HARRISONVILLE TELEPHONE COMPANY
INTERNET ACCESS AGREEMENT

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.

I. Terms of Internet Access Agreement

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 618-939-1600.
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 or discontinue 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/terms, 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  has a material and adverse effect on  you that HTC fails to negate after you notify us of your objection to it, you may, as your sole and exclusive remedy, terminate this Agreement  without any early termination fee 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, and must be served no later than 60 days after the revision.
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.

II. Registration Information

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.

III. Internet Access Service

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.

IV. Content of Communications

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.

V. Copyright and Other Rights

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.

VI. NO WARRANTIES

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.

VII. Indemnification

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.
VIII. Termination
1. Termination. You agree that, notwithstanding anything herein to the contrary, you or HTC may terminate this Agreement for any reason at any time.  You agree to pay the applicable early termination fee for termination of your service prior to expiration of the committed service term.
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.

IX. Miscellaneous

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.All disputes will be conducted only on an individual basis, and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action, unless both parties to an arbitration specifically agree to do so following initiation of such arbitration.  Each party acknowledges and agrees that its agreement to arbitrate a dispute constitutes an irrevocable waiver of its consistutional right to have such dispute decided in a court of law before a jury.   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 618-939-1600.

 

Harrisonville Telephone Company/HTC Technologies Co.

Broadband Internet Access Services

Network Management Practices, Performance Characteristics, and Commercial Terms and Conditions for Fixed Services

Harrisonville Telephone Company/HTC Technologies Co. (“the Company”) has adopted the following network management practices, performance characteristics, and commercial terms and conditions for its broadband Internet access services in compliance with the Federal Communications Commission’s (“FCC’s) Open Internet Framework requirements (GN Docket No. 09-191 and WC Docket No. 07-52).

These practices, characteristics, terms and conditions are intended to help preserve the Internet as an open framework that enables consumer choice, freedom of expression, end-user control, competition, and freedom to innovate without permission, while permitting the Company to manage its network reasonably.

These practices, characteristics, terms and conditions are effective as of November 20, 2011.

The Company may add, delete, or modify certain practices, performance characteristics, terms and conditions from time to time at its discretion. It will provide clear written notice of these changes on this website, but will not notify customers, content providers, applications providers, service providers or device providers individually of such changes by bill inserts, e-mails, tweets, telephone calls or other direct communications unless specifically required to do so by federal or state authorities. The Company will provide as much advance notice as practicable of such changes. It will normally endeavor to furnish written notice on this website thirty (30) days before changes become effective, but reserves the right to use a shorter notice period when regulatory, operational, technical or other circumstances warrant.

I. Network Management Practices

The Company manages its network with the goal of providing the best practicable broadband Internet experience to all of its customers. Within the scope of its resources, it attempts to deploy and maintain adequate capacity and facilities within its own network, and to acquire sufficient Middle Mile capacity or facilities outside its service area to connect with the Internet. The Company and its staff use their best efforts to monitor, address and minimize (but do not guarantee that they can prevent) the effects of spam, viruses, security attacks, network congestion, and other phenomena that can degrade the service of affected customers.

A. Congestion Management Practices

Congestion is an Internet access service problem that can slow web browsing, downloading, and other activities of the customers during certain peak usage periods. Congestion may be caused by capacity limits and bottlenecks in a service provider’s own network, or by limitations in the capacity of the Middle Mile transport facilities and services that many rural service providers must purchase from unrelated entities to carry the traffic of their customers between their service areas and the closest Internet nodes.

As of October 2011, the Company has experienced rare problems with congestion.

If significant congestion problems arise in the future, the Company’s most desired approach is to determine the source of the problem, and to increase the capacity of the affected portions of its network and/or of its Middle Mile routes where warranted. However, network and Middle Mile upgrades often cannot be accomplished instantaneously because they require negotiations, authorizations and agreements with multiple unrelated entities such as lenders, government agencies, equipment vendors, property owners and other carriers.

B. Application-Specific Behavior Practices

The Company does not favor or inhibit certain applications or classes of applications. Customers may use any lawful and commercially available application which they desire on the Company’s network.

The Company does not normally monitor the contents of the traffic or applications of its customers. It undertakes no obligation to monitor or investigate the lawfulness of the applications used by its customers. If any party contacts the Company with a substantial allegation that an application being used by a customer is unlawful, the Company will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of applications that are demonstrated to be unlawful.

