Harrisonville Telephone Company Website is committed to protecting your privacy and developing technology that gives you a powerful and safe online experience. This Statement of Privacy applies to the Harrisonville Telephone Company Website and governs data collection and usage. By using the Harrisonville Telephone Company Website, you consent to the data practices described in this statement.
Harrisonville Telephone Company Website collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Harrisonville Telephone Company Website also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that is automatically collected by Harrisonville Telephone Company Website. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Harrisonville Telephone Company Website for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Harrisonville Telephone Company Website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Harrisonville Telephone Company Website public message boards, this information may be collected and used by others. Note: Harrisonville Telephone Company Website does not read any of your private online communications. However, Harrisonville Telephone Company Website reserves the right to review materials posted to bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group, and to remove any materials in its sole discretion.
Harrisonville Telephone Company Website collects and uses your personal information to operate the Harrisonville Telephone Company Website and deliver the services you have requested. Harrisonville Telephone Company Website also uses your personally identifiable information to inform you of other products or services available from Harrisonville Telephone Company Website and its affiliates. Harrisonville Telephone Company Website may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Harrisonville Telephone Company Website does not sell, rent or lease its customer lists to third parties. Harrisonville Telephone Company Website may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Harrisonville Telephone Company Website may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Harrisonville Telephone Company Website, and they are required to maintain the confidentiality of your information.
Harrisonville Telephone Company Website does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
Harrisonville Telephone Company Website keeps track of the Web sites and pages our customers visit within Harrisonville Telephone Company Website, in order to determine what Harrisonville Telephone Company Website services are the most popular. This data is used to deliver customized content and advertising within Harrisonville Telephone Company Website to customers whose behavior indicates that they are interested in a particular subject area.
If you do not wish to receive information about other products or services available from Harrisonville Telephone Company Website and its affiliates and external business partners, or to receive opinion research surveys, please notify us by e-mail at firstname.lastname@example.org, or by writing to us at Harrisonville Telephone Company, 213 South Main Street, Waterloo, IL-62298
Harrisonville Telephone Company Website will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Harrisonville Telephone Company Website; (b) protect and defend the rights or property of Harrisonville Telephone Company Website; and, (c) act under exigent circumstances to protect the personal safety of users of Harrisonville Telephone Company Website, or the public.
The Harrisonville Telephone Company Website uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Harrisonville Telephone Company Website's pages, or register with Harrisonville Telephone Company Website or its services, a cookie helps Harrisonville Telephone Company Website to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Harrisonville Telephone Company Website, the information you previously provided can be retrieved, so you can easily use the Harrisonville Telephone Company Website features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Harrisonville Telephone Company Website services or Web sites you visit.
Harrisonville Telephone Company Website maintains the personally identifiable information you provide on computer servers in a controlled, secure environment, which is protected by means reasonably designed to prevent unauthorized access, loss, alteration, use or disclosure of such information. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. However, the nature of the Internet is such that information may be transmitted over networks without appropriate security measures and may be accessed, deleted, altered, used or disclosed by unauthorized persons.
Harrisonville Telephone Company Website will occasionally update this Statement of Privacy to reflect company and customer feedback. Harrisonville Telephone Company Website encourages you to periodically review this Statement to be informed of how Harrisonville Telephone Company Website is protecting your information.
Harrisonville Telephone Company Website welcomes your comments regarding this Statement of Privacy. If you believe that Harrisonville Telephone Company Website has not adhered to this Statement, please contact Harrisonville Telephone Company Website at email@example.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.
HTC's dedication to customer service means that HTC strives to maintain an Internet Access Service ("Access Service") that provides HTC customers with an enjoyable Internet experience, and an experience that is free from interference by persons who use the Access Service in an improper or unlawful manner. HTC's Online Policies address frequently asked questions regarding proper online conduct. These policies include information on: HTC Account Charges; the content of the material that you may find on or through the Access Service; goods and services available online through the Access Service; and procedures for reporting complaints regarding a person's online conduct.
HTC's Online Policies, including the following list of Prohibited/Abusive Activities, are part of your subscriber agreement. Please note that if you engage in any such activities, HTC may suspend or terminate your account.
As explained in your subscriber agreement, your use of HTC Internet Access Service must be governed by all applicable laws and regulations, including all applicable local, state, national, and international laws and regulations. In addition to other applicable laws, this includes all laws relating to copyright, trademark, trade secrets, obscenity, defamation, rights of privacy and publicity, false advertising, and fraud.
In addition to such laws and regulations, when using the Access Service you must use your best efforts to avoid interfering with any other person's use and enjoyment of the Access Service. You must also ensure that your use of the Access Service is governed by generally accepted rules of proper Internet conduct.
