Our internet plans offer unlimited internet services for remote internet access. Our plans are great for RV use, or otherwise any remote area.

Our Plan offers Truly Unlimited service with an allowance of 1TB (or 1,000 GB) for high speed data, and continues after that limit with limited speeds until the service renews.

Our services do not have any major rules or regulations, and are only subject to AT&T’s Terms for usage.

Refunds and Cancellations

Our services are on a Prepaid basis. We do not offer refunds for services already rendered. Only in cases of a prepaid balance for services not yet rendered are refunds offered.

Internet Service

a. Service Description.

Internet Service is composed of narrowband or broadband access to Internet, and offers you a capability for acquiring or retrieving information from; generating, storing, transforming, processing, or utilizing information on; or making available information to other Internet end points connected directly or indirectly to the ARV Internet network. Unless otherwise specified, Internet Services from ARVInternet include the following:

1) Site Access / E-Mail Services.

Access to att.net and related services, including e-mail, is generally included with your Internet Service. By utilizing such access, including accessing the included e-mail account(s), you are agreeing to be bound by the terms thereof.

2) DNS Services / DNS Language Assist.

Domain Name System (or DNS) services translate domain names into the numerical IP addresses needed for locating and identifying computer services and devices within the underlying network protocols commonly used to organize the internet. The DNS Services include DNS Language Assist, which upon entry of an incomplete or inaccurate Web address will automatically search for similar or related terms and present you with suggested sites you may want to reach instead of providing only an error message. If you prefer to opt out of DNS Language Assist, you may do so by visiting our website from your desktop or from your mobile Web browser.

3) IP Addresses.

Unless otherwise specified, ARV Internet Internet Service is provided with a dynamic Internet Protocol (“IP”) address, a static IP address, a multiple static IP address service (as applicable), or a privately managed IP address utilizing CGN (Carrier Gateway NAT) technology, at the sole discretion of ARV Internet. Static IP addresses are not available with all Internet Services or all tiers within certain Internet Services. Unless otherwise specified, a dynamic IP address is a single Internet address intended for use with a single Member Account and any associated Sub Accounts and a static IP address or multiple static IP address is intended for use with a single computer or a network of devices, computers and/or servers. You may not use the Service in a manner that is inconsistent with these intended uses. Unless otherwise specified, ARV Internet Internet services will support both IPV6 and IPV4 Internet addresses; however, to reach IPv6-exclusive Internet content, some of your equipment may require upgrades or replacement. For more information about IPv6 and how it affects you.

4) Interconnection.

Because the Internet consists of multiple interconnected networks and most Internet end points (for example, Web sites and other content providers) are not directly connected to the ARV Internet network, ARV Internet must connect to and exchange traffic with other networks to provide its subscribers the capability of uploading data to or downloading data from Internet end points that are connected to those networks. To that end, ARV Internet has entered into commercially negotiated agreements to exchange traffic with such networks on mutually agreeable terms. Consistent with its longstanding practice, ARV Internet does not warrant that it will establish or expand the connections between its network and other networks except on such mutually agreeable terms. To the extent ARV Internet is unable to reach agreement on terms of interconnection or network expansion with these other networks, it could affect your service. These impacts on your service performance are described in more detail in the ARV Internet Open Internet Notice. ARV Internet therefore makes no promise, express or implied, that you will be able to upload data to or download data from Internet end points connected to other networks at any particular speed.

Like the other networks that make up the Internet, the ARV Internet network is a shared network, which means that the transmission links and other network resources used to provide the Service are shared among the subscribers of ARV Internet. ARV Internet manages this network for the benefit of all users based on a variety of factors, and our technical expertise.

b. “Speed” of Internet Services, Technology and Data Usage.

ARV Internet offers many broadband internet access service options, each of which has a specific service capability speed range. The term “speed” is commonly used as a shorthand way to describe the capacity at which a particular broadband internet access service can transmit data. This capacity is typically measured in the number of kilobits, megabits, or gigabits that can be transmitted in one second (Kbps, Mbps, or Gbps). Some applications like a short email without attachments or basic Web browsing do not require high service capability speeds to function optimally, while other activities like transferring large data files can be performed faster with higher-speed services. Your service capability speed may not be suitable for some applications, particularly those involving real-time or near real-time, high-bandwidth uses such as streaming video or video conferencing.

a) “Connection.” Because service performance varies on an end-to-end basis, the service capability speeds of ARV Internet are limited to, and measured between, the equipment utilized to provision your Internet Service at the fixed address or location you identified when ordering the Internet Service and a point on the ARV Internet network, sometimes referred to as the “Connection” or your “internet connection.” The Connection constitutes only one segment of the end-to-end transmission path connecting the end user to Internet Web sites or content providers.

b) “Expected Speeds.” Because there are many factors which may impact the speed experienced by any particular internet user at any particular time (as described in more detail below), the “Expected Speed” represents an anticipated, theoretical speed of the Connection, based on network design and engineering, measured over time. At any moment in time, a particular observed speed will vary from the Expected Speed. However, ARV Internet manages its network toward an overall median speed consistent with the Expected Speed.

3) Technology.

Unless otherwise expressly agreed to the contrary, ARV Internet makes no warranty with regard to the technology used to provision any particular Internet Service. Notwithstanding any description that may be furnished for a particular Internet Service, ARV Internet reserves the right, in its sole and absolute discretion, to make changes to the technology used to provision all or any portion of any Internet Service. So long as the essential functionality of the Internet Service from a user perspective is not negatively impacted in a material way by any change in technology, ARV Internet has no obligation to notify you of any changes in technology and changes in technology will not affect your rights or obligations with respect to the Internet Service you have purchased.

