These are the Terms that you agree to:
You are advised to read this Terms Agreement before using Central Valley Broadband’s service.
By establishing an account or using our service you agree to be bound by this agreement. You will be using the service in compliance with these Terms, our Acceptable User Policy and other Policies and Agreements.
Should you not agree with any of our Terms of this Agreement, including future changes you will not be able to use our service.
- Services
Central Valley Broadband, LLC. will provide the selected fixed wireless broadband internet service, based on the type of account you choose, in exchange for recurring payment of subscription fees and full compliance with this agreement, paying monthly/quarterly or yearly. You may not reassign, lease, rent, transfer or resell the Central Valley Broadband service or any portion of the Central Valley Broadband service in any way.
The fixed wireless broadband access service offered by Central Valley Broadband requires the installation of an external antenna, cable and the connection of the equipment to your computer. The customer is responsible for the installation. Central Valley Broadband assumes no liability for the customer’s equipment or property resulting from the installation of equipment necessary to receive its fixed wireless broadband service. Whether the wireless equipment is owned by you or by us, we have the unrestricted right, but not the obligation, to upgrade or change the firmware in the wireless equipment at any time that we, in our sole discretion, determine is necessary or desirable. We may perform these upgrades or changes remotely or on the Premises as we determine in our sole discretion.
- Access to Your Premises:
You authorize Central Valley Broadband and its employees, contractors, and representatives to enter your premises at which the Service will be accessed (the "Premises") in order to install, maintain, inspect, repair and remove the Central Valley Broadband equipment and any equipment used in connection with the Service. All such access will occur at a time agreed to with you. You warrant that you are the owner of, or a tenant at the Premises, and that you have the authority to enter into this Agreement. If you are not the owner of the Premises, upon request, you will supply us with the owner's name and address, evidence that you are authorized to grant access to the Premises on the owner's behalf and (if requested by Central Valley Broadband) written consent from the owner of the Premises. You agree to indemnify, defend and hold harmless Central Valley Broadband and its affiliates against all claims and expenses (including reasonable attorney fees) arising out of any breach of this
- Central Valley Broadbands Equipment:
The Central Valley Broadband equipment will at all times remain the property of the company or its designee. You acknowledge that the Central Valley Broadband equipment is merely a means through which the Service is provided by us and may be removed or changed by us at our discretion as we deem appropriate, including through "downloads" to your computer(s) or otherwise. You agree not to use the Central Valley Broadband equipment for any purpose other than to use the Service pursuant to this Agreement. During the term of this Agreement, Central Valley Broadband will repair and maintain the equipment and you agree that the equipment will not be serviced by anyone other than Central Valley Broadband employees or contractors. You shall not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. You will not relocate the equipment. At your request, we may, at an additional charge, relocate the equipment within the Premises at a time agreed to with you. If you change residences or disconnect your Service, you must contact Central Valley Broadband for additional information concerning disconnecting the Service, the possibility, costs and procedures for transferring the Central Valley Broadband equipment and Service to your new residence. You shall pay to Central Valley Broadband the full manufacturer's suggested retail price for the replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned equipment or part thereof, together with any incidental costs incurred by us relating to the replacement of the equipment or part thereof.
- Limited Cabling
Central Valley Broadband only installs exterior cabling – this cabling is from the antenna to the point of exterior wall or roof penetration and is affixed to the exterior of the structure. Under this agreement, Central Valley Broadband does not install cabling inside walls, under structures or within the interior of structures with the exception of a single wall or roof penetration terminating in a face plate. Customer is solely responsible for any cabling beyond this terminating face plate; customer is solely responsible for any service failure, hardware failure or other problem arising from the additional cable and/or the method of its installation.
