Terms and Conditions

Terms and Conditions

Terms and Conditions


Global Terms and Conditions

1. INTRODUCTION

This document, Global Terms and Conditions (“GTC”), constitutes part of, is incorporated into, and should be read in conjunction with the Fiber Optic Service Agreement (“Agreement”) applicable to access to OzarksGo, LLC’s (“OzarksGo”) fiber optic network (“Service”) requested by an individual or entity (“Subscriber”). READ THE AGREEMENT CAREFULLY. ALL OF THESE TERMS AFFECT SUBSCRIBER’S LEGAL RIGHTS BY, AMONG OTHER THINGS, LIMITING OZARKGO’S LIABILITY AND REQUIRING MANDATORY ARBITRATION OF DISPUTES

2. AGREEMENT

Subscriber agrees to be bound by the Agreement and to use the Service in compliance with the Agreement.  If Subscriber does not agree to all the terms and conditions of the Agreement, including any future revisions, Subscriber shall not use the Service and must cancel Service immediately.  Certain provisions of the Agreement will survive cancellation or termination.

3. OZARKSGO’S RIGHT TO MAKE CHANGES

OzarksGo may, in its sole discretion, change, modify, add or remove (collectively “Revisions”) portions of this GTC, including the Acceptable Use Policy referenced herein (“AUP”), at any time.  OzarksGo shall give Subscriber notice of any Revisions that OzarkGo determines, in its sole discretion, to be material to Subscriber’s Service or the Agreement, and shall be deemed given when: (a) transmitted to Subscriber’s email address; or (b) mailed as a letter, bill message, bill insert, postcard or other notice via the US mail to Subscriber’s last known address; or (c) delivered by hand to Subscriber.  All Revisions shall be posted on OzarkGo’s website at www.ozarksgo.net/terms. The revised GTC or AUP will be effective immediately upon notice of the Revisions being mailed, emailed, or hand delivered.  Any revised GTC or AUP will supersede any prior version of same.  Subscriber's continued use of the Service following such notice shall be deemed as Subscriber's acceptance of any Revisions. If Subscriber does not agree to the Revisions, Subscriber only recourse will be to cancel Service as set forth within the Agreement.  Subscriber may not modify the Agreement, this GTC or the AUP by making any typed, handwritten, or other changes to same for any purposes.

4. SUBSCRIPTION

Subscriber must be at least 18 years of age, and have legal authority to enter into the Agreement. Subscriber represents that all information provide during the subscription process is accurate and complete and that Subscriber will update such information with OzarksGo should any such information change.

5. PRICING

Current installation prices and monthly fees for each Level of Service offered by OzarksGo are posted on OzarksGo’s website at www.ozarksgo.net. After a Subscriber has satisfied the initial 12 month minimum term, OzarksGo reserves the right to change prices and institute new fees at the beginning of each month-to-month calendar period. If Subscriber does not agree with any changes in prices or new fees, Subscriber may cancel Service in compliance with the Agreement. Any upgrades to existing service may incur additional installation charges.

6. PAYMENT OBLIGATIONS OF SUBSCRIBER

Subscriber’s installation fee shall be paid the earliest of the due date as set by OzarksGo or the date Service is made available. The monthly Service fee will begin upon the date Service is made available. Service is offered and billed in full calendar month increments. Excepting the first month of service, which will be pro-rated, no refunds will be given for partial months of Service. Subscriber is responsible for all charges to Subscriber’s account. All charges are considered valid unless disputed in writing within 30 days of the billing date. Adjustments will not be made for charges that are more than 45 days old.  Default in payment, including failure to timely pay may, at OzarksGo’s sole discretion, result in late fees or disconnection of the Service, or both.

7. EQUIPMENT

Depending on Level of Service available to and selected by Subscriber, certain equipment will be required for Service.  This equipment may include an Optical Network Terminal, in-home fiber cable, DVR set-top box, non-DVR set-top box, wi-fi extender, gigabit switch, power strip, battery back-up unit, and remote controls (the “Equipment”).  OzarksGo will provide Subscriber with the Equipment, which shall at all times remain the property of OzarksGo, shall not be tampered with, and upon termination or cancellation of Service shall be returned to OzarksGo in the same condition as existed at the time of delivery, reasonable wear and tear excepted, within ten days from the date of termination or cancellation.  All Equipment must be returned to an OzarksGo business address, which can be found on OzarksGo’s website, www.ozarksgo.net.  Failure to return the Equipment to OzarksGo within ten days will result in Subscriber being liable for and charged the cost of the Equipment.

8. CANCELLATION

Subscriber may cancel Service only as follows:
a) Telephone Cancellation: 479-684-4900.
b) Email: support@ozarksgo.net
c) Mail Cancellation:

OzarksGo Cancel Service
PO Box 1368
Fayetteville, AR 72702

Cancellation by email or mail must include the Subscriber’s name, account number, address, telephone number, and date of desired cancellation.

9. AUTHORIZED USER

Subscriber and members of Subscriber’s household, including guests of Subscriber, are the only authorized users of the Service and must comply with the Agreement. Subscriber may not sell, transfer, lease, encumber or assign all or part of the Service. If Subscriber installs a wireless router, no one outside of Subscriber’s household may access the Service through Subscriber’s account. Subscriber is responsible for all traffic coming into or from Subscriber’s account even if it is an unauthorized user. Subscriber shall assure that any use of the Service complies with all applicable laws, regulations and rules. This limitation on authorized users includes, but is not limited to, hosting applications such as the provision of e‐mail, FTP, HTTP, VoIP, and Telnet access. Although resale of such services is prohibited, a business rate plan allows for the hosting of these services for the business’s own purpose (e.g., employee email, basic business website for marketing).

10. INSTALLATION

Installation of the Service means that Service has been made available to Subscriber, which, depending on the Level of Service available to and selected by Subscriber, may include access to a data, voice, or video connection. OzarksGo cannot guarantee that the Service can be provisioned to a specific location. OzarksGo may, in its sole discretion, accept or reject any potential Subscriber. Because of the complex nature of the Service, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. Where, after installation has begun for a Subscriber, it is learned that Service is not reasonably possible, OzarksGo will cancel the installation process and refund any money Subscriber paid for installation.

11. ACCESS TO SUBSCRIBER’S PREMISES

Subscriber shall allow OzarksGo and its agents the right to enter Subscriber’s real property and premises at reasonable times, for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Service and Equipment. Subscriber shall allow OzarksGo use of Subscriber’s real property to extend Service to adjacent subscribers. When reasonably possible, all service extensions will follow any existing utility easements. Subscriber warrants that Subscriber is either the owner of the real property and premises or has the authority to grant OzarksGo access to same.

12. CREDIT INQUIRIES

Subscriber authorizes OzarksGo to make inquiries and to receive information about Subscriber’s credit experience from others, to enter such information into Subscriber’s file, and to disclose such information to appropriate third parties for reasonable business purposes. Subscriber further authorizes and consents to OzarksGo reporting any late payment or non-payment of any Service Fees by Subscriber to credit grantors or credit reporting agencies.

13. OZARKSGO’S USE OF EQUIPMENT

Subscriber agrees and understands OzarksGo may utilize the Equipment provided by OzarksGo to the Subscriber to extend coverage of the fiber optic network for OzarksGo’s or other subscribers’ use. Such use will utilize an account and network independent of the Subscriber’s Service and will not impede or restrict Subscriber’s Service.

14. GENERAL RESTRICTIONS ON THE SERVICE

The Service speeds and quality identified in OzarksGo’s marketing materials and other communications reflect Service speed and quality capability and are dependent upon the Level of Service selected and available. The high-end of the speed or quality range for Service represents the potential wired maximum speed and quality capability for a Level of Service, but is not a statement or guarantee of the maximum speed or quality Subscriber will receive. OzarksGo may contract with third parties to provide portions of the Service.

15. MONITORING THE SERVICE

OzarksGo has no obligation to monitor the Service, but may do so and disclose information regarding use of the Service for any reason if OzarksGo, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its Subscribers. OzarksGo may immediately remove Subscriber material or information from OzarksGo servers, in whole or in part, which OzarksGo, in its sole and absolute discretion, determines to infringe another’s property rights or to violate the Agreement.

16. ACCEPTABLE USE OF THE SERVICE

Subscriber shall not use or to allow others to use the Service for illegal or inappropriate activities, including but not limited to: invading another person’s privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content that is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable. OzarksGo has no responsibility for the accuracy, completeness, value or usefulness of any content, advice or opinions contained in any emails, third party web sites, message boards, chat rooms, social networks or online services. The internet may contain material that is unsuitable for minors, and Subscriber agrees to supervise and to accept sole responsibility and liability for any use of the Service by minors through Subscriber’s account. Subscriber shall comply with OzarksGo’s AUP, which OzarksGo may modify at any time. The current AUP is available for review at the following address, subject to change: www.ozarksgo.net/AUP. OzarksGo may take any legal and technical remedies to enforce or prevent the violation of the AUP.

17. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY

THE SERVICE AND THE EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OZARKSGO AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OF THE SERVICE, THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OZARKSGO AND ITS SUPPLIERS MAKE NO EXPRESS WARRANTIES REGARDING THE SERVICE AND THE EQUIPMENT AND DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

OZARKSGO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND VENDORS (COLLECTIVELY "OZARKSGO PARTIES") WILL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS IN CONNECTION WITH THE SERVICE AND THE EQUIPMENT RESULTING FROM: (I) AVAILABILITY OR QUALITY WITHIN THE COVERAGE AREA REGARDLESS OF THE CAUSE(S) OF THE PROBLEM; (II) OTHER USERS ACCESSING SUBSCRIBER DEVICE; (III) VARIATIONS IN THE SPEED OR BANDWIDTH AVAILABILITY TO EACH DEVICE CONNECTED TO THE OZARKSGO NETWORK; (IV) SECURITY BREACHES; (V) EAVESDROPPING; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; (VI) SUBSCRIBER’S RELIANCE ON OR USE OF THE SERVICE; (VII) INTERRUPTIONS (INCLUDING DUE TO MAINTENANCE), DELETION OF FILES, ERRORS, OR DEFECTS REGARDLESS OF WHETHER SUBSCRIBER’S DATA IS MAINTAINED ON THE OZARKSGO SERVERS OR SUBSCRIBER DEVICE(S); (VIII) DELAYS IN OPERATION, TRANSMISSIONS, CORRUPTION OF DATA, INVALID DESTINATIONS OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; (IX) USE OF THE SERVICE BY SUBSCRIBER OR A THIRD PARTY THAT INFRINGES A THIRD PARTY'S COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OTHER INTELLECTUAL PROPERTY, PROPRIETARY, OR CONTRACTUAL RIGHTS; OR (X) ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY THIRD PARTY PRODUCTS, SERVICES OR INFORMATION OR THE MERCHANTABILITY OF SUCH ITEMS (INCLUDING ANY SUCH ITEMS OFFERED THROUGH CO-BRANDED WEB SITES LINKED FROM THE OZARKSGO WEB SITES).

THE OZARKSGO PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR (I) SUBSCRIBER FAILURE TO PROPERLY INSTALL, USE OR OPERATE THE EQUIPMENT OR (II) ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY OF SUBSCRIBER’S DEVICES, SOFTWARE, FILES, DATA, PERIPHERALS OR PROPERTY DUE TO SUBSCRIBER’S INSTALLATION, ATTEMPTED INSTALLATION, USE, REPAIR OR REMOVAL OF THE EQUIPMENT.

THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF THE OZARKSGO PARTIES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY OZARKSGO PARTY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. SUBSCRIBER’S EXCLUSIVE AND ONLY REMEDIES UNDER THE AGREEMENT ARE AS EXPRESSLY SET FORTH IN THE AGREEMENT.

THE CUMULATIVE LIABILITY OF ANY OZARKSGO PARTY TO SUBSCRIBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE AND THE EQUIPMENT WILL NOT EXCEED THE TOTAL AMOUNT OF SERVCE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.

NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, NO OZARKSGO PARTIES WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS.

SUBSCRIBER MAY HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

18. INDEMNIFICATION

Subscriber agrees to defend, indemnify and hold the OzarksGo Parties harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages including, but not limited to, direct, indirect and consequential damages, attorney's fees and expenses that an OzarkGo Party may sustain or incur by reason of Subscriber’s use or misuse of the Service or the equipment provided by OzarksGo for use of the Service, or such use or misuse by anyone else through Subscriber’s account including, but not limited to, by such use or misuse (i) in violation of applicable laws or regulations or the terms of the Agreement; (ii) in connection with any claims for infringement of any intellectual property rights arising from or in connection with such use or misuse; (iii) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible property (including data); or (iv) any claims of the owner of Subscriber’s premises in connection with the installation of the Service.

19. WAIVER AND PERFORMANCE

OzarksGo’s failure to require strict performance of any term of the Agreement will not be a waiver of OzarksGo’s right to require performance of any term or condition of the Agreement.

20. ELECTRONIC COMMUNICATIONS AND PHONE COMMUNICATIONS

Subscriber consents to receive notices, documents, disclosures and other communications from OzarksGo about Subscriber’s account or Service ("Communications") in an electronic format to Subscriber’s contact email address and agrees that the Communications provided to Subscriber by OzarksGo electronically will be deemed a writing. Subscriber agrees to regularly check his/her email account for Communications. If Subscriber does not want to receive Communications from OzarksGo electronically or if Subscriber withdraws Subscriber’s consents to receive such Communications electronically, then Subscriber must stop using the Service. The withdrawal of Subscriber’s consent will not affect the legal validity and enforceability of any electronic Communications provided or business transacted between OzarksGo and Subscriber prior to the time Subscriber withdraws Subscriber’s consent.

a) Phone Calling and Texting. In addition, Subscriber hereby agrees that Subscriber’s execution of the Agreement or use of the Service constitutes Subscriber’s express written consent to receive automated and manually dialed calls, text messages and pre-recorded messages at the phone number(s) that Subscriber provides OzarksGo in connection with the Service. Consent to receiving autodialed calls, text messages, and/or pre-recorded messages from OzarksGo is not required to purchase products or services from OzarksGo.

b) Changing Subscriber Contact Preferences. Subscriber may exercise Subscriber’s option to not receive any marketing communications from and/or automated or manually dialed calls, text messages and pre-recorded messages from OzarksGo by going to www.ozarksgo.net, or calling OzarksGo’s Customer Care Center, 479-684-4900. Subscriber may also text STOP in response to any text message from OzarksGo to stop receiving text messages from OzarksGo.

21. DISPUTE RESOLUTION BY BINDING ARBITRATION

OzarksGo and Subscriber agree to resolve all disputes and claims between OzarksGo (including OzarksGo’s Parties as defined herein) and Subscriber related to or associated with the Service through binding arbitration by the American Arbitration Association ("AAA"). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to all claims or disputes arising out of or relating to any to any aspect of the relationship between OzarksGo and Subscriber, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. It also includes all claims and disputes that arose before this or any prior agreement; claims that are currently the subject of purported class action litigation in which Subscriber is not a member of a certified class; and claims that may arise after the termination of this Agreement.

Notwithstanding the foregoing agreement, OzarksGo is not bound to use arbitration to initiate debt collection against Subscriber except in response to claims Subscriber may have made in arbitration. In addition, by agreeing to resolve disputes through arbitration, SUBSCRIBER AND OZARKSGO AGREE TO UNCONDTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AS A PLAINTIFF OR CLASS MEMBER.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). A Notice to OzarksGo should be addressed to:

OzarksGo Notice of Dispute
PO Box 1368
Fayetteville, AR 72702

A Notice must include the Subscriber’s name, account number, address, and telephone number, and must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). A Notice to Subscriber from OzarksGo will be addressed to the billing address that OzarksGo has on file for Subscriber.

If OzarksGo and Subscriber do not reach an agreement to resolve the claim within 45 days after the Notice is received, Subscriber or OzarksGo may commence an arbitration proceeding. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the AAA, as modified by this Agreement, and will be administered by the AAA or as mutually agreed to, in writing, by the Subscriber and OzarksGo.

The arbitrator is bound by the terms of the Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless OzarksGo and Subscriber agree otherwise, any arbitration hearings will take place in Washington County, Arkansas. The right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

22. JURISDICTION

The Agreement is governed by Arkansas law without regard to conflict of law provisions. To the extent any suit is filed related to this Agreement, the federal and state courts located in Arkansas alone have jurisdiction over all disputes arising out of or related to the Agreement and the Service. Subscriber consents to the personal jurisdiction of such courts sitting in Arkansas with respect to such matters, and waives Subscriber’s rights to removal.

23. NO THIRD-PARTY RIGHTS

The Agreement is made solely for the benefit of the Subscriber and OzarksGo and does not, and will not, be construed to grant any rights or remedies to any other person or entity other than expressly provided for in the Agreement.

24. MISCELLANEOUS

The Agreement constitutes the entire agreement between Subscriber and OzarksGo with respect to Subscriber’s use of the Service. Subscriber may not assign any rights or delegate any duties under the Agreement without the prior written consent of OzarksGo, and any attempted assignment or delegation without such consent will be void. If one or more provisions of this Agreement are held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired thereby. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration provision in Section 20; if that prohibition is found to be unenforceable, the entire DISPUTE RESOLUTION BY BINDING ARBITRATION provision (but only the DISPUTE RESOLUTION BY BINDING ARBITRATION provision) will be null and void and the dispute will be heard by a court. OzarksGo may amend or replace such unenforceable provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of OzarksGo as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties confers upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. OzarksGo will not be liable for delays, damages or failures in performance because of causes beyond its reasonable control, including, but not limited to, acts of a government in its sovereign capacity, acts of war, terrorism, acts of a public enemy, fires, earthquakes, acts of God, labor disputes, strikes, work slow-downs or other labor-related activity.

