Internet Service Agreement
Dial-Up Service
|
Yadkin Valley Telecom,
Inc. Internet Service Agreement Dial-Up Service |
Please carefully read and review the terms and conditions
of this Agreement before using the Service. This is a legal agreement between
you the Subscriber and Yadkin Valley Telecom, Inc. (“Yadkin Valley”)
for the use of the Service. By completing the registration and using the Service,
you signify your agreement to all terms, conditions, and notices contained or
referenced herein. If you do not agree to these terms and conditions do not
use the Service. We reserve the right, at our discretion, to update or revise
this Agreement. Please check Yadkin Valley’s web site (www.yadtel.net)
periodically for changes. Your continued use of this service following the posting
of any changes to the Agreement constitutes acceptance of those changes.
By using the Service, you also agree to abide by Yadkin Valley’s Acceptable
Use Policy, including but not limited to, agreeing not to use this site for
any unlawful purpose. A copy of the Acceptable Use Policy, which you should
review, is furnished separately and can be found on Yadkin Valley’s web
site.
Yadkin Valley will employ best commercial efforts to provide transmission speeds
of up to 53 Kbps (thousand bits per second) downstream and up to 33.6 Kpbs upstream
(between the customer location and the Yadkin Valley’s Internet gateway).
The actual data throughput experienced by you will be variable and will depend
on several factors including the data overhead inherent with IP connections,
your location, destination on the Internet, traffic on the Internet, interference
with high frequency spectrum on your telephone line, etc. No minimum level of
speed is guaranteed. While Yadkin Valley will employ best commercial efforts
to maintain service availability, no guarantee is made regarding continuity
of the Service, or the ability to log on to the Service.
A. DEFINITIONS
1. “Agreement’ means this Service Agreement as it may be amended from
time to time.
2. “Computer” means the personal computer(s) located at Subscriber’s
location that will be used to access the service. Each computer will need to
meet certain minimum hardware and software requirements as described in Appendix
A. Such requirements may be changed from time to time by Yadkin Valley.
3. “Subscriber” means the account holder authorized by Yadkin Valley
to access and use the service.
4. “Service” means Internet Protocol (“IP”) connectivity
to the Internet gateway using dynamically or statically assigned IP addresses.
5. “Initial Period” shall mean a minimum period of time the subscriber
is committed to pay for the service in recognition of certain considerations
extended to the subscriber by Yadkin Valley at the initiation of the Agreement.
B. GENERAL
1. Use of the Service supplied by Yadkin Valley is expressly limited to you
and your immediate family or direct employees. Account sharing or resale is
not permitted. Transfer of the account to any other person or entity, without
the approval of Yadkin Valley, is prohibited.
2. Because our country allows the free interchange of ideas, you should be aware
that some sites, accessible via Yadkin Valley's Service may allow posting, retrieval,
and/or electronic mailing of materials that you may consider obscene or objectionable.
3. You must be at least 18 years of age to use the Service. You may, at your
discretion, permit minors to use the Service under adult supervision. If you
wish to utilize parental control (filtering) software designed to limit access
to certain material on the Internet, such software may be obtained from Yadkin
Valley for a fee. Yadkin Valley’s filtering software is made available
without any representations or warranties as to its suitability for use. There
may be other such software more suitable to your particular needs, and it is
your responsibility to make such a determination. Parental control software
may not prevent access to all information of the type it is intended to filter,
and therefore, is not a replacement for adult supervision.
4. You are responsible for confidentiality of all account numbers and passwords.
Yadkin Valley will suspend access or change access to your account immediately
upon notification by the subscriber that a password has been lost, stolen or
otherwise compromised. You must notify Yadkin Valley within 24 hours of discovering
any unauthorized use of your account.
5. Some material downloaded from the Internet may contain computer viruses.
In addition, hackers can gain access to your computer when it is connected to
the Internet. Yadkin Valley strongly recommends that you install virus detecting
and firewall software on your computer. Yadkin Valley does not supply this software.
You must obtain it from other sources. In addition, you should follow industry
accepted security practices such as not opening e-mail from unknown sources.
6. You are responsible for backing up of data on your computer before installation
of hardware and software.You are responsible for obtaining all equipment and
software necessary to connect to the Internet. Yadkin Valley will provide software
to aid in establishing a network connection, but it is your responsibility to
install the software on your computer. Assistance is available consistent with
item 8 in this section.
7. For software provided by Yadkin Valley, Yadkin Valley grants a limited, non-exclusive
license to use the software, in object code form only, solely for the purpose
of connecting to the Service. This license will commence upon the initial furnishing
of the Service and will terminate immediately upon termination of the Service.