- Your Equipment
You represent that you own the Customer equipment or otherwise have the right to use such equipment in connection with the Service. Central Valley Broadband shall have no obligation to provide, maintain or service the Customer equipment. The current minimum technical and other requirements for Customer equipment (including without limitation required computer hardware) in connection with the Service are posted on the Service's web site. These minimum requirements may be revised by us from time to time. If you proceed with the installation of or use the Service in conjunction with Customer Equipment that does not meet the minimum requirements (a "Non-Recommended Configuration"), you agree that (i) you will not be entitled to customer support relating to any issues other than the quality of the signal delivered to the antenna, and (ii) the following limitation of liability shall apply: NEITHER CENTRAL VALLEY BROADBAND NOR ANY OF ITS AFFILIATES OR AGENTS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION OR USE COULD CAUSE DAMAGE TO CUSTOMER EQUIPMENT, INCLUDING WITHOUT LIMITATION CUSTOMER'S COMPUTER, PERIPHERALS, SOFTWARE OR DATA. NEITHER CENTRAL VALLEY BROADBAND NOR ANY OF ITS AFFILIATES OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement.
As Central Valley Broadband account holder, you bear full responsibility for communications and/or content provided via your Central Valley Broadband account and all charges to your account. You assume responsibility for all conduct and content transmitted or stored using your account, with or without your knowledge or consent. You agree to protect and maintain the security of your account, password, files and data, network and user access, and any information and messages transmitted or provided via Central Valley Broadband and any other internet service.
- Registration Requirements
You must be at least 18 years to register for Central Valley Broadbands service.
You must provide us with accurate and complete billing information, your legal name, home address, phone number and if applicable billing information. You agree to promptly notify us, in accordance with the terms of this Agreement, if there is any change in the information that you have provided to us. Failure to provide and maintain accurate information constitutes a breach of this Agreement.
- Multiple Users
The Service and the Central Valley Broadband equipment shall be used only by you and by members of your immediate household living with you at the same address. You acknowledge that you are executing this Agreement on behalf of all persons who use the Central Valley Broadband equipment and/or Service by means of the Customer equipment. You shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement. You further acknowledge and agree that you are solely responsible for and liable for any and all breaches of the terms and conditions of this Agreement, whether the breach is the result of use of the Service and/or the Central Valley Broadband equipment by you or by any other user of the Customer equipment. You agree to indemnify, defend and hold harmless Central Valley Broadband and its affiliates and agents against all claims and expenses (including reasonable attorney fees) arising out of the use of the Service and/or the Central Valley Broadband equipment or the breach of this Agreement by you or any other user of the Customer equipment.
You are responsible for all charges to your account until you terminate your account
- Tampering
You will not service, alter, modify or tamper with the Central Valley Broadband equipment or with the Service, or permit any other person (unless authorized by Central Valley Broadband) to do so.
- Fees
Fees for fixed wireless broadband access service is payable monthly in advance, by Check or Credit Card, or annually (by invoice) in advance, depending on your service plan. Central Valley Broadband’s billing cycles are based on customer activation dates.
Current prices for Central Valley Broadband’s fixed wireless broadband internet service are posted on our website. They may also be obtained by calling 530-852-0318. We reserve the right to change prices post new fees at any time which may be given by updating our web site.
If your account is delinquent, it may be suspended or canceled at our sole discretion. If you suspend your account, regular charges continue to accrue until you cancel your account. Interest charges of 1% per month will accrue daily on any unpaid balance that is more than 30 days old.
If you have questions about any charges to your account, please contact our Customer Service Department at 530-852-0318. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old
- Service & Rate Changes
Due to the changing nature of various factors affecting technology, telecommunications and the Internet, Central Valley Broadband may, at its sole option, reserves the right to change or discontinue the service at any time upon 2 weeks notice. Notices may be given electronically via e-mail or by posting on the Central Valley Broadband’s web site. In the event that you do not agree to such fee change you may if you are on a month-to-month account, terminate your account or if you have committed to a quarterly or yearly term, notify Central Valley Broadband in writing of your intent to terminate the account and if the increase is determined to apply to your account then you may cancel without incurring an early termination fee. Any reduction in fees will not apply until such time as an account is renewed.
