Your ARCA FOEDERIS LLC Consumer Service Agreement (“Agreement”) includes the terms and conditions for our products and services. By activating, using, or paying for any of these products or services, you’re accepting and agree to be bound by this Agreement. If you don’t agree, contact us immediately to cancel your order and/or service and return any products.
Please read this Agreement carefully. It requires us to resolve disputes through arbitration on an individual basis rather than jury trials or class actions. It also governs how we handle your information, including information related to your ARCA FOEDERIS LLC Account and your location.
The products and services covered by this Agreement are generally for consumer and certain small business use. If you intend to use them for any other purpose, it’s up to you to make sure that use is expressly permitted by your Agreement with us. This Agreement generally limits our liability to you to a refund of what you paid us for the applicable ARCA FOEDERIS LLC product or service during the period in which you’re experiencing issue, up to a maximum of 24 months.
Heads up: You are responsible for how you choose to use the products and services you purchase from us. We can’t guarantee the security of your ARCA FOEDERIS LLC Account, the internet, any third party-services you may choose to use or interact with through the services we provide, or any third-party devices or equipment you may choose to use to access our services. Please be careful with your personal information and online safety.
1.1 Our Agreement
If you are an existing customer, this Agreement replaces the Wireless Customer Agreement, Terms of Service and Plan Terms for ARCA FOEDERIS LLC PREPAID, Data Services Agreement, ARCA FOEDERIS LLC Phone terms of service (VOIP), Fixed Wireless Service Terms, and ARCA FOEDERIS LLC Internet Terms of Service.
1.2 Your ARCA FOEDERIS LLC Account and Account Access
You may need to set up one or more accounts (“ARCA FOEDERIS LLC Account” or “Account”) in order to purchase or use products and ARCA FOEDERIS LLC Services. You are responsible for ensuring that any information you provide us in connection with your ARCA FOEDERIS LLC Accounts, including contact information and billing information, is accurate and remains current.
You are responsible for any activity that occurs on or through your ARCA FOEDERIS LLC Accounts. We do not guarantee the security of your ARCA FOEDERIS LLC Accounts, so please ensure that your credentials for accessing or using your Accounts, such as your passwords, personal identification numbers, social security number, or other personal information are secure. If you learn of any unauthorized use of any ARCA FOEDERIS LLC Account for any ARCA FOEDERIS LLC Service, please contact us immediately. The phone number for your ARCA FOEDERIS LLC Service is 1-844-MR-ALOYE.
You may have previously been given the option to combine credentials to log onto some ARCA FOEDERIS LLC Accounts and/or other ARCA FOEDERIS LLC or third-party accounts. In ARCA FOEDERIS LLC’s sole discretion, ARCA FOEDERIS LLC may end single sign on and separate your Account credentials.
1.3 Dispute Resolution by Binding Arbitration
Please read this carefully. It affects your rights.
Our customer-service department can resolve most customer concerns quickly and to the customer’s satisfaction. Please visit www.aloye.com or call 1-844-MR-ALOYE to contact the customer-service team for your ARCA FOEDERIS LLC Service. In the unlikely event that you are not satisfied with customer service’s solution (or if we haven’t been able to resolve a dispute between us after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
1.4 How We May Contact You
You understand and agree that on occasion it may be necessary that we contact you regarding your Accounts, your ARCA FOEDERIS LLC Services, and additional products and services that we, our affiliates, assignees, successors, or third parties may offer. Accordingly, you agree that ARCA FOEDERIS LLC and its current and future affiliates, assignees, successors, agents, and outside collection agencies may contact you using any method that you provide to any current or future ARCA FOEDERIS LLC affiliate, agent, assignee, successor, or outside collection agency, including by phone, mail, email, text message, push notifications, or other medium, as well as by including messages on or inserts with bills for your ARCA FOEDERIS LLC Services. You agree that notices provided to you using any of these methods are sufficient to be deemed to be received by you. You further agree that any calls or texts sent to numbers you provide us or our current or future affiliates, agents, assignees, successors or outside collection agencies (including wireline or wireless numbers) may be sent using an automatic telephone dialing system or artificial or prerecorded voices, and that you cannot revoke your consent to be contacted in this manner.
You agree to contact us promptly if any contact number we have for you has changed. You also agree that we can send you email or other electronic messages by any means, including an automated system that sends preset messages.
Please do not overlook the important messages section of your bill. Bill messages and inserts are a keyway we share information with you. If you have online billing, you are deemed to have received those notices when your online bill is available for viewing. If you get a paper bill, you are deemed to have received those notices three days after we mail the bill to you.
