TABLE OF CONTENTS
ACCEPTABLE USE POLICY
Clay County Rural Telephone Cooperative, Inc., DBA Endeavor Communications (“Endeavor”) has published this acceptable use policy (“AUP”) in an effort to enhance the use of the Internet in general by promoting responsible use of the Internet, Endeavor’s Internet Service, and Endeavor’s website, currently found at weendeavor.com or any other website maintained by Endeavor or its affiliates in the future (“Site”). In that regard, Endeavor requires its customers and other third-party users (collectively, its “Users”) to utilize Endeavor’s Internet Services, Endeavor’s network, facilities, equipment, wires, and cables (“Endeavor Network”), and Site responsibly and in compliance with all applicable laws. Users use of Endeavor’s Internet Service, Endeavor’s Network, or Site is also subject to any applicable service order, service agreement, the terms of this AUP, its Digital Millennium Copyright Policy (“DMCA Policy”) and other policies and restrictions Endeavor may post on the Site from time-to-time. This AUP as well as other policies and restrictions posted by Endeavor on the Site supplements rather than supersedes any and all services orders and/or agreements between a User and Endeavor with respect to the use of Endeavor’s Internet Service, Endeavor’s Network, or Site by such User. Use by a User of Endeavor’s Internet Service, Endeavor’s Network, or Site constitutes acceptance by such User of the terms of this AUP and any other policies or restrictions that Endeavor may post on its Site from time-to-time. Endeavor reserves the right to deny service to any user for any reason.
Endeavor’s Internet Services, Endeavor’s Network or Site may only be used for lawful purposes. Transmission of any material in violation of any federal, state, or local law is strictly prohibited. This may include, but is not limited to, copyrighted material, obscene material, or material protected by trade secrets. Please refer to Endeavor’s separate DMCA Policy, which describes its notice and takedown procedures for alleged copyright infringement. You agree to indemnify and hold harmless Endeavor from any claims resulting from your use of this service.
System and Network Security
Users are provided one publicly routed IP address with Endeavor’s Internet Services and may not use Endeavor’s Network, or Site to violate or to attempt to violate the security of any network, service, data, or other system without proper authorization,
including, without limitation, (i) any attempt to access any network, service, data, or other system that such User is not authorized to access; (ii) any attempt to probe, scan, or test the vulnerability of any network, service or system without proper authorization; (iii) any attempt to breach any security or authentication measures; (iv) any attempt to monitor data or traffic on any network or system without proper authorization; (v) any attempt to interfere with service to any User, host, or network, including, without limitation, by means of overloading, mail bombing, flooding, crushing, or any denial of service attacks; (vi) any attempt to forge any TCP/IP packet header or any part of the header information in an e-mail message or a newsgroup posting; or (vii) any attempt to utilize another User’s account name without proper authorization.
Users may not use Endeavor’s Internet Services, Endeavor’s Network, or Site to transmit any unsolicited commercial or unsolicited bulk e-mail messages (commonly known as “spam”). For purposes of this AUP, an e-mail message shall be deemed to be unsolicited if (i) it is sent to a recipient (a) who has not expressly requested or invited it, (b) with whom the sender does not have an existing personal or business relationship, or (c) who has requested that the sender not send it any further e-mail messages or (ii) such e-mail message is considered to be unsolicited under any applicable local, state, or federal law or regulation.
Internet Access Resale
The resale, sharing, extension, redistribution or retransmission of Endeavor’s Internet access services via wired or wireless networks outside the customer’s premises is strictly prohibited. Customers engaged in a commercial enterprise may only share, extend, redistribute, or retransmit Internet access services to other entities located within the customer’s premises with Endeavor’s express permission.
All postings to Usenet groups must comply with such group’s charter, rule, guidelines, and agreements (collectively, “Usenet Policies”). In addition to any such Usenet Policies, Users may not use Endeavor’s Internet Services, Endeavor’s Network, or Site to post the same or similar messages to multiple Usenet groups (commonly known as “Usenet spam” or “cross-posting”).
In order to ensure server stability and uptime of the mail server, the following limits shall apply to all Users of Endeavor’s e-mail service: (i) maximum size of attachments: 100 MB (incoming and outgoing) and (ii) maximum mailbox size: 16 Gig residential (total).
Messages that exceed the above limit shall be rejected, and mailboxes that exceed the above limit shall not be able to receive further incoming mail. Mailboxes that have been unchecked for 6 months will automatically be deleted from the server.
If Endeavor determines that a User has violated any of the terms of this AUP or any other policies or restrictions posted on its Site, Endeavor shall have the right in its sole discretion (i) to demand immediate removal of the violating material and/or (ii) to terminate or to suspend such User’s services and/or use of Endeavor’s Network or Site without notice to Users. Endeavor may involve and shall cooperate with law enforcement authorities if criminal activity is suspected. In addition, Users who violate this AUP or any other policies or restrictions posted on its Site may be subject to civil or criminal liability. Endeavor shall not be liable for any damages suffered by any User or third party resulting directly or indirectly from any actions taken by Endeavor pursuant to this AUP.
Violations or potential violations of this AUP or any other policies or restrictions posted on its Site may be reported to Endeavor at firstname.lastname@example.org . Endeavor’s agent for purposes of reporting copyright infringement can be found in Endeavor’s DMCA Policy.
Endeavor reserves the right based upon its sole and absolute discretion to modify this AUP as well as any other policies or restrictions from time to time without prior notice to Users. Such modifications shall be effective upon date of posting such modification.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this AUP, there shall be no third-party beneficiaries to this agreement.
The entire contents of this Site are protected by the United States copyright laws. Clay County Rural Telephone Cooperative, Inc., DBA Endeavor Communications (“Endeavor”), is the owner of the copyright. Endeavor authorizes you to view and to use the materials at this Site only for your personal, non-commercial use. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, distribute, or otherwise use the materials for any public or commercial purpose. For the purposes of these Terms, any use of these materials on any other web site or networked computer environment for any purpose is prohibited.
You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and specifically that the names, logos, and taglines identifying “Endeavor” and its products and services, are the proprietary marks of Clay County Rural Telephone Cooperative, Inc. You agree not to sell, license, edit, distribute, modify, copy, or reproduce content or material available on this Site. Notwithstanding the above, you may print or download one copy of the materials or content on this Site for your personal, non commercial use, provided you keep intact all copyright and other proprietary notices including those maintained on this Site.
Material submitted to Endeavor
Links to other web sites
Links to third party web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Endeavor has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Endeavor does not endorse or make any representations about these third party sites, or any advertising, information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
Links to Endeavor’s web site
With permission from Endeavor by sending an e-mail request to email@example.com, you may create a hypertext link to this Site from your web site provided that the page containing the link properly attributes the linked site to Endeavor. Neither your site nor your link to this Site (a) shall state or imply Endeavor’s sponsorship or endorsement of your site or the products, services, or materials promoted or set forth on your site; (b) shall contain republished, redistributed, or copied materials from this Site, including by framing or other means; or (c) shall misrepresent your relationship with Endeavor or contain any false, misleading, or derogatory information about Endeavor or its products or services.
Content and Disclaimer of Warranties
THE MATERIALS, INFORMATION, SOFTWARE, AND SERVICES PROVIDED INCLUDED IN OR AVAILABLE THROUGH THIS SITE (“CONTENT”) ARE PROVIDED “AS IS” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF INTELLECTUAL PROPERTY. ENDEAVOR ALSO DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE. THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY BE OUT OF DATE AND ENDEAVOR MAKES NO COMMITMENT TO UPDATE THE CONTENT OF THIS SITE. THE CONTENT OF THIS SITE MAY INCLUDE INFORMATION ON PRODUCTS, PROGRAMS, OR SERVICES THAT ARE NOT AVAILABLE IN YOUR AREA. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK AND ENDEAVOR DOES NOT WARRANT THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of liability
IN NO EVENT WILL ENDEAVOR, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, PROFITS, SAVINGS, INFORMATION, USE, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, INCLUDING, WITHOUT LIMITATION, LEGAL THEORIES OF WARRANTY, CONTRACT, TORT, OR STRICT LIABILITY.
You agree to defend, indemnify and hold harmless Endeavor and its subsidiaries and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. Endeavor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Endeavor in asserting any available defense.
Governing law/Dispute resolution
Any claims arising out of the use of this Site shall be resolved by binding arbitration in Indiana in accordance with the then-current rules of the American Arbitration Association. These Terms are made under and will be governed by and construed in accordance with the laws of the State of Indiana, United States of America (other than conflict of law rules).
Endeavor may make revisions to the content included in or available through this Site, or to the products, services, and prices described herein, at any time without notice. By using this Site, you agree to be bound by any such revisions and therefore should visit this Site periodically to determine the then-current Terms by which you are bound.
BILLING AND CANCELLATION POLICY
All customers of Clay County Rural Telephone Cooperative, Inc., DBA Endeavor Communications (“Endeavor”), are subject to this billing and cancellation policy (this “Policy”). Use by a customer of Endeavor’s services or Endeavor’s Network constitutes acceptance by such customer of the terms of this Policy.
All customers are required to provide Endeavor with accurate and complete billing information, including legal name, physical address, telephone number, and, if applicable, automatic payment information (i.e., credit card or ACH). All customers are responsible for reporting to Endeavor any changes in such billing information within 30 days of such change.
Invoices for services are mailed at the start of each service period. Customers shall be invoiced and charged monthly for standard service charges plus any additional usage or service charges, including, without limitation, toll-free usage charges. All customers are responsible for monthly payment of invoices regardless of whether such invoices were actually received. For customers participating in the automatic payment plan, all customers are responsible for being aware of the amount that shall be automatically charged from such customer’s account each month. For customers paying by check, payments are due within 17 days after the date that the invoice is mailed by Endeavor to the customer.
All charges invoiced to a customer shall be deemed to be valid and undisputed unless the customer disputes such charges in writing within 60 days after the invoice is mailed by Endeavor to the customer. Each customer is responsible for payment for all services provided to such customer by Endeavor at Endeavor’s standard charges (unless otherwise set forth in the customer’s service agreement with Endeavor) and pursuant to Endeavor’s standard billing practices, regardless of whether the provided service is specifically set forth in the customer’s service agreement with Endeavor.
A customer may terminate its account with Endeavor by providing notification to Endeavor of its intent to terminate via one of the following procedures:
- via telephone to: 1-800-922-6677
- via e-mail to: firstname.lastname@example.org
- via facsimile to: 765-795-6599 – Attention: Customer Service Cancellations
- via U.S. Postal Service to: ENDEAVOR Internet, Attention: Customer Service Cancellations, PO Box 237, Cloverdale, Indiana 46120
Written notification of termination must include login name, customer name, address, and telephone number, and the effective date of termination of the account, which, for month-to-month accounts (i.e., non-term accounts) only, must be the last day of a billing cycle; provided, however, that written notification of termination must be received by Endeavor for month-to-month accounts no less than 10 business days prior to the next billing cycle to be effective on the last day of the current billing cycle.
Accounts that are not terminated in accordance with the above procedures shall remain active and shall continue to incur monthly service charges until properly terminated. Term accounts may only be terminated in accordance with the terms of the applicable service agreement.
Use of Personal Information
Endeavor may gather information about you through this Site in three ways. First, Endeavor may collect and store some personally identifiable information (such as your name, telephone number, and e-mail address) that you provide to us through surveys, job applications, contests, service orders, or inquiries on this Site. Second, we may collect and store information about your visit to this Site in collective or aggregated data that does not identify you specifically. Third, Endeavor may collect and store information through the use of “cookies.” The term “cookies” refers to lines of test that are transmitted to your web browser when you click on a site, providing a way for a server to recall a previous request or previous registration, or keep track of a transaction as it progresses, so that information does not have to be repeated. Endeavor uses all of this information to help maintain accurate accounts, to provide and to change services, to provide accurate billing and shipping to answer your inquiries, to market services and products, and to help make this Site useful to you. Additionally, Third parties may be placing and reading cookies on end users’ browsers, or using web beacons or similar technologies to collect information in the course of advertising being served on the web site.
The information that we obtain from you is generally necessary for us to provide your services and to design new services for your future use. As a general rule, Endeavor will not sell, trade, or disclose to third parties personal information gathered online about you without your consent. The only exceptions to this rule are: (i) when Endeavor works with affiliated businesses, partners, or agents to develop a relationship with you or to perform services for you on our behalf or (ii) as may be required by subpoena, search warrant, or other legal process or in the case of imminent physical harm to you or others. In the case of (i) above, we require the relevant businesses, partners, or agents to adhere to our policies regarding the use and protection of your personal information.
Endeavor and its affiliated businesses, partners, and agents may use e-mail to communicate with customers, respond to visitors’ e-mails, or to inform you about events or new products. Endeavor will not send commercial solicitation via e-mail to you if you request that it not be sent.
NOTICE & TAKEDOWN PROCEDURE
It is Endeavor’s policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Endeavor as straightforward as possible while reducing the number of notices that Endeavor receives that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA, but Endeavor will respond to notices of this form from other jurisdictions as well.
It is expected that users of any part of the Endeavor site will comply with applicable copyright laws. However, if Endeavor receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to the material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether Endeavor may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access in response to such a notice, we will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Endeavor’s Designated Agent to receive notification of alleged infringement under the DMCA is:
Director of Network Operations
Physical Mail: 2 South West Street, P.O. Box 237, Cloverdale, IN 46120
Upon receipt of proper notification of claimed infringement, Endeavor will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Endeavor’s Registered Agent listed above the following information in a written communication (preferably by e-mail):
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Endeavor to locate the material;
- Information reasonably sufficient to permit Endeavor to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- The following statement: “I have a good faith believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
- The following statement: “I swear, under penalties of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Endeavor’s Registered Agent (listed above) the following information in a written communication (preferably via e-mail):
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, and telephone number;
- The following statement: “I consent to the jurisdiction of Federal District Court for the Southern District of Indiana”;
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Your signature, in physical or electronic form.
Upon receipt of such counter notification, Endeavor will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Endeavor will replace the removed material or cease disabling access to it in 10 business days. Endeavor will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, Endeavor will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
ACCOMMODATION OF STANDARD TECHNICAL MEASURES
It is Endeavor’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that Endeavor determines are reasonable under the circumstances.
You have the right to stop receiving unwanted marketing phone calls at home. The Federal government created a National Do Not Call Registry to make it easier for residential telephone customers to stop getting telemarketing calls they don’t want. It’s convenient, efficient and it’s FREE.
There are certain exceptions that apply to the Do Not Call Registry. It does not cover the following:
- Calls from organizations with which you have established a business relationship;
- Calls for which you have given prior written permission;
- Calls which are not commercial or do not include unsolicited advertisements;
- Calls by or on behalf of tax-exempt non-profit organizations.
To register, file a complaint or for more information visit www.donotcall.gov or call 1.888.382.1222, (TTY) 1.866.290.4236
Bills are mailed on the 1st of the month. Current charges are due upon receipt. Charges are delinquent after the due date of the 24th of the month and a $5 penalty applies. If payment is not received on or before the second Wednesday of the following month, disruption of service may occur and a reconnection fee will apply.
For your convenience in making payments, we accept Cash, Checks or Credit Cards (Visa, Discover, and Mastercard) in our local offices in Cloverdale and Monrovia. You may also make a credit card payment 24/7 on our automated secure payment system at 1-855-313-6315. Your account number and pin are required when calling the automated system. You may also access and pay your bill online by going to weendeavor.smarthub.coop.
SECURITY DEPOSITS AND RECONNECT FEES
A $75.00 reconnect fee will be applied if past due charges are paid within fifteen (15) days of disconnection to restore service.
Disconnected Customer Equipment Charges*
Fifteen (15) days after disconnection the following charges will be added to a customer’s past due balance for equipment that has not been returned to Endeavor: $75.00 for each air sonic box; $225.00 for a regular set top box; and $25 for each power supply cord.
To re-establish service more than fifteen (15) days after disconnection a new service order charge will apply and a security deposit may be required.
Customers have 120 days from the disconnection of service date to return any equipment including air sonic boxes, set-top boxes (TV receiver boxes), power supplies etc.
If the equipment is returned before the 120-day deadline, the customer’s past due balance will be reduced by the corresponding amounts listed above.
Approximately 120 days after a permanent disconnection of service, an account with a past due balance will be sent to a collection agency.
When an account enters the collection process, all equipment becomes the property of the customer. Endeavor will not accept the return of any equipment past this date nor will it utilize this equipment for future services.
If you wish to contact us at any time, please call Endeavor Communications at 765.795.4261 during business hours, write to us at Endeavor Communications, PO Box 237, Cloverdale, IN 46120, or email us email@example.com. This policy concurs with the Rules, Regulations, and Standards of Service for Telephone Utilities of Indiana.
*Subject to change based on credit history.
CLAY COUNTY RURAL TELEPHONE COOPERATIVE, INC.
(D/B/A/ ENDEAVOR COMMUNICATIONS)
HOSTED COMMUNICATIONS SOLUTIONS
TERMS AND CONDITIONS
BY ACCEPTING THESE HOSTED COMMUNICATIONS SOLUTIONS TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS BELOW. ALL SERVICE ORDERS AND SERVICES ARE SUBJECT TO THESE TERMS AND CONDITIONS.
These Hosted Communications Solutions Terms and Conditions (the “Agreement”) are entered into by and between, Clay County Rural Telephone Cooperative, Inc. (d/b/a/ Endeavor Communications) and the customer purchasing products or services from Provider (“Customer”).
The following terms will have the meanings set forth below.
1.1. “Customer Data” means any data, information or other materials of any nature whatsoever provided to Provider by Customer or a User in the course of implementing or using the Services.
1.2. “Service Descriptions” means user manuals and other documentation relating to the Services that are made available to Customer by Provider in digital or hardcopy form, as updated from time to time.
1.3. “Service Fee” or “Service Fees” means the monthly or annual fees set forth in the Service Order to be paid by Customer to Provider as consideration for Provider’s provision to Customer of the Services, but does not include usage fees, taxes or regulatory fees or surcharges, which Customer must pay in addition to the Service Fees.
1.4. “Service Order” means an order for Services or products.
1.5. “Service Plan” means the monthly or annual subscription plan a Customer agrees to in the Service Order.
1.6. “Service Order Addendum” means a Service Order agreed to by Customer subsequent to the initial Service Order.
