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Local & Long Distance
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Custom Calling Features
Call Waiting alerts you with a beep during a telephone conversation that another call is waiting to be answered. It prevents missed calls. Callers will hear ringing on the line – not a busy signal. This feature provides many of the advantages of an additional line at a fraction of the cost.
Cancel Call Waiting
Cancel Call Waiting allows you to cancel Call Waiting before or during one telephone call. This feature prevents interruptions on important calls and long distance calls. Cancel Call Waiting also prevents data transmission errors caused by Call Waiting tones when using computer modems.
Three-Way Calling allows you to add a third person to an existing telephone conversation bringing family and friends together. It also reduces the need for callbacks when trying to confirm plans and schedules.
Call Forwarding lets you transfer incoming calls to any telephone you can call directly. This feature reduces missed calls – calls can follow you wherever you go. It also eliminates waiting for important calls. Call Forwarding enhances home security when you are away from home.
Speed Calling allows you to reach frequently called numbers (local and long distance) quickly by dialing only one or two digits. This feature eliminates the need to look up or remember telephone numbers. This saves time when dialing numbers, especially long distance numbers. Speed Calling also allows fast, accurate dialing of emergency numbers. Speed Calling is available in 8-number or 30-number capacities.
Do Not Disturb
Do Not Disturb allows you to prevent incoming calls from ringing in your home. Only callers who have your Personal Identification Number (PIN) can override the Do Not Disturb feature and ring your telephone. It prevents unwanted interruptions, particularly solicitation calls while still allowing important calls to come through. Selected callers (friends and relatives) can still reach you by dialing your PIN code. When Do Not Disturb feature is activated, callers will receive a busy signal or an announcement. At this time, callers who know your PIN may dial it and ring your telephone.
Ringmaster allows you to have up to three telephone numbers with unique ringing patterns (and unique Call Waiting tones if you have the Call Waiting feature). This feature allows you to determine for whom a call is intended (children’s number or parent’s number) or the type of call, whether the call is personal or business. This feature provides many of the advantages of additional lines, but at a fraction of the cost.
Auto Recall returns a call to the last number that called you, even if you did not answer the call. If you are busy and can’t get to the phone, you won’t miss an important call.
Auto Callback automatically redials the last number you dialed. This feature will automatically attempt to place the call every minute for half an hour. When the line becomes free, you will hear a special ring (short-short-long ring cycle). Then pick up the receiver and the number you were calling will ring.
Customer Originated Trace
Customer Originated Trace stops harassing calls. Customer Originated Trace allows you to initiate an automatic trace of the last call you received. Your Telephone Company Annoyance Call Center will automatically receive a message containing the phone number where the obscene or abusive call originated (if within the local service area), plus the time and date of the call. It is necessary, however, to call the Annoyance Call Center before the end of the next business day and report the date and time of the call to be investigated.
Distinctive Ringing screens incoming calls. You begin by making your list of up to four ‘selected’ numbers after accessing your Distinctive Ringing service. Your phone will signal you with a special ring (short-long-short ring cycle) when someone from your list is calling.
Selective Call Acceptance
Selective Call Acceptance allows the customer to select up to ten phone numbers from which calls are to be received. All other calls are routed to a recorded announcement that informs the caller that you do not wish to receive his call – you will not be bothered with any unwanted calls.
Selective Call Rejection
Selective Call Rejection allows you to block calls from up to ten numbers. You can either block selected numbers ahead of time or block repeat calls. In either case, the caller is rerouted to a recorded message and your phone does not ring.
Selective Call Forwarding
Selective Call Forwarding allows you to select another telephone number where calls are to be forwarded, and then limits the forwarded calls to just the numbers on your list.
Warm Line Feature allows you to call a pre-designated number or emergency service by simply lifting the handset. Also, if you accidentally leave the phone off the hook, it will call a pre-designated number.
Caller ID Service
Several Caller ID Services are offered. Caller ID Service shows you the calling party’s name and number. Our advanced feature of Caller ID Name and Number will show you the information even when you are on the phone with another caller. This feature requires a Caller ID box that can be purchased from our office or any retail store.
Calling Number Delivery Blocking Per Call
Calling Number Delivery Blocking enables you to prevent your telephone number from being displayed on the Caller ID unit of the person you are calling. The feature is activated by dialing the Per Call Blocking code and must be activated on a per call basis every time you want your number blocked from display.
Toll Restrict With PIN
Toll Restrict with PIN is a feature where the customer is allowed to have long distance through the use of an access code or personal identification number. The PIN can be from 1 – 7 digits long and can be changed at any time by the customer.
Voice Mail is an answering machine without the machine. This feature answers your telephone with a personalized greeting in your own voice. You can retrieve messages at any time, from anywhere, using only a touchtone telephone and your 4-digit passcode. Date and time of your messages is always available.
Save money when you bundle your services!
Interstate & International Long Distance Service Agreement
This INTERSTATE AND INTERNATIONAL LONG DISTANCE SERVICE AGREEMENT (“AGREEMENT”) contains the general rates, terms and conditions for provision by Hayneville Fiber Transport, Inc., doing business as Camellia Long Distance, (the “Company”) of your Interstate and International long distance services between points within the United States (the “Service”). Throughout this AGREEMENT, our use of the term “you” or “your” refers to the individual or entity using or paying for the Service. UNDERSTAND THAT THIS AGREEMENT INCORPORATES BY REFERENCE THE SPECIFIC RATES, CHARGES, AND OTHER TERMS AND CONDITIONS SET OUT IN THE COMPANY’S SERVICE DESCRIPTIONS AND RATES DOCUMENT. The Company Service Description and Rates Document (the “SDR Document”), as well as a copy of this AGREEMENT, may be accessed by visiting the Company’s website or the Company’s office at 208 East Tuskeena Street, Hayneville, Alabama 36040.
YOU ARE NOT REQUIRED TO TAKE ANY ACTION. UNDERSTAND THAT YOUR CONTINUED USE OF THE COMPANY’S SERVICE CONSTITUTES YOUR ACCEPTANCE OF THE AGREEMENT (INCORPORATING BY REFERENCE THE SDR DOCUMENT).
- AVAILABILITY OF SERVICE. Subject to the availability of facilities and subject to transmission and like conditions, Service is available for your use twenty-four (24) hours a day, seven (7) days a week. The specific rates, charges and other terms and conditions of your Service not set forth herein are found in the Company’s SDR Document.
- USE OF SERVICE. You may use the Service for any lawful purpose. Any unlawful use of the Service is strictly prohibited and may be grounds for immediate termination of Service by the Company.
- RATES AND CHANGES IN RATES, TERMS AND CONDITIONS. Current rates, charges and other Service terms and conditions not set forth herein are found in the Company’s SDR Document. The Company reserves the right to make price changes for Service in the SDR Document or changes in the terms and conditions in this Agreement or the SDR Document upon providing seven (7) days’ advance notice. The Company may elect to provide such notice by any reasonable commercial method including, but not limited to, a bill insert or a bill message. YOU AGREE THAT YOU WILL BE BOUND BY ANY CHANGE IN THE RATES, TERMS AND CONDITIONS OF YOUR SERVICE UNLESS YOU CANCEL YOUR SERVICE AS PROVIDED FOR IN PARAGRAPH 13 BELOW PRIOR TO THE EFFECTIVE DATE OF THE CHANGE. Again, the Company maintains this AGREEMENT and the SDR Document, as updated from time to time, in its office located at 208 East Tuskeena Street, Hayneville, Alabama 36040 and on its website.
