TC3 DSL TERMS OF SERVICE CONDITIONS AND REGULATIONS
Agreement version: 20120210v1 (Last Updated: 2012 Feb 10)
Latest version available online: http://www.tc3net.com/info
Latest pricing available online: http://www.tc3net.com/pricing
Please call with any questions or concerns: 517-265-7872
BY USING THE SERVICES, (i) YOU ACKNOWLEDGE THAT YOU ARE AN ADULT (18 YEARS OR OLDER) AND (ii) YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IN ADDITION, BY PLACING AN ORDER FOR THE SERVICES, YOU ACKNOWLEDGE THAT TC3Net WILL COMMENCE PROCESSING SUCH ORDER AND WILL INCUR EXPENSES AND OBLIGATIONS IMMEDIATELY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES AND YOU SHOULD CANCEL YOUR ORDER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, TC3Net WILL BE UNDER NO OBLIGATION TO PROVIDE YOU WITH THE SERVICES.
THE TERMS AND CONDITIONS ARE SUBJECT TO REVISION BY TC3Net FROM TIME TO TIME. TC3Net WILL NOTIFY YOU OF ANY SUCH CHANGES BY POSTING NOTICE OF SUCH CHANGES AT http://www.tc3net.com OR BY SENDING NOTICE VIA E-MAIL OR POSTAL MAIL. YOUR CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF SUCH CHANGE SHALL BE DEEMED ACCEPTANCE OF THE CHANGE. FOR PURPOSES OF THE TERMS AND CONDITIONS, YOU WILL BE REFERRED TO AS THE "CLIENT."
(1) Services. Client agrees to purchase telecommunication and/or network access services (“Services”) from TC3Net. Client shall be
responsible for obtaining and maintaining any equipment needed to access, connect to, or use the Services. Client shall be
responsible for insuring that such equipment is compatible with the Services. Services provided by TC3Net are for the sole use of
the Client and not for resale of any kind without the prior written consent of TC3Net, which may be given in its sole discretion. In
the event the Client attempts to resell the Services, TC3Net may, at its sole discretion, increase the fees associated with the
Services, or terminate the Services.
(2) Billing. Client agrees to pay all charges to Client's account, including applicable taxes and charges to recover taxes paid, in
accordance with billing terms in effect at the time the fee or charge becomes payable. Client agrees to provide TC3Net with
accurate and complete billing information, including Client's legal name, address, telephone number and credit card information.
Client agrees to report to TC3Net all changes to this information within thirty (30) days of any change, including any change in
the expiration date of Client's credit card. The recurring monthly fee is due and payable in advance of the first day of each
monthly billing period for which the Client has purchased Services, with the first payment due and payable on the activation date
of the Services. Client agrees to pay a fee for processing unpaid checks or rejected credit cards. Monthly fees are non-refundable.
The initial payment may include non-recurring installation charges including, but not limited to equipment, wiring and other
installation fees. Delinquent accounts are subject to immediate termination or suspension of Services at the sole discretion of
TC3Net. If payment is not received by TC3Net within five (5) days from the date payment is due, a Client's account is considered
delinquent and Client will be subject to a late payment fee of 1.5% per month of the outstanding balance on Client's account or
$15 dollars, whichever is greater (not to exceed the maximum rate permitted by law). If a Client's account remains delinquent for
more than 30 days, the delinquent balance plus any past due charges, collection fees, and early termination fees as specified in
Section 9, may be charged to the Client's credit card. Client is also responsible for all attorney and collection fees arising from
our efforts to collect any unpaid balance.
(3) Intended Use of the Services. Client agrees not to use the Services in a manner prohibited by any federal or state law or
regulation. Transmission of any material in violation of federal or state law or regulation, including, but not limited to any
copyrighted material, material protected by a trade secret or material or messages that are unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international
law or regulation, is prohibited, and TC3Net reserves the right to suspend or terminate the Services in the event of such violation.
(4) Privacy; Monitoring the Services. TC3Net is under no obligation to monitor the Services, but TC3Net may do so from time to
time and TC3Net may disclose information regarding Client's use of the Services for any reason and in its sole discretion in order
to satisfy applicable laws, regulations, governmental requests, or in order to operate and deliver the Services in an effective
manner, or to otherwise protect TC3Net and its Clients. TC3Net reserves the right to refuse to post or to remove any information
or materials that, in its sole discretion, are unacceptable, undesirable or in violation of this Agreement. Client and TC3Net agree
to comply with the terms of TC3Net's Privacy Policy as set forth on TC3Net's web site at http://www.tc3net.com, as it may be
amended from time to time.
