CARBON VALLEY INTERNET, LLC, “CVI”, TERMS AND CONDITIONS OF USE FOR FIBER INTERNET ACCESS AND/OR WIRELESS INTERNET ACCESS SERVICES
It is CVI policy that customer-specific information will not be shared with third parties without the customer’s written permission or a court order. Our policy is also in compliance with governing state and federal requirements.
CVI Net Neutrality Policy
Regardless of any changes in federal regulations, our first commitment remains to our customers and to continuing the excellent internet service you’ve come to expect. Specifically: 1) We do not play favorites and we will not throttle your speed. We do not create “fast lanes” and “slow lanes” for users or services based on paid prioritization. All our Customers will be able to harness the power of the CVI internet service that their equipment and our terms and conditions allow. 2) We will be transparent in our commitment to you. Our policies, like our rates, will be clearly presented.
1. SERVICES PROVIDED TO CUSTOMER
1.1 Subject to the terms and conditions as stated herein, Carbon Valley Internet, LLC, (referred to as “CVI”), as a non-common carrier, hereby provides Fiber Internet Access (“Broadband Service”) and/or Wireless Internet Access Service (collectively the “Service” or “Services”) to Customer for its exclusive use. Customer agrees to be bound by all the terms and conditions contained herein and in the Customer Acknowledgement & Authorization.
1.2 The Service shall be provided to Customer by CVI in accordance with CVI’s technical specifications.
1.3 In some instances, CVI may use a temporary drop connection to provide service to the Customer. Customer agrees to the use of a temporary connection and agrees that CVI or its contractor may place a temporary fiber cable drop at ground level across the customers property. Customer understands that they are solely responsible for their own safety, health, and welfare until such time as the fiber cable drop may be buried underground, and it is solely Customer’s responsibility to assess and avoid any clear or hidden dangers and to avoid actions that could prove potentially hazardous or dangerous to those who access the property. Customer understands that a return trip(s) by CVI personnel or its contractors will be necessary to remove the ground level temporary fiber cable drop and install a permanent underground fiber cable drop and further understands that there will be a temporary loss of service during this process. Customer agrees to allow CVI or its contractor to place permanent fiber optic facilities including microduct, fiber optic cabling, test access point (TAP) box, and optical network unit (ONU) on Customer’s property. Customer agrees to CVI or its contractor access to Customer’s property for installation of CVI fiber optic facilities.
1.4 CVI will use its best efforts to deliver the Service on the installation appointment date. In no event shall CVI be liable for any failure to deliver the Broadband Service on the installation appointment date. Customer agrees to pay CVI for the standard residential installation in accordance with the CVI Fee Schedule at the time of the first monthly recurring billing cycle. Non-standard residential and commercial installation fees to be quoted prior to installation and will be charged to Customer at the time of the first monthly recurring billing cycle.
1.5 Customers operating as commercial entities shall be responsible for obtaining the facilities necessary to connect to the Service. Customer shall connect to the CVI Broadband Service at the designated network point of interconnection, which shall be one or more ports on the CVI-provided Optical Network Terminal, unless otherwise agreed by CVI in advance of the installation of Service. The installation of facilities up to the designated network demarcation shall be made by CVI or a third party on behalf of CVI.
1.6 Upon reasonable notice thereof and without any notice in the event of an emergency, nothing in these Terms and Conditions shall prevent CVI or any CVI contracted third party from taking such actions as are necessary to repair and maintain the facilities by which the Service is provided hereunder but in either event, CVI shall not incur any liability as a result thereof even though, for example, the actions may render the Service unusable for a period of time. Notwithstanding the foregoing, and except for emergencies, CVI shall attempt to perform routine repair and maintenance at such times that will have minimum disruptive impact on the continuity or performance of the Service.
1.7 If CVI determines that the reason for repair and maintenance is due to Customer-provided facilities or Customer's actions or omissions, or the facilities, acts or omissions of any party with whom Customer has a relationship, such as a Customer of Customer, Customer shall compensate CVI for the reasonable costs and expenses thereof.
1.8 For its Broadband Service, CVI will support ethernet connectivity to a network port on a wireless router or a network port on a PC or MAC desktop or laptop. CVI will not guarantee nor support the customer devices connected to the CVI ethernet or fiber optic facilities. The Customer assumes responsibility for their device connectivity and will be instructed to contact the appropriate manufacturer. CVI will not guarantee the operable range of the wireless device due to building structure. Customer agrees to use the equipment for its intended use and not for any other purpose. If at any time, Customer becomes aware that the CVI equipment has been stolen or fraudulently used, Customer agrees to contact CVI immediately by contacting the Customer Service department. Customer agrees to keep all passwords confidential and accept liability for any damages resulting from Customer failure to maintain password confidentiality.
