Mountain Telephone Long Distance
Thank you for choosing service from Mountain Telephone Long Distance. By enrolling in, using, or paying for Mountain Telephone Long Distance services, the customer (You) agrees to the prices, charges, terms and conditions in this agreement. If You do not agree to these prices, charges, terms and conditions, do not use the services and cancel service immediately by calling Mountain Telephone Long Distance at (606) 743-3121 for further directions or if you would like additional information. All services provided to You by Mountain Telephone Long Distance are subject to the terms below, and to additional terms incorporated by reference. The following is a summary of the terms contained in Mountain Telephone Long Distance Rate Sheets and Service Guides , which contain more detailed regulations and rates and are available for your review at our website at MountainTelephoneLongDistance.com. This agreement incorporates by reference the prices, charges, terms and conditions included in the Mountain Telephone Long Distance Service Guides and Rate Sheets. These terms control all aspects of our relationship for interstate and international services, including: billing and charges, starting and ending service, privacy and confidentiality, rates, limitations of liability and warranty and resolution of disputes by arbitration.
Billing and Payment For Service. You are responsible for payment of all charges for services and equipment furnished to You for transmission of calls by Mountain Telephone Long Distance. Any objections to billed charges must be reported to Mountain Telephone Long Distance or its billing agent (Mountain Telephone Cooperative) within twenty (20) days of the closing date printed on the monthly billing statement issued to You. If a disputed charge is not reported within the twenty (20) day period, billing is assumed to be correct. Under no circumstances will billing be adjusted after ninety (90) days. The unauthorized use of communications equipment includes, but is not limited to, the placement of calls from Your premises, and the placement of calls through equipment controlled and/or provided by You that are transmitted over the Mountain Telephone Long Distance network without the authorization of You. You shall be fully liable for all such usage charges.
Price Changes. Mountain Telephone Long Distance may change the prices and charges for the Services from time to time. Mountain Telephone Long Distance may decrease prices without providing advance notice. Increases to prices or charges for the services are effective no sooner than fifteen days after we post them on our Web site, MountainTelephoneLongDistance.com. Increases to charges that recover our costs associated with taxes or fees, as described below, or other government programs are effective no sooner than three days after we post the increases on our Web site.
Taxes and Fees. To the extent that a municipality, other political subdivision or local agency of government, or commission imposes and collects from Mountain Telephone Long Distance a gross receipts tax, occupation tax, license tax, permit fee, franchise fee, or regulatory fee, such taxes and fees shall, as allowed by law, be billed pro rata to You receiving service from Mountain Telephone Long Distance within the territorial limits of such municipality, other political subdivision or local agency of government. Mountain Telephone Long Distance may adjust its rates or impose additional rates to recover amounts it is required by governmental or quasi-governmental authorities to collect from or pay to others. Mountain Telephone Long Distance may also adjust its rates or impose additional rates to cover the administrative cost of collecting such charges or paying compensation to other entities. Examples of such programs include, but are not limited to, the Universal Service Fund (USF), the Presubscribed interexchange Carrier Charge (PICC), and compensation to pay telephone service providers for the use of their pay telephones to access Mountain Telephone Long Distances services.
Late Payment Fees. Mountain Telephone Long Distance has chosen not to collect from You any amount in late payment fees at this time.
Return Check Charge. You will be charged $20.00 on all checks issued to Mountain Telephone Long Distance which are returned due to insufficient funds. At the discretion of Mountain Telephone Long Distance, the insufficient funds check charge may be waived under appropriate circumstances (e.g., a bank error).
Deposits. Applicants for service or existing Customers may be required to provide Mountain Telephone Long Distance a security deposit in an amount not to exceed two months estimated billings plus any applicable Non-Recurring Charges. Any request for deposit will be in compliance with Commissions Rules. A deposit does not relieve You of the responsibility for the prompt payment of bills on presentation.
Cancellation by Customer. Customers of presubscribed long distance services may cancel service at any time by contacting Mountain Telephone Long Distance with written or verbal notification. Mountain Telephone Long Distance shall hold You responsible for payment of all bills for service furnished until the cancellation date specified by You or until the date that the cancellation notice is received, whichever is later.
Cancellation or Termination of Service by Company. For nonpayment: Mountain Telephone Long Distance may terminate service to You for nonpayment of undisputed charges upon five (5) days written notice or personal contact with You without incurring any liability for damages due to loss of telephone service to You.
Service Descriptions and Rates. Mountain Telephone Long Distance's services are available twenty-four hours per day, seven days a week. Customers are billed based on their use of Mountain Telephone Long Distances services and network. Mountain Telephone Long Distance provides international telecommunications services for calls that originate and terminate from and to the United States as specified herein. International service is offered only in conjunction with interstate service. You are charged individually for each call placed through Mountain Telephone Long Distance's network.
