Terms of Service - WTC Internet Service

THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF WAMEGO TELEPHONE COMPANY, INC. (WTC) HIGH-SPEED INTERNET SERVICE AND YOUR RELATIONSHIP WITH WTC.

PLEASE READ THEM CAREFULLY

This Agreement is entered into between the Customer ("You", "Your", "Customer") and Wamego Telephone Company, Inc. and its subsidiaries (hereinafter referred to as "WTC"). This Agreement includes the Service Quotations ("Quotation") provided to you, WTC's Acceptable Use Policy ("AUP") as set forth at www.wtcks.com, your Service Plan as well as our Privacy Policies (collectively, "Agreement"). Your acceptance of the Terms of Service indicates your agreement to comply with WTC's Terms of Service, the specific terms of your Service plan (including the plan's duration and applicable early termination fee, if any) and related policies regarding your use of the Services. You agree with and are deemed to have accepted this Agreement upon the earlier of: (a) submission of your order; (b) your accepting the Terms of Service electronically or in the course of installing the Software; (c) your use of the Service; or (d) retention of any software WTC provides beyond thirty (30) days following delivery.

1. TERM AND ACCEPTANCE OF AGREEMENT; AGREEMENT TERMS GENERALLY INCLUDED.

The term of this Agreement will be month-to-month. The Term begins when you accept this Agreement and ends when either you or WTC terminates this Agreement as permitted herein

Your acceptance of this Agreement occurs upon the earlier of: (a) your acceptance of this Agreement electronically during an online order, registration or when installing the Software or the Equipment; (b) your use of the Service; or (c) your retention of the Software or Equipment WTC provided beyond thirty (30) days. If you change Service plans, your term and monthly rate may change (depending on the plan you select), but all other provisions of this Agreement will remain in effect unless otherwise noted.

This Agreement consists of the terms below, plus (a) the specific terms of your Service plan (including the plan's pricing); (b) our Acceptable Use Policy (Attachment A); and (c) other policies referred to in this Agreement (including our Privacy Policy), all of which are incorporated herein by reference. This Agreement and any other current and/or future related policies are or will be posted online at www.wtcks.com.

2. DEFINITIONS AND CHANGES TO SERVICE.

2.1 "Content" means content provided by WTC or its third party licensors or suppliers and accessible on the Service, including without limitation images, photographs, animations, video, audio, music, and text in any format.
2.2 "Equipment" means the modem, router and/or other equipment provided by WTC for use with the Service.
2.3 "High-Speed Internet" ("HSI") means WTC's Internet service.
2.4 "Service" means all WTC High-Speed Internet Services and related transport services provided to you by WTC; (b) the Internet services provided by WTC which include Software, Equipment, Content, additional services (if any), technical support, email, domain name server (DNS) and related services; and (c) other products and services provided by WTC under the pricing plan applicable to your Service. The Service does not include voice telephony services.

3. REVISIONS TO THIS AGREEMENT.

From time to time WTC will make revisions to this Agreement and the policies relating to the Service. You will be provided notice of such revisions by: a) posting revisions to the WTC website; and/or b) sending an email to your primary email address on file, and/or 3) any other such means as determined by WTC. By entering into this Agreement, you agree to visit www.wtcks.com periodically to review any such revisions. Increases to the monthly price of the Service (excluding other charges as detailed in Sections 7.1) shall be effective thirty (30) days after notice is provided; revisions to any other terms and conditions shall be effective on the date noted in the posting and/or email. By continuing to use the Service after revisions are effective, you accept and agree to abide by all revisions made.

4. AUTHORIZED USER, ACCOUNT USE, AND RESPONSIBILITIES.

4.1 You acknowledge that you are eighteen (18) years of age or older and that you have the legal authority to enter into this Agreement. You agree promptly to notify WTC whenever your personal or billing information changes.

4.2 You are responsible for all use of your Service and account, whether by you or someone using your account with or without your permission, including all secondary or sub-accounts associated with your primary account, and to pay for all activity associated with your account. You agree to comply with all applicable laws, regulations and rules regarding your use of the Service and to only use the Service within the United States (unless otherwise permitted by this Agreement).

4.3 Restrictions on Use. If you subscribe to High-Speed Internet Service, you may connect multiple computers/devices within a single home to your modem and/or router to access the Service, but only through a single WTC-issued IP address. You also may not exceed the bandwidth usage limitations that we may establish from time to time for the Service, or use the Service to host any type of server. Violation of this section may result in bandwidth restrictions on your Service or suspension or termination of your Service.

5. PRIVACY POLICY; LEGAL COMPLIANCE.

Personal information you provide to WTC is governed by WTC's Privacy Policy, which is posted on the Website and is subject to change from time to time. WTC reserves the right to provide account and user information, including email, to third parties as required or permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Such cooperation may include, but is not limited to, monitoring of the network consistent with applicable law.

