Terms and Conditions of Service
In this Agreement, "We","Ours", or "Us" means Valley Electric Association, Inc. ("VEA"), Valley Communications Association, LLC, and their affiliates. "You" or "Yours" refers to the applicant(s) who sign this Agreement and requests to receive broadband service ("Services") from Valley Electric Association, Inc.
1. Scope of Agreement. We agree to provide, and You agree to purchase, broadband Internet service under the terms and conditions of this Agreement. You will select the level of service You would like by signing an Application for Broadband Service. We will not be obligated to continue providing broadband service to You unless You comply with the terms and conditions, including the payment requirements, contained in this Agreement. Provision of broadband to You depends upon the availability of the required equipment, and We may substitute, change, or rearrange the equipment used to provide broadband service to You if We feel it is necessary for any reason.
2. Use. You may use the Services for any lawful purpose. However, You may not interfere with or impair service or the privacy of any other person's communication over Our system. WE MAY IMMEDIATELY SUSPEND, TERMINATE, OR OTHERWISE INTERRUPT YOUR SERVICE IF WE HAVE REASON TO BELIEVE THAT YOU HAVE USED THE SERVICE IN VIOLATION OF THE DIGITAL MILLENIUM COPYRIGHT ACT ("DMCA") OR OTHER LAWS, OR IN VIOLATION OF ANY BOARD POLICY ESTABLISHED BY THE VEA BOARD OF DIRECTORS. You may receive a copy of the DMCA and current Board Policy regarding acceptable use of the Services. The VEA Board of Directors may establish or alter its policies regarding acceptable use of the Services, and You agree that Your Service is subject to those policies as they may be amended from time to time. We will inform You if those policies change, and You will have the right to discontinue Service if You do not wish to comply with current policies.
3. Service Date and Term. This Agreement shall take effect when it is signed and shall continue in effect for as long as You purchase broadband service from Us. If We agree to build a new line extension to reach Your location, You may be required to pay for those facilities in a different agreement.
4. Demarcation Point. We will designate the Demarcation point ("Demarc") where You will receive the Services. You are responsible for all wiring, equipment, access, or other things needed for Your use of broadband on Your side of the Demarc. While We may be able to help You set up or troubleshoot Your broadband, We are not required to do so, and We are not required to pay for any equipment on Your side of the Demarc.
5. Customer Responsibilities. You will pay all monthly service charges, as they appear on Your bill. You will arrange for access within Your premises as necessary for Our personnel to install, repair, inspect, maintain, replace or remove the equipment We provide. You are responsible for notifying Us if there is any problem with Your service.
6. Equipment. We will continue to own all equipment that We provide for Your broadband service. Upon disconnection of the Services, We will remove any equipment necessary.
7. Limitation of Liability. Your sole and exclusive remedy under this Agreement for any breach by Us shall be to terminate this Agreement. IN NO EVENT SHALL VALLEY ELECTRIC ASSOCIATION, INC., VALLEY COMMUNICATIONS ASSOCIATION LLC, OR THEIR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, PUNITIVE OR ENHANCED DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR BUSINESS HARM) ARISING OUT OF OR RELATING TO THE SERVICES OR VEA'S PERFORMANCE OR NONPERFORMANCE UNDER THIS AGREEMENT.
8. Termination. You may terminate this Agreement for any reason, but all sums for Services You have received at the time You terminate shall become immediately due and payable. Except for situations covered by Section 2 of this Agreement, We may terminate this Agreement at any time if We give You at least ninety (90) days written notice.
9. Indemnity. If any claims are made against Us that were caused by Your use of the Services, You will be responsible for all costs arising from that claim, and You will reimburse Us for Our defense of the claim and any costs We pay as a result.
10. Assignment. You may not assign this agreement to any other person. We retain the right to assign this Agreement to an affiliate or another party.
11. Warranties. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE.