Master Service Agreement

Professional Value Internet Services, LLC. Master Services Agreement

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE CUSTOMER UNDERSTANDS EACH PROVISION. YOUR ACTIVATION AND USE OF THE SERVICE CONSTITUTES YOUR CONSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL DOCUMENTS INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE.

This Master Services Agreement (“Service Agreement”), consisting of these terms and conditions and all other documents referenced herein by and between Professional Value Internet Services, LLC. (“ProValue.Net,” “we,” “us,” and “our”), and the individual or entity named on the Installation Agreement (“Customer,” “you,” or “your”), sets forth the terms and conditions under which ProValue.Net will make available its Internet Access Service, Voice Over Internet Protocol (“VoIP”) services and related services and components (collectively the “Service” or “Services”). This Service Agreement governs both residential and commercial Customers.

By using the Service, Customer agrees to be bound by the terms of this Service Agreement and all documents incorporated by reference herein, including without limitation ProValue.Net’s Privacy Policy, Open Internet Policy, DMCA Copyright Infringement Notification Policy, Installation Agreement and Additional Terms (terms and conditions that will govern a new service offering) as each may be amended from time to time. If there is a conflict between this Service Agreement and any Additional Terms, the Additional Terms shall govern.

ProValue.Net regularly updates and amends this Service Agreement, the Privacy Policy, the Open Internet Policy, DMCA Copyright Infringement Notification Policy, and other documents incorporated by reference in this Service Agreement. ProValue.Net reserves the right to modify this and any Policy at any time by posting the changes online. Your non-termination or continued use of the Service after changes are posted will serve as your acceptance of this agreement as modified by the posted changes.

Customer may obtain, at no charge, a copy of the current Service Agreement or any documents incorporated by reference herein by visiting ProValue.Net’s website or by contacting ProValue.Net.


  1. GENERAL OVERVIEW / DESCRIPTION OF SERVICES.

    This Service Agreement governs the following components and Services defined under ProValue.Net’s Service Agreement. Customer may select from a menu of standard residential or commercial service(s) based on Customer’s needs. Details about the following can be found on ProValue.Net’s website, unless noted otherwise: https://provalue.net/services/.
    1. Fixed Wireless Internet;
    2. Fiber-Optic Internet;
    3. Voice-Over Internet Protocol (“VoIP”);
    4. Pro Wi-Fi;
    5. Customer technical/repair support, including support technician;
    6. Professional Installation - Cable, Fiber, and Other network related equipment.


    ProValue.Net's Service, as applicable, is a single IP Service intended for use by a single user or household. Customer’s subscription entitles Customer to use the Service as defined in the Package or Rate Customer has selected as set forth in the Customer’s signup form (“Installation Agreement”). Customer agrees to contact ProValue.Net upon the occurrence of any change in the status of Customer’s account (e.g., change in persons authorized to use Customer’s account) for the purpose of updating Customer’s account information.

    ProValue.Net's Service, as applicable, is a single IP Service intended for use by a single user or household. You shall not use the Service in a manner that is inconsistent with its intended use. ProValue.Net will make reasonable efforts to provide full internet speeds up to what is defined in Customer’s selected rate or package. Speed of service is not guaranteed and not all speed rates are available at all locations.

  2. 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.

    1. 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.

      1. For residential Customers, Customer represents and warrants that the Service and the ProValue.Net 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.
      2. For commercial Customers, Customer represents and warrants that the Service and the ProValue.Net Equipment shall be used only by Customer and by authorized members of Customer’s business located 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.

    2. 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 ProValue.Net’s Equipment.

    3. Customer represents and warrants that Customer will not use the Service in a manner that

      1. infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third-party;
      2. violates any local, state or federal statute, ordinance or regulation, or this MSA;
      3. is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
      4. impersonates any person or entity, including without limitation any officer, employee, agent, representative or Operational Service Provider of ProValue.Net; or
      5. transmits any virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program.

