OUR LEGAL DOCUMENTS
Rock Island Communications (“Rock Island”) is committed to protecting your privacy. This Rock Island Communications Privacy Statement applies to all Rock Island Communications sites and services.
Collection of your Personal Information
As part of providing service to you, Rock Island collects personal information, such as your e-mail address, name, home or work address or telephone number. For billing purposes we may collect additional personal information, including your credit card number, bank account number, bank routing number and billing address.
Use of your Personal Information
Rock Island does not sell, rent or lease its customer data to third parties. Rock Island may access and/or disclose your personal information to the appropriate authorities for investigation and prosecution if we believe that you have used our service or equipment for an unlawful purpose, and you consent to our forwarding of any such communications and information to these authorities. In addition, you hereby agree that we may disclose your personal information, any communications sent or received by you, and any other information that we may have about your account, (a) in response to law enforcement or other governmental agency requests, or if required to do so by law, regulation, rule, subpoena, search warrant, or court order; (b) as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the equipment, or both; (c) to protect and defend the rights or property of Rock Island; or (d) to act under exigent circumstances to protect the personal safety of users of Rock Island services or members of the public from imminent harm. Rock Island sends out periodic e-mails informing you of technical service issues, product surveys, new feature announcements and news about Rock Island products and services. You will not be able to unsubscribe to these mailings, as they are considered a part of the service you have chosen.
Security of your Personal Information Rock Island is committed to protecting the security of your personal information and will use reasonable means for doing so. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access that are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Rock Island uses “cookies” to secure Web Email sessions and online support sessions. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, certain online services (such as Web Email and Online Support) will not function correctly or in some cases will not allow you to utilize that particular service.
Changes to this Statement
Rock Island will occasionally update this Privacy Statement by posting a new version on our web site. If there are material changes to this Statement or in how Rock Island will use your personal information, Rock Island will prominently post such changes prior to implementing the change. Rock Island encourages you to periodically review this Statement to be informed of how Rock Island is protecting your information.
Contact Information Rock Island welcomes your comments regarding this Privacy Statement. You can contact Rock Island by telephone, e-mail, or postal mail.
Rock Island Communications, 208 Enchanted Forest Drive, Suite D Eastsound WA 98245
Internet Services Acceptable Use Policy
Rock Island Communications (“Rock Island”) seeks to provide our customers with the best Internet service possible, and we have adopted this Acceptable Use Policy (“Policy”) to help accomplish this. This Policy outlines acceptable use of the Rock Island Internet Services and any associated services (the “Service”), as well as permissible and prohibited conduct for using the Service to access the Internet. This Policy, including its customer use restrictions, is in addition to the restrictions contained in the Rock Island Internet Service Agreement (“Agreement”). Any use of Rock Island Internet services constitutes agreement to all terms in this Policy and the Agreement.
Rock Island may revise this policy from time to time by posting a new version of this document on our web site. All revised versions of the Policy are effective immediately upon posting. Accordingly, Rock Island customers should regularly visit our web site and review this Policy to ensure that their activities conform to the most up to date policy.
You are personally responsible for all use of Rock Island Internet Service under your account. As a customer, it is your responsibility to secure your computer equipment so that it is not subject to external threats such as viruses, spam, and other methods of external intrusion. Failure to comply with these or any other Rock Island policies could result in the suspension or termination of your service. Rock Island reserves the right to immediately terminate the service and the Subscriber agreement if you engage in any of the prohibited activities listed in this policy.
You agree to use Rock Island Internet Service only for lawful purposes.
You may not use, or allow others to use, your Rock Island Service or equipment, either directly or indirectly, to:
- post, store, transmit, promote, or facilitate the distribution of any information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or illegal, 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;
- enable persons under 18 years of age to obtain material that is prohibited by law to be sent or displayed.
- post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk e-mail), promotional materials or other forms of solicitation to other individuals or entities;
- participate in the collection of email addresses or other identifiers of others without their prior consent, or participate in the use of software (including “spyware”) designed to facilitate this activity;
- collect, or attempt to collect, personal information about others without their prior consent;
- impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other fraudulent activity;
- access any other person’s computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other host, networks, or accounts;
- resell the service, or otherwise make available to anyone outside the primary residence or primary business location, the ability to use the service;
- restrict, inhibit, or otherwise interfere with the ability of other persons to use or enjoy the service, including, without limitation, posting or transmitting any information or software that contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to send or retrieve information;
- restrict, inhibit, interfere with, or otherwise disrupt Rock Island’s Service or any Rock Island host, server, backbone network, node or service, or otherwise cause a performance degradation to any Rock Island facilities used to deliver the Service;
- interfere with telecommunication or computer networking service to any user, host, or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to crash a host;
- violate the rules, regulations, or policies applicable to any network, server, computer database, or web site that you access.
Inappropriate Content and Transmissions
Rock Island reserves the right, but does not have the obligation, to refuse to transmit or post, and to remove or block any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, and regardless of whether this material or its dissemination is unlawful. Neither Rock Island nor its parent company, affiliates, suppliers or agents have any obligation to monitor transmissions or postings made on the Service. However, Rock Island and its parent company, affiliates, suppliers or agents have the right to monitor these transmissions and postings from time to time for violations of this Policy and to disclose, block, or remove them if Rock Island, in its sole discretion, deems them to be in violation of this Policy.
Network, Bandwidth, Data Storage and Other Limitations
You must comply with all current bandwidth, data storage, and other limitations on the Service established by Rock Island and its suppliers. You must ensure that activity on your account does not improperly restrict, inhibit, or degrade any other user’s use of the service, nor represent (in the sole judgment of Rock Island) an unusually large burden on the network. In addition, you must ensure that your activities do not improperly restrict, inhibit, disrupt, degrade or impede Rock Island’s ability to deliver the service and monitor the service, backbone, network nodes, and/or other network services.
Violation of Acceptable Use Policy
Although Rock Island has no obligation to monitor the Service and/or the network, Rock Island and its suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time to operate the Service; to identify violations of this Policy; and/or to protect the network, the Service and Rock Island users. If the Service is used in a way that Rock Island or its suppliers, in their sole discretion, believe violates this Policy, Rock Island or its suppliers may take any responsive actions they deem appropriate. These actions include, but are not limited to, temporary or permanent removal of content, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Service. None of Rock Island or its affiliates, suppliers, or agents will have any liability for any these responsive actions.