For any particular Internet Service, the technology utilized to provision different portions of the Service may vary significantly. In those circumstance, and unless otherwise expressly agreed to the contrary, ARV Internet shall only be responsible for the technology utilized to provision the Connection. As discussed in further detail below, ARV Internet has no control over, and makes no warranties with respect to, the technology within the premises to which the Internet Service is provisioned (e.g. the inside wiring, local Wi-Fi, home network and/or local access network). ARV Internet further has no control over and makes no warranties with respect to the technology utilized by content providers for purposes of operating the servers which an end user must access in order to receive access to the content.

4) Other Factors that Impact Speed.

In addition to issues presented by the various technologies over which an internet access may operate on an end-to end basis, end-to-end performance of your Internet Service will also depend on a variety of other factors, including (but not limited to): the number of subscribers simultaneously using the network; specific characteristics of the location from which you are accessing the internet; specific characteristics of your intended destination on the internet; overall traffic on the Internet; Wi-Fi connectivity; interference with high frequency spectrum on your telephone line; wiring inside your premises, office or apartment complex; the capacity or performance of your network devices, routers, gateways or modems; the servers with which you must communicate with in order to reach your intended destination and/or access the content you are trying to access; internal and external network management factors (including Overhead, which refers to the various control and signaling data required to achieve the reliable transmission of Internet access data); and, the networks you and others are using when communicating. In addition, your use of other ARV Internet services (such as U-verse TV, ARV Internet Phone, Unified Messaging, and other services) that may share the capacity of your broadband connection with the Service may impact the amount of capacity available for your use of the Service at that particular time and thus affect the performance of the Service. Consequently, ARV Internet does not guarantee the performance of your service on an end- to-end basis. This is also why third party speed tests which include other portions of the overall internet connection beyond the Connection itself may yield results which are outside the expected speed range for your particular service plan on the Speed Tier page. ARV Internet expressly disclaims any warranty with respect to the outcome of these third party speed tests.

5) Download vs Upload Speeds.

The term “download” generally refers to the process of a user utilizing their local device or computer to access information stored on a remote device, computer or server connected to the internet and includes activities ranging from “surfing” the internet, to downloading a file to streaming video. The term “upload” generally refers to the process of a user sending information from their device or computer to a remote device, computer or server connected to the internet. Unless otherwise specified, references to the “speed” of an Internet Service will solely be with respect to the download speed of that Service. Similarly, unless otherwise specified, ARV Internet makes no guarantee that the upload speed of a particular Internet Service will be the same as the download speed, either in terms of the applicable speed range or in terms of actual performance at any given moment. In fact, as set forth on the Speed Tier Page, many Internet Services have expected upload speeds which are lower than the comparable expected download speeds. As a result, and as a result of the many other factors that might affect speed at any given moment, the actual upload and download speed of any Internet Service will vary greatly from time to time and day to day.

6) Data Usage on Residential Internet Services.

The residential Internet Service you purchased includes either an unlimited data allowance or a monthly data usage allowance with overage charges for usage in excess of your allowance. More details regarding the applicable data allowance is set forth in the Customer Service Summary or Order Confirmation Letter you received. Use of certain services, including but not limited to digital TV features and apps, ARV Internet Digital Life, home security, home automation and medical alarm systems, whether provided by ARV Internet or a third party, may count towards your Internet data usage allowance. For additional information about the use of your residential ARV Internet Internet Service, including management of your data usage, as well as information about other data plans that you might consider.

c. Availability and Service Changes.

1) Availability.

ARV Internet Internet Services are not available in all areas and may not be available at certain speed tiers (or at all) at your location, even if our initial testing, an ARV Internet website and/or any sales representative or other personnel associated with ARV Internet indicated that your location qualified for a particular speed tier or Service. If your location is situated in an MTU, availability of any particular Internet Service may depend upon the owner and/or manager of the MTU agreeing to grant ARV Internet access to the MTU and/or to your particular location.

The availability of any Internet Service may also be subject to various limitations upon the capacity of the various technologies utilized in ARV Internet’s network to support a given number of customers on any particular Internet Service and/or speed tier in a given area (“Capacity Limitations”). Some Internet Services are more likely to be subject to Capacity Limitations. When a particular part of ARV Internet’s network is approaching a Capacity Limitation, it can be very difficult for ARV Internet to predict exactly when or how that Capacity Limitation will impact upon the availability of a particular Internet Service to a particular location. This may mean that, although a certain location may be theoretically capable of receiving the Internet Service in question, Capacity Limitations at the time a particular order is placed may mean that a particular Service is not available to a particular location. This can even occur between the time that a Service is ordered and the time that the Services is installed / fulfilled, resulting in a Service that was shown as being available to a particular location at the time an order was placed no longer being available at the time of installation. As discussed in Section 5 below, Capacity Limitations may also mean that if a Service is terminated at any location for any reason whatsoever, it may not be possible to restore or renew that Service at that location. For all those reasons, ARV Internet makes absolutely no guarantee as to the availability of any Internet Service at any location.

2) Service Changes.

