Premier Internet Broadband. Internet service with a customer centric approach.
Here are some average internet examples:
Streaming 200 hours of music – 1 GB
Streaming 20 hours of SD video – 40 GB
Streaming 20 hours of HD video – 80 GB
Downloading a full-length SD movie – 4 GB
Downloading a full-length HD movie – 8 GB
Downloading a video game – 40+ GB
This agreement describes the terms and conditions between you, the subscriber, and Virginia Air Networks, the provider of your broadband wireless internet service. Please read this agreement carefully. It contains important contract rights and obligations between you and Virginia Air Networks, as well as important limitations of those rights. You may contact us at 540-328-9876, through our “Contact Us” page on our website, www.vaairnetinc.com, or write to us at 101-C Founders Way Strasburg, VA 22657.
Description: The service consists of broadband wireless internet access as further described in this agreement. This service is available in locations that have unobstructed line-of-sight capability to an antenna operated by Virginia Air Networks. In order to receive this service, a monthly subscriber fee for the service plan you have selected is required.
Equipment: Subject to this agreement, during the time period that service is provided to you by Virginia Air Networks, all hardware and necessary equipment will be provided to you giving access to the entry point. A one-time subscription fee of $100.00 is required. Only an authorized installer, designated by Virginia Air Networks, may install the equipment at your location. The equipment is and will remain the sole property of Virginia Air Networks. We will have the right, but not the obligation, to enter your service area location and remove the equipment at the time service is terminated. The equipment must be returned in the same condition as provided at the time of installation. Any damage to the equipment, whether caused by you or any other person, excluding Virginia Air Networks, will be your responsibility. All repairs and damage to the equipment or replacement of equipment will be billed to you at the time of termination of service. In addition, you the subscriber, are provided a free basic wireless router. This router is provided as a courtesy to you. If the basic router is deemed insufficient, you may purchase/lease an upgraded model through the service provider, or you may opt to purchase a router of your choosing. A detailed specification sheet in PDF form, stating the minimal specifications for optimal service, is provided on the service provider’s website. If these specifications are not met and you experience service issues, determined by Virginia Air Networks to be caused by your private equipment, you will be assessed a service charge for any diagnostics or repairs necessary to restore service.
Installation Fees: You
acknowledge that subject to any exceptions granted by us, a fee of $100.00 is
due prior to installation of any equipment at the service location. This fee
covers the costs needed to bring service to the designated location. This fee will
cover what is deemed a basic installation. Basic installation is defined as, “the
installation of equipment in a location deemed optimal for service by the
installation technician.” Any deviation from this recommended placement will be
considered a custom installation and is subject to an additional $60.00 fee and
is due at the time of installation. If you choose to have a separate mount used
for installation and it is determined by the technician to require an
additional fee, you will be responsible for a $3.00 per foot charge to
accommodate this custom installation.
Installation of Equipment: You represent that there are no legal, contractual or similar restrictions on the installation of the equipment in the location(s) you have authorized. It is your responsibility to ensure compliance with all applicable building codes, zoning ordinances, homeowners association rules, covenants, conditions, and restrictions related to services provided under this agreement. It is your responsibility to pay any fees or other charges and to obtain any permits or authorizations necessary for services provided under this agreement. You are solely responsible for any fines or similar charges for service in violation of any applicable legal requirements. You acknowledge and agree that Virginia Air Networks, or our authorized installer, will be allowed to access your premises or system to allow installation. You agree to have us maintain the equipment, including the antenna and its components necessary for you to receive the service inside and outside your home. By signing this agreement and scheduling a service and installation visit you are permitting us to enter your residence. You are authorizing Virginia Air Networks, or our authorized installer, to perform all above actions. NEITHER VIRGINIA AIR NETWORKS NOR OUR AUTHORIZED INSTALLER SHALL HAVE ANY LIABILITY FOR ANY LOSSES RESULTING FROM INSTALLATION, REPAIR, REMOVAL, REINSTALLATION OR OTHER SERVICES, INCLUDING AND WITHOUT LIMITATION, FOR DAMAGE TO YOUR PREMISES, LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER. You are responsible for backing up the data on your computer and we highly recommend that you do so prior to permitting access by Virginia Air Networks. Time frames for installation may vary depending on the services requested.
