- Terms of Service
- Acceptable Use Policy
- Open Internet Transparency Policy
- DMCA Copyright Infringement Policy
Terms of Service
TERMS OF SERVICE
This Terms Of Service (“Service Agreement”), consisting of these terms and conditions and all other documents referenced herein by and between Deerfield Valley Communications Union District (“DVFiber,” “we,” “us,” and “our”) and the individual named on the Service Order (“Customer,” “you,” or “your”), sets forth the terms and conditions under which DVFiber will make available its Fiber Internet Service, Voice Over Internet Protocol (“VoIP”) services, and related services and components (collectively, the “Service”). This Service Agreement governs residential and business Customers. “Affiliate” means an entity that controls, is controlled by or is under common control with DVFiber.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT CUSTOMER UNDERSTANDS EACH PROVISION. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO CUSTOMER IN THE EVENT OF A DISPUTE.
THIS SERVICE AGREEMENT INCLUDES MANY IMPORTANT TERMS, INCLUDING WARNINGS THAT YOU MAY BE UNABLE TO USE VOIP SERVICE FOR 911 OR OTHER EMERGENCY CALLS UNDER CERTAIN CIRCUMSTANCES, INCLUDING LIMITS AND DISCLAIMERS ON DVFIBER’S LIABILITY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
Customer may obtain, at no charge, a copy of the current Service Agreement or any documents incorporated by reference herein by visiting DVFiber’s website or by contacting DVFiber.
1. GENERAL OVERVIEW. This Service Agreement governs the following components and Services defined under DVFiber’s Service Agreement. Customer may select from a menu of standard service(s) based on Customer’s needs. Details about the following can be found on DVFiber’s website, unless noted otherwise: https://dvfiber.net.
(a) Fiber Optic Internet;
(b) DVFiber’s Equipment – leased equipment (point-to-point systems);
(c) VoIP Service;
(d) Customer technical/repair support, including support technician;
2. EQUIPMENT AND REQUIREMENTS FOR PROVISION OF THE SERVICE.
(a) Customer Equipment. To use the Service, Customer must have a personal computer or other device or devices capable of sending and receiving information through a wired or wireless connection to the internet. Customer will direct any questions concerning third-party hardware or software to the manufacturer. DVFiber has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that Customer elects to use in connection with the Services. As set forth below and in the Open Internet Policy, Customer is not permitted to connect any harmful equipment to the DVFiber Equipment (as defined below). Customer understands that failure to comply with this restriction may cause damage to the DVFiber Networks and subject Customer to liability for damages and/or other liability. Customer understands, acknowledges and agrees to not alter, modify or tamper with the DVFiber Equipment or the Service, or to permit, encourage or solicit any other person to do the same, unless such person has been authorized to do so by DVFiber.
(b) DVFiber Equipment. Customer acknowledges that at the time of installation of the Service, the equipment owned and operated by DVFiber listed on the Service Order was installed ( the “DVFiber Equipment”) at a location and in a manner authorized by Customer. Customer further acknowledges that the DVFiber Equipment may, at DVFiber’s sole discretion, be refurbished or otherwise used equipment. Customer agrees that the DVFiber Equipment was installed at a location and in a manner authorized by Customer. The DVFiber Equipment is and shall remain the property of DVFiber, and will be provided to the Customer under the terms set forth in the Service Order. At such time as Customer or DVFiber terminate the Service, Customer will return the DVFiber Equipment to DVFiber within fifteen (15) calendar days, and in accordance with DVFiber’s then-current return procedures. In the event that Customer has not returned the DVFiber’s Equipment as set forth in the previous sentence, or in the event that the DVFiber Equipment is damaged or otherwise inoperable, Customer will pay each applicable “Equipment Non-Return Fee” listed in the Service Order.
(c) VoIP Service Requirements and Availability. Customer must supply certain facilities, such as a phone handset or equivalent, installed phone wiring and jacks, and a powered electrical outlet. Customer is responsible for supplying and ensuring that the facilities Customer supplies are compatible with the Service and meet federal and other applicable standards. Customer represents that Customer either owns Customer’s facilities or has the right to use the facilities in connection with the VoIP Service. DVFiber shall have no obligation to provide, maintain, support, or service Customer’s facilities. If Customer’s Internet connection is terminated, suspended, or disconnected for any reason, the VoIP Service will not be available until Customer reestablishes Customer’s Internet connection with DVFiber.
