YOUR USE OF THE SERVICE WILL CONSTITUTE YOUR ACCEPTANCE OF ALL THE FOLLOWING TERMS, AND THOSE CONTAINED IN OUR HIGH SPEED INTERNET AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, CANCEL YOUR ACCOUNT BY CALLING (802) 885-9002 IMMEDIATELY. FOR THE PURPOSE OF THIS AGREEMENT VTEL INTERNET INCLUDES ANY COMPANY THAT IS IN ANY WAY AFFILIATED BY COMMON OR OVERLAPPING OWNERSHIP WITH VTEL INTERNET.
1. LIMITED WARRANTY. The accuracy, completeness, timeliness or correct sequencing of the information obtained from our service is not guaranteed by VTel Internet or any parties transmitting the information (“Information Transmitters”). There may be delays, omissions or inaccuracies in the information. You agree that neither VTel Internet, the Information Providers nor the Information Transmitters shall have any liability contingent or otherwise, for the accuracy, completeness or correct sequencing of the information, or for any decision made or action taken by you in reliance upon the information of the service, or for the interruption of any data, information or aspect of the service. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF NONINFRINGEMENT. THERE IS NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE SERVICE (INCLUDING BUT NOT LIMITED TO INFORMATION ACCESS AND ORDER EXECUTION).
2. LIMITATIONS OF LIABILITY. IN NO EVENT WILL VTEL INTERNET, THE INFORMATION PROVIDERS OR THE INFORMATION TRANSMITTERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT LOSSES AND/OR DAMAGES THAT RESULT FROM THE INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICE OR SERVICE CONTENT. EVEN IF VTEL INTERNET, THE INFORMATION PROVIDERS OR THE INFORMATION TRANSMITTERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE THAT THE LIABILITY OF VTEL INTERNET, THE INFORMATION PROVIDERS AND THE INFORMATION TRANSMITTERS ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION, WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SERVICE. Neither VTel Internet, the Information Providers or the Information Transmitters shall be liable for any loss resulting from a cause over which such entity does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, severe weather, earthquakes, and strikes or other labor problems. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
3. PROPRIETARY INFORMATION. The information is the property of the Information Providers or others and may be protected by copyright. You agree not to reproduce, re-transmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the copywritten Information in any manner without the express written consent of VTel Internet and the relevant Information Provider(s); nor to use the Information for any unlawful purpose. You agree to comply with reasonable written requests by VTel Internet to protect VTel Internet’s respective contractual, statutory and common-law rights in the Information and the service.
4. ACCESS, PASSWORDS, AND SECURITY. Your Internet service is for your own use and may not be shared among multiple households. You agree immediately to notify VTel Internet if you become aware of any of the following:
A. Any loss or theft of your user name(s) and or password(s).
B. Any unauthorized use of any user name(s), password(s) or of the service.
C. Any use by neighbors, other families, or any other users outside of your household.
You will be responsible for the confidentiality and use of your user name(s) and password(s). You will be responsible for all activities entered through your user name(s) and password(s), and any requests so received by VTel Internet will be deemed to have been received from you. Anyone found logged into 2 modems simultaneously, with the same username, will be automatically billed for (2) full Internet accounts for the month.
5. SOFTWARE BROWSERS AND DATA TRANSMISSIONS. You acknowledge that the transmission of data on the Internet, including email and personal financial data, is not secure and may be accessed by unauthorized third parties. You acknowledge that VTel Internet is not responsible for notifying you of any upgrades, fixes or enhancements to any “browser” software or for any compromise of data transmitted across the Internet.
6. SUBSCRIPTION, SERVICE, USE FEES. You agree to pay all subscription, service, and use fees, if any, which you are charged by VTel Internet for the service and agree that such fees may be changed without notice. You agree to pay all costs (attorney’s fees), if any, incurred by VTel Internet in collecting overdue fees from you. You also agree to pay all federal, state and local taxes applicable to your use or receipt of the service. Your account is activated upon receipt of your first payment (applies to invoice billing customers only) or when the order is placed (applies to all other billing methods) and will be active and billed until you contact us in writing to disconnect your service, or until we disconnect the service. The initial payment for service is non-refundable. There are no “set-up” fees, however your initial sign-up payment covers the cost of creating your account and your initial partial and subsequent month of service. Written termination notice may be delivered by hand, by US Mail, by any courier service, to: VTel Internet, 354 River Street, Springfield, VT 05156 or by electronic media. Service will be invoiced monthly and paid one month in advance. The initial month of service will be prorated and billed in the initial bill. Payment is due on the 1st of every month. Accounts are in default if payment is not received by the 10th day of the month. An account in default may be deleted. If your account is deleted, you will be treated as a new customers and all “new” customer fees must be paid prior to re-activating of your service. VTel Internet reserves the right to limit your on-line time. This service is “unmetered” but not unlimited.
