Terms of Use – High Speed Internet

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  • Terms of Use – High Speed Internet
  1. PREAMBLE. This agreement and the policies referenced herein govern your relationship with ARRIVA CONNECT “ARRIVA” relating to the provision by ARRIVA to you (“Customer”) of High Speed Internet Service. The High Speed Internet Service consists of High Speed Internet access, along with various other Internet-related services such as email. You acknowledge that you have read, understood, and agree to each of the provisions of the Agreement. You also represent and warrant that you are of legal age and authorized to enter the Agreement and to accept and agree to become bound by the terms of the Agreement. The Agreement applies to you and to anyone who uses the High Speed Internet Service. By (a) initiating, activating, or using the Service, and/or (b) providing or authorizing a written or electronic signature or otherwise so indicating electronically, you will have been deemed to have accepted the current version of the provisions of the Agreement, or ratified any previous consent to the same. If you do not agree to the terms of the Agreement, you may not use the High Speed Internet Service.
  2. TERM OF SERVICE. The High Speed Internet Service shall commence on the Service Commitment Date, which shall be the later of the Estimated Service Commencement Date or the day immediately following the date on which ARRIVA notifies Customer that the Service is ready for use. The parties acknowledge and agree that the Estimated Service Commencement Date is an estimate, and that ARRIVA shall not be liable to customer in any way for failure to commence the Service before such date. Should the Service Commencement Date extend more than 90 days beyond the date of singing of this agreement, the monthly charge for High Speed Internet Service will be waived for one (1) month. If you cancel your service, you must pay for your use of the service up until the date on which you cancelled, any early termination fees, and applicable taxes. If the service was not under a term and customer received free equipment and installation as a promotion, the customary fees for the modem and installation must be reimbursed if customer disconnects before paying for 12 months of service. If, during the minimum service term, you decide to change to another ARRIVA service plan (for example, one with different rates or usage allowances) or to add additional services to your plan, ARRIVA has the right to restart the minimum service term from the beginning of the change in plan or addition of service.
  3. CHARGES AND PAYMENT. Except as otherwise provided, the monthly charge for the High Speed Internet Service provided by ARRIVA shall be based upon the then-current monthly charges provided by any applicable tariff or ARRIVA’s standard charge for the same or similar services (“Monthly Charge”). ARRIVA shall invoice Customer for High Speed Internet Service on a monthly basis for the Monthly Charge, and Customer’s payment for each invoice shall be received by ARRIVA within ten (10) days of the invoice date (“Due Date”). All non-recurring installation charges, if any, stated herein shall be due on the Due Date of the first invoice. The first Monthly Charge shall be prorated from the Service Commencement Date through the end of the calendar month in which the Service Commencement Date occurs. If any invoice is not paid in full within ten (10) days after the Due Date, Customer will be assessed a late fee. Any applicable surcharge, federal, state, local, excise, or sales tax or similar levy, chargeable to or against ARRIVA because of the High Speed Internet Service provided by ARRIVA to Customer, shall be a charge to and paid by Customer in addition to the Monthly Charge. Taxes and fees are subject to change.
  4. APPLICABLE TARIFFS. This Agreement is subject to and controlled by the provisions of ARRIVA’s lawfully filed and approved state and federal tariffs relating to the services provided in this Agreement, and all changes and modifications to said tariffs as may be made from time to time, including all provisions limiting ARRIVA’s liability and disclaiming warranties (“Applicable Tariffs”), which are incorporated herein. All appropriate tariff rates and charges shall be included in the provision of the High Speed Internet Service. The Applicable Tariffs shall supersede any conflicting provisions of this Agreement in the event any part of this Agreement conflicts with terms and conditions of ARRIVA’s lawfully filed tariffs.
  5. EQUIPMENT. Customer understands and acknowledges that, for ARRIVA to provide the High Speed Internet Service, certain Minimum System Requirements, as that term is defined herein, must be maintained by Customer. Customer acknowledges that Minimum System Requirements are subject to change depending upon the specific installation environment provided by Customer, and ARRIVA makes no representation or warranty that additional Equipment will not be needed. Customer agrees to purchase, provide and maintain in good working condition and repair, at Customer’s sole cost and expense, the Minimum System Requirements for the High Speed Internet Service provided by ARRIVA. ARRIVA may, at Customer’s request, install the Equipment at Customer’s Location(s). Customer agrees to provide an installation environment and electrical and telecommunications connections as provided for in any applicable supplier or manufacturer installation manual or as otherwise specified by the supplier of manufacturer of the Equipment.
