Question 1

Overall Terms & Services

Accepted Answer

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 Terms of Service 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 Terms of Service, 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.

1. PROHIBITED/ABUSIVE ACTIVITIES

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.

2. CONTENT OF ONLINE MATERIAL

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.

3. PRIVACY OF COMMUNICATIONS

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.

4. ONLINE GOODS AND SERVICES

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.

5. ACCOUNT CHARGES

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 Terms of Service), 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).

6. HTC’S COMPLAINT RESPONSE PROCEDURES

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:

Craig Hern
Harrisonville Telephone Company
213 South Main
P.O. Box 149
Waterloo, Illinois 62298
Telephone: (618) 939-6112
Facsimile: (618) 939-3399
E-mail: CHERN@HTC.net

How to Submit a Complaint:

Form of Complaint – Complaints may be submitted by e-mail (abuse@HTC.net), fax, or mail.

What Information Should be Submitted
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.

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.

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.

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.

Question 2

IP Voice

Accepted Answer

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. 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).

2. 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.

3. 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.

4. Service Outage
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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

Question 3

IPTV

Accepted Answer

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

II. Registration Information

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.
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

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.

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.
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.
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.
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

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.
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.
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.
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.
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.
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.
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

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.
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.
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.

NO WARRANTIES
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.
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.
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

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.
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

Termination. You agree that, notwithstanding anything herein to the contrary, you or HTC may terminate your IPTV Service for any reason at any time.
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.
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

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.
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.
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.
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.
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.
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.
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.
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. 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.

Question 4

Internet Access

Accepted Answer

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

Terms of Service. To make your use of the Access Service as enjoyable as possible, HTC has developed HTC’s Terms of Service, which will continue to be refined and revised over time. You agree to abide by HTC’s Terms of Service 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 Terms of Service 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 Terms of Service); (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 https://www.htc.net/terms-of-service, or on notification to you by email or United States mail.
4. Termination. You agree to review the Agreement (including HTC’s Terms of Service) 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 Terms of Service), 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 Terms of Service) and/or modifications to the services provided under this Agreement or other information about HTC’s services.

II. Registration Information

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

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 Terms of Service. 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 Terms of Service, 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 Terms of Service.
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 Terms of Service 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 30 days or more. In addition HTC reserves the right to remove any email account and/or email account content that has been dormant on the HTC email system longer than 365 days.
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 RESPONSIBLE 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

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 Terms of Service.
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

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 Terms of Service. 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

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

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

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 constitutional 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 Terms of Service (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 Terms of Service) 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.

IF YOU HAVE ANY QUESTIONS REGARDING THESE POLICIES, YOU CAN CALL HTC CUSTOMER SERVICE DEPARTMENT AT (618) 939-1600.

DSL Reseller Terms & Conditions

HARRISONVILLE TELEPHONE COMPANY
DIGITIAL SUBSCRIBER LINE SERVICES

DIGITAL SUBSCRIBER LINES

1 DSL Services

This document contains the Harrisonville Telephone Company (Telephone Company) terms, conditions and rates pertaining to the provision of Digital Subscriber Line Services (DSL). A customer is defined as a purchaser of DSL Service for the purpose of combining this service with its own information service(s) to create a new retail service for sale to its end user customer(s). DSL provides high-speed connections over existing copper facilities which are also used to provision Telephone Company end user customers’ local exchange service. The Telephone Company does not undertake to originate data, but offers the use of its service components, where available, to customers for the purpose of transporting customer-originated data.

2 ADSL Services

(A) Service Description

Asymmetrical Digital Subscriber Line (ADSL) Service is an access data technology service offered, where available, in speed levels from 256 Kbps and faster down and 128 Kbps and faster up. The “up” speeds represent transmission speeds in kilobits or in megabits from the customer designated location (CDL) to the Telephone Company’s ADSL connection point. The “down” speeds represent the transmission speeds in kilobits or in megabits from the Telephone Company’s ADSL connection point to the CDL. The connection point is the aggregation point designated by the Telephone Company for connecting multiple Telephone Company serving wire centers of ADSL termination’s to other network interface services. Other network services may include, but are not limited to, ATM, DS1 and/or DS3 facilities. Telephone Company provided ATM, DS1 and DS3 network interface services may not be available for connection with ASDL Service in all areas.

