Residential Terms & Conditions
All West Communications, Inc., All West/Utah, Inc., All West/Wyoming, Inc. (collectively “All West,” “we,” or “our”) are at all times committed to complying with the laws and regulations governing use of All West’s networks, systems, services, web sites, and products.
Tariffs for Regulated Services
Telecommunications services are regulated by the federal and state governmental bodies. All West’s regulated telephone service is provided to you pursuant to our tariffs. Tariffs are documents filed with the state public service commission (for intrastate services) or the Federal Communications Commission (for interstate services), that contain the rates, service descriptions, and terms and conditions for the specific telecommunications services listed.
Terms and Conditions for Non-Regulated Services
These Terms and Conditions are in addition to any written agreements between you and All West, and together, the documents constitute the “Agreement” between All West and the customer (“Customer,” “you,” or” your”). By using All West’s telephone, long distance, VoIP, internet/broadband, and/or cable television services (“Services”) and accessing the All West websites at www.allwest.com and www.tvonmyside.com (the “Site” or “Sites”), you agree to be bound by all of the terms, conditions, and notices contained or referenced in these Terms and Condition:
These Terms and Conditions govern your use of the Services and any devices and/or equipment used to support the Services (as more fully described below), including without limitation, hardware and software used in conjunction with the Services that are provided to you from All West for your use in connection with the Services. By activating or using the Services, you acknowledge that you have read, understand and agree to these Terms and Conditions as set out hereunder. All West reserves the right to change or modify the Terms and Conditions at any time, effective when posted on All West’s web sites at www.allwest.com/Terms-and-Conditions or www.allwest.com/Terms-and-Conditions . If you do not wish to be bound by this Agreement or any modifications that may be made by All West from time to time (as described in the Changes to the Agreement section below) do not activate or use the Services and immediately contact All West. Your use of the Services after changes to the Terms and Conditions are posted shall constitute your acceptance of any changed or additional terms.
• By using this Site and Services, you represent that you are at least 13 years old. Persons who are at least 13 years of age, but less than 18 years of age may only use our Sites and Services with legal parental or guardian consent. Accordingly, you agree that you are at least 18 year of age or older or you possess legal parental and guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set for in these Terms and Conditions. If not, please exit the Site and cease using the Services.
GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL SERVICES
1. Acceptance of this Agreement: Your use of the Services shall constitute your acceptance of these Term and Conditions.
2. Governing Law and Venue. This Agreement and your use of the Services, All West Equipment, and the Sites will be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement, or your use of the Services, the All West Equipment, and the Sites, will be filed only in the state or federal courts located in Salt Lake or Summit Counties, State of Utah, and you further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
3. Charges and Billings:
a. Charges, Fees, and Taxes You Must Pay. You agree to pay all charges associated with the Services, including but not limited to, installation/service call charges, monthly service charges, usage charges, equipment charges, early termination charges, applicable federal, state, and local taxes and fees (however designated), regulatory recovery fees for municipal, state and federal government fees or assessments imposed on All West, permitted fees and cost recovery charges, or any program in which All West participates, including but not limited to public, educational, and governmental access, universal service, telecom relay services for the visually or hearing impaired, rights-of-way access, and programs supporting the 9111/E911 system and any fess or payment obligations imposed by governmental or quasi-governmental bodies for the sale, installation, use or provision of the Services. You will further be responsible for government imposed fees and taxes that become applicable retroactively, if any. Not all fees apply to all Services. Your price information is contained in your Application for Service and/or Service Order.
b. All West’s Billing Process. Services are provided to you on a month to month basis. You will generally be billed monthly, in advance, for recurring service charges, All West Equipment charges, and fees. All other charges will be billed monthly in arrears, such as pay per view movies or events, measured and per-call charges (when applicable). You shall make payment to All West for all invoiced amounts within twenty-five (25) days after the date of the invoice. Any amounts not paid to All West within such period shall be considered past due.
i. Introductory Rates. If you are receiving Services at an introductory rate, after the introductory period, regular charges for the Services will apply.
ii. Partial Payments. All West does not waive our rights to collect the full balance owed to it by accepting partial payment. All West will apply the partial payment to the outstanding charges in the amounts and proportions it determines, in our sole discretion
iii. All West Long Distance and VoIP Customers. If you pay a flat monthly rate for your calling plan, that fee may not cover certain types of calls. You will be billed for these excluded call types on a per-call basis or a measured basis.
iv. Credit Card Payments. You may use a credit card to pay for the Services by calling Customer Service, or by setting up a recurring automatic monthly charge to your credit card. In the event you have set up an automatic payment by credit card, All West will charge your credit card each month. A $15.00 fee will be charged on any credit card that is declined, and Services may be terminated or suspended. If you use a credit card to pay for the Services, use of the card is governed by the card issuer agreement, and you must refer to that agreement for your rights and liabilities as a cardholder.
c. Third Party Charges That Are Your Responsibility. You acknowledge that you may incur charges with third-party service providers such as accessing on-line services, purchasing or subscribing to offerings via the Internet or interactive options on your All West cable Services that are separate and apart from the amounts charged by us.
d. Payment. If you use a credit card to pay for the Services, your use of the card is governed by the card issuer agreement, and you must refer to that agreement for your rights and liabilities as cardholder. If you make a payment by check, you authorize All West to collect your check electronically. You agree that you may not amend or modify this Agreement with any restrictive endorsements (such as “paid in full”), or other statements or releases on accompanying checks or payments accepted by All West, and any such notations have no legal effect.
