CVC Internet, LLC Terms and Conditions of High Speed Internet (Wireless Internet)
Conditions of Service updated July 1, 2008.
Terms are subject to change and will supersede prior terms of service.
Please read these Guidelines (Terms
& Conditions of Service),
carefully before opening or continuing an account with CVC Internet, LLC.
By using CVC Internet, LLC services, you agree to comply with these Terms & Conditions of Service.
This Service Agreement (hereinafter referred to as “Agreement”) is a legally binding contract between CVC Internet, LLC, with its principle office at 2250 South 6th Street, Klamath Falls, Oregon 97601 and any individual, corporation, association, agency, company or other entity (herein after referred to as the Customer), who accesses or uses the facilities, systems, or services of CVC Internet, LLC or it’s Network subcontractors, as described below.
“Terms and Conditions” of this Agreement are subject to change without prior notice. It is understood that CVC Internet, LLC does not own, or control any Internet computers outside of the cvc.net domain, nor the Network lines which connect them. The Internet is a collection of government, educational, commercial and private systems linked together without direction or management. CVC Internet, LLC does not control the accessibility, or content of systems which comprise the Internet. CVC Internet, LLC shall provide the Customer a connection(s) to the Internet from CVC Internet, LLC closest Point of Presence (POP) up to the bandwidth (the "Connection") selected on this Agreement.
Customer shall pay CVC Internet, LLC the monthly fee for Wireless Service during the term hereof plus a one time installation fee which shall be due upon Customer’s execution hereof. Customer will receive from CVC Internet, LLC the requirements necessary to provide Customer with the connection, which shall include, but not be limited to router configuration information, local loop information and the demarcation point (the "Requirements") and the date on which the requirements must be fulfilled (the demarcation point is considered to be the outer at CVC Internet, LLC closest POP). This Agreement does not include equipment charges, phone line charges, and/or installation charges.
CVC Internet, LLC is not responsible or liable for any of the following: Any obstruction(s) that might be erected or grow between Customer’s antenna and CVC Internet, LLC causing degradation or loss of service, debris or ice an antenna, re-aiming the antenna later than 14 days after installation, installing hardware and/or software in a different computer after initial installation, re-configuration of Network settings due to, but not limited to: tampering, reinstallation of operating system, accidental removal, or moving the hardware to another computer. Customer understands that Wireless Internet connectivity requires direct radio line of sight, and that any obstruction between CVC Internet, LLC and the Customer’s antenna will probably block the signal. Customer understands that because tree leaves hold water, they absorb the microwave signal and that will degrade or disrupt my connectivity. By getting equipment installed during a time of year when there are little or no leaves in the trees, there is a risk of loosing connectivity when the leaves come back on the trees (customer may require extra hardware and setup at that time). Wireless speeds may vary depending on service location, computer performance/configuration, Internet congestion or other factors. Uninterrupted or error-free service is not guaranteed.
CVC Internet, LLC is not responsible or liable for any damages whatsoever (including without limitation, damages relating to lost revenues or profits, lost data, work stoppage, Server failure or malfunction), resulting from or in any way related to, the hosting of Web pages on the Customer’s Server. Customer is solely responsible for storage maintenance and all related services as the Host Server. CVC Internet, LLC shall not be held liable for any charges, nor will Customer be entitled to any type of refund. Provision of CVC Internet, LLC services: Your purchase of CVC Internet, LLC Service(s) or equipment does not mean that we must provide services to you. We may decide not to provide services to you for any lawful reason. We may request that you provide us with any information we reasonably require to determine whether you qualify for services. Services and equipment may not be used for any unlawful, fraudulent or abusive purpose. You may not resell, lease, transfer or share services/equipment to anyone. Services are available within the operating range of the coverage and quality of services may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions. We do not guarantee that there will be no interruptions or delays in services. CVC Internet, LLC reserves the right to, from time to time, monitor the Customer’s activity. Upon the occurrence of a default by the Customer of any provision hereunder, CVC Internet, LLC reserves the right, in addition to any other remedies which may be available to it, to terminate this Agreement and services to the Customer hereunder. Customer must provide, at Customer’s own cost, all software and other equipment necessary to access and use the Internet service, and shall be responsible for all charges necessary for such access and use. Control over the receipt, display, transmission, or storage of all files and material is the sole responsibility of the customer who is accessing the Internet. Customer is solely responsible for user access security and network access. CVC Internet, LLC does not and cannot monitor or control the content and information accessed by the Customer. CVC Internet, LLC shall not be liable or held responsible in any way for any content or information accessed through our service by the Customer. Customer shall not permit others to use Customer’s account and shall notify CVC Internet, LLC of any known or suspected unauthorized use of Customer’s account. Customer is responsible for maintaining the confidentiality of his/her password. Customer shall fully be liable for all use of his/her account, including any unauthorized use of the account prior to CVC Internet, LLC receipt of notice from Customer regarding such unauthorized use. No more than one login session (Session described as - access to CVC Internet, LLC service and/or the Internet via Customer’s equipment) can be used at any time by the Customer on any Internet service account. If multiple connections are verified by CVC Internet, LLC, Customer will be responsible for additional charges.
