Wireless Internet Service Agreement

By establishing an account or using the Services of River Canyon Wireless you agree to be bound by this Agreement and use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.

The following terms and conditions shall apply to any customers, subscribers, or users of River Canyon Wireless Internet Service(s). In utilizing River Canyon Wireless Internet Service(s), Customers agree to adhere to the terms and conditions of this Agreement as well as the Acceptable use Policy set forth by River Canyon Wireless. A paper copy of all policies is available upon request from River Canyon Wireless, or available for download from the website https://rivercanyonwireless.com/

Billing

Billing is done once per month. Full payment is due net 15 days from the date of the invoice. Payments can be mailed to our office. We will only give account information to the registered account holder, or others authorized on the account. Please make sure to add a spouse’s name to the application if you want them to have access to change the account in any way.

Payment Policies and Terms

Payments shall be due to River Canyon Wireless, net 15 days from the date of the invoice. A Fifteen Dollar ($15.00) late payment fee shall be assessed on any account not paid within fifteen (15) days from the due date of the invoice. Accounts remaining unpaid for thirty (30) days or more shall be deemed delinquent. Delinquent accounts shall accrue interest at 21.5% APR on all outstanding principal amounts until paid. Delinquent accounts shall be placed on “accounting hold” and services to the Subscriber/Customer shall be suspended until the account is paid in full. For any Subscriber’s account that has been placed on suspended service or “accounting hold”, River Canyon Wireless reserves the right, at its sole discretion, to charge a Ten Dollar ($10.00) reconnection charge to the Subscriber’s account to reactivate the Subscriber’s service after the reconnection charge has been paid. In the event that any balance is not paid as agreed, the Subscriber agrees to pay a collections fee equal to 40% of the unpaid balance in addition to the unpaid balance. In the event of a lawsuit to collect the unpaid balance, the Subscriber further agrees to pay court costs and reasonable attorney fees.

A Twenty-Five Dollar ($25.00) fee will be added to the Subscriber’s account in the event of any bad or returned checks. In the event that more than one check is returned during the lifetime of the Subscriber’s account, we will only accept cash, credit card, or certified funds for payment on the account.

Termination

River Canyon Wireless reserves the right to terminate this Agreement, your password, your account, or your use of the Internet Service(s) at any time, for any reason without prior notice, including, but not limited to, if River Canyon Wireless, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the other applicable user policies, or if you fail to pay any charges when due. River Canyon Wireless may provide termination notice to you by email address, US Mail, courier service, or by phone, but is not required to do so.

Termination by River Canyon Wireless for violations of River Canyon Wireless Terms of Service or Acceptable use Policy shall be subject to the termination/reconnection fees described in the Payment Policies and Terms section.

Additional Fees

In the event that special construction, or additional equipment including, but not limited to, longer cable, additional grounding, or specialized antennas are needed, an additional fee will be required for said equipment and any additional labor not included with the standard install. Additional labor is billed at $60.00/hr.

Standard Maintenance

River Canyon Wireless connection point ends at the Subscriber Module. Any trouble beyond our network equipment is the full responsibility of the Subscriber and their subsequent Network Administrator or vendor. Standard maintenance is limited solely to River Canyon Wireless network and backbone connectivity. If your connection ceases to function properly and the River Canyon Wireless network is still functioning properly, a technician will be sent to troubleshoot during normal business hours (9:00 AM-4:30 PM Monday-Friday). If the problem is due to subscriber negligence, or any of the items listed in the “Not covered by Standard Maintenance” section, standard hourly rates apply.

Not Covered by Standard Maintenance

Repair or replacement of parts damaged or lost through catastrophe, accident, lightning, misuse, transportation, theft, fault or negligence of Subscriber or causes external damage to the Internet System, such as, but not limited to, failure of, or faulty, electrical power, operator error, or malfunction of the Subscriber’s computer and/or peripheral equipment, including routers, which are considered customer owned equipment, or from any cause other than the intended ordinary use. Antenna re-aiming or relocation due to obstruction such as trees, vegetation or buildings, or storm related damage. Any re-aiming or relocation of antennas, or reconstruction of tower/mast assemblies will be billed to the Subscriber at standard hourly rates.