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Version date June 2017

 


Global Terms and Conditions

1. INTRODUCTION

This document, Global Terms and Conditions (“GTC”), constitutes part of, is incorporated into, and should be read in conjunction with the Fiber Optic Service Agreement (“Agreement”) applicable to access to OzarksGo, LLC’s (“OzarksGo”) fiber optic network (“Service”) requested by an individual or entity (“Subscriber”). READ THE AGREEMENT CAREFULLY. ALL OF THESE TERMS AFFECT SUBSCRIBER’S LEGAL RIGHTS BY, AMONG OTHER THINGS, LIMITING OZARKGO’S LIABILITY AND REQUIRING MANDATORY ARBITRATION OF DISPUTES

2. AGREEMENT

Subscriber agrees to be bound by the Agreement and to use the Service in compliance with the Agreement.  If Subscriber does not agree to all the terms and conditions of the Agreement, including any future revisions, Subscriber shall not use the Service and must cancel Service immediately.  Certain provisions of the Agreement will survive cancellation or termination.

3. OZARKSGO’S RIGHT TO MAKE CHANGES

OzarksGo may, in its sole discretion, change, modify, add or remove (collectively “Revisions”) portions of this GTC, including the Acceptable Use Policy referenced herein (“AUP”), at any time.  OzarksGo shall give Subscriber notice of any Revisions that OzarkGo determines, in its sole discretion, to be material to Subscriber’s Service or the Agreement, and shall be deemed given when: (a) transmitted to Subscriber’s email address; or (b) mailed as a letter, bill message, bill insert, postcard or other notice via the US mail to Subscriber’s last known address; or (c) delivered by hand to Subscriber.  All Revisions shall be posted on OzarkGo’s website at www.ozarksgo.net/terms. The revised GTC or AUP will be effective immediately upon notice of the Revisions being mailed, emailed, or hand delivered.  Any revised GTC or AUP will supersede any prior version of same.  Subscriber's continued use of the Service following such notice shall be deemed as Subscriber's acceptance of any Revisions. If Subscriber does not agree to the Revisions, Subscriber only recourse will be to cancel Service as set forth within the Agreement.  Subscriber may not modify the Agreement, this GTC or the AUP by making any typed, handwritten, or other changes to same for any purposes.

4. SUBSCRIPTION

Subscriber must be at least 18 years of age, and have legal authority to enter into the Agreement. Subscriber represents that all information provide during the subscription process is accurate and complete and that Subscriber will update such information with OzarksGo should any such information change.

5. PRICING

Current installation prices and monthly fees for each Level of Service offered by OzarksGo are posted on OzarksGo’s website at www.ozarksgo.net. After a Subscriber has satisfied the initial 12 month minimum term, OzarksGo reserves the right to change prices and institute new fees at the beginning of each month-to-month calendar period. If Subscriber does not agree with any changes in prices or new fees, Subscriber may cancel Service in compliance with the Agreement. Any upgrades to existing service may incur additional installation charges.

6. PAYMENT OBLIGATIONS OF SUBSCRIBER

Subscriber’s installation fee shall be paid the earliest of the due date as set by OzarksGo or the date Service is made available. The monthly Service fee will begin upon the date Service is made available. Service is offered and billed in full calendar month increments. Excepting the first month of service, which will be pro-rated, no refunds will be given for partial months of Service. Subscriber is responsible for all charges to Subscriber’s account. All charges are considered valid unless disputed in writing within 30 days of the billing date. Adjustments will not be made for charges that are more than 45 days old.  Default in payment, including failure to timely pay may, at OzarksGo’s sole discretion, result in late fees or disconnection of the Service, or both.

7. EQUIPMENT

Depending on Level of Service available to and selected by Subscriber, certain equipment will be required for Service.  This equipment may include an Optical Network Terminal, in-home fiber cable, DVR set-top box, non-DVR set-top box, wi-fi extender, gigabit switch, power strip, battery back-up unit, and remote controls (the “Equipment”).  OzarksGo will provide Subscriber with the Equipment, which shall at all times remain the property of OzarksGo, shall not be tampered with, and upon termination or cancellation of Service shall be returned to OzarksGo in the same condition as existed at the time of delivery, reasonable wear and tear excepted, within ten days from the date of termination or cancellation.  All Equipment must be returned to an OzarksGo business address, which can be found on OzarksGo’s website, www.ozarksgo.net.  Failure to return the Equipment to OzarksGo within ten days will result in Subscriber being liable for and charged the cost of the Equipment.

8. CANCELLATION

Subscriber may cancel Service only as follows:
a) Telephone Cancellation: 479-684-4900.
b) Email: support@ozarksgo.net
c) Mail Cancellation:

OzarksGo Cancel Service
PO Box 1368
Fayetteville, AR 72702

Cancellation by email or mail must include the Subscriber’s name, account number, address, telephone number, and date of desired cancellation.

9. AUTHORIZED USER

Subscriber and members of Subscriber’s household, including guests of Subscriber, are the only authorized users of the Service and must comply with the Agreement. Subscriber may not sell, transfer, lease, encumber or assign all or part of the Service. If Subscriber installs a wireless router, no one outside of Subscriber’s household may access the Service through Subscriber’s account. Subscriber is responsible for all traffic coming into or from Subscriber’s account even if it is an unauthorized user. Subscriber shall assure that any use of the Service complies with all applicable laws, regulations and rules. This limitation on authorized users includes, but is not limited to, hosting applications such as the provision of e‐mail, FTP, HTTP, VoIP, and Telnet access. Although resale of such services is prohibited, a business rate plan allows for the hosting of these services for the business’s own purpose (e.g., employee email, basic business website for marketing).

10. INSTALLATION

Installation of the Service means that Service has been made available to Subscriber, which, depending on the Level of Service available to and selected by Subscriber, may include access to a data, voice, or video connection. OzarksGo cannot guarantee that the Service can be provisioned to a specific location. OzarksGo may, in its sole discretion, accept or reject any potential Subscriber. Because of the complex nature of the Service, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. Where, after installation has begun for a Subscriber, it is learned that Service is not reasonably possible, OzarksGo will cancel the installation process and refund any money Subscriber paid for installation.

11. ACCESS TO SUBSCRIBER’S PREMISES

Subscriber shall allow OzarksGo and its agents the right to enter Subscriber’s real property and premises at reasonable times, for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Service and Equipment. Subscriber shall allow OzarksGo use of Subscriber’s real property to extend Service to adjacent subscribers. When reasonably possible, all service extensions will follow any existing utility easements. Subscriber warrants that Subscriber is either the owner of the real property and premises or has the authority to grant OzarksGo access to same.

12. CREDIT INQUIRIES

Subscriber authorizes OzarksGo to make inquiries and to receive information about Subscriber’s credit experience from others, to enter such information into Subscriber’s file, and to disclose such information to appropriate third parties for reasonable business purposes. Subscriber further authorizes and consents to OzarksGo reporting any late payment or non-payment of any Service Fees by Subscriber to credit grantors or credit reporting agencies.

13. OZARKSGO’S USE OF EQUIPMENT

Subscriber agrees and understands OzarksGo may utilize the Equipment provided by OzarksGo to the Subscriber to extend coverage of the fiber optic network for OzarksGo’s or other subscribers’ use. Such use will utilize an account and network independent of the Subscriber’s Service and will not impede or restrict Subscriber’s Service.

14. GENERAL RESTRICTIONS ON THE SERVICE

The Service speeds and quality identified in OzarksGo’s marketing materials and other communications reflect Service speed and quality capability and are dependent upon the Level of Service selected and available. The high-end of the speed or quality range for Service represents the potential wired maximum speed and quality capability for a Level of Service, but is not a statement or guarantee of the maximum speed or quality Subscriber will receive. OzarksGo may contract with third parties to provide portions of the Service.

15. MONITORING THE SERVICE

OzarksGo has no obligation to monitor the Service, but may do so and disclose information regarding use of the Service for any reason if OzarksGo, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its Subscribers. OzarksGo may immediately remove Subscriber material or information from OzarksGo servers, in whole or in part, which OzarksGo, in its sole and absolute discretion, determines to infringe another’s property rights or to violate the Agreement.

16. ACCEPTABLE USE OF THE SERVICE

Subscriber shall not use or to allow others to use the Service for illegal or inappropriate activities, including but not limited to: invading another person’s privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content that is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable. OzarksGo has no responsibility for the accuracy, completeness, value or usefulness of any content, advice or opinions contained in any emails, third party web sites, message boards, chat rooms, social networks or online services. The internet may contain material that is unsuitable for minors, and Subscriber agrees to supervise and to accept sole responsibility and liability for any use of the Service by minors through Subscriber’s account. Subscriber shall comply with OzarksGo’s AUP, which OzarksGo may modify at any time. The current AUP is available for review at the following address, subject to change: www.ozarksgo.net/AUP. OzarksGo may take any legal and technical remedies to enforce or prevent the violation of the AUP.

17. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY

THE SERVICE AND THE EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OZARKSGO AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OF THE SERVICE, THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OZARKSGO AND ITS SUPPLIERS MAKE NO EXPRESS WARRANTIES REGARDING THE SERVICE AND THE EQUIPMENT AND DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

OZARKSGO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND VENDORS (COLLECTIVELY "OZARKSGO PARTIES") WILL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS IN CONNECTION WITH THE SERVICE AND THE EQUIPMENT RESULTING FROM: (I) AVAILABILITY OR QUALITY WITHIN THE COVERAGE AREA REGARDLESS OF THE CAUSE(S) OF THE PROBLEM; (II) OTHER USERS ACCESSING SUBSCRIBER DEVICE; (III) VARIATIONS IN THE SPEED OR BANDWIDTH AVAILABILITY TO EACH DEVICE CONNECTED TO THE OZARKSGO NETWORK; (IV) SECURITY BREACHES; (V) EAVESDROPPING; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; (VI) SUBSCRIBER’S RELIANCE ON OR USE OF THE SERVICE; (VII) INTERRUPTIONS (INCLUDING DUE TO MAINTENANCE), DELETION OF FILES, ERRORS, OR DEFECTS REGARDLESS OF WHETHER SUBSCRIBER’S DATA IS MAINTAINED ON THE OZARKSGO SERVERS OR SUBSCRIBER DEVICE(S); (VIII) DELAYS IN OPERATION, TRANSMISSIONS, CORRUPTION OF DATA, INVALID DESTINATIONS OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; (IX) USE OF THE SERVICE BY SUBSCRIBER OR A THIRD PARTY THAT INFRINGES A THIRD PARTY'S COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OTHER INTELLECTUAL PROPERTY, PROPRIETARY, OR CONTRACTUAL RIGHTS; OR (X) ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY THIRD PARTY PRODUCTS, SERVICES OR INFORMATION OR THE MERCHANTABILITY OF SUCH ITEMS (INCLUDING ANY SUCH ITEMS OFFERED THROUGH CO-BRANDED WEB SITES LINKED FROM THE OZARKSGO WEB SITES).

THE OZARKSGO PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR (I) SUBSCRIBER FAILURE TO PROPERLY INSTALL, USE OR OPERATE THE EQUIPMENT OR (II) ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY OF SUBSCRIBER’S DEVICES, SOFTWARE, FILES, DATA, PERIPHERALS OR PROPERTY DUE TO SUBSCRIBER’S INSTALLATION, ATTEMPTED INSTALLATION, USE, REPAIR OR REMOVAL OF THE EQUIPMENT.

THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF THE OZARKSGO PARTIES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY OZARKSGO PARTY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. SUBSCRIBER’S EXCLUSIVE AND ONLY REMEDIES UNDER THE AGREEMENT ARE AS EXPRESSLY SET FORTH IN THE AGREEMENT.

THE CUMULATIVE LIABILITY OF ANY OZARKSGO PARTY TO SUBSCRIBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE AND THE EQUIPMENT WILL NOT EXCEED THE TOTAL AMOUNT OF SERVCE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.

NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, NO OZARKSGO PARTIES WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS.

SUBSCRIBER MAY HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

18. INDEMNIFICATION

Subscriber agrees to defend, indemnify and hold the OzarksGo Parties harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages including, but not limited to, direct, indirect and consequential damages, attorney's fees and expenses that an OzarkGo Party may sustain or incur by reason of Subscriber’s use or misuse of the Service or the equipment provided by OzarksGo for use of the Service, or such use or misuse by anyone else through Subscriber’s account including, but not limited to, by such use or misuse (i) in violation of applicable laws or regulations or the terms of the Agreement; (ii) in connection with any claims for infringement of any intellectual property rights arising from or in connection with such use or misuse; (iii) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible property (including data); or (iv) any claims of the owner of Subscriber’s premises in connection with the installation of the Service.

19. WAIVER AND PERFORMANCE

OzarksGo’s failure to require strict performance of any term of the Agreement will not be a waiver of OzarksGo’s right to require performance of any term or condition of the Agreement.

20. ELECTRONIC COMMUNICATIONS AND PHONE COMMUNICATIONS

Subscriber consents to receive notices, documents, disclosures and other communications from OzarksGo about Subscriber’s account or Service ("Communications") in an electronic format to Subscriber’s contact email address and agrees that the Communications provided to Subscriber by OzarksGo electronically will be deemed a writing. Subscriber agrees to regularly check his/her email account for Communications. If Subscriber does not want to receive Communications from OzarksGo electronically or if Subscriber withdraws Subscriber’s consents to receive such Communications electronically, then Subscriber must stop using the Service. The withdrawal of Subscriber’s consent will not affect the legal validity and enforceability of any electronic Communications provided or business transacted between OzarksGo and Subscriber prior to the time Subscriber withdraws Subscriber’s consent.

a) Phone Calling and Texting. In addition, Subscriber hereby agrees that Subscriber’s execution of the Agreement or use of the Service constitutes Subscriber’s express written consent to receive automated and manually dialed calls, text messages and pre-recorded messages at the phone number(s) that Subscriber provides OzarksGo in connection with the Service. Consent to receiving autodialed calls, text messages, and/or pre-recorded messages from OzarksGo is not required to purchase products or services from OzarksGo.

b) Changing Subscriber Contact Preferences. Subscriber may exercise Subscriber’s option to not receive any marketing communications from and/or automated or manually dialed calls, text messages and pre-recorded messages from OzarksGo by going to www.ozarksgo.net, or calling OzarksGo’s Customer Care Center, 479-684-4900. Subscriber may also text STOP in response to any text message from OzarksGo to stop receiving text messages from OzarksGo.

21. DISPUTE RESOLUTION BY BINDING ARBITRATION

OzarksGo and Subscriber agree to resolve all disputes and claims between OzarksGo (including OzarksGo’s Parties as defined herein) and Subscriber related to or associated with the Service through binding arbitration by the American Arbitration Association ("AAA"). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to all claims or disputes arising out of or relating to any to any aspect of the relationship between OzarksGo and Subscriber, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. It also includes all claims and disputes that arose before this or any prior agreement; claims that are currently the subject of purported class action litigation in which Subscriber is not a member of a certified class; and claims that may arise after the termination of this Agreement.

Notwithstanding the foregoing agreement, OzarksGo is not bound to use arbitration to initiate debt collection against Subscriber except in response to claims Subscriber may have made in arbitration. In addition, by agreeing to resolve disputes through arbitration, SUBSCRIBER AND OZARKSGO AGREE TO UNCONDTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AS A PLAINTIFF OR CLASS MEMBER.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). A Notice to OzarksGo should be addressed to:

OzarksGo Notice of Dispute
PO Box 1368
Fayetteville, AR 72702

A Notice must include the Subscriber’s name, account number, address, and telephone number, and must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). A Notice to Subscriber from OzarksGo will be addressed to the billing address that OzarksGo has on file for Subscriber.

If OzarksGo and Subscriber do not reach an agreement to resolve the claim within 45 days after the Notice is received, Subscriber or OzarksGo may commence an arbitration proceeding. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the AAA, as modified by this Agreement, and will be administered by the AAA or as mutually agreed to, in writing, by the Subscriber and OzarksGo.

The arbitrator is bound by the terms of the Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless OzarksGo and Subscriber agree otherwise, any arbitration hearings will take place in Washington County, Arkansas. The right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

22. JURISDICTION

The Agreement is governed by Arkansas law without regard to conflict of law provisions. To the extent any suit is filed related to this Agreement, the federal and state courts located in Arkansas alone have jurisdiction over all disputes arising out of or related to the Agreement and the Service. Subscriber consents to the personal jurisdiction of such courts sitting in Arkansas with respect to such matters, and waives Subscriber’s rights to removal.

23. NO THIRD-PARTY RIGHTS

The Agreement is made solely for the benefit of the Subscriber and OzarksGo and does not, and will not, be construed to grant any rights or remedies to any other person or entity other than expressly provided for in the Agreement.

24. MISCELLANEOUS

The Agreement constitutes the entire agreement between Subscriber and OzarksGo with respect to Subscriber’s use of the Service. Subscriber may not assign any rights or delegate any duties under the Agreement without the prior written consent of OzarksGo, and any attempted assignment or delegation without such consent will be void. If one or more provisions of this Agreement are held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired thereby. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration provision in Section 20; if that prohibition is found to be unenforceable, the entire DISPUTE RESOLUTION BY BINDING ARBITRATION provision (but only the DISPUTE RESOLUTION BY BINDING ARBITRATION provision) will be null and void and the dispute will be heard by a court. OzarksGo may amend or replace such unenforceable provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of OzarksGo as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties confers upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. OzarksGo will not be liable for delays, damages or failures in performance because of causes beyond its reasonable control, including, but not limited to, acts of a government in its sovereign capacity, acts of war, terrorism, acts of a public enemy, fires, earthquakes, acts of God, labor disputes, strikes, work slow-downs or other labor-related activity.

