Chariton Valley
 

Wireless Terms of Service

Privacy Policy

Chariton Valley Wireless (CVW) collects information about you and your use of our data services in order to monitor and improve our business services and in order to develop products and services that might be of interest to you. You provide CVW with individually-identifiable information (such as name, address, telephone number or e-mail address) when you initiate communications to or through our website or by use of our data services, CVW collects that information.

We do not collect individually identifiable information from you unless you provide it to us, or sell the names and addresses of visitors to our site to unaffiliated suppliers, without providing information on that disclosure where the individually identifiable information is collected.

We do collect, maintain and use customer information in order to provide products and services we hope will be of use to our customers. We honor customers’ requests to remove their names from our telephone or mail solicitation lists, and attempt to use reasonable efforts to delete that information from those lists. Please contact us to make such request. When considering or undertaking projects with other companies, any customer identification information supplied to them is supplied with the understanding they will maintain its privacy. CVW is not responsible for content or privacy policies of other sites. You should keep this in mind when accessing sites through links on CVW website.

We look for ways to enhance our products, services, and business relationships with our customers. From time to time, we may let you know about a product or service using the information you have provided to us. If you would prefer not to receive information about new product or service offerings, please contact us.

In addition to individually identifiable information, we may collect information when you or a visitor enter the Chariton Valley website, such as the domain name, browser, the type of computer operating system, information about the web page from which the visitor linked to the site, and time spent on different pages within the site. We may use this information to evaluate and improve the site, and may share the information with others in developing or improving our services.

For customers with children that may be using CVW service, we strongly encourage you to train them as to safe use. CVW will be happy to assist, but we can’t do so unless we are adequately informed and requested to do so. Children should consult with their parents or guardian before furnishing any data to us. Parents should supervise their children’s on-line activities and may consider using one of a number of available parental control tools designed to attempt to provide a child-friendly on-line environment, and to attempt to prevent children from disclosing individually identifiable information without parental consent. If a child has provided individually identifiable information without the consent of a parent or guardian, that parent or guardian should contact us to request that the information be deleted from our records.

CVW reserves the right to expand our capabilities for information collection and use, and may change our policies along with this privacy statement at any time.  It is your responsibility to review this Privacy Policy, which is available upon request, or by viewing our website, prior to using the website or data services.  Use of our website or data service by you constitutes acceptance of this policy.  Any changes or modifications become effective when posted.   Use after any changes or modifications have been posted shall constitute acceptance of such changes or modifications.

 

Acceptable Use Policy

By using CVW data service, customer agrees to be bound by, and comply with, this Acceptable Use Policy (“AUP”) as well as any Terms and Conditions associated with the service(s) to which the customer subscribes.  CVW reserves the right to change or modify the AUP at any time at its discretion.  Any changes or modifications become effective when posted.  Customer’s use of CVW data service after the changes or modifications have been posted shall constitute acceptance of such changes or modifications.

 

  1. Enforcement and Notification.  Any use by the CVW customer or any other entity using the customer’s service that CVW, at its sole discretion, determines violates this AUP may be subject to action by CVW to enforce this AUP. Those actions may include, but are not limited to, warning the user, suspending the user’s account(s), or terminating the user’s account(s).  CVW may, when feasible, attempt to notify the user of the violation and allow the user to correct the violation.  However, notification is not required nor does a failure to notify a user limit the actions CVW may take.

CVW reserves the right to immediately suspend or terminate a user’s service without notice in response to a legal order or government notice that such use or conduct be terminated.  In addition, CVW reserves the right to suspend or terminate a user’s service without notice if CVW determines that a user’s conduct: (a) violates any law or regulation; (b) exposes CVW to criminal or civil liability, prosecution, or sanctions; (c) exposes CVW’s network or property, or other CVW customers’ network or property, to harm; (d) interferes with the integrity or normal operations of the CVW network; or, (e) interferes with other CVW customers’ use of CVW data service.

CVW suspension of the user’s service in accordance with this AUP is not, and shall not be construed to be, a termination of the user’s corresponding service agreement with CVW; and the user shall be and remain obligated to comply with each and every term of such agreement notwithstanding the suspension (including, but not limited to, the payment of all fees and charges identified in that agreement).  Further, notwithstanding any termination of a user’s account(s) by CVW in accordance with this AUP, the user shall remain obligated to fulfill all accrued obligations stated in such user’s service agreement with CVW, as well as any obligations resulting from the termination by CVW (including, but not limited to, the obligation to pay to CVW any early termination fees stated in the service agreement).

CVW reserves the right to remove, block, filter, or restrict the transmission of any material or content that CVW determines, at its sole discretion, is unlawful.  Such transmission, or attempted transmission, violates this AUP and Terms and Conditions and CVW may take action as described above

 

Prohibited Conduct and Activities.  The CVW network shall not be used in connection with any criminal, civil or violation of any applicable local, state, federal, national or international law, treaty, court order, ordinance, regulation, or administrative rule.  Customer shall not use CVW network or services to transmit any material whose transmission is unlawful under any law applicable to such transmission. Customer may not use CVW service other than as intended by CVW and applicable law.  Customer may not use CVW service for illegal purposes, purposes that infringe upon others’ intellectual property rights, in a manner that interferes with other users’ service, interferes with CVW network, or interferes with CVW ability to fairly allocate capacity on its network among users.  Customer may not use CVW service for any purpose contrary to the Acceptable Use Policy.  Customer may not send solicitations to other CVW users without their consent.  CVW services are for individual use only and are not for resale without CVW prior written authorization.

Examples of prohibited uses include, but are not limited to: (i) using the Services for any activity that adversely affects the ability of other people or systems to use either the Services or other parties’ Internet-based resources including, but not limited to excessive consumption of network or system resources (whether intentional or unintentional) and “denial of service” (DoS) attacks against another network host or individual user; (ii) interference with or disruption of other network users, network services or network equipment; (iii) for uploading, downloading or streaming of content in violation of local, state or federal law(s) including copyright violations; (iv) as a medium to distribute mass, unsolicited or otherwise unlawful mail, traffic and/or content.

CVW suspension of the user’s service in accordance with these Terms and Conditions is not, and shall not be construed to be, a termination of the user’s corresponding service agreement with CVW; and the user shall be and remain obligated to comply with each and every term of such agreement notwithstanding the suspension (including, but not limited to, the payment of all fees and charges identified in that agreement).  Further, notwithstanding any termination of a user’s account(s) by CVW in accordance with these Terms and Conditions, the user shall remain obligated to fulfill all accrued obligations stated in such user’s service agreement with CVW, as well as any obligations resulting from the termination by CVW (including, but not limited to, the obligation to pay to CVW any early termination fees stated in the service agreement).

