GENERAL TERMS AND CONDITIONS

 
 

THIS DOCUMENT STATES THE GENERAL TERMS AND CONDITIONS UNDER WHICH YOU (“YOU” OR “CUSTOMER”) MAY USE THE RURALWAVES SERVICE (THE “SERVICE”).  BY SIGNING THE CUSTOMER SERVICE AGREEMENT AND RECEIVING SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, NOTICES, AND ACKNOWLEDGMENTS CONTAINED HEREIN (COLLECTIVELY, THE “AGREEMENT”). READ THIS AGREEMENT CAREFULLY AND COMPLETELY AS IT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF SERVICE.
Acceptance of Agreement.  Rural Waves, LLC provides its Service to Customer conditioned upon Customer’s acceptance, in its entirety, of the terms and conditions contained in this Agreement. RuralWaves may, in its sole discretion, change, modify, add, or remove portions of this Agreement, and the Service provided hereunder, at any time. RuralWaves will notify Customer of any such changes by posting the modified Agreement on the RuralWaves website (the “RuralWaves Site”), or sending notice via email, postal mail, or other means to Customer. Customer’s continued use of the Service following notice of such change shall be deemed to be Customer’s acceptance of any such modification. If Customer does not agree to any such modification, Customer must immediately stop using the Service and notify RuralWaves that Customer is terminating this Agreement in accordance with the notice provisions contained herein.
Scope of this Agreement.  The Service may be upgraded from time to time and Customer acknowledges that RuralWaves may install such upgrades at any time. Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to the terms, conditions, and notices contained in this Agreement.
Service.   Subject to the terms and conditions of this Agreement, RuralWaves agrees to provide the Service in accordance with the selected service plan as set forth in the Price List (as defined below) for a period of one (1) year.
I.             Equipment, Service, and Installation.
(a)           Required Equipment. Customer understands and agrees that the Service requires certain equipment required to be provided by the Customer such as a personal computer with an Ethernet jack and an appropriate operating system and a Category-5 cable (to connect Customer’s computer to wall jack) (the “Customer Equipment”), as well as certain equipment that will be provided by RuralWaves such as an antenna (consisting of a radio card, antenna, and software), Category-5 cable (to connect antenna to wall jack), and wall jack (the “RuralWaves Equipment”).   RuralWaves shall retain title to the RuralWaves Equipment.
(b)           Access to Customer’s Premises.  Customer authorizes RuralWaves and its employees, agents, contractors, and representatives to enter Customer’s premises (the “Premises”) in order to install, maintain, inspect, repair, and if necessary remove the RuralWaves Equipment. All such services will be conducted at a time agreed to with Customer. If Customer is not the owner of the Premises, Customer will supply RuralWaves with the owner’s name and address, evidence that Customer is authorized to grant access to the Premises on the owner’s behalf, and (if needed) written consent from the owner of the Premises to install the necessary RuralWaves Equipment. RuralWaves assumes no responsibility for any damage to the premises as a result of the installation or removal of the RuralWaves Equipment. In the event Customer elects to remove or move any RuralWaves Equipment, Customers assumes all responsibility for any damage caused by such action.
(c)           Replacement or Repair of RuralWaves Equipment. Customer shall be solely responsible for the cost of replacement or repair of any lost, stolen, damaged, sold, transferred, leased, encumbered, or assigned RuralWaves Equipment or part thereof, together with any incidental costs incurred by RuralWaves relating to the replacement, repair, or installation of the RuralWaves Equipment.
(d)           Back-up Requirements.  The installation, use, inspection, maintenance, repair, and removal of the RuralWaves Equipment may result in service outage or potential damage to Customer’s computer and other Customer Equipment. If Customer does not back up all existing computer files by copying them to another storage medium prior to such activities, Customer understands and accepts the associated risks of such a decision. IN ANY EVENT, RURALWAVES SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF THE CUSTOMER’S COMPUTER, PERIPHERALS, SOFTWARE, OR DATA.
