Copyright and Trademark Notices
Copyright © South Central Rural Telephone Cooperative Corp.,Inc.® 1997–2008, all rights reserved.
South Central Rural Telephone Coop (SCRTC) Logo™ , South Central Long Distance(SCLD) Logo™, South Central Telcom LLC (SCT) logo™ are registered trademarks of South Central Rural Telephone Cooperative Corp., Inc.® and/or subsidiaries.
Bluegrass Cellular Logo™ is registered trademark of Bluegrass Cellular, Inc.® and/or subsidiaries.
Neighborhood Watches, The Real Yellow Pages™, and The Real White Pagessm are registered trademarks or service marks of BellSouth®.
All product and service marks contained herein that are not South Central marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.
SCRTC Internet Service Acceptable Use Policies
PLEASE READ THESE TERMS CAREFULLY AS USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, AND DO NOT WISH TO BE BOUND BY THEM, YOU MAY NOT ACCESS OR USE THE SERVICE.
This document provides a general understanding of South Central Rural Telephone Cooperative Corp., Inc.’s and/or South Central Telcom LLC (“South Central”) policy on the Acceptable Use of the South Central Internet Service (the “Service”). It is designed to help protect our Service, our customers, and the Internet community, from irresponsible or illegal activities. We hope and expect that common sense and good judgment will guide all of our subscribers’ Internet activities. These guidelines point out generally accepted practices on a range of topics and the general South Central Service approach to these areas.
The key contributing factors to decisions and actions taken on Acceptable Use Policy violations include but are not limited to protection of our customers and our resources, provision of quality service to our customers, compliance with applicable law, and the protection of our reputation as a service provider.
If a South Central account is involved in a violation of these policies, we reserve the right to suspend or terminate the Service without notice. Our preferred course of action would be to advise the account owner of the inappropriate behavior and any corrective action that may be necessary. However, repeated or flagrant violations of these policies may result in immediate termination of the Service.
In the event that an account is deactivated or canceled as a result of any activities proscribed by these policies, the account may be subject to set-up fees, reactivation charges and/or deposit requirements to be determined by South Central if such account is permitted to be reactivated or re-established. Users whose accounts have been canceled for misuse or violation of the Service Agreement or these policies are not entitled to re-register for the Service without express written approval from South Central outside the normal flow of the registration process. Any further registrations for the Service by or for the user whose account has been terminated for such activities may be rejected or the new account(s) may be terminated upon discovery, and such further registration or use may subject the user to additional account set-up, analysis, monthly usage and/or termination charges for each such registration in amounts to be determined by South Central.
South Central may take such action as it deems appropriate against any subscriber or account user for violations of the Service Agreement or of these policies. However, there is no promise or obligation on our part to monitor or police any such activity and South Central will have no liability to any party for any other party’s violation of these policies or the Service Agreement.
You may not attempt to send Electronic Mail or USENET News articles using a name and address of someone other than yourself. Attempting to impersonate any person, using forged headers or other identifying information, is prohibited. Attempts to do so that are discovered by South Central or reported by other parties may be reported to the proper authority immediately, and may result in the offending account being terminated immediately. The use of anonymous re-mailers and nicknames, by themselves, does not necessarily constitute impersonation if it is not being done with the intention of misleading the recipient or another party into believing that you are some other specifically identifiable user or person other than yourself.
Network Unfriendly Activity
Activities which adversely affect the ability of other people or systems to use South Central Services or the Internet is prohibited.
South Central will not tolerate any subscriber attempting to access the accounts of others; penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Hacking will result in the immediate termination of the Service.
Unauthorized Computer/Network Trespass
Sharing dial-up accounts with anyone other than the same household or at the same business location is prohibited. Re-selling the Service , or offering any public information service using such accounts, such as running a web server, email server, chat server or FTP server, is prohibited without express written consent from South Central.
Untimely payment of any and all amounts due may result in late charges and/or account cancellation.
Excessive usage, bandwidth or disk utilization
Where South Central account, service or feature descriptions specify limits on bandwidth and/or disk utilization, use in excess of those limits is not permitted without an appropriate change in account type or status and may incur additional charges for such usage. Bandwidth and disk utilization will be computed or determined by South Central from time to time in developing its product and service offerings. In addition, sessions on dial-up accounts which exceed a reasonable time may be terminated in order to protect network resources and preserve Service availability for other users. In the event South Central determines that an account is exceeding the relevant bandwidth or disk utilization, or frequently exceeding reasonable sessions times for dial-up accounts, the account owner will generally be notified by email. If the excess use continues after such notification, the owner may be requested to upgrade the account’s Service agreement or to modify the activity creating the excess use, or the account may be terminated.
If excessive bandwidth, disk space utilization or dial-up session length is determined to adversely affect South Central’s ability to provide service, immediate action may be taken. The account owner may be notified by e-mail as soon as practicable thereafter.
Dial-up account sessions that use the South Central Service are subject to idle timeouts. An account session may be determined to be idle if there appears to be no interactive, human generated data received from the remote user’s computer system within a prescribed amount of time.
Data that is generated on a user’s computer system automatically, either by an automated program, script, automatic re-dialers or any other software device, is considered automated data. Automated data of any kind is not considered interactive use of the South Central Service, and as such, may be disregarded in determining idle timeouts.
Subscribers to “unlimited access” plans for dial users may make reasonable use of the Service without a specific limit on hours used and without paying more based on hourly usage. These plans are not intended to provide full-time connections, however, and the Service may be disconnected after a significant period of inactivity or after sessions of excessive length. Subscribers should keep the connection open only when actively using it, and may not use any automatic method to avoid inactivity disconnect. Intentional use of automated data methods to avoid idle timeouts on dial-up accounts is prohibited and grounds for account termination at South Central’s sole discretion. This includes the use of automatic redialers to reinstate an idle connection.
Misuse of Subscriber Account
Internet access accounts cannot be transferred or used by anyone other than the subscriber , members of the same household or from the same business location. Account sharing (other than above) is strictly prohibited. No more than one login session can be active at a time on a subscriber’s dial-up account. Accounts which have been transferred to other parties, or which show other activity in violation of this condition, may be terminated without notice.
