GVTC Internet Service Terms & Conditions
These Terms and Conditions are set forth by Guadalupe Valley Telecommunications Cooperative (Company) for the person or entity who makes use of Company's Internet Services and / or products (Customer) and is subject to acceptance by Company. Customer's acceptance is limited to the Terms and Conditions of this offer.
Company shall provide and Customer shall accept Internet Service (all Internet related services provided by Company offered herein and hereinafter are defined as Service or Internet Service) at the applicable rates and charges, subject to the Terms and Conditions specified herein. Company shall provide Customer with an Internet access account ID(s) and phone number(s) by which Customer may use Company's Internet system. Customer shall not have any proprietary right to the access account ID(s) and phone numbers(s) provided to it by Company. Company reserves the right to revise, in its sole discretion, the rates, Terms and Conditions upon at least 30 days' written notice to Customer, such notice to be given at least 30 days' prior to the beginning of the next billing period. Customer agrees to pay for Service pursuant to such revised rates, Terms and Conditions, unless Customer terminates Service in accordance with these Terms and Conditions. Company reserves the right to assign, designate or change access account ID(s) and access phone number(s) when, in its sole discretion, such assignment designation or change is reasonable or necessary in the conduct of its business. Service is subject to transmission limitations caused by atmospheric, topographical and any other like conditions. Additionally, Service may be temporarily refused, limited, interrupted or curtailed due to government, regulations or orders, system capacity limitations, limitations imposed by an underlying communications carrier, or because of equipment modifications, upgrades, repairs or reallocations or other similar activities necessary or proper for the operation or improvement of Company's Internet system.
Company provides each Customer a minimum of one email account. Company reserves the right to terminate any email account if Company determines it has not been used for a period of at least 90 calendar days anytime during the period a Customer maintains GVTC Internet service. Company assumes no liability for lost email messages resulting from the deletion of the email account nor guarantees Customer the same email address if Customer requests their email account be reinstated.
Your broadband Internet access service performance can be affected by a wide range of factors, many of which are beyond the control of GVTC. The capabilities of the server with which you are communicating, the capacity of the network to which that server is attached, the distance and number of routers (or "hops") between your device and the other Internet end point you are contacting, and general congestion on the Internet are common factors that can affect performance, regardless of your service type. Other factors include, but are not limited to, the following:
Wired Services - Service performance may be affected by the wiring inside your dwelling, the distance between your dwelling and a GVTC central office, the capabilities of your computer, and the applications you use.
Wi-Fi Services –GVTC makes no guarantees about Wi-Fi service delivered with a GVTC provided device or a customer purchased device. Service performance may be affected by your proximity to the device, the number of other users/devices connected, the composition of the home/office where the device is located (wood, concrete, etc.), radio frequency interference, the capabilities of your laptop, tablet or other Wi-Fi capable device, and the applications you use.
GVTC's Home/Business Wi-Fi service is designed to provide customers with the highest speed available from the network at any given point in time, subject to the many different factors discussed above that can affect network performance.
2. GVTC DSL AND HIGH SPEED BROADBAND INTERNET FIBER-TO-THE-HOME SERVICE TERMINATION DUE TO LOSS OF LINE SHARING.
The following terms apply to GVTC DSL and High Speed Broadband Internet Fiber-To-The-Home Service:
(a) DSL and High Speed Broadband Internet Fiber-To-The-Home Transport Provided by GVTC affiliate. Service is offered by GVTC DSL access transport services using a line sharing arrangement over a retail telephone line provided by Guadalupe Valley Telephone Company. If you change your provider of telephone service on the line that is used to provide the Service, add a feature or functionality to the line or on the line that is incompatible with the provision of DSL and/or High Speed Broadband Fiber-To-The-Home transport service on the line, or you terminate the telephone line; DSL and/or High Speed Broadband Fiber-To-The-Home transport services will no longer be provided and the Service will be discontinued. In such event, Service will automatically terminate and any applicable Termination Charges will apply. GVTC is under no obligation to request a new line or arrange for the line to be conditioned to support DSL and/or High Speed Broadband Fiber-To-The-Home transport service.
3. USE OF SERVICE AND EQUIPMENT.
Service and equipment are furnished for use by Customer for any lawful purpose. Customer warrants Customer is at least 18 years old.
4. CUSTOMER SERVICE REQUESTS BY ACCOUNT HOLDER ONLY.
A change or discontinuance of Service, will be accepted only from the account holder as shown on the application for Service.
