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CT Comm provides you with our Service(s) on the condition that you comply with our Residential Terms of Service. These Terms of Service, below, include important information regarding your rights and responsibilities. Please review them carefully. The Service Application and Terms of Service (the “Agreement”) constitute the entire agreement between you and CT, and you are not entitled to rely on any other agreements or undertakings made by CT personnel other than as set forth in the Service Application and Terms of Service.

 

CT COMM RESIDENTIAL TERMS OF SERVICE

 

Acknowledgment and Acceptance of Terms of Service The CT Comm (“CT”)

 

Residential Terms of Service (“Service Terms”) are provided to you (the “Customer”) in connection with the Residential Service(s) (“Service”) the Customer has purchased from CT. By signing the Service Application (either in electronic or print form) or using CT’s Service(s), you accept (in other words, agree to be legally bound by) these Terms of Service.

 

  1. Payment & Financial Responsibilities
    1. Charges and Billing. You must pay for the Services you receive or order in accordance with our then-applicable billing procedures and practices, along with any installation or equipment charges and other applicable fees and taxes. We reserve the right to change our prices and fees, and to impose new fees, charges and surcharges, including cost recovery surcharges, as permitted by law.
      1. Installation. A one-time installation fee of $49.99 is charged when you select the two-year agreement offering with CT. If the month-to-month service offering is chosen, a one-time installation fee of $99.99 applies. The installation charges will appear on the first billing statement and are owed by the due date on your statement.
        1. Installation fee includes, but is not limited to, up to 300 feet of cabling, outside service equipment, excavation and fill-in, pole costs (if needed), and all associated labor for the aforementioned.
        2. In addition, you will be responsible for the entrance facility construction costs that are in excess of the 300 feet, and payment of such construction costs will be required prior to the commencement of the installation when associated costs exceed $250.
    2. Promotions. If you are participating in a promotional offering for a set period of time, the price you are charged for the Service(s) will not change during that period. However, you are not guaranteed that the Service(s) themselves (or the Customer-Owned Equipment or CT-Owned Equipment requirements) will remain the same, or that CT’s fees for items other than the Service(s) (such as CT-Owned Equipment charges, or late payment fees) will remain the same. Additionally, promotional rebate offers are only valid if claimed or redeemed within sixty (60) days from the time you accept the service(s) with which said promotional rebate offer applies. By not acting in the aforementioned time frame, you forfeit all claims to said promotional rebate offer, but your obligation to comply with our Customer Agreement still remains.
    3. Late Fees. If you fail to pay your bill by the due date on your statement, you may become liable for late fees and reconnection fees. You may be charged interest on past due amounts.
    4. Service Suspension Fees. If we suspend any Service(s) we provide to you (for example, because you fail to pay amounts due or you violate the Service Terms, you may be charged a fee for restoring your Service(s), in addition to charging you for the then-current cost for such Service(s) during the period of suspension.
    5. Deposits. We may require a deposit from you prior to the start of Service. CT will retain said deposit for the duration of the initial active service account. The deposit will not be considered as payment for services rendered. Upon termination of Service, the deposit shall be applied toward any unpaid balance due, if any, with the full amount or remainder, whichever is applicable, to be refunded to the customer via check.
    6. Credit Card on File. We require a credit or debit card (not a prepaid credit/debit card) to be on file for all Customer accounts prior to start of Service(s). Your credit or debit card will not be charged on a regular or on-going basis. By giving us your credit or debit card account information, you authorize us to apply this method of payment, in accordance with applicable law, to satisfy any and all amounts due upon cancellation, including non-returned equipment charges, early termination fees, or a deficit resulting from insufficient funds.
      1. You also acknowledge and agree that you are required to maintain current credit or debit card information with us, and agree to notify us whenever there is a change in such information, such as a change in the card number or the expiration date.
      2. If you do not own or have a credit or debit card, you shall be obligated to pay a refundable deposit of $100 when you activate Service(s). The deposit will be held in place of the credit or debit card and will be used as payment to satisfy, in whole or in part, any and all amounts due upon cancellation, including non-returned equipment charges, early termination fees, or a deficit resulting from insufficient funds. CT shall return a sum equal to the deposit(s) you paid minus any amounts due on your account as stated above after cancellation of Service(s).
    7. Billing Errors. Any billing errors must be brought to our attention within thirty (30) days of your receipt of the bill. Any failure to bring billing errors to our attention on a timely basis will result in your waiver of any right to receive a refund or credit.
    8. Governmental Fees, Taxes and Surcharges. You will be responsible for paying governmental fees and taxes, as determined by CT, which will be included on your bill.
  2. Equipment
