Terms & Conditions
Thursday, December 3, 2015 - 3:41pm
General Terms and Conditions & Privacy Statement
These general Terms and Conditions, along with any Service Agreement or Work Order, set forth the terms and conditions under which Rainbow agrees to provide the Services described herein.
- General. Rainbow agrees to provide the undersigned commercial services subscriber (“Customer” or “You”) with the services selected by the Customer on the Service Agreement or Work Order or as subsequently agreed to by the Customer, including High Speed Internet service, commercial voice services (each a “Service” and, collectively, the “Services”) and associated equipment used in connected with the Services (“Equipment”). Your signature on any Work Order, Service Agreement or use of the Services, constitutes your acknowledgement and agreement that you have read and that you understand the terms and conditions of this Agreement and that you agree to be bound by the terms of this Agreement. If You do not agree to comply with all of the terms of this Agreement, your sole and exclusive remedy is to discontinue your use of the Services.
- Subscription and Payment. Customer is subscribing to Services as set forth on its Work Order, or as ordered over the telephone, or online. Customer agrees to pay the monthly service fees and related charges for the Services.
- Payment. Customer agrees to pay for all Services provided to Customer by us including charges for installation, Equipment, Services provided on an individual basis, any other Services provided and all applicable local, state or federal fees, taxes, surcharges and other fees that are imposed or permitted by governmental or quasi-governmental bodies for the sale, installation, use or provision of the Service or Equipment. Any prepaid Services are non-refundable. Monthly recurring charges are billed in advance and non-recurring charges are billed in arrears. Charges for a partial month shall be pro-rated. All charges are due upon receipt of bill or by date specified on the billing statement for each period. If Customer intends to dispute a charge or request a billing credit, Customer must contact us within forty-five (45) days of the date of the bill; otherwise, such dispute or credit is waived.
- Late/Other Charges. Customer understands that Rainbow may impose an administrative late fee for each month’s charges not paid when due. If Service is disconnected, we may impose a reconnect charge and/or security deposit, in addition to any outstanding balance, including any late charge, before service is restored. If Customer has not paid amounts due within thirty (30) business days of the due date, and we use the services of a collection agency and/or attorney to collect amounts due, Customer agreed to pay to us, in addition to other amounts due, all reasonable agency and attorneys’ fees that we incur, including without limitation, court costs.
- Additional Fees. In addition to Customer’s monthly recurring charges and any administrative fee, additional fees may be imposed, including fees for returned checks, charge card chargeback, early termination, reconnection and service calls. If Customer cancels, terminates, or downgrades the Service before the completion of any promotional term to which Customer agreed (“Initial Term”), Customer agrees to pay Rainbow all amounts due for the remainder of the Initial Term, plus all outstanding charges for all Services used and Equipment purchased for which Customer has not paid prior to termination. Early cancellation fees or any other fees may automatically be charged to Customer’s account and Customer’s credit or debit card provided to Rainbow.
- Access to Premises. Customer agrees to provide Rainbow employees with reasonable access to the premises to install, inspect, repair, alter, maintain, or remove the Service and any Rainbow equipment.
- Ownership of Equipment. “Equipment” includes all Equipment installed in or on Customer’s premises by us including, without limitation, cable modems, digital subscriber line (“DSL”) modems, wiring, house mounted security enclosures, telephones and any other Equipment owned by Rainbow or leased to Customer for the Services under this or another Agreement or order between Rainbow and Customer. The Equipment shall remain Rainbow’s sole and exclusive property.
- Use Policies. Customer agrees to ensure that all uses of the Rainbow Equipment and/or the Services installed at its premises (“use”) are legal and appropriate. Specifically, Customer agrees to ensure that all uses by it or by any other person (“user”), whether authorized by Customer or not, comply with all applicable laws, regulations, and written and electronic instructions for use. Rainbow reserves the right to act immediately and without notice to terminate or suspend the Services and/or to remove from the Services any information transmitted by or to Customer or users, if Rainbow (i) determines that such use or information does not conform with the requirements set forth in this Agreement, (ii) determines that such use or information interferes with Rainbow’s ability to provide the Services to Customer or others, or (iii) reasonably believes that such use or information may violate any laws, Effective regulations, or written and electronic instructions for use.
- Tampering/Misuse/Lost/Stolen. Customer is responsible for all charges attributable to Customer with respect to the Services, even if incurred as the result of fraudulent or unauthorized use of the Services. Customer shall not alter, misuse, repair, or in any manner tamper with the Equipment or outlets or remove from the Equipment any markings or labels. Equipment cannot be removed from Customer’s premises and used in another location. Customer is responsible for the safekeeping of all Equipment. If any Equipment is destroyed, damaged, lost or stolen while in Customer’s possession, Customer shall be liable for the cost of repair or replacement of the Equipment. Rainbow reserves its rights to charge up to the current replacement value per each unreturned Equipment unit at the termination of Customer’s Service.
