1. Services. Services provided by Valu-Net LLC (ValuNet) are for the use of Customer’s officers, directors, employees, agents, and affiliated entities only. Use of Services constitutes acceptance and agreement to the Terms of Service as stated herein. Customer understands ValuNet will use reasonable efforts: (a) to provide the Services by the date requested, (b) to prevent Service interruptions, and (c) to restore the Services when Service interruptions occur. Customer is responsible for all use of the Services, whether or not authorized by Customer. Terms and conditions specific to each service are contained in Service Supplements as may be issues with a specific service.
2. Force Majeure. Services will be provided by ValuNet and its affiliates, subject to availability and conditions generally beyond the control of ValuNet , including, but not limited to, the type and condition of Customer’s equipment and facilities; failures caused by connectivity or equipment at Customer’s premises; fire; flood; war; strikes; cable cuts; acts of terrorism; explosions; loss of power; local access restrictions; acts of third parties, third party services or products; or acts of God, all commonly referred to as Force Majeure events. Services may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted because of equipment modifications, upgrades, relocations, repairs, and similar activities. ValuNet will use commercially reasonable efforts to notify Customer of any scheduled maintenance, but may need to interrupt Services without notice or compensation to Customer. ValuNet operates and maintains Services up to the demarcation point at the Customer premises only.
3. Pricing. Customer agrees to pay ValuNet’s published recurring and non-recurring charges for Services ordered. Any charges set forth herein or in any proposal or quotation are exclusive of taxes, surcharges, assessments, or other fees. Term pricing may not be combined with any other offer except as provided herein. No discount offered, if any, shall apply to taxes, surcharges, assessments, or other fees (including, but not limited to promotional credits, installation charges, nonrecurring charges, special construction or CPE charges, pass-through charges, access and port charges, taxes, municipal and franchise fees, governmental and regulatory surcharges and assessments, line recovery charges, interexchange access charges, or E-911 fees). Any new Services added following the initial order will reflect ValuNet’s published rates that are in effect at the time the new Services are ordered. The new rates will only apply to newly-added Services unless otherwise stated. ValuNet reserves the right to adjust Customer pricing upon thirty (30) days’ notice.
4. Term and Termination. Services will be provided for a minimum Initial Term of thirty (30) days. Should Customer continue to use Services following expiration of the Initial Term, such Services will be provided on a month-to-month basis under the terms of this Agreement until disconnected unless customer has entered into a valid Term-Plan with ValuNet.
If customer fails to perform any of its obligations hereunder, does not cure such breach within thirty(30)days after written notice thereof from ValuNet or, if Customer becomes insolvent or bankrupt, ValuNet, in addition to all other rights it may have under law or its Agreement, shall have a right (i) to declare all amounts to be paid by Customer during the remaining term hereof immediately due and payable, (ii) to cease providing services to Customer and, (iii) immediately to enter the Premises and take possession of all ValuNet-owned equipment without liability to Customer therefore and without relieving Customer of its obligations under this Agreement. Customer shall reimburse ValuNet for all costs and expenses, including reasonable attorney’s fees and court costs, incurred in connection with ValuNet’s exercise of its rights under this Agreement.
5. Move or Transfer of Service. If Customer relocates to another location in a ValuNet market where the same Services are available, Customer may move Services to the new location, subject to payment of installation charges for the new location, if applicable; however, pricing may vary by location, and Customer’s rates may increase or decrease. . Services may not be transferred, resold, or assigned, by operation of law or otherwise, without ValuNet’s prior written approval. Any attempted assignment or transfer without ValuNet’s prior written approval shall be void.
6. Installation and Maintenance of ValuNet Equipment. Customer herby grants to ValuNet the right to install all equipment necessary for delivering services to Customer. Customer, at no cost to ValuNet, shall secure throughout the term of service from building owners, managers, government authorities or any other parties any easements, leases, licenses, right of entry agreements of any other agreements necessary to allow ValuNet to use existing pathway into and in each Building.