 

  1. Harm to Minors.  Customer shall not use CVW network or services to harm, or attempt to harm, minors in any way.

 

  1. Child Pornography. Customer shall not use CVW network or services to publish, submit, receive, upload, download, post, use, copy, produce, transmit, distribute, or store child pornography.

 

  1. Threatening Material or Conduct.  Customer shall not use CVW network or services to host, post, transmit, or re-transmit any content or material that harasses or threatens or encourages bodily harm or destruction of property.

 

  1. Inappropriate Content.  CVW reserves the right to remove or restrict posting of materials that, at CVW sole and reasonable discretion, is determined to be obscene, indecent, defamatory, libelous, hateful, malicious, threatening, abusive, racist, excessively violent, promotes the use of violence against others, fraudulent, or treasonous. (same concern/comment re censorship)

 

  1. Harassment. Customer shall not use CVW network or services to transmit any material that unlawfully or otherwise harasses another.

 

  1. Intellectual Property.All service marks and trade names used on or in connection with the Services are the property of their respective owners. You must respect the intellectual property rights of CVW, our third-party content providers, and any other owner of intellectual property whose protected property may appear on any Web site and/or dialogue box controlled by CVW or accessed through the CVW Web sites. Except for material in the public domain, all material displayed in association with the Service is copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner. CVW, the CVW logo and all other CVW marks contained herein are trademarks of CVW Intellectual Property and/or CVW affiliated companies. All other marks contained herein are the property of their respective owners.

 

  1. Fraudulent or Misleading Content. Customer shall not use CVW network or services to transmit or distribute material containing fraudulent offers for goods and services or any advertising containing false, deceptive, or misleading statements, claims, or representations.

 

  1. Harmful Content. Customer shall not use CVW network or services to transmit, distribute, or store material that may be harmful to or interfere with CVW network and services or any third party’s network, service, or system.  This includes, but is not limited to, viruses, worms, and Trojan horses

 

  1. Forgery or Impersonation. Customer shall not use CVW network or services to add, remove, or modify identifying information in an effort to deceive or mislead the recipient of such information or in an attempt to impersonate another person.

 

  1. Unauthorized Access. Customer shall not use CVW network or services to access, or to attempt to access without authorization, the accounts of others or to gain access to CVW network, databases, or systems, whether or not the attempt or intrusion is successful.

 

  1. Unsolicited Commercial or Bulk E-mail. Customer shall not use CVW network or services to transmit unsolicited commercial e-mail, unsolicited bulk e-mail, or any such e-mails which could reasonably be considered “spam.”  In addition, Customers are prohibited from using another provider’s service to send “spam” to promote a site hosted on or connected to CVW network or services.  Customers shall also refrain from using CVW network and services to: (1) send e-mail messages which are excessive and/or intended to harass or annoy others; (2) continue to send e-mail messages to a recipient that has indicated they no longer wish to receive them; (3) send an e-mail with a forged Transmission Control Protocol (TCP)/ Internet Protocol (IP) packet header information; (4) send malicious e-mail, including, without limitation, “mail-bombing”; or, (5) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider.

 

  1. Collection of Personal Data. Customer shall not use CVW network or services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.  This includes, but is not limited to, phishing activities.

 

  1. Network Disruptions and Adverse Activity.  Customer shall not use CVW network or services to conduct activities that may be harmful to or interfere with CVW network or services or any third party’s network or services.  In addition, customer shall not use CVW network or services to conduct any activity that adversely affects the ability of other customers to use CVW network or services.  This includes, but is not limited to, flooding, mail bombing, or denial of service attacks.  Such violations may also result in criminal and/or civil liability.  CVW will investigate such activity, and when warranted, may involve and cooperate with law enforcement authorities in prosecuting users involved in such activity.

 

  1. Third Party Rules. Failure to adhere to any rules, guidelines, or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that are accessed through CVW network or services shall constitute a violation of the AUP and/or Terms and Conditions.

 

  1. Prohibition on Resale.  Customers are prohibited from reselling CVW services without CVW prior authorization whether or not a fee is being charged.

 

  1. Information/Content/Applications: Certain information, applications, or other content is provided by independently owned and operated content providers or service providers who are subject to change at any time without notice. CVW IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, OR OTHER CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES. Third-party content or service providers may impose additional charges. Policies regarding intellectual property, privacy and other policies or terms of use may differ among CVW content or service providers and you are bound by such policies or terms when you visit their respective sites or use their services. It is your responsibility to read the rules or service agreements of each content provider or service provider. Any information you involuntarily or voluntarily provide third parties is governed by their policies or terms. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any application, information or downloaded data is not guaranteed or warranted by CVW or any content providers or other third party. Delays or omissions may occur. Neither CVW nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any information, application or content, or any information, application, or other content acquired through the Service. You acknowledge that every business or personal decision, to some degree or another, represents an assumption of risk, and that neither CVW nor its content and service providers or suppliers, in providing information, applications or other content or services, or access to information, applications, or other content underwrites, can underwrite, or assumes your risk in any manner whatsoever.

 

  1. Monitoring Obligations.  CVW is under no obligation to monitor Customer’s content, usage, bandwidth, or transmission associated with the Customer’s use of CVW network or services.  However, CVW reserves the right to do so.  CVW may monitor content, usage, bandwidth, or transmissions as necessary to: (a) enforce the terms of the AUP and Terms and Conditions; (b) comply with applicable laws, regulations, or other governmental or judicial directives; (c) protect CVW network and services; or, (d) ensure other users are not being adversely affected by Customer’s conduct or activity.  CVW reserves the right to modify, restrict, or block access or usage in response to discoveries made while monitoring content, usage, bandwidth, or transmissions.

 

  1. Indemnification. Customer will defend and indemnify CVW against all claims, actions, judgments, damages, fines, costs, and other expenses, including reasonable lawyer’s fees and disbursements (collectively, “Indemnification Claims”) arising out of Customer’s failure to comply with the requirements of this AUP and the certifications and commitments contained herein.  For avoidance of doubt, Indemnification Claims shall include regulatory enforcement proceedings initiated by any Government Authority and the costs thereof.  In relation to any Indemnification Claims:  (a) CVW shall have sole control of the defense and/or settlement thereof; (b) Customer shall furnish to CVW on request all information in Customer’s possession or control for such defense; and (c) Customer shall cooperate with CVW in the defense of such claims as requested by CVW.

 

  1. Security: CVW DOES NOT GUARANTEE SECURITY. If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company’s internal IT and security procedures.

 

  1. Access Requirements:Additional hardware, software, subscription, credit or debit card, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. CVW is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.