These actions are not Rock Island’s exclusive remedies and Rock Island may take any other legal or technical action it deems appropriate. Rock Island reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Rock Island’s servers and network. During an investigation, Rock Island may suspend the account or accounts involved and/or remove or block material that potentially violates this Policy. You expressly authorize Rock Island and its suppliers to cooperate with (i) law enforcement authorities in the investigation of suspected legal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Policy. This cooperation may include Rock Island providing available personally identifiable information about you to law enforcement or system administrators, including, but not limited to, username, subscriber name, and other account information. Upon termination of your account, Rock Island is authorized to delete any files, programs, data and e-mail messages associated with your account.
The failure of Rock Island or its suppliers to enforce this Policy, for whatever reason,
shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
You agree to indemnify, defend and hold harmless Rock Island and its parent company, affiliates, suppliers and agents against all claims and expenses (including reasonable attorney fees) resulting from you engaging in a violation of this Policy or of any other posted Rock Island policy related to the Service. Your indemnification will survive any termination of the Subscriber Agreement.
Rock Island offers seasonal service rates to customers not permanently living in San Juan County. Customers who obtain a seasonal rate on any service type agree to update Rock Island immediately upon any change to the frequency of use of any services. Customers agree to provide an out of county physical address for their primary billing address. All payments for seasonal services must be billed to this address including any credit cards on file. Customers with static IP or IT service add-on services do not qualify for seasonal rate plans.
Use constitutes any traffic, whether uploaded or downloaded on site or remotely, from the customer End Premise Device to any location on the internet. Local network traffic would not constitute usage. Certain features and services disqualify eligibility for seasonal rates including but not limited to; static IP’s, bridged modems and engineered circuits.
Seasonal usage is defined as the use of bandwidth higher than average network idle rates for less than 50% of the trailing 365 days. Rock Island will monitor seasonal rate services and notify customers when their usage exceeds the seasonal rate qualification. Rock Island will do so by moving the customer’s billable rate to the non-seasonal equivalent rate of service on the customer’s next billing cycle date.
Rock Island Communications Internet Services Subscriber Agreement
This Agreement sets forth the terms and conditions under which Rock Island Communications (“Rock Island”) will provide Internet service to you (“Customer”) at your home or business. By subscribing to or using Rock Island’s Internet services and/or any related products, equipment or services you agree to all of the terms and conditions set forth in this Agreement.
This agreement shall have an initial term of one month, and shall renew automatically each month for additional one-month periods, unless either Party provides notice of termination.
The Service and Equipment
Rock Island will provide you with interactive access to the Internet from a connection in your home or business. The type of service, monthly rates and installation costs are those you have requested or select on our customer web portal. No representation, warranty, term or condition other than as specifically set forth in this Agreement shall be binding on Rock Island.
Rock Island reserves the right to modify the terms of this Agreement from time to time without notice by posting a new version of this document on our web site. All revised copies of the Agreement are effective immediately upon posting. Accordingly, Rock Island customers should regularly visit our web site and review the Internet Services Subscriber Agreement to ensure that their activities conform to the most recent version. Your continued use of the Rock Island Internet Service and/or any related products, equipment or services following modification to this Agreement shall be deemed as acceptance of such modification
All equipment provided by Rock Island under this agreement shall remain property of Rock Island unless otherwise stated.
General Subscriber Obligations
You are accepting this Agreement on behalf of yourself and any person who accesses Rock Island Internet Service through the connection in your home or business. You assume responsibility to ensure that all other users understand this Agreement and comply with its terms. Your acceptance of service from Rock Island constitutes your agreement with, and acceptance of, the Authorized Use Policy and the Privacy Statement on our website.
Rock Island Internet Service is restricted to individuals of at least 18 years of age and businesses. By subscribing to Rock Island Internet Service, you certify that you are at least 18 years of age and/or an operating business in the State of Washington.
By subscribing to our service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Rock Island, including changes to this Agreement, the Authorized Use Policy, and the Privacy Statement.
You agree to provide Rock Island with accurate, complete and current information, including your legal name, address, telephone number(s) and payment data (i.e., credit, debit or credit card numbers and expiration dates) upon subscribing to Rock Island Internet Service. You agree to promptly inform Rock Island if there is any change in the information you provided to Rock Island at the time of enrollment. Failure to provide accurate information constitutes a breach of this Agreement and may result in termination of service to you.
Rock Island Internet Service is provided to you at your current home or business. You may not transfer your rights and obligations under this Agreement to any other person.
Service & Installation Charges
You agree to pay an installation fee and a monthly recurring charge for use of Rock Island Internet Service. You further acknowledge that you have been informed of the rates for these services in effect at the time of installation for the type of service you select. You agree to pay any local, state and/or federal taxes, surcharges, and fees imposed or levied on or with respect to your subscription to or use of Rock Island Internet Service. Rock Island reserves the right to change the amount of charges, surcharges, and fees from time to time at its discretion and upon 30 days notice to you by electronic mail, conventional mail, or web site posting.
Pre-payment of charges for installation and the first billing period is due when account is activated. Bills are sent on Customer’s anniversary bill day for the period to come. The payment is due within 15 days.
If we have not received payment during the 15-day period, the payment is considered late. A late notice will be issued if we have not received payment within 30 days of the due date. If the account is not paid within 60 days of the due date, the account may be terminated. A $10 reactivation fee will be charged to reactivate the account. If you discontinue service or your service is terminated, you agree to pay a reconnect charge before reconnection. You further agree to be charged and to pay any outstanding balance in the event of cancellation, deactivation, or termination of your account. In the case of a check returned for non-sufficient funds, Rock Island will charge a returned check fee of $20.00. You will be responsible for all expenses (including reasonable attorneys’ fees) incurred by Rock Island in collecting any unpaid amounts due in accordance with this Agreement.
Get $1,500 Toward Your Build
To incentivize cost sharing for middle and last mile construction within your community, Rock Island is offering a last mile incentive program available to each property owner. Our incentive structure is specifically designed to encourage communities and groups to work together with us to find the best, most cost-effective solution for your area. Our Construction Incentive pays up to $1,500 on Rock Island equipment and Rock Island labor. This credit toward your last mile build cost.
Service and Performance
Rock Island will make reasonable efforts to assure that Rock Island Internet Service will be available to you 24 hours per day 7 days per week. It is possible, however, that there will be interruptions of service or reduction in performance. Rock Island shall not be liable for interruptions caused by failure of equipment or services, failure of communications, power outages, or other interruptions to Rock Island Internet Service.
