Residential Fiber & Broadband PlansConnect more. Pay less.
Transform the way you live with our ultra-fast fiber Internet service.
All plans listed have free access to Camellia Communication’s Hot Spots, include 7 email addresses, spam/virus filtering, and web-based email access. Installation costs $49.95 and the service requires a modem that can be rented ($5.95 per month) or purchased. Speeds depend on the location within the Service Area. Fiber Service is available in most areas.
Broadband Terms & Conditions
ADDITIONAL TERMS AND CONDITIONS: See Standard Terms and Conditions.
ACCEPTABLE USE: See Acceptable Use Policy that follows Standard Terms and Conditions.
POLICY: By signing below, the Subscriber acknowledges notice of, accepts and agrees to all of Camellia Internet’s Standard Terms and Conditions and its Acceptable Use Policy, copies of which are posted at http://www.camelliacom.com] and which have been provided to Subscriber, and all of which are incorporated herein by reference and made a part hereof.
APPLICANT (SUBSCRIBER) NAME
Account Holder Name: __________________________________
Camellia Broadband Services Standard Terms & Conditions
Subscriber acknowledges notice of, accepts and agrees to the terms and conditions (hereinafter the “Standard Terms and Conditions”), which are incorporated into and made a part of Subscriber’s Application for Service.
- Services. Hayneville Fiber Tranport, Inc., d/b/a Camellia Internet, (hereinafter “Camellia Internet”) will provide, and Subscriber will purchase, Internet services (“Services”) on the terms and conditions set forth in these Standard Terms and Conditions.
- Subscribers. Subscriber is responsible for his or her own end users. It is therefore the responsibility of every Subscriber to ensure that his or her end users understand and adhere to these Standard Terms and Conditions. Violations of these Standard Terms and Conditions by a third party will be considered a violation by the Subscriber of the Services.
- Initialization. The Subscriber is responsible for having a compatible computer system as set forth in the Camellia Internet Application Form prior to obtaining Services. Unless otherwise prescribed in writing, Camellia Internet’s only responsibility for initialization of the Services is the necessary Subscriber line connections in the Remote Terminals and to the Central Office equipment necessary to provide Subscriber’s Services on the Subscriber’s line. CAMELLIA INTERNET DOES NOT REPRESENT, WARRANT OR COVENANT THAT INSTALLATION BY SUBSCRIBER OR A THIRD PARTY CHOSEN BY SUBSCRIBER WILL ENABLE CUSTOMER TO SUCCESSFULLY ACCESS, OPERATE OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO SUBSCRIBER’S COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. Camellia Internet does not offer computer peripheral device service or maintenance. In the event that the Subscriber insists that Camellia Internet render assistance in the installation of customer premises equipment, Subscriber acknowledges notice of, accepts and agrees to the terms and conditions set forth in Addendum A, attached hereto.
- Minimum System Requirements and Wiring. Subscriber acknowledges that its computer(s) must meet minimum requirements in order to access the Services. Subscriber also agrees and acknowledges that certain inside wiring and/or equipment (other than listed in Camellia Internet Application Form) may be necessary in order to complete installation of the Services. Any fees for such wiring and/or equipment will be billed to the Subscriber based on the prevailing hourly rate for Camellia Internet’s technicians and the cost of such equipment. Camellia Internet and its employees, agents, contractors and representatives shall have no liability whatsoever for any damage, loss or destruction occurring as a result of the installation of any inside wiring and/or equipment at Subscriber’s premises. Subscriber acknowledges that Services require a working telephone line and that Subscriber is solely responsible for the costs associated, directly or indirectly, with said line. Camellia Internet’s liability, if any, for failures in wiring and/or equipment, whether caused by the negligence of Camellia Internet, its employees, agents, contractors and/or representatives or otherwise, is expressly limited to a credit for the charges billed to Subscriber for installation of the Services. Subscriber is obligated to notify Camellia Internet immediately of any alleged failures in wiring and/or equipment installed by Camellia Internet for which a credit allowance is desired. Before giving such notice, Subscriber shall ascertain that the trouble is not being caused by any act or omission of Subscriber within Subscriber’s control, or is not in the wiring or equipment, furnished by Subscriber and connected to Camellia Internet’s facilities.
- Initial Term; Renewal Term. The initial Services term is one month, beginning on the date of the Subscriber’s execution of the Camellia Internet Application Form. Thereafter, Services provided pursuant to these Standard Terms and Conditions shall be provided automatically for successive periods of one month.
- Charges; Payment Terms. All invoices for Services are subject to payment in accordance with Camellia Internet’s prevailing schedule of prices, terms and conditions, without deduction or setoff of any kind. The recurring monthly fee is due and payable in advance of each monthly billing period for which the Subscriber has purchased Services in accordance with the terms of invoices to Subscriber. Monthly fees are non-refundable. The initial invoice will include the fee for initialization, and may include non-recurring installation charges including, but not limited to, charges for equipment and inside wiring. Payments received by Camellia Internet from Subscriber will first be applied to any unpaid interest charges and then chronologically applied to the oldest invoice. Any invoice not paid when due shall have added to the unpaid balance thereof, on a monthly basis, a late fee at one and one half percent per month (1.5%).
- Compliance. Subscriber agrees to comply with all applicable federal, state and local laws, rules and regulations in connection with its use of the Services. Subscriber agrees to adhere to Camellia Internet’s Acceptable Use Policy (see attached), as the same may be amended from time to time. A copy of such policy may be viewed at http://www.camelliacom.com.
- No Resale of Services; Use of Services by Others. Services provided by Camellia Internet are for the sole use of the Subscriber and not for resale or license of any nature whatsoever without the prior written consent of Camellia Internet, which may be given or withheld in its sole discretion. Subscriber is and shall be responsible for any misuse of Services, even if the inappropriate activity was committed by a friend, family member, guest, employee or any other person with access to the Subscriber’s account, regardless of whether the Subscriber authorized the use of the Services.
- Fixed Location Service. Subscriber acknowledges that this is a fixed-location service and may not be moved to a different residence (even if the phone number remains the same) or a different phone number without payment of the new connection fees. If Customer moves residences, Customer shall notify Camellia Internet.
- Termination; Default. Either party may terminate the Services effective upon written notice to the other party. Such termination will not relieve the party of any payment or indemnity obligations related to service prior to termination. Without limiting the forgoing, Camellia Internet, in addition to exercising any other rights under law, shall terminate all Services to Subscriber upon: (a) Subscriber’s breach or violation of any term or provision of these Terms and Conditions or Camellia Internet’s Acceptable Use Policy); (b) Subscriber’s use of the Service in such a way as to cause damage to or degradation of the Camellia Internet’s system; or (c) or in the event of the insolvency of Subscriber, appointment of a receiver or trustee for Subscriber, execution by Subscriber of an arrangement for the benefit of creditors or similar proceeding, or initiation by any party of any other proceeding involving Subscriber as debtor under Bankruptcy Code, as amended. Upon such termination, all amounts owed for prior Service will become immediately due and payable and all equipment belonging to Camellia Internet must be returned immediately. If Subscriber shall fail to do so, Camellia Internet shall have the right to collect from Subscriber an amount sufficient to reimburse Camellia Internet for the cost of the unreturned equipment. Following such Service termination, Camellia Internet may require payment of a reconnection fee and/or security deposit as a condition for reconnecting Service. Camellia Internet retains sole discretion as to whether to allow service to be reconnected after termination due to a breach or violation of the Standard Terms and Conditions or Acceptable Use Policy.