- For VoIP Customers requesting that DVFiber port an existing phone number from a prior carrier, a signed Letter of Authorization (“LOA”) must be on file before Service will be provided. The LOA gives legal authorization to DVFiber to act as Customer’s agent, to make any and all inquiries necessary for the purpose of obtaining customer service record information and to act as the Customer’s agent for the purpose of taking any and all actions required (including the removal of any account protection/freezes) to become Customer’s LOCAL SERVICE PROVIDER and to implement other services described herein for all of the Customer’s physical service and billing locations including changing Customer’s long distance carrier(s).
- The Customer gives DVFiber authorization to notify all appropriate parties, including the Customer’s local and long distance carrier, of the Customer’s choice of carriers and to make the necessary changes for the Customer’s current and future services without further permission. It is the customer’s responsibility to terminate service from prior local and long distance carriers after activation of DVFiber’s VoIP Service.
- The Customer directs the chosen long distance carrier for toll charges within Vermont and outside Vermont domestically and internationally, if not DVFiber, to comply with current applicable access tariffs, or release the Customer from any unfilled contractual obligations for service.
- DVFiber may obtain records from Customer’s local intralata long distance, and/or long distance, telephone company that are necessary to provide these services.
- The Customer also agrees to indemnify DVFiber, its employees, and agents from any liability resulting from any credit injury, or client privacy issue, or liability to any third party for pre-existing obligations, the Customer may have regarding local and/or long distance services.
(d) Customer’s Obligation to Maintain Power to DVFiber Equipment. Customer understands and agrees that: (i) Customer must provide electrical power and a continuous connection to the power grid or equivalent power connection to DV Fiber Equipment at all times (including, without limitation, when Customer is not using the Service), and (ii) Customer’s failure to provide such power and continuous connection may result in damage to the DVFiber Equipment or to Customer’s computer, equipment, property or premises, for which damage Customer will be solely responsible.
(e) Customer understands, acknowledges and agrees that prior to DVFiber servicing any DVFiber Equipment, it is Customer’s responsibility to (i) back-up the data, software, information or other files stored on Customer’s computer or other device including but not limited to disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (ii) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer’s equipment. Under no circumstances shall DVFiber and/or its Operational Service Provider, be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media. An Operational Service Provider is a third party-owned company that provides or performs services on DVFiber’s behalf, to help serve Customers better, or to perform internal functions that support DVFiber’s Service and operations.
3. SERVICE ORDERS; ACCESS TO CUSTOMER’S PREMISES. For locations where DVFiber Service is available for connection to customer premises, DVFiber will respond promptly to new requests for service, most often within 3 business days, and will coordinate with Customer to schedule a date for installation that is mutually agreeable Customer must agree to be present at the location on the date of installation or to be represented by a person who is 18 years of age or older. If customer cannot be reached following receipt of a request for service, a written notice of attempt to reach will be sent requiring response within 10 business days. If no response is received, the order will be canceled.
Customer hereby grants DVFiber and its Affiliates, and each of their respective employees, contractors, representatives, agents, and Operational Service Providers the right to enter Customer’s property and premises at any time for the purpose of operating or maintaining the DVFiber Equipment or the DVFiber Networks, retrieving DVFiber Equipment or fulfilling its obligations or exercising its rights under this Agreement. DVFiber shall provide Customer with reasonable advance notice of any such planned access, except when, in the reasonable opinion of DVFiber, an emergency or other exigent circumstance exists that would require DVFiber to immediately enter Customer’s property and premises.
4. CUSTOMER’S REPRESENTATIONS, RESPONSIBILITIES AND WARRANTIES. If Customer is an individual, Customer represents and warrants that he or she is at least 18 years of age and has legal authority to execute this Agreement. If Customer is a commercial entity, the individual executing this Agreement represents and warrants he or she has legal authority to execute this Service Agreement on behalf of Customer.
(a) This Service is personal to Customer and Customer represents and warrants that it will not assign, transfer, resell or sublicense Customer’s rights under this Agreement unless specifically permitted by the terms of this Agreement. (i) For residential Customers, Customer represents and warrants that the Service and the DVFiber Equipment shall be used only by Customer and by members of Customer’s immediate household living with Customer at the same address, and Customer will not redistribute or share the Service with any others or transmit the Service over a wireless or other network that is not secured.
(b) Customer represents and warrants that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement and any other documents incorporated by reference in this Service Agreement, whether such breach results from Customer’s use of the Service or by another person using the Service via Customer’s equipment or DVFiber’s Equipment.
(c) Customer represents and warrants that Customer will not use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any local, state or federal statute, ordinance or regulation, or this Service Agreement; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any officer, employee, agent, representative or Operational Service Provider of DVFiber or its Affiliates; or (v) transmits any virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program.
