Terms of Service

These Terms of Service ("Terms") are a binding legal agreement between you ("Customer," "you," or "your") and Park Communications ("Park Communications," "we," "us," or "our"), a locally owned Internet Service Provider headquartered in Yuma, Arizona. By activating, using, or paying for any Park Communications service — including broadband Internet, telephone, or any related service ("Services") — you agree to be bound by these Terms.

Please read these Terms carefully. If you do not agree to them, do not use our Services and contact us to cancel before your next billing date.

1. Service Agreement and Eligibility

To subscribe to our Services, you must be at least 18 years of age, provide accurate account information, and maintain a valid payment method on file. You are responsible for ensuring that any person using the Services at your address complies with these Terms.

Service availability varies by location. We will verify serviceability at your address before activating service. We reserve the right to decline service to any location where technically or economically infeasible to serve.

2. Service Plans and Pricing

Plan Speeds

Advertised speeds represent maximum theoretical throughput under ideal conditions. Actual speeds may vary based on network congestion, equipment condition, distance from network infrastructure, and other factors. We will publish our network performance disclosures in accordance with FCC Broadband Facts label requirements.

Pricing and Fees

Monthly service rates are as published on our website or as stated in your service agreement. Additional fees may apply for:

• Equipment rental or purchase (modems, routers, antennas)
• Professional installation, where applicable
• Service calls for issues attributable to customer-owned equipment or wiring
• Returned check or declined payment processing fees ($25 per occurrence)
• Early termination fees, where applicable under a term agreement
• Paper invoice fee ($3.00/month — electronic billing is provided at no charge)

Rate Changes

We reserve the right to change our rates and fees with at least 30 days' written notice. Notice will be provided by email or included with your billing statement. Your continued use of Services after the effective date of a rate change constitutes acceptance of the new rates.

3. Billing and Payment

Billing Cycle

Service is billed monthly in advance. Your billing date is established at the time of service activation. Bills are generated and sent electronically by default; paper billing is available upon request (subject to surcharge).

Payment Due Date

Payment is due within 20 days of your billing date. Accounts not paid by the due date are subject to a late payment fee of $10.00 and may be suspended after 10 additional days.

Autopay

We strongly encourage enrollment in autopay via credit card, debit card, or ACH bank draft. Bills are sent electronically by default at no charge. If you prefer to receive a paper invoice by mail, a $3.00/month fee applies. You may update or cancel autopay enrollment at any time through the customer portal or by contacting us.

Disputed Charges

If you believe a charge on your bill is in error, you must notify us within 60 days of the billing date. We will investigate and respond within 15 business days. Undisputed portions of your bill remain due while a dispute is pending.

4. Acceptable Use Policy

Prohibited Uses

You may not use our Services for any of the following:

• Any activity that violates federal, state, or local law, including distribution of child sexual abuse material (CSAM), copyright infringement, wire fraud, or computer intrusion
• Transmitting unsolicited bulk email (spam) or operating an open mail relay
• Conducting denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks
• Port scanning, vulnerability scanning, or penetration testing of systems you do not own and have not received explicit written authorization to test
• Reselling or sharing Internet access to third parties outside your household or business premises without prior written consent from Park Communications
• Operating servers or services that generate traffic volumes that unreasonably degrade service quality for other customers, unless covered by a business-tier plan that explicitly permits such use
• Circumventing any technical measures we use for network management

Network Management

We engage in reasonable network management practices to maintain service quality for all customers. This may include traffic prioritization during periods of congestion. We do not block lawful content or throttle specific applications for anticompetitive purposes. Our current network management practices are described in our Broadband Transparency Disclosure, available upon request.

Consequences of Violation

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your Services, without refund, and may be reported to appropriate law enforcement agencies.

5. Equipment

Park Communications Equipment

Equipment we provide (including modems, routers, and antenna systems) remains the property of Park Communications at all times. You are responsible for the safekeeping of such equipment and will be charged the replacement cost for lost, stolen, or intentionally damaged equipment. Upon termination of service, all Park Communications equipment must be returned within 14 days. Modems and routers not returned within that period will be charged a replacement fee of up to $250.00 per device.

Customer-Owned Equipment

For fiber and DSL service, Park Communications-supplied modem/router equipment is required and cannot be substituted. The equipment we provide is the only supported gateway for these service types.

For fixed wireless service, you may connect your own router behind our antenna and gateway equipment. We provide technical support only to the point of our supplied equipment — we are not responsible for performance issues attributable to your router, inside wiring, or devices.

6. Service Interruptions

We strive to provide reliable, uninterrupted service but cannot guarantee that the Services will be available at all times. Service may be interrupted for scheduled maintenance, network upgrades, or circumstances beyond our control, including weather events, power outages, or third-party infrastructure failures.

We will make reasonable efforts to notify customers of planned maintenance in advance. For significant unplanned outages affecting multiple customers, we will provide updates through our Network Status page at parkcomm.net/status.

Service credits for qualifying outages are available upon request and are calculated on a pro-rated daily basis. Credits do not apply to outages caused by customer equipment, inside wiring, or customer actions.

7. Suspension and Termination

Termination by Customer

You may cancel your service at any time by contacting us by phone or email. If you are on a term agreement, early termination fees may apply as stated in your agreement.

Refund and Credit Policy

Service is billed monthly in advance. The following rules apply to credits upon cancellation:

• First 30 days: The first month of service is non-refundable. Customers who cancel within the first 30 days of activation are billed for the full initial period with no credit or refund.
• After 30 days — cancellation within the first 13 days of a billing cycle: If you cancel on or before the 13th day of your current billing cycle, we will issue a prorated credit for the remaining unused days in that month.
• After the 13th day of a billing cycle: No credit or refund will be issued for the remainder of that billing period. Service will continue through the end of the cycle.

Termination or Suspension by Park Communications

We may suspend or terminate your service immediately for:

• Non-payment of amounts due
• Violation of this Acceptable Use Policy
• Providing false or fraudulent account information
• Any activity that threatens the integrity or security of our network or other customers

We will provide reasonable notice before suspension for non-payment. No notice is required for termination based on Acceptable Use Policy violations or fraudulent activity.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARK COMMUNICATIONS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

PARK COMMUNICATIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Dispute Resolution

Informal Resolution

Before initiating any formal dispute process, you agree to contact us at support@parkcomm.net and give us a reasonable opportunity (not less than 30 days) to resolve the dispute informally.

Governing Law and Venue

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law provisions. Any dispute not resolved informally shall be brought exclusively in the state or federal courts located in Yuma County, Arizona, and you consent to the personal jurisdiction of those courts.

Waiver of Class Action

You agree that any dispute with Park Communications will be resolved on an individual basis and not as part of a class, consolidated, or representative action.

11. Changes to These Terms

We may modify these Terms at any time. Material changes will be communicated by email or postal notice at least 30 days before the effective date. If you do not agree to the modified Terms, you may cancel your service before the effective date without early termination penalty. Continued use of the Services after the effective date constitutes acceptance.

12. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy and any signed service agreement, constitute the entire agreement between you and Park Communications regarding the Services and supersede all prior agreements.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.

Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights without restriction.

13. Contact Us