ARV Internet reserves the right to modify or discontinue any Internet Service (including rates and charges), temporarily or permanently. If ARV Internet makes a change that would have a material impact on your Service, ARV Internet will endeavor to provide you with reasonable notice of any such change. Your continued subscription to the Service after the effective date of the change constitutes your acceptance of the changes and the associated terms and conditions. In lieu of notice and Web site posting, ARV Internet may instead, at its sole discretion, require customers to enter into an agreement with ARV Internet regarding temporary material changes.

3) Technology Conversions.

In the event that ARV Internet determines to provision Internet Service at your location utilizing a different technology, we will evaluate whether the conversion can occur without significant interruption to your service, generally defined as no noticeable interruptions during normal business hours and no single interruption outside of normal business hours of more than one (1) hour in length. If we determine that the conversion can be accomplished without significant interruption in your service, we may elect to proceed with the conversion without prior notice to you. If we determine that the conversion is likely to result in a significant interruption in your service, we will endeavor to provide you with at least thirty (30) days’ notice of any anticipated significant interruptions of your service via email, direct mail, bill page message, and/or bill insert. If, due to factors outside our control, we cannot provide you with thirty (30) days’ notice, we will endeavor to provide you with as much advanced notice as circumstances reasonably allow. Following the period identified in such notice, we may at our sole discretion, either disconnect your service or temporarily suspend your service for up to fifteen (15) days to facilitate the conversion process.

As part of any conversion, we may, in our discretion, discontinue the particular Internet Service you are currently receiving and make available to you an alternate Internet Service of comparable or better Speed at the then applicable rates, terms, and conditions, which may differ from your previous Internet Service rates, terms, and conditions (including Bundle Discounts). If you are on a Term Plan and your overall price will increase as a result of this conversion, taking into account all applicable credits and discounts, you will not have to pay any applicable Early Termination Fee if you elect to cancel your Internet Service within the period specified for doing so on your updated Customer Service Summary or Confirmation Letter.

Your new Internet Service may require different or additional equipment in order to fully utilize. If that proves to be the case, we will endeavor to either provide you with the required equipment or notify you of any equipment you will be required to provide on your own. You may also be required to review and accept new or additional terms and conditions related to the new Internet Service and/or new equipment. If that proves to be the case, your acceptance of such terms and conditions will be a condition to your ability to access and utilize the new Internet Service.

2) Disclaimer of Warranties.

The condition of the IW over which your Internet Service is transmitted within your premises will impact the performance of the Internet Service, including with respect to speed, reliability and latency. You are solely responsible for the condition of any IW and ARV Internet expressly disclaims any responsibility thereto. If IW is provided by ARV Internet, upon completion of installation you will have full ownership and responsibility for such IW. Unless expressly agreed in writing to the contrary, ARV Internet makes no warranty to you or any other party for any work or materials constituting or associated with any inside wire. ARV Internet expressly disclaims any warranty of merchantability or fitness for a particular use, and ARV Internet has no responsibility to maintain, update, repair, replace, de-install, or remove any installed inside wire.

3) Home Wi-Fi.

Depending upon the Internet Service you purchase, your Internet Service may include Wi-Fi enabled home networking equipment (“Wi-Fi Equipment”) in order to help you allow Wi-Fi enabled devices to wirelessly connect to your Internet Service (“Home Wi-Fi”). (See the Applicable Schedule for details about what kind of Wi-Fi networking equipment many be included with the particular Internet Service you are purchasing.)

In order to use Home Wi-Fi, you must have Wi-Fi enabled devices that (a) meet U.S. and WiFi Alliance standards; (b) are compatible with the Wi-Fi network being generated by the applicable Wi-Fi Equipment; and (c) are capable of running IP and related protocols. The Wi-Fi enabled device you are utilizing must be in close enough proximity to the Wi-Fi Equipment to achieve connectivity with the Home Wi-Fi. Actual Home Wi-Fi coverage and quality may vary depending upon the location of the Wi-Fi Equipment, the location of the applicable Wi-Fi enabled device and conditions in and around the premises in which both the Equipment and the Wi-Fi enabled device operate.

Home Wi-Fi is designed to provide you with the highest speed available from your home network at any given point in time, subject to the many different factors that can affect network performance. ARV Internet’s most recent generation of Wi-Fi Equipment generally supports the IEEE 802.11 a/b/g/n/ac standard, although older Home Wi-Fi Equipment may only support the IEEE 802.11b or IEEE 80.11b/g standards. The theoretical maximum speed you may be capable of achieving from your Home Wi-Fi will depend heavily on which IEEE 802.11 standard is supported by the Wi-Fi Equipment you have as well as which IEEE 802.11 standard is supported by the particular device you are utilizing. (By way of example only, IEEE 802.11b offers a theoretical maximum of 11 Mbps while IEEE 802.11n offers a theoretical maximum of 600 Mbps. Even if the Wi-Fi Equipment at your location is capable of supporting IEEE 802.11n, if you are utilizing an older device that is only capable of supporting the older IEEE 802.11b standard your theoretical maximum speed will be limited to 11 Mbps.)