 

  1. Speed & Performance: CVW reserves the right to: (i) limit throughput or amount of data transferred, deny Service, and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited above or whose usage adversely impacts its network or service levels; (ii) protect its network from harm, which may impact legitimate data flows; and, (iii) discontinue service after a period of inactivity or after sessions of excessive usage

 

Actual speed and performance are based on available network resources.  In addition, other factors can impact speed and performance.  Speed and performance may vary and are not guaranteed and may not be available in all areas.

 

  1. Permissible Uses – Residential Broadband

 

Residential Broadband service is only available on CVW EV-DO network.  Customer may use Residential Broadband service for the following purposes: (i) Internet browsing; (ii) email; (iii) participation in, but not the hosting of, “online gaming”; (iv) lawful uploading, downloading, and streaming of audio, video, and games; and, (v) Voice over Internet Protocol (VoIP).

 

  1. Permissible Uses – Shared Mobile Data

 

Mobile Data services may be used for the following purposes: (i) Internet browsing; (ii) email; (iii) corporate intranet access (including access to corporate email, customer relationship management, sales force automation, and field service automation applications); (iv) lawful uploading, downloading, and streaming of audio, video, and games; and, (v) Voice over Internet Protocol (VoIP).

 

  1. Reasonable Network Management – Generally

 

CVW will employ reasonable network management principles to ensure all of our customers have a fair opportunity to utilize CVW network and services.  As part of our reasonable network management plan, CVW reserves the right to suspend or terminate, without notice to the Customer, any Customer’s service who is interfering with other users’ service and/or interfering with CVW ability to fairly allocate capacity among users.

 

  1. Reasonable Network Management – Residential Broadband

 

CVW reserves the right to limit throughput speed or immediately terminate service, without notice, of Customer if: (i) the Customer, in CVW sole discretion, is using the service in a manner that is prohibited by the AUP or these Terms and Conditions.

 

  1. Reasonable Network Management – Shared Mobile Data

 

CVW reserves the right to limit throughput speed or immediately terminate service, without notice, of Customer if: (i) the Customer, in CVW sole discretion, is using the service in a manner that is prohibited by the AUP or these Terms and Conditions; or, (ii) Customer’s data usage off of CVW network is 50% or greater in a billing month.

 

Terms and Conditions

 

These Terms and Conditions along with the CVW Acceptable Use Policy (AUP) set forth Customer’s obligations, CVW obligations, and the rules Customer must follow when using CVW data service.

 

Coverage Map/Service Availability/Access/Coverage: The map shows an approximation of service coverage. Actual coverage may vary. Service may be interrupted or limited due to weather, terrain, customer equipment or network limitations. Coverage indoors may also vary. Chariton Valley does not guarantee coverage or availability of wireless network. Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice. When outside coverage area, access will be limited to information and applications previously downloaded to or resident on your device. Coverage areas vary between CVW, EDGE/GPRS/1X/EVDO/LTE. CVW download speeds vary. Actual download speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints. LTE is a trademark of ETSI.

General Terms: You are required to (1) use a device programmed with CVW’s preferred roaming database; and (2) have a mailing address and live in CVW owned network coverage area (Chariton Valley owned network consist of (Audrain, Chariton, Macon, Marion, Monroe, Linn, Ralls, Randolph, Pike, Shelby) counties. Not all features are available with all devices. Services may not be available in all areas. $1.99 Regulatory Cost Recovery Fee applies; this is not a tax or government required charge. All other charges apply

Service Guarantee: Chariton Valley offers a fifteen (15) day service guarantee where you may return the wireless device to us in good condition. Wireless device must be returned with original packaging, battery, accessories and instruction manuals. $30.00 restocking fee may apply.

 

Chariton Valley Wireless Device Financing Program: “Retail Installment Pricing”

 

RESPONSIBLE PARTY.  As used herein, “you” or “Buyer” means an individual or a business entity that is the customer of record.  If you are an individual signing on behalf of an entity, you represent that you are authorized to sign on its behalf and, if it is determined that you are not so authorized, you understand and agree to be personally responsible for and guarantee payment of any sums that become due under this Agreement.

SALES TAX.  Depending on the Device, you may be required to pay all applicable sales tax or similar taxes, fees or surcharges on the Device at time of purchase rather than financing these items.

PAYMENTS.  Payments of the Monthly Device Charge are due as stated in the payment schedule disclosed above on the day that payment for your wireless service is due under the Terms and Conditions of your wireless service or, if applicable, your business agreement (the “Service Agreement”).  The Monthly Device Charge will appear on your monthly bill that you receive for service under your applicable service agreement with Chariton Valley for wireless voice and/or data service for the Device (the “Service Agreement”).  Payments that you make will be applied first to outstanding balances due under your Service Agreement, then to balances due under this Agreement, with any excess credited toward your next month’s wireless service.  Once you have made all payments due under this Agreement, the Monthly Device Charge will no longer appear on your bill.

LATE CHARGES.  Any payment not paid by the due date will be assessed a late charge of up to a maximum of ten dollars.

PAPERLESS & AUTO PAY CREDIT.  Promotions require account to be enrolled in Paperless &/or Autopay to be eligible to receive promotions or discounts.  Customer will forfeit any credit if either service is removed from their account, effective immediately.

PREPAYMENT.  You may make early payments or you may pay the total amount due under this Agreement, without penalty, at any time before the final scheduled payment is due.

BUYER ELIGIBILITY.  Retail Installment financing pursuant to this Agreement is available only to: (1) existing Chariton Valley consumer customers with a history of timely payments for at least six (6) months prior to entering into this Agreement; or, (2) new consumer customers with an acceptable credit history pursuant to Chariton Valley policies, as such policies may change from time-to-time.  Retail Installment financing is available only to customers who select postpaid plans from Chariton Valley.

ELIGIBLE DEVICES.  All wireless handsets and devices may not be eligible for purchase through this Agreement.  For a list of eligible devices, please contact Chariton Valley.

DEVICE FINANCING LIMIT PER ACCOUNT.  You may finance up to five (5) devices for each post-paid, consumer wireless account.

VERGE UPGRADE FOR QUALIFYING DEVICES.  For certain qualifying devices, if your wireless account is in good standing and you have made a minimum of fourteen (14) monthly installment payments, you may trade-in your qualifying Device and purchase of a new eligible device (under a qualifying post-paid wireless plan).  Customer agrees to participate in Chariton Valley’s Device Recovery Program. Devices are only eligible for trade-in if they are fully functioning and in good physical condition.  A Device may not be considered in good physical condition at Chariton Valley’s discretion for reasons including, but not limited to, liquid damage, chips, cracks, or broken screen or body damage.  After upgrade, any remaining unbilled installment payments under this Agreement are waived.  If a Device is not fully functioning and is not in good physical condition, Buyer remains responsible for the remaining installment payments under this Agreement.  For a list of devices that qualify for upgrade, please contact Chariton Valley.