e. Rejected/Dishonored Payments. You will be assessed a service charge up to the full amount permitted by law for any check or other payment used to pay for the Services that has been rejected by the bank or other financial institution.
f. Late Payments. Any past due amount shall be subject to a late payment charge of 1.5% per month. Accounts remaining unpaid for 25 days shall be deemed delinquent.
g. Suspension or Termination of Services. If your account is delinquent, All West may suspend or terminate your Services in accordance with applicable law, and a reconnection fee , plus all past due amounts, late payment charges, and Early Termination Fees (as set forth in Section 13 below, shall be payable in full prior to reactivation of the Services.
h. Costs of Collection. In the event your account is delinquent, All West may use a collection agency or attorney to collect your delinquent account. If All West uses an attorney or collection agency to collect your delinquent account, you agree to pay all reasonable costs of collection or other action, including attorneys’ fees and costs.
i. Credit Inquiries. You authorize All West to make inquiries and receive information about your credit experience from others, to enter this information into your account file, and to disclose this information to appropriate third parties for reasonable business purposes, in conformance with all applicable state and federal laws.
j. Billing Disputes. If you intend to dispute a charge or request a billing credit, you must contact All West within sixty (60) days of the date of the invoice. You waive any disputes or credits that you do not report within sixty (60) days.
4. Refundable Deposit. We may require a refundable deposit when you activate Services, if you add Services or All West Equipment, or if you fail to pay any amounts when due. If All West disconnects your Services or is otherwise required under applicable law to refund the deposit, we shall, within sixty (60) days or as otherwise required by law, return a sum equal to the deposit you paid (without interest unless required by law) minus any amounts due on your account, including amounts owed for Services or All West Equipment that is damaged, altered, or not returned).
5. Changes to Services. Subject to applicable law, All West may change our Services, rates and charges, at any time, with or without advance notice. All West may also rearrange, delete, add to, or otherwise change programming or features or offerings contained in the Services including, but not limited to, content, functionality, hours of availability, customer equipment requirements, speed, and upstream and downstream rate limitations. If we give you advance notice it may be on the bill, bill insert, by email, or other communication permitted under acceptable law. If you find a change in the Services unacceptable, you have the right to cancel your Services within thirty (30) days. If you do not cancel your services within such period, you will be deemed to have accepted the change.
6. Access to Your Premise. You acknowledge that in order to provide the Services and All West Equipment, All West and our agents may be required to enter your property at which the Services or All West Equipment shall be provided (the “Premises”) for the purpose of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Services and/or All West Equipment. You hereby agree to grant All West such reasonable access to the Premise as may be needed, and you warrant that you are either the owner of the Premises, or that you have the authority to grant All West access to the Premises. If All West asks, you agreed to provide us with the name, address, and telephone number of the owner of the Premises so that All West may verify your authority to grant us access to the Premises. In the event All West’s technicians determine, in their sole discretion, that the Premises are unsafe, unsanitary, or pose a danger to the All West technician, the All West technician may decline to enter the Premises until such time as the Premises are determined to be safe and sanitary. Your failure to maintain the Premises in a safe and sanitary condition may be determined to be a breach of your obligations hereunder, and may be grounds for termination of services as provided herein.
a. All West Equipment. All West Equipment means any equipment that is provided by All West to obtain the Services, including but not limited to, gateways, modems, routers, set-top boxes, DVRs, VoIP ATA equipment, digital adapters, remote controls, converters, switches, embedded software, and other equipment provided or lease to you by All West (“All West Equipment”). Pricing for All West Equipment is identified in your Application. All West shall have the unrestricted right, but not the obligation, to install or modify the software in any of the All West Equipment during the Term of this Agreement. It is a material breach for you to copy, duplicate, reverse engineer, or in any way tamper with or interfere with any software provided to you by All West. During your service term, All West will provide Standard Maintenance for such All West Equipment (as set forth below). The All West Equipment shall at all times remain the property of All West. You may not sell, transfer, lease, encumber or assign all or part of the All West Equipment to any third party. You shall pay the full retail cost of, or the repair or replacement cost of any lost, stolen, unreturned, damaged, sold, transferred, leased encumbered or assigned All West Equipment or part thereof, together with any costs incurred by All West in obtaining or attempting to obtain possession of any such All West Equipment. On expiration or termination of this Agreement, you agree to return the All West Equipment to All West within thirty (30) days in good working condition, reasonable wear and tear excepted. In the event that you fail to return the All West Equipment within thirty (30) days, you authorize All West to retrieve any All West Equipment. If you do not promptly return the All West Equipment, or if it is damaged or encumbered, you agree to pay for such All West Equipment as set forth in Section 13 herein. You agree to use the All West Equipment only for the Services pursuant to this Agreement at the Premises, and you agree that you will not permit any other provider of similar services to use the All West Equipment. You further agree that you will not permit anyone other than All West or its agents to service the All West Equipment.
b. Customer Equipment. Customer Equipment means equipment that is purchased by you from All West or equipment that you provide or obtain from a third party and elect to use in connection with the Services (“Customer Equipment”). If you purchase equipment from All West, title to the equipment shall pass from All West to you upon payment in full of the sales price, including all applicable taxes. You assume the risk of all loss or damage to the equipment purchased from All West upon delivery to your location. Equipment purchased from All West shall be warranted by the manufacturer, and this is the only warranty provided by All West for such equipment. While you may purchase equipment from a third party, All West is not responsible for setup or support of any equipment purchased and/or installed through a third party.
c. Code Updates. By using All West’s Services you agree that you authorize (i) All West, its authorized agents, and equipment manufacturers to send code updates to the All West Equipment and Customer Equipment any time it is necessary to do so; (ii) All West and its authorized agents to use the All West Equipment and Customer Equipment, including inside wiring, connected to our network to provide the Services to you.