1.5 Termination or Suspension of ARCA FOEDERIS LLC Services
You may cancel or terminate one or more of your ARCA FOEDERIS LLC Services at any time. If you want to cancel an ARCA FOEDERIS LLC Service, please contact the customer-service department for that ARCA FOEDERIS LLC Service. The phone number is 1-844-MR-ALOYE. If you cancel an ARCA FOEDERIS LLC Service, you might lose any discounts you obtained from bundling together ARCA FOEDERIS LLC Services. And some of your remaining ARCA FOEDERIS LLC Services may not work (or work the same way) after the cancellation of one of the bundled services.
ARCA FOEDERIS LLC reserves the right to modify, suspend, or discontinue any function or feature of any ARCA FOEDERIS LLC Service, including your rates or charges, or to terminate your ARCA FOEDERIS LLC Service entirely, for any reason, which may include, but is not limited to:
- any misconduct by you or any user of your ARCA FOEDERIS LLC Services (as defined below);
- compliance with an order by a state or federal agency, court, or arbitrator; and
- any interruption or loss of either your or ARCA FOEDERIS LLC’s rights to access any part of the network facilities required to provide your services, including the interruption or loss of any rights to access the land or buildings in which the facilities are located;
Misconduct includes but is not limited to the following conduct by you or any user or your ARCA FOEDERIS LLC Services:
- any conduct that we believe violates this Agreement or ARCA FOEDERIS LLC’s Acceptable Use Policy;
- any conduct that involves the use of abusive, threatening, or unreasonable conduct toward any of our employees or representatives, whether in person, over the phone, or in writing;
- any abusive, fraudulent, or unlawful use of any ARCA FOEDERIS LLC Services;
- providing us with false or misleading information about you, users of your ARCA FOEDERIS LLC Services, or your or their use of ARCA FOEDERIS LLC Services, including inaccurate information related to your creditworthiness;
- any use of ARCA FOEDERIS LLC Services in a manner that negatively affects our or others’ networks, customers, or operations, or that infringes anyone’s intellectual property rights, violates others’ privacy, generates spam or abusive messaging or calling, or results in the publication of threatening, offensive, or illegal materials;
- any reselling of ARCA FOEDERIS LLC Services (including selling of use of or access to ARCA FOEDERIS LLC Services);
- any failure to make all required payments when due or to maintain sufficient amounts on deposit or pay another form of credit security, as well as any change that we determine creates a risk of non-payment (such as a deterioration in your creditworthiness.
Regardless of the reason or whether your or we terminate your ARCA FOEDERIS LLC Services:
- unless required by applicable law, there is no proration of charges and you are still responsible for the full month’s payment even if your ARCA FOEDERIS LLC Services are terminated in the middle of a billing cycle;
- any Account balance or unused portion for the terminated ARCA FOEDERIS LLC Service (such as a prepaid service) will not be refunded or credited back;
- your licenses to use any software associated with the terminated ARCA FOEDERIS LLC Service are terminated;
- you are obligated to return any Equipment, as defined in this Agreement, associated with the terminated ARCA FOEDERIS LLC Service; and
- ARCA FOEDERIS LLC reserves the right to delete any data, files, or other information associated with you or your ARCA FOEDERIS LLC Account or terminated ARCA FOEDERIS LLC Services.
In addition, if you haven’t yet satisfied a commitment to maintain service or programming for a particular length of time and either you cancel an ARCA FOEDERIS LLC Service or we terminate it for misconduct, you will be subject to any applicable early-termination fee pursuant to subsection 1.9.6.
If any of your ARCA FOEDERIS LLC Services are suspended, you are still responsible for paying any applicable charges for that ARCA FOEDERIS LLC Service.
1.6 Disclaimer of Warranties
Other than as expressly set out in these General Terms or the applicable Service Terms, ARCA FOEDERIS LLC Services are provided on an “as is” and “as available” basis, without warranties or guaranties of any kind. To the greatest extent permitted by law, ARCA FOEDERIS LLC and its parents, subsidiaries, and affiliates, and their past, present, and future officers, employees, agents, partners, licensors, successors, and assigns, expressly disclaim all warranties of any kind, whether oral, express, implied, or statutory, including but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade. No one is authorized to make warranties on our behalf. We do not guarantee that ARCA FOEDERIS LLC Services will meet your requirements, be of a particular quality or speed, or will be uninterrupted, accurate, secure, maintained, and kept free from viruses or other harmful components. We cannot and do not guarantee that an unauthorized person won’t obtain access to your information or ARCA FOEDERIS LLC Account. Nor do we guarantee that ARCA FOEDERIS LLC Services are suitable for use in situations in which absolutely accurate data transmission or security is required or that could result in personal injury, property damage, or financial loss. We also do not guarantee that ARCA FOEDERIS LLC Services will be interoperable with your hardware or software and that incompatibility won’t lead to damage or loss of data. You’re using ARCA FOEDERIS LLC Services at your own risk.