  6. RIGHT OF WAY. Applicants for services from ARRIVA, grant ARRIVA a perpetual right-of-way and easement to their property. This consent gives ARRIVA and any ARRIVA contractors, affiliates, or assigns the right to enter the property owned or leased by the applicant, and the right to construct, install, maintain, repair, improve, remove, replace, inspect, or test telecommunications equipment  necessary in providing services from ARRIVA (equipment consists of, but is not limited to, underground/aerial fiber optics, cables, splice boxes, conduits, wires, surface testing terminals, manholes, markers, and other equipment). This consent includes required access to and from property.
  7. DESCRIPTION OF SERVICE; LIMITATIONS AND INTERRUPTIONS. The High Speed Internet Service is a “best effort” service. The advertised speeds for the level of service that you subscribe to, as set forth on ARRIVA’s website and/or in this Agreement, represent ARRIVA’s good faith effort to quantify the typical speeds that the average customer can expect to receive during typical traffic periods. The actual speed you experience may vary depending on several factors including customer location, destination on the internet, traffic on the internet, line quality, and other factors beyond ARRIVA’s control. ARRIVA may interrupt the High Speed Internet Service for scheduled or emergency maintenance or as otherwise set forth in the Agreement. Also, your High Speed Internet Service may be interrupted to allow ARRIVA to undertake network management activities. ARRIVA reserves the right to apply commercially reasonable spam, fraud, and abuse prevention methods to inbound and outbound e-mail. ARRIVA additionally reserves the right to apply other practices, as described in the ARRIVA Acceptable Use Policy.
  8. ACCEPTABLE USE POLICY (“AUP”). ARRIVA reserves the right to suspend or terminate the High Speed Internet Service to you, or to suspend or terminate any user ID, email address, URL, or domain name used by you, in the event it is used in a manner which: (1) violates any law, regulation, or tariff; (2) is inconsistent with ARRIVA’s AUP, or any other policy governing internet service which is posted on ARRIVA’s website; or (3) endangers the ARRIVA network, the High Speed Internet Service, or the use and enjoyment of other users. You understand and agree that any attempt to break security, or to access an account which does not belong to you, shall be considered a material breach of this Agreement, and may result in suspension or cancellation of the High Speed Internet Service. You agree to immediately notify ARRIVA of any unauthorized use of your account and/or breach or attempted breach of security of which you are aware. You may not allow others to connect to your High Speed Internet Service and you may not resell your High Speed Internet Service. Any such actions will result in the immediate cancellation of your account and possible legal action against you. View our Acceptable Use Policy on our website at www.goarriva.com/aup.
  9. ACCOUNT, PASSWORD, AND SECURITY. Upon registration, you may receive, upon request, (1) a username and password and (2) other account information. You will be responsible for use of the High Speed Internet Service by any person who connects to your internet service, whether or not you specifically authorize such person’s use or actions, including maintaining the confidentiality of your username and password. You must notify ARRIVA immediately upon discovering any unauthorized use of your account information. Usernames, passwords, email addresses, and IP addresses are ARRIVA’s property and ARRIVA may alter or replace them at any time. You are solely responsible for (1) maintaining the security of your computer(s) and data, including protection of your username and password, (2) the encryption of data, and (3) the back-up and restoration of your computer and data. ARRIVA recommends that you use anti-virus, anti-spyware and firewall software including appropriately updating such software.
  10. E-MAIL ACCOUNTS. Email accounts (hosted by ARRIVA or its affiliates) exceeding 1 Gigabyte in size may be inactivated until you reduce the size of the mail being stored or until additional storage capacity is purchased, if available. Cancellation of your High Speed Internet Service for any reason, either by you or by ARRIVA, will result in the cancellation of email service and the deletion of all files stored in or for your account.
  11. MONITORING. ARRIVA has no obligation to monitor the High Speed Internet Services or your email or web space, but may do so and may disclose information regarding use of the services for any reason to any party if ARRIVA, 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 users. ARRIVA may immediately remove from its servers any material or information which ARRIVA, in its sole and absolute discretion, determines to infringe another person’s property rights or to violate ARRIVA’s Acceptable Use Policy.
  12. AGE OF CUSTOMER. If you are less than 18 years old, you must have the permission of your parent or guardian before logging onto the Services. If you do log on, you represent that you have such permission, you agree to be bound by the terms hereof, and that your parent or guardian promises on your behalf to be bound by all policies, terms, and Acceptable Use Policy as posted on our website at www.goarriva.com.