Although the IEEE 802.11 a/b/g/n/ac standards have theoretical maximum speeds ranging from over ten Mbps to over a gigabit per second, depending on which standard applies, actual Wi-Fi speeds will be substantially lower than the theoretical maximum speeds which describe the physical throughput rate including Wi-Fi protocol communications. The result is that the maximum you can receive may not exceed 40%-50% of the theoretical maximum Wi-Fi standard speed and may be significantly lower depending on other applicable factors. In addition to the factors discussed above, the actual speed you experience over Wi-Fi will depend in part on the speed of the connection between the Wi-Fi network you are accessing and the destination you want to reach on the Internet, which may be significantly below the theoretical maximum speed of the service. (By way of example only, if you order ARV Internet Internet 25, with a download Expected Speed of 25 Mbps according to the ARV Internet Speed Tier page, even if the Wi-Fi Equipment at your location and the device you are utilizing are both capable of supporting the IEEE 802.11n standard with a theoretical maximum speed of 600 Mbps, the theoretical maximum internet download speed with your device connected to your Home Wi-Fi will not exceed 25 Mbps.)

4) Home Network Management.

Although ARV Internet reserves the right to manage any equipment used to access any Internet Service, you are solely responsible for all security measures over your in-home network, including any IW, local area network(s) and/or Wi-Fi Equipment. That includes, but is not limited to, access to authorization codes or passwords, as well as any encryption you deem necessary or required. ARV Internet may provide you with tools or software to assist you in managing one or more aspects of your home network (which software would then be included in the term “Software” as used herein below), but you remain solely responsible for all aspects of your home network, including any activity by children or other guests that you may allow (either intentionally or unintentionally, through lack of adequate security measures) to access your Internet Services via your home network and/or Home Wi-Fi. For that reason, ARV Internet recommends that you take all necessary measures to ensure adequate network security and to closely monitor use of your Internet Services and your home network by anyone accessing your home network, especially children.

e. Nationwide Wi-Fi Hot Spots (For Internet).

Access to ARV Internet’s nationwide network of Wi-Fi Hot Spots may be available to you as part of the Service, and the ARV Internet Wi-Fi Hot Spots will provide you with access to the Internet via certain ARV Internet Internet access points (Locations). Primarily, this access is provided via a Wi-Fi network using an IEEE 802.11 standard. To access the Wi-Fi Hot Spots, you must have a device that is compatible with the specific Wi-Fi equipment deployed at a Location. Access to the Hot Spots is intended for the limited purposes of assisting with access to the public Internet for email and Web browsing or other purposes consistent with the ARV Internet Wi-Fi Terms of Service. In order to gain access to the Internet at a Location, You may need your Member account information including your Member ID. If you are also an ARV Internet Mobility customer, you may auto- authenticate at certain Locations without the use of your Member ID. The ARV Internet Wi-Fi Terms of Service will govern your use of ARV Internet Wi-Fi Hot Spots.

3. Registration and Membership

a. Member Account.

When you complete the registration process for the Service, you become the “Member Account” holder. To be a Member Account holder you must either be: (i) 18 years or older, if an individual, or, (ii) be a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept this Agreement and acting through your duly authorized representative. You will be asked to choose a unique “Member ID” for your account.

b. Sub Accounts.

Unless otherwise specified, Member Account holders may also create up to ten accounts with separate login credentials that are linked to the Member Account (each a “Sub Account”). Each Sub Account will also be required to accept this Agreement and complete the Sub Account registration.

c. Member Account Responsibility.

The Member Account holder is responsible for all activity associated with the Member Account and any of its Sub Accounts, including all fees and charges, whether the charges are incurred by the Member Account or the Sub Accounts. Use of Member ID subjects you to the ARV Internet Access ID

d. Registration Data.

All information that you provide to ARV Internet must be accurate, including your name, address, credit or charge card numbers and expiration dates, and any payment information (“Registration Data”). You are responsible for keeping all Registration Data accurate and must provide changes promptly to the ARV Internet Member Center.

e. Authority and Authorized User(s).

You may authorize spouses, partners, family or other household members or designated persons to act on your behalf in managing your Member Account, including changing or adding equipment and programming: (i) by providing such person access to your confidential account password or passcode; (ii) by updating your account information to add authorized user(s); (iii) by granting authorizations and/or ordering permissions to Sub Account holder(s); and/or (iv) by granting anyone primary or secondary online access to manage your account (each such person, an “Authorized User”). Further, if you are not present and/or do not affirmatively identify yourself as the Member Account holder at the time of any Service installation, you hereby authorize any Adult who is present to act on your behalf, including accepting this Agreement and any related agreements required in connection with the completion of the installation and/or the activation of the Service and approving any changes to your Services. You may also authorize these persons, along with guests known to you, to access your Internet Services, subject to your obligations at all times to maintain adequate security controls regarding access to your accounts, your network and the Internet Services and to ensure that all such individuals comply with the provisions of this Agreement.

f. Password Protections.

Your account password or passcode (as applicable) must be provided to engage in most online or telephonically enabled account management functions. You agree to immediately notify ARV Internet if your password or passcode has been compromised and/or you wish to remove an authorized user from your account; in the absence of such notification, you are responsible for activities on your Member Account, including by persons listed as authorized users.

4. Pricing

a. Term Plans, Bundle Discounts.

When you purchased the Service, you agreed to a specific price and plan, which may have included a term for the Service of one or more years (“Term Plan”). Similarly, some plans may offer a discount on the Service if you sign up for other ARV Internet services (“Bundle Discount”). You agree to maintain your Service and any bundled services for the applicable term of the Term Plan or Bundle Discount, as applicable. If you signed up for a Term Plan or a Bundle Discount, the price under the applicable plans is valid until one of the following events occurs, at which time the price of your Service may revert to the then-existing price for such Service: (1) the term of your plan expires; (2) you change your current Service address to another Service address; (3) you drop one of the ARV Internet services that you were required to purchase to receive the special rate; or (4) ARV Internet exercises a right under this Agreement to terminate your Member Account’s (or any associated Sub Account’s or Authorized User’s) use of the Service.