Rock Island shall not be liable for performance deficiencies caused or created by your equipment. You shall be responsible to provide for the proper installation, operation and maintenance of your equipment used in connection with the Rock Island Internet Service. Further, you shall ensure that such equipment is technically and operationally compatible with the Rock Island Internet Service and in compliance with applicable Federal Communications Commission rules and regulations.
You agree to comply with Rock Island’s Acceptable Use Policy, and acknowledge receipt of a copy of that policy.
You are personally responsible for all use of Rock Island Internet Service under your account. You agree not to resell, redistribute, assign, transfer, or sublicense your access to Rock Island Internet Service in any manner. You agree not to use Rock Island Internet Service for any type of business or commercial enterprise that competes in any way with Rock Island. You agree that your violation of this Section shall authorize Rock Island, in its sole discretion, to immediately disconnect Rock Island Internet Service to you and terminate this Agreement without notice.
You agree not to alter, modify or tamper with any equipment provided by Rock Island, or the configuration of such equipment as set by Rock Island.
LIMITATION OF LIABILITY: NO WARRANTIES
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY, MADE ON BEHALF OF ROCK ISLAND AND ALL ITS AFFILIATES.
ROCK ISLAND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS OF ANY PROVIDED SERVICE OR EQUIPMENT FOR ANY PARTICULAR PURPOSE. ROCK ISLAND IS NOT RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES SUFFERED BY CUSTOMER FROM, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, DELAYS, MIS- OR NON-DELIVERIES, OR SERVICE INTERRUPTIONS FOR ANY REASON.
ROCK ISLAND IS EXPRESSLY NOT RESPONSIBLE OR LIABLE FOR THE CONTENT OF ANY TRANSMISSION ACROSS ITS NETWORK.
You agree to indemnify, defend and hold harmless Rock Island, its parent company, affiliated companies, partners, licensors, employees and agents from and against all losses, expenses, damages, liabilities, and costs, including reasonable attorneys’ fees, arising out of any violation of this Agreement, the selection or use of your personal information, including your identity, or any activity related to your account by you or any other person accessing Rock Island Internet Service using your account.
This Agreement, the license provided herein, and your right to use Rock Island Internet Service may be terminated by Rock Island at any time for any reason, with 30 days written notice by Rock Island to you. In addition, you may terminate this Agreement at any time by notifying Rock Island Customer Service. Your bill will be pro-rated for any prepaid service and will offset any outstanding amounts owed to Rock Island. If the customer cancels service, all Rock Island equipment must be returned to Rock Island’s office, or the customer will be charged $400.
Digital Phone Service Subscriber Agreement
This Agreement sets forth the terms and conditions under which Rock Island Communications (“Rock Island”) will provide Digital Phone service (“Service”) to you (“Customer”) at your home or business. By subscribing to or using Rock Island’s Digital Phone services and/or any related products, equipment or services you agree to all of the terms and conditions set forth in this Agreement. This Agreement governs both the Service and any equipment provided by Rock Island as part of the Service. Rock Island reserves the right to modify the terms of this Agreement from time to time. We will provide notice of such modifications by posting a new version of this document on our web site. All revised copies of the Agreement are effective immediately upon posting. Accordingly, Rock Island customers should regularly visit our web site and review the Digital Phone Service Subscriber Agreement to ensure that their activities conform to the most recent version. By continuing to use the Rock Island Digital Phone Service and/or any related products, equipment or services after modifications to this Agreement are effective, you shall be deemed to have accepted and agreed to abide by such modifications. By subscribing to our Service, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning Rock Island, including changes to this Agreement. SERVICE Service is offered on a month to month basis, beginning on the date Rock Island activates your Service and continues indefinitely until canceled by you or by us as provided for herein. Your service term refers to the period of time for which we will bill you periodically in advance (i.e., one month). Rates for the Service are set out on the rate schedules on Rock Island’s web site, http://www.rockisland.com. Reasonable Use Rock Island offers different Service Plans for Residential and Business uses. If you are on a Residential Service Plan, the Service is a single (and not extended or multi-) family residential (personal, non-commercial) voice service. It is priced and engineered to process and deliver traffic profiles and utilization levels of our typical residential customers’ calling patterns. Telephone usage that is indicative of, or arising from, impermissible business, multiple family, community or fraudulent use may create network congestion that will manifest itself in increased busy signals for the user and for others, and may result in service termination. The following uses are not considered typical residential uses and are not permitted under Rock Island’s Residential Service Plan: use by or for others who do not live with you; use for operating a business, even if operating from the residence; use for operating any other enterprise, including not-for-profit or governmental; resale to others; continuous or excessive call- forwarding or conferencing; inbound/outbound centralized or distributed call center activity; telemarketing of any kind (including, but not limited to, charitable or political solicitation or polling), autodialing, fax or email broadcasting, fax or email blasting or any other activity that would be inconsistent with normal residential usage patterns. If you are on a Business Service Plan, the Service is provided to you solely for use as a small business user. The following uses are not considered small business uses and are not permitted: autodialing, continuous or excessive call-forwarding or conferencing; inbound/outbound centralized or distributed call center activity; telemarketing of any kind (including, but not limited to, charitable or political solicitation or polling); fax or voicemail broadcasting; and fax or voicemail blasting. The Business Service Plan may require you to be responsible for supplying, operating, and supporting the standard SIP-based Customer Premise Equipment for use with the service. As the subscriber and operator or administrator of this equipment, you are responsible for maintaining the security of the equipment, including but not limited to the physical and network security elements of your equipment, and any and all charges related thereto. Use of the Business Service Plan must be consistent with this Reasonable Use Policy and this Agreement, and consistent with typical customers on the same business call plan.
Unauthorized or excessive use beyond that normally experienced by typical small or home business customers may create network congestion that will manifest itself in increased busy signals for themselves and others, and may result in service termination. If Rock Island determines, in its sole discretion, that your usage is inconsistent with normal usage patterns for your service, you will be required to (a) pay the rates for the service that would apply to the way you used the service, (b) change to a more appropriate plan, or (c) terminate the plan. For example, if you subscribe to Rock Island’s Residential Service Plan, and your aggregate usage is inconsistent with normal residential or personal use, you may thereafter be required to pay our applicable, higher rates for service for all periods in which your use of our service was inconsistent with normal residential use. Rock Island reserves the right to terminate your Service or modify the Service and assess additional charges for each month in which excessive usage occurred. This Service may not be resold or transferred to any other person for any purpose, nor may you charge others for the use of the Service, without express written permission from Rock Island in advance. International Calling and Other Measured Services Rock Island calling plans promoted as having flat monthly fees may not include certain types of calls. International calls are not included in the basic rate for Rock Island Digital Phone Service and are billed on a per-minute basis. This is the case even if your service plan has been described as having “Unlimited Long Distance.” Operator Assisted calls and Directory Assistance calls are also not included with the basic plan, but are available at an extra fee. Rates for these types of calls as well as other measured services are listed on Rock Island’s web site.
