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1.0 BILLING
1.1
In Consideration of services rendered and to be rendered,
the Customer guarantees the payment of all charges incurred
by the Customer(s) for services provided by Lake Livingston
Telephone Company.
1.2
The Customer further agrees that said account and all future
charges will be paid on or before the 16th day of each
month. Charges are rendered on the first day of each month
and are considered delinquent after the due date of the 16th
of the month and shall be assessed a late charge of 5% per
month. Ten days after the due date of the 16th any accounts
still delinquent will be suspended from use until the
charges have been paid in addition to an applicable
reconnect fee.
1.3
In case of errors or questions about a bill, the Customer is
to refer all inquiries as soon as possible by calling
936-566-4242. The Customer must respond no later than the
due date of the 16th of the first bill on which the problem
or error appeared. After this time, Lake Livingston
Telephone Company will consider the bill to be correct.
1.4
If the account becomes
delinquent and it becomes necessary to forward this account
to an attorney/collection agency for collection, the
Customer agrees to pay an attorney's/collection agency fee
for the handling of the same.
2.0
TERMINATION OF SERVICE
2.1
Lake Livingston Telephone Company reserves the right to
terminate all services to any customer with multiple
accounts should any such account become delinquent and are
not paid within 10 days of any billing due date. Multiple
accounts include but are not limited to parent, subsidiary,
and affiliated corporations; individuals and partnerships;
individuals and sole proprietorships; and any other entities
to which there is any direct or indirect connection between
the accounts.
2.2
Customer understands that Lake Livingston Telephone Company
reserves the right to terminate any account for any reason
and at any time. Customer's sole remedy is to receive a
refund for prepaid but unused services.
3.0
CANCELLATION OF SERVICE
3.1
The Customer additionally agrees to provide Lake Livingston
Telephone Company with a signed request form (from the
office) to request to cancel the account.
4.0
PASSWORD
4.1
The Customer will be provided with or will select an
identification code (username) and confidential password for
customer's exclusive use. The customer account is intended
to be a single-user account. Customer agrees to pay and be
responsible for, upon receipt of each monthly statement, all
usage of this identification code. In locations where
simultaneous login with the same username is allowed,
Customer understands that there will be an additional charge
for the duration of all concurrent sessions.
4.2
The Customer understands that, while Lake Livingston
Telephone Company makes every effort to maintain the
security of its machines and passwords, Lake Livingston
Telephone Company/Livingston Telephone is not liable if
Customer's username and/or password is compromised. Further,
the Customer is expected to maintain a secure password
consisting of no known word or phrase and using numbers or
letters. Hence, the customer may be held liable for any
actions taken by an individual or group who have
obtained/guessed the customer's password and used it to
access his account. Under no circumstances is Lake
Livingston Telephone Company/Livingston Telephone Co liable
for the actions taken by a compromised account.
5.0
USING ACCOUNT FOR ILLEGAL PURPOSES
5.1
Lake Livingston
Telephone Company/Livingston Telephone Co services and
accounts may only be used for lawful purposes. Copyright
compliance is to be maintained. Use of a Lake Livingston
Telephone Company account or service in an illegal manner is
grounds for immediate termination. Customer agrees to hold
harmless and indemnify Lake Livingston Telephone Company
against any claims or charges that arise from Customer's use
of Lake Livingston Telephone Company services and/or
accounts.
5.2
Use of an Lake Livingston Telephone Company account to gain
passwords, encryption codes, or other security information
of Lake Livingston Telephone Company and/or other sites on
any computer network is grounds for immediate termination
and, if illegal, will be reported to the proper authorities.
Use of an Lake Livingston Telephone Company account to break
into an Lake Livingston Telephone Company or other site's
machine is also grounds for immediate termination and will
be reported to the affected site and the proper authorities.
6.0
ELECTRONIC MAIL
6.1
While Lake Livingston Telephone Company does not in any way
monitor the content of any Customer's e-mail, Usenet
postings, downloads, etc., the Customer acknowledges that
Lake Livingston Telephone Company has the right to monitor
user activity if said activity is adversely impacting Lake
Livingston Telephone Company/ Livingston Telephone Co
service and/or another site. Lake Livingston Telephone
Company will not, however, disclose user activity to another
site or entity unless required by court order, subpoena, or
other legal force.