1.7. “Services” means the products or services that are being provided to Customer as described in the Service Order, including any Additional Services set forth in a Service Order Addendum accepted by Provider.
1.8. “Software” means any proprietary software owned by, licensed by or which Provider has a right to sublicense that is used in or used to provide the Services. “Software” includes, without limitation, any application that Provider makes available to the Customer for use on a mobile device.
1.9. “User” means a user of the software, client, mobile application or other web-based application, equipment, feature or functionality provided by Provider in conjunction with the Services.
2.1. Generally. Provider will provide the Services set forth in an accepted Service Order subject to the terms and conditions of this Agreement. Provider hereby grants Customer limited, the Service Order, for Customer’s own internal business purposes. Provider grants Customer a limited, revocable, non-exclusive, non-transferable access to the Services for use by the number of Users set forth in the Service Order, for Customer’s own internal business purposes. Provider grants Customer a limited, revocable, non-exclusive, non-transferable right to use the Services Descriptions in connection with its use of the Services. Each Service Order will be subject to Provider’s acceptance, which will be deemed given if Provider thereafter provides the Services to Customer.
2.2. Conditions. Customer agrees that Provider’s obligations to provide the Services are expressly conditioned upon (a) Customer’s payment of the fees as and when due, and (b) Customer’s satisfaction of the technical requirements set forth in the Services Descriptions for the Services made available to Customer by Provider, as the same may be updated by Provider from time to time.
2.3. Additional Services. Customer may request an increase in Users or additional Services at any time during the Term (any such increase, “Additional Services”) by submitting a Service Order Addendum setting forth the specific Additional Services desired. Each Service Order Addendum will be subject to Provider’s acceptance, which will be deemed given if Provider thereafter provides the Additional Services to Customer. Upon acceptance by Provider, such Service Order Addendum will be deemed an amendment to the Agreement, subject to all of the terms and conditions herein, and the Service Fees will be increased to reflect the Additional Services, subject to the same pricing and payment terms as are set forth in the Service Order or the Service Order Addendum as applicable.
This Agreement will commence on the date Provider accepts the Service Order and will continue for the period of time specified in the Service Order (the “Initial Term”). At the end of the Initial Term, the Agreement will automatically renew for an additional one-year period (a “Renewal Term”), and will renew at the end of each Renewal Term for an additional one-year Renewal Term, unless either party provides the other party, at least thirty (30) days prior to the end of the Initial Term or applicable Renewal Term, written notification in accordance with Section 20.1 of its desire to cancel the Services. The Initial Term and any Renewal Terms are collectively the “Term”.
4.1. Early Termination by Customer.
If Customer terminates the Agreement, or some of the Services provided under the Agreement, before the end of the Initial Term or any Renewal Term (the “Terminated Term”), Provider will charge Customer, and Customer will pay, an early termination charge equal to 100% of the monthly Service Fee for the terminated Services, multiplied by the number of months remaining in the Terminated Term on the date of termination. The early termination charge is in addition to the full monthly Service Fee payable for the month of, and months prior to, termination. Provider will also charge Customer, and Customer will pay, (a) any unpaid recurring or non-recurring charges waived by Provider at the beginning of or during the Terminated Term, and (b) the difference between the MSRP and the price paid by Customer for any equipment purchased at the beginning of or during the Terminated Term. If Customer or its User transfers or ports its phone number to a service provider other than Provider, Customer must also contact Provider to terminate the Services provided to Customer by Provider.
4.2. Termination by Provider.
(a) Provider is entitled, at its sole discretion, to suspend, terminate or change the Services without advance notice upon any misuse of the Services in any way, Customer’s breach of the Agreement, Customer’s failure to pay any sum due hereunder, suspected fraud or other activity by Customer or a User that adversely affects the Services, Provider, Provider’s network or another customer’s use of the Services. Provider will be entitled to determine, at its sole discretion, what constitutes misuse of the Services, and Customer agrees that Provider’s determination is final and binding on Customer. Provider may require, and if required, Customer will pay, an activation fee as a condition to changing or resuming a terminated or suspended account.
(b) Provider is entitled to terminate any affected portion of the Services if: (i) Provider is prohibited by law from providing such portion of the Services; or (ii) any material rate or term contained herein and relevant to the affected Services is substantially changed by or as a result of any regulation or order issued by any court of competent jurisdiction, the Federal Communications Commission (FCC), any other local, state or federal government authority, or any carrier or Internet service provider.
(c) Upon termination of this Agreement under this Section 4.2, Customer will be responsible for the full monthly Service Fee for the month in which termination occurs, in addition to any accrued but unpaid usage and other charges.
5. FEES, BILLING, AND TAXES
5.1. Payment of Service Fees. Customer will pay the Service Fees for Services ordered by Customer, and all other amounts due under the Agreement, pursuant to the terms of this Section 5.
5.2.Credit. The provision of Services is contingent upon establishment of and continuing credit approval by Provider. Customer hereby consents to Provider’s procurement of a credit score or report regarding Customer. At any time during the Term, Provider is entitled to require a deposit or other acceptable form of security from Customer, as it deems appropriate. In addition, if requested by Provider, Customer agrees to provide, within two (2) business days of request, appropriate financial records to evaluate Customer’s continuing ability to pay. Provider may, immediately and without notice, suspend or terminate the Services if Customer fails to comply with these security obligations. Upon a payment default by Customer not cured in a timely manner, Provider will have the right to offset against any security or deposit held any amounts owed to Provider by Customer, and to invoice and collect all other amounts owed.
5.3.Billing. Provider will provide Customer with a monthly online billing statement for the Services provided each calendar month and bill all charges invoiced to Customer’s account. Such charges will include monthly service fees, storage charges, activation charges, equipment charges, toll charges, shipping charges, taxes, regulatory recovery fees and any other applicable charges. Monthly Service Fees will be paid in advance of each month’s service; any variable charges associated with usage and any other applicable charges associated with such usage shall be billed in arrears. Billing for monthly Service Fees commences upon ordering of the Services, and monthly Services Fees will be billed pro rata in the months in which such Services commence. Customer agrees to provide Provider with complete and accurate contact and payment information, which may include Customer’s credit card information and Customer, agrees to advise Provider of any changes thereto. To the extent Customer’s payment method is by credit card, Customer authorizes Provider to charge Customer’s credit card automatically to pay for Customer’s charges. If a charge to Customer’s credit card is declined or reversed, or if the account or credit card has expired or been suspended or closed, or if Customer fails to provide Provider with accurate or complete credit card information, Provider may suspend or terminate the Services.
5.4. Late/Non-payment. If any charges for the Services are due but unpaid for any reason, Provider may suspend or terminate the Services and all accrued charges will be immediately due, plus a late fee of $5.00 per month. A fee may also be charged to activate a suspended or terminated account. No suspension or termination of the Services or of this Agreement will relieve Customer from paying any amounts due hereunder.
5.5. Taxes. All Service Fees and other charges are exclusive of any taxes, surcharges, public utility fees and regulatory fees (including, without limitation, Universal Service Fees and E911 taxes). Such taxes and fees will be billed by Provider and paid by Customer. Taxes and regulatory fees may increase during the Term, and Customer will pay such increased fees commencing with the next monthly bill. Should Customer claim an exemption of any taxes or regulatory fees, Customer must provide official documented and certified proof of such exemption. In no event will Provider be liable for any taxes due by Customer or its User, and Customer will defend, indemnify and hold harmless Provider if any claim for taxes or fees is made. If any amounts paid for the Services are refunded by Provider, applicable taxes and regulatory fees may not be refundable.
5.6. Regulatory Recovery Fee. A regulatory recovery fee may be charged monthly to offset costs incurred by Provider in complying with inquiries and obligations imposed by federal, state and municipal regulatory authorities and the related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. The regulatory recovery fee will apply to every phone number assigned, including toll free and virtual numbers. The regulatory recovery fee may increase during the Term, and Customer will pay such increased fee commencing with the next monthly bill.
5.7. Service Fee Changes. Provider may change the Service Fees, the types of Service Plans and any additional usage charges without advance notice. Provider will post such changes to its website (http://www.weendeavor.com). Notwithstanding the foregoing, the Service Fees agreed upon in Customer’s Service Order will not be increased during the Initial Term. With respect to any Renewal Term, the Customer will be charged Provider’s then-current Service Fees in effect at the commencement of the Renewal Term.
5.8. Availability. Customer acknowledges and agrees that the Services may not be available 100% of the time. Additionally, Services will not be available in the event of interruption in Customer’s or its User’s internet or broadband service. Provider will not credit Customer for any interruptions in Service.
5.9. Discounts. From time to time in its sole discretion, Provider may offer promotions or discounts. Any promotion or discount codes must be provided to Provider upon purchase of the Services. Customer will not be entitled to a subsequent credit for such promotions or discounts if not requested at the time of account creation or change of Service. Promotions and/or discounts may not be used cumulatively or be used for Services retroactively.
5.10. Billing Disputes. Customer must dispute any charges for the Services in writing to firstname.lastname@example.org within thirty (30) days of the date of the charge by Provider, or Customer waives any objection and further recourse with regard to such charges. Notwithstanding the foregoing, Customer shall pay all undisputed charges in accordance with this Agreement.
5.11. Usage Charges. Every call using the Services that originates or terminates in the Public Switched Telephone Network (“PSTN”), including without limitation other VoIP networks, accrues applicable toll charges. Customer will not be charged for monthly usage within the limits of its then-current Service Plan. Usage which exceeds the limits, if any, of Customer’s then-current Service Plan will be charged to Customer in accordance with the Service Descriptions.
6. TELEPHONE NUMBER
Any telephone number provided by Provider (“Number”) to the Customer will be leased and not sold. Provider reserves the right to change, cancel or move the Number should Provider reasonably determine, its sole discretion, that it is required to do so as a result of its agreements with its underlying services providers or for other business purposes related to the provision of the Services.
8. LICENSE; PROHIBITED USES; CUSTOMER RESPONSIBILITIES; LIMITATIONS
8.1. Customer hereby grants to Provider a license to copy, store, record, transmit, display, view, print and use Customer Data, solely to the extent necessary to provide the Services to Customer. Except as expressly provided in this Section 8, Customer grants to Provider no right, title, interest, or license in the Customer Data. Customer represents and warrants that it has all necessary consents and rights to provide personally identifiable information about its Users to Provider, and Customer will provide such information upon reasonable request by Provider.
8.2. Customer represents and warrants that it will not use the Services for any illegal, fraudulent, improper, or abusive purpose or in any way that interferes with Provider’s ability to provide high-quality Services to other customers, prevents or restricts other customers from using the Services, or damages any of Provider’s or other customers’ property. If Provider discovers use of the Services for anything other than the permitted uses in this Agreement or for any of the prohibited uses in this Agreement, Provider may at its sole discretion terminate or suspend all or part of Customer’s Services and charge any applicable fees for the Services used plus damages caused by such improper use. Prohibited uses include, but are not limited to: (a) behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious or invasive of another’s privacy; (b) sending unsolicited messages or advertisements, including e-mail, voice-mail, text messages or faxes (commercial or otherwise) (“spamming”), or otherwise sending bulk or junk e-mail, voice-mail, text messages or faxes; (c) harvesting or otherwise collecting information about others, including e-mail addresses, without their consent; (d) negligently, recklessly, knowingly or intentionally transmitting any material that contains viruses, time bombs, Trojan horses, worms, malware, spyware or any other programs that may be harmful or dangerous; (e) creating a false caller identity (“ID spoofing”) or forged e-mail/text message address or header, or otherwise attempting to mislead others as to the identity of the sender or the origin of any communication made using the Services; (f) transmitting any material that may infringe, misappropriate, or otherwise violate the foreign or domestic intellectual property rights or other rights of third parties; (g) violating any U.S. or foreign law regarding the transmission of technical data or software exported through the Services; (h) using the Services in excess of what, in Provider’s sole discretion, would be expected of normal business use, including without limitation allowing more than one user to use a single VoIP line or using a single VoIP line in excess of what would be expected of a single user; (i) using the Services in any way that interferes with other customers’ and third parties’ use and enjoyment of the Services; (j) using or employing methods and/or devices that are designed or likely to take advantage of, bypass, exploit or otherwise avoid this use policy.
8.3. Customer understands and agrees that: (a) it will be solely liable for any transmissions sent through the Services under its account or its User’s account, including the content of any transmission sent through the Services under its account or its User’s account; (b) it will abide by all applicable Provider policies, procedures and agreements related to the Services; and (c) it will not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services through password mining or any other means.
8.4. Some of Provider’s plans and other Services are offered on an “unlimited” basis. All unlimited plans: (a) may only be used for normal commercially reasonable business use; (b) are provided only for dialog between two individuals at one time per line; (c) are issued on a “one (1) user per line basis”, meaning that only one registered User may be assigned to use the Services for any one line; and (d) are subject to additional usage charges, including but not limited to such charges associated with international calling, in accordance with the then-current rates. Contact Endeavor’s business office for detailed price information. Unlimited plans may not be used for any of the following prohibited uses (which are in addition to the other prohibited uses applicable to all Services): (i) trunking or forwarding a Provider Number to another phone number capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system; (ii) spamming or blasting (e.g., sending bulk or junk voice-mails, e-mails, text messages or faxes simultaneously); (iii) bulk call-in lines (e.g., customer support or sales call centers, “hotlines”, 900 numbers, sports-line numbers, etc.); or (iv) auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls). In addition, unusually high usage of the Services may impair Provider’s ability to provide high-quality Services to others and/or indicate unauthorized use of the Services, in which case Provider may suspend or terminate Customer’s account or, upon prior notice, convert Customer’s account to a metered calling plan that charges significantly higher usage rates.
8.5. Customer must report any unauthorized use of the Services to Provider immediately after Customer discovers such use. Customer is responsible for all use of the Services, whether authorized or unauthorized. Customer will be responsible if any of its Users use the Services in a manner prohibited by this Agreement. Customer will be responsible for any act or omission of a User that would be a breach of this Agreement if done by Customer.
8.6. Customer acknowledges and agrees that the right to use any Services is nonexclusive and nontransferable, and Customer will not permit use of the Services other than for its internal business purposes. Nothing in this Agreement will pass to Customer or any User title to any of the Services, any trade names, trade dress, trademarks, service marks, commercial symbols, copyrightable material, designs, logos and/or any other intellectual property of Provider or its vendors. Customer will not challenge or attempt to register or otherwise protect any of Provider’s intellectual property or other rights in the Services.
8.7. Customer will not: (a) copy or adapt the Services for any purpose, except as specifically permitted under this Agreement; (b) use the Services except in accordance with all applicable laws and regulations, and except as set forth in this Agreement; (c) reverse engineer, translate, decompile, or disassemble the Services; (d) use the Services in any outsourcing, application service provider, time-sharing or service bureau arrangement, including, without limitation, any use to provide services or process data for the benefit of, or on behalf of, any third party other than a User; (e) cause or permit the disabling or circumvention of any security mechanism contained in or associated with the Services; or (f) delete, alter, cover, or distort any copyright or other proprietary notices or trademarks with respect to the Services.
8.8. Customer understands and accepts that, in order to protect Customer against fraudulent use of the Services, Provider may require Customer to contact Provider in order to enable calling to certain calling destinations.
8.9. Customer will execute such other documents, provide such other information, and affirmatively cooperate with Provider, all as may be reasonably required by Provider relevant to providing the Services.
9. USE AND STORAGE
Provider reserves the right to establish or modify general practices and limits concerning use of the Services and Software, including, without limitation, the maximum number of days that content will be retained by the Service and the maximum disk space or bandwidth capacity that will be allotted on servers owned or operated by Provider on Customer’s behalf. Where practical, Provider will provide Customer with prior notice of such new or modified practices; provided, however, that Provider will have the absolute right to implement such new or modified practices without prior notice in its sole discretion and without liability of any kind.
10. ELECTRONIC RECORDING
Customer agrees that there are federal and state statutes governing the electronic recording of telephone conversations and that Provider will not be liable for any illegal use of any recording services provided to Customer or its Users. It is Customer’s responsibility to determine if the electronic recordings are legal under applicable federal and state laws and to comply with those laws. Customer will defend, indemnify and hold harmless Provider for any claims, damages, fines, penalties or costs (including, without limitation, attorneys’ fees) arising out of Customer’s or its User’s failure to adhere to applicable electronic recording laws.
11. RESPONSIBILITY FOR REGISTRATION INFORMATION AND CONTENT OF CUSTOMER COMMUNICATIONS
Customer is solely responsible for maintaining the confidentiality of Customer’s account login information (including, without limitation, its Users’ account login information), and will not allow a third party to use the Services. Customer is solely responsible for any and all activities that occur under Customer’s account or its User’s account, including, without limitation, fraudulent use of the account. Customer and its Users must comply with laws regarding online behavior, acceptable content and the transmission of equipment and information under applicable export laws. Customer also agrees to comply with applicable local rules or codes of conduct (including, if applicable, codes of conduct or policies imposed by employers) regarding online behavior and acceptable content. Use of the Services is void where prohibited. Customer will immediately notify Provider of any unauthorized use of Customer’s account or its User’s account or any other breach of security related to Customer’s account, its User’s account or the Provider Services. Customer and each User must “log off” at the end of each session. Provider is not liable for any loss or damage arising from Customer’s or its User’s failure to comply with any of the foregoing obligations. In consideration for using the Provider Services, Customer will: (a) provide certain current, complete and accurate information about Customer and Users when prompted to do so by the Provider Services, and (b) maintain and update this information as required to keep it current, complete and accurate. Customer agrees that Customer is solely responsible for the content of all visual, written or audible communications (“Content”) sent, displayed or uploaded by Customer or a User in using the Services. Although Provider is not responsible for any such communications, Provider may reject or remove any Content that violates a law or this Agreement. Customer or the User retains copyright and any other rights already held in Content that Customer or the User submits, posts or displays on or through, the Services, or any music or ring-tones Customer or a User uses in connection with the Service. Customer understands and agrees that by displaying, exchanging or uploading Content to a Provider website, transmitting Content using the Services or otherwise providing Content to Provider, Customer automatically grants (and warrants and represents that it has a right to grant) to Provider a world-wide, royalty-free, sub-licensable (so Provider affiliates, contractors, resellers and partners can deliver the Services) perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce and distribute the Content in the course of offering the Services, including, without limitation, on associated websites (“Sites”). Furthermore, Customer represents and warrants that it has all necessary consents and rights to transmit Content and other communications from its users to Provider.
