Terms of Service and E911 Agreement
This customer agreement sets forth the terms and conditions under which Arbuckle Communications (aka Arbuckle Online, ArbucklePhone or Arbuckle Communications, LLC), will provide Wireless Internet Service and its Voice Over Internet Protocol Services (together with 911/E911 and other related VoIP services) to you at your home or business. If you do not accept these Terms and Conditions, please notify us immediately and we will cancel your service. Your activation of an account for Internet or VoIP Services and receipt of the Internet and/or VoIP services shall constitute your acceptance of this agreement, including the E911 agreement located after Section 19. below, and its Terms and Conditions will be legally binding upon you. Arbuckle Communications user agreement has been amended to include Google Terms of Service. The use of your email address provided by Arbuckle Online and the use of the associated services provided by Arbuckle Communications means that you accept these terms and conditions. Google Terms of Service can be viewed by visiting:
2. Arbuckle Online will provide you with access to Arbuckle Online Wireless Internet at your home or business. Arbuckle Online will provide one wireless outlet for a wireless connection to your computer, one cable between the wireless equipment and the antenna, one antenna and one antenna mount. ArbucklePhone VoIP will provide in addition to the above equipment an IAD/ATA (phone adapter with router). This equipment will remain the property of Arbuckle Communications, Inc.
3. No representation, warranty, term of condition other than as specifically set forth in this Agreement shall be binding on Arbuckle Online.
4. Arbuckle Online reserves the right to modify the terms of this Agreement, including the charges for installation and service, at any time and from time to time. Except as otherwise provided in this Agreement, any modification is effective immediately upon posting on Arbuckle Online’s web site, or notification to you by electronic mail or conventional mail, as provided in Section 11. Your continued use of Arbuckle Online Wireless Internet following modification to this Agreement, including the charges for installation and service, shall be deemed as acceptance of such modification.
5. The VoIP Services convert voice communications into Internet protocol (“IP”) for two-way calling, and provide a range of other related features and functionalities.
6. The VoIP Services are not traditional telephone services, and we provide them on an as-is basis. Important distinctions exist between traditional telephone services and the VoIP Services. Some but not all of these distinctions are outlined in this Agreement. The VoIP Services are subject to different regulatory treatment than traditional telephone services. This treatment may limit or otherwise affect your rights and remedies before regulatory agencies and courts.
2. General Subscriber Obligations.
1. You are signing this Agreement on behalf of yourself and any person who accesses Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP through your computer, under your User ID or password or through the wireless outlet in your home or business. You assume responsibility to ensure that all such other users understand this Agreement and comply with its terms.
2. Subscription to Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP is restricted to individuals of at least 18 years of age. By subscribing to Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP, you certify that you are at least 18 years old. Arbuckle Communications, Inc. may, in its sole discretion, accept corporations or other entities as members under other billing arrangements.
3. You agree to provide Arbuckle Communications with accurate, complete and current information, including your legal name, age, address, telephone number(s) and payment data (i.e., credit, debit or charge card numbers and expiration dates) upon subscribing to Wireless Internet and/or VoIP Services. You agree to promptly inform Arbuckle Communications if there is any change in the information you provided to Arbuckle Communications at the time of enrollment. Failure to provide accurate information constitutes a breach of this Agreement and may result in immediate termination of services to you by Arbuckle Communications.
4. Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP Services is provided to you at your current home or business. You may not transfer your subscription or your rights and obligations under this Agreement to any person other than yourself at a different location without prior approval from Arbuckle Communications.
3. Computer Equipment Requirement.
1. Certain minimum configuration standards are required for using Arbuckle Online Wireless Internet including, but not limited to, TCP/IP Networking, Microsoft Windows 98/NT/2000/XP and an Ethernet port, a USB port, or a PCI- or ISA-bus slot in your personal computer. You understand that Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP may not be operational without these minimum requirements and certify that your equipment or software, at a minimum, conforms to this set of technical configuration requirements.
2. Any customer equipment that you use in connection with the VoIP Services must meet the minimum configuration standards required for using Arbuckle Online Wireless Internet. You may not use the VoIP Services without an Arbucle Online broadband Internet connection.