Please use your best judgment, be respectful of other subscribers, and take the time to review the activities listed below. These activities are not proper Internet conduct and are prohibited activities on the Access Service. Following these rules will ensure that everyone has an enjoyable Access Service experience.
For purposes of the Prohibited/Abusive Activities, the term "content" means information or material of any type capable of being posted or transmitted on or through the Access Service, including material in print, graphic, pictorial audio, or audio-visual form.
When using the Access Service
(a) Defamation. You agree not to post or transmit any content in violation of any applicable law of libel or defamation in the United States or elsewhere.
(b) Fraud. You agree not to post or transmit any fraudulent content on or through the Access Service. This includes any content that you know or have reason to know is false, and that you intend for others to rely on.
(c) False Advertising. You agree not to post or transmit on or through the Access Service any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
(d) Unsolicited Advertising. You agree not to post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other subscribers, individuals, or entities, except in those areas (e.g., classified advertisement areas) that are designated for such a purpose. You further agree not to involve or associate HTC in any way with the posting or transmission of unsolicited advertising, promotional materials, or other forms of solicitation, including but not limited to unsolicited advertisements sent from another service provider advertising an HTC-hosted web page and unsolicited advertisements sent from another service provider which request that replies be sent to an HTC email address.
(e) Copyright and Patent Violations. You agree not to post or transmit on or through the Access Service any content that infringes another person's or entity's copyright or patent in all or any part of the content.
(f) Trademark, Service Mark, and Trade Dress Violations. You agree not to post or transmit on or through the Access Service any content that inftinges, dilutes or otherwise violates another person's rights in its trademarks, service marks, trade dress, or other indicia of origin.
(g) Trade Secret Violations. You agree not to post or transmit on or through the Access Service any content that reveals trade secrets or other confidential or proprietary information belonging to another person or other entity.
(h) Obscenity. You agree not to post or transmit any obscene or pornographic content, including, but not limited to, child pornography, on or through the Access Service.
(i) Harassment, Threats, and Abuse. You agree not to use the Access Service to harass, intimidate, threaten, or abuse any person or entity, by any means, including the use of vulgar, hateful, racially or ethnically offensive, sexually harassing, or other-wise objectionable content.
(j) False Pretenses. You agree to not use the Access Service to impersonate any person, including but not limited to, an HTC official or an information provider, guide, or host, or communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue, and message posting.
(k) Chain Letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Access Service.
(l) Inappropriate Content. You agree not to post or transmit on or through the Access Service content that is patently inappropriate material under the circumstances -- e.g., content or topics not related to the topics focused on by the participants in a particular news group or mailing list.
(m) Scrolling. You agree not to cause the screen to "scroll" faster than other subscribers or users are able to type to it, or any action to a similar disruptive effect on or through the Access Service.
(n) Disruptive Activities. You agree not to use the Access Service to disrupt the normal flow of online dialogue, or otherwise act in a manner that negatively affects use of the Internet by other subscribers, users, individuals, or entities.
(o) Violations of Service Providers' Rules. You agree to not use the Access Service to violate any operating rule, policy, or guideline of any other online service provider or interactive service.
(p) Multiple Access. You agree that this Agreement is not transferable. You agree not to simultaneously access the Access Service for more than one session at any time.
(q) Abuse of HTC Procedures. You agree not to make false or unverified complaints against any HTC subscriber, or otherwise abuse any of HTC Complaint Response Procedures.
(r) Systems Abuse. You agree not to abuse HTC's system, or any other system accessible through the Internet via HTC, by causing any harm to the system so that it inhibits or negatively impacts the ability of other users to effectively use such system. You further agree not to compromise or attempt to violate security at HTC or elsewhere, including but not limited to, attempted access of any data, server, or account that you are not expressly authorized to access.
(s) SPAM. You agree not to post or cross post, regardless of content, copies of the same message to 20 or more newsgroups.
(t) Support Abuse. You agree not to harass, threaten or abuse authorized representatives of HTC, including but not limited to tech support representatives, customer relations representatives, and sales representatives, or otherwise abuse HTC's support services.
(u) Inappropriate software, products, and services. You agree not to post, transmit, promote, or otherwise make available any software, product or service that is illegal, violates the rights of HTC or a third party, or is designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. "spamware"), services which send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs, and programs designed to gain unauthorized access to networks on the Internet. You are responsible for ensuring that any hardware and/or software you use in connection with posting and transmitting is compatible with HTC's requirements and other applicable laws and regulations.
(v) Reselling. You agree not to resell HTC services or products without an express written agreement with HTC to do so.
HTC Internet Access Service provides access to information, communications, software, photos, video, graphics, music, sounds, services and other material located both on HTC computer servers and on the Internet ("Content"). You should be aware that the Internet contains Content, goods, and services that you may find improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. Such Content may not be appropriate for you or for any minors who may be accessing the Internet through your account.