ValuNet –owned equipment provided to Customer hereunder shall be maintained by ValuNet in good operating condition. Such maintenance obligation is contingent upon Customer notifying ValuNet, in a timely manner, when repair or maintenance is necessary. Except for ValuNet’s maintenance obligations as set forth herein, Customer shall indemnify ValuNet and hold it harmless from and against any and all losses, claims and expenses relating to the equipment provided hereunder to Customer, including without limitation, losses, caused by accident, fire, and theft or misuse of equipment. Customer shall provide ValuNet with reasonable access to the Premises during normal hours for purposes of performing required maintenance. Customer shall be responsible for any and all damages, physical or otherwise to all ValuNet owned equipment installed at the Customers premise. ValuNet shall retain ownership of all equipment provided hereunder, including all data transmission equipment, drop and fiber optic material required to provide Service to the Customer. Customer shall not, directly or indirectly, sell, mortgage pledge or otherwise dispose or encumber ValuNet-owned equipment provided to Customer, nor shall it change the location of, tamper with, damage, mishandle or alter in any manner such equipment. Customer also shall not relocate ValuNet owned equipment within its Premises. In addition, if customer decides to move Premises, Customer shall notify ValuNet of its move. ValuNet will relocate the ValuNet-owned equipment for Customer within Customer’s Premises or, in accordance with Section 5, to another Premises; Customer acknowledges that it may incur additional charges for such relocation. Customer shall return all CPE to ValuNet within ten (10) days of termination of Service for any reason. Equipment returned after ten (10) days will not be credited toward Customer’s account and Customer will be responsible for full replacement costs. Customer shall be responsible for ensuring that no liens attach to such CPE, and shall immediately cause any such liens to be removed at its expense upon request.
6.1 Getting Started with ValuNet. Once ValuNet schedules installation and agrees upon an installation time with Customer, Customer must be present with facilities available and fully accessible. If ValuNet ’s technician arrives at the location and Customer is not present or facilities are not available or accessible or Customer otherwise cancels or postpones installation without a 24-hour notice to ValuNet , ValuNet reserves the right to assess a “Customer Missed Call” trip charge of one hundred dollars ($100) per missed site visit. Customer’s first invoice from ValuNet will include a partial month of Service plus a full month of Service in advance. Customer’s first invoice may contain charges for only a portion of the Services requested. It may take up to three (3) billing cycles until charges for all Services requested appear on the invoice, as is industry standard. After the initial billing cycles, Customer’s invoice will include charges for one month of Service for all requested Services, including any usage charges. Customer should receive a final invoice from its existing local, long distance, and/or data service provider(s) that ValuNet is replacing. Customer will be responsible for paying any charges resulting from the early termination of a service contract with existing provider(s), if applicable. Customer may have a refund coming from existing providers, so open all correspondence received. ValuNet may assist in communication with Customer’s existing provider(s) regarding Services to be converted to ValuNet; however, Customer is responsible for any and all charges from any other provider and shall immediately advise ValuNet if its prior provider(s) continue to bill Customer for services following conversion to ValuNet. All ValuNet charges and savings quoted are before taxes, surcharges, assessments, or other fees are applied. If ordering voice mail Services, Customer should carefully review the information provided by the ValuNet representative at time of sale.
7. Governing Law. These Terms of Service are subject to applicable laws of the State of Kansas and the review and approval of the regulatory agencies with jurisdiction over the location in which Services are furnished as well as ValuNet tariffs filed with the Kansas Corporation Commission. This Agreement shall be governed by, construed under, and enforced in accordance with, the substantive laws of the state of Kansas. Customer agrees that the exclusive venue for any dispute between Customer and ValuNet shall be the federal district and state circuit or district courts sitting in Lyon County, Kansas.
In the event a governmental agency determines this document or any portion hereof violates any law, rule or regulation, ValuNet shall have the option of terminating these terms without further obligation or revising to comply with such law, rule or regulation. If any portion is determined to be invalid or unenforceable, the remainder of these terms shall remain in full force and effect.
8. Limitation of Liability. UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT VALUNET SHALL NOT BE LIABLE TO CUSTOMER FOR AN DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IN VALUNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING DIRECTLY OR INDIRECTLY FROM: (a) THE USE OR INABILITY TO USE THE SERVICE; (B) UNAUTHORIZED ACCES TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTIN ON THE SERVICE; OR (D) ANY OTHER MATTER RELATING TO VALUNET’S SERVICE OR EQUIPMENT. Customer shall indemnify, defend and hold harmless the Company (including the cost of reasonable attorney’s fees) against:
(a) Claims for libel, slander, infringement of copyright or unauthorized use of any trademark, trade name or service mark arising out of the material, data, information, or other content transmitted over the Company’s facilities or equipment.