30 Month Financing Agreement:  For devices that customer agrees to finance for 30 months. For certain qualifying devices, if your wireless account is in good standing and you have made a minimum of twenty-four (24) monthly installment payments, you may trade-in your qualifying Device and purchase of a new eligible device (under a qualifying post-paid wireless plan.) If service is canceled, remaining installment agreement balance is due.  For devices that entered agreement during promotional period, are pursuant to policy as well.  For Smartphones and Basic Phones, the full amount remaining on the Retail Installment Contract must be paid at the time of cancellation.

10GB Individual Plan: New Retail Installment Contract and Device Protection+ required. Credit approval also required. Additional fees (including Device Connection Charges), taxes, terms, conditions and coverage areas apply and may vary by plan, service and phone. Offers valid at participating locations only and cannot be combined. Enrollment in a Device Protection Plan is required for this promotion. The minimum monthly price for Device Protection varies by smartphone model. A service fee/deductible per approved claim applies. You may cancel Device Protection anytime.  Limitations and exclusions apply. For more information on Device Protection please contact a wireless sales consultant.

2GB of Bonus Data Promotion: Purchase an iPad to a new activation on a qualifying Shared Data Plan 12 GB or higher, and receive 2 GB of data free for the first 24 months of service.    Retail Installment Contract for installment pricing required. Credit approval also required. Additional fees (including Device Connection Charges), taxes, terms, conditions and coverage areas may apply and may vary by plan, service and phone. The additional 2 GB does not add to rolling data. Customers will use their normal rate plan first, then their rolling data, and finally the additional 2 GB. Offers valid at participating locations only and cannot be combined. See store details. Limited time offer. Trademarks and trade names are the property of their respective owners.

DEVICE RECOVERY PROGRAM.  “You”, the Customer, are entering into a binding agreement (“Agreement”) with Chariton Valley Wireless (CVW) to sell Your Device(s) (collectively “Device”) via Chariton Valley’s Device Recovery Program, and You:

  1. Represent and warrant that You are free to enter into this Agreement.
  2. Represent and warrant that You have sole ownership rights in and to the Device and that the Device is not stolen property.
  3. Acknowledge and understand that You are selling the Device in consideration for the Offer Price and that by accepting the Offer Price, You are giving up full ownership rights to the Device.
  4. Acknowledge and understand that You are responsible for the removal of all personal information, passwords or user locks before surrendering the Device.
  5. Acknowledge and understand that the sale of Your Device is final, non-refundable, and non-returnable (unless otherwise required by law).
  6. Acknowledge and understand that You are responsible for deactivating the Device, retiring any outstanding balances, and that any service charges on the Device following the transaction date are Your sole responsibility.
  7. Acknowledge and understand that information You provide in connection with the sale of Your Device, including your name, address, telephone number, e-mail address, and Serial number may be shared between Chariton Valley Wireless (CVW) solely in connection with the sale of Your Device.
  8. Acknowledge that You have been advised of any return policy regarding the purchase of a new Device, equipment or accessory.
  9. Acknowledge and understand that if you choose to not surrender Your Device at a Chariton Valley Wireless (CVW) agent/retail store that adjustments will be made to the proposed Offer Price. .
  10. By surrendering Your Device, You are accepting the Offer Price and agreeing to the Chariton Valley Wireless (CVW) Terms of Service

 

RISK OF LOSS: DEVICE PROTECTION.  You bear the entire risk of loss, theft, or damage to the Device from any cause during the entire term of this Agreement.  Even if the Device is lost, stolen, or damaged, you remain obligated for any outstanding payments due under this Agreement.  We recommend that you obtain device protection on the Device.  You may obtain this property coverage from anyone you want and Chariton Valley Wireless (CVW) also offers device protection coverage.  Please contact Chariton Valley for information about device protection.

Device Protection: You are not required to purchase device protection against the loss or theft of the device or an extended warranty contract (“Device Protection”) as a condition to receiving credit. You may obtain property insurance and extended warranty coverage from anyone you want.

Wireless Service: You are required to obtain voice, messaging or data wireless service (“Wireless Service”) from Chariton Valley at the time you enter into Contract in order to obtain retail installment pricing under this Contract. We may include the charges you owe under the Contract on the bills you receive for the Wireless Service. Other terms and conditions for Wireless Service will apply. If you purchase a tablet device, you may terminate your Wireless Service agreement after the first month of Wireless Service without an early termination fee. If you purchase a handset device, you are required to maintain Wireless Service during the term of the Contract.

Activation Fees: $30 Activation Fee for each new line may apply. Activation Fee not refunded if customer disconnects during the fifteen (15) day service guarantee and customer is responsible for all usage during fifteen (15) day service guarantee. Customers who purchase a handset or tablet device without a wireless contract will pay $30 Activation Fee each time they choose to activate a handset or tablet device on the Chariton Valley network.

Unlimited Data Services: Unlimited data plans will stream at designated high definition speeds, and will not have any additional limitations placed on account.  Standard rate plan will have speeds of up to 3/1 Mbps, and Premium (including all Wireless Data Plans) will have speeds available of up to 5/2 Mbps.

Minute Increment Billing and Usage: Airtime and other measured usage are billed in full-minute increments, and actual airtime and usage are rounded up to the next full increment at the end of each call for billing purposes. CVW charges a full-minute increment of usage for every fraction of the last minute used on each wireless call. Calls placed on networks served by other carriers may take longer to be processed, and billing for these calls may be delayed. Unanswered outgoing calls of 30 seconds or longer incurs airtime. You may obtain usage information by calling customer service or signing up for online bill pay.

Pricing/Taxes/Proration: Final month’s charges will be prorated. Prices are subject to change. Prices do not include taxes.

Call Directory Assistance: By dialing 411 (Calls may be listed as 877-332-5908 or 866-494-5497 on your monthly billing statement) from your wireless phone, to get the phone numbers of the people and businesses you need. In addition to the Directory Assistance charge, airtime and toll charges may apply if auto call completion is used.

Rate Plans: Smartphone and Feature Phone plans are limited to 10 devices. You may finance up to five (5) devices for each post-paid, consumer wireless account. Small Business includes 10+ devices with Federal Tax ID. Smartphones and Mi-Fi/Tablet or Routers require subscription to Shared Data Plan.