- LIABILITY OF THE COMPANY. Subject to Section 12 below, the liability of the Company, if any, for interruption, delays, or failures in transmissions (“Service Problems”), whether caused by the negligence of the Company or otherwise, is expressly limited to a credit for the charges billed by the Company to you for such Service during the period during which the Service Problem occurred. The Company will issue a credit for such charges only when the Service Problem has a continuous duration of more than two hours. You are obligated to notify the Company immediately of any interruption in Service for which a credit allowance is desired. Before giving such notice, you shall ascertain that the trouble is not being caused by any action or omission of yours within your control, or is not in wiring or equipment, if any, furnished by you and connected to the Company’s facilities.In no event is the Company liable to any person for any cost, damage or harm whatsoever arising from: (a) your negligence or willful act; (b) the attachment or use of any facilities or equipment by you which you use in conjunction with the Service; (c) the use of any facilities of other carriers by the Company in rendering the Service to you; (d) errors or omissions associated with your telephone number or listing information provided via directory assistance; or (e) any acts beyond the control of the Company including, but not limited to: (1) acts of God, war, civil disturbance, fire, explosion, vandalism, cable cut, storm or other similar catastrophe; or (2), any law, regulation, direction, order or request of any a federal or state governmental authority or agency having jurisdiction over the Company. Without limiting the forgoing, under no circumstances shall the Company be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages (including lost revenue or profits) of any kind whatsoever regardless of the cause or foreseeability.
- INDEMNITY. You agree to indemnify and hold harmless the Company for any liability with respect to any and all claims and damages, of every kind (including the costs of reasonable attorneys’ fees), arising from your use of the Service. Your indemnity of the Company also extends to: (a) any claims or damages arising out of or attributed, directly or indirectly, to Service Problems; (b) any claims or damages of the owner of your premises or equipment; or (c) any other third party claims and damages.
- NO WARRANTIES. EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN, THE COMPANY MAKES NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PROVISION OF ITS SERVICES, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- PAYMENT. You will provide the Company with your name, address and telephone number for billing purposes. Business entities will provide the name of a designated officer or agent. All information provided will be accurate and the Company has the right to access and verify credit information.Once Service is activated, you are responsible for paying all charges associated with the Service. Monthly Service charges are billed in advanced and any usage charges are billed in arrears. Your payment for Service will be due as specified on your bill. The Company reserves the right to assess an administrative charge not to exceed one and one half percent (1.5%) per month on any balance that remains unpaid for one calendar month following the invoice date. Subject to Section 15 of this Agreement, you are responsible to pay all the Company’s cost of collection, including bank charges and reasonable attorneys’ fees.If you pay for Service by a check, draft or similar instrument (collectively “check”) that is not accepted for payment by the bank or other financial institution upon which it is written, the Company reserves the right to assess a returned check charge of $20.00. In addition, you will be required to replace the returned check with a payment in cash or equivalent to cash, such as a cashier’s check, certified check or money order. Such charge will be applicable on each occasion when a check is returned or not processed. Notwithstanding the returned check charge provision as set forth in this Section 7, the Company may disconnect your Service in the event of a returned payment, as set forth in Section 14 of this Agreement.
- CALCULATION OF USAGE. Long distance usage charges are based on the duration of calls. Chargeable time begins when your called party answers the call (i.e., when two way communications are established). Chargeable time ends you or your called party disconnects from the call. Minimum call duration periods, or increments, vary by Service offering and are as specified in the SDR Document (which is incorporated by reference). All calls will be rounded up to the next highest increment.REFER TO THE SDR DOCUMENT FOR ANY SERVICE PLAN SPECIFIC USAGE CHARGES, OPTIONS AND TERMS AND CONDITIONS.
- TAXES, FEES AND SURCHARGES. In addition to the charges for the Service, you will be billed for and are also responsible for paying all applicable federal, state and local use, excise, sales or privilege taxes, and all fees chargeable to or against the Company as a result of its provision of Service to you.
- BILLING ENTITY CONDITIONS. When billing for the Company’s Services is performed by local exchange telephone companies, credit card companies or others, the payment conditions and regulations of such companies apply, including any applicable interest and/or administrative charges, including, but not limited to interest, charges or fees imposed due to your failure to pay your bills timely.
- DEPOSITS. In order to safeguard its interests, the Company may also require you to make a deposit to guarantee payment for Service before activating or reactivating Service and may apply such deposit against past due charges. Such deposit shall not exceed two times your estimated monthly charges. Interest will by paid by the Company upon your deposit at a rate of seven percent (7%) annually. The collection of a deposit in no way relieves you from your obligation of making payments when due.The Company will return your deposit as follows: (a) when an application for Service has been cancelled prior to the time that your Service is activated, your deposit will be applied to any existing charges, and any excess portion of the deposit, if any, will be returned by the Company within fifteen (15) days following settlement of your account; (b) upon the discontinuance of Service, the Company will refund your deposit with accrued interest to the extent that it exceeds any unpaid charges for Service provided to you; (c) if your account is in good standing for twelve (12) months after the date the initial deposit was made, the unused portion of your deposit will be refunded to you, with accrued interest by crediting your next month’s billing that follows said twelve (12) month period; or, (d) upon your application to and approval by the Company. The refunding or crediting of your deposit and accrued interest in no way relieves you of your obligation to comply with all of the terms and conditions of this AGREEMENT (incorporating by reference the SDR Document) or from making payments when due.
- TESTING AND INSPECTIONS. The Company may, upon reasonable notice, make such tests and inspections as may be necessary to determine that the requirements of this AGREEMENT (which incorporates by reference the SDR Document) are being complied with in the installation, operation or maintenance of your or the Company’s Service, facilities or equipment. The Company may interrupt Service at any time, without penalty or liability to the Company, should you violate any of these requirements. Upon reasonable notice, the facilities provided by you shall be made available to the Company for such tests and adjustments as may be necessary for their maintenance in a condition satisfactory to the Company. In the event of a Service interruption during such tests and inspections, you will cooperate in good faith to the extent necessary to reinstate the Service. No interruption of Service allowance will be granted for the time during which such tests and adjustments are made.
- TERMINATION OF SERVICE OR CHANGES IN SERVICE BY YOU. Upon providing the Company adequate information as to your identity, you may terminate Service by providing written notice to Hayneville Fiber Transport, Inc., d/b/a Camellia Long Distance, Attention: Customer Service Department, 208 East Tuskeena Street, Hayneville, Alabama 36040 or by telephone to the Company’s Customer Service Department. You shall be responsible for all amounts due and payable upon termination, including, without limitation, all outstanding charges incurred before termination and any amount due as a result of such termination of Service as set forth in the SDR Document.You may also make changes or alterations in your Service by written or telephonic notice as set forth above.
- TERMINATION OF SERVICE BY THE COMPANY. The Company may discontinue or terminate your Service as set forth below: (a) for nonpayment: The Company, by five (5) days written notice to you, may discontinue Service or cancel an application for Service without incurring any liability when there is an unpaid balance for Service that is more than thirty (30) days overdue; (b) for returned checks: If your check for Service is returned unpaid for any reason, after one attempt at collection, the Company may discontinue Service in the same manner as provided for nonpayment of overdue charges; (c) for any violation of law or of any of the provisions governing the furnishing of Service under this AGREEMENT (incorporating by reference the SDR Document): You shall be subject to discontinuance of Service, without notice, for any violation of any law, rule, regulation or policy of any governmental authority having jurisdiction over Service, or by reason of any order or decision of a court or other government authority having jurisdiction which prohibits the Company from furnishing such Service; or, (d) for the Company to comply with any order or request of any governmental authority having jurisdiction: You shall be subject to discontinuance of Service, without notice, for the Company to comply with any order or request of any governmental authority having jurisdiction.If the Company terminates Service as set forth above, you shall pay to Company all amounts due and payable upon termination, including, without limitation all outstanding charges incurred before termination and any amount due as a result of such termination of Service, the same as if you had terminated Service as set forth in Section 13 above.If Service has been discontinued for nonpayment or as otherwise provided herein and you wish it continued, Service shall, at the Company’s discretion, be restored when all past due amounts are paid or the event giving rise to the discontinuance (if other than nonpayment) is corrected.