(e)           Non-Recommended Configuration.   RuralWaves has informed Customer of the recommended minimum computer hardware requirements for efficiently operating the Service. If Customer and RuralWaves have agreed to proceed with the installation of the Service utilizing hardware that does not meet the recommended minimum computer hardware requirements (a “Non-Recommended Configuration”), Customer agrees that (i) Customer will not be entitled to Customer support relating to any issues other than the quality of the signal delivered to Customer’s antenna and wall jack, and (ii) the following limitations of liability shall apply: RURALWAVES DOES NOT REPRESENT OR WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE CUSTOMER TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICE, NOR THAT ANY SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO THE CUSTOMER’S COMPUTER, PERIPHERALS, SOFTWARE, OR DATA. RURALWAVES DOES NOT ASSUME ANY LIABILITY WHATSOEVER FOR ANY DAMAGE OR FAILURE TO INSTALL, ACCESS, OR USE THE SERVICE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in the remainder of this Agreement.
(f)            Customer Equipment Liability.   RuralWaves has no liability whatsoever for any damage, loss or destruction of Customer Equipment, including loss or destruction of any software, files, or data. This includes harm resultant from any computer upgrades Customer must perform for service eligibility, including the installation of an Ethernet Network Interface Card.
(g)           Installation.   RuralWaves or its agents will install the RuralWaves Equipment. The Customer will be billed separately for installation according to the selected billing plan.
II.            Payment Terms.
(a)           Service Fees.   Customer agrees to pay the monthly service fees, plus applicable franchise fees and taxes, as set forth in the current Price List effective at the time of installation, as modified from time to time in accordance with the terms of this Agreement (the “Price List”). This fee is the monthly fee for the Service and equipment use. The fee for the first month of Service and any installation or set-up charges, together with applicable franchise fees and taxes, will be charged to Customer at the time of installation. Thereafter, the Service fee together with applicable franchise fees and taxes will be billed to Customer monthly, in advance, on or about the fifth (5th) day of the month.  Customer agrees to execute an Authorization Agreement for Direct Payments, or any similar document reasonably requested by RuralWaves, in order to authorize to RuralWaves to receive direct payments from Customer’s bank account.
(b)           Installation Charges.   The installation charge, plus applicable franchise fees and taxes, is as set forth in the Price List. At RuralWaves’s option, the installation charge, together with applicable franchise fees and taxes, plus the service fee for the first month of service, prorated to the fifth (5th) day of the following month, will be charged to Customer’s bank account, invoiced, or handled pursuant to another billing option, (i) at the time of installation, or (ii) in accordance with RuralWaves’s then current billing policies.
(c)           Agreement to Pay.   Customer agrees to pay all RuralWaves Equipment fees, installation charges and Service fees, including applicable franchise fees and taxes. Customer hereby authorizes RuralWaves to charge Customer’s bank account or credit card, invoice customer, or bill Customer via any other billing option in accordance with RuralWaves’s then current billing policies, for all such fees, charges and taxes.
(d)           Late Payments; Failure to Pay.  If any payment due to RuralWaves is not timely received, an administrative charge may be assessed and the Service may be disconnected. If the Service is disconnected, Customer may be required to pay a reconnect fee in addition to all past due charges before the Service is reconnected. The administrative charge is intended to be a reasonable advance estimate of RuralWaves’s costs resulting from Customer’s late payments and non-payments. RuralWaves does not anticipate that Customer will fail to make payments on a timely basis and the administrative charge is set in advance because it would be difficult to determine the costs associated with any particular late payment or non-payments. RuralWaves will not extend credit to Customer and the administrative charge is not interest, a credit service charge, or a finance charge.
(e)           Price Changes.   RuralWaves reserves the right to change its Service fees, equipment fees, and installation charges at any time by posting new prices and/or policies to the RuralWaves Web site or sending email or postal mail to Customer. RuralWaves will notify Customer at least forty-five (45) days prior to price changes.
(f)            Additional Charges.   The Service will allow Customer to access the Internet, online services, and other information and provides Customer access to email. Customer acknowledges that Customer may incur charges while using the Service in addition to those billed by RuralWaves. For example, charges may be incurred as a result of accessing certain online services or purchasing or subscribing to certain other offerings. Customer agrees that all such charges, including all applicable taxes, are the sole responsibility of Customer.
III.          Information Use.
(a)           Subscriber Privacy Notice.   Customer agrees that RuralWaves may from time to time collect and disclose information as described in RuralWaves’s Privacy Policy (the “Privacy Policy”). The Privacy Policy contains information pertaining to Customer’s privacy rights provided under federal law. Customer acknowledges receipt of the Privacy Policy. The Privacy Policy is located on the RuralWaves Site and Customer is urged to read the Privacy Policy carefully and in its entirety. RuralWaves may, in its sole discretion, change, modify, add, or remove portions of the Privacy Policy, and the Service provided thereunder, at any time. RuralWaves will notify Customer of any such changes by posting the modified Privacy Policy on the RuralWaves Site, or sending notice to Customer via email, postal mail, or other means. Customer’s continued use of the Service following notice of such change shall be deemed to be Customer’s acceptance of any such modification. If Customer does not agree to any such modification, Customer must immediately stop using the Service and notify RuralWaves that Customer is terminating the Privacy Policy and this Agreement.
