Madison Telephone, LLC Terms and Conditions
1. Service Contract - This is an Agreement for Internet Service (“the Service”) provided to the customer (“You”), subject to all applicable state and federal laws, rules and regulations. Any use by You of the Service shall be governed by the terms and conditions of this Agreement.
2. Agreement Terms - You acknowledge that this Agreement and the Madison Telephone, LLC service price contains the entire Agreement between the parties and shall not be affected or altered by any other Agreement or representation, oral or otherwise, not contained herein. This instrument shall not be amended, altered or changed except by a written Agreement signed by the parties to this Agreement. You acknowledge that no Madison Telephone, LLC supplier, employee or agent is authorized to make any representation or warranty with respect to this Agreement, or to waive or alter any term or condition of this Agreement.
3. Governing Law - This Agreement shall be governed by applicable Federal law, the regulations of the Federal Communications Commission (FCC), by the laws of the State of Kansas, and by any tariff filed by Madison Telephone, LLC pursuant to such laws. This Agreement is subject to amendment, modification or termination if required by such regulation or laws. If any section of this contract is determined to be unenforceable, the contract shall be deemed to be amended so that the remaining provisions are enforceable. The parties agree that any dispute concerning the construction and/or validity of this Agreement shall be determined in the District Court of Greenwood County, Kansas.
4. Taxes and Surcharges - Except for the amount, if any, of state and local tax stated on the front page of this document, the price set forth herein are exclusive of any amount of Federal, State and/or Local, excise, sales, use, property, retailer’s occupation or similar taxes. If any such excluded tax is determined to be applicable, then You shall pay to Madison Telephone, LLC the full amount of any such tax no later than ten (10) days after receipt of an invoice therefor.
5. Limitations and Conditions of Liability/Indemnity - Service may be temporarily interrupted, delayed or otherwise limited due to: a) transmission limitations; b) system capacity limitations; c) equipment modifications, upgrades, relocations, failures, repairs and/or similar activities; d) failure of Madison Telephone, LLC suppliers; and e) negligence of Madison Telephone, LLC. Madison Telephone, LLC therefore, assumes no duty to provide uninterrupted service to You or your authorized user. Madison Telephone, LLC and its suppliers shall not be in default nor shall they have any liability of any sort, including, but not limited to, direct, indirect, special, incidental, or consequential damages and no credits shall be given for interruptions, delays or failures in transmission as a result of: a) any of the above referenced conditions; b) your negligent or willful act; c) the failure of equipment or service not provided through the Madison Telephone, LLC facilities; and d) acts of God, fire, riots, government authorities or other causes beyond the control of Madison Telephone, LLC.
You agree that the liability of Madison Telephone, LLC, if any, for interruptions, delays and failures in transmission of service (service problems) to You, whether caused by the negligence of Madison Telephone, LLC or otherwise, is hereby limited to the allowance of a credit in the form of an adjustment for no more than the charges billed by Madison Telephone, LLC to You for service for the period during which the problem occurred, except that no credit shall be given for a service problem of less than 24 hours duration. No credit shall exceed the service charges billed for the period during which the service problem occurred. Madison Telephone, LLC has the right to require that credit be applied for upon written request and to deny any request for credit for an alleged service problem where the evidence of such problem is inconclusive or the request is otherwise unwarranted or insufficient. Except as provided above, You hereby agree that Madison Telephone, LLC shall not be liable for and shall be held harmless by you from and against any and all claims and damages arising out of the use of any service and/or equipment provided under this contract, as well as any damages arising out of or attributed, directly or indirectly, to service problems. Madison Telephone, LLC makes no express or implied warranties except as specifically set forth in this contract and specifically disclaims any warranty of merchantability or fitness for a particular purpose.
6. Notices - Service of all notices under this Agreement shall be sufficient if given personally or mailed to the party involved at its respective address or at such other address as the party may provide in writing. Any notice mailed to such address shall be effective when deposited in the United Sates mail, properly addressed and with prepaid postage.
7. Changes to Charges, Terms and Conditions - Madison Telephone, LLC reserves the right to increase any and all rates upon 30 days notice to You.
8. Use of Service - Service is provided for your use. You are responsible for ensuring that the unit is technically and operationally compatible with Madison Telephone, LLC’s system and in conformance with applicable statues, rules, and regulations. You will not use the unit for any unlawful or abusive purposes either to the Company, its employees, to third parties or the general public. If your use of the unit adversely affects the service provided to other customers, Madison Telephone, LLC reserves the right to terminate the Agreement without notice. Madison Telephone, LLC reserves the right to disconnect if You use the Internet service in an “unacceptable” manner as determined by Madison Telephone, LLC. “Unacceptable” includes, but is not limited to: a) use in violation of any laws of the United States or Kansas or in any other illegal manner; b) use which violates “basic politeness”, as defined by Madison Telephone, LLC; c) use to communicate threats via the e-mail; and d) use to send unsolicited electronic messages that constitute a “nuisance” as defined by Madison Telephone, LLC.
9. Termination - Upon nonpayment of any sum due to Madison Telephone, LLC hereunder for any service, repair, or equipment furnished in connection with your equipment, or upon a violation of any of the conditions of this contract, subject to any applicable regulation, Madison Telephone, LLC may, by notice in writing to You, without incurring any liability, either temporarily discontinue your service or terminate the contract. Madison Telephone, LLC may also terminate service in the event of your insolvency, receivership, voluntary or involuntary bankruptcy, assignment for the benefit of creditors or sale of substantially all of your assets.
Service may be refused or discontinued with out notice in the event that: a) service is used in such a manner that will adversely affect Madison Telephone, LLC’s service to others or in otherwise in violation of any statutes, rules or regulations; b) services are not available from the network provider or its successors; c) your credit information provided to Madison Telephone, LLC is inaccurate; d) Madison Telephone, LLC becomes aware of facts indication that your credit standing has deteriorated; or e) any information provided is incorrect or incomplete. If your service(s) become(s) temporarily disconnected, whether voluntarily or involuntarily, you will be subjected to a monthly fee.
10. Miscellaneous - a) Any failure of Madison Telephone, LLC to require strict performance by You or any waiver by You or any waiver by Madison Telephone, LLC of any provision herein shall not be construed as consent or waiver of any other breach of the same or any other provision. Madison Telephone, LLC may assign all or part of this agreement by giving You written notice of such assignment and You shall make all subsequent payments as instructed in such notice. You may not assign your rights or delegate your duties under this Agreement without Madison Telephone, LLC’s prior written consent. b) The account may not be transferred or resold. The account may not be used by anyone other than You. In addition, You are limited to one login per account at any one time. c) The Internet allows access to certain materials that may contain language which some may find offensive or of an “adult” nature. You, the Subscriber, or the Parent/Guardian of Subscribers under 18 years of age accepts that Madison Telephone, LLC has no control over the placement of such materials on the Internet and that Madison Telephone, LLC claims no liability for their contents.
11. Billing - You are responsible for paying the monthly service charges and feature charges. Prepaid charges will not be refunded for termination of service prior to the end of the billing cycle. Any customer who connects internet service in excess of 2 times within a 12 month period will be charged a service order charge.