Terms of Service

1.1 In Consideration of services rendered and to be rendered, the Customer guarantees the payment of all charges incurred by the Customer(s) for services provided by Livingston Telephone Company/Telcom Supply.

1.2 The Customer further agrees that said account and all future charges will be paid on or before the 16th day of each month. Charges are rendered on the first day of each month and are considered delinquent after the due date of the 16th of the month and shall be assessed a late charge of 5% per month. Ten days after the due date of the 16th any accounts still delinquent will be suspended from use until the charges have been paid in addition to an applicable reconnect fee.

1.3 In case of errors or questions about a bill, the Customer is to refer all inquiries as soon as possible by either sending email to telcom@livingston.net or by calling 936-328-1108. The Customer must respond no later than the due date of the 16th of the first bill on which the problem or error appeared. After this time, Livingston Telephone Company/Telcom Supply will consider the bill to be correct.

1.4 If the account becomes delinquent and it becomes necessary to forward this account to an attorney/collection agency for collection, the Customer agrees to pay an attorney's/collection agency fee for the handling of the same.

2.1 Livingston Telephone Company/Telcom Supply reserves the right to terminate all services to any customer with multiple acounts should any such account become delinquent and are not paid within 10 days of any billing due date. Multiple accounts include but are not limited to parent, subsidiary, and affiliated corporations; individuals and partnerships; individuals and sole proprietorships; and any other entities to which there is any direct or indirect connection between the accounts.

2.2 Customer understands that Livingston Telephone Company/Telcom Supply reserves the right to terminate any account for any reason and at any time. Customer's sole remedy is to receive a refund for prepaid but unused services.

3.1 The Customer additionally agrees to provide Livingston Telephone Company/Telcom Supply with either an email addressed to telcom@livingston.net or a signed request form(from the office) to request to cancel the account.

4.1 The Customer will be provided with or will select an identification code (username) and confidential password for customer's exclusive use. The customer account is intended to be a single-user account. Customer agrees to pay and be responsible for, upon receipt of each monthly statement, all usage of this identification code. In locations where simultaneous login with the same username is allowed, Customer understands that there will be an additional charge for the duration of all concurrent sessions.

4.2 The Customer understands that, while Livingston Telephone Company/Telcom Supply makes every effort to maintain the security of its machines and passwords, Livingston Telephone Company/Telcom Supply is not liable if Customer's username and/or password is compromised. Further, the Customer is expected to maintain a secure password consisting of no known word or phrase and using numbers or letters. Hence, the customer may be held liable for any actions taken by an individual or group who have obtained/guessed the customer's password and used it to access his account. Under no circumstances is Livingston Telephone Company/Telcom Supply liable for the actions taken by a compromised account.

5.1 Livingston Telephone Company/Telcom Supply services and accounts may only be used for lawful purposes. Copyright compliance is to be maintained. Use of a Livingston Telephone Company/Telcom Supply account or service in an illegal manner is grounds for immediate termination. Customer agrees to hold harmless and indemnify Livingston Telephone Company/Telcom Supply against any claims or charges that arise from Customer's use of Livingston Telephone Company/Telcom Supply services and/or accounts.

5.2 Use of an Livingston Telephone Company/Telcom Supply account to gain passwords, encryption codes, or other security information of Livingston Telephone Company/Telcom Supply and/or other sites on any computer network is grounds for immediate termination and, if illegal, will be reported to the proper authorities. Use of an Livingston Telephone Company/Telcom Supply account to break into an Livingston Telephone Company/Telcom Supply or other site's machine is also grounds for immediate termination and will be reported to the affected site and the proper authorities.

6.1 While Livingston Telephone Company/Telcom Supply does not in any way monitor the content of any Customer's e-mail, Usenet postings, downloads, etc., the Customer acknowledges that Livingston Telephone Company/Telcom Supply has the right to monitor user activity if said activity is adversely impacting Livingston Telephone Company/Telcom Supply service and/or another site. Livingston Telephone Company/Telcom Supply will not, however, disclose user activity to another site or entity unless required by court order, subpoena, or other legal force.