    4. Customer represents and warrants that the personally identifiable information (“Personal Information”) Customer provided and will provide to ProValue.Net during the term of this Service Agreement, including without limitation Customer’s legal name, email address for communications with ProValue.Net (such email address, as the same may be modified from time to time by Customer upon notice to ProValue.Net the “Account Email Address”), Service address, billing address, telephone number(s), and payment data (including without limitation information provided when authorizing Automated Clearing House (“ACH”) 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 purpose of this Service Agreement is accurate, complete and current.

    5. Customer represents and warrants that there are no legal, contractual or similar restrictions on the installation of the ProValue.Net 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 ProValue.Net Equipment and Service, for paying any fees or other charges and obtaining any permits or authorizations necessary for the installation of the ProValue.Net 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.

    6. 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 ProValue.Net’s servers not provided by ProValue.Net.

  3. EQUIPMENT AND REQUIREMENTS FOR PROVISION OF THE SERVICE.

    Specific terms and conditions that govern a Customer’s use of their own equipment or ProValue.Net’s Equipment are set forth in the Installation Agreement. For Internet Access Service Customers:

    1. Customer Equipment. To use the Service, Customer must have a personal computer or other device compatible with ProValue.Net’s equipment. Please contact ProValue.Net’s technical support team if unsure of compatibility. The Minimum Customer Equipment Specifications may change, and ProValue.Net may make reasonable efforts to support previously acceptable configurations; however, ProValue.Net is not obligated to continue to provide such support. Although ProValue.Net is under no obligation to do so, ProValue.Net may, and Customer authorizes ProValue.Net to, perform any updates and/or changes to Customer’s equipment, on-site or remotely, from time to time as ProValue.Net deems necessary, in ProValue.Net’s sole discretion. Customer will direct any questions concerning third-party hardware or software to the manufacturer. ProValue.Net has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that Customer elect 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 ProValue.Net Equipment (as defined below). Customer understands that failure to comply with this restriction may cause damage to the ProValue.Net 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 ProValue.Net 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 ProValue.Net.

    2. ProValue.Net Equipment. Customer acknowledges that at the time of installation of the Service, the equipment owned and operated by ProValue.Net listed on the Installation Agreement, (the “ProValue.Net Equipment”) was installed at a location and in a manner authorized by Customer. Customer further acknowledges that the ProValue.Net Equipment may, at ProValue.Net’s sole discretion, be refurbished or otherwise used equipment. The ProValue.Net Equipment is and shall remain the property of ProValue.Net, and will be provided to the Customer under the terms set forth in the Installation Agreement. At such time as Customer or ProValue.Net terminate the Service, Customer will return the ProValue.Net Equipment to ProValue.Net within thirty (30) calendar days, and in accordance with ProValue.Net’s then-current return procedures. If customer is unable or unwilling to return the equipment themselves, ProValue.Net will offer an Equipment Pick-up Fee of $50-$125 to retrieve any ProValue.Net equipment from customer premise. In the event that Customer has not returned the ProValue.Net Equipment as set forth in the previous statements, or in the event that the ProValue.Net Equipment is damaged or otherwise inoperable, the damages ProValue.Net will incur is difficult to ascertain. Therefore, Customer will pay each applicable “Equipment Non-Return Fee” and/or ProValue.Net’s replacement cost(s) and any incidental cost(s) incurred by ProValue.Net, not to exceed the maximum amount permitted by law.

    3. 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. ProValue.Net 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 ProValue.Net.

      1. For VoIP Customers requesting that ProValue.Net 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 ProValue.Net 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).

      2. The Customer gives ProValue.Net 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 ProValue.Net VoIP Service.

      3. The Customer also agrees to indemnify ProValue.Net, 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.

    4. Customer’s Obligation to Maintain Power to ProValue.Net Equipment. Customer understands and agrees that: (i) Customer must provide electrical power and a continuous connection to the power grid to ProValue.Net 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 ProValue.Net Equipment or to Customer’s computer, equipment, property or premises, for which damage Customer will be solely responsible.

    5. Customer understands, acknowledges and agrees that prior to ProValue.Net servicing any ProValue.Net 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 ProValue.Net 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 ProValue.Net’s behalf, to help serve Customers better, or to perform internal functions that support ProValue.Net’s Service and operations.