(b)           Monitoring the Service.  RuralWaves has no obligation to monitor the Service, but may do so and, subject to the Privacy Policy, disclose information regarding Customer’s use of the Service if RuralWaves, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its Customers. RuralWaves may immediately remove Customer’s material or information from RuralWaves’s servers, in whole or in part, which RuralWaves, in its sole and absolute discretion, determines to infringe another’s property rights or to violate this Agreement or the Privacy Policy.
IV.          Prohibited Uses of the Service
Customer shall not use the RuralWaves Equipment or the Service to, directly or indirectly:
(a)           participate in any unlawful purposes. Use of the RuralWaves Equipment or Service for transmission or storage of any information, data, or material in violation of any U.S. federal, state, or local regulation or law is prohibited. This includes, but is not limited to, posting or disseminating content which is obscene, unlawful, threatening, defamatory, or which infringes the intellectual property of any person.
(b)           post, transmit, or disseminate objectionable information, including, without limitations, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, federal, or international law, order, or regulation;
(c)           access any other person’s computer, software, or data or any other person, without the knowledge and consent of such person;
(d)           upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, software, or other material obtained through the Service which is protected by copyright or other proprietary right, without obtaining permission of the owner;
(e)           service, alter, modify, or tamper with the RuralWaves Service or permit any other person to do the same that is not authorized by RuralWaves;
(f)            restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the RuralWaves Equipment or the Service, including, without limitation, posting or transmitting any information or software which contains a virus or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
(g)           inhibit or have the potential to inhibit the ability of any other person to use the Service by serving or attempting to serve faulty IP addresses to other RuralWaves customers. RuralWaves may deny service to Customer until the problem is resolved;
(h)           knowingly disrupt the Service;
(i)            resell the Service or otherwise charge others to use the Service. The Service is for personal use only and Customer agrees not to use the Service for operation as an Internet Service Provider or for any other business enterprise in competition with the Service;
(j)            connect the antenna to any computer outside of the Customer’s premises unless purchased and licensed by RuralWaves as a portable computer;
(k)           host (including http, ftp, domain) or serve a Web site on or through the Service if on a Residential or Commercial account without the approval of RuralWaves; or host a server or application (including http, web site, ftp, domain, mail, peer-to-peer file sharing, asp, or any other application or server deemed comparable by RuralWaves) on or through the Service if on a Residential or Commercial account without the approval of RuralWaves;
(l)            network additional computers above the quantity specified by RuralWaves. Customer shall not attach more computers to the service than is allowed by Customer’s RuralWaves service plan. Customers wishing to add service for additional computers must notify RuralWaves, and may incur additional charges to add service for those additional computers;
(m)          use residential service for commercial use;
(n)           attempt to login, access, or attack any of RuralWaves’s equipment or network, including radio and network equipment;
(o)           assist (release proprietary software and information) unauthorized user to gain access to RuralWaves’s network; or
(p)           open Customer Premises Equipment.
RuralWaves reserves the right to immediately terminate this Agreement and the Service if Customer engages in any of the activities listed above or if Customer uses the RuralWaves Equipment or Services in a way which is contrary to any other RuralWaves policy. This Section shall not in any way limit RuralWaves’s rights of termination pursuant to this Agreement.  Customer assumes the risk and agrees to indemnify and hold harmless RuralWaves against all claims and expenses (including reasonable attorney fees) resulting from Customer engaging in any of the activities listed above.  This provision will survive termination of this Agreement.
V.            Content
(a)           Responsibility for Content.   Customer should be aware that there may be some content on the Internet or otherwise available through the Service which may be offensive to some individuals, or which may not be in compliance with all local laws, regulations, or other rules. For example, it is possible to obtain access to content which is pornographic or offensive, particularly for children. RuralWaves does not assume responsibility for the content contained on the Internet or otherwise available through the Service. All content accessed by Customer through the Service is accessed and used by Customer at Customer’s own risk, and RuralWaves shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to access to such content by Customer. Content questions complaints should be addressed to the content provider.
