THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF INTERNET SERVICE AND YOUR RELATIONSHIP WITH YK COMMUNICATIONS, LTD. (“YK” or “Service Provider”). PLEASE READ CAREFULLY.
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. ALL DISUTES, WITH THE EXCEPTION OF MATTERS THAT CAN BE TAKEN TO SMALL CLAIMS COURT, MUST BE RESOLVED BY ARBITRATION.
1. Acceptance of Agreement; Agreement Terms.
“Content” means content that You upload, download, post, email, transmit or otherwise access or make available by use of the Service, including without limitation images, photographs, animations, video, audio, music, and text in any format. “Equipment” means the leased router, modem, or gateway provided by Service Provider for use with the Service. “Service” means all Service Provider broadband Internet services, and related transport services provided to you by Service Provider, and include software, Equipment, Content, any additional services, technical support, email, domain name server (“DNS”) and related services, and other products and services provided by Service Provider under the pricing plan applicable to your Service. The Service does not include voice telephony services.
3. Revisions to Agreement.
From time to time Service Provider will make revisions to this Agreement and the policies relating to the Service. Notice of revisions will be provided on Service Provider’s website. By entering into this Agreement, You agree to visit Service Provider’s website periodically to review any such revisions. Increases to the monthly price of the Service (excluding other charges as may be detailed herein) shall be effective thirty (30) days after notice is provided; revisions to any other terms and conditions shall be effective on the date noted in the posting. By continuing to use the Service after revisions are effective, You accept and agree to abide by all revisions made.
4. Authorized User, Account Use, and Responsibilities.
You acknowledge that you are eighteen (18) years of age or older and that You have the legal authority to enter into this Agreement. You agree promptly to notify Service Provider whenever Your personal or billing information changes. You are responsible for all use of Your Service and account, whether by You or someone using Your account with or without your permission, including all secondary or sub-accounts associated with Your primary account, and You agree to pay for all activity associated with Your account. You agree to comply with all applicable laws, regulations, and rules regarding Your use of the Service and to only use the Service within the United States (unless otherwise permitted by this Agreement).
Restrictions on Use. The YK network may only be used for lawful purposes. Transmission of material violating U.S. or state regulation is prohibited.
The Service is consumer grade service and is not designed for or intended to be used for any commercial purpose. You may only use the Service for end user access. Sharing, distributing, or broadcasting of Service to any other party outside of your immediate family or outside of your employment is not permitted and will result in suspension of Your Service. You may not configure or use server applications through the YK network without prior written permission from Service Provider. You may not resell the Service, or engage in similar activities that constitute such use (commercial or non-commercial). You may connect multiple computers/devices within a single home to your modem and/or router to access the Service, but only through a single Service Provider-issued Internet Protocol (“IP”) address. You may not infringe, publish, submit, copy, upload, download, post, transmit, reproduce, or distribute software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless You own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through the Service. Service Provider assumes 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. Please review carefully Service Provider’s Digital Millennium Copyright Act (“DMCA”) Policy on our website, which is incorporated by reference into this Agreement. You may not exceed the bandwidth usage limitations that we may establish from time to time for the Service, or use the Service to host any type of server. Violation of this section may result in bandwidth restrictions on Your Service or suspension or termination of Your Service.