12. RESPONSIBILITY FOR CONTENT OF OTHERS
Customer acknowledges that Users may violate one or more of the above prohibitions, but Provider assumes no responsibility or liability for such violation. If Customer becomes aware of misuse of the Services by any person, entity or organization, Customer agrees to contact Provider Customer Support at 800-922-6677 or email@example.com . Provider may investigate any complaints and violations that come to its attention and may take any action that it believes is appropriate, including, but not limited to, issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will Provider be liable in any way for any data or other content available on a Site or actions taken while using the Services, including, but not limited to, any errors or omissions in any such data, content or activity or any loss or damage of any kind incurred as a result of the use of, access to or denial of access to any data, content or activities on a Site. Provider does not endorse and has no control over what Users post, submit to or do on a Site. Customer acknowledges that Provider cannot guarantee the accuracy of any information submitted by any User of a Site, nor any personally identifiable information about any User. Provider reserves the right, in its sole discretion, to reject or remove content.
13. EMERGENCY 911 SERVICES
13.1. Service Limitations. The FCC requires that Provider provide E911 Service to all Customers who use Provider Services within the United States. Sections 13.2-13.8 apply to all Customers who use Provider Services within the United States. Section 13.9 applies to all Customers.
13.2. ACKNOWLEDGEMENT AND WARNING LABELS. CUSTOMER ACKNOWLEDGES THAT PROVIDER’S EQUIPMENT AND SERVICES DO NOT SUPPORT 911 EMERGENCY DIALING OR OTHER EMERGENCY FUNCTIONS IN THE SAME WAY THAT TRADITIONAL WIRELINE 911 SERVICES WORK. THE DIFFERENCES ARE DETAILED IN THIS SECTION 13, AND CUSTOMER AGREES TO NOTIFY ALL POTENTIAL USERS WHO MAY PLACE CALLS USING CUSTOMER’S SERVICES OF THE 911 LIMITATIONS DESCRIBED HEREIN. PRIOR TO THE INITIATION OF SERVICE, PROVIDER WILL PROVIDE CUSTOMER WITH WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING. CUSTOMER AGREES TO PLACE SUCH LABEL ON OR NEAR EACH TELEPHONE OR OTHER CUSTOMER-PREMISES OR USERPREMISES EQUIPMENT ON WHICH THE SERVICES MAY BE USED. IF ADDITIONAL LABELS ARE REQUIRED, CUSTOMER MAY REQUEST THEM FROM PROVIDER, AND PROVIDER WILL PROVIDE ADDITIONAL LABELS. PROVIDER WILL PROVIDE CUSTOMER WITH ADVISORY NOTICES REGARDING 911 EMERGENCY DIALING AND REQUEST ACKNOWLEDGMENTS FROM CUSTOMER. CUSTOMER WILL PROVIDE SUCH ADVISORY NOTICES TO ITS USERS. CUSTOMER AGREES TO RESPOND AND AFFIRMATIVELY ACKNOWLEDGE THAT PROVIDER HAS ADVISED CUSTOMER OF THE CIRCUMSTANCES UNDER WHICH E911 SERVICE MAY NOT BE AVAILABLE OR MAY BE LIMITED IN COMPARISON TO TRADITIONAL 911 EMERGENCY DIALING. CUSTOMER WILL PROVIDE SIMILAR ACKNOWLEDGEMENTS FROM ITS USERS UPON REQUEST BY PROVIDER. PROVIDER ADVISES CUSTOMER AND USERS TO MAINTAIN AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.
13.3. ELECTRICAL POWER. CUSTOMER ACKNOWLEDGES THAT THE SERVICES, INCLUDING WITHOUT LIMITATION E911 SERVICE, WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER.
13.4. INTERNET ACCESS. CUSTOMER ACKNOWLEDGES THAT THE SERVICES, INCLUDING WITHOUT LIMITATION E911 SERVICE, WILL NOT FUNCTION IF THERE IS AN INTERRUPTION OF CUSTOMER’S BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE.
13.5. NON-VOICE SYSTEMS. CUSTOMER ACKNOWLEDGES THAT THE SERVICES ARE NOT SET UP TO FUNCTION WITH OUTDIALING SYSTEMS SUCH AS HOME SECURITY SYSTEMS, MEDICAL MONITORING EQUIPMENT, TTY EQUIPMENT, OR ENTERTAINMENT OR SATELLITE TELEVISION SYSTEMS. PROVIDER WILL NOT BE LIABLE FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY THE SERVICES.
13.6. E911 SERVICE. E911 SERVICE IS A MANDATORY COMPONENT OF ALL INBOUND/OUTBOUND TRADITIONAL FAX AND VOICE SERVICE PLANS. E911 SERVICE IS NOT OFFERED ON VIRTUAL NUMBERS, OUTSIDE THE UNITED STATES, ON TOLLFREE NUMBERS OR ON SIMILAR SERVICE ACCESSORIES OR ADD-ON SERVICE PLANS. E911 SERVICE IS ONLY AVAILABLE IN SELECTED AREAS. E911 SERVICE IS TIED TO THE CUSTOMER’S REGISTERED SERVICE ADDRESS ASSOCIATED WITH THE ASSIGNED PHONE NUMBER; CUSTOMER IS RESPONSIBLE FOR PROVIDING PROVIDER WITH ADDRESS INFORMATION FOR CUSTOMER’S USERS. THE PROVIDER MOBILE APPLICATION USES THE DEVICE’S DIALER AND CELLULAR TELEPHONE SERVICE TO MAKE 911 CALLS. IF A DEVICE DOES NOT HAVE CELLULAR TELEPHONE SERVICE, THEN THE USER WILL NOT BE ABLE TO CALL 911 FROM THE PROVIDER MOBILE APPLICATION. CUSTOMER ACKNOWLEDGES THAT PROVIDER’S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE CUSTOMER’S OR USER’S REGISTERED SERVICE ADDRESS ASSOCIATED WITH THE ASSIGNED PHONE NUMBER. CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY PROVIDER WILL BE BASED UPON THE CUSTOMER’S OR USER’S REGISTERED SERVICE ADDRESS PROVIDED TO PROVIDER BY CUSTOMER. IN THE EVENT THAT THE REGISTERED SERVICE ADDRESS ASSOCIATED WITH THE ASSIGNED PHONE NUMBER IS INCORRECT, IS OUTDATED, OR IS NOT COMPLETE, A 911 CALL MAY BE ROUTED INCORRECTLY.
13.7. E911 SERVICE CHARGE. CUSTOMERS THAT ARE REQUIRED TO SUBSCRIBE TO PROVIDER E911 SERVICE WILL BE SUBJECT TO A MONTHLY E911 SERVICE CHARGE. THE MONTHLY E911 SERVICE FEE WILL BE IN ADDITION TO THE APPLICABLE SERVICE FEES FOR THE ASSOCIATED LINE. THE MONTHLY CHARGE FOR PROVIDER E911 SERVICE IS ASSESSED ON A “PER-LINE” (THAT IS, PER PHONE NUMBER BASIS), AND WILL BE SET AT A LEVEL THAT REIMBURSES PROVIDER FOR THE DIRECT COSTS IT INCURS IN PROVIDING PROVIDER E911 SERVICE, INCLUDING EXPENSES PROVIDER INCURS, EITHER DIRECTLY OR INDIRECTLY, IN THE FORM OF STATE, COUNTY OR MUNICIPAL E911 SURCHARGES, E911 AUTOMATIC LOCATION INFORMATION (ALI) DATABASE STORAGE, LINE INFORMATION DATABASE AND CALLER ID (LIDB/CNAM) EXPENSES, AND ANY OTHER TAXES OR SURCHARGES DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE PROVISION OF SERVICES TO CUSTOMERS SUBSCRIBING TO THIS SERVICE. PROVIDER RESERVES THE RIGHT TO ADJUST THE LEVEL OF CHARGES ASSOCIATED WITH THE PROVISION OF E911 SERVICES TO REFLECT INCREASES OR DECREASES IN THE COSTS IT INCURS.
13.8. E911 CHARACTERISTICS. CUSTOMER ACKNOWLEDGES THAT PROVIDER E911 SERVICE HAS CERTAIN CHARACTERISTICS THAT DISTINGUISH IT FROM TRADITIONAL, CIRCUIT-SWITCHED 911 SERVICE. THESE CHARACTERISTICS MAY MAKE PROVIDER E911 SERVICES UNSUITABLE FOR SOME CUSTOMERS OR USERS. BECAUSE CUSTOMER AND USER CIRCUMSTANCES VARY WIDELY, CUSTOMER SHOULD CAREFULLY EVALUATE ITS OWN CIRCUMSTANCES WHEN DECIDING WHETHER TO RELY SOLELY UPON PROVIDER E911 SERVICE. CUSTOMER ACKNOWLEDGES THAT IT IS CUSTOMER’S RESPONSIBILITY TO DETERMINE THE TECHNOLOGY OR COMBINATION OF TECHNOLOGIES BEST SUITED TO MEET CUSTOMER’S AND ITS USERS’ EMERGENCY CALLING NEEDS, AND TO MAKE THE NECESSARY PROVISIONS FOR ACCESS TO EMERGENCY CALLING SERVICES (SUCH AS MAINTAINING A CONVENTIONAL LANDLINE PHONE OR WIRELESS PHONE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS). THE FOLLOWING CHARACTERISTICS DISTINGUISH PROVIDER E911 SERVICE FROM TRADITIONAL, CIRCUIT-SWITCHED 911 SERVICE:
• E911 SERVICE WILL NOT FUNCTION IF CUSTOMER’S OR ITS USER’S DTA, PHONE OR VIDEOPHONE FAILS OR IS NOT CONFIGURED CORRECTLY OR IF CUSTOMER’S OR ITS USER’S PROVIDER SERVICE IS NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, ELECTRICAL POWER OUTAGE, BROADBAND OR OTHER INTERNET SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION OF SERVICE BECAUSE OF BILLING OR OTHER ISSUES. IF THERE IS A POWER OUTAGE, CUSTOMER OR THE USER MAY BE REQUIRED TO RESET OR RECONFIGURE THE EQUIPMENT BEFORE BEING ABLE TO USE THE PROVIDER SERVICE, INCLUDING FOR E911 PURPOSES. E911 SERVICE MAY NOT FUNCTION IF CUSTOMER OR A USER RELOCATES EQUIPMENT OR USES A NON-NATIVE TELEPHONE NUMBER, OR FOR ANY OTHER REASON BEYOND PROVIDER’S CONTROL.
• AFTER INITIAL ACTIVATION OF THE E911 SERVICE, AND FOLLOWING ANY CHANGE OF AND UPDATE TO CUSTOMER’S OR A USER’S PHYSICAL LOCATION, THERE MAY BE SOME DELAY BEFORE THE AUTOMATIC NUMBER AND LOCATION INFORMATION IS PASSED TO THE LOCAL EMERGENCY SERVICE OPERATOR. THIS INFORMATION IS TYPICALLY POPULATED INTO PROVIDER’S NOMADIC E911 DATABASES PRIOR TO SERVICE ACTIVATION, BUT NO GUARANTEE CAN BE MADE THAT THE AUTOMATIC NUMBER AND LOCATION INFORMATION WILL BE ACTIVATED WITHIN THIS SCHEDULE.
• THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING PROVIDER E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE PROVIDER E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORKCONGESTION ON THE PROVIDER NETWORK, THERE IS A POSSIBILITY THAT A PROVIDER 911 CALL WILL PRODUCE A BUSY SIGNAL, THE CALLER WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES OR THE LOCAL EMERGENCY SERVICE OPERATOR WILL TAKE LONGER TO ANSWER THE CALL THAN 911 CALLS PLACED VIA TRADITIONAL, CIRCUIT-SWITCHED TELEPHONE NETWORKS. IF CUSTOMER OR ITS USER DOES NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE THE PROVIDER EQUIPMENT WILL BE LOCATED AT THE TIME OF ACTIVATION OF THE SERVICE, PROVIDER E911 COMMUNICATIONS MAY NOT BE DIRECTED TO THE CORRECT LOCAL EMERGENCY OPERATOR.
13.9. E911 LIMITATION OF LIABILITY AND INDEMNITY. CUSTOMER AGREES THAT PROVIDER WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING A PROVIDER SERVICE OR TO ACCESS OR REACH AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS AGREEMENT. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER, ITS OWNERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS, AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER OR A USER IN CONNECTION WITH THE SERVICES, FROM ANY AND ALL CLAIMS, ACTIONS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) BY, OR ON BEHALF OF, CUSTOMER OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO 911 DIALING OR THE INABILITY TO ACCESS OR REACH EMERGENCY 911 SERVICES.
14. DISCLAIMER AND LIMITATION OF LIABILITY
PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR CUSTOM, WITH RESPECT TO THE SERVICES, EQUIPMENT, AND ANY OTHER PROVIDER PRODUCTS, SERVICES OR EQUIPMENT PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE IN A WORKMAN-LIKE MANNER, COMPLIANCE WITH LAWS, QUALITY, ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, SYSTEM INTEGRABILITY, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. PROVIDER DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE PRODUCTS, SERVICES OR EQUIPMENT PROVIDED WILL OPERATE UNINTERRUPTED, ERROR FREE OR WITHOUT DEGRADATION OR LOSS OF DATA, OR BE SECURE. NEITHER PROVIDER NOR ITS SERVICE PROVIDERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S OR A USER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY SUCH DATA IN PROVIDER’S POSSESSION, CUSTODY OR CONTROL, THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PROVIDER’S OR ITS SERVICE PROVIDER’S NEGLIGENCE. IN NO EVENT WILL PROVIDER OR ITS AFFILIATE, SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER, OR THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “PROVIDER PARTIES”) BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR ANY COST OF COVER OR LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THIS AGREEMENT OR A PROVIDER PARTY’S PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS HEREUNDER, A FAILURE OF OR A DEFECT IN THE SERVICES, EQUIPMENT OR ANY PRODUCT, A PROVIDER PARTY’S VIOLATION OF A THIRD PARTY’S RIGHT, OR A PROVIDER PARTY’S ACTS OR OMISSIONS. PROVIDER WILL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF, A FAILURE OF OR A DEFECT IN ANY PRODUCT OR SERVICE PROVIDED BY, OR VIOLATION OF ANY THIRD PARTY’S RIGHTS BY ANY THIRD-PARTY SERVICE PROVIDER, FACILITY OPERATOR OR CARRIER. THE PROVIDER PARTIES’ MAXIMUM TOTAL LIABILITY TO CUSTOMER WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE THREE (3) MONTHS PRECEDING THE DATE THE CLAIM ACCRUED. THE PROVIDER PARTIES WILL NOT BE LIABLE IN ANY WAY TO ANY USER.
Customer will defend the Provider Parties, at Customer’s expense, against any third-party claim or action, and indemnify and hold harmless the Provider Parties from any and all losses, damages, liabilities, penalties, settlement obligations, costs, attorneys’ fees and other legal expenses related to such third-party claim or action, arising from or related to: (a) Customer’s breach of this Agreement or an agreement between Customer and a third party; (b) Customer’s violation, infringement or misappropriation of the third party’s intellectual property or other rights in Customer’s use of the Services; (c) Customer’s violation of the third party’s privacy, publicity, personality or other rights; (d) Customer’s fraud in use of the Services or fraud or misrepresentation regarding the nature or volume of Customer’s traffic; (e) Customer’s violation of an applicable law; (f) bodily injury, death or property damage to the extent such claim or action arises from the negligence, gross negligence or willful misconduct of Customer, or in the case where strict liability applies; (g) Customer’s business, acts or omissions; or (h) acts or omissions by Users that, if done by Customer, would constitute a breach of this Agreement. Customer will not settle any claim or action without Provider’s prior written consent. Provider will have the option, at its expense, to participate in the defense or settlement of the claim or action with counsel of its own choosing. If a conflict of interests arises or exists between the parties or if Provider has a good faith belief that its rights are being harmed by the counsel selected by Customer, Provider will have the right to retain separate counsel to represent its interests at Customer’s sole cost and expense. Customer will not settle any claim without Provider’s prior written consent.
16.1. Equipment Purchase. If Provider sells any equipment to Customer, the terms of this Section 16 apply. All equipment shipments are Free On Board (FOB) Provider’s or Provider’s distributor’s facility. Provider’s liability for delivery will cease, and title (if applicable) and all risk of loss or damage will pass to Customer upon delivery to the common carrier for shipment. Customer shall be wholly responsible for insuring any products purchased from the time risk of loss or damage passes to Customer. Provider will pass through to Customer any warranty provided by the manufacturer of the equipment; PROVIDER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY EQUIPMENT.
16.2. Equipment Return Policy. Customer will be required to obtain authorization from Provider to return any equipment. Equipment returned by Customer that is not covered under warranty or that does not bear a return authorization number may be refused. Provider will not replace lost, stolen or modified equipment. Customer must pay all shipping and handling charges related to any equipment returns not covered under warranty. All returned equipment must be unmodified, in good working condition, in the original packaging and include all components, manuals, peripheral devices and all other accessories that were originally shipped with the equipment. Provider may decline Customer’s return or charge Customer an additional fee for each missing item or for each item that Provider reasonably determines is modified, damaged or not in good working condition. Customer must delete all data files stored on returned equipment. Customer acknowledges that any data remaining on returned equipment cannot be recovered, and Customer releases Provider of any liability for any lost, damaged or destroyed files, data or other information.
17. MOBILE APPLICATION
Provider may make a mobile application for the Services available to Customer. Subject to this Agreement, Provider grants to Customer a limited, personal, revocable, nonexclusive, non-transferable and non-sublicensable license to install and use the mobile application during the Term. Customer has no other rights in or to the mobile application. The mobile application is licensed, not sold. The terms of this Agreement apply to any updated, upgraded or new versions of the mobile application. Use of the mobile application constitutes use of the Services. Provider may require Users to agree to additional terms and conditions governing use of the mobile application, and Customer agrees that its Users will not be permitted to use the mobile application unless they agree to such terms and conditions. Customer agrees that from time to time and without notice Provider may amend, modify, update or upgrade the mobile application or create new versions of the mobile application. Customer agrees that Provider may automatically update the version of the mobile application that a User is using on a mobile device. Customer consents, on behalf of itself and its Users, to such updating on mobile devices. Updates may cause Customer or a User to lose data, and Provider will not be liable for such loss. Customer agrees that Provider has no obligation to provide support, maintenance or updates for or to the mobile application. To the extent the mobile application contains any third-party software, Customer’s and User’s rights and obligations with respect to such software will be subject to and governed by the third party’s terms and conditions. Provider does not make a representation or warranty that the mobile application will operate on any particular device or operating system. The mobile application is commercial computer software, and to the extent any U.S. government agency uses the mobile application, the U.S. government is only granted the limited rights granted to all other Provider customers. Provider is not a wireless licensee of the FCC, and the mobile application will not be able to provide access to E911 service unless Customer subscribes to wireless service that complies with the FCC’s E911 program, as further explained in Section 13.6.