  4. ACCESS TO CUSTOMER’S PREMISES.

    Customer hereby grants ProValue.Net, and each of their respective employees, contractors, representatives, agents, and Operational Service Providers the right to enter Customer’s property (the “Premises”) and premises at any time for the purpose of operating or maintaining the ProValue.Net Equipment or the ProValue.Net Networks, retrieving ProValue.Net Equipment or fulfilling its obligations or exercising its rights under this Agreement. ProValue.Net shall provide Customer with reasonable advance notice of any such planned access, except when, in the reasonable opinion of ProValue.Net, an emergency or other exigent circumstance exists that would require ProValue.Net to immediately enter Customer’s property and premises.

  5. THE SERVICE AND PRIVACY.

    ProValue.Net has established a Privacy Policy (“Privacy Policy”), which governs ProValue.Net’s collection, use, disclosure, management and security related to Customer’s personally identifiable information (“Personal Information”) and Customer’s Proprietary Network Information (“CPNI”). CPNI is any information that is related to ProValue.Net’s VoIP Service. CPNI is any information that relates to the quantity, technical configuration, type, destination, location, and amount of use of our VoIP Service, telephone numbers called and received, such as call details, logs, and specifics regarding your VoIP Service account.

    1. Your subscription entitles you to use the Service as defined in the Package or Rate you have selected. You agree not to assign, transfer, or resell your rights as a subscriber unless specifically allowed by this Agreement. You agree that you are solely responsible and liable for any and all breaches of the terms and conditions of this Agreement, whether such breach results from your use of the Service or by another using your computer or network. You agree to contact ProValue.Net upon the occurrence of any change in the status of your account (e.g., change in persons authorized to use your account) for the purpose of updating your account information.

    2. Customer agrees that Customer received a copy of the then-in-effect Privacy Policy at the time Customer executed this Service Agreement. ProValue.Net may update or amend the Privacy Policy at any time without Customer’s prior consent, unless such consent is required by law. ProValue.Net will, however, provide notice of any such changes or amendments as stated in ProValue.Net’s Privacy Policy. Customer understands, acknowledges and agrees that Customer’s continued use of the Service after notice of any changes or amendments have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law. All such updates or amendments shall be deemed to be incorporated by reference into this Service Agreement.

    3. ProValue.Net does not routinely monitor a Customer’s activity for violation of this Service Agreement and ProValue.Net 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 ProValue.Net has the right to monitor the Service, any and all information or Customer Material transmitted through the Service or by use of the ProValue.Net Equipment, and information available to ProValue.Net regarding Customer’s computer and other equipment in accordance with this Service Agreement. ProValue.Net has the right at all times and without notice to remove, restrict access to or make unavailable any information or content residing on ProValue.Net’s, its Affiliates’ or Operational Service Providers’ servers. ProValue.Net has the right to monitor, review, retain or disclose any content or other information in ProValue.Net’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 ProValue.Net deems necessary or appropriate in ProValue.Net’s sole discretion.

    4. ProValue.Net 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 ProValue.Net’s authorized Customer service channels. Only Commercial Customers may also choose to designate an authorized user of Customer’s account (an “Authorized User”), who will be permitted to access the Commercial Customer’s account information and make certain changes to Commercial Customer’s account. Commercial Customers will be solely liable for any and all action or inaction by any Authorized User.

  6. PASSWORDS.
    1. Residential accounts are for individual use only. Commercial accounts are for authorized personnel only.

    2. Residential Customers shall not share passwords or accounts with others. Commercial Customers shall only provide passwords to authorized personnel.

    3. ProValue.Net 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, ProValue.Net shall provide Customer with a new password.

    4. ProValue.Net may monitor the security of Customer’s passwords at any time. A Customer with an insecure password may be directed to change the password to one which complies with the above rules. Customers who repeatedly choose insecure passwords may be assigned a password by ProValue.Net; continued failure to maintain password security may be grounds for account termination.

  7. SYSTEM SECURITY.
    1. 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.

    2. 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.

    3. ProValue.Net reserves the right to release the login names of Customers involved in violating system security to system administrators at other websites, in order to assist them in resolving security incidents. ProValue.Net will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers, subject to ProValue.Net’s Privacy Policy and applicable law.

