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:
Harrisonville Telephone Company
213 South Main
P.O. Box 149
Waterloo, Illinois 62298
How to Submit a Complaint:
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.
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.
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.
Please note that any person who knowingly misrepresents to HTC that material is infringing shall be liable to HTC and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by HTC and/or the alleged infringer as a result of HTC’s relying on such misrepresentation and removing or disabling access to such material.
Similarly, any person who knowingly misrepresents to HTC that the material was removed or access blocked by mistake or misidentification shall be liable to HTC and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by HTC and/or the copyright owner or its authorized licensee as a result of HTC’s relying on such misrepresentation and replacing such removed or blocked material.
IF YOU HAVE ANY QUESTIONS REGARDING THESE POLICIES, YOU CAN CALL HTC CUSTOMER SERVICE DEPARTMENT AT 618-939-6112.
Before you begin 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.
(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.
(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.
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.
HTC IPTV Service provides access to information, video, communications, software, photos, graphics, music, sounds, services and other material on the IPTV Service (“Content”). You should be aware there is Content, goods, and services that you may find improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. Such Content may not be appropriate for you or for any minors who may be accessing the service through your account.
Accordingly, HTC cannot be responsible for any conduct, Content, goods, and services available on or through the Service. HTC suggests that concerned parents consider using the parental controls which are listed in the HTC IPTV User’s Guide located at http://www.htc.net/IPTV/HTCIPTV_userguide.pdf. These parental controls are capable of restricting access to sexually explicit material on the IPTV system. However, no parental control system is perfect. Your use of such system is solely at your own risk. HTC makes no warranties or representations as to the accuracy, completeness, or usefulness of any parental control features or service.
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.
IF YOU HAVE ANY QUESTIONS REGARDING THESE POLICIES, YOU CAN CALL HTC CUSTOMER SERVICE DEPARTMENT AT 618-939-6112
Before you begin to access the Internet through HARRISONVILLE TELEPHONE COMPANY (“HTC”), you (“you”, “your”, “yourself”, and/or “subscriber”) must review the following terms and conditions of HTC Internet access service (the “Access Service”). These terms and conditions explain HTC’s obligations to you, and explain your obligations to HTC when you use the Access Service and will constitute a binding contract between you and HTC (the “Agreement”). HTC is providing you with the Access Service in consideration of your agreement to abide by these terms and conditions.
IF YOU HAVE ANY QUESTIONS REGARDING THESE POLICIES, YOU CAN CALL HTC CUSTOMER SERVICE DEPARTMENT AT 618-939-1600.
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.
(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
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.
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.
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
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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
Questions and complaints regarding the foregoing matters should be addressed to the Company’s Internet department at 618-939-6112 or firstname.lastname@example.org.
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.
Thank you for choosing HTC IPTV service. By signing this Equipment Lease, you agree to abide by the following terms and conditions. You wish to lease from HTC and HTC is willing to lease to you, one or more HTC IPTV new or reconditioned Set Top Box (STB) units and remotes, hereinafter collectively referred to as the “IPTV equipment” necessary to access HTC’S IPTV services. The term “equipment” does not include cabling.
THIS IPTV EQUIPMENT LEASE CONTAINS THE TERMS AND CONDITIONS FOR THE LEASE BY HTC OF THE IPTV EQUIPMENT TO YOU BUT MUST BE READ TOGETHER WITH THE HTC IPTV TERMS AND CONDITIONS (A COPY OF WHICH IS PROVIDED TO YOU WITH YOUR SERVICE INSTALLATION AND IS AVAILABLE AT http://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.
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.
For a new HTC IPTV customer, you will be charged a monthly lease fee in the amount of $7 per 2nd and each additional STB leased by you in your household. Applicable taxes will apply. LEASE FEE SUBJECT TO CHANGE AT ANY TIME.
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.
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.).
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).
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