Subscriber Support: Subscriber support is provided by Virginia Air Networks by calling (540) 328-9876. This support is limited to the modem and broadband wireless antenna installed and does not include any other computer systems at your location. If after troubleshooting remotely we cannot resolve the issue, we will visit your location to resolve the problem. If Virginia Air Networks finds that our equipment is operating and fully functional up to the entry point, there will be a $99.00 service charge due upon receipt of the service.
Age and Account Set-Up: You
agree that Virginia Air Networks wireless internet service is to be used solely
at the location where it is installed. You are at least 18 years of age. You
agree that you are responsible for obtaining installation services for the
equipment from Virginia Air Networks and for maintaining the account, options,
settings and other parameters under which the service is used. This includes, without limitation, all
related passwords and user identification information.
Multiple Use of Account: Use of the service is limited to the address associated with the location where initially installed. Use of the service does not include adjacent apartments, residences, offices or any type of space not physically associated with your address. Any use of the services, other than as specified, constitutes an unlawful and unauthorized use of the service and is a breach of this agreement, regardless of whether you receive any compensation for such use, and may result in the immediate termination of service.
Acceptable Use Policy: Violation
of the Acceptable Use Policy is a breach of this agreement and will result in
the termination of this agreement and service. Internet access through Virginia
Air Networks is not guaranteed. The terms of this policy apply to all service
plans that Virginia Air Networks offers. These terms explain the policies
governing your access and use of the services, including the actions we may
take within our sole discretion, for any use we deem unacceptable. Your
violation of this policy may result in the immediate suspension or termination
of either your access to the service and/or your account. Providers are not
responsible or liable for the conduct of the site’s operators, the content,
availability, accuracy, quality, advertising, products, services or other
materials offered at the sites.
Prohibited Activities: You may access and use the service only in accordance with applicable local, state, federal or international law, order or regulation. You may not use the service to conduct, participate in, or otherwise facilitate a pyramid or other illegal soliciting schemes. You may not take part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature. You may not invade another person's privacy, stalk, harass, or otherwise violate the rights of others; post, transmit, or disseminate content that is threatening, abusive, libelous, slanderous, defamatory, incites hatred, or is otherwise offensive or objectionable; restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the equipment or the service, including without limitation, by posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse, cancelbot, or other harmful feature. You may not collect or store personal data about other users, use an IP address not assigned to you, or violate any other policy or guideline of providers.
Responsibility of Subscriber: You
are responsible for any misuse of the service, even if the misuse was committed
by a friend, family member, or guest with access to your service account.
Therefore, you must take steps to ensure that others do not use your account to
gain unauthorized access to the service. You must strictly maintain the
confidentiality of your service login and password. You agree to notify us
immediately after transferring your equipment to anyone else. (e.g. selling of
house). You are considered the registered recipient of the service until we receive
such notice and you will be liable for any charges or fees incurred for the use
of your equipment by anyone else up to the time that we receive your notice,
unless otherwise provided by applicable law. You may not assign or transfer
your service without our written consent. If you do, we may terminate your
service. If your equipment is stolen or otherwise removed from your premises
without your authorization, you must notify us immediately or you will be
liable for payment for unauthorized use of the service or equipment.
Subscriber Responsibility: You agree that you are responsible for all access to and use of the service through your account or password(s) and for any fees incurred for service or any other expenses incurred in accordance with the terms of this agreement. You acknowledge that you are aware that areas accessible on or through the service may contain material that is unsuitable for minors (persons under 18 years of age). You agree to supervise usage of the service by minors who use the service through your account. You ratify and confirm any obligations a minor using your account incurs or assumes and any promises or permissions such minor makes or gives.
Subscription Fee: You acknowledge that subject to any exceptions granted by us, a monthly subscription fee will apply for each month, or portion of a month, from beginning of service activation date to termination date. Your account will continue until you cancel the account in accordance with the method(s) specified by us, unless otherwise terminated in accordance with this agreement. The monthly subscription will cease after the termination date.
