Internet Service Agreement

Thank you for choosing MID-RIVERS TELEPHONE COOPERATIVE, INC. d/b/a MID-RIVERS COMMUNICATIONS (“Company”), 904 C Avenue, Circle, MT 59215, as your Internet Service Provider. Before you can begin using the Company’s Internet Service (“Service”), you must read and indicate your consent to the terms and conditions of the following Internet Service Agreement (“Agreement”), as well as to the Company’s Online Policies. YOUR USE OF THE COMPANY’S INTERNET SERVICE WILL CONFIRM YOUR CONSENT TO THESE TERMS AND CONDITIONS, AS WELL AS YOUR ACCEPTANCE OF ANY AND ALL CHANGES THE COMPANY MAY MAKE TO THE AGREEMENT AND ONLINE POLICIES IN THE FUTURE.  This Agreement and the Company’s Online Policies provide the terms and conditions for you (as ”Customer”) and for the Company. If you do not consent to these terms, you cannot use the Service.

I. Terms of Internet Access Agreement

1. To make your use of the Service as enjoyable as possible, in addition to the terms and conditions of this Agreement, the Company requires all subscribers to abide by the rules of conduct described in the Company’s Online Policies. You agree to abide by the Company’s Online Policies and agree that those policies are incorporated into this Agreement by reference. Please take the time to familiarize yourself with these policies.

2. You are responsible for complying with this Agreement and Online Policies. You are also responsible for the actions of others who may be using the Service under your account. You must respond in a timely manner to complaints concerning the misuse of the Service obtained from the Company. If the Company is alerted to, or otherwise becomes aware of violations or potential violations of its Service Agreement and/or Online Policies, the Company will take whatever reasonable measures it deems necessary and appropriate to stop or prevent those violations.

3. Current Account Charges, including billing methods, may be found on the Company’s website at www.midrivers.com or may be obtained by calling the Company’s Customer Service at 1-800-452-2288.

4. You agree that the Company may: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates and account surcharges; and (3) revise the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately on posting of the revised Agreement on the Company’s website, or on notification to you by e-mail, United States mail, on your billing statement, or other reasonable means.

5. You acknowledge that this Agreement, and any revisions or updates to this Agreement, are available to you for your review. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by contacting the Company. Notice of your termination will be effective on receipt by the Company.

6. You agree that, by continuing to use the Service following notice of any revision to the Agreement, you accept any such revisions and agree to abide by any such revisions.

7. The Company reserves the right to distribute informative e-mails, in-browser notifications, or other reasonable forms of online communications to our subscribers on an ad hoc basis that it feels is pertinent to the quality of our Service. These announcements are predominately informative in nature and provide our subscribers with notification describing changes, upgrades, and other critical information.

8. You have agreed to have the Company provide Internet access Service. The Company agrees to provide Services with speeds up to the speeds you select at the time of sign-up (if applicable). You agree, as a user, that actual speeds may vary.

II. Registration Information

1. You agree to provide the Company with accurate, complete and updated registration information. If you do not provide the Company with accurate registration information, your account may be terminated.

2. YOU AGREE THAT BY USING THE ACCESS SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

III. Internet Access Service

1. Service is furnished for use by you or your authorized representative. The Company’s Service will provide you with (1) connectivity to the Internet through the Company’s Internet Access Service; and (2) free customer technical phone support for the standard Internet Service up to and including the one (1) wired modem or equivalent. Unless otherwise stated, the demarcation point for Company’s Internet Service is the RJ45 cable at the wired modem (or equivalent for services not requiring a modem).

2. Support for individual Internet Service troubles requiring a technician to go to the customer’s premise will be free of charge during regular Company business hours and is typically available on the same or the next business day. For individual Internet Service troubles requesting a response outside of the Company’s regular business hours, After Hours Internet Response service is available for $19.95 per month or for a non-recurring $250 trip fee. Free remote support and troubleshooting for the Service is available 24 hours a day, including weekends and Holidays, by calling 1-800-452-2288.

3. Company’s Internet plans may include monthly data usage allowances and/or data usage charges in addition to a monthly plan or network access charge. Applicable usage charges are detailed in each Service plan description on the Company’s website and in other documentation that may be provided to the customer at the time of sign-up. Free usage monitoring tools are provided to Company’s Internet customers through in-browser notifications and our SmartHub online account management tool, which is also available as a mobile device app. To review the Company’s Open Internet Policy please visit www.midrivers.com/open-internet-policy/.

