RUBY RANCH INTERNET COOPERATIVE ASSOCIATION (www.rric.net) Terms of Service
The terms of service between you ("Subscriber") and the Ruby Ranch Internet Cooperative Association ("Coop"), a non-profit Colorado corporation formed to provide "always on," high-speed Internet connectivity to Ranch residents, are as follows:
1. TERM. The Coop operates on three-month, or quarterly terms. The term for services will automatically renew for successive three-month terms unless the Subscriber notifies the Coop that he/she does not wish to renew this agreement.
2. TERMINATION. Subscriber may terminate service so long as notice is provided at least 30 days before the beginning of a new quarter. The Coop may terminate Subscriber's service for failure to pay amounts due timely or when, in the Coop's sole judgment, the Subscriber is using the Coop's service in a manner that jeopardizes the Coop or the services provided to other subscribers.
3. PRICES. Service prices are subject to change, and the Coop will provide a minimum of 45 days advance notice of any price increases. Subscriber will thereafter have 15 days to notify the Coop that he/she wishes to terminate service. Otherwise, Subscriber is responsible for paying services for the upcoming quarter at the new prices.
4. PAYMENT. Payment will be due 30 days before the commencement of the next quarter, whether or not an invoice is received (the due dates are approximately January 1, April 1, July 1, and October 1. The Coop will attempt to send invoices via email.
5. SPEED. The Coop's goal is to provide the fastest data transmission rates that are possible within its budget. The Subscriber nonetheless understands that the Coop may change available data transmission rates at any time and without notice, whether to protect the network or stay within budget.
6. SUBSCRIBER RIGHTS, OBLIGATIONS AND UNDERSTANDINGS.
§ Subscriber understands that the Coop provides an Internet connectivity service only and that Subscriber is responsible for obtaining his/her own suitable DSL modem and any necessary software to interact with the Internet, making any modifications to wiring within his/her residence, and obtaining email services from an email provider (although email can be sent and received over the Coop's services).
§ Subscriber understands that the Coop does not own and control many of the network components used in its services and that its ability to repair outages in these components is limited.
§ Subscriber further understands the Coop is "staffed" by volunteers who have jobs, personal lives, and occasional out-of-town travel, and that the Coop cannot promise any particular timetable for the restoration of service.
§ Subscriber agrees that he/she (and members of the household) will not resell services to others, will not host web sites or other server services (e.g., Napster) on any computer connected to the Coop's services, will not use Coop services for purposes of unsolicited emails ("spamming"), will not abuse or fraudulently use the Coop's services, and will not violate the law.
§ Subscriber's sole remedy for non-performance of services shall be termination of service. Subscriber waives all other rights and remedies at law or in equity. § The Subscriber understands that the Coop shall not be liable, in contract or in tort, for protection from unauthorized access to Subscriber's computers, or for unauthorized access to or alteration, theft or destruction of Subscriber's data files or programs through viruses, accident, fraudulent means or devices, even should such access occur as a result of the Coop's negligence. Subscriber is urged to employ anti-virus software and firewall software or hardware.
§ The Subscriber understands that the Coop may interrupt Subscriber's service immediately after an attempt to notify Subscriber by telephone or by knocking at Subscriber's door when, at the sole discretion of the Coop, the Coop deems such action necessary to protect the Coop and/or service to other subscribers.