Service Agreement & Equipment User Agreement

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Peñasco Valley Telecommunications

Service Agreement-Equipment User Agreement

Peñasco Valley Telephone Cooperative, Inc., it’s affiliates and or assignees, may, in its sole discretion, change, modify, add or remove portions of this Agreement, and the Service provided there under, at any time. PVT will notify Customer of such changes by electronic 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.

Computer Equipment Requirement. A listing of the current minimum computer requirements is available by contacting PVT during regular business hours. The minimum requirements may change and PVT will make reasonable efforts to support previously acceptable configurations; however, Customer acknowledges that PVT is not obligated to continue to provide such support.
Access Provided. The Equipment provided by PVT (the “Equipment”) may allow Customers to access the Internet, online services and other information. Customer acknowledges that Customer may incur charges while using the Service in addition to those billed by PVT. Customers agree and understand that all such charges, including all applicable taxes, are the sole responsibility of Customer.
Service Commitment.

Contract Term. If you terminate service prior to the expiration of the Contract Term, you will be responsible (and your credit card, debit card, or bank account may be charged) for all equipment, installation and set-up fees waived at the time of activation. You may not downgrade your service plan to a lower service package until 90 days after activation of your Service.
Term and Renewal. The Contract Term commences on the date your Service is activated and continues for the duration of the Contract Term or unless terminated earlier by you or us in accordance with this Agreement. After the Contract Term expires, the term of your agreement will automatically renew on a month-to-month basis until terminated by you or us in accordance with this Agreement.
Age and Account Set-up. You represent that you are at least 18 years of age. You agree that you are responsible for obtaining installation services and Equipment from PVT and for verifying and maintaining the account, options, settings and other parameters under which the Service is used, including (without limitation) all related passwords and user identification information.

Payment Terms

Agreement to Pay. Customer agrees to pay all monthly fees and installation charges, including applicable franchise fees, taxes, customer service fees and late fees. Monthly fees may vary. If payment is not received by the due date, late fees may be assessed and the Service may be disconnected. Customer may be required to pay a reconnect fee in addition to all past due charges before the Service is reconnected. Customer further acknowledges that PVT may require a security deposit.
Payment Methods. Customer agrees to pay PVT in accordance with the payment terms on the invoice received by Customer for the Service and agrees that PVT has the right to change the structure and amount of its fees at any time subject to applicable law.

Prohibited Uses of the Service; Indemnity. Customer shall not use the Equipment or the Service directly or indirectly to:

Perform any activity deemed illegal;
Post, transmit, or disseminate content with violates any proprietary rights of PVT or any third part or is unlawful;
Post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, federal or international law, order or regulation;
Copy, distribute or sublicense any software provided by PVT;
Unlawfully promote or incite hatred;
Operate a Web, http, FTP, e-mail, chat, nntp, game, Gateway or proxy server from home;
Invade another person’s privacy;
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 of other proprietary right, without obtaining permission of the owner;
You may not reference PVT (e.g., by including “Organization: PVT” in the header or by listing an IP address that belongs to PVT) in the header of any unsolicited e-mails, even if that e-mail is not sent through PVT’s network;
Disrupt or attempt to disrupt PVT’s backbone network. Prohibited disruptions include, but are not limited to, sending unsolicited bulk or commercial e-mail messages (“spam”). Unsolicited e-mail may not direct the recipient to any web site or other resource which uses the PVT Service. In addition, “mail bombing,” the sending of numerous copies of the same or substantially similar messages or very large messages or files with intent to disrupt a server or account, is prohibited;
Use the Equipment or Services in a way which is contrary to any other PVT policy that may be posted by PVT from time to time.
Service, alter, modify or tamper with any PVT-owned Equipment or Service or permit any other person to do the same that is not authorized by PVT.
Use a VPN(virtual private network) or VPN tunneling protocol;
Use an IP address or client ID not assigned to Customer;
Restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Equipment or the Service, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, or other harmful feature; or generating levels of traffic sufficient to impede others’ ability to send or retrieve information.
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.
Breach or attempt to breach the security of another user or attempt to gain access to any other person’s computer, software or data without the knowledge and consent of such person. The Equipment and the Service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. Use or distribution of tools designed for compromising security is also prohibited.