- Security. Subscriber is solely responsible for the security of any device Subscriber chooses to connect to the Services, including any data stored on that device. Subscriber expressly assumes any and all risks relating to the security of its communications, data and network and its potential access by others, including, but not limited to the transmission of any computer viruses or similar software which alters, disables or destroys, in whole or in part, the Subscriber’s hardware, communications, data and/or network.
- Limited Warranty; Disclaimer of Warranties; Limitation on Damages. THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBSCRIBER UNDERSTANDS AND ACKNOWLEDGES THAT DSL SPEEDS ARE NOT GUARANTEED. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY HTC INTERENET EMPLOYEES, AGENTS OR CONTRACTORS SHALL CREATE A WARRANTY AND SUBSCRIBER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. CAMELLIA INTERNET MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE QUALITY, CONTENT, ACCURACY OR VALIDITY OF THE INFORMATION AND/OR DATA RESIDING ON OR PASSING THROUGH AND/OR OVER THE NETWORK. USE OF ANY INFORMATION OBTAINED FROM OR THROUGH SERVICES PROVIDED BY CAMELLIA INTERNET WILL BE AT SUBSCRIBER’S OWN RISK. SUBSCRIBER ACKNOWLEDGES THAT CAMELLIA INTERNET IS NOT AND WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR INTERRUPTION IN THE SERVICES, WHERE WITHIN OR OUTSIDE THE CONTROL OF CAMELLIA INTERNET OR OTHERWISE.UNDER NO CIRCUMSTANCES SHALL CAMELLIA INTERNET BE LIABLE FOR ANY FORM OF DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM SUBSCRIBER’S USE OF OR INABILITY TO ACCESS ANY PART OF THE INTERNET, SUBSCRIBER’S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICES, ERRORS, DELAYS, LOSS OF INFORMATION, OR INTERRUPTIONS IN SERVICES CAUSED BY THE SUBSCRIBER, CAMELLIA INTERNET OR A THIRD PARTY’S NEGLIGENCE, FAULT, MISCONDUCT OR FAILURE TO PERFORM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE OF ANY NATURE WHATSOEVER. SUBSCRIBER UNDERSTANDS THAT TELECOMMUNICATION AND/OR NETWORK ACCESS SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE AND FOR OTHER REASONS OUTSIDE OF THE DIRECT CONTROL OF CAMELLIA INTERNET. UNDER NO CIRCUMSTANCES SHALL ANY SUCH ERRORS, DELAYS, INTERRUPTIONS IN SERVICES OR LOSS OF INFORMATION NULLIFY OR MODIFY THESE TERMS AND CONDITIONS.
- Indemnification. Subscriber shall indemnify and hold Camellia Internet harmless from and against any and all claims, losses, damages, liabilities, fees and expenses incurred by Camellia Internet (including attorneys’ fees and expenses) or Subscriber resulting from, arising out of, or connected with any breach or violation by Subscriber of any terms and conditions set forth in the Standard Terms and Conditions or Acceptable Use Policy and Subscriber’s use of Services in any manner whatsoever.
- Notices; Facsimile Signatures. All required notices shall be in writing, sent by first class U.S. Mail, postage prepaid and if addressed to Hayneville Fiber Transport, Inc., P.O. Box 129, Greenville, AL 36037 or if to Subscriber, to the address appearing on records of Camellia Internet or to such other addresses as either party may from time to time advise in writing. The delivery of any party to the other of a telecopy or facsimile signature shall have the same effect as the delivery of an original signature; provided, however, that the party thereafter shall promptly deliver an original signature page to the other (although any failure or delay in the delivery of an original signature shall not vitiate or impair the legally binding effect of a telecopy of facsimile signature).
- Binding Effect. These Standard Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the parties and their successors and permitted assigns of Subscriber; provided, however, that neither the equipment nor these Standard Terms and Conditions nor any of the rights, interests or obligations of Subscriber hereunder or to the equipment may be transferred, assigned or delegated without the prior written consent of Camellia Internet.
- Governing Law and Forum. All rights and obligations of Camellia Internet and Subscriber with respect to the provision of Services shall be governed by and construed in accordance with the laws of the State of Alabama. All questions or controversies arising out of or in any way relating to any service contract, invoice, these Standard Terms and Conditions or any other aspect of the relationship between Camellia Internet and Subscriber shall be submitted, as appropriate, to the Alabama Public Service Commission, the Circuit Court of Lowndes or Butler County, Alabama or the District Court of Lowndes or Butler having subject matter jurisdiction, and the parties submit themselves to the personal jurisdiction of such administrative body or court, and any service of a summons, process, or other paper in connection with such proceedings may be made by giving notice as provided herein. Subscriber agrees to pay all costs of collection, including all reasonable attorney’s fees and expenses, incurred by Camellia Internet arising from or related to the collection of any amounts due. The right to such attorney’s fees and expenses shall be deemed to have accrued from the commencement of any such activities and shall be enforceable whether such action is filed or prosecuted to judgment. The rights and remedies herein are cumulative and not exclusive of other rights and remedies which may be granted or provided by law, and nothing herein contained shall be construed to preclude or in any way prohibit Camellia Internet from instituting and otherwise prosecuting to judgment a lawsuit in any court of competent jurisdiction to effect the collection of any sums due it or to enforce any right or remedy arising hereunder or otherwise.
- Reformation; Severability. If any term, covenant or condition of these Standard Terms and Conditions or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, and the remainder shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent permitted by law.
- Representation and Warranty of Subscriber. If Subscriber is an individual, Subscriber represents and warrants that he is at least 19 years old and has the capacity to enter into contracts without the consent or approval of any other person, and if Subscriber is an entity, Subscriber represents that it is duly organized and in good standing in the jurisdiction of its organization and in the State of Alabama, and that the execution and delivery the Subscriber of the Camellia Internet Application Form and Standard Terms and Conditions and the performance by the Subscriber of its obligations thereunder have been duly authorized by all necessary action, do not require any approval or consent of any person or local, state, federal or other governmental authority, and do not and will not conflict with, result in any violation of, or constitute any default under, and provision of, the articles of organization or by-laws or other organizational documents of the Subscriber or any contract, agreement, document or instrument to which it is a party or by which it is bound.
- Entire Agreement. The Camellia Internet Application Form, incorporating by reference the Standard Terms and Conditions and Acceptable Use Policy (the “Agreement”), contain the entire agreement and understanding concerning the Services and supersede all prior negotiations and all other agreements, whether electronic, written or oral. The Agreement may be modified at any time hereafter by Camellia Internet, provided that Camellia Internet will notify you of any such changes by posting a notice of such changes at http://www.camelliacom.com or by notice via e-mail or postal mail. Such revisions shall become effective for all Subscribers twenty-four hours after they are posted. The printed or electronic version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative hearing based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Waiver. Any failure by either party to insist upon the strict performance by the other party of any of the provisions of the Agreement shall not be deemed a waiver of any of the provisions of the Agreement, and each party, notwithstanding such failure, shall have the right thereafter to insist upon the specific performance of any and all of the provisions of the Agreement.
- Limitations on Resource Usage. Camellia Internet reserves the right to impose limits on the total amount of disk space and other resources available for Subscriber’s use on Camellia Internet operated computers. Camellia Internet reserves the right to delete, without notice, personal e-mail files that have not been accessed for more than one month.Limited disk space for storage of personal web pages is available upon request. Disk space for storage of commercial web pages is available in amounts specific to each Internet service package. Use of excess space will be charged on a monthly basis according to rates and prices published online at the time of use. Camellia Internet reserves the right to remove files that exceed allowed limits.
