SECTION ONE - NOTICE
BY USING THE
MATERIALS INCLUDED IN THIS PACKAGE (THE SDPlains SYSTEM) YOU BECOME
A PARTY TO THIS AGREEMENT AND SHALL BE BOUND BY ALL OF THE TERMS
AND CONDITIONS SET FORTH BELOW. IT IS YOUR RESPONSIBILITY TO READ,
UNDERSTAND AND ABIDE BY ALL OF THE PROVISIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, RETURN
THESE MATERIALS IMMEDIATELY TO WEST RIVER COOPERATIVE TELEPHONE
SECTION TWO - INTRODUCTION
an integrated system, comprised of an Internet gateway and a Web
browser, for access and use of the Internet. SDPlains is operated
by West River Cooperative Telephone Company, Inc., a South Dakota
business corporation with offices at P.O. Box 39, Bison, SD 57620.
THREE - SERVICES
provided by West River Cooperative Telephone Company, Inc. pursuant
to this Agreement consist of the following:
1. Access to
2. Configured Internet Browser;
3. Help desk support service for the SDPlains System configured
Said services are provided at the prices and upon the terms and
conditions stated in this Agreement. [Help desk support services
will be in the form of telephone support services provided 24 hours
a day, seven days a week. Tech support services may be subject to
change at the discretion of
West River Cooperative Telephone Company.
FOUR - THIRD PARTY VENDORS
System is comprised, in part, of proprietary technology that it
has procured for use by its customers from certain third-party vendors.
Acceptance of this Agreement constitutes full acceptance of all
terms and conditions of third party agreements.
FIVE - USER RESPONSIBILITIES
You are responsible
for providing all equipment, devices and software (other than the
configured browser that is part of the SDPlains System) necessary
to receive and use the service. The equipment that you provide will
have a direct and substantial impact upon the results obtained by
use of the SDPlains System. West River Cooperative Telephone Company,
Inc. will provide telephone numbers to connect to the service, which
for most customers will include a local number. You are responsible
for all telephone fees and charges associated with the use of the
telephone number you select. Use of the SDPlains System (the Service),
and of specific telephone numbers, is subject to interruptions at
its discretion or beyond West River’s control. Unauthorized access
to the Service, to restricted portions of the Service, or to the
telecommunications or computer facilities used to deliver the Service,
is a breach of this agreement.
SIX - LOGINS AND PASSWORDS
Use of the
Service requires both a login and a password. You will receive a
unique login and a password. Your login name is your address on
the Internet, and you and West River Cooperative Telephone Company,
Inc. may disclose it to others. Your password is the key that allows
you to access the Internet under your login name, and unlocks access
to your e-mail. Anyone knowing both your login and password can
gain access to your e-mail and use the Service in your name, so
passwords must be kept secret. You are solely responsible for maintaining
the confidentiality of your password, and for all consequences of
a failure to do so. If you forget your password, West River Cooperative
Telephone Company, Inc. can assist you, but will charge you a service
fee of $5.00. Such assistance will be provided upon regular business
days only. Use of another Customer’s login, or improper solicitation
of another Customer’s password, are grounds for termination of your
right to use the Service.
that you will not use or attempt to use the Service or the Internet
in any way or for any purpose described below:
1. To seek
to gain unauthorized access to the resources of the Internet;
2. To disrupt the intended use of the Internet;
3. To waste resources (people, capacity, computer) through such
4. To destroy the integrity of computer-based information;
5. To compromise the privacy of users; and/or
6. To seek to commit an illegal act through the use of the system.
It is your
responsibility to comply with all international laws and all U.S.
laws with respect to your use of the Internet, including, but not
limited to, copyright laws, obscenity laws, defamation laws, etc.
You are reminded that conduct that is illegal in other media (for
example, violations of copyright laws, etc.) is also illegal on
the Internet, and you are fully and solely responsible for the consequences
of engaging in any illegal conduct by use of the Service.
Users are personally
responsible for all use of the Service under their login, even if
someone else uses their login. Illegal, fraudulent or abusive use
of any login on the Service will result in immediate termination
of your right to use the Service, and may be referred to law enforcement
authorities. Use of any login under a name other than your own is
You must immediately
inform West River Cooperative Telephone Company, Inc. if you suspect
any breach of security, such as loss, theft, or unauthorized disclosure
or use of your login or password. Until West River Cooperative Telephone
Company, Inc. is notified of a breach of security, you will remain
responsible for any unauthorized use of the Service occurring under
A user login
is for the use by one person only. You may not sell, assign, transfer
or give away your login. Under no circumstances will you resell
your connect time.
