Professional Value Internet Services, LLC. Terms and Conditions of Service
YOUR USE AND ACTIVATION OF THE SERVICE SHALL CONSTITUTE YOUR CONSTENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE NOTIFY US AT 405-624-6000 THAT YOU WISH TO TERMINATE THE SERVICE.
This agreement is between Professional Value Internet Services, LCC (“ProValue.Net”), and the participant (“you” or “your”). This Agreement sets forth the terms and conditions under which you agree to use ProValue.Net’s services (“Service” or “Services”).
This Agreement (the “Agreement”) defines the terms and conditions under which ProValue.Net agrees to provide ProValue.Net Services to you. By completing the registration and using the Service, you (i) agree to abide by, and require others using the Service via your account to abide by the terms of this Agreement, and (ii) represent that you are at least 18 years of age. If you do not agree, you may not use the Service and must return the installation equipment and all associated materials to ProValue.Net. This Agreement takes effect on the date on which you accept this Agreement, and continues until your subscription is terminated.
DESCRIPTION OF SERVICES
- 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.
- 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 this intended use.
- ProValue.Net will make reasonable efforts to provide full internet speeds up to what is defined in your rate or package. Speed of service is not guaranteed and not all speed rates are available at all locations.
PAYMENT FOR SERVICES
- In exchange for services, you will pay compensation to ProValue.Net for the services in the agreed upon method of payment as set forth in the Customer Signup Form. Payment is considered due at the start of your service period. If any portion of payment is received 30 or more days after the due date, a late fee of $10.00 will be charged to your account. If your balance remains unpaid for 60 days your account will be deactivated for non-payment. All invoices that are past due and a $20.00 reactivation fee must be paid to resume service. Bank Draft (ACH returns will be charged a $25.00 return fee. Check returns will be charged a $25.00 return fee.
- In the event you fail to pay charges billed to you, ProValue.Net reserves the right to bill outstanding sums to your credit card or bank account. ProValue.Net may assign unpaid balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, you agree to reimburse ProValue.Net for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
- ProValue.Net reserves the right to suspend or discontinue the ProValue.Net Service if charges are not paid.
- It is the responsibility of the customer to keep current with regards to billing address, email, and phone number.
PROVISION OF SERVICE
- You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service. You further understand and agree that ProValue.Net has no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond the control of ProValue.Net
- Neither ProValue.Net nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, power surge or failure, water, or acts of God.
- You authorize ProValue.Net personnel to enter your premises (the “Premises”) at mutually agreed upon times in order to install, maintain, inspect, repair, or remove the Service. If you are not the owner of the Premises upon which the Service is to be installed, you represent and warrant that you have obtained the consent of the owner of the Premises for ProValue.Net personnel to enter the Premises for the purposes described above. You shall indemnify and hold ProValue.Net harmless from and against any claims of the owner of the Premises arising out of the performance of this Agreement. ProValue.Net shall use reasonable efforts to install the Service to full operational status. Unless offered by ProValue.net as a service, you agree that ProValue.Net has no responsibility to provide service and support for in-home networks.
- You are solely responsible for provisioning, configuration and maintenance of all equipment on your premises not owned by ProValue.Net, including, without limitation, computers, modems and other communications equipment. ProValue.Net shall not be responsible for delays in the provision of Service resulting from incompatibility of such equipment, or resulting from improper provisioning, configuration or maintenance of such equipment.
- All ProValue.Net Equipment installed after March 1, 2016 for use in provisioning the Service provided to you by ProValue.Net will remain the property of ProValue.Net unless expressly stated or sold otherwise. ProValue.Net shall have the unrestricted right, but not the obligation, to modify the configuration of any of the Equipment.
- You agree to promptly return the Equipment to ProValue.Net in good condition and without any encumbrances, except for ordinary wear and tear resulting from proper use, immediately upon discontinuance of Service.
If you do not promptly return the Equipment or if it is damaged or encumbered, the damages ProValue.Net will incur will be difficult to ascertain. Therefore, you agree to pay, and ProValue.Net may charge your account, a liquidated damages amount equal to ProValue.Net’s reasonable estimates of the replacement costs and incidental costs that ProValue.Net incurs; provided, however, that such amount will not exceed the maximum amount permitted by law. This provision shall survive the termination or expiration of this Agreement.