1.7 Limitations of Liability
You recognize and agree that ARCA FOEDERIS LLC is not an insurer of its products and ARCA FOEDERIS LLC Services, nor can it insure the accuracy of your information or the privacy or security of your ARCA FOEDERIS LLC Accounts. Further, you understand and accept that we have no control over the acts and conduct of third parties and that you are in the best position to safeguard your personal information and protect your ARCA FOEDERIS LLC Accounts from unauthorized access. ARCA FOEDERIS LLC provides telecommunications services and you agree that ARCA FOEDERIS LLC is not responsible for losses incurred as a result of your or a third party’s use of your ARCA FOEDERIS LLC wireless number or other ARCA FOEDERIS LLC Service as a source of authentication or verification in connection with any social media, email, financial, cryptocurrency or other account. You also acknowledge and agree that ARCA FOEDERIS LLC has the right, to the greatest extent provided by applicable law, to limit the scope and extent of its potential liability to you, and that ARCA FOEDERIS LLC’s ability to contractually limit its potential liability to its customers permits it to offer and provide its products and ARCA FOEDERIS LLC Services at fair and reasonable prices. Accordingly, to the greatest extent permitted by law, ARCA FOEDERIS LLC and its parents, subsidiaries, and affiliates, and their past, present, and future officers, employees, agents, partners, licensors, successors, and assigns are not liable to you, or any authorized or unauthorized user or beneficiary of ARCA FOEDERIS LLC products and Services, for any indirect, incidental, special, consequential, treble, punitive, or exemplary damages for any reason. Disallowed damages include, but not are limited to, damages for personal injury; property damage; or loss of revenue, profits, business, goodwill, use, data, or other tangible or intangible losses (even if we’ve been told of the possibility of those damages) resulting from, for example: (a) use of ARCA FOEDERIS LLC products and Services (which includes equipment, software, and inside or outside wiring); (b) the performance or nonperformance of ARCA FOEDERIS LLC Services; (c) the actions or inaction of ARCA FOEDERIS LLC or its agents with respect to the provision or delivery of any ARCA FOEDERIS LLC Services or that relate to your ARCA FOEDERIS LLC Account or our relationship with you; or (d) any action of a third party, such as unauthorized access to your ARCA FOEDERIS LLC Accounts or ARCA FOEDERIS LLC Services (including the use of your ARCA FOEDERIS LLC Accounts or ARCA FOEDERIS LLC Services to access a third-party account); or (e) any alleged actions or representations, statements, promises, or agreements by ARCA FOEDERIS LLC or its agents that are not expressly set forth in this Agreement regarding the use, performance, suitability, safety, reliability, security, or any other aspect or attribute of ARCA FOEDERIS LLC Services.
In addition, to the greatest extent permitted by law, ARCA FOEDERIS LLC and its parents, subsidiaries, and affiliates, and their past, present, and future officers, employees, agents, partners, licensors, successors, and assigns are not liable to you for any damages of any kind resulting in any way from: (a) the installation, maintenance, removal, or technical support of ARCA FOEDERIS LLC Services, even if the damage results from the ordinary NEGLIGENCE of our installer or other representative; (b) any unauthorized access to your ARCA FOEDERIS LLC Accounts or ARCA FOEDERIS LLC Services (including the use of your ARCA FOEDERIS LLC Accounts or ARCA FOEDERIS LLC Services to access a third-party account), even if the unauthorized access was the result of ordinary NEGLIGENCE by an ARCA FOEDERIS LLC employee, representative, agent, or any person or entity purporting to act on ARCA FOEDERIS LLC’s behalf; (c) any inability to reach 911 or other emergency services, any alleged interference with alarm or medical monitoring signals, or any failure of alarm or medical monitoring signals to reach their intended monitoring stations; (d) the use, inability to use, or the lack of interoperability between ARCA FOEDERIS LLC Services and any third-party hardware, software, or service, even if charges for the third-party hardware, software, or service appear on your ARCA FOEDERIS LLC bill; (e) the loss of your information, such as missed or deleted voicemails, text messages, emails, pictures, or files; or (f) any interruption, error, limitation, delay in any ARCA FOEDERIS LLC Service, or any other problem caused, in whole or in part, by you or something outside of our control, including, but not limited to, environmental conditions, emergency conditions, power or network outages, transmission errors, equipment damage or repairs, limits in system capacity, unavailability of radio frequency channels, governmental actions, labor disputes, riots, terrorism, or the acts of third parties.
To the fullest extent allowed by applicable law, you agree to release, hold harmless, indemnify, and defend ARCA FOEDERIS LLC and its parents, subsidiaries, and affiliates, and their past, present, and future officers, employees, agents, partners, licensors, and successors and assigns from any and all claims of any person or entity for damages, fines, penalties, or expenses of any nature arising out of or relating to, directly or indirectly: (1) your or your Authorized Users’ access to, use of, or inability to access or use any ARCA FOEDERIS LLC Service; (2) any violation by you or your Authorized Users of this Agreement; (3) your or your Authorized Users’ violation of law (including your negligence, willful misconduct, and infringement of anyone’s intellectual property rights); or (4) any other claim, demand, action, or complaint by any person or entity claiming by or through you or your Authorized Users that in any way arises out of or relates to this Agreement or any ARCA FOEDERIS LLC Service.