- Pricing & Billing
You agree to provide Central Valley Broadband with complete and accurate billing information at the time your account is created and to update this information within 10 days of any change. Such billing information includes, without limitation, your legal name, mailing address, and phone number(s) and any applicable e-mail addresses. Providing false billing information shall be cause for immediate and permanent termination of the account. You agree that you are responsible for making payment in full for any account you have opened.
- Billing
Central Valley Broadband is a PREPAID service, meaning that subscription fees are due before the upcoming service period. Customers who choose to receive an invoice will receive it one week before the payment due date. The date on the invoice represents the actual due date of payment. Customer is responsible for payment regardless if the service was used or not.
- Method of Payment
The amounts due by the Customer shall be payable for monthly service. Payments can be made in check, credit card, and debit card.
- Delinquent or Non Payment
Central Valley Broadband reserves the right to remove or suspend access to an account without notice that has an outstanding balance for monthly recurring fees, setup fees, handling charges, or any other fees. Suspended accounts continue to accrue charges until restored or purged, even if the account holder does not use the account. Accounts that are delinquent by more than 30 days may be purged from the system without notice. The balance due on any account purged from Central Valley Broadband remains due and may be sent to collections if not paid in full. You agree to pay Central Valley Broadband all costs, including attorney fees, collectors fees, accrued interest, and court costs associated with Central Valley Broadband collection of your past due amounts.
- Termination of Service
Central Valley Broadband may terminate the service agreement immediately and without notice in the event of any of the following:
If the Customer is in default in the payment of any amount due.
If Customer violates any part of the Term Agreement
Notice of termination or cancellation of the Agreement by Customer must be given by written means.
Notice of termination or cancellation will be effective when sent or received and any notice given by Customer will terminate the agreement at the end of the payment period.
- Use of the Service
You agree to abide by the terms of Central Valley Broadband’s then current Acceptable User Policy as posted on this web site. The terms and conditions of the current Acceptable User Policy are expressly incorporated into and made a part of this Terms Agreement. You and members of your household are the only authorized users of your Central Valley Broadband account. No one else may access the service through your account. You must ensure that all users of your account comply with this Agreement. You are responsible for maintaining the confidentiality of your passwords and you must notify us within 24 hours of discovering any unauthorized use of your account.
You will not use the Central Valley Broadband’s service or permit others to use this service through your account in any way that violates any law or regulation, subjects Central Valley Broadband to liability, or violates our Acceptable User Policy including but not limited to, publishing, posting, distributing, or disseminating any defamatory, obscene, libelous, slanderous, or other unlawful material or information. You agree to comply with all of Central Valley Broadband’s security procedures and standards.
You agree that by posting messages, uploading files, inputting data, or engaging in any form of communication on the Service, you grant to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work in which you may possess proprietary rights, subject to applicable trademark and copyright laws. You shall have absolutely no recourse against Central Valley Broadband’s the Service provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.