- BINDING ARBITRATION. TO THE EXTENT THAT ANY DISPUTE IS NOT GOVERNED BY THE JURISDICTION OF THE ALABAMA PUBLIC SERVICE COMMISSION OR THE FCC, UNDERSTAND THAT PURSUANT TO THIS PROVISION YOU AND THE COMPANY AGREE TO USE BINDING ARBITRATION, INSTEAD OF THE COURTS, TO DECIDE ANY DISPUTE THAT MAY ARISE AS A RESULT OF THIS AGREEMENT (INCORPORATING BY REFERENCE THE SDR DOCUMENT), ANY BREACH THEREOF OR YOUR SERVICE AS PROVIDED HEREUNDER.Any controversy or claim arising out of or relating to this AGREEMENT (incorporating by reference the SDR Document), the breach thereof or your Service as provided hereunder, and not otherwise subject to the jurisdiction of the Alabama Public Service Commission or the FCC, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, except to the extent those rules are inconsistent with this Section 15, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Provided however that should your claim or controversy be under $10,000, the claim or controversy shall be settled by arbitration by the AAA in accordance with its Rules for the Resolution of Consumer-Related Disputes (“CRD Rules”), except to the extent that those rules are inconsistent with this Section 15. You and the Company agree that should any claim or controversy qualify for settlement by arbitration by the AAA in accordance with its CRD Rules, you and the Company are prohibited from seeking relief in an Alabama small claims court, even if the claim or controversy is within its jurisdiction.In the event of any dispute, claim, question or disagreement arising from or relating to this AGREEMENT (incorporating by reference the SDR Document), the breach thereof or your Service as provided hereunder, you and the Company agree to first use your collective best efforts to settle the dispute, claim, question, or disagreement. To this effect, you and the Company shall consult and negotiate with each other in good faith and, recognizing mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. In the event that the dispute concerns your bill, you must bring your billing inquiry or dispute to the Company’s attention, either in writing to Hayneville Fiber Transport, Inc., d/b/a Camellia Long Distance, Attention: Customer Service Department, 208 East Tuskeena Street, Hayneville, Alabama 36040 or verbally by calling the Company. If you and the Company do not reach such solution within a period of sixty (60) days, then, upon notice by either party to the other, all disputes, claims, questions or differences shall be finally settled by arbitration administered by the AAA in accordance with the provisions of its Commercial Arbitration Rules or, as applicable its CRD Rules, except to the extent those rules are inconsistent with this Section 15.You and the Company both agree that in the event that arbitration is necessary, a single arbitrator, mutually selected by the parties, shall conduct the arbitration. If the parties cannot agree on the appointment of such arbitrator within ten (10) days following the date notice of the dispute is provided by you or the Company to the adverse party, the arbitrator will be selected according to the applicable AAA Rules. The place of any in-person arbitration shall be Montgomery, Alabama. As far as is practical, the parties agree that such arbitration shall be conducted as informally and expeditiously as the arbitrator may allow.YOU AND THE COMPANY BOTH AGREE THAT AN AWARD OF DAMAGES, IF ANY, BY THE ARBITRATOR WILL BE SUBJECT TO ANY AND ALL STATUTORY MAXIMUMS IMPOSED BY ALABAMA LAW.The arbitrator shall award reasonable attorneys’ fees and other reasonable costs, including, but not limited to, the costs of the arbitrator, to the party prevailing in such arbitration whether or not the controversy is reduced to judgment or award. The prevailing party will be that party who is determined by the arbitrator to have prevailed on the major disputed claims.Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.
- Entire Agreement. This AGREEMENT (which incorporates by reference the SDR Document) contains the entire agreement between you and the Company and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. This AGREEMENT can be amended only as provided in Section 3 above.
- Governing Law. This AGREEMENT (which incorporates by reference the SDR Document) and the rights of the parties under it shall be governed by and construed in all respects in accordance with the laws of the State of Alabama without giving effect to its choice of law rules, except that the arbitration provisions in Section 15 will be governed by the Federal Arbitration Act.
- Savings Clause. Any term or provision of this AGREEMENT (which incorporates by reference the SDR Document) that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction.
- No Third-Party Beneficiaries. This AGREEMENT (which incorporates by reference the SDR Document) shall not confer any rights and remedies upon any person other than you and the Company and any permitted assigns.
- Assignment by You. You may not assign or transfer, at any time prior to or after the commencement of Service, your Service or any rights or obligations hereunder without the prior written consent of Company, which consent shall not be unreasonably withheld. In the event you are a business entity, an assignment shall be deemed to include any change of voting or management of you. All terms and conditions contained in this AGREEMENT (which incorporates by reference the SDR Document) shall apply to all such assignees or transferees. Any unauthorized assignment by you shall become null and void except as ratified by the Company.
- Assignment by the Company. The Company may assign all or part of its rights or duties under this AGREEMENT (which incorporates by reference the SDR Document) without notifying you.
- No Waiver. The Company’s failure to insist upon strict performance of the terms of this AGREEMENT (which incorporates by reference the SDR Document) or to exercise any rights or remedies set forth in the same shall not waive any of the Company’s rights to require strict performance of such terms, to assert any of the same rights, or to rely on any such terms any time thereafter.The rates, terms and conditions of your intrastate long distance service are also still governed by tariff on file with the Alabama Public Service Commission, which has also adopted regulations that govern the manner in which the Company bills for all of its services.
We believe phone service should be available to everyone, no matter their income. That’s why we support the Lifeline Assistance program in Alabama.
What is Lifeline? Lifeline Assistance provides reduced rates under federal universal service programs to eligible customers for phone service and installation.
How do I quality? Lifeline applicants must provide two proofs of ID and certify under penalty of perjury that they participate in an eligible program. Eligibility in Alabama is determined by participation by the customer, or a dependent within their household, in one of the following programs. Hayneville Telephone must receive satisfactory evidence of participation in one of these programs.
- Medicaid (not Medicare)
- Supplemental Nutrition Assist Program (SNAP)
- Supplemental Security Income (SSI)
- Federal Public Housing (Section 8 / HUD)
- Low Income Home Energy Assistance Program (LIHEAP)
- Temporary Assistance to Needy Families (TANF)
- National School Free Lunch Program
- Bureau of Indian Affairs (BIA) General Assistance
- Tribally Administered TANF (TATNF)
- Food Distribution Program on Indian Reservations (FDPIR)
- Head Start (income-eligible only) Tribal
- Work First Family Assistance Benefits (North Carolina only)
- Temporary Cash Assistance (Florida only)
- 135% Below Poverty Level (see required Income Based Documents below)
Required Income Based Documents
- Prior year’s tax return
- Current income statement from an employer or paycheck stub
- Social security statement of benefits
- Unemployment/Workmen’s compensation statement
- Notice letter of participation in General Assistance, divorce decree, child support award, or other official document containing income information
Are there any restrictions? Yes, Lifeline benefits are limited to a single line of service. You are not eligible to receive multiple Lifeline discounts and must choose to apply your Lifeline discount to either one landline or one wireless number, but you cannot have the discount on both. Other service providers may use terms other than “Lifeline” to describe the Lifeline assistance program.