8. Changes to Equipment. You acknowledge and agree that we may remove or change All West Equipment at our discretion at any time the Services are active or following the termination of your Services. You acknowledge and agree that our addition or removal of or change to the All West Equipment may interrupt your Services.
a. Standard Maintenance. All West shall be responsible for standard maintenance, which shall include maintenance of our network and Equipment (“Standard Maintenance”). If your connection ceases to function properly but All West’s network is still functioning properly, All West may deploy a technician to your Premises during normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. If the problem is due to your negligence, or any of those items listed in the “Not Covered by Standard Maintenance” Section below, standard hourly rates of $90 shall apply and shall be paid by you. Service rates outside of normal business hours are $135/hour.
b. Not Covered by Standard Maintenance. Maintenance, repair, or replacement of parts damaged or lost through accident, catastrophe, lightning, neglect, misuse, transportation, theft, your fault or negligence, or causes external to the All West network, including but not limited to, failure of, or faulty electrical power, operator error, or malfunction of your computer and/or peripheral equipment not installed by All West, or from any cause other than the intended and ordinary cause.
10. Use of Services. You agree that the Services and the All West Equipment will be used only for personal, residential, non-commercial purposes, unless otherwise specified by All West in writing, pursuant to the terms of this Agreement. The Services are for Customers’ own personal use and the Customer shall not under any circumstances, resell, retail, repackage for sale, distribute, wholesale, or otherwise commercially distribute any of the Services, without the express written consent of All West, which may be granted or withheld in All West’s sole discretion.
11. Indemnification. You agree to indemnify, release, defend and hold harmless All West and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorneys’ fees) arising out of the use of the Services, the All West Equipment and/or the Customer Equipment, or the breach of this Agreement or any of the applicable All West policies by you or any other use of the Services at the Premises.
12. Assignabilty. You acknowledge and agree that you may not assign this Agreement and the Services furnished hereunder, and that you will notify All West of any changes of ownership or occupancy of the Premises. All West may assign our rights and obligations under this Agreement without notice.
13. Termination of this Agreement.
a. Term. This Agreement shall be in effect from the time that the Services are activated until it is terminated as provided for in this Agreement, or it is replaced by a revised Agreement. Any specific contract period shall be as set forth in your signed minimum term addendum or service order, or in your Application (“Contract Period”). You are required to maintain service at all times during your Contract Period, or be subject to Early Termination Charges, as set forth herein.
b. Termination By All West. All West may terminate this Agreement, your account, your password, or your Services, without notice, if All West, in its sole discretion, believes you have violated this Agreement or any applicable terms, conditions, or policies, or if you fail to pay any charges when due. In the event that All West terminates this Agreement for your material breach as set forth herein, you agree to pay any Early Termination Charges which may be due. Subject to any applicable tariffs and applicable laws, All West reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion without notice.
c. Termination By You. Unless you have a specified Contract Period, you may terminate this Agreement without cause by notifying All West of your intent to terminate by: (i) providing written notice to All West; or (ii) contacting All West Customer Service at 866.ALL.WEST (255-9378). If you have a specified Contract Period, early termination of this Agreement without cause will result in Early Termination Charges as set forth below. For purposes of this Agreement “cause” means All West’s material breach of this Agreement. All applicable fees and charges shall accrue until this Agreement has been terminated, the Services have been disconnected, and the All West Equipment has been returned to All West. All West will refund any prepaid monthly service fees charged for Services after the date of termination, less any outstanding amounts due All West for the Services, All West Equipment, or other applicable fees and charges. Upon termination of this Agreement, you will:
i. Cease all use of the Services and All West Equipment.
ii. Pay for all Services rendered through the date of termination.
iii. Return the All West Equipment to All West within ten (10) calendar days of termination. All West Equipment shall be returned in good working condition, reasonable wear and tear excepted. Otherwise, you will be charged the amount set forth in the current All West pricing lists for such All West Equipment, or the full retail price for a new replacement.
iv. Pay all applicable Early Termination Charges.
d. Early Termination Charges. If you have a specified Contract Period, and prior to the end of your Contract Period, All West terminates your Services pursuant to Section 13(b) above, or you terminate Services without cause, you agree to pay Early Termination Charges as follows:
i. all unpaid amounts for Service provided through the date of termination;
ii. any charges for All West Equipment or promotional gifts that were waived by, or provided by All West;
iii. third party cancellation/termination charges related to the installation and/or termination of Service;
iv. the non-recurring charges (including any non-recurring charges that were waived by All West at the time of the application) for the cancelled Service, if not already paid; and
v. the percentage of the monthly recurring charges for the terminated Service calculated from the effective date of termination as (a) 100% of the remaining monthly recurring charges that would have been incurred through the end of the Service Term. If Customer pays for Service based on a per minute usage rate, as opposed to a fixed monthly recurring rate, the “monthly recurring charges” shall be calculated as the average of Customer’s last three (3) months’ Service charges.
vi. The parties acknowledge that the cancellation or termination charges set forth in this Section are a genuine estimate of the actual damages that All West will suffer and are not a penalty.
