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Terms, Conditions and Internet Service Agreement

Paul Bunyan Communications Cooperative Membership
The undersigned (hereinafter called “Applicant”), hereby applies for membership in PAUL BUNYAN RURAL TELEPHONE COOPERATIVE, a cooperative organized under the laws of the State of Minnesota (hereinafter called “Cooperative”) for the purpose of obtaining communication service.
  1. Applicant Compliance with Articles, Bylaws and Rules: The Applicant agrees to and will comply with all applicable provisions of the Articles of Incorporation and By-laws of the Cooperative, and such rules and regulations as may from time to time be adopted by the Cooperative.
  2. Local or Long-Distance Telecommunications Service: Any local or long-distance telecommunications services provided to Applicant by the Cooperative shall be subject to the rates, terms and conditions of applicable tariffs or price lists on file with the Minnesota Public Utilities Commission and/or the Federal Communications Commission.
  3. Internet Access: Any internet access services provided to Applicant by the Cooperative shall be subject to the terms and conditions of the Paul Bunyan Communications Internet Service Agreement applicable to such services in effect from time to time. The Paul Bunyan Communications Internet Service Agreement shall be available on the Cooperative’s website. Applicant agrees that the use of internet access service provided by the Cooperative shall constitute Applicant’s agreement to and acceptance of the terms and conditions of the Paul Bunyan Communications Internet Service Agreement.
  4. Cooperative Operation: All amounts paid for services by Applicant in excess of costs of service are furnished as capital and Applicant shall be credited with such capital as provided in the By-laws.
  5. Grant of Easement: Applicant hereby grants to the Cooperative an easement to construct, operate and maintain a communication line or system on, over, or under land that may be owned by Applicant at the premises at which service is to be provided by the Cooperative.
  6. Access to Premises: Applicant hereby grants to the Cooperative access to Applicant’s premises at all reasonable times for its purpose of installing, repairing, maintaining or removing any service.
  7. Installation and Costs: Applicant agrees that any service provided by the Cooperative is subject to Applicant’s payment of installation costs determined under the Cooperative’s applicable standards. If the Cooperative is unable to provide service to Applicant for any reason, costs paid by the Applicant will be returned. Installation of service shall be subject to a Release of Liability by Applicant.
  8. Payment for Services: Late fees shall be applied to all bills not paid when due as provided in applicable tariffs, price lists and the Paul Bunyan Internet Service Agreement. The Applicant agrees that the failure to meet payment of charges when due will be cause for the Cooperative to discontinue service to the Applicant and to terminate Applicant’s membership in the Cooperative.
Paul Bunyan Communications Internet Service Agreement
This Paul Bunyan Communications (PBC) Internet Service Agreement establishes the terms and conditions for use of PBC internet to access Internet Services, including but not limited to access to the Internet and the capability to acquire, use, generate, store, or transform, information and for voice or video communications over the internet (collectively or individually the “Internet Service”).
  1. Agreement: By using or paying for Internet Service, you agree to these terms and conditions.
  2. Payment for Internet Services: PBC will bill you monthly for all charges associated with Internet Service. Payment in full is due no later than the due date indicated on your bill.
  3. Lawful Use: All use of Internet Service must be lawful. You agree not to use or to allow others to use the Internet Service for illegal or inappropriate activities. You may not retransmit the Internet Service or make the Internet Service available to anyone outside your premises.
  4. 30-day Termination: You may terminate Internet Service at any time in your sole discretion on 30-days written notice to PBC (by email, personal delivery or U.S. mail) unless you have agreed in writing to some other time period.
  5. Modification of Internet Service: PBC has the right to modify or discontinue the Internet Service (including monthly rates and other charges) after providing a 30-day notice by bill message, bill insert, e-mail or other notice, including posting notice of such changes on the paulbunyan.net website. You agree to the changes if you use or pay for or use the internet services after that 30-day notice is provided by PBC.
  6. Internet Service Speed and Availability: The speeds identified for your Internet Service reflect the high-end of the speed range for your Internet Service on a per-line (not a per-device) basis. The speed you will receive will depend on many factors, including, the equipment, devices, modems, and inside wiring in use at your premises, the composition of the information or files you are accessing, usage, and traffic on the Internet, other usage of PBC’s network, the server with which you are communicating, and the networks you and others. As a result, PBC makes no promise or warranty, express or implied, that you will be able to download or upload data at any specific speed. If you are dissatisfied with the speed of Internet Service you are receiving, you may terminate Internet Service as provided in Section 4 above.
  7. Equipment: PBC will make available to you, or may install, equipment that will enable you to connect to your Internet Service. All that equipment remains PBC property unless you purchase the equipment under a separate agreement with PBC. You agree to return all that equipment to PBC in the same condition as when provided, normal wear and use excepted, upon termination of Internet Service. You agree to pay a charge to be determined under the current schedule of equipment charges if you fail to do so.
  8. Software: Paul Bunyan Communications may provide you, for a fee or at no charge, software for use in connection with the Internet Service that is owned by PBC or its third-party licensors, providers and suppliers. PBC reserves the right to update, upgrade or change that 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 at any time.
  9. Electrical Power: The Internet Service requires electrical power from your premises to operate, which you are responsible for providing, including any battery backup. The Internet Service will not function in the event of a loss of customer-provided power, which will disrupt the Internet Service as well as any additional Internet Services that use the Internet Service, including but not limited to voice service, including 911 provided using the Internet Service.
  10. Management of Your Computer, Data and Security: You are responsible for the security of your computer, hardware, software applications, data and files. It is your sole responsibility to take appropriate precautions to protect your computer and all other personal equipment, software and hardware, data and files from loss or damage, including but not limited to back-up and restoration of your data.