Unlimited Voice Services: Unlimited voice services are provided primarily for live dialogue between two individuals. If your use of unlimited voice services for conference calling or call forwarding exceeds 1000 minutes per month, CVW may, at its option, terminate your service or change your plan to one with no unlimited usage components. Unlimited voice services may not be used for monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which do not consist of uninterrupted live dialogue between two individuals. If CVW finds that you are using an unlimited voice service offering for other than live dialogue, CVW may, at its option, terminate your service or change your plan to one with no unlimited usage components. CVW will provide notice that it intends to take any of the above actions, and you may terminate the agreement.

Roaming: CVW owned network coverage area (Chariton Valley owned network consist of (Audrain, Chariton, Macon, Marion, Monroe, Linn, Ralls, Randolph, Pike, Shelby) counties Roaming charges for voice, messaging or data service may be charged with some plans when outside CVW owned network. Display on your device may or may not indicate whether you are roaming. Services originated or received while outside your plan’s included coverage area are subject to roaming charges. Use of Services when roaming is dependent upon roaming carrier’s support of applicable network technology and functionality. Check with roaming carriers individually for support and coverage details. If your voice, messaging or data service usage during any three consecutive months occur off network. CVW may, at its discretion, terminate your service, deny your continued use of other carriers’ coverage, or change your plan to one imposing usage charges for off network usage. CVW reserves the right to terminate your service if more than 50% of your overall usage (Voice & Data) in three consecutive billing cycles are used off CVW network. CVW will provide notice that it intends to take any of the above actions, and you may terminate the agreement.

Voicemail: Calls to your voicemail service, including calls where the caller does not leave a message because the call has been completed, calls to listen to, send, reply to, or forward messages, or to perform other activities with your voicemail service, including calls forwarded from other phones to your voicemail service. You are solely responsible for establishing and maintaining security passwords to protect against unauthorized use of your voicemail service. We reserve the right to change the number of voicemails you can store, the length you can store those messages, and other voicemail features. We may deactivate your voicemail service if you do not initialize it within a reasonable period after activation. We will reactivate the service upon your request.

Unlimited Home Phone: This service is available in CVW owned network coverage area. This service is not available in Chariton Valley Telephone or Chariton Valley Telecom landline service area. Unlimited Phone is not available to businesses.

Financial Services:  At any time, Chariton Valley may require you to make a suitable deposit to be held by Chariton Valley. Customers will be charged a $30.00 return item fee for all payments which are returned. A disconnected service will be reconnected when the past due balance and reconnect fees have been paid in full. To resume service, all past due payments for the Lifeline and Deferred Payment Agreement are to be paid, as well as a $20.00 re-connect fee. Failure to comply with your commitments contained herein, or with any term of the agreements under which you are receiving service from us, you understand and agree we may do any combination of the following: (1) terminate your right to receive services from us or our affiliates; and / or (2) bring legal or other action for any amounts due to us hereunder (including reasonable attorney’s fees and other cost of collection), as well as liquidated damages as set forth below. If Chariton Valley obtains the services of a collection agency or an attorney to assist Chariton Valley in remedying your breach of this agreement including but not limited to the non-payment of charges hereunder, this expense will be paid by you. You agree that this provision is not a waiver by the company of any rights or remedies which it has available to if for breach of this agreement. All such rights and remedies are cumulative and shall not be deemed exclusive.

Device Protection: Device Protection: Customers have 30 days from the date of activation or upgrade to enroll and device must be damage free. Device Protection is available at participating CVW agent/retail locations. Standard Device Protection is $6/month, Premium Plus Device Protection is $10/month. Deductible: Standard Device Protection Deductible is $79 per claim, Premium Plus Device Protection Deductible $199 per claim. Limits: 1 claim per 12 months, maximum replacement value of $1000/per claim. Replacements may be refurbished or of a different model. Cancel at any time for a prorated refund of the monthly charge.

AppleCare+ Protection Plan: If you purchased the AppleCare+ Protection Plan (Plan) pursuant to the option to pay by a monthly recurring charge, you hereby appoint Chariton Valley Wireless as your agent and authorize Chariton Valley Wireless to act on your behalf to cancel, receive refund payments and modify your AppleCare + contract with Apple upon (1) your cancellation of the Plan; (2) Non-payment of your applicable monthly recurring charge; or (3) Termination of service pursuant to the terms of this agreement.

Hearing Aid Compatible (HAC): These phones have been tested and rated for use with hearing aids for some of the wireless technologies that it uses. However, there may be some newer wireless technologies used in this phone that have not been tested yet for use with hearing aids. It is important to try the different features of this phone thoroughly and in different locations, using your hearing aid or cochlear implant, to determine if you hear any interfering noise. Consult Chariton Valley Wireless or the manufacturer of this phone for information on hearing aid compatibility. If you have questions about return or exchange policies, consult Chariton Valley Wireless or visit https://www.cvalley.net/services/wireless/hearing-aid-compatible/ for additional details.

 

 WIRELESS DATA SERVICE TERMS AND CONDITIONS (applies to all customers)

 

  1. GENERAL TERMS AND CONDITIONS APPLICABLE TO CVW’S  WIRELESS DATA SERVICES, INCLUDING BUT NOT LIMITED TO, FEATURES THAT MAY BE USED WITH WIRELESS DATA SERVICES AND WIRELESS CONTENT.

 

CVW provides wireless data services, including but not limited to, features that may be used with wireless data services and wireless content and applications (“Services”). The absolute capacity of the wireless data network is limited. Accordingly, service is only provided for prescribed purposes and pricing for Data Services is device dependent and based on the transmit and receive capacity of each device. A pricing plan designated for one type of device may not be used with another device. Some devices or plans may require you to subscribe to both a voice and a data plan. If CVW determines that you are not subscribed to the required plan(s), CVW reserves the right to switch you to the required plan or plans and bill you the appropriate monthly fee. The Services may be subject to credit approval. An activation fee of up to $30 may apply to each new data line. Compatible data-enabled wireless device required.

