Currently Effective AUP / Terms
The following becomes effective May
Internet Services Acceptable Use Policy
Mountain Telephone’s Acceptable
Use Policy (“AUP”) is intended to help enhance the
quality of the Internet by preventing unacceptable use. Furthermore,
the AUP is designed to help protect Mountain Telephone, Mountain
Telephone's customers and the Internet community in general from
irresponsible or, in some cases, illegal activities. By using the
Internet Services and/or Resources owned by Mountain Telephone, which
includes Dial-Up, DSL, Website Hosting and other related services,
you agree to abide by this AUP.
Mountain Telephone reserves the sole
discretion to deny or restrict your Service, or immediately suspend
or terminate your Service if you or anyone using the Services, in our
sole discretion, violates the Agreement, other Mountain Telephone
policies, or engages in any of the activities prohibited by this AUP,
or if such use is objectionable, unlawful, or interferes with the
functioning or use of the Internet or the Mountain Telephone network
by Mountain Telephone or other users. Refer to Section 5 for more
information. The failure of Mountain Telephone to enforce this AUP,
for whatever reason, shall not be construed as a waiver of any right
to do so at any time.
Use of any of the Internet Services
offered by Mountain Telephone by any customer will constitute
acknowledgment of and agreement to the terms outlined in this AUP.
Mountain Telephone reserves the right to modify the AUP at any time,
effective upon posting at
For the purpose of this AUP, the
Customer shall sometimes be referred to as [User(s)].
will not release any of your personal identifying information to
other people or agencies unless we receive an authorization from
you, except under subpoena or by order of a court of competent
jurisdiction. In addition,
Mountain Telephone will cooperate with legal authorities in the
investigation of suspected criminal or civil violations. Such
cooperation may, but is not limited to, monitoring our network
consistent with applicable law. In addition, Mountain Telephone is
required by law to report any facts or circumstances reported to us
or that we discover from which it appears that there may be a
violation of child pornography laws. We reserve the right to report
any such information, including the identity of users, account
information, images and other facts to law enforcement
Telephone reserves the right to investigate suspected violations of
this AUP, including the gathering of information from the user or
users involved and the complaining party, if any, and examination of
material on Mountain Telephone's servers and network. During an
investigation, Mountain Telephone may suspend the account or
accounts involved and/or remove or block material that potentially
violates this AUP. You expressly authorize and consent to Mountain
Telephone cooperating with (i) law enforcement authorities in the
investigation of suspected legal violations, and (ii) system
administrators at other Internet service providers or other network
or computing facilities in order to enforce this AUP.
Telephone will not sell or disclose customer’s contact
information or customer lists to any third party, unless required by
law, specifically authorized by customer, or as otherwise described
in this AUP.
you may want to use an alias or a fictitious username for your
Mountain Telephone account, your
full legal or entity identity (company) must be disclosed when you
sign up with Mountain Telephone and updated as necessary Mountain
Telephone will issue aliases based upon availability. You will
surrender your alias if you change it or if your account is
terminated for any reason. You recognize that you have no ownership
or property interest in the alias issued by Mountain Telephone for
Use Policies / Unacceptable
Without limiting the general policy in
Section 1, the following activities are listed as examples of conduct
that may lead to limitation, suspension or termination of your
service. Mountain Telephone may, but is not required to, monitor
your compliance or the compliance of other subscribers with its
terms, conditions or policies. You acknowledge that Mountain
Telephone shall have the right, but not the obligation, to
pre-screen, refuse, move or remove any content available on the
Service, including but not limited to content that violates the law
or this AUP.
distribution or storage of any material in violation of any
applicable law or regulation is prohibited. This includes, without
limitation, material protected by copyright, trademark, trade secret
or other intellectual property right used without proper
authorization, and material that is obscene, defamatory, constitutes
an illegal threat, or violates export control laws.
accordance with the Digital Millennium Copyright Act (DMCA), an
agent has been designated to receive notification of a claimed
copyright infringement for Mountain Telephone. Any claims of
copyright infringement should be directed to:
PO Box 399
Liberty, KY 41472
Phone: (606) 743-3121 ext. 167
Telephone provides Unlimited DSL as well as Full Service Dial-Up for
Internet Access. This should not be construed to mean full time or
completely unregulated access. There are a great many users sharing
Mountain Telephone network facilities, and we are committed to
providing good, consistent service to all customers. For this
reason, the customer should observe the following guidelines in the
usage of your Mountain Telephone account:
not maintain a connection to your Dial-Up account when you are not
actively using the Internet, and be sure to log out of the system
when you are ready to end an Internet session.