6. Service Information, Availability of Service, and Changes to Service.
Broadband Internet Accounts; Bandwidth Availability and Speed. Service Provider offers many broadband service options with each having a different service capability speed range. The Service speed describes the capacity at which the Service can transmit data. Some activities do not require high speeds to function optimally, while other activities can be performed faster with higher-speeds. Your Service speed may not be suitable for some activities, particularly those involving real-time or near real-time, high-bandwidth uses such as streaming video or video conferencing. The Service plan You select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the Service plan You select even if initial testing showed that your line was qualified. We will provision broadband service using the maximum bandwidth rate available to Your location based on our standard qualification procedures for the Service level selected. The current speed ranges offered by Service Provider may be found on our website, which identifies the downstream and upstream rates at which Your line transfers Internet access data between the network interface device at Your home to the point You connect to Service Provider’s network. Our wired broadband Internet access customers should expect to see speeds within the speed tier of their Service plan. For more information about how Service Provider helps transmit your information to points on the Internet, how Service Provider manages the network, broadband options, including different Service capability and expected and actual speed ranges, device attachment rules, activities which may impair or degrade your Internet experience, and for additional information regarding network practices with respect to data usage caps related to the Service, please visit our Internet Transparency Statement on our website. Because Service performance varies on an end-to-end basis, Service Provider’s speeds are limited to, and measured between, the equipment at Your location and a point on Service Provider’s network, which constitutes only one segment of the end-to-end transmission path connecting the Customer to Internet websites or content providers. Speeds, bandwidths, and quality of service quoted by Service Provider are “best effort” and apply only to the YK network. Service Provider cannot guarantee speed, bandwidth, or quality of service to any point outside the YK network. End-to-end performance of Your Service depends on a variety of factors, including (but not limited to): the number of subscribers simultaneously using the network; customer location; destination and traffic on the Internet; Wi-Fi connectivity; interference with high frequency spectrum; wiring inside your premises; the capacity or performance of Your devices or modem; the server with which You are communicating; internal network management factors (including various control and signaling data required to achieve the reliable transmission of Internet access data); and the networks you and others are using when communicating. In addition, Your use of other services provided by Service Provider that share the capacity of your broadband connection with the Service may impact the amount of capacity available for Your use of the Service at that particular time and thus affect the performance of the Service. Consequently, Service Provider does not guarantee the performance of Your service on an end-to-end basis. Service provider reserves the right to manage incoming and outgoing Internet traffic in a manner that will provide the most efficient use of the YK network for all users. Such management may include, but is not limited to, limiting the amount of available bandwidth that is available for file sharing and peer-to-peer (P2P) applications. Service Provider and its suppliers reserve the right, at any time, with or without prior notice to You, to restrict or suspend the Service to perform maintenance activities and to maintain session control. For Customers that subscribe to the lease modem or gateway program, troubleshooting and related support is limited to diagnosing the cause or suspected cause of any modem or gateway performance issues and excludes any troubleshooting and support of Your computer, laptop, or other end user device and any wiring (whether or not directly or indirectly related to the modem or gateway). Any available technical support beyond diagnosing the cause or suspected cause is a chargeable. In order to properly troubleshoot a modem or gateway performance issue, Service Provider may require that You replace the current wiring to ensure proper compliance with the modem or gateway specifications or industry standard guidelines for optimum performance as part of the troubleshooting process and prior to any repair or replacement of a modem or wireless gateway. IP Addresses. The Service is provided with a dynamic Internet Protocol (“IP”) address, a static IP address, host reservation, or a privately managed IP address utilizing CGN (Carrier Gateway NAT) technology at Service Provider’s sole discretion. Static IP addresses are not available with all speeds. The dynamic IP address is a single Internet address intended for use with a single account and any associated sub accounts. The static IP address or multiple static IP address is intended for use with a single computer or a network of computer/servers. You may not use the Service in a manner that is inconsistent with these intended uses. Changes to Service or Features. Service Provider reserves the right to modify or discontinue the Service (including rates and charges), temporarily or permanently. If Service Provider makes a change that would have a material impact on your Service, Service Provider will provide You notice. The terms and conditions for temporary changes, if any, will be included in the notice and incorporated by reference into this Agreement, which will be posted on our website. Your continued subscription to the Service after the effective date of the change constitutes Your acceptance of the changes and the associated terms and conditions. In lieu of notice and website posting, Service Provider may instead, at its sole discretion, require customers to enter into an agreement with Service Provider regarding temporary material changes. Data Usage. The data plan You purchased, which contains either an unlimited data allowance or a monthly data usage allowance with overage charges for usage in excess of your allowance, is set forth in the Customer Service Summary that You received. Use of certain services, including but not limited to digital TV features and apps, home security, and medical alarm systems, will count towards your Internet data usage allowance. For additional information regarding Your residential Service, including management of your data usage, as well as information about other data plans that You might consider, please refer to information about data usage and plans on our website. Force Majeure. If the performance of any obligation hereunder is interfered with by reason of any circumstance beyond our reasonable control, including but not limited to acts of God, labor strikes, and other labor disturbances, power surges or failures, or the act or omission of any third party, We shall be excused from such performance to the extent necessary, provided that Service Provider shall use reasonable efforts to remove such causes of nonperformance. Business Customers. Additional terms and conditions specifically applicable to business customers are set forth in a separate terms of service agreement.
