Thank you for choosing MID-RIVERS TELEPHONE COOPERATIVE, INC. d/b/a MID-RIVERS COMMUNICATIONS (“Company”), 904 C Avenue, Circle, MT 59215, as your Internet Service Provider. Before you can begin using the Company’s Internet Service (“Service”), you must read and indicate your consent to the terms and conditions of the following Internet Service Agreement (“Agreement”), as well as to the Company’s Online Policies. This Agreement and the Company’s Online Policies provide the terms and conditions for you (as a customer) and for the Company. If you do not consent to these terms, you cannot use our service. Your continued use of the Company’s service will confirm your consent to these terms and conditions, as well as your acceptance of any and all changes the Company may make to the Agreement in the future.
I. Terms of Internet Access Agreement
1. To make your use of the Service as enjoyable as possible, in addition to the terms and conditions of this Agreement, the Company requires all its subscribers to abide by the rules of conduct described in the Company's Online Policies. You agree to abide by the Company's Online Policies and agree that those policies are incorporated into this Agreement by reference. Please take the time to familiarize yourself with those policies.
2. Current Account Charges, including billing methods, may be found on the Company's website at www.midrivers.com or may be obtained by calling the Company's Customer Service at 1-800-452-2288.
3. You agree that the Company may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges; and (3) revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately on posting the revised Agreement on the Company's website, or on notification to you by e-mail or United States mail.
4. You agree to review the Agreement periodically to be aware of any such revisions. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by providing the Company with written notice by United States mail. Notice of your termination will be effective on receipt by the Company.
5. You agree that, by continuing to use the Service following notice of any revision to the Agreement, you accept any such revisions and agree to abide by any such revisions.
6. The Company reserves the right to distribute informative e-mails, in-browser notifications or other forms of online communications to our subscribers on an ad hoc basis that it feels is pertinent to the quality of our service. These announcements are predominately informative in nature and provide our subscribers with notification describing changes, upgrades, and other critical information.
7. You have agreed to have the Company provide high-speed Internet access service. The Company agrees to provide services with speeds up to the speeds you select at the time of sign-up. You agree, as a user, that actual speeds may vary.
II. Registration Information
1. You agree to provide the Company with accurate, complete and updated registration information. If you do not provide the Company with accurate registration information, you are not authorized to use the Service and your account may be terminated immediately.
2. YOU AGREE THAT BY USING THE ACCESS SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
III. Internet Access Service
1. Service is furnished for use by you or your authorized representative. The Company's Service will provide you with (1) connectivity to the Internet through the Company's Internet Access Service; (2) free customer technical phone support for the standard Internet service up to and including the one (1) wired modem or equivalent; and (3) fully licensed Internet access software. The demarcation point for Company’s Internet service is the RJ45 cable at the wired modem (or equivalent for services not requiring a modem). The service Company provides for the customer’s monthly Internet service fee will include installation and support up to that point of demarcation.
2. Company’s Internet plans (excluding WildBlue/Exede satellite services) include 300GB of data access (combined upstream and downstream) per monthly billing cycle. Additional data used over 300GB during a billing cycle will be billed at $10.00 per 50GB. The usage allowance is not a data “cap” and service will not be interrupted and speeds will not be slowed when you reach your usage allowance. Usage monitoring tools are provided to Company’s Internet customers through in-browser notifications and our SmartHub online account management tool. To review the Company’s Open Internet Policy please visit www.midrivers.com/open-internet-policy/.
3. The Internet is not owned, operated or managed by or in any way affiliated with the Company or any of the Company's affiliates. The Internet is an international computer network of both Federal and non-Federal inter-operable packet switched data networks. The Company cannot and will not guarantee that the Service will provide Internet access that is sufficient to meet your needs. You agree that your use of the Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
4. You agree that the Company retains the right, but not the obligation, to restrict or terminate your Service at any time, if the Company, in its sole discretion, determines that you are in violation of this Agreement. You agree that, if the Company determines that you are in violation of this Agreement, any restriction or termination of your Service will be effective immediately, without prior notice. You agree that the Company will have no liability to you for any restriction or termination of your Service pursuant to such violation.
IV. WiFi Services
1. Installation and support of Wireless “WiFi” networking is not included in Company’s standard Internet service but is available through a subscription to a residential or small business WiFi Bundle.
2. All Wifi Bundle subscriptions require a 2-year service agreement.
3. Access points or other equipment needed (as determined by Company’s technician during installation) beyond the equipment included in your selected WiFi Bundle will be billed as additional one-time equipment charges.
4. WiFi Bundles include unlimited remote support available 7AM-9PM Monday-Friday and 11AM-7PM Saturday and Sunday, excluding Holidays (subject to change).
