THIS AGREEMENT DETAILS THE TERMS AND CONDITIONS FOR INDIVIDUALS WHO ARE SUBSCRIBERS OF SERVICES PROVIDED BY ROANOKE CONNECT.
INTERNET ACCESS TERMS OF SERVICE
This Agreement is between Roanoke Connect Holdings (hereinafter “RCH”), a North Carolina Limited Liability Corporation doing business at 518 NC Highway 561 West, Aulander, NC 27805, and the user of Services provided by RCH (hereinafter “Subscriber”), and together. This agreement is the sole agreement between Subscriber and RCH, and supersedes any other written or oral agreement. This agreement is bound when any Subscriber initiates Service with RCH. RCH also reserves the right, upon published notice to Subscriber, to modify the terms and conditions specified below. Failure to comply with stated policies will result in termination of accounts or Services.
The Parties acknowledge and agree that RCH retains ownership of certain equipment required for SmartGrid Service delivery including, but not limited to, routers, subscriber modules, and connectors, mounts, antennas and other components as specified in the applicable Service order.
In certain cases, in conjunction with the installation and maintenance of SmartGrid capabilities, RCH will have the capability, at its sole discretion, to provide access to wide area network Services, which may include internet access. Such access to wide area network Services, is referred to in this Agreement as the Service.
Subscriber represents that he or she is at least 18 years of age and has the right and ability to enter into this Agreement. By accepting this Agreement, Subscriber represents that he or she me meets this age requirement. Minors who use the Service must be supervised by a parent or guardian.
Subscriber agrees to provide RCH with accurate and complete contact information including legal name, physical street address, and local telephone numbers. RCH may refuse, suspend, or cancel Service if any contact information is found to be inaccurate or unverifiable. Any change to contact information must be reported to RCH within 10 days of the change.
Use of Services
Subscriber agrees that all use of RCH's Services are to be used for Subscriber's own use and may not be provided or resold to, in any manner, whether wholesale or retail, to the public or to any of Subscriber's customers, clients or tenants, without prior written consent from RCH.
Revealing your account passwords to others or allowing use of your account by others is prohibited. Subscriber is responsible for ensuring the privacy of their passwords are protected.
Subscriber is solely responsible for the provisioning, configuration, and maintenance of all equipment located on Subscriber's premises, including but not limited to, computer equipment, software, modems, and phone lines, excluding equipment provided by RCH. Equipment provided by RCH remains the property of RCH, and Subscriber agrees to use reasonable best efforts to prevent damage to or loss of equipment. Subscriber is responsible for replacement costs for equipment damaged, lost, or destroyed where damage is not due to a manufacturers defect.
Internet Services - Throughput
RCH's high speed Internet access is offered only as a best effort Service and should not be used for applications where availability and bandwidth are mission critical, unless Subscriber has executed a commercial agreement with RCH for Business Class Service.
Unless otherwise specified on a given RCH rate plan, RCH does not provide any minimum throughput guarantee. Uninterrupted and error free Service is not guaranteed. Business Class Service will take precedence over Residential Class Service during outages and upgrades.
Subscriber acknowledges that RCH actively manages the Service and as such, may, from time to time and at it's sole discretion, create maintenance intervals. Such intervals, defined as Subscriber Standard Intervals, for software and firmware for devices installed at the Subscriber premises, are currently planned to take place at 2:00 a.m. on alternating Wednesdays, and to extend for no longer than a planned interval of 2 hours.
Maintenance requirements beyond the Subscriber Standard Intervals will be communicated to the subscribers via email and social media.
Acceptable Use Policy
The use of RCH Service for illegal purposes is prohibited. Use of Peer to Peer, Torrent, or other mass downloading applications is strictly prohibited. Unlawful use may include, but is not limited to: illegal on-line gambling, transmissions, posting or downloading of child pornography, intentional spreading of computer viruses or harmful code, unlawful entry into public or private computer systems including RCH's own network infrastructure, trafficking in stolen credit card codes, use of the RCH network in violation of the Digital Millennium Copyright Act (DMCA), or any other violation of an applicable federal, state, or local law may result in account termination.
