Terms of Service
Effective date: to be set at launch · Draft for legal review
This agreement governs your use of InfoWest service. Related policies live on their own pages: our Acceptable Use Policy, Open Internet Principles, Copyright & DMCA Policy, Privacy Policy, and Voice Fair Use Policy.
Your Agreement and Account
By signing up for any InfoWest service, you agree to the following terms. All provisions of InfoWest's Service Agreement (this "Agreement") apply to your Principal Account and any Associate Accounts billed to the Principal Account.
The benefits of, or rights conferred by, this Agreement are non-transferable. Use of InfoWest accounts is expressly limited to the individual or business whose name appears on the account.
You agree to use the services in a manner consistent with all applicable laws, and to follow the Acceptable Use Policy of any network you connect to, including InfoWest's system.
If you are less than 18 years of age, this Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to use of your account(s).
Use of InfoWest's name or logo for advertising or promotion of a commercial product or service without InfoWest's express written consent is prohibited.
Account Security
You are responsible for all use of your account(s) and for the confidentiality of your password(s). InfoWest will suspend or change access to your account(s) immediately upon notification that your password has been lost, stolen, or otherwise compromised.
You agree that your password is confidential and agree not to disclose it to any other person or entity, and to take reasonable steps to keep it confidential.
InfoWest does not permit the use of any software, program, tool, process, or mechanism that is, or could be, used to guess or identify passwords, or that makes unauthorized attempts to access other systems or networks. InfoWest will assist local, state, or federal authorities in prosecuting anyone making illegal use of InfoWest's services.
Fees, Billing, and Payment
You are responsible for all local or long-distance telephone charges for connecting to InfoWest.
You agree to pay InfoWest all charges relating to the use of your account(s) according to rates and prices published at the time the service is used. Rates and prices are incorporated into this Agreement by reference. You are also responsible for any agreed-upon monthly storage charges. All fees are non-refundable.
Access is subject to credit limits established by the issuer of your credit card and by InfoWest. A credit limit applies to all accounts. Your access to service may be suspended if you exceed your credit limit unless prior arrangements have been made.
You are responsible for making payments for basic monthly charges in advance of receiving service, in accordance with InfoWest's standard billing procedures. All payments are non-refundable.
All billing disputes must be raised within 60 days of the billing statement. Disputes and refunds are handled on a case-by-case basis. For questions or concerns, contact an InfoWest billing team member at 435-674-0165 ext 3.
InfoWest reserves the right to change prices on 30 days' notice published online.
You agree to pay all attorneys' fees, court costs, and filing fees, including charges or commissions that may be assessed to us by any collection agency retained to pursue this matter, which may be as much as 50% of the principal balance owing. You further agree to pay interest at the rate of 1.5% per month (18% per year). Minimum monthly finance charge: $2.
InfoWest reserves the right to suspend access to service for your account(s) upon an indication of credit problems, including delinquent payments or rejection of any credit card charges.
Warranties and Liability
THE INFOWEST SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO INFOWEST OR ANY INFORMATION OR SOFTWARE THEREIN. THIS DISCLAIMER EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSS OF INCOME DUE TO DISRUPTION OF SERVICE BY INFOWEST OR ITS PROVIDERS.
Neither InfoWest nor its information providers are responsible for any damages arising from your use of InfoWest, or from your inability to use InfoWest's service.
Changes to Service
InfoWest reserves the right to change, without notice, the InfoWest service, including but not limited to access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.
Your Files and Content
InfoWest is not responsible for your personal files residing on InfoWest. You are responsible for independently backing up your data stored on InfoWest.
InfoWest reserves the right to delete your personal files after either party terminates this Agreement, and reserves the right, in its sole discretion, to delete any information you enter into InfoWest.
InfoWest and its authorized representatives have the right, but are not obligated, to edit publicly viewable information.
You agree that any material submitted for publication on InfoWest through your account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others, and does not contain anything obscene or libelous.
Because of the public nature of the Internet, all email is considered publicly accessible, and important information transferred through the Internet should be treated accordingly.
You acknowledge that InfoWest accounts allow full access to the Internet, which may include information, language, or images that are intended for adult audiences or that you may find offensive. InfoWest will not censor this material; if you find it offensive or inappropriate, your sole remedy is to cancel your account.
Suspension and Termination
InfoWest, in its sole business judgment, may terminate this Agreement immediately, or suspend your access to service, upon any breach of this Agreement by you, including but not limited to refusal or failure to pay for services provided, or InfoWest's sole judgment that you may be performing activities harmful to InfoWest or its users, employees, vendors, business relationships, or any other users of the Internet.
InfoWest reserves the right to terminate access to service for any account that has been inactive for 6 months.
Use of a distribution list in electronic mail, or other mass electronic mailings, is subject to InfoWest's approval.
General Terms
This Agreement is governed by the laws of the State of Utah.
InfoWest may modify these terms and conditions upon notice published online. Your continued use of InfoWest services after such notice constitutes your acceptance of the modifications to this Agreement.
Non-enforcement of any section of this Agreement does not constitute consent, and InfoWest reserves the right to enforce this Agreement at its sole discretion.
If any one or more paragraphs of this Agreement is found to be unenforceable or invalid, your and InfoWest's agreement on all other paragraphs remains valid.
Installation and Equipment
You acknowledge that InfoWest is not liable or responsible for pre-existing cable or pre-existing mounting hardware not installed by InfoWest, including but not limited to:
- Cable run through the attic by either the customer or a third party.
- Existing cable running from the exterior communications panel into the home or building.
- Existing cable running from the interior communications panel to any location inside the home or building.
- Any existing cable used for internet installation from a previous internet service provider.
- Any existing mount used for internet installation from a previous internet service provider, over-the-air television antenna, or satellite TV provider.
- Cable buried underground.
- Cable run through a conduit or pipeline.
- Any existing cable running from the exterior of the home or building into any location inside the home or building.
- Any existing cable running from the interior of the home or building into any other location inside the home or building.
- Any splices in the cable (couplers, punch-down blocks, clamshell, twist pair, etc.).
In the event of a failure of the pre-existing cable or mounting hardware described above, you agree to pay InfoWest $90/hr for the repair or replacement of the cable and/or mounting hardware.
All equipment installed by InfoWest remains the property of InfoWest. If, upon termination of service, InfoWest is unable to retrieve this equipment for any reason, the account holder may be charged a fee of up to $1,000 to cover the cost of replacement and recovery.
You consent that InfoWest will have non-restricted access to its equipment for maintenance, relocation, signal tuning, upgrades, and removal of equipment when services are terminated.