Terms of Service
RT21.NET

Broadband Internet Access Service

IMPORTANT NOTICE: THESE TERMS AND CONDITIONS AND THE ADDITIONAL PROVISIONS BELOW APPLY TO RT21.NET BROADBAND INTERNET ACCESS SERVICE (“INTERNET ACCESS SERVICE”), AND ANY RELATED OPTIONAL SERVICES (“OPTIONAL SERVICES”). BY ACTIVATING OR USING SUCH RT21.NET SERVICE OR EQUIPMENT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE ADDITIONAL PROVISIONS BELOW, EACH OF WHICH MAY BE AMENDED FROM TIME TO TIME BY RT21.NET WITHOUT NOTICE. PLEASE READ THESE TERMS AND CONDITIONS AND THE ADDITIONAL PROVISIONS BELOW CAREFULLY AS THEY, AMONG OTHER THINGS, ESTABLISH YOUR LIABILITY FOR THE EQUIPMENT (Section 7), REQUIRE A TERM COMMITMENT, IMPOSE EARLY TERMINATION FEES (Section 26), AND REQUIRE MANDATORY ARBITRATION OF DISPUTES (Section 40). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE ADDITIONAL PROVISIONS BELOW, YOU MAY NOT USE ANY RT21.NET SERVICE OR EQUIPMENT.

This is a binding agreement between you (customer signing) and RT21.NET (“RT21.NET”, “we,” “our,” or “us”) for the use of RT21.NET’s Internet Access Service together with any Optional Services (individually and collectively, the “Service” as applicable) in accordance with the order form submitted by you to RT21.NET (the “Order Form”), the Terms and Conditions set forth below (the “Terms”), and RT21.NET’s Acceptable Use Policy and such other policies as RT21.NET may adopt (collectively, “Policies”), each as they may be amended from time to time and as may be posted from time to time at the RT21.NET website at www.rt21.net or on another website about which you have been notified. Additional terms, restrictions, and limitations may be set forth in authorized service plan descriptions provided to you by RT21.NET or posted at www.rt21.net or on another website about which you have been notified (each, a “Service Plan”), and all such terms, restrictions, and limitations are incorporated herein by reference and you agree these are binding upon you.

1. 1. Agreement Governing Use of Service. These RT21.NET Terms, the Order Form, Policies, including any RT21.NET materials you received in connection with your account, and the Service Plans together constitute your agreement between you and RT21.NET (together, the “Agreement”), and govern the use of the Service. In the event of a direct inconsistency, except as otherwise expressly stated in any of the foregoing, the Terms will control. You do not have the authority to vary, alter or amend any of the provisions of this Agreement. The provisions of this Agreement will control over any statement appearing as a restrictive endorsement or other language which purports to modify a right, obligation or liability of either party on any document you may send to RT21.NET. Current versions of RT21.NET’s Terms, applicable Policies, and Service Plans can be found at www.rt21.net. As these provisions of the Agreement may be updated from time to time, you agree to regularly check your postal mail, e-mail and all postings on the RT21.NET website at www.rt21.net or on another website about which you have been notified. This Agreement applies to you and to anyone who uses the Service or Equipment leased to you. You agree RT21.NET may change the provisions of the Agreement from time to time, and agree that electronic notices to you will be considered given and effective on the date posted to the “Service Announcements” section of RT21.NET’s website (currently located at http://www.rt21.net). Such changes will become binding on you on the date posted to the RT21.NET website and no further notice by RT21.NET is required.
   

2. 2.Acceptance of Agreement by Use/Activation. You acknowledge that you have read and understood, and you agree to, each of the provisions of the Agreement, and you represent and warrant that you are of legal age and authorized to enter the Agreement and to accept and agree to become bound by the terms of the Agreement. The Agreement applies to you and to anyone who uses the Service. By (a) initiating, activating or using the Service, and/or (b) providing or authorizing a written or electronic signature or otherwise so indicating electronically, you will have been deemed to have accepted the current version of the provisions of the Agreement (i.e., the Order Form, the Terms, your Service Plan, and the Policies) (or ratified any previous consent to the same). If you do not agree to the provisions of the Agreement, you may not use the Service.
   

