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.
Incentives for Fiber Optic Service
If Rock Island installs new fiber optic service and equipment on your property, you have the option of selecting between two types of incentive: The Construction Incentive and the Discount Incentive.
The Construction Incentive is a $1500 credit toward your build cost. Rock Island pays your construction costs up to a maximum of $1500, and you are responsible for all construction costs that exceed $1500.
The Discount Incentive is available if you are willing to cover your entire cost of construction. By agreeing to the Discount Incentive, and paying the full cost of construction, you will receive a $20/mo discount on your monthly subscription rate for as long as you are a customer at that address.
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.