5. LIMITATION OF COMPANY'S LIABILITY
(a) CUSTOMER UNDERSTANDS THAT ALTERNATIVE AND COMPETING INTERNET COMMUNICATIONS CARRIERS ARE AVAILABLE TO CUSTOMER; OCCASIONAL INTERRUPTION OR IRREGULARITIES IN THE SERVICE MAY OCCUR; ANY POTENTIAL HARM FROM INTERRUPTIONS OR IRREGULARITIES IN THE SERVICE IS SPECULATIVE IN NATURE; COMPANY CANNOT OFFER THE SERVICE AT RATES WHICH REFLECT ITS VALUE TO EACH CUSTOMER; AND COMPANY ASSUMES NO RESPONSIBILITY OTHER THAN THAT CONTAINED HEREIN. ACCORDINGLY, CUSTOMER AGREES THAT EXCEPT AS LIMITED BY LAW, COMPANY'S SOLE LIABILITY FOR LOSS OR DAMAGE ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS IN THE SERVICE OR TRANSMISSION OF SERVICE PROVIDED BY COMPANY OR ANY UNDERLYING COMMUNICATIONS CARRIER, OR FOR LOSSES OR DAMAGES ARISING OUT OF THE FAILURE OF COMPANY OR ANY UNDERLYING COMMUNICATIONS CARRIER TO MAINTAIN PROPER STANDARDS OF MAINTENANCE AND OPERATION SHALL BE AS FOLLOWS: (1) A CREDIT ALLOWANCE AS DESCRIBED IN SUBSECTION 4 (a) (3) BELOW, WILL BE MADE AT CUSTOMER'S REQUEST IN THE FORM OF A PRO-RATA ADJUSTMENT OF THE FIXED MONTHLY CHARGES BILLED TO CUSTOMER. FIXED MONTHLY CHARGES ARE THE MONTHLY CHARGES FOR ACCESS AND OPTIONAL FEATURES PER ACCESS ACCOUNT ID, ALL AS DESCRIBED IN THE SCHEDULE OF RATES AND CHARGES IN EFFECT AT THE TIME OF INTERRUPTION. (2) SUCH CREDIT ALLOWANCE WILL BE BASED UPON THE PERIOD OF THE TIME WHICH SUCH MISTAKES, OMISSIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICE OR ITS TRANSMISSION CAUSED INTERRUPTIONS IN THE RENDERING OF THE SERVICE. ANY SUCH PERIOD OF TIME AN INTERRUPTION OCCURS WILL BE MEASURED FROM THE TIME IT IS REPORTED TO COMPANY. CONCERNING CREDITS, NEW CUSTOMERS SHOULD NOTIFY A GVTC CUSTOMER SERVICE REP (NOT TECHNICAL SUPPORT) IF THE CUSTOMER IS UNABLE TO ESTABLISH THEIR CONNECTION WITHIN 30 DAYS AFTER ACCOUNT ACTIVATION. CREDITS WILL NOT BE GIVEN ON ANY ACCOUNT FOR A LENGTH OF TIME OVER 30 DAYS. IN THE EVENT ANY CUSTOMER IS AFFECTED BY AN INTERRUPTION FOR A PERIOD OF LESS THAN 24 HOURS, NO SUCH ADJUSTMENT SHALL BE MADE. WHEN AN INTERRUPTION EXCEEDS 24 HOURS, THE LENGTH OF THE INTERRUPTION WILL BE MEASURED IN 24 HOUR DAYS. A FRACTION OF A DAY CONSISTING OF LESS THAN 12 HOURS WILL NOT BE CREDITED, BUT A PERIOD OF 12 HOURS OR MORE WILL BE CONSIDERED AN ADDITIONAL DAY. (3) THE CREDIT ALLOWANCE WILL BE COMPUTED BY DIVIDING THE LENGTH OF THE SERVICE INTERRUPTION BY A STANDARD 30 DAY MONTH AND THEN MULTIPLYING THE RESULT BY COMPANY'S FIXED MONTHLY CHARGES FOR EACH INTERRUPTED ACCESS ACCOUNT ID. IN NO CASE WILL THE CREDIT EXCEED THE FIXED MONTHLY CHARGES. (4) A CREDIT ALLOWANCE WILL NOT BE GIVEN FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS, OR CURTAILMENTS IN THE SERVICE CAUSED BY THE NEGLIGENCE OR WILLFUL ACT OF CUSTOMER OR OTHER PARTIES, OR MISTAKES, OMISSIONS INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS CAUSED BY FAILURE OF EQUIPMENT OR SERVICE NOT PROVIDED BY COMPANY. (5) THE SERVICE FURNISHED BY COMPANY, IN ADDITION TO THE LIMITATIONS SET FORTH PRECEDING, IS ALSO SUBJECT TO THE FOLLOWING LIMITATION: THE LIABILITY OF COMPANY FOR LOSS OR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICE, ITS TRANSMISSION OR FAILURES OR DEFECTS IN FACILITIES OF THE UNDERLYING COMMUNICATIONS CARRIER, OCCURRING IN THE COURSE OF FURNISHING SERVICE AND NOT CAUSED BY THE NEGLIGENCE OF THE AUTHORIZED USER, OR THE UNDERLYING COMMUNICATIONS CARRIER IN FAILING TO MAINTAIN PROPER STANDARDS OF MAINTENANCE AND OPERATION AND TO EXERCISE REASONABLE SUPERVISION, SHALL IN NO EVENT EXCEED AN AMOUNT EQUIVALENT TO THE PROPORTIONATE FIXED MONTHLY CHARGE TO THE AUTHORIZED USER FOR SERVICE DURING THE PERIOD OF TIME IN WHICH SUCH MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS IN SERVICE, ITS TRANSMISSION, OR FAILURES OR DEFECTS IN FACILITIES FURNISHED BY COMPANY OR THE UNDERLYING COMMUNICATIONS CARRIER OCCURRED.