Limitations. Mountain Telephone Long Distance reserves the right to discontinue service when necessitated by conditions beyond its control; or when You use the service in violation of the provisions of this agreement, any applicable tariff, or in violation of the law. Service is offered and subject to the availability of the necessary facilities and equipment, subject to the provisions of this agreement. Mountain Telephone Long Distance does not undertake to transmit messages, but offers the use of its facilities when available, and will not be liable for errors in transmission or for failure to establish connections. Service may be limited or discontinued by Mountain Telephone Long Distance, without notice to You, by blocking traffic to certain countries, cities, or NXX exchanges when Mountain Telephone Long Distance deems it necessary to take such action to prevent unlawful use of its services. Service will be restored as soon as it can be provided without undue risk. Mountain Telephone Long Distance reserves the right to limit or to allocate the use of existing facilities, or of additional facilities offered by Mountain Telephone Long Distance, when necessary because of lack of facilities, or due to some other cause beyond the control of Mountain Telephone Long Distance.
Liability of Mountain Telephone Long Distance. Mountain Telephone Long Distances liability for damages arising out of mistakes, interruptions, omissions, delays, errors, or defects in transmission which occur in the course of furnishing service or facilities, in no event shall exceed $100.00 or an amount equivalent to the proportionate charge to You, whichever is less, for the period during which the faults in transmission occur. Except as set forth above, Mountain Telephone Long Distance shall not be liable for any direct, indirect, consequential, special, actual, punitive or any other damages, or business interruption, or for any lost profits of any kind or nature whatsoever arising out of any defects or any other cause. In the event of an interruption in service or any defect in the service whatsoever, neither Mountain Telephone Long Distance nor any affiliated or unaffiliated third party provider or operator of facilities employed in the provision of the service shall be liable for any direct, indirect, consequential, special, actual, punitive or any other damages, or for any lost profits of any kind or nature whatsoever. Moreover, any such mistakes, omissions, interruptions, delays, errors, or defects in transmission or service, which are caused or contributed to by the negligence or willful act of You, or Authorized User, or joint user, or which arise from the use of Customer provided facilities or equipment shall not result in the imposition of any liability whatsoever upon Mountain Telephone Long Distance. Mountain Telephone Long Distance shall not be liable for any claim or loss, expense or damage (including indirect, special or consequential damage), for any interruption, delay, error, omission, or defect in any service, facility or transmission provided under this agreement, if caused by any person or entity other than Mountain Telephone Long Distance, by any malfunction of any service or facility provided by any other carrier, by an Act of God, fire, war, civil disturbance, or act of government, or by any other cause beyond the direct control of Mountain Telephone Long Distance.
Indemnification. Mountain Telephone Long Distances liability, if any, for its gross negligence or willful misconduct is not limited by this agreement. With respect to any other claim or suit by a Customer or by any others, You indemnifies and saves harmless Mountain Telephone Long Distance against claims, losses or suits for injury to or death of any person, or damage to any property which arises from the use, placement or presence of Mountain Telephone Long Distances equipment, facilities and associated wiring of Your premises and further You indemnify and save harmless Mountain Telephone Long Distance against claims for libel, slander, invasion of privacy or the infringement of copyright arising directly or indirectly from the material transmitted over the facilities of Mountain Telephone Long Distance or the use thereof by You; against claims for infringement of patents arising from combining with or using in connection with, facilities furnished by Mountain Telephone Long Distance and apparatus, equipment and systems provided by You; and against all other claims arising out of any act or omission of You in connection with the services or facilities provided by Mountain Telephone Long Distance. No agents or employees of other carriers shall be deemed to be agents or employees of Mountain Telephone Long Distance.
Resolution of Disputes/Arbitration. Both Mountain Telephone Long Distance and You agree to use reasonable, good faith efforts to resolve any dispute that may arise without resort to litigation. Any invoice not disputed or otherwise contested within sixty (60) days of Mountain Telephone Long Distances mailing to You is deemed correct and is binding on You. You are required to pay the undisputed portion of the invoice in its entirety. If You object to any of the charges on Your invoice, or if You send a payment in full of any amounts that have been in dispute, You must (i) notify Mountain Telephone Long Distance in writing at the address on your invoice, (ii) mark the outside of the envelope "Billing Dispute", and (iii) send it to Mountain Telephone Long Distance at the address provided on the invoice. You may also contact Mountain Telephone Long Distance Customer Service at 1-606-743-3121. If You do not meet each of these requirements, You will waive any objection. Any dispute arising out of or related to this Agreement or Mountain Telephone Long Distances products or services, regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or other legal or equitable theory that cannot be resolved will be subject to final and binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association ("AAA") or to the JAMS ("JAMS").
The arbitrator(s) may award declaratory relief, preliminary and permanent injunctive relief, and compensatory damages. Mountain Telephone Long Distance and You further agree to waive, to the fullest extent permitted by law, any claim for incidental, consequential, or punitive damages. To the extent such damages may not be so waived, if an arbitrator decides to award such damages, they shall be limited to the total amount of Mountain Telephone Long Distance service charges. Mountain Telephone Long Distance and You agree that disputes will be resolved individually and shall not be adjudicated on a consolidated or class basis.