Cooperative Telephone Company, Inc. is not responsible in any way
for any computer programs or devices used or intended for use in
connection with the Service, even if such programs are made available
on the Service. Most of the programs used on the Service are third-party
programs beyond the control of West River Cooperative Telephone
agree to indemnify and hold West River Cooperative Telephone Company,
Inc. harmless from all claims, awards, judgments, costs, expenses
(including costs of defense) and damages to which West River Cooperative
Telephone Company, Inc. is made subject as a result of any illegal,
unethical or other improper use by you of the Service and/or a breach
by you of this Agreement.
SEVEN - TIME LIMIT
service fee entitles you to unmetered access to West River Cooperative
Telephone Company, Inc.’s Gateway and use of West River Cooperative
Telephone Company, Inc.’s service.
EIGHT - FEES AND PAYMENT
You are responsible
for paying all fees and charges (plus applicable taxes) associated
with use of the Service. West River Cooperative Telephone Company,
Inc. reserves the right to change the amount of, or basis for determining,
any fee or charge, and to institute new fees or charges, effective
upon 30 days e-mail notice to the member.
244-5213 (local) or dial 611 (toll free)for current access pricing.
E-mail Licenses - $3.00 each
be payable in advance, and will be due by the 15th day of the month
in which the Service is rendered. A $10.00 fee will be charged to
your account if payment, whether by check or automatic withdrawal
from your bank account, is returned as unpayable for any reason.
Applicable federal, state, and local sales and excise taxes, if
any, applicable to your use of the Service will be added to the
basic fees described herein above.
and agree that the fees and charges described in this section are
solely for the use of the Service as described above in Section
Three. Various products and services other than those described
in this Agreement are offered by vendors and providers other than
West River Cooperative Telephone Company, Inc. on or over the Internet,
for which separate fees or charges are levied by those vendors.
You are solely responsible for payment of all fees charged for products
and services incurred by your use or purchase thereof.
Late fees equal
to one and a half percent(1 ½) or $3.00, whichever is greater
of the monthly fee will be assessed to overdue accounts. Failure
to make timely payment of monthly fee shall make your access to
the Service terminable at the option and discretion of West River
Cooperative Telephone Company, Inc. Reactivation of an account before
the end of the month in which access was suspended will result in
assessment of a processing fee of $10.00. Accounts not reactivated
by the end of the month will be terminated.
NINE - USE OF THE INTERNET
Cooperative Telephone Company, Inc. has no control over opinions,
advice or statements given or made by anyone other than authorized
West River Cooperative Telephone Company, Inc. spokespersons in
any manner on or through the Service.
and all other information expressed by users or service providers
on the Internet represent their own views and not necessarily those
of West River Cooperative Telephone Company, Inc. West River Cooperative
Telephone Company, Inc. does not endorse, support or vouch for the
accuracy of any such information. The Internet lets you share information
and communicate with other individuals accessing the Internet all
around the world. You agree not to use your access to the Internet
through the Service to engage in unsolicited advertising to other
individuals accessing the Internet to buy or sell any products or
services. This does not apply where a forum exists on the Internet
for the purpose of trading/selling equipment or services. You are
responsible for material sent through or displayed on the Internet
under your login, even if a claim should arise after termination
of the membership.
not guarantee confidentiality or security with respect to transmissions
over the Service, or the internet generally, or transactions (such
as purchases by credit card, etc.). Accordingly, you assume sole
and complete risk and responsibility for the consequences of such
actions, and West River Cooperative Telephone Company, Inc. assumes
no such responsibility.
TEN - SDPlains SYSTEM
Cooperative Telephone Company, Inc. will comply in all respects
with the Electronic Communications Privacy Act of 1986, as amended,
relating to private electronic messages on the Service. West River
Cooperative Telephone Company, Inc. will not view the contents of
private electronic messages, or show their contents to anyone other
than the writer or an intended recipient, without the approval of
either the writer or an intended recipient, except as permitted
or required by law. It is your responsibility to delete messages
that are no longer needed. Keeping an excess of messages could result
in operational problems on the home computer system. You are hereby
notified that West River Cooperative Telephone Company, Inc. will
delete private electronic messages on a thirty (30) day rotational
basis (i.e., a message will be deleted automatically thirty (30)
days after the date it is received).
will not be tolerated and will result in immediate termination of
access to the West River Cooperative Telephone Company, Inc. service.
areas exist on the Internet where users may submit material for
viewing by other persons accessing the Internet, and view submissions
by others. Submissions include the name, login and other information
that would be displayed with the submitted material. You agree to
use public postings areas only in accordance with this Agreement
and any specific policies and guidelines for the area that are displayed
on the Internet.
to public areas will not be tolerated and will result in immediate
termination of your right to use the Service.
material to a public postings area, you agree to indemnify West
River Cooperative Telephone Company, Inc. and hold it harmless from
claims arising from the submission.