7. Software Licenses and Third Party Service.
We may provide You, for a fee or at no charge, software for use in connection with the Service, which is owned by Service Provider or its third-party licensors, providers, and suppliers (“Software”). We reserve the right periodically to update, upgrade or change the Software remotely or otherwise and to make related changes to the settings and software on Your computer or Equipment, and You agree to permit such changes and access to Your computer and Equipment. You may use the Software only in connection with the Service and for no other purpose. Certain Software may be accompanied by an end user license agreement (“EULA”) from Service Provider or a third party. Your use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA. For Software not accompanied by a EULA, you are hereby granted a revocable, non-exclusive, non-transferable license by Service Provider or its applicable third party licensor(s) to use the Software (and any corrections, updates and upgrades thereto). You may not make any copies of the Software. You agree that the Software is confidential information of Service Provider or its third-party licensors and that You will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Service Provider or its third-party licensors. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that Service Provider or its third-party licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades to it. The Software may be used in the United States only, and any export of the Software is strictly prohibited. Your license to use the Software or any additional services will remain in effect until terminated by Service Provider or its third-party licensors, or until your Service is terminated. Upon termination of your Service, You must cease all use of and immediately delete the Software from Your computer.
If You subscribe to or otherwise use any third-party services offered by Service Provider, Your use of such services is subject to the EULA of that third-party provider. Violation of those terms may, in our sole discretion, result in the termination of Your Service.
8. Pricing, Billing, Changes to Service Plans, Payment.
Services provided by Service Provider are billed on the first day of the month for the next month, in advance. All invoices are due and payable at 109 W. Putnam Street, Ganado, Texas, on the 15th day of each month unless otherwise specified on the current invoice. Billing commences on the day Services are ordered and will be pro-rated based on the start date. Accounts that have not been paid by the 25th of the month are subject to service interruption.
Non-use of the Service does not eliminate financial responsibility. Customer is responsible for notifying Service Provider in advance when billing and access to the network should cease. Until such notice has been given, Customer is responsible for charges incurred up to that date.
You agree to pay the monthly fees applicable to your Service, and to pay: a) applicable taxes, b) surcharges, c) recovery fees, d) activation fees, e) installation fees, f) set-up fees, g) equipment charges, h) lease charges, i) ETFs, and j) other recurring and nonrecurring charges. The taxes, fees and other charges detailed in a)-d) above may vary on a monthly basis. Surcharges and recovery fees are not taxes and are not required by law, but are set by us and may change. You also agree to pay any additional charges or fees applied to Your account, including interest and charges due to insufficient credit or insufficient funds. Non-recurring charges such as set up, activation, and installation fees will be included in your first bill. Monthly Service recurring charges will be billed one month in advance; any usage charges will be billed in arrears.
Customer shall be liable for the list price for any unreturned Equipment. For Customers participating in a lease program, Service Provider will repair or replace any damaged leased Equipment (e.g., Internet modem or wireless gateway) at no cost to You; however, Service Provider reserves the right to charge You for the list price of the Equipment, not repair the Equipment, or terminate the Service for damaged Equipment that is caused, in Service Provider’s sole determination, by the intentional or repeated careless or negligent acts or omissions of You or a third party.