(b) Company shall in no event be liable for Service or equipment interruptions or delays in transmission, errors or defects in Service or equipment, when caused by acts of god, fire, war, riots, government authorities, default of supplier, or other causes beyond Company's or any underlying communications carrier's control.
(c) Customer acknowledges that Internet systems use public access facilities to transmit voice and data communications and that the Service may not be completely private. Company is not liable to Customer for any claims, loss, damages or cost which may result from lack of privacy on the system.
(d) Customer acknowledges that Internet systems may carry material which may be considered abusive, profane or sexually offensive and that Company is not liable to Customer for any claims, loss, damages or cost which may result from such material.
(e) Customer hereby agrees to indemnify and save Company harmless against claims for libel, slander, or infringement on copyright from the material in any form over its facilities by Customer or those using Customer's equipment; against claims for infringement of patents arising from combining or using apparatus or systems of Customer with the facilities of Company or any communications carrier; and against all other claims arising out of any act or omission of Customer in connection with the facilities or Service provided by Company.
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES.
(a) CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY IS NOT THE MANUFACTURER OF EQUIPMENT AND INTERNET PACKAGE SOFTWARE, AND COMPANY HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, IN CONNECTION WITH THE EQUIPMENT OR SERVICE OR INTERNET PACKAGE SOFTWARE (WHETHER PURCHASED OR LEASED BY CUSTOMER FROM COMPANY OR ANOTHER), INCLUDING BUT NOT LIMITED TO ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF SUITABILITY, DURABILITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY TO THE EXTENT PERMITTED BY LAW ASSIGNS TO CUSTOMER ANY AND ALL MANUFACTURERS' WARRANTIES RELATING TO EQUIPMENT OR INTERNET PACKAGE SOFTWARE PURCHASED BY CUSTOMER, AND CUSTOMER ACKNOWLEDGES RECEIPT OF ANY AND ALL SUCH MANUFACTURERS' WARRANTIES
(b) CUSTOMER ACKNOWLEDGES AND AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH ANY DEFECTS IN THE EQUIPMENT OR SOFTWARE, INCLUDING MANUFACTURE OR DESIGN, SHALL BE AGAINST THE MANUFACTURER OF THE EQUIPMENT OR SOFTWARE UNDER THE MANUFACTURER'S WARRANTIES AND THAT COMPANY SHALL HAVE NO LIABILITY TO CUSTOMER IN ANY EVENT FOR ANY LOSS, DAMAGE, INJURY, OR EXPENSE OF ANY KIND OR NATURE RELATED DIRECTLY OR INDIRECTLY TO ANY EQUIPMENT OR SOFTWARE OR SERVICE PROVIDED HEREUNDER. WITHOUT LIMITING THE ABOVE, COMPANY SHALL HAVE NO LIABILITY OR OBLIGATION TO CUSTOMER, IN EITHER CONTRACT OR TORT, FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED BY CUSTOMER, SUCH AS, BUT NOT LIMITED TO, CLAIMS OR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF ANTICIPATED PROFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSSES OF ANY KIND INCURRED BY CUSTOMER DIRECTLY OR INDIRECTLY RESULTING FROM OR RELATED TO ANY EQUIPMENT OR SERVICE OR SOFTWARE DESCRIBED HEREUNDER, WHETHER OR NOT CAUSED BY COMPANY'S NEGLIGENCE, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. ANY REFERENCES TO EQUIPMENT OR SOFTWARE IN THIS PARAGRAPH SHALL BE DEEMED TO APPLY TO ALL EQUIPMENT OR SOFTWARE PURCHASED BY CUSTOMER OR LEASED BY CUSTOMER FROM COMPANY OR ANOTHER LESSOR. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
7. INDEMNIFICATION AND RELEASE.
Customer agrees to release, defend, indemnify and hold harmless Company, its officers and employees, to the full extent permitted by law from and against any and all claims, damages, liabilities and expenses, including legal and attorney fees, of any nature arising directly or indirectly out of this relationship, including, without limitation, claims for personal injury or wrongful death to Customer or users of the equipment, products or services provided by Company or sued in conjunction with such equipment, products or services provided by Company and arising out of the manufacture, purchase, operation, condition, maintenance, installation, return or use of the equipment or Service, or arising by operation of law, whether the claim is based in whole or in part on negligent acts or omissions of Company, its agents or employees.