(b)           Posting of Content.   RuralWaves has no obligations to monitor transmissions made on the Service. However, Customer acknowledges and agrees that RuralWaves has the right to monitor such transmissions from time to time and to disclose the same in accordance with this Agreement and the Privacy Policy, in the manner described in the Subscriber Privacy Notice, and as otherwise required to satisfy by law, regulation, or other government request to operate the Service properly. RuralWaves reserves the right to refuse to post or to remove any information and materials, in whole or in part, in its sole discretion, are unacceptable, undesirable, and in violation of this Agreement.
VI.          Service Characteristics.
(a)           Eavesdropping.   RuralWaves’s facilities are used by numerous Service subscribers. As a result, there is a risk that Customer could be subject to “eavesdropping.” This means that other Service subscribers may be able to access and monitor Customer’s use of the Service. This risk of eavesdropping exists not only with RuralWaves’s facilities, but also on the Internet and other services to which access is provided as part of the Service. Because of this risk, any sensitive or confidential information sent by Customer is sent at the Customer’s sole risk, and RuralWaves shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to such actions by Customer.
(b)           FTP/HTTP Service Set up.  Customer should be aware that when using the Service to access the Internet or any other online network or service, there are certain applications, such as FTP (File Transfer Protocol) server or HTTP (Hyper Text Transfer Protocol) server, which may be used to allow other Service users and Internet users to gain access to Customer’s computer. If Customer chooses to run such applications, Customer should take the appropriate security measures. RuralWaves shall not have any liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from, arising out of, or otherwise relating to the use of such applications by Customer, including with limitation, damages resulting from others accessing Customer’s computer.
(c)           Security and File Print Sharing.   The Service functions as a Local Area Network (LAN) in that each Customer is a node on the network. As such, users outside the Customer’s home may be able to access the Customer’s computer. It is important that the Customer take appropriate steps to protect their information on the computer from being accessed by others. To this end, we encourage Customers to acquire a firewall and implement other security measures the customer deems necessary to protect the integrity of the data on their computer. In addition, some software includes capabilities that permit other users across a network such as the Service and the Internet to gain access to the Customer’s computer and to the software, files, and data stored on the computer. Operating systems can include file sharing and print sharing capabilities which, when enabled, will permit other users to gain access to the Customer’s computer even if the Customer is not using the Service. RuralWaves therefore recommends that the Customer connect only a single computer to the Service and that the Customer disable file and print sharing and other capabilities that allow users to gain access to the Customer’s computer. Any Customer who chooses to participate in the Service using other than a single computer or who chooses to enable capabilities such a file sharing, print sharing, or other capabilities that allow users to gain access to the Customer’s computer, hereby acknowledges and agrees that the Customer does so at the Customer’s own risk, and that RuralWaves shall not have any liability whatsoever for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to such use by the Customer.
(d)           Subscription Requirements.   Current prices for RuralWaves’s Service may be obtained by contacting RuralWaves by email or telephone.  RuralWaves reserves the right to change prices and institute new fees at any time upon notice to Customer by posting new prices on the RuralWaves Site or by email or postal mail.
VII.         Conduct
(a)           Customer understands that all information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Customer is entirely responsible for all Content that Customer uploads, posts, emails, or otherwise transmits via the Service. RuralWaves does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Customer understands that by using the Service, Customer may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will RuralWaves be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of any Content posted, emailed, or otherwise transmitted to Customer via the Service.
(b)           Customer agrees not to use the Service to: (1) upload, post, email, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (2) harm minors in any way; (3) impersonate any person or entity, including, but not limited to, a RuralWaves official, forum leader, guide or host, or falsely state or otherwise misrepresent Customer’s affiliation with a person or entity; (4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (5) upload, post, email, or otherwise transmit any Content that Customer does not have a right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (7) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (8) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (9) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges; (10) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (11) intentionally or unintentionally violate any applicable local, state, federal, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange, or the Nasdaq, and any regulations having the force of law; (12) “stalk” or otherwise harass another; or (13) collect or store personal data about others.
(c)           Customer acknowledges that RuralWaves does not pre-screen Content, but that RuralWaves and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, RuralWaves and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable, in RuralWaves’s sole discretion. Customer agrees that Customer must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, Customer acknowledges that Customer may not rely on any Content created by RuralWaves or submitted to RuralWaves.
(d)           Customer acknowledges and agrees that RuralWaves may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RuralWaves, its users, and the public.