As a matter of policy, HTC does not pre-screen Content placed on HTC computer servers by any of its subscribers. Moreover, HTC does not have the practical ability to monitor, review, or restrict access to Content on HTC servers prior to its transmission or to monitor all communications between parties. Thus, there may be Content on HTC servers which may violate HTC rules, and you may receive offensive and unsolicited Content that HTC cannot control.
HTC retains the right to remove Content from HTC servers that violates its subscriber agreement (including these On-Line Policies). In particular, HTC reserves the right to remove or block access to material if it receives appropriate notice that such material infringes the proprietary rights of a third party, has actual knowledge of such infringement, or is aware of facts or circumstances from which infringement is apparent. However, the Access Service provides access to users who are not a part of HTC Access Service and HTC does not have the capability to monitor, review, remove or restrict access to any Content made available by third parties on the Internet.
Accordingly, HTC cannot be responsible for any conduct, Content, goods, and services available on or through the Access Service. HTC suggests that concerned parents consider using one of the commercially available software programs capable of restricting access to sexually explicit material on the Internet. However, no parental control software is perfect. Your use of such software is solely at your own risk. HTC makes no warranties or representations as to the accuracy, completeness, or usefulness of any parental control software or service.
HTC intends to respect its subscribers' privacy and will not randomly monitor or disclose the contents of private e-mail or private chat room communications. However, you agree that HTC has the right, but not the obligation, to monitor or disclose the contents of private communication, if HTC, in its sole discretion, reasonably believes that such action is necessary: (a) to comply with applicable law or valid legal process; (b) to protect HTC rights or property; or (c) in emergencies when a person's physical safety is at issue.
In addition, HTC reserves the right under appropriate circumstances to disclose the identity of a subscriber to third parties in response to a valid legal subpoena and to otherwise cooperate with legitimate police inquiries and lawful civil proceedings.
HTC does not control or take responsibility for any Content, goods, or services which independent third parties may available on or through the Access Service. Subscribers may receive blind opportunity advertisements, pyramid schemes, and other "get rich quick" schemes on or through the Access Service. These should be avoided or approached with ample skepticism. Please remember that HTC does not endorse, warrant, or guarantee the accuracy, completeness, usefulness, quality, or availability of any such Content, goods, or services, and your use thereof is solely at your own risk.
You should use your best judgment and exercise caution when purchasing a product or service through the Access Service. HTC will not be a party to, or in any way be responsible for, monitoring any purchases or other transactions between you and any other persons providing Content, goods, or services on or through the Access Service. HTC assumes no responsibility for any such transactions and will not mediate disputes relating to such transactions. HTC disclaims any responsibility for any such transactions even where the Access Service features or displays a link with a particular World Wide Web site.
Account Charges. Your monthly account charges are payable in advance. However, no cancellation fees will apply if you terminate your account. If you terminate your account, you will receive a prorated refund for any access time credited to your account. However, if your account is terminated by HTC because of violations of HTC's subscriber agreement (including these Online Policies), you will not be entitled to a prorated refund, such forfeiture being agreed to you and HTC as liquidated damages and not as a penalty.
Account Responsibility. You are responsible for all activities and charges associated with your account. If any unauthorized charges are made on or through your account, you are responsible for such charges until you notify HTC of a breach of security by calling HTC at 618-939-6112 and change your password. Please be advised that the contact person or listed owner of the HTC Internet Account is solely responsible for activities conducted through, on or with their HTC Internet Account, including activities by other persons (including minors) whether or not authorized by such contact person or listed owner. If you, or someone to whom you have given access to your account, violates the HTC Internet Access Agreement, your account may be terminated.
Credit Card Usage. If you pay by credit card, you expressly authorize HTC to charge the credit card account number associated with your Account for any Access Service charges that accrue from month to month. You reauthorize HTC to charge your designated credit card account each time you use the Access Service. This authorization will remain valid until you terminate your authorization in writing. HTC may immediately terminate your account, in HTC's sole discretion, for declined credit cards, returned checks, or any other non-payment of account charges.
Billing Cycle. Billing will begin on the date you purchase the Access Service. Subsequent billing will begin on one of the three standard HTC monthly billing cycles. Billing cycle is determined by Access Service start date and/or service location. Access Services are billed in advance coinciding with a standard HTC monthly billing cycle. Partial charges may apply on the first monthly billing based on actual Access Service start date and actual standard HTC monthly billing cycle. Based on the Access Service start date and actual standard HTC monthly billing cycle, first billing period may exceed one monthly period.