Indemnification/Release

Subscriber, its agent, successor and/or assigns expressly agree to indemnify River Canyon Wireless, its affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suites, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of, or termination of River Canyon Wireless Service(s) hereunder, including but not limited to, Subscriber’s access to content uploaded or downloaded using River Canyon Wireless Service(s) from any source or recipient. Subscriber further releases River Canyon Wireless from any responsibility or liability related to the accuracy, quality or confidentiality of any information available by or through River Canyon Wireless Service(s), system and/or the wireless network. Subscriber’s release of River Canyon Wireless includes any actions or inaction by River Canyon Wireless which may or may not amount to negligence. Subscriber further agrees to indemnify and hold harmless River Canyon Wireless from and against any and all claims, actions, causes of action, loss or damages including attorney fees which in any way arise from Subscriber’s installation of, use of, termination of River Canyon Wireless Service(s) herein.

Disclaimer

River Canyon Wireless assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via River Canyon Wireless Service(s). River Canyon Wireless discloses and the Subscriber acknowledges that there may be content on the Internet or otherwise available through the Service(s) provided by River Canyon Wireless which may be offensive to some individuals, which may or may not be in compliance with local, state or federal laws, rules or regulations, including but not limited to, pornographic, or otherwise inappropriate or sexually explicit offensive content. Subscriber acknowledges to River Canyon Wireless that its use of River Canyon Wireless Service(s) to access information, content or other services is at its own risk.

Governing Law and Venue

The laws of the State of Utah shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this agreement shall be Grand County, Utah.

Binding Arbitration

Any dispute, claim or controversy, excluding collections disputes and activities, arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration. Judgment on the Award may be entered in any court having jurisdiction. The judgment of any such Arbitration shall be binding unto the parties.

Customer Agreement

The Subscriber agrees that it is their responsibility to read and understand the checklist, FAQ, “Website Privacy Policy”, and “Acceptable Use Policy” sections of the River Canyon Wireless website. The Subscriber/Customer assumes all liability of providing a computer or device capable of using the IP protocol over Ethernet.

Entire Agreement

This Agreement, in combination with the “Acceptable Use Policy” and other policies posted River Canyon Wireless 611 S. Main St. • Moab, UT 84532 • 435.259.8319 • Toll Free: 855.729.6622 Wireless Internet Service Agreement directly and publicly on the River Canyon Wireless website, constitute the entire Agreement between the parties and no other representations or statements will be binding upon the parties. If any part of this Agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this agreement shall remain in full force and effect.

Service Location

This service is for a single-family residence and/or home-office use only. Internet sharing is allowed only within the boundaries of the residence. Allowing others outside the boundaries of the residence to use this connection via wired, wireless (Wi-Fi or other technology) or by other means will result in immediate disconnection. Reselling this service will result in immediate disconnection. However, businesses may setup a Wi-Fi hotspot with permission of River Canyon Wireless, but this is only allowed on a case-by-case basis.

Monitoring the Service

River Canyon Wireless has no obligation to monitor the Service(s), but may do so and disclose information regarding the use of the Service if for any reason River Canyon Wireless, in its sole discretion, believes that it is reasonable to do so, including, but not limited to: satisfy laws, regulations, or governmental or legal requests; operate the Service(s) properly; or to protect itself and its interests. River Canyon Wireless may immediately remove your material or information from River Canyon Wireless servers, in whole or in part, which River Canyon Wireless, in its sole and absolute discretion, determines to infringe on another party’s rights or violates our Acceptable Use Policy or this Agreement.

Content Filtering

In compliance with Utah Code 76-10-1231 Upon request customers of River Canyon Wireless may request content filtering for their personal internet account. Upon request of content filtering services, the requirements of filtration will be covered by knowledgeable competent staff to either provide content filtration assistance or assist the customer in the execution of content filtration on their personal equipment. River Canyon Wireless is not liable for any faults in the filtration process not limited to, but including sites that have not been added to filtration listings or the knowledgeable circumventing of the filtration process and systems.