You will be required to certify under penalty of perjury that you will comply with this requirement. A Lifeline customer’s residential address must be in an area where Hayneville Telephone offers the Lifeline service. Lifeline assistance may not be applied retroactively.
Customer Service Agreement
1. Description. We will provide the Services that You have requested, as those Services are described in the Service Order or, as applicable, Our Price List.
2. Service Commitment
2.1. Minimum Service Term. If You terminate Service prior to the expiration of the Minimum Service Term associated with the Service option you have selected, You will owe any Termination Fees as described in your Service Application or, as applicable, Our Price List, unless waived by Us in writing as part of a new Service Application, in addition to such other fees due and payable under this Agreement and any fees for the non-return of equipment.
2.2. Initial Term; Renewal Term. The initial Service Term is specified on the Service Application or, as applicable, in Our Price List and, unless otherwise stated therein, begins on the date that we initialize Your service through Our Central Office. Thereafter, this Agreement shall renew automatically for successive periods of one month until terminated by You or Us.
3. Equipment. For the duration of Your Agreement, We will provide You any Equipment offered by Us and requested by You, at the prices and under any terms and conditions provided in the Service Application or, as applicable, Our Price List. You may either lease said Equipment, in which event the Equipment shall remain Our property, or You may purchase the Equipment. In the event that You lease Equipment from Us and said Equipment is defective, we will replace the Equipment without charge if your account is in good standing with Us and there is no evidence that You have impermissibly modified, broken, or damaged the Equipment. In the event that you lease Equipment from us, You agree that We may upgrade or replace such Equipment at any time, at which time you agree to return the original Equipment. You are responsible for having a compatible computer system with a Network Interface Card prior to obtaining DSL Services. Unless otherwise prescribed in writing, Our only responsibility for installation of the Service is described in Our Standard Professional Installation Procedures Guide, which is available to You upon request. Any deviation from the Standard Professional Installation Procedures will result in the installation being classified as a Non-Standard Installation, in which event additional charges will apply. We may waive certain installation fees upon Your agreement to retain Services for a stated term, and in such event, We reserve the right to charge the waived installation fees if You discontinue the Services prior to the end of that term. WE DO NOT REPRESENT, WARRANT OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE OR USE THE SERVICES, OR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, TELEVISION, STEREO OR PERIPHERALS. You expressly permit Us to enter the premises for the purpose of installing, inspecting, maintaining, repairing, or (except for Equipment You own) removing any Equipment we provide to you. We do not offer computer and/or computer peripheral device service or maintenance.
4. Use of the Service
4.1. Minimum System Requirements. Your computer(s) or other premises equipment connected must meet certain minimum requirements in order to utilize the Service. It may also be necessary to install inside wiring or other facilities to complete installation of the Service. Any fees for such wiring and/or equipment will be billed to You based on the rate(s) or price(s) set forth in Our Price List for technicians or for such equipment. You agree that We, and our employees, agents, contractors and representatives shall have no liability whatsoever for any damage, loss or destruction occurring as a result of the installation of any inside wiring and/or equipment at Your premises. You acknowledge that DSL requires a working telephone line and that You are solely responsible for the costs associated, directly or indirectly, with said line. OUR LIABILITY, IF ANY, FOR FAILURES IN WIRING AND/OR EQUIPMENT, WHETHER CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, CONTRACTORS AND/OR REPRESENTATIVES OR OTHERWISE, IS EXPRESSLY LIMITED TO A CREDIT FOR THE CHARGES BILLED TO YOU FOR INSTALLATION OF THE SERVICE. You are obligated to notify Us immediately of any alleged failures in wiring and/or equipment installed by Us for which a credit allowance is desired. Before giving such notice, You are responsible for ascertaining that the trouble is not being caused by any act or omission in Your control, or is not in the wiring or equipment that You have furnished.
4.2 Responsibility for Use. You are responsible for Your own end users and their compliance with these Terms and Conditions. You acknowledge that the Internet may contain material or information that is unsuitable for minors and agree to supervise usage of the Service by minors.
4.3. Compliance with Laws and Policies. You agree to comply with all applicable federal, state and local laws, rules and regulations in connection with Your use of the Service. If you have purchased broadband services, You agree to adhere to Our Acceptable Use Policy and Fair Access Policies (see attached), as the same may be amended from time to time. A copy of such policies may be viewed at www.htcnet.net/usage.htm and www.htcnet.net/fair.htm, respectively.
4.4 Multiple Use of Account. Unless otherwise authorized by Us, you agree not to permit more than one high-speed Internet log-on session to be active at one time. A log-on session represents an active connection to your Internet access provider. The active session may be shared to connect multiple computers/devices within a single home or office location or within a single unit within a multiple dwelling unit (e.g., single apartment or office within an apartment or office complex) to your modem and/or router to access the Service (including the establishment of a “WiFi” hotspot), but the Service may only be used at (depending on the class of service ordered) the single home, office or commercial location (e.g., restaurant or coffee shop) or single unit within a multiple dwelling unit for which Service is provisioned by Us, unless otherwise authorized by Us. You may not use a WiFi hotspot in violation of this Agreement or in a way that circumvents our ability to provide Service to another customer (e.g., you cannot use a WiFi hotspot to provide Service outside your single home or commercial location or outside your single unit within a multiple dwelling unit and you cannot resell Service provided over a WiFi hotspot unless approved by Us in writing). You may not use more than one IP address for each log on session unless an advanced service allocating you more than one IP address has been purchased. Service may be used to host a server, personal or commercial, as long as such server is used pursuant to the terms and conditions of this Agreement applicable to Service and not for any malicious purposes. You may not use the Service for resale or license of any nature whatsoever without Our prior consent which may be given or withheld in its sole discretion. You are responsible for: (1) all access to and use or misuse of the Service, even if the inappropriate activity was committed by a friend, family member, guest, customer, employee or any other person with access to your account or password(s), regardless of whether You authorized the use of the Services; (2) ensuring that all end users, including WiFi users, comply with all terms of Our Acceptable Use Policy. You are solely responsible for obtaining sufficient identification of users of your WiFi network. You are responsible for any fees incurred for the Service, or for software or other merchandise purchased through the Service, or any other expenses incurred in accordance with the terms and conditions contained in the Agreement. Any use of the Service other than as specified above constitutes a material breach of this Agreement, regardless of whether you receive any compensation for such use, and may result in the immediate termination of the Service and the imposition of any Termination Fees, without prejudice to any other rights and remedies available to Us under this Agreement, at law and at equity.
4.5. Security. You are solely responsible for the security of any device You choose to connect to the Service, including any data stored on that device. You assume any and all risks relating to the security of Your communications, data and network and its potential access by others, including, but not limited to the transmission of any computer virus or similar software which alters, disables or destroys, in whole or in part, the hardware, communications, data and/or network. You acknowledge Your responsibility to take reasonable measures to protect the security of any equipment connected to the Service, including maintaining at Your cost an up-to-date version of anti-virus and/or firewall software to protect Your computers from malicious programs. We may suspend your Service until the problem is resolved in the event of a malicious program infecting your computer that causes a violation of Our Acceptable Use Policy. You will be fully liable for all monthly fees and other charges under this Agreement during any period of suspension.
4.6. E-Mail Privacy. Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination and total privacy cannot be guaranteed. You agree that We may examine mail on Our own mail servers when allowed under law or as part of system maintenance or troubleshooting, for example, when investigating e-mail delivery problems or pursuant to a valid state or federal civil or investigative demand.