Customers may occasionally develop their own applications, or modify commercially available applications. The Company will not prohibit the use of customer-developed or modified applications unless there is a reasonable belief that such applications will cause harm to its network.

The Company does not block or rate-control specific protocols or protocol ports.

The Company does not modify protocol fields in ways that are not prescribed by the applicable protocol standards.

C. Device Attachment Rules

The Company does not have any approval procedures that must be satisfied before a device can be connected to its network. Customers may use any lawful, compatible, type-accepted (if necessary) and commercially available device which they desire on the Company’s network, as long as such device does not harm the network.

The Company does not normally monitor the devices used by its customers. It warns customers that some types of devices (for example, Data Over Cable Service Interface Specification (‘DOCSIS’) devices intended for use on cable broadband networks) may not be compatible with its fiber optic and digital subscriber line (“DSL”) or point-to-point fixed wireless (“wireless”) network.

The Company undertakes no obligation to monitor or investigate the lawfulness of the devices used by its customers. If any party contacts the Company with a substantial allegation that a device being used by a customer is unlawful, the Company will investigate the matter (including consultation, as it deems appropriate, with attorneys, consultants, federal or state regulators, and/or federal, state or local law enforcement agencies), and will take appropriate actions to deal with the use of a device that is demonstrated to be unlawful.

Customers may occasionally develop their own devices, or modify commercially available devices. The Company will not prohibit the use of lawful customer-developed or modified devices unless there is a reasonable belief that such devices will cause harm to its network.

D. Security Practices

The Company does not normally monitor the traffic of its customers. It undertakes no obligation to monitor or protect such customer traffic from spam, viruses, denial-of-service attacks, or other malicious, unlawful or unwanted activities.

The Company recognizes that customers can purchase spam filtering and anti-virus software from commercial vendors to meet their needs. The Company may from time to time offer anti-spam and/or anti-virus software or services to customers who desire to purchase them from the Company. When offered, these software or services will be described and priced in other sections of this website and in the Company’s sales and marketing materials. Customers are free to obtain anti-spam and/or anti-virus software or services from any source they desire, as long as such software or services do not disrupt or degrade the traffic of other customers of the Company or harm the network.

A customer that is subjected to a denial-of-service attack, or similar malicious, unlawful or unwanted activity, is urged to notify the Company as soon as possible. The Company will work with the customer, other service providers, federal and state regulators, and/or law enforcement to determine the source of such activity, and to take appropriate, and technically and economically reasonable efforts to address the matter.

The Company employs commercially appropriate security procedures to protect its network and its customer records from unauthorized access by third parties. The Company does not guarantee that it can protect customers from any and/or all security breaches.

E. Traffic Blocking

The Company does not block any lawful content, applications, devices, and/or non-harmful devices.

The only potential exceptions where blocking may occur entail the unlawful or harmful circumstances set forth in Sections I.A through I.D above. The Company believes that all such circumstances constitute reasonable network management practices.

The Company does not knowingly and intentionally impair, degrade or delay the traffic on its network so as to render effectively unusable certain content, applications, services and/or non-harmful devices. However, the Company notes that congestion may from time to time impair, degrade, or delay some traffic.

The Company does not charge edge service providers of content, applications, services and/or devices any fees simply for transporting traffic between them and its customers.

II. Performance Characteristics

Many of the service and performance characteristics of the Company’s broadband Internet access services are contained in the service offering portions of this website. The Company offers different tiers of service at different prices, and changes these from time to time.

A. General Service Description

The Company uses a hybrid fiber optic and copper digital subscriber line (“DSL”) network that reaches approximately 95 percent of the potential customers in its rural service area, and a point-to-point fixed wireless (“wireless”) network that utilizes both licensed and unlicensed spectrum to reach customers in several communities surrounding the rural service area of Harrisonville Telephone Company. The expected access speeds in the DSL portions of the network range from 1.5 megabits per second (“Mbps”) to 50 Mbps, depending upon the actual lengths of the respective fiber trunks and copper lines. The expected access speeds in the wireless network range from 384 Kbps to 3 Mbps, depending upon the distance to access points.

Actual access speeds and time delays (latency) are impacted by the length, capacity and congestion of Middle Mile transport facilities (between the Company’s service area and Internet nodes) as well as the characteristic of the Company’s own network. Because conditions on these facilities and routes can change frequently, the Company can provide estimated actual access speed and latency information only for specific recent time periods requested by a customer.

