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Southern Montana Telephone Company

Southern Montana Telephone Co.
DSL Service Terms and Conditions

This Southern Montana Telephone Co. Service Agreement is an agreement (Agreement) between you (the Customer), and Southern Montana Telephone Co. (SMTC), for delivery of DSL services (Services).  By activating Service with SMTC, you acknowledge that you have read and agree to the terms of this Agreement.  Services provided under this agreement are subject to Federal Communications Commission regulation and are provided under the tariff of the National Exchange Carrier Association.  Those tariffs and regulations may change from time to time and supersede the terms listed herein. 

1. Availability.  Service speeds are subject to limitations inherent in Internet communications, including the transmissions speeds at any given time of day on the Internet and congestion at individual Internet sites.  Service may be temporarily limited, interrupted, or curtailed by factors that are not under SMTC's control.    We are not liable for any Service failures.

2. Use of Service.  You agree not to resell the Service (whether for profit or otherwise) or to use your Service for any unlawful or abusive purpose or in such a way as to create damage or risk to our business, reputation, employees, facilities, third parties or to the public generally. 

3. Term/Rates.  (a) This Agreement begins on the date Service is activated to your current premise and continues until terminated in the manner provided herein.  (b) If you select a plan with a fixed term longer than one month (such as an annual plan or a special promotional plan), the term of this Agreement shall continue for the number of months applicable to the term selected (the Fixed Term).  If you select such a plan, you understand you have been provided a waiver of some or all installation charges in exchange for your agreement to subscribe for a Fixed Term. If you change physical location of the Services or otherwise attempt to terminate this Agreement prior to the end of the Fixed Term, you will breach this Agreement.  In such event we will require you to pay a cancellation fee (which you agree may be deducted from your deposit) equal to $95. (c) If you suspend your DSL service, you may go on vacation rates whereby the DSL cancellation fee will not apply, however you will be assessed a $15 internet reconnect fee once you resume your DSL service.

4. Default/Termination. We may discontinue Service and/or terminate this Agreement without prior notice to you if you do not pay any sum when due, breach any representations you made to SMTC in this Agreement, fail to perform any of your obligations set forth in this Agreement or in any other agreement between you and SMTC, use your Service in any abusive manner or in any way that damages or interferes with SMTC, or become the subject of any proceeding under the Bankruptcy Code or become insolvent. In any such case, you shall remain responsible for payment of all charges due to SMTC under this Agreement, which charges (including, without limitation, all unbilled installment amounts) will be immediately due and payable.  In the event of your default, you will reimburse SMTC for our attorneys and expert witnesses fees, costs of investigation, collection and similar expenses incurred by SMTC in the enforcement of any right or privilege hereunder.  If this Agreement is terminated because of your default, we may keep any 1. charges or sums prepaid by you upon termination. If we agree to renew Service to you after discontinuing Service, you agree to pay any reactivation charges. Our remedies hereunder are not exclusive but are in addition to all other remedies provided by law.

5. Modifying Your Account.  You may upon verbal or written notice to SMTC add or delete Service features.

6. Deposits.  As a guarantee of the payment of charges, we may require a deposit in which you grant SMTC a security interest to secure your payment of all amounts when due.  If not prohibited by law, deposits received by SMTC may be commingled with other of our funds, and we need not pay interest on these funds.  The amount of your deposit may be increased by SMTC at any time upon reevaluation of your credit.  You may either provide SMTC such increased deposit or terminate this Agreement, in which case any cancellation fee will be waived.  You must promptly pay your bills even if you have given SMTC a deposit.  If this Agreement is terminated for any reason, any deposit from you will be applied to pay any of your charges then or thereafter due. Any remaining deposit or other credit balance on your account will be returned to you at your last-known address within ninety (90) days after termination.  Unless otherwise prohibited by law, if the Postal Service is not able to deliver the funds to you and returns them to SMTC, title to such funds shall be conclusively deemed to remain ours, and you shall have no further right thereto.

7. Billing and Payment of Charges.  You will pay all charges for Service under this Agreement.  You will be charged for Service features on a monthly basis, prepaid in advance,  with any charges for a partial month of feature usage to be determined on a prorated basis.  Charges, including disputed amounts, must be paid by the date shown on the monthly invoice.  You agree that (a) time is of the essence; (b) in the event of such failure, you shall pay SMTC interest at the rate of one percent (1.0%) per month (or any portion thereof), or the maximum rate allowable by law, whichever is less, on any amount not paid when due. If we accept late or partial payments or payments marked Paid in Full or similar notations, it will not waive any of our rights hereunder nor will it constitute an accord and satisfaction.  We may charge you a returned check fee of fifteen dollars ($15.00) or such lesser amount as required by law for any check returned for insufficient funds.  Questions about or objections to any charges reflected on an invoice must be in writing and must be received by SMTC from you no later than the payment due date or any objection shall be waived.

8. Taxes.  Any applicable sales, use, excise, public utility or other taxes, fees or charges imposed on SMTC as a result of providing the Service or your equipment to you will be added to your charges when imposed or required by law.  If you are exempt from payment on any such taxes, you may provide SMTC with an original Tax Exempt Document.  Tax exemption will only apply from the date we receive the Tax Exempt Document (you cannot receive credit for any taxes already paid by you).