(b) Claims for patent infringement arising from combining or connecting the Company’s facilities or equipment with facilities, equipment, apparatus or systems of the Customer; and
(c) All other claims (including, without limitation, claims for damage to any business or property, or injury to, or death of, any person) arising out of any act or omission of the Customer, the Customer’s agents or Authorized Users, in connection with any service or facilities or equipment provided by the company.
Under no circumstances whatsoever shall the Company or its officers, directors, agents, or employees be liable for indirect, incidental, special or consequential damages.
Collection of Information
This website collects various types of information, such as:
- Voluntarily provided information which may include: your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested.
- Information automatically collected when visiting our website, which may include cookies, third party tracking technologies, and server logs.
Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site.
We may also gather information about the type of browser you are using, IP address or type of operating system, to assist us in providing and maintaining superior quality service. It is highly recommended that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of, and share information collected.
Use of Information Collected
Valu-Net, LLC may collect and make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from Myvalunet.com . Valu-Net, LLC may also be in contact with you in regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
Valu-Net, LLC does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties.
Valu-Net, LLC may deem it necessary to follow websites and/or pages that our users may frequent in an effort to understand what types of services and/or products may be the most popular to our customers or the general public.
Valu-Net, LLC may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:
- Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon Valu-Net, LLC and/or our website;
- Maintain, safeguard and/or preserve all the rights and/or property of Valu-Net, LLC; and
- Perform under demanding conditions in an effort to safeguard the personal safety of users of Myvalunet.com and/or the general public.
Children Under Age of 13
Valu-Net, LLC does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
Unsubscribe or Opt-Out
All users and/or visitors to our website have the option to discontinue receiving communication from us by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to firstname.lastname@example.org. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.
Links to Other Web Sites
Valu-Net, LLC shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information. The website is also secured by VeriSign.
Acceptance of Terms
How to Contact Us
Telephone Number: 620-208-5000
2914 W HWY 50
Emporia, Kansas 66801
By accessing the Internet through any facility owned or operated by Valu-Net, LLC, or any of its affiliates (“ValuNet”), a Subscriber, on or behalf of itself or any of its Users (as those terms are defined below), agrees to the terms of this Acceptable Use Policy agreement (the “Agreement”). Policies may be updated by Valu-Net, LLC from time to time as reflected on this webpage. Subscriber should review this webpage from time to time for policy updates.
“Service” means access to the Internet (depending on the rate plan selected by the Subscriber). “Subscriber” means the individual, corporation, or legal entity that incurs usage charges for the Service and utilizes the Service for its own internal use. “User” means an individual within Subscriber’s corporation or other legal entity who uses the Service and whose usage charges are incurred by Subscriber.
2. Acceptable Use of Internet Services
The Service may be used for World Wide Web browsing, sending, receiving and reading electronic mail, transferring files via the file transfer protocol or similar Internet protocol. At all times Subscriber shall be responsible for any use of the Service by its Users.
Valu-Net, LLC is under no obligation to monitor usage, bandwidth, transmissions and content of the Service or to notify Customer of excessive usage. Subscriber is solely responsible for monitoring its usage, bandwidth, transmissions and content periodically to (1) comply with all laws, regulations and government requests, (2) to operate the Service properly, and (3) to protect itself, its network and its Users.
3. Prohibited Activities
In connection with the use of the Service, the Subscriber and its users shall comply with the terms and conditions of this Agreement and with all applicable laws and regulations, including; without limitation, the Digital Millennium Copyright Act (DMCA).
- a. Without limiting the generality of the foregoing, Subscriber and its Users shall not use the Service in a manner that interferes with or threatens to jeopardize Valu-Net, LLC’s network or the use of the Service by any of Valu-Net, LLC’s customers, and Subscriber shall not use the Service:
- i. To make foul or profane expressions, or to impersonate another person with fraudulent or malicious intent, or to annoy, abuse, threaten, or harass that person.
