Internet Access Service Agreement
This Service Agreement (“Agreement”) is entered into by and between the customer (“you”, “your” or “customer”) and Colorado Valley Communications, Inc. (“CVC”). The Agreement sets forth the terms and conditions under which you agree to use the Service, and under which CVC agrees to provide the Service to you.
Usage of the Service constitutes your acceptance of these terms as a binding contract between you and CVC. If you do not agree to the terms and conditions set forth in the Agreement, you may not use the Service and you must terminate your Service immediately.
For the purpose of this Agreement, the term “Service” shall mean CVC Internet access service, including all software, equipment, technical support, newsgroup services, electronic mail (“email”) and other features, products and services provided by CVC under the pricing plan selected by the customer.
For the purpose of this Agreement, “Equipment” shall mean the modem, router, antenna and/or other equipment provided by CVC for use with the customer’s Service.
This Agreement goes into effect upon your acceptance of this Agreement and shall continue until terminated by either party as permitted by this Agreement.
AGREEMENT REVISIONS
CVC may revise, amend or modify the terms and conditions of this Agreement from time to time. CVC will use reasonable efforts to make customers aware of any changes to this Agreement, which may include sending email announcements or posting information on the CVC Internet web site. By continuing to use the Service after revisions are in effect, it will be conclusively presumed that you accept and agree to the revisions and will abide by them. If you do not agree to the revisions, you must terminate your Service immediately.
AVAILABILITY OF SERVICE
The Service you select may not be available in all areas, may not be available at the rates, speeds or bandwidth generally marketed, and some telephone lines requesting Internet Service may not qualify for the Service even if initial testing showed that the line was qualified.
All Services are provided on an AS IS basis and throughput speeds and availability of Service are not guaranteed.
CVC may at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
If you subscribe to CVC’s DSL Internet Service in the Plum, Warrenton, Hostyn, High Hill, Moravia or Borden exchanges you must also subscribe to Colorado Valley Telephone Cooperative, Inc.’s telephone service. Internet service provided by CVC in these exchanges utilizes transport service (your telephone line) provided by Colorado Valley Telephone Cooperative, Inc. If your telephone service is disconnected for any reason including nonpayment, your Internet Service will be terminated as well.
AUTHORIZED USER, USE AND RESPONSIBILITIES
You acknowledge that you are 18 years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to CVC is correct and complete. You agree to promptly notify CVC whenever your personal or billing information changes.
You agree that you are responsible for all use of your account, including any secondary accounts or sub-accounts registered to your primary account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account, or any secondary accounts, with or without your permission. Minors who use the Service are assumed to have parental or guardian consent to do so.
SUBSCRIPTION TO CVC INTERNET SERVICE
You may not resell CVC Internet Service or engage in activities that constitute resale, as determined solely by CVC. The resale or re-distribution of CVC Internet Service or any other associated services by any and all means is strictly prohibited.
You may connect multiple computers within a single home or office location to your Internet Service, but only through a single account and a single IP address obtained from CVC. All IP addresses, static or dynamically assigned, are the property of CVC.
PRIVACY
CVC is committed to protecting the privacy of your information that we collect. CVC collects information required to bill your account, information required to provide Service to you, and information required to monitor the performance of our systems. We do not disclose any of your personally identifiable information such as, but not limited to, email name, email messages, billing address or usage information to any third parties except as required to provide you Service or by legal or law enforcement directives. CVC may use your information to inform you of new products, service changes and other information related to services offered by CVC.
ACCEPTABLE USE
CVC reserves the right to deny Service to you, or to immediately terminate your Service for material breach, if your use of the Service or your use of an alias or the aliases of additional users on your account, whether explicitly or implicitly, and at the sole discretion of CVC, is obscene, indecent, pornographic, sadistic, cruel or racist in nature or of a sexually explicit or graphic nature; or espouses, promotes or incites bigotry, hatred or racism; or might be legally actionable for any reason; or is objectionable for any reason; or in any manner violates the terms of this Agreement.