3. 3.Service, Payments and Invoices. You agree to purchase and pay for the Service identified in the Order Form, which will be binding on you together with other provisions in the Agreement if signed with a written or electronic signature delivered to RT21.NET or its agent, if you electronically accept the provisions, either directly or indirectly (e.g., by requesting another, including RT21.NET or its agent, to do so on your behalf), or by your activation or use of the Service through the Equipment or otherwise.
   a. Credit, Debit and Check Card Payments. Upon accepting your Order Form, RT21.NET will bill you for the Equipment (defined below), installation fees and activation fees, including any Optional Services (as applicable), and will bill you (or notify you of charges to be applied to your credit, debit or check card (“Card”) up to thirty (30) days in advance of the first day of the month for which the charges relate thereafter for recurring monthly charges during the Initial Term and any Renewal Term(s). You agree to pay all of the fees and charges described in the Agreement. In addition to the charges for Service, you will be responsible for all applicable federal, state, and local taxes, surcharges and fees applicable to the Service. Unless otherwise agreed in advance through a written or non-electronic communication between you and RT21.NET, RT21.NET will bill you for all fees and charges relating to the Equipment, installation or the Service by charging the Card account you authorized and provided to RT21.NET (if your Card issuer is acceptable to RT21.NET). Your card issuer agreement governs use of the Card in connection with the Service, and you must refer to that agreement with respect to your rights and liabilities as a cardholder. You will promptly notify RT21.NET of any changes to your Card account information, or in the event that the Card is terminated or you decide to change Card accounts. Fees and charges for Service are contained in the Order Form, and may be modified by RT21.NET with thirty (30) days written notice to you, including notice by electronic mail. Your use or ability to use the Service for more than twenty (20) days after notice of any modified charges constitutes your agreement to accept the modified charges. You will remain responsible for all charges not honored by your Card issuer. Delinquent accounts are subject to immediate suspension or termination of the Service at the sole discretion of RT21.NET. In the event of such suspension or termination, all fees and charges (including Early Termination Fees as set forth in Section 26) will become immediately due, and RT21.NET will be at liberty to pursue all rights and remedies it may have at law or in equity. RT21.NET will attempt to notify you on a commercially reasonable basis in advance of suspension, termination, and collection actions, but you agree RT21.NET is not required to make contact prior to taking such actions. RT21.NET may, but is not required to, reactivate your Service after Service has been suspended or terminated. Before service may be reactivated, you must pay to RT21.NET all past due amounts and late payment fees plus a reactivation charge per account and applicable taxes. RT21.NET may modify the terms of Service before reactivating your Service and may require you to provide us with a deposit.
   b. Cash and Check Payments. RT21.NET may make the Service available through advance cash and check payments (“Cash/Check Payments”) instead of Card payments. Upon accepting your Order Form for Cash Payments, you will prepay Three (3) months in advance for the Service (including any Optional Services, as applicable), and any applicable fees for Equipment (defined below), installation fees, activation fees, and other applicable fees. Within no later than seven (7) days prior to the end of each three-month period during the Initial Term and any Renewal Term(s), you agree to prepay an additional month in advance for the Service (and including any applicable Optional Services and Equipment (defined below) and other applicable monthly fees), and to continue such payments in advance of each subsequent monthly period for the Service during the Initial Term and any Renewal Term(s). RT21.NET may discontinue Cash/Check Payments for the Service at any time in its sole discretion. Except to the extent prohibited by law, RT21.NET may change the amount of the Deposit, and your Deposit may be commingled with other funds and will not earn interest. You may not use the Deposit to pay your bills or delay payment, but RT21.NET may apply the Deposit to any fees or charges that you owe RT21.NET. If Service is terminated for any reason, any Deposit will be applied toward amounts you owe RT21.NET at or after termination. Any remaining Deposit will be returned to you at your billing address. You are responsible for providing correct and updated billing address information to RT21.NET. Except to the extent prohibited by law, RT21.NET will not refund any Deposit balances of $5 or less unless you contact us in writing to request it. RT21.NET will hold any unused balance of the Deposit for you for up to one (1) year (without accruing interest for your benefit), but you forfeit to us any portion of the money left after one (1) year. You also forfeit any money that the U.S. Mail cannot deliver and returns to us. You agree to pay all of the fees and charges described in the Agreement. In addition to the charges for Service, you will be responsible for all applicable federal, state, and local taxes, surcharges and fees applicable to the Service. Fees and charges for Service are contained in the Order Form, and may be modified by RT21.NET with thirty (30) days written notice to you, including notice by electronic mail. Your use or ability to use the Service for more than twenty (20) days after notice of any modified charges constitutes your agreement to accept the modified charges. Delinquent accounts are subject to immediate suspension or termination of the Service at the sole discretion of RT21.NET. In the event of such suspension or termination, all fees and charges (including Early Termination Fees as set forth in Section 26) will become immediately due, and RT21.NET will be at liberty to pursue all rights and remedies it may have at law or in equity. RT21.NET will attempt to notify you on a commercially reasonable basis in advance of suspension, termination, and collection actions, but you agree RT21.NET is not required to make contact prior to taking such actions.
   

4. 4.Billing Disputes. Subject to applicable law, you must notify RT21.NET in writing within twenty (20) days after receiving your Card statement if you dispute any RT21.NET charges on that statement or such dispute will be deemed waived. You may only dispute charges that you believe are a result of a billing error or a problem relating to the Service. Subject to applicable law, RT21.NET will resolve all billing disputes in its sole discretion. If not resolved to your satisfaction and you still wish to pursue the matter, you must follow the dispute resolution process described in Section 5. Payment/Late Fees. RT21.NET may terminate your Service at any time in its sole discretion, if any charge to your Card on file with RT21.NET is declined or reversed, your Card expires and you have not provided RT21.NET with a valid replacement Card, or in case of any other non-payment of account charges, including not receiving full and timely Cash Payments. If RT21.NET terminates your Service for a Card that is declined, canceled or expired, reversed charges or non-payment, or for failure to make full and timely Cash Payments, you are still fully liable to RT21.NET for all fees and charges accrued before termination. Charges not honored by your Card issuer or Cash Payment not fully and timely made will be considered delinquent, and you agree to pay a late fee equal to 1.5% per month (or portion of a month) on any past due balances until paid, subject to the highest amount permitted by law.
   

5. 5.Payment/Late Fees. RT21.NET may terminate your Service at any time in its sole discretion, if any charge to your Card on file with RT21.NET is declined or reversed, your Card expires and you have not provided RT21.NET with a valid replacement Card, or in case of any other non-payment of account charges, including not receiving full and timely Cash Payments. If RT21.NET terminates your Service for a Card that is declined, canceled or expired, reversed charges or non-payment, or for failure to make full and timely Cash Payments, you are still fully liable to RT21.NET for all fees and charges accrued before termination. Charges not honored by your Card issuer or Cash Payment not fully and timely made will be considered delinquent, and you agree to pay a late fee equal to 1.5% per month (or portion of a month) on any past due balances until paid, subject to the highest amount permitted by law. If you become late on making a payment of any type then your service speed may be reduced and/or limited without reimbursement or credit.
   