14. Disruption of Services. You acknowledge and agree that the Services are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Services could lead to severe injury to business, persons, property, or environment. In addition, All West will not be held liable for interruptions in service due to equipment failure, equipment or facility shortages, labor strikes, acts of God, power outages, power surges, or other causes beyond All West’s reasonable control. In all other cases of an interruption of the Services, you shall be entitled upon a request made within sixty (60) days of such interruption, to a pro rata credit for any Services interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such Services interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICES. Any credits provided by All West are at our sole discretion and in no event shall constitute or be construed as a course of conduct by All West.
15. Disclaimer of Warranties. YOU AGREE THAT THE SERVICES, INCLUDING USE OF THE SITES, ARE PROVIDED ON AN “AS-IS,” “AS AVAILABLE” BASIS. THE SERVICES AND THE SITES ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
16. Limitation of Liability. UNDER NO CIRCUMSTANCTS WILL ALL WEST, OR ANY PARENT, SUBSIDIARY, AFFILIIATE, OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF ALL WEST BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE ALL WEST EQUIPMENT, OR THE SITES OR FROM ANY INFORMATION PROVIDED AT THE SITES, INCLUDING THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF ALL WEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. To the maximum extent permitted by law, you and All West agree to limit claims for damages or other monetary relief against each other to direct damage, regardless of theory of law under which the claim is raised. This means that neither you nor All West will claim or seek to recover any indirect, special, consequential, treble or punitive damages from the other. All West Equipment will not be replaced when damage occurs due to abuse or neglect by you.
17. Technical Support. All West will provide technical support via telephone at no additional charge to assist you with your Services, including but not limited to, establishing your connection to the Service and configuration of Internet software tools. Technical support consists only of consulting services and in no event shall it include maintenance or repair of your hardware. Customer Service telephone support is available twenty-four hours per day, seven days per week. Technical support regular telephone hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday, except on nationally observed holidays. Please do not call employees at their homes for technical support. If you require to speak with a technician after the regular telephone hours, or if you require a technician to be dispatched to your Premises after regular telephone hours, you may incur a charge. You will be informed of such charge in advance by our Customer Service Representatives or Technicians.
18. Worry-Free Guarantee. You have the option to change to another package plan of equal or higher value at any time without penalty. If you are under a contract for a specific term, contract extension/renewal may apply. You may become eligible to take advantage of equipment upgrades at promotional pricing; however, promotional offers may require an extension of your service term and Agreement. We provide a 48-hour of usage satisfaction guarantee on any product you buy from All West. You pay only for the service you’ve used. You will be responsible for all applicable fees, pro-rated access charges, taxes or other charges that accrued to your account through the termination date and equipment return date. You must return All West Equipment in good condition. At our discretion, we may decline your return or charge you a fee for missing items or items that we determine are damaged or require service. All cash, check, or credit card transactions will be refunded by check. Checks take a minimum of 4-6 weeks for processing.
19. Enforcement and Notice. When feasible, All West’s preference is to advise you of violations of this Agreement, or other inappropriate behavior via email, and request that you take necessary corrective action. However, if you use the Services in a way that All West, in our sole discretion, believes violates this Agreement, All West reserves the right to act immediately and without notice to take any responsive actions deemed appropriate, including, but not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Services. All West will not have any liability for any such responsive actions. The above described actions are not All West’s exclusive remedies, and All West may take any other legal or technical action it deems appropriate.
20. No Waiver. The failure of All West to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
VACATION/ SEASONAL/ TEMPORARY HOLD OF SERVICES
Customer may place his/her cable/TV, Broadband/Internet, and telephone services on vacation and/or seasonal hold (“Vacation Hold”).
Eligibility. To be eligible for this service:
1. Customer must have had continuous service with All West for at least thirty (30) days prior to the Vacation Hold;
2. Customer account(s) must be current with no outstanding charges and/or balances;
3. Customer can place any number of services that they have with All West on Vacation Hold; as long as these services are being provided on a month to month basis, and are not being provided under an agreement for a specific term exceeding month to month (“Contract Term”). Services subject to a Contract Term will continue to be billed at the contract amount for the duration of the contract term and are not eligible for Vacation Hold during the Contract Term;
4. Customer can place service(s) on Vacation Hold as many separate times as needed, provided the length of each Vacation Hold must be at least thirty (30) consecutive days, and the total days of Vacation Hold does not exceed six (6) consecutive months at a time;
5. Customer must request Vacation Hold at least seven (7), but no more than thirty (30) days prior to beginning a Vacation Hold period.
Rates. Eligible customers will be required to pay vacation rates as follows:
Telephone: $7.50 per month, pursuant to tariff.
Internet: normal monthly fee for equipment lease for either a modem or switch.
Television: normal month fee(s) for set-top boxes.
Vacation Hold Invoicing. Customer will continue to be invoiced monthly, and all payments shall be due and payable as per our Residential Terms & Conditions of service. Any promotional and/or discount periods will continue to run while customer’s service(s) are on Vacation Hold, and these promotional and/or discounted rates may no longer apply when customer’s service is restored.
Restoration of Services. Upon notification to All West by customer, his/her service on Vacation Hold shall be restored within two (2) business days, provided equipment was left on-site and does not require a full installation. Customer’s service shall automatically be restored on the 181st day after Vacation Hold and all regular charges shall apply.