 

Usage/Billing: Usage and monthly fees will be billed as specified in your rate plan brochure, customer service summary, or rate plan information online. DATA TRANSPORT IS CALCULATED IN FULL-KILOBYTE (“KB”) INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT FULL KB INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES. TRANSPORT IS BILLED EITHER BY THE KB OR MEGABYTE (“MB”). IF BILLED BY MB, THE FULL KBs CALCULATED FOR EACH DATA SESSION DURING THE BILLING PERIOD ARE TOTALED AND ROUNDED UP TO NEXT FULL MB INCREMENT TO DETERMINE BILLING. IF BILLED BY KB, THE FULL KBs CALCULATED FOR EACH DATA SESSION DURING THE BILLING PERIOD ARE TOTALED TO DETERMINE BILLING. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, AND RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE MEASURED KILOBYTES. AIRTIME AND OTHER MEASURED USAGE ARE BILLED IN FULL-MINUTE INCREMENTS AND ROUNDED UP TO THE NEXT FULL-MINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. Data sent and received includes, but is not limited to download; email, overhead and software update checks. Prices included use apply to EDGE/GPRS/1X/EVDO/LTE and data access and use on CVW network and its affiliated partner wireless networks within the United States and its territories (Puerto Rico and the U.S. Virgin Islands), excluding areas within the Gulf of Mexico. Usage on networks not owned by CVW is limited as provided in your data plan. Charges will be based on the location of the site receiving and transmitting service and not the location of the subscriber. Data access requires a compatible, eligible device. Unless otherwise specified, overage is billed either by the KB or MB. Service charges paid in advance for monthly or annual Services are nonrefundable. Some Services may require an additional monthly subscription fee and/or be subject to additional charges and restrictions. See applicable rate plan materials for complete pricing and terms. Prices do not include taxes, directory assistance, roaming, universal services fees or other exactions and are subject to change. In order to assess your usage during an applicable billing period, you may obtain approximate usage information by calling customer service. Customer can sign up for Chariton Valley’s Bill Pay that will show unbilled usage each month. See https://billnet.cvalley.net/eaccount/ for details.

Additional Data Charges: Pay-Per-Use Charges (overage or non-plan pricing): Additional Data Charges: Pay-Per-Use Charges (overage or non-plan pricing): Shared Data 500 MB is $.03/ MB and $15/GB on other Shared Data Plans. Home Wireless Internet Data overage is $5/GB.

 4G LTE High Speed Wireless Residential/Business Internet (Chariton Valley’s Lower 700 Network): 4G LTE High Speed Wireless Internet on Chariton Valley’s Lower 700 Network includes usage allowance of up to 250 Gigabytes per monthly billing period when customer selects the $80/mo. internet plan. Excess usage will result in additional charges of $.20/GB used. For example, if usage exceeded the allowance by 51 Gigabytes, the additional charge would be $11. Usage allowances are subject to change at any time.

Voice: Use of voice calls without a qualified voice plan will result in the default rate for voice calls will apply: 25¢ per minute on the CVW network; 59¢ per minute for domestic roaming off CVW network (rates are subject to change without notice). Additional taxes and surcharges may apply.

 

  1. ADDITIONAL TERMS FOR SPECIFIC WIRELESS DATA SERVICES

 

Text, Instant Messaging and Picture/Video Messaging: By using Text messaging you agree to be bound by all terms and conditions Picture Messaging not available in all areas. You may be charged for picture messages sent or received from your phone, even if not delivered to the intended recipient due to system or compatibility issues. Chariton Valley is not responsible for content of pictures. Messages are limited to 160 characters per message. Premium text and picture/video messages are charged at their stated rates. Standard rates apply to all incoming messages when in the U.S. Different, non-standard per message charges apply to international messages sent from the U.S. Text, Instant, Picture, and Video messages are charged when sent or received, whether read or unread, solicited or unsolicited. CVW does not guarantee delivery of messages. Text, Instant, Picture, and Video messages, including downloaded content, not delivered within 7 days will be deleted. CVW reserves the right to change this delivery period as needed without notification. You are charged for each part of messages that are delivered to you in multiple parts. Picture/Video Messaging, data plan, and Text Messaging may need to be provisioned on an account in order to use Picture/Video Messaging. Some elements of Picture/Video messages may not be accessible, viewable, or heard due to limitations on certain wireless phones, PCs, or -mail. CVW reserves the right to change the Picture/Video message size limit at any time without notification. Picture/Video Messaging pricing is for domestic messages only. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient and each recipient is charged for the message received. Text message notifications may be sent to non-Picture/Video Messaging subscribers if they subscribe to Text Messaging.

Ringtones/Graphics/Games/Alerts: Actual ringtone, graphics, and games may vary based on the handset capabilities. Ringtones, graphics, and games and alerts may be delivered in multiple messages. Ringtone, graphic, and games charges are incurred at the stated one-time download rate or subscription rate, plus a kilobyte charge for the content transport when delivered. You will be charged each time you download ringtones, graphics, and games. Usage charges apply to play multi-user games against other wireless users or the server.

Location and Location Based Services

While roaming off of the CVW network, functionality and accuracy will vary and may yield highly inaccurate results or no results at all. Location Based Services available on select devices and feature packs. Location data may not be available to third-party applications.

CVW knows the general location of your phone or wireless device whenever it is turned on.  This is necessary for routing of incoming calls, delivering wireless content and properly billing your service.  It is also necessary for providing enhanced emergency 9-1-1 service to public safety answering points or emergency medical service providers who have installed the necessary equipment to use location information.  In addition, we may disclose location information to a governmental entity or law enforcement authority when served with lawful process or reasonably believe there is an emergency that involves the risk of death or serious physical harm. CVW follows the CTIA’s Best Practices Guidelines for Location Based Services, which can be found at http://www.ctia.org

 

Shared Mobile Data Plans: Customers may share the data with up to 10 devices. Shared Mobile Data Plans may ONLY be used with CVW certified devices and Laptop Data Cards for the following purposes: (i) Internet browsing; (ii) email; and (iii) intranet access (including access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation). On Shared Mobile Data Plans with a monthly megabyte (MB) or gigabyte (GB) allowance, once you exceed your monthly allowance you will be automatically charged for overage as specified in the applicable rate plan information (generally per Kb for any data used or a fee for additional MB allowances to be used during the month). All data allowances must be used in the billing period in which the allowance is provided. We may, at our discretion, suspend your account if we believe your data usage is excessive, unusual or is better suited to another rate plan. Shared Rolling Data on applicable plans will be applied after the Normal Rate Plan is used first, so previous months unused balance will be applied second.  After Normal Rate Plan amount is exhausted you automatically start using your Rolling Data allowance for your Mobile Shared data plan in the current cycle. If all Mobile Shared data plan allowance and Rolling Data are used, an additional allotment of overage data is automatically charged to your account.

Mobile Email: Requires email account with compatible Internet service provider and a downloaded or preloaded email application for the wireless device. Access and use of Mobile Email is billed by total volume of data sent and received (in kilobytes). Wireless data usage charges will apply for downloading the application and any upgrades.

911 Dialing Customer Notice and Acknowledgement

THIS AGREEMENT IS A MATERIAL PART OF ANY AGREEMENT OR UNDERSTANDING BETWEEN MISSOURI RSA 5 PARTNERSHIP D/B/A CHARITON VALLEY WIRELESS SERVICES (“CHARITON VALLEY”) AND YOU AS THE CUSTOMER (“CUSTOMER”) FOR THE PROVISION OF WIRELESS VOICE SERVICES.  IN UTILIZING SUCH SERVICES, CUSTOMER AGREES THAT IT FULLY UNDERSTANDS AND AGREES WITH THE LIMITATIONS AND DISCLAIMERS EXPLAINED BELOW.