- E-Mail Privacy. Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. Privacy can never be guaranteed from every possible mail server; therefore, Subscribers seeking total privacy should use some encryption scheme to render messages unreadable by eavesdroppers. Camellia Internet will only examine Subscribers’ mail on its own mail servers when absolutely required, for example, when troubleshooting e-mail delivery problems or pursuant to a valid state or federal civil or investigative demand.
- Web Service. Camellia Internet grants you non-exclusive, non-transferable, limited license to store documents on a Camellia Internet Internet World Wide Web server in accordance with this Agreement. Camellia Internet will bill for usage in accordance with rate and prices published online at the time of use.Personal web space may not be used for commercial purposes. Commercial web space is available as an optional service. You are responsible for domain name registration with InterNIC and for any associated fees charged by InterNIC. Provided however, that if selected by you as an optional service, Camellia Interent will register an available domain name with InterNIC on your behalf and charge you a registration fee and the initial term fee charged by InterNIC for owning the domain name. Camellia Internet charges an initial nonrecurring setup fee for adding your registered name on the Camellia Internet domain name server and a monthly recurring fee for each month the site is hosted.
Camellia Communications Acceptable Use Policy
Hayneville Fiber Transport, Inc., d/b/a Camellia Internet, (“Camellia Internet”) provides several information related services, including Internet access, various electronic mail (e-mail) packages and services, World Wide Web website hosting arrangements, and other online and Internet-related services (collectively, the “Services”). Use of Services constitutes a customer’s agreement with Camellia Internet to abide by this Acceptable Use Policy. Our customers are responsible for the privacy of, content of and liability of their own communications and Internet use. Our customers are expected to use the Services in a responsible manner that respects the rights of other Internet users, and to ensure that all those who use customer’s services abide by these rules. As a customer, you agree that you will not use the Services:
- To probe, monitor data or interfere or breach the security of any network or system without the explicit authorization of the administrator of that system or network.
- To interfere with the service of any user, host or network, including deliberate attempts to overload a server, network connected device or network component, or to originate malformed data or network traffic that results in damage to, or disruption of, a service or network connected device.
- To engage in “spamming”, which is the sending of a series of unsolicited electronic messages to another Internet user, or sending unsolicited electronic messages to 10 or more recipients.
- For illegal purposes or to further illegal activities, such as uploading, downloading, posting, distributing or facilitating the distribution of any material that:
- constitutes an unauthorized reproduction or transmission of copyrighted or other protected materials;
- violates U.S. export control laws;
- is threatening, abusive, harassing, obscene, defamatory, libelous, deceptive, fraudulent or invasive of another’s privacy; or
- encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
- To forge data with the intent to misrepresent the origination user or source.
- To forge electronic mail headers (including any portion of the IP packet header and/or electronic mail address), or any other method used to forge, disguise, or conceal the user’s identity when using the Service (“Spoofing”).
- To use another Internet user’s electronic mail server to relay electronic mail without the explicit permission from that third party (“Mail Relay”).
- To conceal, forge or otherwise falsify your identity in connection with any Services.
Camellia Internet may revise this policy from time to time by posting it on it website at http://www. camelliacom.com Such revisions shall become effective for all users twenty-four hour after they are posted.
Violation Reporting and Investigative Process
To report a violation of Camellia Internet’s Acceptable Use Policy, please e-mail us at with sufficient information to allow for Camellia Internet to investigate the report. Camellia Internet will respond as follows:
Initial Investigation. First, Camellia Internet will attempt to investigate the report and when feasible will contact the Subscriber or others to seek additional information.
Remedial Action. If the investigation reveals an apparent violation, Camellia Internet may do one or more of the following, in its sole discretion:
- Request that the Subscriber correct the problem.
- Suspend or terminate Subscriber’s account.
- In the event of the posting of copyrighted material, see Digital Millennium Copyright Act Policy htttp://www.camelliacom.com.
- Legal Action. Where appropriate, Camellia Internet may take legal action against the offending subscriber and report the Violation to Governmental Authorities.
Camellia Internet will acknowledge formal violation reports by notifying the reporting party that the issue is being investigated and appropriate action will be taken. In certain instances, Camellia Internet may specify the action being taken to address the violation.
Repeat Violations. In the event of repeat violations, Camellia Internet may take additional steps to protect its network and Subscribers, including, but not limited to, filtering IP addresses or disabling or terminating subscriber accounts.
Digital Millennium Copyright Act & Our Policy
On October 28, 1998, President Clinton signed into law the Digital Millennium Copyright Act (“DMCA”). Hayneville Fiber Transport, Inc.’s, d/b/a Camellia Internet, (“Camellia Internet”) policy is to respond to notices of alleged copyright infringement if such notices substantially comply with the DMCA and other applicable laws and/or regulations and to “take down” and/or disable access to material of repeat infringers.
In response to the DMCA, Camellia Internet designated Tammy Williams as its agent for notification of any alleged copyright infringement. He can be reached by mail, telephone or e-mail:
|TITLE||Business Office Manager|
|ADDRESS||Post Office Box 129 Greeneville, Alabama 36037|
If Camellia Internet “takes down”, removes, blocks or otherwise disables access to material in order to comply with the DMCA, Camellia Internet will use its best efforts to contact the Subscriber or Account holder affected so that they may respond with a “counter notification” as described in the DMCA. If Camellia Internet receives a “counter notification” that substantially complies with the DMCA and other applicable laws and/or regulations, Camellia Internet will provide the copyright owner with a copy. Unless Camellia Internet receives notification from a copyright owner that he has filed a court action seeking to restrain the alleged infringement, Camellia Internet will “put back” or unblock the material within 10 to 14 days of its receipt of the “counter notification”. If Camellia Internet receives such notification of court action, Camellia Internet will not put back or unblock the material but will use its best efforts to forward said notice to the Subscriber or Account holder affected.
Camellia Internet reserves the right to terminate service upon receiving evidence of repeated instances of copyright infringement.
What do I do if I believe my copyrighted material is being infringed?
If you believe that your material has been reproduced and posted on the web in a way that constitutes infringement, you must provide Camellia Internet designated agent with the following information in writing:
- Identification of the copyrighted work(s) that you believe has been infringed.
- Identification of the material that you believe is infringing on your copyrighted work or that is the subject of infringing activity.
- Identification of where the alleged offending material is located sufficient to allow Camellia Internet to find it;
- Information sufficient to allow Camellia Internet to contact you (your mailing address and telephone number, along with your e-mail address, if available);
- The following statement by you: “I have a good faith belief that the use of the copyrighted materials described above in the manner complained of is not authorized by the copyright owner, its agent or the law”;
- The following statement by you: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or authorized to act on the copyright owner’s behalf.”
- Your physical or electronic signature.
WARNING: If you knowingly materially misrepresent that material or activity is infringing, you are liable for any damages that Camellia Internet, a Subscriber or Account Holder incurs as a result of such misrepresentation.
How do I file a “counter notification?”
If you believe that you have not infringed on protected material, you must then send a “counter notification”, in writing, to Camellia Internet designated agent with the following information:
- Identification of the material that was removed or access to was otherwise disabled, and the location of such material prior to its removal.
- At least one of the following statements by you: “I swear, under penalty of perjury, that I have a good faith belief that the materials described above were mistakenly removed or disabled” or “I swear, under penalty of perjury, that I have a good faith belief that the materials described above were removed or disabled because of misidentification”;
- Information sufficient to allow Camellia Internet to contact you (your mailing address and telephone number, along with your e-mail address, if available);
- The following statement by you: “I consent to the jurisdiction of the Federal District Court for the Judicial District in which my address is located, or if my address is outside the United States, for any judicial district in which Camellia Internet Telephone Cooperative, Inc. may be found and I will accept service of process from the person who provided the original notice of infringement or that person’s agent.”
