The service agreement you are viewing provides terms and conditions relevant to the products/services you are ordering.
Arkwest Communications telephone service is furnished and governed by a General Exchange Tariff submitted to and approved by the Arkansas Public Service Commission. Additional operational Rules and Regulations governing utility services are also promulgated and enforced by the Arkansas Public Service Commission and other regulatory bodies. By the use of the regulated services provided by Arkwest, customers agree to be bound by these rules and regulations, along with general business policies and procedures of Arkwest Communications.
Full copies of the General Exchange Tariff and other utility Rules and Regulations are on file and may be viewed at the office of Arkwest Communications or on-line at the Arkansas Public Service Commission web site: http://www.state.ar.us/psc.
Internet Access/TV Service Contract Terms and Conditions
Term of Contract
Unless otherwise terminated or canceled as provided herein, the term hereof shall commence on the earlier of the effective date of this Contract or the date of activation. The effective date of this Contract shall be the date of Arkwest’s acceptance hereof. This contract shall continue until completion of said Contract or until terminated / canceled by either party upon written notice. Customer shall remain responsible for payment of all applicable charges or fees prior to the effective date of termination / cancellation. The charges set forth may be changed by Arkwest, by providing written notice thirty (30) days in advance.
Support services include support via electronic mail and telephone.
There are no warranties expressed or implied, oral or written, in fact, by operation of law or otherwise, except as herein expressly stated. In no event shall Arkwest, its agents or contractors, be liable for any indirect, special or consequential damages, including, but not limited to loss of any anticipated profits or other economic loss in connection with or rising out of the existence, furnishing, function, or the use of any item of equipment or service provided for in this contract.
Arkwest exercises no control and assumes no liability whatsoever over the content accuracy or quality of information accessed.
Any access to other networks through Arkwest must comply with the rules appropriate for that network.
Arkwest Internet Access may only be used for lawful purposes. Transmission of any material in violation of any government regulation is prohibited. This includes, but is not limited to, copyrighted material, material locally judged to be threatening or obscene, or material protected as a trade secret. Arkwest is not liable for any claims resulting from Customer use or misuse.
Any attempt to access or modify unauthorized internet or TV computer system information, or to interfere with normal system operations, whether on the equipment of Arkwest or any computer system or network that is accessed via the service, will result in the immediate suspension of services. Unauthorized activities include, but are not limited to, using unauthorized passwords, accessing information which does not have public access permission, and accessing any computer system or TV program (channel) for which the Customer has no authorization.
Multiple simultaneous login’s by Dial-up customers using a single user ID is strictly prohibited. Customers in violation of this restriction are subject to immediate suspension.
Arkwest’s dial-up modems are maintained in sufficient quantities to allow reasonable access to all customers without excessive sign-on delays. In order to assure equal access to all customers we reserve the right to momentarily disconnect a user during an extended length session or during extended idle time.
Payment Terms for Dial-up/DSL/TV Account Customers. Customers shall pay in advance for one (1) month of service unless waived by Arkwest. Payment of all charges, fees, taxes, and any other applicable charges are due and payable thirty (30) days from date of invoice. Invoices remaining unpaid after the due date are subject to a five dollar ($5) late fee and suspension of services..
Customers shall be invoiced, billed and pay for all sales, use excise, and personal property taxes, if any, and all taxes based on or in any way measured by this Contract, on the equipment or any portion thereof, or any service related thereto, excluding taxes based on the net income of Arkwest. If the customer elects to challenge the applicability of any such tax, it shall pay the total tax to Arkwest and the customer may thereafter challenge such tax and seek a refund thereof.
Suspension / Termination / Cancellation
Arkwest may suspend / terminate / cancel this Contract if:
- Customer fails to pay Arkwest any charges or fees;
- Customer is in default on any other provision hereof;
- Customer becomes insolvent or seeks protection, voluntarily or involuntarily, under any bankruptcy law.