Billing and Charges: You agree to pay in accordance with the provisions of the billing option you select. You agree to pay all applicable taxes, surcharges and/or fees related to your use of the service. Payments will be due on the date of installation. Payment may be made by automated clearing house (ACH) transaction, by electronic billing (eBill) through our service providers website, or through credit card, debit card or by electronic transfer from your bank account (EFT payment). This will be on an automatic reoccurring monthly schedule and a receipt will be sent to you upon completion of payment.
Payment Authorization: If
you have so elected, you agree that Virginia Air Networks can charge your
credit card or debit card or initiate an electronic funds transfer out of your
bank account for payment of all service fees or any other amounts payable under
this agreement. Additionally, you agree that Virginia Air Networks will bill
your monthly service fee in advance and the service fee will automatically be
collected through either a card payment or electronic funds transfer. If we are
unable to process your credit or debit card at any time, your account and
service may be immediately suspended or terminated, and you will remain
responsible for all amounts payable by you to us. Your card issuer agreement
governs use of your credit or debit card payment in connection with this
service and you must refer to that agreement with respect to your rights and
liabilities as a cardholder. If we do not receive payment from your credit or
debit card issuer or its agent, you agree to pay us all amounts due upon demand
by us. You agree that Virginia Air Networks will not be responsible for any
expenses that you may incur resulting from overdrawing your bank account or
exceeding your credit limit as a result of an automatic charge made under this
Late Payment: We reserve the right to correct and charge underbilled amounts for a period of 90 days after the initial late state was issued. Payment of the outstanding balance is due in full each month. If we do not receive payment from you after five days from your due date, we have the right to suspend your service or terminate this agreement without notice. We can reinstate service after the late payment has been received and you have made your account current. After the 10th day of unsuccessful collection of payment, your service will be viewed as forfeited and considered terminated. A reactivation fee of $35.00 will be assessed after the 10th day of nonpayment if you wish to resume service. In the event you wish to terminate service, all equipment (antenna and modem) must be returned to 101-C Founders Way, Strasburg, VA 22657 before day 30 of non-payment or you will be charged the manufacturer’s suggested retail price plus 10% for the equipment. Technicians will be required to recover antennas placed on premises without objection. In the event the technicians are unable to recover the on- premises antenna, you will then be responsible for the cost of the equipment at the manufacturer’s suggested retail price plus 10%.
Disputes and Partial Payments: If you think a charge is incorrect or you need more information on any charges applied to your account, you should contact our billing department. You must contact us within 45 days of receiving the statement on which the error or problem appeared. We will make available to you a statement for each billing cycle showing payments, credit purchases and other charges. We will not pay interest on any overcharged amounts later refunded or credited to you. We may, but are not required, to accept partial payments from you. If partial payments are made, they will be applied to amounts owed by you starting with the oldest outstanding statement. If you send us checks or money orders marked "payment in full" or otherwise labeled with a similar restrictive endorsement, we can but are not required, to accept them without losing any of our rights to collect all amounts owed by you under this agreement. If we choose to use any collection agency or attorney to collect money that you owe us or to assert any other right we may have against you, you agree to pay all costs of collection or other action including, but not limited to, the costs of a collection agency, attorney's fees, and court costs.
Credit Inquiries and Reporting: You authorize us to make inquiries and to receive information about your credit experience from others, including credit reporting agencies, to enter this information in your file and to disclose this information concerning you to appropriate third parties for reasonable business purposes. In the case of late payment or nonpayment for any of the services ordered by you or any other charges, you understand and agree that we will report such late payment or nonpayment to the appropriate credit reporting agencies.
Modification of This Agreement: Upon notice published over the service we may, at any time and from time to time, modify this agreement including and without limitation our pricing and billing terms if not in contract. We will notify you by e-mail or online via one or more of the websites within the service or other electronic notice. If you do not agree to such changes or additions, you must terminate this agreement and stop using the service prior to the effective date of such modifications. Your continued use of the service after the effective date of such modifications constitutes your acceptance of such modifications.