Service, Network and System Interference
Subscribers may not attempt to interfere with or compromise the operation of the South Central network in whole or part, to interfere with any of the equipment comprising the system, or to access other accounts or restricted areas of the system.
Subscribers may not use South Central’s systems in a manner that adversely affects the availability of its resources to other South Central customers.
Subscribers may only use those South Central Service online and computing facilities and Service areas which have been authorized for subscriber use. If access is protected by a password, subscribers are not to make this password available to others or use the password(s) of others to gain access to such areas. Subscribers may not attempt to find out the password of another user, nor aid such attempt by any other person.
Subscribers may use South Central Service online and computing facilities and Service areas only for authorized purposes.
Subscribers may not attempt to interfere with the proper or intended operation of any computing facility.
Subscribers may not attempt to subvert — or aid others to subvert — the security of any computing facility.
Subscribers may not interfere with use by any other authorized user, nor compromise the confidentiality of South Central’s or any other party’s internal business practices or records.
Any attempts, whether successful or not, to gain access to any computer system or customer’s data without consent is prohibited.
It may be necessary for South Central employees or representatives to examine system operational and accounting logs and other records to resolve Service-related problems. South Central reserves the right to access an account’s mailbox or other features to resolve problems or mail system errors.
In addition, South Central will cooperate with the appropriate legal authorities or other parties in investigating claims of illegal activity, including but not limited to illegal transfer or use of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity.
South Central makes no guarantee and assumes no liability for the security of any data on any server including those designated as “secure servers.”
No computer system can be completely protected or should be considered 100% safe from intrusion. E-mail and other data transmissions over the Internet may pass through many computer systems, and should not be considered a secure means of communication unless encrypted. Even then, such information is only as secure as the encryption method used.
South Central does not generally monitor the activity of accounts, applications utilized, websites visited or e-mail content except to measure system utilization in connection with network management activities, enforce acceptable use policies, maintain network security and accumulate billing records. However, in our efforts to protect the integrity of our Service and fulfill any responsibility we may have as good citizens within the Internet community, if we become aware of inappropriate use of the South Central Service we may respond accordingly.
South Central does not intend to censor the content of any newsgroups or other communications passing through its systems. We believe such choices should generally be left to the individual subscriber. Software tools are available to screen a subscriber account’s access to newsgroups and Web sites that might be considered offensive. It is the subscriber’s responsibility to make use of such tools if desired.
Newsgroup postings and other e-mail messages sent via South Central and the Internet are communications between the senders and consenting receivers thereof, and South Central has neither the authority nor the responsibility to regulate their content. The views and comments expressed by South Central subscribers or other senders of such postings or messages are solely those of their authors and do not reflect any review, approval or endorsement by South Central. South Central will, however, attempt to assist subscribers who continually receive e-mail they deem to be objectionable and/or unsolicited e-mail and who notify South Central of the problem.
It is assumed that, unless otherwise specified by the sender, all data distributed on the Internet by the sender is intended to remain the intellectual property of the sender or the party who furnished such data to the sender, and each subscriber transmitting any such data (or making it available for download or other transmissions) is assumed to warrant that he or she has full ownership rights or appropriate licenses to the reports, documents, photographs, graphic images, audio files, video files and other data placed on the subscriber’s personal web site or otherwise transmitted. South Central subscribers are solely responsible for any actions which may be necessary to protect ownership rights in such data. Subscribers acknowledge that South Central has no control over the individuals using the Internet and that
South Central expressly does not warrant that any individuals might not make copies of or otherwise infringe upon the subscriber’s information as distributed on the Internet.
Subscribers should be aware of the law of copyright as it affects computer software and other information or materials available or accessible on the Internet. A formal copyright notice need not be in evidence for legal copyright protection to be in force.
As a general rule, the subscriber is the copyright owner of any file which that subscriber solely creates for his or her own exclusive use. Any other file is copyright either by its creator, by commercial vendors, or by other individual users, and it is generally illegal for the subscriber to reproduce such file in any part or in any form, except by permission of the copyright owner or under an appropriate statutory exception.
Ownership of any software developed or modified by South Central and all graphics, text or other information or content materials supplied or furnished by South Central as part of the South Central Service or for incorporation into a subscriber’s personal Web page in connection with the Service shall remain with South Central (or the party which supplied such materials to South Central).
Removing or falsifying the source or origin of software or other material contained in a file that a subscriber has uploaded is prohibited.
Knowingly receiving or downloading a file that cannot be legally distributed is prohibited, even though a file may have been mailed or posted notwithstanding such illegality.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. Copyright infringement notifications must be sent to our Designated Agent, David Davis, at 1399 Happy Valley Rd. Glasgow, KY 42141. The Disignated Agent may be contacted via: phone — (270)- 678–2111, fax — 270-678-3030, e-mail — David.Davis@scrtc.net.
ALL INQUIRIES NOT RELEVANT TO THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE.
Personal Web Site
South Central may make a personal Web site available as an optional feature of its South Central Service. If you subscribe to such feature the following provisions of this Section shall apply (in addition to the other provisions of this Agreement: South Central may provide a listing/link to users’ personal Web site on its South Central Service or other mechanisms. By subscribing to the personal Web site feature, you authorize and grant South Central the right to use your name, Web site address and similar information in such listing or directory sites or applications. You may use the complete address (URL) granted to you as part of the personal Web site feature (which may have names or marks of South Central embedded therein) so long as you are obtaining the personal Web site feature from South Central hereunder, but only for the purpose of identifying the location of your personal Web site on South Central’s Service. Otherwise, you shall not utilize the name or any marks of South Central or any of its affiliates in any press releases, promotional materials or other commercial manner without the express prior written approval of South Central in each instance.
Ownership of all graphics, text or other information or content materials supplied or furnished by you for incorporation into or delivery through your personal Web site shall remain with you (or the party which supplied such materials to you). Ownership of any software developed or modified by South Central and all graphics, text or other information or content materials supplied or furnished by South Central for incorporation into your personal Web site, shall remain with South Central (or the party which supplied such materials to South Central), and may be used only while you are obtaining the personal Web site feature from South Central.