Payment. If you pay other than by credit card, your account charges are due on your receipt of an invoice, and payment of your account charges must be received by HTC prior to the first day of each billing cycle. Your account will be considered to be in default if payment of your account charges is not received within ten (10) days after the date of your invoice. If your account is still unpaid thirty (30) days after the date of your invoice, you may have your Access Service interrupted or terminated.
Nonpayment. If any instrument received in payment is returned to HTC unpaid, your account will be considered to be in default, and in addition to the amount due, you will be subject to a returned check charge of $25.00. If your account is canceled or interrupted for non-payment, you must continue to pay your monthly account charges. Only your written request to terminate your account'will relieve you of your obligation to pay your monthly account charges.
Default. You agree that an interest rate of 1.5% compounded monthly, or the maximum allowable rate under state law, will apply to any amounts you continue to owe to HTC after the due date for such amounts has passed. HTC will clarify the due date applicable to your payments in your invoice. You agree that, if you default on your account, HTC may assign unpaid delinquent charges to a collection agency for action. In the event HTC resorts to a collection agency, or takes other legal action to recover amounts you owe, you agree to reimburse HTC for all legitimate expenses actually incurred in recovering such amounts (including attorney's fees).
HTC's dedication to customer service means that HTC takes seriously and attempts to respond to all complaints about its subscribers' use of the Internet. This means complaints by both HTC subscribers and complaints by other Internet users. HTC believes that its customers should be able to enjoy full use of the Internet without interference by persons who use the Internet in an improper or unlawful manner.
HTC will follow the Complaint Response Procedures described below to respond to complaints from subscribers and others about HTC subscribers.
HTC will respond to any complaint that involves online activities that are Prohibited/Abusive Activities. In particular, HTC will respond to complaints that material stored on its system at the direction of one of its subscribers or for system caching purposes or to which HTC provides a link or other reference infringes another person's copyright as provided for in the Digital Millennium Copyright Act (a "Copyright Complaint") or otherwise violates the criminal or civil laws of the United States, the several states or a foreign country.
Please note that HTC has designated an agent for receiving and processing such Copyright Complaints. The contact details regarding such agent are as follows:
Harrisonville Telephone Company
213 South Main
P.O. Box 149
Waterloo, Illinois 62298
1. Form of Complaint
Complaints may be submitted by e-mail (abuse@HTC.net), fax, or mail.
2. What Information Should be Submitted
A. General Complaints
(i) The IP address used to commit the infraction.
(ii) The date on which the infraction was committed.
(iii) The time at which the infraction was committed (if applicable).
(iv) The time zone relevant to (b) and (c) above (if applicable).
(v) Some evidence of the infraction.
E-mail with full header information provides all of the above criteria. Syslog files usually provide all but (iv). Other situations will require different methods of providing the above.
B. Copyright Complaints
If a complaining party wishes to make a Copyright Complaint, it should submit the following information:
(i) Identification of the copyrighted work claimed to be infringed (or if multiple works are claimed to be infringed at a single site, a representative list of such works).
(ii) Identification of the material that is claimed to be infringing or in the case of a reference or link, identification of the reference or link to the allegedly infringing material. Please provide information sufficient to locate such material or reference or link on HTC's system.
(iii) The address, telephone number, and/or email address of the complaining party or its client.
(vi) A statement that the complaining party or its client has a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, the owner's agent or the law.
(v) A statement that the information being given is accurate.
(vi) If the complaining party is not the copyright owner, a statement, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
(vii) A physical or electronic signature of a person authorized to act on behalf of the owner of an allegedly infringed exclusive right.
(viii) If the material is stored on HTC's system for caching purposes, a statement confirming that the material has been removed or access-disabled from the originating site or that a court has ordered such removal or disabling.
If HTC receives a Copyright Complaint containing the information specified above, it shall promptly remove or block access to such materials.
C. Subscriber Counter Notice
However, if the complaint arises out of a claim that the infringing material was stored on HTC's system at the direction of one of its subscribers, HTC shall attempt to notify the relevant HTC subscriber of the action taken. If the subscriber believes in good faith that the material was removed or access blocked as a result of a mistake or misidentification, that subscriber may send a counter notice to HTC's agent. Such counter notice should include the following:
(i) Identification of the material that has been removed or to which access has been blocked and the location on the HTC system where the material appeared.
(ii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
(iii) The subscriber's name, address and telephone number
(iv) A statement that the subscriber consent to the jurisdiction of the U.S. District Court for the federal district in which the subscriber resides and that the subscriber will accept service of process from the complaining party or its agent.
(v) The subscriber's physical or electronic signature.
Upon receipt of such an appropriate counter notice, HTC shall promptly replace the removed material and/or cease disabling access to it unless HTC first receives appropriate notice from the complaining party that it has filed a law suit seeking a court order to restrain the subscriber from engaging in the allegedly infringing activity.