TTY Calling During emergency situations, TTY Callers should directly dial 911 or other emergency numbers. All 911 centers are equipped to handle TTY calls. If you use Relay Service for an emergency rather than dial 911 directly, your urgent call may be delayed. Telecommunications Relay Service (“TRS”). TRS is a free service that connects customers who are deaf, hard of hearing or have speech disabilities with others, using either standard telephone equipment or telephone equipment that has been specifically designed for individuals with disabilities. This service is accessible with Rock Island Digital Phone Service. You can access TRS by dialing “711,” or using the toll-free number listed in your telephone directory. System Requirements The Service requires electrical power. The equipment that Rock Island provides to you in order to access the service contains a backup battery, which we estimate, but do not guarantee, will provide 8 hours of power in the event of a power failure. If a power failure occurs that exceeds the battery’s ability to provide power, the Service, including 911 service, will not function. The Service requires a fully functional broadband service, which is provided by Rock Island. If the broadband service is unavailable, the Digital Phone Service, including 911 service, will not function. Illegal Use The Service may not be used for any unlawful, abusive, threatening, harassing, defamatory, libelous, obscene, invasive of another’s privacy, deceptive, or fraudulent purpose, including without limitation, using the Service in a way that (i) interferes with Rock Island’s ability to provide service to its customers, (ii) avoids your obligation to pay for communication services, (iii) constitutes a criminal offense, (iv) gives rise to a civil liability, or (v) otherwise violates any applicable local, state, national or international laws. Monitoring Rock Island may monitor the use of its service for violations of this Agreement. We may remove or block all communications if we suspect a violation of this Agreement, or if we think it necessary in order to protect our service, or Rock Island, its parent, affiliates, directors, officers, agents, and employees from harm. Providing Information to Authorities and Third Parties If Rock Island believes that you have used our service for an unlawful purpose, we may forward the relevant communication(s) and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, you hereby agree that we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we have have about your account, including but not limited to, types of service, length of service, IP address(es), email address(es), registered 911 address, and all other account information, as follows: in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing the service; to protect Rock Island’s rights and property; or in emergency situations where disclosure of such information is necessary to protect Rock Island customers or third parties from imminent harm. Security Systems and other Non-voice Communications Equipment Rock Island does not guarantee that our Service will be compatible with any non-voice communications equipment, including but not limited to, security and fire systems that are set up to dial call-monitoring centers, fax machines, satellite systems, modems and medical monitoring devices. By accepting these Terms and Conditions, you waive any claim against Rock Island for failure of such systems or your Service due to any incompatibility. Billing Rock Island will bill all charges, applicable taxes and surcharges monthly in advance (except for usage-based charges, which will be billed monthly in arrears, and any other charges which Rock Island decides to bill in arrears). Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on Rock Island’s website. Termination/Discontinuance of Service If your service is terminated for any stated reason, including without limitation, violation of this Agreement, or because of any improper use of the Service or Equipment (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of Rock Island or of a third party provider to which Rock Island is subject), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, which immediately become due and payable. Release of Phone Number You may be able to take, or “port,” your current telephone number to another service provider. If you ask your new service provider to port a number from us, we will terminate our service for that number promptly after we receive notification from our competitive local exchange carrier that the porting of your number to your new service provider has been completed successfully. We will terminate our service in this fashion even if you have not independently called us to request disconnection. Once your service is terminated in this manner, you will remain responsible for all charges and fees through the end of the current billing cycle, including any unbilled charges. If a port is unsuccessful for any reason, then unless you independently call us to request disconnection or unless we determine to disconnect your line as stated in this Agreement, your service and your agreement with us will not terminate, you will remain a Rock Island customer, and you will continue to be responsible for all charges and fees associated with your Rock Island service. Taxes, Surcharges, Fees You are responsible for, and shall pay, any applicable federal, state, provincial, municipal, local, regulatory or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or surcharges now in force or enacted in the future, that arise from, or as a result of, your subscription, use, or payment for the Service or Equipment. Billing Disputes You must notify Rock Island in writing within 7 days after receiving your statement if you dispute any charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: Billing Department Rock Island Communications 208 Enchanted Forest Rd, Suite D Eastsound, WA 98245 IMPORTANT LIMITATIONS – EMERGENCY SERVICES – 911 DIALING Please read this information carefully. By using the service you acknowledge and accept any limitations of Rock Island Digital Phone service regarding 911. You agree to explain these limitations to any and all persons who may have occasion to place calls over the service(s). If you have specific questions about 911 and Rock Island Digital Phone service, contact Rock Island Communications. Broadband Connection Required Rock Island Digital Phone service requires a fully functional broadband Internet connection in order to work. Service outages or suspension or termination of broadband service will prevent ALL service, including 911 dialing. Service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911 dialing. If there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement. Service Moves Affect 911 Rock Island customers have access to Enhanced 911 (E911) or basic 911 service, depending on the capabilities of the local emergency center serving your location. When you dial 911 your Rock Island phone number and registered address are sent to your local emergency center, and emergency operators have access to this information in order to send help and call you back if necessary. With basic 911, when you dial 911, local emergency operators answering the call may not see your registered address, so you must be prepared to give them this information. If the local emergency center is capable of receiving our customers’ information, emergency operators will see the Rock Island telephone number and registered address associated with the telephone from which the 911 call is placed. The emergency operators then will be able to call you back if the call is dropped or disconnected and dispatch help to the registered address. Rock Island requires you to provide the physical address where you will be using our service for 911 purposes. For both basic 911 and E911, this address is used to route 911 calls to your local emergency center. If you move your telephone to another location, you must update your address. If you do not update your address, your 911 calls may be sent to an emergency location near your old address or emergency responders sent to the wrong location. If you move your Rock Island Digital Phone equipment to a different location without notifying Rock Island at least 10 business days in advance, the 911 Operator may not be able to identify the correct address. Even if the 911 caller is able to convey the correct address to the 911 Operator, there may be confusion due to the discrepancy between your true location and the location the Rock Island Digital Phone system is displaying to the 911 Operator. The 911 call may fail altogether or, if the call is dropped before you are able to provide your true location, the Operator may not be able to call you back to assist you with your emergency. LIFETHREATENING DELAYS IN THE RESPONSE TIME OF EMERGENCY RESPONDERS COULD RESULT IF YOU MOVE YOUR EQUIPMENT WITHOUT NOTIFYING ROCK ISLAND. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY No Warranties on Service Rock Island makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service for a particular purpose, title or non- infringement or any warranty arising by usage of trade, course of dealing or course of performance or any warranty that the service will meet customer’s requirements. Without limiting the foregoing, Rock Island does not warrant that the service will be without failure, delay, interruption, error or degradation of voice quality or loss of content, data or information. Neither Rock Island nor its officers, directors, employees or agents or any other service provider or vendor who furnishes services or products to customer in connection with this agreement or the service will be liable for unauthorized access to Rock Island’s or customer’s transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, customer’s data files, programs, procedures or information through accident, fraudulent means or equipment or any other method, regardless of whether such damage occurs as a result of Rock Island’s or its service provider’s or vendors’ negligence. Statements and descriptions concerning the service or equipment, if any, by Rock Island or Rock Island’s agents or installers are informational and are not given as a warranty of any kind.