All lease charges for any Equipment are per month, per device. Any Equipment received may be new, repaired, or refurbished. You must subscribe to Service Provider’s Internet service to participate in the lease modem program. Shipping charges will be incurred by You for the mailing of damaged Equipment, Equipment needing repair, or when returning Equipment, unless Service Provider provides You with a pre-paid shipping label. If installation of Equipment is completed by Service Provider, an installation charge will also apply to You, unless otherwise agreed to by Service Provider or waived as part of a promotion or plan. Based on Your election and subject to our approval, Service Provider or its agent will bill you directly. Billing for broadband service will automatically begin on the date provisioning of Your broadband service is complete (“Service Ready Date”). The leased equipment is the property of Service Provider. Upon cancellation of Service, Customer must return the leased modem or wireless gateway within 14 days. We may, at our election, waive any fees or charges. If You wish to cancel Your Service, You may do so by calling Service Provider at 1-361-771-3334. Pricing Plans with Minimum Terms. You agree to maintain your Service for the month-to-month term or two-year term (“Two Year Term”) that applies to the plan You have selected. Your Two Year Term begins on the later of: (a) the date You change your existing broadband service plan to a Two Year Term; or (b) Your Service Ready Date. At the end of any Two Year Term, You may be given the option to select a new Two Year Term, or any other term plan existing at the time of renewal. If You do not select a new term plan, Your Service will automatically convert to a month-to-month term at a monthly fee that may be higher than your current rate. If You select a new term plan, the terms of that plan will apply. Bundle Discounts. Some plans may offer a discount on the Service if You sign up for other services (“Bundle Discount”). You agree to maintain your Service and any bundled services for the applicable term of the Term Plan or Bundle Discount, as applicable. Pricing for Term Plans and Bundle Discounts. If You signed up for a term plan or a bundle discount, the price under the applicable plans is valid until one of the following events occurs, at which time the price of your Service may revert to the then-existing price for such Service: (1) the term of Your plan expires; (2) You change your current Service address to another Service address; (3) You drop one of the services that you were required to purchase to receive the special rate; or (4) Service Provider exercises a right under this Agreement to terminate Your account’s (or any associated sub account’s) use of the Service. Suspension or Discontinuation of Service for Nonpayment. We may suspend or discontinue Service without notice if You fail to make payment when due for either telephone or Internet Service charges, or if Your payment method (i.e., personal check, credit or debit card) is refused for any reason. If Your Service is suspended or discontinued for non-payment, we may charge you a reconnection fee to resume Service. Late Fees. If any portion of Your bill is not paid by the due date, we may charge You a late fee on unpaid balances and may also terminate or suspend your Service without notice. If Your charges are billed by Your Service Provider local exchange carrier, the late fee will be equal to the late payment charge that the local exchange carrier applies. Otherwise, the late fee will be the lesser of 1.5 % per month, or the highest rate permitted by law. If we use a collection agency or legal action to recover monies due, You agree to reimburse us for all expenses we incur to recover such monies, including attorneys’ fees. Deposits. We may require that You provide us with a refundable deposit (“Customer Deposit”) prior to the provision of Service. We may also require an additional deposit after activation of the Service if You fail to pay any amounts when due. Within ninety (90) days of termination of service, we shall return a sum equal to the Customer Deposit, without interest unless otherwise required by law, minus any amounts due on your account including, without limitation, any amounts owed to us for unreturned or damaged equipment, if applicable. If You fail to pay for the Service when due, we may use the deposit to satisfy amounts due without giving you notice.
9. Termination or Suspension of Service.
Month-to-Month Accounts for Broadband. If You are a month-to-month customer, either You or Service Provider may terminate this Agreement at any time by giving notice to the other as set forth in this Agreement. Termination will be effective upon Your notice to Service Provider. Activation or set-up fees paid at the initiation of Your Service, if any, are not refundable. Broadband Service Term Plans; Early Termination Fee. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IF YOUR BROADBAND SERVICE IS TERMINATED BY YOU OR BY SERVICE PROVIDER BEFORE COMPLETING YOUR TERM PLAN, THEN YOU AGREE TO PAY US THE EARLY TERMINATION FEE AS SET FORTH IN THE PRICING PLAN YOU HAVE CHOSEN.Termination and/or Suspension by Service Provider. Service Provider reserves the right to change, limit, terminate, modify or temporarily or permanently cease providing the Service or any part of them for any reason and at any time, with or without prior notice, in accordance with the Agreement or if You violate any terms of the Agreement. If Service Provider terminates Your Service, You must immediately stop using the Service and you will be responsible for all applicable fees and/or Equipment charges. If Your Service is reconnected, a reconnection fee may apply. Deletion of Data upon Termination. YOU AGREE THAT IF YOUR SERVICE IS TERMINATED FOR ANY REASON, WE HAVE THE RIGHT TO IMMEDIATELY DELETE ALL DATA, FILES AND OTHER INFORMATION (INCLUDING EMAILS, ADDRESS BOOK, AND WEB STORAGE CONTENT) STORED IN OR FOR YOUR ACCOUNT WITHOUT FURTHER NOTICE TO YOU. Return of Equipment upon Termination. If Your Service is terminated for any reason and you received Equipment at no charge from Service Provider or it is leased, You must return the Equipment to Service Provider within 14 days of the disconnect date or You will be charged for the Equipment. If request for Service is cancelled before installation, no charges will apply for the leased Equipment. Service Provider is not obligated to uninstall or otherwise retrieve the leased Equipment; all returns are responsibility of Customer.