Remember: You are responsible for all submissions under your login.
West River Cooperative Telephone Company, Inc. is not responsible,
and shall have no liability for material displayed in a public postings
material to a public postings area, you are irrevocably granting
everyone accessing that area permission to reproduce and/or redistribute
all or parts of your submission in any form for non-commercial purposes.
In addition, anyone is free to use information contained in a submission
for any purpose, at their own risk.
Cooperative Telephone Company, Inc. will give most notices to members
by e-mail. Other notices may be given by a general posting, or by
members to West River Cooperative Telephone Company, Inc. must be
given by e-mail or conventional mail.
e-mail must be addressed to West River Cooperative Telephone Company,
Inc. at: email@example.com.
West River Cooperative Telephone Company, Inc. by conventional mail
must be sent to:
Cooperative Telephone Company, Inc.
P.O. Box 39
Bison, SD 57620
Limitation of Liability:
Cooperative Telephone Company, Inc. warrants only that the SDPlains
System, when used in accordance with provided operating instructions,
will provide access to the Internet. YOUR SOLE REMEDY FOR FAILURE
OF THE SDPlains SYSTEM TO PROVIDE SUCH ACCESS SHALL BE A PRO-RATA
REFUND OF THE MONTHLY USER FEE FOR THE MONTH IN WHICH A FAILURE
OF THE SYSTEM TO PROVIDE SUCH ACCESS. IN NO EVENT WILL WEST RIVER
COOPERATIVE TELEPHONE COMPANY, INC. BE LIABLE TO YOU FOR ANY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF (OR ATTRIBUTABLE TO) THE USE OR INABILITY TO USE
THE SDPlains SYSTEM.
of Access to the Service:
or West River Cooperative Telephone Company, Inc. may terminate
the Service at any time and without cause. The only recourse of
a user with respect to dissatisfaction with any policies, guidelines
or practices, changes in fees or service content is for the user
to terminate his use of the Service.
Cooperative Telephone Company, Inc. shall terminate your access
to all or any part of the Service, without notice, for conduct that
West River Cooperative Telephone Company, Inc. believes is a violation
of this Agreement or any policies or guidelines posted by West River
Cooperative Telephone Company, Inc. on the Service, or for other
conduct that West River Cooperative Telephone Company, Inc. believes
harmful to others (hereafter referred to as termination for cause).
of the Service without cause, West River Cooperative Telephone Company,
Inc. will refund any unused portion of prepaid fees after satisfying
any outstanding balances owed West River Cooperative Telephone Company,
Inc. Termination for cause shall not entitle the terminated party
to any refund or reimbursement whatsoever.
Cooperative Telephone Company, Inc. is not responsible for notifying
anyone other than the you of a termination of your access to the
Service. Upon termination of access, any banking, brokerage, or
other third-party relationships will no longer be accessible through
the Service. West River Cooperative Telephone Company, Inc. will
not have any responsibility for consequences of such lack of access.
and all policies and guidelines referred to herein, which you accept
by accepting and using the Service, constitutes the entire agreement
between you and West River Cooperative Telephone Company, Inc. regarding
use of the Service, and may be amended at any time and in any fashion
by West River Cooperative Telephone Company, Inc. upon notice from
West River Cooperative Telephone Company, Inc. to you. The provisions
of this Agreement will continue in effect even after termination
of your access. You can reach West River Cooperative Telephone Company,
Inc. by calling (800)592-1803, sending e-mail to West River Cooperative
Telephone Company, Inc. at: firstname.lastname@example.org, or by writing to:
Cooperative Telephone Company, Inc.
P.O. Box 39
Bison, SD 57620
You agree that
the laws of the State of South Dakota shall be applied in all matters
pertaining to the construction and/or application of the terms of
this Agreement. Your acceptance of this Agreement constitutes your
consent and submission to personal jurisdiction of the courts of
the State of South Dakota, with respect to any matter relating to
your use of the Service.
ELEVEN - REPRESENTATION
that you are of full age of legal majority and are not under any
disability or restriction, and are in all respects fully authorized
and empowered to enter into this Agreement and be bound by and perform
in accordance with its terms. This document, when accepted by you,
will impose certain legally enforceable obligations upon you. If
you have any questions pertaining to the content or effect of this
Agreement, it is your responsibility to contact your own legal advisor.