The Parties acknowledge and agree that owners of digital content will notify RCH of violations of the DMCA. In cooperation with such owners, RCH will investigate such violations. Upon determining the Subscriber has violated these terms, RCH will notify the Subscriber of such notification and provide confirmation from the owner to the Subscriber. The notification provided by the owner will be reviewed by RCH and if determined to be accurate, will result in contact from RCH to Subscriber. Such contact may be delivered via a telephone call documented in the customer care systems utilized by RCH, via an email to the email address provided by the Subscriber, or via U.S. Postal Mail to the Subscriber’s address, will be notification of the violation to the Subscriber.
A subsequent violation by the Subscriber, upon validation and verification by RCH, will result in the termination of Service to the Subscriber
RCH reserves the right to restrict, suspend or cancel Subscriber's Service if Subscriber's use is considered excessive, abusive, or in any way interferes with other RCH Subscribers or RCH's networks, at RCH's sole discretion.
Should RCH offer electronic mail Services, any use of RCH's electronic mail systems other than to send correspondence to a known personal recipient or business contact is strictly prohibited.
Forging of message headers, for the purpose of masking Subscriber's identity, is prohibited.
Spamming is the common term for the sending of unsolicited emails. The sending of such emails is an extremely undesirable activity in the Internet community and may be a violation of state and/or federal laws. Unsolicited mail sent from, through, to, or in reference to RCH Services or Subscribers is prohibited. Any violation of this or any of the following policies may result in the immediate termination of RCH Services without notice or refund, and a maintenance fee up to $200.00 per day may be charged to cover our costs of ensuring that all traces of the mailings have been eliminated, including removing messages in our mail input queues, answering complaints and removing RCH from any spam-block lists.
Bulk email, even when solicited, is prohibited unless prior written consent is obtained from RCH. The sending of bulk email messages is defined as sending 50 or more mostly identical messages during a 24-hour period.
Chain letters, "Get Rich Quick" schemes, or other potentially fraudulent content is prohibited.
Email accounts that have not been accessed in 30 days will be marked inactive. Inactive accounts that have not been reactivated will be removed after 90 days.
Harassment, Hacking and Fraudulent Behavior
Threatening actions of any kind with the implication or intent to harm persons, groups or property is prohibited. Harassment of any kind with the intent to annoy or threaten other persons is prohibited.
RCH forbids active searches for security problems in RCH's network, or any other network, reachable by Subscriber. RCH will pursue all legal avenues against those violating this policy, including but not limited to, criminal prosecution.
Subscriber will not attempt to probe, undermine, hinder, damage, or disrupt the hardware, software, or security of the RCH system, the RCH network, the Internet, or any system reachable directly or indirectly through our Service.
Any access to other networks through RCH must comply with the rules appropriate for that network. Specifically, this prohibits any commercial use of any public access network without prior consent from the administrators of that network.
Subscriber will not make fraudulent offers of products, items, or Service originating from a RCH network or system.
Malicious Conduct / Violations of the Law
Subscriber may use RCH's Services for lawful purposes only. All uses of Services by Subscriber shall comply with all local, state, and federal laws as well as all rights, obligations, limitations, or other interests of any third person or entity.
Unauthorized copying of copyrighted material, including but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, music, and copyrighted software is prohibited. The Subscriber assumes all risks regarding the determination of whether material is in the public domain.
Using RCH Services to post or transmit, in any form, any threatening, abusive, libelous, defamatory, or otherwise objectionable information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, or Federal law or regulation is strictly prohibited. RCH reserves the right to, in its reasonable good faith discretion and without notice, to provide Subscriber information to the courts, law enforcement agencies, or others involved in the prosecuting claims or investigations for conduct alleged to be illegal or to threaten or violate the rights of any person or entity.
Subscriber shall pay, in accordance with the provisions of the billing option selected by Subscriber, any registration or monthly fees, late fees, connect time charges, minimum charges, and other charges incurred by Subscriber at the rates in effect for the billing period in which those charges are incurred.
All monthly subscription fees are applicable each month, regardless of how many hours the Service is used and regardless of the number of days in the month that the Subscriber has an account with RCH. Usage-based fees will be billed in the calendar month subsequent to when they were incurred by Subscriber.
Subscriber shall pay all applicable taxes, government fees or FCC fees related to use of the Services.
Activation, installation, fulfillment, shipping, and handling fees are non-refundable.
If remitting payment by credit card, electronic check, EFT, or Services such as Paypal, Subscriber hereby authorizes RCH to charge all amounts owed to RCH to his/her credit card. Subscriber assumes all responsibility for notifying RCH of changes in credit card numbers and/or expiration dates.