3. Arbuckle Online will install a wireless outlet at your residence or business for the use of Arbuckle Online Wireless Internet. The use of this outlet shall be strictly limited to the purpose of accessing Arbuckle Online Wireless Internet. You may not relocate this outlet without the prior written approval of Arbuckle Communications.
4. Except for the wireless equipment, connecting cable, antenna, antenna mount, and/or IAD/ATA (phone adapter with router for VoIP services) you are responsible for providing, at your cost, all other equipment (e.g., personal computer, router) required for access to Arbuckle Online Wireless Internet.
5. If you install or use in connection with the VoIP Services customer equipment or an Internet connection that does not meet minimum configuration standards, you agree that you will not be entitled to customer support relating to any issues other than the quality of the signal delivered for Internet services; and the following limitation of liability shall apply: Arbuckle Communications makes no warranty that a non-recommended configuration will enable you to successfully install, access, operate, or use the VoIP services. None of the Arbuckle Communications parties shall have any liability whatsoever for any injuries or damages resulting there from, including injuries or damages resulting from failure of 911/E911, or dialing associated with a security system.
4. Payment Terms.
1. You agree to pay an installation fee, a monthly recurring charge and all charges for use of Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP Services under your account at the rates in effect during the billing period in which the charges were incurred. You agree to pay any local, state and/or federal taxes and fees imposed or levied on or with respect to your subscription to or use of Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP.
2. Arbuckle Communications reserves the right to change the amount of fees and charges from time to time at its discretion and upon 30 days notice to you in accordance with Section 1.4.
3. Installation fees are due at the time of installation.
4. Recurring charges are payable monthly and may be paid in advance. You understand your monthly payment is due the 1st calendar day of each month.
5. If your appropriate payment is not received by the 15th calendar day of the month, you will be charged and you agree to pay a $5.00 late fee.
6. If your appropriate payment is not received by the 30th calendar day of the month, your service will be disconnected. If you are disconnected or if you terminate your account, you understand that you are still responsible for any and all outstanding charges through your date of disconnection by Arbuckle Communications or through your date of termination.
7. If you discontinue service or are disconnected, you agree to pay a $15.00 reconnect charge before reconnection. You further agree to be charged and to pay any outstanding balance in the event of cancellation, disconnection or termination of your account.
8. You understand that Arbuckle Communications default method of monthly billing is via email, and that you are fully responsible for your monthly payments regardless whether you receive and/or read your email or not.
9. You understand that you are responsible for notifying Arbuckle Communications in writing if and when you choose to terminate your account.
10. Unless authorized arrangements are made, failure to pay the full amount of your account balance within 30 days of billing will result in a late fee and/or cause disconnection of your service, at Arbuckle Communications discretion.
11. Arbuckle Online will charge and you agree to pay a $25.00 service charge for all returned checks and bankcard or charge card charge backs.
12. You will be responsible for all expenses (including reasonable attorney’s fees) incurred by Arbuckle Communications in collecting any unpaid amounts you owe for Arbuckle Online and/or ArbucklePhone VoIP Services.
5. Charges for Online Services/Internet Transactions
1. Through use of Arbuckle Online Wireless Internet, you may access information, products, and services from persons other than Arbuckle Online for which there is a charge, including certain online services such as America Online. YOU AGREE THAT ALL SUCH FEES OR CHARGES FOR ONLINE SERVICES, PRODUCTS OR INFORMATION ARE YOUR SOLE RESPONSIBILITY AND NOT THE RESPONSIBILITY OF ARBUCKLE ONLINE.
2. YOU ALSO AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR PROTECTING THE SECURITY OF YOUR CREDIT CARD INFORMATION FROM UNWANTED OR UNAUTHORIZED CHARGES FOR INTERNET-BASED TRANSACTIONS.
