TERMS AND CONDITIONS TERMS AND CONDITIONS

This Agreement for either Internet Access, Local Service, Long Distance or Managed IT Services (“Service”) is entered into between the Customer whose signature appears on the reverse side (“Customer”) and Eastern Telephone & Technologies, Inc. (“Eastern”) and is subject to acceptance by Eastern.  This Agreement shall only be binding after Service has been activated. Customer acceptance is limited to the terms and conditions of this offer.  Prior to acceptance, the Eastern may reject a request for Service for any reason, including lack of credit approval for the Customer.

  1. TERM  The term of the Agreement for Service shall begin on the date of activation for Service and shall continue for the number of months selected on the reverse side of this Agreement, and then shall continue month to month until terminated in a manner as provided below.
  2. RATES  The rates for Service are specified on the reverse side and the Customer agrees to pay all charges for Service billed in accordance with this Agreement.  Service charges include all charges recorded to Customer’s Bill To Number, including calls made and received.  Eastern may increase or decrease the prices for Service, and the amended prices shall automatically become part of this Agreement.  Eastern reserves the right to revise, in its sole discretion, the rates, terms and conditions of its agreement with Customer.
  3. Terms and Use Policy a. Local Service Customers with our Unlimited Long Distance plan must be aware of the following use policy. Use of auto-dialers, and calls to online service, Broadcast fax transmissions and data usage traffic are prohibited under this plan.  Plan usage does not include multi-party conference calls, calls to 900 numbers, directory assistance, calling card, or operator services. b. Internet Access Service Terms and Use Policy are listed online at www.ETTKy.com/Internet-Terms-Use-Policy/
  4. TERMINATION  Customer may terminate this Agreement and Service upon thirty (30) days notice. If Customer fails to pay any sum under this Agreement when due, breach any representations herein, fail to perform any obligations in the time and manner specified, or fail to maintain any Equipment without damage or interference to the Eastern’s business or facilities, Eastern shall have the right to discontinue the service at any time without notice and/or terminate this Agreement. Upon termination of this Agreement for any reason, the Customer is and will remain, liable for the payment of all Charges due.  Further, the Customer may be subject to reactivation charges if service is subsequently reinstalled.
  5. SERVICE  Eastern shall provide and the Customer shall accept Service as shown on the reverse side of this Agreement, for any lawful purpose, subject to the terms and conditions specified in the agreement. The Customer is responsible for ensuring that the Customer’s Equipment is technically and operationally compatible with the Service system and in conformance with applicable Federal Communications Commission (FCC) rules and regulations. The Customer will not use its Equipment for any unlawful or abusive purpose or in such a way as to create damage or risk to the Eastern’s business reputation, employees, facilities, or to third parties or the public generally.  If the Customer’s use of its Equipment adversely affects the Service provided to other customers, the Eastern reserves the right to terminate Service without notice.
  6. ADDITIONAL SERVICES It is likely that the Customer will from time to time subscribe to additional Services.  All additional Services not listed on the reverse side of this Agreement but have been activated at the Customers request shall be subject to these same terms and conditions.
  7. AVAILABILITY  Service is subject to transmission limitations caused by atmospheric, topographical and other like conditions.   Additionally, Service may be temporarily refused, limited, interrupted or curtailed due to government regulations/orders, system capacity limitations, limitations imposed by and underlying carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary for proper operation or improvement of Service.  Certain Services may be provided by other carriers and subject to their regulations and charges.
  8. BILLING AND PAYMENTS Payment is due to Eastern upon receipt of invoice by Customer. The Customer shall be responsible for payment of all charges for Service furnished by Eastern, including applicable taxes for Service furnished, including usage charges (which are in addition to regular monthly service charges).  Usage Charges also includes all long distance charges on Copper Local Service Lines for all calls made or received by the Customer, including any applicable landing access charges and toll charges resulting from the origination of calls to points outside the Eastern’s local calling area and charges from other telephone companies for services used by Customer in their local calling area.  Payments received after the due date of an invoice may incur a late payment charge of five dollars or 1.5% per month of the unpaid balance for each month or fraction thereof that such balance shall remain unpaid.  Eastern may, to the extent permitted by law, charge the Customer a return check fee of $35.00 for a check returned for any reason.  Eastern may, at its sole discretion and in order to safeguard its interest, require the Customer to make suitable deposit(s) to be held by Eastern as a guarantee of the payment charges.  Eastern has the right to apply all or part of the deposit toward any amount due and owing from the Customer.  Eastern will pay simple interest on the deposit from the date received until it is returned to the Customer or applied against any outstanding charges. At the one year anniversary date, the Customer’s account will be evaluated for current payment history and Eastern may return the deposit to the Customer.  If Eastern determines that a deposit is no longer necessary, or if this agreement is terminated, Eastern will refund the deposit by applying it against any charges due and owing.  Any remaining credit balance will be returned by check.
  9. INDEMNIFICATION  Under no circumstance shall Eastern be liable for any damages of any kind or nature that result from the Customer’s use of, or inability to use any Service or Equipment provided by Eastern.  The Customer agrees to indemnify and hold Eastern harmless from all claims arising out of or in connection with the use of any Service or Equipment by the Customer.  If the Customer is dissatisfied with any Service or Equipment supplied by Eastern or these terms or conditions, the Customer’s sole remedy is to terminate this agreement.
  10. OWNERSHIP  Rented or Eastern Supplied Equipment (Equipment) shall remain the property of Eastern and the Customer has no rights, title or interest in the Equipment except as expressly provided in this Agreement.
  11. ASSIGNMENT  The Customer may not transfer or assign this Agreement without the prior written consent of Eastern.
  12. DEFAULT If the Customer defaults on any of the terms of this Agreement, the Eastern may interrupt service or terminate this Agreement after reasonable notice to the Customer. Upon termination, the Customer shall return all Equipment to Eastern. Termination by Eastern does not relieve the Customer of any obligations under this Agreement if the Customer fails to return the Equipment or pay all Monthly Charges.  The Customer agrees to pay all costs incurred by Eastern in the repossession of all Equipment or in the collection of unpaid Monthly Charges, including but not limited to court costs and attorney fees.
  13. SEVERABILITY  No action or inaction on the part of Eastern shall constitute a waiver of any right of Eastern to enforce any part of this Agreement.  The invalidity or un-enforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision.
  14. CONSTRUCTION  This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.
  15. PREFERRED CUSTOMER DISCOUNTS  The Customer may elect a 24 month or 36 month Agreement in order to receive discounts on their Services or a waiver of installation charges. In the event Customer discontinues Service with Eastern prior to the expiration of the term chosen, the Customer shall pay to Eastern the amount of the discounted charges and waived installation charges for the services that the Customer had received as a result of Customer’s participation in the program. In addition to the reimbursement of discounts and installation charges, termination liability charges for individual services may apply.  In the event Customer changes service locations for Services, Customer shall notify the Billing Manager at 800-844-0043 to advise of the change in service location.  In the event that Customer is switched without authorization to another carrier for Business Local service, Customer must notify the Billing Manager at 800-844-0043 to continue this program once an improperly switched account has been returned to Eastern.  At the end of the term listed term on the reverse side, this agreement will continue Month to Month under the same terms and conditions as listed above for the listed Services on the reverse side.