9. No Warranties. AS IS. WE ARE NOT THE MANUFACTURER OF YOUR DSL MODEM OR OTHER PROVIDED EQUIPMENT AND WE MAKE NO WARRANTIES REGARDING THE SERVICE OR YOUR EQUIPMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY TYPE OR CHARACTER. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED.  STATEMENTS REGARDING OR DESCRIPTIONS OF THE SERVICE OR YOUR UNIT, IF ANY, BY SMTC OR OUR AGENTS OR INSTALLERS ARE INFORMATIONAL ONLY AND ARE NOT MADE OR GIVEN AS WARRANTY OF ANY KIND.

THE MANUFACTURERS WARRANTY, IF ANY, IS BETWEEN YOU AND THE MANUFACTURER; IT DOES NOT APPLY TO SMTC, AND WILL NOT BE HONORED OR EXECUTED BY SMTC.

10.   Limitation of liabilities. OUR NONPERFORMANCE HEREUNDER SHALL BE EXCUSED AND WE SHALL NOT BE LIABLE IF CAUSED BY ACT OR OMISSION OF AN UNDERLYING CARRIER, EQUIPMENT OR FACILITY FAILURE, EQUIPMENT OR FACILITY UPGRADE OR MODIFICATION, ACTS OF GOD, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS, EQUIPMENT OR FACILITY SHORTAGE, EQUIPMENT OR FACILITY RELOCATION OR CAUSES BEYOND OUR REASONABLE CONTROL.  OUR LIABILITY, IF ANY, FOR ANY MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR, DEFECT OR OTHER FAILURE WITH RESPECT TO THE SERVICE SHALL IN NO EVENT EXCEED THE AMOUNT OF THE PRORATED MONTHLY CHARGES TO YOU FOR SAID SERVICE DURING THE AFFECTED PERIOD, PROVIDED THAT NO LIABILITY SHALL RESULT FOR OUTAGES OF 24 HOURS OR LESS. IN NO EVENT SHALL WE BE LIABLE TO YOU, YOUR EMPLOYEES, AGENTS OR CUSTOMERS, OR ANY THIRD PARTY (COLLECTIVELY FOR PURPOSES OF THIS PARAGRAPH, SUBSCRIBER) FOR ANY COST, DELAY, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY FAILFURE OF SERVICE OR OUR FAILURE TO PERFORM UNDER THIS AGREEMENT.  WE SHALL NOT BE LIABLE TO SUBSCRIBER FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM SUBSCRIBERS USE OF YOUR SERVICE OR THE INSTALLATION, REPAIR, OR MAINTENANCE OF YOUR EQUIPMENT.  YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SMTC, ANY UNDERLYING CARRIER, AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, COSTS OR DAMAGES RELATING TO THIS AGREEMENT AND SUBSCRIBERS USE OF THE SERVICE.  YOU FURTHER AGREE TO PAY OUR REASONABLE ATTORNEYS AND EXPERT WITNESSES FEES AND COSTS ARISING FROM ANY ACTIONS OR CLAIMS HEREUNDER AND THOSE INCURRED IN ESTABLISHING THE APPLICABILITY OF THIS PARAGRAPH.

11.  Privacy and Security.  DSL offers an always on service which includes a virtual private circuit to your computer.  Privacy and security cannot be guaranteed and we shall not be liable to you for any lack of privacy you experience while using your Service.

12.  Assignment.  We may assign in whole or in part our rights or duties under this Agreement without prior notice to you and upon such assignment we shall be released from all liability hereunder.  You may assign this Agreement only with our prior written consent. Subject to this restriction, this Agreement shall inure to the benefit of and be binding upon the heirs, successors, subcontractors, and assigns of the respective parties.

13.  Notices.  Written notices to you shall be considered given on the date deposited in the U.S. Mail addressed to you at your last known address as shown on the reverse side.  Written notice to SMTC shall be considered given when received at our address of record. Verbal notices shall be considered given on the date reflected in our billing system.

14. Return Policy.  If your DSL Modem was purchased from SMTC and includes its receipt and original packaging and contents, undamaged and in good working condition, you may return your unit within 72 hours of purchase for a full refund of your purchase price.  Your return may be subject to a restocking fee.  However, this does not limit your obligation to pay all installation costs and any termination fee pursuant to Section 3.

15.  Severability.  Should any part or portion of this Agreement be found invalid, the balance of the provisions shall remain unaffected and in full force and effect, unless our obligations hereunder are materially impaired.

16.  Governing Law.  This Agreement, its validity, construction, and performance, shall be governed by applicable federal law, the regulations of the FCC and the laws of the State of Montana.

17. Entire Agreement.  This Agreement represents the final and entire agreement between you and SMTC. No prior or subsequent handwritten, typed, or oral change to this Agreement will be valid unless we accept it in writing.  Our failure at any time to require strict performance by you of any of the provisions herein shall not waive or reduce our right to thereafter require strict compliance with any provisions of this Agreement.

18.  Commercial Power.  Alternative power sources, such as generators, may cause interference with DSL service due to the introduction of noise and power fluctuations. No service credits will be issued by SMTC for any service interruptions or degradation directly or indirectly caused by Subscriber’s use of non-commercial power sources.

By signing below, I acknowledge that I have read, and understand the above listed DSL Service Terms and Conditions, and agree to fully comply with them.

 

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Customer Signature                                                 DATE

 

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Print Name


P.O. Box 205
Wisdom, MT 59761
Telephone: 406-689-3333 or 888-263-2270     Fax:  406-689-3959
Email: smtc@smtel.com