Roanoke Connect Holdings Internet Access Terms and Conditions

This Internet Access Terms of Service Agreement (“Agreement”) is between Roanoke Connect Holdings (hereinafter “RCH”), a North Carolina Limited Liability Corporation doing business at 518 NC Highway 561 West, Aulander, NC 27805, and the user of Services provided by RCH (hereinafter “Subscriber”), and together. Unless otherwise specified, this Agreement is the sole agreement between Subscriber and RCH and supersedes any other written or oral agreement. This Agreement is binding when any Subscriber initiates Service through RCH. Failure to comply with this Agreement may result in termination of internet access, telephone service, media services, or related services provided under this Agreement (“Service” or “Services”).

The Parties acknowledge and agree that the relationship between RCH and the Subscriber is governed by (a) this Agreement and (b) the Privacy Policy, (c) the Open Internet Statement, all of which are posted online at www.roanokeconnect.com, (d) the Subscriber Agreement, and (e) any additional Service agreements for telephone, media, or other Service, all of which are incorporated by reference as if contained in this Agreement.

1. Effective Date and Term.
   1. This Agreement is effective on the date of Subscriber’s acceptance of the Service and will continue for the minimum term, if agreed to by Subscriber and RCH, or month-to-month.
   2. Either party may terminate this Agreement or any Service in accordance with procedures established from time to time by RCH.
   3. Termination of this Agreement or any Service will not waive or release Subscriber’s obligation to pay for Services, fees, or charges accruing prior to the termination.
2. Eligibility.
   1. Subscriber represents that he or she is at least 18 years of age and has the right and ability to enter into and be bound by this Agreement.
   2. Subscriber agrees to provide RCH with accurate and complete contact information, including without limitation, legal name, physical street address, and telephone numbers. RCH may refuse, suspend, or cancel Service if any contact information is found to be inaccurate or unverifiable.
3. Service and Equipment.
   1. Services provided by RCH are for the sole use of Subscriber and not for resale. Subscriber is wholly responsible for any misuse of Services, even if the inappropriate activity was the fault of a friend, family member, guest, employee, or any other person with access to Customer’s Service.
   2. Internet access is offered only as a best effort Service and should not be used for applications where availability and bandwidth are critical, unless Subscriber has a a commercial agreement with RCH for Business Class Service
   3. Subscriber agrees RCH or a third party hardware supplier will at all times retain ownership of certain equipment required for the provision of internet and smart grid services, including without limitation, routers, subscriber modules, cabling, connectors, mounts, antennas, controls, and other components. Subscriber agrees to use reasonable best efforts to prevent damage to or loss of equipment. Subscriber assumes all risk of loss or damage to such equipment from any cause other than failure due to normal wear and tear. Upon termination of Service, Customer agrees to return provided equipment to RCH’s business office.
   4. At RCH’s discretion, it may choose to remove equipment from Subscriber’s location, and the Subscriber authorizes RCH to recover the equipment during reasonable hours. In the event Customer should refuse to return or allow RCH to recover equipment, or it is lost, altered, destroyed, damaged, or stolen, Customer will pay RCH the replacement cost of the equipment, plus any costs incurred by the RCH arising from the loss of or damage to the equipment.
4. Use of Services.
   1. Subscriber agrees that all use of RCH’s Services is for Subscriber’s own use.
   2. Subscriber is solely responsible for the provisioning, configuration, and maintenance of all Subscriber-owned equipment located on Subscriber’s premises.
5. Changes in Service.
   1. RCH may modify Service to reflect improvements, demands, and other changes to its network. Also, RCH reserves the right to discontinue or limit Service as required to satisfy obligations under the law, including when a change to or interpretation of the law has an adverse effect on the business, technical, or economic feasibility of RCH’s provision of Service.
6. Billing and Payment.
   1. Payments.
      1. Subscriber shall pay, in accordance with the provisions of the billing option selected by Subscriber, recurring, non-recurring, and other charges incurred by Subscriber at the rates in effect for the billing period in which those charges are incurred as well as all applicable assessments, surcharges, taxes, government fees, or FCC fees related to Subscriber’s use of the Service.
      2. All monthly subscription fees are due each month, regardless of how many hours the Service is used and the number of days in the month the Subscriber has an account with RCH. Usage-based fees will be billed in the calendar month subsequent to that in which they were incurred by Subscriber.
      3. Activation, installation, fulfillment, and any shipping and handling fees are non-refundable.
      4. Activation fees, registration fees, and monthly recurring fees are billed in advance at the beginning of each month for the upcoming month of Service.
      5. RCH reserves the right to limit Service access to any Subscriber if RCH is unable to process their credit-card payment, regardless of cause.
   2. Automatic Payments. If making automatic payments by credit card, electronic check, EFT, or services such as PayPal, Subscriber hereby authorizes RCH to charge all amounts owed to RCH to the account supplied by Subscriber. Subscriber assumes all responsibility for notifying RCH of changes in credit card numbers, account numbers, expiration dates, or otherwise. The amount of the payment charged will be whatever amount is necessary to reduce the account balance to zero.
