South Central Rural Telephone Cooperative/
South Central Telcom LLC

Video and/or DSL
Service Agreement

General Terms and Conditions
 

The Terms and Conditions below, along with the accompanying information, constitute an Agreement between South Central Rural Telephone Cooperative/South Central Telcom LLC, (here after called “Telco”) and the subscriber of Digital Video and DSL Internet (“Service”).  Subscription to and use of Service(s) will constitute acceptance of this Agreement.  For purposes of the Terms and Conditions, you (the “Subscriber” of Telco Services) will be referred to as the “Customer.”

1. Primary Premise: Whether Business or Residence is defined as being within the building structure including multi-level floors if they are designed as a single dwelling residence/business. It shall be the right of the Telco to make a judgment decision if a dispute occurs. Buildings adjacent, whether attached or not, to the main structure with separate entrances and/or occupied by separate dwellers will be considered not part of the primary residence/business and therefore subject to separate Service requirements
   
2. Services Availability:  Service will be available to all customers requesting it, contingent upon having Telco’s telephone service or having requested Telco’s telephone service upon which the Service(s) can be placed and the availability of equipment required for and set aside to provide this Service(s) as determined by Telco.
   
3. Access to Premises:  Customer warrants that Customer is the owner of, or tenant in, the premise and is authorized to enter into and perform this Agreement.  Customer grants to the Telco, or its agents, the right to enter Customer’s premises for purposes of connecting, disconnecting, inspecting, auditing, repairing and removing any equipment installed or service(s) provided by the Telco.
   
4. Pricing of Service(s): Pricing shall be applied according to our pricing guidelines as listed on available documents in our business offices and on our website. Pricing is subject to change with out prior notification. Business and Residence pricing shall be determined by telephone service policies and according to the grade of service on the telephone line on which Service(s) is requested.
   
5. Pre-service(s) Deposits: Customer agrees to abide by Telco’s policy of deposit requirements, based upon standard credit rating procedures, up too but not more than an amount estimated for two and 1/2 months of Service(s) to be billed. This may be in addition to any telephone service deposit on record.
   
6. Telco Owned Equipment: Customer shall be expected to provide reasonable use, care and protection from misuse of Telco provided or Telco equipment leased by customer to use with Telco Service(s). Any failure to do so may result in the Customer being billed, upon the determination by the Telco of such misuse or abuse, for the replacement of said equipment.
   
7. Billing: Customer agrees to pay all charges billed to Customer’s account, including applicable taxes and fees, in accordance with billing terms in effect at the time the fee or charge becomes payable.  The recurring monthly fee is due in accordance to the date of the Customer’s monthly statement.  The Customer’s billed charges are due in accordance with the date of the customer’s monthly statement.  Monthly fees are non-refundable.  The initial payment may include applicable installation charges including, but not limited to equipment, inside wiring and other installation fees combined with standard charges for monthly Service(s) plus any Service(s) features and leased equipment. These charges will include partial charges for the current month and full charges for a month in advance. Charges for equipment purchased from Telco may also have been included on your bill. If payment is not received by date indicated on bill, a late fee may be assessed.  Delinquent accounts are subject to immediate termination or suspension of Service(s) at the sole discretion of Telco.  If the Customer discontinues Service(s) or is disconnected, the Customer agrees to pay a reconnect charge for reconnection.
   At Customer’s request, the Telco will provide Customer with current Telco rates and charges.  Rates are subject to change at any time, subject only to notice required by law.  If a billing error occurs, Customer must notify the Telco in writing within thirty (30) - days of customer’s receipt of the billing statement in question.  If the Telco determines that there has been a billing error, Telco will issue Customer a credit toward Customer’s next bill.  Billing errors brought to the Telco’s attention after thirty (30) days will be credited at the Telco’s sole discretion.
   
8. Intended Use of the Service(s):  Customer agrees not to use the Service(s) in a manner prohibited by any federal or state law or regulation.  Customer further agrees to adhere to Telco Acceptable Use Policy (AUP).  Transmission of any material in violation of federal or state law or regulation, including, but not limited to any copyrighted material, material protected by a trade secret or material or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited.
   
9. DSL Connections: DSL Internet connections will be dynamically configured unless a static IP Address is requested and the appropriate monthly charge will be applied.
   
