Terms of Service
Note:
If you have already registered an Arrival Telecom, Inc., Redline Phone, Inc.,
or related businesses (herein collectively called "ArrivalTel") account but choose to not
agree to all or any of the following terms and conditions after reading
this agreement in full, please call ArrivalTel accounting to cancel your
account.
Service Agreement
You (the ArrivalTel customer and/or user, hereafter collectively referred
to as "you") agree to purchase and/or use ArrivalTel services in accordance
with the terms and conditions of this Service Agreement ("Agreement").
- ArrivalTel will exercise no control whatsoever over the content of any information
passing through it. - Stated bandwidth(s) apply only to the customer-to-ArrivalTel router port attachment.
No guarantee of end-to-end bandwidth on the Internet is made. -
- You will use ArrivalTel services only for lawful purposes. Any transmission
or re-transmission of material in violation of any Federal or State
laws and/or regulations is expressly prohibited. This extends to
include, but is not limited to: any copyrighted materials, materials
or communications prohibited by trade secret. - As a customer of ArrivalTel and a user of our services, you
(as an individual, and/or officer or agent of a company, and/or
company) agree to indemnify and to hold harmless ArrivalTel from
ANY and ALL claims resulting from the use of the service which causes
damage to you or any other party. ArrivalTel shall not be liable,
either in contract or in tort, or for protection from unauthorized
access of its customer's transmission facilities or customer-owned
equipment on premises, or for unauthorized access to, alteration,
theft or destruction of a customer's data files, programs, or information
through accident, fraudulent means or devices, or any other method,
even should such access occur as a result of ArrivalTel's negligence.
ArrivalTel shall not be in any way responsible for claims or damages
caused by a customer, through fault, negligence or failure to perform
customer's responsibilities, claims against a customer by any other
party; any act or omission of any party furnishing services and/or
products; or for the installation and/or removal of any and all
equipment supplied by any service provider or ArrivalTel.
- You will use ArrivalTel services only for lawful purposes. Any transmission
- ArrivalTel will not be responsible for any damages you or your business suffers.
ArrivalTel makes NO WARRANTEES OF ANY KIND, EXPRESSED OR IMPLIED,
for services we provide. ArrivalTel also DISCLAIMS ANY WARRANTY
OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes
loss of data resulting from delays, non deliveries, wrong deliveries,
and any and all service interruptions caused by ArrivalTel and
its employees by its own negligence or your errors or omissions. - Any and all information you obtain through ArrivalTel data network services
(public and or private) is at your own risk. - Any and all access to other networks via ArrivalTel must be in compliance
with all policies and rules of those networks. This applies to any
other network that ArrivalTel attaches to. - Rates: Rates are set forth on the ArrivalTel Internet Service Order Form. ArrivalTel
will provide 30 days written notice prior to a change in our
base prices. In the event that you do not wish to continue your
account paying the changed base price, you, the customer, have 10
days from the date of notification of the effective increase to
provide ArrivalTel with a written request to terminate services
and incur no termination liability. Otherwise, the existing service
will be billed at the new base prices. However, you will continue
to be responsible for all charges up to 30 days from the date the
ArrivalTel notice was received. - Payment (for Dedicated Accounts only): Installation fees and first and last month's
port charges are required to be paid at the time your services are
ordered. These fees and charges are non-refundable. Invoices for
subsequent months are billed 30 days in advance. Invoices are due
in full no later than 35 days after the bill date. After that your
service is subject to interruption. If your service is interrupted
for non-payment there will be a restoration fee (equal to the installation
fee of the service type) to be paid in full and ArrivalTel may
take up to 30 days to restore service after payment. This policy
will be strictly enforced. If you are not able to meet our payment
terms please do not apply for services. You, the customer, will
pay all sales and use taxes, as well as duties or levies on products
and services. - In the event of default, ArrivalTel may retake possession of any and all hardware
and/or software it has supplied you, employees and/or agents (before,
during and after any sanctions to recover sums of money). In such
a case, you will provide ArrivalTel full and free access to the
hardware and/or software for this purpose. ArrivalTel will retain
all payments made hereunder, and recover charges you owe as well
as any damages ArrivalTel may have sustained due to your default.
Title and property rights, including all intellectual property rights
to services, are and shall remain with ArrivalTel whether or not
they are embedded in any programming, software and/or hardware. - You recognize and acknowledge that any and all ArrivalTel services and/or products,
programming and software used hereunder constitute valuable trade
secrets of ArrivalTel. You will use your best efforts to protect
and keep confidential any and all programming and software used
by you, your employees, and/or agents and shall never make any attempt
to copy, examine in any way, alter or re-engineer, tamper with,
or otherwise misuse such services, programs, hardware, etc. -
- Cancellation (for Dedicated Accounts only): ArrivalTel may cancel and/or terminate
service with 30 day written notice to you, the customer, for any
reason. - Only a written request to terminate service, made in accordance
with paragraph 11.c. or 11.d. as applicable to you, relieves you
and/or your company from the obligation to pay your charges. An
act of default will accelerate payment to be due at once, and any
type of credit agreement will be immediately and automatically terminated. - Long-term service orders are considered to be anything extending
over 3 months in length. To terminate long-term service, a company
or an individual must provide ArrivalTel with 45 days written
notice. In case of early termination of any long-term order, the
company or individual will pay a lump sum equal to six (6) months
charges. There is NEVER a termination charge when a customer upgrades
to a higher level of service. - To terminate month-to-month service, a company or an individual
must provide ArrivalTel with 30 days written notice. There is
NEVER a termination charge when a customer upgrades to a higher
level of service.