4. The Internet is not owned, operated or managed by or in any way affiliated with the Company or any of the Company’s affiliates. The Internet is an international computer network of both Federal and non-Federal inter-operable packet switched data networks. The Company cannot and will not guarantee that the Service will provide Internet access that is sufficient to meet your needs. You agree that your use of the Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.

5. You agree that the Company retains the right, but not the obligation, to restrict or terminate your Service at any time, if the Company determines that you are in violation of this Agreement. You agree that if the Company determines that you are in violation of this Agreement, any restriction or termination of your Service will be effective immediately, without prior notice. You agree that the Company will have no liability to you for any reasonable restriction or termination of your Service pursuant to such violation.

IV. Wi-Fi Services

1. Installation and support of Wireless “Wi-Fi” networking, “Managed Wi-Fi,” is included with our Wide Open Wi-Fi Internet Service and is also available through the purchase of an additional monthly Wi-Fi subscription plan and with other Internet plans. Business and Enterprise Wi-Fi services are not included with the standard Wide Open Service but are available through an additional subscription. Customers purchasing Enterprise Wi-Fi systems must also subscribe to Wi-Fi Maintenance Services.

2. Managed Wi-Fi Services include unlimited phone/remote support available 24/7/365.

3. To troubleshoot or make necessary or requested configuration changes, Company may access your Mid-Rivers Wi-Fi router remotely. Many Company-provided routers are configured for remote management, but in some cases Company may need your assistance to access your Mid-Rivers Wi-Fi router remotely. If residential customers prefer to manage your Mid-Rivers Wi-Fi router yourself, we can help you make the necessary changes to your router.

4. You understand and agree that Company may monitor the Wi-Fi network and take measurements of network performance and the performance of your Internet connection, strictly for the purpose of maintaining and improving service levels. During communications with the Company for Service support, Company may also access information about your customer premise equipment (such as computers and connected Wi-Fi devices) or other device settings, to provide customized technical support or install specific applications or services for your use. Company reserves the right to access Internet traffic from individual accounts strictly for the purposes of general maintenance and management of the network and to meet mandated legal and regulatory requirements, including requests by law enforcement officials and reporting requirements of the Federal Communications Commission (FCC).

5. Wi-Fi equipment fees may apply if equipment is not returned in working order (normal wear and tear excepted) at the time of disconnect.

6. Customers may attach their own legal devices on the customer side of the point of demarcation (modem or RJ45 cable), including Wi-Fi routers and/or enterprise Wi-Fi systems and equipment purchased from Mid-Rivers or elsewhere. Only Wi-Fi equipment (wireless routers, access points, etc.) provided by Mid-Rivers, or approved by Mid-Rivers for support prior to customer subscribing to Managed Wi-Fi Service, will be supported under the Company’s Managed Wi-Fi Services. Replacement or repair of any customer-owned Wi-Fi device is the sole responsibility of the Customer.

7. Access points or other equipment needed (as determined by Company’s technician during installation) beyond the equipment included in customer’s selected Managed Wi-Fi Service plan will be billed as additional one-time equipment charges. Such additional Wi-Fi equipment becomes the customer’s equipment and customer is responsible for any necessary repair or replacement of such equipment. The manufacturer’s equipment warranty is the only warranty that will apply. The Company does not guarantee the equipment against defects, nor will it provide additional warranties or extensions of existing manufacturer’s warranties. You are responsible for any repair charges incurred as a result of a voided warranty or out-of-warranty product.

8. Small Business Wi-Fi Bundle services are intended for PRIVATE BUSINESS USE only. Customer understands that for security purposes, a separate Internet connection and a Hotspot Bundle or other Enterprise Wi-Fi solution are required to offer public Wi-Fi.

9. DUE TO THE NATURE OF WI-FI SERVICES, YOU ACCEPT THAT THE COMPANY CANNOT GUARANTEE THE SECURITY OF THE WI-FI SERVICE AGAINST UNLAWFUL ACCESS OR USE. YOU AS THE CUSTOMER ARE RESPONSIBLE FOR THE SECURITY OF THE WI-FI NETWORK. YOU SHOULD MAKE SURE THAT YOU HAVE ADEQUATE SECURITY TO PREVENT UNLAWFUL AND UNAUTHORIZED ACCESS TO YOUR COMPUTING EQUIPMENT AND OTHER EQUIPMENT CONNECTED TO YOUR NETWORK OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION. CUSTOMER IS RESPONSIBLE FOR KEEPING PASSWORDS SECURE AND MAINTAINING SEPARATE CONNECTIONS FOR PUBLIC AND PRIVATE USE. YOU ACCEPT THAT THE COMPANY DOES NOT GUARANTEE THE INTEGRITY, AUTHENTICATION AND CONFIDENTIALITY OF THE INFORMATION, FILES AND DATA (INCLUDING CREDIT CARD NUMBERS AND PINS) YOU MAY WISH TO EXCHANGE OVER THIS SERVICE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OCCURRING FROM THE FAILURE OR BREACH OF THE WI-FI NETWORK OR ANY OTHER FORM OF AUTHORIZED OR UNAUTHORIZED ACCESS TO THE WI-FI NETWORK. YOU ARE RESPONSIBLE FOR ANY AND ALL USAGE CHARGES THAT MAY BE INCURRED ON YOUR INTERNET ACCOUNT OVER YOUR WI-FI NETWORK.