6. AVAILABILITY OF AND CHANGES TO SERVICE.

6.1 Service and Bandwidth Availability and Speed. The Service you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed. We will provision HSI service using the maximum bandwidth rate available to your location based on our standard qualification procedures, unless you have selected a level of service with a lower maximum rate. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to the network will vary depending upon the number, type and configuration of devices using the Service and the type of use (e.g., streaming media), among other factors. The speed of the Service will vary based on network or Internet congestion, your computer configuration, the condition of your telephone line and the wiring inside your location, among other factors. WTC and WTC's suppliers reserve the right, at any time, with or without prior notice to you, to restrict or suspend the Service to perform maintenance activities and to maintain session control.

6.2 Changes to your local voice telephony service. If you change or discontinue your local WTC telephone service, WTC may in its sole discretion either terminate your Service or continue to provide High-Speed Internet Service without local WTC Communications voice service at the then-current rates, terms and conditions applicable to your new Service plan and you agree to pay any new or higher monthly fee that may apply to your new Service plan. If we elect to terminate your Service under this Section 6.2, then we reserve the right to charge any early termination fees and to apply the Equipment return terms under Section 8.

6.3 Changes to Service or Features. We reserve the right to change any of the features, Content or applications of the Service at any time with or without notice to you. This includes the portal services we may make available as part of the Service or for an additional charge.

7. PRICING, CHANGES TO SERVICE PLANS AND PAYMENT.

7.1 Prices and Fees; Billing. You agree to pay the monthly fees applicable to your Service, and to pay: a) applicable taxes, b) surcharges, c) recovery fees, d) telephone charges, e) activation fees, f) installation fees, g) set-up fees, h) equipment charges, and i) other recurring and nonrecurring charges. The taxes, fees and other charges detailed in a)-d) above may vary on a monthly basis. Surcharges and recovery fees are not taxes and are not required by law, but are set by us and may change. You also agree to pay any additional charges or fees applied to your account, including interest and charges due to insufficient credit or insufficient funds. Non-recurring charges such as set up, activation and installation fees, and equipment charges, will be included in your first bill. Monthly Service recurring charges will be billed one month in advance; any usage charges will be billed in arrears. Based on your election and subject to our approval, WTC or its agent will bill you directly, or bill your charge card or local WTC Communications telephone bill (where available). IF YOU ELECT TO BE BILLED ON YOUR WTC PHONE BILL, BY USING THE SERVICES YOU AGREE TO HAVE ALL SERVICE CHARGES INCLUDED ON YOUR PHONE BILL. Billing for High-Speed Internet Services will automatically begin on the date provisioning of your High-Speed Internet Service is complete ("Service Ready Date"). We may, at our election, waive any fees or charges. If you wish to cancel your Internet Service, you may do so by calling WTC at 785-456-1000.

7.2 Discontinuation of Service for Nonpayment. We may discontinue Service without notice if you fail to make payment when due for either telephone or Internet Service charges, or if your payment method (i.e., personal check, credit or debit card) is refused for any reason.

7.3 Late Fees. If any portion of your bill is not paid by the due date, we may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. If your charges are billed by your WTC local carrier, the late fee will be equal to the late payment charge that the local exchange carrier applies. Otherwise, the late fee will be the lesser of 1.5 % per month, or the highest rate permitted by law. If we use a collection agency or legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys' fees.

8. TERMINATION OR SUSPENSION OF SERVICE.

8.1 Termination of Service.

8.1.1 High-Speed Internet Subscribers with Month-to-Month Accounts. If you are a month-to-month High-Speed Internet Service, either you or WTC may terminate this Agreement at any time by giving notice to the other as set forth in this Agreement. Termination will be effective upon your notice to WTC. Activation or set-up fees paid at the initiation of your Service, if any, are not refundable.

8.1.2 Termination and/or Suspension by WTC. WTC reserves the right to change, limit, terminate, modify or temporarily or permanently cease providing the Service or any part of it with or without prior notice if you violate the terms of this Agreement. If WTC terminates your Service under this Paragraph 8.1.2, you must immediately stop using the Service and you will be responsible for the applicable fees and/or Equipment charges set forth in paragraphs 7.2 and 8.1.1. If your Service is reconnected, a reconnection fee may apply.

8.2 Deletion of Data upon Termination. YOU AGREE THAT IF YOUR SERVICE IS TERMINATED FOR ANY REASON, WE HAVE THE RIGHT TO IMMEDIATELY DELETE ALL DATA, FILES AND OTHER INFORMATION (INCLUDING EMAILS, ADDRESS BOOK AND WEB STORAGE CONTENT) STORED IN OR FOR YOUR ACCOUNT WITHOUT FURTHER NOTICE TO YOU.

8.3 Return of Equipment upon Termination. If your Service is terminated for any reason prior to the end of the first year of service and you received Equipment at no charge from WTC, you must return the Equipment to WTC or you will be charged for the Equipment.