6.2
Lake Livingston
Telephone Company reserves the right to move, delete, or
reduce the Customer's mailbox if said mailbox has reached a
size that is adversely affecting system performance.
Further, Customer acknowledges that Lake Livingston
Telephone Company has the right to kill any email processes
being run by the Customer that are adversely affecting
system performance. In these and all instances of system
performance being affected, Lake Livingston Telephone
Company/Livingston Telephone Co is the sole judge of what is
adverse.
6.3
Lake Livingston Telephone Company/Livingston Telephone Co
cannot guarantee access to all web sites.
7.0
SECURITY
7.1
Information
transmitted over the Internet and/or other computer networks
is generally not considered to be secure. While Lake
Livingston Telephone Company respects the privacy of our
customers, the customer understands that there is no
guaranteed privacy on the Internet and that Lake Livingston
Telephone Company can not be liable or responsible for any
viewing or interception of Customer's e-mail, downloads,
news, etc., by other customers or individuals at Lake
Livingston Telephone Company or on any network.
8.0
SERVICE QUALITY
8.1
Lake Livingston
Telephone Company makes no warranty of its service and
availability. While a good faith effort will be made to
restrict any and all downtime to scheduled maintenance
periods, no guarantees are made as to any account, product,
or service offered by Lake Livingston Telephone
Company/Livingston Telephone Co. In addition, Lake
Livingston Telephone Company/Livingston Telephone Co makes
no warranty of Customer transmissions, connections,
downloads, etc. Customer is solely responsible for any
losses, damages, or expenses related to service failure,
whether caused by Lake Livingston Telephone Company or a
Customer, and agrees that Lake Livingston Telephone Company
shall not be liable for any or all of the same.
8.2
The Customer agrees to indemnify and hold Lake Livingston
Telephone Company/Livingston Telephone Co wholly harmless
from and against any and all liabilities that may arise as a
result of the failure of services, equipment or software of
Lake Livingston Telephone Company/Livingston Telephone Co,
with the exception of willful misconduct or omissions of
Lake Livingston Telephone Company/Livingston Telephone Co.
8.3
Per the PUC substantive rules from December 1987, Lake
Livingston Telephone Company is only responsible for the
wiring and cable from our office to the dmark (protector
box). We are not responsible for wiring in the home, nor are
we responsible for customer equipment; such as the modem and
network card needed for DSL and ISDN services (including
equipment purchased from Lake Livingston Telephone Company).
If we make a trip to the customer home and discover the
problem is in the customer's equipment then there will be a
standard trip fee charged to the customer, plus an hourly
charge for time spent servicing the customer equipment. Any
equipment replaced will be charged to the customer.
9.0
NETIQUETTE
9.1
Customer agrees to abide by the generally accepted rules of
netiquette and the acceptable use policies of any networks
or services accessed while using Lake Livingston Telephone
Company. It is the responsibility of the Customer to
familiarize himself/herself with these rules if he or she is
not already cognizant of them. Violations of said rules and
policies may be grounds for termination of Customer's
account with Lake Livingston Telephone Company, with
Customer agreeing to abide by Lake Livingston Telephone
Company interpretation of the above.
9.2
Netiquette violations that may result in the termination of
Customer's account include, but are not limited to, the
following:
a.
Using a Lake Livingston Telephone Company/ Livingston
Telephone Co mail server to "mail bomb" users/sites on the
net. Mail bombing in this sense refers to sending very large
and/or very many messages to a user or site, usually in the
hopes of filling their disk space or quota and causing their
mail server to crash or their mail to bounce.
b.
Sending unsolicited e-mail which provoke complaints from the
recipient(s).
c.
Posting a single article or substantially similar articles
to an excessive number of newsgroups (e.g., more than 10),
which provoke complaints.
d.
Continued harassment of other users, whether Lake Livingston
Telephone Company or not, after being asked to stop the
correspondence by both the recipient and Lake Livingston
Telephone Company.
e.
Sending mass e-mail (e.g., more than 20 recipients) that
provokes complaints to Lake Livingston Telephone Company, or
sending such mail of such a large volume or size that it
adversely affects a Lake Livingston Telephone
Company/Livingston Telephone Co mail server.
f.