D. Liability for Misrepresentations
Please note that any person who knowingly misrepresents to HTC that material is infringing shall be liable to HTC and/or the alleged infringer for any damages (including costs and attorneys' fees) suffered or incurred by HTC and/or the alleged infringer as a result of HTC's relying on such misrepresentation and removing or disabling access to such material.
Similarly, any person who knowingly misrepresents to HTC that the material was removed or access blocked by mistake or misidentification shall be liable to HTC and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys' fees) suffered or incurred by HTC and/or the copyright owner or its authorized licensee as a result of HTC's relying on such misrepresentation and replacing such removed or blocked material.
IF YOU HAVE ANY QUESTIONS REGARDING THESE POLICIES, YOU CAN CALL HTC CUSTOMER SERVICE DEPARTMENT AT 618-939-6112.
Before you begin to access the Internet through HARRISONVILLE TELEPHONE COMPANY (“HTC”), you (“you”, “your”, “yourself”, and/or “subscriber”) must review the following terms and conditions of HTC Internet access service (the "Access Service"). These terms and conditions explain HTC's obligations to you, and explain your obligations to HTC when you use the Access Service and will constitute a binding contract between you and HTC (the "Agreement"). HTC is providing you with the Access Service in consideration of your agreement to abide by these terms and conditions.
1. Online Policies. To make your use of the Access Service as enjoyable as possible, HTC has developed HTC's Online Policies, which appear at the end of this Agreement and will continue to be refined and revised over time. You agree to abide by HTC's Online Policies and agree that those policies are incorporated into this Agreement by reference. Please take the time to familiarize yourself with those policies.
2. Account Charges. Current account charges, including billing methods, rates, and surcharges for using the Access Service, may be found in HTC's Online Policies or may be obtained by calling HTC Customer Service at 618-939-6112.
3. Revisions. You agree that HTC may:
(a) revise the terms and conditions of this Agreement (including HTC's Online Policies);
(b) revise its billing rates and account surcharges; and
(c) modify the services provided under this Agreement at any time. Any such revisions and modifications shall be binding and effective immediately on posting the revised Agreement on HTC home page at http://www.htc.net/htc_netinfo/htcterms.htm, or on notification to you by email or United States mail.
4. Termination. You agree to review the Agreement (including HTC's Online Policies) periodically to be aware of any such revisions. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by providing HTC with written notice by United States mail, or by contacting HTC customer service via phone or email. Notice of your termination will be effective on receipt by HTC.
5. Acceptance of Revisions. You agree that, by continuing to use the Access Service following notice of any revision to the Agreement (including HTC's Online Policies), you accept any such revisions and agree to abide by any such revisions.
6. Informative E-mails. HTC reserves the right to distribute informative e-mails to its subscribers on an ad hoc basis that HTC feels is pertinent to the quality of its service. These announcements may include information about revisions to this Agreement (including HTC's Online Policies) and/or modifications to the services provided under this Agreement or other information about HTC's services.
1. Registration. You agree to provide HTC with accurate, complete registration information, to promptly notify HTC of any changes in such information, and to verify such information as HTC may request. Registration information means any data relating to your identity, electronic mail and street address, or telephone and fax number, or any other information that you provide to HTC in order to receive or to continue receiving services. If you do not provide HTC with accurate registration information, you are not authorized to use the Access Service and your account may be terminated immediately.
2. Eligibility. YOU AGREE THAT BY USING THE ACCESS SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
1. Provided Services. HTC Internet Access Service will provide you with:
(a) Limited or unlimited connectivity to the Internet, depending on which Internet plan you have chosen, through HTC Internet Access Service. "Unlimited connectivity" is defined as "flat-rate" (i.e. non-metered) access to the Internet via HTC. All services, including “unlimited,” are subject to availability and all applicable service limitations;
(b) No cancellation fees, unless you have agreed to a commitment in excess of month to month, such as receiving free installation of an Digital Subscriber Line ("DSL") in exchange of a one year service commitment, in which case the early termination fee shall be in the amount designated by HTC at the time you purchase, upgrade or renew your service;
(c) Customer technical support at no additional charge; and
(d) Dial-up or DSL Internet Access, depending on which Internet plan you have chosen.