7. LOCKED or DELETED ACCOUNTS. If there is a restriction on your account(s), you will not be able to use the service until the account is unlocked. VTel Internet reserves the right in its sole discretion to request a cash deposit to unlock the account, VTel Internet will not be responsible for any delay or failure to provide the service in the event there is a lock placed on your account(s) or you delay or fail to make such deposit.
8. INDEMNIFICATION. You agree to defend, indemnify and hold VTel Internet from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of this Agreement or any third-party’s rights, including but not limited to your infringement of any copyright, your violation of any proprietary right, and your invasion of any privacy rights. This obligation will survive the termination of this agreement.
9. OUR ABILITY TO TERMINATE SERVICES. VTel Internet reserves the right to terminate your access to the service or any portion of it in sole discretion, without notice and without limitation, for any reason whatsoever, including but not limited to the unauthorized use of your user name(s) and password(s), breach of this Agreement, and the discontinuance of VTel Internet’s access to any Information or data from any Information Provider, or termination of one or more agreements between VTel Internet and Information Providers, the Information Transmitters. In the event of a termination by VTel Internet, VTel Internet shall have no liability to you, provided, however, that if the termination is without cause, VTel Internet will refund the pro-rated portion of any fee which may have been paid by you for the portion of the Service not furnished to you as for the date of such termination.
10. INDIVIDUAL USE OF INFORMATION. As a condition of being approved to use our services, you represent and agree that the following statements are and will continue to be true for as long as you use our services. Your account can be used by you and your immediate family only.
A. Storage of web pages for other people is prohibited.
B. Resale of our services is prohibited. *
C. Sharing of services is prohibited. *
* Our services provide one login account per customer, which is to be used ONLY for customer or immediate family. This account is non-transferable and should not be used by anyone other than the customer or immediate family. Because VTel is building, installing, and implementing a fiber network with speeds of GigE and higher at low costs to customers, we prohibit any individual or business from using these facilities to share or resell voice, data, video, or other services without our express written permission and prices adapted accordingly. This applies to all access mediums, fiber, copper, and wireless; and whether the user is for-profit or non-profit.
11. RESTRICTIONS ON USE. The Service is a consumer grade service and is not designed for or intended to be used for any commercial purpose. You may not resell, re-provision or rent the Service, (either for a fee or without charge) or allow third parties to use the Service via wired, wireless or other means. For example, you may not provide Internet access to third parties through a wired or wireless connection or use the Service to facilitate public Internet access (such as through a Wi-Fi hotspot), use it for high volume purposes, or engage in similar activities that constitute such use (commercial or non-commercial). If you subscribe to a VTel Internet service, you may connect multiple computers/devices within a single home to your modem and/or router to access the service, but only through a single VTel-issued IP address. You also may not exceed the bandwidth usage limitations that VTel may establish from time to time for the service, or use the service to host any type of server. Violation of this section may result in bandwidth restrictions on your Service or suspension or termination of your service, at VTel’s sole discretion.
A VTel Internet connection shall not be used to:
- Access any other person's computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; 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 hosts, networks, or accounts without express permission to do so;
- Use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
- Copy, distribute, or sublicense any proprietary software provided in connection with the Service by VTel or any third party, except that you may make one copy of each software program for back-up purposes only;
- Distribute programs that make unauthorized changes to software (cracks);
- Use or run dedicated, stand-alone equipment or servers from the Premises that provide network content or any other services to anyone outside of your Premises local area network (“Premises LAN”), also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers;
- Use or run programs from the Premises that provide network content or any other services to anyone outside of your Premises LAN, except for personal and non-commercial residential use;
- Service, alter, modify, or tamper with the VTel Equipment or Service or permit any other person to do the same who is not authorized by VTel.