5. Due to the nature of WiFi service, you accept that the Company cannot guarantee the security of the service against unlawful access or use. You should make sure that you have adequate security to prevent unlawful access to your computing equipment or the disclosure of confidential information. You accept that we do not guarantee the integrity, authentication and confidentiality of the information, files and data (including credit card numbers and PINs) you may wish to exchange over this service. In no event shall Company be liable for any special, incidental or consequential losses occurring from the failure or breach of the wireless network.
V. Online Backup Services
1. Online Backup service “FileHopper Plus” backs up the information on your computer(s) and is not meant to be an online storage service for photos or other files NOT stored on your hard drive. If a file is deleted from your hard drive, it will also be deleted from FileHopper Plus with your next system backup.
2. FileHopper Plus is not available to Dial-Up or WildBlue/Exede satellite Internet customers. You understand that data transferred during system backup is counted toward your Internet plans’ monthly usage allowance.
1. Unless otherwise stated, modems, routers and other equipment purchased individually from the Company or as part of a service bundle are your property and can be installed by you or the Company. Fiber to the Premise and 700 MHz equipment will remain the property of the Company and will be installed by the Company.
2. The manufacturer’s equipment warranty is the only warranty that will apply. The Company does not guarantee the equipment against defects, nor will it provide additional warranties or extensions of existing manufacturer’s warranties. You are responsible for any repair charges incurred as a result of a voided warranty or out-of-warranty product, EXCEPT FOR EQUIPMENT INCLUDED IN A WIFI BUNDLE SERVICE provided by the Company which will be replaced at no cost to you UNLESS failure of such equipment is caused by misuse, negligence, accident, theft, abuse, or repair or alternation by anyone other than the Company.
VII. Service Commitment
1. You have agreed to have the Company provide Internet service (via technologies including but not limited to cable modem, DSL, Fiber to the Premise, satellite, or 700 MHz fixed wireless) and WiFi Bundle services (if applicable) for a specified term as indicated at the time of service sign-up or upgrade.
2. If Internet Service or WiFi Bundle service is disconnected prior to the end of the contract term for any reason, you will be billed for the balance remaining on the contract, including equipment if applicable. Promotional offers may be subject to additional service commitments. The term begins on the date of activation.
3. At the end of the applicable contract period, service(s) will be provided on a month-to-month basis.
VIII. Rates, Charges and Payment
1. Rates and associated fees are subject to change with 30 days’ written notice, whether under contract or month-to-month.
2. You will receive bills monthly that are and payable upon receipt. Bills are delinquent if not paid within 30 days of receipt. You are required to pay Company for all charges associated with this service. Upon non-payment of any sum due to the Company for applicable monthly service plan and equipment, or upon violation of any of the conditions of this Agreement or the Company’s On-Line Policies, the Company may by notice in writing to you, either terminate the Agreement or temporarily disconnect your service(s). You will be responsible for all expenses (including reasonable attorney fees) incurred in collecting any unpaid amounts due.
3. The Company may also terminate service in the event of insolvency, receivership, voluntary or involuntary bankruptcy, assignment for the benefit of creditors, liquidation, dissolution, reorganization or other similar proceedings as initiated by or against you, the customer. The Company may refuse or disconnect service without notice in the event that network services are not available, your credit information is not accurate, or service is used in a manner that adversely affects Company’s service to others or is in violation of FCC Rules or Regulation. The Company reserves the right to require a deposit for continuation of service, if necessary.
IX. Content of Communications
1. The Service provides you access to information, communications, software, photos, video, graphics, music, sounds and other material and services location both on Company's computer services and on the Internet ("Content"). You agree that you must evaluate and bear the risks associated with the subject matter, accuracy, completeness or usefulness of any Content available to you on or through the Service.
2. You agree that the Company has the right, but not the obligation, to remove Content from the Company's computer services which the Company, in its sole discretion, determines to be in violation of this Agreement or the Company's Online Policies.
3. As a matter of policy, the Company does not pre-screen Content placed on the Company's computer servers by any of its subscribers. The Company does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on the Company's servers which may violate this Agreement or the Company's Online Policies. In addition, the Company cannot ensure the prompt editing or removal of any Content which may violate this Agreement or the Company's Online Policies after such Content has been posted on the Company's servers.
4. The Internet provides access to individuals who are not the Company's subscribers. The Company does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet.
5. Please be advised that, despite the Company's efforts, you may receive Content which you consider to be inaccurate, defamatory, or otherwise offensive. You agree that the Company will not be liable for any action or inaction with respect to any content posted on or through the Service and the Internet.
