legal

REV Internet Service Agreement

As of March-2022 Advanced Tel, L.L.C., SJI, L.L.C., Vision Communications, L.L.C., and Reserve Long Distance, L.L.C. (d/b/a REV) agree to provide and User agrees to receive access to REV Internet Services according to the following terms and conditions:
GENERAL
All provisions of this Agreement apply to all accounts billed to the User. The benefits of, or rights conferred by the Agreement are non-transferable. Use of REV internet account is expressly limited to the individual whose name appears on the account and dependents of the account holder living at the same address. User may not resell or give-away access to REV Internet Services. This includes, but is not limited to, online access, Web storage, email, newsgroups, etc. REV reserves the right to disconnect users who have or create excessive usage. A residential Customer with a static IP address is prohibited from using such static IP service for any commercial purposes whatsoever. This restriction shall include sale or free access to REV internet service in any form or fashion. In the event that residential Customer uses such static IP service for any commercial purposes or other prohibited purpose, REV may, at its option, disconnect such service or charge Customer business rates for such service. User is responsible for all hardware and software necessary to connect to REV. REV IS NOT RESPONSIBLE IN ANY REGARD FOR DAMAGE CAUSED DIRECTLY OR INDIRECTLY TO SUCH HARDWARE OR SOFTWARE. User agrees to use the service in a manner consistent with any and all applicable U.S. and international laws, regulations, treaties or statutes. If user is less then eighteen years of age, Agreement must be signed by a parent or legal guardian who is responsible for all charges related to the use of User’s account(s). User is responsible for all use of User’s account(s) and confidentiality of password(s). REV will suspend access or change access to User’s accounts immediately upon the notifications by User that his or her password has been lost, stolen, or otherwise compromised. User’s account may be canceled by phone, chat, email  or U.S. Postal Service. No refunds will be given.
CHILDREN’S PRIVACY
Our websites are not directed at or intended for use by children under the age of 13. We do not knowingly allow anyone under 18 to provide any personal information to our website. Children should always get permission from a parent or guardian before sending personal information over the Internet. If you believe your child may have provided us with personal information, you may contact us at (866) 881-4REV (4738)-and we will delete the information. You can find more information about protecting children’s privacy by contacting the Federal Trade Commission (FTC) or by viewing its website at http://www.ftc.gov.
BILLING
User agrees to pay REV all charges relating to the use of User’s account(s) according to rates and prices at the time the service is used. REV reserves the right to modify rates and charges at any time. Charges for REV Internet Services shall appear on a monthly bill mailed to User’s known billing address or available by accessing your online account if You have opted into paperless billing. Where possible, REV Internet Service charge shall appear on User’s local telephone bill, under headings labeled Internet Services. User is responsible for charges at the time the service is used. REV reserves the right to charge compounding late fees and/or collection expenses. In cases where REV Internet Services directly bills User, this rate will be the maximum permitted by law. Where charges appear on User’s local telephone bill, late fees will be calculated based on the telephone company’s delinquent fee schedule. REV reserves the right to suspend access to service for User’s account(s) upon an indication of credit problems including delinquent payments or rejection of charges.
OWNERSHIP/COPYRIGHT
Information available on REV Internet Services is property of REV or its information providers. User shall not redistribute or commercially exploit such information to any third party without the express written permission of its owner(s). Information providers have the right to assert and enforce such copyright provisions directly on their own behalf. User submitting information on REV Internet Services grants REV the non-exclusive permission to distribute the information product worldwide. User retains all rights that User may have for such information. Any licensed software provided by REV at no charge to the customer for Internet access and/or navigation will be revoked upon disconnection of REV Internet Access Services. User acknowledges and agrees to comply in all respects with applicable copyright law. Further, User acknowledges and accepts REV’s Infringement Claim/DMCA Policy. The Walt Disney Company and its affiliated company content, text, photo, graphic, audio, and/or video material (including but not limited to such material from ESPN, Movies.com, SOAPNet or any other Disney Company)(“Disney Content”) shall not be edited, transmitted, distributed, reproduced or modified in any part or copied onto any media, except that the Subscriber may download one copy of the Disney Content on a single computer for the Subscriber’s personal, noncommercial home use only, provided that (i) the Subscriber keeps intact all copyright and other proprietary notices, (ii) the Subscriber makes no modifications to the Disney Content, (iii) the Subscriber does not use the Disney Content in a manner that suggests an association with any of Disney’s products, service or brands. Subscriber agrees that The Walt Disney Company, its subsidiary, and affiliated companies, and each of their respective officers, directors, employees, agents and assigns will not be held liable for any delays, inaccuracies, errors, or omissions in the Disney Content or in the transmission or delivery of all or any part of the Disney Content, or for any damages arising from any of the foregoing.