6. Service and Performance.
1. Arbuckle Communicaitons, Inc. will make reasonable efforts to assure that Arbuckle Online Wireless Internet will be available to you 24 hours per day seven (7) days per week. It is possible, however, that there will be interruptions of service and users will contend for bandwidth. As a result, depending on intensity of customer use of Arbuckle Online Wireless Internet, and Internet use generally, the bandwidth available to you and the speed of service may not always be at optimum levels. You are responsible for management of your data stored on or transmitted over the Arbuckle Online Wireless Internet. Such management includes, but is not limited to, backup and restoration of data, erasing data from disk space you control, and your selection and use of security features. None of Arbuckle Online, its agents and its subcontractors shall have any obligation to develop and maintain management and security procedures (such as application logon security and encryption of data) to protect your information. Solely for the purposes of maintaining the Arbuckle Online Wireless Internet, Arbuckle Communications, Inc., its agents and its subcontractors may need to view and work with portions of the data you transmit using the Arbuckle Online Wireless Internet (such as address header information). You agree that Arbuckle Online, its agents and its subcontractors may use, copy, display, store, transmit, translate, rearrange or reformat, view and distribute your data domestically and internationally for such purposes. Except for purposes of operating and maintaining the Arbuckle Online Wireless Internet, Arbuckle Online, its agents and its subcontractors shall not reverse assemble, reverse compile, or disclose to third parties the information that you transmit while using Arbuckle Online Wireless Internet (unless required by law, court order, an authorized government entity, or as otherwise authorized by you). You agree that access to ideas, concepts, know-how, and techniques contained in data viewed or worked with during the maintenance and operation of Arbuckle Online Wireless Internet and retained in the memories of employees of Arbuckle Online or its agents or its subcontractors will not prohibit or prevent Arbuckle Online or its agents or its subcontractors from developing or marketing any service or product. Arbuckle Online Wireless Internet is generally available 24 hours a day, seven (7) days a week, provided however, that Arbuckle Online, its agents and its subcontractors reserve the right to schedule reasonable hours for maintenance or Arbuckle Online Wireless Internet changes at their discretion.
2. If your use or modification of the software, hardware or equipment supplied by Arbuckle Online requires a visit to your home or business for repair or correction, Arbuckle Online reserves the right to charge you for the equipment and labor required to correct the situation. Arbuckle Online does not undertake to correct or repair software, hardware or equipment that it does not supply.
3. You will not at any time and under any circumstances hold liable Arbuckle Online to any damages that occur to your hardware or software. In no event will Arbuckle Online, its owners or employees, be liable to you for any direct, consequential, incidental, or indirect damages such as business interruption, loss of business information, loss of business profit or other losses arising from the use of Arbuckle Online Wireless Internet and/or Arbuckle Online Email services. You understand that Arbuckle Communications, Inc. is in no way and at no time responsible for your software and/or hardware settings. FOR THESE AND OTHER REASONS, ARBUCKLE ONLINE RECOMMENDS THAT YOU BACKUP ALL FILES PRIOR TO INSTALLATION.
4. You understand that Arbuckle Online charges above and beyond the regular setup fee for troubleshooting and diagnosing problems with your hardware and/or software.
5. You understand that Arbuckle Online is in no way and at no time responsible for any expenses you incur in obtaining and/or maintaining a Arbuckle Online Wireless Internet account.
1. In order to install the wireless equipment, it may be necessary to open the user’s computer. In addition, when software is installed on the Computer, certain start-up and configuration files may be modified. Arbuckle Communications does not warrant that the opening of the Computer or the installation of software will not disrupt the normal operations of the Computer or cause the loss of files. You will not at any time and under any circumstances hold liable Arbuckle Communications to any damages that occur to your hardware or software. In no event will Arbuckle Communications, its owners or employees, be liable to you for any direct, consequential, incidental, or indirect damages such as business interruption, loss of business information, loss of business profit or other losses arising from the use of Arbuckle Online Wireless Internet, and/or Arbuckle Online Email, and/or ArbucklePhone VoIP Services. You understand that Arbuckle Communications is in no way and at no time responsible for your software and/or hardware settings. FOR THESE AND OTHER REASONS, ARBUCKLE COMMUNICATIONS, INC. RECOMMENDS THAT YOU BACKUP ALL FILES PRIOR TO INSTALLATION.
2. You understand that Arbuckle Communications is in no way and at no time responsible for any expenses you incur in obtaining and/or maintaining a Arbuckle Online Wireless Internet account and/or a ArbucklePhone VoIP account.