(5) IP Addresses. IP addresses are not portable and are not assigned for independent administration or distribution. Client
understands that IP assignments are not guaranteed, and may be modified as required by TC3Net and/or the American Registry
for Internet Numbers (ARIN).
(6) Restrictions. Clients who subscribe to residential Services agree not to run any servers in conjunction with such residential
Services, including but not limited to, Web, electronic mail, NAT, DHCP and DNS servers. In the event a residential Client
attempts to utilize a server on the network, TC3Net may, at its sole discretion, increase the fees associated with the Services,
suspend or terminate the Services.
(7) Inside Wiring and Installation. Client acknowledges that the inability of Client's or third party's facilities to access the Services
or other operational impediments may preclude or delay delivery of Services. Client acknowledges that the installation
representative may require inside wiring to be completed and client may incur additional installation charges. In the event the
Client fails to keep an installation appointment, TC3Net may charge the Client a fee to recover any costs associated with an
additional installation appointment.2 of 4
If DSL service IS available at Client's new location: If DSL service IS NOT available at Client's new location:
· In the event a line needs to be provisioned at Client's new
location, Client will be charged a pass-through installation
fee to the extent that TC3Net is charged an installation fee
by TC3Net's carrier partner.
· In the event Client requires new equipment at Client's new
location, Client will be charged for such new equipment on a
pass-through basis to the extent that TC3Net incurs expense
for such new equipment.
· TC3Net will cancel Client's service agreement after Client
provides TC3Net with proof of move (for example, copy of
phone bill, utility bill showing new address) and Client will
not be accountable for remaining months of the Initial Term.
· If Client received free equipment; Client will return such
equipment to TC3Net or be charged an equipment nonreturn fee.
· If Client received free installation; Client will be charged
the standard installation fee, prorated over the Initial Term.
(8) Term / Cancellation. Client agrees to maintain Services for the duration of 12 monthly billing cycles. Afterwards, Services shall
automatically renew on a month-to-month basis unless Client otherwise agrees to an additional term commitment. Provided Client
does not agree to an additional term commitment, Client may terminate the Services at the end of contract Term or at any time
thereafter by providing not less than thirty (30) days written notice to TC3Net. Termination notice must be sent to: TC3Net Inc.,
attn. Cancellation Department, 247 S Main St Adrian MI 49221 or you may call TC3Net at 517-265-7872.
(9) Early Termination.
Client acknowledges that TC3Net incurs significant expense once a Client's order for Services has been
placed with one of TC3Net's carrier partners. Therefore a Client who terminates an order for the Services will be subject to either
an early cancellation or early termination fee and other possible inventory and installation recovery fees, based on contract type
and point of time when terminated. Client is granted a Grace Period of 3 business days, after they have signed the Terms of
Service agreement, if they wish to cancel their DSL order. Client must contact TC3Net in writing by sending a cancellation letter
to: TC3Net, attn. Cancellation Department, 247 S Main St Adrian MI 49221 to accomplish this.
A. Initial Term. Client agrees to retain TC3Net DSL service for 12 monthly billing cycles as stated in section (8) of this Terms of Service agreement and agrees to these additional conditions.
i. Early Cancellation Fee. A Client who terminates an order within the first 30 days of ordering TC3Net DSL service
OR prior to installation completion OR which ever occurs sooner will be charged a $125 Early Cancellation Fee.
Installation is complete when the DSL Services are activated at Client's location.
ii. Early Termination Fee. A Client who terminates the Services after installation of Services but prior to the
completion of the Initial Term, may be liable for any or all of the following termination charges. Termination
charges are billed in one lump sum and shall be payable immediately upon termination.
1. An amount equal to the monthly recurring charge multiplied by the number of months remaining on the Initial
Term.
2. An additional termination charge in an amount equal to any promotional credit, discount, outstanding balance,
or fee waiver (if applicable) provided to the Client.
3. Items (1) and (2) shall not exceed $175.
4. NREF - A mandatory DSL modem non-returned equipment fee of $145.95 + tax will be charged to Client and maybe credited upon
TC3Net receiving DSL modem in original packaging and in good working condition. Working condition of
DSL modem will solely be based on TC3Net's discretion.