Ineligible for Vacation Hold. If a customer does not qualify for the Vacation/Season Hold for any reason, the Customer may choose one of the following options:
Temporary Disconnect Option: If a customer requests a temporary disconnection of service, customer will continue to be billed for and will remain liable for any and all applicable equipment charges for equipment that remains in his/her possession while such services are temporarily disconnected. Customer will also incur a reconnection fee of $30 per service each time service is reconnected.
Permanent Disconnect Option: If customer opts for a permanent disconnection of services and returns equipment to All West, customer would need to re-apply for service and be scheduled for a complete install and pay appropriate fees and possible deposit to reconnect in the future.
USE OF SERVICES
In general All West prohibits use of the Services for any activity that violates federal, state, local, or international law, order or regulation.
ADDITONAL PROVISIONS APPLICABLE TO CERTAIN SERVICES
1. Broadband/Internet Services. In addition to the General Terms and Conditions above, the following conditions are specifically applicable to Broadband/Internet Services:
a. Installation. Prior to installation, you are responsible for ensuring that your computer is configured for Broadband modem connection. All West will install broadband service to the modem at your location at no additional charge. An All West Service Technician will consult you on locations that we can install your modem(s). Additional installation fees may be applicable. Inside wiring and jack work may be provided at an additional charge, if requested by you. If it is not possible for us to provide service, you will be released from this agreement. All West reserves the right to deny installation of our services for any reason.
b. Protective Measures. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining means external to All West for reconstruction or retrieval of any lost data. You agree to assess your own needs for protective measure, and you agree to implement, where necessary, voltage spike protection, sufficient grounding measures as per National Electric Code, computer equipment insurance, virus detection, and security and system administration policies. You agree that All West is not liable to you for loss or damage to your equipment or data. All West specifically disclaims all responsibility for files on All West’s servers, and assumes no responsibility for any damages caused by your inability to use the Services.
c. Password Security. You are responsible for the confidentiality of your password. All West will change access to the account upon notification by you that your password has been lost, stolen, otherwise compromised.
d. Service Calls. If All West is called to your location and it is determined that the problem is other than the Broadband Service and/or the broadband interface, a service fee may be incurred and paid by you.
a. Customer Responsibilities.
i. Customers remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Services. All West has no responsibility for any material created on the All West network or accessible using Services, including content provided on third-party websites linked to the All West network.
ii. By posting or submitting any content or other materials to the Sites, including any audio or video files, classified advertisements or personal information (collectively “Your Content”), you affirm, represent and warrant that (i) you own or otherwise control all right, title and interest in and to Your Content, including the copyright thereto; (ii) none of Your Content is defamatory, libelous, obscene or pornographic; and (iii) use of Your Content as provided in these Terms of Service will not violate any legal rights, of any third party. You hereby grant All West and our designees a worldwide, royalty-free, non-exclusive, transferable, sublicensable license (the “License”) to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, and prepare derivative works of Your Content in connection with the Sites or the conduct of All West’s business in any formats and through any media channels. All West may monitor Your Content as it appears on the Sites and may edit or delete Your Content at any time and for any or no reason without your permission.
iii. You are responsible for taking prompt corrective action(s) to remedy a violation of this Agreement and to help prevent similar future violations.
iv. You are solely responsible for the protection of your identity from identity theft. All West does not verify the security of any internet site. Your use of personal information while on the internet places you at risk of identity theft.
v. You will indemnify, defend, reimburse, and hold All West or any parent, subsidiary, affiliate, officer, director, employee, or agent of All West, harmless from and against any and all liabilities, claims, and expenses of any type or nature, including costs and attorneys’ fees, that arise from the exercise of the License set forth above or from your use of the Sites or Services.
b. Prohibited uses of All West Broadband/Internet Services. Prohibited uses include, but are not limited to:
i. Using All West Services to post, store, transmit, or disseminate unlawful material, including without limitation, child pornography, any content, data or other material which is libelous, obscene, hateful, unlawful, threatening, reaction or ethnically offensive, defamatory or which in any way constitute or encourages conduct that would constitute a criminal offense.
ii. Using All West Services to disseminate material which violates copyright or intellectual property rights. Material accessible through All West’s network and Services may be subject to protection under privacy, publicity, or other personal rights and intellectual property rights. Customer shall not use the All West network or Services in any manner that would infringe, dilute, misappropriate, or otherwise violate such rights. You assume all risk regarding whether material is in the public domain.
iii. Pyramid or other illegal soliciting schemes.
iv. Fraudulent activities, including but not limited to, impersonating any person or entity, or forging anyone’s digital or manual signature.
v. Using All West Services to send SPAM, which includes, but is not limited to, sending unsolicited email messages, bulk commercial advertising or informational announcements; sending electronic messages that do not accurately identify the sender, the sender’s return address, the email address of origin, or other information contained in the subject line or header; sending email messages that are excessive or intended to harass or annoy others; continue to send email messages to a recipient that has indicated he/she does not wish to receive them; or sending malicious email.
vi. You are responsible for any misuse of the Services that originates from your account, even activities committed by any friend, family, co-worker, employee, guest or anyone who obtains access to the account. You must ensure that others do not gain unauthorized access to the Services.
vii. The Services may not be used to breach the security of another user, or to attempt access to anyone’s computer, software or data, without the knowledge and consent of that person. The Services may not be used in any 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 that you are not expressly authorized to access, probing the security of other networks, or any other action aimed at the unauthorized interception of data or harvesting of email addresses. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools is strictly prohibited.