2. Service Delivery. Customer understands that HTC will make commercially reasonable efforts to provision DSL Internet Access. Provisioning of DSL Internet Access is contingent upon the availability of DSL capable loops to a Customer’s location. If no such DSL-capable local loop is available, then DSL Internet access will not be provisioned. Unless otherwise specifically designated, all stated and advertised connection speeds are non-guaranteed, maximum upload and download speeds and may vary during the service period. Customer understands that even after the DSL Internet Access is provisioned and operational, certain conditions may impact the quality and use of the line. Environmental issues such as quality of the telephone line, interference from other DSL connections, high frequency sources close to the telephone line, etc., may deteriorate the quality or speed of the DSL Internet Access resulting in reduced throughput. HTC will undertake reasonable efforts to restore the original quality or speed, to the extent any service degradation is in HTC’s reasonable control; provided, however, restoration is not guaranteed and the line may be deemed technically not feasible. If the DSL Internet Access is deemed technically not feasible, the customer will be asked to disconnect the circuit at no cost or without penalty. If the customer chooses to continue to use the DSL Internet Access, after it is deemed technically not feasible, Customer understands that the DSL connection will not be supported by HTC.
3. Personal Use. You agree that use of the Access Service is limited to your personal use. Personal use means active use by you or by another person who is either under your direct supervision or is using the Access Service with your joint participation. In addition, you agree not to use any automatic redialing device to maintain a constant or extended connection with the HTC network while you are not personally using the services.
4. Access at Your Own Risk. The Internet is an international computer network. The Internet is not owned, operated, or managed by, or in any way affiliated with HTC or any of HTC's affiliates. HTC cannot and does not guarantee that the Access Service will provide Internet access that is sufficient to meet your needs. You agree that your use of the Access Service and the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations.
5. Termination for Violations. You agree that HTC retains the right, but not the obligation, to restrict or terminate your Access Service at any time, if HTC, in its sole discretion, determines that you are in violation of this Agreement and/or HTC's Online Policies. You agree that, if HTC determines that you are in violation of this Agreement, any restriction or termination of your Access Service will be effective immediately, without prior notice. You agree that HTC will have no liability to you for any restriction or termination of your Access Service pursuant to such violation.
6. Termination Forfeitures. YOU AGREE THAT IF HTC TERMINATES YOUR ACCESS ACCOUNT AS A RESULT OF YOUR VIOLATION OF THIS AGREEMENT OR HTC'S ONLINE POLICIES, YOU FORFEIT ANY RIGHT TO A REFUND OF ANY PREPAID ACCOUNT CHARGES, SUCH FORFEITURE BEING AGREED TO BY YOU AND HTC AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. You further agree that HTC is under no obligation to forward any email for an account cancelled due to a violation. HTC reserves the right to refuse the application of reapplication of any whose account has been cancelled for a violation, or anyone whom HTC suspects is acting on behalf of someone whose account has been cancelled for a violation. HTC reserves the right to cancel or suspend all other accounts belonging to you if one of your accounts was involved in a violation.
7. Prevention of Agreement Violations. HTC reserves the right to disconnect and/or temporarily suspend an account from HTC's service without warning if in HTC's sole discretion there is a reasonable suspicion that such disconnection or suspension would prevent or interrupt a violation of this Agreement or HTC's Online Policies.
8. Digital Millennium Copyright Act. Subject to the provisions of the Digital Millennium Copyright Act and any other applicable laws and regulations, HTC reserves the right to remove or block access to, either permanently or temporarily, any files which HTC suspects or which a third party alleges are associated with a violation of the law, this Agreement or HTC's Online Policies or with the account responsible for such violation. This includes but is not limited to blocking access to Usenet news articles.
9. Smarthosting. HTC reserves the right to refuse "smarthosting" connectivity and other similar services and procedures to any use who owns or operates an open mail relay.
10. Retained E-mail. HTC reserves the right to remove, either permanently or temporarily, any e-mail that has been left on HTC servers for a period of 45 days or more.
11. Disconnection. If you are using a dialup connection and your connection to HTC's Access Service has not activity from the user for a period of 20 minutes, then HTC may disconnect services and end the session.
12. Telephone Charges. You are responsible for verifying that the phone number your computer is dialing in order to access the Internet through HTC is a local access number. Any telephone charges associated with our access to the Internet are solely your responsibility. HTC DOES NOT REIMBURSE OR PAY AND SHALL NOT BE RESPONSBILE FOR ANY OF YOUR TELEPHONE CHARGES FOR ANY REASON.
13. Communication Equipment. You are responsible for obtaining and maintaining any communications equipment necessary to connect to HTC, including modems, computer hardware and software, and long distance or local telephone service. You are responsible for ensuring that such equipment or service is compatible with HTC's requirements. In addition, you are responsible for maintaining the security of your account, password, files, network and use access, and any information you disseminate through HTC services or other Internet services, and for all use of your account with or without your knowledge or consent, including, without limitation, any use of your account by minors.