10. Management of Your Data and Computer; Use of Third Party Services.
Your Responsibilities Regarding Management of Your Computer and Data. You are solely responsible for obtaining, maintaining, and updating all equipment and software necessary to use the Service, and for management of Your information, including but not limited to back-up and restoration of Your data. YOU AGREE THAT SERVICE PROVIDER IS NOT RESPONSIBLE FOR THE LOSS OF YOUR DATA OR FOR THE BACK-UP OR RESTORATION OF YOUR DATA REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON OUR SERVERS OR YOUR DEVICE(S). YOU SHOULD ALWAYS BACK-UP ANY IMPORTANT INFORMATION SEPARATELY FROM DATA STORED ON SERVICE PROVIDER’S OR ANY THIRD PARTY’S SERVERS. Content and Data Management by Service Provider: We reserve the right to: (a) use, copy, display, store, transmit, and reformat data transmitted over our network and to distribute such content to multiple Service Provider servers for back-up and maintenance purposes; and (b) block or remove any unlawful content You store on or transmit to or from any Service Provider server. We do not guarantee the protection of Your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
11. Limitations on Use of the Service.
You acknowledge and agree that Service Provider (a) is not responsible for invalid destinations, transmission errors, or the corruption of Your data; and (b) does not guarantee Your ability to access all websites, servers or other facilities or that the Service is secure or will mees, servers or other facilities or that the Service is secure or will mee sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Service by children is Your responsibility and that we are not responsible for access by You or any other users to objectionable or offensive content. WE STRONGLY RECOMMEND THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE. Websites linked to or from the Service are not reviewed, controlled, or examined by Service Provider and you acknowledge and agree that we are not responsible for any losses you incur or claims you may have against the owner of third party websites. The inclusion of any linked websites or content from the Service, including websites or content advertised on the Service, does not imply endorsement of them by Service Provider. You are not authorized to use any Service Provider name or mark as a hypertext link to any Service Provider web site or in any advertising, publicity or in any other commercial manner without the prior written consent of Service Provider. You agree that Service Provider assumes no responsibility for the accuracy, integrity, quality, completeness, usefulness or value of any Content, advice or opinions contained in any emails, message boards, chat rooms or community services, or in any other public services or social networks, and that Service Provider does not endorse any advice or opinion contained therein, whether or not Service Provider provides such service(s). Service Provider does not monitor or control such services, although we reserve the right to do so. You represent that when you transmit, upload, post or submit any content, images or data using the Service You have the legal right to do so and that Your use of such data or content does not violate the copyright or trademark laws or any other third party rights.
12. Warranties and Limitations of Liability.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY SERVICE PROVIDER (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), SERVICE PROVIDER (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SERVICE PROVIDER PARTIES”), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON- INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SERVICE PROVIDER OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. SERVICE PROVIDER DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF WE HAVE ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR SERVICE PROVIDER SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY EQUIPMENT PROVIDED BY SERIVCE PROVIDER). SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY SERVICE PROVIDER WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. S ERVICE PROVIDER SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICE REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE AND/OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE AND/OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL SERVICE PROVIDER OR SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. THE LIABILITY OF SERVICE PROVIDER, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSOR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO SERVICE PROVIDER’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Service Provider from and against all liabilities, costs and expenses, including reasonable attorneys’ and experts’ fees, related to or arising from Your use of the Service (or the use of your Service by anyone else), (a) in violation of applicable laws, regulations or this Agreement; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (c) 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 (including data) property; or (d) claims for infringement of any intellectual property rights arising from or in connection with use of the Service.