8. Ownership and Use of Equipment and Software.
1. The wireless equipment, radio modules, cables, IAD/ATA (phone adapter with router), antennas, transmitters, receivers, antenna mounts, amplifiers, boosters, and/or all other equipment supplied and installed by Arbuckle Communications under this Agreement shall remain the property of Arbuckle Communications at all times. You will use reasonable care to avoid damaging all said equipment, and will not move, relocate, alter, sell, lease, assign, encumber or otherwise tamper with the wireless and/or VoIP equipment, its connecting cables and all other equipment supplied by Arbuckle Communications. If you terminate your services, the wireless and/or VoIP equipment, its connecting cables and all other equipment supplied by Arbuckle Communications must be returned immediately to Arbuckle Communications in good condition. If you fail to comply with the return of all Arbuckle Communications property, you will be charged and you agree to pay $500.00 for the replacement of said property.
9. Customer Use.
1. Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP is for your personal use and is to be used only by you, your employees, and members of your immediate family living with you or working for you at the same address using the wireless equipment and other equipment provided and configured by Arbuckle Communications (“Authorized Users”). You are personally responsible for all use of Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP under your account. You agree not to resell, redistribute, network, assign, transfer or sublicense your access to Arbuckle Online Wireless Internet or VoIP or the service in any manner. The prohibition above includes, but is not limited to the provision of email, File Transfer Protocol (“FTP”) and Telnet access. You also agree not to use Arbuckle Online Wireless Internet to operate as an Internet Service Provider (“ISP”) or to operate any other business enterprise in competition with Arbuckle Online Wireless Internet or any Arbuckle Communications companies or affiliated companies. You agree that your violation of this section shall authorize Arbuckle Communications, in its sole discretion, to immediately disconnect service and terminate this Agreement without notice. Due to the difficulty in quantifying damages to Arbuckle Communications for a violation of this Subsection 9.1, you agree to pay liquidated damages to Arbuckle Communications in the amount of $500 (five hundred dollars) per day for each day that you are in violation of this Subsection 9.1. These remedies shall be in addition to all others available to Arbuckle Communications in law and equity.
2. You may, at your discretion, permit an Authorized User less than 18 years of age to use Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP and you acknowledge that you are responsible to provide adult supervision. You acknowledge further that Arbuckle Communications provides full access to the Internet without restriction. Arbuckle Online Wireless Internet is not intended to be used to enable persons less than 18 years of age to obtain material that is prohibited by law to be sent or displayed, including material deemed to be indecent or obscene.
3. You understand a personal account cannot be used to conduct business e-commerce (selling) over the Internet while a business account can.
4. Arbuckle Communications will provide you with a Internet Protocol (“IP”) address as a component of this service. You agree not to alter, modify, or tamper with the IP address or those of any person subscribing to Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP services. Arbuckle Communications will take back the IP address upon disconnection, discontinuance or termination of service. A static IP address can be obtained as an additional monthly service upon request. This IP is only assigned to you, but can change in order to enhance our network and make upgrades. Arbuckle Communications reserves the right to change your static IP for any reason at any time without notice. Arbuckle Communications will not be responsible for any network charges to the customer from an outside company due to this change in static IP.
5. You agree not to alter, modify, or tamper with the wireless equipment, connecting cable, IAD/ATA, antenna, antenna mount or other equipment provided by Arbuckle Communications, or the configuration of such equipment as set by Arbuckle Communications.
6. Any conduct by you that, in Arbuckle Communications sole discretion, inhibits or restricts any other customer, person or entity from using or enjoying Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP shall entitle Arbuckle Communications to immediately disconnect you from Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP and terminate this Agreement without notice. You agree to use Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP services only for lawful purposes. You may not use, or allow others to use, your Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP account, either directly or indirectly, to:
a.) post, transmit, promote, or facilitate in the distribution of any unlawful or, illegal or pornographic material, including but not limited to, material that would constitute or encourage copyright or trademark infringement, a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
b.) post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk email), promotional materials or other forms of solicitation to other individuals or entities;
c.) unlawfully access other computers or services, or to cause a disruption of service to other online users;
d.) engage in unethical practices and/or services, or deal with products that are considered by Arbuckle Communications to be in “poor taste,” and/or deal with anything otherwise offensive to the general public;
e.) cause disruption to Arbuckle Communications backbone network, WAN, nodes, or services.