  13. COMPLIANCE WITH LAWS; PAYMENT OF TAXES. Customer agrees to comply with all laws, regulations and orders relating to this Agreement and the use of the High Speed Internet Service. Customer agrees and acknowledges that it is solely responsible for the payment of all license fees, assessments and sales, rental, use, property, excise and other taxes or surcharges or fees now or hereafter imposed by any governmental body or agency upon the High Speed Internet Service. Any fees, taxes or other lawful charges paid by ARRIVA in connection with the Equipment or use thereof or provision of service hereunder, (exclusive of any taxes based on the net income of ARRIVA) shall become immediately due from Customer to ARRIVA. This provision shall survive the termination of this Agreement and the use of the High Speed Internet Service pursuant hereto.
  14. DEFAULT. Customer shall be in default of this Agreement if one or more of the following occurs: (a) Customer fails to make payments when due; (b) Customer becomes insolvent; (c) Customer fails to keep any promise contained in this Agreement, credit application, or any other agreement with ARRIVA; (d) Customer makes any statement or provides any information that is untrue or inaccurate at the time it was made or provided; (e) Customer fails to provide any additional deposit ARRIVA may require; or (f) Customer exceeds its credit limit, if any.
  15. REMEDIES. Upon the occurrence of any default or breach of this Agreement by Customer, and at any time thereafter, ARRIVA may, in its sole discretion, do any one or more of the following: (a) terminate the Agreement; (b) declare all sums then due and all sums to become due hereunder (including any residual amount) for the remainder of the Term of Agreement immediately due and payable; or (c) exercise any other right or remedy which may be available to it under applicable law. Customer shall be liable for all reasonable attorneys’ fees and other costs and expenses resulting from the default or the exercise of ARRIVA’s remedies. No remedy referred to in this paragraph is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to above or otherwise available to ARRIVA at law or in equity. No express or implied waiver by ARRIVA of any default shall constitute a waiver of any other default by Customer or a waiver of any of ARRIVA’s rights. The parties agree and acknowledge that the remedies afforded by this paragraph are an agreed measure of damages and are not a forfeiture or penalty. In the event customer does not return any equipment owned by ARRIVA, he or she will be charged up to the full replacement cost of any non-returned ARRIVA-owned equipment.
  16. LIMITATION OF LIABILITY. ARRIVA SHALL HAVE NO RESPONSIBILITY, LIABILITY, OR OBLIGATION TO CUSTOMER, ITS AGENTS, OR CUSTOMERS FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, COST OF REPLACEMENT SERVICES, LOSS OF CUSTOMERS OR AGENTS, OR LOSS OF USE, REGARDLESS OF WHETHER COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, BY REASON OF ANY ACT OR OMISSION IN CONNECTION WITH OR UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY DEFECT OR DELAY IN AVAILABILITY; (B) FOR THE INACCURACY OF ANY INFORMATION OR THE INADEQUACY OF ANY PROCEDURES OR PERSONNEL; OR (C) ANY LOSS, INJURY, OR DAMAGE, OF WHATEVER KIND OR NATURE, RESULTING FROM OR ARISING OUT OF ANY MISTAKES, ERRORS OMISSIONS, DELAYS OR INTERRUPTIONS IN THE HIGH SPEED INTERNET SERVICE PROVIDED HEREUNDER. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF ARRIVA FOR DAMAGES AND/OR LOSSES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS AND DEFECTS IN HIGH SPEED INTERNET SERVICE OR EQUIPMENT FURNISHED BY ARRIVA AND NOT CAUSED BY THE ACTS OR OMISSIONS OF CUSTOMER, EXCEED THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF TIME DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR, OR DEFECT IN HIGH SPEED INTERNET SERVICE OR EQUIPMENT OCCURS.
  17. DISCLAIMER OF WARRANTY. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT ARRIVA DISCLAIMS ANY WARRANTIES OF ANY TYPE OR KIND REGARDING THE SERVICES WHICH ARE THE SUBJECT OF THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  18. INDEMNIFICATION. Customer agrees to indemnify and save ARRIVA harmless from any claims, costs, or liabilities arising, directly or indirectly, out of libel, slander, or infringement of copyright resulting from transmission over ARRIVA’s facilities; from claims for infringement of patents arising from use of Customer equipment and systems in combination with facilities and Equipment of ARRIVA; and from all other claims arising out of any act or omission of Customer in connection with the use of the High Speed Internet Service or Equipment furnished by ARRIVA.
