1. Customer
agrees and understands that the only warranty or guarantee made concerning the
fitness, quality, design, condition, capacity, suitability, reliability, or performance
of any hardware or software sold or provided to customer by Central
Texas Communications (CTC)is made by the manufacturer of said product and set such
product. CTC shall not be liable in any event for loss of use, profit,
revenue, consequential damage, or any claim for damage resulting from the use
of purchased hardware, use of the Internet and software, or interruption of
such service for any cause. The liability of CTC for any cause shall never exceed the actual amount paid CTC by the customer.
2. Customer
agrees and understands that CTC and
Agents have no control of information and services provided through the
Internet and the customer hereby expressly releases, holds harmless and agrees
to indemnify CTC and Agents from any and
every claim which might be made by any person by virtue of customer's access to
and use of the Internet.
3. Customer
agrees and understands that the Internet is unrestricted and uncensored, and
that certain material may be distasteful, and/or unsuitable for children. Customer
agrees and understands that CTC has no
control over other Internet sites and
that it is the customer's sole responsibility to prevent viewing of
inappropriate material by children.
4. By executing
this agreement and/or using the system, the customer expressly agrees to abide
by all system rules as published from time to time by CTC. Customer hereby acknowledges receipt of a current
copy of the system rules in effect at the time of activation. System rules may
be modified at any time by CTC, with such changes to be published on the CTC Home Page. Customer agrees to accept CTC's
interpretation of all system rules.
5. CTC agrees to
use its best reasonable efforts to keep all electronic mail (email) messages
private and confidential, and agrees that the customer is the sole owner of any
email messages posted by customer to the system. In the event CTC reasonably
believes customer is violating system rules,
CTC may review customer's email. If it is determined that a violation has
occurred, CTC may exercise the remedies provided in Section 6 of this
agreement. Customer acknowledges and agrees that the recipients of email are
under no obligation to keep it confidential, and that in the event
governmental authorities investigate or seize the system, customer email may be
reviewed.
6. If CTC has reason to believe customer is in violation of any
system rules, or is conducting any activities we believe harmful to CTC, the system, or other users, customer expressly
agrees that CTC may exercise any or all
of the following remedies:
a. CTC may immediately
terminate customer's access to the system, and shall have no obligation to
return e-mail or other files stored on the system.
b. CTC may report the
matter to the proper authorities and fully cooperate any official investigation.
c. CTC may exercise any
other right, remedy, or action which is appropriate in view of the nature of
the violation of system rules or other harmful activity.
7. Customer agrees
to pay for all services used in a timely manner, in accordance with CTC's billing policies. Customer agrees and understands
that base service is billed one month in advance, and that any overages are
billed on month arrears.
8. Customer recognizes and acknowledges that any software
provided by CTC for access to the system
is copyrighted material, and that customer may not sell, give, transfer, or
copy said software without the express written permission of the copyright
holder and CTC.
9. Customer acknowledges and agrees that any passwords
issued by CTC for system access are for
the sole use of customer, and that customer may not allow others to use his/her
password to access the system. Violation
of this article shall be cause for immediate termination of service.
10. Customer
may not resell any services purchased from CTC without the express written consent of CTC.
11. Customer
agrees to all terms and conditions in the above application for CTC service.
12. Customer hereby agrees and consents to the obtainment by CTC of any and all
personal credit and/or financial information and does hereby agree and consent
to CTC's use thereof for the purposes of waiving any security
deposit or determining whether or not service to customer should be initiated
or continued. Customer agrees to indemnify, hold harmless, and release CTC from any claim made as a result of the use and/or
obtainment of such information. CTC
reserves the right to charge a security deposit.
13. Customer
agrees he/she has read and agrees to all the terms and conditions shown on both
the front and reverse side of this application for service.
14.
Acceptance of this application is at CTC's sole discretion and shall be
evidenced by its duly authorized signature in the space provide here on.
15. Upon acceptance by CTC, this Customer Service Agreement and any exhibits,
riders, amendments, or supplements attached here to shall constitute the entire
Agreement between Customer and CTC, and
shall supersede any prior or contemporaneous understandings or written or oral
agreements between the parties and respecting the within subject matter.