  8. ACCEPTABLE USAGE.

    ProValue.Net’s Acceptable Use Policy (“AUP”) 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 ProValue.Net’s Systems and the ProValue.Net Networks for accessing the World Wide Web, Internet Relay Chat, USENET Newsgroups, Email, and other Internet features. The AUP also identifies the activities specifically prohibited by ProValue.Net.

    Customer agrees to use the Services in accordance with ProValue.Net’s AUP located at https://provalue.net/acceptable-use/ which may be modified by ProValue.Net at any time.

  9. DIGITAL COPYRIGHT ACT.

    Under the Digital Millennium Copyright Act (“DMCA”), copyright owners have the right to notify ProValue.Net’s registered designated agent if they believe that a Customer has infringed on their work(s). When ProValue.Net receives a complaint notice from a copyright owner, ProValue.Net 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, ProValue.Net enforces a graduated response policy to complaints that may lead to suspension or termination of service. ProValue.Net’s policy is to terminate the internet services for any Customer receiving three (3) or more DMCA notices annually. For information about how to contact ProValue.Net’s Designated Agent, please see ProValue.Net’s DMCA Copyright Infringement Notification Policy, available https://provalue.net/DMCA.

  10. PENALTIES FOR VIOLATIONS OF SERVICE AGREEMENT.

    Violation of this Service Agreement may be subject to immediate suspension or termination of Customer’s account in addition to any other 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, ProValue.Net reserves the right to disable and terminate the account immediately.
    1. Accounts which have been disabled for abuse will not be re-opened. ProValue.Net also reserves the right to modify and/or disable Service at any such time the Customer violates this Service Agreement.

    2. ProValue.Net will not reimburse Customer when Service has been suspended, disabled, or terminated due to violations of this Service Agreement.

    3. ProValue.Net will attempt to charge Customer’s unpaid balance to the credit card,bank account, or alternative payment method on file. Failure to bring an account current may result in the account being turned over to a third party for collections and credit reporting.

    4. If Service is disconnected for non-payment or suspension, ProValue.Net is not obligated to reconnect Customer’s Service. However, if Customer desires reconnection, and ProValue.Net agrees to do so, Customer agrees to pay the past due balance in full as well as any current invoices on the account and a reactivation fee (See - Section 12(g)). If the service is unable to be reactivated remotely, additional service call fees may apply.

  11. SOFTWARE LICENSES AND THIRD-PARTY SERVICES

    1. ProValue.Net may provide software for use in connection with the Service which is owned by ProValue.Net or its third-party licensors, third-party suppliers, and Operational Service Providers (“Software”). Such Software may be subject to an additional fee. ProValue.Net reserves the right periodically to update, upgrade, or change the Software remotely or otherwise and to make related changes to the settings and software on Customer’s computer(s)/device(s) or Equipment, and Customer agrees to permit such changes and access to Customer’s computer(s)/device(s) and Equipment. Customer may use the Software only in connection with the Service and for no other purpose.

    2. Certain Software may be accompanied by an end user license agreement (“EULA”) from ProValue.Net or a third-party. ProValue.Net’s use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. Customer may not install or use any Software that is accompanied by or includes a EULA unless Customer first agrees to the terms of the EULA.

    3. For Software not accompanied by a EULA, Customer is hereby granted a revocable, non-exclusive, non-transferable license by ProValue.Net or its applicable third-party licensor(s) or Operational Service Provider to use the Software (and any corrections, updates and upgrades thereto). Customer understands, acknowledges and agrees that the Software is confidential information of ProValue.Net or its third-party licensors/Operational Service Providers and that Customer will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by ProValue.Net or its third-party licensors/Operational Service Providers. Customer may not copy, de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third-party, or allow, encourage or solicit others to do the same. Customer may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. Customer is not granted any title or rights of ownership in the Software. Customer acknowledges that this license is not a sale of intellectual property and that ProValue.Net or its third-party licensors/Operational Service Providers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited.