The domain name and address (URL) granted to you for use with the personal Web site feature shall remain the property of South Central, shall be used by you only so long as you are obtaining the personal Web site feature from South Central hereunder, and may be subject to change by South Central or the InterNIC or other applicable Internet domain name registry or granting authority from time to time. South Central reserves the right to approve subscriber Uniform Resource Locator (URL’s) that will be used in conjunction with a South Central registered domain name and personal Web site feature. URL’s registered using a South Central owned domain name are non transferable by subscribers upon account termination and will be retained by South Central.
You acknowledge and agree: (i) that the primary function of South Central’s personal Web site feature as it relates to your personal Web site is to facilitate access by end users to the information provided through your personal Web site; (ii) that South Central has no proprietary, financial, or other interest in any of the content or information that may be described in or made available through your personal Web site; and (iii) that you are solely responsible for the content, quality, performance, and all other aspects of the information or other content contained in or provided through your personal Web site.
You warrant that you will own or have the right to use and offer all such information or other content in the manner in which the same will be used, offered or provided in connection with your personal Web site. You shall indemnify and hold harmless South Central from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to your personal Web site or an end user’s use thereof, or any act, error, or omission of yours in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; or violation of any applicable law.
Notices from South Central
Users may receive announcements from time to time from the South Central Service via e-mail regarding various aspects of the Service, including without limitation notices of feature upgrades or changes, service-affecting issues or events, etc
Sending unsolicited commercial e-mail (Spam) by Service users is prohibited. Using a South Central e-mail address to collect responses from unsolicited commercial e-mail (Spam) is prohibited. South Central reserves the right to ban or restrict any Service user or internet user in violation of any email policy of the Service or if the Service (South Central) is banned or threatened with being banned or restricted from any other service or server because of misuse of email.
E-mail Attacks with Spam
Sending large volumes of unsolicited e-mail (Spam), commercial or otherwise, by Service users is prohibited. South Central reserves the right to ban or restrict any Service user or internet user in violation of any email policy of the Service or if the Service (South Central) is banned or threatened with being banned or restricted from any other service or server because of misuse of e-mail.
Sending outrageously threatening or harassing e-mail (for example, making terroristic threats, or threatening physical injury or damage to persons or property), especially after being requested to stop, is prohibited. However, not every “flame” message or angry exchange of e-mail can automatically be considered harassment. South Central is not responsible for the content or tone of any e-mail or other transmissions of the subscribers to its Service or other parties using the Internet, and subscribers or others should not expect that South Central will attempt to mediate or otherwise become involved in any particular disagreement or dispute between Internet users. However, South Central will cooperate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by subscribers or other users who believe they are being subjected to potentially unlawful harassment.
Other E-mail Related Issues
Subscribers also may not engage in the following activities while using the South Central service:
- Intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties;
- Mailing or sending files that contain copyrighted, commercial software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the user owns or controls the rights thereto or has received all necessary consents;
- Knowingly or maliciously transmitting files that contain a virus or corrupted data;
- Knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
- Publishing, posting, distributing or disseminating defamatory, infringing, obscene or other unlawful material or information;
- Using the South Central Service or systems to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
Excessive cross-posting, or posting the same article to several newsgroups, is prohibited. Generally accepted standards allow no more than 6 newsgroups, or cross-postings, for a single article or substantially similar articles. Articles posted in violation of these policies may be canceled.
Off-topic or Inappropriate Newsgroup Postings
Generally, there is no restriction on content or postings, except as defined by each newsgroup. However, continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of newsgroups.
Internet Relay Chat (IRC)
Violation of any accepted policies on IRC servers and the use of IRC bots is prohibited. If South Central is banned or threatened with being banned or restricted from a server, the offending account may be terminated.
Acceptable Use Policy Modifications
South Central reserves the right to modify its Acceptable Use Policies from time to time in its discretion. Such changes, or notice thereof, will generally be posted online on the Service or otherwise electronically transmitted to users over the Service. A subscriber’s use of the Service after such posting or other notice shall constitute acceptance of such policies by the subscriber.
Disclaimer of Warranty
The services, information or data (collectively, “Information”) made available at the South Central Website are provided “AS IS”, without warranties of any kind. South Central expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. South Central shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the South Central Website. South Central shall have no liability for:
- Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
- Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
- Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.
South Central makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. South Central makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, South Central shall include South Central Rural Telephone Cooperative Corp., Inc. (SCRTC), South Central Telcom LLC (SCT), South Central Long Distance (SCLD) and/or its subsidiaries, and Bluegrass Network LLC, and other service partners, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data
Legal Disclaimer for Web/Email List
The Web/Email List is provided by South Central as a service to Web users for information purposes only. South Central makes no representations or warranties regarding the Web/Email List, or the accuracy, completeness or reliability of any information it contains. South Central assumes no responsibility for errors or omissions in information provided.
South Central Rural Telephone Cooperative Corp., Inc. (“South Central”) and/or South Central Telcom LLC (“South Central”) provides Internet access (the “Service”) subject to your agreement and compliance with the terms and conditions below (the “Agreement”).
PLEASE READ THESE TERMS CAREFULLY AS USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, AND DO NOT WISH TO BE BOUND BY THEM, YOU MAY NOT ACCESS OR USE THE SERVICE.
A. In order to register for the Service, you must be at least 18 years of age, and you hereby represent and certify to South Central that you are at least 18 years of age. If you are a parent or legal guardian, you may authorize a minor under your control to use your account(s) under supervision. You promise to adequately supervise the minor and are responsible for the minor’s use of the Service. You further promise to indemnify and hold harmless South Central for the minor’s use of the Service. You agree that you are fully responsible for such minor’s conduct while using the Service, and for any consequences if you and/or the minor misuses the Service, the acceptable use policy, the web site usage rules or otherwise violates this Agreement. B. You further represent and certify to South Central that all information provided by you to South Central in connection with your registration, whether on-line or otherwise, is accurate, complete and current. You further agree to timely notify South Central of any changes to such information.
C. You agree that you may not, and shall not, share or transfer the Service ( your account(s)) with an another person not in your household/business without the prior written approval from South Central.