5. Fees and Payment
5.1. Fees; Taxes; Charges; Payment Terms; Other Charges. Our bills are subject to payment in accordance with Our existing schedule of prices (“Our Price List”), subject to any pricing commitments contained in the Service Application, without deduction or setoff of any kind. Recurring monthly fees are due and payable in advance of each monthly billing period for which You have purchased Service. Monthly fees are non-refundable. The initial invoice may include the fee for installation, and may include other applicable non-recurring installation charges including, but not limited to, charges for Equipment and inside wiring.
(a) Statement. Should we offer electronic statements, you must choose to receive, either an electronic or paper bill for Services.
(b) Payment. You agree to remit a check, money order, credit card or debit card payment, or electronic funds transfer to the address We provide in your monthly statement, to any of our local business offices or to any electronic payment system We may utilize. We will first apply your payments first to any unpaid interest charges and then chronologically applied to the oldest invoice. If Your check, draft or similar instrument (collectively “check”) is returned unpaid by a bank or other financial institution to Us for any reason, we will bill you a bad check charge of twenty-five dollars ($25.00). In addition, You are responsible for replacing the returned check with a payment in cash or equivalent to cash, such as a cashier’s check, certified check or money order prior to the payment due date. In such case, the bill is not considered paid until We receive full payment in immediately available funds.
(c) Late Payment. Interest will accrue on any charges not paid when due at the lesser of one and one half percent per month (1.5%) or the maximum rate permitted by applicable law. If We do not receive payment by the due date We may suspend your Service or terminate this Agreement without notice. Such suspension or termination will not relieve You of your obligation for all billed and accrued charges, plus any Termination Fees. We reserve the right to correct and charge under-billed amounts for a period of ninety (90) days after the incorrect statement was issued.
5.2. Payment Authorization. If you arrange to participate in any electronic or draft payment system We may offer, We may charge Your credit card or debit card (a “Card Payment”) or initiate an electronic funds transfer out of Your bank account (“EFT Payment”) for payment of all Service fees, any Termination Fees or any other amounts payable under the Agreement. You must provide current, complete, and accurate information for Your billing account and promptly update any changes (such as a change in billing address, credit card number, credit card expiration date, bank account number). If We are unable to process and receive payment via Your credit or debit card, Your account may be immediately suspended or terminated, and You will remain responsible for all amounts owed Us under this Agreement. Your card issuer agreement governs use of Your credit or debit card payment in connection with the Service, your rights and liabilities as a cardholder, or for any charges related to your use of your charge over your credit limit or similar violations of your card issuer agreement.
5.3. Disputes and Partial Payments. We will make available to You a statement for each billing cycle showing payments, credit purchases and other charges. If You dispute the validity of a charge or need additional information regarding a charge, you must contact Us within forty (45) days of receiving the statement containing the charge. Such a dispute will not relieve you of your obligation to pay your full bill on time. We may, but are not required to, accept partial payments from You. If partial payments are accepted, they will be applied first to the oldest outstanding charges. If You send us checks or money orders marked “payment in full” or otherwise labeled with a similar restrictive endorsement, We may, but are not required to, accept them, without losing any of our rights to collect all amounts owed by You under this Agreement.
5.4. Reactivation. If Your Service is suspended or terminated due to Your default or violation of this Agreement, We may require before reactivating service: (a) an additional deposit or advance payment; (b) a reactivation fee; (c) all outstanding amounts owed for service rendered; and (d) if installation or new Equipment is required, appropriate installation or Equipment charges. Advance payments will appear on your statement as a credit, and service charges and other fees will be invoiced as described above. If You fail to pay any amount on a subsequent bill, the unpaid amount will be deducted each billing cycle from the credit amount. Such credit amounts shall not earn or accrue interest.
5.5. Credit Inquiries and Deposits. You authorize Us to make inquiries and to receive information about Your credit experience from others, including credit reporting agencies, enter this information in Your file and disclose this information concerning You to appropriate third parties for reasonable business purposes. If it is determined that you may be a credit risk based on (1) an unsatisfactory credit rating or lack of credit history; (2) a record of late payments for either present or past bills (including Our bills); or (3) prior fraudulent, illegal, or abusive use of any Our services; then as a condition of service we may require that you place a deposit with us or make an advance payment to secure payment for the Services we provide to you. Your deposit and/or advance payment will not exceed the amount of any non-recurring charges to initiate service, plus the estimated recurring monthly charges for one (1) month of Services billed in advance, plus the estimated usage charges for two (2) months of Services billed in arrears, such as long-distance service, plus any applicable equipment deposit. You will not receive interest on any advance payment, which will be applied to all subsequent bills until exhausted. You will receive interest on any deposit at the rate of seven percent (7%), which shall be added to and considered part of your deposit. If you fail to pay for the Services when due, we may, without providing you notice, apply the deposit to offset the amount you owe us. If you pay your bills by the due date for twelve (12) consecutive billing months, we will credit your account with the deposit. If there is a credit balance on your account after the deposit is applied, we will refund or credit that amount to you. Please allow up to four (4) weeks for the processing of a refunded deposit.
5.6 Credit Limits. Based on your payment history or your credit score obtained from credit reporting agencies, We may set a credit limit on your account at any time. If you exceed your credit limit, we may restrict your access to the Services we provide, such as direct-dialed and operator-assisted long-distance services and calls requiring a 900 or 976 prefix. In the case of telephone service, this restriction on your access to the Services will not affect your access to or use of 911 emergency services.
REVISING, CANCELLING OR SUSPENDING YOUR SERVICE
6. Modifications and Terminations
6.1. Modification of the Agreement, Including Price Changes. From time to time, We may revise the prices and charges for Our Services as follows: (1) Price decreases or changes in the collection of taxes or government imposed fees or surcharges will be made with no prior notice to you; (2) Promotional pricing and terms, or other pricing commitments, will expire in accordance with the terms applicable to each promotion or commitment, without further notice to you. Upon the expiration of any such promotion or commitment, prices may be revised in accordance with the provisions of this paragraph; (3) All other price increases, or changes in non-pricing terms and conditions will be effective no sooner than thirty (30) days after we provide written notice to you. Such written notice under this paragraph may be provided in a bill insert, as a message printed in or on the Our bill, in a separate mailing, by email, or by any other reasonable method at Our discretion. If you do not accept the modified rates, charges, or terms and conditions of the Agreement, or the modified operation of the Service, you must terminate the Service and this Agreement in writing within thirty (30) days of the date of the notice. Use of the Service after the effective date of such changes or additions constitutes Your acceptance of such changes. YOUR SOLE REMEDY FOR ANY CHANGE MADE BY US IS THE RIGHT TO TERMINATE THIS AGREEMENT BY THIS DEADLINE.
6.2. Modification of the Service. We may discontinue, add to or revise any or all aspects of the Service in Our sole discretion and without notice, including access to support services, publications and any other products or services ancillary to the Service. Without limiting the foregoing, We reserve the right at Our sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, or other content provided to You by Us in connection with the Service. We may, but are not required, to notify You by e-mail, online via one of more of the websites within the Service or by other electronic notice at least fifteen (15) days before any material change in the Service if within Our control or as early as practical if caused by a third party. If You do not agree to such changes, then You must cancel Your subscription and stop using the Service prior to the effective date of such changes. Use of the Service after the effective date of such changes or additions constitutes Your acceptance of such changes. In addition, for Broadband customers We may take any action consistent with our Acceptable Use and Fair Access Policies, including actions to (a) prevent bulk e-mailing from entering or leaving any e-mail account or the network e-mail system, (b) delete e-mail messages if Your e-mail account has not been accessed by You within a time We may establish from time to time, (c) instruct Our system not to process e-mail or instant messages due to space limitations, (d) make available to third parties information relating to Us or our subscribers, subject to the provisions contained in Section 8 of this Agreement, (e) withdraw, change, suspend or discontinue any functionality or feature of the Service, (f) delete attachments to e-mail due to potentially harmful materials included within such attachment, and (g) limit access to the Service to prevent abusive consumption and ensure fair access for all subscribers.