9. MANAGEMENT OF YOUR DATA AND COMPUTER.

9.1 Your Responsibilities Regarding Management of Your Computer and Data. You are solely responsible for obtaining, maintaining and updating all equipment and software necessary to use the Service, and for management of your information, including but not limited to back-up and restoration of your data. YOU AGREE THAT WTC IS NOT RESPONSIBLE FOR THE LOSS OF YOUR DATA OR FOR THE BACK-UP OR RESTORATION OF YOUR DATA REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON OUR SERVERS OR YOUR DEVICE(S). YOU SHOULD ALWAYS BACK-UP ANY IMPORTANT INFORMATION SEPARATELY FROM DATA STORED ON WTC'S OR ANY THIRD PARTY'S SERVERS.

9.2 Content and Data Management by WTC: We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple WTC servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any WTC server. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.

9.3 Your Responsibilities Regarding Security. You agree that you are solely responsible for maintaining the security of your computer(s) and data, including without limitation, encryption of data and protection of your User ID, password and personal and other data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE.

9.4 Monitoring of Network Performance by WTC. We automatically measure and monitor network performance and the performance of your Internet connection and our network. We also will access and record information about your computer and Equipment's profile and settings and the installation of software we provide. You agree to permit us to access your computer and Equipment and to monitor, adjust and record such data, profiles and settings for the purpose of providing the Service. You also consent to our monitoring of your Internet connection and network performance, and to our accessing and adjusting your computer settings, as they relate to the Service, Software, or other services, which we may offer from time to time. We do not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of WTC or its authorized vendors, contractors and agents.

10. LIMITATIONS ON USE OF THE SERVICE.

10.1 You acknowledge and agree that WTC (a) is not responsible for invalid destinations, transmission errors, or the corruption of your data; and (b) does not guarantee your ability to access all websites, servers or other facilities or that the Service is secure or will meet your needs.

10.2 You acknowledge that the Service will allow access to information which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Service by children is your responsibility and that we are not responsible for access by you or any other users to objectionable or offensive content. WE STRONGLY RECOMMEND THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE.

10.3 You are not authorized to use any WTC name or mark as a hypertext link to any WTC web site or in any advertising, publicity or in any other commercial manner without the prior written consent of WTC.

10.4 You agree that WTC assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any Content, advice or opinions contained in any emails, message boards, chat rooms or community services, or in any other public services or social networks, and that WTC does not endorse any advice or opinion contained therein, whether or not WTC provides such service(s). WTC does not monitor or control such services, although we reserve the right to do so.

10.5 You represent that when you transmit, upload, post or submit any content, images or data using the Service you have the legal right to do so and that your use of such data or content does not violate the copyright or trademark laws or any other third party rights.

10.6 Websites linked to or from the Service are not reviewed, controlled, or examined by WTC and you acknowledge and agree that we are not responsible for any losses you incur or claims you may have against the owner of third party websites. The inclusion of any linked websites or content from the Service, including websites or content advertised on the Service, does not imply endorsement of them by WTC.

11. WARRANTIES AND LIMITATION OF LIABILITY.

11.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY WTC (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), WTC (AND THEIR OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE "WTC PARTIES"), THEIR THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY WTC OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.

11.2 WTC DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY WTC WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. WTC SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.

11.3 IN NO EVENT SHALL WTC OR WTC'S THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

11.4 THE LIABILITY OF WTC, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES (EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES, FEES AND TAXES) YOU HAVE PAID TO FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.

11.5 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 11 ALSO APPLY TO WTC'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

11.6 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF CLAIM OR NATURE OF THE CAUSE.

12. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless WTC from and against all liabilities, costs and expenses, including reasonable attorneys' and experts' fees, related to or arising from your use of the Service (or the use of your Service by anyone else), (a) in violation of applicable laws, regulations or this Agreement; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; or (d) claims for infringement of any intellectual property rights arising from or in connection with use of the Service.

13. NOTICES.

13.1 Notices required under this Agreement by you must be provided to us at the address below. Notice by WTC to you (including notice of changes to this Agreement under Section 3) shall be deemed given when: (a) transmitted to your primary email address; or (b) mailed via the US mail or hand-delivered to your address on file with us; or (c) when posted to the WTC website.

WTC Customer Service 1009 Lincoln Ave. Wamego, Kansas 66547

13.2 If you send us an email, you agree that the User ID and/or alias contained in the email is legally sufficient to verify you as the sender and the authenticity of the communication.

14. GENERAL PROVISIONS.

14.1 All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to Limitation of Liability and Indemnification, shall survive such termination.

14.2 WTC will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services.

14.2 WTC will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary equipment or services.

14.3 You may not assign or otherwise transfer this Agreement, or your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this Agreement with or without notice and you agree to make all subsequent payments as directed

14.4 This Agreement shall be interpreted, construed and enforced in accordance with the laws of the state of Kansas, without reference to its choice of law rules. Except as otherwise required by law any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

14.5 WTC's failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

14.6 This Agreement, including all Policies referred to herein and posted on the Website, constitutes the entire agreement between you, WTC with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by you to this Agreement shall be effective unless agreed to in a writing signed by an authorized person at WTC.