6. 6.Equipment Provided - Lease. As specified on your Order Form, RT21.NET will retain title to and ownership of such Equipment at all times. You must return all leased Equipment in good working order to RT21.NET upon the termination or expiration of the Agreement or upon the request of RT21.NET. Failure to return all leased Equipment to RT21.NET in good working order upon request will result in a charge to the Card account that you have provided, for the amount listed on the Order Form, which you acknowledge is a reasonable estimation of the replacement cost of the Equipment. RT21.NET warrants to you that all Equipment leased from RT21.NET will be substantially free from material defects in material and workmanship under normal use in compliance with RT21.NET’s instructions for a period of one (1) year from the date you receive the Equipment (“Lease Limited Warranty”). All or part of the Equipment may be used, reconditioned or refurbished, but all Equipment will be warranted to you as provided in these Terms. This Lease Limited Warranty excludes any damage resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with any Equipment instructions published by RT21.NET or available at www.rt21.net, or actual or attempted alteration of or additions to the Equipment not approved by RT21.NET, all as determined in the sole discretion of RT21.NET. This Lease Limited Warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, and is subject to the exclusions and limitations in Section 29. RT21.NET may periodically replace, upgrade, repoint, or otherwise modify any leased Equipment, and will repair or replace (as RT21.NET deems appropriate in its sole discretion) any properly maintained leased Equipment that fails to operate as required for the delivery of Service. RT21.NET will have the sole discretion to determine whether to repair or replace any Equipment free of charge. Repair or replacement of the Equipment is RT21.NET’s only responsibility, and your exclusive remedy, for breach of any warranty regarding the Equipment. You may not modify any leased Equipment in any way. You may not sell, encumber, or otherwise transfer the Equipment to others without RT21.NET’s prior written notarized consent. In the event of any damage to the Equipment not a direct and sole result of RT21.NET’s act or omission, RT21.NET reserves the right as determined by RT21.NET to charge you for the actual cost of repair of the Equipment or charge you for the replacement Equipment at full retail price.
   

7. 7.Installation. As determined by RT21.NET, RT21.NET or its authorized contractor may install the Equipment at your location (the “Premises” or “Service location”) for the installation charges noted on your Order Form. In addition, the provision of Service to your Premises may require additional antennas, equipment, or installation activities beyond those specified in your Order Form. In the event that such additional equipment or installation activities are required, and you elect to accept Service despite the need for such additional equipment or installation activities, you will be responsible for complying with all applicable terms and conditions, including paying all applicable additional charges. If you purchase additional Equipment from RT21.NET, including an internal or external antenna and additional connection cabling, you may request RT21.NET or its authorized contractor to install such Equipment at the Premises as specified in the Order Form, or you may provide for your own installation. RT21.NET warrants to you that any installations performed by RT21.NET will be free from defects in material and workmanship for a period of one (1) year from the date of the installation (“Installation Limited Warranty”). This Installation Limited Warranty excludes any damage resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with Equipment manuals or other documentation, or actual or attempted alteration of or additions to the Equipment not approved by RT21.NET, all as determined in the sole discretion of RT21.NET. This Installation Limited Warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, and is subject to the exclusions and limitations in Section 29. By authorizing installation, you represent and warrant that you either own the Premises or have received permission from the owner of the Premises to make any changes to the Premises or outside the Premises necessary to install the Equipment and receive the Service, including securing riser or roof rights, if necessary. Further, you represent and warrant that the installation of the Equipment at the Premises will not violate any restrictions or agreements applicable to the Premises. You acknowledge that the installation representative may refuse to perform any custom installation work, or may require inside or external wiring to complete Service delivery at additional hourly or other charges. In the event you fail to keep an installation appointment or the Premises are not prepared to accept installation of the Equipment and Service, RT21.NET may charge you a fee to recover any costs associated with an additional installation appointment. RT21.NET will not be liable for any alterations or damage to the Premises that result from the installation, use, or removal of the Equipment, including, but not limited to, holes in walls or ceilings, cable wiring, or antenna mounting brackets, and will not be responsible for removing any of the Equipment or any costs related to the removal of the Equipment (including antennas and related cabling) at the end of the Term for any reason. In addition to your indemnification obligations under Section 35, you agree to defend, indemnify and hold RT21.NET, its affiliates and their agents and suppliers harmless from any claims or liabilities associated with RT21.NET’s installation of Equipment, including, but not limited to, claims by any owner of the Premises. The foregoing sentence will survive termination or expiration of the Agreement for any reason.
   

8. 8.RT21.NET’s Responsibilities. In addition to the other conditions identified in this Agreement, RT21.NET’s responsibility for the Service ends at the RT21.NET Equipment. In the event that you request a professional installation from RT21.NET, RT21.NET will install the Equipment as provided above. RT21.NET will not maintain or in any way be responsible for any software, cables, or hardware attached to the Equipment or in any way related or unrelated to the use of Service, including your internal network. RT21.NET will provide customer care support during its standard business hours for performance and operational issues related to the RT21.NET Service. Please contact RT21.NET Customer Care as set forth at www.rt21.net or on another website about which you have been notified.
   

9. 9.Your Responsibilities. You are responsible for complying with all Terms and Policies for the Internet Access Service and Optional Services, as applicable, as well as any other separate terms and conditions applicable for any other services or products you obtain from RT21.NET. If needed, you are responsible for providing access to the Premises as scheduled with RT21.NET for the appropriate preparation and maintenance of the Premises to allow for proper installation, maintenance, and other activities of RT21.NET in connection with the Equipment and Service. You are responsible for ensuring that your equipment has the minimum hardware and software requirements necessary to use the Equipment and Service. You are responsible for integrating and troubleshooting your local area network, internal network, and equipment as necessary. RT21.NET will not be responsible for any loss of use of Service or degradation in performance resulting from your use of incompatible equipment or for any damage to any additional equipment you connect to the Equipment. You will reimburse RT21.NET for any loss or damage to any leased Equipment, reasonable wear and tear excepted, including the actual cost of repair of the Equipment or charges for the leased Equipment at full retail price. In accessing the Service, you agree to utilize the troubleshooting guides and user information provided by RT21.NET or available at www.rt21.net or on another website about which you have been notified prior to contacting RT21.NET Customer Care. RT21.NET Customer Care will troubleshoot and support you on Service and Equipment issues pertaining to the RT21.NET network and Service only, and reserves the right to determine that a problem or issue is your responsibility. In the event that you request a service call to your Premises and RT21.NET determines that the problem is your responsibility, RT21.NET reserves the right to charge your Card or require full payment in another form for the cost of the service call. You are liable for any and all liability that may arise out of the content transmitted by or to you or any person, whether authorized or unauthorized, using the Service and/or Equipment provided to you (“Users”). You will assure that your or Users’ use of the Service and content will at all times comply with the requirements set forth in the Agreement (including, but not limited to these Terms and the Policies) and all applicable laws, regulations and written and electronic instructions for use. RT21.NET reserves the right to terminate or suspend affected Service, and/or remove your or any other User’s content from the Service, if RT21.NET determines that such use or content does not conform with the requirements set forth in the Agreement (including, but not limited to these Terms and the Policies) or interferes with RT21.NET’s ability to provide Service to you or others or receives notice from anyone that your or Users’ use or content may violate any laws or regulations. RT21.NET’s actions or inaction under this Section will not constitute review or approval of your or Users’ use or content. In addition to your indemnification obligations under Section 35, you will defend, indemnify and hold RT21.NET, its affiliates, and their agents and suppliers harmless against any and all liability arising from the content transmitted by or to you or to Users using the Service. The foregoing sentence will survive termination or expiration of the Agreement for any reason.
   