Posting and/or e-mailing pyramid schemes and/or chain
letters to any newsgroup, mailing list, or individual.
g.
Making repeated off-topic posts that generate complaints to
Lake Livingston Telephone Company. While Lake Livingston
Telephone Company does not monitor the contents of its
users' posts, it does expect the Customer to abide by the
charter of each newsgroup and will respond to complaints of
repeated charter violations.
h.
Engaging in any of the above from another provider and
referencing a Lake Livingston Telephone Company/Livingston
Telephone Co mail account or WWW page in the message.
i.
Running bots or other automated processes on any IRC server,
whether said server is run by Lake Livingston Telephone
Company/Livingston Telephone Co or not.
j.
Harassing other IRC users, whether by kicking them off a
channel, mass messaging, or other means.
k.
Impersonating another user and/or forging header information
on e-mail or posts.
l.
Using a server of Lake Livingston Telephone
Company/Livingston Telephone Co or another site to exchange,
store, and/or facilitate usage of pirated software or
software designed to facilitate piracy.
m.
Using a server of Lake Livingston Telephone
Company/Livingston Telephone Co to distribute instructions
on "hacking" into computer systems, creating viruses, or
interfering with telephone services.
10.0
MISCELLANEOUS
10.1
Lake Livingston
Telephone Company/Livingston Telephone Co reserves the right
to change this agreement at any time. Notice of change will
be sent to you via e-mail. By using any Lake Livingston
Telephone Company services, the Customer agrees that he or
she has read and understands these terms and conditions and
agrees to be bound by them.
10.2
By making use of an Lake Livingston Telephone Company
account, the Customer certifies to Lake Livingston Telephone
Company that he or she is eighteen (18) years of age or
older. If the Customer allows an individual under eighteen
years of age to access the Internet from Customer's Lake
Livingston Telephone Company account, Customer takes full
responsibility for the minor's access to any information
that might be viewed as adult or unsuitable and agrees to
hold harmless and indemnify Lake Livingston Telephone
Company for any claims or charges that arise from said
minor's use of service.
10.3
Customer acknowledges that the Internet contains some
information that may be deemed offensive, obscene, or adult
in nature. Customer accesses such information at his or her
own risk, and understands that Lake Livingston Telephone
Company has no way to limit access to this type of material
located on the server of other providers. Customer
understands that Lake Livingston Telephone Company reserves
the right to remove from its server any material that Lake
Livingston Telephone Company management deems to be
objectionable. Customer will be notified by e-mail at the
time the material is removed. Repeated portrayal of
objectionable material on Lake Livingston Telephone
Company/Livingston Telephone Co servers will be grounds for
termination of the user account.
10.4
The Customer agrees to take responsibility for any accesses,
retrieval, and/or storage of any and all information
available to Customer from his/her Lake Livingston Telephone
Company account. The Customer indemnifies Lake Livingston
Telephone Company/ against any and all claims or charges
relating to the information customer can or does access
while using his/her Lake Livingston Telephone
Company/Livingston Telephone Co account.
10.5
Customer shall not intentionally allow unauthorized
connections to Lake Livingston Telephone Company,
unauthorized reselling of Lake Livingston Telephone Company
services, or the solicitation of Lake Livingston Telephone
Company users to become subscribers of other on-line
information services competitive with Lake Livingston
Telephone Company, nor shall Customer in any way duplicate
any Lake Livingston Telephone Company materials,
advertising, brochures, pamphlets and the like or any other
information which is proprietary to Lake Livingston
Telephone Company.
10.6
Lake Livingston Telephone Company/Livingston Telephone Co
reserves the right to direct a customer to remove any
program, process, or technique from a Web site that causes
excessive utilization of Lake Livingston Telephone
Company/Livingston Telephone Co bandwidth or resources. Lake
Livingston Telephone Company/Livingston Telephone Co can not
guarantee transfer speeds and levels from the world wide
web.
10.7
Lake Livingston Telephone Company provides a class of
dial-up service with unlimited normal usage. Unlimited
normal usage does NOT mean unlimited connection.
10.8
Should any violations within these Terms of Service require
corrective action on the part of Lake Livingston Telephone
Company, the Customer will be held liable for all costs
associated with such action.
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is authored and copyrighted by Lake Livingston Telephone
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