LIMITATION OF LIABILITY: NO WARRANTIES.
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY, MADE ON BEHALF OF ARBUCKLE COMMUNICATIONS AND ALL ITS AFFILIATES.
Damage to Your Computer
Arbuckle Communications assumes no responsibility whatsoever for any damage to or loss or destruction of the Computer, regardless of the source or proximate cause of such loss or destruction.
Damage, Loss or Destruction of Software Files and/or Data
Arbuckle Communications assumes no responsibility whatsoever for any damage to or loss or destruction of any of your software, files, data, or peripherals which may result from your use of Arbuckle Online Wireless Internet, or from the installation, maintenance, or removal of the service, equipment or software. Arbuckle Communications, Inc. does not warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time. You will not at any time and under any circumstances hold liable Arbuckle Communications to any damages that occur to your hardware or software. In no event will Arbuckle Communications, its owners or employees, be liable to you for any direct, consequential, incidental, or indirect damages such as business interruption, loss of business information, loss of business profit or other losses arising from the use of Arbuckle Online Wireless Internet, and/or Arbuckle Online Email, and/or ArbucklePhone VoIP services. You understand that Arbuckle Communications is in no way and at no time responsible for your software and/or hardware settings. FOR THESE AND OTHER REASONS, ARBUCKLE ONLINE RECOMMENDS THAT YOU BACKUP ALL FILES PRIOR TO INSTALLATION.
NO WARRANTY / LMITATION OF LIABILITY
YOU EXPRESSLY AGREE AS FOLLOWS: USE OF THE ARBUCKLE ONLINE WIRELESS INTERNET, SOFTWARE AND EQUIPMENT SUPPLIED BY ARBUCKLE ONLINE OR ITS AGENTS, EMPLOYEES OR CONTRACTORS (HEREINAFTER COLLECTIVELY REFERRED TO AS “ARBUCKLE ONLINE”), AND ARBUCKLE ONLINE EMAIL SERVICES IS AT YOUR SOLE RISK. NONE OF ARBUCKLE COMMUNICATIONS, INC., ITS AGENTS AND ITS SUBCONTRACTORS SHALL BE RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER THE ARBUCKLE ONLINE WIRELESS INTERNET, INTEREXCHANGE CARRIERS, LOCAL EXCHANGE CARRIERS, OR OTHER PROVIDERS’ FACILITIES. NONE OF ARBUCKLE COMMUNICATIONS, ITS AGENTS AND ITS SUBCONTRACTORS GUARANTEE THAT ANY OF THEIR PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. THE ARBUCKLE ONLINE WIRELESS INTERNET, ARBUCKLE ONLINE EMAIL SERVICES, ARBUCKLEPHONE VOIP SERVICES AND EQUIPMENT AND SOFTWARE SUPPLIED BY ARBUCKLE COMMUNICATIONS ARE 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. ARBUCKLE COMMUNICATIONS ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE ARBUCKLE ONLINE WIRELESS INTERNET, ARBUCKLE ONLINE EMAIL, ARBUCKLEPHONE VOIP SERVICES AND SOFTWARE AND EQUIPMENT SHALL BE THE REPLACEMENT OF ANY ARBUCKLE COMMUNICATIONS- PROVIDED DISKETTE AND/OR CD OR ARBUCKLE COMMUNICATIONS- SUPPLIED EQUIPMENT FOUND TO BE DEFECTIVE. IN NO EVENT SHALL ARBUCKLE COMMUNICATIONS LIABLITY TO YOU FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO ACCESS AND USE THE ARBUCKLE ONLINE WIRELESS INTERNET AND/OR ARBUCKLEPHONE VOIP WITHIN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. IN NO EVENT SHALL ARBUCKLE COMMUNICATIONS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY MANNER OUT OF THE INSTALLATION, OPERATION, MAINTENANCE, FAILURE, REMOVAL, TERMINATION OR USE OF THE ARBUCKLE ONLINE WIRELESS INTERNET, ARBUCKLE ONLINE EMAIL, AND/OR ARBUCKLEPHONE VOIP SERVICES, SOFTWARE OR EQUIPMENT.