5. Termination or Cancellation of Service

a. Your Decision to Terminate or Continue Service.

You may cancel your Service, but if you do so before the end of any applicable term, you will be subject to any early termination fee which may be associated with that plan as specified in your Customer Service Summary, your Order Confirmation Letter or the applicable Fee Schedule(s) (referred to as an “Early Termination Fee” or “ETF”). At the conclusion of your term, or at all times if you did not agree to a Term Plan, your continued Service will be provided on a month-to-month basis. Regardless of whether you are subject to any applicable term or have Service on a month-to-month basis, if you cancel Service prior to the end of your billing cycle, your Service cancellation will be effective as of the final day of your billing cycle for billing purposes. You will not receive a refund or prorated credit of any portion of Service if you cancel prior to the end of your billing cycle. If you elect to continue Service on a month-to-month basis, you should review the then current Agreement regularly at att.com/internet-terms. The then current Agreement will govern your Service. Your election to continue Service represents your agreement to the then current Agreement.

b. Service Suspension/Termination by ARV Internet.

ARV Internet may immediately terminate or suspend your Member Account and Sub Accounts, and all or a portion of your Service without notice for any of the reasons set forth in ARV Internet’s Acceptable Use Policy, or if: (a) you provide false or inaccurate information to ARV Internet; (b) you (or anyone you permit to utilize the Service, including a Sub Account associated with your Member ID) violate this Agreement or the ARV Internet Acceptable Use Policy; (c) you (or anyone you permit to utilize the Service, including a Sub Account associated with your Member ID) engage in conduct that is a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); or, (d) if you engage in conduct that is threatening, abusive or harassing to ARV Internet, employees or any of their vendor’s employees or representatives, including, for example, making threats to physically harm or damage employee or company property, frequent use of profane or vulgar language, or repeatedly contacting our customer service representatives for reasons that do not pertain to our provisioning, maintenance, repair, or general servicing of your Service after you have been asked to stop such conduct. You may also be subject to suspension or termination pursuant to Section 6 below. If we terminate your Service and you have a term commitment that is subject to an ETF, we may charge you that ETF in addition to any other rights that we reserve in other provisions of this Agreement.

If we terminate or suspend your Service, your license to use any software provided in connection with the Service is also terminated or suspended (as applicable). If your Service is terminated, ARV Internet has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges for the Service through the end of the billing cycle when the Service is terminated.

c. Suspension and Termination for Non-payment.

ARV Internet may suspend or terminate Service if your payment is past due. While your Service is suspended, billing will continue for your monthly charges.

d. Suspension and/or Termination upon Loss of Access.

Upon any interruption or loss of either your or ARV Internet’s rights to access any part of the network facilities required to provide your Internet Service, including the interruption or loss of any rights to access the land or buildings in which the facilities are located, ARV Internet may, in its sole discretion, suspend or terminate all or any portion of your Internet Service. In general and where applicable, ARV Internet will utilize available public rights of way to access network facilities utilized for providing Services. However, if you are the owner of the location to which your Services are provisioned, it is ultimately your responsibility to secure any necessary rights of access outside of the public rights of way. If you lease or rent the location at which you wish to receive Services, or if the location is located in a MTU type of arrangement,receipt of Services is expressly conditioned on the owner, landlord and/or building manager providing all customary, reasonable and necessary rights and permissions to allow ARV Internet access to the network facilities necessary to provide your Internet Service. ARV Internet makes no representation and can’t guarantee that the owner, landlord and/or building manager has or will provide the applicable rights and permissions necessary for you to receive Internet Service or any particular grade of Internet Service, and explicitly disclaims any such representation or guarantee. In the event of any interruption or loss of access, ARV Internet will endeavor to provide you with reasonable advanced notice of any suspension or termination of Internet Service, however the timing of any suspension or termination, as well as the timing of any resumption of Internet Services, are entirely at ARV Internet’s reasonable discretion. In general, and unless otherwise specified, billing will continue for your monthly charges while your Service is suspended.

e. Restoral Fee and Payment of Past Due Amounts.

If either you or ARV Internet suspends a Service for any reason set forth herein (other than due to ARV Internet’s loss of access), you must make satisfactory arrangements to pay all past due amounts in order to have that Service restored. You will also be required to pay a Service Restoral Fee of no more than $50 per incident of suspension or termination of a particular Service (subject to applicable law and except as may otherwise have been expressly agreed in writing). The Restoral Fee will be assessed on the next monthly bill you receive following the resumption of Service.

6. Payment

You agree to pay in full each month: (1) the monthly fee specified when you ordered your Service; (2) any charge(s) for equipment required for your Service; (3) activation fees, connection charges, and/or installation charges, if any; (4) late fees, Service Restoral Fees, and other applicable Service charges; and, (4) any applicable taxes, recovery fees, and surcharges that ARV Internet pays to municipalities and other governmental entities and may pass on to you. For a list of additional fees that could apply to the Service, please see the applicable Fee Schedules, which are expressly incorporated herein by reference.

b. Billing.