simultaneous logins of the same account are prohibited. A Dial-Up
service connection may be used from different computers that are
owned by the customer, but only one connection at a time.
network is configured to terminate your Dial-Up session after eight
(8) hours. We do not mind if you log back in if you are
disconnected, but unless you are paying for a dedicated / DSL
connection, you should not expect to be able to stay logged on
are responsible for ensuring that Mountain Telephone Dial-Up access
is a local call from your location. Mountain Telephone is not
responsible for any local or long distance call charges or other
phone company imposed fees and charges.
has no ownership of static IP numbers that may have been assigned
to the customer by Mountain Telephone. Mountain Telephone reserves
the right at any time to remove these static IP assignments with
advance notice to the customer from Mountain Telephone. If deemed
necessary, Mountain Telephone also reserves the right to reassign
static IP allocation at its sole discretion.
services you purchase from Mountain Telephone are not transferable.
The reselling of all Internet Access Services is strictly
prohibited unless expressed permission is received in writing from
Mountain Telephone. Internet Access Services are not to be shared
with a second entity, extended, redistributed or retransmitted via
wired or wireless networks outside the primary location without
expressed permission in writing from Mountain Telephone.
Telephone knows that a customer's use of available bandwidth may
"peak" for short periods of time when viewing streaming
video, uploading/downloading a large file or sending large e-mails,
and Mountain Telephone will attempt to avoid limiting bandwidth
availability in those instances. However, when a customer's peak
use impacts the performance of other customers' services,
Mountain Telephone reserves the right to take steps to maintain the
integrity and performance characteristics of its network, which may
include steps to limit your bandwidth. Mountain Telephone will use
a network utilization, monitoring and reporting system to identify
and confirm excessive use, Mountain Telephone’s network
management practices are designed to function neutrally, permitting
(1) access to lawful content of the subscriber’s choice, (2)
running applications and accessing services of the subscriber’s
choice (subject to the needs of law enforcement), and (3)
connection to the subscriber’s choice of legal devices that
do not harm the network. Mountain Telephone will make a good faith
and reasonable effort to contact a customer Mountain Telephone
believes is making excessive use of its Internet Services,
currently defined as exceeding 100 Gbytes per month, prior to
limiting bandwidth, and to discuss ways the customer may avoid such
limitation. However, customers whom Mountain Telephone determines
to be making excessive use of Mountain Telephone Internet Services
may have service limited, metered, suspended or, if necessary,
uninvited communications, data or information, including, without
limitation, “flaming,” or Unsolicited Bulk Email ("UBE",
"spam") through Mountain Telephone servers is prohibited.
Likewise, the sending of UBE from another service provider
advertizing a web site, email address or utilizing any resource
hosted on Mountain Telephone servers, is prohibited. Mountain
Telephone accounts or services may not be used to solicit customers
from, or collect replies to, messages sent from another Internet
Service Provider where those messages violate this AUP or that of
the other provider.
Unconfirmed Mailing Lists. Subscribing email addresses to any
mailing list without the express and verifiable permission of the
email address owner is prohibited. All mailing lists run by Mountain
Telephone customers must be Closed-loop ("Confirmed Opt-in").
The subscription confirmation message received from each address
owner must be kept on file for the duration of the existence of the
mailing list. Purchasing lists of email addresses from 3rd parties
for mailing to/from any Mountain Telephone hosted domain, or
referencing any Mountain Telephone account, is prohibited.
transmitting, or otherwise making available any software, program,
product, or service that is designed to violate this AUP or the AUP
of any other Internet Service Provider, which includes, but is not
limited to, the facilitation of the means to send Unsolicited Bulk
Email, initiation of pinging, flooding, mail-bombing, or denial of
an account on behalf of, or in connection with, or reselling any
service to, persons or firms listed in the Spamhaus Register of
Known Spam Operations (ROKSO) database at www.spamhaus.org.
attempts by a user to gain access to any account or computer
resource not belonging to that user (e.g., "cracking") are
interfering with or redirecting email or other transmissions sent by
or to others is prohibited.
viruses, worms, harmful code or Trojan horses is prohibited.
conduct is prohibited.
or attempting to obtain any of the Internet Services by any means or
device with intent to avoid payment is prohibited.
access, alteration, destruction, or any attempt thereof, of any
information or the accounts of any other person or entity by any
means or device is prohibited.
in any activities designed to harass, or that will cause a
denial-of-service (e.g., synchronized number sequence attacks) to
any other user whether on the Mountain Telephone network or on
another provider's network is prohibited.