18. INTELLECTUAL PROPERTY
The Services and Software, and all intellectual property therein, are and will remain the exclusive property of Provider. Provider reserves all rights not expressly granted under this Agreement. The Software may contain third-party software that is subject to the terms and conditions of third-party licenses. Neither Customer, Users nor any other third party has a right to inspect, possess, use, copy, or attempt to discover the source code of (or any portion of) the Software, except to the extent that Customer, a User or a third party is expressly permitted to decompile the Software under applicable law and Customer, the User or the third party notifies Provider in writing in advance of its intention to decompile the Software and its reason for doing so.
19. PORTAL UPGRADES; PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE
Provider may update the Customer and User portals, and Customer agrees that Service may be unavailable during the implementation of such updates. Upon expiration, cancellation or termination of the Services, Customer and Users will relinquish and discontinue use of any accounts, Numbers, voice mail access numbers, and/or web portal Sites assigned to Customer by Provider or its service providers.
20.1. NOTICES. Unless otherwise specified in this Agreement, any notice required or permitted to be given pursuant to this Agreement will be given in writing by overnight delivery service, sent via certified mail, return receipt requested, e-mailed, or delivered by hand, and such notice will be deemed to have been given and received when delivered or when delivery was refused, or with respect to electronic transmissions, at the time of transmission (unless the sender received a notice of transmission failure). Customer consents to receive all notices in electronic form, and Provider may send any notice to Customer at Customer’s latest physical address or e-mail address provided by Customer. Provider may, in addition to all other methods of giving notice, send any notice to Customer’s mailbox in Customer’s account on the Provider Customer Care Portal. Both parties agree that any agreements and notices made or provided by one or both parties in electronic form, and in accordance with this Agreement, are as legally binding as if made in physical written form. Customer must send all notices to Provider via e-mail in accordance with the following:
To report misuse or fraudulent use of Service: firstname.lastname@example.org
To submit a billing dispute: email@example.com
To terminate Service: firstname.lastname@example.org
All other notices: email@example.com
20.2. FORCE MAJEURE. Provider’s performance of any part of this Agreement will be excused to the extent that it is hindered by flood, fire, natural disaster, strike, riot, war, terrorism, hostile attack, governmental action, cable cuts, supplier shortages, breaches, or delays, Provider’s inability to perform as a result of actions or inactions of third parties, Customer, a User or Provider’s vendors, including, without limitation, Customer’s failure to provide or maintain a circuit with respect to an order for Service, or any other cause (whether similar or dissimilar to those listed) beyond Provider’s reasonable control (a “Force Majeure”). Provider may terminate the Services without liability if a Force Majeure hinders Provider’s performance for more than five (5) days.
20.3. NO CLASS ACTION. Customer irrevocably waives any right Customer may have to serve as a representative or as a private attorney general, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding against any Provider Party arising from, related to or connected with this Agreement or any Service Order.
20.4. BINDING NATURE AND ASSIGNMENT. Customer’s rights and obligations in this Agreement will not be assigned, delegated or otherwise transferred in whole or in part without the prior written consent of Provider. Except as part of the sale of all or substantially of the assets for Provider or the assignment of this Agreement, or any rights or obligations thereunder, to any of Provider’s affiliates (which will not require Customer consent), Provider’s rights and obligations in this Agreement will not be assigned, delegated or otherwise transferred in whole or in part without the prior written consent of Customer, which will not be unreasonably withheld. For sake of clarity, Provider may assign, delegate and transfer some or all of its rights and obligations under this Agreement to its affiliates. Except as otherwise expressly provided herein, this Agreement will inure to the benefit of, and will bind, the heirs, executors, personal representatives, administrators, successors and permitted assigns of Provider and Customer.
20.5. GOVERNING LAW. This Agreement and any related Service Orders will be governed by and construed according to the laws of the State of Indiana, without regard to its conflict of laws provisions. The U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
20.6. ARBITRATION. Any dispute or controversy arising out of or in connection with this Agreement or any related Service Order, or otherwise related to the Services, will be resolved by binding arbitration. The Federal Arbitration Act and federal arbitration law applies to this Agreement. The arbitration will be administered by the American Arbitration Association (AAA), conducted by one (1) arbitrator, and conducted in accordance with the AAA’s Commercial Arbitration Rules. The arbitration will be conducted in Cloverdale, Indiana. The language of the arbitration will be English. The parties’ briefs and other documents and the arbitrator’s findings and decision will be confidential unless required to be disclosed by law. Neither party may use any finding or decision of the arbitrator in existing or subsequent litigation or arbitration involving any other person, entity or organization. The arbitrator must have sufficient experience in the matter(s) at issue. The arbitrator’s decision will follow the plain meaning of the Agreement and will be final and binding. Neither party will have the right to appeal an error of law or fact. Each party will bear the cost of preparing and presenting its case. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. This agreement to arbitrate also requires Customer to arbitrate claims against other parties relating to Services or products provided or billed to Customer if claims are asserted against Provider in the same proceeding. Notwithstanding the foregoing, either party may bring suit in court to enjoin unauthorized access or trespass to its computer networks or any misappropriation, infringement or violation of its intellectual property rights. The arbitrator will have the exclusive power to rule on the formation, interpretation, applicability, validity or enforceability of this Agreement, including without limitation the validity or enforceability of this arbitration agreement. The arbitrator will not have the power to conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. If any dispute or controversy arising out of or in connection with this Agreement or any related Service Order, or otherwise related to the Services, cannot lawfully be resolved by arbitration, the complainant must bring any claim or action in the state or federal courts for Cloverdale, Indiana, and the parties waive any objection based on personal jurisdiction, venue or inconvenient forum.
20.7. ENTIRE AGREEMENT, AMENDMENTS, CONFLICT, SEVERABILITY, WAIVER, SURVIVAL. This Agreement, all documents referred to herein and any related Service Order executed by the parties constitute the entire agreement between the parties and supersede any and all prior agreements and rates between the parties with respect to the subject matter hereof. No additions, deletions or modifications to this Agreement or any Service Order will be binding unless (a) made in a writing signed by duly authorized representatives of both parties or (b) agreed to by the party to be charged by electronic means. In the event of a conflict between any of the terms and conditions of this Agreement and any Service Order, the terms and conditions in the Service Order will prevail. The parties are independent contractors. Nothing contained herein will be construed as creating any agency, partnership, or other form of joint venture or enterprise between the parties. If any provision(s) of this Agreement or any related Service Order is held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the parties further agree to substitute a valid provision that most closely approximates the economic effect of the invalid provision. The failure of either party to require performance by the other party of any provision hereof will not affect the right to require such performance at any time thereafter, nor will the waiver by either party of a breach of any provision hereof be taken to be a waiver of the provision itself. To the extent permitted by applicable law, the parties agree to and do hereby waive any applicable statutory or common law that may permit a court to construe a contract against its drafter. No claim or cause of action may be asserted against either party more than three (3) months after the time the facts giving rise to the claim or cause of action are discovered or should have been discovered. In the event a suit is brought or an attorney or collection agency is retained by Provider to enforce the terms of this Agreement or any Service Order, or to collect any monies due hereunder, or to collect money damages for breach thereof, Provider will be entitled to recover, in addition to any other remedy available at law or in equity, reimbursement for attorneys’ fees, court costs, collection costs, costs of investigation and other related expenses incurred in connection therewith. The terms and provisions contained in this Agreement and any related Service Order that, by their sense and context, are intended to survive the performance thereof by the parties hereto will survive the completion of performance and termination of this Agreement, including, without limitation, payment obligations, the limitations on damages and liability, ownership of intellectual property, and defense and indemnity obligations.
Effective November 13, 2017
1.2 APPLICATION OF CHARGES
1.3 SCHEDULE OF SERVICE CHARGES
1.4 PREMISE VISIT CHARGE
1.5 RETURNED CHECK CHARGE
1.6 RESTORATION OF SERVICE
1.7 LIFELINE/LINKUP PROGRAM
1.8 SEASONAL AND VACATION SERVICE
1.9 TOUCHTONE CALLING SERVICE
2.0 CUSTOM CALLING SERVICES
2.1 LOCAL DIRECTORY ASSISTANCE
2.2 TOLL RESTRICTION SERVICES
2.3 OPERATOR ASSISTED LOCAL CALLS
2.4 AUXILIARY LINE MILEAGE
2.5 CUSTOM LOCAL AREA SIGNALING SERVICES (CLASS)
2.6 DIRECTORY LISTINGS
3.0 BASIC LOCAL EXCHANGE SERVICE
3.1 LOCAL EXCHANGE RATES
3.2 EMPLOYEE TELEPHONE SERVICE
3.3 VERIFICATION AND EMERGENCY INTERRUPT SERVICE
4.0 EXTENDED AREA SERVICE
5.0 INTERSTATE AND INTRASTATE ACCESS SERVICE
5.1 SERVICE DESCRIPTION
5.2 STATEMENT OF CONCURRENCE IN INTERSTATE AND INTRASTATE ACCESS CHARGES AND RATES
6.0 CONCURRENCE IN IURC TARIFF NO. T-7
A customer’s record relating to his/her service or equipment billed to a telephone number.
1.1.2 Cancellation Charge
A charge applicable under certain conditions when the application for service and/or facilities is canceled in whole or in part prior to the completion of the work involved or before the contract period is completed.
“Commission” refers to the Indiana Utility Regulatory Commission.
1.1.4 Custom Local Area Signaling Services (CLASS)
Custom Local Area Signaling Services (CLASS) are enhanced services associated with Signal System Seven (SS7) technology. CLASS is furnished in connection with individual line service (private line).
1.1.5 Customer Premises Visit Charge
The Cooperative’s charge associated with a trip to the customer/applicant’s premises to comply with the customer/applicant’s request to establish, to add to, or to rearrange service.
1.1.6 Customer Premises Inside Wire
All wire within a customer’s premises, including connectors, jacks, and miscellaneous materials associated with the wire’s installation. Premises inside wire is located on the customer’s side of the Cooperative’s premises protector. By definition, customer premises inside wire excludes house, riser, buried, and aerial cable.
1.1.7 Customer-Provided Terminal Equipment
Devices or apparatus and their associated wiring provided by a customer, which may be connected to a communications path of the Cooperative’s exchange network either electrically, acoustically or inductively.
1.1.8 Demarcation Point
The point of interconnection between the Cooperative’s communications facilities and the terminal equipment, protective apparatus or inside wiring at a customer’s premises. The demarcation point is located on the customer’s side of the Cooperative’s protector or equivalent.
1.1.9 Directory Assistance Service
Directory assistance service is furnished to supplement the information available in the Cooperative directory, and to furnish telephone numbers to users who are not able to find the listing in their directory.
1.1.10 Directory Listing
The publication of the Cooperative’s directory and/or directory assistance records of information relative to a customer’s telephone number, by which telephone users are able to ascertain the telephone number of a desired party.
An applicant who otherwise qualifies for the immediate establishment of service may supersede the service of a customer discontinuing that service when the applicant is to take service on the premises where service is being rendered, and if a notice to that effect from both the customer and the applicant is presented to the Cooperative, and if an arrangement, acceptable to the Cooperative, is made to pay outstanding charges against the service. The Cooperative may require such notice to be in writing.
1.1.12 Early Termination Charge
A charge made to liquidate a customer’s obligations for termination of service prior to the expiration of the initial contract period.
The area established by the Cooperative for the administration of telecommunications service for which a separate local rate schedule is provided. The area usually embraces a city, town, or village and its environs, and consists of one or more central offices, together with associated plant facilities used in furnishing telecommunications services in that area.
1.1.14 Exchange Area
The area within which the Cooperative furnishes complete telephone service from one specific exchange at the exchange rates applicable within that area.
1.1.15 Exchange Service
Exchange service is a general term describing, as a whole, the facilities for local intercommunications, together with the capability to send and receive a specified or an unlimited number of local messages at charges in accordance with the provisions of the local exchange Tariff.
- Flat rate service: A classification of exchange service furnished a customer for which a stipulated charge is made regardless of the amount of use.
- Public telephone service: An exchange access line equipped with an instrument designed and placed for use by the public in general at locations chosen or accepted by the Cooperative.
- Semi-Public telephone service: An exchange access line equipped with an instrument designed for a combination of customer and public use at locations generally considered public in character.
1.1.16 Extended Area Service
“Extended Area Service” or “EAS” means telephone service permitting persons in a given exchange to place and receive calls from one (1) or more other exchanges at monthly flat or measured rates without being assessed toll message charges for each message.
1.1.17 Installation Charge
A nonrecurring charge associated with optional service features and may sometimes be called an “initial” charge, and may apply in addition to service connection charges.
1.1.18 Maintenance Service Charge
A nonrecurring maintenance charge applied when service difficulty or trouble results from the use of customer provided equipment or inside wiring.
1.1.19 Service Call
A visit to a customer’s premises in connection with a service difficulty. See also “Maintenance Service Charge.”
1.1.20 Service Charge
A nonrecurring, nonrefundable charge for work required to establish initial service or to make subsequent additions to, moves, or changes in that service.
1.1.21 Service Order Charge
The Cooperative’s charge associated with the receipt, recording and processing of information in connection with a customer’s or applicant’s request for service to be provided to the same account, at the same time and on the same premises or continuous property. Service Order Charges are further classified as either primary or secondary.
1.1.22 Termination of Service
The discontinuance of service or facilities provided by the Cooperative, either at the request of the customer or by the Cooperative under its regulations concerning cancellation for cause.
1.2 APPLICATION OF CHARGES
A. Service Charges are in addition to other rates and charges normally applied under these Prices and Rules and are applicable for all services furnished to the customer as indicated herein except as modified hereinafter. Such charges apply in addition to, and not in lieu of, Installation Charges or Construction Charges associated with unusual costs incurred to establish service.
B. The Service Charges specified herein are intended to cover costs incurred by the Cooperative to establish, to add to, or to rearrange service as requested by the customer.
C. The Service Charges in this Section are applicable to work performed during normal working hours, and/or on days of the week other than weekends or holidays. If the customer requests that work be performed at hours outside of the normal business hours (8:00 a.m. to 5:00 p.m.) or business week (Monday – Friday), or interrupts work once begun, an additional service call charge of $90.00 applies, plus any additional costs incurred by the Cooperative.
D. Except as otherwise provided in this Section, all changes in location of customer’s equipment or service from one premises to another are treated as new service connections and the appropriate Service Charges will be applied.
E. Except for installment payments, Service Charges may be required to be paid at the time of application for service, or upon presentation of a bill.
F. Service Charges are not applicable for:
- Moves or changes required for normal maintenance and repair of the Cooperative’s service.
- Change or correction in billing name and/or address when there is not a change in responsibility and no connection, disconnection, move or change in the service.
- An upgrade or conversion of service for Cooperative reasons.
- The connection of telephone sets or other terminal equipment when no line connection or central office access work is required.
- Telephone number changes for Cooperative reasons.
- When service is reestablished at any location within the same exchange after the destruction or partial destruction of the customer’s premises by means beyond the control of the customer. If service is established at a new location and the customer later moves back to the old location Service Charges apply in connection with reestablishment of service at the old location.
- When existing customers disconnect their Local Exchange Access Service.
- Blocking access to 900 Service, provided that the blocking is requested either at the time the telephone service is established at a new number.
- Blocking International calls from being placed from the home if this block is requested at the time of telephone installation.
G. Charges specified in this section do not apply to services furnished under the concurrence provisions found herein. Nonrecurring Charges for these services are included with the tariff provisions in which the Cooperative concurs.
1.2.2 Specific Application of Service Charges
A. Service Order Charges
- For requests to establish an account for initial connection of service.
- For connection of additional local exchange access lines, private lines or detached access lines to an established service.
- For changes and transfers of service involving a change in name and responsibility, except in the case of a surviving spouse who has established service.
- For restoration of service disconnected for non‑payment of telephone bills.
- For subsequent requests for service, for the restoration of service at the customer’s request, and for requests for change in class or grade of service.
- For service ordered while the customer has a pending service order and that service cannot be included on the pending service order.
- For additions, moves or changes of lines in the same building or in different buildings on the same premises.
- For requests to move or change Cooperative‑owned terminal equipment provided in connection with Semi‑Public Telephone Service.
- For requests to change a semi‑public pay line to a business line or a business line to a semi‑public pay line.
- For each telephone number changed at the customer’s request, including number changes to provide trunk hunting. No charge is applicable for a number change initiated by the Cooperative.
- When two or more segments of a local private line or detached access line are bridged in the central office. In this event, a Service Order Charge will apply for each segment of the affected line.
B. Customer Premises Visit Charge
- A Premises Visit Charge is applicable when a trip to the customer’s premises is required to complete work requested by a customer, as shown on the related service order.
- Only one Premises Visit Charge will apply in connection with the same service order. Except when more than one trip to the customer’s or applicant’s premises is necessary for Cooperative reasons, the charge will apply if additional trips are necessitated by a customer or an applicant request.
- A Premises Visit Charge is applicable when a trip to the customer’s premises is required to arrange for the connection of or change to customer-provided equipment
- A Premises Visit Charge is not applicable to complete disconnection of service or a change in service or facilities initiated by the Cooperative.
1.3 SCHEDULE OF SERVICE CHARGES
|A. Service Ordering Charges:|
|1. For connecting new or additional central office lines, per service order.||$100.00||$100.00|
|2. For moving or changing existing service and equipment or adding new or additional service and equipment other than central office lines, per service order.||$100.00||$100.00|
|B. Access Line Work:|
|1. Trip charge (during business hours)||$90.00||$90.00|
|2. Installation charge per jack||$35.00||$35.00|
|C. Move and Change Charge:|
|1. For rearrangement of drop wire and/or protector, a Service Order Charge and Premise Visit Charge as specified above shall apply.|
1.4 PREMISES VISIT CHARGE
When a customer trouble report requires a visit to the customer premises by a Cooperative repairman and it is found that the trouble is in the customer‑provided equipment, a non‑recurring Premises Visit Charge will apply whether or not the customer‑provided equipment or inside wiring is legally connected to the facilities of the Cooperative in accordance with the provisions of Section 11 of our Local Tariff. The Premises Visit Charge is also applicable when an employee is dispatched to a designated location to complete a customer service request for the installation, move or change of service or equipment.