The Company’s DSL and higher speed wireless service is suitable for real-time applications.

B. Impact of Specialized Services

The Company offers IP video service to DSL end-users.

As of November 2011, this specialized service has not adversely affected the last-mile capacity available for the Company’s broadband Internet access services, or the performance of such services. Customer should note that significantly heavier use of specialized services (particularly IP video services) may impact the available capacity for and/or the performance of its broadband Internet access services. The Company will monitor this situation, and appreciates feedback from its customers.

C. Impact of Middle Mile Capacity Constraints

The Company must purchase Middle Mile capacity and/or services from other entities for routes approximately 15-40 miles long between the Company’s service area and the closest Internet nodes.

The Company has no ownership interest in its Middle Mile provider. The Company cannot guarantee that it will be able to obtain additional Middle Mile capacity at commercially reasonable prices if and when needs for additional Middle Mile capacity arise.

III. Commercial Terms and Conditions

The commercial terms and conditions of the Company’s broadband Internet access services are contained in greater detail in the Privacy Policy/Terms of Use/Internet Access Agreement portions of this website. This section provides a brief overview or reference to terms and conditions detailed elsewhere, plus discussions of other terms and conditions required by the FCC’s Open Internet Framework.

A. Pricing Terms and Conditions

The Company offers different tiers and levels of service at different prices, and changes these from time to time. These service tiers and prices are detailed in the service offering portion of this website.

The Company does not impose usage-based fees upon certain tiers or levels of its service. The Company does impose fees for early termination with respect to certain of its service arrangements. These early termination fees are imposed upon the service arrangements specifically identified in the Privacy Policy/Terms of Use/Internet Access Agreement portions of this website in the manner and under the conditions set forth therein.

The Company assesses fees for additional network services as indicated at www.htc.net/webhosting/. In addition, the Company is willing to consider and negotiate prices for customized additional network services requested by specific customers or edge service providers if such services can be designed, developed and furnished in a commercially reasonable manner. If and when such customized services are developed and furnished, the Company reserves the right to adapt and provide them to other customers on a non-discriminatory basis so long as such subsequent provision does not entail disclosure of proprietary or confidential information of the initial customer.

B. No Unreasonable Discrimination

The Company does not unreasonably discriminate in its transmission of traffic over the broadband Internet access services of its customers. It endeavors to give its customers as much choice and control as practicable among its different service offerings and among the content, application, service and device offerings of edge service providers. When reasonable network management practices entail differential treatment of traffic, the Company does not discriminate among specific uses, or classes of uses, of its network.

The Company does not impair, degrade or delay VoIP applications or services that compete with its voice services and those of its affiliates.

The Company does not impair, degrade, delay or otherwise inhibit access by its customers to lawful content, applications, services or non-harmful devices.

The Company does not impair free expression by actions such as slowing traffic from particular websites or blogs.

The Company does not use or demand “pay-for-priority” or similar arrangements that directly or indirectly favor some traffic over other traffic.

The Company does not prioritize its own content, application, services, or devices, or those of its affiliates.

C. Privacy Policies

As indicated above, the Company’s network management practices do not generally entail inspection of network traffic.

The Company retains and stores certain traffic information (such as the identity of the customer using a particular IP address during a specific period) for time periods required by federal or state law.

The Company retains, stores and provides to law enforcement any traffic information requested pursuant to the procedures of the Communications Assistance for Law Enforcement Act (“CALEA”), the Foreign Intelligence Surveillance Act (“FISA”) or other applicable national security or criminal statutes.

The Company does not collect, store or use traffic information to profile its customers in order to sell additional services to them, or for similar non-network management purposes

D. Redress Options

Questions and complaints regarding the foregoing matters should be addressed to the Company’s internet department at 618-939-6112 or info@htc.net.

The Company strongly desires to resolve questions, complaints and other problems of its customers and edge service providers in an informal and direct manner that satisfies all interested parties to the greatest extent practicable.

Customers and edge service providers that are not able to obtain satisfaction from the Company have the option of invoking the FCC’s informal and formal complaint procedures regarding Open Internet Framework disputes.

Standard Terms & Conditions

Before you begin watching IPTV through HTC.