You are permitted to make a single copy of the software solely for backup purposes,
provided that such copy contains the same copyright notices and proprietary
markings as the original software. You will not engage in, and will not permit,
any other copying, or any translation, reverse engineering or reverse compiling,
disassembly or modification of or preparation of any derivative works based
on the software, all of which are prohibited.
8. Installation assistance and assistance in the resolution of many routine
problems is available by dialing a toll-free number. This service is provided
by Yadkin Valley’s wholesale Internet provider. More complex technical
assistance requiring the intervention of Yadkin Valley’s technicians, either
on the phone or in person, is available for an additional fee. Two hours of
telephone technical assistance by Yadkin Valley technicians is provided free
of charge during the life of the agreement.
9. Yadkin Valley shall have the right at any time to add to, modify, or delete
any aspect, feature, or requirement of the service, including but not limited
to content, equipment, and system requirements.
C. BILLING
1. You agree to pay Yadkin Valley all charges relating to use of your account
including those associated with local service, long distance service, all sales
and use taxes, and all other taxes which are applicable to the Service.
2. Access is subject to credit limits and/or security deposits established by
Yadkin Valley.
3. Yadkin Valley reserves the right to change prices with 30 days notice.
4. All invoices are due upon receipt and payable within 30 days unless other
arrangements have been made in advance. An administrative late charge may be
charged on accounts that are not paid within the 30 day period.
5. Yadkin Valley may charge a service fee for all returned checks and bank card
or charge card chargebacks.
6. Yadkin Valley reserves the right to suspend access to the Service upon an
indication of credit problems including delinquent payments. A reconnection
charge will apply after payment of any outstanding balance.
D. OWNERSHIP/COPYRIGHT
1. Information available on the Internet is the property of its providers or
other Internet users. You shall not redistribute, reproduce, or commercially
exploit such information without express written permission of its owner. Information
providers shall have the right to assert and enforce such copyright provisions
directly on their own behalf.
2. By submitting information owned by you for publication on the Internet you
grant Yadkin Valley non-exclusive permission to distribute the information product
worldwide. You retain all rights you may have to such information.
3. You agree that any material submitted for publication on the Internet through
your account(s) does not violate or infringe upon any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or contain anything
obscene, objectionable, or libelous.
4. You acknowledge that safeguards relative to ownership, decency, reliability
and integrity of content may be entirely lacking with respect to the Internet
or other services or content accessible through Yadkin Valley’s Service.
You assume all risk and liability of your use of the Internet and such content.
E. DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY
1. YADKIN VALLEY’S INTERNET SERVICES ARE PROVIDED ON AN “AS IS, AS
AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE
MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDEDTHEREBY.
2. Some sites accessible via Yadkin Valley's Service allow posting, retrieval,
and/or electronic mailing of materials that may be considered obscene or objectionable.
Yadkin Valley assumes no responsibility for any content on the Internet or content
that you post to the Internet.
3. Yadkin Valley makes no warranties as to the speed or performance of the system,
including, but not limited to, any warranty that any data files or other communications
will be transmitted in uncorrupted form or within a reasonable period of time,
or that the Service will be uninterrupted or error free. There is no guarantee
of message delivery.
4. Yadkin Valley is not responsible for your personal files residing on the
Internet. You are responsible for independent backup of such data.
5. The service allows you to access via the Internet certain content, merchandise
and services for which there are charges payable to third parties. You, and
not Yadkin Valley, have the sole responsibility to pay the these charges and
shall indemnify and hold harmless Yadkin Valley for all liability in connection
to such charges.
6. There is a risk that you could be subject to a variety of security breaches.
This means that other people, without your knowledge or permission, may be able
to access, monitor and alter your computer files or render your computer inoperable.
You should also be aware that when using the Internet there are certain applications,
in which you might willingly allow others to gain access to your computer. In
either case you should take the appropriate security measures to protect your
computer against unauthorized access. Yadkin Valley shall have no liability
whatsoever for any damage caused by bugs, viruses, or security breaches to your
computer.
7. Installation of hardware and software necessary to use the Service could
result in damage to your computer, or loss of data files. You are responsible
for backing up all data files stored on your computer prior to installing the
software and connecting to the service. Yadkin Valley shall have no liability
for damage to your computer or loss of data files.
8. Yadkin Valley shall not be liable for any delay in or failure to perform
the services caused by circumstances entirely beyond its control such as those
occasioned by acts of God or other causes or which it could not have reasonably
foreseen or any other cause which similarly impedes the providing of service.