1.4.2 Rates and Charges
- Customer trip charge is $90.00.
1.5 RETURNED CHECK CHARGE
The Cooperative will assess a charge for each instance where a check is returned or otherwise dishonored by a bank or equivalent business.
1.5.2 Rates and Charges
The Service Charge per occurrence is $25.00 plus any other charges assessed to the Cooperative by the financial institution and will be applied to each check returned due to insufficient funds.
1.6 RESTORATION OF SERVICE
When service is disconnected for a period of fifteen (15) days or less for non-payment of charges, the service will be restored upon payment of all past-due charges and a Reconnect Fee.
1.6.2 Rates and Charges
The business and residential rate for restoration of service (i.e. reconnect fee) is $75.00 if paid within fifteen (15) days of disconnection. More than fifteen (15) days after disconnection, a new service order charge will apply and a security deposit may be required, together with all unpaid past due charges, in order to reestablish service.
1.7 LIFELINE/LINK UP PROGRAM
1.7.1 Lifeline Terms & Conditions Endeavor offers Lifeline program-supported service to qualified low-income residential consumers for one telephone line or qualifying broadband internet access service (BIAS) per eligible household. The Lifeline program provides discounts to eligible low-income consumers to help them establish and maintain telephone service or qualifying BIAS Eligible consumers can receive $9.25 per month in discounts. In addition, the Federal Universal Service Charge is not assessed to consumers participating in Lifeline. Toll blocking prevents the placement of all long-distance calls for which a subscriber would be charged. Toll blocking is available to eligible consumers at no cost. Also, by choosing this option, consumers are usually not charged a deposit. 1.7.2 Lifeline Eligibility Information Program Based Eligibility Consumers are eligible for Lifeline if they, one of their dependents or their household participate in one of the following qualifying assistance programs:
– Federal Public Housing Assistance (Section 8)
– Supplemental Nutrition Assistance Program (SNAP)
– Supplemental Security Income (SSI)
– Veteran’s Pension and Survivor Benefit
Lifeline applicants must present documentation demonstrating eligibility either through participation in one of the qualifying federal assistance programs or through income-based means.
Acceptable documentation of program-based eligibility includes: current or prior year’s statement of benefits from a qualifying state, federal or Tribal program; notice letter of participation in a qualifying state, federal or Tribal program; program participation documents; or another official. Income Based Eligibility In addition, consumers are eligible for Lifeline if their household income is at or below 135% of the federal poverty guidelines. 2017 Federal Poverty Guidelines
|Household Size||48 Continuous States & D.C.||Alaska||Hawaii|
Acceptable documentation of income eligibility includes: prior year’s state, federal or Tribal tax return; current income statement from an employer or paycheck stub; social security statement of benefits; Veterans Administration statement of benefits; retirement/pension statement of benefits; unemployment/workmen’s compensation statement of benefits; federal or Tribal notice of letter participating in General Assistance; or a divorce decree or child support award or other official document containing income information. Lifeline Program Service Endeavor’s Voice Lifeline service includes unlimited local minutes-of-use within the toll-free calling area. Endeavor’s Voice Lifeline Plan does not include any free minutes-of-use for toll. Toll is billed at the standard toll rate depending on which interexchange carrier the consumer subscribes to for toll service. As part of the Lifeline service, Toll blocking is available to eligible consumers at no cost.
BIAS minimum speed and usage allowance standards are required for the service to qualify.
Lifeline recipients may transfer the Lifeline benefit to a new company once every sixty days for telephone service and once every 12 months for BIAS. Rates Subscribers may receive the Lifeline credit on any type or grade of local service, including bundled services that are normally offered by [Company]. Advertised rates do not include any applicable taxes or surcharges. Recertification of Lifeline Eligibility Lifeline recipients are required to recertify their eligibility annually. Failure to properly recertify a recipient’s continued eligibility for the Lifeline program will result in termination of the Lifeline recipient’s monthly Lifeline discount and de-enrollment from the Lifeline Program. Additional Lifeline Program Information The Lifeline program is limited to one benefit per household, consisting of either telephone or BIAS. A household is defined, for purposes of the Lifeline program, as an individual or group of individuals who live together at the same address and share income and expenses. Lifeline is a government benefit program, and consumers who willfully make false statements in order to obtain the benefit can be punished by fine or imprisonment or can be barred from the program.
1.7.4 Credit and Billing
New Customers: If you are a new applicant for service-Endeavor Communications reserves the right to process a credit check. Based on the credit check rating, your account is subject to a security deposit. In the event you are required to pay a deposit you may also be required to pay any installation fees prior to service.
Once service has been established for an applicant, the customer will be expected to adhere to the same bill payment policies expected of any other customer.
1.7.5 Local Exchange Service
The Cooperative will inform the applicant of the lowest priced options for basic local service. However, if the applicant chooses a higher grade of service, the service order will be issued for that service and the applicant will be billed for those additional services at the normal retail rate.
1.8 SEASONAL AND VACATION SERVICE
A. Upon written or verbal request to the Cooperative, a residential Customer may arrange for the temporary suspension of their service. Suspension of service is available on the customer’s complete service or on such portion thereof as can be suspended.
B. When the requested period of suspension is less than one (1) month, the regular charges for the full month of service shall apply.
C. When a complete or partial suspension is requested of more than one (1) month, a $100.00 restoral charge will apply.
D. Local or long distance service is not furnished during the period of complete suspension. At the request of the customer, incoming calls to a station at which service is suspended may be referred to the telephone of another station in the same exchange, providing facilities for referral are available
E. The charge for the total suspension period may be collected in advance.
F. There is no reduction in the charge for foreign central and foreign exchange line mileage during the period of suspension.
G. In connection with “Employee Telephone Service” the charge for service during the period of suspension is zero percent (0%) of the rate regularly charged for service.
H. Service may not be suspended for more than twelve (12) months of any consecutive twelve (12) month period. No more than three (3) suspensions shall be granted during any twelve (12) month period.
I. A one-time charge of $100.00 will be assessed for restoration of service. If certain equipment of the Cooperative must be removed from the subscriber’s premises in order to prevent damage, deterioration, or destruction of such equipment, one hundred percent (100%) of the regular Service Connection and Installation (nonrecurring) Charges will apply.
1.9 TOUCHTONE CALLING SERVICE
A. Touchtone Service is provided for the origination of telephone calls through the use of a touchtone pad instead of a rotary dial.
1.9.2 Rates and Charges
|A. Residence; per access line equipped||$12.86|
|B. Business; per access line equipped||$15.60|
2.0 CUSTOM CALLING SERVICES
A. Custom Calling Services are limited to those customers served by central offices arranged for this service and are furnished only in connection with individual line service.
B. Description of Features
- Call Forwarding Call Forwarding enables a station user to divert all incoming calls to another directory number. Call Forwarding is activated by first dialing a code, then the telephone number to which calls are to be directed. Activation, deactivation and the forward-to destination are controlled by the station user. While in the active state, a reminder tone is generated to the line with the Call Forwarding Service as each call is transferred. Calls may be transferred to a location outside of the Cooperative’s local calling area so long as the transferred to number does not exceed 16 digits in length. In such event, the transferred to number will incur toll charges.
- Call Forward Busy Incoming calls that occur while the phone is busy are forwarded to a previously assigned number.
- Call Forward No Answer When an incoming call isn’t answered, it is forwarded to a previously assigned phone number.
- Call Name & Number Delivery (Caller ID) This feature delivers both the caller number and name to a device at the customer’s home. The subscriber must have separate caller ID display unit (Customer Premises Equipment/CPE) for this feature to function.
- Call Waiting Call Waiting provides a burst of tone to inform a station user with a call already in progress that another call is waiting to be answered. The station user may answer the waiting call by hanging up or hitting the switch hook.
- Call Waiting ID If a customer has both Caller ID and Call Waiting, the customer name and number is delivered when an incoming call occurs when another call is already in progress.
- Cancel Call Waiting Cancel Call Waiting allows a station user, on a per‑call basis, to deactivate Call Waiting by dialing an access code.
- Remote Call Forwarding Remote Call Forwarding allows subscribers to activate their call forwarding feature from locations other than their base telephone to make forwarding changes.
- Three-Way Calling Three-Way Calling allows a station user to add a third party to the existing call, enabling a simultaneous conference between parties at multiple locations. If multiple parties of the conversation subscribe to this service, each may establish an additional line, to a maximum of six lines.
- Speed Calling Speed Calling 8 Code enables a station user to call a list of up to eight (8) preselected directory numbers by dialing one-digit codes instead of the directory numbers. Up to thirty (30) numbers may be accessed by a two-digit code with Speed Calling 30 Code.
- Teen Line/Alternate Number Teen Line/Alternate Number allows a second number to be assigned to a telephone line. When the second line is called, it will have a distinctive ring which lets you know which number was dialed.
- Warm Line Warm line enables a call to be automatically routed to a specified number if no digits are dialed within thirty (30) seconds after going off-hook.
- Voice Mail Voice Mail allows you to save messages and access them at any time from any phone.
- Simultaneous Ring Feature allows two separate lines to ring simultaneously when one number is called. For instance, if a subscriber has a business and residential phone in separate locations, with this feature both handsets will ring when the business number is called.
- Per Call+ Block and Bulk Blocking Long Distance Blocking is available to prevent unauthorized use of your telephone. It allows you to restrict the use of your phone for long distance calls with either the use of a PIN or with an on/off option.
- Intercept Message Charge When a customer moves and/or changes their phone number, a message can be played to incoming callers letting them know what number to dial to reach the customer.
- Rotary Hunting This feature allows business customers to assign numbers to a hunt group. When an incoming call is received on the Directory Number and this line is busy, the call rotates to the next number until it reaches an available line.
- Line Assurance If inside wiring issues affect the quality of the telephone service, the wiring will be fixed at no additional charge.
- International Block Callers from inside the home must dial a PIN number in order to dial an international call. Feature may also be such that all international calls are blocked from inside the home. This feature has no charge if requested at the time of the phone installation/order.
2.0.2 Rates and Charges
|Call Forward Busy||$2.00/month||$2.00/month|
|Call Forward No Answer||$2.00/month||$2.00/month|
|Call Name & Number Delivery (Caller ID)||$7.00/month||$7.00/month|
|Call Waiting ID||$0/month||$0/month|
|Cancel Call Waiting||$0/month||$0/month|
|Remote Call Forwarding||$0/month||$0/month|
|Teen Line/Alternate Number||$4.00/month||$4.00/month|
|Per Call 1+ Block or Bulk Block||$5.00/month||$5.00/month|
|Intercept Message Charge||$1.50/month||$2.50/month|
|International Block||$11.20 (if ordered|
|$11.20 (if ordered|
2.1 LOCAL DIRECTORY ASSISTANCE
A. Local directory assistance service is furnished to customers who request assistance in determining directory information.
B. No charge applies to visually handicapped or physically handicapped individuals who present a certificate signed by a physician or issued by an agency recognized by the State of Indiana as having the authority to certify the existence of such handicaps.
2.1.2 Rates and Charges
The Cooperative provides directory assistance services and the rates are as follows:
A. Local – 40¢ (Exchange or EAS)
B. Non-Local – 65¢ (Non EAS)
2.2 TOLL RESTRICTION SERVICE
A. Toll Restriction Service is an optional service that prevents the origination of unauthorized toll calls from a customer’s line, by means of blocking at the Cooperative’s central office.
B. This arrangement denies all outgoing calls starting with the digit “1” or “0”.
C. All local calls will be permitted from the customer’s line.
D. All local calls to directory assistance will be permitted, except those that require 1+ or 0+ dialing.
E. This service will not block all toll calls a customer might make or receive, such as collect calls and/or long distance calls placed by dialing digits other than “1” (i.e., 976, if available).
F. The customer accepts full responsibility for denial of access to the toll network.
G. The customer accepts full responsibility for collect calls and/or long distance calls placed by dialing digits other than “1” or “0”.
H. The customer holds the Cooperative harmless from any and all liabilities and/or damages which may be alleged or incurred by the use of toll restriction, acceptance of collect calls, and/or long distance calls placed by dialing digits other than “1” or “0”.
I. This service is available only where facilities permit.
2.2.2 Rates and Charges
A. The following rates and charges apply in addition to the established rates and charges for each access line
with which these features are associated.
|Business Monthly Rate||Residential Monthly Rate|
|Per Access Line:|
Toll Restriction allowing only local & 911 calls
*The monthly rate for Toll Restriction Service will be waived for applicants or customers qualifying for Lifeline/Link-Up Service, as long as the applicant or customer continues to qualify for these services.
2.3 OPERATOR ASSISTED LOCAL CALLS
2.3.1 Operator Assisted Charges
A. All types of Local Exchange Service have local calling areas as specified in Section 6 of our Local Tariff which are the areas that can be called on a flat rate basis (no charge for individual calls) or on a local coin call rate basis.
B. Local dial call: The call must be dialed and completed without the assistance of an operator and must be billed to the originating telephone when a charge is applicable.
C. Operator assisted calls are handled by interexchange carriers and charges are approved by the FCC and the Commission.
Service charges – Added to initial and additional minute charges for the following:
Customer Dialed Calling Card Station
Operator – Station Ask Operator to Place Call
Collect Calling Card (using rotary phone)
Third Number Operator – Person-to-Person
D. Charges do not apply for the following Operator Assisted Local Calls:
Calls to designated Cooperative numbers for official telephone business;
Emergency calls to recognizable, authorized, civil agencies such as 911; or
Those cases where an operator provides assistance to:
Re-establish a call which has been interrupted after the calling number has been reached;
Reach the calling telephone number where Cooperative-provided facility problems prevent customer dial completion; or,
Place a sent-paid call for a calling party who identifies himself/herself as being handicapped and unable to dial the call because of his/her handicap.
2.4 AUXILIARY LINE MILEAGE
Service no longer available. Existing customers have been grandfathered.
2.5 CUSTOM LOCAL AREA SIGNALING SERVICES
A. Custom Local Area Signaling Services (CLASS) are enhanced services associated with Signal System Seven (SS7). CLASS is furnished only in connection with individual line service exclusive of semi-public telephone service and business line service on which the Customer Premise Equipment (CPE) is a coin-operated instrument.
B. Description of Features
- Anonymous Call Rejection Anonymous Call Rejection allows a customer with Calling Number Delivery to block any incoming call which does not come through with an identifiable name or number.
- Automatic Call Back Automatic Call Back is an ongoing call management feature which will enable the subscriber to have the system redial the last number called from his/her station. This will apply regardless of whether the original call was answered, unanswered, or encountered a busy tone. The system will monitor the calling and called lines and will attempt to connect the call for up to 30 minutes. The activation of this feature can be canceled by the customer when desired.
- Automatic Recall Automatic Recall is an incoming call management feature which will enable a subscriber to find out who called them last. This will apply whether the incoming call was answered, unanswered, or encountered a busy tone. The subscriber can receive an announcement stating the Directory Number of the last incoming call if it is not a non-published number. This will allow the subscriber to decide if he/she wishes to proceed with the call or to drop the request.
- Calling Number Delivery Blocking Calling Number Delivery Blocking will allow the calling party to suppress a Directory Number such that the called party with Calling Number Delivery does not receive the information. The called party will receive a “private” message instead of the calling party’s Directory Number. Calling Number Delivery Blocking is provided to all subscribers on a per call basis at no charge. To activate this feature, there must be a two (2) digit code dialed prior to placing a call. Calling Number Delivery Blocking on a per line basis is also available for no charge. This feature blocks Calling Number Delivery on all calls without the necessity of dialing a code with each call. This feature is included with non-published numbers. Law enforcement agencies, domestic violence intervention agencies, and certain other governmental agencies may be granted Calling Number Delivery Blocking on a per line basis without charge, if requested, on a case-by-case basis at the Cooperative’s discretion. If the Cooperative and the agency cannot reach an agreement on such a request, the agency may submit the matter to the Indiana Utility Regulatory Commission for a
determination on the merits.
- Customer-Originated Trace Customer-Originated Trace allows the subscriber to initiate a trace on the last incoming call. The results of the trace will not be provided directly to the subscriber initiating the trace. The trace log will be printed at the Telephone Cooperative or at some designated law enforcement agency premises. The subscriber will contact this agency to determine further action to be taken. This type of trace is added to a subscriber line only with a subpoena or a police case number. The subscriber with this feature assigned as a station option will dial a two (2) digit activation code to activate the feature. The call will be traced automatically, and the originating Directory Number and the time the call was made will be forwarded to the predetermined location.
- Distinctive Ringing Distinctive Ringing is an incoming call management feature which will allow the subscriber to define Directory Numbers that will provide the subscriber with special incoming call treatment. Any incoming calls on this list will be indicated by a distinctive ringing pattern or a distinctive Call Waiting tone, if applicable. Terminating calls from telephone numbers which are not on the list, or which cannot be identified, will be given standard treatment.
- Selective Call Acceptance Selective Call Acceptance will allow subscribers to define a list of calling Directory Numbers that will be accepted. Any calling numbers not on that list will be routed to announcements and rejected. The calling party not on the acceptance list will receive an announcement stating that the call is not presently being accepted by the called party. Subscribers can review and change the list of accepted Directory Numbers as desired.
- Selective Call Forwarding Selective Call Forwarding will allow the subscriber to have certain terminating calls forwarded to a designated remote station. The activity will occur whenever a call is received from a telephone number which has been indicated on a list of numbers, referred to as the Selective Call Forwarding screening list. Terminating calls from telephone numbers which cannot be identified or have not been indicated on the list will be given standard terminating treatment.
- Selective Call Rejection Selective Call Rejection will allow the subscriber to define a list of, at a maximum of thirty-two (32), Directory Numbers to be screened. Any calling numbers on this list will be routed to announcements and rejected. All other calls will be treated normally. The calling party on the rejection list will receive an announcement stating the call is not presently being accepted by the called party.