- Termination of Service. Customer may terminate Service at any time by notifying Rainbow; provided, however, that thirty (30) days written notice is required plus an early termination fee if Customer is under a contract. Rainbow may terminate Service at any time for any reason by providing 30 days advance notice. Customer expressly agrees that upon termination of this agreement and the Services (i) Customer shall pay any outstanding balance in full and promptly return the equipment to Rainbow; (ii) Customer will permit Rainbow to access Customer premises at a reasonable time to remove any Equipment or other material provided by Rainbow; (iii) Customer will return or destroy all copies of any software provided to Customer pursuant to this Agreement; and (iv) Rainbow is authorized to delete any file, programs, data and e-mail messages associated with Customer’s account. Rainbow may terminate Service immediately for violation of these General Terms and Conditions.
- Changes in Services, Equipment and Charges. We may change our Services, Equipment and charges, including deleting Services, with or without notice. Customer acknowledges that the content, programs, or formats of the Services may be discontinued, modified or changed by the owners of the services at any time without prior notice.
- Resale. Customer may not sell, resell, sublease, assign, license, sublicense, share, provide, or otherwise utilize in conjunction with a third party (including, without limitation, in any joint venture or as part of any outsourcing activity) the Services or any component thereof.
- Transfer of Account or Change of Residence/Ownership. Customer may not assign or transfer Customer’s obligations or rights related to the Equipment or Services, including to a new address, without our express written consent.
- Service and Repairs. We will make reasonable efforts to maintain our system facilities and respond to service calls in a timely manner. We will repair damage to Equipment, or interruption of Service, due to reasonable wear and tear or technical malfunction. Physical damage to Equipment caused by misuse, insect infestation, spillage, or neglect is Customer’s sole responsibility and Customer must pay us for the cost of repair or replacement.
- Customer’s Equipment. We shall have no responsibility for the operation, maintenance or repair of any equipment owned by Customer, including but not limited to modems, routers, telephones and other devices.
- Service Interruptions. We assume no liability for interruption of Service or alterations in programming due to circumstances beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather. We assume no liability for any substitution, discontinuation or modification of any programming. We will restore service within seventy-two (72) hours after you report a service interruption or other problem if the cause was not beyond our control, including without limitation, acts of God, natural disaster, fire, civil disturbance, strike or weather.
- Compliance with Agreement. We reserve the right to suspend performance or terminate Service for the breach of any of these terms and conditions or our policies related to the Services.
- Additional Policies.
- Internet Service. If Customer receives Internet Service, Customer agrees to be bound by Rainbow’s Acceptable Use Policy (as posted at https://www.rainbowtel.net/acceptable-use-policy), which shall supplement, and control over any contradictory terms in this Agreement.
- Phone Service – CPNI. Customer understands and acknowledges that Customer’s use of Phone Service is subject to Rainbow’s Customer Proprietary Network Information (“CPNI”) Policy, (as posted at http://www.rainbowtel.net/cpni-policy), which shall supplement, and control over any contradictory terms in this Agreement.
- Phone Service – Battery Backup. Customer understands and acknowledges that Customer may lose access to Rainbow’s Phone service or the service may not function properly, including the ability to call for 911/E911 service, under certain circumstances, including but not limited to, the following: (i) IF RAINBOW’S NETWORK OR FACILITIES ARE NOT OPERATING; (ii) IF CUSTOMER OTHERWISE LOSES THEIR BROADBAND CONNECTION; (iii) IF CUSTOMER EXPERIENCES A POWER OUTAGE; (iv) IF ELECTRICAL POWER TO THE MODEM IS INTERRUPTED; and (v) IF CUSTOMER FAILED TO PROVIDE A PROPER SERVICE ADDRESS OR MOVED THE SERVICE TO A DIFFERENT ADDRESS. Customer understands and acknowledges that in order for 911/E911 calls to be properly directed Rainbow must have Customer’s current service address and if Customer moves his/her Service to a different address without Rainbow’s approval, 911/E911 calls may be directed to the wrong emergency authority, may transmit the incorrect location address for responding or the Service (including 911/E911) may fail altogether. Customer is required to notify Rainbow of any change of address of the voice enabled advanced modem for E911 calling service to work properly. Customer agrees that, to the maximum extent allowed by law, Rainbow shall have no liability for any damages caused, directly or indirectly, by customer’s inability to access the Services, including the Rainbow VoIP Phone Service) and 911/E911 services. Customer agrees to defend, indemnify, and hold harmless Rainbow, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Account relating to the absence, failure or outage of the Service, including 911 dialing and/or inability of Customer or any third person or party or user of Customer's Service to dial 911 or to access emergency service personnel.