(B) Service Provisioning

ADSL Service is provisioned over existing Telephone Company copper facilities and transported to the Telephone Company’s backbone network. ADSL Service provides a connection from the customer designated location (CDL) to the ADSL connection point. Access from the Telephone Company’s ADSL connection point will be provided via Special Access and/or ATM where facilities permit.

The Telephone Company will qualify the ADSL Service between the CDL and the serving wire center. The purpose of qualification is to determine the availability and suitability of existing Telephone Company copper facilities to provide the service. The Telephone Company will not provision this service on facilities which are not suitable for ADSL.

ADSL Access Service will be provided over existing Telephone Company facilities. Terms, conditions and rates for ADSL Access Service are in addition to any rates and regulations that apply for the associated local exchange service line provided under the terms and conditions in the Telephone Company’s general and/or local exchange service tariffs.

ADSL will be provided subject to the availability and limitations of Telephone Company wire centers and outside plant facilities and is only available where technical capabilities permit. Downstream data rates depend on a number of factors, including, but not limited to (1) the distance from the CDL to the serving wire center, (2) the type of copper facility (wire gauge) and (3) the physical plant. The Telephone Company does not guarantee data rates in either direction.

(C) Responsibility of the Telephone Company

The Telephone Company will provision and maintain ADSL Service for the customer up to and including the Network Interface Device (NID). The Telephone Company will advise the customer of the equipment necessary to support ADSL Service.

(D) Rights of the Telephone Company

The Telephone Company will not provision ADSL Service if the Telephone Company reasonably determines that (a) it is not technically feasible over existing facilities or (b) it will cause interference problems with existing services.

During the Telephone Company’s network maintenance and software update periods, it may be necessary to place the ADSL wire center out of service. The Telephone Company reserves the right to temporarily interrupt ADSL Service at other times in emergency situations.

(E) Responsibility of the Customer

The customer is responsible for providing compatible customer provided equipment (CPE) that is used for connection to ADSL Service.

The customer is responsible for providing the Telephone Company with the necessary information (e.g., Data Link Connection Identifier(s) (DLCI), Permanent Virtual Circuit (PVC), and/or Internet Protocol (IP)) to provision ADSL Service.

(F) Rates

(1) Rate Elements

A non-recurring charge and a monthly rate apply for the installation of ADSL Service. The non-recurring charge is also applicable when changing bandwidth.

ADSL Service is available in different levels. These levels are based on the downstream and upstream speeds chosen by the customer, but are not guaranteed. A customer may have multiple packages; however, the downstream and upstream speeds may not be substituted within a service level, as the packages are defined by the downstream and upstream speeds.

DSL access service connection service provides for the interconnection of DSL to special access and/or ATM service.

(2) Rate Application

The monthly rate plan option is available to all customers.

The Wholesale rate (WRP) option is available to customers for the purpose of combining these services with its own services to create a bundled retail service sold to its end user customers. Specific provisions apply to customers that purchase service under this option and are specified below.

The following diagram depicts a typical ADSL configuration:

(3) Wholesale Rate Plan (WRP)

The services offered under the DSL Access Services Wholesale Rate Plan (WRP) are provided at wholesale rates to the customer under the conditions listed below.

(a) The customer purchases ADSL and/or SDSL Access Service as described in 1 and 2, preceding, for the purpose of combining these services with its own information service(s) to create a new retail service for sale to its end user customer(s).