viii. You may not knowingly upload or distribute files the contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another’s computer, network system or other property, or be used to engage in modem or system hi-jacking.
ix. You may not allow others access to any of the Services without the express written consent of All West, which may be granted or withheld in All West’s sole discretion.
x. All West prohibits the use of open wireless internet local area connections. Modems and routers that broadcast wireless Internet without wireless security enabled is in violation of this policy. All West reserves the right to bill you a premium fee to allow unsecured wireless local area connections.
xi. You shall not connect servers of any type to the Services. All West reserves the right to suspend or terminate your Services without advance warning if a violation of this policy is detected.
xii. Use of distribution lists in electronic mail or other mass electronic mailings is subject to prior written approval of All West, which will be granted or withheld is sole discretion. Without limiting the foregoing, All West does not allow use of the email system to distribute advertisements, solicitations or any other form of marketing/sales commonly referred to as spamming.
xiii. The use of list, blind copies, relaying to addresses via email is an unacceptable use of the Services.
c. Content. All West has no obligation to monitor content of any materials distributed or accessed using the Services. However, All West may monitor content of any such materials as necessary to comply with applicable laws, regulations, or other governmental or judicial requests; or to protect All West, out network, and our customers.
d. Investigation. All West reserves the right to investigate suspected violations of this Agreement, including the gathering of information from you or other users involved, and the complaining party, if any, and examination of material on All West’s servers and network. During an investigation, All West may suspend the account or accounts involved and/or remove material which potentially violates this Agreement.
f. Web Pages. Web pages included in accounts are specifically designated and shall be monitored by All West for compliance. All West reserves the right to assess appropriate account type fees in the event you publish pages contrary to the stated account web page type (e.g. personal pages used in a commercial manner).
g. Login Sharing. All West provides internet access accounts and doesn’t allow login sharing. All West provides one account access (connection) at a time. If you have simultaneous logins with the same login account at the same time while being an account holder, you violate the condition of one user, one account, and one login at a time. Such violations will be detailed by date and time of each violation and you may be responsible for payment of additional accounts.
2. All West VoIP Services. In addition to the General Terms and Conditions above, the following conditions are specifically applicable to VoIP Services:
a. Description of VoIP Services. VoIP services allow the Customer to make or receive telephone calls over the internet to or from the public switched telephone network. The Analog Terminal Adapter (ATA) is a device that allows you to connect a normal public switched telephone network telephone to the Internet in order to make or place telephone calls. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, creates unique limitations and circumstances, and you acknowledge, understand, and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 911 emergency services.
b. 911 and E-911 Calls. Prior to the initialization of the Services, on your Application for Services you shall provide accurate name and address information where the ATA and the Services will be utilized (also known as “Registered Location”) for the purpose of updating the E-911 Data Base. If your Registered Location provided on your Application does not convert to a valid Master Street Address Guide (also known to as the “MSAG”) address for your locality, All West will notify you and stop all processing of the order until you provides an MSAG-compatible address.
c. Accuracy of Registered Location Information. You assume all responsibility for the accuracy of the Registered Location that you provide to All West for entry into the E-911 Data Base. You bear the responsibility to notify All West of any changes to the Registered Location. You agree to indemnify and hold All West harmless from any claims, damages, or suits related to the accuracy of data provided by you for inclusion in the E-911 Data Base. You shall provide (and update as necessary) All West with accurate information related to E-911 Service, including, but not limited to: location of individual telephone stations and a description of your facilities, equipment and software for the Services. You acknowledge and agree that you will not use All West’s services from any location other than the Registered Location, and that you will not use the ATA from any location other than the Registered Location. It is your responsibility to update the physical location information where the service is being used, or where the ATA is being used, if it differs from the prior Registered Location.
d. Limitation to 911 and E-Service. You acknowledge and understand that access to emergency services through 911 and E-911 calls is limited; that the VoIP Service supports E-911 (where available); and that access to emergency service is available only if the service is operated from the Registered Location, and then only if you have an active connection to the service. You acknowledge and understand that if there is a service outage (even related to extended power outages) for any reason, such outage may prevent all voice service, including 911 dialing.
e. Service Outages Due to Power Failure or Disruption. Dependent upon your location, network backup power systems may be in place during the event of a power failure. Your device, as set forth herein, may also provide limited battery backup. Consult with All West to determine whether or not your device has battery backup.
f. Service Outages Due to Internet Outage or Suspension or Disconnection of Broadband Service or ISP Service. Service outages or suspensions or disconnections of service by your broadband provider or ISP will prevent all All West VoIP Service, including 911 Dialing, from functioning.
g. Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. Your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that you alert us to this situation, we will attempt to work with you to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 dialing feature, may not function. You acknowledge that All West is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 dialing, which may result. In the event you lose service as a result of blocking of ports or any other impediment to your usage of the Service, you will continue to be responsible for payment of the Service charges unless and until you disconnect the Service in accordance with this Agreement.
h. Other Service Outages. If there is a Service outage for any reason, such outage will prevent all Service, including 911 dialing, from functioning. SUCH OUTAGES MAY OCCUR FOR A VARIETY OF REASONS, INCLUDING, BUT NOT LIMITED TO, THOSE REASONS DESCRIBED ELSEWHERE IN THIS AGREEMENT.
i. Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
j. Time. You also acknowledge that it may take All West up to seven (7) days to get the correct address information to E-911 database and that during that time the E-911 Data Base may have the wrong address information. You should be prepared to give the local emergency operator answering the 911 call, your call back number and exact location.
k. Limitation of Liability and Indemnification. You will indemnify and hold All West, its affiliates, directors, officers, employees and agents from and against all claims, demands, actions, causes of action, damages, liabilities, losses and expenses (including reasonable attorneys’ fees) incurred as a result of any act or omission, representation or statement by you, your affiliates, directors, officers, employees or agents related to E-911 services.
l. Release. You agree to release, indemnify, defend, and hold harmless All West from any and all losses, claims, demands, damages, expenses, suits or other action or any liability whatsoever including, without limitation, costs and attorneys’ fees, suffered, made, instituted, or asserted by you and your users against All West arising out of, or related to, 911/E-911 service, including, but not limited to, the delivery of 911/E911 calls to emergency call centers, the delivery of the end user’s call back number and location information, and/or providing information to customers of the capabilities and limitations of 911/E-911 services.
m. Devices. All West requires the use and/or rental of VoIP devices, including, but not limited to a Multi-media Terminal Adapter (“MTA”), an ATA, or other IP connection device to be used in conjunction with the All West VoIP Services.
i. Device with battery backup. Battery backup on qualifying devices is limited. Excessive use during a power outage will result in shortened life of the internal battery. The device will provide indication of low battery voltage. Customer should contact All West for instructions or replacement. Failure of network power backup systems or the MTA internal backup system during a power failure or disruption will prevent all service, including 911 dialing, from functioning.
ii. Device without battery backup. Devices that do not have a battery backup cannot support 911 dialing in event of a power failure or disruption. If there is an interruption in the power supply, the All West VoIP Service, including 911 Dialing, will not function until power is restored. Following a power failure or disruption, you may need to reset or reconfigure the device prior to utilizing the All West VoIP Service, including 911 dialing.
n. Prohibited Uses of All West VoIP. Prohibited uses of All West VoIP Services include, but are not limited to:
i. Using All West VoIP Services in any way that is threatening , abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or any similar behavior.
ii. Using All West VoIP Services with auto-dialers.
iv. Use of fax machines for fax broadcasting or fax blasting.
v. Extensive call forwarding or use of call forwarding or conference features to act as a bridge to chat lines or other conferencing facility.
vi. Operating a business (including a home based business, a non-profit business, governmental or other enterprise).
vii. Operating a call center or conference line.
viii. Transmission or reception of broadcasts over teleconferencing facilities.
ix. Transmission or reception of recorded material or communications which do not consist of standard residential voice calling involving life dialog between individuals.
x. Utilization of All West VoIP service for monitoring services, data transmissions, or transcription services.
xi. Transmissions or reception of broadcasts.
xii. Resale of the All West VoIP Services to others.
3. Residential Long Distance Service. In addition to the General Terms and Conditions above, the following conditions are specifically applicable to Residential Long Distance Services:
a. All West Flat Rate Plan. You must have or purchase local telephone service from All West. Domestic, direct-dialed long distance minutes will be billed at 6 cents per minute with a $0.00 monthly fee. Calls are billed in one minute increments; partial minutes are charged as full minutes. Rates exclude taxes, fees, surcharges, installation charges and other charges. Availability, rates, terms and conditions are subject to change. You agree to use the Services for residential use only, and not commercial or business use.
b. All West Talk-A-Lot Plan. You must have or purchase local telephone service from All West. This plan provides unlimited domestic, direct-dialed long distance service within the contingent United States for $19.95 per month. You agree to use this plan for residential, non-business use only. You acknowledge and agree that this plan requires provisioning of Interstate, Intrastate / InterLATA and Intrastate / IntraLATA service. Long distance service is provided by All West. Quoted rate excludes calling cards, taxes, fees, surcharges, installation charges, universal service charges and other. Calls to areas outside the contingent US will be billed at 6 cents per minute, or in the case of International calls at the rate for that specific country or calling area.
c. Prohibited Use of Residential Long Distance Services. Prohibited use of Residential Long Distance Services include, but are not limited to:
i. Long distance or local toll access to the Internet or for business purposes such as telemarketing, auto-dialing, or commercial or broadcast facsimile (FAX) where any of these calls would be long distance or local toll calls.
d. If the Residential Long Distance is used for unauthorized purposes, or if qualifying services are removed from the account, All West may immediately suspend, restrict or cancel your Services. Additionally, in the event your usage exceeds reasonable residential usage, in All West’s discretion, All West may offer you an alternative pricing plan or suspend, restrict, or terminate your service.
All West respects the intellectual property rights of others. This policy identifies and describes the way All West handles copyright infringement claims.
1. Notice and Procedure for Making Claims of Copyright Infringement.
a. Pursuant to Federal Copyright law, if you believe copyrighted work is available at the Sites in a manner that may constitute copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DCMA”) to All West’s Copyright Agent:
50 W 100 North, Kamas UT 84036
2. Notice Requirements. To be effective, a notification of a claimed copyright infringement must be provided in writing to All West’s above-listed Copyright Agent and must include the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed upon;
c. A specific description of where the material that you claim is infringing is located on the Sites;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
3. Receipt of Written Notification. Upon receipt of appropriate written notification from the Complaining Party, pursuant to the requirements set forth above (the “Infringement Notification”), All West will remove or disable access to the material that is claimed to be infringing, and will forward the Complaining Party’s Infringement Notification to such alleged infringer (hereinafter “Impacted Party”) and shall take reasonable steps promptly to notify the Impacted Party that All West has removed or disabled access to the material.