    1. Access to Equipment. You will allow us to enter your premises to install, maintain or replace Equipment and to make sure our Service(s) are operating and being delivered properly to you. If you stop receiving Service(s) from us, we have the right to pick up said CT-Owned Equipment. You confirm that you are authorized to grant the rights described in this paragraph.
    2. Repairs. CT will repair and/or replace the equipment used to provide your Service(s) at no charge to you if the repair or replacement is not the result of your negligence, fault, or theft. If you are experiencing problems with your Service(s), contact our business office by calling (937) 653-4000, option 0, during our normal business hours of Monday – Friday 8am – 5pm. CT does not repair equipment owned by you such as DVD players, telephones, TV’s, etc. and is only responsible for bringing its Service(s) to the input of such equipment, if possible.
    3. Equipment Returns. You must arrange to return the CT-Owned Equipment in good condition when the Service(s) are terminated and, if you fail to do so, we have your permission to retrieve the CT-Owned Equipment from your premises at your expense. You are responsible for applicable fees until CT receives and takes possession of the CT-Owned Equipment. If we do not receive the CT-Owned Equipment within thirty (30) days after the Service(s) are terminated, it will be assumed that the CT-Owned Equipment is lost and you will be charged accordingly.
  3. Service Limitations
    1. Our Service(s) May Change. We can change the Service(s), or require that you obtain new CT-Owned Equipment, to obtain the full benefit of the Service(s), at our sole discretion.
    2. Features and Functionality May Differ. Our Service(s) may operate differently depending on the equipment you use to receive them or the location you reside within our service area. For instance, you may be serviced from a remote servicing station when our Network is limited in its capacity, whether due to technology, distance, or other external factors.
    3. Unauthorized Access. You may not share our in-home Service(s) with any person who is not a member or guest of your household or with persons outside your premises. You agree to take reasonable precautions to prevent others from gaining unauthorized access to the Service(s). If this occurs, we reserve the right to revoke your access credentials or terminate your Service(s).
    4. Theft of Service. If you knowingly access Service(s) for which you have not paid, enable others to access Service(s) for which they have not paid, or damage or alter our Equipment in any way in order to do so, you will have breached this Agreement and possibly subjected yourself to statutory damages, fines or criminal charges. Only CT may service CT-Owned Equipment. You agree not to allow anyone not employed by CT, including yourself, to open, take apart or modify CT-Owned Equipment.  If this is done, CT will have no obligation to repair or replace the equipment with charge, as set forth in paragraph 3.b, above.
  4. Service Interruptions
    1. Service Problems. We will attempt to correct Service problems caused by our Equipment or Software but we are not required to install, service or replace other Customer-Owned Equipment or software. Depending on the circumstances, you may be charged for service calls. For more information, please contact CT’s business office during regular office hours.
    2. Outages and Credits. Service interruptions shall be restored as quickly as practicable and, in consideration of Weekends and Holidays, after the trouble is reported to or identified by CT, except where restoration activity is delayed by emergency situations or acts of God. If Service is interrupted for an extended period of time, and you notify us in a timely manner of being affected by such outage, a credit may be applied at the discretion of CT to the respective bill for the Service(s) affected for such period of time as the interruption lasted. Unless required by law, such credit will not exceed the fixed monthly charges for the month of such Service(s) interruption, and will exclude all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasi-governmental fees. UNLESS PROHIBITED BY LAW, SUCH CREDIT WILL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE(S). No other liability shall attach to CT in consideration of such Service interruptions.
  5. Modifications to Service Terms
    1. Changes May be Made Online. We may change these Service Terms by amending the online version of the relevant document.
    2. Effectiveness. Any change to our Service Terms will only become binding on you thirty (30) days after the change. If you continue to use the Service(s) following such 30-day period, you agree to be legally bound by the change. If you do not agree to the change, contact our business office to cancel the Service(s).
  6. Violation of Service Terms
    1. Suspension or Termination of Service. If CT believes you have violated the Service Terms, CT has the right to suspend or terminate any or all Service(s) (including your rights to use any Software) without prior notification.
    2. Charges While Service(s) Suspended. If your Service is suspended, it may be accomplished electronically and you may be obligated to pay a fee for restoring your Service(s) in addition to charging you the regular cost for such Service during the suspension. Service restoration fee amounts are available from our business office.
  7. Limitation of Liability
    1. No Warranties. Our Services are not guaranteed to work, to be error- or virus-free, or to be compatible with any services, equipment or software not provided to you by CT or our licensors or suppliers (including Customer-Owned Equipment). Our services are provided on an “as is” and “as available” basis. Neither we nor our licensors or suppliers make any warranties of any kind with respect to these services. This includes so-called “implied warranties” (such as those of merchantability or fitness for a particular purpose).
