Shentel Internet Terms of Service

The following terms constitute an agreement between you and Shentel Service Company, operator of the Shentel Internet, Shentel.net and provider of the Shentel Services (“we or us”). This agreement (“Terms of Service”) governs your use of the Shentel Network, which you access by signing in with a user name or other credential (“User ID”) issued by us and your use of the Shentel Services

BY REGISTERING A USER ID WITH AND USING THE SHENTEL NETWORK, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE.

Please review these terms carefully. You agree to transact with us electronically, you consent to the information practices disclosed in the Privacy Policy, you consent to resolve in Virginia any dispute that you may have with us or the Shentel Network. Please note that we offer the Shentel Network and Shentel Services without warranties.

Change to these Terms of Service

These Terms of Service govern your relationship with us. We may change these Terms of Service at any time. We will provide at least thirty (30) days’ notice before any material changes take effect. If you disagree with the changes to these Terms of Service, simply discontinue your use of the applicable Shentel Services or the Shentel Network before the modifications take effect. Your ongoing use of any Shentel Service or the Shentel Network after the changes take effect signifies your agreement to the new terms.

Registration

We will open a registered user account for you when you complete your registration. You will select (or we may assign to you) a User ID that will be identified with your account. You will also be able to select a password to access your User ID. Your User ID and password are your credentials to give you access to the Shentel Network. You must provide complete and accurate information about yourself. You must be legally competent to enter into contracts. You agree to keep this information up to date. You may not have a User ID that is vulgar, attempts to impersonate another person or violates the rights of others. We also may reject any User ID that we determine in our discretion is unacceptable for use on the Shentel Network.

Your Responsibilities

You are responsible for all activities under your account, including the use of your account and User ID by others. You are responsible for keeping your password confidential. You may use the Services for lawful purposes only. You may not submit or transmit through the Shentel Network or via any Shentel Service any material, or otherwise engage in any conduct that:

  1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. impersonates any person, business or entity, including and its employees and agents;
  5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  7. violates these Terms of Service, the Acceptable Use Policy guidelines or any policy posted on the Shentel Network, or
  8. interferes with the use of the Shentel Network or any Shentel Service by others.

You may not use the Shentel Network or any Shentel Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Shentel Network or Shentel Service. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

If we believe that you have used the Shentel Network or any Shentel Service in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, We will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others . We reserve all of our rights at law and equity to proceed against anyone who uses the Shentel Network or any Shentel Services illegally or improperly.

The Services

We may change or discontinue any Service or feature on a Service at any time and without notice. We may impose general operating rules for the Services. For example, we may establish limits on storing, uploading or downloading any data or log you out of your account if there is no activity on a particular Service for an extended period of time. Certain Services and Web sites on the Shentel Network may have additional terms (such as policies, guidelines, and subscription terms) that will further govern your use of the particular Service and supplement these Terms of Service. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.

Residential Services; No Resale

Shentel residential services are consumer grade services and are not designed for or intended to be used for any commercial purpose. You shall not resell or transfer the Shentel Service or access to the Shentel Network to another party without our prior written consent. You are prohibited from using the Shentel Network or any Shentel Service or for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting or bulk e-mailing.

Restrictions Applicable to Residential DSL Customers

If you purchased service under a residential plan, we reserve the right to immediately disconnect or modify your access to the Shentel Network or any Shentel Service if we determine, in our sole and absolute discretion, that your use of the Shentel Network or any Shentel Service is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial service for all periods in which your use of the Service was inconsistent with normal residential use.

Restrictions Applicable to Dial-up Customers

Dial-Up Users are subject to restrictions on simultaneous use. Simultaneous Use is simply the use of one username to establish more than one telephone connection to the Shentel Internet modems at the same time. The "username" is also known as the "main log-in name" or "main account name".

As stated in our Simultaneous Use Policy, users should only make one dial-in connection to the Internet at a time. There is an additional hourly charge for an account that has Simultaneous Use.

Fees and Payment

Payment. Payment is due within 20 days of the invoice date. Accounts unpaid 20 days after the invoice date may be subject to a late fee (as indicated on your invoice) and may have service terminated or disconnected. Such termination does not relieve you of your obligation to pay the amount owed. Returned checks are subject to a $30 charge. If you default on payment, you agree to pay the amount owed and reasonable expenses, including attorney fees, court costs, service fees and collection agency fees, incurred in enforcing its rights under the Shentel Internet Agreement. Monthly fees will be charged one month in advance. Monthly service charges will be pro-rated if you cancel service. You may cancel service at any time by notifying Shentel during our business hours at 1-800-SHENTEL, option 4.

