WHITE RIVER CONNECT
RESIDENTIAL AGREEMENT FOR SERVICES
1. SERVICE AGREEMENT. This standard agreement (this “Agreement”) governs your service relationship with White River Technologies, LLC dba White River Connect, LLC (together with any subsidiaries or affiliates providing your service or related facilities, “we,” “us,” or “Connect”) for services and facilities (“Service”). We now provide Service pursuant this Agreement, including the additional Terms of Service incorporated herein by reference.
2. ACCEPTANCE. Your acceptance of this Agreement occurs upon any of the following: (a) you provide a written or electronic signature expressly accepting; (b) you orally or electronically order and/or activate Service; or (c) you use Service, following notification that this Agreement will apply to your ongoing use.
3. ADDITIONAL TERMS OF SERVICE. We provide Service pursuant to authorization received from the Missouri Public Service Commission (PSC) as well as customer bylaws, where applicable. We provide Service subject to our Terms of Service, including: (a) this Agreement (b) our Services Catalog Terms and Conditions, which are incorporated herein by reference; (c) our Cooperative bylaws, as applicable; (d) our applicable rules, terms, regulations and rate schedules for each service, which are incorporated herein by reference; and (e) applicable rules and regulations of the PSC or Federal Communications Commission. Current versions of our Services Catalog are available in electronic form on our website at www.whiteriverconnect.com/legal. Current versions of these documents are also available at our business office(s) and will be provided or made available to you upon request. Our Services Catalog contains the specific prices and charges, service descriptions, and other terms and conditions not set forth herein which apply to Service.
4.RIGHTS AND RESPONSIBILITIES. This Agreement is our standard service agreement. Under this Agreement, we agree to provide and bill for Service, and you agree to use and pay for Service, as provided herein and pursuant to our other applicable Terms of Service. Our rights and responsibilities, and your rights and responsibilities, are as set forth in this Agreement and our other applicable Terms of Service.
5.TERM. This Agreement shall commence on the date of your acceptance and shall continue month-to-month (or, in some cases for an established minimum term) as provided in our applicable Terms of Service, unless specified elsewhere in writing. Either party may terminate this Agreement or any Service in accordance with our applicable Terms of Service. Termination of this Agreement or any Service shall not waive or release your obligation to pay for Service provided prior to such termination as well as any other applicable fees and charges, as provided in our Terms of Service.
6.RATES; PAYMENT. Nonrecurring and recurring charges for Service are available at request. Please contact Connect for such charges. Except as otherwise noted, Service pricing is exclusive of applicable local, state, and federal taxes and regulatory fees, assessments, and surcharges. All Service charges, along with applicable local, state, and federal taxes and regulatory fees, assessments, and surcharges, will be itemized on your invoice. Failure to pay invoices when due may result in late payment penalties or suspension or disconnection of Service as provided in our applicable Terms of Service.
7.CHANGES TO TERMS. We reserve the right to change our Terms of Service (including rates or any other terms and conditions of Service) upon written notice to you. The notice may be provided on your monthly bill, as a bill insert, by email, on our website, or by other written communication or other form of notice permitted or required by applicable laws and regulations. If you elect not to cancel your Service and continue to use Service after the communicated effective date of any such changes, your continued use of Service will constitute acceptance of the modified Terms of Service.
8.SERVICE ACCOUNTS. Service accounts are assigned to customers only, and the customer in whose name the account is established will be treated as the account owner for all purposes. Account owners may designate one or more “authorized users” who will have access to account information and may make certain account changes in accordance with our policies and applicable laws and regulations. As the owner of the account, you are responsible for designating (or changing the designation) of any authorized users. You will hold Connect harmless from any claims arising from account instructions given or inquiries made by you or any authorized user. You are responsible for keeping all account and billing data with Connect up-to-date and accurate. Furnishing false data to Connect is grounds for immediate disconnection of Service and may subject you to civil or criminal liability.
9.USE OF CUSTOMER INFORMATION. From time to time Connect can provide the customer with Services marketing or educational information based on existing or presumed use of one or more Services. To the extent Connect uses customer’s information in its possession it is called Customer Proprietary Network Information or CPNI. Connect may use CPNI to advise the customer on utilizing existing or new related Services. Connect does not sell or provide this information to any third parties, other than the E911 records required by law if you are a telephone customer. The customer has a right to restrict Connect’s access to CPNI. If you choose to opt-out of Connect’s use of CPNI, please contact our business office to be placed on a list where we will not use your CPNI. Further, the customer hereby gives Connect permission to contact them, using any of the information required for Connect to provide the Services requested, including the phone number or email you provide, about future Services that Connect will be offering that may be of interest to customer.
10. DISCLAIMER OF WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN OUR TERMS OF SERVICE, WE MAKE NO WARRANTIES WITH RESPECT TO ANY SERVICE OR FACILITIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES CONCERNING THE SPECIFIC FUNCTION OF ANY SERVICE OR FACILITIES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR SPECIFIC NEEDS. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11.LIMITATION ON REMEDIES. In addition to any other limitation on remedies or limitations of liability set forth in our Terms of Service or in applicable law or regulations, Connect shall not be liable for any delay or failure to provide Service at any time or from time to time, or any interruption or degradation of Service quality that is caused by any of the following: (a) an act or omission of an underlying carrier, service provider, vendor or other third party; (b) equipment, network, or facility failure, including failure caused by the loss of power; (c) equipment, network, or facility upgrade or modification; (d) force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism, and government actions; (e) equipment or facility shortage; (f) equipment or facility relocation; (g) any act or omission by you or any person using your Service; (h) theft, fraud, or abuse of Service; or (i) any other cause that is beyond Connect’s reasonable control.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO CONNECT BY YOU FOR THE APPLICABLE SERVICE DURING AND FOR A PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF ANY ERROR, DEFECT OR FAILURE AND CEASING UPON THE DISCOVERY OF SUCH ERROR, DEFECT OR FAILURE, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD OF TIME EXCEED THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT, OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR TREBLED OR ENHANCED DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER SUCH DAMAGES ARE CLAIMED FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. INDEMNIFICATION. You agree to indemnify Connect and our affiliates, officers, agents and employees from any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees arising from or related to your abuse or misuse of Service, or any other violation of this Agreement or our other Terms of Service.