Your Service may only be used for lawful purposes. Transmission of any material in violation of a federal or state law, rule or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene by local community standards, or material protected by trade secret.
CVC respects the intellectual property rights of third parties, including those granted under U.S. copyright laws, and the interests of its subscribers and content providers on the Internet. You may not store material of any type or in any format on, or disseminate such material over CVC’s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under U.S. copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of CVC to terminate, in appropriate circumstances, the Service provided to any customer or account holder who is deemed to infringe upon third party intellectual property rights. Appropriate circumstances may exist where a customer or account holder has been found by a court of competent jurisdiction to have infringed upon the copyrights of a third party on two or more occasions (e.g., repeat infringer); or a customer or account holder has entered into an agreement acknowledging wrongdoing to settle a claim of copyright infringement and subsequently uses CVC’s Service to violate the term of that agreement by engaging in copyright infringement or to otherwise engage in conduct that is found by a court of competent jurisdiction to constitute copyright infringement; or where a valid, effective and uncontested notice has been provided to CVC alleging facts which are a violation by the customer or account holder of CVC’s Copyright Policy prohibiting infringing activity involving CVC’s systems or server; or in other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, CVC expressly reserves the right to terminate or suspend the Service of any customer or account holder if CVC, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights CVC may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please contact CVC at 1-800-247-8885.
You agree to indemnify and hold harmless CVC, its affiliates, employees, officers, directors and suppliers from any claims resulting from your use of the Service which damages you or another party. Any unlawful use of this Service may result in immediate termination of the Service without prior notice. CVC reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or email containing threats of violence or other illegal activity, transmission of illegal pornographic material, or any other activity deemed illegal by federal or state law. Further, you agree to hold CVC, its affiliates, employees, officers, directors or suppliers harmless from, and to indemnify CVC, its affiliates, employees, officers, directors or suppliers for any damages resulting from our cooperation with law enforcement agencies.
LIMITATIONS ON USE OF THE SERVICE
You agree that your use of the Service and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and is subject to all applicable local, state, national and international laws and regulations.
You agree that the Internet, as a worldwide network, is not owned, operated or managed by, or in any way affiliated with CVC, and CVC is not responsible and has no control over the information or materials accessible via the Internet through use of the Service. You further agree that CVC does not own or control all of the various facilities and communications lines through which access may be provided, nor does CVC guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by CVC. CVC cannot and does not guarantee that the Service will provide Internet access that meets your needs.
You agree and acknowledge that through your use of the Service, you may have access to information which may be sexually explicit, obscene or offensive, or otherwise unsuitable or objectionable, especially for children under the age of eighteen years old.
You agree to supervise usage of the Service by any minors who use your account to access the Service. CVC is not responsible for access by any users, you, or minors, to objectionable or offensive information or data.
You agree that CVC cannot and does not guarantee or warrant that data available for downloading through the Service will be free of defects, infection or viruses, worms, Trojan horses, or other code that manifests contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data.
You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information you transmit or receive over the Internet. CVC is not responsible for invalid destinations, transmission errors or corruption or security of your data.
PRICING OF SERVICES
CVC’s charges and fees for the Service you select are supplied to you during the ordering process. You agree to pay the charges applicable to your selected Service plan. You also agree to pay all other charges, including but not limited to, applicable taxes, surcharges, activation fees, installation fees, set-up fees, equipment charges, termination fees and other nonrecurring charges. You also agree to pay any applicable charges or fees applied to your billing account for any reason, including but not limited to charges due to insufficient funds. Activation fees are payable prior to activation of your Service.
Billing for your Internet Service will automatically begin on the date provisioning of your Service is complete and ready for use.
CVC bills customers for their Service monthly. Payments are due when the bill is rendered. Payments may be made by check, cash, credit card or online bill pay. Returned checks are subject to a $25.00 fee. Upon CVC’s receipt of a returned check, the customer may be required to pay their account with cash or a money order. Any customer having two checks returned for insufficient funds may be required to pay for service in advance with cash or a money order in order to maintain their Service.