1.9 Charges and Payments
1.9.1 Credit Check:
By applying for or using certain ARCA FOEDERIS LLC Services, you’re giving us permission to obtain your credit information from consumer credit reporting agencies at any time and for any reason, including because of questions from or Account changes made by Authorized Users or persons who provide information we deem sufficient to identify you. We also may share information about your credit with ARCA FOEDERIS LLC affiliates, assignees, successors and service providers at any time and for any reason. We may refuse to provide ARCA FOEDERIS LLC Services or require an advance payment, a nonrefundable payment, a deposit, or other form of credit requirement if we determine that you may be a credit risk due to (1) your credit rating; (2) insufficient credit history; (3) previous late payments, suspension, disconnection or restoral of service; or (4) fraudulent or abusive use of any ARCA FOEDERIS LLC Services within the last five years. We will not pay interest on advance payments or deposits unless required by law. We may, however, require special payment terms, such as additional advance payments or deposits, if we determine that the initial payment was inadequate. We may establish limits and restrict ARCA FOEDERIS LLC Services or features as we deem appropriate. And we may immediately interrupt or suspend ARCA FOEDERIS LLC Services until your balance is brought below the limit we set for you. Any charges you incur in excess of your limit become immediately due. Upon determination solely by ARCA FOEDERIS LLC of satisfactory payment history or as required by law, ARCA FOEDERIS LLC may begin refunding deposits through bill credits or cash payments or as otherwise determined solely by ARCA FOEDERIS LLC. If you are delinquent in any payment to us, you also authorize us to report any late payment or nonpayment to credit reporting agencies.
Different ARCA FOEDERIS LLC Services bill in different ways; please see the Service Terms for your ARCA FOEDERIS LLC Services for details and the amounts of applicable fees and charges. But you agree to pay in full each billing cycle (usually once every 30 days): (1) the then-current monthly charges for your ARCA FOEDERIS LLC Services; (2) any applicable charges for equipment required for ARCA FOEDERIS LLC Services; (3) activation fees, connection, or installation charges, if any; (4) late fees and ARCA FOEDERIS LLC Service restoral fees, if any; (5) ARCA FOEDERIS LLC fees and other ARCA FOEDERIS LLC charges disclosed in the Service Terms; (6) charges for third-party content or services purchased or ordered using your ARCA FOEDERIS LLC Services or equipment; and (7) any applicable taxes and fees that ARCA FOEDERIS LLC pays to municipalities and other governmental entities and may pass on to you, regardless of whether applicable law assesses them on you or us. You are responsible for paying all charges specified in this Agreement, including charges incurred by any person who gains access to your ARCA FOEDERIS LLC Services or equipment, even if you did not authorize the charges. Please note that billing will begin as soon as your ARCA FOEDERIS LLC Service is provisioned or activated for you, even if you have not yet begun to use it (or even installed it).
1.9.3 Late-Payment Charge and Dishonored Check Fee:
You agree that, for each bill not paid in full by the payment due date, we may assess a late-payment charge (subject to applicable law and except as may otherwise have been expressly agreed in writing). Our acceptance of late or partial payments (even if marked “Paid in Full”) won’t waive any of our rights to insist upon payment of the full amount due. You will also be charged a fee for each and any check or other instrument (including credit card charge-backs) returned unpaid for any reason (subject to applicable law and except as may otherwise have been expressly agreed in writing).
If you don’t pay amounts you owe us in full and on time, you agree that you may be subject to collections either by us or a third-party collections agency. To the extent permitted by law, you must pay us any costs and fees, including attorneys’ fees, we reasonably incur to collect amounts you owe us. Subject to, and insofar as not contrary to applicable law, we will not be responsible or liable for any negative or adverse consequences that may arise as a result of our reporting your Account or payment information or history to any third-party credit reporting or collections agency.