You shall defend and indemnify Central Valley Broadband hold it harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses, including reasonable attorneys' fees, relating to any acts by you, or materials or information transmitted by you, in connection with Central Valley Broadband’s Service, leading wholly or partially to claims against Central Valley Broadband or its Service by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
- Limited Warranty
THE CENTRAL VALLEY BROADBAND EQUIPMENT AND THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CENTRAL VALLEY BROADBAND NOR ITS AFFILIATES OR AGENTS WARRANT THAT ANY CONNECTION TO, TRANSMISSION OVER, OR RESULTS OF THE CENTRAL VALLEY BROADBAND EQUIPMENT OR THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR WILL PROVIDE UNINTERRUPTED USE OR WILL OPERATE AS REQUIRED, UNINTERRUPTED, AT ANY MINIMUM SPEED, OR ERROR FREE. YOUR SOLE REMEDY FOR SERVICE INTERRUPTION SHALL BE LIMITED TO A PRORATED CREDIT UPON REQUEST ONLY IN THE EVENT OF COMPLETE FAILURE OF THE SERVICE DUE TO A TECHNICAL MALFUNCTION FOR TWENTY-FOUR (24) CONSECUTIVE HOURS OR MORE. TO QUALIFY FOR SUCH CREDIT, YOU MUST REQUEST THE CREDIT FROM CENTRAL VALLEY BROADBAND WITHIN THIRTY (30) DAYS OF THE FAILURE. CREDITS SHALL BE APPLIED ONLY AGAINST CURRENT AND FUTURE FEES PAYABLE BY YOU FOR THE SERVICE AND ANY CREDITS PROVIDED BY CENTRAL VALLEY BROADBAND ARE AT OUR SOLE DISCRETION AND IN NO EVENT SHALL CONSTITUTE OR BE CONSTRUED AS A COURSE OF CONDUCT BY CENTRAL VALLEY BROADBAND. NEITHER CENTRAL VALLEY BROADBAND NOR ITS AFFILIATES OR AGENTS WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU 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 PERFORMANCE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY EXCLUDED
- Limitation of Liability
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY (INCLUDING WITHOUT LIMITATION TORT, CONTRACT, AND OTHERWISE), SHALL CENTRAL VALLEY BROADBAND OR ITS AFFILIATES OR AGENTS HAVE ANY LIABILITY TO CUSTOMER OR TO ANY PERSON OR ENTITY FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES AND PERSONAL INJURIES (INCLUDING DEATH), RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF THE SERVICE OR THE CENTRAL VALLEY BROADBAND EQUIPMENT OR CUSTOMER'S RELIANCE ON OR USE OF THE CENTRAL VALLEY BROADBAND EQUIPMENT OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE CENTRAL VALLEY BROADBAND EQUIPMENT OR THE SERVICE; OR (ii) 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 CENTRAL VALLEY BROADBAND EQUIPMENT OR THE SERVICE BY CUSTOMER OR ANY OTHER PERSON OR ENTITY INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.
- Binding Arbitration
If you and Central Valley Broadband are unable to resolve informally any claim or dispute related to or arising out of this Agreement or the services provided, you and Central Valley Broadband agree to binding arbitration except as provided below. You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes which are subject to Section 3), or you waive the right to pursue a claim based upon such event, facts or dispute
- Parties
All parties to the arbitration must be individually named. There shall be no right or authority for any claims to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (such as a private attorney general), other subscribers, or other persons similarly situated unless your state's laws provide otherwise.
Arbitration Services and Procedures
You may select the service to arbitrate the dispute. Please refer to the Arbitration Supplement that is attached to this Agreement as Exhibit B (or contact your Central Valley Broadband local office) for more information on the various arbitration services and other important terms and conditions. The arbitration will take place at a location, convenient to you, in the area where you receive service from us. Central Valley Broadband will advance all reasonable arbitration filing fees and arbitrator's costs and expenses, except that YOU ARE RESPONSIBLE FOR ALL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, EXPERT WITNESSES OR ATTORNEYS. IF THE ARBITRATION IS DECIDED IN CENTRAL VALLEY BROADBAND’S FAVOR, YOU AGREE TO REIMBURSE CENTRAL VALLEY BROADBAND FOR ALL FILING FEES, COSTS AND EXPENSES ADVANCED. You and Central Valley Broadband agree that a single arbitrator will resolve the dispute. Moreover, participating in arbitration may result in limited discovery.
- Exclusions from Arbitration
You and Central Valley Broadband agree that the following will not be subject to arbitration: (1) any claim filed by Central Valley Broadband to collect outstanding balances for unpaid service or the theft of any service or equipment; (2) any dispute over validity of either party's intellectual property rights or our licenses to operate our business; (3) any dispute involving violations of 47 U.S.C. 551 or 18 U.S.C. 2510-2521; (4) any claim wherein the total amount in dispute is $5,000 or less.
Revised and effective: February 2008
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