TC3 TELEPHONE TERMS OF SERVICE CONDITIONS AND REGULATIONS
Agreement version: 20110816v1 (Last Updated: 2011 August 16)
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 THESE 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 THESE 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 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 "CUSTOMER."
1. Services. Customer agrees to
purchase telecommunication and network access services ("Services")
jointly from TC3Net and TC3 Telecom. The TELEPAK product is a bundled
product composed of (a) TELEPAK Broadband Internet Service provided by
TC3Net, and (b) DSL Capable Residential Telephone Service Bundle
provided by TC3 Telecom. These two products are only offered by
TC3Net and TC3 Telecom as a bundle. TC3Net does not offer the TELEPAK
Broadband Internet Service as a stand alone product. TC3 Telecom
provides the DSL Capable Residential Telephone Service in accordance
with the terms and conditions set forth in its tariff on file with
the Michigan Public Service Commission (available online at
http://www.tc3net.com/info). Customer shall be responsible
for obtaining and maintaining any equipment needed to access,
connect to, or use the Services. Customer shall be responsible for
insuring that such equipment is compatible with the Services.
Services provided by TC3Net are for the sole use of the Customer 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
Customer attempts to resell the Services, TC3Net may, at its sole
discretion, increase the fees associated with the Services, or
terminate the Services.
2. Billing. Customer shall receive a combined
monthly invoice from TC3Net indicating the charges for Services
provided by TC3Net and TC3 Telecom. Customer agrees to pay all
charges to Customer’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. Customer
understands that TC3Net is not a licensed local telephone service
provider and is acting solely as a billing agent for TC3 Telecom by
collecting monies due for the DSL Capable Residential Telephone
Service, and remitting said monies to TC3 Telecom on the customer’s
behalf.
3. Payment. Customer agrees to provide TC3Net
with accurate and complete billing information, including Customer’s
legal name, address, telephone number and credit card or checking
account information. Customer 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 Customer’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 Customer has purchased
Services. Customer 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.
4. Delinquent accounts. If payment is not
received by TC3Net within five (5) days from the date payment is
due, a Customer’s account is considered delinquent. Any partial
payments received will be first applied to the TC3 Telecom portion
of the outstanding balance, and any remaining portion will be
applied to the TC3Net portion of the balance. When an account
becomes delinquent, each company providing the Services will
implement its Delinquent Account policy as follows: a.
TC3Net Delinquent accounts are subject to immediate
termination or suspension of the Internet portion of the Services at
the sole discretion of TC3Net. The Customer will be subject to a
late payment fee of 1.5% per month of the outstanding balance on
Customer’s account or $15 dollars, whichever is greater (not to
exceed the maximum rate permitted by law). Customer is also
responsible for all attorney and collection fees arising from our
efforts to collect any unpaid balance. A Reactivation Fee as
specified in section 13 may be assessed if the Customer elects to
continue service after the outstanding balance is satisfied. b.
TC3 Telecom Delinquent accounts are subject to the terms of
TC3 Telecom’s tariff provisions Sec. 2.5.6 (A).
5. Intended Use of the Services. Customer 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, and the intentional or
unintentional transmission of materials that may contain computer
viruses or other code or programs that pose a threat to other
systems is prohibited, and TC3Net reserves the right in its sole to
suspend or terminate the Services in the event of such violation.
This provision shall not be interpreted to create any duty on the
part of TC3Net to monitor content or Customer usage, nor shall it
give any third party a right or cause of action against TC3Net for
failure to exercise its rights under this provision. Suspension or
termination of service under this paragraph or for any other reason
under this Agreement except an inability of TC3Net to provide
services as agreed shall not relieve Customer of the obligation to
pay for services as provided in this Agreement.
6. Privacy; Monitoring of Internet services. TC3Net is under no obligation to monitor the Internet services
portion of the TELEPAK bundle (Internet Services), but TC3Net may do
so from time to time and TC3Net may disclose information regarding
Customer’s use of the Internet 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
Internet Services in an effective manner, or to otherwise protect
TC3Net and its customers. 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. Customer 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
7. IP Addresses. IP addresses are not portable
and are not assigned for independent administration or distribution.
Customer understands that IP assignments are not guaranteed, and may
be modified as required by TC3Net and/or the American Registry for
Internet Numbers (ARIN).
8. Restrictions. The Services are intended for
residential use only, and cannot be used for commercial purposes.
Customers who subscribe to Services agree not to run any servers in
conjunction with such Services, including but not limited to, Web,
electronic mail, NAT, DHCP, peer-to-peer file sharing, and DNS
servers. In the event a Customer attempts to utilize a server on the
network, TC3Net may, at its sole discretion, increase the fees
associated with the Services, suspend the Services, or terminate the
Services.
9. Inside Wiring and Installation. Customer
acknowledges that the inaccessibility of Customer’s or third party’s
facilities required to provide the Services or other operational
impediments may preclude or delay delivery of Services. Customer
acknowledges that the installation representative may require inside
wiring for completing Services delivery at additional hourly or
other charges. In the event the Customer fails to keep an
installation appointment, TC3Net may charge the Customer a fee to
recover any costs associated with an additional installation
appointment.