    2. CT’s Liability is Limited. Neither CT nor our employees, agents, licensors or suppliers will be liable to you for any losses or damages of any kind based directly or indirectly on your relationship with us or our provision of the Services(s), violation of law or regulation or any other legal claim of whatever nature, to the extent such limitation of liability is permitted by law. For example, we are not liable to you for losses or damages that result from your use or inability to use the Service(s), or for any losses or damages that may result from installation, use, modification, repair or removal of customer use equipment or Customer-Owned Equipment. In no event will we be required to credit you an amount in excess of your Service fees for the month during which you suffer any losses or damages.
    3. Secure Your Communications and Data. The services and the communications you make using them may not be secure. You are responsible for securing your communications and data. CT will not be responsible if a third-party gains access to the Service(s), the Customer-Owned Equipment, or your communications or data.
    4. Damage or Loss to Your Property. It is possible that the Service(s) may result in damage or loss to your own services, equipment (including Customer-Owned Equipment), software and data (including your personal files). CT is not responsible for any such damage or loss. This includes damage or loss resulting from software downloads or other changes or modifications that are made to Customer-Owned Equipment as contemplated by this Agreement.
  8. Privacy Rights and Obligations
    1. Applicable Law. Your privacy interests, including your ability to limit disclosure of certain information to third parties, may be addressed by, among other laws, the Federal Communications Act of 1934, as amended, and the Electronic Communications Privacy Act.
    2. Exceptions. CT may (but has no duty to) disclose any information that it believes appropriate to protect its rights, comply with applicable law, safeguard its personnel, property and operations, or in situation in which it believes that one or more individuals or the public safety is in peril.
    3. Safeguard Your Account Information. You are responsible for protecting the information needed to securely access your account information and verify orders (for example, your social security number or passwords that we may issue to you).
  9. Phone and Email Contact Consent
    1. Phone Calls and Emails. We may call or email you using any number or address you provide to us (or that we issue to you) for any purpose, including marketing of our Service(s). This is true even if your numbers are included on state or federal “do not call” lists, to the extent permitted by law.
  10. Term of Agreement
    1. Term. The term of this Agreement is indefinite and Service will continue until canceled as provided herein. Unless you notify us that you wish to cancel it, we will automatically continue the Service(s) on a monthly basis.
    2. Term Pricing. You understand that the term of this Agreement may provide fixed promotional pricing of the core package, and does not cover additional usage-based Service(s). At the end of the promotional pricing term, pricing will revert to default then-applicable monthly pricing for all Service(s). You have the option to renew/upgrade the Agreement before the end of the current term to retain discounts at the present-day package pricing. Changes should be coordinated through our customer service department in person or by phone at (937) 653-4000, option 0.
    3. Early Termination Fee. If this Agreement is terminated prior to the end of your initial or renewal contract term, an early termination fee of $175 applies. See (section 11.f) below for details regarding payment of the fee.
    4. CT’s Right to Terminate Service(s). CT may terminate your Service(s) and your rights to use any Software or Equipment at any time, for any or no reason, including if we determine that you or a member of your household has received Service(s) from us in the past and failed to pay amounts owed to us.
    5. Your Right to Terminate. If you wish to terminate Service(s), you must notify us, and either return any CT-Owned Equipment to us or provide us with reasonable opportunity to schedule a visit to your location to disconnect the Service(s) and recover CT-Owned Equipment.
    6. Payment Upon Cancellation. You acknowledge that you have provided your credit or debit card account information to us. You understand that you will incur fees and charges as a result of your receipt and use of Service, and may incur early cancellation fees and/or equipment non-return fees. By giving us your credit or debit card account information, you authorize us to apply this method of payment, in accordance with applicable law, to satisfy any and all amounts due upon cancellation. You also acknowledge and agree that you are required to maintain current credit or debit card information with us and agree to notify us whenever there is a change in such information, such as a change in the card number or the expiration date.
    7. Liability. Inclusion of early termination liability by CT in its tariff or contract does not constitute a determination by the Public Utilities Commission of Ohio (PUCO) that the termination liability imposed by the company is approved or sanctioned by the PUCO. Customers shall be free to pursue whatever legal remedies they may have, should a dispute arise.
  11. Third Party Rights
    1. No Transfers or Assignments. Except with our consent, you may not transfer or assign to any other person the Service(s), the CT-Owned Equipment, or your obligation to comply with our Customer Agreements.
    2. Contractors and Licensors. We may use contractors to assist us in providing the Service(s) and we may provide you with Equipment that is owned or manufactured by a third-party. If you bring a claim against these contractors or third parties, they will have the same rights as CT has pursuant to the Agreement.