  12. CUSTOMER’S PAYMENT OBLIGATIONS / BILLING

    1. In exchange for Services, Customer agrees to pay ProValue.Net for the services selected and in the agreed upon method of payment as set forth in the Installation Agreement. Payment is considered due at the start of Customer’s service period. Customer agrees to pay ProValue.Net through the end of the Initial Term or any Renewal Term in accordance with ProValue.Net’s current billing policies. Failure to fulfill any payment obligations in a timely manner as provided herein will be considered a violation of this Service Agreement and Customer’s Installation Agreement.

    2. Customers will be billed in advance on a monthly basis (unless service type specifies otherwise). Payment is due at the start of Customer’s service period.

    3. Customers are responsible for timely monthly payments. ProValue.Net is not responsible for misdirected, lost, or late payments.

    4. 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, Customer must notify ProValue.Net 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.

    5. Automatic payments via credit card, debit card or checking account that are declined will be charged a $35.00 return fee. Returned check or money order payments will be charged a $35.00 check return fee.

    6. All past due balances (30 or more days following the due date) will be assessed a late fee of $15.00. Failure to fulfill any payment obligations within 60 days will be considered a violation of this Service Agreement and Customer’s account will be subject to deactivation for non-payment.

    7. To reestablish a suspended account, Customer may call ProValue.Net to pay the account in full and pay the $20.00 reactivation fee to resume service. 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/or pay a mandatory installation fee.
      • ProValue.Net does not guarantee the same telephone number will be issued.

    8. Account Information must be kept up to date. Customer is responsible for maintaining up-to-date contact and billing information. ProValue.Net is not liable for bank or credit card fees that Customer incurs due to expired or new information.

  13. 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. ProValue.Net is not required to notify Customer of fluctuations in pricing due to these changes.

    ProValue.Net blocks international calls from the United States except those made to Canada. Should a Customer request the ability to place international calls to countries other than Canada, ProValue.Net 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 may vary, please contact ProValue.Net sales team for accurate costs associated with the calling rates for the requested countries.

  14. 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 ProValue.Net as directed. 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 ProValue.Net at [405-624-6000 Ext. “3” for Technical Support].

    1. 911 service is delivered to a Customer location via e911 service.

    2. Customer acknowledges that it is their responsibility to inform any party using or any party that might use the Service of the difference between traditional 911 and this service. ProValue.Net will not be responsible if 911 service is unavailable due to ProValue.Net provided equipment being tampered with, losing power, or internet service.

    3. Customer bears full responsibility for testing e911 service after Service installation and periodically throughout the duration of Service and to notify ProValue.Net if any issues are noted with e911 service. Customer agrees to cooperatively test e911 service and share the results of such testing at the request of ProValue.Net. If ProValue.Net requests testing of e911 service and does not receive confirmation within one (1) business week that such testing has been performed, then ProValue.Net reserves the right to dispatch a technician to perform testing of e911 services and Customer agrees to be liable for the cost of such testing. ProValue.Net reserves the right to disable Service if Customer does not cooperate with e911 testing.

    4. For locations containing less than 40,000 square feet of workspace that have their own street address ProValue.Net will register the street address for e911 service.
      1. ProValue.Net shall register geographic location to a single DID. Subject to the limitations above, all phones within that geographic location must present the DID that has been registered for e911 service as their caller ID. If Customer chooses to present a unique CLID for phone(s) at location then Customer shall be responsible for procuring e911 service from ProValue.Net for each phone so configured at additional cost

    5. Customer acknowledges that physically moving a phone to a different location without first notifying ProValue.Net may result in e911 service reflecting an incorrect geographic location for that phone.

    6. Customer agrees not to hold ProValue.Net liable for the result of incorrect e911 geographic location information including but not limited to lack of emergency response, incorrect location information causing first responders to be delayed, or any other issue with e911 emergency response.