- Intercom The subscriber can use the home phones as an intercom system by calling his/her own phone number. This rings other handsets until another person “answers” the phone. The two individuals in the home can then communicate via the phones.
2.5.2 Rates and Charges
|Per Line Monthly Rate|
2.6 DIRECTORY LISTINGS
Each member of the Cooperative received one white page listing at no charge. Each additional listing is $1.00/month. If a customer wishes not to have their phone number listed in the Directory, they must pay a $1.00/month fee for each non-listed number.
3.0 BASIC LOCAL EXCHANGE SERVICE
3.1 LOCAL EXCHANGE RATES
Basic Local Exchange Service is provided by means of station, wire, switching and other facilities, plant and equipment to enable the establishment of telephone communications between stations in the same or different exchanges at monthly rates as set forth below. The facilities, plant and equipment used to provide Basic Local Exchange Service are also used in the furnishing of toll telephone services at rates applicable for such services.
3.1.2 Base Rates
3.1.3 Local Calling Areas
|Exchange/NXX||Local Calling Area||Exchange/NXX||Local Calling Area|
|CLOVERDALE (795)||(528) EMINENCE||POLAND (986)||(795) CLOVERDALE|
|(879) GOSPORT||(859) PATRICKSBURG|
|(526) MT. MERIDIAN||(672) REELSVILLE|
|(672) REELSVILLE||REELSVILLE (672)||(795) CLOVERDALE|
|COATESVILLE (386)||(522) BAINBRIDGE|
|(539) AMO-CLAYTON||ATLANTA (292)||(675) TIPTON|
|(246) FILLMORE||(984) CICERO|
|EMINENCE (528)||(795) CLOVERDALE||PATRICKSBURG (859)||(939) CLAY CITY|
|(879) GOSPORT||(986) POLAND|
|(342, 349, 352) MARTINSVILLE||(828, 829) SPENCER|
|(526) MT. MERIDIAN|
|(537) PARAGON||(539) AMO-CLAYTON|
|MONROVIA (996)||(718,745) DANVILLE||(386) COATESVILLE|
|(539) AMO-CLAYTON||(246) FILLMORE|
|(342, 349, 352) MARTINSVILLE|
|(831, 834) MOORESVILLE|
|(272, 406, 837, 838, 839) PLAINFIELD|
|(821, 856) WEST NEWTON|
|VARIOUS INDIANAPOLIS PREFIXES|
(FULL LISTING IN DIRECTORY)
3.2 EMPLOYEE TELEPHONE SERVICE
A. Upon approval by the Cooperative, a full-time active employee living within the local exchange service area will be furnished Local Telephone Service, Extended Area Service (if available), all custom calling features and voice mail on one (1) line), High Speed Internet at lowest speed offered, and Expanded Basic Television service with High Definition and DVR or standard set-top box without charge, including any regular monthly rates and any Nonrecurring Service Charges for Basic Local Exchange Service subject to the requirements and conditions stated herein.
B. One primary listing is provided in accordance with Section A, above, and will be furnished only at one location and only when the telephone is located in the employee’s residence. Additional listings may be obtained at the employee’s expense. Such service must be in the name of the employee.
C. Employee Telephone Service as provided herein will not be applicable to:
- Long distance message telecommunications service;
- Foreign exchange service;
- Temporary suspension of service;
- Extension telephone sets and auxiliary equipment.
3.3 VERIFICATION AND EMERGENCY SERVICE
- The Cooperative furnishes Verification Service for the purpose of aiding subscribers with legitimate call completion problems. Upon request the operator will verify and provide the line status condition of a local subscriber line.
- A subscriber-originated request for verification of a local number other than an emergency agency number is a chargeable verification request. No charge applies if the line is out of order.
B. Emergency Interrupt Service
- The Cooperative furnishes Emergency Interrupt Service when a subscriber who has originated a verification request to a line which has been found to be busy informs the operator that an urgent or emergency situation exists and requests that the operator have the busy line cleared.
- A subscriber-originated request for emergency interrupt to a local number other than an emergency agency number is a chargeable Emergency Interrupt Service.
- The customer shall indemnify and save the Cooperative harmless against all claims that may arise from either party to the interrupted call or any person.
A. No charge will apply if the requesting customer identifies that the call is to or from an official public emergency agency. An official public emergency agency is defined as a government agency which is operated by the federal, state or local government, and has the capability and legal authority to provide prompt and direct aid to the public in emergency situations. Such agencies include the local police, state police, fire department, etc.
B. Charges may not be billed on a collect basis or on a third number basis to the number being verified or interrupted.
C. If the number verified is not in use, or as a result of interrupt the line is cleared, and, at the calling party’s request, the operator completes the call shall be charged as an operator-assisted call at the following rates:
- Busy line verification – per request – $6.00
- Busy line interruption – per request – $7.00
4.0 EXTENDED AREA SERVICE
The Cooperative offers extended area service, or EAS as defined in Section 1.1, to its customers in the local exchange and for the prefixes listed below.
|FROM CLOVERDALE TO||FROM MT. MERIDIAN TO|
|Mt. Meridian 526||Dial Directory Number||Cloverdale 795||Dial Directory Number|
|Eminence 528||Dial Directory Number||Coatesville 386||Dial Directory Number|
|Reelsville 672||Dial Directory Number||Eminence 528||Dial Directory Number|
|Poland 986||Dial Directory Number||Fillmore 246*||Dial Directory Number|
|Gosport 879*||Dial Directory Number||Amo-Clayton 539*||Dial Directory Number|
|FROM COATESVILLE TO||FROM PATRICKSBURG TO|
|Mt. Meridian 526||Dial Directory Number||Poland 986||Dial Directory Number|
|Fillmore 246*||Dial Directory Number||Clay City 939*||Dial Directory Number|
|Bainbridge 522||Dial Directory Number||Spencer 828, 829||Dial Directory Number|
|Amo-Clayton 539*||Dial Directory Number|
|FROM EMINENCE TO||FROM POLAND TO|
|Cloverdale 795||Dial Directory Number||Reelsville 672||Dial Directory Number|
|Monrovia 996||Dial Directory Number||Cloverdale 795||Dial Directory Number|
|Mt.Meridian 526||Dial Directory Number||Patricksburg 859||Dial Directory Number|
|Gosport 879*||Dial Directory Number|
|Martinsville 342, 349, 352*||Dial Directory Number|
|Paragon 537*||Dial Directory Number|
|FROM REELSVILLE TO|
|Cloverdale 795||Dial Directory Number|
|Poland 986||Dial Directory Number|
|FROM MONROVIA TO|
|Eminence||528*||Dial Directory Number|
|Danville||317-451*||Dial Directory Number|
|Amo-Clayton||317-539*||Dial Directory Number|
|Martinsville||765-342||Dial Directory Number|
|Mooresville||317-210*||Dial Directory Number|
|Plainfield||317-204*||Dial Directory Number|
|West Newton||317-455*||Dial Directory Number|
|Indianapolis||See detailed listing|
INCLUDING THE FOLLOWING INDIANAPOLIS PREFIXES
*NOTE: Some ranges of numbers in these prefixes may generate long distance charges. Call customer service for assistance. (Subject to change without notice.)
All Cooperative members in the Monrovia exchange must pay $5.75/month for Extended Area Services.
5.0 INTERSTATE AND INTRASTATE SERVICE
5.1 SERVICE DESCRIPTION
The Cooperative offers access services to interexchange carriers for the purpose of originating or terminating interstate and intrastate toll calls from or to its customers.
5.2 STATEMENT OF CONCURRENCE IN INTERSTATE AND INTRASTATE ACCESS CHARGES AND RATES
The Cooperative is an issuing carrier of the National Exchange Carrier Association’s (“NECA”) Tariff No. 5 and concurs in the rates and charges for interstate access service found in NECA Tariff No. 5. The Cooperative also concurs in Communications Corporation of Indiana’s Tariff IURC No. 5 for its intrastate access rates and charges.
6.0 CONCURRENCE IN IURC TARIFF NO. T-7
The Cooperative adopts and concurs in IURC Tariff No. T-7 for its terms of service, rates and charges for the following:
A. Indiana Universal Service Surcharge
B. Low income programs consisting Lifeline Assistance and Link Up Assistance
C. Dual Party Relay Services Surcharge
This Service Agreement (“Agreement”) constitutes your agreement with Endeavor Communications (“Endeavor”) for any Services, as defined by this Agreement, you subscribe to or receive from us, to the extent not governed by any governmentally-regulated tariffs or other written agreement between us, which tariffs or other agreement will supersede this agreement only concerning provisions that are not consistent with this Agreement.This Agreement is effective now for customers already subscribing to Services, or the date customers subscribe to Services on or after July 1, 2009.
This Agreement incorporates by reference our rates, charges, terms and conditions for Services as posted and amended from time to time, and appears on our Internet website www.weendeavor.com. If you do not have internet access to our website, you may request a written copy of these Prices and Rules by calling or writing to us at the telephone number and address on our bills.
Your subscription to, use of, or payment for Services constitutes your acceptance of this Agreement and our Prices and Rules Contact us at 1-800-922-6677 immediately to cancel Services if you do not agree to any part of this Agreement. If you cancel Services, you will be responsible for all usage charges and the pro-rata portion of all monthly recurring charges incurred prior to cancellation.
Changes to this Agreement
We reserve the right to change the terms and prices of the Services at any time, including this Agreement and the Prices and Rules incorporated in this Agreement. You will be provided written notice of changes in pricing and other terms and conditions relative to this Agreement in accordance with Section 9. The change will become effective on the date described in the notice. We will not provide notice to you regarding price decreases or the expiration of promotional pricing, offers, and terms. We will not provide notice of changes to applicable taxes or surcharges, unless required by law or regulation, but we may post such changes to the Prices and Rules page on our Website.
Your continued use of the Services after any change constitutes your acceptance of any such changes in the Prices and Rules. Your sole remedy for any changes made by us is your right to cancel the affected Service or terminate this Agreement.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION AND WAIVES ANY RIGHT TO TRIAL BY JURY TO RESOLVE CERTAIN DISPUTES AND OTHERWISE LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. You should carefully read all terms in this Agreement, including a Mandatory Arbitration of disputes provision.
“Company,” “we,” and “us” means Endeavor Communications and any successor to or affiliate of Endeavor to the extent such successor or affiliate provides Services to you under this Agreement.
“Prices and Rules” means the rates and descriptions, charges, or other terms and conditions applicable to Services in addition to the terms described here, incorporated by reference into this Agreement as posted to the Website or by requesting a copy from us by calling the 1-800-922-6677.
In the event of conflict between the terms and conditions of this document and the Prices and Rules, the terms and conditions of this Agreement govern. You agree that it is impractical to list in this document all of the Service descriptions, charges, and other terms applicable to all Services governed by this Agreement and that providing this information on our Website is a reasonable method of providing you with notice of the Prices and Rules.
“Service” or “Services” means all telecommunications and ancillary services we provide to you.
“Customer”, “you”, or “your” means any person or entity that requests or uses Services.
SERVICE PROVISION AND USE
Provision of Services
In our sole discretion, we may accept or reject your request for Services for any lawful reason. Before activation of any Service, we may check your credit; verify your identity; require a deposit, prepayment or other fee to establish or maintain Services; or require that you execute any authorizations and verifications we believe necessary. You must have and maintain satisfactory credit to receive and continue to receive Services.
If required, you will provide reasonable cooperation to enable us or our agents to install or repair the Services. You are responsible for damage to our equipment and Services located on your premises, excluding reasonable wear and tear or damage caused by us.
Use of Services
You agree to:
(A) ensure compliance with this Agreement by anyone you authorize to use the Services; (B) pay all charges for Services provided or used under this Agreement including, but not limited to, unauthorized charges incurred on calls placed from your premises; (C) ensure that your actions and equipment do not directly or indirectly interfere with our ability to provide Services to others, or the quality of such Services; (D) comply with all applicable laws and regulations when using our Services and not use our Services in an unlawful, fraudulent, destructive, or abusive manner, or allow others to do so, (E) not use Services in such a manner that causes interference with our or other users of our network, and (F) allow us, in our sole discretion and without liability to you, to place restrictions on use of your Services, and immediately (even during a call) disrupt, suspend, or terminate your Services without notice for violations, suspected violations, or to prevent violations of the terms of this
You understand that it may be possible for unauthorized third parties to monitor data traffic.
If you wish to secure your usage in connection with any Services, you have the obligation to obtain, at your own cost, encryption software or other transmission security protections. You assume full responsibility for the establishment of appropriate security measures to control or limit access to your information.
Acceptable Use Policy
If you purchase Services that connect to or flow over the Internet, you must conform to our Acceptable Use Policy posted on our Website.
Failure to Comply
If you fail to comply with any provision of this Section 3, you release us from all liabilities or obligations in connection with the affected Service and you will indemnify us for all costs or damages that we incur as a result of your non-compliance as described in Section 7 of this Agreement.
CHARGES AND PAYMENT
We will bill you for Services on a monthly basis based on the current Prices and Rules posted on the Website and listed in any written information we send you. You agree to pay these charges, including all applicable connection charges, usage charges, monthly fees, monthly minimums, other fees, surcharges, taxes and federal, state and local government or quasi-government imposed or permitted charges, including, but not limited to, charges related to E-911, state and federal Universal Service, Telephone Relay Service, payphone providers, Interexchange Carrier Charges and Federal Subscriber Line Charge. Taxes and government surcharges will be in the amounts that federal, state, and local authorities require or permit us to bill you. You agree to pay all taxes, surcharges, assessments, and other fees that are related to the Services and included on your bill, unless you are exempt from these payments and provide us documentary evidence of the exemption.
Any Recurring Charges for your Service listed in the Prices and Rules begin accruing when the Service to which the Recurring Charges are applicable is available for your use. You may be billed a prorated portion of any Recurring Charges in the initial month of service. Recurring Charges may be billed in arrears or in advance, depending on the Service, while monthly usage charges are generally billed in arrears. If your monthly charges net to $0, you may not be billed. Current billing information may be available in your account information accessible from our Website and will be available by calling our customer service number listed on your bill, and an additional fee may be charged for bill reprints.
You must pay all charges applicable to your Services, including all applicable taxes, fees, and surcharges, in U.S. currency within 17 days of the bill date. We may charge you late payment fees or interest on those charges equal to 10% of the first $3, and 3% of the remaining balance for all late payments. The interest will be applied to the entire unpaid balance. If we don’t receive your payment before the next billing cycle, you agree to pay any costs and expenses associated with our collections efforts, including attorneys’ fees. We may charge you an insufficient funds or returned check fee, up to the maximum rate allowed by law, if your check, bank draft, electronic funds transfer, or other order for payment is dishonored or returned for insufficient funds or any other reason. Our acceptance of late or partial payment (even those marked “PAID IN FULL”) and late payment charges will not constitute waiver of any of our rights to collect the full amount due under this Agreement.
Any mathematical error made by us or any of our representatives does not constitute an offer and may be corrected by us.
You are responsible for preventing any unauthorized use of the Services, and you are solely responsible for paying us for any charges resulting from unauthorized use of our Services.
Except as otherwise provided by applicable law, you must notify us of any disputes concerning any billed charges within 60 days of the date of the bill. You accept all charges not disputed within 60 days. We mutually waive all rights of subrogation against each other in connection with Services. To dispute a charge on your bill, you must follow the procedures in Section 8 of this Agreement.
Credit Check; Deposits; Credit Limits
Our provision of Service to you is subject to our approval of your credit. You give us permission to check and verify your credit as needed in our sole discretion. If we determine you are a credit risk at any time during your Service period with us, we may require you to submit a deposit or make an advance payment to us in a reasonable amount that we determine. If you fail to pay for Services when due, we may, without providing notice to you, apply your deposit or advance payment to the amount owed. If you refuse to make a deposit or advance payment or otherwise establish credit, we reserve the right to refuse to provide you Service subject only to applicable federal or state law. As we determine in our sole discretion and to the extent permitted by applicable law, we may set a credit limit on your account at any time. We may restrict the Services to which you have access if you exceed this credit limit.
TERMINATION OF SERVICE
Termination of Service by You
You may cancel Services at any time by calling the toll-free number on your bill; however, your continued subscription to, use of, or payment for Services after the cancellation date you give us will continue this Agreement for those Services. If you cancel a Service prior to the completed installation of that Service, you agree to pay all reasonable costs incurred by us in implementation of the Service before cancellation notice was received, as if the implementation of the order had been completed.
Termination or Suspension of Service by Us
To the extent permitted by the Prices and Rules and applicable law or regulation, we may terminate or suspend your Service with or without notice, depending on the circumstances, for any reason including for nonpayment of any amount owed to us, including late payment fees or disputed amounts that we determine were validly billed, and your violation of any limitation listed in Section 3 of this Agreement.
Termination of Payment
It may take up to 5 days to disconnect your Services. Regardless of the reason for disconnection, you must pay all charges incurred before our disconnection of your Service. You will be charged the full Recurring Charges for your Services for the month in which those Services terminate. Promotional credits or discounts may not be applied to your final bill. If you reinstate Services following cancellation or termination, we may require you to pay a reconnect fee or a deposit.
We will not be responsible for any delay, interruption, or other failure to perform under this Agreement due to acts beyond our control. Force majeure events include, but are not limited to natural disasters (e.g. lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; inability to obtain parts or equipment from third party suppliers; cable cuts or other facilities damage by third parties, and acts of third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; and any other cause beyond our reasonable control.
DISCLAIMER OF WARRANTIES
THE COMPANY PROVIDES ALL SERVICES “AS IS” AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES RELATED TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND YOU AGREE TO HOLD US HARMLESS FOR ALL SUCH PROBLEMS. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU AGREE THAT YOU WILL NOT RELY ON ANY SUCH STATEMENT.
LIMITATION OF LIABILITY
The Company is not liable for any damages arising out of or in connection with any: (A) act or omission by you, or another person or company; (B) provision or failure to provide Services, including deficiencies or problems with any equipment used in connection with the Services (for example, blocked calls, transmission failures, interruptions in Service, etc.); (C) content or information accessed while using our Services, such as through the Internet; (D) interruption or failure in accessing or attempting to access emergency services, including through 911 or otherwise, or (E) errors or omissions in any directory or database listings, including listings we provide to public safety answering points. IF, FOR ANY REASON, WE ARE FOUND TO BE RESPONSIBLE TO YOU FOR MONETARY DAMAGES RELATING TO ANY SERVICES OBTAINED THROUGH US AND IF THIS LIMITATION IS FOUND TO BE UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT ANY SUCH DAMAGES WILL NOT EXCEED THE PRO-RATED MONTHLY RECURRING CHARGES PAID BY OR OTHERWISE OWED BY YOU FOR THE AFFECTED SERVICES DURING THE AFFECTED PERIOD.