Limitation of Liability
Rock Island shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 1. Act or omission of an underlying carrier, service provider, vendor or other third party; 2. Equipment, network or facility failure; 3. Equipment, network or facility upgrade or modification; 4. Force majeure events such as (but not limited to) acts of god; acts of nature; strikes; fire; war; riot; acts of terrorism; and government actions; 5. Equipment, network or facility shortage; 6. Equipment or facility relocation; 7. Service, equipment, network or facility failure caused by the loss of power to Customer or to Rock Island; 8. Outage of Customer’s broadband service; 9. Act or omission of Customer or any person using the Service or Equipment provided to Customer; or 10. Any other cause that is beyond Rock Island’s control, including without limitation a failure of or defect in any Equipment, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or degradation of voice quality. Disclaimer of Liability for Damages In no event shall Rock Island, its officers, directors, employees or agents or any other service provider who furnishes services or Equipment to customer in connection with this agreement or the service be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service, including inability to be able to dial 911 or obtain access to emergency service personnel through the service, or delays in the delivery of emergency services accessed through the 911 dialing service, or to obtain emergency help. Rock Island further disclaims any and all liability arising out of any resale, reuse, or reburbishment of any Equipment provided to you without Rock Island’s prior written authorization. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not Rock Island was informed of the likelihood of any particular type of damages. Disclaimer of 911 Liability.
Rock Island disclaims all responsibility for the conduct of local emergency response centers and emergency responders. We do not have any control over any local emergency response center or emergency responders. Therefore, we are not responsible for whether they answer calls using our 911 dialing service, how they answer these calls, or how they handle them. We rely on third parties to assist us in routing 911 calls to local emergency response centers. We are neither liable nor responsible if the data used by a third party to route calls is incorrect or produces an erroneous result or results in the delay of the delivery of emergency services. Neither Rock Island nor its officers or employees may be held liable for any claim, damage, or loss, fine penalty, cost, and expense (including, without limitation, attorneys’ fees) by, or on behalf of, you or any third party or user of our service, relating to our service, including, without limitation, 911 calling, or your telephone equipment. Limit on Total Liability Rock Island’s total liability for (i) any failure or mistake; (ii) any claim with respect to Rock Island’s performance or nonperformance hereunder or (iii) any Rock Island act or omission in connection with the subject matter hereof shall in no event exceed the Service charges with respect to the affected time period. Indemnification and Waiver of Claims Customer agrees to defend, indemnify, and hold harmless Rock Island, its officers, directors, employees and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees) by, or on behalf of, Customer or any third party or user of Rock Island’s Service, relating to this Agreement, the use of our Services, including 911 dialing, or the Equipment. The customer agrees to indemnify and hold harmless Rock Island and its officers, directors, employees and agents from any claim or action arising out of misroutes of 911 calls, including but not limited to customer’s failure to follow correct activation procedures for 911 calling or to provide Rock Island with correct address and other information in connection therewith. You acknowledge and understand that Rock Island’s liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this Agreement. You agree to defend, indemnify, and hold harmless Rock Island, its officers, directors, employees and agents, and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees) by, or on behalf of, customer or any third party or user of the Service relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of Customer or any third person or party or user of the Service to be able to dial 911 or to access emergency service personnel. You waive all claims or causes of action arising from or relating to Rock Island’s 911 dialing service unless the claims or causes of action arise from Rock Island’s gross negligence, recklessness, or willful misconduct.
You acknowledge and agree that you are liable for all liability that may arise from your failure to provide true, accurate, current and complete account information and to maintain and promptly update such information. If you provide any information that is, or we have reasonable grounds to suspect is, untrue, inaccurate, misleading, not current or incomplete, we may suspend or terminate or refuse any and all current or future use of the service, or any portion thereof. You also agree to indemnify and hold harmless Rock Island and its officers, directors, employees and agents from any claim or action arising out of any untrue, inaccurate, not current, or incomplete account information provided by you to Rock Island. No Third Party Beneficiaries No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights. Benefit of Bargain This Agreement is the basis of the pricing to customer and is an integral part of the bargain between the parties. This Section shall survive termination of this Agreement. Content You are liable for any and all liability that may arise out of the content transmitted by or to you or users using the Service. You shall assure that yours and others use of the Service and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Rock Island reserves the right to terminate or suspend affected Service, and/or remove your or users’ content from the Service, if Rock Island determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Rock Island’s ability to provide Service to you or others or receives notice from anyone that your or users’ use or content may violate any laws or regulations. Rock Island’s actions or inaction under this Section shall not constitute review or approval of your or users’ use or content. You will indemnify and hold Rock Island and its officers, directors, employees and agents harmless against any and all liability arising from the content transmitted by or to you or to Users using the Services. A “user” means any person, whether authorized or unauthorized, using the Service and/or Equipment provided to you. OTHER TERMS Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to the conflicts of law principles thereof. The Parties will endeavor to settle amicably by mutual discussions any disputes, differences, or claims related to this Agreement. Failing such amicable settlement, any controversy, claim, or dispute arising under or relating to this Agreement may be brought in a Washington State court of competent jurisdiction located in San Juan County, Washington, or, absent state court jurisdiction, in the United States District Court, Western District of Washington, located in Seattle, Washington (the “Courts”). The Parties hereby consent to submit to the personal jurisdiction of those Courts for any such litigation , waive any objection to the laying of venue of any such litigation in the Courts, and agree not to plead or claim in any Court that such litigation has been brought in an inconvenient forum. Entire Agreement This Agreement as modified by Rock Island on its web site constitutes the entire agreement between you and Rock Island and governs your use of the Service, superseding any prior agreements between you and Rock Island and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Rock Island unless and until posted on Rock Island’s website. Severability If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement. Privacy Rock Island Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Rock Island is not liable for any lack of privacy which may be experienced with regard to the Service. Acceptable Use Use of the Service is subject to Rock Island’s Acceptable Use policies posted at http://www.rockisland.com.