D. You agree to pay South Central’s current charges in effect from time to time for all Internet access through your account(s), including but not limited to registration or monthly fees, connect time charges, minimum charges and other charges incurred by you or anyone using your password(s) or account(s) (unless notified by you pursuant to Section I.E.) at the rates in effect for the billing period in which those charges are incurred, including but not limited to charges for any purchases made through the Service and any surcharges incurred while using any supplemental networks or services other than the Service. You agree to pay all applicable taxes related to use of the Service. You agree that South Central has reserved the right to change all rates or to institute new rates and/or changes at any time. You further agree that you will be liable for all attorney’s fees and collection fees arising from efforts to collect any unpaid balance on your account(s). Billing will be on a monthly basis and you agree that South Central may, in its sole discretion, change or modify the billing period without notice to you.
E. You agree that you are responsible for maintaining the confidentiality of all passwords issued to you by South Central to access the Internet. You are responsible for all charges resulting from the use of your password(s) and account(s) in connection with the Service. If your account(s) or password(s) are accessed or used without your permission, you agree that you remain responsible for all such activities and charges until you notify South Central of an unauthorized use of your password(s) and account(s) by calling (270) 678–2111 or (270) 528–2361.
II. USE OF THE INTERNET
A. You understand that South Central does not operate nor control the contents of the Internet in any way, and that all merchandise, information and services offered or made available or accessible on the Internet generally are offered or made available or accessible by third parties who are not affiliated with South Central.
YOU AGREE THAT YOU ARE TOTALLY RESPONSIBLE AND ASSUME THE RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. SOUTH CENTRAL AND ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH ANY SOUTH CENTRAL SERVICE OR ON THE INTERNET GENERALLY, AND THEY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. YOU FURTHER AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED TO THE SERVICE OR THE INTERNET GENERALLY.
B. YOU UNDERSTAND AND FURTHER ASSUME THE RISK THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU AGREE THAT ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. SOUTH CENTRAL HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
C. You agree that it is your responsibility to provide all telephone and computer equipment or services necessary to access the Service.
D. You agree that it is your responsibility to program and use the correct local 10-digit telephone access number for your location(s) without any access code(s) and if you or others access the Service via a long distance call or any other usage based plans or if your equipment/software(programming error,bug,etc) completes the call via long distance call or any other usage based plan you are responsible for any and all service and phone charges billed.
E. Unless you receive the prior written approval of South Central, you agree that you may not, and will not, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which you receive through the Service.
III. NO SERVICE WARRANTIES
A. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY SOUTH CENTRAL, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER SOUTH CENTRAL NOR ITS AFFILIATES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERRORFREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
B. UNDER NO CIRCUMSTANCES SHALL SOUTH CENTRAL, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR
THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
C. If you are dissatisfied with the Service, or with any terms, conditions, rules, policies, guidelines or practices of South Central in operating the Service, your sole and exclusive remedy is to discontinue using the Service.
IV. PROPERTY RIGHTS AND COPYRIGHTED MATERIAL
A. You agree that all content accessed through the Service is the property of the applicable content owner and may be protected by applicable copyright law. This Agreement gives you no rights to such content.
B. EXCEPT AS EXPRESSLY PERMITTED HEREIN OR BY APPLICABLE LAW, SOUTH CENTRAL AND ITS SUPPLIER(S) RETAIN ALL RIGHT, TITLE AND INTEREST IN THE SOFTWARE UTILIZED TO ACCESS THE SERVICE. THIS SOFTWARE AND SOURCE CODE FORM CONTAIN CONFIDENTIAL TRADE SECRETS OF SOUTH CENTRAL AND/OR ITS SUPPLIER. EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, YOU SHALL NOT COPY THE SOFTWARE, IN WHOLE OR IN PART, OR MODIFY, REVERSE COMPILE, REVERSE ASSEMBLE OR CREATE DERIVATIVE WORKS OF ANY PORTION OF THIS SOFTWARE, NOR RENT, LEASE, DISTRIBUTE, MARKET OR TRANSFER THIS SOFTWARE TO THIRD PARTIES.
C. You agree to abide by the copyright law and all other applicable laws of the United States, including, but not limited to, export control laws.
D. The Service and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights to Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 252.227-7013, as applicable. Manufacturer is Bluegrass Network LLC, 115 Williams Street, Elizabethtown, Kentucky 42701. Subcontractor of the software to access the Service is The Wollongong Group, Inc., 1129 San Antonio Road, Palo Alto, California 94303-4374.
E. You agree that copyrighted material must not be placed on the Service without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or other such authorized person(s) may upload copyrighted material to the Service.
F. You may download copyrighted material for your own use. Except as expressly provided by copyright law, copying, redistribution or publication must be with the express permission of South Central and the owner(s) or such authorized person(s) if other than South Central. Permission must be specified in the document, on the Service, or must be obtained directly from South Central and the owner(s) or such authorized person(s) if other than South Central. Any copying, redistribution or publication of copyrighted material, any changes to or deletion of author, attribution or copyright notice are prohibited.
V. YOUR CONDUCT
A. While using the Internet through the Service, you represent, warrant and promise that you will not:
- Restrict or inhibit any other user from using and/or enjoying the Internet
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including but not limited to transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise
violate any local, state, national or international ordinance, regulation or law, including but not limited to the United States export control laws and regulations
- Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes, except for that which is expressly permitted by the provider of such information, software or other material
- Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder
- Upload, post, publish, transmit, reproduce or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under United States copyright laws
B. You agree and understand that South Central has no obligation to monitor the Service in any way. You further agree that South Central has a right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, ordinance or other governmental request to operate the Service properly, or to protect itself or its subscribers. South Central shall not intentionally monitor or disclose any private electronic mail message unless required by law. South Central reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. C. You agree and understand that all terms and conditions of the acceptable use policy and web site use policy posted on the South Central web site are bound to this Agreement
VI. BREACH OF THE AGREEMENT
South Central may deny you access to all or part of the Service without notice if you engage in any conduct or activities that South Central, in its sole discretion, believes violates any of the terms and conditions in this Agreement. If South Central denies you access to the Service because of such a violation, you agree that you have no right (1) to access through South Central any material stored on the Internet, (2) to obtain any credit(s) otherwise due to you, and such credit(s) shall be forfeited, and (3) to access third party services, merchandise or information on the Internet through South Central. You agree that South Central shall have no responsibility to notify any third party providers of services, merchandise or information and that South Central shall not be responsible for any consequences resulting
from lack of notification.