Engaging in any of the activities listed above may result in immediate termination of the Agreement. In addition, PVT reserves the right to disconnect or reclassify as commercial grade any Customers found in violation of Section 7 items m, l, or k. This Section 5 shall not in any way limit PVT’s rights of terminating the service.

Customer agrees to indemnify and hold harmless PVT, and each of their respective affiliates, subcontractors, employees and agents, from any claims arising from Customer’s use of the Service; this includes, but is not limited to, use of the Equipment or Service in any manner prohibited under this Section8.

PVT’s Content Rights. PVT has neither liability nor obligation to;

Monitor the content of the Service and expressly disclaims any responsibility for any offense or injury arising out of the Customer’s access to or dissemination of such content. However, Customer acknowledges and agrees that PVT has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request to operate the Service properly, or to protect itself or its subscribers. PVT reserves the right to refuse to post or to remove any information or materials that, in its sole discretion, are unacceptable, undesirable or in violation of this Agreement.
Assume responsibility for the content contained on the Internet or otherwise available through the Service. There may be some content on the internet or otherwise available through the Service with may be offensive to some individuals, or which may not be in compliance with all local laws, regulations and other rules. All content accessed by Customer through the Service is accessed and used by Customer at Customer’s own risk, and PVT and each of their respective affiliates, subcontractors, employees and agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceeding arising out of or otherwise relating to access to such content by Customer. PVT specifically disclaims any responsibility for the accuracy, quality and confidentially of information obtained through the Service.

Customer Information

Credit Inquiries. Customer authorizes PVT to make inquiries and to receive information about Customer’s credit history from others and to enter this information in Customer’s file
Information Collection and Disclosure. Customer agrees that PVT may, from time to time, collect information concerning Customer’s use of the Service. Customer agrees that such information may be shared with other third parties provided that PVT (1) does not disclose any personally identifiable Customer information to others, except as allowed by law, and (2) otherwise complies with all applicable privacy laws. Should Customer not wish that Customer’s information be used in such a manner, Customer can notify PVT Customer Service in writing and send to 4011 W. Main Artesia, NM, 88210 (505-748-1241).
Customer expressly grants PVT permission to disclose personally identifiable information relating to Customer or Customer’s account in response to (a) a subpoena issued in a civil or criminal investigation or litigation; (b) a civil investigative demand issued by a government entity; or (c) a court order.

Termination and Expiration.

Termination Rights. In the event of a breach of Agreement by Customer, PVT may terminate this Agreement at any time by providing the other party with no less than twenty-four (24) hour notice of termination. In the event of egregious offense of Customer, PVT may terminate Service immediately. PVT may notify the Customer of such termination by electronic or other means.
Customer Obligations Upon Termination. Customer agrees that upon termination of the Agreement:

Customer will pay PVT in full for Customer’s use of any PVT –owned Equipment and Service up to the later of the effective date of termination of the Agreement or the date on which the Service an any PVT-owned Equipment have been disconnected and returned to PVT. Customer agrees to pay PVT on a pro-rated basis for any use by Customer of any PVT-owned Equipment or Services for a part of a month.
Customer will permit PVT to access Customer’s premises at an agreed time to remove any PVT-owned Equipment and other material provided by PVT.
Customer will ensure the immediate return of any PVT-owned Equipment to PVT. Customer will return or destroy all copies of any software provided to Customer pursuant to this Agreement.

PVT Retention Rights. Nothing contained in this Agreement shall be construed to limit PVT rights and remedies available at law or in equity.

PVT Performance and Reliability Rights. Although PVT will make every commercially reasonable effort to deliver a high quality residential Internet access service, unless otherwise specified by PVT in writing. Customer is purchasing a residential data service with no performance or reliability warranty either expressed or implied. PVT reserves the right to manage its network for the greatest benefit of the greatest number of subscribers including, but not limited to the following: rate limiting, traffic prioritization, and the protocol filtering. Customer expressly acknowledges and accepts that such action on the part of PVT may affect the performance of the Service. PVT reserves the right to enforce limits on specific feature of the Service, including, but not limited to, e-mail, storage and web-hosting maximums.