Autopay is required for many ARCA FOEDERIS LLC services. If you enroll in an automatic credit card billing, automatic payment, or electronic funds transfer plan, you authorize us or our agent to charge or place holds on the credit or debit card or financial institution account number you provide to us, without requiring a signed receipt. You certify you are the owner of the payment method, authorize ARCA FOEDERIS LLC to store this information, and authorize ARCA FOEDERIS LLC to automatically charge the amount of your monthly bill(s) each month on the date indicated on your monthly bill, and to charge any amounts outstanding if you cancel ARCA FOEDERIS LLC Service. If you were required to provide a credit card when you started an ARCA FOEDERIS LLC Service, you also authorize ARCA FOEDERIS LLC to charge that card (in lieu of your autopay card, if different) for any amounts outstanding if you cancel ARCA FOEDERIS LLC Service. You agree to provide ARCA FOEDERIS LLC with updated credit or debit card or bank account information when needed by calling the customer care number on your bill. You acknowledge that, if your card issuing bank participates in a card updater program and unless you opt out of this service, your bank may provide us with updated card numbers and expiration dates, and we will update our files with this information and continue to charge your card. You agree that we’re not responsible for any insufficient funds or other charges you might incur as a result of any attempts to charge or place holds on your credit or debit card or to transfer funds. When payment is made by credit 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 or debit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we may charge you an additional fee.
1.9.7 Application of Credits:
Any amounts refunded in the form of bill credits, cash payments, or any other form will include all applicable taxes, fees and surcharges 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 ARCA FOEDERIS LLC Service will not result in the refund of any tax, fee, or surcharge you previously paid.
1.9.8 Business or Government Benefits:
You may receive or be eligible for certain discounts, credits, promotions, and other benefits (“Benefits”) through a business or government customer’s agreement with us (“Business Agreement”) or if you are otherwise eligible to participate in our military/government discount or benefit programs. All such Benefits are provided to you solely as a result of the corresponding Business Agreement or at our discretion and may be modified or terminated without notice. You may also be eligible for certain additional rate plans and/or other Services.
If a business or government entity pays your charges or is otherwise liable for the charges, you authorize us to share your Account information with it or its authorized agents. If you use Service(s) and/or receive certain Benefits pursuant to or arising from a Business Agreement with us, but you’re liable for your own charges, then you authorize us to share enough Account information with your business or government entity, or its authorized agents, to verify your continuing eligibility for those Services or Benefits. You also agree we may contact you directly via text message, email or other means to confirm your continued eligibility for the Services and/or Benefits.
You may receive Benefits because of your agreement to have the charges for your Services, billed (“Joint Billing”) by a company affiliated with ARCA FOEDERIS LLC (“Affiliate”) or because you subscribe to certain services provided by an Affiliate. If you cancel Joint Billing or the Affiliate service your rates will be adjusted without notice to a rate plan for which you qualify.
Benefits may vary and are subject to the corresponding Business Agreement and ongoing eligibility/enrollment criteria, which ARCA FOEDERIS LLC may verify or audit at its discretion. FirstNet individual users must also satisfy the eligibility criteria for FirstNet service and will be subject to re-verification of eligibility from time-to-time.
1.10 Questions or Disputes Regarding Charges
If you believe that there’s something wrong with your bill, please contact customer service as soon as possible.
If you have a billing dispute, you have 120 days from the date of the bill to notify customer service for your ARCA FOEDERIS LLC Service. Otherwise, you’ll have waived your rights to dispute the bill and to participate in any legal action raising that dispute. This limitations period does not apply in any state in which such contractual notice provisions are prohibited.
1.11.2 Use by Children:
ARCA FOEDERIS LLC 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 ARCA FOEDERIS LLC Services unless allowed by an Account holder who is their legal guardian. You understand that by permitting a child to access an ARCA FOEDERIS LLC Service, you are giving your child access to that Service’s features (such as email, message boards, clubs, and instant messages), the internet, and a broad range of third-party content. Please remember that ARCA FOEDERIS LLC Services are designed to appeal to a broad audience. It is your responsibility to determine whether the features are appropriate for a minor.
ARCA FOEDERIS LLC suggests that you take advantage of any access controls offered with ARCA FOEDERIS LLC Services that allow you, as the Account holder, to block access to certain types of content you may feel are inappropriate for minors. However, ARCA FOEDERIS LLC also recommends that you remain diligent in the supervision of any minors in their use of ARCA FOEDERIS LLC Services and the internet. Access controls provided through ARCA FOEDERIS LLC Services are intended as a guide only. Neither ARCA FOEDERIS LLC nor its licensors can be responsible for any content accessed by you or minors, whether or not you take advantage of the access controls we provide. In addition, neither ARCA FOEDERIS LLC nor its licensors guarantee the accuracy of such access controls, and you agree that you will not hold ARCA FOEDERIS LLC liable for any loss or damage of any kind incurred as a result of the use of such access controls.
1.13 End User Licensing Terms
If you connect to ARCA FOEDERIS LLC Services by using, downloading, or installing an application or other software that we made available, either directly or through vendors (the “Software”), your use of the Software is subject to this Agreement and any End User License Agreement (“EULA”) for the Software.
1.13.1 Definition of Software:
The term “Software” means the following: (a) any application related to the Services or this Agreement, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation, and other components; (b) any updates, modifications, or enhancements to it; and (c) any specific ARCA FOEDERIS LLC or vendor web site to which the Software directs you via any browser.