In the event of any termination / cancellation hereof, Arkwest may:
- Declare all amounts owed hereunder to Arkwest be immediately due and payable; and
- Cease performance of all Arkwest’s obligations hereunder without liability to Arkwest. Arkwest’s foregoing rights and remedies shall be cumulative and in addition to all other rights and remedies available to Arkwest in law and in equity.
Customer shall not assign this Contract, nor any interest therein, without the prior written consent of Arkwest. Any such assignment without such written consent shall be void, and the Contract may be terminated at the sole option of Arkwest.
Any claim arising out of or related to this Contract must be brought no later than one (1) year after the claim has accrued.
This contract shall be governed by and in accordance with the laws of the State of Arkansas. Venue shall be Yell County, Arkansas.
This Contract is entire within its written terms and no previous or contemporaneous oral agreements between the parties theretofore have any force or effect.
No term or provision of this Contract shall be modified except by a written agreement signed by both parties bound hereto, except as provided herein.
All notices provided herein shall be deposited in the U. S. Mails, first class or certified postage, prepaid.
DSL Internet Services
Arkwest Communications cannot provision DSL service to customers who operate or intend to operate "servers" for the purpose of providing gaming sites, etc.
Arkwest reserves the right to re-provision customers to lower speeds at any time if customer usage significantly impedes overall network bandwidth in any way.
Arkwest can only provide DSL service to customers who receive Arkwest Telephone service. A telephone line is required for all DSL service accounts. Standard telephone line charges shall be applicable to all internet accounts. DSL speeds may vary and cannot be guaranteed continuously. Customers must have NIC cards installed in their local computer to be compatible with DSL service. Arkwest can direct customers to businesses/individuals capable of performing NIC card installations but does not warranty or represent the quality of workmanship of these businesses/individuals in any way. NIC cards should NOT be installed until Arkwest has notified the customer that their line has been pre-qualified for DSL/Wireless.
All applications must be pre-qualified before service can be connected. Such qualification may include a visit to the customer premises. In the event that a customer resides in a location which cannot be provided DSL service, no charges will be applied for pre-qualification.
Customer understands that Arkwest provides a DSL modem and other equipment with the provision of this service. This equipment must be returned by the customer if this service is discontinued for any reason. In the event that such equipment is not returned within 30 (thirty) days from disconnect date, customer will be charged a $200.00 salvage fee for the value of the modem
There is an inherent danger of being hacked with DSL service. Arkwest Communications is not responsible for consequences of such hacking. Customer should take appropriate precautions to prevent such hacking.
DSL service is available in limited areas. Actual downstream and upstream throughput speeds will vary. The downstream and upstream access speed or sync rate is measured between network interface device at customer's location and the DSL-equipped Central Office or Remote Terminal. The actual speed achieved will depend on several factors, including line conditions and loop length.
Further details on offers/packages will be provided during enrollment and registration. Acceptance of Terms of Service required.
Arkwest TV Service
Arkwest TV service is provisioned utilizing high speed data streams over standard telephone lines within certain areas of the Arkwest Telephone service area. Arkwest TV service is available to customers who reside in a location where the data signal strength is sufficient to provide suitable service and data speed. A telephone line is required for all TV service accounts. Standard telephone line charges shall be applicable to all TV accounts.
All applications must be pre-qualified before service can be connected. Such qualification may include a visit to the customer premises. In the event that a customer resides in a location which cannot be provided TV service, no charges will be applied for pre-qualification.
Customer understands that Arkwest provides a DSL modem/router, a set-top box for each TV set, and other equipment with the provision of this service. This equipment must be returned by the customer if this service is discontinued for any reason. In the event that such equipment is not returned within 30 (thirty) days from disconnect date, customer will be charged a salvage fee for the value of the equipment as set out below:
- Each Comtrend DSL modem/router $75.00
- Each Amino Set-top box $150.00;
- Each Digital Video Recorder $225.00
- Each Remote Control $15.00
Arkwest television service is an information service that combines transport from Arkwest Communications and video services from Arkwest and other programmers. Further details on offers, packages, services, and service terms and conditions will be provided during service application. Acceptance of Terms of Service required.