Modification of the Service: We may discontinue, add to or revise any or all aspects of the service in our sole discretion and without notice, including access to support services, publications and any other products or services ancillary to the service. We reserve the right at our sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, communication or other content provided to you by us in connection with the service. If we undertake any of these changes, we may but are not required to notify you by email or online via one or more of the websites within the service or other electronic notice. If you do not agree to such changes, you must cancel your subscription and stop using the service prior to the effective date of such changes. Your use of the service after the effective date of such changes or additions constitutes your acceptance of such changes. In addition, we may take any action consistent with our Acceptable Use Policy, including actions to;
(a) - prevent bulk emailing from entering or leaving any email account or the network email system.
(b) - delete email messages if your email account has not been accessed by you within a time frame established by Virginia Air Networks, from time to time, at our sole discretion.
(c) - instruct our system not to process email or instant messages due to space limitations.
(e) - withdraw, change, suspend or discontinue any functionality or feature of the service.
(f) - delete attachments to email due to potentially harmful materials included within such attachment.
(g) - limit access to the service to prevent abusive consumption and ensure fair access for allsubscribers.
Termination or Suspension by Service Provider: We may immediately terminate your service and
this agreement if you or a user of your account breaches this agreement. We
reserve the right, at our sole discretion, to terminate your account and this
agreement at any time or to suspend, with or without notice, or terminate
access to or use of the service in whole or in part.
Post Termination or Suspension Obligations: Notwithstanding any cancellation or termination of this agreement or any of your accounts, nor any suspension or termination of access to or use of the service, you will remain responsible for all payment and other obligations under this agreement, including the obligation to pay all charges that may be due as a result of or in connection with such cancellation, termination or suspension. Your payment and other obligations under this agreement are not suspended or affected by a suspension of access to or use of the service in whole or in part due to a violation (actual, threatened, or alleged) of this agreement or of any law or legal obligation by you or any user of your account.
Resell or Redistribute the Service to Any Third Party Via Any Means Including but Not Limited to Wireless Technology:
Harm to Minors. You may not use the service to harm or attempt to harm a minor, including but not limited to, by hosting, possessing, disseminating, or transmitting material that is unlawful, including child pornography or obscene material.
Intellectual Property Infringement. You may not use the service to post, copy, transmit, or disseminate any content that infringes the patents, copyrights, trade secrets, trademark, or propriety rights of any party. Providers assume no responsibility and you assume all risks regarding the determination of whether material is in the public domain or may otherwise be used by you for such purposes.
User Content. You are solely responsible for any information that you publish on the web or other internet services. You must ensure that the recipient of the content is appropriate and must take appropriate precautions to prevent minors from receiving inappropriate content. Providers reserve the right to refuse to post or to remove any information or materials from the service, in whole or in part, that it, at providers sole discretion, deems to be offensive, indecent, or otherwise objectionable.
Commercial Use: You may not resell or otherwise charge others to use the residential or business service. (e.g. via WIFI or any other method). You agree not to use the service for operation as an internet service provider, or for any other business enterprise, including, without limitation, IP address translation or similar facilities intended to provide additional access.
Servers. You may not operate, or allow others to operate, servers of any type or any other device, equipment,and/or software providing server like functionality in connection with the service, unless expressly authorized by providers.
Misuse of Service. You are responsible for any misuse of the service that occurs through your account. You must therefore take steps to ensure that others do not gain unauthorized access or misuse the service such as hacking/attempted unauthorized access. You may not use the service to breach or attempt to breach the security of another user or attempt to gain access to any other person's computer, software, or data without the knowledge and consent of such person. The equipment and the service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks or computers for any reason. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.
Security. You are solely responsible for the security of any device connected to the service, including any data stored on that device. Providers recommend that you take appropriate security precautions for any systems connected to the service. You are responsible for securing any wireless networks connected to provider’s service at your location. Any wireless network installed by the customer or a representative of providers that is unsecured or "open" and connected to the provider’s network will be deemed to be operating as an ISP and subject to the prohibition on commercial use set forth herein.