6.3. Termination by You. You may you cancel your order before the first of the ordered Services is installed, without charge. Service will be considered installed when such service is activated and ready for use, regardless of whether you are actually using such Service or have connected it to any equipment inside your premises. If you cancel your order after installation, you will be responsible for all installation and connection charges, any billed or accrued, but unpaid, service charges through the date of cancellation (including for service paid in advance), any charges for damaged or unreturned Equipment and any Termination Fees. Any termination notice may be by telephone or in person during normal business hours or by email, and must be acknowledged in writing. Termination of service after installation shall be effective upon five (5) business days’ notice.
6.4. Termination or Suspension by Us. We may modify or terminate service as provided in Section 6.2. In addition to exercising any other rights under law, We may also terminate all Service upon: (a) Your breach or violation of any term or provision of the Agreement (including, if applicable, the Acceptable Use Policy and/or Fair Access Policy); (b) Your use of the Service in such a way as to cause damage to or degradation of Our Equipment or system; or (c) Your insolvency, appointment of a receiver or trustee for You, Your execution of an arrangement for the benefit of creditors or similar proceeding, or initiation by any party of any other proceeding involving You as debtor under Bankruptcy Code.
6.5. Post-Termination or Suspension Obligations. Except as provided herein, should your Service, or any portion, be terminated or suspended, all amounts owed for prior Service will become immediately due and payable, in addition to any Termination Fees, and all of Our Equipment relating to such Service must be returned immediately. You acknowledge that the Equipment has an actual value greater than its purchase price because it is a means to receive programming not otherwise available to non-subscribers, and upon termination you agree to pay us $50.00 for each modem not returned to Us and $25.00 for each surge protector not returned to Us. Charges for the non-return of other equipment shall be based on a schedule maintained by the Company. Should you fail to return the Equipment, We may automatically add charges for payment of the Equipment and draft the credit card or checking account that You have left on file with Us for payment. The failure to return any Equipment at the termination of the Service for which the Equipment was required will also result in Us withholding any deposit still in our possession, and the amount of that deposit will be credited towards the purchase price of the Equipment as those prices are set forth above. We retain sole discretion as to whether to allow Service to be reconnected after termination due to a breach or violation of the Agreement. You will remain responsible for all payment and other obligations under this Agreement, including the obligation to pay any Termination Fees and other charges that may be due as a result of or in connection with such cancellation, termination or suspension. You will not, however, be responsible for any Termination Fees in the event of cancellation by Us under Section 6.2 unrelated to a breach or cancellation of this Agreement on your part or Your Termination under Section 6.1 or 6.2 due to a price or term modification that has the effect of increasing the cost of our service to you (other than a tax increase) or materially changing the Service , although you will remain liable for all other accrued, but unbilled charges through the termination date (including any charges paid in advance).Your payment and other obligations under this Agreement are not suspended or affected by a suspension of access to or use of the Service, in whole or in part, due to a violation (actual, threatened, or alleged) of this Agreement or of any law or legal obligation by You or any user of your account. You agree to pay the reasonable costs of any action We take to collect amounts not paid when due under this Agreement, including, but not limited to, the costs of a collection agency, reasonable attorney’s fees, and court costs.
IMPROPER AND PROPER USE OF YOUR SERVICE
7. Permitted Use and Restrictions on Use.
7.1 Responsibility for Use of the Service. In addition to your other responsibilities under this Agreement, You agree: (i) upon request, to take all actions necessary in order to install and activate the Services; (ii) to provide adequate facilities to house and operate Our equipment; (iii) to not resell the Services to any third party except as provided in 4.4; (iv) to comply with all federal, state, and local laws, rules, regulations and tariffs that apply to the Services or this Agreement; (v) to be solely responsible to establish and maintain security measures (including, without limitation, codes, passwords or other features) necessary to restrict access to your computers, services or other equipment through the Services; (vi) to be solely responsible for all fraudulent, unauthorized, illegal or improper use of the Services by persons accessing those Services through your facilities, equipment or Service Address; (vii) if a business, partnership or joint account authorize and identify to us at least one individual who is authorized to represent you on any aspect of the Services and your account (including, all requests for moves, additions, deletions or changes to the Services) and to notify us of any changes to the billing address; and (viii) to notify us immediately of any loss of service or other problems with any of the Services.
7.2. Software License. Subject to the terms of this Agreement, We grant You a personal, non-exclusive, non-assignable and nontransferable license to use and display the software provided to You in connection with the Service (including any updates) only for the purpose of accessing the Service (“Software”) on any machine(s) which You are authorized to use. Unauthorized copying or reverse engineering of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith, is expressly forbidden. You may not sublicense, assign, or transfer this license or the Software except as We permit in writing. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void and may result in termination of this Agreement and the license.
7.3. Restrictions on Use of the Service. We may immediately suspend the Service if You engage in any prohibited activity under this Agreement. You must strictly adhere to any policy set forth by another service provider accessed through the Service. You agree to comply with Our Acceptable Use and Fair Access Policies located at www.htcnet.net/usage.htm and www.htcnet.net/fair.htm respectfully, both of which are incorporated into and made a part of this Agreement and you are responsible for compliance with such policies by others that use your service. You do not own, nor have any rights, other than those expressly granted to You, to a particular IP address, even if You have ordered a static IP address.
7.4. Fair Access Policy. (Broadband Customers Only) If Your usage exceeds the limits set forth in the Fair Access Policy, Service Application, or Price List, We may reduce the bandwidth available to You on a temporary basis or require You to upgrade to a Service offering providing for more usage. Continued violation of the Fair Access Policy is a breach of this Agreement by You and will result in the termination of this Agreement. For specific limitations please see the description of the service plan selected on Your Broadband Services Application.
7.5. No Unauthorized Use of Equipment or Software. You are strictly prohibited from altering, modifying, or tampering with the Our Equipment, Software or Service or permitting any other person to do the same without Our authorization. You may not copy, distribute, sublicense, decompile or reverse engineer any of the Software.
8. Use and Control of Information; Service Provider Communication; Ads. We may, without obligation, liability or notice, except to the extent prohibited by applicable law, distribute, loan, sell or otherwise share with other persons or entities user lists, (Your account information that does not identify customer by name, address or similar personally-identifiable information), as well as aggregate information. Aggregate information includes information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which do not rely on providing to recipients the identity of any particular user of the Service. This shall not be construed to limit Our use of other information not addressed in this Section. You agree that We, in Our reasonable good faith discretion, and without notice, to provide Subscriber and user information and records to (i) the courts, (ii) law enforcement agencies, (iii) government agencies, or (iv) authorized persons or entities involved in enforcing compliance with the law or prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person or entity. In addition, We may maintain and use internally such information and records. Information generated by or in connection with our administration of the Service shall be and remain Our exclusive property. You acknowledge that communications with Us, our representatives and our contractors may be monitored or reviewed for quality control and other reasonable business purposes. You also acknowledge that advertising and promotion may occur on the Service and also that neither You nor any user shall have any claim with respect to any proceeds from such activities. Our Customer Proprietary Network Information (“CPNI”) policy can be found at www.htcnet.net/cpni.htm.