X. Copyright and Other Rights
1. The Service provides access to Content that is protected by copyrights, trademarks, intellectual property rights and other proprietary rights ("Rights") of independent third parties who make such Content available on or through the Service.
2. You agree that your use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licensor of the Rights in such content.
3. You agree not to post or transmit Content that is subject to another party's Rights, on or through the Service, without that party's express permission. Posting or transmitting Content without the right to so do (1) will result in termination of this Agreement; and (2) may result in civil or criminal liability.
4. You agree to upload to software files, message boards, or otherwise post or transmit on or through the Service, only such content that is not subject to any Rights, unless you have received express authorization to distribute such Content on or through the Service by the holder of such Rights.
5. You agree that by posting or transmitting content to any public area (e.g., social media sites, public chat rooms, message boards, software libraries) you automatically grant -- or warrant that the owner of such Content has expressly granted -- to the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, perform and display such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology not known or later developed for the full term of any Rights that may exist in such Content.
XI. Company Service Software
1. Your use of the service gives you limited rights to use the software through which you access the Service and the Internet ("Service Software"). The Company grants you a non-exclusive, non-transferable, revocable, limited sublicense to use the Service Software for connecting to the Service in accordance with this Agreement.
2. You agree that your use of the Service provides you access to proprietary features of the Company's Service and of software provided by the Company's licensor.
3. The Company and its software licensor have Rights in the Service, including but not limited to software, software documentation, the "look and feel" of the Service, Service names, subscriber interfaces and other features.
4. You agree not to copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any aspect of the Service that is owned by the Company or its licensor.
XII. NO WARRANTY
1. YOU AGREE THAT YOUR USE OF THE SERVICE, THE SERVICE SOFTWARE, AND THE INTERNET IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE SERVICE AND THE SERVICE SOFTWARE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
2. THE COMPANY DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO (1) LOSS OF DATA; (2) LOSS OF SOFTWARE OR HARDWARE; (3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS; (4) LOSS OF LIABILITY RESULTING FROM COMPUTER OR SOFTWARE VIRUSES; (5) LOSS OR LIABILITY RESULTING FROM DATA NON-DELIVERY OR DATA MIS-DELIVERY; (6) ANY OTHER LOSS OR LIABILITY RESULTING FROM THE NEGLIGENT ACTS AND/OR OMISSIONS OF THE COMPANY OR THE COMPANY'S SUBSCRIBERS; (7) LOSS OR LIABILITY RESULTING FROM ANY ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION, GOODS, OR SERVICES OBTAINED ON OR THROUGH THE SERVICE; AND (8) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD.
3. YOU AGREE THAT THE COMPANY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR USE OF THE SERVICE, YOUR USE OF THE SERVICE SOFTWARE, AND ANY BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT YOU PAID TO USE THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE COMPANY'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
1. YOU AGREE TO DEFEND, RELEASE, INDEMNIFY AND HOLD THE COMPANY, ITS AFFILIATED COMPANIES AND LICENSOR, HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING FROM BREACH OF THE AGREEMENT BY USE OF, OR IN CONNECTION WITH, THE POSTING OR TRANSMISSION OF ANY CONTENT BY OR THROUGH YOUR ACCOUNT ON THE SERVICE.
2. YOU AGREE THAT THE COMPANY HAS THE RIGHT, BUT NOT THE OBLIGATION, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU PURSUANT TO PARAGRAPH 1 OF THIS SECTION. IN SUCH EVENT, YOU SHALL HAVE NO FURTHER OBLIGATIONS PURSUANT TO PARAGRAPH 1 OF THIS SECTION.
1. You agree that the Company may terminate this Agreement for any reason at any time.
2. You agree that your only right with respect to any dissatisfaction with any (a) Agreement term, policy or practice of the Company in operating the Service; (b) Content available on or through the Service or change therein; or (c) amount or type of fees or billing methods, or change therein, is to terminate this Agreement as set forth in Paragraph 1 of this section.
3. You agree that the Company has the right, but not the obligation, to delete all program, data or other files on the Company's computer servers that are associated with your account at the time of termination.
4. Only the person whose name is on the account will be able to (a) change user ID and/or Password; or (b) cancel an existing account.
1. You agree that this Agreement and the Company's Online Policies comprise the entire understanding between the Company and you, and supersede any prior agreements between you and the Company with respect to the subject matter of this Agreement.
2. You agree that, if any portion of this Agreement or the Company's Online Policies is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect. The Agreement will be governed by the laws of the State of Montana, excluding its conflicts of law rules. You and the Company each submit to the exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of the State of Montana.
Please go to the Mid-Rivers Internet Online Policies page to submit your Service Agreement Acknowledgement electronically.
Last Updated: April 28, 2015