My E-Bill Terms of Use
Effective Date: May 22, 2012
ELECTRONIC BILL PRESENTATION, PAYMENT SERVICES, AND PAPERLESS
BILLING TERMS OF USE.
Welcome to The Table Top Telephone Company
("Table Top", "we", "us") Electronic Bill Payment Service
("Service"). Before using this Service, you must complete the
enrollment process as indicated in the "New Account Registration."
By completing the user registration, the user of our Service
("you") agrees to the following terms of use, as well as the
www.tabletoptelephone.com website ("Website") Terms of Use that can be found
by clicking here. ELECTRONIC BILL PAYMENT
SERVICE.
The Service allows you to view, save, print, and
pay your current monthly bill online using your Visa or MasterCard
credit or debit card. You will have secure, 24/7 access to your
Table Top account through the Internet. You will also have the
option of stopping delivery of your paper bills, and instead
receiving monthly emails when your bill is ready to view online.
Upon successful registration for the Service, you will be able to
view up to four months of online bill history. You may schedule
single or regular monthly bill payments. Regular monthly bill
payments will be deducted on your choice of the fifth (5th) or the
twentieth (20th) business day of each month. Single monthly payments made from your Visa or MasterCard credit or debit
card will include all charges billed on your Table Top statement, including but not limited to Table Top
Telephone service, Table Top Long Distance toll charges, Table Top
Internet service and other
services you may add in the future, plus any applicable taxes,
fees, and surcharges. Table Top does not guarantee that the
information provided, with respect to the online bill history or
current monthly charges is accurate, complete, reliable, current,
or error-free. Therefore, Table Top reserves the right, at its
discretion, to correct any error in the Service or monthly billing
statements at any time. You agree to maintain sufficient
available credit or funds in your payment accounts on the business
day of and just prior to each payment deduction date to cover the
amount of the payment. PRIVACY POLICY.
Table Top Telephone Company respects your privacy, believes
strongly in protecting your privacy, and permits you to have some
control of the treatment of your personal information held by us
in the course of business. A complete statement of
Table Top's current Privacy Policy can be found by clicking
here.
Table Top's
privacy policy is expressly incorporated into this Agreement by
this reference. PERSONAL IDENTIFICATION,
ACCOUNT, AND SECURITY.
In order to use the Service, you must complete
the registration process by providing Table Top with complete and
accurate information as prompted by the registration form. Your
Table Top account number (found on your billing statement) and
personal password (created by you upon registration for the
Service) may be used by you to access your account. You agree not
to provide or make available your account number and password to
any unauthorized individuals to access the Service.
You are responsible for all bill payments made
through the Service using your account number and password. You
are entirely responsible for any and all activities that occur
through use of your account number and password with the Service.
You may be held liable for losses incurred by Table Top or another
party, and you understand and agree that Table Top will not be held responsible for any such
losses you may incur, due to use or misuse of your account number
and password, credit card information or account through the
Service either with or without your permission.
CHARGES AND FEES.
Table Top does not charge for use of the
Service. You remain responsible for any fees normally associated
with your credit or debit card accounts from which your bill
payments will be made.
If the charges to your credit or
debit card accounts are declined by your bank or vendor for any
reason, you remain obligated to pay and will also be assessed a
returned or refused payment charge of $7.50. In the event that
such charges are incurred by you, the Service may be suspended,
and you will be responsible for making your payment to Table Top's
customer service facility in Ajo, Arizona on or before the
final date to pay in order to avoid a possible interruption of
phone, or Internet service. Please refer to your monthly
billing statement for further terms regarding rendering and
payment of bills. PAPERLESS BILLING.
You understand and agree that stopping your
paper bill means that you will no longer receive a paper copy of
your Table Top bill through the mail. Table Top occasionally
includes notices in its billing statements including, but not
limited to, notices required by law or regulatory agencies
regarding changes in your service. You understand and agree that
stopping your paper bill means that you will only be able to
access such notices online through your account. Your obligation
to pay your Table Top bill by the due date is not altered or
modified in any way by stopping your paper bill. Applicable late
payment fees apply, and late payment notices may also be sent
through U.S. Mail. SERVICE TERMINATION OR
DISCONTINUATION.
Table Top may terminate the Service at any time
and/or revoke your right to use the Service for any or no reason.
Table Top will send you reasonable notice if it suspends or
terminates the Service.
In the event that you wish to discontinue the
Service, you can do so through the Service or by calling Table Top
Customer Service at 1-800-560-8101 or 520-387-7676.
Neither
termination of the Service nor discontinuation shall affect your
liability or obligations under these Terms of Use. Termination or
discontinuation of the Service terminates only your electronic
billing, payment, and paperless services, but does not cancel your
bills related to telephone, Internet or cable services from
Table Top. If you cancel your Service, Table Top will resume
mailing your paper bill and you continue to be responsible for
making your payments directly and in a timely manner.
CUSTOMER IDENTIFICATION/BANKING CHANGES.
You may elect to have Table Top retain your
payment information, including but not limited to your billing
name, address, telephone number, credit or debit card numbers, and
expiration dates, for your convenience and use in future
transactions authorized by you. You are responsible for
maintaining up-to-date customer identification information in your
Service profile. You agree to notify Table Top at least fifteen
(15) days in advance of any change in your banking status by
updating your Service profile. You agree that Table Top will not
be responsible for any transactions rejected due to erroneous or
outdated payment information. You also agree that Table Top will
not be liable for any use, misuse, lost, stolen, or incorrect
payment information.