6.2 Livingston Telephone Company/Telcom Supply reserves the right to move, delete, or reduce the Customer's mailbox if said mailbox has reached a size that is adversely affecting system performance. Further, Customer acknowledges that Livingston Telephone Company/Telcom Supply has the right to kill any email processes being run by the Customer that are adversely affecting system performance. In these and all instances of system performance being affected, Livingston Telephone Company/Telcom Supply is the sole judge of what is adverse.

6.3 Livingston Telephone Company/Telcom Supply can not guarantee access to all web sites.

7.1 Information transmitted over the Internet and/or other computer networks is generally notconsidered to be secure. While Livingston Telephone Company/Telcom Supply respects the privacy of our customers, the customer understands that there is no guaranteed privacy on the Internet and that Livingston Telephone Company/Telcom Supply can not be liable or responsible for any viewing or interception of Customer's e-mail, downloads, news, etc., by other customers or individuals at Livingston Telephone Company/Telcom Supply or on any network.

8.1 Livingston Telephone Company/Telcom Supply makes no warranty of its service and availability. While a good faith effort will be made to restrict any and all downtime to scheduled maintenance periods, no guarantees are made as to any account, product, or service offered by Livingston Telephone Company/Telcom Supply. In addition, Livingston Telephone Company/Telcom Supply makes no warranty of Customer transmissions, connections, downloads, etc. Customer is solely responsible for any losses, damages, or expenses related to service failure, whether caused by Livingston Telephone Company/Telcom Supply or a Customer, and agrees that Livingston Telephone Company/Telcom Supply shall not be liable for any or all of the same.

8.2 The Customer agrees to indemnify and hold Livingston Telephone Company/Telcom Supply wholly harmless from and against any and all liabilities that may arise as a result of the failure of services, equipment or software of Livingston Telephone Company/Telcom Supply, with the exception of willful misconduct or omissions of Livingston Telephone Company/Telcom Supply.

8.3 Per the PUC substantive rules from December 1987, Livingston Telephone Company is only responsible for the wiring and cable from our office to the dmark(protector box). We are not responsible for wiring in the home, nor are we responsible for customer equipment; such as the modem and network card needed for DSL and ISDN services(including equipment purchased from Livingston Telephone Company/Telcom Supply). If we make a trip to the customer home and discover the problem is in the customer's equipment then there will be a standard trip fee charged to the customer, plus an hourly charge for time spent servicing the customer equipment. Any equipment replaced will be charged to the customer.

9.1 Customer agrees to abide by the generally accepted rules of netiquette and the acceptable use policies of any networks or services accessed while using Livingston Telephone Company/Telcom Supply. It is the responsibility of the Customer to familiarize himself/herself with these rules if he or she is not already cognizant of them. Violations of said rules and policies may be grounds for termination of Customer's account with Livingston Telephone Company/Telcom Supply, with Customer agreeing to abide by Livingston Telephone Company/Telcom Supply's interpretation of the above.

9.2 Netiquette violations that may result in the termination of Customer's account include, but are not limited to, the following:

a. Using an Livingston Telephone Company/Telcom Supply mail server to "mail bomb" users/sites on the net. Mail bombing in this sense refers to sending very large and/or very many messages to a user or site, usually in the hopes of filling their disk space or quota and causing their mail server to crash or their mail to bounce.

b. Sending unsolicited e-mail which provoke complaints from the recipient(s).

c. Posting a single article or substantially similar articles to an excessive number of newsgroups (e.g., more than 10) which provoke complaints.

d. Continued harassment of other users, whether Livingston Telephone Company/Telcom Supply or not, after being asked to stop the correspondence by both the recipient and Livingston Telephone Company/Telcom Supply.

e. Sending mass e-mail (e.g., more than 20 recipients) that provokes complaints to Livingston Telephone Company/Telcom Supply, or sending such mail of such a large volume or size that it adversely affects a Livingston Telephone Company/Telcom Supply mail server.