NO CONSEQUENTIAL OR OTHER DAMAGES
UNDER NO CIRCUMSTANCES IS THE COMPANY LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE, LOSS OF OPPORTUNITY, OR COST OF REPLACEMENT SERVICES.
You will indemnify and defend the Company, its directors, officers, employees, affiliates, subsidiaries, agents, and their successors and assigns from and against all claims, damages, losses, or liabilities, including reasonable attorneys’ fees, arising from or relating to any Service, or any act or omission by you related to any Service or any person you authorize or permit to use any Service, including incorrect or misleading information, libel, slander, invasion of privacy, identity theft, intellectual property infringement, and any defective Service.
All provisions of this Section 7 will survive and continue to apply after this Agreement is canceled or terminates.
If you have a dispute with the Company relating to any matter, you agree to first notify us at the telephone number or address shown on your bill in an attempt to resolve your dispute. You must describe your dispute with specificity and provide us with any supporting documentation. If we have a dispute with you, we will notify you in writing in an attempt to resolve the dispute. If after following this process, either party is unable to resolve its dispute within 60 days of notifying the other party, either party may take the dispute to small claims court, if appropriate under applicable state or local rules or laws. Alternatively, either party may pursue the dispute only as set forth below.
MANDATORY ARBITRATION OF DISPUTES
INSTEAD OF SUING IN COURT, YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST US. THIS INCLUDES BUT IS NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, AS WELL AS CLAIMS ARISING OUT OF OR RELATING TO OUR SERVICES, BILLING OR ADVERTISING, OR ARISING OUT OF OR RELATING TO EQUIPMENT YOU OR WE MAY USE IN CONNECTION WITH SERVICES. THIS REQUIREMENT TO ARBITRATE APPLIES EVEN IF A CLAIM ARISES AFTER YOUR SERVICES HAVE TERMINATED; AND APPLIES TO ALL CLAIMS YOU MAY BRING AGAINST OUR EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES;
THE FEDERAL ARBITRATION ACT, NOT STATE LAW, APPLIES TO THIS AGREEMENT AND ITS PROVISIONS AND GOVERNS ALL QUESTIONS OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. THIS PROVISION DOES NOT PREVENT EITHER YOU OR US FROM BRINGING APPROPRIATE CLAIMS IN A SMALL CLAIMS COURT HAVING VALID JURISDICTION, OR THE FEDERAL COMMUNICATIONS COMMISSION OR A STATE PUBLIC UTILITIES COMMISSION.
WE FURTHER AGREE THAT YOU WILL NOT JOIN ANY CLAIM WITH A CLAIM OR CLAIMS OF ANY OTHER PERSON(S) OR ENTITY(IES), WHETHER IN A LAWSUIT, ARBITRATION, OR ANY OTHER PROCEEDING. YOU AGREE THAT YOU WILL NOT ASSERT ANY CLAIMS AGAINST US IN ANY REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE, THAT NO CLAIMS WILL BE MADE OR RESOLVED ON A CLASS-WIDE OR COLLECTIVE BASIS, THAT NO ARBITRATOR OR ARBITRATION FORUM WILL HAVE AUTHORITY TO ACCEPT OR DETERMINE ANY CLAIMS ON A CLASS-WIDE OR COLLECTIVE BASIS, AND THAT NO RULES FOR CLASSWIDE OR COLLECTIVE ARBITRATION WILL APPLY. THIS PARAGRAPH AND EACH OF ITS PROVISIONS ARE INTEGRAL TO, AND NOT SEVERABLE FROM, THIS SECTION ON MANDATORY ARBITRATION OF DISPUTES.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitration will be filed with and the arbitrator will be selected according to the rules of the National Arbitration Forum (“NAF”), or, alternatively, as we may mutually agree.
Except as expressly provided in the preceding paragraph, the arbitration will be conducted by and under the then-applicable rules of NAF unless the parties agree otherwise. NAF rules can be found at http://www.adrforum.com. All expedited procedures prescribed by the applicable rules will apply. We agree to pay our respective arbitration costs, but the arbitrator can apportion these costs as appropriate. Notwithstanding any NAF rule to the contrary, an arbitration award is Final and binding and may only be reviewed in accordance with the terms of the Federal Arbitration Act. Judgment on the award may be entered in any court with jurisdiction. IF FOR ANY REASON, THE ABOVE PROVISIONS ON ARBITRATION ARE HELD UNENFORCEABLE OR ARE FOUND NOT TO APPLY TO A CLAIM, YOU AGREE TO WAIVE TRIAL BY JURY. If you file a judicial or administrative action asserting a claim that is subject to arbitration and the Company successfully stays such action or compels arbitration, you agree to pay us costs and expenses incurred in seeking such stay or compelling arbitration, including attorneys’ fees.
Except as expressly provided above, if any portion of this Mandatory Arbitration of Disputes section is determined to be invalid or unenforceable, the remainder of the section remains in full force and effect.
No Waiver of Rights
If either you or we fail to enforce or waives any requirement under this Agreement that does not waive that party’s right to later enforce that requirement in the future.
Limitation on Third Party Beneficiaries
This Agreement does not give any third party a remedy, claim, or right of reimbursement.
If any provision of the Agreement is found to be unenforceable, the Agreement’s unaffected provisions will remain in effect and the parties will negotiate a mutually acceptable replacement provision consistent with the parties’ original intent.
You may not assign this Agreement to any other person or entity without our prior written approval. We reserve the right to assign or transfer all or part of our rights or duties under this Agreement without notifying you.
You must provide notices to us as described in the applicable sections of this Agreement. When we receive notice from you via telephone, such notice will be effective on the date we received your call, as shown by our records. We may provide you notice as required under this Agreement in at least one of the following ways: postcard or letter mailed to the most recent address on your account, bill messages, bill inserts, email notification to an address provided by you, posting on the Website, call to your billed telephone number and speaking to you or leaving a message, or any other reasonable method of notice.
This Agreement will be governed by the laws of the state of Indiana except that the arbitration provisions in Section 8 will be governed by the Federal Arbitration Act to the extent applicable.
The terms and conditions of this Agreement that by their sense and context are intended to survive the expiration of this Agreement will survive.
If a conflict exists between or among provisions within this Agreement, including all referenced documents and the Prices and Rules at the Website, specific terms will control over general provisions.
This Agreement, including the Prices and Rules on our Website, the Acceptable Use Policy on our Website, and all other referenced documents, constitutes the entire agreement and understanding between you and the Company. No written or oral statement, advertisement, or Service description not expressly contained or referenced and incorporated into this Agreement will be allowed to contradict, vary, explain, or supplement this Agreement.
Terms and Conditions of Services
Effective as of June, 2017 until replaced
These terms and conditions are part of your agreement with Clay County Rural Telephone Cooperative
ENDEAVOR COMMUNICATIONS FOR WIRELESS PHONE SERVICES
If you activated your Endeavor Communications Wireless Phone Services before the effective date of these terms and conditions, these terms and conditions replace and supersede any previous terms and conditions. The terms and conditions included with your mobile phone may not be the most current version. For the most current version of the terms and conditions, please visit our website at www.weendeavor.com or call Customer Care at 1.800.922.6677.
- Agreement. Your agreement (“Agreement”) with Endeavor Communications and any of its representatives doing business as Endeavor Communications providing Endeavor Communications Services (“Services”) to you is made up of these Terms and Conditions of Service (“Terms”) and the Service Plan we agree to provide you. Your “Service Plan” is described in our marketing materials and includes the rates and features we set for that Service Plan. We use the words “we,” “us,” “our” or “Endeavor Communications ” to refer to Endeavor Communications. Endeavor Communications Services are provided utilizing either the Sprint PCS® Network or the Verizon Wireless® Network (“Network”). You accept the Agreement and Terms when you do any of the following: (1) sign a contract with us on paper or electronically; (2) tell us orally or electronically that you accept; (3) activate Services or attempt to use our Services (including, without limitation, attempting to place a call on the Network or off the Network when roaming, including “911” or similar calls); (4) pay for the services; (5) open any package or start any program that says you are accepting the Agreement when doing so; and (6) use your service after making any change or addition after you have been informed that continued use of the new or modified service will mean you have given us your acceptance.
- Provision of Service. Your purchase of equipment from us does not mean that we must provide Services to you. We may decide not to provide Services to you for any lawful reason. We may request that you provide us with any information we reasonably require to determine whether you qualify for Services. Services in some areas are managed and provided under contract by independent affiliates of either Verizon Wireless® or Sprint PCS® with access to the Network. Some Services may not be available or may operate differently in certain Verizon Wireless® or Sprint PCS® affiliate markets.
- Credit Verification. If you are making payments on your Service Plan by credit card, you must have and maintain a valid credit card to receive and continue to receive Services. We will verify that your credit card is valid before agreeing to provide Services to you and we may verify that your credit card is valid at any time while we provide Services to you. Credit card verification may include a review of credit reports that we receive from commercially available credit bureaus. If at any time we determine, in our sole discretion, that payment for Services may not be made when due, we may suspend Services to your phone and require that you provide payment on your account or a guarantee of payment before we resume Services to your phone.
- Changes to Agreement. We may change this Agreement at any time (but see Service Plan). Any changes to the Agreement are effective when we publish them on our website www.weendeavor.com. We will give you thirty (30) days prior notice, either in your monthly bill or separately, of any material change to this Agreement. If you use our Services on or after the effective date of the changes or make any payment to us (for services not already rendered prior to the effective date of the changes) on or after the effective date of the changes, you accept the changes. If we change a material term of the Agreement and that change has a material adverse effect on you, you may terminate the Agreement without an early termination fee by calling 1.800.922.6677 within sixty (60) days after we send notice of the change. You understand and agree that taxes, Universal Service fees and other charges imposed by the government or based on government calculations may increase or decrease on a monthly basis, and that this paragraph does not apply to any increases in such taxes, Universal Service fees and other charges.
- Service Plans. Endeavor Communications offers two (2) year Service Plans.
- Service Plan. A fixed Service Plan contractually binds you to obtain Services from Endeavor Communications . We may offer non-identical Service Plans to different individuals or entities. Services and coverage under some Service Plans may be more limited as compared to other Service Plans. Your Service Plan sets out the charges for Services and is your Service Plan until that Service Plan is changed, you switch to a different Service Plan, or your Services terminate. Your Service Plan may require that you make a deposit, prepayment, or a series of deposits or prepayments, or be subject to an account spending limit, before Services are activated or maintained. If you are on a Service Plan, your ability to change to another Service Plan may be limited and we may require you to pay a termination fee as set out in the Termination sections of the Agreement. Any change is effective at the start of your next full billing cycle unless otherwise specified by us at the time that you place your change order. If you change or add a different Service Plan or service feature and the change is effective prior to the start of your next full billing cycle, you will be billed a prorated amount for the period during the previous billing cycle that the new Service Plan or service feature was effective. We may require a service charge for implementing any change directed by you to your Service Plan or optional service features you select.
- Use of Services and Equipment; Availability. You must be at least 18 years old to subscribe to our Services. We may require you to provide proof of your age and identity. Services and equipment may not be used for any unlawful, fraudulent or abusive purpose. By requesting Services, you agree that you will not use Services and equipment in any unlawful, fraudulent or abusive manner. You may not resell or lease Services or equipment to anyone. Services are available within the operating range of the Network as depicted in our coverage maps. Coverage and quality of Services may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions. We do not guarantee that there will be no interruptions or delays in Services. Your Endeavor Communications phone will not accept the services of any wireless provider other than Endeavor Communications (but see Roaming).
- Number. We assign a phone number (“Number”) to the phone or other equipment used by you on the Network. We may change the Number by giving you prior notice. You do not own the Number. Except for any legal right you may have to port/transfer your Number to another carrier, you may not: (1) modify the Number we program into any phone or other equipment; (2) transfer or duplicate the Number to any phone or other equipment other than that authorized by us or as expressly allowed by the rules and regulations of the Federal Communications Commission regarding number portability; or (3) transfer the Number to any other individual or entity without our permission. If you port or transfer Your number from [Brand] You will not be able to use our Service for that Number, but You will remain responsible for all fees and charges outstanding on Your Service Plan.
- Phone Activation Fee. You may be required to pay a non-refundable phone activation fee when you activate a new handset, have us switch a Number to a different phone, or we activate a different phone on your existing account. Details on any applicable phone activation fee are set out in your Service Plan or can be obtained by calling Endeavor Communications Customer Care at 1.800.922.6677.
- Charges. You must pay, by each invoice date, all charges for Services provided to the Number for each phone or other equipment that our records show you activated no matter who actually uses or has possession of the phone or other equipment at the time Services are provided. These charges include, but are not limited to, recurring monthly service charges, applicable local and long-distance toll charges, usage charges, and connection fees, roaming charges, directory assistance, and call completion charges, optional features you select at an extra cost, and taxes and other regulatory related charges. Charges for a completed call from your Number that is dialed manually begin when you press the TALK (or similar key) and end when the call is terminated by either party. You are invoiced for these completed calls from your Number from the time shortly before the phone starts ringing until the call is terminated by either party. Charges for most Services are incurred in one-minute increments, with partial minutes of use rounded up to the next highest minute. Certain Service Plans do not include itemized message transmission detail, even for measured service. Most Services are billed to your account at a flat rate on a recurring monthly basis and you do not receive itemized message transmission detail on them.
- Billing. Billing cycles are approximately 30 days in length. Billing cycles and dates may change from time to time. Except as otherwise provided in your Service Plan, monthly recurring charges (MRCs) are billed one billing cycle in advance. Airtime is billed for your total usage in excess of your monthly Service Plan allotment and/or for calls outside the Network. Excess charges for Services are usually billed to your account as soon as possible after the charges accrue.
- Payment. If you have authorized payment for Services or equipment by credit card or by debiting a bank account, no additional notice or consent is required before we invoice your credit card or debit your bank account, for all amounts (including any late charges, taxes or other regulatory related charges) due to us or billed by us on behalf of a third party. You must promptly notify us of any change in your address, the credit card used for payment, or the bank account used for bank debits. If we take action to receive payment beyond billing you for charges for Services or equipment, you must pay our costs and expenses of collection, including attorneys’ fees and expenses, the fees of any collection agency and court costs.
- Disputed Charges. You must raise any dispute that you have about any charges billed to your credit card or bank debit account within fifteen (15) days of the date of the credit card or bank debit account statement or you have accepted the charges. You may notify us of any dispute by calling Endeavor Communications Customer Care 1.800.922.6677. Calls to our sales or general business offices are not notice of a dispute. You do not have to pay any properly disputed amounts while we investigate them; however, you must pay amounts not in dispute by the due date.
- Termination. Service Plan. If you are on a Service Plan: (1) your ability to terminate Services before the end of the term is limited;(2) your ability to change to another Service Plan before the end of the term may be limited and may result in a termination and/or activation fee; (3) you may be required to pay a termination fee as liquidated damages and not as a penalty; (4) we may not terminate Services without cause before the end of the term; and (5) if we terminate Services for cause before the end of the term you may be required to pay a termination fee as liquidated damages and not as a penalty. No termination fee is charged if you terminate your Service Plan within five  days of activation of your Endeavor Communications phone. You will only be billed the activation fee and the pro-rated portion of the monthly service fee. During the term of this Agreement we must give each other notice to terminate Services. At the end of your term, your Agreement automatically changes into a “Month to Month” Service Plan. At and after the expiration of the original term, you may terminate Services at any time by giving us notice and we may, subject to this Agreement, terminate Services at any time, with or without notice. If either party terminates the Agreement after the original term has expired, you agree to pay that month’s recurring charges and all other charges due and owing on your account. You also agree that you will not receive a credit or refund for any unused minutes for that month’s billing cycle. No termination fee is assessed if you terminate your Month to Month Service plan with us. Certain restrictions may apply.
- Termination. General. We may, without notice, terminate or suspend Services to you without liability at any time: (1) if you breach any provision of this Agreement (including if you fail to pay any charges for Services); (2) if you fail to pay any charges due us for equipment or otherwise; (3) if you incur charges in excess of a billing limit (even if we have not yet billed the charges); (4) if you harass or threaten our employees or agents; (5) if you provide false information to us; (6) if you interfere with our operations; or (7) if we believe the action protects our customer’s interests or our network. If you promptly cure the breach, we may, but are not obligated to, reactivate Services to you. You must pay all charges for: (1) Services provided before termination of a Number; and (2) equipment, regardless of who terminates Services.
- Deposits. If we require a deposit for you to establish or keep Services, we will hold the deposit as partial guarantee of payment for Services. We may change the deposit at any time to reflect revised estimated monthly charges based upon your usage. A deposit may not be used to pay any bill (unless it is used to pay a final bill) or delay payment. The deposit amount, the length of time we hold the deposit and changes to the deposit amount are determined based on your credit and payment history. The rate of interest on the deposit is subject to change. We may mix deposits with our other funds. If Services are terminated for any reason, we may, without notice to you, apply your deposit toward payment of outstanding charges and any excess will be returned to you at your last known address, within seventy-five  days after termination of Services. If the U.S. Postal Service cannot deliver the money to you and returns it to us, we will hold it for you for one (1) year from the date of return and we may charge a monthly servicing fee against the deposit balance. Any money held during this one year period will not accrue interest for your benefit. You forfeit any portion of the money left after the one (1) year period.
- Taxes and Other Regulatory Related Charges. We bill you for taxes, regulatory related obligations and other charges levied by federal, state or local authorities, or foreign government on Services, or mandated to be paid in proportion to receipts from telecommunications services provided, or on sales of equipment (except for taxes based on our net income), if we pay these taxes or other regulatory related charges. Taxes, regulatory related charges and charges not directly paid by us are not billed to you, but payment to the taxing or levying authority of any applicable taxes, regulatory related charges and charges due from you are your responsibility. If you claim any tax exemption, you must provide us with a valid tax-exempt document. Any tax exemption applies only from the date we received a valid tax-exempt document.