If any email to you is returned to
Table Top as "undeliverable", we will contact you by phone to
determine any necessary changes in your customer identification
information, and reserve the right to re-activate your paper bill.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the Site or using the Service,
you agree to obey the law and to respect the intellectual property
rights of others. Your use of the Service and the Site is at all
times governed by and subject to laws regarding copyright
ownership and use of intellectual property. You agree not to
upload, display, perform, transmit, or otherwise distribute any
information or content (collectively, “Content”) in violation of
any third party’s copyrights, trademarks, or other intellectual
property or proprietary rights. You agree to abide by laws
regarding copyright ownership and use of intellectual property,
and you shall be solely responsible for any violations of any
relevant laws and for any infringements of third party rights
caused by any Content you provide or transmit, or that is provided
or transmitted using your telephone number or account number. The
burden of proving that any Content does not violate any laws or
third party rights rests solely with you. NO
WARRANTIES.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED
THROUGH THE SERVICE. TABLE TOP HEREBY DISCLAIMS ALL WARRANTIES.
TABLE TOP IS MAKING THE SERVICE AVAILABLE “AS IS" WITHOUT WARRANTY
OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS
FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE. TO
THE MAXIMUM EXTENT PERMITTED BY LAW, TABLE TOP EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE
OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. TABEL TOP DOES NOT WARRANT THAT THE WEBSITE
OR THE SERVICE IS FREE OF INFECTION OR VIRUSES, WORMS, TROJAN
HORSES OR OTHER HARMFUL COMPONENTS THAT MAY CONTAMINATE OR DESTROY
PROPERTIES. SIMILARLY, TABLE TOP IS NOT RESPONSIBLE FOR ANY
TYPOGRAPHICAL ERROR OR OMISSION RELATING TO PRICING. FINALLY,
TABLE TOP DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICE WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY.
TABLE TOP'S LIABILITY TO YOU IS LIMITED. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TABLE TOP BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT
LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE
DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE
SERVICE OR RELATED MATERIALS PROVIDED TO YOU BY TABLE TOP. THE
AGGREGATE LIABILITY OF US AND ANY AFFILIATED PARTIES IN CONNECTION
WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT
EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. THIS
LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT
OF BREACH OF CONTRACT, TORT, OR ANY OTER LEGAL THEORY OR
FORM OF ACTION.
GOVERNING LAW.
These Terms of Use shall be construed in
accordance with and governed by the laws of the United States and
the State of Arizona, without reference to their rules regarding
conflicts of law. You hereby irrevocably consent to the exclusive
jurisdiction of the state courts in Pima County,
AZ, and federal courts in Phoenix, AZ, U.S.A. in
all disputes arising out of or related to the use of the Service.
MODIFICATIONS.
Table Top may, in its sole discretion and
without prior notice, (a) revise these Terms of Use; (b) modify
the Service; and (c) discontinue the Service at any time. Table
Top shall post any revision to these Terms of Use to the
website, and the revision shall be effective immediately on such
posting. You agree to review these Terms of Use and other online
policies posted on the website periodically to be aware of any
revisions. You agree that, by continuing to use or access the
Service and/or website following notice of any revision, you shall
abide by any such revision. MISCELLANEOUS.
Any cause of action by you with respect to the
Service must be instituted within one (1) year after the cause of
action arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in the "NO WARRANTIES" and
"LIMITATION OF LIABILITY" sections, above. The language in this
Agreement shall be interpreted as to its fair meaning and not
strictly for or against any party. Any rule of construction to the
effect that ambiguities are to be resolved against the drafting
party shall not apply in interpreting this Agreement. The headings
in this Agreement are included for convenience only and shall
neither affect the construction or interpretation of any provision
of this Agreement nor affect any of the rights or obligations of
the parties to this Agreement. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed
as much as possibly consistent with applicable law and the
remaining portions shall remain in full force and effect. To the
extent that anything in or associated with the Service is in
conflict or inconsistent with this Agreement, this Agreement shall
take precedence. Our failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision. Neither the course of conduct
between you and us, nor trade practice, shall act to modify any
provision of this Agreement. Our rights under this Agreement shall
survive any termination of this Agreement.
ARBITRATION.
Any legal controversy or legal claim arising out
of or relating to this Agreement or the Site (excluding legal
action taken by us or you to collect or recover damages for, or
obtain any injunction relating to, intellectual property ownership
or infringement), shall be settled solely by confidential binding
arbitration in accordance with the commercial arbitration rules of
JAMS. Any such controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party.
The arbitration shall be conducted in
Phoenix, AZ. Each party shall
bear one-half of the arbitration fees and costs incurred through
JAMS, and each party shall bear its own attorneys' fees.
ACKNOWLEDGEMENT.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE
BOUND BY THEM. CONTACTING US.
If you have any questions, comments or
complaints concerning these Terms of Use or the Service, please
contact us at 1-800-682-1878 or 559-868-6000, e-mail us at
termsofuse@ponderosatel.com,
or send any correspondence to
Customer Operations Director, The Table Top Telephone Company,
Inc., P.O.
Box 21, O'Neals, CA 93645. Our representatives will endeavor to
contact you within fifteen (15) days of your inquiry.
561120.2 / 7024-1000
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