HTC Communications Co. (HTC), you (“you”, “your”, “yourself”, and/or “subscriber”) must review the following terms and conditions of HTC IPTV service (“Service”). These terms and conditions explain HTC’s obligations to you, and explain your obligations to HTC when you use the service and will constitute a binding contract between you and HTC (the “Terms & Conditions”). HTC is providing you with the service in consideration of your agreement to abide by these Terms and Conditions.

I. Terms of IPTV Terms & Conditions

1. Account Charges. Current account charges, including billing methods, rates, and surcharges for using the Service, may be obtained by calling HTC Customer Service at 618-939-6112.

2. Revisions. You agree that HTC may: (a) revise these Terms and Conditions; (b) revise its billing rates and account surcharges; and (c) modify the services provided under these Terms & Conditions at any time. Any such revisions and modifications shall be binding and effective immediately on posting the revised Terms & Conditions on HTC home page at http://htc.net/, or on notification to you by email or United States mail. Subscriber is responsible for viewing revisions.

3. Termination. You agree to review the Terms & Conditions periodically to be aware of any such revisions. If any revision to these Terms & Conditions is unacceptable to you, you may terminate your IPTV Service 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.

4. Acceptance of Revisions. You agree that, by continuing to use the Service following notice of any revision to the Terms & Conditions, you accept any such revisions and agree to abide by any such revisions.

II. Registration Information

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, 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 Service and your account may be terminated immediately.

2. Eligibility. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU HAVE READ AND ACCEPT THESE TERMS & CONDITIONS.

III. HTC IPTV Service

1. Provided Services. HTC IPTV Service will provide you with:

(a) Program Choices. You must subscribe to a base package in order to receive additional Services such as premium movie channels, VOD services or sports subscriptions. All programming selections have their own rates, terms and conditions. Information about programming can be found at http://htc.net/ or by calling 618-939-6112.

(b) Ordering Video On Demand. You may order Video On Demand Services by using your on-screen guide and remote control. VOD purchases may not be available for recording.

(c) Subscriber Programming Changes. You may change your programming selection by notifying us. A fee may apply to such changes. Some programming may be purchased in minimum blocks of one month or multiples of one month.

(d) HTC Programming Changes. Many factors affect the availability, cost and quality of programming and may influence the decision to raise prices and the amount of any increase. These include, among others, programming and other costs, consumer demand, market and changing business conditions. Accordingly, we must reserve the unrestricted right to change, rearrange, add or delete our programming packages, the selections in those packages, our prices, and any other Service we offer, at any time. We will endeavor to notify you of any change that is within our reasonable control and its effective date. In most cases, this notice will be approximately 30 days in advance. You always have the right to cancel your Service, in whole or in part, if you do not accept the change. If you cancel your Service, a deactivation fee or other charges may apply. Credits, if any, will be posted to your account. If you do not cancel, your continued receipt of our Service will constitute acceptance and agreement to pay account charges.

(e) Private Viewing. We provide Service only for your private non-commercial use, enjoyment and home viewing. The programming may not be viewed in areas open to the public or in commercial establishments. You may not rebroadcast, transmit or perform the programming, charge admission for its viewing or transmit or distribute running accounts of it.

(f) Blackouts. Certain programming, including sports events, may be blacked out in your local reception area. Blackout restrictions are decided by the sports leagues and the other entities that own the local broadcast rights. If you circumvent or attempt to circumvent any of these blackouts, you may be subject to legal action.

(g) Loss of IPTV Equipment. You should notify us immediately if your set top box or remote control (referred to collectively as "IPTV Equipment") is lost or stolen. If you notify us within 5 days, we will not charge you for unauthorized use. In any case, we will not charge you for unauthorized use occurring after we receive your notice. For leased IPTV Equipment, non-return fees as specified in the Equipment Lease Addendum will apply.

(h) Transfer of IPTV Equipment. Leased IPTV Equipment may not be transferred.

(i) Your Viewing Restrictions. It is your responsibility to impose any viewing restrictions on other family members or guests, as you think appropriate. We are not responsible to you or anyone else based on the content of our programming. Please review the HTC IPTV User's guide or visit http://htc.net/ for information on parental controls, locks and limits and password protection on your account.

(j) Change of Address. You must notify us immediately of any change in your name, mailing address, residence address or telephone number.

2. Termination for Violations. You agree that HTC retains the right, but not the obligation, to restrict or terminate your Service at any time, if HTC, in its sole discretion, determines that you are in violation of these Terms & Conditions. You agree that, if HTC determines that you are in violation of these Terms & Conditions, any restriction or termination of your 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 Service pursuant to such violation.