(b) In addition to the obligations specified in 2, preceding, the customer assumes the following obligations:

(1) The customer will deal directly with its end user customers with respect to all matters pertaining to the service provided, including marketing, sales, ordering, installation, maintenance, trouble reporting, repair, billing and collections. The customer will not direct its end users to contact the Telephone Company for any aspect of the service the customer provides.

(2) The customer will submit orders for ADSL and/or SDSL Access Service to the Telephone Company in a format and manner designated by the Telephone Company.

(3) The customer will obtain the appropriate authorization to allow the Telephone Company to provision ADSL or SDSL Voice-Data Access Service over the customer’s end user’s existing telephone exchange service line.

When the customer purchases ADSL and/or SDSL Access Service under the DSL Access Services WRP, the rates and charges in 5.(B), following, will apply in lieu of the rates and charges specified in 5.(A) following, for ADSL Access Service.

A monthly charge applies for each ADSL Access Service line covered under the WRP. A nonrecurring charge applies for the installation of each ADSL Access Service line under the WRP. The Telephone Company will bill the customer an Access Order Charge, per order, to convert in-service ADSL Access Service lines originally purchased under the provisions specified in 1 and/or 2, preceding, to the DSL Access Services WRP, provided the customer obtains written authorization from its end users authorizing such conversions, where necessary. Per line nonrecurring charges specified in 5.(B), following, do not apply to conversion of in-service ADSL and/or SDSL Access Lines to a WRP

Symmetric Digital Subscriber Line (SDSL) Access Service provides the customer the ability to transmit data to (upstream rate) and receive data from (downstream rate) a DSL Access Service Connection Point at the same speed using the Telephone Company’s existing local exchange copper facilities. A DSL Access Service Connection Point is an interconnection point designated by the Telephone Company that aggregates data traffic from and to Telephone Company SDSL-equipped Serving Wire Centers (SWCs).

At the DSL Access Service Connection Point, the customer’s SDSL Access Service must be connected to a telecommunications service provider’s customer designated premise using the Telephone Company’s Special Access Services when the Connection Point is located within the Telephone Company’s operating territory. When the Connection Point is located in the operating territory of another telephone company, the customer’s SDSL Access Service must be connected to a telecommunications service provider’s customer designated premises using equivalent access services provided by that telephone company.

(c) SDSL Access Service is available as two service options, i.e., SDSL Voice-Data and SDSL Data-Only.

(1) The SDSL Voice-Data option provides transmission of data signals at a peak data transmission speed of up to 100 Mbps using the Telephone Company’s existing local exchange service line. This option may be used for simultaneous voice and data communications.

(2) The SDSL Data-Only option provides transmission of data signals at peak transmission speeds of up to 100 Mbps using the Telephone Company’s existing local exchange copper facilities. This option does not provide the ability to transmit voice communications.

A generic view of how SDSL Access Service would be interconnected with a telecommunications service provider’s network is depicted in the figure following. In this example, the customer’s SDSL-equipped serving wire center is designated as a DSL Access Service Connection Point. The customer orders SDSL Access Service pursuant to the provisions specified in this section. The SDSL Access Service customer’s telecommunications service provider orders Special Access Service pursuant to the provisions specified in Sections 7 and 12 of the Telephone Company’s interstate access tariff F.C.C. No. 2 (FCC tariff), to connect its customer designated premises to the DSL Access Service Connection Point.

3. SDSL ACCESS SERVICE

3.1 Limitations

SDSL Access Service is available as two service options as described above. Peak speeds are not guaranteed by the Telephone Company due to factors that may affect the actual speeds delivered, including the SDSL Access Service customer’s distance from the Telephone Company Serving Wire Center, condition of the existing copper facilities, and limitations in the telecommunications service provider’s network design.

The Telephone Company does not provide customer premises equipment (CPE) in conjunction with the SDSL Access Service offering.

SDSL Access Service will be furnished where suitable facilities exist as determined by the Telephone Company.