B. Renewal Term. Client agrees to retain TC3Net DSL service for 12 monthly billing cycles as stated in section (8) of this
Terms of Service agreement and agrees to these additional conditions.
i. Early Termination Fee. A Client who terminates the Services prior to the completion of the Renewal Term, may
be liable for any or all of the following termination charges. Termination charges are billed in one lump sum and
shall be payable immediately upon termination.
1. An amount equal to the monthly recurring charge multiplied by the number of months remaining on the
Renewal Term.
2. An additional termination charge in an amount equal to any promotional credit, discount, outstanding balance,
or fee waiver (if applicable) provided to the Client.
3. Items (1) and (2) shall not exceed $175.
(10)Moving Policy.
If DSL service IS available at Client's new location:
In the event a line needs to be provisioned at Client's new
location, Client will be charged a pass-through installation
fee to the extent that TC3Net is charged an installation fee
by TC3Net's carrier partner.
In the event Client requires new equipment at Client's new
location, Client will be charged for such new equipment on a
pass-through basis to the extent that TC3Net incurs expense
for such new equipment.
If DSL service IS NOT available at Client's new location
TC3Net will cancel Client's service agreement after Client
provides TC3Net with proof of move (for example, copy of
phone bill, utility bill showing new address) and Client will
not be accountable for remaining months of the Initial Term.
If Client received free equipment; Client will return such
equipment to TC3Net or be charged an equipment nonreturn fee.
If Client received free installation; Client will be charged
the standard installation fee, prorated over the Initial Term.
(11) Reconnect Fee. If the Services are terminated due to non-payment and/or breach of the Terms and Conditions or AUP, Client agrees to pay a reconnection fee, if Services are reactivated. Please visit http://www.tc3net.com/pricing for an updated price list or call our office at 517-265-7872.
(12)Limited Warranty. THE SERVICES PROVIDED BY TC3Net ARE PROVIDED “AS IS.” TC3Net MAKES NO
WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY
REGARDING THE RELIABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF ITS SERVICES.3 of 4
(13) No Liability for Content. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT TC3Net EXERCISES NO CONTROL
OVER THE NATURE, CONTENT OR RELIABILITY OF THE INFORMATION AND/OR DATA PASSING THROUGH ITS
NETWORK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TC3Net, ITS DEALERS, AGENTS OR
EMPLOYEES SHALL CREATE A WARRANTY AND CLIENT MAY NOT RELY ON ANY SUCH INFORMATION OR
ADVICE. TC3Net MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE
QUALITY, ACCURACY OR VALIDITY OF THE INFORMATION AND/OR DATA RESIDING ON OR PASSING
THROUGH ANY NETWORK. USE OF ANY INFORMATION AND/OR DATA OBTAINED FROM OR THROUGH
SERVICES PROVIDED BY TC3Net WILL BE AT CLIENTS OWN RISK. THE INTERNET CONTAINS UNEDITED
MATERIALS WHICH MAY BE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING
THE SERVICES. TC3Net HAS NO CONTROL OVER SUCH MATERIALS AND ACCEPTS NO RESPONSIBILITY FOR
SUCH MATERIALS.
(14)Limitation of Liability. CLIENT ACKNOWLEDGES THAT TC3Net IS NOT LIABLE FOR ANY ERRORS OR
INTERRUPTION IN THE INSTALLATION PROCESS OR IN PROVIDING THE SERVICES, WHETHER WITHIN OR
OUTSIDE THE CONTROL OF TC3Net. UNDER NO CIRCUMSTANCES SHALL CLIENT HOLD TC3NetRESPONSIBLE FOR ANY FORM OF DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION ANY DIRECT,
INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOSSES, INCLUDING LOSS OF
PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES AND PERSONAL INJURIES AND DEATH)
SUFFERED FROM, BUT NOT LIMITED TO ERRORS, DELAYS, LOSS OF INFORMATION, DELAYS IN THE
INSTALLATION OR PROVISIONING PROCESS, OR INTERRUPTIONS IN THE SERVICES CAUSED BY THE CLIENT,
TC3Net OR A THIRD PARTY'S NEGLIGENCE, FAULT, MISCONDUCT OR FAILURE TO PERFORM. CLIENT
UNDERSTANDS THAT TELECOMMUNICATION AND/OR NETWORK ACCESS SERVICES MAY BE TEMPORARILY
UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE AND FOR OTHER REASONS WITHIN AND
OUTSIDE OF THE DIRECT CONTROL OF TC3Net. UNDER NO CIRCUMSTANCES DO ANY SUCH ERRORS,
DELAYS, INTERRUPTIONS IN SERVICES OR LOSS OF INFORMATION NULLIFY OR MODIFY THESE TERMS AND
CONDITIONS. TC3Net RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A CLIENT AT ANY
TIME WITHOUT CAUSE.