1.13.2 License Grant:
We (or for vendors’ Software, the vendor) remain the owner of the Software, which isn’t being sold to you. So long as you comply with the terms of this Agreement and any EULA provided with the Software, ARCA FOEDERIS LLC grants you a revocable, nonexclusive, nontransferable, limited right to install and use the Software on a single computer or device that you own and control and to access and use the Software on such device. ARCA FOEDERIS LLC is not responsible for any material or content that you transmit, store, delete, record, or play using the Software.
1.13.3 Restrictions on Use:
You may use the Software only in strict adherence to the terms of this Agreement, the EULA, and the terms of any other ARCA FOEDERIS LLC agreements associated with your device. You may not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the Software; (b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Software; (c) violate any applicable laws, rules, or regulations in connection with your access or use of the Software; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of ARCA FOEDERIS LLC or its affiliates, partners, assignees, successors, suppliers or the licensors of the Software; (e) other than resale by an ARCA FOEDERIS LLC-authorized reseller, use the Software for any revenue-generating endeavor or commercial enterprise other than the use of this Software to participate in our Services; (f) use the Software for creating a product, Service, or software that is, directly or indirectly, competitive with or in any way a substitute for any Services, product, or software offered by ARCA FOEDERIS LLC; (g) use the Software to send automated queries to any web site or to send any unsolicited commercial email; or (h) use any proprietary information or interfaces of ARCA FOEDERIS LLC or other intellectual property of ARCA FOEDERIS LLC in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Software.
1.13.4 Export Limits:
None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The Software and any underlying technology may not be exported outside the United States or to any foreign entity or “foreign person” as defined by U.S. government regulations, including without limitation, anyone who is not a citizen, national, or lawful permanent resident of the United States.
1.14 Intellectual Property Rights
1.14.1 ARCA FOEDERIS LLC IP:
You agree that Software, ARCA FOEDERIS LLC Services and equipment (“ARCA FOEDERIS LLC IP”) are protected by trademark, copyright, patent and intellectual property laws, and/or international treaty provisions. You also agree that the source and object code of ARCA FOEDERIS LLC IP and the format, directories, queries, algorithms, structure, and organization of ARCA FOEDERIS LLC IP are the intellectual property and proprietary and confidential information of ARCA FOEDERIS LLC and its affiliates, assignees, successors, licensors, and suppliers. Except as expressly stated in this Agreement, you are not granted any intellectual property rights in or to ARCA FOEDERIS LLC IP by implication, estoppel, or other legal theory, and all rights in and to ARCA FOEDERIS LLC IP not expressly granted in this Agreement are hereby reserved and retained by ARCA FOEDERIS LLC. Nor do you have any intellectual or other property rights in any information that ARCA FOEDERIS LLC provides or uses to deliver ARCA FOEDERIS LLC Services, such as any Account or phone numbers or email addresses assigned to you.
1.14.2 Third-Party Software:
ARCA FOEDERIS LLC IP may utilize or include third-party software that is subject to open source and third-party license terms (“Third-Party Software”). You acknowledge and agree that your right to use such Third-Party Software as part of the Services is subject to and is governed by the terms and conditions of the open source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, license terms, and disclaimers contained therein (“Third-Party Software Notices”) and including all posted changes to Third-Party Software Notices. In the event of a conflict between the terms of this Agreement and the terms of those licenses, the terms of those licenses will control your use of the relevant Third-Party Software. In no event will the Application or components thereof be deemed to be “open source” or “publicly available” software. You agree that your use of ARCA FOEDERIS LLC IP is subject to the terms of all Third-Party Software Notices.
1.14.3 ARCA FOEDERIS LLC Marks:
You agree that the company names and their related logos and all related product and service names, design marks, and slogans are trademarks and service marks owned by and used under license from ARCA FOEDERIS LLC (the “ARCA FOEDERIS LLC Marks”). You are not authorized to use the ARCA FOEDERIS LLC Marks in any advertising, publicity, or in any other commercial manner without the prior written consent of ARCA FOEDERIS LLC, which may be withheld for any or no reason.
1.14.5 Copyright Alert Program:
ARCA FOEDERIS LLC maintains the ARCA FOEDERIS LLC Copyright Alert Program (ARCA FOEDERIS LLC CAP) that allows copyright holders to notify ARCA FOEDERIS LLC of claimed infringement occurring on ARCA FOEDERIS LLC’s transitory digital network communications services pursuant to 17 U.S.C. § 512(a).
If you receive a copyright alert, it is your responsibility to take immediate action to check your internet connected devices and your local network to ensure that you do not generate additional copyright infringement notices. If, after you receive a copyright alert, ARCA FOEDERIS LLC receives additional copyright infringement notices which are traceable to an IP address associated with your Account, we may temporarily redirect your internet access service to a webpage where you will be required to review and acknowledge material on the importance of copyright and the lawful use of content available over the internet. Upon completion of this review, redirection will be discontinued and your service will be restored to normal. After this stage, if ARCA FOEDERIS LLC continue to receive copyright infringement notices that a traceable to an IP address associated with your Account, ARCA FOEDERIS LLC may take further action consistent with 17 U.S.C. § 512(i), which may ultimately result in termination of your ARCA FOEDERIS LLC Services.