(d) Customer represents and warrants that the personally identifiable information (“Personal Information”) Customer provided and will provide to DVFiber during the term of this Service Agreement, including without limitation Customer’s legal name, email address for communications with DVFiber (such email address, as the same may be modified from time to time by Customer upon notice to DVFiber, the “Account Email Address”), Service address, billing address, telephone number(s), and payment data (including without limitation information provided when authorizing Automated Clearing House payments or other recurring payments) and Non-Personal Information, such as but not limited to the number of computers on which the Service is being accessed (all such information, collectively, the “Customer Information”) for purposes of this Service Agreement is accurate, complete and current.
(e) Customer represents and warrants that there are no legal, contractual or similar restrictions on the installation of the DVFiber Equipment in the location(s) and in the manner authorized by Customer and that Customer is responsible for ensuring compliance with all regulations, applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions or other restrictions related to the installation of the DVFiber Equipment and Service, for paying any fees or other charges and obtaining any permits or authorizations necessary for the installation of the DVFiber Equipment and/or provision of the Service (collectively, “Legal Requirements”) and the payment of any fines or similar charges for violation of any applicable Legal Requirements.
(f) Customer represents and warrants that when Customer transmits, uploads, posts, or submits any Customer Material (as defined herein) using the Service, Customer has the legal right to do so and that Customer’s use of such Customer Material does not violate any copyright or trademark laws or any other third party rights. Customer Material collectively includes without limitation any lawful or unlawful software, computer programs, applications, data, photographs, video and/or audio content, text, files, and other information, including emails, address book and web storage content – anything installed by Customer on DVFiber’s servers not provided by DVFiber.
(b) DVFiber does not routinely monitor a Customer’s activity for violation of this Service Agreement and DVFiber has no obligation to monitor content transmitted by use of, or other information related in any way to the provision or receipt of the Service. However, Customer agrees that DVFiber has the right to monitor the Service, any and all information or Customer Material transmitted through the Service or by use of the DVFiber Equipment, and information available to DVFiber regarding Customer’s computer and other equipment in accordance with this Service Agreement. DVFiber has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on DVFiber’s, its Affiliates’ or Operational Service Providers’ servers. DVFiber has the right to monitor, review, retain or disclose any content or other information in DVFiber’s possession about or related to Customer (including, without limitation, Customer Information), Customer’s use of the Service, or otherwise, as necessary to satisfy any applicable law, or otherwise as DVFiber deems necessary or appropriate in DVFiber’s sole discretion.
(c) Customer authorizes DVFiber to make inquiries and to receive information about Customer’s credit history from others and to utilize such information in its decision regarding its provision of the Service to Customer.
(d) DVFiber may require that Customer use a username and password combination or other reasonable procedures to confirm Customer’s identity when requesting or otherwise accessing account information, making changes to the Service or performing other functions related to the Service through DVFiber’s authorized Customer service channels.
(a) Accounts are for authorized individual use only.
(b) Customers shall not share passwords or accounts with others.
(c) DVFiber shall provide or obtain passwords to protect Customer’s account and Services. In the event that the security of a Customer’s account or Service is compromised, DVFiber shall provide Customer with a mechanism to reset their password.
(d) DVFiber may monitor the security of Customer’s passwords at any time. A Customer with an insecure password may be directed to change the password or may be assigned a password by DVFiber. Continued failure to maintain password security may be grounds for account termination.
7. SYSTEM SECURITY.
(a) Customer is solely responsible for maintaining the security of Customer’s computer(s)/device(s) and data and protection of Customer’s User ID, password and Personal Information and other data.
(b) Customer is prohibited from utilizing the Service to compromise the security or tamper with DVFiber’s system resources or accounts on any of DVFiber’s or DVFiber’s operational service providers’ computers, routers, switches, servers, radios, modems, or any other equipment at DVFiber or at any other website. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include but are not limited to password guessing programs, cracking tools, and network probing tools. Any attempt to access any of DVFiber’s corporate assets is strictly prohibited.
8. ACCEPTABLE USAGE. DVFiber’s Acceptable Use Policy is incorporated into this Agreement by reference and governs the type of acceptable activities associated with the use of the Internet and VoIP, including but not limited to usage of DVFiber’s systems and the DVFiber Networks for accessing the World Wide Web, Internet Relay Chat, USENET Newsgroups, Email, and other Internet features. The Acceptable Use Policy also identifies the activities specifically prohibited by DVFiber.