f. Posting and/or e-mailing pyramid schemes and/or chain letters to any newsgroup, mailing list, or individual.

g. Making repeated off-topic posts that generate complaints to Livingston Telephone Company/Telcom Supply. While Livingston Telephone Company/Telcom Supply does not monitor the contents of its users' posts, it does expect the Customer to abide by the charter of each newsgroup and will respond to complaints of repeated charter violations.

h. Engaging in any of the above from another provider and referencing an Livingston Telephone Company/Telcom Supply mail account or WWW page in the message.

i. Running bots or other automated processes on any IRC server, whether said server is run by Livingston Telephone Company/Telcom Supply or not.

j. Harassing other IRC users, whether by kicking them off a channel, mass messaging, or other means.

k. Impersonating another user and/or forging header information on e-mail or posts.

l. Using a server of Livingston Telephone Company/Telcom Supply or another site to exchange, store, and/or facilitate usage of pirated software or software designed to facilitate piracy.

m. Using a server of Livingston Telephone Company/Telcom Supply to distribute instructions on "hacking" into computer systems, creating viruses, or interfering with telephone services.

10.1 Livingston Telephone Company/Telcom Supply reserves the right to change this agreement at any time. Notice of change will be sent to you via e-mail. By using any Livingston Telephone Company/Telcom Supply services, the Customer agrees that he or she has read and understands these terms and conditions and agrees to be bound by them.

10.2 By making use of an Livingston Telephone Company/Telcom Supply account, the Customer certifies to Livingston Telephone Company/Telcom Supply that he or she is eighteen (18) years of age or older. If the Customer allows an individual under eighteen years of age to access the Internet from Customer's Livingston Telephone Company/Telcom Supply account, Customer takes full responsibility for the minor's access to any information that might be viewed as adult or unsuitable and agrees to hold harmless and indemnify Livingston Telephone Company/Telcom Supply for any claims or charges that arise from said minor's use of service.

10.3 Customer acknowledges that the Internet contains some information that may be deemed offensive, obscene, or adult in nature. Customer accesses such information at his or her own risk, and understands that Livingston Telephone Company/Telcom Supply has no way to limit access to this type of material located on the server of other providers. Customer understands that Livingston Telephone Company/Telcom Supply reserves the right to remove from its server any material that Livingston Telephone Company/Telcom Supply management deems to be objectionable. Customer will be notified by e-mail at the time the material is removed. Repeated portrayal of objectionable material on Livingston Telephone Company/Telcom Supply servers will be grounds for termination of the user account.

10.4 The Customer agrees to take responsibility for any accesses, retrieval, and/or storage of any and all information available to Customer from his/her Livingston Telephone Company/Telcom Supply account. The Customer indemnifies Livingston Telephone Company/Telcom Supply against any and all claims or charges relating to the information customer can or does access while using his/her Livingston Telephone Company/Telcom Supply account.

10.5 Customer shall not intentionally allow unauthorized connections to Livingston TelephoneCompany/Telcom Supply, unauthorized reselling of Livingston Telephone Company/Telcom Supply services, or the solicitiation of Livingston Telephone Company/Telcom Supply users to become subscribers of other on-line information services competitive with Livingston Telephone Company/Telcom Supply, nor shall Customer in any way duplicate any Livingston Telephone Company/Telcom Supply materials, advertising, brochures, pamphlets and the like or any other information which is proprietary toLivingston Telephone Company/Telcom Supply.

10.6 Livingston Telephone Company/Telcom Supply reserves the right to direct a customer to remove any program, process, or technique from a Web site that causes excessive utilization of Livingston Telephone Company/Telcom Supply bandwidth or resources. Livingston Telephone Company/Telcom Supply can not guarantee transfer speeds and levels from the world wide web.

10.7 Livingston Telephone Company/Telcom Supply provides a class of dial-up service with unlimited normal usage. Unlimited normal usage does NOT mean unlimited connection.

10.8 Should any violations within these Terms of Service require corrective action on the part of Livingston Telephone Company/Telcom Supply, the Customer will be held liable for all costs associated with such action.