10. 10.Credits. No credit or adjustment will be made for interruptions of the Service unless the interruption continues for a period of seventy-two (72) hours or more, measured from the time that you report the interruption to RT21.NET at our discretion. In the event of an interruption of the Service that continues for a period of seventy-two (72) hours or more, credit allowance will be made at our discretion, at your written request, for an amount not to exceed the prorated monthly charges for your Service during the affected period. The credit will be available only where the interruption is in no part due to your acts or omissions whether negligent or otherwise or by interruptions caused by failure of any equipment or service not provided by RT21.NET. The foregoing credit will be your sole and exclusive remedy for any interruption of the Service or any degradation of performance of the Service. In order to be eligible for any such credit, you must request the credit in writing within five (5) days of the commencement of the interruption. No credit will be available if the interruption period results from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with RT21.NET instructions or the terms stated at www.rt21.net or on another website about which you have been notified, or actual or attempted alteration of or additions to the Equipment or Service not approved by RT21.NET, or from any problems with third party network elements that are not within the control of RT21.NET, all as determined in the sole discretion of RT21.NET.
    

11. 11.Equipment Location; Tampering with the RT21.NET Equipment/Warning Sticker. You agree that the RT21.NET Equipment may be used only at the Service location appearing in RT21.NET’s records. You agree not to change the electronic serial number or identifier of the RT21.NET Equipment, or to perform a factory reset of the Equipment, without express permission from RT21.NET in each instance. RT21.NET reserves the right to terminate your Service should you tamper with the RT21.NET Equipment or use or modify it in a manner not authorized by RT21.NET.
    

12. 12.Intended Use of the Service. (a) You may not reproduce, duplicate, copy, sell, provision, resell, rent, lease, lend, pledge, directly or indirectly transfer, distribute or exploit any portion of the Service without RT21.NET’s prior written consent. You will not use the Service in a manner prohibited by any federal, state, or local law or regulation, and will abide by RT21.NET’s Policies, which set forth additional rules that govern your activity in connection with the Service. Without limiting the foregoing, you may not use the Equipment or Service, or allow the Equipment or Service to be used, for any abusive purpose or in any way that damages RT21.NET’s property or interferes with or disrupts RT21.NET’s network or other users or subscribers. You may not attempt to circumvent user authentication or security of any host, network, or account (also known as “cracking” or “hacking”). This includes, but is not limited to, accessing data not intended for you, logging into a server or account that you are not expressly authorized to access, or probing the security of other networks. You may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding”of networks, deliberate attempts to overload a service, and attempts to “crash” a host. You may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s session, by any means, locally or via the Internet. You may not use the Service or take any action that will result in excessive consumption or utilization of RT21.NET’s system or network resources, or which may weaken network performance, or which adversely affects the performance of the Service for other RT21.NET customers, all as determined in RT21.NET’s sole discretion. You agree not to access the Service simultaneously through multiple units or to authorize any other individual or entity to use the Service. You agree that sharing the Service with another party breaches the Agreement and may constitute fraud or theft, for which RT21.NET, its affiliates, and their agents and suppliers reserve all rights and remedies.
    (b) You agree not to use or attempt to use the Service, the RT21.NET network or website, or Equipment or any device for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to: (i) Violating any applicable law or regulation; (ii) Posting or transmitting content you do not have the right to post or transmit; (iii) Posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right; (iv) Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in our sole discretion; (v) Attempting to intercept, collect or store data about third parties without their knowledge or consent; (vi) Deleting, tampering with or revising any material posted by any other person or entity; (vii) Accessing, tampering with or using non-public areas of the Service or any RT21.NET website or RT21.NET’s computer systems and network; (viii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (ix) Attempting to access or search the Service or any RT21.NET network or website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browser; (x) Sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail", "junk mail" or “junk fax”; (xi) Using or attempting to use the Service or any RT21.NET website to send altered, deceptive or false source-identifying information; (xii) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service or any RT21.NET website; (xiii) Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service or any RT21.NET website, overloading, "flooding," "spamming," "crashing," or "mail bombing" the Service or any RT21.NET website; and/or (xiv) Impersonating or misrepresenting your affiliation with any person or entity. Such prohibited actions include, but are not limited to: using the Service to host a web server site which attracts excessive traffic at your Premises, continuously uploading or downloading streaming video or audio, usenet hosting, or continuous FTP uploading or downloading. In the event that RT21.NET detects excessive use by you, RT21.NET may restrict your access to RT21.NET’s network, increase the fees associated with your Service, including upgrading you to a higher class of Service, or terminate your Service. RT21.NET has the right but not the obligation to restrict any uses of the Equipment or Service that RT21.NET believes in its sole discretion violate the Agreement or applicable law.
    (c) You also expressly agree not to use the Service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting, or for any other use that results in excessive usage inconsistent with normal calling patterns. In addition to your indemnification obligations under Section 35, you will defend, indemnify and hold RT21.NET, its affiliates, and their agents and suppliers harmless against any and all claims, losses, or liability arising under this Section 12. The foregoing sentence will survive termination or expiration of the Agreement for any reason.
    