4. Counter Notification. In response to receipt of the Infringement Notification, an Impacted Party may provide Counter Notification by providing a written communication to All West’s Copyright Agent, as identified above, that includes substantially the following:
a. A physical or electronic signature of the Impacted Party.
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
c. A statement under penalty of perjury that the Impacted Party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
d. The Impacted Party’s name, address, and telephone number, and a statement that the Impacted Party consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Impacted Party’s address is outside of the United States, for any judicial district in which All West may be found, and that the Impacted Party will accept service of process from the Complaining Party or an agent of such Party.
5. Receipt of Counter Notification. Upon receipt of a Counter Notification described above, All West shall:
a. Promptly provide the Complaining Party with a copy of the Counter Notification;
b. Inform such Party that it will replace the removed material or cease disabling access to it in 10 business days; and
c. Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless All West’s Copyright Agent first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Impacted Party from engaging in infringing activity relating to the material on All West’s system or network.
6. Termination for Copyright Infringement. All West’s policy is to terminate the online privileges of individual who repeatedly violate the copyrights of others. A repeat offender is defined as an account with more than 6 infringements within a 3 month period.
2. Customer Proprietary Network Information (CPNI). CPNI is a subcategory of protected customer information defined by federal law as information about a consumer’s account, including usage and billing of telecommunications services. Those services are offered by providers of traditional local, long distance, and wireless services, as well as providers of Voice over Internet Protocol (VoIP) services to consumers. CPNI includes what services you subscribe to, how you use them, and what you are charged for them. It does not include your name, address, telephone number, or other types of information such as information about your telephone equipment or Internet access services. We are required to treat CPNI confidentially, and we do. The FCC regulates when and how CPNI can be shared and used.
a. Marketing rules. The FCC has categorized consumer CPNI into three distinct service groups: local, long distance, and wireless service. The CPNI that a carrier can use to market its services to its customers – without their approval – depends on what service groups the customer already buys from. Carriers are permitted to use CPNI for marketing similar products within a service group. For example, if you subscribe to our local service, we are allowed to use that local service information to sell you additional local service products and services.
b. Approval rules. We obtain customer approval to use CPNI across service groups in two different ways. In some circumstances, we ask for customer consent. In other words, we may ask customers to “opt-in” to our use of CPNI across service groups. In most circumstances, however, we inform customers that CPNI will be used unless they instruct us not to. In these cases, the customers must specifically “opt-out” to our use of CPNI across service groups. We can ask for long-term approval (that lasts until it is withdrawn) or we can ask for approval each time we interact with a customer (short-term approval).
c. Rules on non-marketing uses of CPNI. We are allowed to use consumer CPNI for various non-marketing purposes without specific customer approval. These activities include installing, providing, billing for, and collecting for Services. We may also use CPNI without specific approval to protect our rights or property or those of our customers or other carriers and to address fraud, abuse or unlawful subscriptions to or use of our services.
d. Access rules. Before speaking with a caller about account information, we take steps to authenticate the identity of the caller and confirm that he or she is authorized to have access to information on the account. We do not discuss account information with anyone other than the account holder. Per FCC rules, we will not discuss call detail information with customers over the telephone unless the customer provides specific information about the calls in question, such as in the context of a billing inquiry, or unless the customer provides their specific password. We will not release CPNI in a retail store unless our customer presents a valid photo ID. Additionally, our customers cannot access online account information using only account information or generally known information. Rather, online account access is restricted through security code and password requirements.
3. How We Collect Information And How We Use It. We collect information in three primary ways:
a. You give it to use when you purchase or interact with us about a product or service we offer or provide;
b. We collect it automatically when you visit our websites or use our products and services; and
c. We obtain it from other sources such as credit agencies.
5. Using Our Services. When you use our Services, you must provide certain Personally Identifiable Information for us to properly provide you with the Services. We collect and store this Personally Identifiable Information and any modifications that either you or we make to that information. We may disclose User Information (i) to provide you Services that you request and provide you with the best customer experience possible; (ii) to answer questions you may have about the Services you purchase; (iii) to communicate with your regarding Service updates, offers and promotions, and deliver customized content and advertising to you; (iv) to address network integrity and security issues; (v) to obtain a credit report; (vi) to provide local directory and directory assistance; (vii) to law enforcement or other governmental officials as required by law, if appropriate, for your protection, safety, or in connection with an investigation or prosecution of possible unlawful activity, in which cases we may be required to disclose the information without your consent or knowledge as required by federal and/or state statutes and regulations; (viii) in connection with a sale or merger of All West; or (ix) for other legally permissible purposes. We may also share aggregate anonymous data relating to the transactions on the website and use of the Service for marketing, research and other purposes.
8. How we protect your information. We employ and maintain technology and security measures designed to protect User Information. When you submit sensitive information via our website, that information is subject to a variety of protections both on-line and off-line, including password protected systems and firewalls. Sensitive and private data exchange between the website and its users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. However, no data transmission over the Internet can be guaranteed to be 100% secure.
9. Third party websites. You may find advertising or other content on our website that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our website. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies. We are not responsible or liable for the actions or policies of third parties.
This is an equal opportunity provider and employer.
If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Form, Found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at email@example.com