Payments may be mailed to PO Box 488 Edinburg, VA 22824 or brought into our business office at 106 S. Main St. in Edinburg, VA. Shentel also offers automatic payment services. Customers may pay their bill by using a debit or credit card. An online bill payment option is also available. Shentel reserves the right to change monthly fees. You will be notified at least 30 days prior to any proposed change in rates.

Deposits . If you are unable to establish a satisfactory credit rating with Shentel or if your credit rating becomes impaired, you may be required to make a suitable cash deposit to be held as security for the payment of bills. These deposits shall be reviewed after one year. If a satisfactory credit rating has been established, the deposit, including interest, will be credited to the subsequent bill, or if requested by you, refunded by check. Accrued interest will be credited once a year to your account if you have not achieved a satisfactory credit rating.

Resolution of Dispute . Any dispute regarding charges to your account must be lodged within sixty (60) days of the date of the statement, or you will have deemed to have accepted the charges.

Billing . If you are also a Shenandoah Telephone Company Customer, Shentel Internet charges will automatically be added to your monthly telephone bill, unless otherwise requested. Otherwise you will receive a monthly bill by mail, unless prior arrangements have been made to bill a credit or debit card. If you are also a Shenandoah Telephone Company customer, your local telephone service may not be disconnected for nonpayment of long distance charges or other services (such as Shentel.net) not regulated by the Virginia State Corporation Commission. If you pay only part of your bill, the amount you pay will be first applied to regulated services, and then credited to non-regulated service charges such as Shentel Internet.

If your Service is disconnected, you will remain fully liable to us for all charges pursuant to this Agreement and any and all costs we incur to collect such amounts, including, without limitation, collection costs and attorney's fees.

Taxes and Surcharges . State and local governments may assess taxes, surcharges and/or fees on your use of the Shentel Network and Shentel Services. These charges may be a flat fee or a percentage of your charges and may change from time to time without notice. These charges are based on the rates applicable to the address you provided to us. You are responsible for all applicable federal, state, provincial, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Shentel Network and Shentel Services. Such amounts are in addition to payment for the Shentel Network and Shentel Services and will be billed to your credit card.

Content

You may only post text, messages, information, software, images, audio and video (“Content”) to public areas on the Services that you created or that you have permission to post. You may not post Content that violates these Terms of Service. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of the Services, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.

You acknowledge that the Shentel Service provides access to the Internet with regard to content and that some content on the Internet may be offensive or inappropriate for certain people, including information which may be sexually explicit, obscene, violent or offensive to you or others using your account, or which otherwise may be unsuitable for children. We are not liable for Content that is provided by others. We have no duty to pre-screen Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. We are not responsible for content made available on the Internet or any dealings that you have with advertisers found on the Shentel Network are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

It is your responsibility to impose any restrictions on viewing of any Video Programming available over the Shentel Network or through any Shentel Service by you, other members of your household, or guests, and we shall have no liability to anyone due to or based on the content of any of the Shentel Services furnished to you.

Content You May Use

We, our suppliers, and our other users who lawfully post Content on the Shentel Network own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. You may only use such Content for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.

We Make No Warranties

Except as required under applicable law, we provide the Shentel Network and the Shentel Services “as is”, “with all faults” and “as available.” We and our suppliers make no express warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A SHENTEL REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Shentel Network and Shentel Services at your own risk.

Limitation of Liability

YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. IN NO EVENT SHALL OUR, OUR PARENT’S AND OUR AND OUR SUPPLIERS’ CUMULATIVE LIABILILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR INABILITY TO USE THE Shentel SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Termination

We may cancel and/or suspend your registered user account or User ID immediately, without notice, if there has been a violation of these Terms of Services and such other policies and terms posted on the Services, if your account has been deactivated for inactivity, or if you have failed to pay your subscription fees if you have subscribed for a particular fee-based service. Your right to use the Shentel Services will end once your Shentel Services are cancelled or terminated. If you have subscribed to any fee-based service, you remain responsible for paying any amounts owed on your account at the time your fee-based service and/or account is terminated or cancelled. If you are participating in any free promotional offer for accessing a fee-based service, you must cancel such service before the end of the free trial period to avoid incurring charges. Certain fee-based services may require cancellation charges, and you will pay all cancellation charges specified to you at the time you register for the service.

Indemnification

You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Shentel Network or any of the Shentel Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Network Services

The following provisions are applicable to the provision of Internet access:

The Shentel Network consists of a number of Internet access points to which you gain access by registering your User ID as a Shentel Network user. We are not responsible for the content or dealings that you may have with any third party if you use your User ID to access their Web sites and services. Your remedies are solely with the third party.