9. DIGITAL MILLENNIUM COPYRIGHT ACT. Under the Digital Millennium Copyright Act (“DMCA”), copyright owners have the right to notify DVFiber’s registered designated agent if they believe that a Customer has infringed on their work(s). When DVFiber receives a complaint notice from a copyright owner, DVFiber will notify the Customer of the alleged infringement by providing Customer a copy of the submitted DMCA Notice, to the extent permissible by law. As required by law, DVFiber enforces a graduated response policy to complaints that may lead to suspension or termination of Service. DVFiber’s policy is to terminate the internet services for any Customer receiving three (3) or more DMCA notices annually. For information how to contact DVFiber’s Designated Agent, please see DVFiber’s DMCA Copyright Infringement Notification Policy. Please email: [email protected] for additional information.
10. PENALTIES FOR VIOLATIONS OF SERVICE AGREEMENT. Violation of this Service Agreement may be subject to immediate termination of Customer’s account in addition to any and all criminal and civil penalties available under the law. Typically, Customer will receive a warning on the first offense. However, if the offense is severe enough, DVFiber reserves the right to disable and terminate the account immediately.
(a) Accounts which have been disabled for abuse will not be re-opened. DVFiber also reserves the right to modify and/or disable Service at any such time the Customer violates this Service Agreement.
(b) DVFiber will not reimburse Customer when Service has been suspended or disabled due to violations of this Service Agreement.
(c) Non-payment Suspensions and Cancellation. In order to avoid the interruption of Service, Customer must pay the full amount each month. Failure to pay invoices by the due date may result in Customer’s account being suspended or canceled with or without written notice. Credits will not be issued for the time that an account is on hold for non-payment. Although partial payments are accepted, partial payments will not prevent Services from being discontinued for non-payment. DVFiber shall not be held responsible for any lost email, website content, data, or issues resulting from the account being suspended for non-payment. Reactivation of delinquent accounts will require that the past due balance be paid in full as well as any current invoices on the account and a restoration fee.
If Service is disconnected completely for non-payment, DVFiber is not obligated to re-connect Customer’s Service. However, if Customer desires reconnection, and DVFiber agrees to do so, Customer agrees to pay the past due balance in full as well as any current invoices on the account and an installation fee. The amount of the re-installment fee is set forth on DVFiber’s website. Failure to bring an account current may result in the account being turned over to a third party for collections and credit reporting.
Acceptable payment methods by account type:
- Internet only – Automatic payments preferred via credit card, debit card or checking account.
- Phone/Internet – Automatic payments preferred via credit card, debit card, or checking account. Taxes and fees may apply.
(a) Customers will be billed in advance on a monthly basis unless service type specifies otherwise. New Customers on paper billing will receive their first bill (including any applicable installation and equipment rental fees) following installation. New Customers on Auto Pay will receive a courtesy receipt for payment following installation.
(b) Invoices for Services are sent electronically at the beginning of each billing cycle. Paper statements are available upon request unless service type, credit check, or contract require automatic payments or other alternate payment method. Billing date is determined by the date service is active.
(c) Customers are responsible for timely monthly payment of invoices. DVFiber is not responsible for misdirected, lost, or late payments. Customers paying by check or money order are due 20 days after the billing date.
(d) Past due balances will be assessed a late fee of one and one-half percent (1.5%) per month. Mail payments to:
PO Box 532
Wilmington, VT 05363
(e) Autopay Customers agree to maintain balances sufficient to cover all charges. Recurring transactions take place on the same date every month. Cycles that fall on a weekend or holiday may be processed the next business day. To prevent processing, notification must be received by DVFiber prior to the following billing cycle. Removal of automatic payment information may result in suspension of Service until replacement information and/or receipt of a deposit.
(f) Account information must be kept up to date. Customer is responsible for maintaining up-to-date contact and billing information. DVFiber is not liable for bank or credit card fees that Customer incurs due to expired or new information.
- If payment processing is declined, Service may be suspended within 10 days.
- Returned payments are subject to a return payment fee.
- DVFiber reserves the right to suspend Service without notice following any second return payment.
12. Payment Arrangements. Temporary payment extensions can be granted if Customer’s account is eligible. DVFiber will review Customer’s account to determine if a temporary payment extension can be granted. If eligible, DVFiber will offer an extended date for Customer to pay the bill or set up an installment plan.
- Requests must be made prior to account due date to be eligible for a payment arrangement.
- Not all accounts qualify for payment arrangements; failure to comply with prior payment arrangements may render an account ineligible.
- Only one payment arrangement per 6 month period is allowed.