You agree to defend, indemnify and hold South Central and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorney’s fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account.
A. You agree that in the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intention of the parties and the remainder of the provisions shall remain in full force and effect.
B. South Central’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
C. You agree that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
D. You agree that this Agreement is personal to you and you shall not assign your right herein.
E. You agree that South Central may modify the Service, including but not limited to domain name,technical features,its prices and charges for the Service, and may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice. Such changes, or notice thereof, will generally be posted online on the Service or otherwise transmitted to users of the Service.
F. You agree that the terms for payment are net twenty (20) days in the currency in which billed. If any payment due hereunder is not made by you on or before the due date, you agree to pay any late charges added to the next bill. Late charge is limited to ten (10) percent of the unpaid balance.
G. You agree that South Central reserves the right to modify this Agreement from time to time in its discretion. Such changes, or notice thereof, will generally be posted online on the Service or otherwise electronically transmitted to users over the Service. A subscriber’s use of the Service after such posting or other notice shall constitute acceptance of such policies by the subscriber.
Access to and use of this World Wide Web site (“The South Central Website”) is provided subject to these terms and conditions:
PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Use of Material On the South Central Website
The information, artwork, text, video, audio, or pictures (collectively, “Materials”) contained on the South Central Website are protected by copyright laws. You may only access and use the Materials for personal or educational purposes. You may not modify or use the Materials for any other purpose without South Central Rural Telephone Cooperative, Corp., Inc. and/or South Central Telcom LLC (“South Central”) express written consent. Except as provided below, you may not reproduce, republish, post, transmit or distribute any Materials on the South Central Website.
You may print Materials on the South Central Website for personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies.
Any computer software downloadable or otherwise available from the South Central Website is licensed subject to the terms of the applicable license agreement.
The Materials included on the South Central Website have been compiled by South Central from a variety of sources, and are subject to change without notice.
All files on the South Central Website are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any files made available on the South Central Website without South Central’s express written consent. You may not link directly to any file located on a South Central server, and you should not attempt to “pass-off” any of South Central’s content as your own work.
Sites Linked From the South Central Website
The sites linked from the South Central Website are not under South Central’s control, and South Central does not assume any responsibility or liability for any communications or materials available at such linked sites. South Central does not intend links on the South Central Website to be referrals or endorsements of the linked entities, and are provided for convenience only.
Limitation of Liability
Under no circumstances shall South Central be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Information generally.
For purposes of this section, South Central shall include South Central Rural Telephone Cooperative Corp., Inc. (SCRTC), South Central Long Distance (SCLD), South Central Telcom LLC (SCT) and/or its subsidiaries, and Bluegrass Network LLC, and other service partners, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
Net Neutrality Policy Discloser Statement of: South Central Rural Telephone Cooperative Corp., Inc. and South Central Telcom, LLC jointly deemed SCRTC
The following policies apply to Fixed Broadband Internet services offered by SCRTC. SCRTC also offers enterprise level services that can be individually tailored to customer needs. Information on enterprise services, not covered under this discloser, can be obtained by contacting SCRTC Business Office at 270-678-2111. It is SCRTC’s policy to provide reliable access to the Internet for all of its residential and commercial end user customers. Because network resources are shared by all users, SCRTC has implemented the following policies to govern Fixed Broadband Internet service. These policies are designed to: (i) ensure that shared network resources are allocated fairly among all users; (ii) allow users and prospective users to understand service policies and any significant limitations on the service; and (iii) provide a foundation that assures customers that they can rely on consistently receiving the level and quality of service to which they subscribe. SCRTC does not block access to, nor discriminate against, any lawful website or Internet application and, with respect to fixed Internet access services, supports the ability of users to select and attach the equipment of their choice to the network so long as that equipment: (i) is used for a lawful purpose consistent with SCRTC Acceptable Use Policy (AUP) found at the following link: (https://www.scrtc.com/legal/#aup); and (ii) does not harm the network or degrade network performance for other users. Customers are encouraged to familiarize themselves with the following policies which are deemed part of their Service Agreement. By using SCRTC Internet service, the customer accepts, agrees to be bound by and to strictly adhere to, these policies. The customer also agrees to be responsible for compliance with these policies by third parties, such as friends, family members or guests that make use of the customer’s service accounts or equipment to access the network for any purpose, with or without the permission of the customer.
I. SYSTEM PERFORMANCE
SCRTC provides residential and commercial customers with a choice of data plans to meet their needs. SCRTC also provides enterprise level services that are custom tailored to a specific project and individually priced based on the needs and criteria established by the Enterprise customer. SCRTC offers the following residential and commercial services and typical speed ranges. These speeds were calculated based upon test made from customer premise equipment to bandwidth test sites at the far edge of SCRTC’s network. As of October 2011 SCRTC’s monthly network monitoring reports show utilization below 100% at peak periods indicating that its network consistently provides speeds as expected by customers with little or no degradation in service. These results were effective as of the dates / times indicated and may be updated from time to time at SCRTC’s discretion. Latency reading provided below are composite average reading based upon three or more test through each of the foregoing listed services.
|512 K / 384 K||.512 M|
|1.5 M / 512 K||1.5 M|
|3 M / 768 K||3.0 M|
|8 M / 1 M||8.0 M|
|10 M / 1.5 M||10.0 M|
|12 M / 2 M||12.0 M|
|15 M / 2 M||15.0 M|
While SCRTC provisions its’ network and equipment to ensure that its customers can enjoy the speeds to which they subscribe, Internet speeds generally result from a “best effort” service and are dependent on a number of variables, many of which are outside the control of an Internet Service Provider. Such variables include: the age and processing capability of the user’s terminal device or computer; the number of applications running simultaneously; the presence of viruses or malware; whether the terminal equipment is connected to the network by wire or by wireless; the distance the data packets must travel between the user and the website; the presence of congestion on and technical configuration of any intervening networks; any gating or congestion management schemes employed by websites to limit
download or upload speeds in cases where multiple users are served simultaneously. ISP does not guarantee that a customer will achieve the speeds set forth above at all times. Rather, the foregoing data speeds represent the best information available to SCRTC of the typical speeds a customer can expect to experience under normal operating conditions.