The Privacy Policy explains the information practices that apply to your Network information, as well as the choices you can make about the ways this information is used by the Shentel Network and its affiliated providers. Additionally, you agree that we may use your User ID to authenticate you on any service participating in the Shentel Network.

In addition to the termination rights that we have under these Terms of Service, we also reserve the right to deactivate your User ID if your User ID account has been inactive for more than 90 days. The only exception to this rule is if your User ID is assigned to a fee-based service for which you are a subscriber in good standing. This means you must use your account regularly, such as, by logging into a Service with your User ID in order to keep your registration active. If we deactivate a User ID, we have the right to reassign that User ID to another user.

We or our suppliers may provide you with software to use with the Services (“Software”). Such Software will be subject to the terms of the license agreement that accompanies the Software. If there is no license agreement presented to you with the Software, then we and our suppliers grant you a personal, non-exclusive, non-transferable, limited license to install the Software on any single computer or device from which you wish to access and use the Services. Such Software is protected by copyright and other intellectual property laws and treaties and owned by us or our suppliers. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You may access the Services only through the software, interfaces and protocols provided or authorized by us. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Services. Finally, you may not authorize or assist any third party to do any of the things prohibited in this paragraph.

We may automatically check your version of the Software. We may automatically update the Software on your computer to improve the performance and capabilities of the Software. If you shut down the Software during an automatic update or otherwise interfere with the installation of the update, the Software may be damaged and/or cease to operate.

Your license will end on the date your applicable Service ends. Your license will also end if we modify the Service in a way that no longer supports the Software. We may disable the Software after the date the Service ends.

The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth herein.

You are using the Software AT YOUR OWN RISK and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Software, although we reserve the right to do so.

Electronic Contracting and Notices

Your affirmative act of registering for a User ID and registering for any Service constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, (2) to any e-mail account you open with a Service, or (3) by posting the Notice on the applicable Service or otherwise through the Shentel Network. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service.

In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and an operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes

You agree that the law of the Commonwealth of Virginia governs this contract and any claim or dispute arising thereunder that you may have against us, without regard to Virginia’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Virginia, except as set forth in the Arbitration terms in these Terms of Service.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS, EXCEPT AS SET FORTH IN THE ARBITRATION TERMS CONTAINED IN THESE TERMS OF SERVICE.

Arbitration

(a)    EXCEPT FOR (i) CLAIMS FOR INJUNCTIVE RELIEF, AS DESCRIBED BELOW; (ii) CLAIMS BROUGHT BY SHENTEL RELATED TO UNPAID CHARGES FOR THE SERVICES OR SHENTEL EQUIPMENT; OR (iii) CLAIMS BROUGHT BY SHENTEL FOR UNAUTHORIZED USE OF THE SERVICES OR SHENTEL EQUIPMENT, ALL THREE OF WHICH MAY BE BROUGHT IN ANY FORUM, ANY PAST, PRESENT, OR FUTURE CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, INCLUDING, IF APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. THE ARBITRATOR OF ANY DISPUTE OR CLAIM BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT HAVE THE POWER TO AWARD INJUNCTIVE RELIEF; INJUNCTIVE RELIEF MAY BE SOUGHT SOLELY IN AN APPROPRIATE COURT OF LAW. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW. THE ARBITRABILITY OF DISPUTES SHALL BE DETERMINED BY THE ARBITRATOR. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. IF ANY PORTION OF THIS SECTION IS HELD TO BE UNENFORCEABLE, THE REMAINDER SHALL CONTINUE TO BE ENFORCEABLE. 

(b)     If any clause within this Arbitration section (other than the class action waiver clause) is found to be illegal or unenforceable, that clause will be severed from the Arbitration Provision, and the remainder of this Arbitration section will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration section will be unenforceable. In the event that this entire Arbitration section is determined to be illegal or unenforceable for any reason, or if a claim is brought that is found by a court to be excluded from the scope of this Arbitration section, you and Shentel have each agreed to waive, to the fullest extent allowed by law, any trial by jury.

 

Assignment

We may assign this contract at any time without notice to you. You may not assign this contract to any one else.

Procedures for Making Claims of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Shentel Network in a way that constitutes copyright infringement, please click here for instructions on how to contact us to report possible copyright infringement.

Trademarks

All trademarks appearing on the Services are the property of their respective owners, including, without limitation, Shenandoah Telecommunications Company