- Your physical or electronic signature.
WARNING: If you knowingly materially misrepresent that material was removed, blocked, taken down or otherwise disabled by mistake or misidentification, you are liable for any damages that Camellia Internet, a Subscriber or Account Holder incurs as a result of such misrepresentation.
Customer Service Agreement
1. Description. We will provide the Services that You have requested, as those Services are described in the Service Order or, as applicable, Our Price List.
2. Service Commitment
2.1. Minimum Service Term. If You terminate Service prior to the expiration of the Minimum Service Term associated with the Service option you have selected, You will owe any Termination Fees as described in your Service Application or, as applicable, Our Price List, unless waived by Us in writing as part of a new Service Application, in addition to such other fees due and payable under this Agreement and any fees for the non-return of equipment.
2.2. Initial Term; Renewal Term. The initial Service Term is specified on the Service Application or, as applicable, in Our Price List and, unless otherwise stated therein, begins on the date that we initialize Your service through Our Central Office. Thereafter, this Agreement shall renew automatically for successive periods of one month until terminated by You or Us.
3. Equipment. For the duration of Your Agreement, We will provide You any Equipment offered by Us and requested by You, at the prices and under any terms and conditions provided in the Service Application or, as applicable, Our Price List. You may either lease said Equipment, in which event the Equipment shall remain Our property, or You may purchase the Equipment. In the event that You lease Equipment from Us and said Equipment is defective, we will replace the Equipment without charge if your account is in good standing with Us and there is no evidence that You have impermissibly modified, broken, or damaged the Equipment. In the event that you lease Equipment from us, You agree that We may upgrade or replace such Equipment at any time, at which time you agree to return the original Equipment. You are responsible for having a compatible computer system with a Network Interface Card prior to obtaining DSL Services. Unless otherwise prescribed in writing, Our only responsibility for installation of the Service is described in Our Standard Professional Installation Procedures Guide, which is available to You upon request. Any deviation from the Standard Professional Installation Procedures will result in the installation being classified as a Non-Standard Installation, in which event additional charges will apply. We may waive certain installation fees upon Your agreement to retain Services for a stated term, and in such event, We reserve the right to charge the waived installation fees if You discontinue the Services prior to the end of that term. WE DO NOT REPRESENT, WARRANT OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE OR USE THE SERVICES, OR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, TELEVISION, STEREO OR PERIPHERALS. You expressly permit Us to enter the premises for the purpose of installing, inspecting, maintaining, repairing, or (except for Equipment You own) removing any Equipment we provide to you. We do not offer computer and/or computer peripheral device service or maintenance.
4. Use of the Service
4.1. Minimum System Requirements. Your computer(s) or other premises equipment connected must meet certain minimum requirements in order to utilize the Service. It may also be necessary to install inside wiring or other facilities to complete installation of the Service. Any fees for such wiring and/or equipment will be billed to You based on the rate(s) or price(s) set forth in Our Price List for technicians or for such equipment. You agree that We, and our employees, agents, contractors and representatives shall have no liability whatsoever for any damage, loss or destruction occurring as a result of the installation of any inside wiring and/or equipment at Your premises. You acknowledge that DSL requires a working telephone line and that You are solely responsible for the costs associated, directly or indirectly, with said line. OUR LIABILITY, IF ANY, FOR FAILURES IN WIRING AND/OR EQUIPMENT, WHETHER CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, CONTRACTORS AND/OR REPRESENTATIVES OR OTHERWISE, IS EXPRESSLY LIMITED TO A CREDIT FOR THE CHARGES BILLED TO YOU FOR INSTALLATION OF THE SERVICE. You are obligated to notify Us immediately of any alleged failures in wiring and/or equipment installed by Us for which a credit allowance is desired. Before giving such notice, You are responsible for ascertaining that the trouble is not being caused by any act or omission in Your control, or is not in the wiring or equipment that You have furnished.
4.2 Responsibility for Use. You are responsible for Your own end users and their compliance with these Terms and Conditions. You acknowledge that the Internet may contain material or information that is unsuitable for minors and agree to supervise usage of the Service by minors.
4.3. Compliance with Laws and Policies. You agree to comply with all applicable federal, state and local laws, rules and regulations in connection with Your use of the Service. If you have purchased broadband services, You agree to adhere to Our Acceptable Use Policy and Fair Access Policies (see attached), as the same may be amended from time to time. A copy of such policies may be viewed at www.camelliacom.com/usage.htm and www.camelliacom.com/fair.htm, respectively.
4.4 Multiple Use of Account. Unless otherwise authorized by Us, you agree not to permit more than one high-speed Internet log-on session to be active at one time. A log-on session represents an active connection to your Internet access provider. The active session may be shared to connect multiple computers/devices within a single home or office location or within a single unit within a multiple dwelling unit (e.g., single apartment or office within an apartment or office complex) to your modem and/or router to access the Service (including the establishment of a “WiFi” hotspot), but the Service may only be used at (depending on the class of service ordered) the single home, office or commercial location (e.g., restaurant or coffee shop) or single unit within a multiple dwelling unit for which Service is provisioned by Us, unless otherwise authorized by Us. You may not use a WiFi hotspot in violation of this Agreement or in a way that circumvents our ability to provide Service to another customer (e.g., you cannot use a WiFi hotspot to provide Service outside your single home or commercial location or outside your single unit within a multiple dwelling unit and you cannot resell Service provided over a WiFi hotspot unless approved by Us in writing). You may not use more than one IP address for each log on session unless an advanced service allocating you more than one IP address has been purchased. Service may be used to host a server, personal or commercial, as long as such server is used pursuant to the terms and conditions of this Agreement applicable to Service and not for any malicious purposes. You may not use the Service for resale or license of any nature whatsoever without Our prior consent which may be given or withheld in its sole discretion. You are responsible for: (1) all access to and use or misuse of the Service, even if the inappropriate activity was committed by a friend, family member, guest, customer, employee or any other person with access to your account or password(s), regardless of whether You authorized the use of the Services; (2) ensuring that all end users, including WiFi users, comply with all terms of Our Acceptable Use Policy. You are solely responsible for obtaining sufficient identification of users of your WiFi network. You are responsible for any fees incurred for the Service, or for software or other merchandise purchased through the Service, or any other expenses incurred in accordance with the terms and conditions contained in the Agreement. Any use of the Service other than as specified above constitutes a material breach of this Agreement, regardless of whether you receive any compensation for such use, and may result in the immediate termination of the Service and the imposition of any Termination Fees, without prejudice to any other rights and remedies available to Us under this Agreement, at law and at equity.
4.5. Security. You are solely responsible for the security of any device You choose to connect to the Service, including any data stored on that device. You assume any and all risks relating to the security of Your communications, data and network and its potential access by others, including, but not limited to the transmission of any computer virus or similar software which alters, disables or destroys, in whole or in part, the hardware, communications, data and/or network. You acknowledge Your responsibility to take reasonable measures to protect the security of any equipment connected to the Service, including maintaining at Your cost an up-to-date version of anti-virus and/or firewall software to protect Your computers from malicious programs. We may suspend your Service until the problem is resolved in the event of a malicious program infecting your computer that causes a violation of Our Acceptable Use Policy. You will be fully liable for all monthly fees and other charges under this Agreement during any period of suspension.
4.6. E-Mail Privacy. Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination and total privacy cannot be guaranteed. You agree that We may examine mail on Our own mail servers when allowed under law or as part of system maintenance or troubleshooting, for example, when investigating e-mail delivery problems or pursuant to a valid state or federal civil or investigative demand.