13. 13.Third Party Services, Content and Materials Accessible on the Internet; Disclaimers, Cautions and Restrictions.
    (a) We do not control, nor are we responsible or liable for, data, content, services, or products (including software) that you access, download, receive or buy via the Service. We may, but do not have to, block information, transmissions or access to certain information, services, products or domains to protect us, our network, the public or our users. We are not a publisher of any third-party content accessed through the Service, and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You access such materials at your own risk. You are responsible for paying all fees and charges of third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access any web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their compliance with them. If you elect to download into your equipment or otherwise enable any software, including any client-based software designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service. In no event, will RT21.NET, its affiliates, and/or their agents or suppliers be liable for any lack of privacy which may be experienced with regard to the Service. For additional information, please refer to our Privacy Policy applicable to you at www.rt21.net or on another website about which you have been notified.
    (b) You further acknowledge that there are materials and content on the Internet or otherwise accessible through the Service which may not be in compliance with all federal, state, and local laws and regulations, and which may be sexually explicit, offensive, or otherwise objectionable to you. RT21.NET assumes no responsibility for and exercises no control over the content or materials contained on the Internet or that is otherwise accessible through the Service. You access such materials at your own risk. If you decide to let minor children access the Service, RT21.NET strongly recommends that you supervise their usage.
    

14. 14.Illegal and Fraudulent Activity. You acknowledge that RT21.NET may cooperate fully with investigations of possible illegal activity or violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. If we suspect violations of any of the terms and conditions of this Agreement or applicable law, we may, without prejudice to any other rights or remedies we may have: (i) institute legal action, (ii) immediately, without prior notice to you terminate the Agreement and the Service, (iii) terminate any other RT21.NET agreements between us and you and the applicable RT21.NET service(s) provided under those agreements, and (iv) cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations. Those who violate systems or network security requirements may incur criminal and/or civil liability. Your failure to provide reasonable cooperation may result in your liability for such violations.
    

15. 15.Privacy; Monitoring the Service. RT21.NET is under no obligation to monitor the Service, but RT21.NET may do so from time to time. RT21.NET reserves the right to install, manage and operate one or more software, monitoring or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these Terms and Policies, including but not limited to any of the activities described in this Agreement. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails and voicemails) that we consider to be actual or potential violations of the restrictions set forth in these Terms, including but not limited to those activities described in this Agreement and any other activities that may subject RT21.NET or its customers to harm or liability. RT21.NET, its affiliates, and their agents and suppliers disclaim any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service, the Equipment and/or into or through your equipment. You agree that RT21.NET may disclose any information regarding you or your use of the Service for any reason and at its sole discretion in order to satisfy applicable laws, regulations, legal process or governmental requests, or in order to operate and deliver the Service in an efficient manner, or to otherwise protect RT21.NET’s property or legal interests and those of its subscribers, and others or to ensure your compliance with the Agreement. For additional information, please see RT21.NET’s Privacy Policy at www..rt21.net or on another website about which you have been notified.
    

16. 16.Use of Service and Equipment Outside the United States. RT21.NET may or may not support the use of its Equipment and Service by customers located in other countries. If your or any Users’ removal of the Equipment from the United States violates any export control law or regulation, you will be solely liable for such violation and, in addition to your indemnification obligations under Section 35, you agree to defend, indemnify and hold RT21.NET, its affiliates, and their agents and suppliers harmless against any and all claims, losses, or liability arising under this section. The foregoing sentence will survive termination or expiration of the Agreement for any reason.
    

17. 17.Loss of Service Due to Power Failure. You acknowledge that the Service does not function in the event of power failure. A power failure or disruption may require you to reset or reconfigure Equipment prior to utilizing the Service. You will not receive credit for time without service due to any acts of GOD including those that may cause a power outage.
    

18. 18.Copyright/Trademark/Firmware/Software. The Service and Equipment and any firmware or software used to provide the Service, or embedded in the Equipment, or used in connection with the Service, and all Service, information, documents and materials delivered to you by RT21.NET or located on RT21.NET’s website are protected by trademark, copyright and other intellectual property laws and international treaties. All names, service marks, trademarks, trade names, logos and domain names (collectively “Marks”) of RT21.NET are and will remain the exclusive property of RT21.NET and nothing in the Agreement grants you the right or license to use any of such Marks. You acknowledge that you are not given any license to use any firmware or software under this Agreement. You agree that the Equipment is exclusively for use in connection with the Service. You will not use the Service except by means of the Equipment. If you decide to use the Service using equipment not provided by RT21.NET, you represent and warrant that you possess all required rights, including software and/or firmware licenses, to use that equipment with the Service and, in addition to your indemnification obligations under Section 35, you agree to defend, indemnify and hold RT21.NET, and its affiliates, and their agents and suppliers harmless against any and all liability arising out of your use of such equipment with the Service. The foregoing sentence will survive termination or expiration of the Agreement for any reason. You agree not to reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of any firmware or software used to provide the Service or used in connection with the Service.
    

19. 19.Tampering with the Equipment or Service. You agree not to change the electronic serial number or equipment identifier of the Equipment, or to perform a factory reset of the Equipment, without express permission from RT21.NET in each instance which RT21.NET may deny in its sole discretion. In addition, you will not service, alter, modify or tamper with the Equipment or with the Service, or permit any other person (unless authorized in advance by RT21.NET in writing) to do so.
    

20. 20.Theft of Equipment or Service. You agree to notify RT21.NET immediately, in writing or by calling the RT21.NET customer support line, if the Equipment is stolen or if you become aware at any time that the Service is being stolen or fraudulently used.
    

21. 21.Changes to the Agreement or Charges. We may change or increase any applicable charges for the Service or any other charges at any time without notice. The service and availability is also subject to change at any time without notice.
    