Rock Island’s Open Internet Policy
Broadband services and characteristics
Rock Island provides broadband internet access (BIA) services to our customers over a number of different network technologies, which provide different levels of performance.
- Fiber-To-The-Home (FTTH)
- 4G LTE Fixed Wireless Broadband (LTE)
Our Fiber To The Home (FTTH) offering provides a number of symmetrical speed profiles ranging from 30Mbs bidirectional all the way up to bidirectional 1Gbps. For those who are unable to take advantage of the benefits of our all fiber network, we offer Internet access over LTE and Wifi at speeds up to 25Mbs down, and 25Mbps up, as well as xDSL at speeds up to 10Mbps Down and 2Mbps Up.
With LTE, many factors affect the speed and performance that customers experience, including the programs running on the device, proximity to a cell site, the capacity of the cell site, the surrounding terrain, use inside a building, radio frequency interference, how many other customers are attempting to use the same spectrum resources. Even within coverage areas – network changes, traffic volume, outages, technical limitations, signal strength, obstructions, weather, and other conditions may impact speeds and service availability.
Network Management for Congestion
Rock Island does not selectively manage congestion on the network through methods such as real-time throttling, blocking, or dropping of specific end user traffic based on source or content. There are no download or upload volume usage caps applicable to any of Rock Island’s retail BIA services.
Q: How does the current congestion management work?
A: The current congestion management techniques are very basic. All internet data traffic is considered “best effort”, and is therefore subject to congestion management processes. The actual techniques will use a combination of buffering and “first in first out” tools to accomplish the goal of lessening the impact caused by the congestion. Selection of traffic to delay during times of congestion will be completely random and all customer traffic regardless of their bandwidth usage or network application will be equally subject to the same factors of randomization.
Q: Does the congestion management target peer-to-peer (“P2P”) or other applications, or make decisions about the content of my traffic?
A: No. The technique is “protocol-agnostic,” which means that the system does not manage congestion based on the applications being used by customers. It is also content neutral, so it does not depend on the type of content that is generating traffic congestion. Said another way, customer traffic is congestion-managed not based on the applications or content being used, but based on current network conditions and recent amounts of data transferred by users.
Q: How does the congestion management impact me and my use of Rock Island’s Internet service?
A: Being protocol-agnostic customers will most likely not notice a change in their Internet experience. The goal of congestion management is to enable all users to have access to a fair share of the network at peak times even if congestion should occasionally occur. Congestion management focuses on the consumption activity of the network as a whole whereby everyone is impacted the same. In fact, our FTTH customers are rarely if ever affected because of our bandwidth capabilities.
Q: How often does Rock Island expect to use any congestion management processes?
A: Based on our experience, network performance congestion is not common. Rock Island monitors how user traffic is affected during high usage periods and would make the adjustments reasonably necessary to ensure that our Internet customers have a high-quality online experience. Rock Island also routinely evaluates its overall network performance and periodically enhances its network by adding capacity which continues to alleviate possible network congestion.
Q: Does this congestion management process apply to both Commercial and Residential services?
Q: Does Rock Island block P2P traffic or applications like BitTorrent, Gnutella, or others?
A: No. Rock Island does not block P2P traffic or applications like BitTorrent, Gnutella, or others as part of network congestion management.
Q: Does Rock Island discriminate against particular types of online content?
A: No. Rock Island provides its customers with full access to all the lawful content, services, and applications that the Internet has to offer.
Network Security Practices
Q: Does Rock Island employ network security practices in addition to the congestion management processes?
A: Yes. Rock Island employs a number of practices to help prevent unwanted communications such as spam as well as protect the security of our customers and network. In order to further protect our customers, Rock Island blocks a limited number of ports that are commonly used to send spam, launch malicious attacks, or steal a customer’s information, for example. In addition, Rock Island conducts several security initiatives, and offers security tools for our customers.
Customers may attach devices of their choice to the modem provided by Rock Island. Any attached devices must be used in a manner consistent with our Terms of Service and Acceptable Use Policy.
Network Privacy Protection
Q: How does Rock Island protect the privacy of information received from customers and 3rd parties?
Network Performance Factors
Q: What are the factors for determining performance for a Broadband Provider?
A: Rock Island provisions its network to ensure that its customers can enjoy the speeds to which they subscribe. However, Rock Island does not guarantee that a customer will actually achieve those speeds at all times. Rock Island advertises its non-fiber speeds as “up to” a specific level based on the tier of service to which a customer subscribes.
The “actual” speed that a customer will experience while using the Internet depends upon a variety of conditions, many of which are beyond the control of an ISP such as Rock Island. These conditions include:
- Performance of a customer’s computer, including its age, processing capability, its operating system, the number of applications running simultaneously, and the presence of any adware and viruses.
- Type of connection between a customer’s computer and modem. For example, wireless connections may be slower than direct connections into a router or modem. Wireless connections also may be subject to greater fluctuations, interference and congestion. Rock Island recommends our high-performance wifi mesh product for use with higher speed tiers as many wireless connections do not perform at the speeds delivered by these tiers.
- The distance packets travel (round trip time of packets) between a customer’s computer and its final destination on the Internet, including the number and quality of the networks of various operators in the transmission path. The Internet is a “network of networks.” A customer’s connection may traverse the networks of multiple providers before reaching its destination, and the limitations of those networks will most likely affect the overall speed of that Internet connection.
- Congestion or high usage levels at the website or destination. If a large number of visitors are accessing a site or particular destination at the same time, your connection will be affected if the site or destination does not have sufficient capacity to serve all of the visitors efficiently.