CT SERVICE(S) AGREEMENT

 

This Agreement between The Champaign Telephone Company, dba CT Comm (“CT”), and the Customer (“Customer”) sets forth the terms and conditions with respect to Customer’s use of CT’s Service(s) (“Service”). By signing below, Customer agrees to the following:

 

  1. In exchange for a monthly access fee, CT will provide Customer with Service access. Additionally, CT will provide help desk service at no charge.
  2. CT’s Service is not a guaranteed service and CT is not liable for any loss or damage, which you may incur as a result of its use or interruption of use.
    1. CT is not responsible for the content of information on said Service. It is your responsibility to determine its suitability for members of your household or business.
    2. Customer’s use of CT’s Service is subject to all applicable, federal, state, and local laws including, but not limited to, harassment, obscenity, and copyright.
    3. Customer agrees to hold CT harmless from any loss or damages arising from the use of Customer’s CT account by Customer or any third-party.
    4. Customer agrees to abide by the CT Acceptable Use Policy. It is the responsibility of the Customer to be familiar with this policy. Failure to comply with the Acceptable Use Policy (AUP) will result in termination of Customer’s Service. This policy is subject to change without notice. The Customer agrees that CT may suspend or terminate the Customer’s Service in the event of AUP violations.
  3. Customer agrees to pay bills from CT when due. If CT does not receive payment on or before the due date, CT may terminate your Service and seek payment for any amounts due from this agreement.
  4. Customer can voluntarily terminate its participation at any time upon notification to CT. CT may change the terms of service of participation in CT’s Service at any time, by notifying the Customer of the new terms of service at least thirty (30) days prior to the beginning of the calendar month in which the change takes place with the exception of the Acceptable Use Policy (see item 2d above).
  5. CT makes no warranties regarding any software used in connection with CT’s Service.
  6. This warranty obligation is in lieu of all other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. In no event shall CT be liable to customer for indirect, incidental, special, punitive, or consequential damages arising out of this Agreement or for the existence, furnishing, functioning, or customer’s use of CT even if CT has been advised of the possibility of such damages. Customer agrees that CT’s liability arising out of or in connection with a disagreement shall be limited to an amount not to exceed the total amounts paid by customer in the thirty (30) days immediately preceding the event giving rise to such liability.
  7. Customer agrees that it is responsible for regulating access to its Service. Customer shall indemnify and hold CT harmless from any loss or damage claim brought against CT arising from Customer’s maintenance and use of, or allowing unauthorized access to, CT’s Service.