SDSL Access Service will be provided over existing Telephone Company local exchange service facilities. When the customer orders the SDSL Voice-Data option, the terms, conditions and rates for SDSL Access Service are in addition to any rates and regulations that apply for the associated local exchange service line provided under the terms and conditions in the Telephone Company’s general and/or local exchange service tariffs.

Rates and regulations for Special Access Service provided under the Telephone Company’s FCC tariff will apply for the access service(s) provided between the telecommunications service provider’s customer designated premises and the DSL Access Service Connection Point, as described in Section 7 of the Telephone Company’s FCC tariff.

3.2 Undertaking of the Telephone Company

The Telephone Company will provide SDSL Access Service at the rates and charges set forth in 5.(B) as follows:

(A) The Telephone Company will determine if the associated local exchange service line or copper facilities are suitable for use with the SDSL Access Service option ordered by the customer. Service will not be provided on facilities that the Telephone Company determines are not suitable for SDSL Access Service or on facilities that produce interference with other services provided by the Telephone Company.

(B) The Telephone Company, after determining if the facilities are suitable for SDSL Access Service, will notify the customer if the customer’s CPE is compatible with the equipment deployed in the Telephone Company’s Serving Wire Center and if any additional CPE is necessary to support SDSL Access Service.

(C) The Telephone Company will provision and maintain SDSL Access Service from the DSL Connection Point to the Point of Termination at the SDSL Access Service customer’s premises.

3.3 Obligations of the Customer

In addition to the terms and conditions described in other parts of this document, the following provisions apply to SDSL Access Service:

(A) The customer is responsible for providing the Telephone Company with the necessary information to provision SDSL Access Service (e.g., customer name, telephone number and premises address; billing name and address when different from the customer name and premises address; and its Internet Protocol (IP) address).

(B) The customer is responsible for providing and maintaining all required customer provided equipment (CPE), which is compatible with SDSL Access Service.

3.4 Rates

This section contains the terms and conditions governing the rates and charges that apply for SDSL Access Service. Regulations governing the rates and charges for the Special Access provided under the Telephone Company’s FCC tariff used in conjunction with SDSL Access Service are as specified in Sections 7 and 12 of the Telephone Company’s FCC tariff.

(A) Minimum Period

The minimum period for which SDSL Access Service is provided to a customer and for which charges are applicable is one month.

(B) Moves

A move involves a change in the physical location of one of the following:

– The Point of Termination at the SDSL Access Service customer designated premises
– The SDSL Access Service customer designated premises

A nonrecurring charge will not apply to move orders for the SDSL Access Service Voice-Data option.

(C) Rate Categories

There are three types of rates and charges applicable to SDSL Access Service. These are a monthly rate, a nonrecurring charge and a network reconfiguration charge.

The monthly rate applies each month or fraction thereof for each SDSL Voice-Data option and SDSL Data-Only option ordered by the customer.

A nonrecurring charge applies for each SDSL Voice-Data and SDSL Data-Only option ordered by the customer for the installation of SDSL Access Service.

A DSL Network Reconfiguration Charge applies when the SDSL Access Service customer’s telecommunications service provider requests the Telephone Company to modify the Telephone Company’s network to: 1) accommodate a change in the SDSL Access Service customer’s existing IP address or 2) limit the data speed delivered over the customer’s existing SDSL Access Service line. A nonrecurring charge applies for each request per SDSL Access Service line. The Telephone Company will bill the DSL Network Reconfiguration Charge to the SDSL Access Service customer’s telecommunications service provider.

All changes to existing SDSL Access Service (including but not limited to change of service option or change of service level speed), other than changes involving DSL network reconfigurations and administrative activities, will be treated as a discontinuance of the existing service and an installation of a new service. A nonrecurring installation charge will apply per SDSL Access Service line for this work activity.

The following administrative changes will be made without charge to the customer:

– Change of customer premises address when the change of address is not a result of physical relocation of equipment,
– Change in billing data (name, address or contact name or telephone),
– Change of billing account number,
– Change of agency authorization that requires no changes to the Telephone Company’s network,
– Change of customer contact name or telephone number, and
– Change of jurisdiction.