Disruption of Service. You may not disrupt the service in any manner. Nor shall you interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges or attempts to "crash" a host.
Bandwidth, Data Storage and Other Limitations. You must ensure that your activities do not improperly restrict, inhibit, or degrade any other user's use of the service, nor represent, in providers sole judgment, an unusually great burden on the network itself. Your use must not improperly restrict, inhibit, disrupt, degrade or impede providers ability to deliver the service and monitor the service, backbone, network nodes, and/or other network services.
Use and Control of Information, Service Provider Communication, Ads: We may, without obligation, liability or notice, except to the extent prohibited by applicable law, distribute, loan, sell or otherwise share with other persons or entities user lists (subscriber account information that does not identify you by name, address or similar personally identifiable information) as well as aggregate information. Aggregate information includes information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which do not rely on providing to recipients the identity of any user of the service. This shall not be construed to limit our use of other information not addressed in this section. We will be free, in our reasonable good faith discretion and without notice, to provide subscriber and user information and records to the courts, law enforcement agencies, government agencies, or authorized persons or entities involved in enforcing compliance with the law or prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal, or to violate or threaten the rights of any person or entity. In addition, we may maintain and use internally such information and records. Information generated by or in connection with our administration of the service shall be and will remain our exclusive property. We may also from time to time provide online, fax, telephone, email, mail and other communications to our subscribers and users on matters pertaining to the service, its features, its sponsors or its use without compensation to them or reimbursement of costs for doing so but shall do so reasonably and in good faith. You acknowledge that communications with us, our representatives and our contractors may be monitored or reviewed for quality control and other reasonable business purposes. You also acknowledge that advertising and promotion may occur on the service and that neither you nor any user shall have any claim with respect to any proceeds from such activities.
DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS
AT YOUR SOLE RISK. NEITHER SERVICE PROVIDER NOR ANY OF SERVICE PROVIDERS
AGENTS, EMPLOYEES, INSTALLERS OR THIRD-PARTY CONTRACTORS WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES SERVICE PROVIDER NOR ANY OF
SERVICE PROVIDER’S AGENTS, EMPLOYEES, INSTALLERS OR THIRD-PARTY CONTRACTORS
MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE,
INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE IS DISTRIBUTED ON
AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, NONINFRINGEMENT OR
OTHERWISE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SERVICE PROVIDER OR
ANY OF SERVICE PROVIDER’S AGENTS, EMPLOYEES, INSTALLERS OR THIRD-PARTY
CONTRACTORS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION
OR ADVICE. BECAUSE SERVICE PROVIDER PROVIDES SUBSCRIBERS WITH ELECTRONIC ACCESS
TO THE CONTENT AVAILABLE ON THE INTERNET, SERVICE PROVIDER CANNOT AND DOES NOT
WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICE.
SERVICE PROVIDER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS
OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM, OR FROM
ANY ATTEMPT, TO REMOVE ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SERVICE PROVIDER NOR ANY OF SERVICE PROVIDER’S AGENTS, EMPLOYEES, INSTALLERS OR THIRD-PARTY CONTRACTORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE FOREGOING, IF FOR ANY REASON, BY OPERATION OF LAW OR OTHERWISE, ANY PORTION OF THE FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT SERVICE PROVIDER AND SERVICE PROVIDER’S AGENTS, EMPLOYEES, INSTALLERS OR THIRD PARTY CONTRACTORS MAXIMUM, SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO SERVICE PROVIDER BY YOU FOR SERVICE DURING AND FOR A PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH ERROR, DEFECT OR FAILURE AND CEASING UPON THE DISCOVERY OF SUCH, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD OF TIME EXCEED THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.
Applicability and Exceptions: The foregoing exclusions or limitations of liability apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action or theory of liability (including, without limitation, negligence) even if Virginia Air Networks or others were advised or aware of the possibility or likelihood of such damages or liability.