CVC reserves the right to change the charges and fees for Service at any time. CVC will notify customers ten (10) days in advance of any increase in charges or fees for Service. Usage by the customer of the Service following the effective date of the change shall constitute acceptance by the customer of the proposed change.
TERMINATION OF SERVICE
If you are a month-to-month Internet Service customer, either you or CVC may terminate your Service at any time. There is no penalty for termination of your Service unless you have a special Service Contract. If you elect to terminate Service, charges will cease upon receipt by CVC of your request. CVC reserves the right to terminate Service to accounts that exceed their restrictions.
Customers with Internet Service that elect to commit to a Service Contract agree to pay CVC a Termination Fee in the event that the Service is terminated before completing the term of service. Upon completion of your Service Contract, your Service will continue on a month-to-month basis and you may terminate the Service at any time with no penalty.
If, at the sole discretion of CVC, you are in breach of any of the terms of this Agreement, including but not limited to all policies regarding abuse and acceptable use of the Service; or if your use of the Service is prohibited by law or is disruptive to, adversely impacts, or causes a malfunction of the Service, CVC’s network or the use and enjoyment of other users; or if CVC receives an order from a court to terminate your service; or if CVC for any reason ceases to offer the Service, then CVC at its sole election may terminate or suspend your Service immediately without notice.
Non-payment disconnections are performed when the customer’s account becomes one month past due. If payment in full including the past due amount is not received by 4:30 PM on the due date of the current bill, the account will be considered in default and the Service may be terminated. If the customer’s account is disconnected for any cause, a reconnection fee will be charged to the customer’s account. Unless CVC is notified by the customer, the customer’s account will be reactivated upon receipt of the payment in full. If the account is not reactivated within three months, the account will be permanently disconnected and future Service will require the customer to establish a new account and pay any applicable activation fees.
WARRANTIES AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED BY CVC IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. CVC ALSO DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CVC DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY CVC WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS OR THE LIKE. CVC SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER YOUR EQUIPMENT OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. CVC MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. CVC MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY.
IN NO EVENT SHALL CVC (OR ITS AFFILIATES, EMPLOYEES, OFFICERS OR DIRECTORS), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF CVC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES OR ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
INTERNET SECURITY
You are responsible for the protection of your account, data and equipment. You are advised that the Internet, as a worldwide network, is not a secure system. Data can be, and often is, viewed by third parties. Information of a private or confidential nature should not be placed on the system, or if it is, you should take steps to protect such information using encryption technologies. You are responsible for development and maintenance of any security procedures you deem appropriate, such as logon security and encryption of data, user ID and password on your modem and/or router, and firewalls, to protect your information. CVC specifically denies any responsibility for the security of your account, the data stored in CVC’s facilities, any equipment using your account, or data stored on your equipment. CVC is not a storage facility and customers wishing to safeguard their data should make back-ups and store them in a secure place.
It is recognized that the Internet may contain viruses or other harmful programs which may, if not eliminated, destroy parts or all of the data contained in your computer. CVC has no control over these programs. It is also recognized that a person or persons on the Internet may attempt to access your computer or data on your computer without your permission while you are online. CVC has no control over these people. CVC does not provide any filtering, firewalling, checking of activity, or other security measures to protect you from these activities. You agree to provide your own mechanism for checking your computer system for viruses and other harmful programs and for checking your computer system for unauthorized access. You agree to hold CVC, its affiliates, employees, officers, directors and suppliers faultless for any damage caused by viruses and other harmful programs or damage caused by unauthorized access obtained through your Service.
CVC reserves the right to monitor and/or terminate the activities of any user when said activities are adversely affecting CVC services or customers.
REGULATORY AND LEGAL COMPLIANCE
In the event there is a ruling, regulation or order issued by a judicial, legislative or regulatory body that causes CVC to believe that this Agreement may be in conflict with such rules, regulations and orders, CVC may terminate or modify your Service and/or this Agreement immediately without notice.
In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. CVC reserves the right to modify the Service to reflect any change in any applicable tariff or underlying network service or component affecting the Service.