The Account holders’ personally identifiable information is protected throughout this process. ARCA FOEDERIS LLC will not provide such information to content owners unless required to do so by court order.
ARCA FOEDERIS LLC’s policies may be revised from time to time and, in addition, ARCA FOEDERIS LLC may in its sole discretion voluntarily participate, on terms acceptable to ARCA FOEDERIS LLC, in copyright alert and graduated response programs with other stakeholders. By using the ARCA FOEDERIS LLC Services, you agree that ARCA FOEDERIS LLC shall have the right, but not the obligation, to challenge on your behalf the legitimacy of any notification of copyright infringement which ARCA FOEDERIS LLC receives, and you hereby agree to grant ARCA FOEDERIS LLC such limited authority as may be necessary to allow for such a challenge.
1.15 Information, Content, Services, And Applications Provided By Third Parties
ARCA FOEDERIS LLC IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, SERVICES, OR OTHER CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OTHER INFORMATION, SERVICES, OR GOODS PROVIDED BY THIRD PARTIES. Neither ARCA FOEDERIS LLC nor its content and service providers or suppliers, in providing information, services, applications, content, or products, can underwrite, or assumes your risk in any manner whatsoever. You agree that your use of third party information, applications, services, content, or products is at your own risk, for which ARCA FOEDERIS LLC is neither responsible nor warrants their safety, quality, or appropriateness and does not provide customer service, repairs, or other support.
Third party content or service providers may impose additional charges. Any information you provide to third parties is governed by their policies or terms.
Some services give you the ability to access, view, listen to, interact with, record, and/or store third party audio and visual content (“Third Party Content”). You understand that ARCA FOEDERIS LLC does not guarantee the access to or availability of any particular Third Party Content, or the length of time any particular Third Party Content may remain available. You also understand that Third Party Content is the copyrighted material of the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws or comparable provisions of foreign laws. You agree that ARCA FOEDERIS LLC will have no liability to you, or to anyone else who uses your ARCA FOEDERIS LLC services, with regard to any Third Party Content.
ARCA FOEDERIS LLC reserves the right in its sole discretion to restrict or deny access to any Third Party Content or other third party information, application, services, or products.
1.16 Assignment and Third Parties
ARCA FOEDERIS LLC may assign this Agreement or parts of this Agreement to any non-affiliated third party without your consent and without notice to you, but you cannot assign the Agreement or any rights or legal claims arising from it without our prior written permission. Upon any assignment of this Agreement by ARCA FOEDERIS LLC, all references in this Agreement to “ARCA FOEDERIS LLC” “we,” “us,” or “our” shall refer solely to the assignee of this Agreement and shall no longer refer to ARCA FOEDERIS LLC or its affiliates. From the date of an assignment by ARCA FOEDERIS LLC, ARCA FOEDERIS LLC will no longer be your service provider and the assignee shall be responsible for providing your services. You acknowledge and agree that ARCA FOEDERIS LLC will have no liability or obligation to you if this Agreement is assigned by ARCA FOEDERIS LLC, and your recourse for any liabilities or obligations shall be solely limited to the assignee of this Agreement.
1.16.2 Third parties:
Except as stated in this Agreement, anyone who uses or benefits from your ARCA FOEDERIS LLC Services is not a third-party beneficiary who can enforce this Agreement against you, us, or anyone else.
1.17 About this Agreement
1.17.1 Your Ability to Contract:
By proceeding to activate, use, or pay for any ARCA FOEDERIS LLC Service—which constitutes acceptance of this Agreement—you’re confirming that you’re over the age of majority and have the capacity to enter into binding contracts. In addition, if you’re using ARCA FOEDERIS LLC Services on behalf of any entity, such as a corporation or other organization, you’re accepting this Agreement on that entity’s behalf. If that entity has separately entered into a business agreement with ARCA FOEDERIS LLC, those business terms control.
1.17.2 Changes to Agreement:
We may add, modify, or delete any terms, conditions, rates, or fees for any ARCA FOEDERIS LLC Service at any time. We will provide you with notice of all changes that are materially adverse to you (this does not include changes in fees or surcharges imposed by the government and passed onto you or changes to rates, fees, or surcharges within limits set forth in this Agreement or any documents incorporated herein) by email, bill insert or message, text message, posting on the website for your ARCA FOEDERIS LLC Service, or other method we deem practicable. We also may provide you with notice of non-material changes in our sole discretion. Your continued use or payment for ARCA FOEDERIS LLC Services after the effective date of the change means you have accepted the change. If we notify you of a materially adverse change concerning an ARCA FOEDERIS LLC Service during your Service or Programming Commitment, if you don’t accept the change, you have 14 days in order to cancel the service without incurring an early termination fee.