Rates and charges for SDSL Access Service are as set forth in 5.(B) following, when the customer purchases SDSL Access Service under the DSL Access Services Wholesale Rate Plan described in 2(F)(4). The DSL Network Reconfiguration Charge is a nonrecurring charge as specified in 5.(B) following, if applicable.

4 Volume Discount Plans

(A) General

Volume Discount Plans (VDP) provide customers with multiple discounts from the rates for Wholesale Rate Plans (WRP). Volume Discount Plans are available with various volume commitments and term commitments are described below.

(B) Shortfall Liability

(1) 50 – 499 Volume Commitment

The customer purchasing DSL services has the option of a volume commitment for a one (1) year term. If customer selects a volume commitment and does not meet the minimum number of required in service DSL services lines within twelve (12) months, the Customer shall pay a shortfall liability calculated as follows:
Quantity of in service DSL services lines multiplied by $8.

After completion of the one (1) year term commitment, no commitment or term requirements will remain, but until the customer achieves the minimum number of required DSL services lines, in this case 50 lines, the customer shall pay the full WRP rates as shown in Section 5.(B) going forward beyond the 12 month commitment period until the customer has achieved at least fifty (50) DSL services lines in service. When the customer has achieved 50 DSL services lines, the customer will pay the VDP 1 Year 50-499 Lines rates as shown in Section 5.(C) for all DSL lines in service.

(2) 500 – 1999 Volume Commitment

The customer purchasing DSL services has the option of a volume commitment for a one (1) year term. If customer selects a volume commitment and does not meet the minimum number of required in service DSL services lines within twelve (12) months, the customer shall pay a shortfall liability calculated as follows:
Quantity of in service DSL services lines multiplied by $17.

After completion of the one (1) year term commitment, no commitment or term requirements will remain. If the customer has met the commitment, the VDP 1 Year 500-1999 Line rate applies on an ongoing basis. If the customer has not met the commitment, until the customer achieves the minimum number of required DSL services lines, in this case 500 lines, the customer shall pay the full WRP rates as shown in Section 5.(B), or the VDP 1 Year 50-499 Lines rates as shown in Section 5.(C) going forward beyond the 12 month commitment period as applicable depending on the number of lines the customer has.

For example, if a customer has achieved 300 DSL lines in service at the end of the 12 month commitment period, the customer will pay the VDP 1 Year 50-499 Lines rates as shown in Section 5.(C) on all 300 lines.

When the customer has achieved 500 or more DSL services lines, the customer will pay the VDP 1 Year 500-1999 Lines rates as shown in Section 15.(C) on all DSL lines in service.

(3) 2000 or More Volume Commitment

The customer purchasing DSL services has the option of a volume commitment for a four (4) year term. For the purpose of meeting the volume requirement, the customer may aggregate all DSL services lines. At the end of each contract year, the Telephone Company will review the customer’s account to determine if the cumulative number of DSL services lines for that contract year has been met, in accordance with the four (4) term outlined below:

Contract Year 1 – 500-999 lines
Contract Year 2 – 1000-1499 lines
Contract Year 3 – 1500-1999 lines
Contract Year 4 – 2000 or More lines

If the customer selects a four (4) year volume commitment and does not meet the minimum number of required in service DSL services lines as outlined above, at the end of each year, the customer shall pay a shortfall liability calculated as follows: Quantity of in service DSL services lines each contract year ending multiplied by $26.

During the 4 year commitment period, the customer will pay the 2000 or More lines rate. After completion of the 4 year term, no commitment or term requirement will remain. If the customer has met the commitment, the 2000 or More Lines rate applies on an ongoing basis. If the customer has not met the commitment, until the customer achieves the minimum number of required DSL services lines, in this case 2000 lines, the customer shall pay the full WRP rates as shown in Section 5.(B), or the VDP 1 Year 50-499 Lines rates as shown in Section 5.(C), or the VDP 1 Year 500-1999 Lines rates as shown in Section 5.(C) going forward beyond the 4 year commitment period as applicable depending on the number of lines the customer has.