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Version date June 2017

 


Global Terms and Conditions

1. INTRODUCTION

This document, Global Terms and Conditions (“GTC”), constitutes part of, is incorporated into, and should be read in conjunction with the Fiber Optic Service Agreement (“Agreement”) applicable to access to OzarksGo, LLC’s (“OzarksGo”) fiber optic network (“Service”) requested by an individual or entity (“Subscriber”). READ THE AGREEMENT CAREFULLY. ALL OF THESE TERMS AFFECT SUBSCRIBER’S LEGAL RIGHTS BY, AMONG OTHER THINGS, LIMITING OZARKGO’S LIABILITY AND REQUIRING MANDATORY ARBITRATION OF DISPUTES

2. AGREEMENT

Subscriber agrees to be bound by the Agreement and to use the Service in compliance with the Agreement.  If Subscriber does not agree to all the terms and conditions of the Agreement, including any future revisions, Subscriber shall not use the Service and must cancel Service immediately.  Certain provisions of the Agreement will survive cancellation or termination.

3. OZARKSGO’S RIGHT TO MAKE CHANGES

OzarksGo may, in its sole discretion, change, modify, add or remove (collectively “Revisions”) portions of this GTC, including the Acceptable Use Policy referenced herein (“AUP”), at any time.  OzarksGo shall give Subscriber notice of any Revisions that OzarkGo determines, in its sole discretion, to be material to Subscriber’s Service or the Agreement, and shall be deemed given when: (a) transmitted to Subscriber’s email address; or (b) mailed as a letter, bill message, bill insert, postcard or other notice via the US mail to Subscriber’s last known address; or (c) delivered by hand to Subscriber.  All Revisions shall be posted on OzarkGo’s website at www.ozarksgo.net/terms. The revised GTC or AUP will be effective immediately upon notice of the Revisions being mailed, emailed, or hand delivered.  Any revised GTC or AUP will supersede any prior version of same.  Subscriber's continued use of the Service following such notice shall be deemed as Subscriber's acceptance of any Revisions. If Subscriber does not agree to the Revisions, Subscriber only recourse will be to cancel Service as set forth within the Agreement.  Subscriber may not modify the Agreement, this GTC or the AUP by making any typed, handwritten, or other changes to same for any purposes.

4. SUBSCRIPTION

Subscriber must be at least 18 years of age, and have legal authority to enter into the Agreement. Subscriber represents that all information provide during the subscription process is accurate and complete and that Subscriber will update such information with OzarksGo should any such information change.

5. PRICING

Current installation prices and monthly fees for each Level of Service offered by OzarksGo are posted on OzarksGo’s website at www.ozarksgo.net. After a Subscriber has satisfied the initial 12 month minimum term, OzarksGo reserves the right to change prices and institute new fees at the beginning of each month-to-month calendar period. If Subscriber does not agree with any changes in prices or new fees, Subscriber may cancel Service in compliance with the Agreement. Any upgrades to existing service may incur additional installation charges.

6. PAYMENT OBLIGATIONS OF SUBSCRIBER

Subscriber’s installation fee shall be paid the earliest of the due date as set by OzarksGo or the date Service is made available. The monthly Service fee will begin upon the date Service is made available. Service is offered and billed in full calendar month increments. Excepting the first month of service, which will be pro-rated, no refunds will be given for partial months of Service. Subscriber is responsible for all charges to Subscriber’s account. All charges are considered valid unless disputed in writing within 30 days of the billing date. Adjustments will not be made for charges that are more than 45 days old.  Default in payment, including failure to timely pay may, at OzarksGo’s sole discretion, result in late fees or disconnection of the Service, or both.

7. EQUIPMENT

Depending on Level of Service available to and selected by Subscriber, certain equipment will be required for Service.  This equipment may include an Optical Network Terminal, in-home fiber cable, DVR set-top box, non-DVR set-top box, wi-fi extender, gigabit switch, power strip, battery back-up unit, and remote controls (the “Equipment”).  OzarksGo will provide Subscriber with the Equipment, which shall at all times remain the property of OzarksGo, shall not be tampered with, and upon termination or cancellation of Service shall be returned to OzarksGo in the same condition as existed at the time of delivery, reasonable wear and tear excepted, within ten days from the date of termination or cancellation.  All Equipment must be returned to an OzarksGo business address, which can be found on OzarksGo’s website, www.ozarksgo.net.  Failure to return the Equipment to OzarksGo within ten days will result in Subscriber being liable for and charged the cost of the Equipment.

8. CANCELLATION

Subscriber may cancel Service only as follows:
a) Telephone Cancellation: 479-684-4900.
b) Email: support@ozarksgo.net
c) Mail Cancellation:

OzarksGo Cancel Service
PO Box 1368
Fayetteville, AR 72702

Cancellation by email or mail must include the Subscriber’s name, account number, address, telephone number, and date of desired cancellation.

9. AUTHORIZED USER

Subscriber and members of Subscriber’s household, including guests of Subscriber, are the only authorized users of the Service and must comply with the Agreement. Subscriber may not sell, transfer, lease, encumber or assign all or part of the Service. If Subscriber installs a wireless router, no one outside of Subscriber’s household may access the Service through Subscriber’s account. Subscriber is responsible for all traffic coming into or from Subscriber’s account even if it is an unauthorized user. Subscriber shall assure that any use of the Service complies with all applicable laws, regulations and rules. This limitation on authorized users includes, but is not limited to, hosting applications such as the provision of e‐mail, FTP, HTTP, VoIP, and Telnet access. Although resale of such services is prohibited, a business rate plan allows for the hosting of these services for the business’s own purpose (e.g., employee email, basic business website for marketing).

10. INSTALLATION

Installation of the Service means that Service has been made available to Subscriber, which, depending on the Level of Service available to and selected by Subscriber, may include access to a data, voice, or video connection. OzarksGo cannot guarantee that the Service can be provisioned to a specific location. OzarksGo may, in its sole discretion, accept or reject any potential Subscriber. Because of the complex nature of the Service, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. Where, after installation has begun for a Subscriber, it is learned that Service is not reasonably possible, OzarksGo will cancel the installation process and refund any money Subscriber paid for installation.

11. ACCESS TO SUBSCRIBER’S PREMISES

Subscriber shall allow OzarksGo and its agents the right to enter Subscriber’s real property and premises at reasonable times, for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Service and Equipment. Subscriber shall allow OzarksGo use of Subscriber’s real property to extend Service to adjacent subscribers. When reasonably possible, all service extensions will follow any existing utility easements. Subscriber warrants that Subscriber is either the owner of the real property and premises or has the authority to grant OzarksGo access to same.

12. CREDIT INQUIRIES

Subscriber authorizes OzarksGo to make inquiries and to receive information about Subscriber’s credit experience from others, to enter such information into Subscriber’s file, and to disclose such information to appropriate third parties for reasonable business purposes. Subscriber further authorizes and consents to OzarksGo reporting any late payment or non-payment of any Service Fees by Subscriber to credit grantors or credit reporting agencies.

13. OZARKSGO’S USE OF EQUIPMENT

Subscriber agrees and understands OzarksGo may utilize the Equipment provided by OzarksGo to the Subscriber to extend coverage of the fiber optic network for OzarksGo’s or other subscribers’ use. Such use will utilize an account and network independent of the Subscriber’s Service and will not impede or restrict Subscriber’s Service.

14. GENERAL RESTRICTIONS ON THE SERVICE

The Service speeds and quality identified in OzarksGo’s marketing materials and other communications reflect Service speed and quality capability and are dependent upon the Level of Service selected and available. The high-end of the speed or quality range for Service represents the potential wired maximum speed and quality capability for a Level of Service, but is not a statement or guarantee of the maximum speed or quality Subscriber will receive. OzarksGo may contract with third parties to provide portions of the Service.

15. MONITORING THE SERVICE

OzarksGo has no obligation to monitor the Service, but may do so and disclose information regarding use of the Service for any reason if OzarksGo, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its Subscribers. OzarksGo may immediately remove Subscriber material or information from OzarksGo servers, in whole or in part, which OzarksGo, in its sole and absolute discretion, determines to infringe another’s property rights or to violate the Agreement.

16. ACCEPTABLE USE OF THE SERVICE

Subscriber shall not use or to allow others to use the Service for illegal or inappropriate activities, including but not limited to: invading another person’s privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content that is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable. OzarksGo has no responsibility for the accuracy, completeness, value or usefulness of any content, advice or opinions contained in any emails, third party web sites, message boards, chat rooms, social networks or online services. The internet may contain material that is unsuitable for minors, and Subscriber agrees to supervise and to accept sole responsibility and liability for any use of the Service by minors through Subscriber’s account. Subscriber shall comply with OzarksGo’s AUP, which OzarksGo may modify at any time. The current AUP is available for review at the following address, subject to change: www.ozarksgo.net/AUP. OzarksGo may take any legal and technical remedies to enforce or prevent the violation of the AUP.

17. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY

THE SERVICE AND THE EQUIPMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OZARKSGO AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OF THE SERVICE, THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OZARKSGO AND ITS SUPPLIERS MAKE NO EXPRESS WARRANTIES REGARDING THE SERVICE AND THE EQUIPMENT AND WAIVE ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

OZARKSGO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND VENDORS (COLLECTIVELY "OZARKSGO PARTIES") WILL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS IN CONNECTION WITH THE SERVICE AND THE EQUIPMENT RESULTING FROM: (I) AVAILABILITY OR QUALITY WITHIN THE COVERAGE AREA REGARDLESS OF THE CAUSE(S) OF THE PROBLEM; (II) OTHER USERS ACCESSING SUBSCRIBER DEVICE; (III) VARIATIONS IN THE SPEED OR BANDWIDTH AVAILABILITY TO EACH DEVICE CONNECTED TO THE OZARKSGO NETWORK; (IV) SECURITY BREACHES; (V) EAVESDROPPING; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; (VI) SUBSCRIBER’S RELIANCE ON OR USE OF THE SERVICE; (VII) INTERRUPTIONS (INCLUDING DUE TO MAINTENANCE), DELETION OF FILES, ERRORS, OR DEFECTS REGARDLESS OF WHETHER SUBSCRIBER’S DATA IS MAINTAINED ON THE OZARKSGO SERVERS OR SUBSCRIBER DEVICE(S); (VIII) DELAYS IN OPERATION, TRANSMISSIONS, CORRUPTION OF DATA, INVALID DESTINATIONS OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; (IX) USE OF THE SERVICE BY SUBSCRIBER OR A THIRD PARTY THAT INFRINGES A THIRD PARTY'S COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OTHER INTELLECTUAL PROPERTY, PROPRIETARY, OR CONTRACTUAL RIGHTS; OR (X) ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY THIRD PARTY PRODUCTS, SERVICES OR INFORMATION OR THE MERCHANTABILITY OF SUCH ITEMS (INCLUDING ANY SUCH ITEMS OFFERED THROUGH CO-BRANDED WEB SITES LINKED FROM THE OZARKSGO WEB SITES).

THE OZARKSGO PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR (I) SUBSCRIBER FAILURE TO PROPERLY INSTALL, USE OR OPERATE THE EQUIPMENT OR (II) ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY OF SUBSCRIBER’S DEVICES, SOFTWARE, FILES, DATA, PERIPHERALS OR PROPERTY DUE TO SUBSCRIBER’S INSTALLATION, ATTEMPTED INSTALLATION, USE, REPAIR OR REMOVAL OF THE EQUIPMENT.

THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF THE OZARKSGO PARTIES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY OZARKSGO PARTY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. SUBSCRIBER’S EXCLUSIVE AND ONLY REMEDIES UNDER THE AGREEMENT ARE AS EXPRESSLY SET FORTH IN THE AGREEMENT.

THE CUMULATIVE LIABILITY OF ANY OZARKSGO PARTY TO SUBSCRIBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE AND THE EQUIPMENT WILL NOT EXCEED THE TOTAL AMOUNT OF SERVCE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.

NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, NO OZARKSGO PARTIES WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF BUSINESS.

SUBSCRIBER MAY HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

18. INDEMNIFICATION

Subscriber agrees to defend, indemnify and hold the OzarksGo Parties harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages including, but not limited to, direct, indirect and consequential damages, attorney's fees and expenses that an OzarkGo Party may sustain or incur by reason of Subscriber’s use or misuse of the Service or the equipment provided by OzarksGo for use of the Service, or such use or misuse by anyone else through Subscriber’s account including, but not limited to, by such use or misuse (i) in violation of applicable laws or regulations or the terms of the Agreement; (ii) in connection with any claims for infringement of any intellectual property rights arising from or in connection with such use or misuse; (iii) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible property (including data); or (iv) any claims of the owner of Subscriber’s premises in connection with the installation of the Service.

19. WAIVER AND PERFORMANCE

OzarksGo’s failure to require strict performance of any term of the Agreement will not be a waiver of OzarksGo’s right to require performance of any term or condition of the Agreement.

20. ELECTRONIC COMMUNICATIONS AND PHONE COMMUNICATIONS

Subscriber consents to receive notices, documents, disclosures and other communications from OzarksGo about Subscriber’s account or Service ("Communications") in an electronic format to Subscriber’s contact email address and agrees that the Communications provided to Subscriber by OzarksGo electronically will be deemed a writing. Subscriber agrees to regularly check his/her email account for Communications. If Subscriber does not want to receive Communications from OzarksGo electronically or if Subscriber withdraws Subscriber’s consents to receive such Communications electronically, then Subscriber must stop using the Service. The withdrawal of Subscriber’s consent will not affect the legal validity and enforceability of any electronic Communications provided or business transacted between OzarksGo and Subscriber prior to the time Subscriber withdraws Subscriber’s consent.

a) Phone Calling and Texting. In addition, Subscriber hereby agrees that Subscriber’s execution of the Agreement or use of the Service constitutes Subscriber’s express written consent to receive automated and manually dialed calls, text messages and pre-recorded messages at the phone number(s) that Subscriber provides OzarksGo in connection with the Service. Consent to receiving autodialed calls, text messages, and/or pre-recorded messages from OzarksGo is not required to purchase products or services from OzarksGo.

b) Changing Subscriber Contact Preferences. Subscriber may exercise Subscriber’s option to not receive any marketing communications from and/or automated or manually dialed calls, text messages and pre-recorded messages from OzarksGo by going to www.ozarksgo.net, or calling OzarksGo’s Customer Care Center, 479-684-4900. Subscriber may also text STOP in response to any text message from OzarksGo to stop receiving text messages from OzarksGo.

21. DISPUTE RESOLUTION BY BINDING ARBITRATION

OzarksGo and Subscriber agree to resolve all disputes and claims between OzarksGo (including OzarksGo’s Parties as defined herein) and Subscriber related to or associated with the Service through binding arbitration by the American Arbitration Association ("AAA"). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to all claims or disputes arising out of or relating to any to any aspect of the relationship between OzarksGo and Subscriber, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. It also includes all claims and disputes that arose before this or any prior agreement; claims that are currently the subject of purported class action litigation in which Subscriber is not a member of a certified class; and claims that may arise after the termination of this Agreement.

Notwithstanding the foregoing agreement, OzarksGo is not bound to use arbitration to initiate debt collection against Subscriber except in response to claims Subscriber may have made in arbitration. In addition, by agreeing to resolve disputes through arbitration, SUBSCRIBER AND OZARKSGO AGREE TO UNCONDTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AS A PLAINTIFF OR CLASS MEMBER.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). A Notice to OzarksGo should be addressed to:

OzarksGo Notice of Dispute
PO Box 1368
Fayetteville, AR 72702

A Notice must include the Subscriber’s name, account number, address, and telephone number, and must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). A Notice to Subscriber from OzarksGo will be addressed to the billing address that OzarksGo has on file for Subscriber.

If OzarksGo and Subscriber do not reach an agreement to resolve the claim within 45 days after the Notice is received, Subscriber or OzarksGo may commence an arbitration proceeding. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the AAA, as modified by this Agreement, and will be administered by the AAA or as mutually agreed to, in writing, by the Subscriber and OzarksGo.

The arbitrator is bound by the terms of the Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless OzarksGo and Subscriber agree otherwise, any arbitration hearings will take place in Washington County, Arkansas. The right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

The arbitrator's decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

22. JURISDICTION

The Agreement is governed by Arkansas law without regard to conflict of law provisions. To the extent any suit is filed related to this Agreement, the federal and state courts located in Arkansas alone have jurisdiction over all disputes arising out of or related to the Agreement and the Service. Subscriber consents to the personal jurisdiction of such courts sitting in Arkansas with respect to such matters, and waives Subscriber’s rights to removal.

23. NO THIRD-PARTY RIGHTS

The Agreement is made solely for the benefit of the Subscriber and OzarksGo and does not, and will not, be construed to grant any rights or remedies to any other person or entity other than expressly provided for in the Agreement.