12. SERVICE AND BANDWIDTH AVAILABILITY AND SPEED. The Service you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the service even if initial testing showed that your line was qualified. We will provision qualified high-speed Internet lines at the rate available to your location based on our standard line qualification procedures, unless you have selected a level of service with a different line rate. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to the network will vary depending upon the number, type and configuration of devices using the service, and the type of use (e.g., streaming media), among other factors. The speed of the service will vary based on network or Internet congestion, your computer configuration, your use of VTelevision video service, the condition of your telephone line and the wiring inside your location, among other factors. We and our suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the service to perform maintenance activities and to maintain session control.
13. CHANGES TO YOUR LOCAL VOICE TELEPHONY SERVICE. If you change your local telephone company or discontinue your local telephone service, we may in our discretion either terminate your service or continue to provide VTel Internet service without local VTel voice service at the then-current rates, terms and conditions applicable to your new service plan and you agree to pay any new or higher monthly fee that may apply to your new Service plan. If we elect to terminate your service, then we reserve the right to charge any early termination fees and to apply the equipment return terms.
14. CONVERSION FROM DSL SERVICE TO VTEL GIGE INTERNET SERVICE. When VTel is able to provision Service utilizing fiber optic technologies, we may in our discretion terminate your DSL Service and cease offering DSL Service to your location. In such case, we will offer you VTel GigE Internet Service at the then applicable rates and terms, which may differ from your previous DSL Service rates and terms. If you are on a Term Plan and VTel terminates or ceases to offer service to your location, you shall not be liable to pay the ETF.
15. EMAIL AND WWW COMMUNICATIONS. The service provides you with the capability to send email and other data directly to the Internet. You agree to the following terms with respect to your use of email through the service:
- You acknowledge that email and other data transmitted on the Internet is not secure and may be accessed by unauthorized third parties. In no event will VTel Internet be liable for any costs, damages, expenses or any other liabilities incurred by you or other parties as a result of any such unauthorized access by third parties;
- VTel Internet reserves the right to review or retain your email messages to monitor the quality of Service you receive, your compliance with this Agreement and the security of the service. In no event will VTel Internet be liable for any cost, damages, expenses or any other liabilities incurred by you as a result of such activities by VTel Internet;
- You will not use email of the service for any purpose which is unlawful, abusive, harassing, libelous, defamatory, obscene, or threatening. You will not use the Service to solicit VTel Internet customers or others or participate in the solicitation of VTel Internet customers or others for any purpose.
- AT NO TIME WILL YOU SEND UNSOLICITED EMAILS FROM YOUR ACCOUNT. EMAIL THAT CREATES A COMPLAINT WILL BE CONSIDERED UNSOLICITED. “SPAM” VIOLATION WILL RESULT IN IMMEDIATE DELETION OF THE OFFENDING ACCOUNT.
- You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining permission of the holders of such rights.
- You will not in any way express or imply that the opinions in your email messages are endorsed by VTel Internet without the prior written consent of VTel Internet.
- You will not in any way express or imply that the opinions or contents of your web pages are endorsed by or in any way related to VTel Internet without the prior written consent of VTel Internet.
- VTel Internet reserves the right to restrict or remove information on our server containing any subject considered in poor taste, offensive or containing sexually explicit or graphical content, or subjects related to activities that can threaten the security of our network.
- Email messages stored on VTel Internet servers, that are older than one year, will be automatically removed.
16. GENERAL. You acknowledge that, in providing you with Internet access, VTel Internet has relied upon your agreement to be bound by the terms of this agreement. You further acknowledge that you have read, understood and agreed to be bound by the terms of this Service Agreement.
17. ON-LINE SERVICES. This agreement may be modified at any time. VTel Internet will send written notice, via email or otherwise, of a modification. Your use of the Service after receiving such notice will indicate your acceptance of the modification. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the state of Vermont, as applied to agreements entered into and completely performed in Vermont.
VTel is not responsible for any charges incurred by you, the Internet customer, for Local Measured Service or any other telephone-related charges (not excluding long distance calls) used while on-line with our Internet service or any other charges you might incur. You are subject to and responsible for any Local Measured Service charges as applied from your local telephone company. Just a reminder, phone calls to our technical support number, (802) 885-9002 may be long distance for you.