Viruses. PVT may run a third party virus check software on Customer’s computer prior to installing software on Customer’s computer. PVT does not represent, warrant or covenant that the virus check software will detect or correct any or all viruses. Moreover, if a virus is found, PVT may treat the virus using the third arty virus check software, and this may result in damage to Customer’s software, files, and data. Software or other content downloaded from the Service may contain viruses and it is Customer’s sole responsibility to take appropriate precautions to protect Customer’s computer from damage to its software, files and data. PVT, nor any of its respective affiliates, subcontractors, employees or agents, shall have any liability whatsoever for any damage to or loss of destruction of any software, files or data resulting from any virus, lock, key, bomb, worm or other harmful feature.

No PVT Liability For:

Eavesdropping. Other Service subscribers may be able to access and/or monitor Customer’s use of the Service. This risk of eavesdropping exists not only with cable transmission facilities, but also on the Internet and other services to which access is provided by PVT as part of the Service. Any sensitive or confidential information (such as credit card numbers or other financial information, medical information or trade secrets) sent by or to Customer is sent at Customer’s sole risk, and PVT, nor any of its respective affiliates, subcontractors, employees or agents, shall not have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by Customer.
FTP/HTTP/Proxy/Gateway Server Setup. Customer should be aware that when using the Service to access the Internet or any other online service, there are certain applications, such as FTP, HTTP, proxy, or gateway server applications, which may be used to allow other Service users and Internet users to gain access to Customer’s computer. PVT, nor any of its respective affiliates, subcontractors, employees or agents, shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings resulting from, arising out of or otherwise relating to the sue of such applications by Customer, including, without limitation, damages resulting from others accessing Customer’s computer or from any loss of data maintained on the Network.

Limitations of Liability. Unless otherwise specifically provided in the Agreement, PVT, nor any of its respective affiliates, subcontractors, employees or agents, will be liable to Customer or to any third party for:

Any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly from or otherwise arising in connection with, the use of the Service by Customer or any other use of the Equipment, including, without limitation , any damage resulting from or arising out of Customer’s reliance on or use of the Equipment or Service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmission, or any failure of performance of the Equipment or Service;
Any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly from or otherwise arising in connection with, the termination o reclassification of Customer’s account by PVT pursuant to the Agreement; and
Any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of the Equipment or Service by Customer or a third party infringes the copyright, paten, trademark, trade secret, confidentiality, privacy, or other intellectual property right or contractual rights of any third party.
Customer’s sole and exclusive remedies under this Agreement are as expressly set out in the Agreement. Some states do not allow the limitation or exclusion of incidental or consequential damages, so such limitation or exclusions may not apply to you.
PVT shall not be liable for any delay or failure of performance of this Agreement if such failure is caused by acts of God, war, governmental decree, power failure, judgment or order, strike, communications failure, equipment or software malfunction, or other circumstances, whether or not similar to the foregoing, which are beyond the reasonable control of PVT. PVT shall not be liable for any equipment damage, personal property damage or any other damages that are the result of acts of God, war, governmental decree, power failure, judgment or order, strike, communications failure, equipment or software malfunction, or other circumstances, whether or not similar to the foregoing, which are beyond the reasonable control of PVT.

Installation/End User Software Licenses.

If the installation of an Ethernet card is required, it will be necessary to open Customer’s computer. System files on Customer’s computer may be modified as part of the installation process. PVT neither represents, warrants, nor covenants that such modifications will not disrupt the normal operations of Customer’s computer. PVT shall have no liability whatsoever for any damage resulting from the above or other file modifications. PVT is not responsible for returning Customer’s PC to its original configuration prior to installation.
PVT or its agents will supply and install certain software, and if required an extra cable outlet, a cable modem and an Ethernet card for a fee determined by PVT. PVT shall use reasonable efforts to install the Service to full operational status, provided that Customer’s computer fulfills the minimum computer requirements set out above in Section 1.
Customer agrees to comply with the terms and conditions of all end user license agreements accompanying any software of plug-ins to such software distributed by PVT in connection with the Service. All end-user software licenses shall terminate upon termination of this Agreement.
Customer may transfer the software provided by PVT to additional computers within the home, but service and support for these additional machines is limited and/or may incur an additional fee. However, Customer acknowledges that PVT has no responsibility to provide service and support for in-home networks. If Customer intends to transfer the software, Customer much give PVT prior notice of such transfer.