24. MISCELLANEOUS

The Agreement constitutes the entire agreement between Subscriber and OzarksGo with respect to Subscriber’s use of the Service. Subscriber may not assign any rights or delegate any duties under the Agreement without the prior written consent of OzarksGo, and any attempted assignment or delegation without such consent will be void. If one or more provisions of this Agreement are held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired thereby. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration provision in Section 20; if that prohibition is found to be unenforceable, the entire DISPUTE RESOLUTION BY BINDING ARBITRATION provision (but only the DISPUTE RESOLUTION BY BINDING ARBITRATION provision) will be null and void and the dispute will be heard by a court. OzarksGo may amend or replace such unenforceable provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of OzarksGo as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties confers upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. OzarksGo will not be liable for delays, damages or failures in performance because of causes beyond its reasonable control, including, but not limited to, acts of a government in its sovereign capacity, acts of war, terrorism, acts of a public enemy, fires, earthquakes, acts of God, labor disputes, strikes, work slow-downs or other labor-related activity.

Download PDF
Version date June 2017

 


Acceptable Use Policy

1. INTRODUCTION

Subscriber’s access to OzarksGo’s fiber optic network (“Service”) is subject to the terms of this Acceptable Use Policy (“AUP”). This AUP constitutes part of, is incorporated into, and should be read in conjunction with the General Terms and Conditions, which is incorporate into the Fiber Optic Service Agreement (“Agreement”). If Subscriber does not agree to all the terms and conditions of the AUP, including any future revisions, Subscriber shall not use the Service and must terminate Service immediately.


2. PROHIBITED ACTS

The following are examples of uses of the Service that violate this AUP.

a) Abuse of e‐mail; Spamming. Mass e‐mailing and "mail‐bombing" (sending mass e‐mail or deliberately sending excessively large attachments to one recipient) are prohibited. Business‐class accounts may have different volume limitations and usage will be judged by type of account and the use. Forging e‐mail headers (transmission information) is prohibited. Using another computer, without authorization, to send e‐mail messages or to retransmit e‐mail messages for the purpose of misleading recipients as to the origin is prohibited. Use of e‐mail to harass or intimidate other users is prohibited. Violation of the CAN‐SPAM Act of 2003, or of any state or federal law regulating e‐mail, is a violation of this AUP and OzarksGo reserves the right to seek damages and other available relief against Subscriber or any third parties as applicable. For purposes of this AUP, such violations are determined by OzarksGo in its sole discretion.

b) Facilitating a Violation of this AUP. Subscriber is prohibited from advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate or facilitate a violation of this AUP and/or any law. This includes, but is not limited to, the facilitation of the means to spam, infringe on copyrights, and pirate software.

c) Illegal Activity; Tortious Conduct. Any use of the Service to violate any local, state or federal law or regulation also violates this AUP. Prohibited activities include, but are not limited to:

  • Transmitting any defamatory, libelous, fraudulent, deceptive, indecent, offensive or obscene materials;
  • Using the Service to deliver spyware, or secretly or deceptively obtain the personal information of third parties (e.g., phishing);
  • Intentionally spreading computer viruses;
  • Exporting software or technical information in violation of U.S. export control laws;
  • Gaining unauthorized access to private networks;
  • Engaging in the transmission of pirated software;
  • Unauthorized copying, distribution or display of copyrighted material;
  • Conducting or participating in illegal gambling;
  • Soliciting for illegal pyramid schemes through e‐mail or USENET postings;
  • Violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that Subscriber access through the Service;
  • Threatening, harassing, abusing, or intimidating others;
  • Engaging in activity, illegal or not, that OzarksGo determines in its sole discretion to be harmful to its subscribers, operations, or networks;
  • Making fraudulent offers of products, items or services; or
  • Creating or attempting to utilize a domain name that is defamatory, fraudulent, indecent, offensive, deceptive, threatening, abusive, harassing, or which damages the name or reputation of OzarksGo.

3. THIRD PARTY RULES

Subscriber may have access through the Service to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, social networking sites or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP. OzarksGo reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

4. NETWORK MANAGEMENT

As permitted by law, OzarksGo may establish appropriate limitations on bandwidth, data storage, or other aspects of the Service by amending this AUP. Subscribers must comply with all such limitations prescribed by OzarksGo.

5. NETWORK SECURITY 

It is Subscriber’s responsibility to ensure the security of Subscriber’s network and the equipment that connects to the Service. Subscriber is required to take all necessary steps to secure and manage the use of the Service in such a way to assure that network abuse and/or fraudulent activity is prevented. Violations of system or network security may result in criminal and/or civil liability. Failing to secure Subscriber’s system against abuse or fraudulent activity is a violation of this AUP. Subscriber is responsible for configuring and securing Subscriber’s network and the Service to prevent unauthorized access to Subscriber systems and OzarksGo’ fiber network. Subscriber is also responsible for any fraudulent activity that may occur due to Subscriber’s failure to secure Subscriber network and the Service. Subscriber will be responsible if unknown third parties utilize the Service at any time for the purpose of illegally distributing licensed software, engaging in abusive behavior or engaging in any type of fraudulent conduct. Subscriber may not, through action or inaction (e.g. failure to secure Subscriber network), allow others to use Subscriber’s network for illegal, fraudulent or inappropriate uses, or any other disruptive, provoking, or abusive behavior that is in violation of the AUP.

5. RESONSIBILITY FOR CONTENT 

Subscriber is responsible for any content Subscriber offers or receives through the Service.

6. PASSWORD SECURITY

If applicable, Subscriber’s password provides access to Subscriber’s individual account. It is Subscriber responsibility to keep the password secure. Subscriber is responsible for any and all access to or use of the Service through Subscriber’s account. Attempting to obtain another user's account password is prohibited.

7. REPORTING ACCEPTABLE USE ABUSE

Any party seeking to report a violation of this AUP may contact OzarksGo via e‐mail at abuse@ozarksgo.net.

8. REPORTING COPYRIGHT INFRINGEMENT

OzarksGo complies with the Online Copyright Infringement Liability Limitation Act of 1998. 17 USC 512 (“Act”). As required by the Act, OzarksGo has a policy that reserves its right to terminate Service to Subscribers who repeatedly infringe copyrights. If OzarksGo receives a determination that any Subscriber has infringed another’s copyright through the use of OzarksGo’s system or network, OzarksGo reserves the right to terminate Service to that Subscriber after receiving notice of any further copyright infringement by that Subscriber. OzarksGo accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.

Notices and counter‐notices related to claimed copyright infringements should be directed to the following designated agent: 

Mail: 
OzarksGo
Net Abuse
PO Box 1368
Fayetteville, AR 72702

Email: abuse@ozarksgo.net


Download PDF

Version date June 2017

 


Acceptable Use Policy

1. INTRODUCTION

Subscriber’s access to OzarksGo’s fiber optic network (“Service”) is subject to the terms of this Acceptable Use Policy (“AUP”). This AUP constitutes part of, is incorporated into, and should be read in conjunction with the General Terms and Conditions, which is incorporate into the Fiber Optic Service Agreement (“Agreement”). If Subscriber does not agree to all the terms and conditions of the AUP, including any future revisions, Subscriber shall not use the Service and must terminate Service immediately.


2. PROHIBITED ACTS

The following are examples of uses of the Service that violate this AUP.

a) Abuse of e‐mail; Spamming. Mass e‐mailing and "mail‐bombing" (sending mass e‐mail or deliberately sending excessively large attachments to one recipient) are prohibited. Business‐class accounts may have different volume limitations and usage will be judged by type of account and the use. Forging e‐mail headers (transmission information) is prohibited. Using another computer, without authorization, to send e‐mail messages or to retransmit e‐mail messages for the purpose of misleading recipients as to the origin is prohibited. Use of e‐mail to harass or intimidate other users is prohibited. Violation of the CAN‐SPAM Act of 2003, or of any state or federal law regulating e‐mail, is a violation of this AUP and OzarksGo reserves the right to seek damages and other available relief against Subscriber or any third parties as applicable. For purposes of this AUP, such violations are determined by OzarksGo in its sole discretion.

b) Facilitating a Violation of this AUP. Subscriber is prohibited from advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate or facilitate a violation of this AUP and/or any law. This includes, but is not limited to, the facilitation of the means to spam, infringe on copyrights, and pirate software.

c) Illegal Activity; Tortious Conduct. Any use of the Service to violate any local, state or federal law or regulation also violates this AUP. Prohibited activities include, but are not limited to:

  • Transmitting any defamatory, libelous, fraudulent, deceptive, indecent, offensive or obscene materials;
  • Using the Service to deliver spyware, or secretly or deceptively obtain the personal information of third parties (e.g., phishing);
  • Intentionally spreading computer viruses;
  • Exporting software or technical information in violation of U.S. export control laws;
  • Gaining unauthorized access to private networks;
  • Engaging in the transmission of pirated software;
  • Unauthorized copying, distribution or display of copyrighted material;
  • Conducting or participating in illegal gambling;
  • Soliciting for illegal pyramid schemes through e‐mail or USENET postings;
  • Violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that Subscriber access through the Service;
  • Threatening, harassing, abusing, or intimidating others;
  • Engaging in activity, illegal or not, that OzarksGo determines in its sole discretion to be harmful to its subscribers, operations, or networks;
  • Making fraudulent offers of products, items or services; or
  • Creating or attempting to utilize a domain name that is defamatory, fraudulent, indecent, offensive, deceptive, threatening, abusive, harassing, or which damages the name or reputation of OzarksGo.