5. Fees and Payment
5.1. Fees; Taxes; Charges; Payment Terms; Other Charges. Our bills are subject to payment in accordance with Our existing schedule of prices (“Our Price List”), subject to any pricing commitments contained in the Service Application, without deduction or setoff of any kind. Recurring monthly fees are due and payable in advance of each monthly billing period for which You have purchased Service. Monthly fees are non-refundable. The initial invoice may include the fee for installation, and may include other applicable non-recurring installation charges including, but not limited to, charges for Equipment and inside wiring.
(a) Statement. Should we offer electronic statements, you must choose to receive, either an electronic or paper bill for Services.
(b) Payment. You agree to remit a check, money order, credit card or debit card payment, or electronic funds transfer to the address We provide in your monthly statement, to any of our local business offices or to any electronic payment system We may utilize. We will first apply your payments first to any unpaid interest charges and then chronologically applied to the oldest invoice. If Your check, draft or similar instrument (collectively “check”) is returned unpaid by a bank or other financial institution to Us for any reason, we will bill you a bad check charge of twenty-five dollars ($25.00). In addition, You are responsible for replacing the returned check with a payment in cash or equivalent to cash, such as a cashier’s check, certified check or money order prior to the payment due date. In such case, the bill is not considered paid until We receive full payment in immediately available funds.
(c) Late Payment. Interest will accrue on any charges not paid when due at the lesser of one and one half percent per month (1.5%) or the maximum rate permitted by applicable law. If We do not receive payment by the due date We may suspend your Service or terminate this Agreement without notice. Such suspension or termination will not relieve You of your obligation for all billed and accrued charges, plus any Termination Fees. We reserve the right to correct and charge under-billed amounts for a period of ninety (90) days after the incorrect statement was issued.
5.2. Payment Authorization. If you arrange to participate in any electronic or draft payment system We may offer, We may charge Your credit card or debit card (a “Card Payment”) or initiate an electronic funds transfer out of Your bank account (“EFT Payment”) for payment of all Service fees, any Termination Fees or any other amounts payable under the Agreement. You must provide current, complete, and accurate information for Your billing account and promptly update any changes (such as a change in billing address, credit card number, credit card expiration date, bank account number). If We are unable to process and receive payment via Your credit or debit card, Your account may be immediately suspended or terminated, and You will remain responsible for all amounts owed Us under this Agreement. Your card issuer agreement governs use of Your credit or debit card payment in connection with the Service, your rights and liabilities as a cardholder, or for any charges related to your use of your charge over your credit limit or similar violations of your card issuer agreement.
5.3. Disputes and Partial Payments. We will make available to You a statement for each billing cycle showing payments, credit purchases and other charges. If You dispute the validity of a charge or need additional information regarding a charge, you must contact Us within forty (45) days of receiving the statement containing the charge. Such a dispute will not relieve you of your obligation to pay your full bill on time. We may, but are not required to, accept partial payments from You. If partial payments are accepted, they will be applied first to the oldest outstanding charges. If You send us checks or money orders marked “payment in full” or otherwise labeled with a similar restrictive endorsement, We may, but are not required to, accept them, without losing any of our rights to collect all amounts owed by You under this Agreement.
5.4. Reactivation. If Your Service is suspended or terminated due to Your default or violation of this Agreement, We may require before reactivating service: (a) an additional deposit or advance payment; (b) a reactivation fee; (c) all outstanding amounts owed for service rendered; and (d) if installation or new Equipment is required, appropriate installation or Equipment charges. Advance payments will appear on your statement as a credit, and service charges and other fees will be invoiced as described above. If You fail to pay any amount on a subsequent bill, the unpaid amount will be deducted each billing cycle from the credit amount. Such credit amounts shall not earn or accrue interest.
5.5. Credit Inquiries and Deposits. You authorize Us to make inquiries and to receive information about Your credit experience from others, including credit reporting agencies, enter this information in Your file and disclose this information concerning You to appropriate third parties for reasonable business purposes. If it is determined that you may be a credit risk based on (1) an unsatisfactory credit rating or lack of credit history; (2) a record of late payments for either present or past bills (including Our bills); or (3) prior fraudulent, illegal, or abusive use of any Our services; then as a condition of service we may require that you place a deposit with us or make an advance payment to secure payment for the Services we provide to you. Your deposit and/or advance payment will not exceed the amount of any non-recurring charges to initiate service, plus the estimated recurring monthly charges for one (1) month of Services billed in advance, plus the estimated usage charges for two (2) months of Services billed in arrears, such as long-distance service, plus any applicable equipment deposit. You will not receive interest on any advance payment, which will be applied to all subsequent bills until exhausted. You will receive interest on any deposit at the rate of seven percent (7%), which shall be added to and considered part of your deposit. If you fail to pay for the Services when due, we may, without providing you notice, apply the deposit to offset the amount you owe us. If you pay your bills by the due date for twelve (12) consecutive billing months, we will credit your account with the deposit. If there is a credit balance on your account after the deposit is applied, we will refund or credit that amount to you. Please allow up to four (4) weeks for the processing of a refunded deposit.
5.6 Credit Limits. Based on your payment history or your credit score obtained from credit reporting agencies, We may set a credit limit on your account at any time. If you exceed your credit limit, we may restrict your access to the Services we provide, such as direct-dialed and operator-assisted long-distance services and calls requiring a 900 or 976 prefix. In the case of telephone service, this restriction on your access to the Services will not affect your access to or use of 911 emergency services.
REVISING, CANCELLING OR SUSPENDING YOUR SERVICE
6. Modifications and Terminations
6.1. Modification of the Agreement, Including Price Changes. From time to time, We may revise the prices and charges for Our Services as follows: (1) Price decreases or changes in the collection of taxes or government imposed fees or surcharges will be made with no prior notice to you; (2) Promotional pricing and terms, or other pricing commitments, will expire in accordance with the terms applicable to each promotion or commitment, without further notice to you. Upon the expiration of any such promotion or commitment, prices may be revised in accordance with the provisions of this paragraph; (3) All other price increases, or changes in non-pricing terms and conditions will be effective no sooner than thirty (30) days after we provide written notice to you. Such written notice under this paragraph may be provided in a bill insert, as a message printed in or on the Our bill, in a separate mailing, by email, or by any other reasonable method at Our discretion. If you do not accept the modified rates, charges, or terms and conditions of the Agreement, or the modified operation of the Service, you must terminate the Service and this Agreement in writing within thirty (30) days of the date of the notice. Use of the Service after the effective date of such changes or additions constitutes Your acceptance of such changes. YOUR SOLE REMEDY FOR ANY CHANGE MADE BY US IS THE RIGHT TO TERMINATE THIS AGREEMENT BY THIS DEADLINE.
6.2. Modification of the Service. We may discontinue, add to or revise any or all aspects of the Service in Our sole discretion and without notice, including access to support services, publications and any other products or services ancillary to the Service. Without limiting the foregoing, We reserve the right at Our sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, or other content provided to You by Us in connection with the Service. We may, but are not required, to notify You by e-mail, online via one of more of the websites within the Service or by other electronic notice at least fifteen (15) days before any material change in the Service if within Our control or as early as practical if caused by a third party. If You do not agree to such changes, then You must cancel Your subscription and stop using the Service prior to the effective date of such changes. Use of the Service after the effective date of such changes or additions constitutes Your acceptance of such changes. In addition, for Broadband customers We may take any action consistent with our Acceptable Use and Fair Access Policies, including actions to (a) prevent bulk e-mailing from entering or leaving any e-mail account or the network e-mail system, (b) delete e-mail messages if Your e-mail account has not been accessed by You within a time We may establish from time to time, (c) instruct Our system not to process e-mail or instant messages due to space limitations, (d) make available to third parties information relating to Us or our subscribers, subject to the provisions contained in Section 8 of this Agreement, (e) withdraw, change, suspend or discontinue any functionality or feature of the Service, (f) delete attachments to e-mail due to potentially harmful materials included within such attachment, and (g) limit access to the Service to prevent abusive consumption and ensure fair access for all subscribers.