22. 22.Service Distinctions. You acknowledge and agree that the Service is not a telephone service. Important distinctions exist between telephone service and the Service offering provided by RT21.NET. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before federal, state or local telecommunications regulatory agencies.
    

23. 23.Back Up. You acknowledge that the installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer equipment and/or loss of software, files, data, or peripherals. You acknowledge that you are solely responsible for backing up all existing computer files by copying them to another storage medium prior to installation, maintenance, repair, or removal of the Equipment. Neither RT21.NET, its affiliates, nor their agents or suppliers will be liable for any loss of data or damage to hardware, software, or your Premises that occurs during installation of any Equipment or that results from any service performed on your computer in support of your Service.
    

24. 24.Retention of Rights; Network Address Ownership. Nothing contained in this Agreement will be construed to limit RT21.NET’s and its affiliates’ rights and remedies available at law or in equity. The internet protocol (“IP”) addresses that RT21.NET assigns to you, including static IP addresses, are considered loaned to you, and not transferred or sold to you. You have no ownership or proprietary interest in such IP addresses. Such IP addresses will revert back to RT21.NET upon the termination of your Service for any reason, or earlier if such change in IP address is reasonably necessary in the conduct of RT21.NET’s business. You will not assign to any other person the IP address assigned to you. You will not program any other IP address into the Equipment.
    

25. 25.Credit Reporting Agencies. You authorize us to ask consumer reporting agencies or trade references to furnish us with employment and credit information, and you consent to our rechecking and reporting personal and/or business payment and credit history, as well as to enter this information in your file and disclose this information concerning you to appropriate third parties for reasonable business purposes. Upon receipt of adverse credit information about you at any time, RT21.NET reserves the right to suspend or terminate Service to you or require a deposit for Service, at our option.
    

26. 26.Initial Term and Renewal Terms/Termination/Early Termination Fee. You will maintain Service for the duration of any minimum Initial Term (as set forth on the Order Form) and any Renewal Term (defined below). If during the Initial Term or any Renewal Term you decide to change to another RT21.NET plan with different rates or features to add to your existing Internet Access Service, then you agree that RT21.NET may restart the Initial Term or any Renewal Term for the Internet Access Service, as applicable, from the beginning of such change in plan or addition of service. At the end of an Initial Term this contract will automatically renew and you agree to maintain your Service for the duration of the Renewal Term unless you terminate the Service as provided in these Terms by contacting RT21.NET’s Customer Care Department as set forth at www.rt21.net or on another website about which you have been notified and giving notice of termination within that seven (7) day period. In addition, in order for your notice of termination to be effective, you must provide notice in writing to RT21.NET, PO Box 174, Ripley, WV 25271, or such other addresses that RT21.NET may specify. If your Internet Access Service is cancelled by you, or terminated by RT21.NET for any violation by you of the Agreement, prior to the end of the Initial Term or any Renewal Term, as applicable, including failure to pay for service, you will be liable for an early termination fee of $70.00 for each month of Service remaining on your Initial Term or the Renewal Term, as applicable and/or (b) such other early termination fee as may be specified on your Order Form. The early termination fees applicable to your Service as described in this section 26 are sometimes referred to in these Terms as the “Early Termination Fee”. Upon termination of this Agreement, you will be responsible for the costs and risks associated with returning the Equipment to RT21.NET. You must return all leased Equipment to RT21.NET in good working order, reasonable wear and tear excepted, in accordance with RT21.NET’s return policy set forth at www.rt21.net or on another website about which you have been notified. If you do not return the Equipment in good working order within two weeks of service cancellation, you agree and shall owe RT21.NET payment in an amount reflecting the full retail value of the Equipment or pay a removal fee of at least $165. In such cases, you agree that RT21.NET may charge your Card account (if applicable) the foregoing amounts and to pay RT21.NET the foregoing amounts if a Cash Payment customer. Upon termination or expiration of this Agreement for any reason, RT21.NET and its suppliers reserve the right to delete any voicemails, data, files, electronic messages or other information stored on RT21.NET’s or its suppliers' servers or systems. RT21.NET, its Affiliates and their agents and suppliers will have no liability whatsoever as the result of the loss of any such data, names or addresses or other information.
    

27. 27.Termination/Discontinuance of Service. RT21.NET reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, either in whole or in part, at any time in its sole discretion. If RT21.NET discontinues providing the Service generally, or terminates your Service in its discretion (i.e., for a reason other than your or your Users’ breach of this Agreement or your or your Users’ improper use of the Service), you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated for any stated reason, including without limitation violation of the Agreement, or because of any improper use of the Service or Equipment (such as, but not limited to, any violation set forth in this Agreement including any attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any Policy of RT21.NET or of a third party provider to which RT21.NET is subject), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus the Early Termination Fee set forth in these Terms, all of which immediately become due and payable. RT21.NET may, but is not required to, reactivate your Service after Service has been suspended or terminated in accordance with this subsection. BEFORE SERVICE MAY BE REACTIVATED, YOU MUST PAY TO RT21.NET ALL PAST DUE AMOUNTS AND LATE PAYMENT FEES PLUS A REACTIVATION CHARGE PER ACCOUNT AND APPLICABLE TAXES. RT21.NET may modify the terms of Service before reactivating your Service and may require you to provide us with a deposit.
    

28. 28.Default; Effect of Termination. You will be in default under the Agreement if you do not pay any sum when due, breach the Agreement or any other agreement between you and us, become the subject of any proceeding under the Bankruptcy Code or become insolvent. In any such case, you shall remain responsible for payment of all charges and fees (including any Early Termination Fee) due under the Agreement (including charges incurred after a bankruptcy filing), which charges will be immediately due and payable. If you receive other services from RT21.NET, such as wireless broadband or other services, you must pay your bill in full for such services or your Service will be disconnected as well as any other services you had subscribed to from RT21.NET. If Service is suspended or cancelled for a failure to pay, you will lose all functions of the Service. We have the right to discontinue Service and/or terminate the Agreement without prior notice if you default under the Agreement. RT21.NET may, but is not required to, reactivate your Service after Service has been suspended or terminated. Before Service may be reactivated, you must pay to RT21.NET all past due amounts and late payment fees plus a reactivation charge per account and applicable taxes. RT21.NET may modify the terms of Service before reactivating your Service and may require you to provide us with a deposit.
    