10. You agree not to resell or redistribute access to the Company’s Internet Service in any manner, with the exception of complimentary access to patrons which is permitted only as part of a Hotspot Bundle or Enterprise Wi-Fi with Redistribution subscription. The prohibition on resale or redistribution of access includes, but is not limited to, the provision of Internet access, electronic mail and web pages. The Company reserves the right to disconnect services for failure to comply with any portion of this provision.

V. Equipment

1. Modems, routers, access points, switches and other related equipment provided by the Company for provision of the Service will remain the property of the Company unless otherwise stated.

2. Customer will be required to return modems, routers, and other equipment provided with the Service to the Company upon disconnect. Equipment charges may apply at time of disconnect if equipment is not returned to Mid-Rivers in working order (normal wear and tear excepted).

3. To ensure the best quality service and security, only modems provided by Mid-Rivers may be used with Mid-Rivers Internet Service.

VI. Service Commitment

1. Term commitments are generally not required for Mid-Rivers standard commercial Internet services. Certain Business Internet plans may have a specified term (i.e., 2 years, 3 years, or 5 years) as indicated at the time of service sign-up or upgrade. If so, the terms of that Agreement are detailed in a separate service Agreement with the Company.

VII. Rates, Charges and Payment

1. Rates and associated fees are subject to change with 30 days’ written notice.

2. You will receive bills monthly that are payable upon receipt. Bills are delinquent if not paid within 30 days of receipt and may be subject to late fee. You are required to pay Company for all charges associated with Service(s). Upon non-payment of any sum due to the Company for applicable monthly service plan and equipment, or upon violation of any of the conditions of this Agreement or the Company’s Online Policies, the Company may by notice in writing to you, either terminate the Agreement or temporarily disconnect or suspend your Service(s). The Company may pursue all legal avenues to collect any unpaid amount owed to it. You will be responsible for all expenses (including reasonable attorney fees) incurred in collecting any unpaid amounts due.

3. The Company may also terminate Service in the event of insolvency, receivership, voluntary or involuntary bankruptcy, assignment for the benefit of creditors, liquidation, dissolution, reorganization or other similar proceedings as initiated by or against you, the customer. The Company may refuse or disconnect Service without notice in the event that network services are not available, your credit information is not accurate, or Service is used in a manner that adversely affects Company’s service(s) to others or is in violation of FCC Rules or Regulation. The Company reserves the right to require a deposit for continuation of service, if necessary.

VIII. Content of Communications

1. The Service provides you access to information, communications, software, photos, video, graphics, music, sounds and other material and services location both on Company’s computer servers and on the Internet (“Content”). You agree that you must evaluate and bear the risks associated with the subject matter, accuracy, completeness or usefulness of any Content available to you on or through the Service.

2. You agree that the Company has the right, but not the obligation, to remove Content from the Company’s computer servers which the Company determines to be in violation of this Agreement or the Company’s Online Policies.

3. As a matter of policy, the Company does not pre-screen Content placed on the Company’s computer servers by any of its subscribers. The Company does not have the practical ability to monitor, review, or restrict, prior to its transmission, Content on the Company’s servers which may violate this Agreement or the Company’s Online Policies. In addition, the Company cannot ensure the prompt editing or removal of any Content which may violate this Agreement or the Company’s Online Policies after such Content has been posted on the Company’s servers.

4. The Internet provides access to individuals who are not the Company’s subscribers. The Company does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet.

5. Please be advised that, despite the Company’s efforts, you may receive Content which you consider to be inaccurate, defamatory, or otherwise offensive. You agree that the Company will not be liable for any action or inaction with respect to any content posted on or through the Service and the Internet.

IX. Copyright and Other Rights

1. The Service provides access to Content that may be protected by copyrights or trademarks registrations, or other intellectual property or proprietary rights (“Rights”) of third parties who make such Content available on the Internet, and/or through the Service.

2. You agree that your use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owner(s) or licensor of the Rights in such content.