Speed tests that allow customers to test the upload, download and latency performance of their broadband data services are available free of charge from a number sources. Generally, these tests are influenced by the same variables that affect Internet speed set forth above. Accordingly, the speed results would not be expected to match a test of SCRTC network conducted under laboratory conditions. Please note, however, that all speed tests use different methodologies to calculate Internet connection speed so each of the tests would be expected to yield different results. Accordingly, each of these tests should be viewed as a helpful guide rather than as a definitive measurement of performance.
II. NETWORK MANAGEMENT
SCRTC utilizes a fully redundant network architecture that is designed to provide users with true broadband speeds and reliability even during times of peak demand. The network has been constructed to meet projected traffic demands and is fully scalable to allow for capacity to be added to meet customer needs and to support newly developing and increasingly sophisticated applications well into the future. However, congestion can occur on any IP network, and, when it does, packets can be delayed or dropped, leading to service degradation and delays. In cases where demand exceeds capacity, it is possible that the data traffic of any user, without discrimination, could be delayed.
SCRTC employs a protocol congestion management policy that does not discriminate against particular applications. Users remain free to access the websites of their choice and run the applications of their choice consistent with the AUP. SCRTC deploys network management servers and software that constantly monitor aggregate network traffic levels. While automated traffic load control is not used in SCRTC’s network, SCRTC reserves the right to take appropriate steps to prevent any particular customer from causing degradation of service to other network user.
III. DEVICE ATTACHMENT/APPLICATION POLICY
SCRTC provides fixed broadband data services.
With respect to SCRTC’s fixed broadband services, users may generally attach the devices of their choice and run the applications of their choice, subject to the limitations of their data plan and the terms of their service agreement and AUP. While many devices such as routers, Bluetooth and WiFi cards, laptops, notebooks and tablets are readily available from third party sources, such as consumer electronics retailers, other devices, such as DSL modems and proprietary network gateways must be provided by or leased from SCRTC. Users are advised to contact SCRTC technical support at 270-678-2615 before purchasing any third party equipment to ensure compatibility with the network. SCRTC is not responsible for the compatibility, suitability or functionality of any equipment that is provided by the customer or any third party, and the customer remains fully responsible for ensuring that any such equipment does not cause any harm to the network or degrade the service of other users.
All users of SCRTC’s fixed broadband Internet service are fully responsible for securing their equipment, including wireless routers, to prevent unauthorized access to the network by third parties and will be held fully responsible for the actions of such third parties that gain unauthorized access to the network through unsecured end user equipment.
SCRTC does not collect information about your use of our products and services for the purpose of tailoring and/or allowing or disallowing service availabilities. Any information of internet usage collected by SCRTC is collected for the purpose of maintaining the integrity and service functionality of our network. Such information may also be used determine compliance with applicable AUP and Service Agreements. This information is solely for the internal use of SCRTC and will not be released to any third party except as required by law.
If you subscribe to SCRTC Internet access services, we may automatically measure and monitor network performance and the performance of your Internet connection to improve your, or our, overall service levels. If you contact us for service support, we also may access information about your computer, wireless device or other device settings to provide customized technical support or to install specific applications or services that you use or that are necessary to the applications or services you use.
SCRTC will not gather information from your use of our Internet access services to direct customized advertising specifically to you based on your visits over time and across different non-SCRTC websites, unless we first provide you with notice of our plan and obtain your affirmative consent.
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.”
- 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
- 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
- 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
- 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
- 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.
- 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
- 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 nonrefundable. 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
- 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
- DSL Connections: DSL Internet connections will be dynamically configured unless a static IP Address is requested and the appropriate monthly charge will be applied
- 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
- 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
- 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
- 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
- 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
- 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)
- 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
- 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
- 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
- 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.
- 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
- 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
- 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
- Understanding the Agreement: The Customer has read this agreement and understands all the terms contained in this agreement
VIDEO BASIC INSTALLATION TERMS AND CONDITIONS
- Service Activation-Included with Video Basic Installation is defined as:
- Installation activities and premise visit necessary to place up to two (2) coax outlets for connecting to Customer’s Video (TV, etc.) sets to be used with Digital Video Service of South Central RTC/South Central Telcom LLC, herein after referred to as Telco
- Basic installation includes if required: the placement or replacement of, end connections on existing coax cable, non-existent or substandard coax cable (including home-run coax wiring which will not carry a quality digital signal), replacement of outlet connector, or other work necessary to provide Telco’s
Digital Video service to the coax outlets
- Up to two (2) remote controls and one (1) RF Antenna will be provided and programmed at no additional charge with Digital Video Service. Exception, if Telco request Res-Gateway location requiring a second RF antenna for proper operation
- All Basic Installation work will be preformed as required unless deemed impractical by the Telco which includes, but is not limited to, excesses time required to complete, safety factors, possible damage to Customer or Telco property and/or any other obstacles that would prevent a satisfactory installation
- Adding new or conditioning additional existing outlets-(beyond those covered by Basic Installation) only within the primary residence/business for use with the SAME Telco Digital Video Service will be billed $25.00 per outlet unless circumstances warrant additional T & M. Outlet is defined as:
- Providing new or conditioning existing outlets, testing and verification activities necessary to insure Telco’s Digital Video signal is delivered with adequate quality to an existing or new outlet beyond those covered by Basic Installation