10. Internet Protocol (IP) Address: IP addresses are not portable and are not assigned for independent administration or distribution.  Customer understands that IP assignments are not guaranteed, and may be modified as required by Telco and/or the American Registry for Internet Numbers (ARIN).  Customer cannot alter, modify or tamper with the IP connection of customer or any other customer on the system.
    
11. Restrictions: Telco Service(s) customers agree not to use any servers that provide any type of service(s) to incoming internet connections in conjunction with the Residential or Business DSL Service(s), including but not limited to, Electronic Mail, DHCP and DNS Servers.  In the event any Residential/Business DSL Internet customer of Telco attempts to utilize a server on the network, Telco Internet may, at its sole discretion, increase the fees associated with the Service(s), or terminate the Service(s).  If multiple computers are connected to the DSL service(s), any preset installation fees and/or set-up charges are limited to one computer and one household.  Any additional time or configuration will be charged by T & M.
    
12. Content Resale: Whether implied or not, no content obtained through Telco Service(s) shall be misused or resold without the written permission of the Telco and the content provider pursuit to Telco operating policies and restrictions of law.
    
13. Inside Wiring and Installation: Customer acknowledges that the inability of Telco technicians to access Customer or third party’s facilities  and/or other operational impediments may preclude or delay delivery of Service(s) as may have been schedule or promised.  Customer acknowledges that Telco installation technicians may require inside wiring in order to complete Service delivery beyond Basic Installations guidelines, at additional charges per ¼ hourly rate and/or other charges. Customer further acknowledges that this charge will occur at the sole discretion of the installation representative.
    
14. Equipment:  During the term of this Agreement, the Telco will install, repair and maintain all equipment and material (excluding inside wire) necessary for the provision of Telco service(s) inside or outside Customer’s premise.  Customer agrees that this equipment, Res-Gateway, Remote Control(s), modems and associated material are the property of the Telco and may not be serviced by anyone other that the Telco or the Telco’s agent(s).  Customer agrees not to connect, disconnect or tamper with this equipment without the Telco’s consent. 
    
    Customer agrees to connect the Res-Gateway only to a 110-volt electrical outlet.   Except for cable “home wiring” as that term is defined by Federal or state regulation or law, equipment and materials the Telco installs inside and outside Customer’s premises is and will remain the Telco’s property including any equipment and materials installed or provided by the Telco after the date of this Agreement, unless otherwise purchased from Telco.  Customer will not alter, damage or tamper with any equipment owned by Telco .
    
    Upon transfer or termination of Service(s) for any reason, Customer will immediately cease use of Res-Gateway, Remote Control(s) and any other equipment owned by the Telco and shall return the Res-Gateway and all other equipment to the Telco within fifteen (15) days.  If Customer fails to return Telco equipment and either requests a Telco representative retrieve it or one is dispatched to reclaim Telco property, a “Service Call” charge will be added to the final bill. If Customer fails to return or damages the Res-Gateway or other equipment beyond normal wear and tear, Customer will pay the actual cost of repair or replacement, which currently is $500.00.  Customer agrees that the Telco, or its agents, have the right to recover all costs and expenses incurred by the Telco in any action deemed necessary to: a) recover the Res-Gateway, Remote Control(s) and/or other equipment or b) to repair damages to their property.
    