ACCEPTABLE USE POLICY
You agree to use the Services in accordance with the Acceptable Use Policy located at http://www.provalue.net which may be modified by ProValue.Net from time to time, and which is incorporated herein by reference and made a part of this Agreement.
TERMINATION AND SURVIVING OBLIGATIONS
- Either party may terminate this Agreement at any time without cause by providing the other party with no less than twenty-four (24) hours written notice. In the event of termination by you, you must notify ProValue.Net by telephone or by a non-electronic written submission. Email submission shall not constitute effective notice. In the event of termination by ProValue.Net, ProValue.Net may notify you of such termination by electronic or other means. In those cases where you elect annual prepayment terms, you agree and understand that the calculation of any refund for unused Service will be based on the normal rate for the Service and not upon the discounted annual prepayment rate.
- You expressly agree that upon termination of this Agreement: (i) You will pay ProValue.Net in full for your use of any Equipment and Service up to the later of the effective date of termination of this Agreement or the date on which the Service and any Equipment have been disconnected and returned to ProValue.Net. (ii) You will permit ProValue.Net to access your premises at a reasonable time to remove any Equipment and other material provided by ProValue.Net. (iii) You will ensure the immediate return of any Equipment to ProValue.Net. (iv) ProValue.Net is authorized to delete any files, programs, data, and email messages associated with such account.
ProValue.Net reserves the right to manage its network for the greatest benefit of the greatest number of subscribers, including, without limitation, the following: rate limiting, rejection or removal of “spam” or otherwise unsolicited email, anti-virus mechanisms, traffic prioritization, and protocol filtering. You expressly accept that such action on part of ProValue.Net may affect the performance of the Service.
DAMAGE AND ENCUMBRANCES ON EQUIPMENT
You may not sell, transfer, lease, encumber or assign all or part of any ProValue.Net owned Equipment to any third party. You agree to pay the full retail cost for the repair or replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Equipment or part thereof, together with any costs incurred by ProValue.Net in obtaining or attempting to obtain possession of any such Equipment. You hereby authorize ProValue.Net to charge your Visa, Master Card, or other credit card or other payment method authorized by you for any outstanding Service, Equipment, and repair and replacement costs described herein. ProValue.Net may, at its option, install new or reconditioned Equipment, including swapping your existing equipment, for which you may incur a fee.
LIMITATION OF LIABILITY
- ProValue.Net will make reasonable efforts to provide continuous, uninterrupted, expedient, and error-free Service to you. Under no circumstances shall ProValue.Net be liable to you or any other person for any special, incidental, consequential or punitive damages of any kind, including without limitation, loss of profits, loss of income or cost of replacement Services.
- ProValue.Net's liability for damages in regards to extraordinary and unreasonable interruptions of Service, or for mistakes, omissions, delays, errors and defects in the provision of the Service, shall in no event exceed an amount equal to the prorated charges to you for the period during which the Service is affected.
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROVALUE.NET HEREBY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND PERFORMANCE.
- PROVALUE.NET MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PROVALUE.NET MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. FURTHERMORE, PROVALUE.NET PROVIDES NO GUARANTEE WITH REGARD TO THROUGHPUT SPEEDS WITH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA
- PROVALUE.NET MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR RISK
- You agree to indemnify and hold ProValue.Net harmless from all claims, losses, liens, expenses, suits and attorneys’ fees (“Liabilities”) for injuries to or death of any person and for damages to or loss of any property which may in any way arise out of or result from or in connection with your use of the Service, except to the extent that such Liabilities arise from the active negligence or willful misconduct of ProValue.Net.
- You agree to indemnify ProValue.Net in the event that your use of the Service (i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive, (iii) is intended to threaten, harass or intimidate, or (iv) interferes with other customers’ use or enjoyment of the Services provided by ProValue.Net
GOVERNING LAW AND JURISDICTION
This Agreement shall be exclusively governed by, and construed in accordance with, the law's of the State of Oklahoma, without regard to its conflict of law’s provisions. All disputes arising out of or related to this agreement and the Service must be brought in a federal or state court located in the state of Oklahoma. You consent to the personal jurisdiction of such courts located in the state of Oklahoma. You waive the rights to bring any claim, suite or proceeding more than one (1) year after the date the cause of action arose.
This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.