Customer’s Anniversary Date (with or without contract) will be the 1st of each month. Example: If Customer begins service on the 12th of January, the Anniversary Date is the 1st of January, the service charge will be prorated for the remainder of January, thereby making their account due on the 1st of each successive month. This Agreement shall continue month-by-month as per the Agreement, unless otherwise stated. CVC Internet, LLC reserves the right to make changes to rates charged for goods or services provided by CVC Internet, LLC without prior notice. In the event the delay in activating the connection is the result of the Customer’s failure to comply with or provide any of the requirements, the term of this Agreement shall commence on the activation date.
Customer’s Anniversary Date (12 or 18 Month Contract): This Agreement shall extend from the Anniversary Date and remain in effect through the selected term of 12 or 18 months. After the term of the contract is fulfilled, the Agreement will be month-to-month until termination by written notice is received 30 days in advance (See “Terms of Deactivation” below). If you terminate this contract prior to fulfillment or we terminate service by your default, you agree to pay us in addition to all other amounts owing, the pre-agreed fee based on length of contract and/or technical wireless installation performed at no charge based on the terms of commitment. Customer will provide payment for products and/or services with a valid credit card with signed authorization to charge the Customer’s account, or payment by check/money order for full network connection costs including setup and periodic service fees, and any other charges the Customer may incur through our Services. Service to begin upon completion of validated procurement of fees. Setup fee is nonrefundable. Customer is responsible to notify CVC Internet, LLC of any changes in their name, address, credit card information, etc. To continue to receive Services from CVC Internet, LLC, you must have and keep satisfactory credit. If at any time, we determine in our sole discretion, that payment for Services may not be made when due, we will suspend Services to you, and require that you provide payment on account or a guarantee of payment before resuming Services. All past due accounts will incur a reactivation/reprogramming fee. Acceptance of late or partial payments (even if marked “paid in full”) does not waive our right to collect all amounts that you owe us. If the Customer has a dispute of charges, dispute must be received within 5 days of the billing date (the 1st of the month). Uncollectible Funds: Customer will pay in cash at CVC Internet, LLC office, within five (5) days of notification via E-mail, a fee equivalent to current insufficient funds/handling charges and charges for CVC Internet, LLC services that were not collected on checks or credit cards that are declined by the bank. Customer will provide CVC Internet, LLC with another valid chargeable credit card. Proration: If service is bought in one month increments or is part of a prorated charge, No Proration on the terms for cancellation for any prepayment is allowed. Nor is proration given, for Services not used. We do not record time used, unless Services are abused. If Customer request log time to be verified, a technical fee will be incurred. If Customer is unable to utilize Services, it is the responsibility of the Customer to contact CVC Internet, LLC, to place account on hold or to terminate Services.
Deactivation of service(s)/placing account on hold: To deactivate Services or place account on hold, Customer will need to complete a “Request for Deactivation of Service Form” or “Request to Place Account on Hold Form”, a copy may be obtained at the CVC Internet, LLC office (2250 South 6th Street, Klamath Falls, Oregon), during regular business hours, or Customer may request a copy to be mailed to them by U.S. Mail. Under this Agreement, Notices Given by the Customer shall be in writing (request by phone are not accepted), and must be received thirty (30) days in advance of the date Customer wants notice to become effective. We may terminate services at any time, with or without notice (for any conduct which CVC Internet, LLC, in its sole discretion, believes violates the “Terms and Conditions” of this Agreement, or is otherwise harmful to CVC Internet, LLC interests or the interests of other customers). We may deactivate before you receive notice of termination (if we give any notice) without liability to you. Termination by either of us may be with or without cause. The Customer specifically waives the right to sue or ability to subrogate those rights for any losses. You must pay all charges for services provided before termination of a account and equipment, regardless of who terminates services. If Services are terminated before the end of the month, the monthly recurring charge is not prorated to the date of termination, and you will not receive a credit or refund for any unused services.
Services can only be used for lawful purposes in compliance with all existing State of Oregon, Federal and International laws including, but not limited to: storing, distributing or transmitting of any illegal data. Anyone using the service (incoming or outgoing), will not use the service so as to interfere with or disrupt Network users, services or equipment. Disruption includes, but is not limited to: distribution of unsolicited advertising, propagation of computer worms, Trojan horses or other viruses, using the Network to make unauthorized entry to any other machine accessible via the service, mass posting, or receiving of messages to any e-mail box (Spamming) whether it be on CVC Internet, LLC or another Internet Service Provider, refrain from sending harassing or threatening electronic mail and forgery (or attempted forgery) of electronic mail and Usenet news postings.
Customer agrees to idemnify and hold CVC Internet, LLC harmless from any claims resulting from Customer’s use of this service. Use of other Networks may sometimes require approval of the respective Network authorities and use will be subject to any acceptable usage policies such Networks establish.
No warranty on software or related hardware products: CVC Internet, LLC makes no warranty with respect to any software or hardware used or provided by CVC Internet, LLC in connection with this service. Any patent, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product. CVC Internet, LLC assumes no responsibility for any actions from the possession or use of these software or hardware products.