15. Disclaimer of Liability:  THE SERVICE(s) PROVIDED BY Telco VIDEO and/or DSL INTERNET ARE PROVIDED “AS IS.”   Telco SERVICE(s) MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY REGARDING THE RELIABILTIY OR SUITABILITY FOR A PARTICULAR PURPOSE OF CONTENT OF ITS SERVICE(s).   CUTOMER UNDERSTANDS AND ACKNOWLEDGES THAT Telco SERVICE(s) EXERCISES NO CONTROL OVER THE NATURE CONTENT OR RELIABILITY OR THE INFORMATION PASSING THROUGH ITS NETWORK.  NO ORAL OR WRITTEN INFORMATION OR INFORMATION OR ADVICE GIVEN BY Telco SERVICE(s), ITS DEALERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY AND CUSTOMER MAY NOT RELY ON ANY SUCH QUALITY, INFORMATION OR ADVICE.  Telco SERVICE(s) MAKES NO WARRANTY OF ANY KIND, EITHER PASSING THROUGH ANY NETWORK, USE OF ANY INFORMATION OBTAINED FROM OR THOUGH SERVICE(s) PROVIDED BY Telco SERVICE(s) WILL BE AT CUSTOMER’S OWN RISK.  CUSTOMER ACKNOWLEDGES THAT Telco SERVICE(s) IS NOT LIABLE FOR ANY ERRORS OR INTERRUPTION IN THE SERVICE(s), WHETHER WITHIN OR OUTSIDE THE CONTRAL OF Telco SERVICE(s).  UNDER NO CIRCUMSTANCES SHALL THE CUSTOMER HOLD Telco INTERNET RESPONSIBLE FOR ANY FORM OF DAMAGES OR LOSSES SUFFERED FROM, BUT NOT LIMITED TO ERRORS, DELAYS, LOSS OF INFORMATION or interruptions in service(s) caused by the negligence, fault, misconduct or failure to perform on the part of the customer, Telco SERVICE(s), or A THIRD PARTY.   CUSTOMER UNDERSTANDS THAT vIDEO AND TELECOMMUNICATION AND/OR NETWORK ACCESS (s) MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE AND FOR OTHER REASONS WITHIN AND OUTSIDE OF THE DIRECT CONTROL OF Telco SERVICE(s).  UNDER NO CIRCUMSTANCES DO ANY SUCH ERRORS, DELAYS, INTERRUPTIONS IN SERVICE(s) OR LOSS OF INFORMATION NULLIFY OR MODIFY THESE TERMS AND CONDITIONS.   Telco RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICE(s) TO A CUSTOMER FOR ANY VIOLATION OF A TERM OR CONDITION USED HEREIN OR A SUBSEQUENT MODIFICATION TO THESE TERMS AND CONDITIONS AS DETERMINED BY Telco SERVICE(s).
    
16. Contracts:  The Telco provides optional term contract to the Customer for the purpose of lowering installation costs to the customer.  If the Customer agrees to a term contract, stipulated by a signed acceptance at time of installation and/or Discount for Contract installation credit on their bill, the contract is binding for the term of the agreement.  In the event Customer has the right to disconnect its service(s) to Customer and Customer shall be obligated to pay Telco, the difference of all monthly-disconnected service(s) charges for the remaining term of this agreement in addition to any unpaid amount previously billed to Customer.
    
17. Entire Agreement: These Terms and Conditions contain the entire agreement and understanding concerning the Service(s) and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral.  Without prior notice to Customer, these Terms and Conditions at the discretion of the Telco latest changes may be found at www.scrtc.com.  A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    
18. Assignment and Successors in Interest:  All of the Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of Customer.  Except as specifically stated herein, neither of these Terms nor Conditions nor any of the rights, interests or obligations of Customer or Telco Service(s) may be assigned.  Any unauthorized assignment or delegation shall be null and void notwithstanding the foregoing Telco Service(s) may assign or otherwise transfer its rights and obligations to any affiliate (whether by purchase of stock or assets, merger, operation of law or otherwise) of that portion of its business related to the subject matter hereof.
    
19. Venue/Choice of Law:  These Terms and Conditions shall be constructed in accordance with the laws of the State of Kentucky and the United States of America.  Any claim and causes of action related to the Telco Service(s) must be instituted within one year after the claim or cause of action has arisen or will be barred.
    
20. Serverability:  In the event that it is determined by a court of competent jurisdiction as a part of a final non-appeal able judgment that any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and Conditions will remain in full force and effect.
    
21. Indemnification:  Customer shall indemnify and hold Telco Service(s) harmless against all claims, losses, damages and liabilities sustained by Telco resulting from, arising out of, or connected with any breach of, or non-fulfillment of any representation, warranty, covenant or agreement made by or other obligation of Customer contained in these Terms and Conditions.
    
22. Time and Material (T & M):  Time charged at ¼ hour increments @ listed rates, and material used by Telco Technicians, used in servicing premise wiring and equipment not covered under Digital Wiring Maintenance Plan. A trip charge shall always be applied unless this work is completed while Telco Technician is already on site completing an order.
    
23. Understanding the Agreement:  The Customer has read this agreement and understands all the terms contained in this agreement.