Multiple Users. Customer acknowledges that Customer is executing this Agreement of behalf of all persons who use the 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 the Agreement, whether such breach is the result of use of Service and/r Equipment by Customer or by any other user of Customer’s computer.
Governing Law. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the state of New Mexico. Customer may not bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.
General. This Agreement constitutes the entire agreement and understanding between 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. PVT’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 provision of this Agreement.

Customer Premises Equipment. Customers may have the option of purchasing equipment either from PVT or from a third party provider. PVT reserves the right to provide service only to users who have PVT approved equipment. Subscribers are strongly urged to check with PVT Customer Support at 4011 W. Main, Artesia, NM (505-748-1241) before purchasing non PVT equipment.
Access to Customer’s Premises. Customer authorizes PVT, and its employees, agents, contractors, and representatives to enter Customer’s premises (the “Premises”) in order to install, maintain, inspect, repair and remove the Equipment and/or the Service. If Customer is not the owner of the Premises, upon request, Customer will supply PVT 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.
Relocating/Removing Equipment. Customer will not remove the Equipment from the Premises or connect the Equipment to any outlet other than the outlet to which the Equipment was initially connected by PVT installer without prior consent from PVT. PVT may relocate the Equipment for Customer within the Premises at the Customer’s request. If Customer relocates to a new address, Customer will be required to enter into a new Subscriber Agreement to initiate Service. In all cases, Customer shall notify PVT. Customer acknowledges that Customer may incur additional charges for any Equipment relocation. Customer will not connect any other device to the internet modem outlet without prior consent from PVT. Customer understands that doing so may cause damage to PVT’s network and subject Customer to reasonable damages and may further be prosecuted for damages.
Customer Service. PVT expressly reserves the right to institute fees for providing certain customer support services if, at its sole discretion, it determines such fees are warranted. Customer acknowledges that PVT shall not be liable for any damage to Customer’s Equipment resulting from or arising in connection with its provision of technical service and support for the PVT Service, even if such damage results from the negligence of the PVT installer, technician or customer service representative.
Limited Warranty. Any PVT-owned Equipment and Service are provided by PVT “as is” without warranty of any kind. PVT does not warrant uninterrupted use of the Equipment or the Service. PVT does not warrant that any data or any files sent by or to Customer will be transmitted in uncorrupted form or within a reasonable period of time. All representation and warranties of any kind express or implied, including, without limitation, any warranties of non-infringement, fitness for a particular purpose and merchantability are hereby excluded and disclaimed.
Back-Up Requirements. Customer acknowledges and represents that he/she understands that the installation, use, inspection, maintenance, repair and removal of the Equipment may result in Service outages or potential damage to Customer’s computer. Customer therefore agrees to back-up all existing computer files by copying them to another storage medium prior to such activities involving the Equipment. Customer expressly releases PVT and each of their respective affiliates, subcontractors, employees and agents, from any liability whatsoever for any damage to or loss or destruction of any of Customer’s software, files, data or peripherals. Customer acknowledges that the sole responsibility for carrying out the back-up described in this Paragraph 22 resides with Customer and that PVT bears no responsibility for insuring that Customer has performed such back-up.
Damage to and Encumbrances on Equipment, Computer, Software.

Ownership of Equipment. All Equipment, except for Equipment purchased and paid for by Customer, will at all times remain the property of PVT. Customer may not sell, transfer, lease, encumber or assign all or part of the Equipment to any third party. Customer shall pay the full retail cost for the repair of replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Equipment or part thereof, together with any costs incurred by PVT in obtaining or attempting to obtain possession of any such Equipment. Customer hereby authorizes PVT to charge Customers’ Visa, Master Card, other credit card or other payment method authorized by Customer for any outstanding Service and Equipment charges. PVT may, as its option, install new or reconditioned Equipment, including swapping existing Customer Equipment for Replacement Equipment, for which the Customer may incur a fee.
Customer’s Hardware and Software. Should the hardware of Customer’s computer be damaged as a result of the gross negligence of PVT or the
Customer Purchased Equipment. Customer agrees to only connect PVT-approved Equipment to the PVT network. PVT bears no responsibility for the operation or maintenance of customer equipment.

Contact Address. For any inquiries or notices required in connection with this Agreement, Customer should contact PVT in writing at PVT, Customer Service, 4011 W. Main, Artesia NM, 88210

Thank you for choosing PVT to provide your entertainment services. We look forward to servicing you!