CHARITON VALLEY BROADBAND, LLC
Agreement for Service: Terms and Conditions
Chariton Valley Broadband, LLC (“Chariton Valley”) agrees to provide Internet and voice services (“Services”) to you pursuant to the following terms and conditions in this
agreement (“Agreement”). This Agreement, along with all Chariton Valley policies, including the Acceptable Use Policy, set forth the customer’s obligations, Chariton
Valley’s obligations, and the rules the customer must follow when using Chariton Valley Internet and voice services.
Chariton Valley exercises no control whatsoever over the content of the information passing through our network, nor makes any warranties of any kind, whether express or
implied, for the service we are providing, or merchantability or fitness for a particular purpose. Chariton Valley is not responsible for any damage you may suffer, including loss
of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by our own negligence or your errors or omissions. Use of any information obtained
via Chariton Valley’s network is at your own risk. Chariton Valley specifically denies any responsibility for the accuracy or quality of information through our services.
The Chariton Valley network may only be used for lawful purposes. As such, Chariton Valley reserves the right to monitor customer use of the networks consistent with Chariton
Valley’s policies and applicable law. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes copyrighted material, material judged
threatening or obscene, or material protected by trade secret.
You agree to indemnify and hold harmless Chariton Valley from any claims resulting from your use of the Services or the use of the Services by any of your customers or others
throughout your chain of distribution, including end users, which damage another party.
Chariton Valley will delete email accounts that have been inactive for at least 45 days (about 1 and a half months).
The service point at which Chariton Valley provisioned network facilities meet your provisioned network facilities shall constitute the Chariton Valley service demarcation
point. By authorization of this agreement, you agree to utilize all Chariton Valley network equipment. Should you choose not to use Chariton Valley equipment, you agree to be
charged at least $200 if your support ticket requires a truck-roll service call due to a non-Chariton Valley equipment issue. All network and equipment beyond the Chariton Valley
service demarcation point, including your customer networks and facilities, is your sole responsibility. To clarify: If it is deemed a Chariton Valley issue within the Chariton Valley
demarcation point that could NOT have been detected with Chariton Valley equipment, then NO $200 charge. If it is deemed a Chariton Valley issue inside the house that could
have been detected with Chariton Valley equipment, it is a $200 charge. In either case, our weekend/holiday expedited fee applies.
You may not assign or otherwise transfer this Agreement, or any equipment provided by Chariton Valley for the service, or your rights or obligations under the Agreement, in whole
or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this Agreement with or without notice, and you agree to make all
subsequent payments as directed.
This Agreement shall be governed by, and construed in accordance with, the laws of the state of Missouri applicable to contracts to be performed entirely within the state except as
otherwise expressly provided in this Agreement.
This Agreement supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order
submitted. Your acceptance of the Services and continuation to use the Services indicate your agreement to comply with this Agreement, the specific terms of your service plan
(including the plan’s duration and any applicable early termination fee), and related policies regarding your use of the Services. You agree with and are deemed to have
accepted this Agreement upon the earlier of: (a) submission of your order for services; (b) accepting the terms and conditions of this Agreement electronically or while installing the
software for the Services; (c) your use of the Services; or (d) retention of the software provided by Chariton Valley beyond thirty (30) days following delivery.
Equipment used to deliver services remains the property of Chariton Valley. While service is active, if the equipment is lost, stolen, destroyed, or tampered with or otherwise cannot
be recovered, Chariton Valley has the right to charge full retail price for all equipment.
Chariton Valley reserves the right to adjust prices of the packages and/or services with a 30-day notice. The customer may be billed in advance for service and installation fees, if
applicable, from the time service is activated. At any time, Chariton Valley may require you to make a suitable deposit to be held by Chariton Valley. A customer’s deposit may be
applied to the customer’s account upon 12 consecutive months of timely and full payments. Customers will be charged a $30.00 return item fee for all returned payments. A
disconnected service will be reconnected when the past due balance and reconnect fees have been paid in full.
For failure to comply with your commitments contained herein, or with any term of this Agreement or any of the agreements under which you are receiving Services 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; (2) bring legal or other action for any amounts
due to us hereunder. 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 this provision is not a waiver by Chariton Valley of any rights or remedies which
we have available to us for your breach of this Agreement.
You agree to service your account or pay any amounts you may owe; we may contact you by telephone at any telephone number associated with your account, including wireless
telephone numbers, which could result in charges to you. We may also contact you by sending text messages or emails, using any email address or wireless telephone number
you provide us with. Methods of contact may include pre-recorded or artificial voice messages and/or the use of an automatic dialing device. All past due accounts deemed
uncollectible will be given 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 may include court costs, reasonable attorney fees, and a reasonable collection agency fee of 35% of the amount of the past due
account for accounts turned over to a collection agency. All such rights and remedies are cumulative and shall not be deemed exclusive. A Service Order Fee and/or a Line
Connection Fee may apply. The price of services do not include taxes and any regulatory fees.
For Internet subscriptions of 100 MB or greater, excess capacity from your router may be used by Chariton Valley for Chariton Valley’s SmartTown® network. Chariton Valley
provides high-speed wireless Internet service using community Wi-Fi over its SmartTown® network in certain locations throughout its territory to certain eligible and
active Chariton Valley customers who have not opted-out of participation in the SmartTown® network. The SmartTown® network utilizes excess capacity from customers’
routers and will not impede or restrict your access to your subscribed services. You may exclude your router from the SmartTown® network without penalty by contacting Chariton
Valley at 1-660-388-9930. If you have excluded your router, you may reinstate the use of your router in the SmartTown® network by contacting Chariton Valley at the same number.
If you discontinue your primary service for any reason, your access to the SmartTown® network will also be discontinued. On occasion, and as a service to the community,
Chariton Valley may make the wireless Internet services provided over the SmartTown® network available to the public in limited locations and for limited durations, and when
offered to the public those accessing the SmartTown® network are not required to be subscribers of Chariton Valley’s fixed Internet service. The public user’s access and use
of the SmartTown® network is, however, subject to the terms and conditions in this Agreement and all applicable Chariton Valley policies. Such access and use shall be
temporary and subject to cancellation at any time by Chariton Valley without notice.
My signature authorizes the release of credit information to Chariton Valley and the information I provided is true and correct. By signing, I agree to the above terms and
conditions of this Agreement.
Changes to Terms and Conditions: Chariton Valley reserves the right to change the terms and conditions of this Agreement at any time. Chariton Valley will post
the most current version of the Agreement at www.cvalley.net/legal-information.
Revised 6/2024