3. Termination Forfeitures. YOU AGREE THAT IF HTC TERMINATES YOUR ACCOUNT AS A RESULT OF YOUR VIOLATION OF THESE TERMS & CONDITIONS, 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. HTC reserves the right to refuse the application or reapplication of any subscriber 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.

4. Prevention of Terms & Conditions 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 these Terms & Conditions.

5. No Liability. By using the 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 Service.

IV. ACCOUNT CHARGES

1. Account Charges. Your monthly account charges are payable in advance. If you terminate your account, you may be eligible to receive a prorated refund on your account. In addition, if you terminate your account, you may be subject to any programming cancellation fees and/or returned equipment fees as outlined in the IPTV Equipment Lease Terms & Conditions. However, if your account is terminated by HTC because of violations of HTC's Terms & Conditions agreed to by the parties, you will not be entitled to a prorated refund, such forfeiture being agreed to by you and HTC as liquidated damages and not as a penalty.

2. 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. Please be advised that the contact person or listed owner of the HTC IPTV Service is solely responsible for activities conducted through, on or with their HTC IPTV Service, 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 IPTV Terms & Conditions, your account may be terminated.

3. 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 Service charges that accrue from month to month. You authorize HTC to charge your designated credit card account each time you use the 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.

4. Billing Cycle. Billing will begin on the date you purchase the Service. Subsequent billing will begin on one of the three standard HTC monthly billing cycles. Billing cycle is determined by Service start date and/or service location. 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 Service start date and actual standard HTC monthly billing cycle. Based on the Service start date and actual standard HTC monthly billing cycle, first billing period may exceed one monthly period.

5. 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 the succeeding billing cycle. Your account will be considered to be in default if payment of your account charges is not received within twenty (20) 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 Service interrupted or terminated.

6. 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 remain liable for any unpaid balance on your account. Only your written request to terminate your account will relieve you of your obligation to pay your monthly account charges.

7. Default. You agree that an interest rate of 1.5% compounded monthly or $5 whichever is greater, 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).

V. Copyright and Other Rights

1. Accessible Content. The 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 Service any material (including, without limitation, and Content to which you have access through the 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 these Terms & Conditions, 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 SERVICE IF YOU REPEATEDLY ENGAGE IN COPYRIGHT, PATENT, OR TRADEMARK INFRINGEMENT OR OTHER VIOLATIONS OF THE RIGHTS OF THIRD PARTIES.

VI. NO WARRANTIES

1. No Warranty. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HTC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. HTC MAKES NO EXPRESS WARRANTIES AND SUBSCRIBER 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. NO ADVICE OR INFORMATION GIVEN BY HTC OR 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 SERVICE 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 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 SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS, DAMAGE OR LIABILITY RELATING TO: (A) THE NEGLIGENT ACTS AND/OR OMISSIONS OF HTC OR HTC SUBSCRIBERS; (B) ANY DEFECTS, FAILURES, ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION, GOODS, OR SERVICES OBTAINED ON OR THROUGH THE SERVICE, AND; (C) 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 theseTerms 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 Service.

VII. Indemnification

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 your breach of the Terms & Conditions in any manner.

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 1 of this section. In such event, you shall have no further obligations pursuant to Paragraph 1 of this section.

VIII. Termination

1. Termination. You agree that, notwithstanding anything herein to the contrary, you or HTC may terminate your IPTV Service 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 Service, (b) any Content available on or through the Service or change therein, or (c) amount or type of fees or billing methods, or change therein, is to terminate the Service as set forth in Paragraph 1 of this section.

3. ID Modification. Only the person whose name is on the account shall have the right to change the password(s)/PINs for the account, and/or cancel an existing account. Some restrictions may apply to your selection of password(s)/PINs.

IX. Miscellaneous

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 these Terms & Conditions 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 Terms & Conditions 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 Terms & Conditions. You agree that these Terms & Conditions 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 these Terms & Conditions.

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 these Terms & Conditions 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 these Terms & Conditions.

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 these Terms & Conditions 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 these Terms & Conditions 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 these Terms & Conditions. 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.

HTC's dedication to customer service means that HTC strives to maintain an IPTV Service ("Service") that provides HTC customers with an enjoyable video experience.

As explained in your subscriber agreement, your use of HTC IPTV 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.