1.17.3 Conflicting Terms:
This Agreement supersedes any prior agreement between us regarding your ARCA FOEDERIS LLC Services. In the event of a conflict between this Agreement and an applicable EULA, this Agreement controls unless the EULA specifically states otherwise. The English version of this Agreement is the original one. If there is a conflict between it and any translated version, the English version controls.
If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
1.17.6 Entire Agreement:
This Agreement, as described in Section 1.1, constitutes our entire agreement and supersedes any prior or contemporaneous agreements or understandings between us or any reliance on marketing materials or statements or promises by ARCA FOEDERIS LLC employees or agents.
1.17.7 Operational Limits/Force Majeure:
ARCA FOEDERIS LLC’s ability to provide ARCA FOEDERIS LLC Services to you is subject to the availability and the operational limitations of the requisite equipment and associated facilities, including third party networks that ARCA FOEDERIS LLC does not control. You understand and agree that temporary interruptions or delays of ARCA FOEDERIS LLC Services may occur and that ARCA FOEDERIS LLC is not liable for them. In addition, ARCA FOEDERIS LLC is not responsible for interruptions or delays caused by events outside its control, such as war, acts or threats of terrorism, civil disorder, labor strikes or disruptions, natural disasters (including fires, floods, earthquakes, and severe weather), medical epidemics, pandemics or outbreaks, destruction of network facilities or transportation infrastructure, or any other events beyond ARCA FOEDERIS LLC’s reasonable control.
2.6 Unlimited Data Service
If you are subscribed to an ARCA FOEDERIS LLC unlimited data plan, you agree that “unlimited” means you pay a single monthly flat rate for wireless Data Service regardless of how much data you use. You further agree that “unlimited” does not mean that wireless data will be transmitted at any particular speed or that you can use ARCA FOEDERIS LLC’s wireless Data Service in any way that you choose or for any Prohibited Network Uses. If you use your unlimited data plan in any manner that is prohibited, ARCA FOEDERIS LLC can limit, restrict, suspend or terminate your Data Service. We may also migrate you from the unlimited data plan to a tiered data plan and charge you the appropriate monthly fees. We will provide you with notice of this change at least one billing period in advance either by a bill message, email, text message, or other appropriate means.
ARCA FOEDERIS LLC may also reduce your data throughput speeds at any time based on the terms of your data plan, which may include times when your usage exceeds an applicable, identified data usage threshold during any billing period. Reduced data throughput speeds mean you may experience reduced data speeds and increased latency, which may cause websites to load more slowly and affect the performance of data-heavy activities such as video streaming.
Reduced data throughput speeds apply when using Data Services at times and in areas experiencing network congestion compared to other customers using the same cell site. Standard speeds will resume once the cell site is no longer congested or when your data session moves to an uncongested cell site, and speeds will no longer be reduced during periods of network congestion at the start of your next billing period, unless your usage again exceeds an applicable, identified data usage threshold for that next billing period.
There are no mobile network-related speed reductions if you use Wi-Fi, and Wi-Fi data usage does not count against a monthly data usage threshold for wireless Data service..
2.7 ARCA FOEDERIS LLC’s Rights to Change, Reduce, Cancel, Suspend, Interrupt or Terminate Wireless Service or the Agreement
ARCA FOEDERIS LLC can take any and all actions necessary to protect the ARCA FOEDERIS LLC wireless network, ensure compliance with this Agreement and prevent and/or stop Prohibited Network Uses. ARCA FOEDERIS LLC may also change, reduce, interrupt, suspend, limit or cancel your Wireless Service or terminate your Agreement without advance notice for any reason, including, but not limited to the following actions by you or any user of your Device or on your Account:
- misconduct described by subsection 1.5;
- living or predominantly using Wireless Service outside of the ARCA FOEDERIS LLC owned and operated domestic network coverage area;
- exceeding our off-net roaming usage allowances; and
- engaging or attempting to engage in Prohibited Network Uses.
If you lose your eligibility for a particular Wireless Service, we may modify, remove, or change your Wireless Service to one for which you qualify. If we determine that you are using your Device without the correct rate plan, we reserve the right to switch you to the required rate plan and charge you the appropriate monthly charges and fees. If we change your rate plan, you may change to another eligible rate plan. We may engage in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the limited availability of wireless bandwidth and spectrum. We may reduce your data throughput speeds at any time or place according to your rate plan.
If we cancel your Wireless Service for misconduct or violations of this Agreement and you have a Service Commitment, we may charge you an ETF in addition to interrupting, suspending, modifying, or terminating your Wireless Service and Agreement.