13. Credits and Refunds. Customers can dispute bills or charges by calling DVFiber. Disputes will be investigated, documented, and results will be reported to Customer. DVFiber will attempt to resolve all disputes in good faith.
DVFiber Billing Office
Monday – Friday | 8:00 am – 4:30 pm.
Tel: (866) 494-2020
If Customer’s dispute with DVFiber is not addressed to Customer’s expectation, Customer has the right to dispute through the Consumer Affairs and Public Information Division of the Vermont Department of Public Service at the following address: Consumer Affairs and Public Information Division, Vermont Department of Public Service 112 State Street, Drawer 20, Montpelier, VT 05620-2601.
14. CUSTOMER’S PAYMENT OBLIGATIONS FOR FIBER INTERNET SERVICE. Payment obligations for Internet Service Customers will be set forth in the Service Order. Failure to fulfill any payment obligations in a timely manner as provided herein will be considered to be a violation of this Service Agreement and Customer’s Service Order.
15. VOIP SERVICE FEES, TAXES AND OTHER CHARGES. State and Federal taxes and fees are applied to all Services types. VoIP taxes, service fees, and other charges may change from time to time. DVFiber is not required to notify Customer of fluctuations in pricing due to these changes.
DVFiber blocks international phone calls from the United States except those made to Canada. Should a Customer require the ability to place international calls to countries other than Canada, DVFiber may open the lines for those specific countries at their discretion. If Customer makes calls to locations outside the United States and Canada, international rates will apply. International calling rates can be found here.
16. VOIP SERVICE 911 EMERGENCY SERVICES. By acceptance, and use, of the VoIP Service, Customer acknowledges and accepts any limitations of 911/E911 service and must display or install any such warnings provided by DVFiber as directed, and Customer agrees to convey these limitations to all persons who may have occasion to place calls over the VoIP Service. If Customer has any questions about 911/E911, call DVFiber at 844-383-6246.
When a telephone account is delinquent and a Disconnect Notice is sent to Customer, Customer has 14 days from the date on the Notice to make full payment on all past due and any current invoices on the account. Partial payments are accepted but will not prevent Services from being suspended or disconnected for non-payment. Customers may still make calls to 911 Emergency and to DVFiber for payment. No other incoming or outgoing calls can be made.
If Customer fails to make any payment within 24 days from the date of the original Disconnect Notice, the account will be disconnected. The current outstanding bill will be prorated to the date of disconnection. Access to dial 911 will remain available for 90 days following disconnection. After the 90 day period, dial tone will no longer be available and the telephone number will not be assigned to the line.
To reestablish a disconnected account, Customer may call DVFiber to pay the account in full. Customer may be required to complete a credit check, provide credit card information for automatic payments, provide a deposit payment, pay the first month’s Service in advance and pay a mandatory installation fee.
- DVFiber does not guarantee the same telephone number will be issued.
17. DISCLAIMER OF WARRANTIES. CUSTOMER EXPRESSLY AGREES THAT CUSTOMER USES THE SERVICE AND THE DVFIBER EQUIPMENT AT CUSTOMER’S SOLE RISK. THE SERVICE AND DVFIBER EQUIPMENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. NEITHER DVFIBER NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD PARTY SUPPLIERS OR SOFTWARE LICENSORS WARRANTS: (I) TO UNINTERRUPTED, TIMELY OR SECURE USE OF SERVICE; (II) THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS; (III) THAT THE SERVICE WILL BE ERROR-FREE OR FREE OF ANY VIRUSES, WORMS, SPAM, POP-UP ADVERTISING, SPYWARE, ADWARE OR OTHER HARMFUL COMPONENTS, EVEN IF COUNTERMEASURES HAVE BEEN DEPLOYED; OR (IV) THAT ANY PERSONAL INFORMATION, NON PERSONAL INFORMATION, DATA OR FILES CUSTOMER SENDS OR RECEIVES VIA THE SERVICE WILL BE TRANSMITTED IN UNCORRUPTED FORM, WITHIN A REASONABLE TIME, OR FREE FROM UNAUTHORIZED ACCESS BY OTHERS OR THAT OTHER USERS WILL BE UNABLE TO GAIN ACCESS TO CUSTOMER’S COMPUTER OR DEVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, INCIDENTS OF FILE SHARING, PRINT SHARING OR USE OF OTHER MEANS THAT ENABLE INTERNET USERS TO GAIN ACCESS TO CUSTOMER’S COMPUTER, DEVICE, OR NETWORK OR DVFIBER EQUIPMENT, OR TO MONITOR CUSTOMER’S ACTIVITY AND CONDUCT WHILE USING THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM DVFIBER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE OF A LIMITATION OF WARRANTY OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
(a) In addition, DVFiber may, in its sole discretion, make available to Customer security software, such as anti-virus software, firewall software, “pop-up” advertising blocking software, parental control software, anti-spyware or anti-adware software for Customers use on Customer’s computer system(s) in conjunction with the Service. Any such security software provided by DVFiber to Customer is intended to provide only a minimal level of protection to Customer’s computer system(s). CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT DVFIBER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, THIRD-PARTY SUPPLIERS AND LICENSORS OF ANY SUCH SECURITY SOFTWARE, DO NOT GUARANTEE ITS ACCURACY, EFFICACY OR PERFORMANCE. CUSTOMER UNDERSTANDS AND AGREES THAT DVFIBER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, THIRD PARTY SUPPLIERS AND LICENSORS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM(S) (OR THE INFORMATION STORED THEREIN) THAT MAY RESULT FROM USE OF THE SECURITY SOFTWARE OR FROM ITS NONPERFORMANCE.