X. CONTENT OF MATERIAL

HTC IPTV Service provides access to information, video, communications, software, photos, graphics, music, sounds, services and other material on the IPTV Service ("Content"). You should be aware there is 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 service through your account.

Accordingly, HTC cannot be responsible for any conduct, Content, goods, and services available on or through the Service. HTC suggests that concerned parents consider using the parental controls which are listed in the HTC IPTV User’s Guide located at http://www.htc.net/IPTV/HTCIPTV_userguide.pdf. These parental controls are capable of restricting access to sexually explicit material on the IPTV system. However, no parental control system is perfect. Your use of such system is solely at your own risk. HTC makes no warranties or representations as to the accuracy, completeness, or usefulness of any parental control features or service.

XI. PRIVACY OF COMMUNICATIONS

HTC intends to respect its subscribers' privacy and will not randomly monitor or disclose the contents of customers viewing habits. However, you agree that HTC has the right, but not the obligation, to monitor or disclose the contents of private communication and viewing habits, 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.

IF YOU HAVE ANY QUESTIONS REGARDING THESE POLICIES, YOU CAN CALL HTC CUSTOMER SERVICE DEPARTMENT AT 618-939-6112.

*Six months free disclaimer

HTC COMMUNICATIONS CO IPTV EQUIPMENT LEASE

Thank you for choosing HTC IPTV service. By signing this Equipment Lease, you agree to abide by the following terms and conditions. You wish to lease from HTC and HTC is willing to lease to you, one or more HTC IPTV new or reconditioned Set Top Box (STB) units and remotes, hereinafter collectively referred to as the "IPTV equipment" necessary to access HTC'S IPTV services. The term "equipment" does not include cabling.

THIS IPTV EQUIPMENT LEASE CONTAINS THE TERMS AND CONDITIONS FOR THE LEASE BY HTC OF THE IPTV EQUIPMENT TO YOU BUT MUST BE READ TOGETHER WITH THE HTC IPTV TERMS AND CONDITIONS (A COPY OF WHICH IS PROVIDED TO YOU WITH YOUR SERVICE INSTALLATION AND IS AVAILABLE AT http://iptv.htc.net/) FOR ALL OF THE TERMS AND CONDITIONS REGARDING THE PROVISION OF THE SERVICES AND YOUR RIGHT TO USE THE IPTV EQUIPMENT. YOU UNDERSTAND AND AGREE THAT YOU HAVE NOT PURCHASED THE IPTV EQUIPMENT, YOU DO NOT OWN THE IPTV EQUIPMENT AND THE IPTV EQUIPMENT MUST BE USED AND RETURNED TO HTC STRICTLY IN ACCORDANCE WITH THE TERMS OF THIS EQUIPMENT LEASE AND THE FOLLOWING HTC TERMS AND CONDITIONS.

PROGRAMMING AGREEMENT:

Within 30 days of provisioning the HTC IPTV equipment to you, or on the date that the professional installer has installed or is prepared to install your HTC IPTV equipment, whichever is sooner, you agree to activate each and every IPTV STB ordered by you or provided to you with any HTC IPTV base programming package (valued at $29.95 per mo. or higher, DVR service fee $7/mo. required for DVR leases, HD Basic fee $10/mo. required for HD STB leases, and both DVR service and HD Basic fee payment required for HD DVR leases). HTC IPTV SERVICE PROGRAMMING AND PRICING SUBJECT TO CHANGE AT ANY TIME.

For a new HTC IPTV customer, the programming package(s) must be maintained for a period of not less than twelve (12) consecutive months. For a current HTC IPTV customer, the programming package(s) must be maintained for a period of not less than (a) twelve (12) consecutive months for accounts with only standard STB(s) or (b) twelve (12) consecutive months for accounts with advanced STB(s). After you have fulfilled your agreement to the required programming package(s), you are not obligated to continue your subscription to HTC IPTV service for any specific duration. Current HTC IPTV customers may activate additional STB units with their existing HTC IPTV programming package.

MONTHLY LEASE FEE:

For a new HTC IPTV customer, you will be charged a monthly lease fee in the amount of $6 per 2nd and each additional STB leased by you in your household. Applicable taxes will apply. LEASE FEE SUBJECT TO CHANGE AT ANY TIME.