- Customer Warranties. Customer represents and warrants that it has the legal right and authority to execute, enter into and bind such party to the commitments and obligations set forth herein. Customer warrants that it is legally empowered to authorize Rainbow to enter upon the property for the purpose of: (i) placing Rainbow transmission lines in the utility easement on the property, including, if necessary, an above ground pedestal in the easement; (ii) attaching wiring and equipment to the structure; and (iii) installing any additional equipment necessary to connect to and use Rainbow’s broadband Internet service.
- WARRANTY DISCLAIMER. OUR EQUIPMENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. NO STATEMENT, ADVICE, OR INFORMATION GIVEN BY US, OUR OFFICERS, EMPLOYEES, AGENTS, AUTHORIZED REPRESENTATIVES, AFFILIATES OR CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES, CREATES A WARRANTY. CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES BY RAINBOW, WRITTEN OR ORAL, OTHER THAN THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT. WE DO NOT WARRANT THAT THE EQUIPMENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
- CUSTOMER INDEMNIFICATION. CUSTOMER AGREES THAT CUSTOMER SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS RAINBOW AND ITS THIRD-PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES) (COLLECTIVELY, THE “RAINBOW GROUP”) AND SHALL REIMBURSE THE RAINBOW GROUP FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF: (i) CUSTOMER’S USE OF THE SERVICE OR EQUIPMENT; (ii) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM CUSTOMER’S USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND (iii) CUSTOMER’S BREACH OF ANY PROVISION OF THIS AGREEMENT.
- LIMITATIONS ON LIABILITY. IN NO EVENT SHALL RAINBOW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE EQUIPMENT, THE SERVICES, OR CUSTOMER’S USE OF OR INABILITY TO USE THE FOREGOING, INCLUDING LOST BUSINESS OR PROFITS, BUSINESS INTERRUPTION OR DOWNTIME, LOSS OF INFORMATION OR DATA, OR COST OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS OR SERVICES. THE TOTAL CUMULATIVE LIABILITY OF RAINBOW ARISING OUT OF AND RELATED TO THIS AGREEMENT, THE EQUIPMENT, THE SERVICES, AND CUSTOMER’S USE OF OR INABILITY TO USE THE FOREGOING SHALL NOT, REGARDLESS OF THE NUMBER OF INCIDENTS OR CAUSES GIVING RISE TO ANY SUCH LIABILITY, EXCEED THE LESSER OF: (A) THE FEES PAID BY CUSTOMER TO RAINBOW IN RESPECT OF THE EQUIPMENT AND SERVICES GIVING RISE TO THE CLAIM(S); OR (B) THE TOTAL FEES PAID BY CUSTOMER TO RAINBOW UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE FIRST SUCH CLAIM. THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, REGARDLESS OF THE CAUSE OF ACTION OR BASIS OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, INDEMNITY OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THIS AGREEMENT, AND SHALL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.
- Special Provisions Regarding Internet Services.
- CUSTOMER understands and agrees that RAINBOW does not guarantee any particular amount of bandwidth on the RAINBOW network or that any speed or throughput of CUSTOMER’S connection to the RAINBOW network will be available to CUSTOMER. Customer understands and agrees that the speed of the Service provided at Customer’s site will vary depending upon a number of factors, including Customer’s computer system(s) and associated equipment, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Rainbow’s control, and system failures, modifications, upgrades and repairs.
- Customer understands that Rainbow may use various tools and techniques in order to efficiently manage its networks and to ensure compliance with Rainbow’s Acceptable Use Policy. For further information, please see Rainbow’s Broadband Internet Service Disclosure (as posted at https://www.rainbowtel.net/network-management-practices-disclosure).
- Customer further understands and agrees that, to allocate bandwidth across all of its users, Rainbow may employ traffic-management technology, including but not limited to packet-reset technology, which technology may materially slow the uploading of certain files.
- Information Provided to Third Parties. Rainbow is not responsible for any information provided by Customer to third parties. Customer assumes all privacy and other risks associated with providing personally identifiable information or CPNI to third parties via the Services.
- Monitoring. Rainbow has no obligation to monitor content; however, Customer agrees that Rainbow has the right to monitor content and Customer’s use of the Services, and to disclose any information as permitted or required by any law, regulation, or governmental request, or to protect us or our other customers.
- Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Kansas. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Entire Agreement. This Agreement, any applicable tariffs and other agreements specifically referenced herein constitute the entire agreement between Rainbow and you for the subject matter hereof. Only Rainbow may make modifications to this document. The invalidity or unenforceability of any term of this Agreement shall not affect the validity or enforceability of any other provision.