14. No Liability. By using the Access Service you agree that neither HTC nor its affiliates shall be held responsible or liable, directly or indirectly, for any loss, liability or damage of any nature caused, or alleged to have been caused, by your use of, or reliance on, any content, goods, or services available on or through the Access Service.
1. Content. The Access Service provides you access to information, communications, software, photos, video, graphics, music, sounds, services and other material located both on HTC's computer servers and on the Internet ("Content"). As a matter of policy, HTC does not prescreen Content placed on HTC computer servers by any of its subscribers. Moreover, HTC does not have the practical ability to monitor, review, or restrict access to Content on HTC servers prior to its transmission or to monitor all communications between parties. The Internet also provides access to individuals and organizations who are not HTC subscribers. HTC does not have the capability to monitor, review, or restrict any Content made available by third parties on the Internet, to edit or remove any Content that is not on HTC's own servers, nor to monitor all communications between parties. You agree that you shall be responsible for and bear all risk associated with the accuracy, completeness, reliability, or usefulness of any Content available to you on or through the Access Service and for all your communication on the Access Service.
2. Content Removal. You agree that notwithstanding anything herein to the contrary, HTC has the right, but not the obligation, to remove Content from HTC computer servers which HTC, in its sole discretion, determines to be in violation of this Agreement or HTC’s Online Policies.
3. Undesirable Content. You acknowledge that you may receive or be exposed to Content, goods, or services which you consider to be improper, inaccurate, misleading, defamatory, obscene, or otherwise offensive. You agree that HTC will not be liable for any action or inaction with respect to any such Content posted on or through the Access Service and the Internet.
1. Accessible Content. The Access Service provides access to Content that is protected by copyrights, patents, trademarks, and other intellectual property rights (“Rights”) of various third parties.
2. Content Use. You agree that your use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content.
3. Third Party Materials. You agree not to upload, download, display, perform, transmit or otherwise distribute on or through the Access Service any material (including, without limitation, and Content to which you have access through the Access Service) that is subject to another party’s Rights, without that party’s express permission or unless otherwise authorized by law. You acknowledge and agree that any such unauthorized conduct: (a) may result in termination of this Agreement, and; (b) may expose you to civil or criminal liability. WITHOUT LIMITING THE FOREGOING IN ANY WAY, YOU ACKNOWLEDGE AND ACCEPT THAT HTC SHALL HAVE THE RIGHT, IN APPROPRIATE CIRCUMSTANCES, TO RESTRICT AND/OR TERMINATE YOUR ACCES SERVICE IF YOU REPEATEDLY ENGAGE IN COPYRIGHT, PATENT, OR TRADEMARK INFRINGEMENT OR OTHER VIOLATIONS OF THE RIGHTS OF THIRD PARTIES.
4. Distribution of Materials. You agree that by posting or transmitting or otherwise distributing material to any public area (such as public chat rooms, message boards, newsgroups, webspace or software libraries), you are requesting and authorizing HTC to make that material available to other Internet users and that such access will result in copies of such material being transmitted to others. To the extent that such material is subject to any Rights of yours or a third party, you automatically
(a) grant, and/or represent that owner of any such material has expressly authorized you to grant, HTC a royalty-free, perpetual, irrevocable, non-exclusive, world-wide, right and license to reproduce, publish, distribute, perform and display such material (in whole or in part), or
(b) represent that the publication, distribution, performance and display of such material (in whole or in part) by HTC, is otherwise authorized by law.
5. Termination for Infringing Materials. With respect to any material stored on an HTC system at your direction, you acknowledge and agree that in the event that HTC receives appropriate notice that such material infringes the Rights of a third party, has actual knowledge of such infringement, or is aware of facts of circumstances from which infringement is apparent, HTC shall have the right immediately to remove or block access to such material. Under such circumstances, however, you shall have the right to notify HTC that such material has been removed or access denied as a result of a mistake or misidentification of the material. HTC’s policy with respect to such notices is explained in more detail in HTC’s Online Policies. You also acknowledge and agree that, under appropriate circumstances, HTC shall have the right to remove or block your access to allegedly infringing Content provided by third parties.
1. No Warranty. THE ACCESS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HTC DOES NOT WARRANT THAT THE ACCESS SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HTC MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH HTC OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY HTC ITS REPRESENTATIVES SHALL CREATE A WARRANTY. HTC AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE ACCESS SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, HTC'S CUMULATIVE LIABILITY TO ANY SUBSCRIBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE ACCESS SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID DURING A ONE YEAR PERIOD.