(e)           Customer understands that the technical processing and transmission of the Service, including Customer’s Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
VIII.       Privacy and Security
(a)      Unless produced by RuralWaves, the information Customer accesses or receives by using the Service or information sent to Customer by other users is provided, entered, or posted by the users and is not reviewed, controlled, examined, verified, or endorsed by RuralWaves. The data and information Customer sends and receives may be subject to privacy and security invading activities including, but not limited to, eavesdropping, electronic trespassing, “sniffing,” “spamming,” “nuking,” “hacking,” “spoofing,” imposturing, breaking passwords, harassment, fraud, forgery, and system contamination including use of viruses, “worms,” and “Trojan” applications causing unauthorized, damaging, harmful access and/or retrieval of information and data on Customer’s computer and other forms of activities that may even be considered unlawful. Information and data may also not reach its destination or may reach an erroneous address or recipient.
CUSTOMER IS ADVISED NOT TO USE OR RELY ON THE SERVICE AND INFORMATION RELATED THERETO FOR “CONTENT SENSITIVE” OR “MISSION CRITICAL” APPLICATIONS AND USE. “CONTENT SENSITIVE” MEANS ANY INFORMATION OR DATA CUSTOMER DOES NOT WISH TO BE FREELY ACCESSIBLE AND GENERALLY AVAILABLE TO INTERNET USERS. “MISSION CRITICAL” APPLICATIONS AND USE ARE THOSE WHERE CONTINUOUS OPERATION IS CRITICAL TO AN INDIVIDUAL OR COMPANY AND WHERE HARM OR DAMAGE MAY BE CAUSED IF ANY DOWNTIME WOULD HAVE AN ADVERSE EFFECT ON THAT INDIVIDUAL OR COMPANY.
(b)      Receiving files from third parties, via any application (i.e., email) may be harmful. Before receiving any files from any user, and even if the account from which the file transfer notice is sent looks familiar to Customer, it is strongly recommended that Customer verifies that the person sending Customer these files is indeed the person Customer thinks he or she is, for example by asking for some kind of information known only to the Customer and such other person. Please make sure not to receive files from users Customer does not trust, from users Customer is not sure they are whom they say they are, or whenever Customer is not sure Customer wants to receive the files.
(c)      If RuralWaves identifies a certain IP address/block is the source of illegal network activity, such as hacking, DDOS-Distributed Denial of Service attacks, and SYN flood, RuralWaves may block Internet access to/from that IP address/block without any advance notice.
(d)      If RuralWaves identifies a certain email domain is doing “spamming” or “email relay,” RuralWaves will block any email coming from that email domain without any advance notice.
IX.       Limited Warranty
EXCEPT AS OTHERWISE SET FORTH, THE RURALWAVES EQUIPMENT, SERVICE, AND SOFTWARE ARE PROVIDED BY RURALWAVES “AS IS” WITHOUT WARRANTY OF ANY KIND. RURALWAVES DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE RURALWAVES EQUIPMENT OR SERVICE. CUSTOMER’S SOLE REMEDY FOR SERVICE INTERRUPTION SHALL BE LIMITED TO A PRO RATA REFUND OF THE APPLICABLE SERVICE FEES. RURALWAVES DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO CUSTOMER WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY ARE HEREBY EXCLUDED.
CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT:
A.            RURALWAVES MAKES NO WARRANTY THAT (i) THE SERVICE OR THE RURALWAVES EQUIPMENT WILL MEET CUSTOMER’S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) DELETION, MIS-DELIVERY, OR FAILURE TO STORE OR EFFECTUATE ANY USER COMMUNICATIONS, ORDERS, LISTINGS, OR CUSTOMIZATION SETTINGS WILL NOT OCCUR AS A RESULT OF CUSTOMER’S USE OF THE SERVICE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (v) ANY ERRORS IN THE RURALWAVES EQUIPMENT, INCLUDING HARDWARE OR SOFTWARE, WILL BE CORRECTED.
B.            THE SERVICE MAY CONTAIN DEFECTS AND, ACCORDINGLY, CUSTOMER IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION, AND TO NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE.
C.            ANY MATERIAL, PRODUCTS, OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D.            NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM RURALWAVES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
RURALWAVES OR ANY OTHER PERSON INVOLVED IN CREATING, INSTALLING, DELIVERING, TESTING, OR USING THE SERVICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, SERVICE OUTAGE, OR FOR COST PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFITS, BUSINESS USE, DATA, OR OTHER INTANGIBLE INFORMATION, EVEN IF RURALWAVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY FOR RURALWAVES TO CUSTOMER FOR ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO $100.