  19. FORCE MAJEURE. ARRIVA shall not be in default under this Agreement if and to the extent that any failures or delays in ARRIVA’s performance of one or more of its obligations hereunder is caused by any of the following conditions and ARRIVA’s performance of such obligation or obligations shall be excused and extended for and during the period of any such delay: acts of God; hurricane; fire; flood; failures, shortages, or unavailability or other delay in the delivery by a third party supplying services, equipment, fiber, or network to ARRIVA to the extent such unavailability or delay is not within the reasonable control of ARRIVA; government codes, ordinances, laws, rules, regulations, or restrictions; strikes or other labor disputes; acts of terrorism; or any other cause beyond the reasonable control of ARRIVA. ARRIVA represents that it shall use commercially reasonable efforts to repair fiber cuts and equipment failure in a diligent manner. In the event that such force majeure event extends for more than ninety (90) days, Customer may terminate this Agreement or the applicable High Speed Internet Service upon written notice to ARRIVA.
  20. NOTICES. Notices required under this Agreement shall be in writing and delivered personally, by professional courier, or by certified mail return receipt requested, to the parties at the addresses set forth in this Agreement (or at such other addresses as shall be given in writing by either party to the other). All notices shall be effective upon receipt.
  21. ASSIGNMENT. This Agreement and any contractual rights or remedies available to ARRIVA hereunder shall be freely assignable, in whole or in part, by ARRIVA. Additionally, ARRIVA may sell or assign its interest, in whole or in part, in any telecommunication facilities utilized to provide the High Speed Internet Service. Customer shall not assign this Agreement or its rights hereunder without the written consent of ARRIVA to such assignment. Any such transfer without the consent of ARRIVA is void.
  22. MISCELLANEOUS. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Any provision of this Agreement that is unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Time is of the essence with respect to this Agreement. Customer agrees that the RESIDENTIAL High Speed Internet Service and Equipment will be used for personal, family, or household use, not commercial use. Customer shall promptly execute and deliver to ARRIVA such further documents and take such further action as ARRIVA may request in order to give effect to the intent and purpose of this Agreement. All indemnifications, releases, limitations of liability, disclaimers of warranties, limitations of remedies, the agreement to arbitrate, the restrictions upon use of the High Speed Internet Service and/or the Equipment and the rights of ARRIVA to take action necessary to remain in compliance with any applicable tariff or license, including its right to retake possession of or disable the Equipment, all as more particularly set for herein, shall survive the termination of this Agreement and discontinuation of the High Speed Internet Service.
  23. GOVERNING LAW, ARBITRATION. This Agreement shall be binding when accepted by ARRIVA in the State of Mississippi and/or the State of Georgia and shall be governed by the laws of the State of Mississippi and or the State of Georgia. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof shall be submitted to binding arbitration before a panel consisting of three arbitrators at a mutually agreeable site in Mississippi or Georgia, or if no site can be agreed upon, then in Bay Springs, Mississippi. Such arbitration shall be binding upon both Customer and ARRIVA and shall be in accordance with the rules of the American Arbitration Association (“AAA”), including selection of the arbitrators, which shall be accomplished in accordance with the rules of the AAA. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The parties further agree that the prevailing party in such arbitration shall be entitled to recover the costs of such arbitration from the other party, including reasonable attorneys’ fees. This Agreement to arbitrate shall not in any way impair or lessen the remedies available to ARRIVA in the event of default by Customer as more particularly set forth above. This agreement to arbitrate shall be specifically enforceable under applicable law in any court having jurisdiction thereof.
  24. CREDIT INVESTIGATION. By execution of this Agreement, Customer authorizes ARRIVA to conduct an investigation into its creditworthiness, including obtaining credit histories and making inquiries of other business, banks and lending institutions concerning the creditworthiness of Customer. Customer hereby releases ARRIVA from any and all claims arising against ARRIVA or its affiliates in connection with such investigation and agrees to indemnify and hold ARRIVA harmless from any and all liability, damages and costs, including attorney’s fees, arising in connection with such investigation. Customer acknowledges and agrees that ARRIVA may terminate this Agreement any time before the Service Commencement Date in the event ARRIVA determines in its sole discretion that Customer’s creditworthiness is not acceptable and that Customer cannot provide sufficient additional security to ARRIVA.
  25. ENTIRE AGREEMENT; MODIFICATION. Subject to any applicable Tariff, this Agreement correctly sets forth the entire agreement between ARRIVA and Customer with respect to the High Speed Internet Service by ARRIVA to Customer. To the extent, if any, the terms of this Agreement and any Applicable Tariff conflict, then the Applicable Tariff shall control.