Service Agreement

Red River Communications, Inc. - Terms and Conditions.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE. By signing-up online, by phone, in person or by using our Service, you indicate agreement to comply with the following Terms and Conditions.

Red River Communications, Inc. provides Internet Service (Service) subject to the following Terms and Conditions.

You agree to pay all charges and/or fees related to the use of the Service in accordance with billing terms in effect at the time the fees, charges and taxes become payable.

If you are unhappy with the Service or any terms, conditions, rules, policies, guidelines, or practices of Red River Communications, Inc., your only remedy is to stop using the Service.

Red River Communications, Inc. may modify this agreement, prices, or Service by publishing a notice on the Red River Communications, Inc. Internet Web Site. Red River Communications, Inc. may also revise, modify or discontinue any or all aspects of the Service and the policies set forth in this document, without prior notice. Any changes to the Agreement are effective when we publish them. If you use our Services or make any payment to us on or after the effective date of the changes, you accept the changes.

When you use this Service, you may not:

restrict or inhibit any other user from using or enjoying the Internet;
post or transmit any threatening, abusive, bigoted, defamatory, hateful, indecent, libelous, obscene, pornographic, profane, unlawful, vulgar, or otherwise objectionable information/matter of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including and without limitation the U.S. export control laws and regulations-7;
post or transmit any information or software which contains a virus or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
upload, publish, transmit, reproduce, or distribute in any way, information, software, or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or
upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as the collective work under U.S. copyright laws.
remove or alter copyright management information including, without limitation, name or identification information of the author or owner, copyright note, or terms and conditions for use of a work.
avoid, bypass, remove, deactivate, or circumvent by any means, any process or system such as copy protection systems that are intended to protect the rights of a copyright owner.

Except for information, products or services clearly identified as being supplied by Red River Communications, Inc., Red River Communications, Inc. does not operate or control any information, products, or services on the Internet and except for such Red River Communications, Inc. identified information, products or services, all merchandise, information and services offered or made available or accessible by third party who are not affiliated with Red River Communications, Inc. or its affiliates.

The Internet contains unedited materials some of which may be offensive or objectionable to you. You access such materials at your own risk. Red River Internet has no control over and accepts no responsibility whatsoever for such material.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK for your use of the Service and the Internet. Neither Red River Communications, Inc. nor its affiliates make any express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantabilities or fitness for a particular purpose) with regard to any merchandise, information, or services provided through Service or on the Internet generally, and Red River Communications, Inc. is not liable for any cost or damage arising either directly or indirectly from any such transaction. it is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advise, Services, and other information, and the quality and merchantability of all merchandise provided through the Service or on the Internet generally.

The Service is provided on an as is and as available basis without warranties of any kind, either express or implied - including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Red River Communications, Inc. nor its affiliates warrant that the Service will be uninterrupted or error free or that any information, software or other material accessible on the Service is free of viruses or other harmful components.

Under no circumstances shall Red River Communications, Inc., its affiliates or its agents be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use or inability to use the Service or to access the Internet or any part thereof, or your reliance on or use of information, Service or merchandise provided on or through the Service, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure or performance.

You understand and agree that you may be held liable both under civil and criminal law for infringement of the intellectual property rights of others; you may be held liable for all actual damages and profits, attorney�s fees, cost, or the court may award statutory damages under the copyright act. In addition criminal liability can include fines and imprisonment.

Red River Communications, Inc. may deny you access to all or part of the Service without notice if you engage in any conduct or activity that Red River Communications, Inc. in its sole discretion believes violates any of the terms and conditions in this agreement. If Red River Communications, Inc. denies you access to the Service because of a violation, you shall have no right (1) to access through Red River Communications, Inc. any materials stored on the Internet, (2) to obtain any credit(s) otherwise due you, and such credit(s) will be forfeited, (3) to access third party Services, merchandise or information on the Internet through Red River Communications, Inc., and Red River Communications, Inc. shall have no responsibility to notify any third party providers of Service, merchandise, or information nor any responsibility for any consequences from lack of notification.

Red River Communications, Inc. has no obligation to monitor the Service. However, you agree that Red River Communications, Inc. has the right to monitor the Service electronically from time to time and to disclose any information necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Red River Communications, Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

You agree to provide, at your cost, all necessary equipment to access the Service.

You agree to defend, indemnify and hold Red River Communications, Inc. and its affiliates harmless against any and all liabilities and cost relating to any violation of this agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement of any message, information, software or other materials on the Internet by you or authorized users of your account.

If you wish to make purchases on the Service, you may be asked by the merchant or information or Service provider from whom you are making a purchase to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide any merchant or information or Service provider on the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and Service providers offering merchandise, information and Services on the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanisms at the price in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases on the Service.