    7. Certain features may not be compatible with 911 service. ProValue.Net reserves the right to refuse provisioning or modification of features or service if such provisioning or modification adversely affects e911 service. ProValue.Net will provide either basic 911 or e911 service for each DID based on the serving rate center specification for that DID as specified by the North American Numbering Plan Association (NANPA). With e911 service, when you dial 911, the telephone number and registered address is simultaneously sent to the local emergency center assigned to that location, and emergency operators have access to the information they need to send help and call back if necessary. Customers in locations where the emergency center is not equipped to receive the telephone number and address have basic 911. With basic 911, the local emergency operator answering the call will not have the call back number or location. ProValue.Net will not provide this service to areas where basic 911 or e911 services are not available. Additionally, ProValue.Net will not be held responsible for any inability for e911 service operators to properly locate Customer due to changes to the calling line ID phone number in the ProValue.Net Management Portal. ProValue.Net will deliver a 911 call to the emergency center based on the address of record for the calling DID as recorded in the ProValue.Net management portal. The call will be delivered as basic 911 or e911 based on whether the emergency center is able to receive the enhanced information from a Voice over IP system. As additional local emergency centers become capable of receiving enhanced information, ProValue.Net will automatically upgrade Customer with basic 911 to e911 service. ProValue.Net will not provide notice of the upgrade. ProValue.Net 911 and e911 services are not compatible with a Customer moving their phone to a location other than the service address of record where the phone was originally installed or changing their phone number.

    8. For locations with e911 service, the failure of Geo-coding or address validation, will not allow ProValue.Net to process the error records in real time and ProValue.Net will use commercially reasonable efforts to resolve the records in error. There may be instances that will prevent a data integrity unit analyst from correcting errors, causing delays in provisioning the Customer’s data into the 911 systems. The service is predicated on using primary wire-line Public Safety Answering Point (PSAP) boundaries for routing Emergency Calls to the appropriate PSAP. The primary wire-line boundary information is collected and is entered into a database for real time queries for PSAP boundary lookup. Customer acknowledges that primary wire-line PSAP boundary data may not be available for the entire United States and that ProValue.Net is dependent on the PSAPs to provide such information resulting in the use of wireless PSAP boundary data to route an Emergency Call. For locations with basic 911, the service uses wireless PSAP boundaries when a primary wire-line PSAP boundary is not available. Therefore, the 24x7x365 PSAP telephone number for a Subscriber Emergency Call may correspond to a PSAP other than the PSAP that would normally receive wireline Emergency Calls placed from the Customer location. Customer’s physical service address and call back number will not be presented to the PSAP. In the event caller cannot speak, Customer acknowledges that no information will be provided to the PSAP to contact the Customer to obtain information that could allow them to dispatch emergency services to caller’s location. Each PSAP‟s internal processes will dictate how the call should be handled.

    9. Customer acknowledges that it is possible that the emergency call may not be able to be delivered to the PSAP due to network and systems issues outside of ProValue.Net’s control. In such an event, ProValue.Net will try to deliver Emergency Calls through the PSTN to its Emergency Call Relay Center (ECRC). ECRC personnel will manually query systems to deliver the Emergency Call to the geographically appropriate PSAP. Additional fees may apply should Customer want lines other than the main line to be routed to the ECRC. In the event caller cannot speak or identify their address, Customer acknowledges that ProValue.Net has no further ability to assist caller and Customer agrees to indemnify and hold harmless ProValue.Net from all third-party claims arising from such circumstances

    10. ProValue.Net will automatically provide e911 service as a standard, mandatory feature. Customer may not “opt-out” of e911 service.

    11. Customer may be invoiced per Appendix 5 for any DID’s provisioned without a proper address for e911 services.

    12. Customer guarantees to take appropriate action to ensure End Users have a clear understanding of the limitations of their e911 service. Customer must distribute labels and warnings to customers if e911 service may be limited or not available and instruct the End User to place the labels on the equipment used with ProValue.Net Services.

  15. BILLING DISPUTES.

    Customer can dispute bills or charges by calling ProValue.Net within 90 days of the billing month in dispute. ProValue.Net will investigate, document, and report its findings to Customer. ProValue.Net will attempt to resolve all disputes in good faith.

    ProValue.Net Billing Office
    Monday – Friday | 9 a.m. – 5 p.m.
    Tel: (405) 624-6000 Ext. “4” for Billing


    If Customer’s dispute with ProValue.Net is not resolved to Customer’s satisfaction, Customer understands, acknowledges, and agrees that the federal and state courts of competent jurisdiction located in Payne County, Oklahoma alone shall have jurisdiction arising over all disputes arising under this Agreement and Customer consents to the personal jurisdiction of these courts.