No liability for Unauthorized Access.
Arbuckle Communications does not warrant that any data or files sent or received by you using Arbuckle Online Wireless Internet over its wireless network, or communications directed to or received from outside of the network, will not be subject to unauthorized access by others or that other users will not gain access to your Computer. Arbuckle Communications has no responsibility and assumes no liability for such acts or occurrences. If you choose to run applications from your Computer that permits others to gain access to it, you must take appropriate security measures. Failure to do so may cause immediate termination of your service by Arbuckle Communications. Arbuckle Communications is not responsible for and assumes no liability for any damages resulting from others accessing your computer. Arbuckle Communications recommends the use of a reputable firewall solution if and when appropriate.
No Liability For Viruses
Arbuckle Communications makes no representation or warranty that any software installed on the computer, including software installed by Arbuckle Communications, its agents, employees and contractors, or which you may download from the Internet, online service provider, or other information provider does not contain any virus or other damaging or destructive attribute. Arbuckle Communications has no responsibility and assumes no liability for such acts or occurrences. Arbuckle Communications recommends the ongoing use of a reputable, dynamically updated antivirus solution at all times!
No Liability for Content
While Arbuckle Communications supplies access to the Internet by wireless networking, it is not the publisher of any information provided by others through the Internet. Arbuckle Communications does not review, censor, or monitor and is not in any manner responsible for any programs or content sent or accessed over the Internet or made available by any individual, user, information provider, online service or content provider. Such content or programs may include, without limitation programs or content of an infringing, abusive, profane or sexually offensive nature. All content from other parties accessed via Arbuckle Online Wireless Internet is accessed by you and those you have authorized, all at your own risk, and Arbuckle Communications assumes no liability whatsoever for any claims, losses, action, damages, suits or proceedings arising out of or otherwise related to such content accessed using any Arbuckle Communications services. Arbuckle Communications recommends the use of a quality filtering software solution if and when appropriate. Arbuckle Communications offers an optional quality filtering solution if the user so desires.
No Liability for Physical Health Problems
Arbuckle Communications is in no way responsible for physical health problems (pre-existing, developing, and/or potential) due to the installation and/or operation of any wireless and/or wireless-related equipment.
You agree to indemnify, defend and hold harmless Arbuckle Communications (aka Arbuckle Online, ArbucklePhone or Arbuckle Communications, LLC), its affiliated companies, owners, partners, licensors, employees and agents from and against all losses, expenses, damages, liabilities, and costs, including reasonable attorney’s fees, arising out of any violation of this Agreement, the selection or use of your ID, or any activity related to your account by you or any other person accessing Arbuckle Online Wireless Internet using your account.
1. Arbuckle Communications may terminate Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP services, this Agreement, the license provided herein, and your right to use Arbuckle Online Wireless Internet and/or ArbucklePhone VoIP services, at any time for any reason without notice by Arbuckle Communications to you. In addition, you may terminate this Agreement at any time upon the return of the wireless equipment, connecting cable, antenna, antenna mount and all other related equipment to Arbuckle Communications. Your bill will be prorated for any prepaid service and will offset any outstanding amounts owed to Arbuckle Communications.
2. After installation as provided in Section 1 of this Agreement, Arbuckle Communications shall not have any obligation to restore or reconfigure your computer, whether after the termination of Arbuckle Online Wireless Internet or this Agreement or otherwise.
3. The provisions of Sections 4 (Payment Terms), 8 (Limitation of Liability: No Warranties) and 9 (Indemnification) shall survive any termination of this Agreement.
Arbuckle Communications may deliver notice to you by means of electronic mail on the Arbuckle Online Wireless Internet, a general notice on Arbuckle Communications web site or by written communication delivered by first class United States mail to your address on record in Arbuckle Communications account information.
This Agreement, including future modifications by Arbuckle Communications in accordance with Section 1.4 of this Agreement, constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, oral or written, relating thereto.