- Remote controls are not provided with the conditioning of existing or new outlets in excess of Basic Installation. These may be leased from the Telco as listed previously in the pricing section page of this document
- May include the replacement of the end connections on an existing coax cable, replacement of outlet connectors or other interconnection activities necessary to provide Digital Video Service to the outlet(s)
- If required, the repair or replacement of coax cable, including home-run wiring, needed in the activation of a new or existing outlet, this work must be authorized by the resident of authority and will be billed on a T & M basis
- New Outlets may be installed within the primary residence/business only, at customer’s request if deemed particle by Telco. (The cost per outlet will be as stated above
- VCRs/Stereos/Home Entertainment Systems-Telco will not connect or provide the labor necessary to install a customer’s VCR, stereo, or home entertainment systems to the Telco’s Res-Gateway under Basic Installation. Exception to this, within Basic Installation guidelines, if the VCR is located adjacent to the Res-Gateway and installers can use factory made cables for connection, the VCR will be connected with no extra time charged. A customer that chooses to have these systems (or similar ones) connected to the Gateway is responsible for all parts, wiring and labor necessary beyond that mentioned in this section. Telco will not provide any parts or wiring for the connection of electronics to the Telco Res-Gateway under Basic Installation. Infrared (IR) Blaster for VCR’s will not be
included in Basic Installation
- Optional Video Equipment-Optional equipment is at the discretion of the customer, but may be required in order for the installation of Telco Service(s) to meet the needs of the customer
- Remote control, IR blaster, additional RF Antenna, and other items as they become available: each of these items if installed must be purchased or leased from the Telco. Those items purchased will be covered under normal Manufacturer Warranties only
- Digital Wiring Maintenance Plan-Digital Wiring Maintenance Plan, available to Residential Service only shall cover, telephone, TV coax, and/or DSL wiring inside the home installed by the Telco or installed by the customer, or an agent thereof, according to Telco specifications and guidelines. Improper installations by other than Telco causing trouble on Telco’s service and requiring a premise visit to isolate will be billed a trip charge and T & M to repair per customer’s request. The Digital Wiring Maintenance Plan is optional. Existing Basic Telephone Wiring Plan will be converted to the Digital Wiring Maintenance Plan with Video or DSL installation unless the customer selects to remove all wiring plans
- Billing-See Video & DSL General Terms and Conditions
DSL WITH DIGITAL VIDEO SERVICE INSTALLATION TERMS AND CONDITIONS
- DSL Installed Through Res-Gateway-Video Basic Installation rules shall apply up to and including the Res-Gateway. One Ethernet cable of reasonable length, as determined by the Telco, will be provided to connect to the customer’s DSL computer equipment from the Res-Gateway per the rate set on the pricing page
- Beyond Basic Installation Wiring-Wiring for additional DSL connections will be done on a T & M basis if deemed practical by the Telco
- Customer Responsibility-Customer shall have a preinstalled Network Interface Card (NIC) in the computer of interconnection prior to DSL installation. All wiring the customer elects to install, required for DSL turn-up, must be completed prior to installation time. If there is not a preinstalled NIC in the computer, the DSL technicians can install one per T & M if requested. Additionally, all computer networking is the customer’s responsibility unless specifically identified and agreed upon by both parties
- DSL Activation and Turn-up-If DSL service is activated at time of Digital Video turn-up, the DSL With Video Basic Installation rules shall apply with no extra trip charge. (If additional DSL technicians visits are required for installation problems found past Telco’s facilities demark point or a delay on behalf of Customer, a DSL Technician trip charge for trouble isolation time. If customer request Telco Technician to further isolate and/or repair any customer owned equipment, all ¼ hours thereafter will be charged at the listed ¼ hour rates. Extra material used beyond that specified above shall be additionally charged at the current material rates.)
- Networking-All computer networking is the customer’s responsibility unless specifically identified and agreed upon by Telco prior to installation. If the customer has a pre-existing network, the DSL technician will verify the DSL modem is working by surfing the Internet using Telco’s laptop. If additional help for networking
issues are requested by the customer, extra time will be charged
- Billing-See Video & DSL General Terms and Conditions
WITHOUT DIGITAL VIDEO SERVICE
- DSL Basic Installation-DSL Basic Installation shall be defined as:
- Installation activities and premise visit necessary to place in service one DSL service jack and one Ethernet cable of reasonable length, as determined by the Telco, for connecting the customer’s DSL computer equipment to be used with DSL service of Telco
- DSL Basic installation shall be charged at the DSL installation rate on pricing page plus a DSL trip charge
- DSL Basic Installation includes if required: the placement or replacement of the end connections on existing cable, of outlet connectors, placement or replacement of cable where cable is non-existent or substandard for DSL service, or other work necessary to activate Telco’s DSL Service to a single DSL unit (computer, etc.). It does not include the required modem
- Additional outlets activated for DSL service if deemed practical by Telco and will be on T & M basis
- DSL Basic Installation work will be preformed as required, unless deemed impractical by the Telco
- Beyond Basic Installation Wiring-See item 2 above
- Customer Responsibility-See item 3 above
- Networking-See item 3 above
- Billing-See item 6 above
SOUTH CENTRAL LONG DISTANCE TERMS AND CONDITIONS OF SERVICE
South Central Long Distance (“SCLD”) is a carrier providing intrastate (state tariff with Ky PSC on file), interstate and international communications services to Customers for their direct transmission of voice, data and other types of telecommunications. You can review the SCLD prices, charges, terms and conditions governing your services at the business office of SCLD at 1399 Happy Valley Rd, Glasgow, Ky. or on the South Central Long Distance web pages at www.scrtc.com.
The services are provided subject to the availability of facilities and the other provisions of this document.
SCLD does not undertake to transmit communications or messages, but rather furnishes facilities, service and equipment for such transmissions by the Customer.
SCLD retains the right to deny or terminate Service to any Customer who fails to comply with the rules and conditions of this Document, or other applicable rules, regulations or laws.
All Customers assume general responsibilities in connection with the provision and use of SCLD’s Services. General responsibilities are described in this section. When facilities, equipment, and/or communication systems provided by others are connected to SCLD’s facilities, the Customer assumes the additional responsibilities as set forth here.
The Customer is responsible for the payment of all charges for any and all Services or facilities provided by SCLD to the Customer.
The Customer shall indemnify and save harmless SCLD from and against all loss, liability, damage and expense, including reasonable counsel fees, due to claims for libel, slander, or infringement of copyright or trademark in connection with any material transmitted by the Customer using SCLD’s Services; and any other claim resulting from any act or omission of the Customer to the use of SCLD’s facilities.