USE OF THIS SERVICE IS UNDERTAKEN SOLELY AT YOUR OWN RISK
Information, products and services offered through the internet are offered by third parties that are not affiliated with REV. Except for information, products or services clearly identified as being supplied by REV, REV does not operate, control or endorse any such information, product or services in any way. REV cannot and does not guarantee or warrant that files available for downloading through the Internet will be free of viruses that manifest contaminating or destructive properties. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you or are unsuitable for minors (persons under 18 years of age). You agree to supervise usage by any minors when you agree to use this service. You access such materials at your own risk, and REV has no control over and accepts no responsibility whatsoever for such materials.
MONITORING AND REMOVAL OF CONTENT
REV is under no obligation to monitor the Services. However, REV reserves the right at all times and without notice to remove, restrict access to, or make unavailable, any content on its server that it considers, in its sole discretion, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, and to monitor, review, retain and/or disclose any content or other information in REV’s possession about or related to you, your use of the Services or otherwise as REV deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
LAW ENFORCEMENT INFORMATION
As a provider of Internet and telecommunications services, REV routinely receives legal requests for customer information from government and law enforcement personnel. REV also receives discovery requests in civil litigation. In all such cases, our policy is to cooperate as required by law, but to provide only such information as the law requires. This information is generally sought by subpoena served on REV. Under current law, many criminal subpoenas require that we not disclose or notify you of the request. Due to this fact and the volume of requests REV receives, we cannot assume any duty to notify you of any receipt of any legal requests. Note that the law does permit REV to disclose to law enforcement, voluntarily and without prior notice, customer information, including the contents of any communications, if we reasonably believe that an emergency involving danger of death or serious physical injury requires such disclosure without delay.
INTERNET SECURITY
TAKING PROPER PRECAUTIONS Maintaining the security of your own personal computer is an important part of protecting your own privacy and of helping us protect our network and our customers’ service. You should use and update regularly your antivirus software, firewall and your operating system to prevent unauthorized access by others and harm from various forms of viruses. Persons with questionable intent may utilize the Internet or email to pose as someone you trust or do business with. You should always be sure who you are dealing with before responding with personal information. To avoid these and other forms of attacks, we encourage you to visit the Federal Trade Commission (FTC) for updates and tips on protecting yourself. REV may take protective action related to your service or contact you directly with information from time-to-time to help with this effort. INSTALLATION You authorize REV personnel and/or its agent to enter your premises (the “Premises”) at mutually agreed upon times in order to install, maintain, inspect, repair and remove the Service. If you are not the owner of the Premises upon which the Service is to be installed, you represent and warrant that you have obtained the consent of the owner of the Premises for REV personnel and/or its agents to enter the Premises for the purposes described above. You shall indemnify and hold REV harmless from and against any claims of the owner of the Premises arising out of the performance of this Agreement. You acknowledge and agree that installation of the Service (including the Licensed Software) may require REV personnel and/or its agents to access your computer. You further acknowledge and agree that installation and/or use of the Service (including the Licensed Software) may result in the modification of your computer’s systems files and that REV may periodically update such software. REV neither represents, warrants, nor covenants whatsoever that such modifications will not disrupt the normal operations of your computer. REV shall have no liability whatsoever for any damage resulting from the installation and/or use of the Licensed Software or file modifications. REV is not responsible for returning your computer to its original configuration prior to installation. LIMITATIONS OF WARRANTIES AND LIABILITY THIS SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. BY USE OF THIS SERVICE, OR ANY RELATED INFORMATION, SOFTWARE OR PRODUCT, THE USER ACKNOWLEDGES AND AGREES TO THE FOLLOWING: THAT NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING BUT NOT LIMITED TO THOSE OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, HAS BEEN MADE BY REV WITH RESPECT TO THIS SERVICE, ITS USE, OR ANY INFORMATION