- Gating of speeds or access by the website or destination. In order to control traffic or performance, many websites limit the speeds at which a visitor can download from their site. Those limitations will carry through to a customer’s connection
Latency is another measurement of Internet performance. Latency is the time delay in transmitting or receiving packets on a network. Latency is primarily a function of the distance between two points of transmission, but also can be affected by the quality of the network or networks used in transmission. Latency is typically measured in milliseconds, and generally has no significant impact on typical everyday Internet usage. As latency varies based on any number of factors, most importantly the distance between a customer’s computer and the ultimate Internet destination (as well as the number and variety of networks your packets cross), it is not possible to provide customers with a single figure that will define latency as part of a user experience.
Master Service Agreement
This Master Services Agreement (the “Agreement”) shall govern all products and services provided to the Clients we server with Service Level Agreements (SLAs). This does not govern our residential customers who have not asked for and signed a product and/or labor based SLA.
Additional terms, such as the products, services and deliverables to be provided hereunder, the schedule for the delivery thereof and the amount of fees payable therefor are set forth in the attached Service Level Agreement (the “SLA”) which is hereby incorporated by this reference and may, from time to time, be amended upon the written consent of both parties. Additional SLAs generated for additional work during this contract term will also be subject to this Master Service Agreement. In the event of any conflict between the terms of any SLA and the terms of this Agreement, the terms of the SLA shall control.
1. Term & Termination.
1.01 Initial Term. Subject to any termination rights in this Agreement, the initial term for each subscribed Product and Service will commence and end on the dates indicated in the applicable SLA.
1.02 Renewal Term. Upon expiration of the Term, this Agreement automatically renews for additional successive 12-month terms unless and until either Party provides written notice of nonrenewal at least 30 days prior to the end of the then-current term. If the Term is renewed for any Renewal Term(s), the terms and conditions of this Agreement during each such Renewal Term are the same as the terms in effect immediately prior to such renewal, subject to any change in Prices payable for the Products and Services, and payment terms during the applicable Renewal Term. In the event either Party provides timely notice of its intent not to renew this Agreement, then, unless earlier terminated in accordance with its terms, this Agreement terminates on the expiration of the then-current Term.
1.03 Termination. Following the Initial Term, either Party may terminate this Agreement without cause and for any reason with ninety (90) days prior written notice to the other Party.
2.01 Payment Terms. Rock Island will issue a separate invoice for each SLA entered into hereunder. All invoicing for products and services are due upon receipt. Any and all invoiced amounts are considered late if outstanding after 30 days after issue by Rock Island. For Services billed in arrears, any payment not received within 30 days of the invoice date will accrue interest at a rate of 1 ½% per month, or the highest rate allowed by applicable law, whichever is less.
Payments may be sent to:
Island Network, LLC
PO Box 1130
Friday Harbor, WA 98250
Note: Electronic payment may be set up by calling (360) 378-5884, option 2
2.02 Invoice Disputes. If Client has a dispute over the amount of any charges for the Products or Services, Client will nevertheless pay all undisputed amounts. Client will notify Rock Island in writing of any dispute with any invoice (along with a reasonably detailed description of the dispute) within 15 days from Client’s receipt of such invoice. Client will be deemed to have accepted all invoices for which Rock Island does not receive timely written notification of disputes. The Parties will cooperate in good faith and seek to resolve all such disputes expeditiously.
2.03 Late Payments. Payments outstanding 30 days after issue by Rock Island may be subject to termination of service and collections processes, at the discretion of Rock Island.
2.04 When Service commence on a day other than the first day of the month, the charge for that month shall be determined by prorating the monthly payment by the number of days during which Services are provided.
3. Confidential Information.
3.01 “Confidential Information” means the information of either Party (the “Disclosing Party”) which is disclosed to the other Party (the “Receiving Party”) pursuant to this Agreement that is in written, graphic, machine readable or other tangible form and is marked “Confidential,” “Proprietary” or in some other manner to indicate its confidential nature, or if disclosed orally, noted as confidential at the time of disclosure. Confidential Information will include, but not be limited to, trade secrets, know-how, inventions, techniques, processes, algorithms, software programs, schematics, designs, contracts, financial information, and non-public business information. Each Receiving Party agrees that it will use and reproduce the Confidential Information of the Disclosing Party only for purposes of exercising its rights and performing its obligations under this Agreement and only to the extent necessary for such purposes and will restrict disclosure of such Confidential Information to the Receiving Party’s employees, consultants, or advisors who have a need to know and will not disclose such Confidential Information to any third party without the prior written approval of the Disclosing Party. The foregoing obligations will be satisfied by the Receiving Party through the exercise of at least the same degree of care used to restrict disclosure and use of its own information of like importance, but not less than reasonable care.
3.02 Rock Island Office Locations:
Rock Island Communications
345 Court Street
Friday Harbor, WA 98250 Orcas Island
Rock Island Communications
208 Enchanted Forest
Eastsound, WA 98245
3.03 Rock Island Mailing Address:
Rock Island Communications
PO Box 1130
Friday Harbor, WA 98250
4. Representations and Warranties.
4.01 Client’s Representations and Warranties. Client represents and warrants to Rock Island that:
(a) it has the full right, power and authority to enter into this Agreement, to grant the rights and licenses granted under this Agreement and to perform its obligations under this Agreement;
(b) the execution of this Agreement by its Representative whose signature is set forth at the end hereof has been duly authorized by all necessary corporate action of the Party;
(c) it is in material compliance with all applicable Laws relating to this Agreement, the Products, Services and the operation of its business.
4.02 Rock Island’s Representations and Warranties. Rock Island represents and warrants to Client that:
(a) it is duly qualified to do business and is in good standing in every jurisdiction in which such qualification is required for purposes of this Agreement, except where the failure to be so qualified, in the aggregate, would not reasonably be expected to adversely affect its ability to perform its obligations under this Agreement;
(b) it has the full right, corporate power and authority to enter into this Agreement, to grant the rights and licenses granted under this Agreement and to perform its obligations under this Agreement;
(c) the execution of this Agreement by its Representative whose signature is set forth at the end hereof has been duly authorized by all necessary corporate action of the Part.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND ANY SLA ASSOCIATED WITH THIS AGREEMENT ROCK ISLAND MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE INSTALLATION, DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF ANY PORTION OF THE NETWORK, THE PRODUCT OR ANY SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED.