Arbuckle Online’s performance hereunder is subject to interruption and delay due to causes beyond its reasonable control including, without limitation, intensity of customer use of the Arbuckle Online Wireless Internet and intensity of Internet use generally, customer directed activities, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain the necessary supplies and the like. Arbuckle Communications is not responsible for and not liable for accidents, misuse, abuse, misapplication, unauthorized maintenance or modification, unauthorized attachments or alterations, electrical malfunction (including improper electrical grounding or no grounding), lack of proper surge/power protection, failure of surge/power protection, and lightening and other acts of God, etc.
If one or more of the provisions in this Agreement are found to be unenforceable or invalid, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Failure of Arbuckle Communications to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
This Agreement shall be governed by and construed under the laws of the state of Oklahoma, without regard to the choice of law provisions thereof. The courts of the state of Oklahoma in Carter County and the Federal Courts sitting in the State of Oklahoma shall have exclusive jurisdiction to hear and decide all controversies that may arise under or concerning this Agreement.
Customer Information and Privacy.
Your privacy interests, including your ability to limit disclosure of certain information to third parties, are safeguarded by the subscriber privacy provisions of the 1974 Privacy Act, as amended.
For Arbuckle Communications VoIP customers, Arbuckle Communications is subject to an FCC requirement to provide notification of any E911 limitations that may be associated with the service provided to your home or business. As is the case with E911 service provided by a traditional telephone service provider, you are advised that the E911 service provided by Arbuckle Communications may have certain limitations. CAREFULLY READ THE INFORMATION BELOW. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS ON 911/E911. YOU AGREE TO EXPLAIN THESE LIMITATIONS TO ALL PERSONS WHO MAY HAVE OCCASION TO PLACE CALLS OVER THE VOIP SERVICES. IF YOU HAVE ANY QUESTIONS ABOUT 911/E911, CALL ARBUCKLE COMMUNICATIONS AT 580-226-1234.
Correct address necessary. May not transmit the correct physical address for the E911 call due to incorrect information provided by you, use of a non-native telephone number or delays in loading or updating automatic number identification and location information into the E911 databases. In order for your 911/E911 calls to be properly directed to emergency services, Arbuckle Communications must have your correct service address.
If you move the VoIP services to a different address without approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the wrong address, or the VoIP Services and 911/E911 services may totally fail to function. 911/E911 will not function at a remote address unless new E911 address is confirmed by user during login.
Delays in updating location information in emergency database. Arbuckle Communications, Inc. will need several business days to update your service address in the emergency database so that your 911/E911 calls can be properly directed. In the meantime, 911/E911 calls may be directed to your former address. All changes in service address require prior approval from Arbuckle Communications.
Electric outages. Arbuckle Communications VoIP Services use the electrical power in your home. If there is an electrical power outage, 911/E911 calling will not function without the electrical power necessary to route E911 calls to the appropriate emergency call center.
Broadband outages. 911/E911 will not function if the broadband connection is not operational. All calls, including calls to 911/E911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, another technical problem, or by other factors or force majeure events, such as the quality of the broadband connection.
Network congestion; reduced speed for routing or answering 911 calls. There may be a greater possibility of network congestion and reduced speed in the routing of a 911 call made with the VoIP Services as compared to traditional telephone services.
Technical limitations. 911/E911 will not function if the telephone equipment or other equipment necessary to place calls is not correctly configured. 911/E911 calls may not be capable of being received and /or processed by an emergency call center due to the center’s technical limitations.
Arbuckle Communications will provide you with warning stickers summarizing the above limitations. It is your responsibility to place the warning stickers on each phone that you use with the VoIP Services. If you do not receive the warning stickers at the time of installation, or you requitre additional warning stickers, please contact our office at 580-226-1234.
LIMITATION ON LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT THE ALL PARTIES OF ARBUCKLE COMMUNICATIONS WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911/E911 USING THE VOIP SERVICES, AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PARTIES OF ARBUCKLE COMMUNICATIONS, INC. FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF YOU OR ANY THIRD PARTY OR USER OF THE SERVICES RELATING TO THE FAILURE OR OUTAGE OF THE VOIP SERVICES, INCLUDING THOSE RELATED TO 911/E911 SERVICES PROVIDED TO YOU IN CONNECTION WITH THE VOIP SERVICES.
Your activation of an account and receipt of the VoIP Services shall constitute your acceptance of this agreement and its terms and conditions will be legally binding upon you.