In the event that any portion of this agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and remainder of provisions shall remain in full force and effect.

Red River Communications, Inc. failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties practice shall act to modify any provision of this agreement.

This agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

Dial-up Use Policy

As a clarification of this policy, Red River Internet does not have an "unlimited Service rate". Our Dial up Service is available as a flat rate (no charge by the minute), and will be made available to any person regardless of race, color, national origin, or religious beliefs. Our Service is made available to our customers through out our Service area via local dial up phone lines. We offer many rates and Services to our customers. Please feel free to select the Service that fits your particular needs.

Red River Communications, Inc. has a policy governing its Internet Service usage. Dial up Internet Service does not give any user rights to stay logged on for an indefinite period of time. (Please see our dedicated Service rates). You may stay logged on as a user as long as you (the user) stay at your computer and are engaging in active Internet browsing, uploading, downloading or sending or receiving e-mail. Red River Communications, Inc. may for any reason at any time terminate your connection if in Red River Internets sole opinion you are abusing the Service. Red River Communications, Inc. may at its option set session limits or logon time limits at anytime and without notice.

Red River Communications, Inc. will terminate your connection if you use any electronic or manual means of keeping an ongoing connection beyond normal Internet activities (as mentioned above). Any use of PINGERS, auto e-mail checking or any other software designed to elude or cause false signals to try to fool the host server will be grounds for immediate termination of the connection. If the user continues to try and use such methods of eluding disconnection for non attended use, Red River Communications, Inc. can at it sole discretion remove the user permanently from the Service.

Termination of Service

Red River Communications, Inc. may terminate or suspend an account without notice or liability if (a) an invoice is not paid within 20 days of being issued, (b) if a customer fails to abide by the terms of service.

Red River Communications, Inc. MUST receive a termination request by the customer to stop the billing. Any service that is not terminated will accrue charges until terminated. To terminate service please either e-mail the Billing Department at billing@rraz.net, faxed to (928) 505-3595, or mailed to Red River Communications, Inc. Attn: Billing Department, 2011 McCulloch Blvd. Ste. 8, Lake Havasu City, AZ 86403.

If Services are terminated by Red River Communications, Inc. or by the customer prior to the end of your current invoicing cycle, we will not prorate charges to the date of termination, and you will not receive a credit or refund for any unused Services.

Invoicing & Payment

Invoicing cycles and dates may change from time to time. Monthly recurring and related charges for Services are generally invoiced one invoicing cycle in advance. Other charges are invoiced soon after they are incurred. You must pay all charges by the due date on the invoice. If you agree to any auto-payment option through banking or credit account, we may initiate payment from the account for all amounts we invoice you without additional authorization or notice. Based on your credit or payment history, we may require certain forms of guaranteed payment as a condition of maintaining Services. If we invoice you for amounts on behalf of a third-party, payments received are first applied to amounts due to us. You may be charged additional fees for certain methods of payment and for payments denied by a financial institution. Acceptance of payments (even if marked "paid in full") does not waive our right to collect all amounts that you owe us.

Disputed Charges

Disputes concerning any charges invoiced must be raised within 60 days of the date of the invoice. You accept all charges not disputed in this time period. Disputes can only be made by calling or writing us.

Policy on E-Mail, News Groups, List Servers

Our policy governing e-mail usage is simple...instead of telling you what you can do with e-mail; it will be easier to tell you what you cannot do.

You shall not harass, threaten, or engage in criminal activity anytime.
Bulk e-mailing or posting (spamming), including inside or outside our Service is not allowed. If you engage in this activity you will be warned only once. The next time you engage in this activity it will result in permanent revocation of use of our Services.
You shall not send anyone a download file containing a virus, or other forms of programming designed to corrupt or alter another individual's hardware or software.

Note: If you, the recipient of e-mail, feel harassed or threatened in any way, or if someone within Red River Communications, Inc. mails you junk mail, reply back and request them to stop sending you mail. In case of threatening letters, notify Red River Internet immediately. If the situation continues we will warn the person to stop sending offensive mail. If the situation continues beyond that the person(s) will be barred from the Service. ( Sorry, we cannot control mail that is sent from other ISP's, but if the situation gets out of control we will do what we can to help.)

Red River Communications, Inc. may change or modify this policy at any time with out notice. You the user have no other recourse or action except to quit using the Service. We at Red River Communications, Inc. want everyone to enjoy the Service, We appreciate your business!

If you have any questions regarding these Terms and Conditions or any other matter, please contact Red River Communications, Inc.

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