5. Client Responsibilities.
5.01 Client will provide reasonable and timely access to Client’s premises, equipment and staff as requested by Rock Island in providing Client requested Products and Services. Client will test to its satisfaction all deliverables for functionality and fitness for intended purpose prior to putting new technology into service. Rock Island makes no warranty or representations regarding the selection of any software or hardware incorporated into its equipment by Client.
6.01 Client will obtain, maintain, and comply with all applicable third-party licenses and terms and conditions, which shall exclusively govern the use of such third-party technology, including any such licenses incorporated into the Products and Services. Any limitations, exclusions, or restrictions therein shall apply to the Products and or Services delivered under this contract.
7. Intellectual Property Rights.
7.01 Ownership. Each Party retains all right, title and interest in and to its own pre-existing or separately developed Intellectual Property Rights. Rock Island reserves all rights and grants Client no licenses of any kind hereunder. All information, including but not limited to feedback or suggestions, provided to Rock Island with respect to the Products and Services, will be deemed Confidential Information.
7.02 Trademarks/Branding. Except as expressly provided herein, Client and Rock Island will not use the Trademarks of the other Party without the prior written consent.
8. Limitation of Liability.
8.01 No Liability for Consequential or Indirect Damages. The total liability of Rock Island to Client in connection with this Agreement, for any and all causes of actions and claims, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts, shall be limited to the amount paid for the Service by Client to Rock Island under this Agreement for the one month period prior to accrual of the most recent cause of action. IN NO EVENT SHALL ROCK ISLAND BE LIABLE FOR SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR OTHER BENEFIT WHETHER BY TORT, CONTRACT, OR OTHERWISE.
8.02 Assumption of Risk. Except as provided in Section 5, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLIENT ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY PRODUCTS IN THE PRACTICE OF ANY PROCESS, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY ROCK ISLAND, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE OF THE PRODUCTS.
9. Indemnity. Client agrees to indemnify, defend and hold harmless Rock Island and its partners, officers, directors, employees, agents and other representatives of Rock Island from all losses or damages arising from Client’s breach of this Agreement, violation of any third party intellectual property right, all claims of any kind by Client, or any act or omission of Client in connection with any Products and Services provided hereunder. Rock Island agrees to indemnify, defend and hold harmless Client from all losses or damages arising from or related to personal injury or property damages caused by the negligence or willful misconduct of Rock Island.
10. Termination of Service by Rock Island. Rock Island may terminate Service under this Agreement or any SLA hereunder, or suspend Services, with prior written notice, upon (a) failure of Client to pay any amounts as provided herein within 30 days of invoice date; or (b) Client’s breach of any provision of this Agreement or any law, rule or regulation governing the Services; or (c) if Client provides false information to Rock Island regarding Client’s identity, creditworthiness, or its planned use of the Services; or (d) if Rock Island deems it necessary to take any reasonable and lawful action to protect the property and rights of Rock Island, and existing and potential Clients of Rock Island’s’ communication services. With respect to a termination pursuant to clause (a) of this Section, such termination of Services may not occur until after Rock Island has given Client written notice of failure to pay and Client has failed to cure such failure to pay within 10 days of the date of such written notice.
11. Termination for Cause. Either party may terminate this Agreement for Cause. “Cause” shall mean a breach by a party of any material provision of this Agreement, provided that written notice of the breach has been given to the breaching party by the non-breaching party, and the breach has not been cured within 30 days after delivery of such notice.
12. Early Termination Charges. If: (a) Client terminates any SLA hereunder for reasons other than Cause; or (b) Rock Island terminates any Service Order hereunder pursuant to Sections 11, and 12, then Client will pay, within 30 days after such termination, the following amounts: (i) all accrued but unpaid charges incurred through the date of such termination; plus (ii) an amount equal to 50% of the monthly fees for the remainder of the initial term of each subscribed Service. If Client desires to cancel a Service Order, the following shall apply: (i) when a Service requiring design work is canceled after the design work has begun, Rock Island may collect charges equal to the cost incurred for the associated design work time and materials to date; and (ii) if cancellation is requested at anytime during installation, it will be treated as an early termination of Service , and Client shall pay all accrued but unpaid charges, and 25% of the monthly fees for the remainder of the initial term of each subscribed Service.
13.01 Entire Agreement. This Agreement, including all related exhibits, together with the Basic Purchase Order Terms, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Client acknowledges that except for the representations and warranties contained in Section 5 and the limited product warranty contained in Section ., neither Rock Island, its employees, agents or contractors have made or make any express or implied representation or warranty, either written or oral, on behalf of Rock Island, including any representation or warranty arising from statute or otherwise in law.
13.02 Governing Law and Jurisdiction. This Agreement is governed and interpreted in accordance with the laws of the state of Washington. The Parties consent to the exclusive jurisdiction of, and venue in, San Juan County, Washington.
13.03 Assignment. Neither Party will assign, delegate, or otherwise transfer its rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of the other Party (to be granted or withheld in its reasonable discretion); except that Rock Island may assign this Agreement in connection with a merger, acquisition, sale of substantially all of its assets or stock, financing, reorganization, or similar transaction. This Agreement will inure to the benefit of the Parties and their permitted successors and assigns.
13.04 Modification and Waiver. No modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, by either Party will be effective unless in writing. The waiver of one breach or default or any delay in exercising any rights will not constitute a waiver of any subsequent breach or default.
13.05 Severability. If any of the provisions of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable under any applicable Law, it will be replaced with the valid provision that most closely reflects the intent of the Parties and the remaining provisions will continue in full force and effect.
13.06 Arbitration: Any dispute involving an amount less than $75,000 between Rock Island and Client shall be subject to mandatory arbitration through the American Arbitration Association, Seattle offices, utilizing its rules and procedures provided for arbitration of Commercial disputes. The expense of such arbitration itself shall be borne equally by the parties; however, each party shall pay for its own cost for experts, evidence and consultant fees. The decision rendered by the arbitrator shall be final and conclusive, and a judgment thereon may be entered into the highest court of the forum so having jurisdiction of the matter. If the amount in dispute is equal to, or exceeds, $75,000, the parties may arbitrate, if they mutually agree to do so, or either party may pursue any other legal or equitable remedy in any court of competent jurisdiction.
13.07 Attorney Fees: In the event of any dispute at arbitration or in litigation under this Agreement, the prevailing party is entitled to reimbursement of its costs and attorneys’ fees (whether incurred at arbitration, at trial or on appeal) from the other party.