X.       Miscellaneous.
(a)           Notices.   For any inquiries or notices required in connection with this Agreement, Customer should contact RuralWaves in writing at 204 East 1st Street, Holstein, Iowa 51025. RuralWaves will use Customer’s email address or mailing address to contact Customer regarding the Service, billing, this Agreement, the Privacy Policy, and all other notices and information RuralWaves deems necessary to provide Customer. ACCORDINGLY, CUSTOMER IS REQUIRED TO MONITOR HIS OR HER EMAIL ON A REGULAR BASIS AND PROVIDE RURALWAVES WITH PROMPT NOTICE OF ANY CHANGE TO CUSTOMER’S EMAIL ADDRESS. Customer’s use of the Service following delivery of any notice to Customer from RuralWaves will be deemed to be Customer’s acknowledgment and acceptance of such notice. It is Customer’s sole responsibility to notify RuralWaves of email address to use for all notices regarding this Agreement, the Privacy Policy, the Price List, the Service, and all other notifications. If Customer does not provide a current email address to RuralWaves, RuralWaves is not responsible.
(b)           No Relationship.   Nothing in this Agreement will create any joint venture, joint employer, franchisee-franchiser, employer-employee, or principal-agent relationship with RuralWaves, nor impose upon either company any obligations for any losses, debts, or other obligations incurred by the other except as expressly set forth herein.
(c)           Customer’s Account, Password and Security.   Customers receive a user name, password, and account designation upon registration. You and members of your household or business, if you have purchased a business account, are the only authorized users of your RuralWaves account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Service through your account. You must notify RuralWaves within twenty-four (24) hours of discovering any unauthorized use of your account. Using a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.) is prohibited. Email accounts exceeding 10 MB in size may block new incoming messages. User names, passwords, and email addresses are RuralWaves’s property and RuralWaves may alter or replace them at any time.
(d)           General.   This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes and replaces any and all prior written or verbal agreements. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. RuralWaves’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of this Agreement.
(e)           General Acknowledgments.  Customer acknowledges that RuralWaves may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings, or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on RuralWaves’s servers on Customer’s behalf, and the maximum number of times (and the maximum duration for which) Customer may access the Service in a given period of time. Customer agrees that RuralWaves has no responsibility or liability for the failure of the Service and the deletion of other Content maintained or transmitted by the Service. RuralWaves reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Customer agrees that RuralWaves shall not be liable to Customer or to any third party for any modification, suspension, or discontinuance of the Service. Customer further acknowledges that RuralWaves reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
(f)            Indemnification. Customer agrees to indemnify and hold RuralWaves, its directors, officers, employees, agents, attorneys, co-branders or other partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Content Customer submits, posts to or otherwise transmits through the Service, Customer’s use of the Service, the RuralWaves Equipment and the Software, Customer’s connection to the Service, Customer’s violation of this Agreement, or Customer’s infringement of any intellectual property or other right of any other person or entity.
(g)           Enforcement.  Because user authentication on the Internet is difficult, RuralWaves cannot and does not confirm that each user is who they claim to be. Because RuralWaves does not and cannot be involved in user-to-user dealings or control the behavior of participants on RuralWaves, in the event that Customer has a dispute with one or more users, RuralWaves has no ability to prevent or restrict conduct, communications, or Content which might violate this Agreement prior to its transmission on or through the Service, nor can RuralWaves ensure prompt removal of any such communications or Content after transmission or posting. Accordingly, RuralWaves does not assume responsibility to Customer or others for any failure by RuralWaves to enforce the provisions contained in this Agreement.
(h)           Assignment.  Customer shall have no right to assign or transfer this Agreement or the associated Customer Equipment.
(i)            Governing Law.  This Agreement and the relationship between Customer and RuralWaves shall be governed by and construed in accordance with the laws of the State of Iowa without regard to its conflicts of law provisions.
(j)            International Use.  Recognizing the global nature of the Internet, Customer agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which Customer resides.
(k)           Time Limitation.  Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.
(l)            Headings.  The section headings and sub-headings contained in this Agreement are for convenience only and have no legal or contractual effect.