Mountain Telephone Internet Services to interfere with the use of
the Mountain Telephone network by other customers or authorized
users is prohibited.
posted to Mountain Telephone Personal Web Pages will be removed if
that content violates copyrights, libels others, or contains code
which could harm systems which visit the site.
Sexually explicit and patently
offensive content; materials that otherwise violate federal, state
or local law; and materials and content that threaten the security
or utility of the Mountain Telephone network, are strictly forbidden
in any Mountain Telephone Web service to which you subscribe --
personal or commercial.
may not use Mountain Telephone Internet Services to gain, or attempt
to gain unlawful access to other computer or other computer systems.
Telephone reserves the right to remove from public view any material
or content brought to its
attention which violates this AUP.
or impersonation. Adding, removing or modifying identifying network
header information in an effort to deceive or mislead is prohibited.
Attempting to impersonate any person by using forged headers or
other identifying information is prohibited. The use of anonymous
remailers or nicknames does not constitute impersonation. Using
deliberately misleading headers ("munging" headers) in
news postings in order to avoid spam email address collectors is
to minors. Using the Internet Services to harm, or attempt to harm,
minors in any way is prohibited.
Using the Internet Services to transmit any material (by email,
uploading, posting, or otherwise) that threatens or encourages
bodily harm or destruction of property is prohibited.
Using the Internet Services to transmit any material (by email,
uploading, posting, or otherwise) that harasses another is
activity. Using the Internet Services to make fraudulent offers to
sell or buy products, items, or services or to advance any type of
financial scam such as "pyramid schemes," "Ponzi
schemes," and "chain letters" is prohibited
of personal data. Using the Internet Services to collect, or attempt
to collect, personal information about third parties without their
knowledge or consent is prohibited.
a personal account for high volume or commercial use is prohibited.
/ Disclaimers / Indemnification
Telephone makes no warranties of any kind, whether expressed or
implied, including without limitation any implied warranty of
merchantability or fitness of this service for a particular purpose.
agrees that the use of all Internet Services provided to each
User(s) by Mountain Telephone is at User's own risk.
fact that a customer uses a password does not guarantee that any
communication or use of Mountain Telephone Internet services is
truly secure. Confidential information will be kept as secure as
possible; however, the customer has no enforceable right to total
privacy and/or security from a data packet standpoint.
Telephone can not guarantee continuous service, service at any
particular time, the speed of service, or
integrity of data stored or transmitted via its system or via the
Internet. Mountain Telephone shall not be liable to the User(s) for
any claims or damages which may be suffered by User(s), including,
but not limited to, losses or the loss of data, inability to access
the Internet, or inability to transmit or receive information,
caused by, or resulting from delays, non-deliveries, or service
Telephone shall not be responsible for the acts of third parties who
may gain access to User(s) computer systems, private, financial, or
proprietary information by improper or unlawful means.
agent, employee, or representative of Mountain Telephone has any
authority to bind Mountain Telephone to any affirmation,
representation, or warranty concerning the services provided by
will indemnify and hold harmless Mountain Telephone, its affiliates,
subsidiaries, officers, shareholders, agents, employees, free and
harmless from any and all claims, damages, costs, expenses of any
kind, judgments, causes of action, attorney fees, litigation and
court costs, resulting from the customer’s use of Mountain
Telephone Internet Services in any manner, whether directly or
indirectly or by any act of omission or commission. Your
indemnification will survive any termination of the User Account /
Termination Cancellation / Suspension
violation of this AUP may result in the suspension or termination of
either your access to the Internet Services and/or your Mountain
Telephone Internet account. Mountain Telephone prefers to inform
customers of inappropriate activities and give them a reasonable
period of time in which to take corrective action. However, if the
Internet Services are used in a way that Mountain Telephone, in its
sole discretion, believes violates this AUP, Mountain Telephone may
take any responsive actions they deem appropriate under the
circumstances with or without notice. These actions include, but are
not limited to, temporary or permanent removal of content,
cancellation of newsgroup posts, filtering of Internet
transmissions, and the immediate suspension or termination of all or
any portion of the Internet Services.
either voluntary or involuntary termination of your Internet
account, Mountain Telephone is authorized to delete any files,
programs, data, e-mail and other messages associated with your
account (and any secondary accounts). Emails will not be forwarded.