The Customer shall reimburse SCLD for damages to SCLD’s facilities caused by any negligence or willful act or acts on the part of the Customer.
In the event a suit is brought by SCLD, or an attorney is retained by SCLD to collect any bill or enforce the terms of this Document against a Customer, that Customer shall be responsible for payment of all reasonable attorney’s fees, court costs, costs of investigation and any and all other related costs and expenses incurred by SCLD in connection therewith.
The Customer understands that the Services are furnished subject to the condition that there will be no abuse, fraudulent and/or illegal use thereof. Such activity includes, but is not limited to:
- Using the Service for any purpose that is in violation of any law
- . Obtaining or attempting to obtain Services through any scheme, false representation and/or use of any fraudulent means or devices whatsoever with the intent to avoid payment, in whole or in part, of charges for Services, or assisting any other person or firm in such regard
- Attempting to, or actually obtaining, accessing, altering, or interfering with the communications and/or information by rearranging, tampering with or making any connection with any facilities of SCLD or assisting any other person or firm in such regard
- Using the Services in a manner that interferes unreasonably with the use of Service by one or more other Customers
- Using the Service to convey information deemed to be obscene, salacious, or prurient, to impersonate another person with fraudulent or malicious intent, to call another person or persons so frequently, at such times, or in such a manner as to annoy, abuse, or harass, or to convey information of a nature or in a manner that renders such conveyance unlawful
Liabilities of SCLD
Except as stated in this section, SCLD shall have no liability for damages of any kind arising out of or related to events, acts, rights or privileges contemplated through acceptance of the service.
The liability of SCLD for damages resulting in whole or in part from or arising in connection with the furnishing of Service under this Document, including, but not limited to, mistakes, omissions, interruptions, delays, errors or other defects or misrepresentations shall not exceed an amount equal to the charges under this Document applicable to the specific call (or portion thereof) that was affected. No other liability shall attach to SCLD.
SCLD shall not be liable for any failure of performance hereunder due to causes beyond its control, including, but not limited to: (1) acts of God, fires, flood or other catastrophes; (2) any law, order, regulation, directive, action or request of the United States Government, or any other government, including state and local governments having jurisdiction over SCLD, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of said governments, or of any civil or military authority; or (3) national emergencies, insurrections, riots, wars or other labor difficulties.
SCLD shall not be liable for any act or omission of any other entity furnishing facilities, equipment, or services used by a Customer, with SCLD’s Services. In addition, SCLD shall not be liable for any damages
or losses due to the failure or negligence of any Customer or due to the failure of Customer Provided Equipment, facilities or services.
Charges and Payments for Services or Facilities
SCLD may, in order to safeguard its interests, require Customer to make a suitable deposit as a guarantee of the payment of charges.
Any deposit as referred to in this Section shall be held by SCLD to secure the payment of the Customer’s bill. At SCLD’s option, the deposit may be refunded or credited to the Customer at any time prior to the termination of Service.
The fact that a deposit is made does not relieve the Customer from making advance payments or from complying with SCLD’s regulations for the payment of bills in accordance with the terms herein and does not constitute a waiver or modification of the regulations of SCLD providing for the discontinuance of Service for nonpayment of any sums due SCLD for Service rendered.
Upon termination of Service any remaining deposit amounts will be credited to the Customer’s account and any credit balance will be refunded after all amounts due SCLD have been paid.
Service is provided and billed on a monthly basis. Service continues to be provided and billed on a monthly basis until cancelled by the Customer through notice given to SCLD.
When a Local Exchange Carrier (LEC) performs billing functions, commercial credit card company or others, the payment conditions and requirements of such companies apply, including any applicable interest.
In the event a Local Exchange Carrier (LEC), commercial credit card company or others ceases efforts to collect any amounts associated with SCLD’s charges, SCLD may bill the Customer or the called party directly, and may utilize its own billing and collection procedures which shall be consistent with all applicable statutes, rules and regulations.
In addition to all recurring, non-recurring, minimum, usage, surcharges or special charges, the Customer identified in this Document shall also be responsible for and shall pay all applicable federal, state and local taxes or surcharges, including sales, use, excise, gross earnings, and gross income taxes. All such taxes shall be separately shown and charged on bills rendered by Company or its billing agent pursuant to applicable rules or laws. Sales and use taxes shall be applied to all charges and shall also be applied to all applicable gross earnings, gross revenue and gross income taxes.
Payment will be due as specified on the Customer bill. Commencing after that due date, a late charge of up to the highest interest rate allowable by law will be applied to all amounts past due.
Collection procedures and the requirement for a deposit are unaffected by the application of a late payment charge. The late payment charge does not apply to unpaid balances associated with disputed amounts. Undisputed amounts on the same bill are subject to the late payment charge if unpaid and carried forward to the next bill.
Service may be denied or discontinued at SCLD’s discretion for nonpayment of amounts due SCLD past the due date as specified in here. Restoration of Service will be subject to all applicable installation charges.
In cases where SCLD issues direct bills to Customers, and payment by check is returned for insufficient funds, or is otherwise not processed for payment, there will be a charge of $20.00 or the maximum amount allowed by law. Such charge will be applicable on each occasion when a check is returned or not processed.
In the event of nonpayment of any bill rendered or any required deposit, SCLD may, after written notice, suspend Service to the Customer.
Credit for failure of Service will be allowed only when failure is caused by or occurs in SCLD’s facilities or equipment owned, provided and billed for by SCLD.
Credit allowances for failure of Service or equipment starts when the Customer notifies SCLD of the failure and ceases when the operation has been restored and an attempt has been made to notify the Customer by SCLD.
Only those portions of the Service or equipment operation disabled will be credited.
BY ENROLLING IN, CONTINUED USE OF THE SERVICES, OR PAYING CONSTITUTES ACCEPTANCE OF THESE TERMS & CONDITIONS AND THE PRICES & CHARGES OF THE SERVICES. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS & CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING SOUTH CENTRAL LONG DISTANCE AT (270) 678–2144, (270) 528–2144 OR TOLL FREE (1877) 678–2144.