(m)          Content.  It is solely Customer’s responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information provided through the Service. RuralWaves does not endorse or represent the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on the Service. Any items purchased or obtained by any Customer through the Service is done at the Customer’s sole risk. Any Content related to business, finance, and/or securities matters and the like contained on the Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. RuralWaves shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
(n)           Proprietary Rights.  Customer agrees that the Service and the Software may contain proprietary and confidential information that may be protected by applicable intellectual property and other laws. Customer further acknowledges and agrees that Content contained in sponsor advertisements or information presented to Customer through the Service, advertisers, or suppliers may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by RuralWaves, advertisers, or suppliers, Customer agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in whole or in part.
(o)           No Reproduction or Resale.  Customer agrees not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to Service.
(p)           Dealings with Advertisers and Suppliers.  Customer may enter into correspondence with or participate in promotions of advertisers and/or suppliers on the Service showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between the corresponding user and the advertiser, and/or supplier. RuralWaves assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion. Customer’s correspondence or business dealings with, or participation in promotions of, advertisers and/or suppliers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between Customer and such advertiser and/or supplier. Customer agrees that RuralWaves shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and suppliers on the Service.
(q)           Links to Third-Party Sites. RuralWaves provides links to other external sites or resources. Because RuralWaves has no control over such sites and resources, Customer acknowledges and agrees that RuralWaves is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other information or materials on or available from such sites or resources. Customer further acknowledges and agrees that RuralWaves shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, advertising, products, or other information or materials on or available from such sites or resources. If Customer chooses to access third-party services, Customer does so entirely at its own risk.
XI.          Termination and Expiration.
(a)           Termination by Customer.   Customer may terminate this Agreement for any reason at any time by notifying RuralWaves of such termination no later than one business day prior to the commencement of the next billing month by calling Member Services, by email, or by postal mail (if sending via email, termination will not take effect until Customer receives a reply via email from RuralWaves to confirm the termination). Customer will be required to return equipment or will be charged non-returned equipment fees as determined by RuralWaves in its sole discretion or RuralWaves may reclaim the equipment. If Customer cancels the Service and Customer or any other resident at that premises re-signs up for the Service at that address or any future address within twenty-four (24) months, RuralWaves reserves the right to charge Customer up to reconnect fee..
(b)           Termination by RuralWaves.   RuralWaves may terminate this Agreement immediately should Customer violate any of the terms of this Agreement. RuralWaves may also terminate the Service for any other reason at any time by providing Customer with written notice of such termination no later than thirty (30) days prior to the date of termination. In the event RuralWaves terminates the Service for any reason other than Customer’s violation of this Agreement, fees and charges will accrue through the date of termination but all prepaid fees and charges that have been paid in advance for any full month of canceled Services will be refunded. If Customer’s computer causes problems and disrupts RuralWaves’s service to other customers, RuralWaves may temporarily block, without notice, Customer’s access to RuralWaves’s network until the problem is fixed on Customer’s computer.
(c)           Customer Obligations Upon Termination.   Customer agrees that upon termination of this Agreement:
(i)           If requested of Customer, Customer will return the RuralWaves Equipment or will be charged a non-returned equipment fee, Customer will permit RuralWaves, and its employees, agents, contractors, and representatives, to access Customer’s premises to remove the RuralWaves Equipment, at Customer’s expense, or Customer may remove equipment and return it to RuralWaves in good working order. Such removal will be conducted at an agreed to time;
(ii)           If the equipment is not returned, Customer agrees that RuralWaves may charge the Customer’s bank account or credit card for the charges referred to above, or may otherwise bill Customer for such charges.
(d)           Retention of Rights.   Nothing contained in this Agreement shall be construed to limit RuralWaves’s rights and remedies available at law or in equity. Subject to applicable law, RuralWaves reserves the right to delete all data, files, electronic messages, or other information that is stored on RuralWaves’s servers or systems when Customer’s account with RuralWaves is terminated for any reason.
(e)           Multiple Users.   Customer acknowledges that Customer is entering into an Agreement on behalf of all persons who use the RuralWaves Equipment and/or Service through Customer’s computer. Customer shall have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. Customer further acknowledges and agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach is the result of use of the Service and/or RuralWaves Equipment by Customer or by another user of Customer’s computer. Customer agrees to indemnify and hold harmless RuralWaves against all claims and expenses (including reasonable attorney fees arising out of the use of the Service and/or Equipment by any other user of Customer’s computer).


RuralWaves® Wireless Internet is owned by Rural Waves, LLC.