CARE OF EQUIPMENT:

You are responsible for the loss of or any damage to the HTC IPTV equipment that you have leased from HTC. You shall have no right to sell, give away, transfer, pledge, mortgage, remove, relocate, alter or tamper with the HTC IPTV equipment at any time. HTC PROVIDES YOU THE HTC IPTV EQUIPMENT AS IS AND MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING THE HTC IPTV EQUIPMENT PROVIDED TO YOU. ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED. HTC IS NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE HTC IPTV EQUIPMENT PROVIDED TO YOU. In the event the IPTV equipment you have leased from HTC does not operate, contact HTC at 618-939-6112.

CONSEQUENCES OF YOUR FAILURE TO ACTIVATE PROGRAMMING OR SATISFY YOUR PROGRAMMING TERMS AND CONDITIONS:

If you fail to activate all of your HTC IPTV equipment in accordance with this Equipment Lease, you agree that HTC may charge you a fee, as liquidated damages, of $150 for each STB that is not activated. For a new HTC IPTV customer, if you fail to maintain your minimum programming of 12 months, you agree that HTC may charge you a prorated fee of $200 for standard STB units and up to $250 for advanced products/STB units. For a current HTC IPTV customer, if you fail to maintain your minimum programming agreement, you agree that HTC may charge you a prorated fee of $200 for standard STB units and up to $250 for advanced products/STB units (e.g., DVR, HD, HD DVR, etc.).

RETURN OF HTC IPTV EQUIPMENT:

If you disconnect/cancel/terminate service on some or all of your leased HTC IPTV equipment for any reason (to replace or upgrade equipment, or to cease being a HTC IPTV customer either voluntarily or involuntarily), or if you decide to disconnect/cancel/terminate your DVR service or HD Basic (if you are leasing DVR and/or HD equipment), you must call HTC to obtain information to arrange for pick up or delivery of all your HTC IPTV equipment to HTC. The term "equipment" does not include cabling. You acknowledge that the HTC IPTV equipment belongs to HTC and the HTC IPTV equipment must be returned to HTC in good working order, normal wear and tear excepted. You agree that HTC will assess the following fees, that you are responsible for paying, in the event you fail to return leased equipment or return equipment in a damaged condition: $75 per each HTC IPTV standard STB; $200 for each HTC IPTV DVR STB; $100 for each HTC IPTV HD STB; or $200 for each HTC IPTV HD DVR STB as compensation for a portion of the expenses incurred by HTC in establishing your account and providing you the HTC IPTV equipment for your use. You may avoid paying such fees by returning the leased equipment, in good working order, within 21 days of disconnection/cancellation/termination of applicable service (including DVR service and HD Basic fee).

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.

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.

*Six months free disclaimer

HTC IP VOICE TERMS & CONDITIONS

These Terms & Conditions constitute the agreement ("Agreement") between HTC ("we," "us" or "HTC") and the user ("you," "user" or "Customer") of HTC's enhanced IP Voice Residential communications services or IP Voice Hosted PBX/IP Centrex communications services and any related products or services ("Service").  This Agreement governs both the Service and any devices, such as an IP phone, Analog Telephone Adapter or any other IP connection device, ("Device" or "Equipment") used in conjunction with the Service.  By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. 

1.4 Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by HTC

You acknowledge and understand that the Service does not function in the event of a power failure.  You also acknowledge and understand that the Service requires a fully functional DSL connection to the Internet and that, accordingly, in the event of an outage of, or termination of DSL service, the Service will not function, but that you will continue to be billed for the Service unless and until you or HTC terminate the Service in accordance with this Agreement.  Should there be an interruption in the power supply or a DSL outage, the Service will not function until power is restored or the DSL outage is cured.  A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service.  Power disruptions or DSL outages will also prevent dialing to emergency service numbers including the E911 calling feature.  Should HTC suspend or terminate your Service, the Service will not function until such time as HTC restores your Service (which may require payment of all past due billing and reconnection fees owed by you or cure of any breach by you of this Agreement).

1.6 Tampering with the Device or Service

You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from HTC in each instance which HTC may deny in its sole discretion.  HTC reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable.  You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.

1.7 Theft of Service

You agree to notify HTC immediately, in writing or by calling the HTC customer support line, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used.  When you call or write, you must provide your telephone number and a detailed description of the circumstances of the Device theft or fraudulent use of Service.  Failure to do so in a timely manner may result in the termination of your Service and additional charges to you.  Until such time as HTC receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.