9. Limited Warranty; Disclaimer of Warranties; Limitation on Damages. THE SERVICES AND EQUIPMENT ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BROADBAND SPEEDS, VIDEO AND TELECOMMUNICATION TRANSMISSION QUALITY, AND ACCURACY OF ANY DIRECTORY LISTINGS OR INFORMATION ARE NOT GUARANTEED. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY OUR EMPLOYEES, AGENTS OR CONTRACTORS SHALL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE QUALITY, CONTENT, ACCURACY OR VALIDITY OF THE INFORMATION, VIDEO AND/OR DATA RESIDING ON OR PASSING THROUGH AND/OR OVER THE NETWORK.
WITH RESPECT TO CLAIMS ARISING OUT OF PROVISION OF THE SERVICES SET OUT IN THIS AGREEMENT, OUR LIABILITY OF AND THAT OF OUR EMPLOYEES, AFFILIATES, SUBSIDIARIES, ASSIGNEES, OR AGENTS, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES WHICH SHALL NOT EXCEED THE GREATER OF TOTAL CHARGES APPLICABLE TO THE SERVICE FOR ONE YEAR OR THE THEN CURRENT TERM OF THIS AGREEMENT. IN THE CASE OF SERVICE INTERRUPTION, OUR LIABILITY SHALL BE LIMITED TO A PRORATED CREDIT FOR THE CHARGES APPLICABLE FOR THE PERIOD OF INTERRUPTION, AND AS OTHERWISE SET OUT ABOVE. UNDER NO CIRCUMSTANCES SHALL WE OR OUR EMPLOYEES, AFFILIATES, SUBSIDIARIES, ASSIGNEES, OR AGENTS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, NOTWITHSTANDING THEIR FORESEEABILITY OR DISCLOSURE BY YOU TO US, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM DELAY, LOSS OF DATA, PROFITS, OR GOODWILL. SHOULD WE PROVIDE ADVICE, MAKE RECOMMENDATIONS, OR SUPPLY OTHER ANALYSIS RELATED TO THE SERVICES, THIS LIMITATION OF LIABILITY SHALL APPLY TO PROVISION OF SUCH WORK. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY ACCIDENT OR INJURY CAUSED BY THE SERVICES. YOU ACKNOWLEDGE THAT THE PRICING OF SERVICES UNDER THIS AGREEMENT REFLECTS THE INTENT OF THE PARTIES TO LIMIT OUR LIABILITY AS PROVIDED HEREIN.
THIS SECTION 9 SURVIVES AND WILL CONTINUE TO APPLY AFTER THIS AGREEMENT ENDS.
10. Dispute Resolution. The Alabama Public Service Commission (“APSC”) has jurisdiction over the following complaints arising from Alabama intrastate residential telecommunications (telephone) services: inaccurate billing, billing of telecommunications services not ordered on your behalf and the establishment or disruption of telecommunications service. You may contact the APSC to file a complaint through its web page at http://www.psc.state.al.us or by telephone at 1-800-392-8050.
IT IS IMPORTANT THAT YOU READ THIS PARAGRAPH CAREFULLY. IT PROVIDES FOR RESOLUTION OF DISPUTES (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL OR EQUITABLE THEORY), THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT (OTHER THAN ACTIONS FOR THE COLLECTION OF DEBTS YOU OWE US), INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BASED ON ANY SERVICE OR ADVERTISING OF THE SERVICE RELATED THERETO, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §1-16. ANY QUESTION REGARDING WHETHER A PARTICULAR CONTROVERSY, OR THE PROCEDURES THEREIN, IS SUBJECT TO ARBITRATION SHALL BE DECIDED BY THE ARBITRATOR. YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL IN THE ARBITRATION. THE ARBITRATOR SHALL BE BOUND BY AND STRICTLY ENFORCE THE TERMS OF THIS AGREEMENT AND MAY NOT LIMIT, EXPAND OR OTHERWISE MODIFY THE TERMS OF THIS AGREEMENT IN CONDUCTING THE ARBITRATION AND MAKING ANY AWARD. THE ARBITRATION WILL BE BASED SOLELY ON THE WRITTEN SUBMISSIONS OF THE PARTIES AND THE DOCUMENTS SUBMITTED RELATING TO THE DISPUTE, UNLESS EITHER PARTY REQUESTS THAT THE ARBITRATION BE CONDUCTED USING THE AAA’S TELEPHONIC, ON-LINE, OR IN-PERSON PROCEDURES, FOR WHICH ADDITIONAL CHARGES MAY APPLY. ANY IN-PERSON ARBITRATION WILL BE CONDUCTED AT A LOCATION THAT THE AAA SELECTS IN THE STATE OF YOUR PRIMARY RESIDENCE. ARBITRATIONS UNDER THIS AGREEMENT SHALL BE KEPT CONFIDENTIAL TO THE EXTENT PERMITTED BY LAW.
THE ARBITRATION OF ANY DISPUTE UNDER THIS AGREEMENT SHALL BE CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL OR CONSUMER, AS APPLICABLE, ARBITRATION RULES AND FEE SCHEDULE OF THE AAA, AS MODIFIED BY THIS AGREEMENT. THE APPLICABLE AAA RULES SHALL BE THOSE RULES WHICH GOVERN THE AMOUNT AND TYPE OF DISPUTE INVOLVED AND WHICH ARE IN EFFECT ON THE DATE A DISPUTE IS SUBMITTED TO THE AAA. A COPY OF THE AAA’S ARBITRATION RULES IS AVAILABLE BY WRITING TO US AT P.O. BOX 129, GREENVILLE, ALABAMA 36037.
DISPUTES UNDER THIS AGREEMENT MAY NOT BE JOINED WITH ANOTHER PROCEEDING, INCLUDING ANY INDIVIDUAL OR CLASS LAWSUIT. THE ARBITRATOR MAY NOT AWARD, AND YOU AND WE WAIVE ANY CLAIMS FOR AWARDS FOR PUNITIVE OR CONSEQUENTIAL DAMAGES OR ATTORNEYS’ FEES OR ANY DAMAGES THAT ARE BARRED BY THIS AGREEMENT, UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A RELEVANT STATUTE. ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS (2) AFTER THE DATE THE BASIS FOR THE DISPUTE OR CLAIM FIRST ARISES, OR WITHIN SUCH OTHER TIME PERIOD AS MAY BE PRESCRIBED BY RELEVANT STATUTE. BEFORE EITHER PARTY TAKES A DISPUTE TO ARBITRATION, SUCH PARTY MUST FIRST ATTEMPT TO RESOLVE THE DISPUTE BY CONTACTING THE OTHER PARTY. TO DO THIS YOU SHOULD CONTACT THE CUSTOMER SERVICE NUMBER ON YOUR BILL, OR WRITE TO US AT THE ABOVE ADDRESS OR CONTACT US THROUGH THE WEB AT WWW.CAMELLIACOM.COM. IF WE ARE NOT ABLE TO SATISFACTORILY RESOLVE THE DISPUTE WITHIN SIXTY (60) CALENDAR DAYS FROM THE DATE OF THE INITIAL NOTIFICATION OF THE DISPUTE, EITHER PARTY MAY CONTACT THE AAA IN WRITING AT AAA SERVICE CENTER, 2200 CENTURY PARKWAY, SUITE 300,ATLANTA, GA 30345-3203 (TEL 404-325-0101; FAX: 404-325-8034) AND REQUEST ARBITRATION.