 

CT XPRESSNET AGREEMENT

 

This Agreement between The Champaign Telephone Company, dba CT Comm (“CT”), and the Customer (“Customer”) sets forth the terms and conditions with respect to Customer’s participation in CT’s XpressNet service. By signing below and/or by participating in the XpressNet program, Customer agrees to the following:

 

  1. CT will provide Customer with an over-the-air wireless broadband solution to allow the Customer to obtain Internet access upon completion of a successful site survey of Customer’s location during scheduled installation appointment.
  2. A CT technician, or subcontractor hired thereof by CT, will perform an initial site survey at the Customer’s location to determine if optimal signal strength can reliably maintain an Internet connection within the bandwidth packages provided by CT for XpressNet service.
    1. If the above results are verified, then the standard installation process will commence at the time of the scheduled site survey appointment.
    2. If the above results are false, meaning optimal signal strength cannot be obtained through normal installation practices, then CT will inform customer and cancel the service order. Additionally, no charges or fees will apply to the customer as a result in termination of prior service agreement.
    3. If the customer cancels installation, customer is still liable for and will be charged the standard installation fee.
  3. Standard installation material includes but not limited to: 1. Radio antenna (dish) with antenna mounting bracket including all associated hardware, such as bolts and brackets, to securely mount both the antenna and cable; 2. Wireless router; 3. Power over Ethernet or PoE unit to provide data connection and electric power to antenna; 4. Sealant, if necessary, for any wall penetration; 5. Up to 300 feet of Category 5 (CAT5) data cable from PoE unit to antenna with end connectors; and, 6. One 6-foot CAT5 patch cable for connecting antenna PoE unit to inside wireless router.
    1. Antenna will be mounted to a secure tower, eave, building side, or surface within 10 feet of the main structure on the serviceable premise.
    2. Antenna will be mounted in an area accessible by reasonable means, such as the use of a ladder or bucket truck, for our technicians, and within acceptable distance of a reliable electrical source for connectivity of the PoE unit.
    3. Installation will include at least one wall penetration and/or one floor penetration location (floor location is only if serviceable crawl space or basement exists).
    4. Technician will verify Internet service is fully operational within our service parameters and that customer has, at minimum, one device connected to the service. Additionally, said Technician will inform/educate customer on how to connect more devices to his or her service by providing SSID and password on wireless router.
    5. Antenna, wireless router, and PoE unit are considered CT-Owned Equipment and follow the terms as stated in the above Terms of Service Equipment section 3.
  4. Non-standard installation may be provided by CT authorized subcontractors only after approval from Customer when applicable. If additional installation procedures are required to obtain XpressNet service, all associated costs and/or fees will be quoted by and paid directly to said subcontractor prior to installation.
    1. Nonetheless, the installation subcontractor is solely responsible for any construction, maintenance, warranties, and/or servicing of any antenna installations.
      1. CT is not responsible or accountable for the availability of said subcontractor in response to issues with the antenna mount.
  5. Customer acknowledges that he or she is entering into a legal agreement with CT by which CT disclaims all warranties to Customer and limiting CT’s liability to Customer, except to the extent provided herein, to the full extent allowed by law.
  6. Customer acknowledges that CT XpressNet is not a dedicated Internet connection as it is delivered via radio waves in an unlicensed spectrum, which is limited in capacity and subject to frequency interferences beyond control of CT.
  7. CT IS NOT RESPONSIBLE OR LIABLE FOR SERVICES PROVIDED BY A THIRD-PARTY AND MAKES NO WARRANTY OF ANY KIND INCLUDING WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THIRD-PARTY SERVICES, AND CUSTOMER RELEASES AND HOLDS HARMLESS CT OF AND FROM ANY LOSSES, DAMAGES, HARM, ACTIONS OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO SUCH THIRD-PARTY SERVICES.

 

The undersigned certifies the above information is true, and requests CT Comm to furnish telephone service and equipment, as above, and any additional that may be ordered at a future date, orally or in writing. The undersigned agrees to pay the rates for all such service and equipment in addition to toll and other charges, as provided for in our tariff as approved by the P.U.C.O. The undersigned also certifies that they have the right to authorize change to the property for the install. This application becomes a contract when accepted by CT Comm Inc.