6.3. Termination by You. You may you cancel your order before the first of the ordered Services is installed, without charge. Service will be considered installed when such service is activated and ready for use, regardless of whether you are actually using such Service or have connected it to any equipment inside your premises. If you cancel your order after installation, you will be responsible for all installation and connection charges, any billed or accrued, but unpaid, service charges through the date of cancellation (including for service paid in advance), any charges for damaged or unreturned Equipment and any Termination Fees. Any termination notice may be by telephone or in person during normal business hours or by email, and must be acknowledged in writing. Termination of service after installation shall be effective upon five (5) business days’ notice.
6.4. Termination or Suspension by Us. We may modify or terminate service as provided in Section 6.2. In addition to exercising any other rights under law, We may also terminate all Service upon: (a) Your breach or violation of any term or provision of the Agreement (including, if applicable, the Acceptable Use Policy and/or Fair Access Policy); (b) Your use of the Service in such a way as to cause damage to or degradation of Our Equipment or system; or (c) Your insolvency, appointment of a receiver or trustee for You, Your execution of an arrangement for the benefit of creditors or similar proceeding, or initiation by any party of any other proceeding involving You as debtor under Bankruptcy Code.
6.5. Post-Termination or Suspension Obligations. Except as provided herein, should your Service, or any portion, be terminated or suspended, all amounts owed for prior Service will become immediately due and payable, in addition to any Termination Fees, and all of Our Equipment relating to such Service must be returned immediately. You acknowledge that the Equipment has an actual value greater than its purchase price because it is a means to receive programming not otherwise available to non-subscribers, and upon termination you agree to pay us $50.00 for each modem not returned to Us and $25.00 for each surge protector not returned to Us. Charges for the non-return of other equipment shall be based on a schedule maintained by the Company. Should you fail to return the Equipment, We may automatically add charges for payment of the Equipment and draft the credit card or checking account that You have left on file with Us for payment. The failure to return any Equipment at the termination of the Service for which the Equipment was required will also result in Us withholding any deposit still in our possession, and the amount of that deposit will be credited towards the purchase price of the Equipment as those prices are set forth above. We retain sole discretion as to whether to allow Service to be reconnected after termination due to a breach or violation of the Agreement. You will remain responsible for all payment and other obligations under this Agreement, including the obligation to pay any Termination Fees and other charges that may be due as a result of or in connection with such cancellation, termination or suspension. You will not, however, be responsible for any Termination Fees in the event of cancellation by Us under Section 6.2 unrelated to a breach or cancellation of this Agreement on your part or Your Termination under Section 6.1 or 6.2 due to a price or term modification that has the effect of increasing the cost of our service to you (other than a tax increase) or materially changing the Service , although you will remain liable for all other accrued, but unbilled charges through the termination date (including any charges paid in advance).Your payment and other obligations under this Agreement are not suspended or affected by a suspension of access to or use of the Service, in whole or in part, due to a violation (actual, threatened, or alleged) of this Agreement or of any law or legal obligation by You or any user of your account. You agree to pay the reasonable costs of any action We take to collect amounts not paid when due under this Agreement, including, but not limited to, the costs of a collection agency, reasonable attorney’s fees, and court costs.
IMPROPER AND PROPER USE OF YOUR SERVICE
7. Permitted Use and Restrictions on Use.
7.1 Responsibility for Use of the Service. In addition to your other responsibilities under this Agreement, You agree: (i) upon request, to take all actions necessary in order to install and activate the Services; (ii) to provide adequate facilities to house and operate Our equipment; (iii) to not resell the Services to any third party except as provided in 4.4; (iv) to comply with all federal, state, and local laws, rules, regulations and tariffs that apply to the Services or this Agreement; (v) to be solely responsible to establish and maintain security measures (including, without limitation, codes, passwords or other features) necessary to restrict access to your computers, services or other equipment through the Services; (vi) to be solely responsible for all fraudulent, unauthorized, illegal or improper use of the Services by persons accessing those Services through your facilities, equipment or Service Address; (vii) if a business, partnership or joint account authorize and identify to us at least one individual who is authorized to represent you on any aspect of the Services and your account (including, all requests for moves, additions, deletions or changes to the Services) and to notify us of any changes to the billing address; and (viii) to notify us immediately of any loss of service or other problems with any of the Services.
7.2. Software License. Subject to the terms of this Agreement, We grant You a personal, non-exclusive, non-assignable and nontransferable license to use and display the software provided to You in connection with the Service (including any updates) only for the purpose of accessing the Service (“Software”) on any machine(s) which You are authorized to use. Unauthorized copying or reverse engineering of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith, is expressly forbidden. You may not sublicense, assign, or transfer this license or the Software except as We permit in writing. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void and may result in termination of this Agreement and the license.
7.3. Restrictions on Use of the Service. We may immediately suspend the Service if You engage in any prohibited activity under this Agreement. You must strictly adhere to any policy set forth by another service provider accessed through the Service. You agree to comply with Our Acceptable Use and Fair Access Policies located at www.camelliacom.com/usage.htm and www.camelliacom.com/fair.htm respectfully, both of which are incorporated into and made a part of this Agreement and you are responsible for compliance with such policies by others that use your service. You do not own, nor have any rights, other than those expressly granted to You, to a particular IP address, even if You have ordered a static IP address.
7.4. Fair Access Policy. (Broadband Customers Only) If Your usage exceeds the limits set forth in the Fair Access Policy, Service Application, or Price List, We may reduce the bandwidth available to You on a temporary basis or require You to upgrade to a Service offering providing for more usage. Continued violation of the Fair Access Policy is a breach of this Agreement by You and will result in the termination of this Agreement. For specific limitations please see the description of the service plan selected on Your Broadband Services Application.
7.5. No Unauthorized Use of Equipment or Software. You are strictly prohibited from altering, modifying, or tampering with the Our Equipment, Software or Service or permitting any other person to do the same without Our authorization. You may not copy, distribute, sublicense, decompile or reverse engineer any of the Software.
8. Use and Control of Information; Service Provider Communication; Ads. We may, without obligation, liability or notice, except to the extent prohibited by applicable law, distribute, loan, sell or otherwise share with other persons or entities user lists, (Your account information that does not identify customer by name, address or similar personally-identifiable information), as well as aggregate information. Aggregate information includes information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which do not rely on providing to recipients the identity of any particular user of the Service. This shall not be construed to limit Our use of other information not addressed in this Section. You agree that We, in Our reasonable good faith discretion, and without notice, to provide Subscriber and user information and records to (i) the courts, (ii) law enforcement agencies, (iii) government agencies, or (iv) authorized persons or entities involved in enforcing compliance with the law or prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person or entity. In addition, We may maintain and use internally such information and records. Information generated by or in connection with our administration of the Service shall be and remain Our exclusive property. You acknowledge that communications with Us, our representatives and our contractors may be monitored or reviewed for quality control and other reasonable business purposes. You also acknowledge that advertising and promotion may occur on the Service and also that neither You nor any user shall have any claim with respect to any proceeds from such activities. Our Customer Proprietary Network Information (“CPNI”) policy can be found at www.camelliacom.com/cpni.htm.