29. 29.DISCLAIMER OF WARRANTIES AND DAMAGES.
    (A) EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 7 AND 8, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND EQUIPMENT ARE EACH PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND RT21.NET. ITS AFFILIATES, AND THEIR AGENTS AND SUPPLIERS DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AND THERE ARE NO CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INTERFERENCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SECURITY, VIRUSES, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RT21.NET, ITS AFFILIATES, AND THEIR AGENTS AND SUPPLIERS ALSO DISCLAIM ANY COMMON-LAW DUTIES RELATING TO ACCURACY OR LACK OF NEGLIGENCE. IN ADDITION, THERE IS NO WARRANTY OF TITLE, AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR EQUIPMENT, OR AGAINST INFRINGEMENT. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS, WRITTEN OR ELECTRONIC, OR BY ANY RT21.NET EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY RT21.NET. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
    (B) NEITHER RT21.NET NOR ITS AFFILIATES, THEIR AGENTS OR SUPPLIERS WARRANT THAT THE EQUIPMENT OR SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, WITHOUT DELAY OR ERROR FREE OR FREE FROMSERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING, INTERFERING OR DESTRUCTIVE PROPERTIES. WITHOUT LIMITING THE FOREGOING, THE QUALITY OF THE SERVICE MAY BE AFFECTED BY CONDITIONS WITHIN OR BEYOND OUR CONTROL, INCLUDING ATMOSPHERIC, GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS, OVERALL NETWORK USAGE LEVELS, NETWORK SIGNAL QUALITY, USER AND THIRD PARTY EQUIPMENT PERFORMANCE, INCLUDING YOUR EQUIPMENT, INTERNET TRAFFIC LEVELS, AND OTHER FACTORS. WITHOUT LIMITING THE FOREGOING, RT21.NET WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OUTSIDE RT21.NET’S REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY FLOOD, FIRE, ACCIDENT, EMBARGO OR OTHER GOVERNMENTAL ACT OR DIRECTIVE, ABSENCE OF GOVERNMENTAL APPROVAL OR CONSENT, MATERIAL CHANGES IN APPLICABLE LAW OR REGULATION, OR DECREE OF ANY COURT, DELAY OR DEFECT IN DELIVERY BY SUPPLIERS, TRANSPORTATION DELAY OR UNAVAILABILITY, RIOT, WAR, ACT OF TERRORISM OR OF THE PUBLIC ENEMY, POWER OUTAGE, LABOR DISPUTE OR SHORTAGE, THIRD PARTY NETWORK PROBLEMS, ACTS OR OMISSIONS OF UNDERLYING CARRIERS OR OTHER THIRD PARTIES, OR ACTS OF GOD.
    (C) SERVICE IS ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE RT21.NET NETWORK, WHICH IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU ACKNOWLEDGE THAT SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, EQUIPMENT MODIFICATIONS OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF RT21.NET. YOU ACKNOWLEDGE THAT RT21.NET WILL NOT REFUND ANY HARDWARE OR INSTALLATION FEES PAID FOR ANY REASON WHATSOEVER EVEN IF THE SERVICE TEMPORARILY OR PERMANENTLY BECOMES UNAVAILABLE IN YOUR AREA. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICE FOR THE RECONSTRUCTION OF ANY LOST DATA OR FILES. RT21.NET CANNOT AND DOES NOT GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMISSION OR STORAGE, PRIVACY, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICE AND/OR EQUIPMENT. Some states do not allow the disclaimer of implied warranties, so the exclusions in this Section 29 may not apply to you in whole or in part.
    

30. 30.LIMITATION OF LIABILITY.
    (A) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RT21.NET, ITS AFFILIATES, THEIR AGENTS OR SUPPLIERS, OR THEIR OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT, INCLUDING ACTS OR OMISSIONS RELATED TO 911, E911 OR EMERGENCY DIALING, OR THE ABSENCE OR DISRUPTION THEREOF, OR UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY: (I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO RT21.NET FOR THE APPLICABLE SERVICE HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY; (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES, PRODUCTS, OR RIGHTS; (III) FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET; (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND/OR LOST PROFITS; OR (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER’S DATA.
    (B) THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 30 SHALL APPLY WHETHER THE CLAIM IS BASED ON BREACH OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER BASIS, AND APPLY WHETHER OR NOT RT21.NET WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. IN ADDITION, THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 30 SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR EQUIPMENT OR IF YOU HAVE ANY OTHER DISPUTE WITH RT21.NET, OR CLAIM AGAINST RT21.NET, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ANY LIABILITY (IF ANY) WILL BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES INCURRED IN REASONABLE RELIANCE, LIMITED TO THE AMOUNT AND EXCLUSIONS SET FORTH IN THIS SECTION 30. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 30 WILL SURVIVE THE TERMINATION OR EXPIRATION OF THE AGREEMENT FOR ANY REASON. Some states do not allow the exclusion or limitation of incidental or consequential damages, or other modifications of or limitations to certain remedies, so the above exclusion or limitation may not apply to you, in whole or in part.
    

31. 31.Nature of the Service. RT21.NET Service utilizes, in whole or in part, the public Internet and third party networks. You acknowledge and understand that RT21.NET cannot and does not guarantee that the Service is secure, and we are not liable to you or any other party for any lack of privacy or security you experience while using the Service. RT21.NET is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy applicable to you at www.rt21.net or on another website about which you have been notified for additional information.
    