2. Limitation of Liability. EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE EXPRESSLY PROHIBITED BY LAW, HTC DISCLAIMS ANY AND ALL LOSS, DAMAGE OR LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE ACCESS SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS, DAMAGE OR LIABILITY RELATING TO: (A) LOSS OR CORRUPTION OF DATA; (B) LOSS OF OR DAMAGE TO SOFTWARE OR HARDWARE; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS; (D) COMPUTER VIRUSES; (E) NON-DELIVERY OR MIS-DELIVERY OF DATA; (F) THE NEGLIGENT ACTS AND/OR OMISSIONS OF HTC OR HTC SUBSCRIBERS; (6) ANY DEFECTS, FAILURES, ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION, GOODS, OR SERVICES OBTAINED ON OR THROUGH THE ACCESS SERVICE, AND; (8) LOSS OR LIABILITY RESULTING FROM ACTS BEYOND HTC'S CONTROL.
3. No Reliance. You may not rely on oral or written information or advice given by HTC's officers, directors, employees, agents, authorized representatives, subcontractors or affiliates and/or their officers, directors, employees, agents, authorized representatives, or subcontractors or affiliates to create a warranty or increase the scope of warranty already established in these terms and conditions. Your rights and HTC's responsibilities are limited to the warranties that are expressed in these written terms and conditions that have been established by HTC to govern the use of the Access Service.
1. Indemnity. You agree to defend, release, indemnify, and hold HTC, its affiliated companies and licensors, and its and their respective officers, directors, employees, agents, authorized representatives, and subcontractors harmless from all liabilities, claims and expenses, including without limitation reasonable attorneys fees, arising from breach of the Agreement by use of, or in connection with the posting or transmission of any Content or other material by or through your account on the Access Service.
2. Defense Assumption. You agree that HTC has the right, but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to Paragraph I of this section. In such event, you shall have no further obligations pursuant to Paragraph I of this section.
1. Termination. You agree that, notwithstanding anything herein to the contrary, you or HTC may terminate this Agreement for any reason at any time.
2. Dissatisfaction. You agree that your only right with respect to any dissatisfaction with (a) any agreement term, policy, or practice of HTC in operating the Access Service, (b) any Content available on or through the Access Service or change therein, or (c) amount or type of fees or billing methods, or change therein, is to terminate this Agreement as set forth in Paragraph I of this section.
3. File Deletion. You agree that HTC has the right, but not the obligation, to delete all programs, data, or other files on HTC computer servers that are associated with your account at the time of termination.
4. Id Modification. Only the person whose name is on the account shall have the right to change the user id(s) and/or password(s) for the account, and/or cancel an existing account. Some restrictions may apply to your selection of user id.
1. Arbitration. Except with respect to equitable remedies which may be obtained in a court of competent jurisdiction, any dispute arising under or relating to this Agreement which the parties cannot resolve within sixty (60) days shall be directed to binding arbitration administered by, and pursuant to the commercial arbitration rules of the American Arbitration Association ("AAA") in the State of Illinois with all expenses being shared as provided in the award by the arbitrator. Judgment upon any AAA award may be entered in any court having jurisdiction. The parties agree that venue and jurisdiction for entry of any judgment or award related hereto shall lie in Monroe County, State of Illinois. Any costs incurred in the enforcement of the arbitration award shall be paid by the party against whom enforcement is sought.
2. Choice of Law. The Agreement will be governed by the laws of the State of Illinois, excluding its conflicts of law rules. You and HTC each submit to the exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts of the State of Illinois and the federal courts located in the State of Illinois.
3. Entire Agreement. You agree that this Agreement and HTC's Online Policies (which are incorporated by reference) comprise the entire understanding between HTC and you, and supersede any prior agreements or correspondence between you and HTC and/or any postings or other notices from HTC with respect to the subject matter of this Agreement.
4. Force Majeure. You agree that HTC is not responsible for delays, damages or failures in performance due to causes beyond HTC's reasonable control, including but not limited to acts of a governmental body; acts of God; acts of third parties; fires; floods; strikes or other labor-related disputes; or an inability to obtain necessary equipment or services.
5. Headings. Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement.
6. Service Interruptions. HTC agrees to make reasonable efforts to provide continuous service to you. You understand and agree that temporary interruptions may occur as normal events in the provision of service. Under no circumstances shall HTC be held liable for any financial or other damages due to such service interruptions.
7. Severability. You agree that, if any portion of this Agreement (including HTC's Online Policies) is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions will remain in full force and effect.
8. Non-Waiver. You agree that HTC’s failure at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies or options or in any way to affect the validity of this Agreement. The exercise by HTC of any rights, remedies or options provided hereunder, or at law or equity, shall not preclude or prejudice HTC from exercising thereafter the same or other rights, remedies or options.
Click here for the DSL Reseller Terms & Conditions
IF YOU HAVE ANY QUESTIONS REGARDING THESE POLICIES, YOU CAN CALL HTC CUSTOMER SERVICE DEPARTMENT AT 618-939-6112.