Telephone customers have the right to cancel their accounts in
accordance with any Dial-Up or DSL Term Agreement that may have been
entered into by the customer with Mountain Telephone. If you wish
to cancel your Mountain Telephone account, you must contact Mountain
Telephone at (606) 743-3121.
Telephone reserves the right to suspend or cancel your account
without notice, for non-payment.
of Terms, Condition and Services
Telephone reserves the right to alter the pricing, offerings, terms
and conditions of the Internet Services at any time.
Telephone reserves the right to modify this AUP at any time. An
electronic, online copy of this AUP, which is in effect when posted
to the website, is at the following Web address:
or under the "Acceptable Usage Policy" link. As the
account holder, you are charged with the responsibility of checking
this page for any updates, and your continued use of Mountain
Telephone Internet Services constitutes your agreement to the
modified/current version of the AUP.
are solely responsible for the knowledge of and adherence to any and
all laws, statutes, rules and regulations pertaining (1) to your use
of any Mountain Telephone Internet Services, and (2) the
communications means by which you connect your
terminal, personal computers or other devices to Mountain Telephone
Internet Access or to any Internet Services provided by Mountain
an authorized user, you are responsible for the security of your
passwords and accounts.
are responsible for assuring that
the content of your web or similar directory or directories do not
violate any law.
Telephone is not responsible for backing up any User(s) data;
including personal web page content and emails. Data backup of
personal data is the sole
responsibility of the customer.
are responsible for maintaining the basic security of their systems,
including implementation of necessary patches and operating systems
updates, to prevent use by others in a manner that violates this
a Mountain Telephone customer, you
are solely responsible for monitoring the usage of your Mountain
Telephone Internet account(s), including use by your children.
that access the Internet through Mountain Telephone must comply with
Mountain Telephone's AUP as well as the AUP's of the Network Service
Providers whose networks they access.
addition to this AUP, the provisions of all applicable laws apply to
your use of Mountain Telephone facilities.
Last: March 20, 2009
Terms of Internet Services
Agreement is between you as our Subscriber and Mountain Telephone,
and sets forth the general terms and conditions under which you agree
to use and we agree to provide the Service. In addition to the terms
and conditions described in this Agreement, all Subscribers are also
bound by the Mountain Telephone Internet Services Acceptable Use
Policy, as amended from time to time, and the Mountain Telephone DSL
Waiver and Terms of Agreement, as appropriate.
IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE
TO THESE TERMS DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO
The term of this Agreement will be
either month-to-month or for a one or two year term (depending on
the Service plan you select) (the "Term"). The Term begins
when you accept this Agreement and ends when you or we terminate
this Agreement. Your acceptance occurs upon the earlier of: (a) your
acceptance of this Agreement electronically during an online order,
registration or when installing the Software or the Equipment; (b)
your use of the Service; or (c) your retention of the Software or
Equipment we provide beyond thirty (30) days following delivery.
From time to time we will make
revisions to this Agreement and the policies relating to the
Service. We will provide notice of such revisions by posting
revisions to the Website Announcements page, or sending an email to
your primary email address, or both. You agree to visit the
Announcements page periodically to review any such revisions.
Increases to the monthly price of the Service shall be effective
thirty (30) days after we provide notice to you; revisions to any
other terms and conditions shall be effective on the date noted in
the posting and/or email we send you. By continuing to use the
Service after revisions are effective, you accept and agree to abide
You acknowledge that you are eighteen
(18) years of age or older and that you have the legal authority to
enter into this Agreement. You agree promptly to notify Mountain
Telephone whenever your personal or billing information changes.
You are responsible for all use of your Service and your account,
whether by you or someone using your account with or without your
permission. You are responsible for the payment of all charges
associated with your account.