(b) EXCEPT AS DVFIBER SPECIFICALLY SET FORTH IN THE SERVICE ORDER, CUSTOMER UNDERSTANDS AND AGREES THAT NEITHER DVFIBER NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS OR THIRD PARTY SUPPLIERS AND LICENSORS GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE DVFIBER NETWORKS WILL BE AVAILABLE TO CUSTOMER. Customer understands, acknowledges and agrees that the availability and speed of the Service provided at Customer’s premises may vary depending upon a number of factors, including Customer’s computer system(s), associated equipment and other devices accessing the Service, governmental actions, events beyond DVFiber’s control and system failures, modifications, upgrades and repairs.
(c) THIS SERVICE AGREEMENT GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
18. LIMITATION OF LIABILITY; STATUTE OF LIMITATIONS: CUSTOMER MUST BRING ANY CLAIM OR LAWSUIT WITHIN ONE (1) YEAR THE CLAIM OR SUIT ARISES.
(a) TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL DVFIBER OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS, THIRD PARTY LICENSORS OR THIRD PARTY SUPPLIERS, OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, AND ANY OF THEIR SUCCESSORS AND ASSIGNS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS SERVICE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND EXCLUSIONS HEREIN MAY NOT APPLY TO CUSTOMER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DVFIBER UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 US).
(b) DEVELOPING, INSTALLING, OPERATING, PROVIDING, IMPLEMENTING, MAINTAINING, OR PARTICIPATING IN A 911 EMERGENCY TELEPHONE SYSTEM OR SIMILAR EMERGENCY SYSTEM OR E911 SERVICE, INCLUDING WITHOUT LIMITATION (i) RECEIVING, DEVELOPING, COLLECTING, OR PROCESSING INFORMATION FOR E911 DATABASES, (ii) RELAYING, TRANSFERRING, OPERATING, MAINTAINING, OR PROVIDING 911 OR E911 SERVICES OR SYSTEM CAPABILITIES, OR (iii) PROVIDING EMERGENCY TELEPHONE AND RADIO COMMUNICATIONS FOR AMBULANCE, POLICE AND FIRE DEPARTMENTS;
(c) ADDITIONALLY, DVFIBER WILL HAVE NO LIABILITY FOR THE FOLLOWING: (i) FOR ANY AMOUNT IN THE IN EXCESS OF ONE HUNDRED DOLLARS ($100.00 US); (ii) FOR ANY THIRD-PARTY FEES OR CHARGES, INCLUDING BUT NOT LIMITED TO, BANKING FEES, OVERDRAFT FEES, MOBILE PHONE OR OTHER WIRE LINE CHARGES, TECHNICIAN CHARGES, OR OTHER SIMILAR CHARGES; (iii) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (iv) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (v) FOR ANY DAMAGES OR LOSS DUE TO CUSTOMER’S FAILURE TO BACK UP ANY EQUIPMENT AS REQUIRED IN SECTION 2(e) HEREIN; (vi) ANY LACK OR BREACH OF SECURITY CUSTOMER OR ANY OTHER PARTY MAY EXPERIENCE OR BE EXPOSED TO WHILE USING THE SERVICE; (vii) FOR ANY MATTER BEYOND DVFIBER’s REASONABLE CONTROL; (viii) FOR ANY INTERFERENCE OR INCOMPATIBILITY WITH OR DISRUPTION OF ANY NON-VOICE SYSTEMS, WHETHER CAUSED BY THE VOIP SERVICE, INTERNET SERVICE, EQUIPMENT, OR OTHERWISE; OR (ix) CUSTOMER’S USE OF THE SERVICE FOR OR IN CONNECTION WITH ANY HIGH-RISK OR UNLAWFUL USES, OR ANY USE THAT VIOLATES THIS SERVICE AGREEMENT.