Abuse of Service

Any use of the system that disrupts the normal use of the system for other Subscribers is considered to be abuse of Services. The propagation of computer worms, viruses, spyware, adware or the use of the network to make unauthorized entry to any other computer systems, River Canyon Wireless equipment, or other communication devices or resources of others is a violation of this agreement. The use of River Canyon Wireless Service(s) by Subscribers to modify, alter, reverse engineer, decompile disks, or to disassemble any proprietary work in whatever form is a violation of this Agreement. Subscribers running IPX or any other method to use an IP tunneling protocol without notification to and permission from River Canyon Wireless is a violation of this Agreement. The broadcast of Routing Internet Protocol (RIP) or any other inter router protocol by Subscriber(s) is a violation of this Agreement. Failure to obey all terms set forth in the Acceptable Use Policy is a violation of this Agreement. Any Subscriber deemed by River Canyon Wireless to be in violation of this section is subject to immediate termination by River Canyon Wireless. Termination under this section shall have no liability other than to refund any unearned prepaid service fees including direct, indirect, incidental or consequential damages.

Additional Clarifications, Terms and Conditions

Usernames, passwords and email addresses at rivercanyonwireless.com, rivercanyonmoab.com, or rcwmoab.com are the property of River Canyon Wireless. River Canyon Wireless may alter, replace, or delete them at any time.

River Canyon Wireless has no control over certain types of interference and signal blockage. We do not guarantee any level or quality of service. If the Service(s) become unusable and cannot be restored within 2 working days, your account will be credited for the outage.

River Canyon Wireless cannot be held liable or responsible for any type of loss, whether actual or perceived, due to lack of service. Subscriber understands that Service(s) will be interrupted from time to time for various reasons, including, but not limited to, maintenance, upgrades and power outages. There will be no warning for some outages.

Equipment and Scope of Work

All equipment, modems, subscriber modules, antennas and standard mounting equipment furnished by River Canyon Wireless will at all times remain the property of River Canyon Wireless. Subscriber may not sell, transfer, lease, encumber, or assign all or part of the equipment to any third party. Subscriber shall pay for the full retail cost of, or the repair or replacement or part thereof, together with any costs incurred by River Canyon Wireless in obtaining or attempting to obtain possession of any such equipment. Upon the expiration or termination of this Agreement, subscriber authorizes River Canyon Wireless to retrieve from Subscriber’s premises any and all equipment that is owned by River Canyon Wireless. Failure to return equipment will result in a minimum charge of $250 for lost or damaged equipment.

Moving / Site Change

Moving and want to keep your high-speed Internet service? The fee for a move is $50.00. Just fill out a new application and give us your old and new addresses.

Permitting and Landlord Approval

It is the Subscriber’s responsibility to obtain any and all required permits, homeowner association approval, mortgage grantor’s permission, or to grant or gain landlord approval for the placement of antenna on the Subscriber’s building. Landlord/Owner consents to the installation, maintenance, and removal of the equipment described herein and required by the subscriber to receive River Canyon Wireless Services.

Delinquent accounts

Shall be placed on “accounting hold” and services to the Subscriber shall be suspended until the account is paid in full. For any subscriber’s service that has been placed on suspended service, River Canyon Wireless reserves the right, at its sole discretion, to charge a Ten Dollar ($10.00) reconnection charge to the customer’s account to reactivate the Subscriber’s services after the reconnection charge has been paid. In the event any balance is not paid as agreed, the undersigned agrees to pay a collections fee equal to 40% of the un-paid balance in addition to the unpaid balance. In the event of a lawsuit to collect the unpaid balance, the undersigned further agrees to pay court costs and reasonable attorney’s fees.

Termination

Subscriber may terminate this Agreement by submitting a request for termination by fax, U.S. Mail, or telephonically to the address or phone numbers listed in this agreement. Requests not received prior to the close of business shall have a termination date of the next business day.

Changes

River Canyon Wireless reserves the right to update or change edit or remove any portion of this agreement or other use policies at any time including but not limit to changes to Terms of service, Acceptable use Policy, subscription rates, speeds, charges, services, service definitions, coverage. Pursuant with transparency practice, River Canyon Wireless will publicly post or otherwise communicate changes to be made, however it shall be the Customer’s responsibility to review this agreement at https://rivercanyonwireless.com/tos/tos from time to time to become aware of any changes or modifications. Continued use of River Canyon Wireless Internet Service(s) after any changes to this Agreement are posted will be considered acceptance of changes made.