DISCLAIMER OF WARRANTY: CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICES AND THE SYSTEM AND THE MATERIAL THEREIN AND STORAGE OF INFORMATION WHICH APPEARS IN THE SYSTEM IS AT CUSTOMER’S SOLE RISK. NEITHER CVC INTERNET, LLC NOR ANY OF ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS OR VENDORS WARRANTS THAT THE SERVICES OR THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SYSTEM IS FREE OF VIRUSES, WORMS, CANCELBOTS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; NOR DOES CVC INTERNET, LLC OR ANY OF ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS OR VENDORS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE SERVICES OR USE OF THE SYSTEM. THE SERVICES AND THE SYSTEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NO ADVICE OR INFORMATION GIVEN BY CVC INTERNET, LLC, ITS CONTRACTORS, AGENTS, AFFILIATES OR VENDORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER CVC INTERNET, LLC NOR ITS AFFILIATES, CONTRACTORS, AGENTS, VENDORS OR THEIR RESPECTIVE EMPLOYEES MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED BY A THIRD PARTY THROUGH THE SYSTEM OR THE INTERNET. IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED BY THIRD PARTIES THROUGH THE SYSTEM OR THE INTERNET. LIMITATION OF LIABILITY: NEITHER CVC INTERNET, LLC NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR OPERATING THE SYSTEM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE. THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, OR OTHERWISE CAUSED OR ALLEGEDLY CAUSED BY USE OF THE SYSTEM OR INABILITY TO USE THE SYSTEM, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER CVC INTERNET, LLC NOR ITS AFFILIATES, CONTRACTORS, AGENTS, VENDORS OR THEIR RESPECTIVE EMPLOYEES SHALL BE LIABLE IN ANY WAY FOR ANY DAMAGES THAT RESULT IN ANY WAY FROM CUSTOMER’S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SYSTEM OR THE INTERNET BY THIRD PARTIES. THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION BASED ON THE SUBJECT MATTER OF THIS AGREEMENT IS TO TERMINATE THIS AGREEMENT EFFECTIVE IMMEDIATELY. Routine maintenance and periodic System repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of service. As a result, CVC Internet, LLC does not guarantee continuous or uninterrupted service and reserves the right from time to time to temporarily reduce or suspend service without notice. Customer shall indemnify and hold CVC Internet, LLC and it’s directors, officers, employees, and agents harmless from any and all obligations, charges, claims, liabilities, costs and fees incurred as the result of interruptions or omissions of service.
Third party products/services: Customer is responsible for providing equipment and services necessary to utilize the System except as set forth in this Agreement. CVC Internet, LLC shall provide only the services set forth in this Agreement and related business order form(s), and CVC Internet, LLC is not responsible in any way for information, products, or services provided by third parties, even if advertised or made available through the system or the Internet. Customer agrees to promptly pay any third party vendor for any products or services obtained through the system or the Internet, and to abide by the “Terms” of any agreement the Customer enters into through the system or the Internet.
Bandwidth usage: CVC Internet, LLC reserves the right to ask an individual or business who CVC Internet, LLC views as an excessive bandwidth user, to decrease the usage and/or upgrade their account. After receiving notification, if the Customer does not upgrade their service or decrease their usage, CVC Internet, LLC reserves the right to place limits on the Customer’s bandwidth.
Use by a minor (Under 18): CVC Internet, LLC customers must be at least eighteen (18) years of age (proof required) to sign up or use Internet Services without prior approval and signed authorization (on front of this Agreement) by parent or legal guardian. If you are a minor’s parent or legal guardian, you may authorize the minor’s use of your account, by signing the use by minor section of this Agreement. Parent or legal guardian must show valid driver’s license as proof of parent or legal guardian’s age. Parent or legal guardian assumes all liabilities resulting from the minor’s use of CVC Internet, LLC services. CVC Internet, LLC services include access to many areas of the Internet, including Web sites, Usenet discussion groups, personal pages, and IRC channels. Some of these areas contain discussion, materials, and pictures intended for adult audiences. CVC Internet, LLC reserves the right to terminate any and all services to the customer at any time, without prior notice or liability, for any conduct which CVC Internet, LLC, in its sole discretion, believes violates the terms and conditions of this Agreement, or is otherwise harmful to CVC Internet, LLC interests or the interest of other customer.
The Customer specifically waives the right to sue or ability to subrogate those rights for any losses. Severability/Entire Agreement: If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement will remain in full force and effect. This Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding, written or oral.
Pursuant to Digital
Millennium Copyright Act, Title 17 U.S.C. 512
(C)(2), CVC Internet, LLC Designated Agent for receipt of any claims of
copyright infringement is CVC Network. CVC Internet, LLC Designated
Agent may be contacted using any method below. Notice of any
claimed infringing materials must comply with applicable law.
MAIL: CVC Network, 2250 South 6th Street, Klamath Falls, OR 97601
PHONE: (541) 884-5488 ext. 21 / FAX: (541) 884-8943 / E-MAIL: email@example.com
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