8. OPERATING RULES.
Customer agrees to abide by the Acceptable Use Policy of Company which is subject to change from time to time. A current Acceptable Use Policy will be maintained at GVTC.COM's web site.
9. RATES AND CHARGES.
Unless otherwise agreed by Company, Customer will be billed in advance for monthly access base rate charges and in arrears for simultaneous log-ons, bandwidth and disk use charges.
(a) Payment is due to Company each month on the same number day of the month as the GVTC telephone bill. This date is 16 days after the postmark date, or the issuance date on the bill if there is no postmark. For additional payment information see page 30 of the GVTC telephone directory.
(b) Customer shall be responsible for payment of charges for all Services furnished by Company, including without limitation, Service establishment fees, Service connection charges and charges for enhanced features, sales and use taxes, other taxes required by law, fees or other extraction imposed by or for any municipal or other political authority against Company. Rates and charges shall be based on prices in effect at the time Service is furnished. All set-up fees are non-refundable including the $20.00 set-up fee for the basic Internet account
(c) Payments received after the due date may incur a late payment charge of the lessor of 1.5% per month or the highest rate permitted by law of the unpaid balance for each month or fraction thereof that such balance shall remain unpaid.
(d) In the event that Customer's equipment is lost, stolen or otherwise absent from Customer's possession and control, Customer shall nonetheless by liable for all use and other charges attributable to the Internet access account ID until such time as Company is notified of the loss, theft, or other occurrence.
(e) When payment for Service or equipment is made by check, draft, credit card account or other negotiable instrument, a charge of $20 may be made by Company for each time such item is returned unpaid to Company for any reason except to the extent limited by law.
10. DEFAULT AND WAIVER.
(a) In the event that Customer shall default in the payment when due of any sum due hereunder, or in the event of any default or breach of these Terms and Conditions, or if any proceeding in bankruptcy, receivership or insolvency or petition for receivership shall be instituted by or against Customer, Company, at its option, may:
(i) Proceed by appropriate court action or actions to enforce performance by Customer of the applicable covenants and Terms and Conditions or to recover damages for the breach thereof; and/or
(ii) Terminate this Service relationship, whereupon all rights and interests of Customer shall terminate and Customer shall remain liable for all Services provided.
(b) Customer shall pay to Company on demand any and all past due amounts which Company may sustain by reason of such default or breach by Customer, together with all other charges as provided by these Terms and Conditions reasonable attorney's fees incurred by Company in connection with such breach or default by Customer and all other costs and expenses incurred by Company in collecting such amounts. All amounts shall be payable by Customer without set off or deduction of any kind.
(c) The remedies provided in favor of Company in the event of default shall not be deemed to be exclusive but shall be in addition to all other remedies in its favor existing at law.
(d) No failure on the part of Company to exercise any right or remedy arising directly or indirectly under these Terms and Conditions shall operate as a waiver of any right or remedy it may have nor shall an exercise of any right or remedy by Company preclude any other right or remedy Company may have.
Neither these Terms and Conditions nor Customer's rights hereunder shall be assignable by Customer except with Company's prior written consent. The Conditions hereof shall bind any permitted successors and assigns of Customer.
12. ENTIRE TERMS AND CONDITIONS AND GOVERNING LAW.
Customer acknowledges that these Terms and Conditions contain the entire understanding between the parties relating to the Services and/or equipment described herein and that Company and its employees have not made orally or in writing any representations, warranties or agreements inconsistent with the Terms and Conditions herein. This Terms and Conditions supersede all prior Terms and Conditions and understandings, both oral and written, with respect to the subject matter hereof. Company may, at its sole discretion, modify these Terms and Conditions. Customers continued use of Company's Service signifies Customer's acceptance of the Terms and Conditions. Customer agrees to notify Company within 30 days of any change of Customer's address. These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the state of Texas, County of Comal.
13. SEVERABLE PROVISIONS.
If any part of these Terms and Conditions is contrary to or prohibited by or deemed invalid under applicable laws and regulations of any applicable jurisdiction, the remaining provisions and parts thereof shall remain and be construed in full force and effect to the extent permitted by law.
14. RENEWAL AND TERMINATION.
Unless Customer or Company terminates Service as provided herein, these Terms and Conditions shall renew on a month-to-month basis. Company reserves the right not to renew these Terms and Conditions at any time prior to the conclusion of the initial or any renewal term by giving Customer notice of same.