These General Terms and Conditions of Service (“Terms”) govern all residential services (“Services”) provided by RiverStreet (“RiverStreet,” “we,” “us,” or “our”) to the subscriber (“Subscriber,” “you,” or “your”). RiverStreet includes Wilkes Telephone Membership Corporation and its operating subsidiaries and affiliates providing service in North Carolina, South Carolina, and Virginia. Additional policies, including our Privacy Policy and Acceptable Use Policy posted at https://myriverstreet.net/legal/, are incorporated into these Terms.
NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, CLASS ACTION WAIVER, AND A 2-YEAR LIMITATION PERIOD FOR BRINGING CLAIMS (SECTION 11). PLEASE REVIEW THESE PROVISIONS CAREFULLY.
1. Acceptance and Use of Service
a. Acceptance: You accept these Terms by signing, ordering, activating, using, or paying for the Services, or by opening Equipment packaging. You represent that you are at least 18 years old and legally authorized to enter into this agreement.
b. Personal Use Only: Services are provided solely for personal, residential, non-commercial use at the designated service address. Reselling, redistributing, or rebroadcasting the Services is strictly prohibited.
c. Modifications: RiverStreet may modify these Terms or the Services upon 30 days’ advance notice delivered via email, mail, bill message, or website posting. Continued use of the Service after 30 days constitutes acceptance of the modified Terms.
2. Billing and Payment
a. Charges: Billing begins upon Service activation. You agree to pay all recurring charges, installation fees, and applicable local, state, and federal taxes and surcharges by the due date.
b. Billing Disputes: To dispute any charge, you must notify RiverStreet within 30 days of the bill date. Undisputed balances must be paid on time.
c. Late Fees and Disconnection: Late payments, returned checks, or rejected electronic transfers may incur administrative late fees and result in suspension or termination of Service. Reconnection fees apply to restore disconnected Services.
3. Electronic Payment and Auto Pay Services
a. Payment Authorization: By enrolling in Auto Pay or using one-time electronic payments, you authorize RiverStreet to charge your designated bank account, debit card, or credit card for total monthly charges.
b. Cancellation & Updates: You may cancel Auto Pay or update payment methods online or by phone at least 3 business days prior to your billing due date.
4. Communications and Consent
By providing your contact information, you consent to receive account, billing, service outage, operational, and promotional communications from RiverStreet via phone, email, text message (SMS), or automated dialing systems. Standard messaging and data rates may apply. You may opt out of promotional communications at any time by following the unsubscribe instructions found at https://myriverstreet.net/legal/opt-out-notice/ or contacting Customer Service. Additionally, if you have a CPNI (Customer Proprietary Network Information) opt-out on file, you will not receive targeted marketing materials. Required operational, transactional, and service-related notices will continue as permitted by law.
5. RiverStreet Equipment
All modems, routers, wiring, optical network terminals (ONTs), and hardware provided by RiverStreet remain the property of RiverStreet. Equipment must be returned undamaged upon Service termination or modification. Unreturned, lost, or damaged equipment is subject to an Unreturned Equipment Fee. You may not alter, open, relocate, or tamper with RiverStreet Equipment or wiring.
6. Subscriber Equipment. You are responsible for ensuring that customer-owned devices and software used with the Services are compatible and secure. RiverStreet is not responsible for the performance, repair, or maintenance of customer-owned equipment.
7. Access to Premises. You grant RiverStreet authorized personnel the right to enter your premises at reasonable times to install, inspect, maintain, repair, or remove Equipment and wiring.
8. Termination and Suspension
a. By Subscriber: You may terminate Service at any time by contacting RiverStreet Customer Service by phone at 844-238-0131 or by mailing a written notice to 1400 River St, Wilkesboro, NC, 28697. Service(s) under contract may be subject to an Early Termination Fee (ETF) and shall be billed on the immediate following invoice.
b. By RiverStreet: RiverStreet may suspend or terminate Service immediately for non-payment, breach of Terms, illegal activity, harassment of personnel, or security threats to our network facilities.
9. Disclaimer of Warranties and Limitation of Liability
SERVICES AND EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NORTH CAROLINA, SOUTH CAROLINA, AND VIRGINIA, RIVERSTREET DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE OR WILL ACHIEVE ANY PARTICULAR SPEED. RIVERSTREET SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, OR DAMAGES ARISING FROM SERVICE OUTAGES, UNAUTHORIZED ACCESS TO YOUR DEVICES OR DATA, OR THIRD-PARTY CONTENT. RIVERSTREET’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY SUBSCRIBER IN THE 30 DAYS PRECEDING THE CLAIM.