  16. DISCLAIMER OF WARRANTIES.

    1. CUSTOMER EXPRESSLY AGREES THAT CUSTOMER USES THE SERVICE AND THE PROVALUE.NET EQUIPMENT AT CUSTOMER’S SOLE RISK. THE SERVICE AND PROVALUE.NET 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 PROVALUE.NET 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 PROVALUE.NET 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 PROVALUE.NET 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.

    2. In addition, ProValue.Net 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 ProValue.Net to Customer is intended to provide only a minimal level of protection to Customer’s computer system(s). CUSTOMER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT PROVALUE.NET 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 PROVALUE.NET 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.

    3. EXCEPT AS SPECIFICALLY SET FORTH IN THE PROVALUE.NET INSTALLATION AGREEMENT, CUSTOMER UNDERSTANDS AND AGREES THAT NEITHER PROVALUE.NET NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS, OPERATIONAL SERVICE PROVIDERS OR THIRD-PARTY SUPPLIERS AND LICENSORS GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE PROVALUE.NET NETWORKS OR THAT ANY SPEED OR THROUGHPUT OF CUSTOMER’S CONNECTION TO THE PROVALUE.NET 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, the terrain and location of Customer’s premises, foliage between ProValue.Net Equipment and other components of the ProValue.Net Networks, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond ProValue.Net’s control and system failures, modifications, upgrades and repairs.

    4. THIS SERVICE AGREEMENT GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

  17. LIMITATION OF LIABILITY; STATUTE OF LIMITATIONS

    1. CUSTOMER MUST BRING ANY CLAIM OR LAWSUIT WITHIN ONE (1) YEAR THE CLAIM OR SUIT ARISES.

    2. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL PROVALUE.NET OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, 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 PROVALUE.NET UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 US).

    3. DEVELOPING, INSTALLING, OPERATING, PROVIDING, IMPLEMENTING, MAINTAINING, OR PARTICIPATING IN A 911 EMERGENCY TELEPHONE SYSTEM OR SIMILAR EMERGENCY SYSTEM OR E911 SERVICE, INCLUDING WITHOUT LIMITATION

      1. RECEIVING,DEVELOPING, COLLECTING, OR PROCESSING INFORMATION FOR E911 DATABASES
      2. RELAYING, TRANSFERRING, OPERATING, MAINTAINING, OR PROVIDING 911 OR E911 SERVICES OR SYSTEM CAPABILITIES, OR
      3. PROVIDING EMERGENCY TELEPHONE AND RADIO COMMUNICATIONS FOR AMBULANCE, POLICE AND FIRE DEPARTMENTS.

    4. ADDITIONALLY, PROVALUE.NET WILL HAVE NO LIABILITY FOR THE FOLLOWING:

      1. FOR ANY AMOUNT IN THE IN EXCESS OF ONE HUNDRED DOLLARS ($100.00 US);
      2. 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;
      3. 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 3(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 PROVALUE.NET’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.

  18. GOVERNING LAW AND JURISDICTION.

    This Agreement and all matters arising out of or related to this Agreement shall be exclusively governed by the laws of the State of Oklahoma without regard to any conflict of law provision. In the unlikely event that ProValue.Net and Customer are unable to resolve a dispute to either Party’s satisfaction after attempting to do so informally, ProValue.Net and Customer agree the exclusive means of bringing adversarial proceedings to resolve any dispute out of this agreement or the subject matter of this agreement will be resolved in small claims court. Customer (and ProValue.Net?) agree to waive the rights to bring any claim, suit or proceeding more than one (1) year after the date the cause of action arose.

    The District Court of Payne County located in Payne County, Oklahoma has jurisdiction to hear, conciliate, try and determine civil claims if the amount of money or property that is the subject matter of the claim does not exceed $10,000. For claims exceeding $10,000, Customer and ProValue.Net agree either Party may bring such a proceeding to the United States District Court, Judicial District Nine in the State of Oklahoma.