OR SOFTWARE THEREIN; REV EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE; REV DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICE IS ERROR-FREE OR THAT ITS OPERATION WILL BE SECURE OR UNINTERRUPTED. FURTHER, NO SPECIFIC SPEED IS GUARANTEED, THOUGH REV WILL USE ITS BEST EFFORTS TO PROVIDE ADVERTISED SPEEDS. REV HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF; AND REV IS NOT RESPONSIBLE FOR USER’S PERSONAL INFORMATION RESIDING EITHER ON USER’S PERSONAL SYSTEM OR REV’S SYSTEM. REV MAKES NO WARRANTY THAT ALL ERRORS OR FAILURES CAN OR WILL BE CORRECTED. IN THE EVENT A COURT SHOULD HOLD THAT THE LIMITATION OF LIABILITIES OR REMEDIES AVAILABLE AS SET OUT IN THIS AGREEMENT ARE UNENFORCEABLE, YOU AGREE THAT REV’S ENTIRE LIABILITY FOR DAMAGES CONCERNING PERFORMANCE OR NONPERFORMANCE, IN ANY WAY RELATED TO USE OF ANY REV INFORMATION, SOFTWARE OR OTHER PRODUCT, BY VIRTUE OF THIS SERVICE, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNT RECEIVED BY REV FROM THE CLAIMANT DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. INDEMNIFICATION You shall indemnify, defend, and hold REV and its respective affiliates, subcontractors, directors, shareholders, officers, employees, or agents harmless (including payment of reasonable attorney’s fees) from and against any claim, actions, or demands relating to or arising out of your use of the service including without limitation: (i) any and all third party claims, damages, liabilities, and expenses, including legal and attorney’s fees, of any nature arising directly or indirectly out of the your actions or omissions during performance of this Agreement, including, without limitation, claims for personal injury or wrongful death to You or users of the equipment, products, or services provided by REV or used in conjunction with such equipment, products, or services provided by REV and arising out of the manufacture, purchase, operation, condition, maintenance, installation, return or use of equipment or service, or arising by operation of law, (ii) any content or software displayed, distributed, or otherwise disseminated by You, your employees or users of the service; (iii) any claim that your content or registration and maintenance of your selected domain name(s) infringes on the patent, copyright, trademark, or other intellectual property right of any third party; (iv) any act in violation of any laws committed by You, your employees or users using the services; and/or (v) violation by you, your employees or other users of REV’s Acceptable Usage Policy. This provision shall survive termination of this Agreement. You shall permit REV to participate in the defense of any action, at REV’s sole discretion and shall receive the cooperation of REV in the defense thereof. At REV’s sole discretion, REV has the option to solely control the defense. Such exercise of discretion will not terminate your ongoing obligation to pay the costs of the defense. Regardless of the nature of the defense, You will not settle any matter by requiring that REV take or refrain from any action unless You have REV’s express written permission to do so. You further agree that REV’s express written permission is required to enter into and/or pay any settlement. OPERATION REV reserves the right to change without notice the REV Internet Service including but not limited to access procedure, hours of operation, menu structure, commands, documentation, and services offered. REV reserves the right to delete User’s account(s) if delinquent for more than two (2) months. REV reserves the right in its sole discretion to delete any information entered onto REV by User. REV and its authorized representatives have the right but are not obligated to edit public information. User hereby agrees that any material submitted for publication on REV through User’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others, or contain anything obscene or libelous. User hereby agrees to refrain from engaging in any and all forms of spamming. (See REV’s official spamming policy.) REV, at its sole business judgment, may terminate this Agreement and suspend access to User’s account(s) upon breach of the Agreement including but not limited to refusal or failure to pay for services provided. REV reserves the right to terminate access to service for any principal or associate account(s) due to inactivity or misuse for any reason in REV’s sole discretion. The validity, construction, and performance of this Agreement shall be construed in accordance with the law of the State of Louisiana, without regard to its choice of law principles. Any claims or causes of action related to REV must be instituted within one (1) year after the claim or cause of action has arisen. REV may modify these terms and conditions at its own discretion.  You should periodically review all REV terms and conditions to remain aware of any changes. User’s use of REV service after such notice shall constitute User’s acceptance of the modification to this Agreement implied in fact. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User’s and REV’s agreement on all other is not affected.