This 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.
THIS 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 TERMINATE IT.
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 ONLY.
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
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 PERFORMANCE.
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.
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 http://www.mountaintelephone.com/Sub/AUP.html.
For the purpose of this AUP, the Customer shall sometimes be referred to as [User(s)].
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.
Copyright Infringement Contact
PO Box 399
West Liberty, KY, 41472
Phone: (606)743-3121 ext. 167