THE AAA’S FILING FEE AND ADMINISTRATIVE EXPENSES FOR DOCUMENT ARBITRATION WILL BE ALLOCATED ACCORDING TO THE RULES OF THE AAA, EXCEPT, AS STATED HEREIN, FOR CLAIMS OF LESS THAN $10,000, WE WILL PAY ALL OF THE AAA’S COSTS AND FEES OTHER THAN A FILING FEE OF $20, WHICH YOU MUST PAY. FOR CLAIMS BETWEEN $10,000 AND $75,000, WE WILL PAY ALL OF THE AAA’S COSTS AND FEES, EXCEPT THAT YOU WILL PAY A FEE TO THE AAA OF NO MORE THAN $375. IF YOU ELECT AN ARBITRATION PROCESS OTHER THAN A DOCUMENT (“DESK”) OR TELEPHONE ARBITRATION, YOU MUST PAY YOUR ALLOCATED SHARE OF ANY HIGHER ADMINISTRATIVE FEES AND COSTS FOR THE PROCESS YOU SELECT.
ADDITIONAL INFORMATION ABOUT THE AAA’S RULES AND POLICIES IS AVAILABLE AT THE AAA’S WEBSITE, WWW.ADR.ORG, INCLUDING INFORMATION REGARDING THE AVAILABILITY OF A PRO BONO ARBITRATOR AND/OR A WAIVER OR DEFERMENT OF FEES AND EXPENSES FROM THE AAA. SUBJECT TO APPLICABLE SUBSTANTIVE LAW THAT MAY PROVIDE OTHERWISE, EACH PARTY WILL PAY ITS OWN EXPENSES TO PARTICIPATE IN THE ARBITRATION, INCLUDING ATTORNEYS’ FEES AND EXPENSES RELATED TO THE PRESENTATION OF EVIDENCE, WITNESSES, AND DOCUMENT PRODUCTION. IF YOU PREVAIL IN THE ARBITRATION, YOUR ARBITRATION FILING FEE WILL BE REIMBURSED BY US. IF WE PREVAIL IN THE ARBITRATION, AND WE SHOW THAT YOU ACTED IN BAD FAITH IN BRINGING YOUR CLAIM AGAINST US, THEN WE MAY SEEK TO RECOVER THE AAA’S FEES AND REASONABLE EXPENSES OF THE ARBITRATION FROM YOU. IF ANY PROVISION OF THIS DISPUTE RESOLUTION SECTION IS DETERMINED TO BE UNENFORCEABLE, THEN THE REMAINDER SHALL BE GIVEN FULL FORCE AND EFFECT.
THIS SECTION 10 SHALL NOT APPLY TO ACTIONS FOR THE COLLECTION OF DEBTS YOU OWE US.
11. Indemnification. You shall indemnify and hold US harmless from and against any and all claims, losses, damages, liabilities, fees and expenses incurred by Us (including attorneys’ fees and expenses) or You resulting from, arising out of, or connected with any breach or violation by You of any terms and conditions set forth in this Agreement and Your use of the Service in any manner whatsoever.
12. Notices; Facsimile Signatures. All notices required by this Agreement may be made by any reasonable means, including, but not limited to, email or publication over the Service. The delivery of any party to the other of a telecopy or facsimile signature to the Service Application, this Agreement or any notice hereunder shall have the same effect as the delivery of an original signature; provided however, that the party thereafter shall promptly deliver an original signature page to the other (although any failure or delay in the delivery of an original signature shall not vitiate or impair the legally binding effect of a telecopy of facsimile signature).
13. Binding Effect. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their successors and permitted assigns of You; provided, however, that neither the equipment nor this Agreement nor any of the rights, interests or obligations of You hereunder or to the equipment may be transferred, assigned or delegated without Our prior written consent.
14. Governing Law and Forum/Collection Costs. Subject to the arbitration and dispute resolution requirements of Paragraph 10, this Agreement is governed by and construed in accordance with the laws of the State of Alabama and You consent to the jurisdiction of the federal District Courts of Alabama and the Circuit and District Courts of Washington County, Alabama with respect to any dispute arising under this Agreement. Any final arbitration award or judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. You agree to pay all costs of collection, including all reasonable attorney’s fees and expenses, incurred by Us arising from or related to the collection of any amounts due under this Agreement. The right to such attorney’s fees and expenses shall be deemed to have accrued from the commencement of any such activities and shall be enforceable whether such action is filed or prosecuted to judgment. Nothing herein contained shall be construed to preclude or in any way prohibit Us from instituting and otherwise prosecuting to judgment a lawsuit in any court of competent jurisdiction to effect the collection of any sums due it. The printed or electronic version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative hearing based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. Force Majeure. We are be excused from performance hereunder for any period, to the extent that it is prevented from such performance, in whole or in part, as a result of delays caused by an act of God or other cause beyond Our control, including, without limitation, weather, acts of third parties, or outages on other systems.
16. Reformation; Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, and the remainder of this Agreement shall not be affected thereby and each term, covenant or condition of the Agreement shall be valid and be enforced to the fullest extent permitted by law.
17. Waiver. Any failure by either party to insist upon the strict performance by the other party of any of the provisions of this Agreement shall not be deemed a waiver of any of the provisions of this Agreement, and each party, notwithstanding such failure, shall have the right thereafter to insist upon the specific performance of any and all of the provisions of this Agreement.
18. Web Service (Broadband Only). We grant you non-exclusive, non-transferable, limited license to store documents on our Internet World Wide Web server in accordance with this Agreement. We will bill for usage in accordance with rate and prices published online at the time of use. Personal web space may not be used for commercial purposes. Commercial web space is available as an optional service. You are responsible for domain name registration and for any associated fees. Provided however, that if selected by you as an optional service, We will register an available domain name on your behalf and charge you a registration fee and the initial term fee charged by such third party for owning the domain name. We shall also charge an initial nonrecurring setup fee for adding your registered name on Our domain name server and a monthly recurring fee for each month the site is hosted.
19. Calling Card Services. By activating or using a calling card, you agree that We or any billing agent we may use may release to Us any customer account information related to your use of the card. In the event that a Calling Card is used to place calls using other carriers, such calls shall be subject to the rates, terms, and conditions of such other carrier(s), and customer agrees to pay any such charges. You may authorize others to use your Calling Card, but you will remain responsible for all charges. If your Calling Card is lost or stolen, you are responsible for charges incurred until the time you notify Us at the number on your bill or by any verified electronic communication that may be provided by Us for that purpose. We may take any action We deem appropriate in the event We suspect calling card fraud, including, but not limited to, suspending or terminating the card without notice. Your card may also be subject to a maximum monthly usage limit.
20. Time Calculations. Unless otherwise provided in the Service Application, Any usage-sensitive charges under the Agreement begin when the connection is established and end when one or both parties hangs up. Long-distance telephone calls within the continental United States of America will be timed in six (6) second increments, and the time of the call will be rounded up to the nearest six (6) second increment. Long-distance telephone calls terminated outside of the continental United States will be timed in one (1) minute increments, and the time of the call will be rounded up to the nearest one (1) minute increment. REFER TO THE SERVICE DESCRIPTIONS AND RATES APPLICABLE TO YOUR SPECIFIC SERVICE FOR ANY PLAN SPECIFIC USAGE CHARGES AND OPTIONS.
21. Miscellaneous. This Agreement, along with the Service Application and Our Price List, and any other documents incorporated by reference herein, constitutes the entire agreement of the parties with respect to the Services and/or Equipment provided hereunder, above, and cannot be amended or modified except as provided in this Agreement.