If the Service is eligible for self-installation and you choose to self-install the Service, billing will begin when Service is provisioned by ARV Internet, whether or not you have installed and begun to use the Service. If you choose to have a technician install the Service, billing will begin when the installation is complete, unless you initially select to self-install, and subsequently ask for a technician installation (in which case, billing will begin when Service is provisioned by ARV Internet).

c. Method of Payment.

Your monthly charges may be billed via a monthly ARV Internet bill or to a credit card. ARV Internet Internet customers will automatically receive an online bill (see below), unless you specifically notify us that you want to receive a paper bill by calling either of the following numbers (as applicable to you):

d. Credit Card Billing.

You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize ARV Internet to charge and/or place a hold on your credit card with respect to any unpaid charges for your Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that this Agreement shall be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that this Agreement shall be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize ARV Internet and/or any other company who bills products or services, or acts as billing agent for ARV Internet, to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide ARV Internet with updated credit card information upon the request of ARV Internet and any time the information you previously provided is no longer valid. You acknowledge and agree that neither ARV Internet nor any ARV Internet affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at the option of ARV Internet, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional fee. For a list of additional fees that could apply to the Service, please see the applicable Fee Schedule(s).

e. Online Billing for ARV Internet Internet Members.

You must register online to establish a personal myARV Internet account and provide a billing email address. You will then be able to view and pay your bill online by logging on to your personal myARV Internet account (username and password required).

You understand that you have sole responsibility for the security of your password and you are solely responsible for notifying ARV Internet if your password is lost or stolen. ARV Internet is not liable for any claims, costs, damages, or expenses arising from a lost, misplaced, or stolen password. If you have forgotten your password or want to change your password for any reason, you may request to reset your password online. It is your responsibility to notify ARV Internet immediately if your contact information changes.

f. Late Payment Charge and Dishonored Check or Other Instrument Fee.

You agree that for each bill not paid in full by the payment due date, a Late Payment Charge will be assessed of no more than $10 per bill (subject to applicable law and except as may otherwise have been expressly agreed in writing). Please see the applicable Fee Schedule(s) to determine the Late Payment Charge amount applicable to your particular Service(s). Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any ARV Internet rights to collect the full amount due. You will also be charged a fee (the “NSF/Returned Check Fee”) for each and any check or other instrument (including credit card charge backs) returned unpaid for any reason of no more than $30 per check or transaction (subject to applicable law and except as may otherwise have been expressly agreed in writing). Please see the applicable Fee Schedule(s) to determine the NSF/Returned Check Fee amount applicable to your particular Service(s).

h. Refunds and Credits.

Except as otherwise required by applicable law, any amounts refunded in the form of bill credits, cash payments, or any other form shall be inclusive of all applicable taxes that were originally paid on such amounts. Credit amounts, such as customer loyalty rewards, that do not represent a refund of, or a discount to, the price paid for any good or service will not result in the refund of any previously paid tax, fee, or surcharge.

American RV Internet does not offer pro rated refunds, or return periods. All services paid for are rendered until the date paid. Any amounts in excess of one month remaining on services can be refunded on a per case basis.

7. Equipment & Software

a. Customer Equipment.

Other than the equipment and/or software provided to you by ARV Internet for use with the Service (collectively, the “ARV Internet Equipment”), you must provide all equipment, devices, and software necessary to receive the Service. Any equipment or software that was not provided to you by ARV Internet, including batteries, is not the responsibility of ARV Internet and ARV Internet will not provide support for, or be responsible for ongoing maintenance of such equipment.

Regardless of whether the equipment used to access your Service (modem, gateway, or otherwise) is owned by you or ARV Internet, ARV Internet reserves the right to manage such equipment for the duration of your Service and retains exclusive rights to data generated by the equipment. Neither you nor a third party may change, interfere with, or block access to equipment, the data or settings while you continue to receive the Service.

b. ARV Internet Equipment.

Any ARV Internet Equipment, including modems, routers, antennas or gateways, will be either a new or a fully inspected and tested refurbished unit.

ARV Internet will repair or replace damaged ARV Internet Equipment as ARV Internet deems necessary and may charge you a fee for repair or replacement of the equipment. You understand that repair or replacement of equipment may delete stored content, reset personal settings, or otherwise alter the functionality of such equipment. You will be responsible for payment of service charges for visits by ARV Internet or its subcontractors to your premises when a service request results from causes not attributable to ARV Internet or its subcontractors, including, but not limited to, when you are unwilling to complete troubleshooting steps requested by ARV Internet. If you own the equipment or if the equipment is damaged due to your intentional acts or negligence as determined by ARV Internet, you will be responsible for the price of repair or replacement.

If the Equipment was damaged due to your intentional acts, negligence, or use inconsistent with this Agreement, as determined by ARV Internet, you will be responsible for the price of repair or replacement. Any tampering with the ARV Internet Equipment, including, for example, opening and attempting to modify the Equipment, or attempting to connect the equipment to other hardware, will be treated as damage due to your intentional acts or negligence. You agree that you will use the equipment only for its intended use, and not for any other purpose (such as on another ARV Internet network, or on another provider’s (non-ARV Internet) network). You agree to use appropriate and reasonable care in using any and all Equipment. Tampering with the Equipment, or attempting to connect the Equipment to other hardware, will be treated as damage due to your intentional acts or negligence.

c. Access & Installation of Equipment.