9. Limited Warranty; Disclaimer of Warranties; Limitation on Damages. THE SERVICES AND EQUIPMENT ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BROADBAND SPEEDS, VIDEO AND TELECOMMUNICATION TRANSMISSION QUALITY, AND ACCURACY OF ANY DIRECTORY LISTINGS OR INFORMATION ARE NOT GUARANTEED. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY OUR EMPLOYEES, AGENTS OR CONTRACTORS SHALL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE QUALITY, CONTENT, ACCURACY OR VALIDITY OF THE INFORMATION, VIDEO AND/OR DATA RESIDING ON OR PASSING THROUGH AND/OR OVER THE NETWORK.
WITH RESPECT TO CLAIMS ARISING OUT OF PROVISION OF THE SERVICES SET OUT IN THIS AGREEMENT, OUR LIABILITY OF AND THAT OF OUR EMPLOYEES, AFFILIATES, SUBSIDIARIES, ASSIGNEES, OR AGENTS, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES WHICH SHALL NOT EXCEED THE GREATER OF TOTAL CHARGES APPLICABLE TO THE SERVICE FOR ONE YEAR OR THE THEN CURRENT TERM OF THIS AGREEMENT. IN THE CASE OF SERVICE INTERRUPTION, OUR LIABILITY SHALL BE LIMITED TO A PRORATED CREDIT FOR THE CHARGES APPLICABLE FOR THE PERIOD OF INTERRUPTION, AND AS OTHERWISE SET OUT ABOVE. UNDER NO CIRCUMSTANCES SHALL WE OR OUR EMPLOYEES, AFFILIATES, SUBSIDIARIES, ASSIGNEES, OR AGENTS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, NOTWITHSTANDING THEIR FORESEEABILITY OR DISCLOSURE BY YOU TO US, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM DELAY, LOSS OF DATA, PROFITS, OR GOODWILL. SHOULD WE PROVIDE ADVICE, MAKE RECOMMENDATIONS, OR SUPPLY OTHER ANALYSIS RELATED TO THE SERVICES, THIS LIMITATION OF LIABILITY SHALL APPLY TO PROVISION OF SUCH WORK. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY ACCIDENT OR INJURY CAUSED BY THE SERVICES. YOU ACKNOWLEDGE THAT THE PRICING OF SERVICES UNDER THIS AGREEMENT REFLECTS THE INTENT OF THE PARTIES TO LIMIT OUR LIABILITY AS PROVIDED HEREIN.
THIS SECTION 9 SURVIVES AND WILL CONTINUE TO APPLY AFTER THIS AGREEMENT ENDS.
10. Dispute Resolution. The Alabama Public Service Commission (“APSC”) has jurisdiction over the following complaints arising from Alabama intrastate residential telecommunications (telephone) services: inaccurate billing, billing of telecommunications services not ordered on your behalf and the establishment or disruption of telecommunications service. You may contact the APSC to file a complaint through its web page at http://www.psc.state.al.us or by telephone at 1-800-392-8050.
IT IS IMPORTANT THAT YOU READ THIS PARAGRAPH CAREFULLY. IT PROVIDES FOR RESOLUTION OF DISPUTES (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL OR EQUITABLE THEORY), THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT (OTHER THAN ACTIONS FOR THE COLLECTION OF DEBTS YOU OWE US), INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BASED ON ANY SERVICE OR ADVERTISING OF THE SERVICE RELATED THERETO, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §1-16. ANY QUESTION REGARDING WHETHER A PARTICULAR CONTROVERSY, OR THE PROCEDURES THEREIN, IS SUBJECT TO ARBITRATION SHALL BE DECIDED BY THE ARBITRATOR. YOU HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL IN THE ARBITRATION. THE ARBITRATOR SHALL BE BOUND BY AND STRICTLY ENFORCE THE TERMS OF THIS AGREEMENT AND MAY NOT LIMIT, EXPAND OR OTHERWISE MODIFY THE TERMS OF THIS AGREEMENT IN CONDUCTING THE ARBITRATION AND MAKING ANY AWARD. THE ARBITRATION WILL BE BASED SOLELY ON THE WRITTEN SUBMISSIONS OF THE PARTIES AND THE DOCUMENTS SUBMITTED RELATING TO THE DISPUTE, UNLESS EITHER PARTY REQUESTS THAT THE ARBITRATION BE CONDUCTED USING THE AAA’S TELEPHONIC, ON-LINE, OR IN-PERSON PROCEDURES, FOR WHICH ADDITIONAL CHARGES MAY APPLY. ANY IN-PERSON ARBITRATION WILL BE CONDUCTED AT A LOCATION THAT THE AAA SELECTS IN THE STATE OF YOUR PRIMARY RESIDENCE. ARBITRATIONS UNDER THIS AGREEMENT SHALL BE KEPT CONFIDENTIAL TO THE EXTENT PERMITTED BY LAW.
THE ARBITRATION OF ANY DISPUTE UNDER THIS AGREEMENT SHALL BE CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL OR CONSUMER, AS APPLICABLE, ARBITRATION RULES AND FEE SCHEDULE OF THE AAA, AS MODIFIED BY THIS AGREEMENT. THE APPLICABLE AAA RULES SHALL BE THOSE RULES WHICH GOVERN THE AMOUNT AND TYPE OF DISPUTE INVOLVED AND WHICH ARE IN EFFECT ON THE DATE A DISPUTE IS SUBMITTED TO THE AAA. A COPY OF THE AAA’S ARBITRATION RULES IS AVAILABLE BY WRITING TO US AT P.O. BOX 129, GREENVILLE, ALABAMA 36037.
DISPUTES UNDER THIS AGREEMENT MAY NOT BE JOINED WITH ANOTHER PROCEEDING, INCLUDING ANY INDIVIDUAL OR CLASS LAWSUIT. THE ARBITRATOR MAY NOT AWARD, AND YOU AND WE WAIVE ANY CLAIMS FOR AWARDS FOR PUNITIVE OR CONSEQUENTIAL DAMAGES OR ATTORNEYS’ FEES OR ANY DAMAGES THAT ARE BARRED BY THIS AGREEMENT, UNLESS SUCH DAMAGES ARE EXPRESSLY AUTHORIZED BY A RELEVANT STATUTE. ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS (2) AFTER THE DATE THE BASIS FOR THE DISPUTE OR CLAIM FIRST ARISES, OR WITHIN SUCH OTHER TIME PERIOD AS MAY BE PRESCRIBED BY RELEVANT STATUTE. BEFORE EITHER PARTY TAKES A DISPUTE TO ARBITRATION, SUCH PARTY MUST FIRST ATTEMPT TO RESOLVE THE DISPUTE BY CONTACTING THE OTHER PARTY. TO DO THIS YOU SHOULD CONTACT THE CUSTOMER SERVICE NUMBER ON YOUR BILL, OR WRITE TO US AT THE ABOVE ADDRESS OR CONTACT US THROUGH THE WEB AT WWW.CAMELLIACOM.COM. IF WE ARE NOT ABLE TO SATISFACTORILY RESOLVE THE DISPUTE WITHIN SIXTY (60) CALENDAR DAYS FROM THE DATE OF THE INITIAL NOTIFICATION OF THE DISPUTE, EITHER PARTY MAY CONTACT THE AAA IN WRITING AT AAA SERVICE CENTER, 2200 CENTURY PARKWAY, SUITE 300,ATLANTA, GA 30345-3203 (TEL 404-325-0101; FAX: 404-325-8034) AND REQUEST ARBITRATION.