19. AGREEMENT TO ARBITRATE CUSTOMER AND DVFIBER AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS BETWEEN CUSTOMER AND DVFIBER. The agreement between Customer and DVFiber to arbitrate all disputes and claims between them is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between Customer and DVFiber, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising), claims that are currently the subject of purported class action litigation in which Customer is not a member of a certified class and claims that may arise after the termination of this Agreement. For the purposes of this Section 19, references to Customer include Customer’s subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all Authorized Users or unauthorized users or beneficiaries of the Service. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND DVFIBER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(a) A party who intends to seek arbitration must first send to the other, by certified mail, a written notice (“Arbitration Notice”). An Arbitration Notice to DVFiber must be addressed to DVFiber at the address set forth in this Service Agreement for notices. An Arbitration Notice to Customer must be addressed to Customer at Customer’s then-current billing address. The Arbitration Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Customer and DVFiber do not reach an agreement to resolve the claim within sixty (60) calendar days after the Arbitration Notice is received, Customer or DVFiber may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by DVFiber or Customer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Customer or DVFiber is entitled.
(b) The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, and shall be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or written request to DVFiber. The arbitrator shall be bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are reserved to the decision of a court of competent jurisdiction. Unless Customer and DVFiber agree otherwise, any arbitration hearings shall take place in [INSERT COUNTY, STATE]. The right to a hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The party initiating arbitration proceedings shall bear all the arbitration-related costs and expenses of both parties including, without limitation, legal fees and expenses.
(c) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. CUSTOMER AND DVFIBER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both Customer and DVFiber agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(d) Notwithstanding any provision in this Agreement to the contrary, Customer and DVFiber agree that if DVFiber makes any future change to this arbitration provision (other than a change to the address to which an Arbitration Notice is to be sent), Customer may reject any such change by sending DVFiber written notice within 30 days of the change. By rejecting any future change, Customer agrees that Customer will arbitrate any dispute between Customer and DVFiber in accordance with the language of this provision.
20. INDEMNIFICATION. Customer agrees to indemnify, defend and hold harmless DVFiber, its Affiliates, officers, directors, employees, shareholders, representatives, agents, Operational Service Providers, third party licensors and suppliers and their respective members, officers, directors, employees, agents, representatives and contractors, and each of their successors and assigns (collectively, the “DVFiber Indemnitees”) from and against all losses, expenses, damages and costs, (including reasonable attorneys’ fees) and other claims brought against any DVFiber Indemnitee(s) related to Customer’s use of the Service or any violation of this Service Agreement and all other documents incorporated herein by reference including, but not limited to, claims that Customer’s use of the Service infringed on the patent, copyright, trademark or other intellectual property right of any third party, Customer’s violation of any law or the rights of another and claims resulting from Customer’s negligence. Customer agrees to pay any attorneys’ fees incurred by DVFiber and/or any other DVFiber Indemnitee in connection with the defense of any such third-party claims. DVFiber reserves the right to assume the defense and control of any matter subject to indemnification by Customer, in which event Customer will cooperate with DVFiber in asserting any available defenses.
21. TERMINATION OF THE SERVICE. DVFiber is certain Customer will be satisfied with DVFIber’s Service and provides Customers a full 7-day money-back guarantee. If Customer is not completely satisfied, Customer may call DVFiber and cancel Customer’s account within the first 7 days for a refund. If Customer cancels after the initial 7 days, the account will remain active through the end of the current billing cycle. NOTE: Set up, activation and installation fees are not refundable.
(a) IF CUSTOMER CANCELS THE SERVICE OR ANY ASPECT THEREOF FOR ANY REASON, DVFIBER SHALL NOT BE REQUIRED TO REFUND CUSTOMER ANY PORTION OF THE MONTHLY FEES PAID BY CUSTOMER FOR THE MONTH IN WHICH CANCELLATION OCCURS, UNLESS REQUIRED OTHERWISE BY STATE LAW AND AS SET FORTH ABOVE.
- All cancellation requests must include your full name, account ID#, telephone number and the reason for cancellation.
(b) Customer may terminate the Service at any time by providing DVFiber written notice, via email to [email protected], prior to the start of the next billing cycle to avoid another payment. DVFiber may take reasonable steps to verify Customer’s identity and authority before effecting such termination. The full Monthly Payment is due for any part of a month in which Service is provided. Upon termination, Customer agrees to pay any account balance, a “Cancellation Fee” as defined in the Service Order, and to return any DVFiber Equipment or pay the Equipment Non-Return Fee as set forth in Section 2(b) herein.