You will provide ARV Internet and its subcontractors with reasonable access to your premises in order to install, maintain, and repair the Service and you authorize any other Adult resident or guest at your residence (each, an Authorized User for purposes of this Agreement) to grant access to your premises for these purposes. You understand and agree that ARV Internet may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces) in order to install, maintain, or repair the Service. If you do not own your premises or your unit is part of a MTU, you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to allow ARV Internet and its subcontractors reasonable access to install, maintain, and repair the Service and to make any alterations ARV Internet deems appropriate for the work to be performed.

You acknowledge that ARV Internet may use existing wiring, including altering the wiring and removing accessories, located within your unit (“Inside Wiring” or “IW”). You warrant that you own or control the Inside Wiring, and give ARV Internet permission to use, alter, and remove equipment from, such wiring. Without limiting any other provisions of this TOS, you agree to indemnify ARV Internet from and against all claims by an owner, landlord, building manager, or other party in connection with installation, maintenance, repair, or provision of the Services.

d. Power and Battery Backup.

The ARV Internet Equipment may require electrical power from your premises to operate, which you are responsible for providing. If there is a gateway at your premises, ARV Internet will not provide an initial gateway battery backup unit or an initial backup battery. Any backup battery solution is your responsibility. You may choose to purchase battery backup for your ARV Internet Equipment from third party manufacturers or retailers.

You also agree to be solely responsible for determining when backup batteries for any ARV Internet Equipment require replacement and for replacing and recycling used batteries. You agree to read and follow all manufacturer or vendor directions for the replacement and recycling of backup batteries.

Note that ARV Internet Equipment without battery backup will not function in the event of a loss of customer-supplied power. This will disrupt your Internet Service as well as any additional services that use the ARV Internet Connection for transport (e.g. Voice over IP including e911) or require an internet connection to operate properly. ARV Internet will have no liability for loss of any service(s), whether provisioned by ARV Internet or a third party, in the event of interruption of customer-supplied power, with or without battery backup present in the ARV Internet equipment.

e. Theft or Misuse.

You agree to notify ARV Internet immediately, in writing or by calling the ARV Internet customer support line, if the ARV Internet Equipment is stolen or if you become aware at any time that Services are being stolen or fraudulently used. When you call or write, you must provide a detailed description of the circumstances of the theft, including documentation of theft or fraudulent use of the ARV Internet Equipment or Services (such as a copy of a police report). You will be responsible for all charges incurred until you report the theft or fraudulent use. You will also be responsible for stolen ARV Internet Equipment not owned by you; however, ARV Internet may in its sole discretion waive or reduce charges upon submission of documentation of theft or other circumstances. Failure to provide notice to ARV Internet of theft in a timely manner may result in the termination of your Services and additional charges to you. Unless notified otherwise by ARV Internet, after you report the theft or fraudulent use of the Services, you will remain responsible for paying your monthly fees for Services not stolen or fraudulently used.

f. Return of ARV Internet Equipment:

Except as otherwise provided, ARV Internet Equipment must be returned to ARV Internet undamaged, within twenty-one (21) calendar days after your Service is terminated for any reason. If equipment is not returned within twenty-one (21) calendar days, or is returned damaged, you will be charged a Non-Return Equipment Fee. We may retain any advance payment or deposit, or portion thereof that previously had not been refunded, if you fail to return the ARV Internet Equipment within this time period. If all ARV Internet Equipment is returned within six (6) months of termination, any fees charged for such ARV Internet Equipment will be refunded (other than fees for damages). No refunds will be made for ARV Internet Equipment returned more than six (6) months after termination. This Paragraph also applies if your existing equipment is replaced or upgraded for any reason.

8. Account Security

You will receive a password associated with your Member ID upon completing the Service registration process. You agree to keep confidential all passwords, IP addresses, and computer names and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your password, Member ID, or IP address. You agree to do all of the following:

(a) immediately notify ARV Internet if you suspect any breach of security such as loss, theft, Public Use, or unauthorized disclosure or use of your Member Account or Sub Account, password, Member ID, or any credit or charge card number provided to ARV Internet by calling:

(b) Ensure that you exit from your account at the end of each session; and,

(c) Periodically change your password. There is a risk that other users may attempt to access your computer through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the Service and you agree to take full responsibility for taking adequate security precautions and safeguarding your data from loss.

9. Third Party Services

The Service may permit access to products, services, websites, advertisements, and content (“Third Party Content and Services”) from advertisers, publishers, vendors and other third parties (“Third Parties”). Your use of Third Party Content and Services may be subject to additional terms of use set by the Third Parties. YOUR USE OF THIRD PARTY CONTENT AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION. ARV Internet does not investigate, monitor, represent, endorse or publish the Third Party Content and Services. Furthermore, ARV Internet does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any Third Party, or represent or warrant that your use of any Third Party Content or Services will not infringe the rights of third parties. ARV Internet reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Service. ARV Internet shall have no liability to you arising out of or in connection with your access to and use (or misuse) of the Third Party Content and Services.

You may have previously been given the option to combine your Member ID with a user account or ID that was created in connection with certain Third Party Content and Services (a “Third Party ID”) to enable single sign on to the Site. In ARV Internet’s sole discretion, ARV Internet may elect to separate your Member ID from the Third Party ID. In such case, use of the Third Party ID will no longer enable you to authenticate into the Site or any other ARV Internet digital properties, and you will need to use your Member ID, Access ID or another ID that was created via ARV Internet, which was not combined with a Third Party ID, to access the Site or any other ARV Internet digital properties. Continued access and use of any Third Party Content and Services or Third Party ID will be subject to the terms of use provided by the applicable third party.