 

Wireless 911 Calling: The 911 service provided utilizing Chariton Valley Home Phone (the “Service”) is different than traditional wireline 911 services.  Carefully read this Notice explaining how 911 dialing using the Service are different from traditional 911 services.  If you have any questions or concerns about the information contained in this Notice, or if you do not understand anything discussed in this Notice, please contact our Customer Care Representatives at 660-395-9000. With traditional wireline Enhanced 911 services (“E911”), when you dial 911, your telephone number and service address (your home or business address) is automatically sent to the local emergency answering center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary.

Wireless 911 calling is different.  In areas with Phase I E911 calling, your location is not automatically sent to the emergency answering center.  You must be prepared to give the emergency operator your location.  In areas with Phase II E911, the geographic coordinates of your location are automatically sent to the emergency answering center, but your service address (i.e., your street address) is not automatically sent.  Specifically, the Service determines your location via a Global Positioning System (“GPS”) receiver built into the Chariton Valley base unit Axesstel TX240G (the “Unit”).  When you call 911, the Unit sends the geographic coordinates of the Unit to the emergency answering center.  You should be prepared, however, to give the emergency operator your street address and exact location (such as suite or apartment number).

 

  1. You Must Attach the GPS Antenna and Place the Unit Near a Window.The accuracy of GPS varies depending on a number of factors.  A GPS receiver needs to “see” orbiting satellites in order to get an accurate location.  In general, GPS does not obtain as accurate a location reading indoors as it does outdoors.  Accordingly, in order for the Unit to provide as accurate coordinates as possible to the emergency answering center, you must attach the external GPS antenna supplied with the Unit and place the Unit and GPS antenna near a window or exterior wall.  Failure to attach the GPS antenna, or to placing the Unit near a window or exterior wall, may result in no location, or an inaccurate location being sent to the emergency answering center during a 911 call.  In this case, emergency services personnel may be sent to an incorrect location and/or may be unable to assist you in a timely manner or at all.

 

  1. Configuration and Activation Required.In order for 911 dialing to work, you must first configure and active the Unit and the Service.  Instructions on how to do this are provided with the materials accompanying the Unit.

 

  1. Service Outages Due to Power Failure or Disruption.The Unit comes with a back-up battery, which will allow the Service to function during power failures of short duration.  During a power failure for an extended period of time, however, 911 dialing services using the Service will not function.

 

  1. Customer Responsibility to Notify All Users.You agree to inform any guests, employees, visitors, and any third persons who may be present at the physical location where the Chariton Valley Service is provided and who may attempt to make 911 calls, of the important differences in and limitations of 911 dialing using the Service as compared with traditional 911 Service.

 

  1. Limitation of Liability and Disclaimers.CHARITON VALLEY DOES NOT HAVE ANY CONTROL OVER WHETHER, OR THE MANNER IN WHICH, CALLS TO EMERGENCY SERVICES ARE ANSWERED OR ADDRESSED BY ANY LOCAL EMERGENCY RESPONSE CENTER.  CHARITON VALLEY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTERS AND THE NATIONAL EMERGENCY CALLING CENTER, AND DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF ALL THIRD PARTIES.

 

IN NO EVENT SHALL CHARITON VALLEY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR DAMAGES ARISING, DIRECTLY OR INDIRECTLY, FROM OR IN CONNECTION WITH ANY USE OF (OR INABILITY TO USE) SERVICES, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO 911 DIALING.

 

  1. Indemnification.YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT YOU SHALL DEFEND, INDEMNIFY, AND HOLD CHARITON VALLEY HARMLESS FROM ANY AND ALL CLAIMS, THREATENED CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, COSTS AND EXPERT WITNESS COSTS) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY, OR BY ANY OTHER PERSON OR ENTITY, RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF 911 DIALING, INCORRECTLY ROUTED E911 DIALING CALLS, AND/OR THE INABILITY OF ANY USER OF THE SERVICE TO BE ABLE TO USE 911 DIALING OR ACCESS EMERGENCY SERVICE PERSONNEL.

 

INDEMNITY.  You are responsible for any and all liabilities, losses, or damages, whether imposed on you or Us, which are directly attributable to you or any of your acts or omissions during the time the Device is in your possession.  This provision shall survive the termination of this Agreement.  To the extent permitted by law, you will reimburse Us for any expenses We incur in connection with the defense of any claim or action you are responsible for under this Agreement.  This includes, but is not limited to, actual and reasonable attorney’s fees not to exceed fifteen percent (15%) of the amount of the loss, liability, or damage.

DEFAULT.  You will be in default of this Agreement if any one of the following events (referred to as an “event of default”) occurs: (a) you fail to make any required payment when due or within ten (10) days of the due date;  (b) you breach any covenant, representation, or warranty in this Agreement;  (c) you default in the performance of any other obligation in this Agreement and such default continues for ten (10) days after We provide you with written notice of the default;  (d) you are not eligible to finance a Device under this Agreement; or (e) you fail to maintain voice and/or data service (voice and data are both required for smartphone Devices) under a Service Agreement for the wireless Device covered by this Agreement, unless the Device is an iPad and you maintain another mobile service from Us that is billed on a monthly basis.

REMEDIES IN THE EVENT OF DEFAULT.  If you are in default of this Agreement and to the extent permitted by applicable law after We provide you notice and an opportunity to cure, We have the right to exercise any one or more of the following remedies:

  • Disable the Device’s wireless network connectivity capabilities;
  • Require you to immediately pay the sum of the remaining unpaid Amount Financed; and
  • All past due accounts which are deemed uncollectible will be turned over to a collection agency with full authority to make payment demands for Chariton Valley. All costs of collection will be added to the customer’s past due account and will be paid by the customer. This would include court costs, reasonable attorney fees, and a reasonable collection agency fee of 35% of the amount of the past due account for accounts that are turned over to a collection agency.

ASSIGNMENT.  Chariton Valley may, without your consent and without notice to you, assign this Agreement.  You may not assign this Agreement or any interest in this Agreement without Chariton Valley’s prior written consent.

GOVERNING LAW.  The law of the state of Missouri shall govern this Agreement except to the extent that such law is preempted by or inconsistent with applicable federal law.

ENGLISH LANGUAGE.  The original version of this Agreement is in the English language.  Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.

DISCLAIMER OF WARRANTIES/RETURN POLICY.  Chariton Valley makes no warranties of any kind, statutory, express or implied on the Device, and there will be no implied warranties of merchantability or of fitness for a particular purpose.  Chariton Valley has a limited return policy.  For information about our return policy and manufacturer’s warranties, please contact Chariton Valley’s customer service department or ask a sales representative for details.