(c) The Service and all Service features are subject to availability on an ongoing basis. Customer understands that DVFiber may cease to offer the Service or any Service feature at any time, for any reason or no reason, and without notice to Customer. Without limiting the generality of the foregoing, DVFiber may suspend, disconnect or terminate the Service at any time without prior notice if DVFiber believes in its sole discretion that Customer have (i) failed to pay Customer’s bill when due, (ii) threatened or harassed any DVFiber employee, agent or contractor or (iii) violated any other provision of this Service Agreement.
(d) If the Service to Customer is disconnected for any reason or Service is suspended in accordance with this Agreement, DVFiber may charge Customer (i) for Service during the period of disconnection or suspension in accordance with applicable federal and state law and (ii) reasonable disconnection and reconnection fees.
(e) In the event that Customer’s account is suspended, disconnected or terminated, no refund, including of fees paid by Customer to DVFiber, shall be granted. Moreover, DVFiber shall not be responsible for the return of data stored on DVFiber’s servers, including web and email servers. Customer agrees that DVFiber has no obligation to visit Customer’s home upon termination to reconfigure Customer’s computer(s) or for any other reason.
(f) Sections 3 through 21 herein shall survive any termination or expiration of this Agreement.
22. GENERAL PROVISIONS. This Service Agreement (including all documents incorporated herein by reference) constitutes the entire agreement with respect to the Service. This Service Agreement supersedes and nullifies all prior understandings, promises and undertakings made orally or in writing by or on behalf of the parties with respect to the subject matter of this Agreement.
(a) The parties agree that any Affiliates, Operational Service Providers, agents, third party suppliers and licensors of DVFiber are intended beneficiaries of this Service Agreement. Except as set forth in the previous sentence, this Agreement is not intended to give and does not give any rights or remedies to any person other than Customer and DVFiber.
(b) No agency, partnership, joint venture, or employment relationship is created as a result of the Service Agreement and neither party has any authority of any kind to bind the other in any respect.
(c) DVFiber shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond DVFiber’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
(d) This Service Agreement and all matters arising out of or related to this Service Agreement shall be governed by the laws of the State of Vermont without regard to its conflicts of law provisions. Subject to the agreement between Customer and DVFiber with respect to arbitration of any disputes, Customer agrees that the federal and state courts of Vermont alone shall have jurisdiction over all disputes arising under this Service Agreement and Customer consents to the personal jurisdiction of those courts.
(e) DVFiber’s failure to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such right or provision. If any term, covenant, condition or provision of this Service Agreement shall, to any extent, be held invalid, illegal or unenforceable, the remainder of this Service Agreement shall not be affected and each remaining term, covenant, condition and provision shall be valid and enforceable to the fullest extent permitted by law or construed as nearly as possible to reflect the original intentions of the parties.
(f) DVFiber may change, amend, alter, or modify this Service Agreement at any time. DVFiber may notify Customer of any change either by posting that change on DVFiber’s website [INSERT URL] and by sending Customer an email or by U.S. mail. If Customer continues to use the Service after such notice has been made, Customer agrees that such continued use shall be deemed to be Customer’s acceptance of those changes. The current version of this Service Agreement, as the same may be modified by DVFiber from time to time, shall supersede any prior version of this Service Agreement that may have been provided to Customer at any time.
(g) Except as specifically set forth in this Service Agreement, any notices under this Agreement shall be effective as follows:
If to Customer: Notice shall be made by (i) email to Customer; (ii) by first-class mail to Customer at Customer’s billing address then on file with DVFiber; or (iii) when posted to DVFiber’s website. If by email, such notice shall be deemed effective when transmitted by DVFiber. If by first-class mail, such notice shall be deemed effective upon the earlier of (A) three business days after dispatch or (B) at such time as actually received by Customer.
If to DVFiber: Notice shall be made exclusively by first-class mail to DVFiber, PO Box 532, Wilmington, VT 05363 or such other address as DVFiber may from time to time publish to Customer, and such notice shall be deemed effective upon receipt.
(h) Customer may not assign this Agreement, or Customer’s rights or obligations under this Service Agreement, without DVFiber’s prior written consent, and any purported assignment by Customer without such consent shall be void. DVFiber may transfer or assign any portion or all of this Service Agreement at any time without notice to Customer, and Customer waives any notice that may be required by law.