THE AAA’S FILING FEE AND ADMINISTRATIVE EXPENSES FOR DOCUMENT ARBITRATION WILL BE ALLOCATED ACCORDING TO THE RULES OF THE AAA, EXCEPT, AS STATED HEREIN, FOR CLAIMS OF LESS THAN $10,000, WE WILL PAY ALL OF THE AAA’S COSTS AND FEES OTHER THAN A FILING FEE OF $20, WHICH YOU MUST PAY. FOR CLAIMS BETWEEN $10,000 AND $75,000, WE WILL PAY ALL OF THE AAA’S COSTS AND FEES, EXCEPT THAT YOU WILL PAY A FEE TO THE AAA OF NO MORE THAN $375. IF YOU ELECT AN ARBITRATION PROCESS OTHER THAN A DOCUMENT (“DESK”) OR TELEPHONE ARBITRATION, YOU MUST PAY YOUR ALLOCATED SHARE OF ANY HIGHER ADMINISTRATIVE FEES AND COSTS FOR THE PROCESS YOU SELECT.
ADDITIONAL INFORMATION ABOUT THE AAA’S RULES AND POLICIES IS AVAILABLE AT THE AAA’S WEBSITE, WWW.ADR.ORG, INCLUDING INFORMATION REGARDING THE AVAILABILITY OF A PRO BONO ARBITRATOR AND/OR A WAIVER OR DEFERMENT OF FEES AND EXPENSES FROM THE AAA. SUBJECT TO APPLICABLE SUBSTANTIVE LAW THAT MAY PROVIDE OTHERWISE, EACH PARTY WILL PAY ITS OWN EXPENSES TO PARTICIPATE IN THE ARBITRATION, INCLUDING ATTORNEYS’ FEES AND EXPENSES RELATED TO THE PRESENTATION OF EVIDENCE, WITNESSES, AND DOCUMENT PRODUCTION. IF YOU PREVAIL IN THE ARBITRATION, YOUR ARBITRATION FILING FEE WILL BE REIMBURSED BY US. IF WE PREVAIL IN THE ARBITRATION, AND WE SHOW THAT YOU ACTED IN BAD FAITH IN BRINGING YOUR CLAIM AGAINST US, THEN WE MAY SEEK TO RECOVER THE AAA’S FEES AND REASONABLE EXPENSES OF THE ARBITRATION FROM YOU. IF ANY PROVISION OF THIS DISPUTE RESOLUTION SECTION IS DETERMINED TO BE UNENFORCEABLE, THEN THE REMAINDER SHALL BE GIVEN FULL FORCE AND EFFECT.
THIS SECTION 10 SHALL NOT APPLY TO ACTIONS FOR THE COLLECTION OF DEBTS YOU OWE US.
11. Indemnification. You shall indemnify and hold US harmless from and against any and all claims, losses, damages, liabilities, fees and expenses incurred by Us (including attorneys’ fees and expenses) or You resulting from, arising out of, or connected with any breach or violation by You of any terms and conditions set forth in this Agreement and Your use of the Service in any manner whatsoever.
12. Notices; Facsimile Signatures. All notices required by this Agreement may be made by any reasonable means, including, but not limited to, email or publication over the Service. The delivery of any party to the other of a telecopy or facsimile signature to the Service Application, this Agreement or any notice hereunder shall have the same effect as the delivery of an original signature; provided however, that the party thereafter shall promptly deliver an original signature page to the other (although any failure or delay in the delivery of an original signature shall not vitiate or impair the legally binding effect of a telecopy of facsimile signature).
13. Binding Effect. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their successors and permitted assigns of You; provided, however, that neither the equipment nor this Agreement nor any of the rights, interests or obligations of You hereunder or to the equipment may be transferred, assigned or delegated without Our prior written consent.
14. Governing Law and Forum/Collection Costs. Subject to the arbitration and dispute resolution requirements of Paragraph 10, this Agreement is governed by and construed in accordance with the laws of the State of Alabama and You consent to the jurisdiction of the federal District Courts of Alabama and the Circuit and District Courts of Washington County, Alabama with respect to any dispute arising under this Agreement. Any final arbitration award or judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. You agree to pay all costs of collection, including all reasonable attorney’s fees and expenses, incurred by Us arising from or related to the collection of any amounts due under this Agreement. The right to such attorney’s fees and expenses shall be deemed to have accrued from the commencement of any such activities and shall be enforceable whether such action is filed or prosecuted to judgment. Nothing herein contained shall be construed to preclude or in any way prohibit Us from instituting and otherwise prosecuting to judgment a lawsuit in any court of competent jurisdiction to effect the collection of any sums due it. The printed or electronic version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative hearing based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. Force Majeure. We are be excused from performance hereunder for any period, to the extent that it is prevented from such performance, in whole or in part, as a result of delays caused by an act of God or other cause beyond Our control, including, without limitation, weather, acts of third parties, or outages on other systems.
16. Reformation; Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, and the remainder of this Agreement shall not be affected thereby and each term, covenant or condition of the Agreement shall be valid and be enforced to the fullest extent permitted by law.
17. Waiver. Any failure by either party to insist upon the strict performance by the other party of any of the provisions of this Agreement shall not be deemed a waiver of any of the provisions of this Agreement, and each party, notwithstanding such failure, shall have the right thereafter to insist upon the specific performance of any and all of the provisions of this Agreement.
18. Web Service (Broadband Only). We grant you non-exclusive, non-transferable, limited license to store documents on our Internet World Wide Web server in accordance with this Agreement. We will bill for usage in accordance with rate and prices published online at the time of use. Personal web space may not be used for commercial purposes. Commercial web space is available as an optional service. You are responsible for domain name registration and for any associated fees. Provided however, that if selected by you as an optional service, We will register an available domain name on your behalf and charge you a registration fee and the initial term fee charged by such third party for owning the domain name. We shall also charge an initial nonrecurring setup fee for adding your registered name on Our domain name server and a monthly recurring fee for each month the site is hosted.
19. Calling Card Services. By activating or using a calling card, you agree that We or any billing agent we may use may release to Us any customer account information related to your use of the card. In the event that a Calling Card is used to place calls using other carriers, such calls shall be subject to the rates, terms, and conditions of such other carrier(s), and customer agrees to pay any such charges. You may authorize others to use your Calling Card, but you will remain responsible for all charges. If your Calling Card is lost or stolen, you are responsible for charges incurred until the time you notify Us at the number on your bill or by any verified electronic communication that may be provided by Us for that purpose. We may take any action We deem appropriate in the event We suspect calling card fraud, including, but not limited to, suspending or terminating the card without notice. Your card may also be subject to a maximum monthly usage limit.
20. Time Calculations. Unless otherwise provided in the Service Application, Any usage-sensitive charges under the Agreement begin when the connection is established and end when one or both parties hangs up. Long-distance telephone calls within the continental United States of America will be timed in six (6) second increments, and the time of the call will be rounded up to the nearest six (6) second increment. Long-distance telephone calls terminated outside of the continental United States will be timed in one (1) minute increments, and the time of the call will be rounded up to the nearest one (1) minute increment. REFER TO THE SERVICE DESCRIPTIONS AND RATES APPLICABLE TO YOUR SPECIFIC SERVICE FOR ANY PLAN SPECIFIC USAGE CHARGES AND OPTIONS.
21. Miscellaneous. This Agreement, along with the Service Application and Our Price List, and any other documents incorporated by reference herein, constitutes the entire agreement of the parties with respect to the Services and/or Equipment provided hereunder, above, and cannot be amended or modified except as provided in this Agreement.