NOTICE TO THE BUYER:

(1) DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES.

(2) YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN.

(3) UNDER THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CIRCUMSTANCES TO OBTAIN A PARTIAL REFUND OF THE TIME CHARGE.

 

TERMS APPLICABLE TO SERVICES (applies to all customers)

 

Third-Party Websites

The Website may contain links to other independent third-party websites. These third-party websites are provided solely as a convenience to the users. Such third-party websites are not under Chariton Valley’s control, and Chariton Valley is not responsible for and does not endorse the content of those sites, including any information of materials contained on those sites. If you decide to access these third-party websites, you do so at your own risk. Chariton Valley shall not be a party to any contract entered into by you, the user, and any third-party as a result of contact with websites linked from this website. Chariton Valley does not in any way guarantee the performance of any third party under any contract. You hereby release Chariton Valley and it employees, officers, directors, dealers, and affiliates from any damages that you incur, and agree not to assert any claims against Chariton Valley, arising from your use of these third-party products or services, or the breach of any third-party contract.

 

Broadband Internet Access Services- Open Internet Disclosures

CVW has adopted the following network management practices, performance characteristics, and commercial terms and conditions for its broadband Internet access services in its good faith effort to comply with the Federal Communications Commission’s (“FCC’s) Open Internet Framework requirements (GN Docket No. 09-191 and WC Docket No. 07-52) (“Open Internet Rules”). It is CVW’s intent to fully comply with the Open Internet Rules and it believes the information contained below accomplishes that intent. These practices, characteristics, terms and conditions are intended to help preserve the Internet as an open framework that enables consumer choice, freedom of expression, end-user control, competition, and freedom to innovate without permission, while permitting CVW to manage its network reasonably. These practices, characteristics, terms and conditions are effective as of November 20, 2011. CVW may add, delete, or modify certain practices, characteristics, terms and conditions from time to time at its discretion. Any modifications or changes will be posted on this website. As such, we encourage customers to visit this website periodically to review our practices.

 

Network Management Practices

CVW is committed to providing the best broadband Internet experience possible to all of its customers. CVW and its staff use their best efforts to monitor, address and minimize (but do not guarantee that they can prevent) the effects of spam, viruses, security attacks, network congestion, and other phenomena that can degrade the service of affected customers.

 

Congestion Management Practices

Congestion is an Internet access service problem that can slow web browsing, downloading, and other activities of the customers during certain peak usage periods. During periods of congestion they may experience conditions such as longer times to download or upload files, slower Web surfing, and/or slower movements during online game playing. This congestion may be caused by capacity limits and bottlenecks in a service provider’s own network or by limitations in the capacity of backhaul facilities and services that many service providers must purchase from unrelated entities. CVW manages its network using a protocol-agnostic method. This means congestion is not managed based on online activities, protocols, or applications. In the event of congestion, all traffic is classified as “best effort.” If significant congestion problems arise in the future, CVW most desired approach is to determine the source of the problem, and to increase the capacity of the affected portions of its network and/or of its connections with the Internet where warranted. However, network and other facilities upgrades often cannot be accomplished instantaneously because of the need to interconnect with multiple, unrelated entities.

 

Application-Specific Behavior Practices

CVW does not have its own third-party application certification criteria or procedures, nor does it restrict the use of applications on its network unless they are unlawful or unless there is a reasonable belief that such applications will cause harm to its network. CVW will expeditiously inform an application developer of any decision to deny access to CVW’s network of a particular application of such developer.

 

Device Attachment Rules

CVW does not have its own third-party device certification criteria or procedures, nor does it restrict the use of devices on its network unless they are unlawful, there is a reasonable belief that such devices will cause harm to its network, or the device in incompatible with CVW’s network. CVW will expeditiously inform a device provider of any decision to deny access to CVW’s network for a particular device of such provider. Customers may use any lawful, compatible, type-accepted (if necessary) and commercially available device which they desire on CVW’s network, as long as such device does not harm the network.

 

Security Practices

CVW does not normally monitor the traffic of its customers. It undertakes no obligation to monitor or protect such customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities. Our network employs metrics which determine whether there is a Denial of Service or similar attack hitting the network. During the time of such attacks inbound and outbound traffic filtering techniques will be employed to avoid network congestion and other network degradation. If any network traffic appears to be a malicious attempt to disrupt the network, such as by e-mail spamming or otherwise, corrective action will be taken and network information may be transmitted to the appropriate law enforcement agency for investigation and possible criminal prosecution under various computer hacking laws. A customer that is subjected to a denial-of-service attack, or similar malicious, unlawful or unwanted activity, is urged to notify CVW as soon as possible. CVW will work with the customer, other service providers, federal and state regulators, and/or law enforcement to determine the source of such activity, and to take appropriate, and technically and economically reasonable efforts to address the matter.

Traffic Blocking

Subject to reasonable network management practices, CVW does not block consumers from accessing lawful websites or any applications that compete with its voice or video telephony services or those of its affiliates.

Performance Characteristics

General Service Description — CVW uses two different network technologies:

3G – CDMA EVDO REV A: The expected access speeds in the CDMA Rev A network range from (.4) Mbps to (.7) Mbps, however, during peak times, typically late afternoons and evenings, the average speed may be reduced. The connection speed is comparable to basic DSL (up to 700 kbps), which is about 15 times the speed of a dial-up connection. While on the CVW 3G network speeds may be up to 700kbps. During peak times, typically late afternoons and evenings, the average speed may be reduced.

 

4G – LTE (Long Term Evolution): The expected access speeds in the LTE network range from (5) Mbps to (8) Mbps, however, during peak times, typically late afternoons and evenings, the average speed may be reduced. These speeds can only be realized when using a CVW-approved LTE device with an active CVW LTE SIM card while within the CVW LTE network

 

Warranty

Please click on a manufacturer below for the information about the warranty and software agreement.

 

Apple: Warranty / Software Agreement

Apple warrants the Apple-branded hardware product and accessories contained in the original packaging (“Apple Product”) against defects in materials and workmanship when used normally in accordance with Apple’s published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser (“Warranty Period”). Apple’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

HTC: Warranty

LG: Warranty

Motorola: Warranty / Software Agreement

Samsung: Warranty

Sonim: Support

Apple Trademark

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

 

Changes to the Terms of Service: Chariton Valley reserves the right change Terms of Service at any time. CVW will post the most current version at https://www.cvalley.net/services/wireless/wireless-support/wireless-terms-of-service/

 

Revised 7/5/2017