- Roaming. Calls made outside of the Network are “roaming” calls. Your phone is specifically designed and engineered to work on the Network and on other providers’ systems only when roaming agreements are in place between either Verizon Wireless® or Sprint PCS ® and the other providers. Certain features are not available when roaming. When roaming, you are subject to the limitation of liability provisions and other applicable rules imposed by the roaming service provider on its own subscribers or on roamers. Included minutes apply to calls placed and received on the Network. Roaming rates apply to calls placed and received outside the Network. Long distance charges for calls received while roaming are calculated from your home area code to the location where you received the call. Due to delayed reporting between carriers, usage may be billed in a subsequent month and will be charged as if used in the month billed. If during any two consecutive months your minutes of use on other carrier networks exceeds fifty- percent (50%) of the minutes included in your service plan, we may, at our option, terminate your service, deny your continued use of other carriers’ coverage or change your plan to one imposing additional usage charges for roaming. We will provide notice that we intend to take any of these actions and, upon receipt of such notice, you may terminate this Agreement.
- Unlimited Voice Services. Unlimited voice services are provided solely for live dialog between two individuals. Unlimited voice services may not be used for conference calling, call forwarding, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which do not consist of uninterrupted live dialog between two individuals. If we find that you are using an unlimited voice service offering for other than live dialog between two individuals, we may, at our option, terminate your service or change your plan to one with no unlimited usage components. We will provide you with notice that we intend to take any of the above actions, and you may terminate the Agreement.
- Unlimited Data Services. Prohibited Uses. We reserve the right to limit or suspend any heavy, continuous data usage that adversely impacts our network performance or hinders access to our network. Examples of prohibited uses include the following: (i) server devices or host computer applications, including, but not limited to, continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing; (ii) as a substitute or backup for private lines or dedicated data connections; (iii) “autoresponders,” “cancel-bots,” or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iv) “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (v) any activity that adversely affects the ability of other people or systems to use either our Service or other parties’ Internet-based resources, including “denial of service” (DoS) attacks against another network host or individual user; (vi) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity’s network or systems; or (vii) software or other devices that maintain continuous active Internet connections when a computer’s connection would otherwise be idle or any “keep alive” functions.
- Interruption of Service. We may give credit for a continuous interruption of Services for more than twenty-four (24) hours on a case-by-case basis. Interruptions caused by your negligent or willful actions, or by failure of equipment or service not provided by us, or by causes beyond our reasonable control, do not qualify for credit. We may provide you with an airtime credit of one minute for a call that is disconnected because of transmission limitations caused by atmospheric, geographic or topographic conditions and that you redial within one minute of disconnection. You must notify us within 24 hours of the disconnection to obtain credit.
- Phones and Other Equipment. Phones and other equipment may be purchased and returned as provided in the purchase documents. We are not the manufacturer of the phones or other equipment and the only warranties on the phones or other equipment are limited warranties extended by the manufacturers.
- Lost or Stolen Equipment. If your phone or other equipment is lost or stolen, you must notify us by calling Endeavor Communications Customer Care at 1.800.922.6677. You are responsible for all charges for Services provided to the Number for the lost or stolen equipment before you notify us of the loss or theft. We will deactivate Services to the Number upon notification to us of any loss or theft. You may be required to provide evidence of the loss or theft (e.g., a police report or affidavit). If the equipment is later found, we may require that you exchange it for another phone or other equipment before we reactivate Services (if we elect to reactivate Services), as well as require you to pay a reactivation fee. We will deactivate Services to any Number without prior notice to you if we suspect any unlawful or fraudulent use of the Number. You agree to reasonably cooperate with us in investigating suspected unlawful or fraudulent use.
- Caller ID. If you do not want people you call to receive the Number assigned by your phone, you must call Endeavor Communications Customer Care at 1.800.922.6677 for information about automatic Caller ID blocking. The Number assigned to your phone can be blocked on a per-call basis by dialing *67 + Destination Number + TALK. Caller ID delivery resumes on the next call you make. Caller ID display on incoming calls to your Number is dependent on receiving the information from the calling party.
- Pay-Per-Call Service. We will not complete calls from your Number to 900, 976 and similar numbers for pay-per-call services.
- International Calling. You may be limited in the international destinations that you can call with your Endeavor Communications Service. Calls to international destinations are not included in your Service Plan and will be billed separately on a monthly basis. You should call Endeavor Communications Customer Care at 1.800.922.6677 for information about international destinations that cannot be called from your Endeavor Communications phone.
- Customer Proprietary Network Information (CPNI). Federal law protects your privacy rights as a customer of Endeavor Communications . Customer Proprietary Network Information (CPNI) is information we possess solely due to the customer-carrier relationship that is necessary for us to serve your telecommunications needs. CPNI is defined by the Federal Communications Commission as information that relates to the quantity, technical configuration, type, destination and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier and that is made available to the carrier by the customer solely by virtue of the carrier-customer relationship; and information contained in the bills pertaining to telephone exchange or toll service received by a customer of a carrier. CPNI does not include information that is in the public domain or available from other sources (i.e., census data, subscriber list information, published directory information).
Unless you specifically authorize its use, we may not use CPNI to market our services that are unrelated to the services to which you currently subscribe. We will not share CPNI with any other company, including our affiliate companies, unless you are also a customer of our affiliate, or unless you have provided authorization.
CPNI can be used by us for certain purposes without your permission. We may use CPNI to offer you new or enhanced services that are related to the category of services to which you currently subscribe. We may also use CPNI to respond to your inquiry regarding services you use or related services we offer. We may also use CPNI in repair and maintenance services, billing and collection, to protect company property, and to prevent fraud.
We take measures to discover and protect against attempts to gain unauthorized access to your CPNI. In so doing, we authenticate a customer prior to disclosing CPNI based on customer initiated telephone contact, online account access, or an in-store visit.
We value our relationship with our customers and are committed to respecting and protecting your privacy.
- Limitation of Liability. Except as otherwise provided in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide Services (including mistakes, omissions, interruptions, delays, errors or defects) will not exceed:
(1) in cases related to a specific piece of equipment, the prorated MRCs for Services to the piece of equipment during the affected period; or (2) in cases not related to a specific piece of equipment, the prorated MRCs for the Services to you during the affected period. We are not liable for any damage arising out of or in connection with:
a) Any act or omission of any telecommunications service or other service provider other than us;
b) Any directory listing;
c) Any dropped calls;
d) Any interruption of Services, including interruptions caused by equipment or facilities failure or shortages, transmission limitation or system capacity limitations;
e) Traffic or other accidents, or any health-related claims allegedly arising from the use of Services, phone, equipment or accessories used in connection with the Services;
f) Any late or failed message delivery;
g) Any interruption or failure of 911 or E911 emergency services or identification of the Number, address, name or location associated with any person accessing or attempting to access
emergency services from your phone;
h) The installation or repair of any products or equipment by parties who are not our authorized employees or agents;
i) Events due to factors beyond our control, including acts of God (including, without limitation, weather-related phenomena, fire or earthquake), war, riot, strike or orders of governmental
j) Any use of your phone or other equipment not authorized by you;
k) Any act or omission of any third party or independent contractor that offers products or services in conjunction with or through the Services; or
l) Your negligent or intentional act or omission.
- NO CONSEQUENTIAL OR OTHER DAMAGES. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
- Indemnification. You promise to indemnify and defend us, our partners, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Services or equipment used in connection with the Services; or (2) any communications you make or receive using the Services. This indemnification extends to and includes any attorneys’ fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from contesting the applicability of this provision. This section survives termination of this Agreement.
- DISCLAIMER OF WARRANTIES. WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT OUR SERVICES AND DISCLAIM ANY IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY ENDEAVOR COMMUNICATIONS . WE ARE NOT THE MANUFACTURER OF THE EQUIPMENT OR THE OPERATORS OF THE NETWORK AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING BY ENDEAVOR COMMUNICATIONS . THE ONLY WARRANTY APPLICABLE TO THE EQUIPMENT USED IN CONNECTION WITH THE SERVICES IS THAT PROVIDED BY THE EQUIPMENT MANUFACTURERS. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
- Notices. You may get our current address for written notice by calling Endeavor Communications Customer Care at 1.800.922.6677. Written notice to you is sent to your last known address in our invoicing records. Written notice is deemed delivered three (3) days after deposit in the U.S. mail, postage prepaid, and properly addressed. Unless required by this Agreement or Applicable Law: (1) you may notify us by calling Endeavor Communications Customer Care; and (2) we may notify you by leaving a message for you on your Endeavor Communications phone, answering machine or with your answering service. Notice addresses may be changed by giving notice as provided in this section.
- Choice of Law; Jurisdiction. This Agreement is governed by and construed under the laws of the State of without regard to its choice of law principles. You agree to submit yourself to the personal jurisdiction of the courts of the State of INDIANA.
- General. If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable State laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. Section headings are for descriptive purposes only and are not intended to be used to interpret this Agreement. You may not assign this Agreement to any other person or entity without our prior written approval. This Agreement (including any referenced documents and attachments) makes up the entire agreement between you and us and replaces all prior written or spoken agreements, representations, promises or understandings between you and us. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement.
- Early Termination. Service Plan. You may terminate your Agreement before the term expires by calling us at 1.800.922.6677 from any phone. We may terminate the Agreement if you are in default and charge you the remaining device cost as liquidated damages, not as a penalty. The charges are payable in addition to any other outstanding charges for services or equipment on your Endeavor Communications account. Additional equipment fees may apply upon early termination of your agreement. Certain restrictions may apply.
Endeavor’s credit promotion offer(s) are based on a 1 or 2-year agreement. If you terminate or downgrade your agreement within the first 12 months, you will be subject to a charge back penalty. Certain restrictions may apply.
Endeavor Communications does not manufacture the wireless devices or equipment used by customers for its services. Endeavor Communications disclaims any harm that may result from the use or misuse of any wireless device or equipment provided by Endeavor Communications for use of its Services. Verizon Wireless® and Sprint PCS® provide access to their Networks for Endeavor Communications subscribers but are not responsible for quality, billing, customer care, warranty, maintenance, or other aspects of subscriber service. Verizon Wireless® is a registered trademark of Verizon Wireless Communications Company L.P. Sprint PCS® is a registered trademark of Sprint PCS.
Clay County Rural Telephone Cooperative, Inc.
(d/b/a Endeavor Communications)
NETWORK MANAGEMENT STATEMENT
Endeavor Communications commits to the open and non‐discriminatory use of the Internet by its customers and commits to use reasonable network management practices to ensure an open Internet. Endeavor Communications will manage its network and provide access in accordance with the Federal Communications Commission’s (FCC’s) Open Internet Rules (adopted December 21, 2010 in 25 FCC Rcd 17905) and in compliance with any future rules adopted by the FCC.
Endeavor Communications shall make available public information on its website (www.weendeavor.com), regarding its network management practices, performance and commercial terms of its service sufficient for consumers to make an informed choice regarding their use of such services.
Endeavor Communications will not unjustly or unreasonably prevent or interfere with competition among content, applications, service, or device providers.
NETWORK SECURITY AND CONGESTION MANAGEMENT
Endeavor Communications uses generally accepted technical measures to provide acceptable service levels to all customers, such as application‐neutral bandwidth allocation, as well as measures to address service attacks, illegal content and other harmful activities to protect network integrity and reliability.
Endeavor Communications reserves the right to prioritize traffic based on real time and non‐real time applications during heavy congestion periods based on generally accepted technical measures. Endeavor Communications has different internet packages which limits the speeds a customer can upload and download data from the internet. For more detailed information on the different tiers of internet service refer to our web site www.weendeavor.com/internet. Endeavor Communications may use other traffic management and prioritization tools to help ensure equitable access to the Endeavor Communications network for all customers.
Endeavor Communications monitors customer usage to efficiently manage the performance of the network to ensure a sustainable quality broadband service is provided. Peak network usage is between 4 pm and 11 pm Monday – Friday and 10 am – 11 pm Saturday and Sunday. During peak usage times, priority is given to applications such as browsing, email, streaming, instant messaging, gaming and VoIP.
Congestion due to malfunctioning hardware and/or software will be remedied as quickly as network engineers can diagnose and identify the offending hardware / software.
Congestion due to malice will be remedied using any technique available, including protocol‐aware filtering and rate‐limiting, to control and limit the offending source. Endeavor Communications may seek criminal charges against those who inflict network malice. Endeavor Communications may also attempt to recover costs incurred from network malice.
It is not acceptable to use the Endeavor Communications network for any purpose that violates local, state or federal laws or to transmit communications that might be highly offensive or damaging to any recipients or to use the service in a manner that is unintended. It is not acceptable to interfere with, violate, circumvent, misuse, distribute or disrupt network users, equipment or services, which include but are not limited to:
- Attempting to obtain unauthorized access to any network or account. This includes accessing data not intended for end user customers, logging into a server or account without being expressly authorized to access or probing the security of other networks.
- Attempts to interfere with the Service of others including users, hosts and networks. This includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a Service and attempts to “crash” any host.
- Reselling any Endeavor Communications Internet Services, without Endeavor Communication’s written consent.
- Distribution of Endeavor Communications Internet Services beyond the scope of your end‐user account.
- Equipment, accessory, apparatus, circuit or devices that are harmful to the network, shall not be attached to or connected with Endeavor Communications facilities. If you have questions regarding the above items or any additional questions please refer to our Acceptable Use Policy
- Circumventing copyright laws and regulation, including the unauthorized download of music, video, images, books, software or content and/or other copyright protected works. Please refer to our Digital Millennium Copyright Act Policy
Endeavor Communications provides Spam filtering with each customer’s email address. Details of this service are listed on Endeavor Communications website. Endeavor Communications will not ask you for your password in an unsolicited telephone call or email. If you believe your password has been compromised, you should immediately change your password to prevent the unauthorized use of it.
Endeavor Communications shall not unjustly or unreasonably block access to lawful content, applications, services or non‐harmful devices, subject to reasonable network management.
Endeavor Communications shall not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service, subject to reasonable network management practices.
Please click on the following website link for pricing information including monthly prices and fees for early termination or additional network services: www.weendeavor.com/internet
If you have any questions regarding this policy, please contact Endeavor Communications customer service at: 1‐800‐922‐6677
Clay County Rural telephone Cooperative, Inc., dba Endeavor Communications (Endeavor), is committed to protecting your privacy and developing/using technology that gives you a powerful and safe online experience. This Statement of Privacy applies to Endeavor Communications and its website and governs data collection and usage. By using the Endeavor services, including the website, you consent to the data practices described in this statement.SECTION 1
YOUR CUSTOMER PROPRIETARY NETWORK INFORMATION (CPNI) RIGHTSIn the normal course of providing your telephone service, Endeavor maintains certain information about your account. This information, when matched to your name, address and calling or originating billing telephone number, is known as your customer specific “Customer Proprietary Network Information,” or CPNI. As a customer of Endeavor Communications, the FCC has determined that you have a legal right to control certain proprietary information in your account. Under the law, Endeavor has the duty to protect this information, thus, will not use or share this information unless you give us permission to do so. Endeavor reserves the right, afforded by law, to use your CPNI to market additional services to you. The Federal Communications Commission has adopted rules staging that telecommunications related services or features to you if you have requested that the CPNI be considered “restricted/opt-out” for this purpose. If you wish to have your CPNI “restricted/opt-out,” call Endeavor Communications at 765-795-4261. Tell us that you wish to restrict our use of your customer note that restricting your CPNI will not eliminate all of our marketing contacts with CPNI. Also, we are permitted to use your CPNI to contact you about additional services when we already provide you that same type service. Finally, even if your CPNI is restricted, we may still use it to market any other telecommunications services or features with your permission or if you contact us and ask about them. For more detailed information visit www.fcc.gov. (Back To Top) SECTION 5
SECURITY OF YOUR PERSONAL INFORMATIONEndeavor and/or its website maintains the personally identifiable information you provide on computer servers in a controlled, secure environment, which is protected by means reasonably designed to prevent unauthorized access, loss, alteration, use or disclosure of such information. When personal information (such as a credit card number) is transmitted to other web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. However, the nature of the Internet is such that information may be transmitted over networks without appropriate security measures and may be accessed, deleted, altered, used or disclosed by unauthorized persons. (Back To Top) SECTION 7
DISCLAIMER OF LIABILITYEndeavor shall not be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone’s use of the information. In no event shall the Endeavor website, Endeavor Communications, or employees of the foregoing be liable for any direct, indirect, incidental, special, exemplary, consequential, or any other damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action. (Back To Top) SECTION 8
DISCLAIMER OF WARRANTIES AND ACCURACY OF DATAAlthough the data on Endeavor’s website have been produced and processed from sources believed to be reliable, no warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. ENDEAVOR PROVIDES THIS INFORMATION ON AN “AS IS” BASIS. ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM CONTAMINATION BY COMPUTER VIRUSES AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE DISCLAIMED. Changes may be periodically made to the information herein; these changes may or may not be incorporated in any new version of the publication. If you have obtained information from Endeavor’s web pages from a source other than the official Endeavor website of www.weendeavor.com, be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out of date. It is recommended that careful attention be paid to the contents of any data associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If you find any errors or omissions, we encourage you to report them to Marketing, by e-mail at firstname.lastname@example.org or by writing a letter to our attention at Endeavor Communications, P.O. Box 237, Cloverdale, IN 46120. (Back To Top) SECTION 9
CHOICE OF LAWConstruction of the disclaimers above and resolution of disputes thereof are governed by the laws of the State of Indiana. The laws of the State of Indiana, U.S.A., shall apply to all uses of this data and this system. By use of this system and any data contained therein, the user agrees that the use shall conform to all applicable laws and regulations and user shall not violate the rights of any third parties. Any lawsuit concerning the activities described in this Agreement, including, but not limited to, actions for breach of this Agreement or negligence shall be brought in Putnam County Indiana, which shall be the sole proper venue for the same. (Back To Top) SECTION 10
CHANGES TO THIS STATEMENTEndeavor will occasionally update this Statement of Privacy to reflect company and customer feedback. Endeavor website encourages you to periodically review this Statement to be informed of how Endeavor and/or its website are protecting your information. (Back To Top) SECTION 11
CONTACT INFORMATIONEndeavor and/or its website welcome your comments regarding this Statement of Privacy. If you believe that Endeavor and/or its website have not adhered to this Statement, please contact Endeavor at email@example.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.
This statement applies to the following website only: www.weendeavor.com(Back To Top)