For example, if the customer has achieved 1200 DSL lines in service at the end of the 4 Year commitment period, the customer will pay the VDP 1 Year 500-1999 lines rates as shown in Section 5.(C).on all 1200 lines. When the customer has achieved 2000 or more DSL services lines, the customer will pay the VDP 4 Year 2000 or More Lines rates as shown in Section 5.(C) on all 2000 lines.

(C) Termination Liability

Every DSL services line ordered under the Volume Discount Plans by the customer shall have a minimum term of one year. The customer will be assessed a termination charge for each DSL services line that is terminated by the customer prior to the expiration of the one year term commitment. Termination charges will not apply if the customer terminates DSL services lines within 14 calendar days after the service order is completed. The termination charges shall be the lesser of: 1) $95.00 per DSL services Line; or 2) the aggregate of the remaining monthly charges until the expiration of the one year minimum service period for each DSL services line.

5. DSL Rates and Charges

	Monthly	Non Recurring
(A) DSL Service
DSL Basic Up to 768 Kbps Up/ Up to 15 Mbps Down	$26.31	$95.00
DSL Premium Up to 30 Mbps Up/ Up to 80 Mbps Down	$30.95	$95.00
(B) Wholesale Rate Plan (WRP)
DSL Basic Up to 768 Kbps Up/ Up to 15 Mbps Down	$23.21	$95.00
DSL Premium Up to 30 Mbps Up/ Up to 80 Mbps Down	$27.86	$95.00
SDSL Service
SDSL Premium 10 Up to 10 Mbps Up/ Up to 10 Mbps Down	$255.53	$199.00
SDSL Premium 100 Up to 100 Mbps Up/ Up to 100 Mbps Down	$735.00	$199.00
SDSL Premium 500 Up to 500 Mbps Up/ Up to 500 Mbps Down	$2,205.00	$199.00
(C) Volume Discount Plan (VDP) Service Level – DSL Basic Up to 1 Mbps Up/ Up to 15 Mbps Down
(1) VDP One Year 50-499 Lines	$18.57	$0
(2) VDP One Year 50-1999 Lines	$15.48	$0
(3) VDP Four Year 2000 or More Lines	$12.39	$0
DSL Premium Up to 30 Mbps Up/ Up to 80 Mbps Down
(1) VDP One Year 50-499 Lines	$21.67	$0
(2) VDP One Year 500-1999 Lines	$17.02	$0
(3) VDP Four Year 2000 or More Lines	$12.39	$0
SDSL Premium 10 Up to 10 Mbps Up/ Up to 10 Mbps Down
(1) VDP One Year 50-499 Lines	$21.67	$0
(2) VDP One Year 500-1999 Lines	$17.02	$0
(3) VDP Four Year 2000 or More Lines	$12.39	$0
SDSL Premium 100 Up to 100 Mbps Up/ Up to 100 Mbps Down
(1) VDP One Year 50-499 Lines	$46.61	$0
(2) VDP One Year 500-1999 Lines	$30.02	$0
(3) VDP Four Year 2000 or More Lines	$23.11	$0
SDSL Premium 500 Up to 500 Mbps Up/ Up to 500 Mbps Down
(1) VDP One Year 50-499 Lines	$139.83	$0
(2) VDP One Year 500-1999 Lines	$90.06	$0
(3) VDP Four Year 2000 or More Lines	$69.33	$0
(D) Other Charges
Access Order Charge		$50.00
Network Reconfiguration Charge		$199.00

Question 5

DSL & Wireless Broadband

Accepted Answer

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 100 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 30 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.

Question 6

IPTV Equipment Terms & Service

Accepted Answer

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 https://www.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 $10/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 $8.00 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

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