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Terms & Conditions
TERM The initial Term begins on the day ARKVI installs and provides Services for Customer use (“the commencement date”). Services will be considered provided when any and/or all conditions below are met. ARKVI is able to ping any website on the internet from a computer attached to the installed router. ARKVI is able to ping the installed wireless equipment from the internet. The client is able to use the internet from a computer attached to the installed wireless equipment. The Term for Services ("Initial Term") will be 12 Months from the start date. and shall automatically renew for successive one (1) month Terms unless Customer or ARKVI notifies the other by thirty (30) days written notice that it does not wish to renew or this agreement is otherwise terminated by ARKVI or Customer hereunder.
ARKVI'S RESPONSIBILITIES ARKVI agrees to provide Customer a wireless connection to the Internet from an ISP Point with one of the following customer selected service levels:
Download is data from the internet to the customer. Upload is data from the customer to the internet.
ARKVI agrees to provide Customer with one (1) e-mail accounts for Basic Service. ARKVI agrees to provide Customer with five (5) e-mail accounts for Enhanced Service.
ARKVI will replace ARKVI installed and owned equipment for the duration of time the customer pays for the service. ARKVI will not replace ARKVI installed and owned equipment damaged by customer abuse unless the customer pays for the damaged equipment.
*Additional networking equipment (wireless routers, routers, network switches, network cards, etc.) purchased by the customer from ARKVI will be replaced without charge if a failure occurs within 14 days of purchase. After the 14 day period, the customer must pursue warranty issues through the original equipment manufacturer.*
ARKVI'S RIGHTS ARKVI reserves the right to refuse and/or terminate service for any reason. ARKVI is not responsible for lost profits or any damages (however arising, including negligence) coming out of or in connection with use of the Internet or ARKVI's service. While ARKVI's intent is to provide uninterrupted Internet service at all times, ARKVI is not promising and contracting to do so. ARKVI is not responsible for any damage to equipment or Customer property due to equipment installation, hail, lightening, tornados, acts of God, acts of War, etc.
CUSTOMER'S RESPONSIBILITIES Complying with Applicable Law(s)
Customer agrees to comply with all applicable federal and Colorado state laws, statutes, ordinances and regulations when using ARKVI's network. This includes, but is not limited to: No posting or transmitting to or from ARKVI's network any material that would violate any law (including threatening, defamatory, pornographic, obscene, or other material.) You are responsible for your own actions and ARKVI cannot be held responsible for your actions.
Arbitration
Any claim coming from this Agreement will be settled by arbitration with the commercial arbitration rules of the Arbitration Association. Your claim will be arbitrated on its individual basis and will not be joined with any other arbitration for any other claim with any other person. Payment Information 1) ARKVI Installed and Owned Equipment Installation Fees:
Customer agrees to pay ARKVI a one-time installation charge of $50.00. The Customer also agrees to pay for any additional equipment and hardware above and beyond the basic equipment that the Customer requests. These charges are for the installation of the equipment. ARKVI retains ownership of all equipment related to these charges. These charges are non-refundable except during the first 30 days of service.
2) Monthly Bandwidth Fees:
Upon Installation you are required to pay installation charges and the pro-rated monthly fee for your first month of service. After your first month, you will receive a bill at the beginning of each and every month for your monthly service fee and you agree to pay this bill by the 15th day of the same month.
Failure to Pay
If, for some unfortunate reason, you cannot pay your bill by the 30th day of the month, ARKVI reserves the right to disconnect your service, refuse further service, refuse equipment buy back for Customer owned equipment, or remove ARKVI owned equipment from the Customer premise until all past due amounts are paid in full.
Customer Use Policies
ARKVI and Customer agree to use the bandwidth in a manner that is considerate of all users. Customer agrees to not participate in any activity that results in excessive and /or improper use of the bandwidth provided by ARKVI. ARKVI will monitor and reserves the right to prevent excessive and/or improper use of bandwidth provided by ARKVI. ARKVI reserves the right to disconnect any connection generating excessive network traffic as a result of virus or worm infection. Customers agree to the following: No resale of bandwidth under any and all circumstances. No operating game and/or web servers without written/verbal permission of a ARKVI representative. Peer to Peer file sharing applications are considered operation of a server. No "hacking," "spamming," or "flaming." (If you don't know what these terms mean, don't worry about it. If you do, and you know who you are…., please resist the need to prove your computer knowledge while using our service. Thank you.) No introducing viruses, worms, or any and all other harmful codes. Customer will not engage in any activity that threatens and/or prohibits ARKVI's ability to provide equal service to every customer in an efficient way. Security
Customer is responsible for providing security on their own systems. ARKVI can recommend hardware and software firewalls to Customer if necessary.
CUSTOMER'S RIGHTS You have the right to discontinue service at any time after your contract end date with 30 days notice to ARKVI. You have the right to a full equipment/installation refund if you discontinue service and return all equipment within the first 30 days (does not include any monthly service fees for the days service was provided). You have the right to friendly, professional customer service at all times.
Cancellation Policy If you choose to cancel this agreement within the initial term; a cancellation fee of $175.00 will be assessed to the account as well as any applicable fees for non-returned equipment. If your account is terminated by ARKVI due to account non-payment a $175.00 account cancellation fee will be assessed to the final bill as well as any un-returned equipment. ARKVI will take action through a collection process to receive the amount owed.
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