adequate assurances required by UTOPIA Fiber is a material breach of the Agreement. UTOPIA Fiber may provide Customer’s payment history or other billing/charge information to credit reporting agencies or industry clearinghouses.

11. Governing Law; Jurisdiction and Venue:

This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Utah, without giving effect to its principles of conflicts of laws. For purposes of this Agreement, jurisdiction and venue shall be exclusively with the state and federal courts sitting in Salt Lake City, Salt Lake County Utah.

12. Definitions:

“Affiliate” means any entity controlled by, controlling, or under common control with a party.

“Cause” means the failure of a party to perform a material obligation under the Agreement, which failure is not remedied: (a) for payment defaults by Customer, within five days of separate written notice from UTOPIA of such default; or (b) for any other material breach, within 30 days after written notice.

“Confidential Information” means any information that is not generally available to the public, whether of a technical, business, or other nature, (including CPNI), and that: (a) the receiving party knows or has reason to know is confidential, proprietary, or trade secret information of the disclosing party; or (b) is of such a nature that the receiving party should reasonably understand that the disclosing party desires to protect the information from unrestricted disclosure. Confidential Information will not include information that is in the public domain through no breach of the Agreement by the receiving party or is already known or is independently developed by the receiving party. Confidential Information protected under GRAMA and may be protected

“Construction” means when Service may not be available due to facilities limitations and it is necessary for UTOPIA to construct facilities.

“Convenience” means any reason other than for Cause.

“CPE” means any customer premises equipment, software, and/or other materials used in connection with the Service.

“CPNI” means Customer Proprietary Network Information, which includes confidential account, usage, and billing-related information about the quantity, technical configuration, type, destination, location, and amount of use of a customer’s telecommunications services. CPNI reflects the telecommunications products, services, and features that a customer subscribes to and the usage of such services, including call detail information appearing in a bill. CPNI does not include a customer’s name, address, or telephone number.

“Demarcation Point” means the UTOPIA designated physical interface between the UTOPIA demarcation equipment and Customer’s telecommunications equipment;

“Force Majeure Event” means an unforeseeable event beyond the reasonable control of that party, including without limitation: act of God, fire, explosion, lightning, hurricane, labor dispute, cable cuts by third parties, acts of terror, material shortages or unavailability, government laws or regulations, war or civil disorder, or failures of suppliers of goods and services.

“Grace Period” means a period from the later of the Service Due Date or the date when Service is made available to the Customer, and during which the applicable Service will be held available for Customer upon Customer’s request if approved by UTOPIA.

“Initial Service Term” means the period following the Service Acceptance Date, as evidenced by UTOPIA records and the Services Order.

“MRC” means monthly recurring charge.

“NRC” means nonrecurring charge.

“Rates” means the MRCs and NRCs for the Service.

“Regulatory Activity” is a regulation or ruling by any regulatory agency, legislative body, or court of competent jurisdiction.

“Service Acceptance Date” means the date Customer accepts the Service and billing commences, as evidenced by UTOPIA records.

“Service Due Date” means the date UTOPIA makes the Service available to Customer for testing.

“SLA” means the service level agreement for each UTOPIA Service; SLAs are subject to change. Each SLA provides Customer’s sole and exclusive remedy for Service interruptions or Service deficiencies of any kind whatsoever for the applicable Service. Not all Services have a Service-specific SLA.

“Taxes” means foreign, federal, state, and local excise, gross receipts, sales, use, privilege, or other tax (other than net income) now or in the future imposed by any governmental entity (whether such Taxes are assessed by a governmental authority directly upon UTOPIA or the Customer) attributable or measured by the sale price or transaction amount, or surcharges, fees, and other similar charges, that are required or permitted to be assessed on the Customer.

“Termination Charge” means the termination charges detailed in the Service Exhibits.