The Service is a consumer grade
service and is not designed for or intended to be used for any
commercial purpose. You may not resell the Service, use it for high
volume purposes, or engage in similar activities that constitute
such use (commercial or non-commercial).
The Service you select may not be
available in all areas or at the rates, speeds, or bandwidth
generally marketed, and some locations may not qualify for the
Service even if initial testing showed that your line was qualified.
Bandwidth is provided on a per-line (not a per-device) basis. The
bandwidth available to each device connected to the network will
vary depending upon the number, type and configuration of devices
using the Service and the type of use (e.g., streaming media), among
other factors. The speed of the Service will vary based on network
or Internet congestion, your computer configuration, the condition
of your telephone line and the wiring inside your location, among
other factors. We and our suppliers reserve the right, at any time,
with or without prior notice to you, to restrict or suspend the
Service to perform maintenance activities and to maintain session
You agree to pay the monthly fees
applicable to your Service, and to pay: (a) applicable taxes, (b)
surcharges, (c) recovery fees, (d) telephone charges, (e) activation
fees, (f) installation fees, (g) set-up fees, (h) equipment charges,
and (i) all other recurring and nonrecurring charges. The taxes,
fees and other charges may vary on a monthly basis. You also agree
to pay any additional charges or fees applied to your account,
including interest and charges due to insufficient credit or
insufficient funds. Non-recurring charges such as set up, activation
and installation fees, and equipment charges, will be included in
your first bill. Monthly Service recurring charges will be billed
one month in advance; any usage charges will be billed in arrears.
We may discontinue your Service
without notice if Service charges on your telephone bill or charge
card are refused for any reason, or if you fail to make payment when
due or to provide us with a new charge card expiration date before
the existing date expires. If any portion of your bill is not paid
by the due date, Mountain Telephone may charge you a late fee on
unpaid balances and may also terminate or suspend your Service
MOUNTAIN TELEPHONE IS NOT RESPONSIBLE
FOR ANY CHARGES, INCLUDING BUT NOT LIMITED TO, LONG DISTANCE AND
METERED LOCAL OR TOLL CHARGES INCURRED WHEN YOU ACCESS THE SERVICE.
IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER A DIAL-UP NUMBER YOU
HAVE SELECTED IS A LOCAL CALL FROM YOUR LOCATION AND WHETHER ANY
CHARGES APPLY. ADDITIONAL CHARGES, WHICH MAY BE SUBSTANTIAL, APPLY TO
REMOTE DIAL UP ACCESS, WHICH IS AVAILABLE FROM CERTAIN LOCATIONS
Mountain Telephone reserves the right
to change, limit, terminate, modify or temporarily or permanently
cease providing the Service or any part of it with or without prior
notice if we elect to change the Service or a part thereof or if you
violate the terms of this Agreement.
YOU AGREE THAT IF YOUR SERVICE IS
TERMINATED FOR ANY REASON, MOUNTAIN TELEPHONE HAS THE RIGHT TO
IMMEDIATELY DELETE ALL DATA, FILES AND OTHER INFORMATION (INCLUDING
EMAILS, ADDRESS BOOK AND WEB STORAGE CONTENT) STORED IN OR FOR YOUR
ACCOUNT WITHOUT FURTHER NOTICE TO YOU.
You acknowledge and agree that
Mountain Telephone (a) is not responsible for invalid destinations,
transmission errors, or the corruption of your data; and (b) does
not guarantee your ability to access all websites, servers or other
facilities or that the Service is secure or will meet your needs.
You acknowledge that the Service will allow access to information
which may be sexually explicit, obscene or offensive, or otherwise
unsuitable for children. You agree that the supervision of use of
the Service by children is your responsibility and that Mountain
Telephone is not responsible for access by you or any other users to
objectionable or offensive content. WE STRONGLY RECOMMEND THE USE OF
COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE.
You represent that when you transmit,
upload, post or submit any content, images or data using the Service
you have the legal right to do so and that your use of such data or
content does not violate the copyright or trademark laws or any
other third party rights.