  11. Security Alarm and Other Device Compatibility. PBC makes no warranty that the Internet Service that you may use for monitored burglar or fire alarms, or medical monitoring systems or devices, will be uninterrupted, secure, error- free, or compatible with such alarms or medical systems of devices.
  12. 911 Emergency Response Internet Services: 911 emergency access and functionality over the Internet Service is only available at the physical address where PBC installed the Internet Service, while connected to properly powered PBC Internet Service equipment. 911 access will not function if the Internet Service is not configured correctly or if the Internet Service is interrupted or not functioning for any reason, including but not limited to non-payment. If there is a power outage, you may be required to reset or reconfigure the equipment prior to being able to use the Internet Service, including use for 911 calling. The Internet Service may be provided to you over a broadband network. If there is a network outage, the Internet Service will not function, and you will not be able to make 911 calls.
  13. Discontinuance of Service: PBC may discontinue or terminate your Internet Service if you do not honor any provision of this Agreement (including payment obligations to PBC for services) or if you use the Internet Service in any unlawful way or in any way that adversely affects other customers or PBC employees, or if PBC suspects you of doing so. You acknowledge and agree that an Internet Service outage due to suspension of your account as a result of billing or other issues will prevent all Internet Service from being provided to you, including any 911 emergency response Internet Services.
  14. Limitation of Warranties: PBC does not warrant that the internet service or equipment provided by PBC 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 similar conditions.
  15. Limitation of liability: In no event shall PBC be liable for any indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue, loss of programs or information or loss of or damage to data. Any liability of Paul Bunyan Communications relating to internet service shall not exceed a pro rata credit for the monthly fees you have paid to PBC for the internet service during the ninety (90) day period prior to any such loss.
  16. Indemnification: You agree to defend, indemnify and hold harmless the Paul Bunyan Communications Parties against all liabilities, costs and expenses, including reasonable attorneys’ and experts’ fees, related to or arising from your use of the Internet Service (or the use of your Internet Service by anyone else), including but not limited to claims for infringement of any intellectual property rights.
  17. Arbitration: You agree to arbitrate any disputes and claims not resolved by PBC arising out of or relating to Internet Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
Agreement to Be Bound:
  1. I authorize Paul Bunyan Communications to investigate my credit in accordance with acceptable law. A prepayment may be required bason on credit check.
  2. I agree that I will be responsible for any and all damages or loss and the equipment will be returned immediately upon termination of this service or at any time upon the request of Paul Bunyan Communications.
  3. I hereby authorize Paul Bunyan Communications to deliver or cause to be delivered to me notices using an automatic telephone dialing system, artificial or prerecorded voice, text message, or other form of written or audible communication at the above listed telephone number(s). This automated call or message may be used for informational purposes such as outages, upgrades in your area, or delinquent notices.
  4. In order to ensure the quality of our installation, we take pictures of our equipment installed at the member location. This helps us to ensure that the wiring and installation is accurate and complete. In addition, should a member call for assistance with any troubleshooting, this information is used for us to better assist in determining where equipment is placed at the member premise as well as knowing the specific type of equipment that we are troubleshooting.
  5. I agree that Paul Bunyan Communications shall not be liable for any loss, damage or expense of any kind.
    I have read and fully understand the above information.
  6. I agree that any transactions or agreements with Paul Bunyan Rural Telephone Cooperative dba Paul Bunyan Communications or its associated companies may be formed by electronic means.
  7. I hereby grant the Paul Bunyan Rural Telephone Cooperative permission to construct, operate and maintain a communication line or system on, over, or under the above premises and in or upon all streets, roads, or highways abutting said land. The Undersigned further agrees that in the event that said undersigned does not own all private land or lands necessary to be crossed, as stated above, they shall obtain all necessary permission from the owner or owners of said land or lands, and shall submit same to said Cooperative prior to installation of service. The Undersigned hereby grants to the Cooperative access to the premises of Undersigned at all reasonable times for its purpose of installing, repairing, maintaining or removing any service to the premises. Application for services still required. The first 1320 feet (1/4 mile) of a service line is plowed at no cost to the customer. Any additional footage beyond 1320′ will be charged to the customer at rate of $2.00/foot construction cost. The undersigned(s) understand and agree that Paul Bunyan Communications and/or agent will locate my private utilities in good faith and to the best of their ability. However, if any utility is mislocated, the undersigned agrees that he/she/it will protect, defend, indemnify and keep Paul Bunyan Communications and its members, employees, and agents, forever harmless and indemnified against and from any penalty or damage or charges imposed for any violation of any laws or ordinances, arising from burying cable and/or location of infrastructure on or under the undersigned\’s premises and the undersigned will, at all times, protect, defend, indemnify and save Paul Bunyan Communications and keep it harmless against and from any and all loss, cost, damage or expense arising out of or from any loss of life, injury, property damage or other occurrence causing injury to any person or property whomsoever or whatsoever as a result thereof. The undersigned releases Paul Bunyan Communications and its members, employees, and agents from any and all actions, claims, or demands that I/we, my/our assignees and/or legal representatives now have, or may have in the future, for injury, death, or property damage, related to the burying of cable and/or location of infrastructure on or under the undersigned\’s premises. I/we have carefully read this release and waiver of liability and fully understand its contents. I/we am/are aware that this is a total release of liability for the benefit of Paul Bunyan Communications and hereby sign this document of my/our own free will.
    What to expect from the construction of the PBC service line to your home or business.