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Terms
of Use
1. AGREEMENT. This is an agreement between Coon Valley Cooperative Telephone
("Coon Valley") and you to provide Coon Valley Cooperative Telephone("the
Service"). By establishing an account or using the Service or equipment,
you agree to be bound by this Agreement and to use the Service in compliance
with Coon Valley's Acceptable Use Policy.
2. TERM. The term of this Agreement is for an initial term of twelve
(12) months. This Agreement will automatically renew on a month-to-month
basis after the end of the initial term unless you notify Coon Valley,
in writing, at least thirty (30) days in advance of the expiration of
your then current term that you intend to cancel the Service. Coon Valley
reserves the right to change the price of the Service at any time with
30 days notice. Prices for other Coon Valley services may change at any
time upon 30 days notice and will be posted on the Coon Valley web site:
www.coonvalleytelco.com.
Current rates may also be obtained by calling (800) 249-5251.
3. THE SERVICE. The Service can vary depending on location, line quality,
Internet traffic, CPU speed, operating system configuration and other
factors beyond the control of Coon Valley. Coon Valley provides the service
on a "best effort" standard and does not guarantee upload or
download speeds.
4. CANCELLATION. If your are dissatisfied with the Service or any related
terms, conditions, rules, policies guidelines, or practices, your sole
remedy is to discontinue using the Service, cancel your account, and pay
any cancellation fees that apply. Termination of the service does not
release you from liability for charges due under this Agreement. To cancel
the Service you must call (641) 524-2111 or write to Coon Valley at 516
Sherman Street, Menol, Ia 50164. Cancellation will be effective at the
end of the current billing period in which notice of cancellation is received.
Upon cancellation, email service will be terminated and all data and files
stored on Coon Valley services will be deleted. Coon Valley may terminate
this Agreement, your password, your account, or your use of the Services
for any reason, including, without limitation, if Coon Valley, in its
sole discretion, believes you have violated the Agreement or if you fail
to pay any charges when due. Termination notice will be by email or US
Mail to the address you provided for the Service. All notices to you shall
be deemed effective on the first (1st) day following the date of the email
or on fourth (4th) day following the date of the mailing. Sections 1,
4,5,7, 8 and 9 of this Agreement shall survive termination of this Agreement.
Minimum 30 day charge for service.
5. PAYMENT. Payment is due as specified on the monthly invoice. Any failure
to pay when due may result in suspension or disconnection of service.
A service fee of $15.00 will be required to reestablish suspended service.
You are responsible for any charges to your account. Questions regarding
charges to an account should be directed to Coon Valley Customer Service
Department at (641) 524-2111. All charges are considered valid unless
disputed in writing within sixty (60) days of the billing date. Adjustments
will not be made for charges that are more than 60 days old. Payments
not received within 30 days are subject to a late payment charge equal
to 1.5% per month.
6. MONITORING THE SERVICES. Coon Valley has no obligation to monitor
the Services, but may do so and disclose information regarding use of
the Services for any reason if Northwest, in its sole discretion, believes
that it is reasonable to do so, including to: satisfy laws, regulations,
or governmental or legal requests; operate the Service properly; or to
protect itself and its subscribers. Coon Valley may immediately remove
your material or information from Coon Valley's servers, in whole or in
part, which Coon Valley, in its sole and absolute discretion, determines
to infringe another's property rights or to violate our Acceptable Use
Policy.
7. DISCLAIMER.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. COON VALLEY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED,
ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. COON VALLEYMAKES
NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION
OR SERVICE PROVIDED THROUGH NORTHWEST OR THE INTERNET GENERALLY. NO ADVICE
OR INFORMATION GIVEN BY COON VALLEY OR ITS REPRESENTATIVES SHALL CREATE
A WARRANTY. COON VALLEY AND ITS EMPLOYEES, OFFICERS AND DIRECTORS ARE
NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM
YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL,
EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
8. INDEMNIFICATION. You agree to indemnify, defend and hold harmless
Coon Valley, its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and against
all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of our Acceptable Use Policy by you.
Each of these individuals or entities shall have the right to assert and
enforce the provisions directly against you on its own behalf.
9. JURISDICTION. This Agreement is governed by and interpreted in accordance
with the laws of the State of Iowa and any applicable Federal laws. The
courts of the Judicial District of Pocahontas, Iowa shall have exclusive
jurisdiction with respect to any proceeding in connection with this Agreement.
10. MISCELLANEOUS. This Agreement, the Acceptable Use Policy, and Coon
Valley's other agreements and policies posted on Coon Valley's Web site
constitute the entire agreement between you and Coon Valleywith respect
to your use of the Service. Northwest may revise, amend or modify the
Agreements at any time and in any manner. Notice of any revision, amendment,
or modification will be posted on Coon Valley's Web site www.ncn.net and/or
by email and/or our various publications and mailings to you. Any revisions,
amendments or modifications must be made in writing and authorized by
Coon Valley's General Manager. No changes to our Agreements and policies
may be made without written and signed authorization from Coon Valley's
General Manager. Your use of our Service constitutes your continued acceptance
of our Agreements and policies. If any provision of our Agreements and
policies are found to be unenforceable or invalid, the remaining provisions
shall be enforceable and valid to the greatest extent permitted by law.
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