13. GOVERNING LAW. This Agreement, and our contractual and service relationship with you, shall be deemed to have been made in and shall be governed by and construed in accordance with the substantive laws of the State of Missouri, without regard to the principles of conflicts of law.
14. INCORPORATION AND INTEGRATION. Our Terms of Service are incorporated into this Agreement. This Agreement, along with our other Terms of Service, constitute the entire agreement between the parties concerning our contractual service relationship, there being no prior written or oral promises or representations not incorporated herein or therein.
15.NO IMPLIED WAIVER; SEVERABILITY; ASSIGNMENT; BINDING EFFECT. Our failure to exercise or enforce any provision of or rights under this Agreement or our other Terms of Service shall not constitute a waiver of any such provision or right. If any part or provision of this Agreement or our other Terms of Service is held, in whole or in part, to be invalid, illegal, or unenforceable by any law or regulation of any governmental or regulatory authority, or by the final determination of any court of competent jurisdiction, that part or provision will be construed consistent with applicable law or regulation as nearly as possible, and the remaining parts and provisions will remain in full force and effect. Such invalidity or non-enforceability will not invalidate or render unenforceable any other part or provision of this Agreement or our other Terms of Service. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns; provided, however, you may not assign or transfer your rights or obligations under this Agreement without our express written consent. Unless consent is granted, all accounts must be closed and reopened under the name of a new customer for issuance of a new account number.
16 .NO PARTNERSHIP. Neither these Terms, nor any terms and conditions contained herein, shall be construed as creating any partnership, joint venture, franchise or agency relationship between the parties.
17. THIRD PARTY RIGHTS. Other than as expressly provided in these Terms, these Terms does not create any rights for any person who is not a party to it, and no person who is not a party to these Terms may enforce any of its terms or rely on any exclusion or limitation contained in it.
PHONE SPECIFIC TERMS AND CONDITIONS
18. 911 SERVICE ADDRESS. Connect has determined your 911 address to be one and the same as your Service Address portion of your records. Verification of this address will ensure Connect is providing emergency personnel the most accurate location possible for the emergency personnel to then act in accordance with its emergency dispatching procedures. If you have any changes to this address, it is your responsibility to update Connect accordingly. Connect will act in good faith to coordinate with emergency services to provide the most accurate location description available. Connect is not responsible for emergency personnels’ response or dispatching availability or procedures.
INTERNET SPECIFIC TERMS AND CONDITIONS
19. SERVICES. Connect will provide, and customer will purchase Internet access on the terms and conditions set forth in this Agreement and Connect’s Acceptable Use Policy (AUP). The customer will comply with the AUP as published at www.whiteriverconnect.com/legal.
20. NETWORK AVAILABILTITY. Based on network availability, Internet access service is a “best efforts” service, which can provide upstream and downstream speeds selected by the customer. The actual speed experienced by the customer may vary and depend on several factors not limited to, but including, customer location, the destination on Internet, traffic on Internet, or other factors not controllable by Connect. No minimum level of speed is guaranteed without a specific Service Level Agreement.
21. EQUIPMENT NETWORK ADDRESS. To use the Services, Connect will provide to the customer a non-portable TCP/IP network address(es). Any pre-existing customer network address(es), because of Connect’s network configuration, is not to be routable on Connect’s network.
22. MINIMUM SYSTEM REQUIREMENTS AND WIRING. Customer acknowledges that any computer or other customer equipment must meet minimum system requirements to access the Services. Customer also agrees and acknowledges that certain inside wiring and/or equipment may be necessary to complete installation for the Services. Any fees for such wiring and/or equipment will be billed to the customer based on the prevailing hourly rate for Connect technicians and the cost of such equipment.
23.CUSTOMER EQUIPMENT. Connect is not responsible for any personal computer or network malfunctions and/or
damage to the customer’s hardware or software. If any of customer’s equipment requires modification or reprogramming to make it compatible with Connect provided Service, Connect shall not be liable for any applicable costs associated with modification or reprogramming charges.
24. ALLOWED USE. Connect is providing Internet access service on a retail basis to the customer. The customer agrees to utilize the service exclusively and not to provide access to third parties either through “sharing” or “resale” unless with advance written approval from Connect. The sharing of passwords or accounts is strictly prohibited.
25. SECURITY. Customer is solely responsible for the security of any device customer chooses to connect to the Services, including any data stored on that device. Connect recommends against enabling file or printer sharing of any nature whatsoever. Connect recommends that any files or services customer chooses to make available for remote access be protected with a password or other security device. Connect recommends that customer install a firewall to ensure the privacy of customer’s communications and to protect its data and network. Customer expressly assumes all risks relating to the security of its communications, data and network and its potential unauthorized access by others.
I have read and accept the residential agreement for services policy.