  19. INDEMNIFICATION.

    Customer agrees to indemnify, defend and hold harmless ProValue.Net, 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 “ProValue.Net” Indemnitees”) from and against all losses, expenses, damages and costs, (including reasonable attorneys' fees) and other claims brought against any ProValue.Net 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 ProValue.Net and/or any other ProValue.Net Indemnitee in connection with the defense of any such third-party claims. ProValue.Net reserves the right to assume the defense and control of any matter subject to indemnification by Customer, in which event Customer will cooperate with ProValue.Net in asserting any available defenses.

  20. TERMINATION OF THE SERVICE.

    1. IF CUSTOMER CANCELS THE SERVICE OR ANY ASPECT THEREOF FOR ANY REASON, PROVALUE.NET 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.

    2. Customer may terminate the Service at any time by providing ProValue.Net written notice, either via mail to ProValue.Net, 801 S Main Street, Suite 1, Stillwater, OK 74074 or by telephone at (405) 624-6000 prior to desired termination date. Termination requests via email shall not constitute effective notice. ProValue.Net 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 and to return any ProValue.Net Equipment or pay the Equipment Non-Return Fee as set forth in Section 3(b) herein.

    3. The Service and all Service features are subject to availability on an ongoing basis. Customer understands that ProValue.Net 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, ProValue.Net may suspend, disconnect or terminate the Service at any time without prior notice if ProValue.Net believes in its sole discretion that Customer has (i) failed to pay Customer’s bill when due, (ii) threatened or harassed any ProValue.Net employee, agent or contractor, or (iii) violated any other provision of this Service Agreement.

    4. If Customer received discounted rates for Services based on annual prepayment terms, Customer accepts and agrees that termination of Customer’s Installation Agreement before the agreed-upon term ends, will result in any refund for unused full months of service to be calculated based on the standard rate for the Service, rather than the discounted annual rate.

    5. If the Service to Customer is disconnected for any reason or Service is suspended in accordance with this Agreement, ProValue.Net 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.

    6. In the event that Customer’s account is suspended, disconnected or terminated, no refund, including of fees paid by Customer to ProValue.Net, shall be granted. Moreover, ProValue.Net shall not be responsible for the return of data stored on ProValue.Net’s servers, including web and email servers. Customer agrees that ProValue.Net has no obligation to visit Customer’s home upon termination to reconfigure Customer’s computer(s) or for any other reason.

    7. Sections 2 through 21 herein shall survive any termination or expiration of this Service Agreement.

  21. GENERAL PROVISIONS.

    1. 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.

    2. The Parties agree that any Affiliates, Operational Service Providers, agents, third-party suppliers and licensors of ProValue.Net 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 ProValue.Net.

    3. 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.

    4. ProValue.Net shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ProValue.Net’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

    5. 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 Oklahoma without regard to its conflicts of law provisions. Customer agrees that the federal and state courts of Oklahoma alone shall have jurisdiction over all disputes arising under this Service Agreement and Customer consents to the personal jurisdiction of those courts.

    6. ProValue.Net’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.

    7. ProValue.Net may change, amend, alter, or modify this Service Agreement at any time. ProValue.Net may notify Customer of any change either by posting that ProValue.Net may change, amend, alter, or modify this Service Agreement at any time. ProValue.Net may notify Customer of any change either by posting that

    8. 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 (a) email to Customer; (b) by first-class mail to Customer at Customer’s billing address on file with ProValue.Net; or (c) when posted to the Announcements page of ProValue.Net’s website.

      • If by email, such notice shall be deemed effective when transmitted by ProValue.Net. 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 ProValue.Net: Notice shall be made exclusively by first-class mail to: ProValue.Net, 801 S. Main Street, Suite 1, Stillwater, OK 74074, or such other address as ProValue.Net may from time to time publish to Customer, and such notice shall be deemed effective upon receipt.

    9. Customer may not assign this Agreement, or Customer’s rights or obligations under this Service Agreement, without ProValue.Net’s prior written consent, and any purported assignment by Customer without such consent shall be void. ProValue.Net 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.

    10. Customer and ProValue.Net have executed this Service Agreement by their signatures (or, in the case of ProValue.Net, the signature of ProValue.Net’s authorized person) on the Installation Agreement.