- ii. To create or distribute chain letters or other types of Ponzi or pyramid schemes of any type.
- iii. To send unsolicited mail messages, including the sending of junk mail or other advertising material, to individuals who did not specifically request such material, who were not previous customers of Subscriber or with whom Subscriber does not have an existing business relationship (spam); or distributing, advertising, web hosting or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited commercial E-mail or spam.
- iv. To transmit or upload material, information, messages, data or images that are libelous or defamatory, or that violate any privacy right, threaten physical harm or property damage, or that violate state, local or federal laws, including but not limited to, laws governing obscenity, pornography, intellectual property, or the transmission of copyrighted material or trade secrets unless possessing the appropriate and necessary rights to do so.
- v. To cause or attempt to cause security breaches or disruptions of Internet communication or service. (Examples of security breaches include, but are not limited to, accessing data of which Subscriber is not an intended recipient, or logging in to a server or account that Subscriber is not expressly authorized to access. Examples of disruptions include, but are not limited to, port scans, ping floods, denial of service attacks, packet spoofing, and forged routing information); or
- vi. to conduct or solicit the performance of any illegal activity or to conduct any other activity that infringes the rights of Valu-Net, LLC or any other party.
- b. Subscriber and its Users shall not cause harm to the equipment, software, or processes used in connection with furnishing the Service, whether owned or operated by Valu-Net, LLC or other entities.
- c. Upon any notice of alleged copyright infringement by a Subscriber, Valu-Net, LLC shall have the right to immediately remove the allegedly infringing content or temporarily disable the Subscriber’s webpage and or assigned I.P address(s). Valu-Net, LLC will notify Subscriber if such action is taken. Reinstatement may occur upon receipt by Valu-Net, LLC’s designated agent of a counter notice delivered in accordance with the copyright infringement provisions of the Digital Millennium Copyright Act. Repeat infringers’ accounts will be terminated with no reinstatement:
Valu-Net, LLC exercises no control over the content of the information passing through Valu-Net, LLC’s network and accessed through the Service. Valu-Net, LLC has no duty to monitor, review, remove, or edit any material passing through or residing on its network or servers, although Valu-Net, LLC reserves the right to do so. Some sites contain information that Subscriber or its Users may consider obscene or harmful. Valu-Net, LLC shall not be responsible in any manner and to any extent for sites or postings that might be considered obscene, offensive, harmful, or illegal. Subscriber is responsible for its own monitoring and viewing habits, and for those of its Users, including minors. Valu-Net, LLC makes no warranties of any kind, whether express or implied, about the content of the information passing through its network or accessed by the Subscriber or its Users through the Service. Use of any information obtained through the Service is at the sole risk of the Subscriber and its Users. Valu-Net, LLC specifically disclaims any responsibility for the accuracy or quality of information obtained through the Service.
Subscriber shall be responsible for the proper installation, operation, and maintenance of any equipment not supplied by Valu-Net, LLC that is used by Subscriber or its Users in connection with the Service. Subscriber shall ensure that such equipment is technically and operationally compatible with the Service and in compliance with applicable laws and regulations.
6. Violations of this Policy
If Valu-Net, LLC receives notice from a third party, or if Valu-Net, LLC reasonably believes that a Subscriber or any of its Users has violated any of the terms of this Agreement (including, without limitation, for failure to pay for the Service when due), then Valu-Net, LLC shall have the right, in its sole discretion, without prior notification to Subscriber or its Users, without limiting any other rights or remedies Valu-Net, LLC might have, and without incurring any obligation or liability to Subscriber or its Users, to temporarily discontinue furnishing Service to Subscriber or its Users, in whole or in part, or to terminate this Agreement. Valu-Net, LLC may charge a reconnect fee for any discontinued Service that is subsequently reconnected. Subscriber shall defend, indemnify and hold harmless Valu-Net, LLC, its officers, directors, agents and vendors, from and against any claims, damages, losses or expenses (including, without limitation, attorneys’ fees and costs) incurred in connection with all claims, suits, judgments and causes of actions for damages arising from any breach by Subscriber or its Users of any provision of this Agreement.