The billing cycle is based upon the calendar month, beginning at 12:00 am on the first day of a given month and ending at 11:59 pm on the last day of the same calendar month. Invoices are generated on the 16th of each calendar month, and bill in advance for the following months service. Previously unbilled services will be added to invoices in arrears, rather than in advance.
Activation fees, registration fees and monthly recurring fees are billed in advance at the beginning of each month for the upcoming month of Service.
Credit Card Policies
Payments made by credit-card billing are posted automatically at the beginning of each billing cycle. The amount of the payment required will be whatever amount is necessary to reduce the account balance to zero.
RCH accepts American Express, Discover, Mastercard, or Visa credit/debit cards as well as ACH bank draft for payment. Each month's fees will be automatically charged unless otherwise specified by customer. RCH will be unable to process payment for a given account if the credit-card expiration date is expired, if payment is withheld or declined, or if the card has been reported lost or stolen.
In any of these events, RCH will contact the Subscriber upon notification that the payment method has been declined. The Subscriber will have five business days to correct the issue before Service is suspended or terminated. RCH reserves the right to limit access to any Subscriber if RCH is unable to process their credit-card payment, regardless of cause.
Returned Checks and Credit-Card Charge-Backs
Returned checks (returned as insufficient funds, stopped payment, etc.) will result in a $35.00 Service fee. Credit-card charge-backs will result in a $35.00 Service fee.
Subscriber agrees to defend, indemnify, and hold RCH and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorney's fees, resulting from use of the Service which damages Subscriber or another party.
Terms of Agreement
This agreement is effective from the date access is made available for the use of Subscriber.
Disclaimer of Warranty
SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT THE SUBSCRIBER'S SOLE RISK. NEITHER RCH NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES RCH OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES. THE SERVICES ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.
NEITHER RCH NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY. SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. SUBSCRIBER AGREES THAT IT WILL NOT IN ANY WAY HOLD RCH RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES.
Subscriber acknowledges that Internet sites and use of the Internet might consist of, include and/or provide access to images, sound, text, and other content that may be unsuitable for children and may be objectionable to adults. Subscriber acknowledges that RCH is not responsible for any such content or material and agrees that access to same through use of the Service is at Subscriber's sole risk.
Subscriber acknowledges that the reliability, availability, and performance of resources accessed through the Internet are beyond RCH's control and are not in any way warranted or supported by RCH. Subscriber acknowledges that safeguards relative to copyright, ownership, decency, obscenity, security, reliability, and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Subscriber acknowledges that RCH does not evaluate, endorse, or in any way vouch for the accuracy, completeness, truthfulness, security, or reliability of any Service, opinion, material of information made available through the Service. Subscriber assumes all risk and liability for use of the Internet.
RCH assumes no liability for damage to account files or loss of data due to RCH's direct or indirect fault. RCH assumes no liability for connect time charges that are attributable to the Subscriber's failure to maintain confidentiality or from failure to protect the password from unauthorized Subscribers. RCH makes no guarantee and assumes no liability for the security of any data on any server including "secure servers". The Subscriber acknowledges that there is no guaranteed privacy on the Internet and that RCH is not liable for any viewing or interception of the Subscriber's email, news, or other information by outside parties.
While RCH does not typically monitor the content of any of the Subscriber's files or activity, RCH reserves the right to monitor and restrict, suspend, or terminate subscriber activity if the activity adversely impacts RCH's Service, a subscriber’s Service or, solely in the discretion of RCH, appears to violate any law, rule, or regulation.
Right of Refusal
Notwithstanding any other provision of these guidelines, RCH reserves the right to refuse Service to any one for any reason, including, but not limited to, inappropriate postings, uploading or the inclusion of objectionable materials to a web-hosting space. If RCH, in its sole discretion, deems that any of the terms and conditions governing the relationship between the parties is being violated, RCH reserves the right to terminate the offending account immediately without notice or refund.
Subscriber agrees that the laws of the state of North Carolina will apply to all matters relating to this agreement and to RCHs computer systems and network, without regard to conflict of law principles. In addition, Subscriber agrees and consents that if Subscriber ever takes legal action against us, the courts the state of North Carolina will have exclusive jurisdiction over any such legal actions. All actions filed with respect to this agreement will be filed in Hertford County, North Carolina, and the parties to this agreement consent to the personal jurisdiction of these courts.