16. Customer assents to any terms and conditions of this
agreement which are additional or are different from those proposed either
orally or in writing by customer.
17. At the sole discretion of CTC, service may be commenced prior to or
subsequent to the obtaining and verifying of credit and financial information
as authorized herein. CTC reserves the
right to demand a deposit and/or terminate service if, in the sole discretion
of CTC, customer's credit or financial
information proves unsatisfactory during the term of this agreement.
18. Customer
certifies and warrants that the information given in this application is true
and correct.
19. Prices
charged for services under this agreement are subject to change without notice.
20. No right or remedy herein conferred upon or reserved to CTC is exclusive of any
other right or remedy herein or by law or equity provided or permitted, by each
shall be cumulative of every other right or remedy given hereunder or now or
hereafter existing at law or equity, and may be enforced
concurrently or form time to time.
21. Customer hereby waives, and agrees not to assert any and
all existing or future claims, defenses, and offsets against any payment due
hereunder.
Customer agrees to
pay all charges due hereunder, regardless of any claim, defense, or offset
which may be exerted by Customer or on Customer's behalf.
22. A
delegation of any obligation hereunder by Customer shall not release Customer
of said obligation.
23. No term or condition of this agreement may be waived or
modified except by the written consent of CTC. Forbearance or indulgence by CTC in any regard whatsoever shall not constitute waiver
of any term or condition, nor shall it constitute a waiver as to any future
default or defaults, whether of like or different character.
24. Service of all notices under this agreement shall be
deemed sufficient if given personally or mailed to the party involved at its respective
address set forth in this agreement, by US mail, or at such address as the
notified party may from time to time request in writing. Any notice mailed to
such address shall be considered effective a the time of mailing.
25. This agreement shall be construed under and in accordance
with the laws of the State of Texas. If any one or more of the provision
contained herein shall be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any
other provision hereof, and this agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been contained herein.
26. A service
charge may be imposed for all returned checks, not to exceed the maximum
allowed by law.
27. CTC assumes no
responsibility for interruptions of service cause by Acts of God, force
majeure, catastrophe, etc.
28. If
service is suspended by CTC for nonpayment or other cause, a $25 charge will be
imposed when reactivating after 30
days of disconnect.
29. Initial activation's, renewals, reactivating, and plan
changes may only include those rate plans being offered a the time of
activation, renewal, reactivating, or plan changes.
30. Customer
assumes responsibility for any and all charges associated with the use of
his/her account.
31. Liable
party must be 18 years of age or older.
32. Purchase
of web page is exclusive to the entity and it's subsidiaries only.
System
Rules:
1. The system may not
be used for any activity which may violate any criminal or civil laws. These
include, but are not limited to, any activities involving drugs, gambling,
prostitution, pornography, spreading computer viruses, cracking computer
security systems, infringing on intellectual property, trafficking in credit card
numbers, fraudulent marketing schemes, or trafficking in cellular telephone
fraud information.
2. The system may not
be used to distribute mass unsolicited email containing commercial advertisements or to pose commercial
advertisements to inappropriate locations on the Internet.
3. The system may not be used to publish
defamatory statements directed to or about other persons or entities on the
Internet.
4. Customers must
respect the conventions and rules of newsgroups, mailing lists, and other
networks, even if those conventions and rules are more restrictive than CTC's. See: Newsgroups Terms of Service
5. The system may not
be used to violate the copyright interests or other intellectual property
interests of any person or entity. This includes, but is not limited to, the
distribution or sharing of copyrighted software in violation of the copyright
holder's rights.
6. Customers,
including Home Page Customers, may not post any material to the system which is
obscene, vulgar, or blatantly offensive to the prevailing moral standards of
the community.
7. Because of limited system resources,
customers will be automatically logged out after no longer than 15 minutes of
inactivity.
8. Use of any program
or other automatic device to keep a dial-up connection active is
prohibited. CTC reserves the right
to discontinue the service at its sole discretion and without prior notice to
violators of this policy.