10. Term / Cancellation. Customer agrees to
maintain Services for the duration of the Initial Term of 6 months.
After the Initial Term, Services shall automatically renew on a
month-to-month basis unless Customer otherwise agrees to an
additional term commitment. Provided Customer does not agree to an
additional term commitment, Customer may terminate the Services at
the end of the Initial 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.
11. Early Termination. Customer acknowledges
that TC3Net incurs significant expense once a Customer’s order for
Services has been placed with one of TC3Net’s carrier partners, and
therefore a Customer who terminates an order for the Services after
the Customer’s Services order has been placed with one of TC3Net’s
carrier partners (but prior to installation of the Services) will be
charged a $60.00 cancellation fee. A Customer who terminates the
Services after installation of the Services but prior to the end of
the Initial Term, may be liable for any or all of the following
termination charges: (1) an amount equal to the monthly recurring
charge for the TELEPAK Broadband Internet Service portion of the
Services multiplied by the number of months remaining on the Initial
Term; and (2) an additional termination charge in an amount equal to
any promotional credit, discount, or fee waiver (if applicable)
provided to the Customer. Termination charges are billed in one lump
sum and shall be payable immediately upon termination.
12. Moving Policy. The following policies apply
to Customers who move before the expiration of the Initial Term:
If TELEPAK service IS available at
Customer’s new location:
If TELEPAK service IS NOT available at
customer’s new location:
• The Customer will be charged the
normal installation fee for the Services to be installed at the
Customer’s new location.
• The Customer’s Initial Term is not affected by moving to a new
location.
• If the Customer has not completed
the Initial Term applicable Early Termination Fees will apply.
• If Customer received free equipment, Customer will return such
equipment to TC3Net.
• If Customer received free installation, Customer will be
charged the standard installation fee, prorated over the Initial
Term.
• Early Termination Fees may be reduced or waived if Customer
elects to subscribe to other TC3Net Internet Services.
• Customer may elect to continue Local Phone Service with TC3
Telecom. Specific arrangements must be made with TC3 Telecom.
13. Reconnect Fee. If the Services are
terminated due to non-payment and/or breach of the Terms and
Conditions or Acceptable Use Policy, Customer agrees to pay a
reconnection fee, if Services is reactivated.
14. TELEPAK Maintenance Fee. These are
maintenance fees added to your invoice for requested work to be
completed on your TELEPAK DSL line. Items can include but are not
limited to; DSL speed changes, moving changes, new phone number,
and all others that will effect your DSL connection. A one time $65
line item charge will be added to your TELEPAK invoice for each
request made and has been completed. This charge will be added to
your next recurring invoice.
15. 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.
16. No Liability for Content. CUSTOMER 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 CUSTOMER 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
CUSTOMERS OWN RISK. THE INTERNET CONTAINS UNEDITED MATERIALS WHICH
MAY BE SEXUALLY EXPLICIT MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING
THE SERVICES, OR MAY CONTAIN HARMFUL CODE OR PROGRAMS SUCH AS COMPUTER
VIRUSES. TC3Net HAS NO CONTROL OVER SUCH MATERIALS AND ACCEPTS
NO RESPONSIBILITY FOR SUCH MATERIALS.
17. Limitation of Liability. CUSTOMER 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 CUSTOMER HOLD
TC3Net RESPONSIBLE 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 CUSTOMER, TC3Net OR A THIRD PARTY’S NEGLIGENCE, FAULT, MISCONDUCT OR FAILURE
TO PERFORM. CUSTOMER 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 CUSTOMER AT ANY TIME
WITHOUT CAUSE.
18. Customer Complaint Resolution. In order to resolve a complaint
regarding the Services or to receive further information regarding
the use of the Services, Customer should contact TC3Net Inc., attn.
Customer Care Department, 247 S Main St Adrian MI 49221 or you may call TC3Net at 517-265-7872.
19. Additional Terms and Conditions. TC3Net may, from time to
time, send e-mail messages or other forms of communication to Customer
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 Customer 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.
20. Entire Agreement. The TC3Net TELEPAK Products Service 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 of the Terms and Conditions may be
found at http://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.
21. 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 Customer. Except as specifically stated herein, neither these
Terms and Conditions nor any of the rights, interests or obligations
of Customer 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.
22. 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 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.
23. 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.
24. 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.
25. Indemnification. Customer 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 nonfulfillment of any representation, warranty,
covenant or agreement made by or other obligation of Customer contained
in these Terms and Conditions.
a.
TC3Net Delinquent accounts are subject to immediate
termination or suspension of the Internet portion of the Services at
the sole discretion of TC3Net. The Customer will be subject to a
late payment fee of 1.5% per month of the outstanding balance on
Customer’s account or $15 dollars, whichever is greater (not to
exceed the maximum rate permitted by law). Customer is also
responsible for all attorney and collection fees arising from our
efforts to collect any unpaid balance. A Reactivation Fee as
specified in section 13 may be assessed if the Customer elects to
continue service after the outstanding balance is satisfied.