2. WIRELESS INTERNET ACCESS SERVICES DISCLAIMER AND LIMITATION OF LIABILITY
2.1 CVI may lease wireless internet access service devices (“Wi-Fi router”) to Customer in accordance with the monthly recurring charge fee schedule
2.2 Cancellation fees. If Customer does not keep their service for at least 30 days after exterior and/or interior install takes place, CVI reserves the right to recover from Customer all costs associated with the lease wireless internet access service devices. These costs include, but are not limited to, Customer-specific hardware, internal and external installation costs, and a minimum of one month of monthly recurring device service fees.
3. COMPENSATION AND PAYMENTS
3.1 In consideration of the Service(s) provided by CVI to Customer, in addition to the connection costs referred to in Section 1 above, Customer agrees to pay to CVI the fees set forth on the CVI Broadband Rate Card (“Fees”), plus local, state and federal taxes or other fees including regulatory charges, if any, for the Service(s), plus any fees assessed as a result of this Agreement under any state or federal universal service fund, such as the Universal Service Fund set forth in Section 254 of the Telecommunications Act of 1996.
3.2 Customer’s obligation to pay the Fees shall commence upon Delivery, which is the date the service is available for use by Customer. The Fees for any period of time under this Agreement that is less than a calendar month shall be prorated based on the actual days of such month.
4. SERVICE USAGE RESTRICTIONS AND COOPERATION
4.1 Customer shall take no action, knowingly or unknowingly, that constitutes a prohibited use. Prohibited uses and activities include, but are not limited to, using the Service, Customer Equipment, or the CVI Equipment, either individually or in combination with one another, to:
(a) interfere in any way with, impair, or adversely affect the facilities used by CVI to provide the Service(s);
(b) expose CVI or such facilities to any claim, lien, encumbrance or legal process;
(c) violate these Terms and Conditions or any law, rule or regulation, including, but not limited to, any transmission Customer intentionally or knowingly sends or the content thereof that violates any copyright or export control laws, or that is libelous, slanderous or an invasion of privacy;
(d) resell, repackage, or share the Service, either through a wired or wireless connection to any party outside the Customer premises, unless prior written authorization has been provided by CVI. For purposes of this restriction the
Customer premises shall be defined as the Customer home or housing unit (e.g. apartment) for residential Customers, and for commercial Customers, the commercial space being occupied and used solely by the commercial entity subscribing to the service. A commercial Customer may not share or resell the service with or to other commercial entities within the same commercial premises, nor extend the Service beyond the Customer premises;
(e) use the Service for operation as an Internet service provider or for any business, other legal entity, or organization purpose (whether or not for profit); This limitation does not prohibit Customer from offering internet service on a temporary basis to a transient public guest so long as there is no additional fee charged to that user for this service.
(f) connect the CVI Equipment to any computer outside of Customer premises;
(g) impede others' ability to use, send, or retrieve information;
(h) restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any CVI (or CVI supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any CVI (or CVI supplier) facilities used to deliver the Service;
(i) restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature;
(j) interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host;
(k) access and use the Service with anything other than a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). Customer may not configure the Service or any related equipment to access or use a static IP address or use any protocol other than DHCP unless Customer is subject to a Service plan that expressly permits Customer to do so.
Customer shall promptly notify CVI of any event that would be reasonably likely to give rise to any such interference, impairment, affect, exposure, reselling, or service usage violation.
4.2 If CVI reasonably determines that Customer is using the Service(s) in violation of Section 4.1 above, CVI may immediately terminate the Service(s). Customer accepts liability for any damages resulting from Customer failure to comply with Section 4.1 service usage restrictions.
4.3 Customer and CVI each agree to cooperate with and support each other in complying with any requirements applicable to their respective rights and obligations hereunder imposed by any governmental or quasi-governmental authority.
5. LIMITATIONS ON LIABILITY; DISCLAIMER OF WARRANTIES
5.1 In no event shall CVI be liable to the Customer for any indirect, special, incidental, punitive or consequential damages, whether or not foreseeable, including loss of revenue, loss of Customers, loss of goodwill, or loss of profits arising out of or in relation to these Terms and Conditions or the performance or non-performance of any obligation hereunder, whether arising out of contract or tort.
5.2 CVI MAKES NO WARRANTY TO CUSTOMER OR ANY OTHER THIRD PARTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE INSTALLATION, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OF THE SERVICE(S) OR ANY OTHER MATTER WHICH IS THE SUBJECT OF THESE TERMS AND CONDITIONS, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.