(15) Client Complaint Resolution. In order to resolve a complaint regarding the Services or to receive further information regarding
the use of the Services, Client should contact TC3Net Inc., attn. Client Care Department, 247 S Main St Adrian MI 49221.
(16) Additional Terms and Conditions. TC3Net may, from time to time, send e-mail messages or other forms of communication to
Client containing advertisements, promotions, etc. which may be offered by third parties. TC3Net makes no representation or
warranty with respect to the content of any such third party communications or goods or services which may be obtained in
response to such communications and Client agrees that TC3Net shall not have any liability with respect thereto, nor shall any
such messages amend the Terms and Conditions unless specifically agreed to in writing by TC3Net. Additionally, TC3Net's web
site may contain links to web sites operated by parties other than TC3Net. Such links are provided for your convenience only.
TC3Net does not control such web sites and is not responsible for their contents. TC3Net's inclusion of links to such web sites
does not imply any endorsement of the material on such web sites or any association with their operators.
(17)Entire Agreement. The Terms and Conditions contains the entire agreement and understanding concerning the services and
supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral. The Terms
and Conditions may be modified at any time by TC3Net and the latest version may be found at www.TC3Net.com. A printed
version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative
hearings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed form.
(18) Assignment and Successors in Interest. All of the Terms and Conditions shall be binding upon, inure to the benefit of, and be
enforceable by the respective successors and permitted assigns of Client. Except as specifically stated herein, neither these Terms
and Conditions nor any of the rights, interests or obligations of Client or TC3Net shall be assigned or delegated without the prior
written consent of TC3Net. Any unauthorized assignment or delegation shall be null and void. Notwithstanding the foregoing,
TC3Net may assign or otherwise transfer its rights and obligations to any affiliate (whether by purchase of stock or assets,
merger, operation of law, or otherwise) of that portion of its business related to the subject matter hereof.
(19) Arbitration. Any controversy or claim arising out of or relating in any way to these Terms and Conditions, the breach thereof, or
the subject matter thereof, if not otherwise settled by the parties, shall be finally settled by binding, expedited arbitration in
accordance with the Rules of the American Arbitration Association as applicable. In the event that such Rules do not cover a
question arising during the arbitration, then the laws of the United States of America pertaining to arbitration shall apply. The
arbitration proceedings shall be conducted in (and the parties consent to personal jurisdiction and venue in) Lenawee County,
Michigan, U.S.A. The arbitration shall be carried on by a single arbitrator selected in accordance with such Rules and all hearings
shall be before and transcribed by a certified court reporter. Until a determination hereunder, the parties shall share the payment
of the expenses of the arbitrator and the court reporter. The arbitrator shall provide for discovery for a period of one hundred and
twenty (120) days following the selection of the arbitrator, with questions relating to such discovery determined by the arbitrator.
The arbitrator's award shall be in writing, and shall include detailed Findings of Fact and Conclusions of Law. The arbitrator's
award shall be rendered within sixty (60) days after the conclusion of the arbitration proceedings (i.e., after the matter is deemed
submitted to the arbitrator). Judgment upon the arbitration award rendered by the arbitrator may be entered in and enforced by any 4 of 4
court or tribunal having jurisdiction thereof. The arbitration award shall have the same force and effect as if the award and
decision were made and entered by a trial court or tribunal of competent jurisdiction.
(20) Choice of Law. These Terms and Conditions shall be construed in accordance with the laws of the State of Michigan (excluding
rules regarding conflicts of law) and the United States of America.
(21) Severability. In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment
that any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision
will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and
Conditions will remain in full force and effect.
(22) Indemnification. Client shall indemnify and hold TC3Net harmless against any and all claims, losses, damages and liabilities
sustained by TC3Net resulting from, arising out of, or connected with any breach of, or non-fulfillment of any representation,
warranty, covenant or agreement made by or other obligation of Client contained in these Terms and Conditions.
(23) Line Share to Stand Alone Conversion. There is a one time line share charge to convert a line share DSL service to stand alone DSL service. This price is a minimum $65 charge and is subject to change. Please visit http://www.tc3net.com/pricing for an updated price list or call our office at 517-265-7872.
TC3 DSL TERMS OF SERVICE CONDITIONS AND REGULATIONS