2.3 Service Outage

2.3.1 Power Failure or Disruption.  You acknowledge and understand that E911 dialing does not function in the event of a power failure or disruption.  Should there be an interruption in the power supply, the Service and E911 dialing will not function until power is restored.  A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service or E911 dialing. 

2.3.2 Broadband Service Outage or Termination / Suspension or Termination by HTC

You acknowledge and understand that service outages or suspension or termination of your broadband service will prevent ALL Service including 911 dialing.

2.3.3 Service Outage Due to Suspension of Your Account

You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911dialing.

2.3.4 Other Service Outages

You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing.  Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement. 

2.3.5 Limitation of Liability and Indemnification

You acknowledge and understand that HTC's liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document.  You agree to defend, indemnify, and hold harmless HTC, its officers, directors, employees, affiliates and agents in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of the Service, including E911 dialing and/or inability of Customer or any third person or party or user of Customer's Service to be able to dial E911 or to access emergency service personnel.

4.4 Termination/Discontinuance of Service

HTC reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion.  If HTC discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges.  If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of HTC or of a third party provider to which HTC is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges.

4.5 Taxes

You are responsible for, and shall pay, any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device.  Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement.  If you are exempt from payment of such taxes, you shall provide HTC with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status.  Tax exemption will only apply from and after the date HTC receives such certificate.

5. WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION

5.1 Limitation of Liability

HTC shall not be liable for any delay or failure to provide the Service, including E911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
1.) act or omission of an underlying carrier, service provider, vendor or other third party;
2.) equipment, network or facility failure;
3.) equipment, network or facility upgrade or modification;
4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5.) equipment, network or facility shortage;
6.) equipment or facility relocation;
7.) service, equipment, network or facility failure caused by the loss of power to Customer;
8) outage of DSL broadband service provider;
9) act or omission of Customer or any person using the Service or Device provided to Customer; or
10) any other cause that is beyond HTC's control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications (including without limitation E911 dialing) to  be connected or completed, , or degradation of voice quality. 
HTC's aggregate liability for (i) any failure or mistake; (ii) any claim with respect to HTC’s performance or nonperformance hereunder or (iii) any HTC act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.

5.2 Disclaimer of Damages

IN NO EVENT SHALL HTC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL E911 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE.  THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT HTC WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

5.3 Indemnification

Customer agrees to defend, indemnify, and hold harmless HTC, its officers, directors, employees, affiliates and agents in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys’ fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services, including E911dialing, or the Device.  This paragraph shall survive termination of this Agreement.

5.4 No Warranties on Service

HTC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS.  WITHOUT LIMITING THE FOREGOING, HTC DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION.  NEITHER HTC NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO HTC'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF HTC'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE.  STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY HTC OR HTC'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

5.5 No Warranties, or Limited Warranties, for Devices

If Customer received the Device new from HTC and the Device included a limited warranty at the time of receipt, Customer must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties.  Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation.  If Customer's Device did not include a limited warranty from HTC at the time of receipt, Customer agrees that it accepts its Device "as is" and that Customer is not entitled to replacement or refund in the event of any defect, except that for Retail Customers only, HTC will provide a limited warranty on the Device as to manufacturing defects only for a period of one (1) year from the date of purchase.  This Retail Customer limited warranty shall not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, shall not apply to any defect caused by damage in transit, retailer handling or Retail Customer handling.  Retail Customer’s sole remedy for any breach of this Retail Customer limited warranty is to obtain a repaired or replacement Device, by following the return procedures set forth in Section 1.8.  Retail Customer must include with the returned Device a letter stating that the Retail Customer is returning the Device for warranty repair or replacement and stating the nature of the defect.  This Retail Customer limited warranty shall also apply in lieu of the limited warranty included with the Device if such included limited warranty is less favorable to Retail Customer than that contained herein.  OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, HTC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE, DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER’S REQUIREMENTS.  THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.  DEVICE WARRANTIES DO NOT APPLY TO BUSINESS PLUS CUSTOMERS.

5.6 No Third Party Beneficiaries

No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

 

100% Local Service

Customer service hours:

Mon.- Fri. 7 a.m. to 9 p.m.
Saturday 8 a.m. to 4:30 p.m.
E-mail Customer Service

HTC Corporate Office

  • (618) 939-6112
  • (888) 482-8353

For the hearing impaired, call:

  • (618) 939-5900
    (TYY Only)