5.3 CVI shall not be liable for any mistakes, errors, omissions, interruptions, delays, outages or defects in the Service(s) which are caused by force majeure, repair and maintenance or the Customer or third parties with whom Customer has a relationship, such as a Customer of Customer. CVI shall not be liable for any act or omission associated with systems, the Service(s), or facilities which CVI does not furnish, including acts or omissions associated with the operation of Customer’s system, Service(s), or facilities.
5.4 In no event shall an outage be deemed a default under these Terms and Conditions.
5.5 Notwithstanding any other provisions of these Terms or Conditions, the Customer Acknowledgement & Authorization, or the CVI Broadband Rate Card, CVI does not waive any rights, immunities, privileges, monetary limitations to judgments and defenses available to CVI under common law.
5.6 Customer understands and agrees that CVI and its contractors have taken appropriate measures to secure and stabilize the temporary fiber drop cable. However, regardless of those measures, Customer assumes responsibility for themselves and others who access the property, to avoid the potential hazards related to the fiber drop cable location. Neither CVI nor its contractors shall be liable for any claims, actions, causes of action, demands, judgments, costs, expenses and all damages of every kind and nature, incurred by and on behalf of any person or corporation whatsoever, predicated upon injury to or death of any person or loss of or damage to property of whatever ownership relating to the use of a temporary drop on the Customer premises.
The Customer releases and agrees to indemnify, defend and hold harmless CVI, its agents, officers, employees and volunteers from and against all damages, claims, actions, causes of action, demands, judgments, costs, expenses of every kind and nature, predicated upon injury to or death of any person or loss of or damage to any property, arising, in any manner, from the Customer’s use or misuse of the Service(s), including but not limited to any violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret or other intellectual property; from use or failure of the 911/E911 functionality or any other dialing associated with a home security, home detention, medical monitoring or other similar system; and from Customer’s breach of any provision of these Terms and Conditions.
7. FORCE MAJEURE
Without limiting any other provision of these Terms and Conditions, CVI shall not be held liable for any loss, damage, delay or failure to provide or maintain the Service(s) caused by anything beyond its control, such as acts of God, acts of civil or military authority, government regulations, eminent domain, embargoes, labor stoppage, epidemics, war, police actions, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, power blackouts, severe weather conditions, inability to secure facilities, products or services of other persons including transportation facilities.
8. GOVERNING LAW
These Terms and Conditions and any issues arising out of or in relation hereto shall be governed by the laws of the State of Colorado, without regard to its choice-of-law provisions. The Customer agrees that the federal and state courts of Colorado alone have jurisdiction over all disputes arising under these Terms and Conditions and the Customer consents to personal jurisdiction of those courts with respect to any disputes arising under these Terms and Conditions.
9. RELATIONSHIP OF THE PARTIES
The Customer is independent from CVI and nothing contained herein shall be construed to imply a partnership, joint venture, principal and agent, or employer and employee relationship between the parties.
10.1 Customer recognizes that CVI may enter into agreements with third parties to perform all or part of its obligations hereunder and that references herein to CVI include, where applicable, its agents and independent contractors.
10.2 CVI shall own and maintain the fiber optic facilities external to the premises with the Services, the ONU and any other equipment necessary to provide the Services. Notwithstanding the foregoing, Customer shall be responsible for damages and repairs to any such equipment caused by Customer’s acts or omissions. Upon cancellation or termination of the Services, Customer shall notify CVI to retrieve the equipment.
10.3 Customer agrees to allow CVI to enter his or her property for the purposes of installing, adjusting, repairing, replacing, maintaining, moving, auditing or removing any equipment. CVI shall also have the right to periodically audit the Service connections to confirm compliance with section 4.1(d), and Customer agrees to provide access to the property, equipment, and attached wiring for the purposes of the audit. Customer represents that Customer either owns the property or has the right to allow CVI to install any necessary equipment and wiring to provide the Service. Customer will ask for proper identification anytime a CVI employee or contractor requests entry to the property. If identification is not provided, Customer should not allow access.
10.4 These Terms and Conditions and any other documents incorporated by reference, including but not limited to the CVI Broadband Rate Card, constitute the entire agreement and understanding between Customer and CVI with respect to CVI’s provision of the Service and related equipment. They replace any and all prior written or verbal agreements. If 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. No waiver of any breach or default under these Terms and Conditions shall be a waiver of any other breach or default. Neither the course of conduct between the parties nor trade practice shall modify these Terms and Conditions.