3. You agree not to post or transmit Content that violates another party’s Rights, on or through the Service, without that party’s express permission. Posting or transmitting Content without the right to so do (1) may result in termination of this Agreement; and (2) may result in civil or criminal liability. The Company is not responsible for Content that you post or transmit on or through the Service, and shall not be liable for your use(s) of Content in violation of any applicable law, or the Rights of a third party.

4. YOU AGREE TO BE SUBJECT TO THE COMPANY’S REPEAT COPYRIGHT INFRINGER POLICY AS DETAILED IN THE COMPANY’S ONLINE POLICIES.

X. Company Service Software

1. Your use of the service gives you limited rights to use the software through which you access the Service and the Internet (“Service Software”). The Company grants you a non-exclusive, non-transferable, revocable, limited sublicense to use the Service Software for connecting to the Service in accordance with this Agreement.

2. You agree that your use of the Service provides you access to proprietary features of the Company’s Service and of software provided by the Company’s licensor.

3. The Company and its software licensor have Rights in the Service, including but not limited to software, software documentation, the “look and feel” of the Service, Service names, subscriber interfaces and other features.

4. You agree not to copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any aspect of the Service that is owned by the Company or its licensor.

XI. NO WARRANTY

1. YOU AGREE THAT YOUR USE OF THE SERVICE, THE SERVICE SOFTWARE, AND THE INTERNET IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT THE SERVICE AND THE SERVICE SOFTWARE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.

2. THE COMPANY DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO (1) LOSS OF DATA; (2) LOSS OF SOFTWARE OR HARDWARE; (3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS; (4) LOSS OF LIABILITY RESULTING FROM COMPUTER OR SOFTWARE VIRUSES; (5) LOSS OR LIABILITY RESULTING FROM DATA NON-DELIVERY OR DATA MIS-DELIVERY; (6) ANY OTHER LOSS OR LIABILITY RESULTING FROM THE NEGLIGENT ACTS AND/OR OMISSIONS OF THE COMPANY OR THE COMPANY’S SUBSCRIBERS; (7) LOSS OR LIABILITY RESULTING FROM ANY ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION, GOODS, OR SERVICES OBTAINED ON OR THROUGH THE SERVICE; AND (8) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD.

3. YOU AGREE THAT THE COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR USE OF THE SERVICE, YOUR USE OF THE SERVICE SOFTWARE, AND ANY BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT YOU PAID TO USE THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

XII. INDEMNIFICATION

1. YOU AGREE TO DEFEND, RELEASE, INDEMNIFY AND HOLD THE COMPANY, ITS AFFILIATED COMPANIES AND LICENSOR, HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING FROM BREACH OF THE AGREEMENT BY USE OF, OR IN CONNECTION WITH, THE POSTING OR TRANSMISSION OF ANY CONTENT BY OR

THROUGH YOUR ACCOUNT ON THE SERVICE.

2. YOU AGREE THAT THE COMPANY HAS THE RIGHT, BUT NOT THE OBLIGATION, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU PURSUANT TO PARAGRAPH 1 OF THIS SECTION. IN SUCH EVENT, YOU SHALL HAVE NO FURTHER OBLIGATIONS PURSUANT TO PARAGRAPH 1 OF THIS SECTION.

XII. Termination

1. You agree that the Company may terminate this Agreement for any reasonable purpose at any time.

2. You agree that your only right with respect to any dissatisfaction with any (a) Agreement term, policy or practice of the Company in operating the Service; (b) Content available on or through the Service or change therein; or (c) amount or type of fees or billing methods, or change therein, is to terminate this Agreement.

3. You agree that the Company has the right, but not the obligation, to suspend access to or delete all program, data or other files on the Company’s computer servers that are associated with your account at the time of termination, including but not limited to e-mail usernames supplied by the Company and all associated e-mails.

4. Only the person whose name is on the account will be able to (a) change user ID and/or Password; or (b) cancel an existing account.

XIV. Law

1. You agree that this Agreement, the Service Purchase Agreement (as applicable), and the Company’s Online Policies comprise the entire understanding between the Company and you, and supersede any prior agreements between you and the Company with respect to the subject matter of this Agreement.

2. You agree that, if any portion of this Agreement or the Company’s Online Policies is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect. The Agreement will be governed by the laws of the State of Montana, excluding its conflicts of law rules. You and the Company each submit to the exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of the State of Montana.

3. The Company’s failure or neglect to enforce any of rights under this Agreement does not constitute a waiver of the Company’s rights. Please go to the Mid-Rivers Internet Online Policies page to print and sign or submit your Service Agreement Acknowledgment electronically.

Last Updated: June 18, 2020