7. Returned Checks, Declined Charges, and Credit Card Chargebacks. Returned checks (returned as insufficient funds, stopped payment, etc.), declined charges, and credit card chargebacks will result in a $25.00 Service fee.
8. Indemnity.
   1. Subscriber agrees to defend, indemnify, and hold RCH and its parent corporation, affiliates, directors, employees, and agents harmless from any and all liabilities, costs, and expenses, including reasonable attorney’s fees, resulting from use of Services under Subscriber’s account which damages Subscriber or another party. Indemnification may include, without limitation, fees to cover costs of ensuring unlawful or violative activity has ceased, answering complaints, removing RCH from any spam-block lists, and cooperating with authorities.
9. Warranties.
   1. SUBSCRIBER AGREES USE OF SERVICES AND EQUIPMENT IS AT THE SUBSCRIBER’S SOLE RISK. NEITHER RCH NOR ANY OF ITS PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES RCH OR ANY OF ITS PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF SERVICES. SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, UNINTERRUPTED OR ERROR-FREE SERVICES, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, OR OTHERWISE.
   2. NEITHER RCH NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, MONITORING, OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY. SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD-PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. SUBSCRIBER AGREES THAT IT WILL NOT IN ANY WAY HOLD RCH RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES.
   3. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF RCH FOR ANY CLAIM UNDER THIS AGREEMENT, IF ANY, INCLUDING FOR ANY EXPRESS OR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT SUBSCRIBER PAID RCH FOR THE SERVICE FOR THE SIX MONTHS PRECEDING THE EVENT OR EVENTS GIVING RISE TO THE CLAIM, WHETHER SUCH CLAIM OR REMEDY IS SOUGHT IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
   4. Unless otherwise specified on a given RCH rate plan or part of this Agreement, RCH does not provide any minimum throughput guarantee. Uninterrupted and error free Service is not guaranteed. Restoration of Business Class Service will take precedence over Residential Class Service during outages and upgrades.
   5. Subscriber acknowledges that Internet sites and use of Service might consist of, include, or provide access to images, sound, text, and other content that may be unsuitable for children and may be objectionable to adults. Subscriber acknowledges that RCH is not responsible for any such content or material and agrees that access to same through use of Service is at Subscriber’s sole risk.
   6. Subscriber acknowledges that the reliability, availability, and performance of resources accessed through the Internet are beyond RCH’s control and are not in any way warranted or supported by RCH. Subscriber acknowledges that safeguards relative to copyright, ownership, decency, obscenity, security, reliability, and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Subscriber acknowledges that RCH does not evaluate, endorse, or in any way vouch for the accuracy, completeness, truthfulness, security, or reliability of any Service, opinion, material, or information made available through the Service.
   7. RCH assumes no liability for damage to account files or loss of data due to RCH’s direct or indirect fault. RCH makes no guarantee and assumes no liability for the security of any data on any server including “secure servers.” The Subscriber acknowledges that there is no guaranteed privacy on the Internet and that RCH is not liable for any viewing or interception of the Subscriber’s email, news, or other information by outside parties.
   8. While RCH does not typically monitor the content of any of the Subscriber’s files or activity, RCH reserves the right to monitor and restrict, suspend, or terminate subscriber activity if the activity adversely impacts RCH’s Service, a subscriber’s Service or, solely in the discretion of RCH, appears to violate any policy, law, rule, or regulation.
10. Modification. RCH reserves the right to change this Agreement (including rates or any other terms and conditions of Service) upon reasonable written notice to Subscriber. The notice may be provided on a monthly bill, as a bill insert, by email, on RCH’s website, or by other communication or other form of notice permitted or required by applicable laws. If you elect not to cancel your Service and continue to use Service after the communicated effective date of any such changes, your continued use of Service will constitute acceptance of the modified Terms of Service.
11. Refusal of Service. Notwithstanding any other provision of these guidelines, RCH reserves the right to refuse Service to any one for any reason. If RCH, in its sole discretion, deems that any of the terms and conditions governing the relationship between the parties is being violated, RCH reserves the right to terminate the offending account immediately without notice or refund.
12. Governing Law. The laws of the State of North Carolina will apply to all matters relating to this Agreement without regard to conflict of law principles. In addition, Subscriber agrees and consents that if Subscriber ever takes legal action against RCH, the courts the state of North Carolina will have exclusive jurisdiction over any such legal actions. All actions filed with respect to this Agreement will be filed in Hertford County, North Carolina, and the parties to this Agreement consent to the personal jurisdiction of those courts.
13. Waiver. RCH’s failure to exercise or enforce any provision of or rights under this Agreement shall not constitute a waiver of any such provision or right.
14. Assignment. This Agreement may be assigned by RCH in its sole discretion and shall bind the parties and their respective successors and assigns; provided, however, Subscriber may not assign or transfer Subscriber’s rights or obligations under this Agreement without the express written consent of RCH.