9. In order to install certain hardware, it may be necessary to open your computer.
You assume responsibility for loss of any warranty associated with such opening
of your computer. If Yadkin Valley supplies required hardware, it is permissible
for you or a third party to install such required hardware.
10. If Yadkin Valley supplies hardware, and if the manufacturer’s warranty
on that hardware is less than 90 days, Yadkin Valley will extend the manufacturer’s
warranty on such hardware to 90 days after installation,. This extension of
warranty is void unless the subscriber has installed and properly connected
approved surge protection (As specified in Appendix A) that protects both the
AC power lines and telephone lines at the location of the modem.
F. OPERATION
1. Yadkin Valley reserves the right to delete customer personal files which
have not been accessed for more than one month.
2. You are warned that Internet services may be interrupted for several reasons,
including but not limited to malfunctions, maintenance, improvement or as required
to protect network resources in the event of malfunctions or misuse. You acknowledge
that there may not be advance notification of any such interruption of service.
3. Yadkin Valley reserves the right in its sole discretion to delete any informationstored
on hardware owned and/or controlled by Yadkin Valley..Yadkin Valley and its
authorized representatives shall have the right, but shall not be obligated,
to edit publicly viewable information.
4. Suspension of Service
a. Yadkin Valley, at its sole judgment, may immediately suspend your access
to the service upon any breach of any of this Agreement, including, but not
limited to, refusal or failure to pay for services provided or disruptive online
behavior.
b. Although Yadkin Valley has limited authority with regard to information that
passes between individual users of the internet, it is our responsibility to
respond to complaints of individual users who are subjected to illegal use of
the medium, or who are subjected to unsolicited material that is, in the judgment
of Yadkin Valley, considered objectionable to, or damaging to the data of other
subscribers and users of the internet.
In keeping with that responsibility, Yadkin Valley reserves the right to suspend
the service of any of its subscribers who knowingly, or unknowingly, generate
such illegal or unsolicited material.
5. Restoral of Service; Yadkin Valley will restore a service suspended consequent
to 4 above when, in Yadkin Valley’s judgement, the condition leading to
the suspension has been resolved.
6. Yadkin Valley reserves the right to terminate access to service for any customer
account which has not been active for six months or longer.
G. TERM/TERMINATION
If no Initial Period applies, or if the Initial Period has expired, this agreement
shall remain in effect so long as the Service is provided or until terminated
by either party by providing the other party written or verbal notice.
Minimum Service Requirement: No minimum service requirement “Initial Period”
applies if no consideration was extended to the subscriber by Yadkin Valley
at the initiation of the agreement. (As specified in Section I)
If at the initiation of the agreement, Yadkin Valley extends certain considerations
to the subscriber, including, but not limited to, hardware, software, or installation
labor, the subscriber agrees to maintain and pay for the service for an Initial
Period as defined at the time of such initiation. Furthermore, the subscriber
agrees, in the event of a termination of service in less than the Initial Period,
to pay to Yadkin Valley an early termination fee as calculated by the following
formula; ETF = VC * ((IPL - EIP)/IPL) where
ETF is the amount of the early termination fee to be paid by the subscriber to Yadkin Valley,
VC is the value of the consideration extended to the subscriber by Yadkin Valley,
IPL is the length of the Initial Period in months, and
EIP is the expired portion of the Initial Period in months.
The amount of the early termination charge may be modified
if the subscriber returns the hardware portion of the consideration supplied
by Yadkin Valley in the same condition as when received, ordinary wear and tear
excepted. The subscriber is responsible for the cost of removal and return of
such hardware.
H. AMENDMENT
Yadkin Valley may change, modify, add or remove portions of this Agreement at
anytime. Yadkin Valley will provide notice of such changes to this Agreement
by electronic mail or by the posting of a notice on its web site. Your continued
use of the Service following notice of such change shall be deemed to be your
acceptance of any modification. If you do not agree to any modification of this
Agreement, discontinue using the service and notify Yadkin Valley to terminate
your connection to the Service.
I. GOVERNING LAW
This Agreement, the rights and obligations of the parties hereto, and any claims
or disputes hereunder, shall be governed by and construed in accordance with
the laws of the State of North Carolina.
This acknowledges that I have read and agree to the above terms and conditions.
_______________________________ 
_______________________________
Signed Telephone Number
_______________________________ _______________________________
Printed Name Date
[ ] If this box is checked a Minimum Service Commitment is required.
The value of the consideration supplied by Yadkin Valley is $__________
Customer please initial here _______ to indicate acceptance.