10. Restrictions on Use

Your use of the Service is subject to the ARV Internet Acceptable Use Policy (“AUP”) In accordance with the AUP, ARV Internet reserves the right to deny, disconnect, modify, and/or terminate, without notice, the Member Account or the Service provided by ARV Internet to any customer whose use of the service violates the AUP. Examples of violations of the AUP include, but are not limited to: (i) unlawful activities, (ii) violation of intellectual property rights, (iii) publication or dissemination of threatening material, (iv) inappropriate interaction with minors, (v) Spam/Email/Usenet abuse, (vi) uses which are harmful to or interfere with the use of the ARV Internet network or its systems, or the network of any other provider, (vii) uses which interfere with the use or enjoyment of the Services received by others, and, (viii) uses that constitutes a security risk or a violation of privacy. In addition, ARV Internet reserves the right to terminate or suspend the Service for any of the reasons set forth in the AUP, including when ARV Internet reasonably determines that your use of the Service (including use by others under a Master Account or any Sub Account) may expose ARV Internet to sanctions, prosecution, civil action or any other liability, See the AUP for a more detailed discussion of the policy.

b. Copyright Infringement & Digital Millennium Copyright Act.

You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity), or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through the Service(s). ARV Internet assumes no responsibility, and you assume all risks, regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.

ARV Internet respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) and other applicable laws, ARV Internet has adopted and maintains a policy that provides for termination of Service in appropriate circumstances of the account(s) of customers who are repeat copyright infringers. ARV Internet may limit, suspend or terminate your service at any time with or without notice to you.

If you believe the copyright to your work has been infringed in connection with an ARV Internet service that involves system caching, information residing on systems or networks at the direction of users, or information location tools as described in 17 U.S.C. §§ 512(b)–(d),

ARV Internet also maintains the ARV Internet Copyright Alert Program that allows copyright holders to notify ARV Internet of claimed infringement occurring on ARV Internet’s transitory digital network communications services pursuant to 17 U.S.C. § 512(a). Under the program, content owners may submit notifications to ARV Internet of alleged copyright infringement based on information they have independently collected by joining peer-to-peer networks, in accordance with the industry standard Automated Copyright Notice System. ARV Internet then will attempt to identify a subscriber account if the content owner has detected an IP address utilized by an ARV Internet subscriber and forward a copyright alert to the subscriber account, advising the account holder of the allegation and providing information about online copyright infringement. If a subscriber receives additional alerts, we may temporarily redirect the account holder’s broadband Internet access service to a webpage where the account holder must review material on the importance of copyright and the lawful use of content available over the Internet. Upon completion of this review, such redirection will be discontinued and the subscriber’s service will be restored to normal. After this stage, if a subscriber continues to receive additional alerts, ARV Internet may take further action consistent with 17 U.S.C. § 512(i), which may ultimately result in termination of the subscriber/accountholder’s broadband Internet access service. Account holders’ personally identifiable information is protected throughout this process. ARV Internet will not provide such information to content owners unless required to do so by court order. For more information about ARV Internet’s Copyright Alert Program

ARV Internet’s policies may be revised from time to time and, in addition, ARV Internet may in its sole discretion voluntarily participate, on terms acceptable to ARV Internet, in copyright alert and graduated response programs with other stakeholders.

c. Use by Children.

ARV Internet is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 should not be permitted to access the Service unless added as a Sub Account by a Member Account holder who is their legal guardian. You understand that by adding a child to your Member Account, you are giving your child access to features that are available as part of the Service (including email, message boards, clubs, and instant messages) and the Internet. Please remember that the Service is designed to appeal to a broad audience. It is your responsibility to determine whether the features provided through the Service are appropriate for a minor.

ARV Internet suggests that you take advantage of the access controls offered with the Service, which allow you, as the Member Account holder, to block access to certain types of Web content you may feel are inappropriate for minors. However, ARV Internet also recommends that you remain diligent in the supervision of any minors in their use of the Service and the Internet. Access controls provided through the Service are intended as a guide only. Neither ARV Internet nor its licensors can be responsible for any content accessed by you or minors, whether or not you take advantage of the access controls provided through the Service. In addition, neither ARV Internet nor its licensors guarantee the accuracy of such access controls, and you agree that you will not hold ARV Internet liable for any loss or damage of any kind incurred as a result of the use of such access controls.

d. Network Management.

ARV Internet reserves the right to engage in reasonable network management practices, and to protect its broadband network from harm, compromised capacity, degradation in network performance or service levels, or uses of the Service which may adversely impact access to or the use of the Service by other customers. Reasonable network management practices that ARV Internet may adopt include, but are not limited to, the following: (i) a cap on data usage; (ii) a modification of a customer’s serving facility or service technology; and/or, (iii) a modification of or a limitation on a customer’s data throughput speed or data consumption.

A very small percentage of customers use the Service in a way that creates harm to the network, compromised capacity, degradation in network performance or service levels, or which may adversely impact access to or the use of the Service by other customers. In the event that ARV Internet adopts a network management practice which will apply to your Service, we will provide you with a notice, by Web posting, bill insert, email, letter, and/or other appropriate means, which describes the network management practice, explains how it will work, and explains how it could impact your Service.