3. THIRD PARTY RULES

Subscriber may have access through the Service to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, social networking sites or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP. OzarksGo reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

4. NETWORK MANAGEMENT

As permitted by law, OzarksGo may establish appropriate limitations on bandwidth, data storage, or other aspects of the Service by amending this AUP. Subscribers must comply with all such limitations prescribed by OzarksGo.

5. NETWORK SECURITY 

It is Subscriber’s responsibility to ensure the security of Subscriber’s network and the equipment that connects to the Service. Subscriber is required to take all necessary steps to secure and manage the use of the Service in such a way to assure that network abuse and/or fraudulent activity is prevented. Violations of system or network security may result in criminal and/or civil liability. Failing to secure Subscriber’s system against abuse or fraudulent activity is a violation of this AUP. Subscriber is responsible for configuring and securing Subscriber’s network and the Service to prevent unauthorized access to Subscriber systems and OzarksGo’ fiber network. Subscriber is also responsible for any fraudulent activity that may occur due to Subscriber’s failure to secure Subscriber network and the Service. Subscriber will be responsible if unknown third parties utilize the Service at any time for the purpose of illegally distributing licensed software, engaging in abusive behavior or engaging in any type of fraudulent conduct. Subscriber may not, through action or inaction (e.g. failure to secure Subscriber network), allow others to use Subscriber’s network for illegal, fraudulent or inappropriate uses, or any other disruptive, provoking, or abusive behavior that is in violation of the AUP.

5. RESONSIBILITY FOR CONTENT 

Subscriber is responsible for any content Subscriber offers or receives through the Service.

6. PASSWORD SECURITY

If applicable, Subscriber’s password provides access to Subscriber’s individual account. It is Subscriber responsibility to keep the password secure. Subscriber is responsible for any and all access to or use of the Service through Subscriber’s account. Attempting to obtain another user's account password is prohibited.

7. REPORTING ACCEPTABLE USE ABUSE

Any party seeking to report a violation of this AUP may contact OzarksGo via e‐mail at abuse@ozarksgo.net.

8. REPORTING COPYRIGHT INFRINGEMENT

OzarksGo complies with the Online Copyright Infringement Liability Limitation Act of 1998. 17 USC 512 (“Act”). As required by the Act, OzarksGo has a policy that reserves its right to terminate Service to Subscribers who repeatedly infringe copyrights. If OzarksGo receives a determination that any Subscriber has infringed another’s copyright through the use of OzarksGo’s system or network, OzarksGo reserves the right to terminate Service to that Subscriber after receiving notice of any further copyright infringement by that Subscriber. OzarksGo accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.

Notices and counter‐notices related to claimed copyright infringements should be directed to the following designated agent: 

Mail: 
OzarksGo
Net Abuse
PO Box 1368
Fayetteville, AR 72702

Email: abuse@ozarksgo.net


Download PDF

Version date June 2017

 


Acceptable Use Policy

1. INTRODUCTION

Subscriber’s access to OzarksGo’s fiber optic network (“Service”) is subject to the terms of this Acceptable Use Policy (“AUP”). This AUP constitutes part of, is incorporated into, and should be read in conjunction with the General Terms and Conditions, which is incorporate into the Fiber Optic Service Agreement (“Agreement”). If Subscriber does not agree to all the terms and conditions of the AUP, including any future revisions, Subscriber shall not use the Service and must terminate Service immediately.


2. PROHIBITED ACTS

The following are examples of uses of the Service that violate this AUP.

a) Abuse of e‐mail; Spamming. Mass e‐mailing and "mail‐bombing" (sending mass e‐mail or deliberately sending excessively large attachments to one recipient) are prohibited. Business‐class accounts may have different volume limitations and usage will be judged by type of account and the use. Forging e‐mail headers (transmission information) is prohibited. Using another computer, without authorization, to send e‐mail messages or to retransmit e‐mail messages for the purpose of misleading recipients as to the origin is prohibited. Use of e‐mail to harass or intimidate other users is prohibited. Violation of the CAN‐SPAM Act of 2003, or of any state or federal law regulating e‐mail, is a violation of this AUP and OzarksGo reserves the right to seek damages and other available relief against Subscriber or any third parties as applicable. For purposes of this AUP, such violations are determined by OzarksGo in its sole discretion.

b) Facilitating a Violation of this AUP. Subscriber is prohibited from advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate or facilitate a violation of this AUP and/or any law. This includes, but is not limited to, the facilitation of the means to spam, infringe on copyrights, and pirate software.

c) Illegal Activity; Tortious Conduct. Any use of the Service to violate any local, state or federal law or regulation also violates this AUP. Prohibited activities include, but are not limited to:

  • Transmitting any defamatory, libelous, fraudulent, deceptive, indecent, offensive or obscene materials;
  • Using the Service to deliver spyware, or secretly or deceptively obtain the personal information of third parties (e.g., phishing);
  • Intentionally spreading computer viruses;
  • Exporting software or technical information in violation of U.S. export control laws;
  • Gaining unauthorized access to private networks;
  • Engaging in the transmission of pirated software;
  • Unauthorized copying, distribution or display of copyrighted material;
  • Conducting or participating in illegal gambling;
  • Soliciting for illegal pyramid schemes through e‐mail or USENET postings;
  • Violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that Subscriber access through the Service;
  • Threatening, harassing, abusing, or intimidating others;
  • Engaging in activity, illegal or not, that OzarksGo determines in its sole discretion to be harmful to its subscribers, operations, or networks;
  • Making fraudulent offers of products, items or services; or
  • Creating or attempting to utilize a domain name that is defamatory, fraudulent, indecent, offensive, deceptive, threatening, abusive, harassing, or which damages the name or reputation of OzarksGo.

3. THIRD PARTY RULES

Subscriber may have access through the Service to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, social networking sites or other services that promulgate rules, guidelines or agreements to govern their use. Failure to adhere to any such rules, guidelines, or agreements shall be a violation of this AUP. OzarksGo reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

4. NETWORK MANAGEMENT

As permitted by law, OzarksGo may establish appropriate limitations on bandwidth, data storage, or other aspects of the Service by amending this AUP. Subscribers must comply with all such limitations prescribed by OzarksGo.

5. NETWORK SECURITY 

It is Subscriber’s responsibility to ensure the security of Subscriber’s network and the equipment that connects to the Service. Subscriber is required to take all necessary steps to secure and manage the use of the Service in such a way to assure that network abuse and/or fraudulent activity is prevented. Violations of system or network security may result in criminal and/or civil liability. Failing to secure Subscriber’s system against abuse or fraudulent activity is a violation of this AUP. Subscriber is responsible for configuring and securing Subscriber’s network and the Service to prevent unauthorized access to Subscriber systems and OzarksGo’ fiber network. Subscriber is also responsible for any fraudulent activity that may occur due to Subscriber’s failure to secure Subscriber network and the Service. Subscriber will be responsible if unknown third parties utilize the Service at any time for the purpose of illegally distributing licensed software, engaging in abusive behavior or engaging in any type of fraudulent conduct. Subscriber may not, through action or inaction (e.g. failure to secure Subscriber network), allow others to use Subscriber’s network for illegal, fraudulent or inappropriate uses, or any other disruptive, provoking, or abusive behavior that is in violation of the AUP.

5. RESONSIBILITY FOR CONTENT 

Subscriber is responsible for any content Subscriber offers or receives through the Service.

6. PASSWORD SECURITY

If applicable, Subscriber’s password provides access to Subscriber’s individual account. It is Subscriber responsibility to keep the password secure. Subscriber is responsible for any and all access to or use of the Service through Subscriber’s account. Attempting to obtain another user's account password is prohibited.

7. REPORTING ACCEPTABLE USE ABUSE

Any party seeking to report a violation of this AUP may contact OzarksGo via e‐mail at abuse@ozarksgo.net.

8. REPORTING COPYRIGHT INFRINGEMENT

OzarksGo complies with the Online Copyright Infringement Liability Limitation Act of 1998. 17 USC 512 (“Act”). As required by the Act, OzarksGo has a policy that reserves its right to terminate Service to Subscribers who repeatedly infringe copyrights. If OzarksGo receives a determination that any Subscriber has infringed another’s copyright through the use of OzarksGo’s system or network, OzarksGo reserves the right to terminate Service to that Subscriber after receiving notice of any further copyright infringement by that Subscriber. OzarksGo accommodates and does not interfere with standard technical measures to identify and protect copyrighted works, subject to the limitations of the Act.

Notices and counter‐notices related to claimed copyright infringements should be directed to the following designated agent: 

Mail: 
OzarksGo
Net Abuse
PO Box 1368
Fayetteville, AR 72702

Email: abuse@ozarksgo.net


Download PDF

Version date June 2017