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Table Top Telephone Company Internet Terms & Conditions
Table Top Telephone (Company) offers local internet access
to Customers in accordance with the following terms and conditions
and the Company's Acceptable Use Policy ("AUP"). Both of these
agreements together constitute the Agreement that you have with
Table Top Telephone.PROMISE TO PAY
Service will be invoiced in advance on Customer's monthly Table
Top Telephone bill. Payment is due upon receipt of invoice.
Company reserves the right without further notice to suspend or
terminate Customer's account and service if Customer's account is
unpaid for 15 days after date of invoice. Such suspension or
termination of service does not relieve Customer of the obligation
to pay all of Customer's account charges. A written request from
the Customer, given to Company, with 15 days notice is required to
terminate service. In the event of account delinquency, Customer
agrees to pay Company reasonable expenses, including attorney and
collection agency fees incurred in enforcing its rights under this
Agreement.CUSTOMER USE
Company's Internet access service may only be used for lawful
purposes. Transmission of any material in violation of any federal
or state regulation is prohibited. Security probing or security
breaking tools are not allowed on any Company owned systems. Use
of robots or any automated software or device to initiate an
unattended connection to Company or to maintain an open,
unattended connection to Company is not allowed. (Dial up accounts
only)CONFIDENTIALITY AND PRIVACY NOTICE
While Company will make every effort to keep the personal
information of its Customers private, Customer should not consider
any communications to be protected or confidential. Company can
not guarantee to keep material stored by Customer completely
private, and strongly suggests that Customer encrypt Customer's
mail and files.
NO CONTROL OVER CONTENT
Customer acknowledges that Company exercises no control whatsoever
over the content of information, products or services passing
through Company equipment or facilities. Acquisition or
procurement of information, products, or services through the
facilities or services of the Company occurs solely at the risk of
Customer and Company expressly disclaims any responsibility for
claims, losses, liability or damages which any person or entity
alleges arises from obtaining or disseminating such information,
products or services. Company is not liable for any loss of data
resulting from delays, nondeliveries, misdeliveries, or service
interruptions caused by Company or anyone else.LIMITATION OF
LIABILITY
In no event shall Company be liable to or through Customer or
anyone else for (i) any direct, indirect, special, incidental,
exemplary, and /or extraordinary or consequential damages of any
nature whatsoever even if Company has been advised of the
possibility of such (including, but not limited to, lost profits,
lost savings, interruption of business, or by reason of mistakes,
interruptions, delays, errors, defects in service, or faulty or
misdirected transmission) suffered for any reason by Customer or
anyone with respect to Customer's account; (ii) any damages, loss,
or liability suffered by Customer or anyone as a result of any
failure to live up to any of Customer's obligations under this
Agreement or applicable law or regulation, or with respect to the
Customer's account; (iii) any claim, action, or proceeding against
the Customer or anyone by any third-party for damages, loss or
liability, any or all of which is based upon, arises out of, or is
derived from or otherwise related to the use and/or access which
is the subject of this Agreement. Customer's right to use
Company's services and systems is provided "as is" and "when
available" and without warranty of any kind or nature, warranties
the merchantability and of fitness for a particular purpose. This
limitation of warranties was a material factor in the
establishment of the fees charged for Company's services and
system and shall survive the expiration or termination of this
Agreement. Customer acknowledges that Company's services and
systems and the Internet in general is at Customer's sole risk and
no representation or warranty has been made that Company's
services and systems will be uninterrupted or error free. The
Company's maximum liability to Customer or anyone using Customer's
account for any and all damage, loss or liability of any kind
including without limitation Company's negligence, shall be
limited to the amount paid by the Customer to the Company for
Internet monthly charges during the six-month period preceding the
claim.INDEMNITY
Customer agrees to indemnify, defend, through attorneys reasonably
acceptable to the Company and hold Company, it agents and
employees harmless from and against any claim damages, loss,
proceeding, liability, judgment, settlement, costs or expense
(including reasonable attorney's fees, fines, and penalties) of
every kind and character suffered by Company, its agents, and
employees by reason of any breach or alleged breach or failure of
any of the agreements, representations, duties, or obligations of
Customer under this Agreement. This indemnification obligation
shall survive the expiration of termination of this Agreement.
TERMINATION
Company, without prejudice to any of its other rights or remedies,
may immediately and without further notice, terminate or suspend
Customer's account and service and this Agreement and may delete
all data, files, or other information stored with the Company, if,
with respect to Customer's account, Company's policies and the
terms and conditions of service are not satisfied, including, but
not limited to account delinquency or abuse or unlawful use of the
service. Company may terminate this Agreement without cause, upon
30 days written notice to Customer.GENERAL
These Terms and Conditions supersede all previous representations,
understandings, or agreements and shall prevail notwithstanding
any variance with terms and conditions of any order submitted.
Customer represents and warrants that Customer is over 18 years of
age, that Customer has read this Agreement and Customer accepts
and agrees to the terms and conditions of service as set forth
above.
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