Service Interruptions: Service may be interrupted from time to time for a variety of reasons. We are not responsible for any interruptions of service that occur due to acts of God (including weather), power failure or any other cause beyond our reasonable control. However, because we value our subscribers, for an interruption of a significant length of time that is within our reasonable control, upon your request, we may provide what we reasonably determine to be a fair and equitable adjustment to your account to make up for the service interruption. THIS WILL BE YOUR SOLE REMEDY AND OUR SOLE DUTY IN SUCH CASES. You acknowledge and agree that the service is not intended to be and should not be used as your primary or “lifeline” telecommunications service.
Indemnity: You agree to indemnify, defend and hold us harmless against all claims, liability, damages, costs and expenses, including but not limited to reasonable attorney’s fees, arising out of or related to all use of your account. This includes, without limitation, responsibility for all consequences of you or any user of your account that violates this agreement or placement on or over or retrieval from or through the service of any software, file, information communication or other content and all costs incurred by us in enforcing this agreement against you.
Third Party Beneficiaries: The provisions of this section are for the benefit of us and our agents, employees, officers, directors, installers, and third-party contractors, and each shall have the right to assert and enforce such provisions directly on its own behalf. Other than as expressly stated in this agreement, this agreement shall not be deemed to create any rights in third parties.
Limits on Transfers: Unless otherwise agreed in writing, your right to use this service or to designate other users of your account is not transferable and is subject to any limits established by us.
Applicable Law; Jurisdiction and Venue; Bar of Class Action; Limitation Period; Not Sale of Goods: This agreement is made in the Commonwealth of Virginia. This agreement and all parties respective rights and duties, including and without limitation, claims for violation of state consumer protection laws, unfair competition laws, and any claims in tort, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding conflicts of law’s provisions. Any action under, arising out of, or to enforce this agreement shall be subject to the jurisdiction of the circuit courts of the Commonwealth of Virginia and venue of any such action shall be exclusively in the circuit court of the Commonwealth of Virginia located in Shenandoah County, Virginia. There shall be no class action pursuant to this agreement. Any cause of action brought by you or by users of your account, with respect to the service or this agreement, must be instituted within one year after the claim or cause of action has arisen or is barred. It is acknowledged that this agreement is a service contract and not a contract for the sale of goods.
Notices, Disclosures and Other Communications: Where notification by us is contemplated by or related to this agreement, notice may be made by any reasonable means, including but not limited to, email or publication over the service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial and administrative proceedings relating to or based upon this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You must promptly notify us on any change in your email or postal address in writing or electronically.
Construction and Delegation: Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this agreement. We may authorize or allow our contractors and other third parties to provide services necessary or related to making the service available and to perform obligations and exercise our rights under this agreement and we may collect payment on their behalf, if applicable. The provisions of any sections of this agreement, which by their nature should continue, shall survive any termination of this agreement.
Miscellaneous: If any term of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be construed in such a way as to eliminate the offending aspects while still giving as much effect as possible to the intentions of such term. If this cannot be done and the entire term is invalid, illegal or unenforceable and cannot be so repaired, then the term shall be stricken from this agreement as if it had not been included from the beginning. In any such case, the balance of this agreement shall remain in effect in accordance with its remaining terms not withstanding such invalid, illegal or unenforceable term. We may enforce or decline to enforce any or all the terms of this agreement in our sole discretion. In no event shall we be required to explain, comment on, suffer liability for or forfeit any right or discretion based on its enforcement, nonenforcement or consistency of enforcement of these terms. Captions and headings used in this document are for convenience only and shall not be considered a part of this agreement or be used to construe its terms or meaning.
Assignment of Account: We may sell, assign, pledge or transfer your account or an interest in your account to a third party without notice to you. In the absence of a notice of such sale or transfer, you must continue to make all required payments to us in accordance with your statement.
Entire Agreement: This agreement, as well as the additional online documents specifically incorporated as a part of this agreement, constitutes the entire and only agreement with respect to its subject matter between you and us, applicable also to all users of your account. This agreement supersedes all representations, proposals, inducements, assurances, promises, agreements and other communications with respect to its subject matter except as expressly set forth in this document.