- Cancellation (for Dedicated Accounts only): ArrivalTel may cancel and/or terminate
- You shall provide all necessary preparations required to comply with ArrivalTel
's installation, maintenance and operational specifications.
Customers will be responsible for all costs of relocation of service
once installed by ArrivalTel and/or its vendors, and will provide
ArrivalTel, and its suppliers of communication service and equipment,
reasonable access to your premises to perform any acts required
by this agreement. - Physical Equipment and/or Software products that are NOT provided by ArrivalTel are
the responsibility of the customer, company or individual or both
as the limits of the law allows for. ArrivalTel will not be responsible
for the installation of and/or service on equipment and/or software
not provided by ArrivalTel. All customers are responsible for
the use and compatibility of hardware and software not provided
by ArrivalTel. In the event that the customer uses hardware and/or
software that does impair the customer's use of ArrivalTel services,
the customer shall nonetheless be liable for regular payment to
ArrivalTel. Upon notice from ArrivalTel that the hardware and/or
software not provided by ArrivalTel is causing, or in the sole
opinion of ArrivalTel, is likely to cause hazard, interference's
or service obstruction, the customer shall eliminate the hazard,
interference or service obstruction at once. Customers will, if
necessary, pay ArrivalTel to troubleshoot problems caused by such
equipment and/or software not provided by ArrivalTel. ArrivalTel
will not be responsible if any changes in hardware, software
or services cause equipment not provided by ArrivalTel to become
obsolete, require modification or alteration, or in any other way
affect the total performance of ArrivalTel on an end-to-end basis
and protect the ArrivalTel backbone network and those networks
attached to the ArrivalTel network. In the case of customer-owned
hardware and/or software connected to the ArrivalTel network,
the customer is totally responsible for any and all service to that
equipment. ArrivalTel, at its option, may supply technical services
in the form of consulting and/or service to ArrivalTel customers
at their request. Such services will be billed out at rates set
on the ArrivalTel pricing sheet and/or at rates in effect at the
time such services are requested. ArrivalTel has the right to
refuse any such technical services at its sole option. On leased
telephone lines, no matter who the leasing party is, ArrivalTel
must have free and open access to such lines. - ArrivalTel always reserves the right to change its rates and otherwise modify
these Terms and Conditions by notifying you 30 days in advance of
the effective date of such changes. These Terms and Conditions hereby
supersede all previous representations, understanding, or agreements
and shall prevail notwithstanding any variance with terms and conditions
of ANY and ALL orders submitted. - As a ArrivalTel customer you may not sell, assign or transfer your service order
without the prior written consent of ArrivalTel. ArrivalTel
may at any time sell, assign or transfer this agreement with no
notice. - ArrivalTel will not be responsible for performance of its obligations thereunder
where delayed or hindered by war, riots, embargoes, strikes or acts
of its vendors and will attempt to notify customers in the event
of any of the foregoing occurrences. Should such occurrences continue
for more than 90 days, ArrivalTel or its customers may cancel
service for the affected services and/or products with no further
liability. - The provision of ArrivalTel services and/or products are subject to ArrivalTel
's continuing approval of customer credit-worthiness. All ArrivalTel
customers shall furnish financial information upon request as
ArrivalTel may from time to time choose to re-determine a customer's
credit-worthiness. - Any legal action arising out of failure, malfunction or defects in ArrivalTel
's services or goods shall be brought within a period of one
year of the occurrence or is deemed waived. - If you are declared in default, ArrivalTel will have all rights and remedies
provided by law. ArrivalTel may terminate your account and take
any physical equipment and/or software products provided by ArrivalTel
subject to applicable state law, including the right to enter
the premises where the physical equipment and/or software is kept
in order to repossess it. You agree to pay ArrivalTel's costs
on demand as well as any reasonable attorney's fees and legal expenses
incurred as a result of ArrivalTel's exercise of any default remedies
under this agreement. - Severability. If any provision of this Agreement is not valid according to the
law, all other provisions will remain in force. If any provision
is stricken, both parties agree to negotiate a mutually acceptable
substitute provision. - Waiver. ArrivalTel's failure to insist upon your complying with any term or provision
of this lease or it's waiver of any default shall not be construed
as waiving any such term or provision and shall not preclude ArrivalTel
from taking action regarding any subsequent default. - Governing laws. This agreement shall be governed by the internal laws of the
State of Utah. - THESE TERMS AND CONDITIONS CANNOT BE MODIFIED EXCEPT BY WRITTEN AMENDMENT BY
THE PARTIES. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF ARRIVALTEL
HAS THE AUTHORITY TO BIND THE PARTIES TO ANY RESPRESENTATION OR
WARRANTY UNLESS SUCH IS SPECIFICALLY INCLUDED IN THESE TERMS AND
CONDITIONS, THE ARRIVALTEL INTERNET SERVICE ORDER FORM OR WITH
A WRITTEN AMENDMENT THERETO. NOTICE TO PARTIES OF DISPUTES ARISING
UNDER THIS AGREEMENT SHALL BE SENT BY REGISTERED MAIL TO THE PARTIES
AT THE ADDRESS SHOWN ON THE MOST RECENT SERVICE ORDER. THIS AGREEMENT
IS GOVERNED BY THE LAWS OF THE STATE OF UTAH. - ALL USERS DESIRING CONNECTIVITY ON THE INTERNET ARE SUBJECT TO THE ACCEPTABLE
USE POLICY. - ArrivalTel is a member of the Utah division of the Better Business Bureau and
is committed to arbitration and mediation. - Use of ArrivalTel services by you as a company and/or an individual constitutes
acceptance of these Terms and Conditions in full.