10. Indemnification. You agree to defend, indemnify, and hold harmless RiverStreet, its affiliates, parents, members, shareholders, agents, officers, managers, directors, and assigns and any third-party service provider we use from all claims, damages, liabilities, and legal expenses arising from your use of the Service (including use by any person accessing the Service through your account or premises), violation of these Terms or the Acceptable Use Policy, or infringement of third-party rights.
11. Dispute Resolution and Binding Arbitration
If you have any concerns or disputes about the Services, you agree to first try to resolve the dispute informally by contacting RiverStreet at 844-238-0131or by using the online contact form found at https://myriverstreet.net/contact/.
Pre-Arbitration Clain Resolution. For all disputes you have with RiverStreet, whether pursued in court or arbitration, you must first afford RiverStreet an opportunity to resolve the dispute. You must commence this process by mailing written notification to 1400 River St, Wilkesboro, NC, 28697. That written notification must include (1) your name, (2) your address, (3) a written description of the claim you are making, and (4) a description of the specific relief you seek. If RiverStreet does not resolve the dispute to your satisfaction within forty-five (45) days after receipt of your written notification, you may pursue your dispute in arbitration. You may not commence arbitration proceedings until the forty-five (45) day post-notification period has elapsed. The notification requirement in this section is a precondition to any arbitration.
Arbitration Agreement, Class Action Waiver, Punitive Damages Waiver. If the dispute is not resolved within forty-five (45) days from receipt of the written notification, either party may then commence arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms, or the Services that have not been resolved by pre-arbitration claim resolution as provided above, must be asserted individually in a binding arbitration to be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer-Related Disputes Supplementary Procedures. Any claims must be brought within two (2) years of the date the claim arose. The arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any of the other agreements that the applicable user may have entered into in connection with the Services. The arbitrator shall apply applicable law and the provisions of these Terms and any other applicable agreements shall determine any dispute according to applicable law and facts based upon the record, and may not award any relief that a court could not award. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings, mass arbitration proceedings, or otherwise. You agree that, by entering into these Terms, you and RiverStreet are each waiving the right to a trial by jury or to participate in a class action, mass action, or consolidated action. Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in any court of competent jurisdiction for claims relating to intellectual property.
YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RIVERSTREET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, MASS ACTION, OR CONSOLIDATED ACTION.
The provisions of this section are a material condition of these Terms, and the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and not state law, shall govern the enforceability of this arbitration agreement. If any clause within this section (other than the class action waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of this section will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire section will be unenforceable and the dispute will be decided by a court. The parties agree that any claim or right arising under or in connection with these Terms, including any dispute relating to the enforceability or applicability of this arbitration provision, class action waiver, or punitive damages waiver, shall survive the cancellation or termination of your Services. To the fullest extent permitted by applicable law, you agree that you will not seek, and that the arbitrator may not award, punitive damages. If the preceding sentence is deemed unenforceable, the parties agree that any punitive damages award shall not exceed the amount of actual damages awarded.
12. Governing Law and Compliance
These Terms are governed by and construed in accordance with the laws of the state in which your service address is located (North Carolina, South Carolina, or Virginia), without regard to conflict-of-law principles. Services are subject to applicable state public utility regulations and federal laws.
13. Service Interruptions and Emergency Services. Services may be interrupted by maintenance, network upgrades, power outages, or events outside RiverStreet’s control. Voice Services that rely on your home’s electrical power, including fiber-based and internet-based voice service, will not function during a power outage unless backup power is in place, and 911/E911 calls may not be completed or may not transmit your correct location if the Equipment is moved or power or broadband service is unavailable. You are responsible for obtaining backup power and keeping your registered service address current. RiverStreet will provide any service credits required by applicable law or tariff for extended outages.
14. Force Majeure. RiverStreet is not liable for any delay or failure to provide Services caused by events beyond its reasonable control, including natural disasters, severe weather, fire, flood, utility or power failures, acts of government, labor disputes, cable cuts by third parties, cyberattacks, or pandemics.
15. Assignment. You may not assign or transfer these Terms or the Services without RiverStreet’s prior written consent. RiverStreet may assign these Terms, in whole or in part, to any affiliate or to any successor in connection with a merger, acquisition, or sale of assets.
16. General Provisions. These Terms, together with the policies incorporated by reference and any service order or contract, constitute the entire agreement between you and RiverStreet regarding the Services. If any provision of these Terms (other than as provided in Section 11) is held unenforceable, the remaining provisions will remain in full force and effect. RiverStreet’s failure to enforce any provision is not a waiver of its right to do so later. Sections 2, 5, 9, 10, 11, and 12, and any payment obligations, survive termination of the Services. Notices to you may be provided by email, mail, bill message, or website posting as described in Section 1(c).