32. 32.Place of Primary Use. In order to determine which jurisdiction’s taxes and other assessments to collect, federal law may require RT21.NET to obtain your Place of Primary Use (“PPU”), which must be your residential street address (if the Service is primarily for personal use) or your business street address (if the Service is primarily for business use). This address must be within the coverage area for the Service. You agree that the street address listed on your Service Order is your PPU. You agree to notify RT21.NET promptly of any change to your PPU.
    

33. 33.Complaint Resolution/Notices. In order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service, please contact RT21.NET Customer Care as set forth at www.rt21.net or on another website about which you have been notified. RT21.NET may require you to describe the matter in writing. Written notices to you will be effective three (3) days following the date deposited in the U.S. Mail addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to RT21.NET will be effective when directed to RT21.NET’s Customer Care Department and received at the address set forth at www.rt21.net or on another website about which you have been notified. Except as provided in these Terms, notices must be in writing to be effective. Notices sent by e-mail to you at the e-mail address stated in the Order Form will constitute written notice.
    

34. 34.Amendments. Subject to applicable law, RT21.NET may in its sole discretion amend any part of the Service or provision of the Agreement. RT21.NET will provide notice to you of any material modification. Such notice will be effective by posting it on the RT21.NET website at www.rt21.net or on another web site about which you have been notified, or by sending notice via e-mail, first class U.S. postal mail, or overnight mail to your physical address of record or the e-mail address on RT21.NET’s account records. You agree that any one of the foregoing will constitute sufficient notice. If you do not agree to a modification that is materially disadvantageous to you, you may terminate the Agreement by written or e-mail notice as provided in these Terms within twenty (20) days of the date we send our notice, and you will not be charged any Early Termination Fee. If you use the Service or make any payment to us after RT21.NET provides notice as specified above of a material modification, and do not provide termination notice to us within the specified time period as provided in these Terms, you agree to that change, retroactive to the announced effective date of the modification. Without limiting the foregoing, RT21.NET may revise any Policy at any time, and such revisions will be effective immediately upon posting on RT21.NET’s website, or providing written notice, whether electronic or otherwise, to you.
    

35. 35.Your Indemnification Obligations. You will defend, indemnify, and hold RT21.NET, its affiliates, and their directors, officers, employees, agents, and shareholders and any other service provider or supplier (collectively, the “RT21.NET Parties”) harmless against any and all claims, losses, damages, and liabilities sustained by the RT21.NET Parties resulting from, arising out of the Agreement, the Service, the Equipment, including, but not limited to, the lack of 911 or E911 dialing or dialing associated with Voice and Non-Voice Systems, any breach or non-fulfillment of any representation, warranty, or covenant by you set forth in the Agreement or from your use or misuse of the Equipment or the Service. You agree that RT21.NET Parties shall not be responsible for any third-party claims against RT21.NET Parties that arise in connection with the Service, the Equipment or any of your equipment, or any use of any of the foregoing. This section will survive termination or expiration of the Agreement for any reason.
    

36. 36.Assignment and Successors in Interest. All of the provisions of the Agreement will be binding upon, inure to the benefit of, and be enforceable against you, your Users, and your and their respective successors and permitted assigns. Except as specifically stated herein, neither the Agreement nor any of your or RT21.NET’s rights, interests, or obligations may be assigned or delegated by you without the prior written consent of RT21.NET. Any unauthorized assignment or delegation will be null and void. Notwithstanding the foregoing, RT21.NET may assign or otherwise transfer its rights and obligations under the Agreement without restriction.
    

37. 37.Other Agreements or Warranties. Other services (such as RT21.NET Wi-Fi) or products may come with separate written terms or conditions and warranties that govern their use or purchase. Please see those other agreements or warranties for your rights and duties regarding such use.
    

38. 38.Signing Authority; Authorized User. You acknowledge that you are of legal age, have received a copy of the Agreement and have read and clearly understand the terms of the Agreement and, if activating on behalf of a corporation or other entity, are fully authorized to legally bind such entity. You acknowledge that you are responsible for all charges incurred by any person you authorize to access your account, or to use the Equipment and the Service.
    

39. 39.Entire Agreement/Sever-ability. This Agreement, including the Order Form, the Terms, your Service Plan, and the Policies (each as they may be amended from time to time) together contain the entire agreement and understanding concerning the Service and Equipment and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written, or oral. In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of the Agreement (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect.
    

40. 40.ARBITRATION; CHOICE OF LAW; STATUTE OF LIMITATIONS; JURY WAIVER. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF WEST VIRGINIA WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THE AGREEMENT AND ANY ACTION TO COLLECT AMOUNTS DUE TO RT21.NET UNDER THIS AGREEMENT, WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) THEN IN EFFECT. THE SOLE PLACE FOR ARBITRATION WILL BE JACKSON COUNTY, WEST VIRGINIA, UNLESS THAT LOCATION IS PROHIBITED BY LAW, IN WHICH CASE THE ARBITRATOR WILL SELECT THE LOCATION OF THE ARBITRATION. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. UNLESS OTHERWISE REQUIRED BY LAW, YOU AND RT21.NET WILL EACH BEAR THEIR OWN EXPENSES, INCLUDING ATTORNEYS’ FEES, EXCEPT THAT PAYMENT OF THE FEES AND EXPENSES OF THE ARBITRATOR WILL BE GOVERNED BY THE RULES OF THE AAA. THIS DUTY TO ARBITRATE AND THE PROVISIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. ALL CLAIMS WILL BE ARBITRATED INDIVIDUALLY AND THERE WILL BE NO RIGHT OR BASIS FOR CONSOLIDATION, CLASS TREATMENT OR CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY (SUCH AS A PRIVATE ATTORNEY GENERAL) OF ANY CLAIM UNLESS PREVIOUSLY AGREED TO IN WRITING BY RT21.NET. THE ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THE AGREEMENT. YOU WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICE. YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND RT21.NET AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THE AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED. NOTHING IN THE AGREEMENT WILL PREVENT RT21.NET FROM SEEKING CONSERVATORY, PROTECTIVE OR INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION.
    

August 1, 2021