Notices required under this Agreement by You must be provided to us at the address below. Notice by Service Provider to You (including notice of changes to this Agreement under Section 3 of this Agreement shall be deemed given when: (a) transmitted to your primary email address provided by Service Provider or (b) mailed via the US mail or hand-delivered to your address on file with us.
YK Communications, Ltd.
109 W. Putnam, P.O. Box 329
Ganado, Texas 77962
If you send us an email, you agree that the User ID and/or alias contained in the email is legally sufficient to verify You as the sender and the authenticity of the communication.
15. Customer Service Support.
Service Provider provides free basic customer care for Service purchased from Service Provider and covered under this Agreement. Although Service Provider reserves certain rights related to equipment necessary to receive the Service and will repair or replace damaged equipment as Service Provider deems necessary as may be set forth herein, Service Provider does not provide support for devices that access the Service under this Agreement.
16. General Provisions.
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to Limitation of Liability and Indemnification, shall survive such termination. You may not assign or otherwise transfer this Agreement, or your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this Agreement with or without notice and You agree to make all subsequent payments as directed. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the state of Texas, without reference to its choice of law rules. Service Provider’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. This Agreement, including all Policies referred to herein and posted on Service Provider’s website, constitutes the entire agreement between You and Service Provider with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by You to this Agreement shall be effective unless agreed to in a writing signed by an authorized person at Service Provider.
YOU AND SERVICE PROVIDER AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR SMALL CLAIMS COURT. YOU AND SERVICE PROVIDER AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, THERE IS NO JUDGE OR JURY BUT AN ARBITRATOR CAN AWARD YOU OR SERVICE PROVIDER THE SAME DAMAGES AND RELIEF AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS’ FEES THEN AN ARBITRATOR CAN AWARD THEM AS WELL. YOU AND SERVICE PROVIDER ALSO AGREE THAT THE FEDERAL ARIBTRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM THE SERVICES PROVIDED TO YOU FROM SERVICE PROVIDER WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOICATION (“AAA”). YOU MAY ALSO BRING ANY DISPUTES YOU HAVE TO THE BETTER BUSINESS BUREAU (“BBB”), ATTENTION OF FEDERAL, STATE OR LOCAL AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST SERVICE PROVIDER FOR YOU. IF YOU OR SERVICE PROVIDER INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST PROVIDE WRITTEN NOTICE OF THE DISPUTE AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE SHOULD BE SENT ACCORDING TO SECTION 14 ABOVE.
In the normal course of providing your telephone service, YK Communications and its family of companies maintains certain information about your account. This information, when matched to your name, address, and calling or originating billing telephone number, is known as “Customer Proprietary Network Information” or CPNI for short. Examples include the type of line you have, technical characteristics (like Touch-tone or Rotary), class of service, current telephone charges, long-distance or local billing records, directory assistance charges, usage date, and calling patterns.
The Company may use your CPNI to market our services to you. However the Public Utility Commission of Texas has adopted new rules stating that a Company may not use your CPNI to market certain telephone services or features to you if you have requested that the CPNI be considered “restricted’ for this purpose. These services or features are those that may be available to you from a source other than our Company. If you wish to have your CPNI considered “restricted,” at no charge call us at 361-771-3334 during weekday business hours, and tell us that you wish to restrict our use of your customer information, and the restriction will remain in effect until you notify us otherwise. Whether or not you choose to restrict access to your CPNI will in no way affect the provision of any services you subscribe to.
Please know that restricting your CPNI will not eliminate all of our marketing contacts with you. You can still receive marketing contacts from us that are not based on your CPNI. Also, we are permitted to use your CPNI to contact you about telephone services offers that are not available to you from another source.
Finally, even if your CPNI is restricted, we may still use it to market those telephone services or feature that may be available to you from a source other than us if you contact us and ask about such service. Denial or approval of the use of CPNI will remain effect unless notified otherwise by the customer.
YK Communications will not share or sell your information to anyone outside of our family of companies.
The Carriers listed below have approved Interconnection Agreements with YK Communications.