WARRANTIES AND LIMITATION OF
ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS
PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS,
WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS
AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY
MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY MOUNTAIN
TELEPHONE (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH
EQUIPMENT), MOUNTAIN TELEPHONE (AND ITS OFFICERS, EMPLOYEES, PARENT,
SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE "MOUNTAIN
TELEPHONE PARTIES"), ITS THIRD PARTY LICENSORS, PROVIDERS AND
SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE
SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE,
TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE
PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING,
COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO
WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR
INFORMATION GIVEN BY MOUNTAIN TELEPHONE OR ITS REPRESENTATIVES SHALL
CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED.
MOUNTAIN TELEPHONE DOES NOT WARRANT OR
GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION, OR THAT
PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF
MOUNTAIN TELEPHONE HAS ACCEPTED YOUR ORDER FOR SERVICE. THE
PROVISIONING OF SERVICE IS SUBJECT TO NETWORK AVAILABILITY, CIRCUIT
AVAILABILITY, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND
WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION
AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT
PROVISIONED FOR ANY REASON, NEITHER YOU NOR MOUNTAIN TELEPHONE SHALL
HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR
OBLIGATION TO RETURN ANY MOUNTAIN TELEPHONE-PROVIDED EQUIPMENT).
MOUNTAI N TELEPHONE DOES NOT WARRANT
THAT THE SERVICE OR EQUIPMENT PROVIDED BY MOUNTAIN TELEPHONE WILL
PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR
WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS,
DISABLING CODE OR CONDITIONS, OR THE LIKE. MOUNTAIN TELEPHONE SHALL
NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION,
PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR
EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS
IN NO EVENT SHALL THE MOUNTAIN
TELEPHONE PARTIES OR MOUNTAIN TELEPHONE'S THIRD PARTY LICENSORS,
PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT,
PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING
WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS
OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE
OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE
SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE
OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER
CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF MOUNTAIN
TELEPHONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR
DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
THE LIABILITY OF THE MOUNTAIN
TELEPHONE PARTIES, OR (SUBJECT TO ANY DIFFERENT LIMITATIONS OF
LIABILITY IN THIRD PARTY END USER LICENSE OR OTHER AGREEMENTS) OUR
THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, FOR ALL CATEGORIES OF
DAMAGES SHALL NOT EXCEED A PRO RATA CREDIT FOR THE MONTHLY FEES
(EXCLUDING ALL NONRECURRING CHARGES, REGULATORY FEES, SURCHARGES,
FEES AND TAXES) YOU HAVE PAID TO MOUNTAIN TELEPHONE FOR THE SERVICE
DURING THE SIX (6) MONTH PERIOD PRIOR TO WHEN SUCH CLAIM AROSE, WHICH
SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY REGARDLESS OF THE TYPE OF
CLAIM OR NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS
SHALL APPLY TO THE FULL EXTENT PERMITTED BY LAW, AND ARE NOT INTENDED
TO ASSERT ANY LIMITATIONS OR DEFENSES WHICH ARE PROHIBITED BY LAW.
THE REMEDIES EXPRESSLY SET FORTH IN
THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE
ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and
hold harmless the Mountain Telephone Parties from and against all
liabilities, costs and expenses, including reasonable attorneys' and
experts' fees, related to or arising from your use of the Service
(or the use of your Service by anyone else), (a) in violation of
applicable laws, regulations or this Agreement; (b) to access the
Internet or to transmit or post any message, information, software,
images or other materials via the Internet; (c) in any manner that
harms any person or results in the personal injury or death of any
person or in damage to or loss of any tangible or intangible
(including data) property; or (d) claims for infringement of any
intellectual property rights arising from or in connection with use
of the Service.
All obligations of the parties under
this Agreement, which, by their nature, would continue beyond the
termination of this Agreement, including without limitation, those
relating to Limitation of Liability and Indemnification, shall
survive such termination.
Mountain Telephone will not be liable
for delays, damages or failures in performance due to causes beyond
its reasonable control, including, but not limited to, acts of a
governmental body, acts of God, acts of third parties, fires,
floods, strikes, work slow-downs or other labor-related activity, or
an inability to obtain necessary equipment or services.
You may not assign or otherwise
transfer this Agreement, or your rights or obligations under it, in
whole or in part, to any other person. Any attempt to do so shall be
void. We may freely assign all or any part of this Agreement with or
without notice and you agree to make all subsequent payments as
Last: March 20, 2009